Page:Constitution of India (9 Sep 2020).pdf/64

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
(2) The President may, notwithstanding anything in [1]*** the proviso to article 131, refer a dispute of the kind mentioned in the [2][said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

144. Civil and judicial authorities to act in aid of the Supreme Court.—All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

[3][144A. Special provisions as to disposal of questions relating to constitutional validity of laws.] — Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).

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 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;
[4][(cc) rules as to the proceedings in the Court under [5][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 [6][provisions of [7]*** 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) [8][[4]***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

——————

  1. The words, brackets and figure “clause (i) of” omitted by the Constitution (Seventh Amendment) Act, 1956 (w.e.f. 1-11-1956).
  2. Subs. by ibid., for “said clause”.
  3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 25 (w.e.f. 3-1-1977).
  4. 4.0 4.1 Ins by the Constitution (Forty-second Amendment) Act, 1976, s. 26 (w.e.f. 1-2-1977).
  5. Subs.by the Constitution (Forty-third Amendment) Act, 1977, s. 6, for “articles 131A and 139A” (w.e.f. 13-4-1978).
  6. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for the words “provisions of clause (3)” (w.e.f. 1-2-1977).
  7. Certain words omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 6 (w.e.f. 13-4-1978).
  8. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 26, for “The minimum number” (w.e.f. 1-2-1977).

64