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Constitution Bench: Definition and Meaning
The Supreme Court has assigned a five-judge Constitution Bench to hear all petitions contesting the repeal of Article 370, which granted Jammu and Kashmir special status. This Constitution Bench of five judges heard every plea. This new development brings back into focus the cases that have ruled on several of India's most important constitutional cases. The Supreme Court's Constitution Benches are tasked with deciding any issue that calls for a significant interpretation of the Indian Constitution. They are required by Article 145(3) of the Indian Constitution.
What does Exactly Constitution Bench Define?
In order to decide any case "involving a substantial question of law as to the interpretation" of the Indian Constitution or "for the purpose of hearing any reference" made by the President of India pursuant to Article 143, the Supreme Court of India will convene benches of at least five judges known as "constitution benches." Article 145(3) of the Indian Constitution requires this clause. To create a Constitution Bench and send cases to it, the Chief Justice of India has the authority.
When the following conditions apply, constitution benches are set up −
When there is a major legal issue that bears on how the Constitution should be interpreted [Article 145(3)]. According to Article 145(3), there must be a minimum of five judges present when a case involves a significant legal issue pertaining to the interpretation of this Constitution or when a reference under Article 143 is being heard.
Whenever the President of India invoked Article 143 of the Constitution to request the Supreme Court's judgment on a factual or legal issue. The Supreme Court of India has advisory jurisdiction, according to Article 143 of the Constitution. According to the law, the President of India has the authority to ask the Supreme Court about any issues he determines to be crucial for the welfare of the public. In response to a request, the Supreme Court provides the President with advice. The President is not required to heed the Supreme Court's referral counsel, nor is it "law issued by the Supreme Court."
When two or more Supreme Court panels of three judges have issued opposing rulings on the same legal issue, a larger bench's comprehension and application of the law is necessary.
In response to the aforementioned circumstances, the Constitution benches are arranged on an as-needed basis.
The Constitution bench ruled on the majority of important cases, such as AK Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala, etc., in which the court rendered a ruling that effectively settled the law.
The Strength of Constitution Benches
As most matters are listed before a two- or three-judge bench, known as a "division bench," Constitution benches are not a common occurrence in the SC. A Constitutional Bench must include a minimum of five judges and may have as many as an odd number of judges—seven, nine, etc.—according to the law.
Which cases will be handled by a Constitution Bench, how many justices will sit on the bench and even its makeup are all decisions made by the Chief Justice of India (CJI), who is also the master of the roster. The CJI has sole discretion, even if there are no established rules. Being on a Constitution Bench is not required of the Chief Justice of India.
Larger benches typically hear cases that involve crucial constitutional issues or that are likely to have a major impact. Smaller benches of two or three judges, on the other hand, have occasionally been given important cases with broad implications. For instance, a two-judge panel overturned the Delhi High Court's decision in Suresh Kumar Koushal v. Naz Foundation in 2013, saying that only the Parliament may decriminalize homosexuality. A few years later, Section 377 was unanimously overturned by a five-judge bench.
The case Kesavananda Bharati v. State of Kerala, presided over by the then Chief Justice of India, S. M. Sikri, had the largest Constitution Bench in history, consisting of 13 judges. By a razor-thin 7:6 vote, the SC issued a precedent-setting decision, ruling that Parliament could amend any clause of the Constitution as long as it did not change or revise "the fundamental structure or fundamental elements of the Constitution."
Conclusion
The concept of constituting constitutional bench in the Supreme Court is a noble idea, as it protects the interest of public at large and preserve the veracity of the Constitution. However, the long-term advantages of a Constitutional Bench jurisdiction may be lost unless rulings by the Constitutional Bench create clear precedent and a significant percentage of applications are dismissed by written orders without a hearing by the SC.
FAQs
Q1. What is a 3 judge bench called?
Ans. The constitution of 2 judge bench or 3 judge bench is known as division bench. Usually, in the matter where larger interests are involved, division bench is constituted.
Q2. Which is the biggest constitutional bench in India?
Ans. In the Supreme Court of India, the largest-ever bench has been constituted in 1973 to decide the case of Kesavananda Bharati v. State of Kerala. 13 judges bench was set up to decide whether Parliament had the unfettered right to amend the Constitution or not that eventually gave birth to the doctrine of “Basic Structure.”
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