What is the difference between division bench and constitution bench?

Asked 28-Sep-2022
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What is the difference between division bench and constitution bench?


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A division bench is a court consisting of two or more judges who hear and decide cases together. A constitution bench is a court specifically designated by the Chief Justice to hear and decide cases of constitutional importance.

The term 'division bench' is used in several Commonwealth jurisdictions, including Australia, India, Pakistan, and Scotland. In some jurisdictions, such as England and Wales, the term 'full court' is used instead.

The term 'constitution bench' is used only in India. It was first used in the Indian Constitution (Fortieth Amendment) Act, 1978 to refer to a bench of five judges appointed to hear and decide the case of Kesavananda Bharati v. State of Kerala.

A division bench is a court consisting of two or more judges who hear and decide cases. A constitution bench is a court composed of at least five judges of the Supreme Court of India, which hears and decides cases of fundamental importance concerning the interpretation of the Constitution of India.

The phrase 'division bench' is not defined in the Indian Constitution. However, the term has been interpreted by the Supreme Court of India to mean a court consisting of two or more judges. In the case of S.P. Gupta v. Union of India, the Supreme Court of India held that a division bench must consist of at least two judges.

What is the difference between division bench and constitution bench?

The Constitution of India does not define the term 'constitution bench'. However, the term has been interpreted by the Supreme Court of India to mean a court composed of at least five judges of the Supreme Court of India. In the case of S.P. Gupta v. Union of India, the Supreme Court of India held that a constitution bench must consist of at least five judges.

The difference between a division bench and a constitution bench lies in the composition of the court. A division bench is a court consisting of two or more judges. A constitution bench is a court composed of at least five judges of the Supreme Court of India.