A Detailed Analysis of Article 145 of Indian Constitution

Article 145 of the Indian Constitution deals with the power and authority of the Supreme Court of India to make rules for regulating its practice and procedures. This provision provides the Supreme Court with the autonomy to structure its operations and judicial functioning, ensuring that the Court’s processes align with the needs of justice in the nation. This article plays a significant role in shaping how the Supreme Court operates, influencing not just the speed of its processes but also the quality and accessibility of its proceedings.

In this article, we will delve into the details of Article 145, outlining its scope, powers, and implications, particularly with respect to rules governing appeals, bail, judgements, and the review of decisions. We will also discuss the relationship between the Constitution, the judiciary, and the procedural framework, as envisioned by this provision.

The Constitutional Framework for Supreme Court Rules

Article 145 is a key provision within the Constitution that allows the Supreme Court to make rules for the regulation of its practice and procedure. While the Constitution sets out broad principles and guidelines for the functioning of the judiciary, it is Article 145 that grants the Supreme Court the necessary authority to determine its own internal procedures. This self-regulation ensures that the Court can efficiently and effectively carry out its functions.

The article makes it clear that any rules made by the Court must be approved by the President of India. This dual control mechanism — with the Supreme Court having the power to frame rules and the President’s approval being a procedural check — ensures that the rules are in line with the constitutional framework while providing the Court with the flexibility to adapt to evolving legal landscapes.

Scope of the Rules under Article 145

The rules that the Supreme Court can frame under Article 145 are comprehensive and cover several aspects of judicial functioning. The provisions of this article can be classified into several key categories:

Rules for Practitioners before the Court

Article 145 allows the Supreme Court to establish rules governing who may practice before it. The rules may define the qualifications and procedures for legal practitioners, ensuring that only competent and qualified individuals represent clients before the highest judicial authority in the country. This helps maintain the standard of legal practice within the Court and ensures that cases are argued and presented by legal professionals with the necessary expertise.

Procedure for Hearing Appeals

One of the most important functions of the Supreme Court is to hear appeals from lower courts. Article 145 authorises the Court to create rules for managing the procedure of hearing appeals, including the timelines within which appeals should be filed. The Court has the discretion to lay down detailed guidelines on how appeals should be processed, ensuring that the appellate process is fair, transparent, and timely.

This provision has significant implications for the efficiency of the judicial system. By having clear rules on the filing of appeals and the timeframe within which they should be entered, the Court ensures that there is no unnecessary delay in the disposal of cases. This helps expedite justice delivery and prevents the clogging of the judicial system with unnecessary backlogs.

Enforcement of Rights Under Part III

Part III of the Indian Constitution guarantees fundamental rights to citizens. The enforcement of these rights can involve complex legal procedures, and the Supreme Court plays a crucial role in safeguarding these rights. Article 145 empowers the Supreme Court to make rules regarding proceedings related to the enforcement of these fundamental rights. This includes how petitions relating to fundamental rights are to be filed, heard, and decided, ensuring that justice is accessible and efficient for individuals whose rights are violated.

Proceedings under Article 139A

Article 139A empowers the President of India to refer certain matters to the Supreme Court for an opinion. Article 145 provides the Court with the power to make rules regarding proceedings under Article 139A. This includes setting out the procedures for receiving, processing, and issuing opinions on such references. This ensures that these references are handled systematically and according to established legal procedures.

Judgement Review Procedure

The power of the Supreme Court to review its judgements is a crucial aspect of its functioning. Article 145 enables the Court to create rules on the review of judgements or orders, including the time limits within which such applications should be filed. A structured approach to the review process ensures that errors or omissions in the Court’s judgements can be corrected, maintaining the credibility and integrity of the judicial system.

Additionally, the Court has the authority to set rules governing the conditions under which a judgement may be reviewed, ensuring that the process is not misused or abused by parties seeking to delay justice.

Rules on Costs, Bail, and Stay of Proceedings

Article 145 also empowers the Supreme Court to establish rules regarding costs and fees associated with judicial proceedings. This ensures that the costs of litigation are appropriately regulated and that there is clarity on the fees charged for various types of proceedings.

Furthermore, the article grants the Court the authority to make rules on the granting of bail and the stay of proceedings. These rules govern how bail applications are processed and the conditions under which stays may be granted, helping manage the flow of cases before the Court.

Summary Determination of Frivolous Appeals

Article 145 gives the Supreme Court the power to create rules that allow for the summary dismissal of frivolous or vexatious appeals. If an appeal is found to be without merit or is brought with the intention of delaying proceedings, the Court can quickly dispose of the matter. This provision helps the Court avoid wasting time and resources on cases that do not deserve judicial attention, allowing it to focus on matters of greater legal significance.

Rules for Inquiries Under Article 317

Article 317 deals with the conditions under which the President can remove certain constitutional functionaries from office. The Supreme Court is empowered to make rules to govern inquiries relating to the removal of these officials, ensuring that the process is fair and legally sound.

Judges’ Minimum Numbers for Constitutional Interpretation

A critical provision under Article 145 is the stipulation that cases involving substantial constitutional questions, or matters referred under Article 143, must be decided by a bench of at least five judges. This ensures that important constitutional matters receive careful consideration by a larger bench, preventing the dilution of the Court’s decisions on fundamental issues of law.

In cases where an appeal involves substantial questions of law but is initially heard by fewer than five judges, the bench is required to refer the matter to a larger bench for an opinion. This ensures that important constitutional issues are not decided by a small bench without the necessary judicial depth and expertise.

Open Court and Majority Concurrence

Another important aspect of Article 145 is its requirement that no judgement or opinion of the Supreme Court is delivered outside of an open Court session. This ensures transparency and accountability in the Court’s proceedings, allowing the public and the legal community to witness and understand the reasoning behind the Court’s decisions.

Additionally, Article 145 requires that a majority of judges present at a hearing must concur in order for a judgement or opinion to be delivered. While this guarantees that the Court’s decisions are the result of collective judicial deliberation, it also allows for dissenting opinions. Judges who do not agree with the majority can still deliver a dissenting judgement, providing valuable alternative legal perspectives. This ensures that the judicial process remains dynamic and robust, fostering a healthy exchange of ideas within the highest court of the land.

Conclusion

Article 145 of the Indian Constitution plays a pivotal role in the functioning of the Supreme Court. It grants the Court the authority to make rules for regulating its practice and procedure, thereby enabling it to administer justice efficiently and effectively. Through this article, the Constitution recognises the need for flexibility in judicial functioning, allowing the Court to adapt its procedures to meet the demands of the evolving legal landscape.

From managing appeals and practitioners to ensuring transparency in judgement delivery and the review of decisions, Article 145 provides a comprehensive framework for the Supreme Court’s operations. Its provisions on the minimum number of judges for constitutional matters, the summary dismissal of frivolous appeals, and the requirement for majority concurrence in judgements underscore the importance of judicial discipline and integrity in maintaining the rule of law.