Public impact, sensitivity and rights violation: factors that can open SC’s portal

Subject : Polity

Section: Judiciary

Concept :

Saturday saw the Supreme Court constitute two separate Benches, one after the other, to hear a plea by activist Teesta Setalvad for interim protection from arrest, sending a strong signal that questions of personal liberty cannot wait after the weekend.
Whether a case deserves to be listed urgently during the weekend in the top court is entirely the Chief Justice of India’s discretion.
Public impact of a particular case, political sensitivity involved, dire risk to a guaranteed right may be some of the factors which guide judges to list a case on a weekend.
The past few years, there have been Special Benches constituted during the weekends on various matters.

Divison Bench of SC

Judges sit on division benches, which often have two or three people.
The Chief Justice of India is granted the power to name benches as part of his administrative responsibilities under the Supreme Court Rules.
To hear conflicts between parties, rule on legal issues, and finally administer justice to the wronged and innocent, there must be one judge or several benches of judges.
These benches have been established over the years to decide a variety of situations of legal significance.
Every case must be heard by the division bench, a two-judge panel selected by the Chief Justice of India, in accordance with the Supreme Court Rules of 2013.
The Chief of India may also convene a full bench of three judges or a constitutional bench of five or more judges to hear cases of greater importance.

Constitution Bench

A Constitution Bench is a special bench of the Supreme Court having 5 or more judges on it.
These benches are not a common phenomenon. Constitution Benches are exceptions, set up only if ;
The case involves a significant question of law pertaining to the interpretation of the Constitution [Article 145(3) of the Constitution, which mandates that such matters be heard by a bench of not less than five judges]
Two or more benches of the Supreme Court have delivered conflicting judgments on the same point of law.
The Constitution Benches are set up on an ad hoc basis and when the need arises.
Constitution Bench is constituted in rare cases to decide important questions of fact or legal and/or constitutional interpretation.