Supreme Court In 2022 : Expected Changes & Developments

Srishti Ojha

3 Jan 2022 10:27 AM IST

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Supreme Court In 2022 : Expected Changes & Developments

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).

The working strength of the Court will go down to 25 if no fresh appointments are made, with only three women Judges on the Bench. On 31st August last year,the total number of Judges on the Bench had reached 33 with one vacancy after nine new judges took oath as Supreme Court judges

Expected decisions

Gujarat riots case- Zakia Jafri's plea for probe into larger conspiracy

The Court will also deliver its judgment in the petition filed by Zakia Ehsan Jafri challenging the closure report filed by SIT discarding the allegations of larger conspiracy by high state functionaries and other entities in Gujarat riots of 2002. A bench led by Justice AM Khanwilkar(who is retiring this year) had reserved judgment in the case in December last year.

Validity of FCRA amendments

A bench headed by Justices AM Khanwilkar, who is also due to retire this year, will deliver its verdict in the petitions challenging the constitutional validity of FCRA amendments. The petitioners have argued that that the amendments have imposed harsh and excessive restrictions on the NGOs in utilizing foreign funds.

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

The independent expert committee constituted by the Supreme Court to look into the allegations of widespread and targeted surveillance of politicians, journalists, activists etc using the Pegasus spyware is expected to submit its report before the Supreme Court. On 27th October, the Court had directed the Committee headed by retired Supreme Court judge Justice RV Raveendran, to investigate the matter expeditiously and directed the matter to be listed after 8 weeks.

Vijay Mallya case

The Court, as it had expressed earlier, will go ahead with the sentence hearing in the contempt case against fugitive businessman Vijay Mallya. While posting the matter for hearing on January 18, 2022, the Court had earlier observed that even if Mallya - who is now in the United Kingdom from where the India Government is trying to extradite him- is not present before the Court on that day for any reason, it will hear the counsel on his behalf.

Lakhimpur Kheri case

A status report will also be placed before the Court by the Committee monitoring the Lakhimpur Kheri case. The Court had appointed Justice Rakesh Kumar Jain, former judge of the Punjab and Haryana High Court, to monitor the investigation in the Lakhmipur Kheri violence of October 3, which claimed the lives of 8 persons, including 4 farmers, who were allegedly mowed down by vehicles in the convoy of Ashish Mishra, the son of Union Minister and BJP MP Ajay Kumar Mishra.

Reservation in promotions

The Court is expected to pass its verdict in relation to the petitions relating to reservation in promotions. A bench led by Justice Nageswara Rao(who is retiring this year) had reserved its judgement after the Centre and States had urged the Supreme Court to settle the confusion regarding the norms for reservation in promotions saying that several appointments have been stalled due to ambiguities.

Mullaperiyar dispute between Kerala and Tamil Nadu

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.

Major cases like CAA, Article 370, electoral bonds etc pending adjudication

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

The Court may also consider petitions challenging the constitutionality of the offence of Sedition under Section 124A of IPC. In July last year, Chief Justice of India N.V.Ramana, while hearing a petition filed by Army veteran Major-General SG Vombatkere had expressed alarm at the rampant misuse of sedition law in the country. CJI NV Ramana also orally expressed reservation at continuing the use of the provision (Section 124A of IPC), inserted during the colonial era to curb dissent.

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.

Supreme Court In 2022 : Expected Changes & Developments

Srishti Ojha

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