Constitution bench
Also called: Article 145(3) · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
A constitution bench is a Supreme Court bench of at least five judges. Under Art. 145(3), such a bench must hear any case with a substantial question about the meaning of the Constitution. It must also hear references from the President under Art. 143. Having more judges on the bench gives important constitutional rulings more weight.
Example
SCAORA (1993), the Second Judges case, was decided by nine judges. It created the collegium system for appointing judges. Since September 2022, constitution-bench hearings in the Supreme Court have been live-streamed.
Don't confuse with
- Ordinary (division) bench: most Supreme Court cases are heard by benches of two or three judges. Only cases with a substantial constitutional question, or an Art. 143 reference, need five or more judges.
Related concepts
- Advisory jurisdiction
- Review petition
- Curative petition
- Doctrine of precedent
- Complete justice power