Analysis: The Need For Permanent Constitution Bench

The Supreme Court of India will have a permanent Constitution bench. The announcement about the constitutional benches of various strengths namely - five, seven and nine-judge benches - was made by Chief Justice of India DY Chandrachud recently.

This was a long overdue legal reform and will see the Supreme Court adjudicate complex constitutional questions and interpret laws. The Constitution gives exclusive jurisdiction to the Supreme Court to deal with inter-state and Centre-state disputes and provides for interpretation of legal provisions pronounced by the Supreme Court as the law of the land. Article 145(3) stipulates hearing by a minimum of five judges for any case involving a 'substantial question of law' regarding the interpretation of the Constitution. Article 142 also provides a unique power to the Supreme Court, to do 'complete justice' between the parties, where, at times, the law or statute may not provide a remedy.The Supreme Court also happens to be the final court of justice against the appeals of the high courts.

Over years, the Supreme Court has delivered judgements with reflective implications for society and polity. These have served as the guiding principles and precedents for delivering justice. The constitutional provisions have been interpreted much beyond their literal meanings to give justice and widen the ambit of fundamental rights.