E-Paper
Hearing of 25 Constitution bench cases in Supreme Court from August 29
According to a notice released by the court administration on its website, the matters which are to be heard by five-judge constitution benches will be listed for directions including filing of common compilation, filing of short written submissions and tentative indication with regard to time to be taken by lawyers for making their arguments.
Starting August 29, the Supreme Court will commence preliminary hearings for 25 constitution bench cases, which involve issues such as the constitutional validity of polygamy, nikah halala and other related Muslim marriage practices, reservation to the economically weaker section (EWS), WhatsApp privacy policy, establishment of regional courts of appeal, granting of minority status to Sikhs in Punjab and challenge to the 2016 demonetisation policy.
According to a notice released by the court administration on its website, the matters which are to be heard by five-judge constitution benches will be listed for directions including filing of common compilation, filing of short written submissions and tentative indication with regard to time to be taken by lawyers for making their arguments.
As on August 1, a total of 492 constitution bench matters, involving 53 main cases entailing crucial questions of law and constitutional interpretations, remain pending in the top court. Of the 492 cases, 342 are five-judge bench matters, involving 41 main cases. The number of cases to be considered by seven-judge benches are seven main and eight connected matters. There are five main and 130 connected matters pending before nine-judge benches.
Article 145(3) of the Constitution provides that cases that involve substantial questions of law as to the interpretation of the Constitution are required to be decided by a minimum of five judges. Once decided, these cases serve as precedents for disputed questions of law and guide future adjudication on the pertinent issues. The outcomes of these cases are also likely to bring about socio-political impact, cementing new rights and changes in policies.
Apart from the issues mentioned above, the list of cases to come up before the five-judge benches from August 29 includes legal issues relating to power of the top court to dissolve a marriage between consenting parties, appointment of members of the Election Commission and reservations of seats in the Lok Sabha and state assemblies for Anglo Indians, Scheduled Castes and Scheduled Tribes communities.
Other constitution bench cases involve questions whether the immunity enjoyed by a legislator on the floor of the House will include immunity against cash-for-vote. The validity of Andhra Pradesh’s legislation declaring all members of the Muslim community in the state as part of the “Backward Classes” will also be examined by a five-judge bench.
On August 15, Chief Justice of India NV Ramana acknowledged the growing pendency in the Supreme Court, attributing the rising numbers to the Covid-19 pandemic and lockdowns. The statement came merely 10 days before he was set to retire on August 26.
Speaking at an event organised by the Supreme Court Bar Association (SCBA) to celebrate Independence Day, the CJI said that the top court has inherited the backlog of nearly a year on the account of Covid and lockdowns.
“In the last 16 months, we could physically assemble for only 55 days. I wish the situation were different and we could have been more productive. It is just and natural for people to have high expectations, but regrettably, the forces of nature were against us,” said Justice Ramana on August 15, adding he hopes the situation to improve in near future so that the courts can function to their full potential.
The Supreme Court currently has at least 71,400 cases pending. When Justice Ramana took over as CJI in April 2021, a little over 67,000 cases awaited disposal.
