Article 145 of Constitution of India: Rules of the Supreme Court
Article 145 empowers the Supreme Court of India, subject to any law made by Parliament and with the approval of the President, to make rules regulating the Court's practice and procedure. It also contains important constitutional requirements concerning Constitution Benches, delivery of judgments in open court and majority opinions.
Updated: 19 September 2026
What does Article 145 mean?
Article 145 of the Constitution of India is titled "Rules of Court, etc." It gives the Supreme Court constitutional authority to frame rules for regulating its practice and procedure. This authority is subject to laws made by Parliament, and rules made under Article 145 require the approval of the President.
The provision is important because it supports the procedural framework through which matters are instituted, heard and decided in the Supreme Court, while clauses (2) to (5) deal with bench composition and the manner in which judgments and opinions are delivered.
Article 145(1): Power to make rules
Clause (1) authorises the Supreme Court, subject to parliamentary law and with the President's approval, to make rules regulating generally the practice and procedure of the Court. The Constitution specifically identifies the following subjects:
(a) Persons practising before the Supreme Court.
(b) Procedure for hearing appeals and other matters relating to appeals, including the time within which appeals are to be entered.
(c) Proceedings for enforcement of the fundamental rights conferred by Part III of the Constitution.
(cc) Proceedings in the Supreme Court under Article 139A, which concerns transfer of certain cases.
(d) Entertainment of appeals under Article 134(1)(c), relating to specified criminal appeals supported by a High Court certificate.
(e) Conditions and procedure for review of a Supreme Court judgment or order, including the time for making a review application. This should be read with Article 137, which confers the power of review.
(f) Costs incidental to proceedings and fees charged in respect of proceedings.
(g) Grant of bail.
(h) Stay of proceedings.
(i) Summary determination of an appeal that appears frivolous, vexatious or brought for the purpose of delay.
(j) Procedure for inquiries referred to in Article 317(1).
Article 145(2): Minimum number of Judges and powers of Benches
Subject to Article 145(3), rules made under Article 145 may fix the minimum number of Judges who are to sit for a particular purpose and may provide for the powers of single Judges and Division Courts. This provision enables procedural rules to regulate ordinary bench composition while preserving the constitutional minimum mandated by clause (3).
Article 145(3): Constitution Bench of at least five Judges
Article 145(3) requires a minimum of five Judges to decide a case involving a substantial question of law as to the interpretation of the Constitution or to hear a reference made under Article 143.
The proviso addresses an appeal, other than one under Article 132, being heard by fewer than five Judges. If that Bench concludes that a substantial constitutional question must be determined to dispose of the appeal, the question is to be referred for opinion to a Bench constituted in accordance with clause (3). The appeal is then disposed of in conformity with that opinion.
Article 145(4): Judgments and Article 143 opinions in open court
Clause (4) provides that a Supreme Court judgment is to be delivered in open court. It further provides that a report under Article 143 is to be made only in accordance with an opinion also delivered in open court.
Article 145(5): Majority opinion and dissent
Under clause (5), a judgment or an opinion of the kind referred to in Article 145 must have the concurrence of a majority of the Judges present at the hearing. The clause expressly preserves the right of a Judge who does not concur to deliver a dissenting judgment or opinion.
Supreme Court Rules, 2013 and subsequent amendments
The Supreme Court Rules, 2013 were framed under Article 145 and regulate practice and procedure before the Supreme Court. The official Supreme Court website currently provides the 2013 Rules together with later amendment notifications, including amendments notified in 2024 and 2025. Users dealing with an actual filing or procedural issue should therefore check the current Rules and applicable amendment notifications rather than relying on an older standalone copy.
Related constitutional provisions
Article 145 should be read with other provisions in Chapter IV of Part V dealing with the Supreme Court, particularly Articles 137, 139A, 143 and 144. The surrounding provisions address review jurisdiction, transfer of cases, presidential references and the duty of civil and judicial authorities to act in aid of the Supreme Court.
This page provides general legal information about Article 145 of the Constitution of India. For filing, limitation, court-fee or procedural requirements in a particular matter, consult the current Supreme Court Rules, applicable notifications and professional legal advice.