Chief Justice of India Surya Kant on Tuesday indicated that the Supreme Court will soon constitute seven-judge Constitution Benches to hear long-pending references awaiting consideration before such larger benches.
The remark came while the CJI was adjourning the hearing of a matter. He observed that he may not have sufficient time to continue hearing the present case as the Court was preparing to commence hearings before seven-judge benches shortly.
CJI Surya Kant declared his intention to set up seven-judge benches without delay, indicating that the apex court is set to take up important constitutional references that have remained pending for years.
The development assumes significance as the Supreme Court has, in recent months, focused on clearing old Constitution Bench matters involving substantial questions of law.
Earlier this year, the Court concluded hearings in two major matters pending before nine-judge benches. In March, a nine-judge bench completed hearing the reference concerning the interpretation of the term industry under labour laws. More recently, the Court concluded hearings in the Sabarimala reference case, which involves questions relating to the interplay between religious freedom and constitutional rights.
With the completion of these two nine-judge bench hearings, attention is now expected to shift towards matters awaiting adjudication before seven-judge benches.
According to data available on the National Judicial Data Grid (NJDG), five matters involving a total of 34 appeals are currently pending before seven-judge benches of the Supreme Court. Constitution Benches comprising seven or more judges are constituted in cases involving substantial questions concerning the interpretation of the Constitution or when earlier decisions delivered by smaller benches require reconsideration.
The proposed constitution of seven-judge benches signals the Court’s intent to address long-pending constitutional issues and streamline the backlog of larger bench references pending before the apex court.
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