New Delhi: The verdicts of the five big cases heard before the Constitution Bench of the Supreme Court are going to come this week. In all these cases, the Constitution Bench has been headed by Chief Justice DY Chandrachud himself. Justice Chandrachud is going to retire on November 10. Therefore, the decision is also to come on the arguments of minority status and national character of Aligarh Muslim University. Apart from this, other big cases include Madrasa law, the impact of changes in the rules after recruitment in government services, questions raised about motor vehicle license, plea for change in the rules of division of property.
The matter of change in rules after recruitment
On the impact of change in the rules of the appointment process after recruitment in government services, the Constitution Bench of 5 judges of the Supreme Court will give its verdict on the legal question whether the rules and conditions can be changed after the recruitment process starts? If yes, then when, how and where will it affect? In this case, the Constitution Bench had reserved its decision after completing the hearing on 23 July. This legal question arose from the appointment of translators in the Rajasthan High Court.
Case related to LMV license holders
Another big case is related to Light Motor Vehicle i.e. LMV license holders. The Constitution Bench of 5 judges of the Supreme Court will give its verdict on the legal question whether a driver holding a Light Motor Vehicle license has the right to drive a transport vehicle weighing up to 7,500 kg or not. On this issue, the CJI-led bench had reserved its decision after completing the hearing on 21 August.
The decision will come on the case related to constitutional rights on property distribution
The Constitution Bench of nine judges has to give its decision in the case related to constitutional rights raised on property distribution. The Constitution Bench of 9 judges led by the Chief Justice will give its verdict on the constitutional question whether the government has the right to acquire private property and redistribute it or not. The Constitution Bench had reserved the decision on the provisions of Article 39 (B). This article deals with the redistribution of property for public interest.
Decision reserved on the validity of Madrasa law
Apart from these constitutional matters, in the case of questions raised on the validity of Madrasa law in Uttar Pradesh, a three-judge bench headed by Chief Justice DY Chandrachud had recently reserved its decision on the issue related to the validity of the Uttar Pradesh Madrasa Act last month. The bench has reserved the decision on the petitions challenging a decision of the Allahabad High Court, under which the UP Madrasa Act was declared unconstitutional and canceled. The order was given to accommodate the children in government schools.
Will AMU get minority status?
The Supreme Court can give its decision on the minority status of Aligarh Muslim University this week. Because Chief Justice DY Chandrachud, who headed the seven-member constitutional bench hearing the case, is retiring on November 10. In this case, the seven-judge bench had reserved the decision on February 1 after hearing for eight days, that is, the decision will come after nine months. During the hearing in the Supreme Court, the Central Government, while objecting to the minority status of Aligarh Muslim University, made a big statement saying that there is no meaning in giving minority status to Aligarh Muslim University. It is worth noting that Chief Justice DY Chandrachud had also said that instead of limiting any educational institution to the minority, it should be kept open for all.
While filing written arguments in the Supreme Court, the current NDA government has shown a stance opposite to the UPA government of ten years ago. In its argument filed through Solicitor General Tushar Mehta, the Central Government has said that Aligarh Muslim University should not be given the minority tag. This is because AMU has a national character. AMU cannot be a university of any particular religion. Because it has always been a university of national importance.
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