Question

Under Article 145(3) of Constitution of India minimum number of judges to sit on the Constitution Bench or on Bench which gives its advisory opinion on the reference by the President must be __________________.
A. one half of the total strength of the Supreme Court
B. five
C. three
D. one third of the total strength of the Court

Answer 1

Hint: Most cases are heard by a division bench before the Supreme Court, but there’s an exception in this rule. The Constitution bench decides the substantial question of law in the matter relating to the interpretation of the Constitution.

Complete Step by Step Answer: According to Article 145 Clause 3 of the Indian Constitution, at least five judges need to hear the cases the involves a substantial question of law in the matter relating to the interpretation of the Constitution or any reference made under Article 143 which authorises the President to seek the opinion of the Supreme Court.

Article 143 of the Constitution entitles the Supreme Court to advise the President when required, but such referral advice by the apex court is not binding on the President. The President can seek an opinion from the Supreme Court in matters relating to two categories
- On any dispute or conflict arising out of any pre-constitution agreement, treaty, engagement, covenant or sanad.
- On any question of law or fact of public importance which is likely to arise or has arisen.

The Chief Justice of India has the authority to constitute a Constitutional bench and can refer cases to it. The Constitution benches are set up on an ad hoc basis as and when required.

Thus, the correct answer is option (B).

Note: The most important landmark cases decided by the Constitutional benches are AK Gopalan versus State of Madras Case, Kesavananda Bharathi versus the state Of Kerala case, Ashoka Kumar Thakur versus Union of India case.