Article 145 of CoI : Article 145: Rules of Court, etc.

Explanation using Example

Example 1:

Scenario: A lawyer wants to practice in the Supreme Court of India.

Application of the Act: Under Article 145(a), the Supreme Court has the authority to make rules regarding who can practice before it. For instance, the Supreme Court may require that lawyers must have a certain number of years of experience practicing in lower courts before they can appear before the Supreme Court. This ensures that only qualified and experienced lawyers represent cases at the highest level.

Example 2:

Scenario: A citizen files a petition in the Supreme Court to enforce their fundamental rights under Part III of the Constitution.

Application of the Act: Article 145(c) allows the Supreme Court to establish rules for proceedings related to the enforcement of fundamental rights. For example, the Court may set specific procedures for filing such petitions, including the format of the petition, the required documentation, and the timeline for hearings. This ensures that there is a clear and consistent process for citizens seeking to enforce their constitutional rights.

Example 3:

Scenario: An individual wants to appeal a decision made by a lower court to the Supreme Court.

Application of the Act: Article 145(b) provides the Supreme Court with the authority to make rules regarding the procedure for hearing appeals. For instance, the Court may specify the time frame within which an appeal must be filed after the lower court's decision, the format of the appeal documents, and the process for scheduling hearings. This helps streamline the appeal process and ensures timely justice.

Example 4:

Scenario: A party to a case in the Supreme Court believes that the judgment was incorrect and seeks a review.

Application of the Act: Article 145(e) allows the Supreme Court to set rules for reviewing its own judgments. For example, the Court may establish conditions under which a review can be requested, such as new evidence coming to light or an apparent error in the judgment. The rules may also specify the procedure and timeline for filing a review petition. This provides a mechanism for correcting potential errors in the Court's decisions.

Example 5:

Scenario: A case involves a substantial question of law regarding the interpretation of the Constitution.

Application of the Act: Article 145(3) mandates that a minimum of five judges must sit for cases involving substantial questions of constitutional law. For instance, if a case questions the constitutionality of a new law, it must be heard by a bench of at least five judges. This ensures that significant constitutional issues are decided by a larger and more representative panel of judges.

Example 6:

Scenario: A frivolous appeal is filed in the Supreme Court with the intent to delay proceedings.

Application of the Act: Article 145(i) allows the Supreme Court to make rules for the summary dismissal of frivolous or vexatious appeals. For example, the Court may establish a preliminary review process to quickly identify and dismiss appeals that lack merit or are intended to delay justice. This helps prevent the misuse of the judicial process and ensures that the Court's time is used efficiently.