CJI Surya Kant to Constitute 7-Judge Benches: Key Constitutional References Pending Before Supreme Court

Chief Justice of India Surya Kant announced on May 19, 2026, that the Supreme Court will soon constitute 7-judge benches to hear constitutional references that have been pending for years. The announcement came during the hearing of a matter when the CJI indicated that he would be occupied with 7-judge bench hearings in the near future. According to the National Judicial Data Grid, there are currently 5 matters covering 34 appeals pending before 7-judge benches of the Supreme Court. This announcement follows the completion of two major 9-judge bench hearings in recent months: the industry definition reference concluded in March 2026, and the Sabarimala reference hearing concluded in May 2026 after 16 days of arguments.

Why Constitutional Benches Matter in Indian Law

Under Article 145(3) of the Constitution of India, any case involving a substantial question of law as to the interpretation of the Constitution must be heard by a bench of at least five judges. When a smaller bench of the Supreme Court encounters a question that has been decided differently by benches of equal strength, the matter is referred to a larger bench for authoritative resolution. A 7-judge bench reference typically arises when there is a conflict between decisions of 5-judge Constitution Benches, and the matter needs to be settled by a bench larger than either of the conflicting decisions. These references involve fundamental questions of constitutional interpretation that affect the rights of millions of citizens and the framework of governance. The resolution of pending 7-judge bench references is critical because the uncertainty caused by conflicting precedents creates inconsistency in how lower courts apply the law across the country.

The Sabarimala 9-Judge Bench: Recently Concluded

The Supreme Court's 9-judge bench recently reserved its verdict in the Sabarimala reference case after 16 days of extensive hearings. The reference arose from the 2018 judgment of a 5-judge bench that allowed women of all ages to enter the Sabarimala temple, overruling the traditional practice of barring women aged 10 to 50. A review petition led to a 5-judge bench referring broader questions to a larger bench, including the interplay between Articles 25 (freedom of religion) and 26 (freedom to manage religious affairs), and whether courts can examine the constitutionality of essential religious practices. The 9-judge bench heard arguments on whether the right to practice religion under Article 25 includes the right to exclude persons based on biological characteristics, and whether the essential religious practices doctrine needs reconsideration. The verdict, when delivered, will have far-reaching implications for the relationship between constitutional rights and religious autonomy across all faiths in India.

CJI Surya Kant's Constitutional Bench Strategy

CJI Surya Kant has demonstrated a clear commitment to resolving long-pending constitutional references during his tenure. The sequential approach of completing the 9-judge bench matters first and then moving to the 7-judge bench references is strategically significant. The 9-judge bench decisions may resolve some of the broader constitutional questions that underpin the 7-judge bench references, potentially narrowing the issues that need to be decided. Additionally, the completion of larger bench hearings frees up senior judges who would otherwise be occupied for weeks during extended constitutional hearings. The CJI's announcement signals that the Supreme Court is prioritising the resolution of foundational constitutional questions rather than leaving them for successive Chief Justices. This approach brings certainty to areas of law where conflicting precedents have created confusion for decades.

Impact on Pending Litigation Across Indian Courts

The resolution of 7-judge bench references will have cascading effects on litigation pending in High Courts and trial courts across India. When a constitutional question is pending before a larger bench, lower courts often adjourn related cases or apply conflicting precedents inconsistently, leading to uncertain outcomes for litigants. Once the 7-judge bench delivers authoritative rulings, these will become binding on all courts in India under Article 141 of the Constitution. The 34 appeals pending across the 5 references likely involve issues that affect thousands of related cases in lower courts. The hearing of these references will require coordination of schedules for 7 senior Supreme Court judges, allocation of dedicated court time spanning several weeks for each reference, and extensive preparation by counsel arguing before the bench.

Key Takeaways

CJI Surya Kant's announcement marks an important moment for constitutional jurisprudence in India. The constitution of 7-judge benches will address fundamental questions of law that have remained unresolved due to conflicting precedents among 5-judge Constitution Benches. Lawyers and litigants with cases connected to the pending references should prepare for these hearings, as the outcomes will be binding and may require revision of legal strategies. The sequential resolution of 9-judge and 7-judge bench references reflects a systematic approach to clearing the constitutional backlog. The legal community should watch for formal listing orders from the Supreme Court Registry, which will specify the exact dates and composition of the 7-judge benches.