SC reserves order on referring matter to larger Bench

New Delhi, February 6

Can a smaller Bench of the Supreme Court refer questions of law to a larger Bench while exercising its review jurisdiction? A nine-judge Constitution Bench headed by Chief Justice of India SA Bobde on Thursday reserved its verdict on the issue.

The CJI-led Bench, which was hearing issues relating to gender bias in religious practices, including those followed at the Sabarimala Temple in Kerala, asked the parties to file their respective written submissions, if any, by Friday and fixed February 10 for pronouncement of order. The CJI indicated that the nine-judge Bench will frame the legal issues and commence day-to-day hearing from February 12.

The other judges on the Bench were Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, Mohan M Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, BR Gavai and Surya Kant.

The day-long hearing witnessed impassioned arguments by senior counsel Fali S Nariman, Rajeev Dhavan, Shyam Divan, Rakesh Dwivedi and Indira Jaising who contended that while exercising review jurisdiction, the top court did not have power to refer a question of law to a larger Bench. — TNS