Hearings on Google fine and same-sex marriage reach courts

India’s courts will begin the new year with a clutch of hearings including a fight to recognize same-sex marriage, a plea against the anti-trust agency’s fine on Google, and petitions challenging the legality of Prime Minister Narendra Modi’s 2016 move to ban high-value currency notes.

Any decisions would set the tone ahead of several politically high-stakes matters that will test perceptions of the court’s independence. Chief Justice D.Y. Chandrachud took charge in November and his two-year tenure — the longest in the job by any judge in a decade — will see India go through general elections in 2024, when Modi seeks a third term.

January 2

The Supreme Court on its first working day of 2023 will decide whether Modi’s 2016 move to invalidate 85% of India’s currency notes was legal or not.

While the overarching decision on the legality will be moot, a five-judge panel may delve into the procedure adopted by the government and the Reserve Bank of India to see if petitioners were correct in alleging procedural lapses.

January 6

The top court is also set to hear pleas by gay couples seeking legal recognition of same-sex marriages under India’s statute for marriage.

The government is expected to place its view before the court this week; Modi’s administration has opposed gay marriage in the past citing Hindu law though in 2018 its decision to abstain had paved the way for the court to legalize gay sex in a landmark ruling.

No Dates

Google fine: Big tech companies’ run-ins with Indian law will play out before the National Company Law Appellate Tribunal in the first week of January when Google’s appeal against an anti-trust decision is expected to be heard.

The Competition Commission of India last year fined Alphabet Inc.’s Google a total 22.7 billion rupees ($274 million) for “abusing” its dominant position on its Android mobile software and app store. Google is challenging the penalty, payment of which is likely to be suspended by the court until it reaches a decision.

Chanda Kochhar: The former chief executive officer of ICICI Bank Ltd. has challenged her arrest by India’s central investigating agency. While Kochhar is under judicial custody till Jan. 10, the Bombay High Court is likely to take a call in the first week of January on whether there is merit in her plea.

Kochhar was arrested along with her husband Deepak for alleged loan improprieties.