Supreme Court Observer

🌄 Good Morning! 👨‍⚖️ Recently, Chief Justice D.Y. Chandrachud expressed his intentions to make Constitution Benches a “permanent feature” of the Supreme Court. 🪑Constitution Benches which typically assemble in five, seven or nine-judge Benches, answer ‘substantial questions of law’ and interpret the Constitution. ⚖️ This year a Constitution Bench has assembled almost each month to tackle matters of public importance. 📉 Do Constitution Benches affect pendency of cases by hindering smaller benches from convening simultaneously? Experts that SCO spoke to don't think so. Find out why in SCO's latest analysis: https://bit.ly/4626Omu 📊 Read more about Constitution bench activity, pendency and other trends in our Court Data section: https://bit.ly/3RtEFAo

☀️ Good morning! Here's a quick recap of everything that happened at the Supreme Court yesterday! 💵A 25-year-old judgement granting immunity to lawmakers from criminal prosecution for vote and speech in the House will now be reconsidered by a 7-judge bench. The larger bench will decide the extent of immunity of legislators in cases of bribery. More: https://bit.ly/46hfRzR 📅 The Bench set hearing dates for two Constitution Bench matters: 1) The Constitutionality of the National Register of Citizens: 17 October 2023 (https://bit.ly/3R8nh3V) 2) Validity of reservations in the Lok Sabha and State Legislative Assemblies under Article 334: 21 November 2023 (https://bit.ly/3r6EAIb) 👩‍⚖️"If victim cannot approach, then who can?" asked Justice B.V. Nagarathna to respondents who argued that Bilkis Bano cannot approach the Supreme Court to challenge remission. More: https://bit.ly/3rvejDo

☀️ Good morning! 🦸‍♂️Lately the Supreme Court of India, like Captain America, has taken an "I can do this all day", attitude towards hearing Constitution Bench cases. 📅 After two weeks of reserving judgement in the monumental Article 370 challenge, a new Constitution Bench led by CJI Chandrachud is armed to resume "all day" hearings in 3 new cases today. ❓ What are they? Our case backgrounds have got you covered: 1) The Constitutionality of the National Register of Citizens (NRC): https://bit.ly/3R8nh3V 2) Validity of reservations in the Lok Sabha and State Legislative Assemblies under Article 334: https://bit.ly/3r6EAIb 3) MLA's Immunity from prosecution for accepting bribes to vote in the Parliament or a state assembly: https://bit.ly/3Z7dxc9

🌻 Good Morning! 📰 Last week, the Court stayed proceedings under all First Information Reports against members of the *Editors Guild of India.* The Bench reasoned that “making a false statement in an article” does not attract Section 153A of the IPC. Read more: https://bit.ly/3r9kzko 🗃️ In 2021, an unprecedented 1,13,904 Public Interest Litigations were filed in the Supreme Court. The trend seems to continue in 2022 with 1,03,934 PILs as of 31 October. But does this mean there has been a shift in the SC’s approach to PILs? Read our *latest feature* to know: https://bit.ly/3rkXYkP 🗣️ Did you know in that in the *challenge to the abrogation of Art. 370* the Bench heard arguments for over 60 hours? Read our comprehensive arguments time split here: https://bit.ly/3EFJVcE

☀️ Good morning! 🗃️ There’s been an unprecedented increase in the number of Public Interest Litigations filed in the Supreme Court, with 1,13,904 PILs filed in 2021 alone. While these numbers may suggest that the Court has a robust public interest focus, experts suggest that the SC has gotten less PIL-friendly over the years. https://bit.ly/3rkXYkP 🗣️ The Supreme Court heard arguments against the removal of Article 370 for 40 hours. Of this, only 4.7 hours were occupied by lawyers from Kashmir. Who took the most of the Courts time in the Kashmir case? Find out here: https://bit.ly/3EFJVcE

