All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
46.

Article 145(3) of the Indian Constitution state that The minimum numver of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be.......

A: Two
B: Three
C: Five
D: Nine

The answer is: C

Explanation

The correct option is C: Five.

Article 145 (3) of the Indian Constitution says that the minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five. This clause ensures that the Supreme Court can give authoritative and consistent judgments on constitutional matters. However, there is a proviso that allows a smaller bench to refer a constitutional question to a larger bench if it is necessary for the disposal of the appeal. The Supreme Court has also made rules under Article 145 (2) to fix the minimum number of Judges for other purposes, such as hearing appeals, writ petitions, review petitions, etc.