NEW DELHI, Dec 4: The Supreme Court has announced the formation of a five-judge Constitution bench, with Chief Justice D Y Chandrachud at the helm, tasked with reevaluating its 2018 judgment. This earlier ruling stipulated that stays granted by lower or high courts in civil and criminal cases would automatically lapse after six months unless expressly extended.
As per a notification on the apex court’s website, Justices Abhay S Oka, JB Pardiwala, Pankaj Mithal, and Manoj Misra will comprise the Constitution bench. The bench is set to commence hearings on this matter after concluding its proceedings on a separate case related to the constitutional validity of section 6A of the Citizenship Act concerning illegal immigrants in Assam.
The Supreme Court, on December 1, referred its 2018 judgment on stay orders to a five-judge Constitution bench for reconsideration. The decision came after a three-judge bench led by the CJI took note of senior advocate Rakesh Dwivedi’s plea, representing the High Court Bar Association of Allahabad. Dwivedi argued that the 2018 judgment curtails the power vested in high courts under Article 226 of the Constitution.
Article 226 empowers high courts to issue writs and orders for enforcing fundamental rights and other purposes. The bench has sought the assistance of either the attorney general or solicitor general to address the legal issues stemming from the 2018 judgment.
In the case of Asian Resurfacing of Road Agency P Ltd Director Vs CBI, a three-judge bench had earlier ruled that interim stay orders granted by courts, including high courts, automatically expire unless expressly extended. No trial or proceedings could remain stayed beyond six months. However, the Supreme Court clarified later that the judgment would not apply if the stay order was issued by the Supreme Court itself.
The CJI-led bench, concurring with Dwivedi’s arguments, decided to refer the matter to a five-judge bench due to the original judgment being delivered by a three-judge bench. Expressing reservations about the 2018 judgment, the bench noted that the automatic vacation of a stay order after six months could lead to a miscarriage of justice.
