NEW DELHI: Chief Justice D Y Chandrachud has decided to dust out 250 matters, referred to either seven-judge or nine-judge benches and pending for decades, and prepare a schedule of listing of these matters which include the sensitive issue of sub-classification of backwardness of communities within the scheduled caste category for redistribution of the quota.
The oldest case among the petitions pending before a nine-judge bench is the one between Mineral Area Development Authority and Steel Authority of India – a batch of 84 petitions are pending since 1999. The total number of matters, including this one, to be listed phase-wise before nine-judge benches are 177 and the second largest is the group of 40 matters tagged with the case of the State of Uttar Pradesh vs Jai Bir Singh. However, the 73 matters, categorised into six groups and to be heard by seven-judge benches, include several important issues – re-distribution of quota within SC reservation depending on the backwardness of the communities; the reconsideration of the SC’s five-judge bench judgment in the Nabam Reba case through which the SC had restrained the Speaker from deciding disqualification petitions against MLAs if a motion for his own removal is pending; and the contentious issue of minority status of Aligarh Muslim University (AMU).
Interestingly, the CJI did not pick the group of petitions which challenge the validity of custom barring women in the age group of 10-50 years from entering Kerala’s Sabarimala temple and another batch of petitions challenging ban on entry of women into mosques and agiyaris of Parsis.
A five-judge SC bench had earlier allowed women of all ages into Sabarimala temple, but later while considering petitions seeking review of that judgment, had referred the issue to a seven-judge bench. Without putting the case in the open court hearing, the then CJI S A Bobde had used his discretionary powers to refer the issue to a nine-judge bench.
The oldest case among the petitions pending before a nine-judge bench is the one between Mineral Area Development Authority and Steel Authority of India – a batch of 84 petitions are pending since 1999. The total number of matters, including this one, to be listed phase-wise before nine-judge benches are 177 and the second largest is the group of 40 matters tagged with the case of the State of Uttar Pradesh vs Jai Bir Singh. However, the 73 matters, categorised into six groups and to be heard by seven-judge benches, include several important issues – re-distribution of quota within SC reservation depending on the backwardness of the communities; the reconsideration of the SC’s five-judge bench judgment in the Nabam Reba case through which the SC had restrained the Speaker from deciding disqualification petitions against MLAs if a motion for his own removal is pending; and the contentious issue of minority status of Aligarh Muslim University (AMU).
Interestingly, the CJI did not pick the group of petitions which challenge the validity of custom barring women in the age group of 10-50 years from entering Kerala’s Sabarimala temple and another batch of petitions challenging ban on entry of women into mosques and agiyaris of Parsis.
A five-judge SC bench had earlier allowed women of all ages into Sabarimala temple, but later while considering petitions seeking review of that judgment, had referred the issue to a seven-judge bench. Without putting the case in the open court hearing, the then CJI S A Bobde had used his discretionary powers to refer the issue to a nine-judge bench.
