In what can be considered as judicial overreach, the Supreme Court recently mandated that the President of India must take a decision within three months on any bills referred by state governors—a move in line with the Ministry of Home Affairs’ existing timeline. This directive while aimed at reducing executive delays and ensuring smoother legislative processes, seems hypocritical. This sense of urgency stands in stark contrast to the Court’s own handling of long-pending cases. While it imposes deadlines on others, the apex court continues to sit on several cases for over decades without resolution.
In an effort to shed light on this paradox, a recent report based on a Right to Information (RTI) request filed by the Supreme Court Observer revealed startling data on cases that have remained pending in the Supreme Court for over 30 years. This was prompted by the Court’s decision to list certain significant constitutional bench matters, involving seven- and nine-judge benches, for preliminary directions in late 2023.
In response, the Supreme Court Registry provided a list of 24 cases—many of which are interconnected. A considerable number are tied to a 1986 amendment in Maharashtra, under which the state government took possession of private properties citing failure by owners to maintain them. This issue has sparked protracted litigation from property owners challenging the law.
Apart from these property-related matters, the list also includes several landmark cases:
- M.C. Mehta’s Public Interest Litigations (PILs): These environment-related cases are held open by the Court for issuing ongoing directions on matters of public governance.
- Dawoodi Bohra Excommunication Case: A critical case involving the legality of excommunication within the Dawoodi Bohra community, touching on Essential Religious Practices under Indian constitutional law.
Highlights of Key Cases:
1. Sambalpur Merchants Association v. State of Orissa
Seven-judge bench | Pending for over 30 years
This case questions whether Odisha had the legislative authority to levy an additional surcharge on sales tax. Conflicting earlier rulings in similar matters led to it being referred to a larger bench. A hearing is now scheduled for April 2024.
2. Arjun Flour Mills v. State of Odisha Finance Dept. Secretary
Seven-judge bench | Pending for over 30 years
The lead case in the sales tax surcharge dispute. It examines if such surcharges are state subjects or fall under the Union’s taxation authority. Hearing scheduled for April 2024.
3. Maharana Mahendra Singh Ji v. Maharaja Arvind Singhji
Division Bench | Pending for nearly 31 years
A property dispute among Mewar royalty following the death of Maharaja Bhagwat Singhji. A contempt petition concerning property possession is awaiting Supreme Court resolution.
4. Manju Kacholia v. State of Maharashtra
Nine-judge bench | Pending for nearly 31 years
One of several cases connected to the Property Owners’ Association litigation. It challenges the 1986 state acquisition of dilapidated buildings under the MHADA Act.
5. Abhiram Singh v. C.D. Commachen (Dead)
Five-judge bench | Pending for over 31 years
Relates to the interpretation of “corrupt practice” under the Representation of People Act. After a landmark 2017 ruling clarified the law, the matter awaits final adjudication.
6. Property Owners’ Association v. State of Maharashtra
Nine-judge bench | Pending for over 31 years
Central to a constitutional debate on whether private property qualifies as “material resources” under Article 39(b). The case questions the legality of the Maharashtra government’s acquisition of certain properties for public welfare.
7. Property Owners’ Association v. State of Maharashtra Chief Secretary
Nine-judge bench | Pending for over 31 years
A related case challenging the same amendment, with requests to halt acquisitions and return properties restored by private agreements.
8. Dr. Aspi Framroze Golwalla v. State of Maharashtra
Nine-judge bench | Pending for nearly 32 years
This writ petition contests a 1991 Bombay High Court ruling upholding the constitutional validity of Chapter VIII-A of the MHADA Act.
9–13. Five Related Petitions
All Nine-judge bench | Pending between 31 to 32 years
These include Dharamdas Hargovinddas, Krishanlal Mohanlal Thakar, Vinodray Harkishandas Sanghavi, Pramila Chintamani Mohandas, and Shivram Ramayya Yerala—all connected to the main Property Owners’ Association case and challenging the 1991 Bombay HC ruling.
14. Raichand Korshi Shah v. Malshi Meghji Charla
Nine-judge bench | Pending for over 32 years
Oldest pending criminal case in the SC. Part of the larger Dawoodi Bohra excommunication challenge.
15. All India Judges Association v. Union of India
Division Bench | Pending for nearly 35 years
Concerns service conditions of the lower judiciary. It led to the creation of the Shetty Commission and continues to impact service norms and promotions in the judiciary.
16–17. State of Assam v. Union of India
Division Bench | Pending for 35+ years
Multiple original suits addressing boundary disputes between Assam and neighboring states. A hearing is scheduled for April 2024.
18. Shamrao Bajirao Pawar v. Smt. Housabai (Dead)
Registrar | Pending for almost 36 years
Details are scarce due to the age of the case. Public contributions are invited to fill in missing records.
19. Central Board of Dawoodi Bohra Community v. State of Maharashtra
Nine-judge bench | Pending for over 38 years
Challenges a 1962 SC ruling that struck down a law banning excommunication. Although the original 1949 law has been repealed, the case continues due to its constitutional implications. It has been referred to the nine-judge bench in the context of the Sabarimala review.
Despite announcing a fresh case categorization system effective from 21 April 2025, the Supreme Court must also reflect on its growing backlog. Cases involving major constitutional questions, citizens’ rights, and property disputes continue to await resolution for decades. The gap between judicial urgency in governance matters and judicial delay in self-accountability remains a pressing issue.
(With inputs from the Supreme Court Observer)
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