Constitution Bench Tracker: Status of case hearings before the Supreme Court

The Supreme Court under current Chief Justice of India (CJI) UU Lalit recently set up five Constitution Benches to hear cases involving questions of Constitutional importance.

Barring a few matters, hearings in matters of Constitutional significance had come to standstill during the COVID-19 pandemic. The current initiative to revive Constitution Benches is being seen as a welcome change.

Just three days before former CJI NV Ramana retired, the Supreme Court published a notice stating that it will start listing twenty-five Constitution Bench matters pending before it, from August 29.

Interestingly, this revival of the top court's role of interpreting the Constitution rather than merely functioning as an appellate court, was scheduled to begin only after current CJI UU Lalit was sworn in.

At the time, 492 Constitution Bench matters, involving 53 main cases, were pending before the apex court.

In this monthly series, we will track the status of the hearings before these Constitution Benches.

Benches - Towards the end of August, two Constitution Benches were set up and eight matters were listed before them, to be heard on August 30. Upon the retirement of Justice Indira Banerjee on September 23, the Bench led by her was dissolved.

In September 2022, four more Constitution Benches were constituted, bringing the total number to five.

Cases - 27 main cases (plus connected matters) have been listed so far. A verdict was delivered in M/s Shanti Fragrances v. Union of India. The Court completed hearings and reserved its verdicts in the following cases:

• Challenge to reservation for Economically Weaker Sections

• Challenge to validity of All India Bar Exam

• Extent of Supreme Court's power under Article 142 to grant divorce decree

Parameters for hearings - The Bench headed by CJI Lalit appointed four lawyers as nodal counsel and issued directions with regard to hearing duration, written submissions, case compilations, etc.

Green Bench - The Bench headed by Justice DY Chandrachud said that it will be a completely paperless, "green bench".

New cases referred - The issue of framing guidelines on how and when mitigating circumstances are to be considered during trial in death penalty cases was referred to a Constitution Bench.

Live Streaming - Pursuant to an unanimous full court decision, live streaming of Constitution Bench proceedings commenced on September 27.

Bench-wise case updates

Bench : CJI UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala

1. Declaring Muslims as a whole as SEBC

Question of Law: Can Muslims, as a community, be declared socially and educationally backward class (SEBC) as per Articles 15 and 16 of the Constitution?

Cause title: State of Andhra Pradesh v. B Archana Reddy

Registered: December 14, 2005 | Admitted - February 29, 2016 | Last listed - September 6, 2022

Status: Pending, No orders.

2. Reservation for Sikhs in Punjab

Question of Law: Challenge to notification declaring Sikh educational institutions in Punjab to be ‘minorities’, thereby, permitting them to reserve 50 percent seats for members of the Sikh community.

Cause title: Shiromani Gurudwara Prabandhak Committee v. Shail Mittal

Registered: January 31, 2008 | Admitted - January 11, 2016 | Last listed - August 30, 2022

Status: Pending, adjourned.

3. Regional benches of Supreme Court for appeals

Question of Law: Demand for Courts of Appeal with exclusive jurisdiction to hear and finally decide appeals from High Courts.

Cause title: V Vasanthakumar v. HC Bhatia

Registered: January 15, 2016 | Admitted - February 26, 2016 | Last listed - August 30, 2022

Status: Pending, adjourned.

4. Reservation for Economically Weaker Sections (EWS)

Question of Law: Challenges to the validity of the Constitution (One Hundred and Third) Amendment Act, 2019, which provides reservation for EWS.

Cause title: Janhit Abhiyan v. Union of India

Registered: January 15,2019 | Admitted - August 6, 2020 | Last listed - September 27, 2022

Status: After 7 hearings involving arguments on whether the amendment violates the basic structure of the Constitution , the Court reserved its verdict.

Bench : Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh, Sudhanshu Dhulia

[Dissolved on September 23 upon Justice Banerjee's retirement]

1. Changing rules of the game during the selection process

Question of Law: Can the criteria for appointment to a post can be altered by the authorities concerned in the middle or after the process of selection has started?

Cause title: Tej Prakash Pathak v. Rajasthan High Court

Registered: March 20, 2013 | Admitted - March 20, 2013 | Last listed - September 13, 2022

Status: Pending, to be placed before CJI for constitution of appropriate bench.

2. Doctrine of Precedent, Sales Tax Matter

Question of Law: Challenge to the first and third Schedules of the Delhi Sales Tax Act, and the exceptions provided for in tax-exemption provisions of sales tax laws. Matter involves question related to doctrine of precedent with respect to Supreme Court judgments.

Cause title: M/s Shanti Fragrances v. Union of India

Registered: September 23, 2011 | Admitted - July 8, 2013 | Last listed - September 19, 2022

Status: Judgment delivered on September 19 held that judgments rendered by a larger bench of the top court will hold force over a ruling of a smaller Bench, even if the number of judges giving the majority opinion on the larger bench is lesser than or equal to the number of judges giving the majority opinion on the smaller bench.

