Bench Strength – CJI must move fast to create permanent constitution benches

Source: The post is based on the article “Bench Strength – CJI must move fast to create permanent constitution benches, which will address one part of case pendency” published in The Times of India on 22^nd September 2023.

Syllabus: GS 2 – Indian Polity – Functioning of the Judiciary

Relevance: About establishment of permanent constitution benches in the SC.

News: Chief Justice of India Chandrachud has proposed the establishment of permanent constitution benches with varying strengths in the Supreme Court. This reform has been needed for a long time and should be prioritized.

How will the establishment of permanent constitution benches fulfill their purpose?

Article 145(3) mandates that any case involving a significant constitutional question must be heard by a panel of at least five judges.

Currently, there are 306 cases awaiting decisions from such five-judge benches and 135 cases awaiting nine-judge benches. This shows the importance of larger benches.

An example of importance of larger bench is the 13-judge bench in the Kesavananda Bharati case established the “basic structure” doctrine, which has had a lasting impact on Indian law.

Read More: SC to get permanent Constitution bench

What made this reform challenging to implement until now?

Establishing permanent constitution benches in India’s Supreme Court has been challenging due to its extensive caseload of over 80,000 cases.

Unlike the US Supreme Court, which primarily deals with constitutional matters, India’s court handles a diverse range of cases, often seen as a “people’s court.”

Further, when a nine-judge bench is formed to hear a constitutional matter, it takes up 26% of the court’s sanctioned strength of 34 judges.

Hence, challenge exists in balancing everyday legal concerns with constitutional issues, which requires a systematic approach rather than the Supreme Court simply prioritizing cases.

What more can be done to reduce the burden on the Supreme Court?

First, the subordinate courts in India need to take on more of the responsibility for hearing cases, especially cases involving bail.

The Supreme Court of India has repeatedly found that the subordinate courts are not understanding the scope of its orders, which is putting more pressure on the Supreme Court.

Second, expanding the scope of Indians’ fundamental rights also requires the establishment of more constitution benches in the Supreme Court.