Supreme Court Observer

🌼 Good morning! 🇬🇧 _“Arbitration is no longer an alternative. It is in fact the preferred method of seeking commercial justice,"_ said CJI Chandrachud at a recent lecture at the Supreme Court of the UK. 🏛️ The CJ's remarks were in line with the messaging of the government as India being arbitration-friendly. But that drive has been somewhat muddied by recent developments. Read more here: https://bit.ly/45wTU0D 💸 Practitoners have argued that a recent decision overturning a Rs 7500 crore award against DMRC may spook both private players from doing business with government: https://bit.ly/45wUjQH 🖋️ Others argue that the decision forces a tribunal to explicitly and unreasonably justify its conclusions about the evidence that it reviews: https://bit.ly/3RyJbwV

🌿Good Morning! 💊 Last week, the U.S. Supreme Court unanimously rejected a petition by anti-abortion groups who sought to ban a commonly available abortion pill, holding that the petitioners didn’t have a direct stake in the case. The judgement came nearly 2 years after the historic overturning of _Roe v Wade_, which replealed the right to abortion in the US. 📝Over the years, the Indian Supreme Court too has engaged on the subject, but our approach has been unclear in some cases: https://bit.ly/3z5Gb4F 👩🏻‍🍼 Last year, in a case concerning the termination of a 26+ week pregnancy, it raised concerns of the rights of an unborn child. https://bit.ly/4er9FKo 📢 Experts have argued that the Court’s pro-rights agenda may be a major setback in recent years. https://bit.ly/4eF9NGv

🌳Good morning! 🌏 The working of the highest courts in South Asian countries is deeply influenced by the complex history of the subcontinent and the tumultuous evolution of its political landscape. We’ve collected information on the key characteristics of the Supreme Courts of India, Pakistan, Bangladesh, Sri Lanka, Nepal and Bhutan: https://bit.ly/3XrgMfH 🚅 In April, the Supreme Court exercised its curative powers to annul an arbitral award of ₹7,600 crores, payable by DMRC Ltd to the Delhi Airport Metro Express Pvt Ltd. Experts argue that the Court created unstable ground for future arbitrations: https://bit.ly/45nOp3W 🔄 Last week we published our May Review of the Supreme Court. It listed key hearings, judgements, and institutional changes: https://bit.ly/4ee34Ts

🏞️ Good Morning! 🗓️ The Supreme Court is currently on its annual summer vacation after an action packed first term in 2024. Our monthly reviews capture the key hearings, judgements and institutional changes. 5️⃣ *May:* The Court granted interim bail to Delhi CM Arvind Kejriwal: https://bit.ly/4ee34Ts 4️⃣ *April:* The Court rejected a plea seeking 100% VVPAT verification : https://bit.ly/3VC5pQR 3️⃣ *March:* Division Benches of the top court passed crucial orders which impact governance, elections and free speech: https://bit.ly/3VZCp6b 2️⃣ *February:* The Court heard three Constitution Bench matters and delivered two judgements: https://bit.ly/3z00uk5 1️⃣ *January:* The Court delivered a judgement in the Bilkis Bano remission case: https://bit.ly/3VEeLvv

💐 Good morning! 📈 Last month, the number of pending cases in the Supreme Court was the highest it has been this year: 82,308. A major reason was that the Court had only 13 working days in May, breaking for summer vacation on the 20th. Read more: https://bit.ly/3xhlEcJ 📉 This also meant that the Court disposed off the least number of cases this year in May, clearing 3610. 🏛️ And yet the Court was busy as ever, as the daily disposal average of 278 cases will testify—it was the highest in 2024. Read here: https://bit.ly/45jyXGh 📺 Our Court Data section records monthly data on institution, disposal and pendency. Watch: https://bit.ly/3Rmdxm0

🌸 Good Morning! 💰 In April this year, the Supreme Court exercised its extraordinary curative powers to annul an arbitral award of around ₹7,600 crores, payable by a public entity, Delhi Metro Rail Corporation Limited to a private entity, Delhi Airport Metro Express Private Limited. 🪙 In doing so, experts from AZB & Partners argue, the Court has created unstable ground for future arbitrations, particularly relating to government contracts, and India’s image as a pro-arbitration investor-friendly state. 💪🏽 Does this decision disrupt India’s stance as a champion of arbitration? Does it open the floodgates to excessive litigation, even after arbitral awards are given, making arbitration yet another undesirable and tedious process? https://bit.ly/45nOp3W

