Supreme Court Observer

🌿Good morning! 📃 Recently, in an unprecedented move, the Kerala Government filed a petition in the Supreme Court against the President’s withholding of 7 bills passed by the state legislature more than a year ago. 🖋️ Previously, the Kerala government had challenged the Governor’s move to keep the bills pending up to 24 months before he referred them to the President for consideration. The Kerala government argues that the withholding and the reference were done to frustrate the functioning of the government. https://bit.ly/4apXIBV ✍🏽 The Court is also hearing arguments against the Tamil Nadu Governor’s refusal to assent to bills. Recently, as part of this case, the Court heard challenges to the Governor’s refusal to appoint DMK leader K. Ponmudy as a minister. https://bit.ly/3vBZa5j Petitioners in both cases argue that a Governor’s moves to freeze the efforts of the government are in bad faith and against constitutional morality.

🍂 Good Morning! 🏛️ Earlier this month, Prof G.N. Saibaba was acquitted by the Bombay HC for the second time. In October 2022, a Special Bench of the Supreme Court had stayed the first acquittal. Criminal lawyer Harsh Bora writes that the HC's 2024 decision identifies "a recurring pattern" in the police's investigation of UAPA cases. https://bit.ly/4csm286 📱Last week, the Supreme Court transferred all challenges to the *Information Technology Rules, 2021* to the Delhi HC to prevent “contradictory judgments” from various HCs: https://bit.ly/4aqHVTl 🗓️ The Supreme Court is currently on a week-long break for Holi. Last year, the Court had 89 official holidays. Does our Court take more days off than top courts in other countries? https://bit.ly/3vA7q5P

🍃 Good morning! 👨🏻‍⚖️ Yesterday, the Supreme Court refused to stay the Election Commissioners Appointment Act 2023 on account of the upcoming elections. They held that the challenge to the constitutionality of the Act would be heard on merits in August 2024. Petitioners claim that the Act gives the Executive an unfair advantage in ECI member appointments. https://bit.ly/3x7YVj2 🔎 The Court stayed a Union notification setting up a fact check unit under the IT Rules. Petitioners argued that the notification violates freedom of speech and expression and makes the Union’s version of facts the “only version”. https://bit.ly/3VsTXqX 🖋️ Yesterday the Court observed that by refusing to re-induct DMK leader K. Ponmudy as a minister, the Tamil Nadu Governor had “virtually” violated his constitutional duty. Judgement will be delivered today after hearing the Governor’s arguments. https://bit.ly/3TANacy

🌄 Good Morning! 🚨 Here are 3 crucial cases scheduled to be heard by the Supreme Court today: 1️⃣ *Challenge to the Appointment of Election Commissioners Act, 2023* The Court will decide if the Act contradicts the decision in _Anoop Baranwal (2023)_ which set up a committee comprising the PM, Leader of the Opposition and the CJI to nominate members to the ECI. The Act replaces the CJI with a Union Minister. https://bit.ly/3VoLsxe 2️⃣ *Validity of Electoral Freebies* The practice of offering freebies as part of election campaigns had been challenged for being a corrupt practice. The Court will decide if parties’ promises are bribes or welfare schemes. https://bit.ly/48XYyok 3️⃣ *Challenge to the IT Rules 2023* The Union gov notified a fack-checking unit to identify and remove “fake, false, or misleading” information against them on social media. The SC will decide if the notification must be stayed. https://bit.ly/43t80id

🌿Good morning! 🗣️ Yesterday, the Supreme Court heard petitions challenging the Citizenship Amendment Act (CAA) 2019 and the CAA Rules of 2024. The Court refused to stay the implementation of the rules, and gave the Union 3 weeks to respond to the petitions. https://bit.ly/3TIwuks 🗳️ The challenge to CAA is one of the many cases that could influence how the wind blows in the upcoming General Election. We wrote about some of these cases in our latest newsletter. https://bit.ly/3x2W2Qs ✍🏽 We’ve also just published our Arguments Matrix on whether royalty paid on mines and minerals is a tax. The matrix breaks down complex arguments, heard over 8 days, on whether the Union or state governments have power over this source of revenue. https://bit.ly/43rGv8J

🍃 Good morning! 🗣️ Yesterday, heated conversations ensued in the electoral bonds hearing. Between SBI, the government and the citizens, while tensions, convictions and stakes remained high, the Court gave important directions. 🗒️ The Court had earlier directed SBI to reveal alphanumeric indicators which would enable the matching of donors and donees, bringing complete transparency to electoral bonds. We bring to you the dialogue, the mood and everything that went down in Court: https://bit.ly/4chUC4H 🗳️ The story of transparency ahead of the 2024 elections goes beyond electoral bonds. Explore how the Court's decisions in certain pending cases could shape this crucial year for our democracy: https://bit.ly/43pjPG9

☕ Good morning! ⚖️ Earlier this month, poet and professor G.N. Saibaba was acquitted of terror charges and released from jail after 10 years. 🏛️ In 2022, the Supreme Court had stayed Saibaba's release in a Saturday hearing. In our latest feature, Saibaba and other experts spoke about the case and how bail, especially for the marginalised, is a major blind spot for courts. Read here: https://bit.ly/3wWexpN 🪙 Electoral Bonds data has spurred critical conversations everywhere. Last Friday, the Court directed SBI to release the alphanumeric identifiers to match the donors and donees. If you missed it, check our report here: https://bit.ly/3wXTcwd

🌻 Good Morning! 💸 Today, a 5-judge Bench of the Supreme Court will hear the Election Commission of India's application seeking the return of the sealed cover information pertaining to Electoral Bonds that it had submitted to the Court. 📃 Yesterday, per the Court's directions on Monday, the ECI published SBI's Bond-related information on its website. https://bit.ly/43lqVvt 🏛️ Yesterday, after 8 days of arguments, a 9-judge Constitution Bench reserved judgement in the case to decide if 'royalty' is a 'tax'. https://bit.ly/3TnzLWp 🗣️ Last week, Professor G.N. Saibaba was released from prison after 10 years. In our latest feature, he speaks about how bail for the marginalised is a major blind spot for the courts. https://bit.ly/3wShdoe

🌿Good morning! 🗣️ Today, a 9-judge bench will continue hearing arguments on whether the Centre and state governments can simultaneously impose taxes on land from which minerals are extracted. https://bit.ly/3TnzLWp 🏫 Yesterday, respondents argued that the restrictions imposed on the state governments from collecting tax on land were in service of national interests and that the Union is empowered by the Constitution to collect taxes directly. https://bit.ly/4acCcjT 🎤 Last week, Prof. G.N. Saibaba was released from the Nagpur Central Jail, after being incarcerated for nearly 10 years of imprisonment both as an undertrial and as a convict. He spoke to the _Supreme Court Observer_ about the failures of the judiciary and its reflection in prisons https://bit.ly/3PemRan

🍁 Good Morning! 🗣️Last week, G.N. Saibaba, former Professor of Delhi University walked out of the Nagpur Central Jail after he was acquitted by the Bombay HC. Saibaba was in prison for 10 years and charged under the Unlawful Activities Prevention Act, 1967. Two days after his release, he sat down with the _Supreme Court Observer_ to discuss his thoughts on the criminal justice system: https://bit.ly/3PemRan 9️⃣Today, Day 7 of arguments will continue in the nature of royalty paid by mine leaseholders case. Yesterday, Solicitor General Tushar Mehta argued that the issue of taxing mines and minerals is not a turf war between the Union and state governments but a prime example of “cooperative federalism.” More: https://bit.ly/3T9mrU2 📄Yesterday, the State Bank of India shared details of Electoral Bonds to the Election Commission of India. What will happen now? On Monday, the Supreme Court directed the ECI to upload all details of bonds on its website by 5:00 PM on 15 March 2024: https://bit.ly/43lqVvt

