The bench led by CJI Gavai noted that although the Court does not possess advisory jurisdiction, the continued delays in deciding disqualification petitions raise important questions for Parliament to consider.
The matter will be taken up again on Tuesday, July 29, for the court to decide on timelines for final arguments and to set a schedule for the main hearing.
The bench scheduled the petition for a hearing on Wednesday, allowing senior advocate Kapil Sibal, representing Justice Varma, to submit the in-house committee’s report.
The Court ordered an immediate halt on all construction activities on protected forest land land and directed the State’s Chief Secretary to constitute a fact-finding committee to examine the extent of encroachments and official inaction.
In a detailed order passed today, the Bench formally recorded its appreciation for the manner in which the dispute was resolved and commended the role played by the committee headed by Justice Dhulia.
Senior Advocate Menaka Guruswamy, appearing for a group of parents, argued that the suspension of physical classes adversely impacted children from economically weaker sections.
The Court questioned how parliamentary legal advisers permitted what Justice Varma has described as a unilateral exercise of power by the Lok Sabha Speaker.
The petition had been filed barely three months after another Bench of the Supreme Court expressed doubts about the correctness of the 2014 Constitution Bench ruling.
