What is Constitution Bench of Supreme Court?

The Supreme Court of India is the apex judicial authority under the Constitution of India. It performs multiple functions, including adjudicating civil and criminal appeals, interpreting the Constitution, exercising judicial review, and advising the President in certain circumstances. Within its institutional framework, the Constitution Bench occupies a special and significant position.

A Constitution Bench of the Supreme Court is constituted when a case involves substantial constitutional questions or issues of exceptional national importance. Its decisions often shape the future course of law and governance in India. The constitutional mandate, its composition, the circumstances of its formation, and its jurisprudential significance collectively make it one of the most important mechanisms within the Indian judicial system.

This article examines in detail the meaning, constitutional basis, composition, formation, functioning, and importance of a Constitution Bench of the Supreme Court.

Ordinary Benches and the Need for a Larger Bench

In its regular functioning, the Supreme Court hears thousands of cases every year. Most cases are decided by smaller benches:

• A Division Bench, usually consisting of two judges.
• In some important matters, a bench of three judges may be constituted.

These benches decide appeals, special leave petitions, service matters, commercial disputes, criminal appeals, and other routine cases.

However, certain cases cannot be appropriately decided by smaller benches. These are cases that:

• Involve a substantial question relating to the interpretation of the Constitution.
• Are likely to have a larger national impact.
• May settle the law conclusively on a significant issue.
• Require reconsideration of earlier decisions of smaller benches.
• Involve conflicting judgments delivered by benches of equal strength.

In such circumstances, a Constitution Bench is formed.

Meaning of a Constitution Bench

A Constitution Bench is a bench of the Supreme Court comprising five or more judges. It is constituted to decide cases involving substantial constitutional questions or other issues of great legal importance.

Unlike ordinary benches, a Constitution Bench gives an overarching interpretation of law, particularly constitutional provisions. Its judgments define the direction the law will take in the future and become binding precedents for all courts in India.

In India, Constitution Benches are not permanent. They are constituted on a temporary or ad hoc basis for specific cases and are dissolved once the issue is decided.

Constitutional Basis: Article 145(3)

The foundation of the Constitution Bench lies in Article 145(3) of the Constitution of India.

Article 145(3) states that:

Any case involving a substantial question of law as to the interpretation of the Constitution shall be decided by a Bench of at least five judges.

This provision makes it mandatory that whenever a substantial constitutional question arises, it must be heard by a bench of not less than five judges.

The term “shall” in Article 145(3) indicates a compulsory requirement. Therefore, the formation of a Constitution Bench in such cases is not optional but constitutionally required.

Size of a Constitution Bench

A Constitution Bench consists of five or more judges. The number may vary depending on the nature and importance of the case.

The size of the bench increases in situations such as:

• When a larger bench is required to review or reconsider a decision delivered by a smaller bench.
• When an issue has wide constitutional implications.
• When conflicting precedents need authoritative resolution.

For example

• A seven-judge bench may be constituted to review a decision delivered by a five-judge bench.
• An even larger bench may be formed if necessary.

The largest Constitution Bench ever constituted in India consisted of 13 judges in Kesavananda Bharati v. State of Kerala.

In this landmark judgment delivered on 24 April 1973, by a narrow majority of 7:6, the Supreme Court propounded the Basic Structure Doctrine. The Court held that while Parliament has wide powers to amend the Constitution, it cannot alter its basic structure or essential features. This decision remains one of the most significant constitutional rulings in Indian legal history.

Who Constitutes a Constitution Bench?

The power to constitute a Constitution Bench rests with the Chief Justice of India (CJI).

As the master of the roster, the CJI:

• Decides which cases are to be heard by a Constitution Bench.
• Determines the composition of the bench.
• Allocates matters among different benches.

When a case involves a substantial constitutional question or falls within other recognised circumstances, the CJI refers it to a Constitution Bench.

Situations in Which a Constitution Bench is Formed

There are broadly four recognised situations in which a Constitution Bench may be constituted.

Substantial Question of Constitutional Interpretation

The primary situation arises when a case involves a substantial question of law relating to the interpretation of the Constitution.

Such questions may include:

• Scope and limitation of Fundamental Rights.
• Validity of constitutional amendments.
• Distribution of legislative powers between the Union and the States.
• Powers of constitutional authorities such as the President, Governor, or Parliament.

In such cases, Article 145(3) mandates the constitution of a bench of at least five judges.

The expression “substantial question” indicates that the issue must be significant, not trivial. It must have serious implications for constitutional interpretation and governance.

Presidential Reference under Article 143

The second situation arises under Article 143 of the Constitution.

Article 143 empowers the President of India to seek the advisory opinion of the Supreme Court on questions of law or fact of public importance.

Under this provision:

• The President may refer a question considered important for public welfare to the Supreme Court.
• The Supreme Court examines the matter and gives its advisory opinion.

Such references are heard by a Constitution Bench.

However, it is important to note:

• The advisory opinion given under Article 143 is not binding on the President.
• It does not amount to “law declared by the Supreme Court” under Article 141.

Even though advisory in nature, such opinions often deal with significant constitutional issues and therefore require consideration by a larger bench.

Conflicting Judgments by Smaller Benches

A Constitution Bench may also be formed when there are conflicting judgments delivered by smaller benches.

For instance:

• A two-judge bench may decide an issue in a particular manner.
• Later, a three-judge bench may take a different view on the same issue.

Such conflicting interpretations create uncertainty in law. To ensure consistency and clarity, the matter is referred to a larger bench.

The larger bench then authoritatively settles the legal position.

Divergence Between Benches of Equal Strength

Another situation arises when:

A three-judge bench delivers a judgment that differs from an earlier judgment delivered by another three-judge bench on the same issue.

Judicial discipline requires that a bench of equal strength cannot overrule a decision of another bench of equal strength. In such cases, the matter must be referred to a larger bench.

A Constitution Bench is then constituted to resolve the divergence and bring uniformity to the law.

Nature of Constitution Benches in India

Constitution Benches in India are temporary formations.

They are:

• Constituted for specific cases.
• Dissolved once the issue is adjudicated.

Unlike some constitutional courts in other countries that have permanent constitutional panels, the Supreme Court of India adopts an ad hoc model.

This means that judges who usually sit on regular benches may be reassigned to Constitution Benches when required.

Role in Judicial Review

The Constitution Bench plays a central role in the exercise of judicial review.

Judicial review is the power of the judiciary to examine legislative enactments and executive actions and to declare them invalid if they violate constitutional provisions.

This power is vested in both the Supreme Court and the High Courts under the Constitution of India.

Through judicial review:

• Laws passed by Parliament or State Legislatures may be declared void if inconsistent with the Constitution.
• Executive actions may be invalidated if unconstitutional.

Constitution Benches often exercise this power in cases involving constitutional amendments, federal disputes, and fundamental rights.

The judgment in Kesavananda Bharati v. State of Kerala is a classic example of judicial review exercised by a Constitution Bench, leading to the formulation of the Basic Structure Doctrine.

Conclusion

A Constitution Bench of the Supreme Court of India is a bench comprising five or more judges constituted to decide substantial questions relating to the interpretation of the Constitution or other issues of exceptional legal significance. Its authority is derived from Article 145(3), and it may also be formed in cases of Presidential References under Article 143, conflicting judgments, or divergence between benches of equal strength.

Though temporary in nature, Constitution Benches play a permanent role in shaping constitutional jurisprudence. Their decisions influence governance, protect fundamental rights, and define the contours of constitutional power in India. Through landmark judgments such as Kesavananda Bharati v. State of Kerala, Constitution Benches have left an enduring imprint on the Indian legal system.