A Detailed Analysis of Article 145 of Indian Constitution
Article 145 of the Indian Constitution: A Detailed Analysis
1. Text of Article 145
Article 145 deals with the rules of procedure and conduct of business in the Supreme Court of India.
It contains four clauses:
Clause (1): The Supreme Court may make rules for regulating the practice and procedure of the Court, including the salaries, allowances, and privileges of officers and servants of the Court.
Clause (2): These rules require the President of India’s previous approval.
Clause (3): The Supreme Court can, subject to these rules, regulate its own procedure.
Clause (4): The Supreme Court may authorize one or more of its members to make rules on its behalf.
2. Purpose and Importance
A. Regulating Procedure
Article 145 empowers the Supreme Court to frame its own rules relating to:
How cases are heard,
Court conduct,
Practice and procedure,
Salaries and privileges of court staff.
This autonomy ensures the Supreme Court functions efficiently and independently, with procedures tailored to its needs.
B. Balancing Independence and Executive Oversight
Although the Court can make its own rules, it requires the President’s approval.
This acts as a constitutional check ensuring rules align with broader constitutional principles without compromising judicial independence.
3. Scope of Rules Under Article 145
Rules may cover:
Filing of petitions
Manner of arguments
Admissibility of evidence
Appointment and pay of officers and servants
Privileges and immunities
The rules framed under Article 145 are binding on parties appearing before the Supreme Court.
4. Supreme Court Rules, 2013
The Supreme Court exercises its power under Article 145 to frame the Supreme Court Rules, 2013.
These rules govern:
Civil, criminal, and constitutional proceedings,
Court fees,
Filing of petitions,
Appeals procedures,
Conduct of advocates, etc.
5. Key Judicial Pronouncements
🏛️ R.C. Cooper v. Union of India (1970)
The Supreme Court acknowledged the importance of rules framed under Article 145 to regulate court procedure.
Emphasized that such rules are subordinate legislation but cannot violate constitutional principles.
🏛️ Attorney-General for India v. S.V. Giri (1961)
The Court held that its procedure must be governed by the rules framed under Article 145.
The power to regulate its own procedure is inherent but must comply with the rules approved by the President.
🏛️ Re: Supreme Court Rules (1995)
The Court held that the procedure for filing a petition must be strictly followed.
The Court cannot relax rules framed under Article 145 arbitrarily.
6. Significance of President’s Approval
The requirement of President’s approval under Clause (2) ensures executive-legislative scrutiny.
However, it does not compromise judicial independence because:
Approval is a formal sanction,
Usually, the President acts on the advice of the Council of Ministers,
The rules pertain to internal procedures, not substantive law.
7. Autonomy and Self-Governance
Clause (3) affirms the Court’s power to regulate its own procedure subject to rules framed under Article 145(1).
Clause (4) empowers the Supreme Court to delegate rule-making to one or more judges, enhancing administrative efficiency.
8. Comparison with Other Articles
Article 145 is specific to the Supreme Court.
Article 227 and 235 confer similar powers on High Courts to regulate their own procedure.
The distinct provision ensures a separation of powers and administrative independence of the apex court.
9. Practical Implications
Ensures uniformity and certainty in Supreme Court proceedings.
Enables adaptation of procedural rules with changing judicial needs.
Governs professional conduct and privileges of legal practitioners.
Helps maintain the dignity and decorum of the Court.
10. Summary
| Clause | Provision | Significance |
|---|---|---|
| Clause (1) | Supreme Court may make rules on procedure and salaries | Enables Supreme Court to regulate its own procedure and staff conditions |
| Clause (2) | Requires President's previous approval | Executive oversight while preserving judicial autonomy |
| Clause (3) | Court regulates its own procedure subject to rules | Judicial self-governance |
| Clause (4) | Power to delegate rule-making to judges | Administrative convenience |
Conclusion
Article 145 is a crucial constitutional provision that strikes a balance between judicial independence and constitutional oversight. It empowers the Supreme Court to regulate its own procedure and administration, which is vital for the smooth functioning of the highest judicial authority in India.
The requirement of President’s approval acts as a constitutional check, ensuring transparency and accountability without undermining the Court’s autonomy.
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