Question

Which of the following is true of rules framed by the Supreme Court with reference to appeals to it?

• A. They are a special law within Section 4 of the code of civil procedure
• B. They must take precedence over Section. 114 or Order. 47
• C. Both (A) and (B)
• D. None of these

Hint:

Remember the legal maxim "generalia specialibus non derogant" which means general things do not derogate from special things. A special law (like the Supreme Court Rules for its own procedure) will prevail over a general law (like the CPC).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question is about the nature and legal status of the rules framed by the Supreme Court of India to regulate its own procedure, particularly in relation to appeals.

Step 2: Key Legal Provision:
- Article 145 of the Constitution of India: Empowers the Supreme Court to make rules for regulating its practice and procedure.
- Section 4 of the Code of Civil Procedure (CPC): Saves special or local laws, or any special jurisdiction or power, from being affected by the CPC.
- Section 114 and Order 47 of CPC: Deal with the power of Review.

Step 3: Detailed Explanation:
Let's analyze the options:
(A) The Supreme Court Rules are framed under a constitutional power (Article 145) for a specific purpose—regulating the procedure of the Supreme Court. The CPC is a general law of procedure for civil courts. A law that governs a specific subject matter is considered a "special law." Therefore, the Supreme Court Rules are a special law, and as per Section 4 of the CPC, they would not be limited by the CPC's general provisions. This statement is correct.
(B) Section 114 and Order 47 of the CPC deal with the power of Review in civil courts. The Supreme Court's power of review is derived from Article 137 of the Constitution, and the procedure for it is governed by its own rules. As a special law governing the Supreme Court's procedure, these rules will take precedence over the general provisions of the CPC. This statement is also correct.
Since both statements (A) and (B) are true, the correct option is (C). The rules of the Supreme Court operate as a special law that prevails over the general procedural law of the CPC in matters before the Supreme Court.

Step 4: Final Answer:
Both statements (A) and (B) are true regarding the rules framed by the Supreme Court.