Supreme Court's Power to Make Rules of Procedure
Article 145 lets the Supreme Court, with presidential approval, frame rules of procedure and practice, including who may practise before it.
At a glance
Article 145 empowers the Supreme Court to make rules of practice and procedure, with presidential approval.
Rules under Article 145 are subject to any law made by Parliament and require the President's approval.
Gives the Supreme Court procedural autonomy over its own functioning, including who may practise before it.
Rules of procedure for the Supreme Court are framed under Article 145, which empowers the Court, subject to any law made by Parliament, to make rules from time to time — with the President's approval — for regulating generally the practice and procedure of the Court. This provision is what allows the Supreme Court to govern its own day-to-day functioning without needing fresh legislation for every procedural detail.
What Article 145 Provides
Article 145(1) states that, subject to 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. Among the matters such rules may cover is the regulation of persons practising before the Court — that is, who may appear and argue cases in the Supreme Court and under what conditions. The rule-making power is thus both a housekeeping function and a gatekeeping function: it lets the Court organise its internal working while also controlling who may act as advocates before it.
Subordinate to Parliamentary Law
The rule-making power under Article 145 operates within limits set by Parliament. Any rules the Supreme Court frames must be consistent with laws Parliament has made governing the Court's practice and procedure; where Parliament has legislated on a matter, the Court's rule-making power operates subject to that legislation. This reflects a broader constitutional pattern in which the highest constitutional courts are given internal procedural autonomy, while Parliament retains an overriding legislative role.
Requirement of Presidential Approval
Rules made under Article 145 require the President's approval before they take effect. This requirement echoes a similar structure found elsewhere in the Constitution — for instance, in the rule-making power over conditions of service of Supreme Court officers and servants under Article 146, where rules relating to salaries, allowances, leave, or pensions likewise need presidential approval. The consistent design across these provisions reflects a deliberate check: procedural and administrative autonomy for the judiciary, balanced by executive concurrence on rules with potential financial or systemic implications.
Historical Roots of Court Rule-Making
The idea that the highest court of a jurisdiction should have power to frame its own procedural rules, including for admitting advocates to practise before it, predates the Constitution. Charters establishing colonial-era High Courts, such as the Fort William High Court in Bengal, similarly empowered those courts to make rules for the qualification and admission of advocates, vakeels, and attorneys. Article 145 continues this long-established practice of vesting a superior court with authority over its own bar and procedure, adapted to the post-Independence constitutional framework and made subject to Parliament and the President rather than a colonial charter.
Why This Power Matters
Court procedure — how cases are filed, listed, heard, and disposed of, and who is entitled to appear and argue — has a direct bearing on access to justice and the efficient administration of the judicial system. By giving the Supreme Court itself the primary role in shaping these rules, Article 145 recognises that the Court is best placed to determine the practical requirements of its own functioning, while the requirement of presidential approval and subordination to parliamentary law ensures this autonomy is not unchecked.
Article 145 in the Wider Supreme Court Framework
| Provision | Subject |
|---|---|
| Article 141 | Law declared by the Supreme Court binding on all courts |
| Article 142 | Enforcement of decrees and power to do complete justice |
| Article 143 | Advisory jurisdiction — Presidential reference |
| Article 145 | Rules of Court — practice, procedure, and persons practising before the Court |
| Article 146 | Officers, servants, and expenses of the Supreme Court |
Read together, these provisions in Chapter IV of Part V equip the Supreme Court not only with substantive jurisdiction to decide cases and declare law, but also with the administrative and procedural tools needed to function as an independent institution.
UPSC Relevance
Prelims
- Article 145 rules require the President's approval and operate subject to any law made by Parliament.
- Article 145 rules may regulate persons practising before the Supreme Court, i.e., who may appear as advocates.
Mains
- Discuss how Article 145 balances judicial procedural autonomy with parliamentary and executive oversight.
- Examine the significance of self-regulating rule-making powers (Articles 145 and 146) for the independence of the Supreme Court.
FAQ
Q. What does Article 145 of the Constitution provide? A. It empowers the Supreme Court, subject to any parliamentary law and with the President's approval, to make rules regulating the practice and procedure of the Court, including rules on persons practising before it.
Q. Is presidential approval required for all rules made under Article 145? A. Yes, rules made under Article 145 require the approval of the President before they take effect.
Q. Can Parliament override rules made by the Supreme Court under Article 145? A. The Court's rule-making power under Article 145 is expressly subject to any law made by Parliament, so parliamentary legislation takes precedence.
Q. Does Article 145 cover who can practise as an advocate before the Supreme Court? A. Yes, one of the matters Article 145(1)(a) rules may cover is the regulation of persons practising before the Court.
Q. Is the requirement of presidential approval unique to Article 145? A. No. A similar requirement of presidential approval applies to certain rules on conditions of service of Supreme Court officers and servants under Article 146.
Quick Revision
- Article 145 — SC's power to make rules of practice and procedure.
- Rules require presidential approval.
- Rule-making power subject to any law made by Parliament.
- Covers regulation of persons practising before the Court.
- Complements Article 146 (officers, servants, expenses) in the Court's administrative autonomy.
Sources
- The Constitution of India, Article 145 — https://legislative.gov.in/constitution-of-india/
- The Constitution of India, Article 146 — https://legislative.gov.in/constitution-of-india/
Further Reference
For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:
- M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
- D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
- The Constitution of India — Bare Act — the official text.
Constitutional provisions
Supreme Court may, with presidential approval and subject to parliamentary law, make rules of Court, including on persons practising before it.
Rules on conditions of service of officers and servants of the Supreme Court; salary/allowance/pension rules also require presidential approval.