Five Constitution Benches of the Supreme Court will start hearing five key issues from October 10, including whether it is within the fundamental rights of a person to opt for euthanasia.
One of the five constitution Benches will be hearing a series of appeals filed by the Delhi government for laying down the law on whether the Lieutenant-Governor (L-G) can unilaterally administer the national Capital without being bound by the “aid and advice” of the elected government.
‘Not seeking Statehood’
The question before the five-judge constitution Bench hearing the Delhi government-Centre turf spat would be whether the issue should be referred further to an 11-judge Bench. This is because a nine-judge Bench of the SC had in 1996 in the NDMC versus State of Punjab case, recognised Delhi as a Union Territory for taxation purposes.
However, arguing before a two-judge Bench in February this year, senior advocate Gopal Subramanium, representing the Delhi government, had submitted that his client was not seeking full Statehood for Delhi, but for grant of more freedom for an elected government to administer and govern the National Capital.
The court had, in February 2014, referred to a constitution Bench a petition by an NGO, Common Cause, seeking to declare right to die with dignity as a fundamental right within the fold of right to live with dignity guaranteed under Article 21 of the Constitution.
Privacy judgment
On the question of euthanasia, the five-judges on the Constitution Bench will have to take into consideration the observations made by Justice J. Chelameswar, who was part of the nine-judge Bench which recently upheld privacy as a fundamental right.
Justice Chelameswar, in his separate judgment in the privacy case, had observed that the right of a person to refuse medical treatment to prolong life was part of the fundamental right to privacy.
“An individual’s rights to refuse life prolonging medical treatment or terminate his life is another freedom which fall within the zone of the right of privacy,” Justice Chelameswar had written. .
The other three constitution Benches would deal with questions like whether a parliamentary panel report can be referred to or relied upon during judicial proceedings, how to add income for future prospects of victims in motor accident claims and whether the SC can entertain a plea for making an arbitration award a rule of the court.