Before top court in 2026: Matters of religion, citizenship, liberty, Pg15

Key Highlights:

• The legal landscape in 2025 was dominated by discussions on the conduct of judges, including allegations against Justice Yashwant Varma and impeachment motions against Justice Shekhar Yadav.
• The Supreme Court reversed earlier verdicts in cases involving the executive, such as those related to timelines for the Governor and President in the legislative process and retrospective environmental clearances.
• In 2025, the functioning of the Collegium continued to face criticism regarding transparency, particularly concerning the recommendation of Justice Vipul Manubhai Pancholi.
• Several important matters are slated to be heard by the Supreme Court in 2026, including challenges to the Waqf law, the Places of Worship Act, and the Karnataka hijab ban.

Detailed Insights:

• The case involving Justice Varma has transitioned from an internal judicial inquiry to the political arena, with the Supreme Court agreeing to hear his petition challenging the constitution of a committee to investigate him.
• The pandemic-era adoption of virtual hearings has evolved into a hybrid system, enhancing accessibility but also increasing real-time scrutiny of judges, with observations sometimes being taken out of context on social media.
• With CJI Surya Kant set to retire in February 2027, his Collegium will be responsible for making fresh appointments due to at least five SC judges demitting office in 2026.
• The challenge to the Places of Worship Act questions the freezing of the religious character of places of worship as of August 15, 1947, while the review of the Sabarimala ruling will re-evaluate the "essential religious practice test".
• The Promotion and Regulation of Online Gaming Act, 2025, which bans online money games, has been challenged in multiple High Courts, with the SC transferring the cases to itself.
• The Constitution (130th Amendment) Bill 2025 proposes removing ministers facing corruption allegations if detained for 30 days, potentially creating different standards for ministers and legislators.
• The implementation of the Digital Personal Data Protection (DPDP) Act, 2023, and the DPDP Rules, 2025, will likely lead to litigation on various aspects of privacy and data protection.
• The One Nation, One Election (ONOE) Bill, proposing simultaneous elections, has been discussed by former CJIs, with varying opinions on its potential legal challenges.
• The Election Commission's "special intensive revision" of electoral rolls, requiring additional documentation, was challenged before the SC, which directed the inclusion of Aadhaar as a valid document.
• Challenges to the Citizenship (Amendment) Act, which grants citizenship to specific religious minorities from neighboring countries, and bail pleas related to the 2020 Delhi riots are also pending before the SC.

Key Concepts Involved:

• Collegium: A system where appointments and transfers of judges are decided by a panel of senior judges of the Supreme Court.
• Waqf: A permanent dedication of movable or immovable properties for religious, pious, or charitable purposes as recognized by Muslim law.
• Essential Religious Practice Test: A doctrine used by courts to determine which religious practices are integral and essential to a religion, thus deserving protection.
• Impeachment: A process by which a legislative body formally levels charges against a high official of government.