Six years after Prime Minister Narendra Modi‘s controversial demonetisation move, the Supreme Court will hear petitions challenging its constitutional validity tomorrow. Tomorrow, the appeals will be heard by a five-judge Constitution bench led by Justice Abdul Nazeer. Tomorrow will see four constitutional benches preside.

The bench will most likely set a date for a detailed hearing. On December 16, 2016, the matter was referred to the Constitution Bench, but the bench had not yet been formed.

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What is a Constitution bench?

A constitution bench is a court of at least five judges that is formed to decide substantial questions of law concerning the interpretation of the constitution in a case. The majority of cases heard by the Supreme Court are heard by a division bench (2 or 3 judge members). A Constitution bench is an exception to this rule.

Article 143 of the Indian Constitution provides for the establishment of a Constitution bench. The Chief Justice of India has the constitutional authority to form a constitution bench and refer cases to it.

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When the following conditions exist, constitution benches are set up:

– When a case involves a significant legal question concerning the interpretation of the Constitution [Article 145(3)]. According to Article 145(3), “the minimum number of Judges who shall sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for hearing any reference under Article 143 shall be five.”

– When the President of India seeks the Supreme Court’s opinion on a factual or legal question under Article 143 of the Constitution. The Supreme Court of India has advisory jurisdiction under Article 143 of the Constitution. According to the provision, the President of India has the authority to ask the Supreme Court questions that he deems important for public welfare. In response to the question, the Supreme Court advises the President.

However, the Supreme Court’s referral advice is neither binding on the President nor “law declared by the Supreme Court.”

-When more than one Supreme Court bench of three judges has rendered different decisions on the same legal issue, making a more comprehensive understanding and interpretation of the law necessary.

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The Constitution benches ruled on the majority of significant cases, such AK Gopalan v. State of Madras, Kesavananda Bharati v. State of Kerala, etc., in which the court settled the law with some degree of finality.

Constitutional benches are erected as needed on an as-needed basis. A Constitution Bench is created in exceptional circumstances to address significant issues of fact, law, and/or constitutional interpretation.