Supreme Court Observer

🌄 Good Morning! 🏛️ Today, the Supreme Court will continue hearing arguments on referring the 2022 PMLA judgement to a larger bench. Yesterday, the petitioners argued that a reference was necessary as the Act concerns questions on polity and governance: https://bit.ly/40REYrn 🆓 Today, a Division Bench will hear challenges against electoral freebies. Yesterday, Senior Advocate Vijay Hansaria argued that freebies are "corrupt practices" under the Representation of Peoples Act, 1951: https://bit.ly/3Gaul9t 🚗 Yesterday, a five-judge Bench hearing the case concerning the validity of a 'light motor vehicle' licence adjourned the case to January 2024, as the Union sought extra time to review provisions of the Motor Vehicles Act: https://bit.ly/3SMh8LM

💫 Good Morning! 👮‍♂️ The Prevention of Money Laundering Act (PMLA) accords wide powers to the Enforcement Directorate (ED) to issue summons, record statements, make arrests, and search and seize property. ⚖️ Notably, since the ED is not classified as a ‘police agency’, it is not bound by the procedures and standards laid down for criminal investigation under the CrPC. 📑 Several petitions challenged the provisions of the PMLA, arguing that the legislation was unconstitutional. ✅ However, on 27 July 2022, a Division Bench of the Court upheld the Act. 👨‍⚖️ Today, a Special Bench of the Court is expected to review the 2022 decision. Here's everything you need to know about the case: https://bit.ly/40NKaMU 🗓️ Latest report here: https://bit.ly/3QkV21i

🌼 Good morning! 🪑 Yesterday, the Supreme Court instructed the Union to take quick action to solve pending collegium recommendations of transfer and appointment of judges. The top court has been monitoring the issue of the Union “sitting on” recommendations for sometime, with the bench telling the Union yesterday to not “disappoint” the Court. https://bit.ly/3szzp4l 👶🏻 The Chief Justice’s Bench heard a petition asking for improved adoption guidelines in the country. Yesterday the Court was informed that there are 33,967 Prospective Adoptive Parents and 2,118 children “legally free for adoption”—yet, it takes 3-4 years to adopt a child. https://bit.ly/3MTVWjf 📝 The top Court also heard challenges to the Kerala and Tamil Nadu Governors’ withholding of Bills in these states. Concerned that the TN Governor was only taking action to pass the pending bills after the SC’s intervention, the CJI asked “What was the governor doing for the last three years?” https://bit.ly/3G9v9M0

🌄 Good Morning! ♿️ The Supreme Court's initiatives to support Persons with Disabilities is commendable, yet the question arises: should it end there? Is there a necessity to establish robust local institutions to ensure comprehensive protection for PwDs? More: https://bit.ly/47iTpY4 📜 On 9 Nov 2023, the Supreme Court issued comprehensive guidelines to High Courts, urging the swift resolution of criminal cases involving current and former Members of Parliament and Legislative Assemblies. https://bit.ly/3SJlNhx 💼 On the same day, the top Court upheld provisions of the Insolvency and Bankruptcy Code, 2016 which allow creditors to initiate proceedings against individual and partnership firm debtors: https://bit.ly/3SNhK3y

🌈 Good Morning! ⚖️ Exactly a month ago, a Constitution Bench of the Supreme Court delivered the judgement in the plea for marriage equality. 🗂️Here are four commentaries on the judgement you must read: 1) Dr. Arvind Narrain argues that Justice Bhat’s refusal to uphold the directions to protect LGBTQIA+ persons is inconsistent with his own understanding of Part III Rights. https://bit.ly/49jNSBL 2) Academic Diksha Sanyal contends that the Court undertook a selective reading of its own jurisprudence while upholding the constitutionality of the Special Marriage Act. https://bit.ly/3FCIo7G 3) Advocate Jannani M, who worked directly on the case, argues that the Court had no jurisdiction to answer the polycentric question of marriage in the first place. https://bit.ly/40oHvJm 4) Sanyal also claims that the minority opinion privileged a 'marriage-lite' version of queer union instead of upholding relational equality: https://bit.ly/47a6RgH 📝 Find SCO's Case background, hearing reports and Matrix, and the judgement summary here: https://bit.ly/47gJfqC

☕ Good morning! 📁 Over 2020 and 2021, Seema Girija Lal filed RTIs in all 36 states and union territories to find out the status of implementation of the the Rights of Persons with Disabilities Act, 2016. 🧰 She sensed that the implementation had been half-hearted and piecemeal but then realised just how alarming the situation was. Despite the Act’s mandate, there were no commissioners, no funds, no district level committees therapy centres across India. 📜 In November 2021, this led to two women filing a PIL in the Supreme Court asking them to monitor the implementation of the 2016 Act. ✍️ SCO’s latest feature looks into the story behind _Seema Girija Lal v Union of India_ , and how with this case the court has the chance to catalyse a reckoning in disability rights. https://bit.ly/47uvbcM

🎇 Good Morning! *_Does access to the Supreme Court mean access to justice?_* 📕 In a conversation with SCO, Dr. Aparna Chandra said an increased access to court has, in many ways, reduced people’s ability to get swift and meaningful justice. How then, can the Supreme Court truly be a _‘people’s court’_? 🎤 Dr. Chandra, the co-author of _Court on Trial: A data driven account of the Supreme Court_ argues that access to justice must begin at the court of first instance—district Courts. More here: https://bit.ly/3MC32Zh 🎦 Watch the full conversation between Dr. Aparna Chandra and SCO's editor-in-chief Leena Gita Reghunath on the workings of the top Court and its obstacles in making justice accessible to all: https://bit.ly/47asWvH

🌅Good Morning! 🏛️ The Supreme Court is monitoring judicial vacancies in the lower courts of various states. Yesterday the Court received updates from the state of Tamil Nadu (TN). Reportedly, TN has 23% vacancies in the district judges, civil senior judges, and civil junior judges cadre. 🪑 The Court directed the Madras High Court to complete process for filling vacancies by 31 March 2024 and passed similar directions for the Union Territory of Puducherry: https://bit.ly/49rRjXf 👨‍⚖️ Yesterday, the Supreme Court swore-in Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta. These appointments bring the top Court to the full sanctioned strength 34 judges.

🌦️Good Morning! 📃 In the marriage equality judgement, both the majority and minority opinion acknowledge the existence of the right to intimate association (“right to relationship”). 🚫 However, this is where the consensus ends. The five-judge Bench disagreed on the nature and contours of the obligations of such a right. 🏳️‍🌈 In SCO's latest commentary, Diksha Sanyal argues that neither view is perfect. While the the majority opinion re-entrenches the public-private dichotomy, the minority view ends up privileging a ‘marriage-lite’ version of relationships. Read the full commentary here:https://bit.ly/47a6RgH 🌐 For more commentaries, features, reports, explainers and videos, visit www.scobserver.in

🌼 Good morning! 🔎 Did you know that there are no specific guidelines on the search and seizure of digital devices in India? 📱The Foundation for Media Professionals, a journalists’ collective, approached the Court last year claiming that a person’s digital devices are an extension of one's self as they contain many private conversations, pictures, and data. 📄 Arbitrary search and seizure of these devices, they argued, breached the fundamental right to privacy. Further, seizure of a journalist's devices also compromised their sources and the freedom of press. ✍🏽 In the hearing yesterday the Court was sympathetic to the petitioners’ concerns. What did they say? Read to find out: https://bit.ly/3sqYLRS

🌅Good Morning! "Why is the [Madhya Pradesh] High Court sleeping over its duties?" 🏛️ The Supreme Court has been monitoring the appointments to the lower judiciary since 2018. Yesterday, the top Court set deadlines for the Madhya Pradesh and Punjab and Haryana High Courts to complete the appointments process of district judiciary. 🗣️ The appointment of district judges is carried out through a Direct Recruitment Quota (25%), Limited Competitive Examinations (10%), and promotions (65%). While the first two are exams, the third method is based on seniority. 🪑Some posts have remained vacant since October 2020 due to delayed exam schedules and alleged faults in procedure for appointment: https://bit.ly/49oofQe Case: In re: Filling up of Vacancies

🌈 Good Morning! ⚖️ The Supreme Court's recent judgement denying marriage equality for sexual minorities in India has sparked much debate amongst citizens, practitioners and scholars. 👨‍🏫 Lawyer, writer and professor Dr. Arvind Narrain, argues that Justice Bhat’s refusal to uphold the directions to protect LGBTQIA+ persons seems inconsistent with his own understanding of Part III Rights. https://bit.ly/49jNSBL 🗣️ Assistant professor and PhD candidate Diksha Sanyal contends that the Court undertook a selective reading of its own jurisprudence while upholding the constitutionality of the Special Marriage Act. https://bit.ly/3FCIo7G 🏛️ On the contrary, in support of the decision, advocate Jannani M, claims that the Court had no jurisdiction to answer the polycentric question of marriage in the first place. https://bit.ly/40oHvJm

☀️ Good morning! 💍 Recently, a review petition for reconsidering the marriage equality judgement was filed in the Supreme Court. The decision had come as a deep disappointment to many as it failed to recognise the rights of sexual minorities to marry. https://bit.ly/3u6j0V9 💰 Yesterday, the Supreme Court reserved judgement in the challenge to the Electoral Bond Scheme, 2018 after 3 days of hearings: https://bit.ly/3QEWagc 1️⃣ On Day 1 of hearings, petitioners argued that the electoral bonds scheme allowed an increase in corporate funding, black money circulation and corruption. https://bit.ly/47i5Lzf 2️⃣ On Day 2, the Union government began its arguments in support of the scheme. They argued that the scheme protected donors from “victimisation and retribution” from political parties who they do not fund. https://bit.ly/3FHPUhr

