The Supreme Court has constituted a nine-judge Constitution Bench, which is set to address four pivotal cases that hold significant implications for the nation’s legal framework.
One of the primary cases before the bench pertains to the interpretation of the term “consultation” in the appointment of High Court judges. The core question revolves around whether “consultation” implies “concurrence” or is it merely an act of “taking into account.” The case raises the intricate query,
“Does ‘consultation’ mean the Chief Justice of India’s opinion has primacy or is it just one of the opinions?”
Another case that the bench will examine concerns the determination of the “basic structure” of the Constitution. The bench is tasked with evaluating whether the power of Parliament to amend the Constitution is bound by the principle that certain core features are inviolable and beyond alteration.
Additionally, the bench will address the scope and interpretation of the term “minority” under Articles 29 and 30 of the Constitution. This case will delve into the complexities surrounding the rights of minority educational institutions.
Lastly, the bench will consider the validity of laws that allow for the regularization of unauthorized constructions. This case will explore the balance between urban development and the rule of law, especially in the context of illegal constructions.
These cases, under the scrutiny of the nine-judge Constitution Bench, are anticipated to yield landmark judgments that could shape the trajectory of Indian jurisprudence. As the bench embarks on its deliberations, the legal fraternity and the nation await decisions that could redefine key aspects of the Constitution and the broader legal landscape.
