Key constitution bench cases pending as Chief Justice nears retirement

With just 15 working days left before his retirement on November 8, Chief Justice of India DY Chandrachud is set to deliver judgments on several constitution bench cases.

In Short

• CJI DY Chandrachud to deliver judgments on key cases before retirement
• Decision awaited on AMU's minority status under Article 30
• Verdict on industrial liquor regulation and wealth redistribution pending

With just 15 working days left before his retirement on November 8, Chief Justice of India (CJI) DY Chandrachud is set to deliver judgments on several constitution bench cases.

India Today reviews the major pending cases.

Minority status for Aligarh Muslim University

A seven-judge bench reserved judgment in February on whether Aligarh Muslim University (AMU) qualifies as a minority institution under Article 30 of the Indian Constitution.

Article 30 of the Constitution provides that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Can recruitment rules be amended after process begins?

A five-judge bench will decide if recruitment rules can be changed mid-process. The case, which pertains to recruitment changes in Rajasthan in 2013, was reserved in July 2023. The judgment could impact government job aspirants.

The candidates who had already appeared for a written examination and a viva-voce were informed that only candidates who would score at least 75 per cent in their examination would qualify for appointment. The verdict will have a wide impact on aspirants who appear for examinations to obtain government jobs of this nature.

Assam National Register of Citizens valid

The court will rule on petitions challenging Section 6A of the Citizenship Act, 1955. This section relates to citizenship rights for those who entered Assam between 1966 and 1971 under the Assam Accord.

A five-judge bench comprising CJI DY Chandrachud, Justices Suryakant, MM Sundresh, JB Pardiwala and Manoj Mishra reserved the order in December 2023.

Section 6A is a special provision which was inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985 by the government with the leaders of the Assam Movement.

Who regulates industrial liquor?

A nine-judge bench is expected to rule on whether the regulation of industrial liquor falls under state or central jurisdiction. This verdict holds significant financial implications for both.

The verdict assumes significance as it affects a significant source of revenue for both the Centre and for the states.

Wealth redistribution under Article 39(B)

A nine-judge bench will decide if the government has the authority to requisition and redistribute private property under Article 39(b) of the Constitution, which concerns resource distribution for the common good.

What is Article 39 (b) and 31 (c) of the Constitution?

Article 39(b) falls under the Directive Principles of State Policy of the Constitution, which provides that ownership and control of the material resources of the community are so distributed as best to subserve the common good. Article 31(c) protects laws giving effect to certain directive principles.

What is the issue before the Supreme Court?

The key issue before the court concerns two provisions in the Constitution - Article 31c and Article 39(b). Both these Articles are part of the Directive Principles of State Policy. The Constitution says it shall be the duty of the state to apply these principles in making laws. The verdict is expected to determine the consequences of a judicial striking down of an amendment and whether private property can be acquired under the aegis of Article 39(b).

Other case: Byju's

The Supreme Court to pronounce its judgement on the plea by foreign investors of Byju's seeking intervention in the ongoing case filed by US lender GLAS Trust Co LLC against setting aside of the insolvency proceedings against Byju's and restoration of its board by the National Company Law Appellate Tribunal.

The three-judge bench, while reserving the order, had also clarified that until the judgment is pronounced, the interim resolution professional shall maintain status quo and shall not hold any meeting of the committee of creditors.

RG Kar Hospital

A Supreme Court bench to hear the suggestions made by the National Task Force over the safety and security of the doctors and para medical staff across the country. The CJI had taken suo Motu cognisance of the case after the rape and murder at the Kolkata hospital.

Pension of judges

The Supreme Court bench headed by CJI DY Chandrachud will also decide on the pension related cases of district judiciary across the country, including the salaries of some high court judges who got stuck in the absence of the transfer of their GPF accounts.