Rationale behind demand for larger benches:

♤ Article 145(3) of constitution: states that any “substantial question of law” relating to the interpretation of the Constitution must be heard by benches of at least five judges.

♤ More judges mean that there will be more points of view, greater reflection and more thorough analysis in vital cases. It will also add to legitimacy, thus, minimizing coming up of same issue frequently. For example, the issue of privacy itself has been debated in eight or more instances.

♤ It is more difficult to overturn a five-judge bench than a two- or three-judge bench, meaning the public can have more confidence in the stability of the law.

♤ Stability would also set the doctrine of precedent because as of now both High Courts and lower courts are left confused as to which of the various pronouncements they are meant to follow.