In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
The Supreme Court, dealing with an application for early hearing in a major constitutional writ petition concerning the Citizenship Act (W.P.(C) 562/2012), has directed the Chief Justice of India to administratively constitute an appropriate bench, as the matter was already referred to a Constitution Bench. This signals the procedural route for high-stakes constitutional matters awaiting a dedicated bench.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
An application (I.A. No. 114708/2017) for early hearing of Writ Petition (Civil) No. 562 of 2012 was presented before the Supreme Court. It was noted that W.P.(C) No. 562 of 2012 had previously been referred to a Constitution Bench by an order dated December 17, 2014. Based on this, the Court directed that the matter be placed before the Chief Justice of India for the administrative purpose of constituting the appropriate bench to hear the case.
Timeline of Events
Writ Petition (Civil) No. 562 of 2012 was referred to a Constitution Bench.
I.A. No. 114708/2017 for early hearing of W.P.(C) No. 562 of 2012 was heard.
Supreme Court directed to place the matter before the Chief Justice of India for constituting an appropriate Bench.
Key Factual Findings
The matter (W.P.(C) No.562 of 2012) has been referred to the Constitution Bench vide order dated 17.12.2014.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioner/applicant sought an early hearing for Writ Petition (Civil) No. 562 of 2012.
Respondent's Arguments
Specific arguments from the respondent side were not explicitly recorded in this procedural order.
Court's Reasoning
The Court reasoned that since the matter (W.P.(C) No. 562 of 2012) had already been referred to a Constitution Bench by an order dated December 17, 2014, the appropriate course of action for an early hearing application is to place the matter before the Chief Justice of India on the administrative side for the constitution of the appropriate bench.
- Emphasis on proper procedure for Constitution Bench matters
- Strict adherence to administrative protocols of the Chief Justice of India
Specific Directions
- 1.The matter (W.P.(C) No.562 of 2012) be placed before Hon'ble the Chief Justice of India for constituting an appropriate Bench, on the administrative side.
Precedential Assessment
Non-Binding (Procedural)
This order is purely procedural, addressing the administrative process for an early hearing application when the main case is already referred to a Constitution Bench. It does not establish new legal principles or interpret substantive law.
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Hon'ble Rohinton Fali Nariman
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
List On (Date) [27-03-2018]
Listed On:
20 Feb 2018
In:
Judge
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
ITEM NO.1
$/RE-R$ E V I S E D/ COURT NO.1
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 274/2009
ASSAM PUBLIC WORKS
Petitioner(s)
VERSUS
UNION OF INDIA & ORS.
Respondent $(s)$
(ONLY I.A. 114708/2017 Application for early hearing in W.P. (c) 562/2012 ONLY TO BE LISTED ON 5.2.2018)
WITH
$W.P.(C)$ No.562/2012 (X) (I.A. 114708/2017 Application for early hearing in W.P. (C) 562/2012 may be listed.)
Date: 05-02-2018 This petition was called on for hearing today.
CORAM:
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioner(s) Mr. Arvind Kumar Sharma, AOR
- /Applicant(s) Mr. Manish Goswami, Adv. $\mathbf{f}$ or Mr. Rameshwar Prasad Goyal, Adv. [AOR]
- For Respondent(s) Mr. Tushar Mehta, ASG Ms. Rekha Pandey, Adv. Ms. Binu Tamta, Adv. Mr. Rohit Bhat, Adv.
- Ms. Rashmi Malhotra, Adv.
- Mr. Shibashish Misra, AOR Mr. Abhijit Sengupta, AOR Mr. Snehasish Mukherjee, AOR
- Mr. Guntur Prabhakar, Adv. [AOR] Ms. Prerna Singh, Adv.
- Mr. Mohit D. Ram, AOR Mr. Shadan Farasat, AOR Mr. Fuzail Ahmad Avvubi, AOR
- Mr. Ejaz Magbool, Adv. [AOR] Ms. Tanya Shree, Adv. Mr. Kunwar Aditya Singh, Adv.
IA No.114708/17 in WP(c)No.562/14 .... (contd.) - 2 - Ms. Arna Das, Adv. Mr. M.V. Mahmud, Adv. Mr. Gaurav Dhingra, Adv. [AOR] Mr. B. Krishna Prasad, AOR Ms. Madhumita Bhattacharjee, AOR Mr. Prateek Jalan, Adv. Ms. Malvika Trivedi, Adv. Mr. Rahul Kriplani, Adv. Mr. Ankit Yadav, Adv. Mr. T. Mahipal, Adv. [AOR] Mr. Shakil Ahmed Syed, AOR Ms. Sushma Suri, AOR Mr. V. K. Sidharthan, AOR M/S. Corporate Law Group, AOR Ms. Sneha Kalita, AOR Mr. Somiran Sharma, Adv. Mr. A.K. Talukdar, Adv. Mr. Mansoor Ali, Adv. Mr. A.S. Tapadar, Adv. Ms. Lubna Ishrat Siddiqui, Adv. Mr. Saurabh Srivastava, Adv. Mr. Ranjan Mukherjee, Adv. Mr. Daniel Stone Lyngdoh, Adv. Mr. Koshy John, Adv. Mr. Prakash Gautam, Adv. Mr. Upendra Misra, Adv. Mr. Abhishek Sharma, Adv. [AOR] Mr. Rajendran Balan, Adv. Mr. Mukesh Kumar, Adv. Mr. Manoj Goel, Adv. Mr. Shuvodeep Roy, Adv. Mr. Sayooj Mohandas, Adv. Mr. Somnath Banerjee, Adv. Mr. Debojit Borkakati, Adv. Mr. M. Balashivudu, Adv. Mr. Edward Belho, AAG Mr. K. Enatoli Sema, Adv. Mr. Amit Kumar Singh, Adv. Mr. K. Luikang Michael, Adv. Mr. Amit Sharma, Adv. Mr. Sandeep Singh, Adv. Mr. Ankit Raj, Adv.
- 3 - Ms. Indira Bhakar, Adv. Ms. Ruchi Kohli, Adv. Mr. Milind Kumar, Adv. [AOR] Mr. Raja Chatterjee, Adv. Mr. Chanchal Kumar Ganguli, Adv. [AOR] Mr. Adeek Ahmed, Adv. Mr. Runa Bhuyyan, Adv. Mr. Piyush Sachdev, Adv. Mrs. Hemantika Wahi, Adv. [AOR] Ms. Puja Singh, Adv. Ms. Mamta Singh, Adv. Ms. Shodhika Sharma, Adv. Ms. Vishakha, Adv. Mr. Gopal Singh, Adv. Mr. Rituraj Biswas, Adv. Ms. Diksha Rai, Adv. Mr. Syed Ali Ahmad, Adv. Mr. Syed Tanweer Ahmad, Adv. Mr. S.S. Bandyopadhyay, Adv. Mr. Mohan Pandey, Adv. Mr. Naveen Sharma, Adv. Mr. Arjun Garg, Adv.
UPON hearing the counsel the Court made the following O R D E R
It is an application for early hearing of W.P.(C) No.562 of 2012.
As the matter has been referred to the Constitution Bench vide order dated 17.12.2014, let the matter be placed before Hon'ble the Chief Justice of India for constituting an appropriate Bench, on the administrative side.
I.A. stands disposed of accordingly.
(Subhash Chander) (H.S. Parasher) AR-cum-PS Assistant Registrar