☕️Good Morning! 3️⃣On Sunday, the National Democratic Alliance formed the new Government with Narendra Modi taking oath for a third consecutive term as the Prime Minister of India. This concluded a two month long event where voters cast their ballots over seven phases across the country. 🏛️ The run up to the elections saw the Supreme Court in the hot seat as it dealt with multiple petitions demanding its active involvement to oversee the elections. Petitions which made catchy headlines were met with prompt dismissals. Yet, the Court delivered crucial decisions that may have made a impact on the decision making process for the voters. In our latest video, we look at the Supreme Court’s election duty: https://youtu.be/EgMOkeTMiHE?si=YrrLUxwij4vDHyoW

🌄 Good Morning! 🇮🇳 Yesterday, Narendra Modi was sworn in as India's Prime Minister for a third consecutive term. 🧾 In 2015, his government passed the 99th Constitutional Amendment which replaced the Collegium system with the *National Judicial Appointments Commission* to appoint judges to the High Courts and the Supreme Court. 👨🏻‍⚖️ However, the top court held the Amendment to be unconstitutional, setting the stage for heightened tensions between the executive and judiciary. 🏛️ In the last decade, the Modi government has been called out several times for delays in notifying Collegium recommendations. 📧 In our latest desk drief, we explore how the executive-judiciary tussle around appointments will play out in the BJP's third term: https://bit.ly/3KxpLEG

🥀 Good Morning! 📖 _"If I find the Constitution being misused, I shall be the first to burn it,"_ said Dr BR Ambedkar in the Rajya Sabha in 1953. Over the years, scholars and critics of the Constitution have often quoted this statement in different contexts. 🖊️ But was Dr Ambedkar really in favour of destroying the Constitution? What was the context in which he made this statement? In his book 'The Foresighted Ambedkar', scholar Anurag Bhaskar busts the myths. Read an excerpt: https://bit.ly/4c3TPDm 🏛️ Ambedkar's foresightedness when it came to the Constitution extended beyond his contributions in the Constituent Assembly. In the only known Supreme Court case he argued, he evoked for the first time, the 'spirit' of the Constitution. https://bit.ly/3x2llCD

🌿 Good Morning! 🪑 In the first half of 2024, the Supreme Court heard three 9-judge bench cases. Each concerned a long-debated question—on states’ power to tax minerals; Union’s power to regulate industrial alcohol; and whether private property can be considered a ‘material resource’ of the community. 📖 Large benches are formed under Articles 143 and 145. Art. 143 grants the President the power to refer a “question of law” to the Supreme Court. Art. 145 allows the Court to constitute a bench of minimum of 5 judges to hear any case concerning “a substantial question of law". A video explainer: https://bit.ly/4aVCAmS 🔎 We’ve tracked the nine-judge bench cases blow-by-blow. See our ‘Cases’ page for more. https://www.scobserver.in/cases/

🪴Good Morning! 🇮🇳 Yesterday was counting day for the 18th Lok Sabha Election. This election season, the Supreme Court heard some crucial cases: https://bit.ly/44OAzHO 📑 The Court dealt with two cases related to transparency. In the first, the Court rejected a plea seeking 100% verification of votes cast through EVMs. Here’s why: https://bit.ly/3QFJsgR 🔢 In a second case, ADR demanded the release of the absolute number of votes in each phase, alleging discrepancies in voter turnout data. They requested the Court to direct the ECI to upload scanned copies of Form 17C. The hearing was adjourned: https://bit.ly/4dUu5eJ 👩‍⚖️ The elections are over but the top court's duty isn't. Stay tuned to scobserver.in for more stories!

🌄 Good Morning! 👨🏻‍⚖️ Harilal Jekisondas Kania, the first Chief Justice of independent India, and Jawaharlal Nehru, the first Prime Minister, saw eye-to-eye on the need for an independent judiciary. 📨 In fact, in 1948, when Kania mentioned to Nehru that the “deterioration of the judiciary had begun", Nehru promptly wrote a letter to Home Minister Vallabhbhai Patel about Kania's concern. 📃 Yet, three days before Kania took office as the first CJI, Nehru wrote two letters to Patel seeking Kania's resignation. ⚖️ In our latest newsletter, we trace the fraught relationship between the two men, and what judge appointments to the Madras High Court had to do with it. Read here: https://bit.ly/3yJYxrD

🌼 Good Morning! 🏛️ On 16 May 2024, in _Tarsem Lal v ED_ , the Court confirmed a potentially meaningful check on the ED’s wide powers. 👨🏻‍⚖ The bench clarified that the ED cannot make an arrest after a Special Court had taken cognisance of the matter. However, experts warn against reading it as a shift from _Vijay Madanlal_, the 2022 judgement which upheld all the challenged provisions of the Prevention of Money Laundering Act. Read Ayushi Saraogi's analysis here: https://bit.ly/3yEGumC 🗒️ April was a happening month at the Supreme Court. The Court heard two Constitution Bench cases and delivered a verdict on a crucial case concerning electoral transparency. Our review captures the key developments of the month in one place: https://bit.ly/3yGbVNE

