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November 9, 2024

Types of SC Benches

In the Supreme Court of India, cases are heard by different types of benches depending on the nature and importance of the matter. The term “bench” refers to the number and configuration of judges hearing a case. Here are the main types:

1. Single Judge Bench

  • Usage: Rare in the Supreme Court, as most matters are heard by a minimum of two judges.
  • Exceptions: A single judge may occasionally hear certain procedural matters, but generally, substantive matters require multiple judges.

2. Division Bench (Two-Judge Bench)

  • Composition: Consists of two judges.
  • Usage: Hears routine appeals, criminal and civil cases, and special leave petitions (SLPs) that don’t require larger benches.
  • Significance: Common in the Supreme Court, as it handles a wide range of cases, including those involving settled legal principles.

3. Three-Judge Bench

  • Usage: Deals with cases that may require greater legal scrutiny than what a two-judge bench can provide.
  • Significance: Often used when there are conflicting judgments from different two-judge benches that need to be reconciled or when the case involves significant legal questions.

4. Constitution Bench (Five or More Judges)

  • Composition: Constitution benches usually consist of five, seven, nine, or more judges.
  • Usage: Required by Article 145(3) of the Indian Constitution for interpreting the Constitution, resolving substantial questions of law, and cases involving significant public interest.
  • Significance: Handles cases involving constitutional issues like fundamental rights, federal structure, and landmark interpretations (e.g., Right to Privacy, Basic Structure Doctrine).

5. Larger Benches (Seven, Nine, or More Judges)

  • Usage: Rare but assembled for cases involving significant or unsettled constitutional questions that need definitive interpretation or when earlier Constitution Bench judgments need to be reconsidered.
  • Examples: Cases on the interpretation of the Basic Structure Doctrine, religious freedoms, and minority rights have been heard by these larger benches.
  • Significance: Decisions by larger benches hold the highest precedential value in Indian jurisprudence.

    6-Special Bench

    • Composition: Can include any number of judges, but generally formed on a case-by-case basis as deemed necessary by the Chief Justice of India (CJI).
    • Purpose: Special benches are constituted to hear specific, high-priority cases or urgent matters that require swift resolution. They may also be created to handle cases of public interest, such as sensitive criminal matters, election disputes, or high-profile cases.
    • Examples: High-profile criminal appeals, cases affecting public policy, disputes involving constitutional officeholders.
    • Significance: Special benches are more flexible and are designed to address particular urgent or significant cases rather than broader legal principles.

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