CJI Misra to deliver over dozen landmark verdicts before he retires on Oct 2

Satya Prakash

Tribune News Service

New Delhi, September 3

From de-criminalisation of homosexuality and adultery to validity of Aadhaar Act and entry of women into Sabarimala Temple, Chief Justice of India Dipak Misra is all set to deliver more than a dozen landmark verdicts in 18 working days of this month before he retires on October 2. 

Some of these are Constitution Bench matters while others are cases heard by a three-judge Bench headed by CJI Misra. Barring a few, in all these cases verdicts have already been reserved.

Given the magnitude of the issues involved, many of these verdicts could potentially change the course of socio-political landscape of India.

Validity of Aadhaar Act, de-criminalisation of adultery (Section 497 of IPC) and homosexuality (Section 377 of IPC), entry of women into Sabarimala Temple, reservation in promotions for SC/ST candidates and the issue of disqualification of chargesheeted politicians from contesting elections are Constitution Bench matters.

The three-judge Bench matters include reconsideration of a 1994 verdict in Ayodhya case that held that mosque was not central to Islam, permitting live streaming of court proceedings, validity of the practice of female genital mutilation among Vohra Muslims, dilution of anti-dowry law, making RTI Act disabled-friendly and a petition seeking ban on legal practice by MPs and MLAs.

Verdicts on de-criminalisation of homosexuality and adultery are likely to have far-reaching socio-legal consequences. On the issue of homosexuality, the Centre had not taken any stand and left it to the wisdom of the top court, it had firmly opposed de-criminalising adultery, saying the provision was necessary to protect the institution of marriage.

A five-judge Constitution Bench, which reserved its verdict on de-criminalising adultery on August 8, had frowned upon Section 497, saying it treated women as chattels.

Another landmark verdict is expected in Aadhaar case in which the court reserved its verdict on May 10. The marathon hearing on petitions challenging the validity of the Aadhaar Act went on for 38 days, the longest hearing in the top court after the famous Kesavandana Bharati case in which a 13-judge Bench had propounded the basic structure theory in 1973.

CJI Misra's predecessor Justice JS Khehar too had delivered two landmark verdicts days before his retirement in August 2017 - one declaring right to privacy a fundamental right and the other which banned instant triple talaq among Muslims.

Similarly, in January 2007, the then Chief Justice YK Sabharwal had delivered famous nine-judge Constitution Bench verdict which ruled that laws placed in the Ninth Schedule of the Constitution did not provide a blanket protection to them from judicial review. A five-judge Constitution Bench led by him had also upheld the expulsion of 11 MPs from Parliament after they were caught on camera taking money for asking questions in the House.