As the Supreme Court of India reopens today after the winter break, let us have a look at some of the changes and developments expected to take place in the judiciary in 2022.Three Chief JusticesThe year 2022 is likely to witness the tenure of three Chief Justices. The incumbent Chief Justice of India NV Ramana is set to retire on August 26, 2022. As per seniority turn, the next Chief Justice...
As the Supreme Court of India reopens today after the winter break, let us have a look at some of the changes and developments expected to take place in the judiciary in 2022.
Three Chief Justices
The year 2022 is likely to witness the tenure of three Chief Justices. The incumbent Chief Justice of India NV Ramana is set to retire on August 26, 2022. As per seniority turn, the next Chief Justice of India is Justice UU Lalit, who will have a short term of less than three months till November 8, 2022. The next judge in the line to be the CJI is Justice DY Chandrachud.
Eight retirements
Eight Supreme Court judges will retire in 2022. Apart from CJI Ramana and Justice Lalit, the other judges who retire this year are Justice R Subhash Reddy ( on 4th January 2022), Justice Vineet Saran (10th May 2022), Justice L Nageswara Rao (7th June 2022), Justice AM Khanwilkar (29th July 2022), Justice Indira Banerjee (23rd September 2022) and Justice Hemant Gupta (16th October 2022).
Expected decisions
Gujarat riots case- Zakia Jafri's plea for probe into larger conspiracy
Validity of FCRA amendments
NEET-PG counselling
A very important development in the first week of this year would be in the cases related to the NEET-PG counselling, where the Court will continue to hear a batch of writ petitions challenging the Centre's decision to introduce EWS/OBC reservation in the All India Quota for NEET. The Centre had told the Court that the counselling for NEET-PG admissions will not commence when the quota issue was pending adjudication.
Resultantly, the resident doctors across the country had recently launched protests across the country recently against the delay in NEET-PG counselling. The Supreme Court is scheduled to hear the case on January 6. The Centre has told the Court that the expert committee has recommended the retention of the existing EWS criteria for the current admissions.
Pegasus Case
Vijay Mallya case
A bench led by Justice Khanwilkar will also decide on the final settlement of all the points of dispute between States of Kerala and Tamil Nadu in relation to the Mullaperiyar dam. The Court has been considering a batch of petitions filed by Kerala-based parties seeking directions to ensure the safety of the 126 year old dam.
The Supreme Court has been on the receiving end of criticism for the delay in consideration of matters of Constitutional importance including pleas challenging the constitutionality of the Citizenship Amendment Act, pleas challenging the revocation of the special status of Jammu and Kashmir and validity of electoral bonds.
It needs to be seen if the Court will take up these issues in 2022.
Pendency status
As far as the Apex Court is concerned, as of December 2021 (6th December) a total of 69,855 matters are pending before the Supreme Court, including 51,503 miscellaneous matters and 18,352 regular hearing matters. This number includes 422 Constitution Bench matters including 272 Five Judges Bench matters, 15 Seven Judges Bench matters and 135 Nine Judges Bench matters.
Constituton Bench matters
The Constitution Benches of the Supreme Court were not very active in 2021 with only three judgments/orders of the Constitution Bench in the year 2021. In 2020, there were 11 judgment/orders by the Constitution bench.
A Constitution Bench is yet to decide on the petitions challenging the Presidential Orders under Article 370 which revoked the special status of Jammu and Kashmir. Another Constitution Bench matter pending pertains to the validity of Constitution 103rd Amendment which introduced provision for reservation to Economically Weaker Sections (EWS). The matter pertaining to the question as to whether greater restrictions on Article 19(1)(a) can be imposed if it concerns persons holding high office still remains to be be adjudicated by a Constitution Bench. A Constitution Bench of the Supreme Court is yet to consider whether State legislation can give preferential treatment to few castes within the Scheduled Castes for the purposes of the reservation.
Challenges against Section 124A IPC(offence of sedition) & UAPA
Another important development could be deciding the petitions challenging the vires and validity of the various provisions of the anti-terror law Unlawful Activities Prevention Act. A Bench comprising the Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice Surya Kant had in November last year issued notice to the Union Government on a Writ Petition filed by some former IAS/IPS/IFS officials. The Apex Court had also issued notice in 2019 in a similar petition which challenged the validity of UAPA.