Article 145

Rules of Court and Constitution Bench Quorum

Official heading: “Rules of Court, etc”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 145, printed pages 65–67
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 145 authorizes the Supreme Court, with the approval of the President, to make rules regulating its own practice and procedure, and mandates a minimum bench of five Judges for substantial constitutional interpretation.

2. What It Means in Everyday Language

Article 145 governs the internal administration, procedural rule-making, and judicial bench structures of the Supreme Court of India.

Clause (1) empowers the Supreme Court, with the approval of the President and subject to any parliamentary statute, to make rules for regulating generally the practice and procedure of the Court (such as filing timelines, court fees, stay orders, advocate qualifications, and review petitions).

Clause (2) allows rules to fix the minimum number of Judges who are to sit for any purpose, and provide for the powers of single Judges and Division Benches.

Clause (3) is the crucial 'Constitution Bench' rule: the minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of the Constitution, or for hearing a Presidential Reference under Article 143, SHALL BE FIVE.

Clauses (4) and (5) require transparency: no judgment shall be delivered by the Supreme Court save in open court, and all judgments must be delivered with the concurrence of a majority of the Judges present, while preserving the right of any dissenting judge to deliver a separate dissenting judgment.

3. Practical Illustrative Example

Everyday Scenario:

A 2-judge bench of the Supreme Court hearing an appeal realizes that deciding the matter requires settling a major unresolved conflict between Article 14 and Article 19.

Core takeaway: Under Article 145(3), the 2-judge bench must refer the constitutional question to the Chief Justice to constitute a Constitution Bench of at least five Judges.

Illustrative Notice: Ordinary statutory civil and criminal appeals are regularly heard by Division Benches of two or three judges as permitted by Court Rules.

4. Important Limits, Qualifications & Exceptions

Article 145 regulates apex court procedure and guarantees deep judicial deliberation on constitutional matters.

Rule-making power with presidential approval.
Mandatory five-judge minimum for constitutional interpretation and Article 143 references.
Open court requirement: Judgments and opinions must be pronounced publicly.
Majority decision rule with the constitutional right to deliver dissenting opinions.

5. Operative Constitutional Text

(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 matters 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; (cc) rules as to the proceedings in the Court under 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 provisions of 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) The minimum number 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 145, printed pages 65–67 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource