Supreme Court Observer

🌇 Good Morning! ⁉️ *Can public employers change the rules of selection once the process is already underway?* 🏛️ A 5-judge Constitution Bench will answer this question today. At the heart of this case is the interplay between eligibility, merit and transparency. Here's everything you need to know: https://bit.ly/3Ay3h51 🚕 Yesterday, another 5-judge bench held that holders of Light Motor Vehicle Licences can drive Transport Vehicles weighing under 7500 kg, providing relief to many gig workers in the country. Our report: https://bit.ly/3UHj0Wl 👨🏻‍⚖️ Today is CJI Chandrachud's penultimate working day at the Supreme Court. Read our latest newsletter for a snapshot of his tenure: https://bit.ly/3ArqqpB

🌻 Good morning! 🚕 Today, the Supreme Court will deliver judgement on whether a person licenced to drive a Light Motor Vehicle is entitled to drive a ‘Transport Vehicle of Light Motor Vehicle Class’ with unladen weight of less than 7500 kg'. The outcome could impact the livelihoods of gig workers who use their LMV licence to transport people and goods. Read: https://bit.ly/3Ce7eMB 📝 Read our detailed case docket, including reports of seven days of hearings, here: https://bit.ly/3Az2SyQ 🩺 Today, the Court will also continue hearing the R.G. Kar Hospital rape and murder case. In the last hearing, the Court noted the lack of progress made by the National Task Force set up by the Court. Read: https://bit.ly/48xpEnN

🍃 Good Morning! 🏛️ Today, a 9-judge bench of the Supreme Court will deliver the judgement on whether private property can be considered “material resources of the community” under Article 39(b) of the Constitution. Here's everything you need to know: https://bit.ly/4ehGMz8 5️⃣ Four working days remain in CJI D.Y. Chandrachud’s tenure. Here are key Constitution Bench decisions pending before his Court: https://bit.ly/3YGi7P4 🩺 Today, the Court is scheduled to continue hearing the R.G. Kar rape and murder case. In the last hearing, the Court urged the National Task Force to speed up its work: https://bit.ly/48xpEnN

🍃 Good Morning! 👨🏻‍⚖Today marks the beginning of an end. It will be Chief Justice D.Y. Chandrachud‘s final working week before the curtain falls on his eight-year tenure at the Supreme Court. 🏛️ Analysing the tenure as the longest-serving Chief Justice since 2012 doesn’t lend itself to easy generalisations and pithy one-liners. Read: https://bit.ly/3ArqqpB ⚖️ As the incoming Chief Justice, Sanjiv Khanna has the enviable task of balancing continuity with fresh reforms. Read our introduction: https://bit.ly/3UCejgq 📄 Today, the Court is scheduled to hear challenges to the constitutional validity of the 2019 amendments to the Unlawful Activities (Prevention) Act, 1967. Read: https://bit.ly/3NSKAvL

☕️ Good Morning! 👨‍⚖️ Justice Sanjiv Khanna will assume office as India's 51st Chief Justice on 11 November for a tenure of 6 months. We look at his journey so far and what his term has in store: https://bit.ly/3NLSAPp 🏛️ Next week is Chief Justice D.Y. Chandrachud's last working week. Elevated in 2016, CJI Chandrachud has been on the Supreme Court bench for 8.5 years. Read more about his life and career here: https://bit.ly/3A9KXPC 🏭 Last month, the Supreme Court held that state governments have the power to regulate industrial alcohol. We summarise the 364-page judgement: https://bit.ly/3C3wOnr

🎆 Good Morning! Next week will be CJI D.Y. Chandrachud's last working week at the Supreme Court. Before he retires, Constitution Benches led by him are expected to deliver five significant decisions. Stay updated with SCO: 💬 Big on Twitter (X)? Follow us now! We will be live tweeting key judgement pronouncements: https://bit.ly/3dXuuCU 📸 We’re also on Instagram with posts and videos on the biggest story of the day and week: https://bit.ly/3Rnjzjr 📹 Subscribe to our YouTube channel for video updates and explainers: https://bit.ly/3RkL39u 📧 If you enjoy a crisp weekend newsletter, SCO’s Desk Briefs are for you. Sign up here: https://bit.ly/3TZLf20 🙏🏽 Thank you for following our updates. Do write to us at admin@scobserver.in with suggestions!

