Interim relief in suits involving constitutional questions referred to a Constitution Bench should be deferred if such relief could impact the final result, ensuring that interim applications and main suits are decided simultaneously and comprehensively.

Headnote:(A) Constitution of India - Scope and ambit of constitutional provisions - Interim relief in suits between States - Decision on interim applications to be deferred until final disposal by a Constitution Bench - Where interim relief may have a direct impact on the final result of the suits and constitutional questions are under scrutiny, it is appropriate that interim applications be decided simultaneously and comprehensively with the main suits by an appropriate Constitution Bench/Special Bench.

Facts of the case:
A dispute exists between multiple States involving original suits and various interim applications. The suits had previously been directed to be placed before a Constitution Bench for the scrutiny of constitutional provisions. One of the States had also moved applications for the amendment of its written statement.

Findings of Court:
The court observed that any order passed by way of interim relief at the current stage may have a direct impact on the final result of the suits. Given that the scope and ambit of constitutional provisions are under scrutiny, the interim applications deserve to be placed along with the main suits for final disposal.

Issues: Whether interim relief should be granted in suits involving constitutional questions already referred to a Constitution Bench, or whether such applications should be decided along with the main suits to avoid impacting the final result.

Ratio Decidendi: When the scope and ambit of constitutional provisions are under scrutiny by a Constitution Bench, interim orders that may prejudice the final result should be deferred and decided comprehensively alongside the main proceedings to ensure a holistic and simultaneous resolution.

Result: Request made to the Chief Justice to constitute an appropriate Constitution Bench/Special Bench for deciding the interim applications along with the main suits.

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ORDER

Having heard learned Senior Counsel for some time we found that any order passed in this group of matters at this stage by way of interim relief, may have a direct impact on the result of the suits especially when the scope and ambit of the constitutional provisions is on the anvil of scrutiny before the Constitution Bench and these suits are already directed to be placed before the Constitution Bench by an earlier order dated 21-7 -1998 passed in these proceedings. In our view, these IAs deserve to be placed along with the main suits for final disposal before the appropriate Constitution Bench/Special Bench. Having carefully considered the grievance voiced by the State Governments concerned before us in these proceedings, we observe that the dispute between the contesting States deserves to be decided at the earliest so that many more monsoons may not pass though whatever might have happened in the past. Under these circumstances, we request the Honble the Chief Justice of India to make it convenient to constitute an appropriate Constitution Bench/Special Bench in January 2000 at any appropriate time as thought fit for deciding these IAs along with the main suits at the earliest. Learned Senior Counsel for the parties also agreed before us that this is the only appropriate order that can be passed so that the IAs and the suits can be decided simultaneously and comprehensively by an appropriate Constitution Bench/Special Bench. Learned Senior Counsel for the State of Maharashtra submitted that he has moved IAs Nos. 8 and 9 in OS No.2 of 1997 for amendment of its written statement. It is obvious that these IAs will have to be decided by an appropriate Constitution Bench/Special Bench in accordance with law. All learned Senior Counsel for the appearing parties stated before us that full cooperation will be available from all States before the Constitution Bench so that the time schedule for disposal of the suits and the IAs is maintained. Ordered accordingly.

Court Masters

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1999 Supreme(SC) 1414

Interim relief in suits involving constitutional questions referred to a Constitution Bench should be deferred if such relief could impact the final result, ensuring that interim applications and main suits are decided simultaneously and comprehensively.

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