Constitution Bench of Supreme Court

Q. Why is this in News?

A. 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.

Q. What is the Constitutional Bench of the Supreme Court?

A. 

• About:
  • A Constitution Bench is a bench of the Supreme Court having five or more judges on it.
  • These benches are not a routine phenomenon.
  • 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 of three.
• Circumstances for Constitutional Bench to Exist:
  • Article 145(3):
    • Article 145(3) provides, “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.”
  • Article 143:
    • When the President seeks the Supreme Court’s opinion under law under Article 143 of the Constitution.
    • As per the provision, the President of India has the power to address questions to the Supreme Court, which he deems important for public welfare.
    • The Supreme Court upon reference advises the President by answering the query. However, such referral advice by the apex court is not binding on the President, nor is it ‘law declared by the Supreme Court’.
  • Conflicting Judgments:
    • When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
      • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.

Q. Why does CJI seek a Permanent Constitutional Bench?

A. 

• Presently, Constitution Benches are set up on an ad hoc basis (particular purpose) as and when the need arises.
• It aims to help the judges identify, hear and provide relief in cases which need their urgent attention and also help litigants and lawyers to avoid delay in getting their cases listed for hearing before judges due to the long-winded processes of the Supreme Court Registry.
• It is also imperative because the Supreme Court's pendency has crossed over 71,000 from a little over 55,000 in 2017.
  • This is despite the fact that the sanctioned judicial strength of the court was increased to 34 judges in August 2019.

Q. What is the Way Forward?

A. 

• Unless Constitutional Bench decisions establish clear precedent, and large numbers of cases are dismissed through written orders without a hearing by the SC, the long-term benefits of a Constitutional Bench jurisdiction may be lost.