Recently, the Apex Court of India recently formed a New Constitutional Bench to hear new cases.
"No doubt it is a salutary principle not to permit the State or its instrumentalities to tinker with the ‘rules of the game’ insofar as the prescription of eligibility criteria is concerned as was done in the case of C Channabasavaiah v. State of Mysore [AIR 1965 SC 1293] etc. in order to avoid manipulation of the recruitment process and its results. Whether such a principle should be applied in the context of the ‘rules of the game’ stipulating the procedure for selection particularly when the change sought is to impose more rigorous scrutiny for selection requires an authoritative pronouncement of a larger Bench of this Court."
The bench is scheduled to hear the following two cases the first case, Cox and Kings vs SAP Pvt Ltd. In this matter, the following issues will be considered by the bench. Whether the group of companies doctrine should be read into Section 8 of the [Arbitration] Act or whether it can exist in Indian jurisprudence independent of any statutory provision.
The Bench also discussed whether the group of companies doctrine should continue to be invoked on the basis of the principle of ‘single economic reality. Whether the principles of alter ego and/or piercing the corporate veil can alone justify pressing the group of companies doctrine into operation even in the absence of implied consent?
Another Case is Tej Prakash Pathak and ors vs Rajasthan High Court and ors
In this matter, the top court will deal with the question of whether State instrumentalities can change eligibility rules after a selection process has begun. In other words, can the criteria for appointment to a post be altered by authorities concerned in the middle or after the process of selection has started?
The question in the reference order reads as follows:
The matter was earlier listed before a Constitution bench led by Justice Indira Banerjee, but that bench was dissolved after her retirement on September 23 last year.
The bench consists of CJI DY Chandrachud and Justices Hrishikesh Roy, Justice PS Narasimha, Justice JB Pardiwala and Justice Manoj Misra.
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