User:Tarun2k/Sandbox/Constitutional Bench

Constitutional Bench is a bench of five or more judges of the Supreme Court constituted by the Chief Justice of India to hear and decide a case involving a  substantial question of law . Generally such questions relate to the interpretation of the Constitution. All questions referred by the President can only be heard by a Constitutional Bench.

Establishment of Constitutional Bench
There is no fixed criteria to determine as to what constitutes a 'substantial question of law'. By convention all matters are listed before the Chief Justice of India, who upon his wisdom allocates the matter to other judges of the Supreme Court, who sit in benches of two or three generally. If the bench finds that there the matter invovles issues of law which require determination by a bench of higher number of judges, they remit the matter for consideration before the Chief Justice, who may allocate the matter to a bench of higher strengh. Generally the matter is referred to a bench of five judges but there have been instances wherein the matter is referred to a bench of seven or eleven, and in one case, even thirteen judges directly. This depends upon the importance of the issue and on the availability of former decisions of other higher benches of the Court.

Article 143 Constitutional Bench
The Constitution prescribes a procedure wherein the  President can refer a question to the Supreme Court for its consideration and advice. This procedure is provided for in Article 143 which states as under;

"If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after hearing as it thinks fit, report to the President its opinion thereon."

- Article 143(1), Constitution of India

The mandate to establish a Constitutional Bench for determination of questions referred by the President is provided under Article 145 of the Consitution which requires that any such reference by the President shall be heard by a minimum number of five judges. Till date the President of India has referred *** questions for determination and advice to the Supreme Court. The cause title of all these hearings remains the same as ''In Re. Article 143 of the Constitution of India''. The details of these *** matters are as under;

1964 - (1965) 1 SCR 413 - The President referred a long standing dispute between the Legislative Assembly of the State of Uttar Pradesh and the Allahabad High Court on the issue of their respective powers and position under the constitutional setup of the country. This case is famously known as 'Keshav Singh's case' whose actions were the main reason for the dispute.

1978 - AIR 1979 SC 478 ; (1979) 1 SCC 380 - The President inquired upon the opinion of the Court on the Constitutional Validity of the Special Courts Bill, which was submitted before him for assent.

1993 Suppl. SCC 96 - *** regarding Cavery Water Disputes Tribunal.

In re: Cauvery Water Disputes Tribunal - (1993)Suppl. SCC 96; (2) In re: Keshav Singh, Special Reference No. 1 of 1964 - (1965) 1 SCR 413; (3) In re: The Special Courts Bill, 1978, Spl Ref. No. 1 of 1978 MANU/SC/0039/1978; (4) In re: Appointment of Judges Case, Special Reference No. 1 of 1998 - (1998) 7 SCC 739; (5) The Ahmedabad St. Xavier's College Society and Anr. v. State of Gujarat and Ors. - (1974) 1 SCC 714; (6) In re: Presidential Poll, Special Reference No. 1 of 1974 MANU/SC/0047/1974; (7) Inre: The Kerala Education Bill, 1957 - (1959) SCR 995; and (8) Dr. M. Ismail Faruqui and Ors. v. Union of India and Ors. MANU/SC/0860/1994.

Former Constitutional Bench decisions
On the basis of bench strength

13 judges

11 judges

9 judges

7 judges

5 judges

The constitutional benches constituted in terms of a Reference by the President of India are as under;