Delhi dispute: SC may send case to Constitution Bench

The Supreme Court on Monday said it may refer the Delhi government’s petition against a Central Ordinance, which effectively gives power over civil services in the national capital to the Lieutenant-Governor, to a Constitution Bench for an authoritative pronouncement.

Constitution Bench

 The Constitution Bench of the Supreme Court of India is a bench that consists of at least five judges. It is constituted to hear cases that involve a substantial question of law as to the interpretation of the Constitution of India. The Constitution Bench is the highest judicial forum in India for interpreting the Constitution.

The Constitution Bench is a powerful institution that plays a vital role in the interpretation of the Constitution. It is responsible for ensuring that the Constitution is interpreted in a way that protects the fundamental rights of the citizens and upholds the rule of law.

Here are some of the key features of the Constitution Bench:

  • It is constituted by the Chief Justice of India.
  • It must consist of at least five judges.
  • It has the power to decide any case that involves a substantial question of law as to the interpretation of the Constitution.
  • Its decisions are binding on all lower courts in India.

Constitution bench in US vs India

Characteristic Constitution Bench in India Supreme Court in the United States
Composition At least 5 judges 9 judges
 

Jurisdiction

Only cases involving a substantial question of law as to the interpretation of the Constitution  

Any matter of federal law

Decision- making  

Majority vote

Simple majority vote, or Chief Justice casts the deciding vote in a tie
Specialisation More specialized More generalist

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