Times of India·5 min read·hard

Two SC Justices call for permanent 5-judge Constitutional Bench; why it matters

A
AASHISH SAXENA
Two SC Justices call for permanent 5-judge Constitutional Bench; why it matters
AI Summary

Two Supreme Court justices have proposed the creation of a permanent five-judge Constitutional Bench to handle complex legal interpretations. This change aims to reduce case backlogs and provide greater consistency in constitutional jurisprudence.

Why it matters

A permanent bench could significantly streamline the judicial process for the most critical legal questions in the country.

Dive DeeperCreate a free account to unlock

A two-judge Supreme Court bench, comprising Justice SC Sharma and Justice Datta, has requested the Chief Justice of India to explore the possibility of setting up a permanent five-judge Constitutional Bench to deal with questions involving interpretation of the Constitution.Why this mattersConstitutional questions currently require bench formation: Under Article 145(3), cases involving a "substantial question of law as to the interpretation of the Constitution" must be heard by at least five judges.Such benches are constituted by the Chief Justice of India as required. Currently, there are 22 five-judge matters with 175 tagged matters pending in court.A permanent bench could make the process more predictable. Instead of repeatedly constituting a five-judge bench whenever a major constitutional question arises, a standing bench could hear such matters more continuously.It could also speed up constitutional litigation. Constitution Bench cases can remain pending for long periods because judges have multiple rosters and cases.

Continue reading on Headlinne

Create a free account to read the full article.

Read full article →
politicseducation

Get smarter about the news

Sign up free for a feed built around what you actually care about, Dive Deeper research on any story, and the full text of every article.

Create free account

Already have an account? Sign in