Supreme Court judges urge CJI to create permanent five‑judge constitutional bench

Two senior judges of the Supreme Court of India have formally requested that Chief Justice of India (CJI) D.Y. Chandrachud establish a standing five‑judge constitutional bench, Times of India reported. The appeal, made during a recent judicial conference, argues that a permanent bench would ensure uniformity in interpreting the Constitution and reduce the current practice of forming ad‑hoc benches for each high‑profile case.

The justices highlighted that the Supreme Court currently assembles larger benches only when a matter is deemed of “great public importance.” This reactive approach, they said, leads to divergent rulings on similar issues and creates uncertainty for lower courts and litigants. A permanent bench, they contend, would streamline the handling of constitutional questions, providing clearer precedents and faster resolution.

The call comes amid a growing docket of constitutional challenges, ranging from electoral reforms to fundamental rights and federal‑state relations. In recent years, the Court has dealt with landmark cases such as the 2023 electoral bond judgment and the 2024 privacy ruling, each decided by different benches, prompting debates about consistency. By institutionalising a five‑judge panel, the justices aim to create a dedicated forum for such pivotal matters, reducing the need for case‑by‑case bench formation.

Why a permanent bench matters

India’s judicial architecture traditionally relies on a flexible bench system, where the size of a bench is determined by the perceived gravity of a case. While this flexibility allows the Court to allocate resources efficiently, it also means that similar constitutional questions can be heard by benches of varying composition, sometimes leading to conflicting judgments. A standing constitutional bench would mirror practices in other common‑law jurisdictions, such as the United Kingdom’s Supreme Court, which maintains a permanent panel for constitutional issues. It would also address concerns about judicial backlog, as larger benches can deliberate more comprehensively, potentially curbing the tide of appeals and petitions that currently clog the docket.

Legal scholars note that the Supreme Court’s Constitution Bench, first established in the 1950s, has historically been convened for landmark decisions but never as a permanent body. The present request, if accepted, could mark a structural shift, reinforcing the Court’s role as the ultimate interpreter of the Constitution and providing greater predictability for lawmakers, businesses, and citizens alike.

The CJI has not yet responded publicly to the proposal. However, the justices’ appeal underscores an ongoing dialogue within the judiciary about how best to balance flexibility with the need for consistent constitutional jurisprudence.

Times of India covered the justices’ appeal, noting that the move reflects broader calls for judicial reforms aimed at enhancing the Supreme Court’s efficiency and authority.