26 July 2024 11:26 AM GMT
Presently, 50 Constitution Bench matters are pending in the Supreme Court. Out of these, 35 cases are pending before 5-Judge Bench, 8 cases are pending before 7-Judge Bench and 9 cases are pending before 9-Judge Bench for adjudication.
This information was furnished by the Union Ministry Of Law & Justice as per the information available on the National Judicial Data Grid (NJDG), in response to a query raised by CPI(M) MP K. Radhakrishnan.
According to the list of pending cases, the oldest case dates back to 1994 [Arjun Flour Mills. Vs. State of Orissa & Ors.], and it concerns whether state governments are constitutionally empowered to collect 'sales tax' based on 'annual turnover'.
The Union Law Ministry has also stated in its response that the Supreme Court has disposed of 2192 Constitution bench matters since its inception.
According to the decade-wise record shared by the Union Law Ministry, 440 cases were disposed of between 1950 and 1959, 956 cases were disposed of between 1960 and 1969, 292 cases were disposed of between 1970 and 1979, 110 cases were disposed of between 1980 and 1989, 157 cases were disposed of between 1990 and 1999, 138 cases were disposed of between 2000 and 2009, 70 cases were disposed of between 2010 and 2019 and between 2020 and 2024, a total of 29 cases were disposed of.
In response to the query about whether the government's lack of interest is causing the pendency of cases before Constitution Benches, the Law Ministry clarified that the disposal of these cases lies exclusively within the judiciary's domain.
It added that these cases often involve intricate legal issues, with arguments spanning several days to months. Additionally, such matters require extensive analysis and detailed examination of the law, making setting strict parameters or fixed timelines for their resolution impractical.
The reply of the Law Ministry could be read here
List of pending Constitution bench matters: