CRUCIAL ISSUES BEFORE SEVEN-JUDGE BENCHES

TAG: GS 2: POLITY

THE CONTEXT: The forthcoming year, 2024, holds a significant series of hearings in the Supreme Court, with a focus on various crucial matters to be deliberated upon by several seven-judge Constitution Benches.

EXPLANATION:

• These crucial issues encompass diverse legal concerns and constitutional interpretations pivotal to India’s legal landscape.
• The roster of cases includes pivotal topics such as the passage of laws as Money Bills, sub-classification of Scheduled Castes and Scheduled Tribes, the intersection between legislative privilege breach and citizens’ fundamental rights, among others.

Scheduled Hearings:

• Money Bills and Enforcement Directorate Powers:
  • A significant case involves amendments in the Prevention of Money Laundering Act (PMLA) through Money Bills, granting extensive powers to the Enforcement Directorate.
  • The court had upheld the legality of these amendments but referred the question of passing them as Money Bills to a seven-judge Bench, assessing their constitutional validity concerning Article 110 of the Constitution.
• Sub-Classification of SCs/STs:
  • Another critical issue pertains to the sub-classification of Scheduled Castes and Scheduled Tribes.
  • Differing views by different benches necessitate a seven-judge Bench to reconcile the conflict and address the constitutional implications of allowing states to sub-classify these communities.
• Legislature’s Privilege and Fundamental Rights:
  • Exploring the interplay between legislative privilege under Article 194 and the protection of fundamental rights, a case involving the authority of the legislature’s privilege to supersede fundamental rights is set for deliberation.

Timeline of Hearings

• The Supreme Court is scheduled to hear four out of six cases in January 2024.
• Chief Justice of India will head the seven-judge Bench for these hearings, with the remaining cases slated for March.

Significance of Cases

• These cases hold substantial constitutional implications.
• The decision on Money Bills’ passage, SC/ST sub-classification, and the clash between legislative privileges and fundamental rights will shape the legal landscape and impact governance and societal equality.

Background

• The legal issues arose from various judgments, conflicts between earlier rulings, and the need for clarity and uniformity in constitutional interpretations.
• These cases highlight conflicting precedents and the necessity for cohesive legal guidelines.

Conclusion

• The upcoming Supreme Court hearings in 2024 are poised to address critical constitutional and legal dilemmas.
• It will ensure the resolution of conflicting interpretations and providing vital clarity on significant issues impacting governance, societal rights, and constitutional validity.

SOURCE: https://www.thehindu.com/news/national/2024-will-see-a-flurry-of-seven-judge-benches-hearing-a-series-of-crucial-issues-in-sc/article67666804.ece