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 ______.

All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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50.

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 ______.

A: 2

B: 3

C: 4

D: 5

The answer is: D

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Explanation

The correct option is D: 5.

According to Article 145 (3) of the Constitution of India, 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 gives due importance and consideration to the cases that involve constitutional matters or presidential references. It also allows the Court to refer any such question to a larger bench if the Court hearing an appeal consists of less than five Judges.