Supreme Court Constitutional Bench Judgments (2024–26): Doctrines, Federalism & Institutional Balance
Supreme Court Constitutional Bench Judgments (2024–26): Doctrines, Federalism & Institutional Balance
1. Why in News?
During 2024–26:
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Several Constitution Bench decisions addressed:
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Federal structure issues
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Legislative vs executive power
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Scope of judicial review
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Governor’s discretionary powers
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Debate over separation of powers resurfaced.
Judicial activism vs judicial restraint became central themes.
2. What is a Constitutional Bench?
Under Article 145(3):
A Constitution Bench consists of at least 5 judges.
Formed when:
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Substantial question of law related to Constitution arises.
UPSC can directly test this.
3. Key Doctrines Frequently Revisited
1️⃣ Basic Structure Doctrine
Parliament cannot alter basic structure of Constitution.
Established in:
Kesavananda Bharati case (1973).
2️⃣ Doctrine of Separation of Powers
Executive, Legislature, Judiciary distinct but not watertight.
3️⃣ Doctrine of Judicial Review
Power of courts to review legislative & executive actions.
4. Federalism & Governor’s Powers
Recent cases discussed:
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Governor’s delay in assent to bills
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Role of Governor under Article 200
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Federal balance between Centre & States
Governor cannot act arbitrarily.
Article 200 + 201 are important here.
5. Legislative Privileges & Judicial Scrutiny
Courts examined:
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Whether internal proceedings of legislature are immune from review.
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Limits of parliamentary privilege.
Static linkage:
Article 105 & 194 (Privileges).
6. Key Constitutional Articles Often Involved
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Article 13 → Laws inconsistent with FR void
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Article 32 → Right to constitutional remedies
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Article 136 → Special Leave Petition
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Article 226 → Writ jurisdiction of High Courts
Prelims often mixes writ powers.
7. Types of Writs (Always Relevant)
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Habeas Corpus
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Mandamus
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Certiorari
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Prohibition
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Quo Warranto
UPSC repeats this topic frequently.
8. Prelims Angle
Possible questions:
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Minimum strength of Constitution Bench?
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Which Article empowers SC to issue writs?
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Governor’s assent provisions under which Article?
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Basic structure established in which case?
Statement-based trap very likely.
9. Mains Angle
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Judicial activism vs restraint
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Role of SC in preserving federalism
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Separation of powers in practice
10. RBI Grade B Angle
Indirect relevance via:
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Institutional independence
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Constitutional governance
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