Relevance of Constitutional Benches in India

WHY IN NEWS?

• An advocate has written an email to Supreme Court complaining that these days the court is wasting its time hearing Constitution bench matters while not taking up cases affecting the common man.
• In response to the same, CJI Chandrachud highlighted the relevance of constitutional benches in the lives of ordinary people.

WHAT ARE CONSTITUTIONAL BENCHES?

• Constitutional Benches in India are specialized benches within the Supreme Court of India. They are constituted to hear cases that involve substantial questions of law concerning the interpretation of the Constitution.
• Article 145(3), which deals with the rules of the court, provides for the setting up of a constitutional bench. It states that 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.
• 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 constitute “substantial questions of law” that “involve Constitutional interpretation”.

HISTORICAL BACKGROUND:

• The concept of Constitutional Benches was introduced in the early years of the Indian Republic. The first case was A.K.Gopalan vs State of Madras which dealt with interpretation of Article 21 and 22.
• Constitutional benches gained prominence following the landmark case of Shankari Prasad Singh Deo v. Union of India (1951), which affirmed the power of the Parliament to amend the Constitution.

HOW ARE THEY CONSTITUTED?

• The Chief Justice of India decides which cases will be heard by a Constitution Bench, the number of judges on the bench and even its composition.
• While there are no clear guidelines, the sole discretion lies with the CJI. Also, it is not binding on the CJI to be a part of a Constitution Bench.

RELEVANCE OF CONSTITUTIONAL BENCHES:

• Fixes a long-term legal stance:
  • ?In most cases, the pronouncement of a Constitution Bench verdict is unlikely to be disturbed or overruled for a long time to come – there is a sense of finality attached to that verdict.
  • It would hence not be an exaggeration to say that Constitution Benches wield great power and responsibility to fix the path that the law is to take for a long time to come.
• Hears voice of the nation:
  • Constitutional benches hold public hearing in deciding matters of public policy

• • CJI Chandrachud recently said that in cases like the Article 370 abrogation challenge, the court had listened to the “voice of the nation” with stakeholders from the valley participating in marathon hearings.
• Protection of Constitutional Values:
  • Safeguarding Fundamental Rights: Constitutional Benches, such as in Maneka Gandhi v. Union of India (1978), ensure that fundamental rights are protected and upheld, setting precedents for individual liberties.
  • Judicial Review of Amendments: Through cases like Kesavananda Bharati v. State of Kerala (1973), they clarify that amendments should not violate the basic structure of the Constitution, reinforcing the principle of judicial review.
• Federalism and State Relations:
  • Clarifying State Government Dissolution: In cases like S.R. Bommai v. Union of India (1994), Constitutional Benches clarify the conditions under which the central government can dissolve state governments, preserving federal principles.
• Social and Legal Reforms:
  • LGBTQ+ Rights: Constitutional Benches like in Navtej Singh Johar v. Union of India (2018) made ground breaking decisions to promote social reforms and ensure equal rights for marginalized communities.
  • Minority Educational Rights: Cases like T.M.A. Pai Foundation v. State of Karnataka (2002) address educational rights, promoting inclusivity in education.
• Environmental and Policies:
  • Forest Conservation: Constitutional Benches set guidelines for environmental protection, as seen in T.N. Godavarman Thirumulpad v. Union of India (2002).
• Right to Privacy and Personal Liberty:
  • Recognizing Right to Privacy: Constitutional Benches, in Justice K.S. Puttaswamy v. Union of India (2017), acknowledge the right to privacy as a fundamental right, impacting data protection and surveillance policies.
• Cultural and Religious Rights:
  • Addressing Women's Rights in Religious Practices: Through cases like Sabarimala Temple Entry case (2018), Constitutional Benches address gender equality and religious practices, promoting inclusivity.
  • In the case of Ayodhya dispute (2019), a Constitutional Bench delivered a historic judgment which not only settled a contentious religious and cultural issue but also underscored the judiciary's commitment to maintaining communal harmony 

CHALLENGES OF CONSTITUTIONAL BENCHES:

