About Constitution Bench of the Supreme Court:
- Generally, most of the cases before the SC are heard by a division bench (2 or 3 judge members).
- If a case is likely to have a larger national impact or it is likely to decide the law for good, a constitution bench is formed.
- Constitution bench gives an overarching view on a question of law and defines a path the law will take in the future.
- Article 145(3) of the Constitution makes it clear. It says “any case involving a substantial question of law as to the interpretation of the Constitution” must be decided by a Bench of at least five judges.
- In India, these benches are temporary and are dissolved once a legal question or issue is settled.
- Size:
- It will have five or more judges of the SC.
- A larger bench is constituted either depending on the importance of the issue or if there is a need to review the judgment of a smaller bench.
- For instance, a seven-judge bench is constituted if a need is felt to review the judgment of a five-judge bench.
- To date, the largest-ever Constitution Bench was that of 13 judges in the case Kesavananda Bharati v. State of Kerala. The Kesavananda Bharati judgment, delivered on 24 April 1973, in a historic 7:6 majority decision, propounded the basic structure doctrine of the Constitution, which holds that certain fundamental features of the Constitution cannot be amended by parliament.
- Who forms the Constitution bench and when?
- The Chief Justice of India has the power to set up a Constitution bench, and he is the one who refers cases to it.
- Currently, there are four situations when such a bench can be formed.
- First, if a case involves a “substantial question of law” related to the interpretation of the Constitution.
- Second, a bench can be formed if the President seeks SC’s opinion on a law or fact. In this case, however, the apex court’s decision is not binding on the President, and they can take a different point of view.
- Third, a Constitution bench can be formed when a two-judge bench and later a three-judge bench deliver conflicting judgements on the same issue.
- Lastly, it can be formed if a three-judge bench delivers a judgement that is different from the judgement delivered by a previous three-judge bench on an issue.
