Hearing of cases in Supreme Court, Constitution and Jurisdiction of Benches

Constitution of Benches and hearing of cases on Supreme Court is as under:

1. Single Judge Bench of Supreme Court

I. Under Order V Rule (2) of the Supreme Court Rules 2013, the powers of the Court in relation to the following matters may be exercised by a Single Judge sitting in Chambers, namely:

Application by advocate-on-record for leave to withdraw or for change or discharge of advocate-on-record.
Application for leave to compromise or discontinue an appeal where permission was granted to sue as an indigent person.
Application for striking out or adding party or for intervention in a suit, appeal or other proceeding.
Application for separate trials of causes of action.
Application for separate trials to avoid embarrassment.
Rejection of plaint.
Application for setting down for judgment in default of written statement.
Application for better statement of claim or defence.
Application for particulars.
Application for striking out any matter in a pleading.
Application for amendment of pleading and for enlargement of time to amend any pleading.
Application to tax bills returned by the Taxing Officer.
Application for review of taxation.
Application for enlargement or abridgement of time, except application for condonation of delay in filing Special Leave Petitions.
Application for issue of commissions.
Application for assignment of security Bonds.
Questions arising in taxation referred by the Taxing Officer.
Application for orders against clients for payment of costs.
Application for taxation and delivery of bill of costs and for delivery by an advocate of documents and papers.
Application for registration of advocates as advocates on record.
Application for leave to proceed as an indigent person.
Application for grant of bail where the petitioner is confined in jail for offence punishable with imprisonment upto seven years.

Application for stay of execution of a sentence or order in criminal proceedings.
Application by accused persons in custody for being produced before the Court at the hearing of the appeal.
Consent application in interlocutory matters.
Application by accused persons for engagement of advocate under rule 16 of Order XX.
Fixing the remuneration of a guardian ad litem.
Summons for non-prosecution, which includes the power of dismissal for non-prosecution.
Office Report on default.
Application for exemption from paying court fee or extension of time for paying court fee or for furnishing undertaking, bank guarantee or security.
Application for substitution, application for condonation of delay in seeking substitution and application involving setting aside abatement.
Application for condonation of delay in re-filing where the delay exceeds 60 days from the date of notifying the defects.
Application for refund of security.
Application for withdrawal of any appeal, petition or suit with the consent of all the appearing parties or where the other side has not appeared.
Application for exemption from surrendering, provided that not more than one opportunity be granted for surrendering. In case of refusal and/or if accused do(es) not surrender, the matter be placed before the Hon'ble Judge in Chambers for non-prosecution.
Issue of fresh summons and notices.
Application of a person who is not a party to the case, appeal or matter, for inspection or search or grant of copies for good cause shown.
Application by third parties for return of documents.
Application to appoint or discharge a next friend or guardian of a minor or a person of unsound mind and direct amendment of the record thereon.
Application for consolidation of appeals and writ petitions for purposes of hearing, and preparation of record.
Application for amendment of pleadings with the consent of all the appearing parties, or where the other side has not appeared.

Note :
(i) "Office Report on Default" includes cases under Order III Rule 8(vii) proviso of the Rules.

(ii) An appeal shall lie to the Judge in Chambers against the order of the Registrar under Order V Rule 1 and Order VIII Rule 6(3) and (4) of the Rules within fifteen days from the date of such order.

(iii) The Judge in Chambers may at any time adjourn any matter and lay the same before the Court.

2. In exercise of powers conferred by Order II Rule 6 of the Rules, the Chief Justice may direct matters of urgent nature to be heard by a Judge sitting singly during summer vacation or winter holidays.

3. Under Order VI Rule 6 of the Supreme Court Rules 2013, the Vacation Judge sitting singly may, in addition to exercising all the powers of a Judge in Chambers under the Rules, exercise the powers of the Court in relation to the following matters, namely:

(i) Applications for special leave to appeal in urgent cases where interim relief is prayed for subject to the condition that the Vacation Judge shall not decide such a petition if it raises substantial question of law as to the interpretation of the Constitution.

(ii) Applications for stay of execution of a decree or order or stay of proceedings in civil matters.

(iii) Applications for transfer of cases under Section 406 of the Code of Criminal Procedure, 1973 (2 of 1974).

(iv) Applications for stay of proceedings in criminal matters.

(v) Applications under Article 32 of the Constitution of an urgent nature which do not involve a substantial question of law as to the interpretation of the Constitution.

(vi) Issue of a rule nisi in urgent applications under Article 32 of the Constitution which involve a substantial question of law as to the interpretation of the Constitution.

(vii) Applications of an urgent nature for transfer of cases under Section 25 of the Code of Civil Procedure, 1908 (5 of 1908).

(viii) Issue of notice in applications of an urgent nature under Article 139A(1) of the Constitution; and

(ix) Applications of an urgent nature for transfer of cases under Article 139A(2) of the Constitution.

