What is a constitution bench?

On Tuesday, the Supreme Court referred a case related to framing the uniform rules around capital punishment to a Constitution bench. The apex court said that it is necessary due to differences in various judgements on the issue of the validity of the death penalty. But what is a Constitution bench?

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. Such a bench is called a Constitution bench. It will have five or more judges of the Supreme Court. In India, these benches are temporary and are dissolved once a legal question or issue is settled.

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 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.

Largely, the Constitution bench gives an overarching view on a question of law and defines a path the law will take in the future.

In India, DY Chandrachud has been a part of 21 constitution benches, the highest in the country. He is followed by Justices AM Khanwilkar and Ashok Bhushan with 15 and 10 benches, respectively.