What is the minimum number of judges in a Constitution Bench of the Supreme…

2025

What is the minimum number of judges in a Constitution Bench of the Supreme Court of India?

  1. A.

    7

  2. B.

    5

  3. C.

    3

  4. D.

    8

Attempted by 5 students.

Show answer & explanation

Correct answer: B

Concept: Article 145(3) of the Constitution of India provides that any case which involves a substantial question of law as to the interpretation of the Constitution, or any reference made by the President under Article 143, must be decided by a Bench of the Supreme Court consisting of a minimum of five judges. Such a bench is called a Constitution Bench.

Application: Applying this rule directly to the question, the constitutionally fixed floor for a Constitution Bench is five judges. The Chief Justice of India may constitute a larger bench of seven, nine, or more judges for matters of exceptional constitutional importance, but five is the minimum required by law for a case to even qualify as being heard by a Constitution Bench.

Contrast with the other option values:

  • 3 — this is the strength of an ordinary Division Bench; Article 145(3) requires at least five judges only for a case involving a substantial question of constitutional interpretation or an Article 143 reference, so three judges falls short of that specific threshold.

  • 7 — this is a valid, larger Constitution Bench strength used for especially significant matters, but it exceeds the minimum the question asks for.

  • 8 — an even number of judges is unusual for a bench that may need to reach a majority verdict on a constitutional question, and it too exceeds the minimum.

Cross-check: The Supreme Court's own published description of its bench structure independently confirms this — a Constitution Bench is defined as a bench of five or more judges, exactly matching the Article 145(3) requirement.

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