ANURAG KESARWANI
Justice Ravindra Bhat, who has served as a Supreme Court Judge for four years, will retire on October 20, 2023, while Justice Sanjay Kishan Kaul, with over six years on the bench, is set to retire on December 25, 2023.
These two retiring judges have played pivotal roles in presiding over two significant Constitution benches, each tasked with addressing critical constitutional questions of our time. The first of these landmark cases revolved around the abrogation of Article 370, which granted special status to the region of Jammu and Kashmir. The second case centered on the legal recognition of same-sex marriages in India.
The journey towards a verdict on same-sex marriages was embarked upon by a Constitution bench consisting of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha. After months of rigorous arguments, this bench reserved its verdict in May of this year.
The anticipation surrounding this decision is palpable, as the Supreme Court is expected to announce its ruling by October 20, conveniently coinciding with Justice Ravindra Bhat’s retirement. This verdict holds a particular significance, coming five years after the landmark judgment that decriminalized homosexuality in India—a milestone celebrated on September 6, 2023.
In a separate but equally momentous constitutional matter, nearly four years after the abrogation of Article 370, a five-judge Constitution bench of the Supreme Court tackled a batch of pleas challenging the central government’s move to revoke Jammu & Kashmir’s special status in August 2019.
This bench, consisting of Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant, dedicated extensive time and attention to the case, with arguments spanning an impressive sixteen days. The impending retirement of Justice Sanjay Kishan Kaul in December adds an element of anticipation to this long-pending case.
These impending verdicts have the potential to reshape the legal landscape of India and leave an indelible mark on the country’s history. They reflect the Supreme Court’s crucial role in interpreting and upholding the Constitution, particularly in matters of profound social and political importance.