🪴 Good Morning! 🏫 Article 142 gives the Supreme Court the power to pass any order to do complete justice in any case before it. But what does "doing complete justice" mean? Does this give the Court unlimited powers? Find out now! http://bit.ly/3V6aKP2 📹 We’ve got loads of other videos explaining keys cases in the past few years, legal terminology that you hear often but can’t make sense of, and conversations with some very interesting people from around the world. Subscribe to SCO’s YouTube channel now! https://bit.ly/3yDtGwZ

🪷 Good morning! 🗳️ Last week, the Supreme Court adjourned a plea asking the Election Commission of India to publish copies of Form 17C within 48 hours of polling. What is Form 17C and what is the petition about? Our explainer covers the sequence of events and the issues: https://bit.ly/4dUu5eJ 🏢 Earlier this month, a nine-judge Constitution Bench of the Supreme Court reserved judgement on whether the phrase “material resources of the community” in Article 39(b) could include privately-owned property. SCO's Matrix breaks down the key arguments in the case: https://bit.ly/4e281i1

🏞️ Good Morning! ⚖️ _*Jurisdiction, Causelist, Contempt Petition, Master of the Roster*_ ⁉️ Ever wondered what these terms mean but never really looked them up? Don't worry, we've got you covered! ▶️ Our short video explainers break down complex legal jargon and Court procedures in *under two minutes.* Check them out if you haven't already: ▪️ *Jurisdiction of the Supreme Court:* https://bit.ly/3yDs46p ▫️ *Causelist:* https://bit.ly/3yq98YR ▫️ *Contempt Petition:* https://bit.ly/4dgmjLT ▪️ *Master of the Roster:* https://bit.ly/4dkKpFc 📹 For more such explainers visit our YouTube channel: https://bit.ly/3yDtGwZ ✍🏻 Which other terms would you like us to explain? Let us know by writing to us at admin@scobserver.in!

🦋 Good morning! 📖 In the recent hearings in Property Owners v State of Maharashtra, a nine-judge bench spent a lot of time discussing aspects about one provision of the Constitution - Article 31C 🪢 Is Article 31C active, dormant or dead? Neha Vinod uses it as an entry point to look at the Court’s tangled history with the doctrine of revival: https://bit.ly/4bU1ZOH 📊 In April 2024, a nine-judge bench heard arguments on whether the Union or state governments had the power to regulate industrial alcohol. The argument matrix breaks down six days of contentions on key issues: https://bit.ly/44YmTKd

🪴 Good Morning! 🧔🏻‍♂️ Opposition Chief Ministers Arvind Kejriwal and Hemant Soren were both arrested by the ED in PMLA cases in the months before the 2024 Lok Sabha election. Why did only one of them get interim bail from the Suprme Court to campaign? SC Observer’s latest newsletter explores: https://bit.ly/4aG7LlY Subscribe to SCO’s weekly newsletters for an interesting weekly read straight in your inbox! https://bit.ly/3WXAakd Recent hearings in a 9-judge Constitution Bench case brought a crucial constitutional question to the fore—is an original provision revived when an amendment is struck down? Read “The effect of striking down a substitution: The Article 31C story” now! https://bit.ly/3KhKQms Here’s a video explainer on the other big 9-Judge Constitution Bench case this year: https://bit.ly/3yqjKqk. The Court was hearing arguments on whether state or Union Government has the power to regulate industrial alcohol. At stake is revenue for states, public health and India’s federal structure.

Correction: The above message says former Jharkhand Chief Minister Hemant Soren withdrew petition yesterday. Soren withdrew his petition on Wednesday (22 May 2024). The error is regretted.

🌳Good morning! 📁 April, the last full working month before the Court vacation, recorded the largest increase in pendency numbers in 2024. Some factors for this were fewer working days and two nine-judge Constitution Benches: https://bit.ly/3Vdxair 📈 In the same month, the number of cases instituted in the Supreme Court surpassed the number of cases it disposed of. However, disposal numbers were still healthy, despite the Court being occupied by the Constitution Bench hearings. https://bit.ly/3yvPNoV 🔙 Yesterday, former Jharkhand CM Hemant Soren withdrew his challenge to his arrest by the ED after a vacation bench expressed the inclination to dismiss the plea on grounds of withholding crucial information. Read the full report here: https://bit.ly/4dUS1OP