Constitution Bench Tracker: October-December 2023

Looking back at the performance of the Supreme Court of India in 2023, it is safe to conclude that it made significant headway in clearing the backlog of Constitution Bench cases that it had accumulated in the recent past..A mere glance at the number of pending Constitution Bench matters could lead one to conclude that progress has been marginal. However, the apex court did clear much of its backlog of 5-judge bench cases. The numbers shown here are a reflection of the recent spike in references from smaller benches to constitution benches. .TranscriptsThe Court has created a provision for easily accessing transcripts of arguments made in Constitution Bench matters.You can view the transcripts here: https://main.sci.gov.in/argument-transcripts.InterpretersThe Court is mooting having an interpreter present for all Constitution Bench hearings so that proceedings can be understood by everyone, including deaf persons..CasesVerdicts were delivered in the following cases:Supriyo @ Supriya Chakraborty & Anr. v. Union of India - Same sex marriage.In Re: Article 370 of the Constitution - Abrogation of Article 370Cox and Kings v. SAP Pvt. Ltd. - 'Group of companies' doctrineIn Re: interplay between Indian Stamp Act and Indian Arbitration Act - Unstamped arbitration agreementsVerdicts were reserved or remain reserved in the following cases: High Court Bar Association Allahabad v. State of Uttar Pradesh & Ors. - Automatic vacation of interim stay ordersAssociation for Democratic Reforms & Anr. v. Union of India Cabinet Secretary & Ors. - Electoral bondsTej Prakash Pathak v. Rajasthan High Court - Selection and appointment in public service postsAssam Sanmilita Mahasangha v. Union of India - Citizenship ActSita Soren v. Union of India - MLAs' immunity from prosecution for bribery.Active BenchesA total of 9 benches were active from September-December 2023, of which three benches that included Justice SK Kaul have been dissolved after the judge retired on December 25. It is pertinent to note that as master of roster, Chief Justice of India DY Chandrachud has assigned himself to every Constitution Bench that he has set up since he took office as CJI, which comes up to seven 5-judge benches and three 7-judge benches. .Bench: CJI DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli[Dissolved after Justice Kaul's retirement on December 25].1. Same-sex marriageQuestion of law: Should the right to marry a person of one's choice extend to citizens who belong to the LGBTQIA+ community as well?Cause title: Supriyo @ Supriya Chakraborty & Anr. vs. Union of IndiaRegistered: November 15, 2022| Admitted: April 19, 2023Status: Judgment delivered on October 17, 2023. The Bench unanimously refused to recognize the right of same-sex couples to enter into marriages. By a 3:2 majority, with CJI Chandrachud and Justice Kaul in the minority, the top court also refused to recognise the rights of same-sex couples to enter into civil unions or jointly adopt children. Read more about the case here..Bench: CJI DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai and Surya Kant[Dissolved after Justice Kaul's retirement on December 25].1. Challenge to Abrogation of Article 370Question of Law: Was the Central government's 2019 move to revoke the special status earlier conferred on the erstwhile State of Jammu and Kashmir legally valid?Cause Title: In Re: Article 370 of the ConstitutionRegistered: August 26, 2019 | Admitted: October 10, 2019Status: Judgment delivered on December 11, 2023.The Court unanimously upheld the Central government's decision to abrogate Article 370 of the Constitution on the ground that the same was a transitory provision. Read more about the case here..Bench: CJI DY Chandrachud and Justices Abhay S Oka, JB Pardiwala, Pankaj Mithal and Manoj Misra .1. Automatic vacation of interim stay ordersQuestion of law: Should interim stay orders granted by courts in civil and criminal cases operate only for six months unless specifically extended?Cause title: High Court Bar Association Allahabad v. State of Uttar Pradesh & Ors.Last listed: December 13, 2023Status: Verdict reserved.The question arose after the Supreme Court on December 1, 2023 referred its judgment in Asian Resurfacing Of Road Agency v. Central Bureau Of Investigation to a Constitution Bench. The Bench reserved its verdict after a hearing that lasted under two hours. Notably, none of the counsel present supported the automatic vacation of stay orders..Bench: CJI DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra.1. Electoral BondsQuestion of Law: Is the electoral bonds scheme, which allows anonymous donations to political parties, legally valid?Cause Title: Association for Democratic Reforms & Anr. v. Union of India Cabinet Secretary & Ors.Registered: September 14, 2017 | Admitted: November 1, 2023 Status: Verdict reserved on November 2, 2023. The Bench, before reserving its verdict, asked the Election Commission of India to submit data regarding electoral bonds sold under the scheme up until September 30, 2023..Bench: CJI DY Chandrachud, and