GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE

DEPARTMENT OF LEGAL AFFAIRS

RAJYA SABHA

STARRED QUESTION NO. 121

TO BE ANSWERED ON THURSDAY, THE 28th JULY, 2022

Judicial review of laws passed by Parliament

121 # Shri Javed Ali Khan:

Will the Minister of Law and Justice be pleased to state:

(a) whether it is a fact that many Acts/Constitutional Amendment Acts passed by

Parliament are pending for judicial review in the Supreme Court; and

(b) if so, the details of such pending cases from the year 2016, year-wise and
Act/Constitutional Amendment Acts-wise?

ANSWER

MINISTER OF LAW AND JUSTICE

(SHRI KIREN RIJIJU)

(a) &(b): A statement is laid on the Table of the House.

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Statement referred to in reply ofRajyaSabha Starred Question No. 121 # raised by Shri Javed
Ali Khan, Hon’ble MP to be answered on 28.07.2022 regarding “Judicial review of laws
passed by Parliament”

(a) : Yes, Sir

(b):As per available records, the information about Constitutional Amendment Acts and other
Central laws under challenge and pending is as under:

S. Case No. Cause Title Ministry/ Issue involved

No. Department
1 WP (C) KELTECH Ministry of Constitutional validity of Section 8,
235/2014 LIMITED v. Corporate 9, 17, 22, 36, 53C, 53D, 55, 56 and
UNION OF Affairs 61 of the Competition Act, 2002,
INDIA &Ors. under challenge.

2 SLP(C) No. UNION OF Ministry of Validity of explanation inserted vide

32551/2015 to INDIA Finance Finance Act (No.2) 2009 defining the
SLP(C) No. MINISTRY (Department of term undertaking in respect of
31417/2017 OF FINANCE Revenue) Section 80 1B
THROUGH
REVENUE
SECRETARY
AND ANR.
VS NIKO
RESOURCES
LTD. AND
ANR.
3 SLP(C) No. PRASHANT Ministry of Constitutional validity of Section
4680/2016 BHUSHAN External 6(2)(f) of the Passports Act 1967
VS UOI Affairs
4 W.P.(C) No. UMESH Ministry of The Petitioner approached the
1168/2017 KUMAR Road Supreme Court by way of present
SHARMA VS Transport & WP with prayer to issue a
UOI Highways writ/order/direction, declaring
Sections 166, 167 & 185(1) read with
Entry 5th, 9th Schedule of the
Finance Act 2017 as unconstitutional
and in violation of fundamental rights
and direct the Respondent to allow
the Petitioner to continue as presiding
officers of the National Highway
Tribunal with salary allowance and
all benefits.

5 W.P.(C) No. KAMAL Ministry of Present WP is filed challenging the

1517/2018 ANANT Education constitutional validity of Section 15

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 KHOPKAR of Hindu Succession Act, 1956
vs. UNION OF (General rules of succession in case a
INDIA Hindu woman dies intestate leaving
self-acquired property).
6 SLP(C) No. THE STATE Ministry of Issue that arises for consideration in
10407/2018 OF MADHYA Finance the present case pertains to the
PRADESH {Department validity of Sections 2 (u) & 2 (v) of
PRINCIPAL of Revenue VAT Act so far as it relates to SIM
SECRETARY (CBEC)} replacement and lease line revenue.
COMMERCIA
L TAX
DEPARTMEN
T GOVT. OF
M.P. AND
ORS. VS M/S
BHARTI
AIRTEL LTD.
7 W.P.(C) No. Y. Ministry of WP raises question relating to the
903/2019 SULOCHANA Education laws on custody and guardianship of
RANI VS UOI children in India. Petitioner‟s prayer
is to declare Sec 6(a) and Sec 7 of the
Hindu Minorities and Guardianship
Act, 1956 as unconstitutional.
8 WP(C) YASMEEN Ministry of Petitioner‟s prayer is to declare the
472/2019 ZUBER Education practices of prohibition of entry of
AHMAD Muslim Women in Mosque in India
PEERZADE as illegal and unconstitutional for
AND ANR. being violative of Articles 14, 15, 21,
VS UOI 25 and 29 of the Constitution and
permitting the Muslim Women to
offer their prayer/Namaj inside
Mosque.

9 SLP (C) No. Mahindra and Ministry of Constitutional validity of certain

10346/2019 Mahindra v. Corporate provisions including Sections 8, 9,
Competition Affairs 15, 17, 22(3), 26, 27, 36, 53C, 53D,
Commission of 55, 56 & 61 of the Competition Act,
India & other 2002 is under challenge.
connected
matters
10 WP (C) No. ManoharLal Ministry of A petition was filed under Article 32
1013/2019 Sharma v. UOI Home Affairs challenging the constitutionality of
the dilution of Article 370. The
petitions have sought for declaring
CO 272, CO 273 and the J&K
ReorganisationAct „unconstitutional,
void and inoperative‟.

