Article 145 of the Constitution of India empowers the Supreme Court to make rules for regulating generally the practice and procedure of the courts. Such rules regarding the practice and procedure have to be approved by the President of India. Accordingly, the Supreme Court has in its history of 72 years, enacted the Supreme Court Rules thrice, viz.
- Supreme Court Rules, 1950
- Supreme Court Rules, 1966
- Supreme Court Rules, 2013
The 2013 Rules are the latest Supreme Court Rules and are in force now. Under Order VI of the Supreme Court Rules, 2013 it has been laid down that all appeals or matters, shall be heard by a Bench of not less than two judges nominated by the Chief Justice of India.
It has also been provided that in any matter being heard by a bench of 2 judges (Division Bench), the Bench considers that the matter should be dealt with by a larger bench, then it shall refer the matter to the Chief Justice of India, who shall constitute such a Bench for hearing the matter.
Further, in any matter, where the punishment of death sentence has been confirmed or awarded by the High Court, the matter should be heard by a bench comprising of not lesser than 3 judges. In fact, in case a matter is being heard by a Division Bench and the Bench is of the opinion that the accused should be sentenced to death, then such Bench shall refer the matter to the Chief Justice who shall constitute a bench of not less than 3 judges.
Although in the Supreme Court, there are judges who can sit singly, however, the powers of a Single Judge, also referred to as a Judge sitting in Chamber is completely different. Such powers of the Chamber Judge are provided under Order V Rule 2 of the Supreme Court Rules, 2013. Usually, the Chamber Judge has the power to adjudicate upon several miscellaneous applications that may be filed along with the main matter.
