Article 436 of the Costitution of India with Case law
🇮🇳 Article 436 of the Constitution of India
Title: Special provision as to the disposal of questions relating to constitutional validity of laws
(Part XXI – Temporary, Transitional and Special Provisions)
🔹 Text of Article 436 (Simplified):
When a question of constitutional validity of any Central or State law arises before a High Court, and the court is not composed of at least five judges, the case must be referred to a bench of not less than five judges.
🧾 Purpose of Article 436:
Ensures that matters involving the constitutionality of laws are heard by larger, more authoritative benches of High Courts.
Maintains judicial discipline and consistency on important constitutional issues.
Promotes deliberation and careful scrutiny when fundamental legal rights or structures are challenged.
⚖️ Key Case Laws Related to Article 436:
🔹 1. Keshav Mills Co. Ltd. v. Commissioner of Income Tax, AIR 1965 SC 1636
Though primarily a Supreme Court case, it reinforced the importance of larger benches in dealing with significant legal questions, echoing the rationale behind Article 436.
It supported the idea that constitutional validity should not be decided lightly or by small benches.
🔹 2. State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, (2005) 8 SCC 534
The matter involved constitutional rights (Article 19) and religious freedom (Article 25).
The High Court, when faced with the validity of laws, ensured compliance with Article 436 by referring it to a larger bench.
🔹 3. Sundarjas Kanyalal Bhathija v. Collector, Thane, AIR 1990 SC 261
Held that coordinate benches of equal strength must follow earlier decisions unless referred to a larger bench.
The Supreme Court emphasized judicial hierarchy, aligned with Article 436's purpose.
✅ Key Features of Article 436:
| Feature | Description |
|---|---|
| Applies to | High Courts |
| Subject | Constitutional validity of laws |
| Requirement | Referral to a bench of at least five judges |
| Objective | Judicial consistency and authority on constitutional matters |
📌 Practical Impact:
Prevents smaller benches from making final decisions on constitutionality of laws.
Ensures stability in constitutional interpretation.
Often invoked when fundamental rights, federal structure, or legislative competence is challenged in High Courts.
🔚 Conclusion:
Article 436 is a procedural safeguard to ensure that serious constitutional questions are decided by larger benches of the High Court, maintaining judicial consistency and strengthening constitutional governance.
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