Supreme Court to get permanent five-judge Constitution Bench

Team SoOLEGAL 23 Sep 2019 4:05pm

Supreme Court to get permanent five-judge Constitution Bench

The Times of India has reported on September 21 that the Supreme Court is set to streamline a permanent five-judge Constitution Bench from October 01, 2019. The permanent five-judge Constitution Bench would adjudicate matters involving a substantial question of law with regards to the Constitution of India.

The Supreme Court has started working from today to its full ever capacity of 34 judges. The strength was recently increased from 31 to 34 after CJI Ranjan Gogoi had written to Prime Minister Narendra Modi about the urgent to increase the strength of Judges in the top Court in proportion to the increased pendency of cases.

As per reports, the setting up of a permanent five-judge Constitution Bench and five three-judge benches, as many as 20 out of 34 judges would be involved in hearing crucial matters involving questions of Constitutional importance and other significant matters.

In the present scenario, the Constitution Benches are set up by the CJI on referral from a two-judge or three-judge benched on an ad-hoc basis, as and when cases involving Constitutional issues are required to be heard and taking into account the factors like pendency of cases, engagement of judges in other matters, etc.

The Apex Court has 553 Constitution Bench cases pending adjudication before it, at present. This number includes 56 main matters and 497 connected matters.

The SC would also have to amend the Supreme Court rules 2013 if the CJI has to set-up a permanent five-judge Constitution Bench. The CJI would have to set up single judge benches for dealing with anticipatory and bail petitions.  

Tagged: Supreme Court   Constitution Bench  
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