The Constitutional Conundrum: Deciding Constitution Bench Matters in India

<p>Dear friends,</p><p><br></p><p>Today, I will be discussing a matter that has been raising its head recurrently in the legal interpretation of the Constitution of India.</p><p><br></p><p>In September 2026, a two-judge Bench of the Supreme Court of India, in a challenge concerning the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, differed on a preliminary but institutionally important question: whether the case itself had to be heard by a Constitution Bench of at least five judges under Article 145 of the Constitution.</p><p><...