The Top Court will Start Listing Twenty-Five Constitution Bench Matters Pending before it from August 29

The Top Court will start listing twenty-five Constitution bench matters pending before it from August 29. The SC has announced that these matters that are before the five-judge Constitution bench will be listed for directions, including the filing of a common compilation, the filing of short written submissions, and an indication of the time it will take lawyers to present their arguments.

The list of cases includes the following:

1. Is there a need for having exclusive Courts of Appeal, with exclusive jurisdiction to decide a large number of routine cases;

2. Constitutional challenge to the 113th Amendment to the Constitution, which provides for reservations for economically disadvantaged communities;

3. Privacy policy of Whatsapp and its users' right to privacy;

4. Top Court's power under Article 142 to dissolve a marriage between parties;

5. The constitutional validity of state legislation declaring all members of the Muslim community in Andhra Pradesh as part of the “Backward Classes”;

6. Granting minority status to Sikhs in Punjab;

7. Petition concerning internet safety and seeking directions for the government to assure personal information;

8. Challenge to the prevalent practice of polygamy including Nikah Misyar, Nikah Halala, and Nikah Mutah;

9. By using Article 161 of the Constitution, can the executive frame a policy to grant remission without presenting records to the governor;

10. Are Legislators immune from prosecution under Article 194(2) of the Constitution for accepting bribes to vote in Parliament or an Assembly;

11. DPSE Act Section 6A(1), which provides immunity for individuals above the Joint Secretary level, is being challenged in court;

12. Plea challenging the current system for appointing members of the Election Commission of India (ECI);

A recent research project by Vidhi Centre highlighted in detail the pendency of Constitution bench cases before the SC and the need to set up more Constitution Benches to hear such cases.

As per the report, 492 cases are pending before the Constitution Benches of the Supreme Court. Among these cases, 41 are main matters, a decision which disposes of most of the related cases as well. There are 301 connected matters to the 41 main matters pending before the 5-judge benches of the Supreme Court.

For 7-judge benches, there are 7 main and 8 connected matters. Further, there are 5 main and 130 connected matters pending before 9-judge benches.