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Wednesday, Oct 20, 2021
Outlook.com

Tarikh Pe Tarikh Constitution Benched

The Supreme Court’s Constitution benches, which have shaped India’s political history in many ways, are ­overburdened today

Tarikh Pe Tarikh Constitution Benched
Tarikh Pe Tarikh Constitution Benched
outlookindia.com
2021-02-25T09:13:12+05:30

Problems of judicial delays and pendency have long plagued the judiciary. The Supreme Court is no exception. As on February 1, about 66,072 cases were pending before the apex court. These cases include admission matters (cases where the Supreme Court is yet to decide on whether or not it shall hear them) and regular hearing matters (cases where leave has been granted and the case is ready for final disposal). Under Article 145(3) of the Constitution, some of these ­regular hearing matters, specifically those “involving a ­substantial question of law as to the interpretation of the Constitution”, are required to be decided by a minimum of five judges. Traditionally, these benches, involving five, seven or nine judges, are called Constitution benches. In the past, these benches have shaped India’s history in ­immeasurable ways. Unfortunately, the number of these benches has significantly declined over the years, while the number of references has consistently risen. As a result, matters of great constitutional importance remain...

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