Home The Constitution Part V Article 145

Art. 145 Part V: The Union

Rules of Court, etc.

Exact text — Constitution of India

(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... (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...

In Plain English

What this Article actually means

This Article lets the Supreme Court (with Presidential approval) set its own detailed procedural rules, while specifically mandating that any case involving a substantial CONSTITUTIONAL interpretation question, or a Presidential reference under Article 143, must be heard by a bench of at least 5 judges (a 'Constitution Bench') — reflecting the extra weight and collective deliberation such significant questions warrant.

Why This Matters To You

How it shows up in everyday life

This is why you'll hear about a 'Constitution Bench' handling India's most significant legal questions (like the Kesavananda Bharati case's famous 13-judge bench, or the Puttaswamy privacy case's 9-judge bench) — this Article's minimum 5-judge requirement for genuine constitutional questions, sometimes expanded further for particularly momentous cases.

Read alongside this one

Art. 143 — Power of President to Consult Supreme Court

Frequently Asked

Quick answers about Article 145

Is every Supreme Court case heard by 5 or more judges?

No — most routine cases are heard by smaller benches (often just 2 judges); the 5-judge minimum specifically applies to cases involving substantial constitutional interpretation questions or Article 143 references, not ordinary appeals.

← PreviousArticle 144A: (Repealed) Special Provisions as to Disposal of Questions Relating to Constitutional Validity of Laws Next →Article 146: Officers and Servants and the Expenses of the Supreme Court

The text above reproduces Article 145 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.