3. Muslim marriage laws permitting polygamy

Question of Law: Challenge to the constitutionality of the practice of polygamy, nikah halala, nikah mut'ah and nikah al-misyar.

Cause title: Sameena Begum v. Union of India

Registered: March 16, 2018 | Admitted - August 30, 2022 | Last listed - August 30, 2022

Status: Pending, notice issued. On August 30, the Bench noted that the matter would take a while to be decided, since multiple customs are under challenge. Final hearings after October 15.

4. Remission policy

Question of Law: Can a policy can be framed in exercise of powers under Article 161, whereby the executive can grant remission without placing records before the Governor?

Cause title: Pyare Lal v. State of Haryana

Registered: July 4, 2017 | Admitted - July 4, 2017 | Last listed - September 13, 2022

Status: Pending. Directions issued to list before appropriate bench in October.

Bench: Justices DY Chandrachud, MR Shah, Krishna Murari, Hima Kohli, PS Narasimha

1. Citizenship Act

Question of Law: Challenge to Section 3(1)(a) of Citizenship Act, 1955 and 6A of Citizenship Act, 1985 that provided a framework for regularising or expelling migrants, based on their date of migration.

Cause title: Assam Sanmilita Mahasangha v. Union of India

Registered: December 20, 2012 | Admitted - November 5, 2015| Last listed - September 7, 2022

Status: Pending. Final hearing on November 1, 2022.

2. Maharashtra Political Crisis vis-à-vis Eknath Shinde, Uddhav Thackeray and Shiv Sena split

Question of Law: Challenge to the formation of the Eknath Shinde-led BJP government in Maharashtra, the disqualification of rebel MLAs, and the right over the Shiv Sena's bow-and-arrow symbol.

Reconsideration of decision in Nabam Rebia v. Deputy Speaker, with regard to the power of the Deputy Speaker to initiate disqualification proceedings.

Cause title: Subhash Desai v. Principal Secretary, Governor of Maharashtra & Ors.

Registered: July 9, 2022 | Admitted - September 7, 2022| Last listed - September 27, 2022.

Status: Pending. On September 27, the plea filed by the Thackeray camp which sought a stay on Election Commission proceedings to decide which camp gets to use the bow-and-arrow symbol, was rejected. Final hearing on November 1, 2022.

3. Delhi government v. Lieutenant Governor

Question of Law: Tussle between the Central and Delhi governments over the administrative control on transfers and postings of officers in Delhi.

Cause title: Government of NCT of Delhi v. Union of India

Registered: September 5, 2016 | Admitted - September 9, 2016 | Last listed - September 27, 2022

Status: Pending. Final hearing on November 9, 2022.

4. Extending Legislative Assembly reservation for more than 10 years

Question of Law: Challenge to the Constitution (79th Amendment) Act, 1999 which extends the reservation of seats in the Lok Sabha and Legislative Assemblies of the States to Anglo Indians, Scheduled Castes and Scheduled Tribes communities.

Cause title: Kumar Jain v. Union of India

Registered: October 17, 2000 | Admitted - February 26, 2016 | Last listed - September 7, 2022

Status: Pending, Final hearing on November 1, 2022.

Bench: Justices SK Kaul, Sanjiv Khanna, Abhay S Oka, Vikram Nath, JK Maheshwari

1. Validity of All India Bar Exam (AIBE)

Question of Law: Are Rules 9 to 11 of the Bar Council of India Rules violative of Section 16, 24 and 30 of the Advocates Act and Articles 14 and 19(1)(g) of the Constitution?

Cause title: Bar Council of India v. Bonnie Foi Law College

Registered: September 4, 2009 | Admitted - September 9, 2022 | Last listed - September 28, 2022

Status: After 2 hearings, the Court reserved its verdict after flagging its concerns regarding making the AIBE a pre-enrolment exam.

2. Bohra community's right to excommunicate dissidents

Question of Law: Do religious communities have the right to excommunicate dissidents under Article 25 and 26 of the Constitution of India?

Cause title: Central Board of Dawoodi Bohra Community & Anr v. State of Maharashtra & Anr

Registered: February 28, 1986 | Admitted - October 1, 2019 | Last listed - September 20, 2022

Status: Pending. Final hearing on October 11, 2022.

3. Compensation paid to Bhopal Gas tragedy Victims

Question of Law: Was the settlement arrived at in 1989 for the lethal gas leak from the Union Carbide Corporation Plant adequate?

Cause title: Union of India v. Union Carbide Corporation

Registered: January 31, 2011 | Admitted - January 28, 2020 | Last listed - September 20, 2022

Status: Pending. Final hearing on October 11, 2022.

4. Retrospective application of immunity against arrest for lawmakers

Question of Law: Would the removal of immunity to Central government employees at the Joint Secretary level under the Delhi Police Special Establishment Act apply retrospectively?

Cause title: CBI v. RR Kishore

Registered: March 12, 2007 | Admitted - November 3, 2015 | Last listed - September 20, 2022

Status: Pending. Final hearing on November 1, 2022.

