Constitution Benches Explained: Why Some Supreme Court Cases Need Five Judges — and Why It Matters for 2025-26's Big Rulings

As year-end and monthly round-ups list a cluster of major Supreme Court rulings from larger benches, here is how Article 145(3) decides when five, seven or nine judges must sit together — and why that changes the weight of a judgment.

Recent Supreme Court round-ups — weekly, monthly and year-end lists of major rulings — repeatedly flag certain judgments as coming from a "Constitution Bench", decided by five, seven or even nine judges, unlike routine cases heard by two or three judges.

This distinction flows from Article 145(3) of the Constitution, which mandates that cases involving a substantial question of law as to the interpretation of the Constitution must be decided by a bench of at least five judges. The size of the bench signals the constitutional importance of the question involved and affects the precedential weight and authority of the judgment.

For exam purposes, remember: Article 145(3) is the source of the Constitution Bench requirement; larger benches (5/7/9 judges) are reserved for substantial constitutional questions; and reading Supreme Court round-ups requires noting bench strength, since it indicates how authoritative and binding a given ruling is compared to smaller-bench decisions.