Wants to minimum and maximum number of judges in SC bench


I want to know the minimum and the maximum number of judges on a bench of the supreme court that can hear a case and till date which case had maximum judges on a bench. Can whole 25 judges of Supreme court sit together for a hearing?


Answers (3)

The strength of bench depends upon the issues involved. And one more factor i. e. If the judgment passed earlier is under consideration then the bench would be consisting of two more members of the strength of earlier bench.13judges bench has been constituted in past


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A single Judge of Supreme Court can hear some misc applications ,which are known as chamber Judge matters .All cases filed in Supreme Court are heard by a Division Bench ,which can consist of Two or Three Judges.Then there are Constitution Bench Matters ,which can be heard by a bench of of 5 Judges ,7 Judges ,9 Judges and 11 Judges .All the Judges of the Court do not sit together for hearing a case .

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Answer to part 1 of the query:

Order VI of the Supreme Court Rules 2013 answers your query pertaining to the quorum. It's reproduced below.-

"ORDER VI
CONSTITUTION OF DIVISION COURTS AND POWERS OF A SINGLE JUDGE
I. Subject to the other provisions of these rules every cause, appeal or matter shall be heard by a Bench
consisting of not less than two Judges nominated by the ChiefJustice. '
2. Where in the course ofthe hearing of any cause, appeal or other proceeding, the Bench considers that
the matter should be dealt with by a larger Bench, it shall refer the matter to the Chief Justice, who shall
thereupon constitute such a Bench for the hearing ofit.
3. Every cause, appeal or other proceedings arising out of a case in which death sentence has been
confirmed or awarded by the High Court shall be heard by a Bench consisting ofnot less than three Judges.
4. Ifa Bench ofless than three Judges, hearing a cause, appeal or matter, is ofthe opinion that the accused
should be sentenced to death it shall refer the matter to the ChiefJustice who shall thereupon constitute a Bench
of not less than three Judges for hearing it. f
5. The ChiefJustice may from time to time appoint a Judge to hear and dispose of all applications which
may be heard by a Judge in Chambers under these rules.
6. During the vacation, the Vacation Judge sitting singly may, in addition to exercising all the powers of a
Judge in Chambers under these rules, exercise the powers of the Court in relation to the following matters,
namely: -
(I) Applications for special leave to appeal in urgent cases where interim relief is prayed for
subject to the condition that the Vacation Judge shall not decide such a petition if it
raises substantial question oflaw as to the interpretation ofthe Constitution.
(2) Applications for stay of execution ofa decree or order or stay of proceedings in civil matters.
(3) Applications for transfer of cases under section 406 ofthe Code ofCriminal Procedure, 1973
(2 of 1974).
(4) Applications for stay of proceedings in criminal matters.
(5) Applications under article 32 ofthe Constitution of an urgent nature which do not involve a
substantial question oflaw as to the interpretation ofthe Constitution.
(6) Issue of a rule nisi in urgent applications under article 32 ofthe Constitution which involve a
substantial question oflaw as to the interpretation ofthe Constitution.
(7) Applications of an urgent nature for transfer of cases under section 25 of the Code of Civil
Procedure, 1908 (5 of 1908).
Issue of notice in applications of an urgent nature under Article 139A(I) ofthe Constitution;
and
(9) Applications of an urgent nature for transfer of cases under Article 139A(2) of the
Constitution."

Answer to Part 2 of the query
Largest bench constituted by the Supreme Court of India comprised of 13 Judges in the case of Kesavananda Bharti vs. State of Kerala (1973) 4 SCC 225

Answer to Part 3 of the query.

Yes. Whole 25 judges of the Supreme court can sit together for a hearing if the case is so refered to.


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