Q: Explain about Supreme Court Rules, 2013 ?

Ans: Ans: Article 145 of the Indian Constitution enables the Supreme Court to frame Rules regulating the practice and procedure of the Court, with the approval of the President. Therefore, Supreme Court Rules were framed in 1950, which were replaced by Supreme Court Rules, 1966. In 2014, Supreme Court notified that the Supreme Court Rules, 2013 would be replacing the 1996 Rules.

Article 145 provides Rules as to persons practicing before the Court, rules as to the procedure pertaining to hearing of appeals, rules as to the granting of bail, rules as to the procedure pertaining to enforcement of any of the rights conferred in Part III, etc. The Rules may also provide the minimum number of judges to sit for any purpose and also the powers of Single Judges and Division Courts. The Supreme Court has the power to lay down the Rules about the entitlement of person not only to act but also plead before it.

 The Supreme Court Rules, 2013 have introduced certain changes into the Rules according to which the Apex Court of the country functions.The maximum period for summer vacations has been decreased to seven weeks from 10 weeks.Under the new Rules, the Secretary General has the custody of records of the Court.Only in the absence of the Secretary General, the functions may be exercised by the Registrar nominated by the Chief Justice.Official seal of the Court is also brought under the custody of the Secretary General.Further, certain powers of the Registrars have been transferred to a Single Judge.

The New Rules of 2013 add a proviso to Order IV 1 (a) which reads as, "provided that an advocate whose name is entered on the roll of any State Bar Council maintained under the Advocates Act, 1961 (25 of 1961) for at least one year shall be entitled to mention matters in Court for the limited purpose of asking for time, date, adjournment and similar such orders, but shall not be entitled to address the Court for the purpose of any effective hearing.

The registration fee payable by an advocate to be registered as advocate-on-record has been increased from 25 to 250 rupees. The New Rules also provide for the instructions concerning representation by a person other than Advocate-On-Record for a party, are to be granted by an Advocate-On-Record or a permitted by the Court.Further, the New Rules enable the Secretary General to assign an advocate for matters filed by a party in person or where a party in person as Respondent, is not represented by an Advocate-on-Record. The Rules have also defined "misconduct or conduct unbecoming of an advocate-on-record".

The Rules have also defined "misconduct or conduct unbecoming of an advocate-on-record". It shall include- My name lending by an Advocate-On-Record without any further participation in the proceedings of the case; Absence of the Advocate-On-Record from the Court without any justifiable cause when the case is taken up for hearing; and Failure to submit appearance slip duly signed by the Advocate-On-Record of actual appearances in the Court. The New Rules clarify the stand of the Court pertaining to minor on various aspects. The fee to the Amicus Curiae has been increased to 6,000/- up to admission stage and 10,000/- on final disposal stage or hearing on regular side after admission/grant of leave, or as directed by the Court/Chief Justice. Further, the New Rules provide that Curative Petitions shall be governed by the judgment of the Court in Rupa Ashok Hurra v. Ashok Hurra.

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