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Source: The post is based on the article “There will be at least one Constitution Bench in the Supreme Court throughout the year: CJI U.U. Lalit” published in The Hindu on 26th August 2022.
What is the News?
Justice Uday Umesh Lalit, 49th Chief Justice of India (CJI), assured there will be at least one Constitution Bench functioning throughout the year in the Supreme Court.
What is a Constitution Bench?
A Constitution Bench is a bench of the Supreme Court having five or more judges on it.
These benches are not a routine phenomenon. They are set up on an ad hoc basis as and when the need arises.
Note: A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes by three.
What are the circumstances in which the Constitution Bench is constituted?
Firstly, Article 145(3): It says that the minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five.
Secondly, the President of India has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution [again links to Article 145(3)].
Thirdly, two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, thus warranting a definitive pronouncement by a larger bench.
Note: As of August 1,2022, the Supreme Court’s records show that there are 342 five-judge bench cases, fifteen seven-judge bench cases and 135 nine-judge cases pending before the Court.
