Reference To A Constitution Bench
Article 145 mandates that any matter that involves “a substantial question of law as to the interpretation of this Constitution” should be heard by a Bench of not less than five Judges of the Supreme Court – what is commonly referred to as a Constitution Bench. In other words, the Court took a view that only such substantial questions relating to the interpretation of the Constitution ought to be referred under Article 145. In other words, there is no uniformity as to what constitutes a “substantial question of law relating to the interpretation of this Constitution” as mandated in Article 145, which requires that all constitutional questions are to be decided by a Constitution Bench. Perhaps, counsel and the Court must keep in mind the views of Sir Alladi while seeking or making references to Constitution Benches under Article 145.
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