• Decreased frequency of Constitutional Benches:
  • While Constitution Benches are vital for Supreme Court jurisprudence, the number of such Benches dropped from a yearly average of 134 cases in the 1960s to an average of 6.4 cases per year in the last half of 2000s.
  • The falling number of Constitution Bench decisions indicates that the court is getting distracted by its backlog of thousands of rather mundane cases. It risks falling behind on its core duty as the primary interpreter of the Indian Constitution
• Declining disposal rates:
  • Data presented by the Union law ministry in parliament shows that the number of cases disposed of by Supreme Court constitution benches has decreased over the decades since independence.
  • While the decade between 1960 and 1969 saw the apex court’s constitution benches dispose of a record 956 cases, the time period between 2010 and 2020 saw just 71.
• Pendency of Constitution bench matters
  • The cases of abrogation of Article 370, electoral bonds, the constitutionality of the UAPA amendment and the Sabarimala review petition were pending for almost five years, with an average of 3 years of pendency, as per a Live Law report.
  • According to RTI data received from the Supreme Court on July 23, 2022 there are more than 40 main constitution bench matters pending before five-, seven- and nine-judge benches of the Supreme Court.( Data collected by Vidhi Centre for Legal Policy)
• Issue of Connected Matters
  • While the number of main cases pending before Constitution Benches saw a slight rise, the increase has been drastic in connected matters.
  • The increase in the number of connected matters means that more cases have been tagged with the main matters pending before these courts. This leads to further delays in judgement.
  • As per the National Judicial Data Grid, if we include both main and connected matter cases, there are 21 seven-judge bench and 135 nine-judge bench matters currently pending.
• Lack of Public Input:
  • The process of case selection and decision-making within Constitutional Benches often lacks meaningful public input
  • This can lead to a perception that decisions are made without considering the perspectives of ordinary citizens, raising concerns about democratic representation.

• Complexity of Judgments:
  • Some Constitutional Bench judgments have been criticized for their length and complexity.(1000 page long Ayodhya Verdict)
  • These extensive judgments can make it challenging for the public, legal professionals, and even lower courts to fully comprehend and apply the legal principles articulated.
• Split Decisions:
  • The occurrence of split decisions within Constitutional Benches can indicate differences of opinion among the judges.
  • While this reflects a diversity of thought, it can also lead to uncertainty in the law and a lack of clear legal principles.
• Resource Intensive:
  • The extensive resources required for Constitutional Bench proceedings, including the time of multiple judges and legal professionals, can strain the capacity of the judiciary and lead to delays in other cases.

WAY FORWARD:

• Permanent Constitutional Bench
  • A specialised permanent bench of experts to exclusively hear constitutional cases could expedite the resolution and reduce pendency.
  • Currently, the Supreme Court's workload often leads to delays in hearing such cases. A dedicated bench could focus on these matters more promptly.
• Regional Benches
  • Former CJI N.V. Ramana urged the Union government to set up Regional Benches of the Supreme Court to hear appeals, so that the Delhi Bench could focus on
• Pending constitutional cases.
  • In 1978, Senior Advocate Dr. Rajeev Dhavan suggested that the Supreme Court should split into two distinct divisions with 15 Judges each—one to hear constitutional law matters, and another to hear appeals in civil and criminal cases. This would ensure that the work of the Court will be contained by two relatively small divisions under common leadership.

• Expediting Important Cases:
  • Prioritize cases of national importance or those with significant public interest for expedited hearing by the Constitutional Bench.
  • In this case, encourage the appointment of amicus curiae (independent experts) to assist the bench to fastrack resolution of complex constitutional cases.
  • Or allow retired judges with expertise in constitutional law to contribute as ad-hoc members of the Constitutional Bench.
• Public Access:
  • Enhance accessibility and transparency by providing summaries and explanations of Constitutional Bench judgments in layman's terms for the public.
  • Also, consider mechanisms for public consultation in select constitutional cases to ensure that diverse perspectives are considered.

These reforms aim to strengthen the Constitutional Benches in India, making them more efficient, accessible, and accountable while upholding the principles of judicial independence and constitutional supremacy.

PRACTICE QUESTION:

Q. What is a Constitutional Bench? Critically analyse the relevance of Constitutional benches in India.