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.
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NEW DELHI: With only 15 working days remaining before his retirement on November 8, Chief Justice of India (CJI) DY Chandrachud is poised to deliver crucial judgments on several constitution bench cases.
These rulings are highly anticipated as they will shape key aspects of Indian constitutional and legal frameworks.
Minority Status of Aligarh Muslim University
One of the significant cases is the question of whether Aligarh Muslim University (AMU) qualifies as a minority institution under Article 30 of the Indian Constitution. A seven-judge bench reserved its judgment on this matter back in February.
Article 30 of the Constitution guarantees that
“all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”
This decision will have far-reaching consequences for educational institutions across the country, especially those that serve minority communities.
Can Recruitment Rules Be Amended After the Process Begins?
Another major case under review involves the issue of whether recruitment rules can be modified once the recruitment process is underway.
This case, which pertains to changes in recruitment rules in Rajasthan in 2013, was reserved in July 2023 and is being heard by a five-judge bench.
The case became particularly contentious when candidates who had already completed the written exam and viva-voce were informed that they would now need to score at least 75% to qualify for appointments. The outcome will significantly impact “government job aspirants” as it addresses the fairness of altering eligibility criteria mid-process.
Assam National Register of Citizens (NRC)
The Supreme Court is also set to deliver a ruling on the petitions challenging Section 6A of the Citizenship Act, 1955. This section specifically relates to citizenship rights for those who entered Assam between 1966 and 1971 under the Assam Accord.
The five-judge bench, which includes CJI DY Chandrachud and Justices Suryakant, MM Sundresh, JB Pardiwala, and Manoj Mishra, reserved the order in December 2023.
Section 6A was a special provision added to the Citizenship Act in line with the Assam Accord, a Memorandum of Settlement signed on August 15, 1985, by the Government of India and leaders of the Assam Movement. The verdict is expected to clarify the future of citizenship laws in Assam.
Who Regulates Industrial Liquor?
A nine-judge bench will soon decide whether the regulation of industrial liquor falls under the jurisdiction of the state or the central government.
This case has significant financial implications, as industrial liquor is a major revenue source for both “the Centre and the states.”
Wealth Redistribution Under Article 39(B)
A nine-judge bench is also deliberating whether the government has the authority to requisition and redistribute private property under Article 39(b) of the Indian Constitution, which deals with resource distribution for the common good.
Article 39(b) falls under the Directive Principles of State Policy, aiming to ensure that the “ownership and control of material resources of the community” are distributed in a manner that benefits the common good.
Additionally, Article 31(c) protects laws that give effect to these directive principles. The key issue is whether private property can be acquired under the framework of Article 39(b), especially when a judicial amendment is struck down.
The outcome will clarify how wealth redistribution laws interact with constitutional property rights.
Byju’s Case
In another notable case, the Supreme Court is set to rule on a plea by foreign investors in Byju’s. The investors are seeking intervention in an ongoing case involving US lender GLAS Trust Co LLC, which seeks to set aside insolvency proceedings and restore Byju’s board as ordered by the National Company Law Appellate Tribunal (NCLAT).
The three-judge bench reserved its order but has made it clear that “the interim resolution professional shall maintain status quo” until the final judgment is pronounced.
Additionally, the committee of creditors has been instructed not to hold any meetings during this period.
RG Kar Hospital Incident
The court will also address the safety and security of medical professionals across India. This case was taken up suo motu by the CJI following the horrific rape and murder at the RG Kar Medical College in Kolkata.
The Supreme Court will consider the recommendations made by the National Task Force on this matter.
Pension of Judges
Lastly, the CJI will be ruling on cases concerning the pensions of district judiciary members across the country, including the issue of some high court judges whose salaries were delayed due to the non-transfer of their General Provident Fund (GPF) accounts.
These upcoming rulings, spanning constitutional, social, and financial issues, mark a significant chapter in Chief Justice DY Chandrachud’s legacy as he nears retirement.
Click Here to Read Previous Reports on CJI Chandrachud
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