From PILs challenging CAA, abrogation of Article 370 to pleas seeking stay on electoral bonds, Supreme Court has a hectic month ahead

  • The Supreme Court is expected to hear a host of petitions when it reopens on Monday after long winter break, including PILs challenging constitutional validity of CAA and the abrogation of Article 370 in January

  • The Sabarimala review petition is also expected to be listed this January before a seven-judge bench of the Supreme Court

  • A bench of the Allahabad High Court will pronounce its order on a PIL seeking panel inquiry on the police action against AMU students

The Supreme Court of India will open after a long winter break next week and host of important cases await hearing as the bench assembles on Monday. Similarly, many important cases are listed before different high courts which have already started working at the beginning of the New Year.

Tata Sons Private Limited Appeal against NCLAT order

The Tata Sons Private Limited (TSPL) moved the Supreme Court on 2 January against National Company Law Appellate Tribunal (NCLAT) order which reinstated Cyrus Mistry as the executive chairman of the group. TSPL had challenged the NCLAT order making a plea that it has “undermined corporate democracy” and the “rights of its board of directors”.

 From PILs challenging CAA, abrogation of Article 370 to pleas seeking stay on electoral bonds, Supreme Court has a hectic month ahead

File image of the Supreme Court of India. Reuters

Sabarimala Review Petition

The Sabarimala review petition is expected to be listed before a seven-judge bench of the Supreme Court in January. On 14 November, the Supreme Court pronounced its judgment in Sabarimala review petition and referred the matter to a seven-judge bench and held that restrictions on women in religious places were not limited to Sabarimala alone and was prevalent in other places of worship as well. The apex court, in a split 3:2 verdict, observed that the case did not only concern the entry of women to the Sabarimala shrine but will have larger ramification on all aspects where religious rights are pitted against principles of gender parity.

Petitions against the Citizenship Amendment Act (CAA)

Several petitions were filed challenging the constitutional validity of the Citizenship Amendment Act (CAA) passed by parliament last year. On 18 December, the Supreme Court while refusing to stay the implementation of the Citizenship Amendment Act (CAA) 2019 that seeks to grant citizenship to non-Muslim migrants belonging to Hindu, Sikh, Buddhist, Christian, Jain and Parsi communities who came to India from Pakistan, Bangladesh and Afghanistan on or before 31 December 2014, agreed to examine its constitutional validity. The apex court had issued notice to the Centre and sought its response by the second week of January and had fixed hearing on 22 January as the next date of hearing these petitions.

Petition challenging revoking of Article 370

The Supreme Court will hear a batch of pleas challenging the constitutional validity of the Centre's decision to abrogate Article 370, which gave special status to the erstwhile state of Jammu and Kashmir. On 11 December, the bench of Justices NV Ramana, SK Kaul, R Subhash Reddy, BR Gavai and Surya Kant had deferred the hearing in the matter until January 2020.

Petition challenging Electoral Bonds

On 4 December, the Supreme Court agreed to hear a petition filed by advocate Prashant Bhushan seeking to stay the implementation of the electoral bonds scheme. The court agreed to hear the case in January this year.

Prashant Bhushan, appearing for petitioner Association of Democratic Reforms (ADR) had said that “the scheme opened the floodgates of unlimited corporate donations to political parties and anonymous financing by Indian as well as foreign companies that can have serious repercussions on democracy in the country”.

Cases before the Allahabad High Court

The Allahabad High Court on 2 January reserved its order in a PIL filed to form a panel to inquire about the police action against the students of Aligarh Muslim University during anti-Citizenship Amendment Act protest on 15 December. The bench comprising of Chief Justice Govind Mathur and Justice Vivek Varma will pronounce the order on 7 January.

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Updated Date: Jan 03, 2020 17:15:08 IST