PART V THE UNION CHAPTER IV.- THE UNION JUDICIARY
145. Rules of Court, etc (1) Subject to the provisions of 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 including-
(a) rules as to the persons practising before the Court;
(b) rules as to the procedure for hearing appeals and other mattters
pertaining to appeals including the time within which appeals to the
Court are to be entered;
(c) rules as to the proceedings in the Court for the enforcement of
any of the rights conferred by Part III;
_107[(cc) rules as to the proceedings in the Court under _108[article
139A];]
(d) rules as to the entertainment of appeals under sub-clause (c) of
clause (1) of article 134;
(e) rules as to the conditions subject to which any judgment
pronounced or order made by the Court may be reviewed and the
procedure for such review including the time within which applications
to the Court for such review are to be entered;
(f) rules as to the costs of and incidental to any proceedings in the
Court and as to the fees to be charged in respect of proceedings
therein;
(g) rules as to the granting of bail;
(h) rules as to stay of proceedings;
(i) rules providing for the summary determination of any appeal which
appears to the Court to be frivolous or vexatious or brought for the
purpose of delay;
(j) rules as to the procedure for inquiries referred to in clause (1)
of article 317.
(2) Subject to the _109[provisions of _110*** clause (3)], rules made
under this article may fix the minimum number of Judges who are to sit
for any purpose, and may provide for the powers of single Judges and
Division Courts.
(3) _111[The minimum number_110***] of Judges who are to sit for the
purpose of deciding any case involving a substantial question of law
as to the interpretation of this Constitution or for the purpose of
hearing any reference under article 143 shall be five:
Provided that, where the Court hearing an appeal under any of the
provisions of this Chapter other than article 132 consists of less
than five Judges and in the course of the hearing of the appeal the
Court is satisfied that the appeal involves a substantial question of
law as to the interpretation of this Constitution the determination of
which is necessary for the disposal of the appeal, such Court shall
refer the question for opinion to a Court constituted as required by
this clause for the purpose of deciding any case involving such a
question and shall on receipt of the opinion dispose of the appeal in
conformity with such opinion.
(4) No judgment shall be delivered by the Supreme Court save in open
Court, and no report shall be made under article 143 save in
accordance with an opinion also delivered in open Court.
(5) No judgment and no such opinion shall be delivered by the Supreme
Court save with the concurrence of a majority of the Judges present at
the hearing of the case, but nothing in this clause shall be deemed to
prevent a Judge who does not concur from delivering a dissenting
judgment or opinion.
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