Wednesday, October 21, 2020
154,225FansLike
654,155FollowersFollow
0SubscribersSubscribe
Want create site? Find Free WordPress Themes and plugins.

What is a Constitution bench?

Want create site? Find Free WordPress Themes and plugins.

Generally, most of the cases before the Supreme Court are heard by a division bench (2 or 3 judge members). An exception to this rule is a Constitution bench.

A constitution bench consists of at least five or more judges of the court which is set up to decide substantial questions of law with regard to the interpretation of the constitution in a case.

The provision for a Constitution bench has been provided in the Constitution of India under Article 143. It is the Chief Justice of India who is constitutionally authorized to constitute a constitution bench and refer cases to it.

Constitution benches are set up when the following circumstances exist:

1) When a case involves a substantial question of law pertaining to the interpretation of the Constitution [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.”

2) When President of India has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the Supreme Court of India. 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’.

3) 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.

Most of the landmark cases, such as AK Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala, etc., in which the court settled the law by some degree of finality were decided by the Constitution benches.

Did you find apk for android? You can find new Free Android Games and apps.

News Update

Delhi High Court orders police to remove barricades around 130-year-old mosque to facilitate namaaz

The Delhi High Court has ordered Delhi Police to remove the barricades in vicinity to the 130-year-old mosque located at Basant Nagar on Rao Tula Ram Marg, so that those visiting the place to offer namaaz do not have to face troubles.

Uttarakhand High Court issues notice to Maharashtra Governor for non-payment of govt dues

The Uttarakhand High Court has issued a Contempt of court notice to former Chief Minister of Uttarakhand and present Governor of Maharashtra, Bhagat Singh Koshyari in the matter of not depositing his arrears of rent and other bills.

Allahabad High Court pulls up Varanasi Municipal corporation for dereliction of duty

The Allahabad High Court has pulled up the Municipal Authorities of Varanasi, while hearing a PIL filed by Dhyanesh Bhattacharya and four others raising a serious issue with regard to failing in the discharge of public duties by the Urban Local Self Government.

Durga puja pandals: Calcutta High Court partially eases ‘no-entry’ order

The Calcutta High Court today eased its order which declared that Durga Puja pandals were "no-entry zones" for visitors in the wake of the Covid-19 pandemic.
Did you find apk for android? You can find new Free Android Games and apps.

8d08bcc7d2617bcb46e599532a6af0dc75b2918a