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Constitution bench (India)

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Panels within the Supreme Court of India

Constitution bench is the name given to the benches of theSupreme 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 theConstitution of India or "for the purpose of hearing any reference" made by thePresident of India under Article 143.^[1] This provision has been mandated by Article 145 (3) of the Constitution of India.^[2]^[3] Also, matters related to the Amendment of an Act of the Indian Parliament are referred to the Constitution Bench by the Supreme Court under the same act.^[4] TheChief Justice of India has the power to constitute a Constitution Bench and refer cases to it.^[5]

Constitution benches^[6] have decided many of India's best-known and most important Supreme Court cases:A. K. Gopalan v. State of Madras,Kesavananda Bharati v. State of Kerala (basic structure doctrine),Ashoka Kumar Thakur v. Union of India (OBC reservations),Kharak Singh v. State of Uttar Pradesh and Others,McDowell & Company Limited v. CTO etc.^[3]

References

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^"Article 145(3) in the Constitution of India 1949".indiankanoon.org. Retrieved17 September 2023.
^"Constitution of India, as on 29 July 2008"(PDF). Archived fromthe original(PDF) on 9 September 2014. Retrieved26 April 2014.
^^a ^b"Interpreting the Constitution: Supreme Court Constitution Benches since Independence"(PDF).Economic and Political Weekly.XLVI (9). Sameeksha Trust.ISSN 0012-9976. Archived fromthe original(Magazine) on 19 July 2013. Retrieved26 April 2014.
^"We adopted parliamentary democracy based on the British model, but how does our model differ from that model?1. As regards legislation, the British Parliament is supreme or sovereign but in India, the power of the Parliament to legislate is limited. 2. In India, matters related to the Amendment of an Act of the Parliament are referred to the Constitution Bench by the Supreme Court. Select the correct answer using the code given below".ForumIAS Blog. Retrieved2 November 2022.
^S., Rukmini (14 November 2013)."Cases decided by Constitution Benches dropping".The Hindu. Retrieved26 April 2014.
^"What is a Constitution bench?". 12 January 2020.

External links

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Official website of the Supreme Court of India

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