Constitution bench (India): Difference between revisions

Latest revision as of 06:47, 24 April 2022

Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India or "for the purpose of hearing any reference" made by the President of India under Article 143.^[1] This provision has been mandated by Article 145 (3) of the Constitution of India.^[2]^[3] The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.^[4]

Constitution benches^[5] have decided many of India's best-known and most important Supreme Court cases, such as A. K. Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala (basic structure doctrine) and Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.^[3]

References[edit | edit source]

↑ https://indiankanoon.org/doc/244297/ ^{[bare URL]}
↑ "Constitution of India, as on 29 July 2008" (PDF). Archived from the original (PDF) on 9 September 2014. Retrieved 26 April 2014.
↑ ^3.0 ^3.1 "Interpreting the Constitution: Supreme Court Constitution Benches since Independence" (PDF). Economic and Political Weekly. XLVI (9). Sameeksha Trust. ISSN 0012-9976. Archived from the original (Magazine) on 19 July 2013. Retrieved 26 April 2014.
↑ S., Rukmini (14 November 2013). "Cases decided by Constitution Benches dropping". The Hindu. Retrieved 26 April 2014.
↑ "What is a Constitution bench?".

External links[edit | edit source]

Official website of the Supreme Court of India

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[1] ttps://indiankanoon.org/doc/244297/ ^{[bare URL]}

[COI-2] "Constitution of India, as on 29 July 2008" (PDF). Archived from the original (PDF) on 9 September 2014. Retrieved 26 April 2014.

[EPW1-3] 3.0 ^3.1 "Interpreting the Constitution: Supreme Court Constitution Benches since Independence" (PDF). Economic and Political Weekly. XLVI (9). Sameeksha Trust. ISSN 0012-9976. Archived from the original (Magazine) on 19 July 2013. Retrieved 26 April 2014.

[hindu1-4] S., Rukmini (14 November 2013). "Cases decided by Constitution Benches dropping". The Hindu. Retrieved 26 April 2014.

[5] "What is a Constitution bench?".

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 {{Use dmy dates|date=July 2019}}
-'''Constitution bench''' is the name given to the benches of the [[Supreme Court of India]] which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the [[Constitution of India]] or "for the purpose of hearing any reference" made by the [[President of India]] under Article 143.<ref>https://indiankanoon.org/doc/244297/</ref> This provision has been mandated by Article 145 (3) of the Constitution of India.<ref name=COI>{{cite web|title=Constitution of India, as on 29 July 2008 |url=http://lawmin.nic.in/coi/coiason29july08.pdf |accessdate=26 April 2014 |url-status=dead |archiveurl=https://web.archive.org/web/20140909230437/http://lawmin.nic.in/coi/coiason29july08.pdf |archivedate=9 September 2014 }}</ref><ref name=EPW1>{{cite journal|title=Interpreting the Constitution: Supreme Court Constitution Benches since Independence|journal=Economic and Political Weekly|volume=XLVI|issue=9|url=http://www.jgls.edu.in/uploadedDocuments/ConstitutioEPW.pdf|accessdate=26 April 2014|publisher=Sameeksha Trust|format=Magazine|issn=0012-9976|archive-url=https://web.archive.org/web/20130719050330/http://www.jgls.edu.in/uploadedDocuments/ConstitutioEPW.pdf|archive-date=19 July 2013|url-status=dead}}</ref> The [[Chief Justice of India]] has the power to constitute a Constitution Bench and refer cases to it.<ref name=hindu1>{{cite news|last=S.|first=Rukmini|title=Cases decided by Constitution Benches dropping|url=http://www.thehindu.com/news/national/cases-decided-by-constitution-benches-dropping/article5348431.ece|accessdate=26 April 2014|newspaper=[[The Hindu]]|date=14 November 2013}}</ref>
+'''Constitution bench''' is the name given to the benches of the [[Supreme Court of India]] which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the [[Constitution of India]] or "for the purpose of hearing any reference" made by the [[President of India]] under Article 143.<ref>https://indiankanoon.org/doc/244297/ {{Bare URL inline|date=April 2022}}</ref> This provision has been mandated by Article 145 (3) of the Constitution of India.<ref name=COI>{{cite web|title=Constitution of India, as on 29 July 2008 |url=http://lawmin.nic.in/coi/coiason29july08.pdf |accessdate=26 April 2014 |url-status=dead |archiveurl=https://web.archive.org/web/20140909230437/http://lawmin.nic.in/coi/coiason29july08.pdf |archivedate=9 September 2014 }}</ref><ref name=EPW1>{{cite journal|title=Interpreting the Constitution: Supreme Court Constitution Benches since Independence|journal=Economic and Political Weekly|volume=XLVI|issue=9|url=http://www.jgls.edu.in/uploadedDocuments/ConstitutioEPW.pdf|accessdate=26 April 2014|publisher=Sameeksha Trust|format=Magazine|issn=0012-9976|archive-url=https://web.archive.org/web/20130719050330/http://www.jgls.edu.in/uploadedDocuments/ConstitutioEPW.pdf|archive-date=19 July 2013|url-status=dead}}</ref> The [[Chief Justice of India]] has the power to constitute a Constitution Bench and refer cases to it.<ref name=hindu1>{{cite news|last=S.|first=Rukmini|title=Cases decided by Constitution Benches dropping|url=http://www.thehindu.com/news/national/cases-decided-by-constitution-benches-dropping/article5348431.ece|accessdate=26 April 2014|newspaper=[[The Hindu]]|date=14 November 2013}}</ref>
-Constitution benches<ref>{{cite web|url=https://www.indialegallive.com/is-that-legal-news/what-is-a-constitution-bench-82551|title=What is a Constitution bench?}}</ref> have decided many of India's best-known and most important Supreme Court cases, such as ''[[A. K. Gopalan v. State of Madras]]'', ''Kesavananda Bharati v. State of Kerala'' (basic structure doctrine) and ''[[Ashoka Kumar Thakur v. Union of India]]'' (OBC reservations) etc.<ref name=EPW1 />
+Constitution benches<ref>{{cite web|url=https://www.indialegallive.com/is-that-legal-news/what-is-a-constitution-bench-82551|title=What is a Constitution bench?}}</ref> have decided many of India's best-known and most important Supreme Court cases, such as ''[[A. K. Gopalan v. State of Madras]]'', ''[[Kesavananda Bharati v. State of Kerala]]'' (basic structure doctrine) and ''[[Ashoka Kumar Thakur v. Union of India]]'' (OBC reservations) etc.<ref name=EPW1 />
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