A Court Divided by Its Own Architecture: Challenges Before the Supreme Court
The Supreme Court of India plays a central role in interpreting the Constitution and resolving questions of constitutional importance. The article “A Court divided by its own architecture” highlights concerns about the Court’s institutional structure, particularly the use of two-judge Benches to decide matters involving significant constitutional questions.
The Constitutional Bench Framework
Under Article 145(3) of the Constitution, cases involving a substantial question of law regarding the interpretation of the Constitution are required to be heard by a Bench consisting of at least five judges. The provision is intended to ensure that major constitutional questions receive broader judicial consideration.
The article discusses a September 23 split verdict delivered by a two-judge Bench comprising Justices Dipankar Datta and Satish Chandra Sharma. The case concerned challenges to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
One of the questions raised was whether a smaller Bench could decide an issue involving constitutional interpretation when the matter potentially required consideration by a Constitution Bench.
Why Bench Composition Matters
The article argues that the composition of a Bench can influence the institutional consistency of constitutional adjudication. It refers to earlier judicial decisions that emphasised the importance of larger Benches when substantial constitutional questions arise.
The Chief Justice of India (CJI) also has an important administrative role in constituting Benches and allocating cases. This makes the architecture of the Court significant not only for case management but also for maintaining consistency in constitutional interpretation.
The article further raises the issue of whether a permanent Constitution Bench could provide greater consistency when important constitutional questions repeatedly arise. Such a structure could potentially reduce situations where different Benches interpret similar constitutional issues differently.
Structural Reform and Judicial Consistency
The debate is therefore broader than one judgment. It concerns how the Supreme Court can maintain constitutional consistency, institutional clarity and predictable judicial reasoning while handling an expanding caseload.
A stronger framework for Constitution Bench references, clearer rules regarding Bench composition and greater institutional consistency could contribute to more systematic constitutional adjudication.
Conclusion
The discussion surrounding the Supreme Court’s Bench structure and constitutional jurisdiction highlights the importance of institutional design in constitutional governance. The central issue is how the Court can ensure that questions affecting constitutional interpretation receive appropriate consideration while maintaining consistency across its judgments. For UPSC aspirants, this topic is important for understanding Indian Polity, Judiciary, Constitutional Interpretation and judicial reforms.
Vocabulary
1. Constitution Bench – Supreme Court Bench of at least five judges.
2. Split Verdict – Judges disagree on the final decision.
3. Stare Decisis – Principle of following judicial precedents.
Prelims MCQs
MCQ 1
Under Article 145(3), a Constitution Bench must have at least:
A) 3 judges
B) 5 judges
C) 7 judges
D) 9 judges
Answer: B
UPSC Mains Question
Frequently Asked Questions (FAQs)
What is a Constitution Bench?
What does Article 145(3) deal with?
Why is Bench composition important?
What is the role of the Chief Justice of India in forming Benches?
Why are Constitution Benches significant?
Source From : The Hindu
In Democracy’s Journey to Future, Gandhi Is the Wise Guide and Co-Traveller
Mahatma Gandhi’s ideas continue to offer a framework for thinking about the future of democracy, social justice and public life. The article “In democracy’s journey to future, Gandhi is the wise guide and co-traveller” examines how Gandhian thought can remain relevant while addressing contemporary challenges such as inequality, caste discrimination, communal divisions, political centralisation and the marginalisation of vulnerable groups.
Gandhi and the Idea of Modern Democracy
Gandhi’s political philosophy cannot be understood simply through his association with protest movements. His writings also addressed the deeper foundations of democratic society. He emphasised truth, non-violence, decentralisation, inclusion and institutional accountability.
The article highlights Gandhi’s critique of social hierarchies and economic disparities. His ideas encourage citizens and institutions to question systems that allow social or economic power to become concentrated in the hands of a few.
Gandhi’s concept of Swaraj is particularly significant in this context. Swaraj was not merely about political independence; it also involved individual responsibility, ethical public conduct and participation in community life.
Gandhi’s Relevance to Social Justice
The article connects Gandhian thinking with contemporary concerns surrounding Dalits, minorities, women and economically disadvantaged groups. A democracy cannot be meaningful if sections of society remain excluded from political and social participation.
Gandhi also emphasised the importance of informed public opinion. For him, citizens should not simply participate in elections but should develop the ability to critically evaluate public issues and hold institutions accountable.
Democracy, Political Centralisation and Citizens
The article discusses Gandhi’s concerns regarding excessive political centralisation and the importance of decentralised democratic participation. Gandhi viewed democracy as a continuous social process rather than merely an electoral exercise.
An informed and morally conscious electorate, according to the article, is essential for democratic functioning. Citizens need to make political choices based on public interest rather than narrow personal or group considerations.
Conclusion
Gandhi’s relevance to contemporary democracy lies not in treating his ideas as fixed solutions but in using them as a framework for critical reflection. His emphasis on non-violence, decentralisation, social inclusion, informed citizenship and ethical public life provides important perspectives for addressing modern democratic challenges. For UPSC aspirants, Gandhian thought is particularly relevant to Indian Polity, Modern History, Ethics, Governance and Social Justice.
Vocabulary
1. Satyagraha – Non-violent pursuit of truth.
2. Decentralisation – Distribution of power to lower levels.
3. Public Opinion – Collective views of citizens.
Prelims MCQs
MCQ 1
Gandhian democracy emphasises:
1. Decentralisation
2. Informed citizens
3. Non-violent political action
A) 1 and 2 only
B) 2 and 3 only
C) 1, 2 and 3
D) 1 only
Answer: C
