CJI Chandrachud to head a new Constitution bench for hearing four cases: Bench to start hearing on July 12, 2023.
On June 26, 2023, the Supreme Court of India, in a notice issued by the Assistant Registrar, declared to set up a fresh Constitution bench consisting of the Hon’ble Mr. Chief Justice of India DY Chandrachud, Hon’ble Mr. Justice Hrishikesh Roy, Hon’ble Mr. Justice Pamidighantam Sri Narasimha, Hon’ble Mr. Justice Manoj Misra, and Hon’ble Mr. Justice Pankaj Mithal for hearing four cases. The bench will be headed by the CJI and take the matters on July 12, 2023, and July 13, 2023. Following are the four cases that will be heard by the new Constitution bench of the Supreme Court after summer vacation ends and the Court reopens on July 3, 2023.
The issue addressed in this case reads, “No doubt it is a salutary principle not to permit the State or its instrumentalities to tinker with the ‘rules of the game’ insofar as the prescription of eligibility criteria is concerned as was done in the case of C. Channabasavaiah vs. the State of Mysore, etc. in order to avoid manipulation of the recruitment process and its results. Whether such a principle should be applied in the context of the ‘rules of the game’ stipulating the procedure for selection more particularly when the change sought is to impose more rigorous scrutiny for selection requires an authoritative pronouncement of a larger bench of this Court.” Earlier the matter was listed for hearing before the Constitution bench headed by Justice Indira Banerjee. Later, the bench was dissolved due to the retirement of Justices Hemant Gupta and Banerjee.
In this case, the Supreme Court dealt with the question that whether the Courts can diverge from the agreed procedure of appointing arbitrators under Section 11 of the Arbitration Act.
In this case, the Constitution bench referred to a question, “Whether a person holding a driving license in respect of ‘light motor vehicle’ could on the strength of that license, be entitled to drive a ‘transport vehicle of light motor vehicle class’ having unladen weight not exceeding 7500 Kg?” The Registry directed to place the matter for hearing before the CJI to constitute a Bench of appropriate strength to consider the issues.
- JSW Steel Limited vs. South Western Railway & Anr.
In this case, the addressed issue was whether a person ca be appointed as an arbitrator who is ineligible to be appointed as an arbitrator. The bench while hearing the matter said that “Since the issue has been re-occurring, we may observe that it would be in the fitness of things that the question is resolved at an early date.”
