SC reserves order on whether it can refer question of law to larger bench

A nine-judge Constitution bench of the Supreme Court on Thursday (February 6) reserved order on the legal issue of whether the top court can refer questions of law to a larger bench while exercising its review jurisdiction.

A bench headed by Chief Justice SA Bobde said it will pronounce the order on February 10 and will accord day-to-day hearing from February 12.

The bench was hearing the issues relating to discriminations against women at various places of worship including the Sabarimala temple.

Solicitor General Tushar Mehta argued that the apex court was right in referring the questions of law to the larger bench. “As custodian of fundamental rights, it was the duty of the court to lay down an authoritative pronouncement on these questions of law.”

Senior advocate Fali S Nariman opposed the submission and said that only the President can ask questions of national importance, not the court.

The other members of the bench are Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, MM Shantanagoudar, SA Nazeer, R Subhash Reddy, BR Gavai and Surya Kant.