Supreme Court Procedure
Hearing of Cases in the Supreme Court: Constitution and Jurisdiction of Benches
Governing legal framework
The Supreme Court's practice and procedure are governed principally by the Constitution of India, the Supreme Court Rules, 2013 as amended from time to time, the Handbook on Practice and Procedure and Office Procedure, and directions issued by the Chief Justice of India and the Registry.
The official Supreme Court Rules, including amendment notifications, are available at Supreme Court of India - Supreme Court Rules. The Court also publishes its official Handbook and current cause lists.
1. Judge in Chambers and Single Judge matters
Order V of the Supreme Court Rules, 2013 assigns specified procedural and interlocutory matters to a Judge in Chambers. These are not ordinary final merits appeals. The category includes many applications concerning parties, pleadings, time, court fee, substitution, inspection, withdrawal, Advocate-on-Record matters and other procedural questions.
Important Chamber matters
- Withdrawal, change or discharge of an Advocate-on-Record.
- Adding, striking out or intervening parties.
- Amendment of pleadings and applications for particulars.
- Enlargement or abridgement of time in matters assigned by the Rules.
- Applications concerning commissions, security, taxation and costs.
- Registration of advocates as Advocates-on-Record.
- Applications to proceed as an indigent person.
- Specified bail, stay, substitution, abatement, court-fee, surrender and withdrawal applications.
- Inspection, search, copies and return of documents by third parties where permitted.
- Consolidation of appeals and writ petitions for hearing and preparation of record.
A Judge in Chambers may adjourn a matter and direct that it be placed before the Court. The Supreme Court's current published cause-list system separately identifies Chamber and Single Judge lists.
2. Vacation or partial Court working day jurisdiction
The Chief Justice may constitute Benches for urgent matters during periods when regular Court functioning is reduced. The Supreme Court now uses the expression "partial Court working days" in its current notices for such periods.
Urgent matters may include applications for interim relief, urgent special leave petitions, stays in civil or criminal proceedings, urgent Article 32 matters and transfer matters, subject to the Rules and specific directions governing the relevant sitting.
3. Division Bench
Subject to the Rules and any special provision, causes, appeals and matters are ordinarily heard by a Bench consisting of not less than two Judges nominated by the Chief Justice of India.
Two-Judge Benches therefore form the ordinary working unit for a large number of Supreme Court matters, subject to special statutory, constitutional or procedural requirements.
4. Three-Judge Bench for death-sentence cases
A cause, appeal or proceeding arising from a case in which the High Court has confirmed or awarded a death sentence is required to be heard by a Bench of not less than three Judges.
The Supreme Court has also held that review petitions in death-penalty cases require an oral hearing in open court, departing from the ordinary circulation procedure applicable to review petitions.
5. Constitution Bench
Article 145(3) of the Constitution requires a minimum Bench of five Judges for a case involving a substantial question of law as to the interpretation of the Constitution or for hearing a reference under Article 143.
A five-Judge Bench is commonly described as a Constitution Bench. The Chief Justice may also constitute a Bench of five or more Judges for other matters where the nature of the case, a conflict of authority or institutional requirements justify a larger Bench.
Article 145(3): substantial constitutional question
Where a smaller Bench hearing a matter considers that determination of a substantial question of constitutional interpretation is necessary for disposal of the case, the constitutional question may be referred to a Bench of at least five Judges in accordance with Article 145(3).
6. Presidential and Vice-Presidential election petitions
Election disputes concerning the President or Vice-President under Article 71, read with the Presidential and Vice-Presidential Elections Act, 1952 and the relevant Supreme Court Rules, are dealt with by the Bench required under the applicable procedural provisions.
7. Reference to a larger Bench
A Bench may consider that a matter should be heard by a larger Bench, including where an important legal issue, a conflict in precedent or a substantial constitutional question requires reconsideration by a larger coram.
Where such a reference is required, the matter is placed before the Chief Justice of India for constitution of the appropriate Bench. After the larger Bench answers the referred question, the case may be returned for final disposal in accordance with that opinion where necessary.
8. Review petition
Article 137 of the Constitution empowers the Supreme Court to review its judgments and orders, subject to the Supreme Court Rules. Review petitions are governed by the relevant Review provisions of the Supreme Court Rules, 2013.
As far as practicable, a review petition is placed before the same Judge or Bench that delivered the judgment or order sought to be reviewed. If a Judge is unavailable by reason of retirement or otherwise, the Chief Justice may direct constitution of an appropriate Bench.
Ordinarily, review petitions are considered by circulation without oral arguments. An important exception applies to death-penalty review petitions, for which the Supreme Court has recognised a right to an oral hearing in open court.
Read more: Review Petition under Article 137.
9. Curative petition
Curative petitions are governed by Order XLVIII of the Supreme Court Rules, 2013 and the principles laid down in Rupa Ashok Hurra v. Ashok Hurra. A curative petition is an exceptional post-review remedy and is not a second review on merits.
It is first circulated to the three senior-most Judges and, if available, the Judges who delivered the judgment or order complained of. Unless otherwise ordered, the petition is considered by circulation without oral arguments. If the prescribed Bench concludes by majority that a hearing is required, it may be listed for hearing.
Read more: Curative Petition in the Supreme Court.
10. Part-heard cases
A part-heard case is ordinarily listed before the same Bench that has already heard it. Where continuation before that Bench is not possible because of retirement, non-availability or release from part-heard status, listing is governed by the roster and directions of the Chief Justice.
11. Civil contempt petitions
The Supreme Court is a court of record under Article 129 and has power to punish for contempt of itself. Article 142(2) further recognises powers concerning attendance, production of documents and investigation or punishment of contempt.
A civil contempt petition complaining of wilful disobedience or non-compliance with a Supreme Court judgment, order or undertaking is ordinarily listed in accordance with the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 and applicable listing practice, generally before the Bench connected with the order alleged to have been disobeyed.
12. Criminal contempt petitions
Criminal contempt proceedings are governed by Articles 129 and 142(2), the Contempt of Courts Act, 1971 where applicable, and the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975. Listing depends on whether the alleged contempt occurred in the face or presence of the Court and on directions of the Chief Justice.
13. Power of the Chief Justice of India over roster and Bench constitution
Bench constitution and allocation of judicial work are controlled by the roster and directions of the Chief Justice of India. Subject to the Constitution, statutes and Rules, the Chief Justice may constitute special or larger Benches and direct particular classes of cases to particular Benches.
Quick reference: Bench strength and common functions
| Judge in Chambers / Single Judge | Specified procedural, interlocutory and urgent matters assigned by the Rules or by directions of the Chief Justice. |
|---|---|
| Two-Judge Bench | Ordinary causes, appeals and matters unless a larger Bench is required. |
| Three-Judge Bench | Death-sentence matters and other cases allocated to a three-Judge Bench. |
| Five or more Judges | Substantial constitutional questions under Article 145(3), Article 143 references and other larger-Bench matters. |
| Review Bench | As far as practicable, the same Judges who delivered the judgment or order, subject to availability and directions of the Chief Justice. |
| Curative Bench | Initially circulated to the three senior-most Judges and the Judges who delivered the impugned judgment or order, if available. |
Official Supreme Court resources
Supreme Court Rules, 2013 and amendments
Supreme Court Handbook on Practice and Procedure
This article provides a general procedural overview. Actual listing and Bench constitution depend on the current roster, Supreme Court Rules and amendments, Registry directions, listing notices and orders of the Chief Justice of India.