## CONSTITUTION 145

### CONSTITUTION 145 — Rules of Court, etc
- https://unisonlegal.in/statutes/constitution/145

> 145. Rules of Court, etc.-(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 practising before the Court;

1. See the Supreme Court (Decrees and Orders) Enforcement Order, 1954 (C.O. 47).
2. The words, brackets and figure "clause (i) of" omitted by the Constitution (Seventh
Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
3. Subs. by s. 29 and Sch., ibid., for "said clause" (w.e.f. 1-11-1956).
4. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 1-2-1977).
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(b) rules as to the procedure for hearing appeals and other matters
pertaining to appeals 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;
1[(cc) rules as to the proceedings in the Court under 2[article
139A];]
(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 including the time within which applications to
the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the
Court and as to 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;
(i) rules providing for the summary determination of any appeal
which appears to the Court to be frivolous or vexatious or brought for the
purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause
(1) of article 317.
(2) Subject to the 3[provisions of 4*** 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 Division Courts.
(3) 5[4***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:

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for "articles 131A
and 139A" (w.e.f. 13-4-1978).
3. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "provisions
of clause (3)" (w.e.f. 1-2-1977).
4. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6
(w.e.f. 13-4-1978).
5. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for "The
minimum number" (w.e.f. 1-2-1977).
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Provided that, where the Court hearing an appeal under any of the
provisions of this Chapter other than article 132 consists of less than five Judges
and in the course of the hearing of the appeal the Court is satisfied that the appeal
involves a substantial question of law as to the interpretation of this Constitution
the determination of which is necessary for the disposal of the appeal, such Court
shall refer the question for opinion to a Court constituted as required by this
clause for the purpose of deciding any case involving such a question and shall
on receipt of the opinion dispose of the appeal in conformity with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open
Court, and no report shall be made under article 143 save in accordance with an
opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at the hearing
of the case, but nothing in this clause shall be deemed to prevent a Judge who
does not concur from delivering a dissenting judgment or opinion.