🌅Good Morning! 🏛️Today, a Constitution Bench will continue hearing arguments in the challenge to the Electoral Bonds Scheme. The scheme facilitates funding of political parties by anonymous donors: https://bit.ly/3QEWagc 🗣️ Yesterday, Solicitor General Tushar Mehta began arguments on behalf of the Union government. Mehta argued that the scheme promotes "confidentiality" and allows funding of political parties only through white money. https://bit.ly/3FHPUhr 📜 Previously, petitioners had argued that the scheme negatively impacts a representative democracy and the voters right to information: https://bit.ly/47i5Lzf

☀️ Good Morning!! 🗳️ A five-judge Constitution Bench of the Supreme Court will continue hearing the challenge to the electoral bonds scheme today. Here's everything you need to know about the case: https://bit.ly/3QEWagc 🗣️ Yesterday, the petitioners argued that the scheme violates a voter’s right to information and promotes corruption. A detailed report of the day's hearing here: https://bit.ly/47i5Lzf 🎥 Recently, a seven-judge Constitution Bench of the Supreme Court reserved judgement in a case pertaining to the validity of an unstamped arbitration agreement. Our latest video explains what the case is about and its journey at the Supreme Court: https://bit.ly/3sh6vFP

🌅 Good Morning! 💍 The Supreme Court's recent judgement denying marriage rights for sexual minorities, comes as a disappointment to many. Diksha Sanyal argues that the Court erred by selectively reading its own jurisprudence while upholding the Special Marriage Act. https://bit.ly/3FCIo7G 🪑In the wake of the Women's Reservation Act 2023, SCO curates a list of five must reads on affirmative action and reservation policies: https://bit.ly/3saNwg2 👨‍⚖️ As the administrative head of the Court and the Master of Roster, the Chief Justice forms benches and allocates cases. Experts have highlighted that this "disproportionate" power of the CJI has interfered with the transparency of the Court's processes. Read more: https://bit.ly/3FDxYVu

🌄 Good Morning! 🎥 The parties in the challenge to the abrogation of Article 370 relied heavily on case laws that discuss the various parts of the provision, the powers of the President and J&K’s Constituent Assembly. In our latest video, we discuss four crucial cases. https://bit.ly/3s0JIy7 🗓️ The Supreme Court recently listed pending seven- and nine-judge bench cases. These cases cover a wide array of topics, including defection of legislative members, taxation, freedom of the press, and industrial disputes. Find out what these cases are and when they will be heard here: https://bit.ly/49dyl6r 📄 Want detailed descriptions, reports and documents of important cases before the Supreme Court? Visit our *"cases page"* here: https://bit.ly/3SgfIZD

☀️Good Morning! ✍🏽 CJI Chandrachud once said that dissent is the “safety valve of democracy”. Chief Justices, however, hardly ever dissent on a Constitution Bench. In fact, since 1950, a CJI has dissented only 13 times in a Constitution Bench case. https://bit.ly/3Q7Qn1r 🗣️ Did you know that in the marriage equality case, openly queer lawyers argued only for 15.89% of the petitioners’ allotted time? Our arguments time-split tells you which lawyers argued the longest in the 10 days of hearing. https://bit.ly/45JEjcw 📧 If you enjoy sitting back on a Sunday morning and reading a crisp newsletter on the highlight of the week, SCO Desk Briefs are for you. This weekly newsletter tells our subscribers the full story in the simplest way. https://bit.ly/3rvqmRa

🌅Good Morning! 🛠️ The rise in Constitution Bench activity has reopened the conversation about critical structural reforms in the Supreme Court. What could splitting the Court's functions look like? https://bit.ly/3FxhDSa 🏛️ Recently, a bench of the Delhi High Court used video conferencing to allow undertrial prisoners without proper representation to appear in court. Can this facility be implemented in other benches and jurisdictions? https://bit.ly/3rOHd1O 🎥 Last week, a five-judge bench held that sexual minorities in non-heterosexual relationships do not have the right to marry in India. Our latest video summarises all you need to know about the judgement: https://bit.ly/46ZYBj0

☀️ Good Morning! 🎥 A five-judge bench rejected the plea for sexual minorities' right to marry in India. What did the SC say? In our latest video, we break down the judgement. Watch here: https://bit.ly/46ZYBj0 👓 Prefer to read? Here's our judgement summary: https://bit.ly/3S3HM29 👨‍⚖️ In the marriage equality judgement, the Chief Justice was unusually in a minority. This has happened only 12 times before. What does this mean for diversity of opinion? Read our latest Desk Brief to find out: https://bit.ly/471iQgc ⚖️ In other news, did you know that since 2021, the Supreme Court has been monitoring bail policy in India through a suo moto case titled In _Re. Strategy for Grant of Bail?_ Read more in SCO's latest feature: https://bit.ly/3Ma8nqz