Supreme Court Make Rules for Regulating Practice and Procedure of the Court

Under which Article Does the Supreme Court make rules for regulating generally the practice and procedure of the court? Article 145 of the Indian Constitution grants the Supreme Court the authority to establish rules governing court practice and procedure. According to Article 145, the Supreme Court has the power to establish rules to ensure the effective operation of the court and the administration of justice, according to the President of India’s consent.

Introduction to Article 145

1. The Supreme Court  may enact rules from time to time, with the President’s agreement for generally regulating the practice and procedure of the Court, including:

(a) guidelines governing those who practice before the Court.

(b) guidelines governing the process for taking into account appeals and other issues related to the Court’s jurisdiction and authority under Article 142.

(c) makes decisions about the Court’s procedures to enforce any of the privileges granted by Part III.

(d) rules for the Court’s Article 139A proceedings.

(e) procedures for hearing appeals under sub-clause (c) of Article 134’s clause (1).

(f) regulations governing the situations under which a decision or order issued by the Court may be reviewed, in addition to the process for doing so, including the due date for submitting applications for review.

(g) guidelines governing the fees to be collected for dealing with court proceedings and the additional costs associated with any activities in the court.

(h) criteria for granting bail.

(i) rules regulating the delay of proceedings.

(j) rules permitting the quick dismissal of any appeal the court considers to be unimportant, pointless, or brought merely to cause delay.

k) guidelines governing the inquiries described in Article 317’s subsection (1).

(l) any other issue for which it is necessary to establish regulations in order for the Supreme Court to exercise the power granted to it by any section of this constitution.

(m) usually for all of these purposes, or any other purposes, of this section of the law.

2. Establishing rules governing any matter, such as the summoning of witnesses and their examination before the court or any officer or person selected by the court, as well as any matter that is not governed by the procedure described in section (1) or (3) of this legislation.

3. The regulations created in accordance with this law may specify the minimum number of judges needed to participate in any proceeding as well as the authority of single judges and division courts.

Objectives of Article 145

• Streamlined judicial process: The law seeks to improve the judicial process by setting standards, making it more efficient and less prone to delays.
• Efficiency: The main objective of this regulation is to ensure the Supreme Court’s efficiency by providing specific and well-defined rules for its usage and operations.
• Fairness and transparency: The law aims at promoting fairness and transparency in the court’s processes, ensuring that all parties are treated equally.
• Access to justice: By establishing clear rules, the law aims to make it simpler for victims, advocates, and other parties involved with judicial proceedings to access justice.
• Uniformity and consistency: The law aims to bring consistency and uniformity to how the Supreme Court executes justice and conducts proceedings.

Features of Article 145

• Approval requirement: Before taking effect, the President of India must give his or her consent to the rules imposed by the Supreme Court under Article 145.
• Flexibility: The Supreme Court is provided with the legal authority to alter the rules if needed, allowing it to respond to the demands of the time.
• Provision for single judges and division benches: The law gives the Supreme Court the authority to determine the case-hearing and decision-making authority of single judges and division benches.
• Number of Judges: Under the law, the Supreme Court has the power to decide the minimum number of judges essential for hearing cases containing important legal issues.

Achievements of Article 145

• It makes sure that cases are heard and resolved in a way that is more quick and effective.
• It guarantees consistency and uniformity in the administration of justice, thereby reducing ambiguity and misunderstanding.
• In order to ensure that all parties are treated equally, it tries to boost fairness and transparency in the court’s proceedings.
• The Supreme Court has the authority under the law to alter the rules when needed in order to respond to the evolving needs of the legal system.
• It keeps Parliament and the Court in a balanced relationship.

Drawbacks of Article 145

• Due to the complex and-technical aspect of the rules created by this law, it can be difficult for petitioners and even legal professionals to properly understand and comply with the proceedings.
• While the law tries to speed up the legal system, complex regulations and processes can unintentionally lead to delays in the conclusion of cases, especially if parties find it difficult to comply with the requirements.
• It’s possible that the law doesn’t give the victims enough ways to contest specific rules they think are unfair or illogical.
• The inefficiency of the court may be hindered by the delays in updating the rules.

Frequently Asked Questions Article 145

Q. How are the Regulations Established by Article 145 Approved?

Ans: The President of India must provide his or her permission before the Supreme Court’s rules established under Article 145 can go into effect.

Q. Are Lower Courts in India subject to the Rules Established by Article 145?

Ans: No, the rules established by Article 145 are unique to the Indian Supreme Court.

Q. How do the Processes Described in Article 145 affect the Legal Applicant’s Rights?

Ans: Since they specify into the steps that have to be taken in court, the rules stated in Article 145 have an important impact on the rights of applicants. These regulations guarantee that the parties can present their cases in a fair and open manner and demand justice.

Q. Can the Laws Established under Article 145 be contested in court?

Ans: While the decisions made by the Supreme Court under Article 145 of the Constitution cannot be challenged directly in court, they must be complied with with the Constitution’s requirements. A rule may be reviewed by judicial review if it is discovered to be violating the Constitution or an additional piece of legislation.