📖 Good Morning! 🌧️ It was raining decisions in October! SCObserver has you covered 🥃 Last week, a nine-judge bench of the Supreme Court held that state governments have the power to regulate industrial and potable alcohol. Our judgement summary captures the key takeaways: https://bit.ly/3C3wOnr 📑 A week before that, a five-judge bench upheld the constitutionality of Section 6A of the Citizenship Act which granted citizenship to migrants who entered Assam from Bangladesh. Our summary: https://bit.ly/48hyaqA ❌ Earlier this month, a three-judge bench struck down rules perpetuating caste based segregation and discrimination in prisons. It directed state governments to update their prison manuals in three months. More: https://bit.ly/4f3gNfM

☕ Good Morning! 📇 This month, a 5-judge Constitution Bench upheld Section 6A of the Citizenship Act, 1955 in a 4:1 majority. The provision grants citizenship to migrants who entered India from Bangladesh before 25.03.1971. 👨🏻‍⚖️In his dissent, Justice J.B. Pardiwala relied on the principle of "temporal unreasonableness" to hold that the provision was unconstitutional. We explain this principle here: https://bit.ly/4fk1aAF 🥃 Last week, a 9-judge bench, in an 8:1 majority, upheld states' power to regulate industrial alcohol. Justice B.V. Nagarathna delivered the dissenting opinion. 👩🏻‍⚖️She noted that allowing states to regulate matters where Union laws already exist would lead to a “breakdown” of the federal structure: https://bit.ly/4fmnPfq

🧪 Last week, in an 8:1 majority, the Supreme Court held that a state government has the power to regulate industrial alcohol. It also held that states’ power to make laws on “intoxicating liquor” included the alcohol used for industrial purposes. 🥃 This seemingly technical case had some interesting moments, including a sprinkling of quintessential booze humour. ❗ Our newsletter this week discusses how this case throws up questions on achieving ‘federal balance', and the concerns that Justice Nagarathna's dissenting judgment raises. https://bit.ly/4fmnPfq

🌼 Good morning! 👨🏻‍⚖ Yesterday, the Union government notified the appointment of Sanjiv Khanna as the next Chief Justice of India. He will assume this role after the incumbent Chief Justice, D.Y. Chandrachud, retires on 10 Nov 2024. Learn more about Justice Khanna: https://bit.ly/3UmLDIi 📜 Last week, CJI Chandrachud had nominated Justice Khanna to be the next CJI. Of the judges currently in the Supreme Court, Justice Khanna has served the longest after CJI Chandrachud. Read: https://bit.ly/48ob95K 8️⃣ Who are the next 8 Chief Justices of India if the seniority principle is followed? Read about the judges who will lead the Supreme Court till 2031: https://bit.ly/4huzIlA

🌴Good Morning! 🥃 Yesterday, a 9-judge bench held that states' power to make laws on “intoxicating liquor” includes industrial alcohol. The Court overruled a precedent which held that states' power is restricted to potable alcohol. In her dissent, Justice Nagarathna held that the Union already occupies the field of regulating industrial alcohol: https://bit.ly/40ghM7O 👨‍⚖️Yesterday, a bench led by CJI DY Chandrachud deferred petitions challenging the marital rape exception. It will be heard by a new bench after his retirement next month: https://bit.ly/40dZqEv ⏱️Last week, Justice Pardiwala relied on the principle of 'temporal unreasonableness’ to find that Section 6A of the Citizenship Act was unconstitutional. We explain: https://bit.ly/4fk1aAF

🌇 Good Morning! 🏛️ Today, a 9-judge bench of the Supreme Court will deliver the judgement that decides whether Union or states have the power to regulate industrial alcohol. Here's everything you need to know about the case: https://bit.ly/3BW97O1 🥃 Arguments in the case took place over six days.The decision will have implications on public health, state revenues and the extent of the Union's power over industries. Here's our comprehensive coverage: https://bit.ly/3PNWbxx 🗣️ Today, the Court is scheduled to continue hearing the challenges to the marital rape exception in Indian penal law. Previously, petitioners argued that the Court's striking down of the exception would not amount to the creation of a new offence: https://bit.ly/3BUTNkH

🍃 Good Morning! 🏛️ Today, the Supreme Court will continue hearing challenges to the marital rape exception under Indian criminal law. 🗣 In the last hearing, petitioners argued that the law is patriarchal and violates the fundamental rights of married women. Today, the Union is set to commence arguments. Read here: https://bit.ly/3BUTNkH 👨🏻‍⚖ Last week, a five-judge bench of the Court upheld Section 6A of the Citizenship Act in a 4:1 majority. As CJI Chandrachud's tenure comes to a close, a series of Constitution Bench rulings are expected in the coming days. Read our latest newsletter here: https://bit.ly/4feyaKi

