Article 145 of the Costitution of India with Case law
aHere is a detailed explanation of Article 145 of the Constitution of India, including its text, meaning, implications, and important case law:
🧾 Article 145 – Rules of Court, etc.
🔹 Text of Article 145 (as per Constitution of India):
(1) 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 generally 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 including the time within which appeals to the Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
(d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of Article 134;
(e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review;
(f) rules as to the costs of and incidental to any proceedings in the Court and the fees to be charged in respect of proceedings therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(2) Subject to the provisions of clause (3), rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and of Division Courts.
(3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five:
Provided that, where the Court hearing an appeal under any of the provisions of this Chapter (other than Article 132) is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution, it shall refer the question for opinion to a Bench of not less than five Judges.
🧩 Key Provisions in Simple Terms
| Provision | Meaning |
|---|---|
| Rule-Making Power | Supreme Court can make its own rules for functioning, with Presidential approval. |
| Minimum Bench Strength | A minimum of 5 judges must hear cases involving constitutional interpretation or Presidential references. |
| Flexibility in Procedure | Court can fix procedure for hearing appeals, review petitions, grant of bail, costs, etc. |
⚖️ Important Case Law on Article 145
1. Ashok Hurra v. Rupa Hurra (2002) 4 SCC 388
Issue: Can a curative petition be filed even after a review petition is dismissed?
Relevance: The Court evolved the concept of a curative petition as a constitutional safeguard and invoked its inherent powers under Article 145 r/w Article 142, filling the procedural gap not covered in Supreme Court Rules.
2. Supreme Court Advocates-on-Record Association v. Union of India (2016) 5 SCC 1 (NJAC Case)
Bench Strength: A Constitution Bench of 5 Judges was required under Article 145(3) because it involved a substantial question of constitutional law (validity of the 99th Constitutional Amendment).
Reinforced that matters involving constitutional interpretation cannot be decided by smaller benches.
3. State of Uttar Pradesh v. Neeraj Chaubey, (2010) 10 SCC 320
Relevance: Highlighted that the Supreme Court Rules, framed under Article 145, cannot override the fundamental rights or any express provisions of the Constitution or statute.
4. P.V. Narasimha Rao v. State (CBI/SPE), 1998 SC
Bench Composition: This case was decided by a 5-judge Constitution Bench as it involved issues of constitutional interpretation—reinforcing Article 145(3)'s requirement of minimum bench strength.
🏛️ Rules Made Under Article 145
The Supreme Court Rules, 2013 were framed under Article 145 to regulate:
Filing procedures
Types of petitions
Court fees
Time limits
Review/curative petitions
Public interest litigation (PIL)
âś… Summary Table
| Aspect | Description |
|---|---|
| Article Number | 145 |
| Subject | Supreme Court’s rule-making powers |
| Presidential Approval Needed? | Yes |
| Minimum Bench for Constitutional Cases | 5 Judges |
| Famous Cases | Ashok Hurra, NJAC case, P.V. Narasimha Rao |
| Key Rules Framed | Supreme Court Rules, 2013 |
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