35 cases challenging laws, Constitutional Amendment Acts pending in Supreme Court: Govt

As many as 35 cases challenging central legislations and Constitutional Amendment Acts, including the one questioning the law penalising practice of instant triple talaq, are pending in the Supreme Court, Law Minister Kiren Rijiju said in a written reply in Rajya Sabha. He was asked about laws and Constitutional Amendment Acts passed by Parliament pending for judicial review in the Supreme Court from 2016.

One of the cases mentioned by him includes the one filed by Samastha Kerala Jemiyyathul Ulama on The Muslim Women (Protection of Rights on Marriage) Act, 2019.

The pleas have alleged that the Act is unconstitutional, as it criminalises the "mere pronouncement of triple talaq, which had already been declared unconstitutional and void" by the Supreme Court.


One of the cases mentioned in the reply has been filed by the Delhi government on The Government of National Capital Territory of Delhi (Amendment) Bill, 2021.

It has been claimed that the amendment diminishes the powers and functions of the elected Legislative Assembly and establishes the LG as the default administrative authority over NCT of Delhi on all matters.

In another case, the petitioner has approached the Supreme Court under Article 32 of the Constitution challenging the levy and collection of service tax/GST from the pilgrims who perform Haj through the Haj group organisers in Saudi Arabia, as per se unconstitutional, discriminatory and in violation of the fundamental rights under Articles 14, 25 and 26 of the Constitution.

Another plea has challenged the Information Technology (Intermediary Guidelines & Digital Media Code) Rules, 2021.