THE PENDING AGENDA
Among the most pressing issues of national importance the Supreme Court has to consider in the new year are:
Citizenship Amendment Act (CAA)
Multiple petitions challenging the CAA were heard on the last day before the Court closed for the winter vacation. The Court has sought a response from the Union government and posted the cases for hearing on January 22. Commentators such as Madhav Khosla have gone as far as to say that if the court’s “entire reputation rested on one moment in history, this is it”.
Kashmir
Judgment is due and expected in the case challenging the communication lockdown in Kashmir even as hearings continue of the petition contesting the abrogation of J&K’s special status. Also at issue here are the sanctity of the right to ‘freedom of speech’ and the federal character of the Constitution.
Electoral Bonds
An issue of great significance for the largest, possibly most expensive, democratic exercise in the world. The challenge to the scheme has been pending for two years. Recent investigative reports indicate the government ignored serious concerns raised by the Election Commission and the RBI while promulgating the scheme. A stay application is likely to be heard in January.
UAPA
The court has sought the Centre’s response in multiple petitions challenging the 2019 amendments to the Unlawful Activities (Prevention) Act, which, among other key changes, allowed the government to designate individuals as terrorists. Likely to be heard early next year.
EWS Reservation Scheme
More than 20 petitions have been filed challenging the 103rd constitutional amendment, which provides 10 per cent quota for economically weaker sections. Hearing on referral to a five-judge bench took place in July; a final hearing and verdict on the petitions is awaited.