11 Writ Petition JANHIT Ministry of Petitioners have challenged the

(Civil) No. 55 ABHIYAN Social Justice constitutional validity of the

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 of 2019 with VS. UNION & Constitution 103rd Amendment Act,
other connected OF INDIA & Empowerment 2019.By the said Amendment,
matters ORS. Articles 15 and 16 of the Constitution
of India were amended by inserting
Clause (6) after Clause (5) in Article
15 and by inserting Clause (6) after
Clause (5) in Article 16.

12 WP (C) 1470 of INDIAN Ministry of Petition filed challenging the

2019 UNION OF Home Affairs Citizenship (Amendment) Act,
MUSLIM (CAA) 2019 particularly Section
LEAGUE & 2(1)(b) of the CAA.
ORS. Vs. UOI
&Ors.
13 WP (C) S. G. Ministry of The Aadhaar and Other Laws
679/2019 VOMBATKE Finance (Amendment) Bill, 2019 has been
RE & ORS. challenged on the ground that it
VS. UOI & violates the Supreme Court‟s
ORS. 2018 decision, in WP (C)
494/2012, on the constitutionality of
the Aadhar Act.

14 WP (C) SAJAL Ministry of Challenged The Unlawful Activities

1076/2019 AWASTHI vs. Home Affairs (Prevention) Amendment Bill, 2019.
UNION OF The challenge pertains to
INDIA Constitutional validity of the 2019
amendments to the Unlawful
Activities (Prevention) Act, 1967
including Chapter VI of UAPA and
Section 35 & 36.
15 W.P.(C) No. INDIAN HAJ Ministry of The Petitioner herein has approached
896/2020 UMRAH Finance the Hon'ble Supreme Court under
GROUP (Department of Article 32 of the Constitution of India
ASSOCIATIO Revenue) challenging the levy and collection of
N VS UNION Service Tax/ GST from the pilgrims
OF INDIA who perform hajj through the haj
AND ORS. group organizers (HGOs) in Saudi
Arabia, as per se unconstitutional,
discriminatory and in violation of the
fundamental rights under Articles 14,
25 and 26 of the Constitution of
India.

16 CA No. ALL TAI Ministry of Validity of The Adaptation of Laws

1224/2020 AHOM External (Amendment) Order, 2019 wherein
W.P.(C) No. STUDENTS Affairs State of Assam has been excluded
342/2020 + UNION AND from Inner line Area in light of the
W.P.(C) No. ANR. VS Citizenship (Amendment) Act, 2019.
366/2020 UNION OF
INDIA AND

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 ORS.
17 W.P.(C) No. DR. Ministry of Validity of Section 7B(1) of
1397/2020 RADHIKA External Citizenship Act 1955
&W.P.(C) No. THAPPETA Affairs
891/2021 AND ORS. VS
UNION OF
INDIA AND
ORS.
18 W.P C – SKAND Ministry of Involving challenge to Information
799/2020 BAJPAI & Electronics Technology (Intermediary Guidelines
T.P(C) - 100- ANR. VS. UOI and & Digital Media Ethics Code) Rules,
105/2021 & ORS. & Information 2021 (I.T Rules)/ Cable Television
CONNECTED Technology / Networks (Amendment) Rules, 2021
MATTERS Ministry of & Ancillary Rules. (Cable T.V.
Human Rules)
Resource
Development
19 W.P.(C) No. SNIDHA Ministry of Writ filed for seeking directions to
732/2020 MEHRA VS Women and declare Section 15[1][b] of Hindu
UNION OF Child Succession Act 1956 as
INDIA AND Development / unconstitutional, ultra-viresto the
ORS Ministry of Constitution, as violative of Articles
Law & Justice 14,15,21 of the Constitution.

20 Writ Petition RAKESH Ministry of The Petitioners have challenged and

(Civil) No. VAISHNAV Agriculture sought setting aside the Farmers‟
1118/2020 & AND ORS VS. Produce Trade and Commerce
WP (C) No. UNION OF (Promotion and Facilitation) Act
1152/2020 INDIA AND 2020, Essential Commodities
ORS. (Amendment) Act 2020 and Farmers
(Empowerment and Protection)
Agreement on Price Assurance and
Farm Services Act, 2020 as being
unconstitutional being beyond the
legislative competence of the Union
of India and being violative of
Articles 14, 19, 21, 23, 243G and 246
of the Constitution of India.

21 W.P.(C) No. JAIRAM Department of It is a Writ Petition filed under

25/2020 RAMESH Personnel & Article 32 of the Constitution of India
VS Training for issuance of appropriate writ to
(DoPT) declare and set aside the right to
UNION OF information (RTI) Amendment Act,
INDIA AND 2019 and Rules made thereunder as
ANR. ultra-vires to the Constitution and
against the aims and objects of RTI
Act 2005.
22 MA 111/2021 MADRAS Ministry of It is a writ petition filed under Article
in W.P.(C) BAR Law & Justice 32 of the Constitution by the Madras

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 No. 804/2020 to ASSOCIATIO Bar Association against the Union of
W.P.(C) No. N India for declaration that Tribunal,
502/2021 VS Appellate and other authorities
UNION OF (Qualifications, experience and other
INDIA AND conditions of service of members)
ANR. Rules 2020 be declared as ultra-vires
to the Constitution.