🌅 Good Morning! 🏦 Yesterday, the Supreme Court dismissed the State Bank of India’s plea for time till June 30 to share details of electoral bonds. In February, the Court had set the deadline as 6 March. The top court refused the request and directed the information to be submitted today, and warned that if they will attract contempt proceedings for “wilful disobedience” if they fail to submit the data. Our report: https://bit.ly/43lqVvt 9️⃣ Today, a nine-judge bench will continue hearing arguments on the nature of royalty paid by mine leaseholders. So far, the Constitution Bench has completed 5 days of arguments. All reports here: https://bit.ly/3TnzLWp 🗓 Yesterday, the Union notified the Citizenship Amendment Rules, 2024. A challenge against the Citizenship (Amendment) Act, 2019 is pending before the Supreme Court. What are the contentions? Find out here: https://bit.ly/3TaUJX3

☕ Good Morning! 💸 Last month, the Supreme Court struck down the 2018 Electoral Bonds scheme as unconstitutional. The scheme enabled anonymous funding to political parties. 🏦The Bench had directed SBI to hand over to the Election Commission the details of bonds issued since 2019, by 6 March 2024. However, last week, SBI filed an application seeking an extension on the date. 🗣️ Association for Democratic Reforms, the lead petitioner in the case and others filed a contempt petition against SBI. 👨‍⚖️ Today, a 5-judge Bench of the Court is scheduled to hear SBI's application and the contempt petitions against it. 📃 Catch the proceedings live on scobserver.in. Also catch up on what else the Court said about the scheme here: https://bit.ly/49jQejU

🌿Good morning! 👩🏻‍⚖️Did you know: out of all 274 judges the top Court has ever had, there have only been 11 woman judges? https://bit.ly/3Iqwq2v 🏫 The first woman judge of the Supreme Court, Justice Fathima Beevi, was appointed in 1989—39 years after the Court was established. 3️⃣ Currently there are three woman judges at the top Court—Justices Hima Kohli, B.V. Nagarathna and Bela M. Trivedi. If seniority norm is followed, Justice Nagarathna will become the 1st woman Chief Justice of India on 24 Sept 2027. She will hold this post for 36 days. 1️⃣ For this International Women’s day, we’ve put together a little list of the firsts in women’s representation through the careers of the 11 women in Court so far. Check it out here: https://bit.ly/49ZNp7p

🌅 Good Morning! ⛏️ Yesterday, Senior Advocate Harish Salve argued that the Mines and Minerals Act “left nothing” for state legislatures to regulate, including the collection of tax on minerals. With more arguments expected next week, catch up with the latest update on the nature of mineral royalty case here: https://bit.ly/4c2kKR0 🕰️ A 9 judge bench assembled for the first time since 2019. Expecting many more to assemble this year, we list the three oldest 9 judge cases pending before the top court. Find out why the outcome of these cases will bear heavily on the political economy of the country: https://bit.ly/48E5pmM 📜 Last month, the Supreme Court reserved judgement in the Aligarh Muslim University minority status case. The Union government argued that AMU was neither established nor administered by the Muslim community. Prof. Mirza Asmer Beg from AMU writes a historical counter to challenge these claims: https://bit.ly/3IfCw5x

🍃 Good morning! 🇮🇳 Regional representation is an important parameter while deciding judges' appointment to the Supreme Court. What is regional diversity like in the Court's 75th year? 📝 Did you know that 18 out of 25 High Courts are represented in the top court? Which High Courts lack representation? Read to find out: https://bit.ly/49WTtgU 💸 Today, a nine-judge bench will continue hearing the matter on whether royalty paid by mine leaseholders for mineral extraction is a tax. Yesterday, Harish Salve argued that the state's power to collect tax is "eclipsed" by Parliament. More here: https://bit.ly/49Eu0t0