Justices Hrishikesh Roy, PS Narasimha, JB Pardiwala and Manoj Misra.1. Applicability of 'group of companies' doctrineQuestion of law: Should the 'group of companies' doctrine be read into Section 8 of the Arbitration Act or can it exist in Indian jurisprudence independent of any statutory provision?Cause title: Cox and Kings v. SAP Pvt. Ltd.Registered: November 23, 2020 | Admitted: November 23, 2020Status: Judgment delivered on December 6, 2023.The Bench ruled that the 'group of companies doctrine' will be applicable to arbitration proceedings in India. It held that non-signatory parties, by virtue of their relationship with the signatory and engagement in commercial activities, cannot be deemed strangers to the dispute under arbitration..Bench: CJI DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra.1. Changing rules of the game during selection processQuestion of Law: Can the criteria for appointment to a post 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 CourtRegistered: November 4, 2020 | Admitted: March 22, 2023 | Last listed: July 18, 2023. Status: Verdict reserved. .2. Appointment of ArbitratorsQuestions of Law: Can courts deviate from the agreed procedure of appointing arbitrators on an application under Section 11 of the Arbitration Act. Are retired employees rendered ineligible to act as the arbitrators in cases involving their former employers?Cause Title: Central Organisation for Railway Electrification v. M/s ECI SPIC SMO MCML (JV) A Joint Venture CompanyRegistered: December 17, 2019 | Admitted: August 24, 2021 | Last listed: September 13, 2023Status: Pending. .3. Scope of "light motor vehicle" driving licenceQuestion of Law: Is a person with a driving licence for “light motor vehicles” entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg?Cause Title: M/s Bajaj Alliance General Insurance Co Ltd v. Rambha Devi & Ors.Registered: January 16, 2018 | Admitted: January 16, 2018| Last listed: November 22, 2023Status: Pending. Next hearing on January 17, 2024. The Court set January 17 as the deadline for the Central government to review the policy that allows persons holding driving licences for light motor vehicles to drive transport vehicles weighing upto 7,500 kg. .4. Appointment of arbitratorsQuestion of Law: Can a person who is himself ineligible to be an arbitrator, appoint an arbitrator?Cause Title: JSW Steel Limited v. South Western Railway & AnrRegistered: May 16, 2022 | Admitted: July 12, 2023 | Last listed: September 13, 2023.Status: Pending. .Bench: CJI DY Chandrachud and Justices AS Bopanna, MM Sundresh, JB Pardiwala and Manoj Misra.1. Citizenship ActQuestion 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 IndiaRegistered: December 20, 2012 | Admitted: November 5, 2015| Last listed: December 12, 2023.Status: Verdict reserved..2. Extension of reservation for SC/ST, Anglo-Indians in Lok SabhaQuestion of Law: Does the extension of reservation for Scheduled Castes/Scheduled Tribes and Anglo-Indians (over the inititally planned 10 years) under the 79th Constitutional Amendment violate Article 14?Cause Titile: Ashok Kumar Jain v. Union of India & Ors.Registered: October 17, 2000 | Admitted: February 26, 2016 | Last listed: September 20, 2023.Status: Pending..Bench: CJI DY Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, Surya Kant, JB Pardiwala and Manoj Misra.[Dissolved after Justice Kaul's retirement on December 25].1. Validity of unstamped arbitration agreementsQuestion of law: Are unstamped arbitration agreements non-existent, unenforceable, or invalid if the underlying contract is not stamped?Cause title: In Re: Interplay between Indian Stamp Act and Indian Arbitration ActRegistered: January 25, 2023 | Admitted: October 11, 2023 |Status: Judgment delivered on December 13, 2023.The Bench unanimously held that while unstamped arbitration agreements are inadmissible, they are not rendered void ab initio (void from the beginning) on account of the fact that they are unstamped. The effect of not paying duty renders an instrument inadmissible, and non-payment of stamp duty is curable, the Court held, thereby overruling the 5-judge bench decision in NN Global Mercantile passed in April 2023..Bench: CJI DY Chandrachud and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, PV Sanjay Kumar and Manoj Misra .1. MLAs' immunity from prosecution for briberyQuestion of Law: Does the immunity conferred on Members of 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 IndiaRegistered: March 7, 2019 | Admitted: December 4, 2018 | Last listed: October 5, 2023Status: Verdict Reserved.The case was referred to a 7-judge bench on September 20 to decide whether the 1998 constitution bench judgment in PV Narasimha Rao v. State needs to be reconsidered..Bench: CJI Chandrachud and Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma.1. Minority status of Aligarh Muslim UniversityQuestion of law: What are the criteria for treating an institution as a minority institution?The reference to a 7-judge bench arose when it was argued that the effect of the 1967 Constitution Bench judgment in Azeez Basha was that no university can be granted minority status despite there being a fundamental right to establish minority institutions under Article 30.Cause title: Aligarh Muslim University Through its Registrar Faizan Mustafa v. Naresh Agarwal & Ors.Registered: April 24, 2006 | Admitted: January 11, 2016 | Last listed: October 12, 2023Status: Pending. Next hearing on January 9, 2024..Cases referred to 7-judge benches that are yet to be constituted.1. Surcharge on sales taxQuestion of law: Can additional surcharge be imposed on the total amount of payable sales tax?The 7-judge bench reference was made to determine whether the Explanation to Section 8 of the Orissa Sales Tax Act violates the constitutional principles of inter-state trade and commerce enshrined in Article 301 of the Constitution.Cause title: Arjun Flour Mills v. State of Orissa Registered: December 2, 1994 | Admitted: October 18, 2016| Last listed: October 12, 2023Status: Pending. Next hearing on January 9, 2024..2. Parliamentary privileges v. fundamental rightsQuestion of law: Can fundamental rights override parliamentary privileges?The case was referred to a 7-judge bench in 2004 in view of the conflict between two judgments. The 1958 MSM Sharma judgment stated that fundamental rights should prevail while the 1965 Keshav Singh verdict stated that fundamental rights were subservient to parliamentary privileges.Cause title: N Ravi & Ors. v. Speaker, Legislative Assembly Chennai & Ors.Registered: November 10, 2003 | Admitted: December 9, 2004 | Last listed: October 12, 2023Status: Pending. Next hearing tentatively in the first week of March 2024..3. Sub-classification within SC/ST categoriesQuestion of law: Was the judgment in EV Chinnaiah v. State of Andhra Pradesh, in which it was held that any ‘sub-classification’ of the Scheduled Castes would violate Article 14 of the Constitution, correct?Cause title: State Of Punjab & Ors. v. Davinder Singh & Ors.Registered: March 4, 2011 | Admitted: February 8, 2016 | Last listed: October 12, 2023Status: Pending. Next hearing on January 17, 2024..4. Passage of laws as money bills to circumvent Rajya SabhaQuestions of law: Can the Finance Act, 2017, which introduced certain amendments to the Finance Act, 1994, can be considered a "money bill" under Article 110 of the Indian Constitution? Were the amendments made through the Finance Act, 2017 within the scope of a money bill and was the procedure followed in passing the bill valid?Cause title: Rojer Mathew v. South Indian BankRegistered: November 13, 2019| Admitted: March 27, 2019 | Last listed: October 12, 2023Status: Pending. Next hearing on January 30, 2024..5. Powers of Assembly Speaker (as laid down in Nabam Rebia)Question of law: Would the issuance of a notice of intention to move a resolution for the removal of a Speaker restrain the Speaker from adjudicating disqualification petitions under the Tenth Schedule of the Constitution? The matter was referred to a 7-judge bench in the Maharashtra politics judgment in May 2023.Cause title: Subhash Desai v Principal Secretary, Governor of MaharashtraRegistered: July 9, 2022 | Admitted: September 7, 2022| Last listed: October 12, 2023Status: Pending. Next hearing tentatively in week commencing March 11, 2024..Cases referred to 9-judge benches that are yet to be constituted.1. Royalty paid for extraction of mineralsQuestion of law: Does royalty paid by mining operators under the Mines and Minerals Development and Regulation Act, 1957, constitute a "tax"?Cause title: Mineral Area Development Authority etc. v. M/S Steel Authority Of IndiaRegistered: July 26, 1999| Admitted: March 30, 2011 |Last listed: October 12, 2023Status: Pending. Next hearing on February 6, 2024..2. Definition of “industry” under the Industrial Disputes Act, 1947Question of law: Are the contours of 'industry' as per Section 2(j) of the Industrial Disputes Act, 1947 (ID Act) different from sovereign functions of State?Cause title: State of UP v. Jai Bir SinghRegistered: January 30, 2002 | Admitted: October 18, 2010 | Last Listed: October 12, 2023Status: Pending. Next hearing tentatively in the third week of March 2024..3. “Material resources of the community” under Article 39(b)Questions of law: Does private property come under 'material resources of the community' for acquisition purposes?Would a constitutional amendment, once struck down, revive the original or substituted Article?Cause title: Property Owners Association v. State of MaharashtraRegistered: February 6, 2002 | Admitted: August 17, 2016 | Last listed: October 12, 2023Status: Pending. Next hearing on February 6, 2024..4. Levy of taxes/duties on denatured spiritsQuestion of law: How must Section 18G of the the Industries (Development and Regulation) Act, 1951, which permits Central government to ensure that certain products related to scheduled industries are distributed fairly, interpreted? Cause title: State of UP v. Lalta Prasad VaishRegistered: January 8, 2007 | Admitted: July 19, 2016 | Last Listed: October 12, 2023Status: Pending. Next hearing on February 20, 2024..Supreme Court Constitution Bench Tracker: July - September 2023