Supreme Court Constitution Bench Tracker: March - May 2023

The momentum that the Supreme Court gained at the beginning of the year in hearing Constitution Bench matters, continued throughout the first quarter of 2023.

As a result, the number of pending five-judge bench matters (out of the cases listed) is now lesser than the number of cases that have been heard completely with judgments reserved or delivered.

However, the Supreme Court's official statistics as of May 1, in comparison with those of previous months, reflect the fact that while much headway has been made in the matters that were listed in August 2022, several new cases have been referred to 5-judge constitution benches.

Developments in March-May 2023 in a nutshell

Benches

After the Justice Abdul S Nazeer led bench was dissolved post his retirement in January, only three of the original benches that functioned in 2022 under the aegis of then Chief Justice of India (CJI) UU Lalit remained active in March and April 2023. These are the benches headed by present CJI DY Chandrachud and Justices SK Kaul and KM Joseph.

However, two new benches were constituted, both headed by CJI Chandrachud. One of the benches was constituted specifically to hear the same-sex marriage petitions.

Apart from this, the apex court has also stated that it would constitute a constitution bench to hear the petition challenging the practice of bigamy among Muslims "at an appropriate time".

Cases

Verdicts were delivered in the following cases:

1. Anoop Baranwal v. Union of India & Ors. - Challenge to the system of appointments to Election Commission of India;

2. NN Global Mercantile Pvt Ltd v. Indo Unique Flame Ltd & Ors. - Validity of arbitration agreement embedded in an unstamped document;

3. Union of India v. Union Carbide Corporation - Adequacy of compensation to Bhopal gas tragedy victims;

4. Shilpa Sailesh v. Varun Sreenivasan - extent of the Supreme Court's powers under Article 142, to dissolve marriage;

5. Government of NCT of Delhi v. Union of India - Tussle over administrative control on transfers and postings of bureaucrats/officers in Delhi;

6. Subhash Desai vs Principal Secretary, Governor of Maharashtra & Ors. - Challenge to the formation of the Eknath Shinde-led BJP government in Maharashtra;

7. Animal Welfare Board of India v. Union of India - Challenge to amendments made by the Tamil Nadu government permitting Jallikattu.

Verdicts have been reserved (or remain reserved) in the following cases:

1. CBI v. RR Kishore - Retrospective application of immunity against arrest;

2. Supriyo @ Supriya Chakraborty & Anr. v. Union of India - Same sex marriage.

Only 6 (listed) cases remain for which hearings are pending.

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

This bench will be dissolved upon Justice Shah's's retirement on May 15, 2023 which falls during the Court's summer vacation.

1. Citizenship Act

Question of law: Challenge to Section 3(1)(a) of Citizenship Act, 1955 and 6A of Citizenship Act, 1985 that provides 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: January 10, 2023.

Status: Pending.

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, whether rebel MLAs should be disqualified, 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|

Status: Judgment delivered on May 11, 2023.

The Court held that the decision of former Maharashtra Governor Bhagat Singh Koshyari's decision to call for a floor test based on the request of 34 MLAs of the Eknath Shinde faction was incorrect. However, it held that the status quo cannot be restored now since Thackeray did not face the floor test and chose to resign instead.

It also referred to a larger bench, issues relating to the powers of the Speaker of a State Legislative Assembly as laid down in the 2016 judgment in Nabam Rebia.

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 bureaucrats/ officers in Delhi.

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

Registered: September 5, 2016 | Admitted: September 9, 2016 |

Status: Judgment delivered on May 11, 2023.

The Court held that the Delhi government would have control over all services in the national capital, including the Indian Administrative Service (IAS), except those pertaining to land, police and law and order. 

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: November 1, 2022

Status: Pending.

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

1. 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: January 12, 2023

Status: Judgment delivered on March 14, 2023.

The Court rejected the curative petition filed by the Central government seeking additional compensation to be paid by Union Carbide Corporation to the victims of the Bhopal gas tragedy. It said that reopening the issue will only open a pandora's box and will be detrimental to the claimants.

2. Retrospective application of immunity against arrest

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

Cause title: CBI v. RR Kishore

Registered: March 12, 2007 | Admitted: November 3, 2015 | Last listed: November 2, 2022

Status: Heard. Verdict reserved.

3. Court's power under Article 142 of Constitution

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 |

Status: Judgment delivered on May 1, 2023.

The Court held that it can exercise its plenary powers under Article 142 of the Constitution to grant a decree of divorce to consenting parties, in cases of irretrievable breakdown of marriage. It also outlined some of the factors that can be taken into consideration that would indicate irretrievable breakdown.

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

This bench will be dissolved upon Justice Joseph's retirement on June 17, 2023 which falls during the Court's summer vacation.

1. WhatsApp's privacy policy

Question of law: Does WhatsApp's privacy policy (introduced 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: April 12, 2023.

Status: Pending. Next hearing after 2023 monsoon session of the parliament.

The Court deferred the hearing based on a submission by the Central government that the Data Protection Bill, 2022 will be placed before the parliament in the monsoon session.

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 | 

Status: Judgment delivered on March 2, 2023.

The Court held that the appointment of members of the ECI should be done by the President of India on the advice of a committee comprising the Prime Minister, Chief Justice of India and the Leader of Opposition (or the leader of single largest opposition party) in the Lok Sabha. This is to be the setup until the Central government comes up with a law on appointments.

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 |

Status: Judgment delivered on May 18, 2023.

The Court upheld the validity of amendments made by the State government permitting Jallikattu. The amendments have been introduced to reduce pain and suffering of bovines and to allow the sport to continue, the Court opined.

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

Registered: November 23, 2020 | Admitted: November 23, 2020

Status: Judgment delivered on April 25, 2023.

The Court held, by a 3:2 opinion, that unstamped arbitration agreements are not valid in law. Justices Joseph, Bose, and Ravikumar had the majority view while Justices Rastogi and Roy dissented, opining that unstamped arbitration agreements are valid at the pre-referral stage.

NEW BENCHES

Bench: CJI DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli.

1. Same-sex marriage

Question 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. v. Union of India

Registered: November 15, 2022| Admitted: April 19, 2023|Last listed: May 11, 2023

Status: Heard. Verdict reserved.

Read more about the 10 days of elaborate hearings here.

Bench: CJI DY Chandrachud, and Justices Hrishikesh Roy, PS Narasimha, JB Pardiwala, and Manoj Misra

1. Applicability of 'group of companies' doctrine

Question 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, 2020 | Last listed: March 28, 2023.

Status: Pending.

2. 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: November 4, 2020 | Admitted - March 22, 2023 | Last listed - September 13, 2022

Status: Pending.

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.