New Delhi : Judgments are slated on Wednesday on two crucial cases heard by two different Constitution Benches on the constitutional validity of Aadhaar and reservation to Scheduled Castes and Scheduled Tribes in promotions in the government services.
The Apex Court is in a hurry for disposal of the cases in view of Chief Justice Dipak Misra retiring on Tuesday. Four other cases heard by the Benches headed by him will also be disposed of on Wednesday, besides four other cases handled by other benches.
The judgment on the reservation in promotions will be delivered first, followed by another on Aadhaar.
The 5-judge Bench, with Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan being other judges on the bench headed by the CJI, has to decide on the correctness of a 2006 verdict of another 5-judge Bench rejecting reservation in promotions unless data shows inadequate representation in higher posts.
Reversing a 5-judge ruling is a tricky question and no surprise if the Constitution Bench decides to refer it to a larger bench of seven or nine judges.
In case of a bunch of Aadhaar petitions filed by Justice (retd) K S Puttuswamy, the Constitution Bench has to decide the constitutional validity of Aadhaar on the anvil of the right to privacy that will decide the fate of the government insisting on linking Aadhaar with its welfare and other services.
The Bench which has to decide the matter is headed by the CJI with Justices Kurian Joseph, Rohinton Fali Nariman, Sanjay Kishan Kaul and Ms Indu Malhotra as other members.