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A Constitution Bench of five judges will sit in Supreme Court from March 27.
Five cases are listed before the Bench. They are as follows:
1. Madras Bar Association v. Union of India
This case challenges Sections 156 to 189 of Finance Act, 2017 which amend provisions relating to structuring and re-organisation of tribunals.
Various issues will be heard in this case including uniformity of tribunals, the passage of Finance Act as Money Bill etc.
2. Central Public Information Officer, Supreme Court v. Suresh Chandra Agarwal
This is an appeal filed by the Supreme Court against an order of the Central Information Commission which had held that the information relating to appointment of Supreme Court judges should be furnished under the Right to Information Act, 2005. This case involves important questions including whether the Chief Justice of India will come under the scope of RTI Act, 2005.
3. Indore Development Authority v. Manohar Lal & Ors.
This case pertains to Section 24 of the Land Acquisition Act, 2013.
The case itself stems from the judgment, Indore Development Authority v. Shailendra (Dead) Through Lrs. And Ors, which was delivered on February 8, 2018 by a three-judge Bench of Justices Arun Mishra, AK Goel and M Shantanagoudar.
This Bench had, by a 2:1 majority, held that a 2014 judgment passed by the Supreme Court in Pune Municipal Corporation case is per incuriam.
In the process, the Court had answered five questions in relation to Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Land Acquisition Act, 1894.
However, the catch was that the Pune Municipal Corporation judgment was also rendered by a three-judge Bench of Justices Madan Lokur and Kurian Joseph, as well former Chief Justice of India RM Lodha.
The Constitution Bench is likely to consider the following questions:
4. State of Haryana v. Maharana Pratap Charitable Trust
This case also relates to the Land Acquisition Act, 2013 and will be decided based on the outcome in relation to the interpretation of Section 24 of the Act.
5. Sita Soren v. Union of India
This case will decide whether a legislator enjoys immunity under Article 194(2) of the Constitution from prosecution for accepting bribes to vote in Parliament or an Assembly.
The case is an appeal filed by Jharkhand Mukti Morcha MLA Sita Soren challenging a Jharkhand High Court judgment. The charge against the appellant is that he had accepted bribe to vote in favour of a particular candidate in the Rajya Sabha election that was held sometime in 2012 in Jharkhand. The High Court had refused to quash the cognisance taken by a CBI court in relation to the same.
Read the notice below.