Gazette Notification dated 05.11.2024 regarding Supreme Court

The Gazette of India, Extraordinary, Part II—Section 3—Sub-section (i), published a notification on 5th November 2024, introducing the Supreme Court (Second Amendment) Rules, 2024. These rules, enacted under Article 145 of the Constitution of India and with the President's approval, further amend the Supreme Court Rules, 2013. The amendments focus on procedural clarifications, court working days, and the handling of urgent matters, ensuring smoother judicial administration.

Key Amendments

1. Computation of Time Periods (Order I, Rule 4):
   The amendment clarifies the method for calculating prescribed time periods. The day from which the period begins is excluded, and if the last day falls on a day when the Court is closed (including partial working days), that day and subsequent non-working days are also excluded. This ensures fairness in procedural timelines.

2. Court Sittings and Working Days (Order II):
   Heading Change: The heading of Order II is revised to "OFFICES OF THE COURT: SITTINGS ETC." to better reflect its content.
   Partial Working Days and Holidays (Rule 3): The Chief Justice may direct the opening of Court offices during partial working days and holidays, ensuring flexibility.
   Court Terms and Holidays (Rule 4): The Court will sit in two annual terms: the first from the end of partial working days to the Christmas and New Year holidays, and the second from the end of these holidays to the commencement of partial working days. The total holidays, excluding Sundays, must not exceed 95 days.
   Urgent Matters (Rule 6): The Chief Justice may appoint Judges to hear urgent matters, including admissions and regular matters, during partial working days or holidays.

3. Handling of Urgent Cases (Order VI, Rule 6):
   The term "Vacation Judge" is replaced with "Judge" during partial working days. A Judge may hear urgent special leave petitions for interim relief, except those raising substantial constitutional questions.

4. Petitions Under Article 32 (Order XXXVIII, Rule 1):
   Petitions under Article 32 of the Constitution must generally be heard by a Division Bench of at least five Judges. However, if no substantial constitutional question is raised, a smaller Bench or a single Judge during partial working days may adjudicate.
   Interlocutory and miscellaneous applications connected to Article 32 petitions may also be heard by a smaller Bench or a single Judge, even if the petition involves a constitutional question.

Implementation and Legal Context

The amendments, designated as G.S.R. 688(E), came into force upon their publication in the Official Gazette. The notification references the principal rules (G.S.R. 368(E), dated 29th May 2014) and prior amendments (G.S.R. 670(E), dated 18th September 2019, and G.S.R. 457(E), dated 29th July 2024), ensuring legislative continuity. The Registrar, Mahesh T. Patankar, authenticated the notification, confirming its official status.

The Supreme Court (Second Amendment) Rules, 2024, introduce critical refinements to the judicial process, addressing time computation, court operations, and urgent matter adjudication. By incorporating flexibility and clarity, these amendments aim to optimize the Court's functioning while upholding procedural fairness. Legal practitioners and litigants must familiarize themselves with these changes to navigate the judicial system effectively.