Previous Year Question

The correct answer is five Judges. Under Article 145(3) of the Constitution, the minimum number of Judges who must sit for deciding a case involving a substantial question of law as to the interpretation of the Constitution is five.

This is why a Bench consisting of five or more Judges is generally referred to as a Constitution Bench. Mere reference to a constitutional provision does not automatically require five Judges; the case must involve a substantial question concerning its constitutional interpretation that is necessary for the decision.

Article 145(3) also requires a minimum of five Judges for hearing a reference made by the President under Article 143. Thus, a Presidential Reference cannot be decided by a Bench of fewer than five Judges.

If a Bench of fewer than five Judges, while hearing an appeal, finds that deciding the case requires determination of a substantial constitutional question, that question is referred to a Bench constituted in accordance with Article 145(3), and the appeal is then disposed of in conformity with that opinion.

Thus, the direct examination fact is—

Article 145(3) → substantial constitutional interpretation → minimum 5 Judges.