💫 Good Morning! 9️⃣ Today, a 9-judge Constitution Bench of the Supreme Court will continue hearing arguments to decide if 'royalty' is tax. So far, the Bench has heard the case for 3 days. Latest report here: https://bit.ly/4c35JOC 7️⃣ Yesterday, a 7-judge Bench unanimously held that lawmakers who take bribes to act or vote in Parliament or Assembly are not immune from criminal prosecution. https://bit.ly/4c2x040 5️⃣ The judgement yesterday, overruled the majority decision in _P.V. Narasimha Rao,_ (1998) where a 5-judge bench extended legislative immunity to lawmakers who received bribes. https://bit.ly/3V7tf7d 3️⃣ Yesterday, a Division Bench directed the Aam Aadmi Party to vacate its party headquarters in Delhi within 3 months. Find out why: https://bit.ly/4bThwiy

🌿 Good morning! 🧑🏻‍⚖️Today, a 7-Judge Constitution Bench of the SC will deliver a judgement on whether law makers enjoy immunity from prosecution for accepting bribes to vote in Parliament or an Assembly. https://bit.ly/42ZnKJO 📖 *The story so far*: 👩 Sita Soren, a member of the Jharkhand Mukti Morcha, was accused of accepting a bribe to vote for a candidate in the 2012 Rajya Sabha elections. After accepting the bribe, however, she did *not* cast the vote the way she was asked to. 🏛️ The Jharkhand HC took note of this detail and dismissed her plea for immunity under Article 194. Soren moved the Supreme Court. 🖋️ Today, the Court will give us clarity on how far a law maker is protected under the Constitution. It will also re-examine the correctness of a 1998 judgement in _P.V. Narasimha Rao v State._ 👓 Our coverage of the case is here: https://bit.ly/3P4Zq3A ❗️Stay tuned to scobserver.in for updates on what the Court decides!

🌅 Good Morning! 🗓️ This week, a nine-judge Constitution Bench heard a case dealing with the nature of royalty paid by mine leaseholders. They will decide if 'royalty' is a tax. ❓Another key issue before the Bench is to determine if the Union can limit or dilute a state's power to tax mines and minerals. https://bit.ly/3wChpI7 📖 *Here's the story so far:* 1️⃣ Appellants argued that Parliament cannot usurp a state's power to tax mines and minerals: https://bit.ly/49NMiYo 2️⃣ Appellants contended that state governments are entitled to collect tax on the basis of the value of the mineral produced: https://bit.ly/42W4gFZ 3️⃣ The Union argued that its power to tax mines and minerals is inferred from the constitutional scheme: https://bit.ly/3UYGI1e

☕ Good morning! 👨‍⚖ As the Supreme Court finds itself having to adjudicate a tussle between the ED and the Tamil Nadu government, it's a good time to revisit the 1997 Jain Hawala decision where the Court declared that the investigative agencies must be impartial bodies. ⏳ Despite the Jain Hawala case and subsquent decisions, the Centre has always found a backdoor to exert control over the CBI and ED. Ron Bastian writes: https://bit.ly/42U03m9 ⛏️ Today, a nine-judge bench will continue hearing the matter on the nature of royalty paid by mine operators to the Union government. We've untangled the complicated history of the case here: https://bit.ly/3wChpI7

☁️ Good Morning! 9️⃣ *Constitution Bench update* Today, a 9-judge bench will resume hearings to decide if the royalty paid by mine operators to the Union government is a form of tax. Catch up on Day 1 arguments here: https://bit.ly/49NMiYo 📃 *AMU case: A historical counter* "_Sir Syed wanted the Muslims of India, who had fallen behind in modern education, to benefit from liberal education."_ AMU's Prof. Mirza Asmer Beg argues that the university did not lose its minority character after the AMU Act of 1920. He delves into the archive to make his case: https://bit.ly/3IfCw5x 📢 *Hiring alert* We are looking for a legal reporter to join our newsroom. Find the details about the post here: https://bit.ly/3PmhRkr