421 Constitution Bench matters pending in SC

Satya Prakash

Tribune News Service

New Delhi, October 19

There are 421 Constitution Bench matters, including the challenge to nullification of Article 370 of the Constitution, pending in the Supreme Court where 69,922 cases awaited adjudication as on October 1 this year.

Pending matters

• Validity of nullification of Article 370
• Minority status of Aligarh Muslim University
• 10% quota to EWS in public employment and education

69,922 Cases await adjudication as on October 1, 2021

According to data released on the Supreme Court’s website, there were 271 five-judge Bench matters, 15 seven-judge Bench matters and 135 nine-judge Bench matters.

The top court has categorised 49 of the 421 Constitution Bench cases as “main matters”, while the rest 372 have been described as “connected matters”.

This is 132 Constitution Bench matters less than the October 1, 2019, figure of 553 — which included 56 “main matters” and 497 “connected matters”. On the same date last year, the total number of pending Constitution Bench cases stood at 430 (44 “main matters” and 386 “connected matters”).

Generally, the Supreme Court sits in Division Benches, comprising two or three judges. However, cases involving substantial questions of law with regard to interpretation of the Constitution are referred to a Constitution Bench consisting of five or more judges.

In his capacity as the “master of roster”, the Chief Justice of India decides on the composition of Benches, including Constitution Benches. Once the Supreme Court clarifies the legal position on an important constitutional issue, it leads to early disposal of a large number of cases that otherwise hang fire.

In August last year, petitions challenging the Centre’s decision to grant 10 per cent reservation to EWS of the general category in public employment and education. 

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