Constitution Bench (India)

Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India. This provision has been mandated by Article 145 (3) of the Constitution of India. The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as A.K. Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala (basic structure doctrine) and Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.