SC gives split verdict in hijab case: What happens next?

After days of intense arguments, the Supreme Court’s two-judge bench hearing the Karnataka hijab row gave a split verdict. While one of the judges upheld the Karnataka High Court’s verdict that was in favour of the state government’s circular barring young Muslim women from wearing hijab in classrooms, the other judge disagreed with the ban on the hijab. The matter will now be placed in front of the Chief Justice of India for his directions. So what is the legal course of action now?

The term of the current CJI Justice Lalit ends on November 9, 2022 and he has written to the Union Government recommending Justice D Y Chandrachud as his successor. The government is yet to announce its decision. The current CJI can either prefer to act on it immediately or make way for his successor to use his discretion.

Supreme Court advocate KV Dhananjay says that it is unlikely that the matter will be dealt with swiftly. “It is less likely that a new bench will be constituted before the end of November because the court is already tied up with several constitutional benches. Considering that the CJI will be mindful of the fact that the bench constituted will have to take a great deal of time in studying this case, it is more likely that the next CJI will constitute a bench later. The current CJI cannot spell out anything and it just lies on the file till his successor takes it up,” he adds.

But whichever CJI takes it up, the option before him will be to refer this matter to a three-judge bench or a larger bench. Matters of availability, conflict of interest and possible expertise in the subject will be considered before appointing judges on such a bench.

“Considering that the matter has to look into the constitutionality of the government's order, the constitution specifies that such matters should go before a five-judge bench. This is a matter which could have plurality of opinion as we have seen. There is a greater probability of having a clear majority of opinion when it’s a five-judge bench,” Dhananjay adds.

Read: Split verdict in hijab case: Judges disagree on Karnataka case, larger bench to decide

Meanwhile, the Karnataka High Court order from March 15, 2022 will be applicable and the status quo remains. The Karnataka HC had dismissed a batch of petitions filed by Muslim girl students challenging the Karnataka government order banning hijab in classrooms and seeking their right to wear hijabs. The HC had said that wearing the hijab is not an essential religious practice in Islam and freedom of religion under Article 25 of the Constitution is subject to reasonable restrictions.