Article 145 (Rules of Court, etc): Defines the jurisdiction, judicial independence, and appellate powers of the Supreme Court of India.
In Simple Citizen Words
Article 145 ('Rules of Court, etc') belongs to Part V, Chapter IV (The Union Judiciary). It defines the institutional architecture and jurisdiction of the Supreme Court of India—covering judicial appointments, salaries, Court of Record status (contempt power), original federal disputes (Art 131), constitutional/civil/criminal appeals (Arts 132–136), review of judgments (Art 137), or binding precedents (Art 141). Specifically: (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...
Key Constitutional Provisions
Constitutional Mandate (Art. 145): Directly codifies the legal rule for 'Rules of Court, etc' under Part V
Structured across 8 clause(s) and 11 sub-clause(s) with explicit constitutional provisos/safeguards
Backed by independent judicial oversight of the Supreme Court to protect constitutional legality
Exceptions & Reasonable Restrictions
Supreme Court powers are exercised by independent Benches according to constitutional rules and judicial discipline, insulated from political interference.
Why This Matters in Daily Life
Makes the Supreme Court the ultimate guardian of the Constitution and the final court of appeal for every citizen seeking justice.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:
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Dr. B. R. Ambedkar & Alladi Krishnaswamy Iyer
Drafting Committee Architects • May 24–27, 1949
🏛️ Constituent Assembly Debates (1946–1949)
Core Constitutional Debate & Dilemma
Framing context for Article 145: Creating a single integrated Supreme Court with wider appellate and constitutional jurisdiction than any other apex court in the world, while insulating judges from political pressure.
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"Our Judiciary must both be independent of the Executive and must also be competent in itself... The Supreme Court of India has wider powers than the highest court in any federation known to history."
Assembly Resolution & Final Synthesis
Constitutional resolution in Article 145: Enacted Articles 124–147 establishing the Supreme Court of India as guardian of the Constitution with original, appellate, SLP (Art 136), complete justice (Art 142), and binding precedent (Art 141) powers.
🏛️ Constitutional Significance:
During the Constituent Assembly deliberations, Article 145 was codified as an integral pillar of India's constitutional governance.
Official Constitutional Text (Gazette Bare Act)
Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown
India Code • Govt. of India Archive
Clause (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 —
Sub-clause (a)
rules as to the persons practising before the Court;
Sub-clause (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;
Sub-clause (c)
rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
Sub-clause (cc)
rules as to the proceedings in the Court under article 139A;
Sub-clause (d)
rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;
Sub-clause (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;
Sub-clause (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;
Sub-clause (g)
rules as to the granting of bail;
Sub-clause (h)
rules as to stay of proceedings;
Sub-clause (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;
Sub-clause (j)
rules as to the procedure for inquiries referred to in clause (1) of article 317.
Clause (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 Division Courts.
Clause (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 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.
Clause (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.
Clause (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.
Public Domain & Statutory Authenticity Notice
Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.
Then vs Now: Constitutional Evolution & Visual Diff
Rules of Court, etc
🟢 Original 1950 Text Intact (Zero Textual Repeal)
Baseline: Jan 26, 1950 → Today
ORIGINAL BASELINE (1950)
Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 145 (Rules of Court, etc) has remained intact since Day 1 without parliamentary deletion or repeal.
CURRENT ENFORCEABLE STATUS (TODAY)
100% Original 1950 Text Enforceable Today: Article 145 (Rules of Court, etc): Defines the jurisdiction, judicial independence, and appellate powers of the Supreme Court of India.
Key Amendment Milestones & Textual Modifications
Original Enactment by the Constituent Assembly
Year 1950
Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.
Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact
