Breaking: Indu Malhotra, Rohinton Nariman JJ to be part of Section 377 Constitution Bench
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Breaking: Indu Malhotra, Rohinton Nariman JJ to be part of Section 377 Constitution Bench

Bar & Bench

The composition of the Constitution Bench which has been hearing a batch of cases in Supreme Court has been changed.

Justices Rohinton Nariman and Indu Malhotra will now be part of the Bench along with Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud.

Earlier, Justices AK Sikri  and Ashok Bhushan were part of the Bench along with Misra J., Khanwilkar J. and Chandrachud J.

The new Bench will hear at least four cases starting from July 10. The first in the list is the challenge to Section 377 of Indian Penal Code.

In January this year, the Supreme Court said that it will reconsider its 2013 judgment in Suresh Kumar Koushal, wherein it had upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalises homosexuality. In a 2016 petition filed by five persons challenging Section 377, the Court issued notice to the Centre and referred the matter to a larger Bench.

A recently published notice on the Supreme Court website revealed that the challenged to Section 377 would be heard by a Constitution Bench from July 10 onwards.

Besides the challenge to Section 377, three other cases have also been listed for hearing. The cases that the Constitution Bench will take up for hearing are:

  1. Entry of women between the age of 15 and 50 in the sanctum sanctorum of Sabrimala Temple
  2. Validity of the Adultery Law under Section 497 of the Indian Penal Code
  3. Whether a legislator can be disqualified on account of a chargesheet filed against him/her or should it be done only upon conviction?
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