Polity

CJI urged to list key cases before Constitution Benches

·         A constitution bench consists of a minimum of 5 or more judges of the court that is ready up to make a decision substantial queries of law with regard to the interpretation of the constitution during a case.

·         The provision for a constitution bench has been provided in the Constitution of India under Article 143.

·         It is the Chief Justice of India who is constitutionally authorized to constitute a constitution bench and refer cases to it.

·         Constitution benches are set up when the following circumstances exist:

1.      once a case involves a considerable question of law pertaining to the interpretation of the Constitution [Article 145(3)]. Article 145(3) provides, “The minimum number of Judges who are to take a seat for the purpose of deciding any case involving a considerable question of law on the interpretation of this Constitution or for the aim of hearing any reference under Article 143 shall be 5.”

2.      once President of India has sought-after the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for advisory jurisdiction to the Supreme Court of India. As per the availability, the President of India has the ability to address inquiries to the Supreme Court, that he deems important for public welfare. The Supreme Court upon reference advises the President by answering the question. However, such referral recommendation by the apex court isnt binding on the President, neither is it ‘law declared by the Supreme Court’.

3.      when 2 or additional three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a certain understanding and interpretation of the law by a bigger bench.

4.      The Constitution benches are set up on ad hoc basis as and once the above-named conditions exist.