Actual Article
Article 145: Rules of Court, etc.
- Rule-Making Power:
- Subject to the provisions of any law made by Parliament, the Supreme Court may, from time to time, with the approval of the President, make rules for regulating the practice and procedure of the Court, including:
- a) Rules as to the persons practicing before the Court.
- b) Rules as to the procedure for hearing appeals and other matters pertaining to its jurisdiction.
- c) Rules as to the fees to be charged in respect of proceedings in the Court and as to the costs to be allowed to advocates in such proceedings.
- d) Rules as to the conduct of the business of the Court.
- e) Rules as to the procedure for inquiries referred to in clause (1) of Article 317.
- Judgments of the Court:
- Subject to the provisions of any law made by Parliament, the Supreme Court shall have the power to review any judgment pronounced or order made by it.
- Court Sitting in Divisions:
- The Supreme Court may sit in divisions, and it is competent to make rules for the conduct of such sittings, provided that any judgment delivered by a division of the Court shall be subject to appeal to a larger Bench.
UPSC Notes for Article 145
Explanation:
- Rule-Making Power:
- The Supreme Court has the authority to make rules for regulating its practice and procedure, subject to the approval of the President and any laws made by Parliament.
- These rules can cover various aspects, including who can practice before the Court, procedural rules for hearings, fee structures, and business conduct.
- Judgments of the Court:
- The Supreme Court has the power to review its own judgments and orders, ensuring that it can correct errors and uphold justice.
- Court Sitting in Divisions:
- The Supreme Court can sit in smaller divisions (Benches) and has the authority to make rules for these sittings.
- Judgments delivered by a smaller Bench can be appealed to a larger Bench for reconsideration.
Key Points:
- Autonomy in Rule-Making: Article 145 grants the Supreme Court significant autonomy to regulate its practice and procedures, ensuring that it can operate efficiently and effectively.
- Review of Judgments: Ensures that the Supreme Court can rectify its own errors, enhancing the integrity and fairness of the judicial process.
- Sitting in Divisions: Allows for flexibility in how the Court hears cases, with provisions for appealing decisions from smaller Benches to larger ones.
Important Cases and Commissions Related to Article 145
Cases:
- Supreme Court Advocates-on-Record Association vs. Union of India (1993): Discussed the procedures and rules for the appointment of judges, highlighting the importance of Supreme Court rules.
- L. Chandra Kumar vs. Union of India (1997): Reinforced the need for a consistent procedural framework within the judiciary, emphasizing the role of Supreme Court rules.
Commissions:
- Law Commission of India: Various reports have highlighted the importance of clear and efficient procedural rules for the Supreme Court.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to enhance the procedural efficiency and effectiveness of the Supreme Court, including the importance of Article 145.
Previous Year Prelims Questions Related to Article 145
- (UPSC Prelims 2016) Which Article of the Indian Constitution empowers the Supreme Court to make rules for regulating its practice and procedure?
- A. Article 136
- B. Article 137
- C. Article 145
- D. Article 143 Correct Answer: C. Article 145
- (UPSC Prelims 2018) The power of the Supreme Court to review its own judgments or orders is subject to the provisions of which Article?
- A. Article 141
- B. Article 142
- C. Article 144
- D. Article 145 Correct Answer: D. Article 145
Previous Year Mains Questions Related to Article 145
- Mains 2016: “Discuss the significance of Article 145 in ensuring the procedural efficiency of the Supreme Court. How does this article empower the Court to regulate its own practice?”
- Mains 2019: “Analyze the role of Article 145 in maintaining judicial autonomy and procedural flexibility in the Supreme Court. How do the rule-making powers under this article impact the functioning of the Court?”
Additional Insights:
- Ensuring Efficiency: Article 145 allows the Supreme Court to create rules that enhance its procedural efficiency, ensuring that cases are heard and decided in a timely and orderly manner.
- Maintaining Integrity: The ability to review its own judgments underlines the Supreme Court’s commitment to justice and its willingness to correct mistakes.
- Flexibility and Adaptability: The provision for sitting in divisions and creating specific rules for various aspects of its functioning allows the Supreme Court to adapt to different types of cases and legal challenges.
Understanding Article 145 is crucial for UPSC aspirants as it outlines the Supreme Court’s power to regulate its practice and procedure, ensuring autonomy, efficiency, and flexibility in the highest judicial body’s functioning. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the effective administration of justice in India.