5. Court's power under Article 142 of the Constitution of India

Question of Law: What is the extent of the Supreme Court's powers under Article 142, to dissolve marriage by granting a decree of divorce when one or more parties are not consenting to the same?

Cause title: Shilpa Sailesh v. Varun Sreenivasan

Registered: August 19, 2014 | Admitted - March 24, 2021 | Last listed - September 29, 2022

Status: Heard, reserved for judgment.

Bench: Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian, BV Nagarathna 

1. Validity of 2016 Demonetisation

Question of Law: Challenge to the Central government's 2016 decision to demonetise the ₹500 and ₹1,000 banknotes.

Cause title: Vivek Narayan Sharma v. Union of India

Registered: November 10, 2016 | Admitted - September 28, 2022 | Last listed - September 28, 2022

Status: On September 28, the Bench orally stated that it would first examine whether the issue has been rendered a mere academic exercise and needs to be heard at all. Final hearing on October 12, 2022.

2. Freedom of speech and expression of law makers

Question of Law: Questions on restrictions on the right to freedom of speech, the duty of the State to affirmatively protect its citizens, and whether an exercise of the right by a minister could be held attributable to the State.

Cause title: Kaushal Kishor v. State of Uttar Pradesh

Registered: August 20, 2016 | Admitted - October 23, 2019 | Last listed - September 28, 2022

Status: Pending. Final hearing on November 15, 2022.

3. MLAs' immunity from prosecution for bribery

Question of Law: Does the immunity conferred on Members of the Legislative Assembly (MLAs), under Article 194(2) of the Constitution in respect of any vote given by them in the Legislature, include immunity against prosecution for bribery?

Cause title: Sita Soren v. Union of India

Registered: March 7, 2019 | Admitted - December 4, 2018 | Last listed - September 28, 2022

Status: Pending. Final hearing on November 15, 2022.

4. Section 319 Code of Criminal Procedure (CrPC)

Question of Law: Can a court exercise its power to identify other accused in a case after it has already delivered the judgment in the same case?

Cause title: Sukhpal Singh Khaira v. State of Punjab

Registered: May 10, 2019 | Admitted - Not available | Last listed - September 28, 2022

Status: Pending. Final hearing on November 15, 2022.

Bench: Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, CT Ravikumar

1. WhatsApp's privacy policy

Question of Law: Does WhatsApp's privacy policy (issued in January 2021) violate the right to privacy which is a facet of the right to life under Article 21 of the Constitution of India?

Cause title: Karmanya Singh Sareen v. Union of India

Registered: January 9, 2017 | Admitted - February 25, 2020 | Last listed - September 29, 2022

Status: Pending. Final hearing on January 17, 2023.

2. Appointments to Election Commission of India (ECI)

Question of Law: Challenge to the current system of appointing members of the ECI on the ground that the executive enjoys the power to make appointments in violation of Article 342(2) of the Constitution of India.

Cause title: Anoop Baranwal v. Union of India

Registered: February 25, 2015 | Admitted - February 25, 2020 | Last listed - September 29, 2022

Status: Pending. Final hearing on November 17, 2022.

3. Jallikattu - bull taming sport

Question of Law: Challenge to validity of amendments made by the Tamil Nadu government to the Prevention of Cruelty to Animals Act (PCA Act), thereby permitting Jallikattu.

Cause title: Animal Welfare Board of India v. Union of India

Registered: January 11, 2016 | Admitted - September 29, 2022 | Last listed - September 29, 2022

Status: Pending. Final hearing on November 23, 2022.

4. Euthanasia and the right to die with dignity

Question of Law: The matter was decided by a five-judge Constitution Bench in 2018 when it recognised and gave sanction to Passive Euthanasia and living will/advance directive. However, it has been listed again to address some questions surrounding Euthanasia.

Cause title: Common Cause v. Union of India

Registered: August 21, 2019 | Admitted - November 26, 2019 | Last listed - September 29, 2022

Status: Pending. Final hearing on November 23, 2022

5. Validity of arbitration agreement in unstamped contract

Question of Law: Is an arbitration agreement embedded in an unstamped document valid and enforceable?

Cause title: Global Mercantile Private Ltd v. M/s Indo Unique Flame Limited

Registered: November 23, 2020 | Admitted - November 23, 2020 | Last listed - September 29, 2022

Status: Pending. Final hearing on December 12, 2022.

6. Disciplinary proceedings for Adultery in Armed Forces

Question of Law: Would the judgment in Joseph Shine v. Union Of India that decriminalised adultery by striking down Section 497 of the IPC come in the way of reprimanding members of the Armed Forces who commit adultery?

Cause title: Joseph Shine v. Union of India

Registered: December 5, 2020 | Admitted - September 29, 2022| Last listed - September 29, 2022

Status: At last hearing, the Court orally observed that adultery cases in Armed Forces tears families apart. Final hearing on December 6, 2022.