New Constitution Bench formed by Supreme Court to hear two cases

The Supreme Court of India has constituted a new Constitution bench to hear two cases. .The new Constitution bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, JB Pardiwala, and Manoj Misra and will sit from March 21, Tuesday.The bench is scheduled to hear the following two cases:.Cox and Kings vs SAP Pvt LtdThis matter arose out of arbitration proceedings and will consider the issues concerning group of companies doctrine.The "group of companies" doctrine states that a non-signatory may be bound by an arbitration agreement if it is a member of the same group of companies as the signatory and all of the parties to the arbitration agreement mutually intend that the non-signatory be bound by it.The following issues will be considered by the bench. -Whether the group of companies doctrine should be read into Section 8 of the [Arbitration] Act or whether it can exist in Indian jurisprudence independent of any statutory provision? -Whether the group of companies doctrine should continue to be invoked on the basis of the principle of ‘single economic reality’? -Whether the group of companies doctrine should be construed as a means of interpreting the implied consent or intent to arbitrate between the parties? -Whether the principles of alter ego and/or piercing the corporate veil can alone justify pressing the group of companies doctrine into operation even in the absence of implied consent?.Tej Prakash Pathak and ors vs Rajasthan High Court and orsIn this matter, the top court will deal with the question of whether State instrumentalities can change eligibility rules after a selection process has begun. In other words, can the criteria for appointment to a post be altered by authorities concerned in the middle or after the process of selection has started? The question in the reference order reads as follows:"No doubt it is a salutary principle not to permit the State or its instrumentalities to tinker with the ‘rules of the game’ insofar as the prescription of eligibility criteria is concerned as was done in the case of C Channabasavaiah v. State of Mysore [AIR 1965 SC 1293] etc. in order to avoid manipulation of the recruitment process and its results. Whether such a principle should be applied in the context of the ‘rules of the game’ stipulating the procedure for selection more particularly when the change sought is to impose a more rigorous scrutiny for selection requires an authoritative pronouncement of a larger Bench of this Court."The matter was earlier listed before a Constitution bench led by Justice Indira Banerjee, but that bench was dissolved after her retirement on September 23 last year.