CONSTITUTIONAL BENCH

Constitution Bench in the Supreme Court:
– A Constitution Bench in the Supreme Court consists of five or more judges.
– Such benches are not common and serve specific purposes.
– Most cases in the Supreme Court are heard by benches of two or three judges (Division Bench).

Circumstances for the Existence of a Constitution Bench:
– Article 145(3) mandates a minimum of five judges for cases involving substantial constitutional questions.
– Article 143 allows the President to seek the Supreme Court’s opinion on important matters.
– The advice provided by the Supreme Court in response to such references is not binding.

Formation of Constitution Benches:
– These benches are created when:
– A substantial constitutional question arises.
– The President seeks the Court’s opinion under Article 143.
– There are conflicting judgments from multiple three-judge benches on the same legal issue.

Need for a Permanent Constitutional Bench:
– Currently, Constitution Benches are established on an ad hoc basis.
– A Permanent Constitutional Bench is sought to expedite urgent cases, reduce delays, and manage the Supreme Court’s mounting caseload.
– Despite an increase in judicial strength to 34 judges in 2019, the Court’s pending cases have risen to over 71,000 from around 55,000 in 2017.