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Consider the following statements regarding the Constitution Bench of the Supreme Court (SC):
- The Chief Justice of India has the power to set up a Constitution bench.
- The decision of a Constitution bench formed on presidential reference on a law or fact is binding on the President.
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 'A'. Can you explain this answer?
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Consider the following statements regarding the Constitution Bench of ...
The Supreme Court (SC) recently said it is considering having a sign language interpreter for the hearing impaired during Constitution bench hearings.
About Constitution Bench of the Supreme Court:
- Generally, most of the cases before the SC are heard by a division bench (2 or 3 judge members).
- If a case is likely to have a larger national impact or it is likely to decide the law for good, a constitution bench is formed.
- Constitution bench gives an overarching view on a question of law and defines a path the law will take in the future.
- Article 145(3) of the Constitution makes it clear. It says “any case involving a substantial question of law as to the interpretation of the Constitution” must be decided by a Bench of at least five judges.
- In India, these benches are temporary and are dissolved once a legal question or issue is settled.
- Size:
- It will have five or more judges of the SC.
- A larger bench is constituted either depending on the importance of the issue or if there is a need to review the judgment of a smaller bench.
- For instance, a seven-judge bench is constituted if a need is felt to review the judgment of a five-judge bench.
- To date, the largest-ever Constitution Bench was that of 13 judges in the case Kesavananda Bharati v. State of Kerala. The Kesavananda Bharati judgment, delivered on 24 April 1973, in a historic 7:6 majority decision, propounded the basic structure doctrine of the Constitution, which holds that certain fundamental features of the Constitution cannot be amended by parliament.
- Who forms the Constitution bench and when?
- The Chief Justice of India has the power to set up a Constitution bench, and he is the one who refers cases to it.
- Currently, there are four situations when such a bench can be formed.
- First, if a case involves a “substantial question of law” related to the interpretation of the Constitution.
- Second, a bench can be formed if the President seeks SC’s opinion on a law or fact. In this case, however, the apex court’s decision is not binding on the President, and they can take a different point of view.
- Third, a Constitution bench can be formed when a two-judge bench and later a three-judge bench deliver conflicting judgements on the same issue.
- Lastly, it can be formed if a three-judge bench delivers a judgement that is different from the judgement delivered by a previous three-judge bench on an issue.
Hence only statement 1 is correct.
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Community Answer
Consider the following statements regarding the Constitution Bench of ...
The correct answer is option 'A' - 1 only.
Explanation:
1. The Chief Justice of India has the power to set up a Constitution bench.
- This statement is correct. The Chief Justice of India (CJI) has the power to constitute a Constitution bench. The CJI can form a Constitution bench consisting of at least five judges for the purpose of hearing and deciding cases involving substantial questions of law or interpretation of the Constitution. The CJI has the discretion to constitute a Constitution bench based on the importance and complexity of the issues involved in a case.
2. The decision of a Constitution bench formed on presidential reference on a law or fact is binding on the President.
- This statement is incorrect. The decision of a Constitution bench formed on a presidential reference is not binding on the President. Article 143 of the Constitution empowers the President to seek the opinion of the Supreme Court on any question of law or fact that has arisen, or is likely to arise, and is of public importance. The Supreme Court, upon receiving such a reference, constitutes a Constitution bench to hear and decide the reference. However, the opinion rendered by the Supreme Court in such cases is advisory in nature and is not binding on the President. The President is free to accept or reject the opinion and take appropriate action based on his/her own discretion.
In conclusion, the correct answer is option 'A' - 1 only. The Chief Justice of India has the power to set up a Constitution bench, but the decision of a Constitution bench formed on a presidential reference is not binding on the President.
Explanation:
1. The Chief Justice of India has the power to set up a Constitution bench.
- This statement is correct. The Chief Justice of India (CJI) has the power to constitute a Constitution bench. The CJI can form a Constitution bench consisting of at least five judges for the purpose of hearing and deciding cases involving substantial questions of law or interpretation of the Constitution. The CJI has the discretion to constitute a Constitution bench based on the importance and complexity of the issues involved in a case.
2. The decision of a Constitution bench formed on presidential reference on a law or fact is binding on the President.
- This statement is incorrect. The decision of a Constitution bench formed on a presidential reference is not binding on the President. Article 143 of the Constitution empowers the President to seek the opinion of the Supreme Court on any question of law or fact that has arisen, or is likely to arise, and is of public importance. The Supreme Court, upon receiving such a reference, constitutes a Constitution bench to hear and decide the reference. However, the opinion rendered by the Supreme Court in such cases is advisory in nature and is not binding on the President. The President is free to accept or reject the opinion and take appropriate action based on his/her own discretion.
In conclusion, the correct answer is option 'A' - 1 only. The Chief Justice of India has the power to set up a Constitution bench, but the decision of a Constitution bench formed on a presidential reference is not binding on the President.
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Consider the following statements regarding the Constitution Bench of the Supreme Court (SC): The Chief Justice of India has the power to set up a Constitution bench. The decision of a Constitution bench formed on presidential reference on a law or fact is binding on the President.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 'A'. Can you explain this answer?
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