7. Article 145(3) of the Indian Constitution says that any “substantial question of law” relating to the interpretation of the Constitution must be heard by benches of at least five judges. But some of the most important constitutional cases, like Salwa Judum and Naz foundation, were decided by smaller benches. Why is there a need for larger benches? What are the possible reasons for smaller benches hearing such important cases?

Approach:

♤ Answer should focus on the reasons for smaller benches and problems associated with them.

♤ There is no need to go into a broad discussion of Salwa Judum or Naz Foundation cases.