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The Constitution Bench: A Pillar of Indian Jurisprudence

Unpacking the Role and Function of Constitution Benches in India's Judiciary

The Constitution Bench: A Pillar of Indian Jurisprudence

  • 15 Jul, 2024
  • 277

What is a Constitution Bench?

A Constitution Bench is a specialized group within the Supreme Court of India, typically comprising five or more judges. This bench is specifically formed to address significant legal questions concerning the interpretation of the Constitution, as stipulated in Article 145 of the Indian Constitution.

Why is a Constitution Bench Formed?

A Constitution Bench is constituted when a case involves crucial constitutional questions or when there is a need to revisit or clarify previous rulings made by the Supreme Court.

How is a Constitution Bench Different from a Regular Bench?

In contrast to a regular bench, which usually consists of two or three judges and handles a broad spectrum of legal issues, a Constitution Bench focuses exclusively on important constitutional matters with its larger composition of judges.

Who Decides the Formation of a Constitution Bench?

The formation of a Constitution Bench is determined by the Chief Justice of India (CJI), who evaluates the specific nature of the case and the legal questions it presents. Interestingly, the CJI does not necessarily have to lead the bench.

What are Some Historic Cases Decided by Constitution Benches?

  • Kesavananda Bharati v. State of Kerala (1973): This landmark case established the Basic Structure Doctrine.
  • S.R. Bommai v. Union of India (1994): This case addressed important issues surrounding the dismissal of state governments and the application of President’s Rule.
  • Puttaswamy v. Union of India (2017): Recognized the right to privacy as a fundamental right.

How Does a Constitution Bench Impact Legal Precedents?

Decisions rendered by a Constitution Bench set binding precedents for lower courts and future cases. They play a vital role in the interpretation and evolution of constitutional law in India.

Can the Decisions of a Constitution Bench be Overruled?

While the rulings of a Constitution Bench carry significant authority, they can be overruled or modified by a larger bench of the Supreme Court, which consists of more than five judges.

What is the Process for Hearing a Case in a Constitution Bench?

The hearing process commences with the Chief Justice forming the bench. The bench then listens to arguments from both parties involved, examines the relevant legal and constitutional provisions, and ultimately delivers a judgment that incorporates legal reasoning and constitutional interpretation.

How Does a Constitution Bench Contribute to the Development of Law?

By tackling substantial questions of constitutional law, a Constitution Bench plays an essential role in the evolution and clarification of legal principles, ensuring that the Constitution remains adaptable to the changing needs and values of society.

How Often are Constitution Benches Formed?

Constitution Benches are established as necessary, based on the significance and nature of the cases brought before them. Although they are not formed daily, they are convened regularly to address pressing constitutional matters.

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