Q. With reference to the Constitution Bench of the Supreme Court of India, consider the following statements:- A Constitution Bench consists of a minimum of three judges as per legal provisions.
- It is mandatory for the Chief Justice of India (CJI) to be a member of every Constitution Bench.
Which of the above statements is / are correct?
Answer:
Neither 1 nor 2
Notes: As per Article 145(3) of the Constitution and Supreme Court rules, a Constitution Bench must comprise at least five judges, not three. Furthermore, it is not binding on the Chief Justice of India to be a part of every Constitution Bench; the CJI decides its composition but need not participate directly. Thus, both statements are incorrect.