How is a Supreme Council Established?

For a regular Supreme Council to be established two conditions must be fulfilled. First, that regular and legitimate Scottish Rite Masons may be made only from regular and legitimate Master Masons. Secondly, regular and legitimate Supreme Councils may be formed only by direct or indirect authority derived from the Supreme Council 33° formed in 1801 by Colonel John Mitchell, presently known as the Supreme Council of the Southern Jurisdiction USA or “Mother Supreme Council of the World”. Although a duly established Supreme Council is sovereign and independent within its country of establishment, all Supreme Councils over the world fall under the authority of the Mother Supreme Council of the World.

The Grand Regulations of 1762 and Grand Constitutions of 1786 spell out the  Rules of Sovereigntyand Recognition of established Supreme Councils.

The Grand Constitutions recognise the autonomy of a Supreme Council constituted by the two first brethren in that country who are raised to the 33° and who then acquire the right to become the first two officers of that Supreme Council. Once a Very Puissant Sovereign Grand Commander and a Very Illustrious Lieutenant Grand Commander had been installed a regular Supreme Council is constituted subject to the rule that the Supreme Council governing a jurisdiction must exercise sovereign and exclusive government over the degrees of Scottish Rite Masonry in that jurisdiction. In other words, there can be only one Supreme Council exercising jurisdiction within the territory of a country.

The additional requirement in keeping with Article V section II of the Grand Constitutions, is that the Very Puissant Sovereign Grand Commander and the Lieutenant Grand Commander of the Order as well as one more 33° brother had to be present, to compose a Supreme Council capable of transacting the business of the Order.

The Grand Constitutions provide that a regular Supreme Council can issue a patent to an Inspector General in any country which does not already have a Supreme Council and that Inspector General can co-opt members and form the new Supreme Council save and except that there shall be one Supreme Councilonly in such country.

The issuance of a patent is therefore but one manner in which a branch of a regular Supreme Council is established. The presence of three brethren of the 33° degree can constitute a regular Supreme Council. According to Article II of the Grand Constitutions of 1786, the thirty-third degree confers on Masons, who are legally invested with the position, the titles, position, privileges and authority of Sovereign Grand Inspectors General of the Order.  It is submitted that this authority in itself clothes a Very Puissant Sovereign Grand Commander and a Very Illustrious Lieutenant Grand Commander, acting jointly to constitute a regular Supreme Council. However, Article V of the Grand Constitutions provides that when the Very Puissant Sovereign Grand Commander and the Lieutenant Grand Commander of the Order are present, three members will be required to compose the Supreme Council for the transaction of the business of the Order. When a Supreme Council has been established in conformity with the Grand Constitutions it is independent, sovereign and regular in that State. A Supreme Council at all times is obliged to govern according to the prescripts of the Grand Constitutions of 1786.

Bibliography
Summary Provided by the Legal and Jurisprudence Committee of the Supreme Council of South Africa.
Albert Pike 33 Morals and Dogma of the Ancient and Accepted Scottish Rire of Freemasonry 1906.
Grand commander C F Kleinknecht Address to the XIV International Conference of Supreme Councils of the World 1990 in Mexico. 
The 1786 Grand Constitutions – https://rosecroix.com.jm/files/Grand_Constitution_of_1786.pdf