India’s courts will begin the new year with a clutch of hearings including a fight to recognize same-sex marriage, a plea against the anti-trust agency’s fine on Google, and petitions challenging the legality of Prime Minister Narendra Modi’s 2016 move to ban high-value currency notes.
(Bloomberg) — India’s courts will begin the new year with a clutch of hearings including a fight to recognize same-sex marriage, a plea against the anti-trust agency’s fine on Google, and petitions challenging the legality of Prime Minister Narendra Modi’s 2016 move to ban high-value currency notes.
Any decisions would set the tone ahead of several politically high-stakes matters that will test perceptions of the court’s independence. Chief Justice D.Y. Chandrachud took charge in November and his two-year tenure — the longest in the job by any judge in a decade — will see India go through a national vote in 2024, when Modi seeks a third term.
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Jan. 2
The Supreme Court on its first working day of 2023 upheld Modi’s 2016 decision to invalidate 85% of India’s currency. The 4:1 majority ruling offers a boost to the ruling party in the run up to a series of elections, while the lone dissenter found the move to be “contrary to the law.”
The overarching decision on the legality of the move six years after it was carried out was always going to be moot; but the judgment delved into the procedure adopted by the government and the Reserve Bank of India.
The majority opinion found no flaw in the decision-making process and dismissed the argument that demonetization was announced in a haste. The panel was unanimous on the decision being a “well-intentioned” one.
Jan. 3
Chanda Kochhar, the former chief executive officer of ICICI Bank Ltd. has challenged her arrest by India’s central investigating agency. While Kochhar is under judicial custody till Jan. 10, the Bombay High Court is likely to take a call in the first week of January on whether there is merit in her plea.
Kochhar was arrested along with her husband Deepak for alleged loan improprieties.
Jan. 6
The top court is also set to hear pleas by gay couples seeking legal recognition of same-sex marriages under India’s statute for marriage.
The government is expected to place its view before the court this week; Modi’s administration has opposed gay marriage in the past citing Hindu law though in 2018 its decision to abstain had paved the way for the court to legalize gay sex in a landmark ruling.
No Dates
Google fine: Big tech companies’ run-ins with Indian law will play out before the National Company Law Appellate Tribunal in the first week of January when Google’s appeal against an anti-trust decision is expected to be heard.
The Competition Commission of India last year fined Alphabet Inc.’s Google a total 22.7 billion rupees ($274 million) for “abusing” its dominant position on its Android mobile software and app store. Google is challenging the penalty, payment of which is likely to be suspended by the court until it reaches a decision.
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