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With reference to procedure of the Supreme Court, consider the following statements:
1. Constitutional cases are decided by a bench consisting of three or more judges.
2. Presidential references under Article 143 are decided by a Bench consisting of at least five judges.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
With reference to procedure of the Supreme Court, consider the follow...
The Supreme Court can, with the approval of the president, make rules for regulating generally the practice and procedure of the Court. The Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges. All other cases are usually decided by a bench consisting of not less than three judges. Hence, statement 1 is not correct and statement 2 is correct.
The judgements are delivered by the open court. All judgements are by majority vote but if differing, then judges can give dissenting judgements or opinions.
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Most Upvoted Answer
With reference to procedure of the Supreme Court, consider the follow...
Statement 1: Constitutional cases are decided by a bench consisting of three or more judges.
Constitutional cases are cases that involve the interpretation or enforcement of the Constitution of India. These cases are of utmost importance as they deal with the fundamental principles and rights enshrined in the Constitution.

The Supreme Court of India has the power to hear and decide constitutional cases. According to the procedure of the Supreme Court, constitutional cases are generally heard and decided by a bench consisting of five or more judges. This is done to ensure that important constitutional matters are decided by a larger bench, which allows for a diversity of opinions and a more comprehensive examination of the issues involved.

Therefore, statement 1 is incorrect as constitutional cases are decided by a bench consisting of five or more judges, not three or more judges.

Statement 2: Presidential references under Article 143 are decided by a Bench consisting of at least five judges.
Article 143 of the Constitution of India empowers the President of India to seek the opinion of the Supreme Court on any question of law or fact that has arisen or is likely to arise in the future. These references are known as Presidential references.

According to the procedure of the Supreme Court, Presidential references under Article 143 are indeed decided by a bench consisting of at least five judges. This is because these references often involve complex and significant questions of law or fact that require a larger bench to adequately consider and provide an opinion. Having a larger bench also ensures a greater diversity of perspectives and expertise.

Therefore, statement 2 is correct as Presidential references under Article 143 are indeed decided by a bench consisting of at least five judges.

Conclusion:
In conclusion, statement 1 is incorrect as constitutional cases are decided by a bench consisting of five or more judges, not three or more judges. On the other hand, statement 2 is correct as Presidential references under Article 143 are indeed decided by a bench consisting of at least five judges.
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With reference to procedure of the Supreme Court, consider the following statements:1. Constitutional cases are decided by a bench consisting of three or more judges.2. Presidential references under Article 143 are decided by a Bench consisting of at least five judges.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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