Introduction

Article 145 of the Indian Constitution provides the framework for the rules of procedure in the courts of India. It empowers the Supreme Court and the High Courts to make rules for regulating the practice and procedure of these courts. This article plays a crucial role in ensuring the smooth functioning and effective administration of justice in the country.

Understanding Article 145

Article 145 is a part of Part V of the Indian Constitution, which deals with the Union Judiciary. It grants the Supreme Court the authority to make rules for regulating the practice and procedure of the court. Similarly, it empowers the High Courts to make rules for regulating the practice and procedure of the court or courts subordinate to them.

The rules framed under Article 145 are binding on all courts within the respective jurisdictions. These rules help in maintaining uniformity and consistency in the administration of justice across the country.

Power of the Supreme Court

The Supreme Court, as the apex court of the country, has been vested with the power to make rules for regulating its own procedure. These rules cover various aspects, including the filing of cases, the conduct of hearings, the presentation of arguments, and the delivery of judgments.

The rules framed by the Supreme Court are aimed at ensuring fairness, efficiency, and expeditious disposal of cases. They also provide guidelines for the functioning of the court and the behavior expected from the judges, lawyers, and litigants.

The Supreme Court Rules, 2013, is a comprehensive set of rules framed under Article 145. These rules have been formulated to streamline the functioning of the court and provide a clear framework for the administration of justice.

Power of the High Courts

Similar to the Supreme Court, the High Courts in India have been given the power to make rules for regulating the practice and procedure of the court or courts subordinate to them. Each High Court has its own set of rules, known as the High Court Rules, which govern the functioning of the court within its jurisdiction.

The High Court Rules cover various aspects, including the filing of cases, the conduct of hearings, the appointment of court officers, and the management of court records. These rules are formulated to ensure the efficient and effective administration of justice at the state level.

While the High Court Rules may differ from one state to another, they are generally based on the principles of fairness, equity, and expeditious disposal of cases. They provide a framework for the functioning of the court and help in maintaining consistency and uniformity in the administration of justice within the respective states.

Importance of Article 145

Article 145 of the Indian Constitution is of immense importance as it establishes the authority of the Supreme Court and the High Courts to make rules for regulating the practice and procedure of the courts. This provision ensures that the courts have the necessary tools and guidelines to effectively administer justice.

The rules framed under Article 145 help in maintaining discipline and order in the court proceedings. They provide a structured framework for the conduct of cases, ensuring that all parties are treated fairly and that justice is delivered in a timely manner.

Furthermore, these rules contribute to the efficiency of the judicial system by streamlining the processes involved in the administration of justice. They help in reducing delays and backlogs, thereby ensuring that cases are disposed of expeditiously.

Additionally, the rules framed under Article 145 ensure uniformity in the administration of justice. By providing a common set of guidelines, they prevent discrepancies and ensure that similar cases are treated in a consistent manner across all courts.

Conclusion

Article 145 of the Indian Constitution plays a crucial role in establishing the rules of procedure for the courts in India. It empowers the Supreme Court and the High Courts to make rules for regulating the practice and procedure of these courts. These rules contribute to the fair, efficient, and expeditious administration of justice in the country. By providing a structured framework and ensuring uniformity, Article 145 helps in maintaining discipline and order in the court proceedings, ultimately upholding the principles of justice and the rule of law.