The Supreme Court of India is preparing to announce several pivotal verdicts as the year progresses, especially in light of the upcoming retirement of two of its prominent judges. Justice Ravindra Bhat, after serving a tenure of four years, is set to retire on October 20, 2023. Meanwhile, Justice Sanjay Kishan Kaul, with over six years on the bench, will bid adieu on December 25, 2023.
Both justices have been instrumental in two significant Constitution benches that delved into pressing constitutional matters. One of these benches addressed the contentious issue of the abrogation of Article 370, which had conferred special status to Jammu and Kashmir. The other pivotal matter under their purview pertains to the legal acknowledgment of same-sex marriages in India.
Regarding the latter, a Constitution bench, which included Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha, engaged in deliberations and subsequently reserved its judgment earlier this year in May. The court’s decision on this matter is keenly awaited and is anticipated to be announced by October 20, aligning with Justice Ravindra Bhat’s retirement. This judgment is particularly momentous, given that it follows the landmark 2018 ruling that decriminalized homosexuality in India, a decision that was commemorated on September 6, 2023.
Additionally, the court, nearly four years post the abrogation of Article 370, has been examining a series of pleas that challenge the central government’s 2019 decision to revoke Jammu & Kashmir’s special status. This bench, comprising Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, concluded its extensive sixteen-day arguments on September 5. The impending retirement of Justice Sanjay Kishan Kaul this December adds a layer of anticipation to this awaited verdict.
Justice Kaul is also at the helm of a bench revisiting the controversial provisions of the Prevention of Money Act, which the Supreme Court upheld in 2022. The court is set to determine if the judgment sufficiently addresses the concerns raised in the petitions and if there’s a need for a larger bench to reconsider the matter.
Both Justice Kaul and Justice Bhat are overseeing other significant cases, with potential landmark directions expected before their respective retirements. These include matters like women’s reservation in local body elections in Nagaland, the feasibility of physically summoning women by the Enforcement Directorate, and the rollout of the NALSA women’s integrated help system across states and union territories.
Furthermore, in response to recent episodes of violence within court premises in the National Capital, both justices have been proactive in issuing directives to bolster safety and uphold the court’s sanctity. Reports on enhanced security measures and digitization initiatives are slated for release by October 10, 2023, underscoring the court’s dedication to fostering a secure and streamlined judicial environment.