Week Ahead: Supreme Court, July 29 – Aug 2, 2019

This week, the Supreme Court will hear two highly public cases – EWS and Ayodhya. Further, it will grapple with the issue of judicial primacy over appointments in the Justice Kureshi matter.

EWS Reservation: On July 30th, a three judge bench of the Supreme Court will hear a challenge to the 103rd Constitutional Amendment, which introduces 10% reservations for Economically Weaker Sections. It is likely that numbers and arithmetic will preoccupy the court in this week’s hearing – what should be the formula for granting reservation, what should be the percentage limit on reservation, and crucially for this week, what should be the number of judges on the bench to decide this case?

Ayodhya: On August 2nd, a five judge bench of the Supreme Court will decide whether mediation proceedings hold the promise of a conclusive settlement among the three main parties. If the court finds that the mediation proceedings have failed to make any progress in resolving the dispute, it will resume daily hearings. Earlier this month, one of the parties, Gopal Singh Visharad, approached the court to end mediation proceedings, citing a lack of progress.

Justice Kureshi: Also on August 2nd, the Supreme Court will hear a challenge by the Gujarat High Court Advocates Association on the inordinate delay in appointing the collegium-recommended Justice Akil Kureshi as the Chief Justice of the Madhya Pradesh High Court. The petitioners contend that the Union government has deliberately stalled the appointment process. In Friday’s hearing, Solicitor General Tushar Mehta will clarify the Union government’s position.

Other news:

• The Cabinet is considering Chief Justice Gogoi’s request to increase the sanctioned strength of the Supreme Court.
• The original NRC deadline was July 31st. Last week, the court granted a one-month extension.