2. Division Bench of Supreme Court

(i) Under Order VI Rule 1 of the Supreme Court Rules 2013, subject to other provisions of the Rules, every cause, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice.

(ii) Every cause, appeal or other proceedings arising out of a case in which death sentence has been confirmed or awarded by the High Court shall be heard by a Bench consisting of not less than three Judges.

(iii) In exercise of powers conferred by Order II Rule 6 of the Supreme Court Rules 2013, the Chief Justice may direct matters of urgent nature to be heard by a Division Court during the vacation.

3. Constitution Bench in Supreme Court

(i) Every case involving a substantial question of law as to the interpretation of the Constitution under Article 145(3) or any Reference made under Article 143 of the Constitution shall be heard by a Bench consisting of not less than five Judges.

(ii) Every petition calling in question the election of the President and Vice-President under Article 71 of the Constitution read with Part III of the Presidential and Vice-Presidential Elections Act, 1952, shall be posted before a Bench of five Judges under Order XLVI of the Supreme Court Rules 2013.

(iii) The Chief Justice may, from time to time, constitute a Bench consisting of five or more Judges for the purpose of hearing any other cause, appeal or matter.

4. Reference to Larger Bench in Supreme Court

(i) A Division Bench of two or more Judges may refer any cause, appeal or other proceeding, pending before it, to a larger Bench of not less than five Judges involving a substantial question of law as to the interpretation of the Constitution, as per proviso to Article 145(3) of the Constitution.

(ii) Where, in the course of hearing of any cause, appeal or other proceeding, the Division Bench considers that the case should be dealt with by a larger Bench, it shall refer the case to the Chief Justice, who shall thereupon constitute such a Bench for hearing it.

(iii) If a Bench of less than three Judges, hearing a cause, appeal or matter, is of the opinion that the accused should be sentenced to death, it shall refer the case to the Chief Justice, who shall thereupon constitute a Bench of not less than three Judges for hearing it.

(iv) After the Reference is answered by a larger Bench, wherever required, the case shall be placed before the Chief Justice for listing before an appropriate Bench for hearing and decision in accordance with the opinion of the larger Bench.

5. Review Petition

(i)(a) An application for review under Order XLVII of the Supreme Court Rules 2013 read with Article 137 of the Constitution and shall, as far as practicable, be circulated to the same Judge or Bench of Judges that delivered the judgment or order sought to be reviewed:

Provided that in case of non-availability of a Judge or Judges of the Bench, by reason of retirement or otherwise, an application for review shall be heard by a Judge or Bench of Judges, as may be ordered by the Chief Justice.

(b) Unless otherwise ordered by the Court, an application for review shall be disposed of by circulation without any oral arguments.

In the case of Mohd. Arif @ Ashfaq vs. The Registrar, Supreme Court of India & Others in 2014 9 SCC 737, the Supreme Court held that :-

"........in review petitions arising out of those cases where the death penalty is awarded, it would be necessary to accord oral hearing in the open court......"

(c) Where an application for review of any judgment and order has been made and disposed of, no further application for review shall be entertained in the same matter.

(ii)(a) An application seeking a review, clarification or modification of an award, passed by a Bench of Lok Adalat, shall be placed before the same Bench at any subsequent Lok Adalat for consideration.

(b) Where any of the members comprising such Bench is/are not available, the application shall be placed before the Chief Justice for constitution of a Bench of Lok Adalat for consideration.

(c) In case settlement, by consent, is not arrived at on the application for review, clarification or modification before the Lok Adalat, the same shall be placed, as per roster, before the Division Bench or as ordered by the Chief Justice.

6. Curative Petition

A curative petition under Order XLVIII of the Rules shall be first circulated to, and heard by, a Bench of the three senior-most Judges and the Judges, who passed the judgment or order complained of, if available.

Unless otherwise ordered by the Court, a curative petition shall be disposed of by circulation, without any oral arguments.

If the Bench before which the petition was circulated concludes, by a majority, that the matter needs hearing, then it shall be listed before the same Bench, as far as possible.

7. General

(1)Part-heard case

A part-heard case shall be listed before the same Bench in seisin of the case:

Provided that if the case could not be disposed of on account of the retirement or non-availability of a Judge or released from part heard, it shall be listed for hearing before a Bench, subject to any directions of the Chief Justice or as per roster.

(2)Contempt Petition (Civil)

A contempt petition under Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Articles 129 and 142(2) of the Constitution complaining disobedience or non-compliance of a judgment/order passed by the Court or wilful breach of an undertaking given to a Court shall be listed before the Bench which passed the judgment/order alleged to have been disobeyed and not complied with.

(3)Contempt Petition (Criminal)

A contempt petition under Rules (2) and (3) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, read with Articles 129 and 142(2) of the Constitution shall be listed before the Bench where contempt was committed in view or presence or hearing of the Court or as per the directions of the Chief Justice.

Notwithstanding anything contained in this Chapter, the Chief Justice may, by a special or general order, direct a particular class or classes of cases to be listed before a particular Bench.