NEWS HIGHLIGHTS
Theme : Judiciary
Paper : GS - 2
Justice U. U. Lalit had announced his intentions to introduce major reforms in the Supreme Court (SC) during his tenure as Chief Justice of India (CJI).He has promised the SC would strive to have at least one Constitution Bench functioning throughout the year.
The Supreme Court (SC) is at the apex of the Indian judicial system. As the guardian of the Constitution, it is the primary duty of the SC to uphold the fundamental rights of citizens and protect their liberties.
TABLE OF CONTENT
- Context
- What is a Constitution Bench?
- Some Significant Cases
- Present Scenario
- Setting up of a Constitution Bench
- Positives of Constitution Bench
Context : Justice U. U. Lalit had announced his intentions to introduce major reforms in the Supreme Court (SC) during his tenure as Chief Justice of India (CJI).He has promised the SC would strive to have at least one Constitution Bench functioning throughout the year.
What is a Constitution Bench?
- The Supreme Court (SC) is at the apex of the Indian judicial system. As the guardian of the Constitution, it is the primary duty of the SC to uphold the fundamental rights of citizens and protect their liberties.
- Article 145(3), which deals with the rules of the court, provides for the setting up of a Constitution Bench. It says a minimum of five judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution”, or for hearing any reference under Article 143, which deals with the power of the President to consult the SC.
- Such a Bench is called the Constitution Bench.
Some Significant Cases :
Constitution Benches have decided some of India’s most significant cases over the years:
- Maneka Gandhi case of 1977: The seven-judge Bench expanded the scope of Article 21 and ruled that “personal liberty” is “of the widest amplitude” covering “a variety of rights which go to constitute the personal liberty of man”.
- Justice K.S. Puttaswamy case of 2017: a nine-judge bench recognised the right to privacy as one guaranteed under the Constitution in a writ petition challenging the constitutional validity of the Aadhaar scheme
- Kedar Nath Singh case of 1962: the five-judge bench upheld the constitutional validity of Section 124A of the Indian Penal Code (IPC) which penalizes sedition.
Present Scenario :
- The Supreme Court of India (SC) has returned to hearing Constitution Bench matters. 25 of the 29 SC judges are now part of the five Constitution Benches sitting in the SC. Last month, a few days before the new CJI’s first working day, the SC notified that 25 Constitution Bench matters would be listed for hearing.
- The matters included a challenge to the Center’s demonetisation policy, reservation for economically weaker sections (EWS), WhatsApp privacy, ‘real’ Shiv Sena row and hijab ban.
Setting up of a Constitution Bench :
Apart from the grounds laid down in Art 145(3), other scenarios in which a Constitution Bench can be constituted are:
- If two or three-judge Benches of the Supreme Court have delivered conflicting judgments on the same point of law.
- If a later three-judge Bench of the SC doubts the correctness of a judgment delivered by a former Bench with as much strength and decides to refer the matter to a larger bench for reconsideration of the previous judgment.
- The judiciary hasn’t determined so far what constitutes “substantial questions of law” that “involve Constitutional interpretation”.
Positives of Constitution Bench :
- Constitution Benches are not a routine affair in the SC as most of the cases are listed before a two or three-judge Bench, called a Division Bench. As per the legal provisions, a Constitution Bench consists of a minimum of five judges and the number can go up to an odd number of seven, nine and so on. (Odd numbered judges tend to minimize deadlocks in verdict)
- Role of the Chief Justice of India (CJI), who is also the master of the roster, is important as only he decides which cases will be heard by a Constitution Bench, the number of judges on the bench and even its composition. It is not binding on the CJI to be a part of a Constitution Bench.
- Cases which deal with important constitutional matters or are likely to have a significant impact are usually heard by larger benches. However, there have been instances when smaller benches of two or three judges have been assigned crucial issues with wide impact. For instance, in 2013 a two-judge bench reversed the Delhi HC judgement in Suresh Kumar Koushal vs. Naz Foundation decriminalizing homosexuality, stating that this could only be done by the Parliament. A few years later, a five-judge bench unanimously struck down Section 377.
- To date, the largest-ever Constitution Bench was that of 13 judges in the case Kesavananda Bharati v. State of Kerala, headed by the then CJI S. M. Sikri. A ground-breaking judgment was delivered by the SC, by a thin majority of 7:6, holding that Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution.”
FAQs :
1. What is a Constitution Bench?
Answer : Article 145(3), which deals with the rules of the court, provides for the setting up of a Constitution Bench. It says a minimum of five judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution”, or for hearing any reference under Article 143, which deals with the power of the President to consult the SC.
Such a Bench is called the Constitution Bench.
2. What is the Maneka Gandhi Case of 1977?
Answer : The seven-judge Bench expanded the scope of Article 21 and ruled that “personal liberty” is “of the widest amplitude” covering “a variety of rights which go to constitute the personal liberty of man”.