Constitution Benches under Article 145(3)

A Constitution Bench is a Supreme Court bench comprising at least five judges for matters covered by Article 145(3). The provision prescribes a minimum bench strength, rather than creating a separately constituted court within the Supreme Court.

Mandatory situations

The minimum strength of five judges applies in two situations specified by Article 145(3).

• A bench of at least five judges must decide a case involving a substantial question of law concerning the interpretation of the Constitution.
• A bench of at least five judges must hear a presidential reference made to the Supreme Court under Article 143.

Reference by a smaller bench

A bench of fewer than five judges hearing an appeal, other than an appeal under Article 132, may conclude that the appeal raises such a constitutional question and that deciding it is necessary for disposing of the appeal.

• The smaller bench must refer the constitutional question to a bench constituted according to Article 145(3).
• After receiving that bench's opinion, the smaller bench disposes of the appeal consistently with the opinion.

Meaning and scope

The requirement turns on a substantial question of constitutional interpretation, not merely on the citation of a constitutional provision or a general claim of constitutional importance.

• Five is the constitutional minimum; a larger bench may also hear the matter.
• The provision regulates bench strength for the specified cases and references. It does not mean that every constitutional dispute must automatically go before five judges.