23 WP(C) 51/2020 SWATI Ministry of The Transgender Persons (Protection

BIDHAN Social Justice of Rights) Act, 2019 has been
BARUAH vs. & challenged, including Sections 4, 5,
UNION OF Empowerment 6, 7, 12(3), 18(a) and 18(d) of the
INDIA Act.

24 W.P.(C) No. SAMASTHA Ministry of The Muslim Women (Protection of

60/2020 PIL-W KERALA Law & Justice Rights on Marriage) Act, 2019. The
JAMIATHUL pleas have alleged that the Act is
ULEMA V unconstitutional, as it criminalizes
UNION OF the “mere pronouncement of triple
INDIA talaq, which had already been
declared unconstitutional and void”
by the Supreme Court.

25 W.P. C – AMOL Ministry of Challenge to Information Technology

760/2021 PALEKAR vs. Electronics (Intermediary Guidelines & Digital
UNION OF and Media Code) Rules, 2021.
T.P. C – 997- INDIA & 7 Information
1000/2021 Connected Technology
Matter
T.P. C – 1147-
1152/2021

T.P C – 1248-
1252/2021

SLP C – 14506-
07/2021

SLP C –
11163/2021

SLP C –
11566/2021

SLP C –
8670/2022

26 WP (C) MADRAS Ministry of The Tribunals Reforms

1018/2021 BAR Law & Justice (Rationalization and Conditions of
ASSOCIATIO Service) Ordinance, 2021 is under
N VS. UOI challenge.

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27 WP (C) No. DILIP B. Ministry of Challenging Section 95 (1), 96(1),
1281 of 2021 JIWARJKA Corporate 97(5), 99(1), 99(2), 99(4), 99(5),
Vs. UOI Affairs 99(6) and 100 of the Insolvency and
Bankruptcy Code, 2016, pertaining to
individual solvency.

28 WP (C) MAHUA Ministry of Challenged The Central Vigilance

1274/2021 MOITRA VS. Home Affairs Commission (Amendment)
UOI Ordinance, 2021 and The Delhi
Special Police Establishment
(Amendment) Ordinance, 2021 andit
violates the principle of fair
investigation and trial and overrules
the Court‟s previous decisions on the
extension of the term of ED and CBI
Directors tenure.

29 WP (C) GOVERNME Ministry of The Government of National Capital

887/2021 NT OF NCT Home Affairs Territory of Delhi (Amendment) Bill,
OF DELHI 2021. The Amendment diminishes
VS. UNION the powers and functions of the
OF INDIA elected Legislative Assembly and
establishes the LG as the default
administrative authority over NCT
Delhi on all matters.

30 WP (C) No. GURMEET Ministry of Challenging Section 95 (1), 96(1),

307 of 2022 SODHI vs. Corporate 97(5), 99(1), 99(2), 99(4), 99(5),
UOI Affairs 99(6) and 100 of the Insolvency and
Bankruptcy Code, 2016, pertaining to
individual solvency.

31 Petition (s) for OIL AND Ministry of The Arbitration and Conciliation Act,
Arbitration NATURAL Law & Justice 1996. Challenged Fourth Schedule,
(Civil) GAS which decides the fees for arbitrators.
No.5/2022 CORPORATI
ON V
AFCONS
GUNANUSA
JV
32 W.P C – VITHALBHAI Ministry of Petition Challenging the vires of
317/2022 RAVJIBHAI Environment provision of limitation prescribed
VANSIYA vs. Forest & under Section 14, 15 & 16 of NGT
UNION OF Climate Act, 2010.
INDIA Change

33 T.P.(C) No. UNION OF Ministry of Constitutionality of the Rule 29(4) of

1253- INDIA VS Commerce the Copy rights Rules 2013 and

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 1254/2022 KAL RADIO section 31D of copyrights Act 1957
LIMITED is under challenge.
AND ORS.
34 WP (C) No. DHIRENDRA Ministry of Challenging Sections 95, 96, 97, 98,
395/2022 HANSRAJ Corporate 99, 100, 108, 114, 116, 118 of the
SINGH vs. Affairs Insolvency and Bankruptcy Code,
UOI 2016 pertaining to individual
solvency.
35 WP (C) No. VIKRAM Ministry of Challenging the vires of Sections 95,
388 of 2022 BHAWANISH Corporate 96(1), 97(5), 99(1) and 100 of the
ANKAR vs. Affairs Insolvency and Bankruptcy Code,
UOI 2016 being violative of, inter alia,
Article 14, 19(1)(g) and 21 of the
Constitution.

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