Dear friends,Today, I will be discussing a matter that has been raising its head recurrently in the legal interpretation of the Constitution of India.In September 2026, a two-judge Bench of the Supreme Court of India, in a challenge concerning the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, differed on a preliminary but institutionally important question: whether the case itself had to be heard by a Constitution Bench of at least five judges under Article 145 of the Constitution.According to reports, Justice Dipankar Datta and Justice Satish Chandra Sharma agreed on the final institutional course, namely, placing the papers before the Chief Justice of India for consideration of a Constitution Bench, but they arrived at that conclusion through different lines of reasoning.The case, therefore, raises a broader issue: How should a multi-judge constitutional court determine which Bench has the authority to decide a constitutional question?Now, what are the takeaways for UPSC preparation from this matter?Let us begin with Article 145(3), which deals with bench strength and not merely with the importance of a particular case. It requires a minimum number of judges when a case involves a substantial question of law as to the interpretation of the Constitution.The difficult issue is whether this threshold is triggered merely because a constitutional challenge is made to a new statute, or only when a genuine and substantial question of constitutional interpretation arises.Article 145 deals with the rules of the Supreme Court. Article 145(3) provides that the minimum number of judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of the Constitution, or for hearing a reference under Article 143, shall be five.Thus, a Constitution Bench ordinarily consists of at least five Supreme Court judges.So, what is a Constitution Bench?A Constitution Bench is a Bench of the Supreme Court constituted with at least five judges to hear matters involving substantial questions concerning the interpretation of the Constitution or certain other constitutionally specified references.It is also relevant to the Court's own precedent architecture, particularly where an important constitutional question requires consideration by a larger Bench.The minimum strength prescribed under Article 145(3) is therefore five judges.Constitution Benches are comparatively infrequently constituted because the Supreme Court's regular docket is largely handled by smaller Benches.A Constitution Bench can settle questions of constitutional meaning with greater institutional authority. A larger Bench can overrule or reconsider the legal position stated by a smaller Bench, subject to the Court's rules of precedent.What was the disagreement in this case?One judge took the view that although Article 145(3) requires five judges, the matter must involve a substantial question of constitutional interpretation. A challenge to a statute such as the Election Commissioners’ Appointment Act, 2023, does not automatically become such a case.The other judge adopted a more cautious and nuanced approach in this context, particularly because there was no authoritative Supreme Court decision yet on the 2023 Act.Why is this more than a technical disagreement?The dispute concerns the Court's own decision-making architecture.If every challenge to a new statute automatically required a five-judge Bench, the constitutional docket of the Supreme Court could expand significantly. At the same time, if a two-judge Bench could not properly address a substantial institutional question of constitutional interpretation, the purpose of Article 145(3) could potentially be weakened.Therefore, there has to be a balance.On the one hand, there is a very relevant question of ensuring that the docket of the Supreme Court does not expand unnecessarily when matters can appropriately be dealt with by smaller Benches. On the other hand, the constitutional safeguard embodied in Article 145(3) should not be weakened.In this context, there is a very important case of the Supreme Court of India: Anoop Baranwal v. Union of India.The case arose from a challenge to the method of appointing members of the Election Commission of India.The Supreme Court's Constitution Bench, in March 2023, addressed the constitutional framework for appointments and laid down an interim mechanism involving a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India, until Parliament enacted a law governing the appointments.The official judgment recorded that the petition had been filed way back in 2015 and challenged the absence of a fair and transparent selection process.What is the 2023 Appointment Act?Parliament subsequently enacted the Chief Election Commissioner and Other Election Commissioners (...
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