Supreme Court Observer

🌻 Good Morning! 7️⃣ A 7-judge Constitution Bench reserved judgement in the case to determine if Aligarh Muslim University (AMU) has a minority status under Article 30 of the Constitution. A minority status recognition will allow AMU to grant reservation for Muslim students. https://bit.ly/47thSZJ 🕌 Petitioners argued that AMU was traditionally administered by Muslims, a role diluted by the Union government in 1965. They claimed that the inclusion of non-minorities in the administration of AMU did not diminish its minority character. https://bit.ly/3vYZj2P 🗣️ The respondents had argued that AMU was constitutionally recognised as an institution of “national importance,” any modification to AMU’s character could only be made through a constitutional amendment. https://bit.ly/3ui1xtv

🍂 Good morning! 🎬 In November 2023, the Supreme Court reserved judgement in the Electoral Bonds case. SCO spoke to two transparency activists in Delhi, Anjali Bhardwaj and Amrita Johri about their work uncovering the electoral bonds scheme. 🔎 Bhardwaj and Johri touched upon voter rights and the application of the right to information regime on political parties. Read our interview here: https://bit.ly/49dBsdW 3⃣ Today, for the fourth time in 2024, activist Umar Khalid's bail application is listed before the top court. Yesterday, Senior Advocate Kapil Sibal representing Khalid had informed the Bench of his unavailability today, due to the ongoing proceedings in the AMU minority status case: https://bit.ly/3RSjQNB

🍃Good Morning! 👨‍⚖️ Today, for the third time this month, a Division Bench of the the Supreme Court is scheduled to hear activist Umar Khalid's bail application from 2022. A recurring reason for multiple adjournments in the case has been the unavailability of lawyers involved on either side. See details here: https://bit.ly/3RSjQNB 🔍 Incidentally, Senior Advocate Kapil Sibal who represents Khalid, also appears for one of the petitioners in the ongoing Constitution Bench hearings about Aligarh Muslim University's minority status. 🕌 Today, a seven-judge Constitution Bench will hear Day 7 of arguments to determine AMU's minority status. Catch up on yesterday's hearings here: https://bit.ly/4blhksj

🌇 Good Morning! 🗓️ Today, a five-judge bench of the Supreme Court will hear a suo motu petition arising out a dispute between two judges of the Calcutta High Court. 📑 The quarrel rose out of two conflicting orders from different benches of the Calcutta High Court in the same case. Notably, a single-judge bench levied accusations of political bias, procedural shortcomings, and legal misconduct towards a Division Bench and disregarded its previous Order. 🗣️ Concerned by the internal discord, a Special Bench led by the CJI convened last Saturday imposing a stay on all proceedings of the case in the Calcutta High Court. ❓Here’s everything you need to know about the case: https://bit.ly/47TjvjP

🇮🇳 Happy Republic Day! 🏛️ Today marks a momentous 75 years of the commencement of our Constitution and the beginning of the story of our Republic. 👨‍⚖ With the swearing in of Justice Prasanna B. Varale yesterday, the Supreme Court is once again at its full strength and slightly more diverse than before. Read more about Justice Varale and what his appointment means here: https://bit.ly/47VyWrv ✒️ The powers of the executive have expanded dangerously. Abhinav Sekhri tells the story of how the PMLA, an anti courruption law, has morphed to curb dissent and opposition in today's republic: https://bit.ly/3Udx36m

💫 Good Morning! 👨‍⚖️ Today, Justice Prasanna B. Varale will be sworn in as a judge of the Supreme Court. His appointment brings the Court to its full sanctioned strength of 34 judges. 🏛️ He was previously the Chief Justice of the Karnataka High Court and is the 15th judge to be recommended by the Collegium led by CJI D.Y. Chandrachud. The Collegium factored in that Justice Varale was the seniormost judge belonging to the Scheduled Caste community. ⁉️ How does this appointment impact diversity at the Supreme Court? Read our profile of the Court in 2023 and find out: https://bit.ly/48QkQcB

🌸 Good morning! 🏫 Yesterday, the Court continued hearings in the challenges to Aligarh Muslim University’s minority status. Solicitor General Tushar Mehta argued that Aligarh Muslim University chose to surrender its minority status when it bowed down to the British legislation establishing the institution under the Aligarh Muslim University Act, 1920. Hearings will continue today. https://bit.ly/49384af 🛕 To give context to the consecration of the Ram Mandir in Ayodhya, SCO traced the near 500 year history of the land in this timeline. https://bit.ly/3Ss7Dkj 🗒️ Earlier this week, a Bench led by Chief Justice D.Y. Chandrachud framed issues in the case filed by the state of Punjab against the Union’s extension of the Border Security Force’s (BSF) jurisdiction in 2021. More here: https://bit.ly/3u4BSUW

🌅 Good Morning! ❓ *Does Aligarh Muslim University (AMU) have a minority status?* https://bit.ly/47thSZJ 🗣️ Today, a Constitution Bench will resume hearings to answer this question. The Court has to decide if educational institutions founded by religious and linguistic minorities can retain their _minority status_ after being recognised by a Union legislation. 📚 In the hearings so far, the petitioners have stood firm on three aspects: 1) A Union law cannot revoke minority status: https://bit.ly/47N9y7B 2) A 50-year old precedent on AMU’s status is incorrect: https://bit.ly/48zBoW8 and 3) AMU was established by Muslims to provide quality education for minorities: https://bit.ly/3HhXCQi 🎥 For a livestream of the hearings visit scobserver.in

🍂Good Morning! 🔍 As the Ayodhya Ram temple is consecrated today, we introspect on the character of our republic. 🛕 In the Ayodhya case, centuries of a faith-based conflict came down to who has possessory rights over a piece of immovable property. More in our desk brief: https://bit.ly/3u8ySXB 🚩 The top Court had a momentous role in the winding Ayodhya litigation. On our case page, find a comprehensive archive of the case and what was at stake: https://bit.ly/47Gzgud ⚖️ Last week, we published a profile of Justice S. Ravindra Bhat. The promises and disillusions of his long career tell a story of the judiciary and republic of today. Read here: https://bit.ly/425szRa

🌿 Good morning! 👮‍♂️Yesterday the Supreme Court heard petitions seeking a probe into police encounters that took place in Gujarat between 2002 to 2006 and to prosecute police personnel identified under the Justice H.S. Bedi report.  📄In 2012, the Supreme Court appointed the retired judge as the head of a Special Task Force to investigate the alleged fake encounters. In 2018, the report was submitted to the Supreme Court in a sealed cover.  🗣️The Solicitor General argued that people who had no connection to Gujarat were bringing this case to the top court, and that their public interest concerns were “selective” at best. 📖How did the petitioners defend their stance? Read here: https://bit.ly/3O8HB2Q

🌅 Good morning, ⚖️ In 2023, Supreme Court decisions shaped the fate of marriage, bail, religion, gender equality, democracy, free speech, right to life, federalism and even arbitration. We thematically broke down what the Court said on key issues of the year. https://bit.ly/47zFRXb 🏛️ 2023 saw 14 new appointments to the Supreme Court. But is the Court more diverse? We dug in and found that even in a mostly full-strength Court, there was a lack of representation of religious minorities, women & marginalised communities. https://bit.ly/48QkQcB ✍️Thank you for following our daily updates. What stories from the Supreme Court would you like to hear? Write to us at admin@scobserver.in.

🍁 Good morning! 🏛️ As we begin our day, we are thinking about how diversity, anywhere in a democratic republic like ours, is a question of legitimacy. For our Supreme Court, it is an obligation manifold stronger. 👥 But since its inception, the Court has faltered. "The Supreme Court was mainly Brahmin and upper class," Krishna Iyer J said in 1980. ✍🏾 With 15 new appointments in 2023, has CJI Chandrachud's collegium made a difference? We dug around and were disappointed. 📉 Muslim representation has worsened. No state with a dominant ST population has representation. No new women judges were appointed. 36.4 % of the Court was Brahmin. 🗞️ Start your day with our breakdown of the SC's diversity status here: https://bit.ly/48QkQcB

🌇 Good Morning! ⚖️ In 2023, the Supreme Court delivered 18 Constitution Bench judgements on an array of legal issues. In comparison, the top court delivered only four judgements in 2022 and three in 2021. 💍 Some of the key decisions that stood out were Passive euthanasia, arbitration, marriage equality, and Article 370. 7️⃣ The year particularly stands out because we also saw the return of seven-judge bench activity after a hiatus of five years. 🛑There were also instances where the Union government nullified some of these verdicts through subsequent legislations. ❓What were these judgements? SCO lists them all here: https://bit.ly/4aZcFvW

🌿 Good morning! 📖 Last week, the Supreme Court grappled with two cases that dealt with the cultural and educational rights of minorities under Articles 29 and 30. 🗣️ A 7-judge Constitution Bench heard arguments about whether the Aligarh Muslim University (AMU) can retain its status as a Minority Institution. Petitioners argued that Article 30 was a provision of reservation for minorities not belonging to the SC/ST/OBC/EWS community. https://bit.ly/47thSZJ ✒️ Another 2-judge Bench heard a PIL that contends that the Union having unbridled power to notify a community as a minority is unconstitutional. The petition argues that the power must vest with state governments. https://bit.ly/48zVa3w ❓ Who should have the power to govern minority communities and institutions? Tweet us @scobserver and tell us what you think!

