bench

A bench is the judge or group of judges who hear a case. A single bench is one judge; a division bench is two (sometimes three) judges; a full bench is three or more judges of a High Court; a Constitution Bench of the Supreme Court has at least five judges and must hear cases involving a substantial question of law as to the interpretation of the Constitution.

The size of the bench matters for precedent: a decision of a larger bench binds a smaller bench, and a bench that doubts a decision of a coequal bench must refer the question to a larger one. “The Bench” also means judges as a body, as opposed to “the Bar”. A circuit bench sits away from the principal seat, like the Kalaburagi and Dharwad benches of the Karnataka High Court.

Example

A two-judge bench doubted the earlier three-judge ruling, so it referred the question to a larger bench rather than refusing to follow it.

In Indian law

• Article 145(3), Constitution of India (minimum five judges for substantial questions of constitutional interpretation)

See also

bar · precedent · stare decisis · per incuriam

Read more in the study notes

• Separation of powers and its bearing on administrative law (Administrative Law)
• Rule of law and droit administratif (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• The rule against bias (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)