A constitutional bench refers to a special panel of judges that is specifically designated to hear cases related to constitutional issues.
It usually hears questions of fundamental rights, interpretation of constitution and disputes between different levels of the government.
As per Article 145(3), it consists of at least 5 judges of the Supreme Court of India which sit:
a) To decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India or
b)“For the purpose of hearing any reference” made by the President of India under Article 143.
The term ‘bench’ has not been mentioned in the Constitution of India.The CJI has the power to constitute a Constitution Bench and refer cases to it. Thus, presently constitution benches are set up on an ad hoc basis i.e., whenever need arises.