💫 Good Morning! 7️⃣ A seven-judge bench of the Supreme Court is currently hearing Aligarh Muslim University's (AMU) case to retain its _minority status_ under Article 30 of the Constitution. 🗣️ Yesterday, petitioners argued that AMU was responsible for the educated Muslim middle class of the country and that it was established for the upliftment of the Muslim community. https://bit.ly/3HhXCQi 📖 In his book _India's Communal Constitution,_ Dr. Mathew John argues that the Constitution has a tendency to identify people in religious terms despite its largely liberal design. SCO’s interview with Dr. John: https://bit.ly/4b3SDAu

🌇 Good Morning! 7️⃣ Today, a seven-judge Constitution Bench will continue hearing arguments to determine the minority status of Aligrah Muslim University. ⏳The Bench is reconsidering a 50-year old decision in _Azeez Basha v Union of India_ which held that AMU could not be a minority institution as it was neither established nor administered by Muslims. 🕌 Yesterday, on Day 2 of the arguments, Senior Advocate Kapil Sibal argued that denying the university a minority status violated the fundamental right of minorities to establish and administer educational institutions under Article 30. ☕️ Catch up with the arguments so far: https://bit.ly/48zBoW8

🍀 Good morning! 🕌 Today, a seven- judge Constitution Bench of the Supreme Court will continue hearing the challenge to the minority status of Aligarh Muslim University, a conflict that traces back to a 1967 judgement. 📃We capture the story of AMU, the conflicts surrounding its management and the lead-up to the case here: https://bit.ly/47thSZJ 📽️ To go with your morning tea, you can find the livestream to the hearings on our home page: https://bit.ly/3NWkCrN ⚖️ Today, the top court is expected to hear activist Umar Khalid's bail plea. Last year, despite being listed 11 times, Khalid did not receive a single substantive hearing. Will today be an exception? https://bit.ly/3RSjQNB

🌸 Good morning! 🧕🏽 Yesterday, the Supreme Court unanimously quashed the Gujarat Government’s early release of 11 convicts in the Bilkis Bano gang rape case. 🖋️ Given the facts of the case and the gravity of the crimes, the bench opined that sending the 11 convicts back to prison did not violate personal liberty and ordered their return to prison in two weeks. 🗒️ SCO’s report explains the contours of the judgement here: https://bit.ly/48F3iiM 🗃️ Our matrix gives you a snapshot of everything the Court held in the case. https://bit.ly/41MTQrz

*Early Release of Bilkis Bano Gangrape Convicts | Judgement* ⚖️ In 2022, several petitions at the Supreme Court challenged the Gujarat government's decision to grant remission (early release) to 11 convicts who were sentenced to life imprisonment for the gangrape of Bilkis Bano and the murder, of her family members during the 2002 Gujarat riots. 👨‍⚖️👩‍⚖️ Several procedural delays, two different benches and over 10 days of arguments later, the Court reserved judgement in the case in October 2023. 📜 Today, the Court will decide if the Gujarat government followed due process when releasing the 11 men. 🔍 Here's everything you need to know about the case: https://bit.ly/3NRkCco 📱Follow us on Twitter for live updates from the hearing: https://bit.ly/4aPFV84

🌇 Good Morning! 🗂️ 2023 witnessed an unprecedented number of cases filed in the Supreme Court, at 53,770 cases. Despite this, the Court demonstrated remarkable efficiency and achieved a disposal rate of 96%. What does this mean for the Supreme Court's functioning? https://bit.ly/3NNvf03 🏛️ In 2023, the ruling party emerged victorious in key cases concerning defection and demonetisation. SCO's thematic 2023 Review on Democracy and Governance lists 4 cases and their implications: https://bit.ly/3viMWxY ⚖️ In our 2023 Review of bail in Indian courts, cases suggest that the notion ‘bail as rule, jail as exception’ sounds better as an aphorism than an actual practice point: https://bit.ly/3NQmylG