A two-judge SC bench has requested the CJI to explore setting up a permanent 5-judge Constitutional Bench. A two-judge Supreme Court bench, comprising Justice SC Sharma and Justice Datta, has requested the Chief Justice of India to explore the possibility of setting up a permanent five-judge Constitutional Bench to deal with questions involving interpretation of the Constitution.Why this mattersConstitutional questions currently require bench formation: Under Article 145(3), cases involving a “substantial question of law as to the interpretation of the Constitution” must be heard by at least five judges.Such benches are constituted by the Chief Justice of India as required. Currently, there are 22 five-judge matters with 175 tagged matters pending in court.A permanent bench could make the process more predictable. Instead of repeatedly constituting a five-judge bench whenever a major constitutional question arises, a standing bench could hear such matters more continuously.It could also speed up constitutional litigation. Constitution Bench cases can remain pending for long periods because judges have multiple rosters and cases. A dedicated bench could potentially create greater continuity and reduce delays.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesA permanent bench could also bring greater consistency as the same group of judges will be dealing regularly with constitutional questions, which could develop continuity in constitutional jurisprudence, rather than different combinations of judges being assembled for different cases.It could also increase the importance of the CJI’s roster decisions. The CJI is the master of the roster and decides which judges sit on particular benches. A permanent five-judge bench would therefore be a significant change in how the court allocates its most important constitutional cases.Constitution Benches decide some of the country’s most consequential questions, including the limits of Parliament’s power, fundamental rights, federalism, separation of powers and challenges to constitutional amendments.The Supreme Court has used Constitution Benches extensively in recent years; for example, 16 Constitution Bench judgments were delivered during former CJI D.Y. Chandrachud’s tenure.Get the latest India News and Live updates. Download the TOI app.About the AuthorAashish SaxenaAashish Saxena is an Assistant News Editor at the Times of India. He has 14 years of editing and reporting experience in both print and digital media. He writes extensively on geopolitics, Indian politics, defence tech, and current affairs in South Asia and Middle East.Read MoreEnd of ArticleFollow Us On Social MediaVideosIndian Man Murdered in UAE: Body Found in Nine Pieces Inside Car In SharjahAsad Alam Siam to Be Bangladesh’s Next High Commissioner to India | What It Means for TiesUP Man Kills Wife & 2 Priests, Holds 3 Children Hostage, Later Shot Dead In Police EncounterIndia Tests 1,000-Km-Range ‘KAL’ One-Way Attack Drone At Pokhran Range‘Can’t Deny Our Right To Industrialise’: Jaishankar Lists 7 Priorities At Global South MeetIIT Bombay Student Death: Family Alleges Caste Discrimination, Alumni Association Urges Fair Probe‘Only Akhilesh Can Beat BJP’: SP Leader Iqra Hasan’s Remark Triggers Fresh Congress-SP Face-Off’Everything Is Fine In Our Schools’: CJP Team Stopped In Greater Noida, Locals Question School Visit’I’m With You Don’t Go’: Ex-Cong MLA Calls Off BJP Entry After Rahul Gandhi’s Emotional AppealJamui Harassment Case: Prime Accused Shot In Police Encounter, All Seven Arrested In Bihar | Watch123PhotostoriesFrom dating rumours with Nadeem and daughter Tara calling him ‘Abba’ to divorce from Jay Bhanushali after 14 years of marriage: Bigg Boss 20’s Mahhi Vij’s top controversiesYami Gautam channels old-world royalty in a striking gold-trimmed black saree at the National Film Awards9 things boys learn from their grandparents without even realising itMartha’s Rule rolled out to every A&E in England after teenager’s death: 5 things you need to knowWhy do eggs crack while boiling? 5 common reasons and how to prevent itBeyond Litti Chokha: 10 Bihari dishes you may not know about10 legendary tigers of India and why they became famous5 daily habits that make kids feel deeply valuedCan leftover roti become a dessert? 5 surprisingly good ideasWalk, run or lift? Cardiologist shares how to choose the right exercise for your heart123Hot PicksBPSC TRE 4 RecruitmentAndhra Pradesh school holidaySpaceXGold Rate TodayOctober 2026 School HolidaysWeather tomorrowVivek Tiwari caseUPI transactionsOpenAI breachCBSE Date SheetTop TrendingAsian Games Medal TallyConnor McDavid WifePowerball JackpotDelhi Hit and RunUP EncounterDonald TrumpPM ModiNaomi OsakaJoe ThomasSupreme Court
A two-judge Supreme Court bench, comprising Justice SC Sharma and Justice Datta, has requested the Chief Justice of India to explore the possibility of setting up a permanent five-judge Constitutional Bench to deal with questions involving interpretation of the Constitution.
Why this matters
Constitutional questions currently require bench formation: Under Article 145(3), cases involving a “substantial question of law as to the interpretation of the Constitution” must be heard by at least five judges.Such benches are constituted by the Chief Justice of India as required. Currently, there are 22 five-judge matters with 175 tagged matters pending in court.A permanent bench could make the process more predictable. Instead of repeatedly constituting a five-judge bench whenever a major constitutional question arises, a standing bench could hear such matters more continuously.It could also speed up constitutional litigation. Constitution Bench cases can remain pending for long periods because judges have multiple rosters and cases. A dedicated bench could potentially create greater continuity and reduce delays.
Share your thoughts in the comments
Be respectful · TOI community guidelines
A permanent bench could also bring greater consistency as the same group of judges will be dealing regularly with constitutional questions, which could develop continuity in constitutional jurisprudence, rather than different combinations of judges being assembled for different cases.It could also increase the importance of the CJI’s roster decisions. The CJI is the master of the roster and decides which judges sit on particular benches. A permanent five-judge bench would therefore be a significant change in how the court allocates its most important constitutional cases.Constitution Benches decide some of the country’s most consequential questions, including the limits of Parliament’s power, fundamental rights, federalism, separation of powers and challenges to constitutional amendments.The Supreme Court has used Constitution Benches extensively in recent years; for example, 16 Constitution Bench judgments were delivered during former CJI D.Y. Chandrachud’s tenure.
