The story so far: As per a notification released on September 5, the Supreme Court has constituted a new five-judge Constitution Bench to hear three important cases starting September 20. The bench will be headed by Chief Justice of India (CJI) DY Chandrachud and also comprise Justices A.S. Bopanna, M.M. Sundresh, J.B. Pardiwala and Manoj Misra.
A Constitution Bench is constituted whenever a matter of law arises that requires interpretation of a Constitutional provisions or if there is a significant legal question to be decided. Article 145(3) of the Constitution, which deals with the rules of the Court, provides for the setting up of such Constitution Benches and stipulates that a minimum of five judges need to sit for deciding a case involving a “substantial question of law as to the interpretation of the Constitution,” or for hearing any reference under Article 143, which deals with the power of the President to consult the Supreme Court.
The cases listed at present before the Constitution Bench pertain to the constitutional validity of Section 6A of The Citizenship Act, 1955; the extension of reservations in the Lok Sabha and State legislatures for Scheduled Castes (SCs), Scheduled Tribes (STs) and the Anglo-Indian community; and whether any legal immunity is enjoyed by MPs and MLAs from prosecution for offences such as offering or accepting bribes for casting votes.
