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Supreme Court Constitution Bench Tracker: October-November 2022

1. Changing rules of the game during selection process

Question of law: Can the criteria for appointment to a post can be altered by the authorities concerned in the middle or after the process of selection has started?

Cause title: Tej Prakash Pathak v. Rajasthan High Court

Registered: March 20, 2013 | Admitted – March 20, 2013 | Last listed – September 13, 2022

Status: Pending, to be placed before CJI for constitution of appropriate bench.

2. Muslim marriage laws permitting polygamy

Question of law: Challenge to the constitutionality of the practice of polygamy, nikah halala, nikah mut’ah and nikah al-misyar.

Cause title: Sameena Begum v. Union of India

Registered: March 16, 2018 | Admitted – August 30, 2022 | Last listed – August 30, 2022

Status: Pending, notice issued. On August 30, the Bench noted that the matter would take a while to be decided, since multiple customs are under challenge. Final hearings after October 15.

3. Remission policy

Question of law: Can a policy can be framed in exercise of powers under Article 161, whereby the executive can grant remission without placing records before the Governor?

Cause title: Pyare Lal v. State of Haryana

Registered: July 4, 2017 | Admitted – July 4, 2017 | Last listed – September 13, 2022

Status: Pending. Directions issued to list before appropriate bench in October.

4. Declaring Muslims as a whole as SEBC

Question of Law: Can Muslims, as a community, be declared socially and educationally backward class (SEBC) as per Articles 15 and 16 of the Constitution?

Cause title: State of Andhra Pradesh v. B Archana Reddy

Registered: December 14, 2005 | Admitted – February 29, 2016 | Last listed – September 6, 2022

Status: Pending, No orders.

5. Reservation for Sikhs in Punjab

Question of law: Challenge to notification declaring Sikh educational institutions in Punjab to be ‘minorities’, thereby, permitting them to reserve 50 percent seats for members of the Sikh community.

Cause title: Shiromani Gurudwara Prabandhak Committee v. Shail Mittal

Registered: January 31, 2008 | Admitted – January 11, 2016 | Last listed – August 30, 2022

Status: Pending, adjourned.

6. Regional benches of Supreme Court for appeals

Question of law: Demand for Courts of Appeal with exclusive jurisdiction to hear and finally decide appeals from High Courts.

Cause title: V Vasanthakumar v. HC Bhatia

Registered: January 15, 2016 | Admitted – February 26, 2016 | Last listed – August 30, 2022

Status: Pending, adjourned.

Source: Barandbench

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