Supreme Court’s New Constitution Bench to Address Three Significant Constitutional Cases
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The Supreme Court has recently constituted a new Constitution Bench, poised to commence hearings on three significant cases from September 20, 2023. The bench, consisting of CJI DY Chandrachud, Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Mishra, will address matters that hold immense constitutional relevance.
The case of Assam Public Works v. Union of India pertains to the Assam NRC and the Citizenship Act. This case challenges the constitutional validity of Section 6A of the Citizenship Act. Introduced in 1985 as a result of the Assam Accord, this section stipulates that individuals who entered India between January 1, 1966, and March 25, 1971, and have since resided in Assam, are eligible for Indian citizenship. The challenge was initiated by Assam Sanmilita Mahasangha, a Guwahati-based civil society organisation. They argue that Section 6A is
“discriminatory, arbitrary, and illegal”
as it provides different cut-off dates for regularizing illegal migrants in Assam compared to the rest of India.
In the case of Ashok Kumar Jain v. Union of India, the focus is on reservations in Legislative Assemblies. This case challenges the 79th Constitutional Amendment Act, 1999, which altered Article 334 of the Constitution. This amendment extended reservations for the Anglo-Indian community, Scheduled Castes, and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies. The petitioner contends that the amendment
“violated Right to Equality under Article 14 of the Constitution”
as it repeatedly extended restricted reservations, undermining the democratic rights of those outside the reserved communities.
Lastly, the case of Sita Soren v. Union of India revolves around the protection of legislators from bribery charges. Sita Soren, a member of the Jharkhand Mukti Morcha, was accused of accepting bribes for voting in the 2012 Rajya Sabha Elections. The central issue here is,
“Whether Article 105/194 (2) of the Constitution of India confers any immunity on the Members of Parliament/Legislative Assembly from being prosecuted for an offence involving offer or acceptance of bribe to caste vote in a legislature?”
These cases, with their profound implications, underscore the evolving nature of constitutional challenges and the pivotal role of the Supreme Court in addressing them.