🌻Good Morning! 5️⃣ Last week, a 5-judge bench of the Supreme Court upheld the constitutionality of Section 6A of the Citizenship Act, 1955, in a 4:1 majority. 🗃️ The provision grants citizenship to migrants who entered Assam from Bangladesh before 25 March 1971. 🗣️ Petitioners had argued that Section 6A led to an influx of illegal immigration in Assam, violating their right to equality, culture and self-governance. 📑 The 407-page judgement has three opinions. Justice Surya Kant authored the majority opinion. CJI D.Y. Chandrachud authored a concurring one. Justice J.B. Pardiwala authored the sole dissent. We summarise them here: https://bit.ly/48hyaqA 🗒️ We break down key observations in tabular form in our judgement matrix: https://bit.ly/4hoAoca

🌇 Good Morning! 🪪 Yesterday, a 5-judge bench upheld the validity of Section 6A of the Citizenship Act, 1955 in a 4:1 majority. The decision validates the citizenship granted to immigrants who entered India from Bangladesh between January 1966 and March 1971: https://bit.ly/40a7tCu 🏛️ The Court also commenced hearing challenges to the marital rape exception in Indian penal law. Petitioners argued that the Court could strike down the exception as it would not amount to creating a new offence: https://bit.ly/4084meg 👨🏻‍⚖️ CJI D.Y. Chandrachud is set to retire next month. As per convention, he nominated the senior-most judge Sanjiv Khanna as the next Chief. If approved by the Union, Justice Khanna will assume office on 11.11.2024: https://bit.ly/3YD4wJz

🍃 Good Morning! 👨‍⚖ Today, a five-judge Constitution Bench of the Supreme Court will deliver the judgement on the constitutionality of *Section 6A* of the Citizenship Act. 📔 The provision grants citizenship to immigrants who entered Assam from Bangladesh before March 1971. The judgement was reserved in December last year after 4 days of arguments. Here's everything you need to know: https://bit.ly/3Ybjy7x 🏛️ Today, the Supreme Court is also scheduled to commence hearing challenges to the marital rape exception under Indian criminal law. Here's our background of the case: https://bit.ly/3UeuDUf

🌤 Good Morning! 📂 Yesterday, the Supreme Court reviewed the CBI's 5th status report in the R.G. Kar Medical College rape and murder case. 👇 *Key highlights:* 1) On 7 October, the CBI filed a chargesheet against Sanjay Roy, the prime accused, under charges of rape and causing death due to rape. 2) The National Task Force is currently reviewing inputs from 7800 medical institutions to draft safety guidelines for medical professionals. A progress update is due in 3 weeks. 3) The West Bengal government assured that infrastructure and safety upgrades will be completed in 28 government hospitals by the end of October. 4) Protesting doctors have returned to work, barring a few exceptions. 📜 For more details, read our report: https://bit.ly/3YpNVbX

☔ Good Morning! 👨🏻‍⚖️ Yesterday, Chief Justice D.Y. Chandrachud said that the challenges to the marital rape exception will be listed for the next day. Appropriately, the case titled _Hrishikesh Sahoo v State of Karnataka_ is listed for hearing today at Item 14 in Court 1. Here's our case background: https://bit.ly/4eIC5zp 📃 Also listed for hearings today are challenges to the restitution of conjugal rights, criminalisation of triple talaq and hate speech. Read SCO's case backgrounds here: https://bit.ly/3U8L2tE 🏛️ In our daily scan of the causelist, we have found that these cases are often listed but have never been heard on merits. We explore this pattern here: https://bit.ly/3TH0BIv

🍁 Good Morning! On Saturday, Prof. G.N. Saibaba passed away. He was acquitted by the Bombay HC in March this year and released from jail after 10 years of incarceration. Shortly after his release, he spoke to SCO about his aspirations for the future: https://bit.ly/4dLipcA Layered within Prof Saibaba's words was also a criticism of the Supreme Court. Though he expressed disappointment with the Court, he noted that it could reform key legal institutions. Read: https://bit.ly/3wWexpN The Court’s Monsoon Session saw reduced Constitution Bench activity, bail orders for opposition leaders and suo moto cases. More in our newsletter: https://bit.ly/3XX4bQ0

🌥️Good Morning! 🌧️ *Our Monsoon Session Review is here!* 🌩️ Although the Supreme Court doesn’t formally divide its terms into seasonal sessions, we at the _SCO_ have done so for analytical clarity: Spring (January to March), Summer (April to June), Monsoon (July to September), and Winter (October to December). ⛈️ This monsoon season, the Court delivered two significant Constitution Bench decisions, heard suo moto cases and granted bail to several Opposition leaders: https://bit.ly/4dH1qbI *Catch our earlier session reviews here:* ☀️ *Spring Session*: https://bit.ly/3JnO8DW 🌞 *Summer Session*: https://bit.ly/3zjgzS1 🌤️ Stay tuned on scobserver.in for more! Have a good weekend!