Order VI: Constitution of Division Courts and Powers of a Single Judge
Order VI of the Supreme Court Rules, 2013 governs the constitution of Benches, references to larger Benches, hearings involving the death penalty, the appointment of Judges in Chambers and the urgent jurisdiction of a Vacation Judge. The Rules are framed under Article 145 of the Constitution of India, subject to the constitutional requirements governing Bench strength.
Under Article 145(3), a case involving a substantial question of law as to the interpretation of the Constitution, or a reference under Article 143, ordinarily requires a Bench of at least five Judges. The Chief Justice of India exercises administrative authority over constitution and allocation of Benches, subject to applicable law and judicial directions.
Order VI: Rule-by-rule provisions
Rule 1: Ordinary Bench strength
1. Subject to the other provisions of these rules every cause, appeal or matter shall be heard by a Bench consisting of not less than two Judges nominated by the Chief Justice.
Rule 2: Reference to a larger Bench
2. Where in the course of the hearing of any cause, appeal or other proceeding, the Bench considers that the matter should be dealt with by a larger Bench, it shall refer the matter to the Chief Justice, who shall thereupon constitute such a Bench for the hearing of it.
Rule 3: Cases involving a confirmed or awarded death sentence
3. 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.
Rule 4: Reference when death sentence is contemplated
4. 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 matter to the Chief Justice who shall thereupon constitute a Bench of not less than three Judges for hearing it.
Rule 5: Judge in Chambers
5. The Chief Justice may from time to time appoint a Judge to hear and dispose of all applications which may be heard by a Judge in Chambers under these rules.
Rule 6: Powers of the Vacation Judge
6. During the vacation, the Vacation Judge sitting singly may, in addition to exercising all the powers of a Judge in Chambers under these rules, exercise the powers of the Court in relation to the following matters, namely: -
- 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.
- Applications for stay of execution of a decree or order or stay of proceedings in civil matters,
- Applications for transfer of cases under section 406 of the Code of Criminal Procedure, 1973 (2 of 1974)
- Applications for stay of proceedings in criminal matters.
- 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.
- 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.
- Applications of an urgent nature for transfer of cases under section 25 of the Code of Civil Procedure, 1908 (5 of 1908).
- Issue of notice in applications of an urgent nature under Article 139A(1) of the Constitution;
- Applications of an urgent nature for transfer of cases under Article 139A(2) of the Constitution.
Meaning and legal effect
Division Court: A Bench of two or more Judges constituted to hear matters assigned to it. The ordinary minimum under Rule 1 is two Judges, subject to exceptions prescribed by the Constitution, the Rules and applicable orders.
Larger Bench: A Bench with more Judges than the referring Bench. Under Rule 2, the matter is referred to the Chief Justice for constitution of the appropriate Bench; a party cannot choose the composition of the Bench.
Judge in Chambers: A Judge authorised to hear specified applications under the Supreme Court Rules, distinct from the ordinary Bench hearing a matter on its merits.
Vacation Judge: A Judge sitting during court vacation who may exercise Chambers powers and the urgent powers enumerated in Rule 6, subject to the stated restrictions.
Article 32: The constitutional remedy to approach the Supreme Court for enforcement of fundamental rights. Article 139A: Constitutional powers to withdraw or transfer certain cases. Section 25 of the Code of Civil Procedure, 1908: Transfer of civil proceedings between courts in different States in prescribed circumstances. Section 406 of the Code of Criminal Procedure, 1973: Transfer of criminal cases and appeals; the current criminal procedural framework also requires attention to the Bharatiya Nagarik Suraksha Sanhita, 2023 and its repeal, savings and transitional provisions when determining the governing provision for a particular case.
The original reference to Section 406 CrPC in Rule 6 is retained as in the supplied text. The current applicability of criminal procedure provisions must be assessed with reference to the date and nature of the proceeding.
Official sources
Supreme Court Rules, 2013 and amendment notifications | Supreme Court jurisdiction | Constitution and judiciary | India Code - Central legislation