🌻 Good morning! 🗣️ When hearings in the Article 370 case completed on 5th Sept, the Court had heard the case for a whopping 16 days. The bench managed to hear 17 petitioner lawyers and 23 respondent lawyers in this time! SCO’s argument time split shows the time taken by each counsel, time taken by women lawyers, Kashmiri lawyers and more. https://bit.ly/3EFJVcE 📄 The Director of the Enforcement Directorate, Sanjay Mishra’s tenure ends today. Since 2021 Mishra's tenure has been extended 4 times, despite the Supreme Court’s repeated bar against granting such extensions. How can the Union take actions contrary to the SC’s decision? Read the story of Mishra’s tenure extensions for more: https://bit.ly/3sVZ6fa

☀️ Good Morning! ⚖️ Today, the Supreme Court will continue hearing arguments in Bilkis Bano's plea challenging the premature release granted to 11 gang rape convicts. The case has completed ten days of arguments so far. Access all our reports here: https://bit.ly/45O2RBV 💰 Previously, it was revealed that the 11 convicts deposited their fines after 15 years of conviction. This occurred only a few days after petitioners argued that their remission was illegal due to non-payment of fine. More: https://bit.ly/3EmgjRx ⛓️ The Bilkis Bano case has fueled an extensive debate between the theory and application of criminal reforms, sentencing, and remission. Has the judiciary disagreed with the executive over remission before? Find out more: https://bit.ly/47SKflA

Yesterday, the Supreme Court referred the challenge to sedition law in India to a Constitution Bench of “at least five-judges”. Previously the Union had convinced the Court to halt hearings in the case, as they were reconsidering sedition law. This time, the CJI said that he was “not inclined to accept” these arguments. Find out why! https://bit.ly/44MDIGl Activist Umar Khalid’s appeal against the Delhi High Court’s denial of bail was adjourned by the SC yesterday. It has been listed one month later. The case has been pending before the SC since April 2023. Khalid’s initial application for bail has been pending since July 2021. Our tracker traces his journey through Indian courts since arrest. https://bit.ly/45OSoGa Today 5-Judge Bench will continue to hear arguments on whether a person licenced to drive a ‘light motor vehicle’ under Section 2(21) of the Motor Vehicles Act, 1988 is automatically entitled to drive a ‘Transport Vehicle of Light Motor Vehicle Class’ with unladen weight of less than 7500 KGs. This case will have a deep impact on road safety and the livelihood of many. More on why: https://bit.ly/3pYbMRv

🌤️ Good Morning! 👮‍♂️ Yesterday, the Supreme Court heard the Editors Guild of India (EGI) on the FIRs filed against their fact finding report. The report looks into the coverage of the Manipur violence by the local media. Read Sr. Adv. Kapil Sibal’s arguments in support of the EGI here: https://bit.ly/3Pbg2FX ⛓️ Yesterday, a Constitution Bench of the Supreme Court declared that public officials do not enjoy immunity against arrest after the provision which granted such immunity is struck down following their arrest. What does this mean? More here: https://bit.ly/3ExL3yU ⚖️ During the Article 370 hearings, the Supreme Court demanded a person seeking protection under Article 32 to prove their allegiance to India in an affidavit. Will this have any impact on the constitutional question at hand? SCO's latest Desk Brief explores: https://bit.ly/453DYRH

☀️ Good Morning! ⚖️ Today, a Constitution Bench (CB) will pronounce its Judgement in C.B.I v R.R. Kishore. The CB will determine if immunity against arrest extends to older pending cases after the provision granting immunity is struck down. In November 2022, the CB heard the case for one day and reserved the judgement. More: https://bit.ly/44Si9nH 🎤 Today, the Supreme Court will hear the Editors Guild of India's plea against Manipur police's FIR accusing Guild members of promoting enmity between different groups through their fact-finding report on the "Media's reportage" of the Manipur violence. Stay updated on scobserver.in for more. 📧 Subscribe to SCO’s weekly newsletter here. Our Desk Briefs cuts through the clutter and tells the most important stories from the court in the simplest way. Subscribe now! http://bit.ly/3L1msWU

🌦️Good Morning! 🔎 Experts argue that the Digital Data Protection Act, 2023 creates a backdoor mechanism for governmental agencies to prevent release of information on the grounds that it is “personal information.” SCO looks at how the higher courts have approached the Right to Information over the last decade. Read more: https://bit.ly/3Z5h3nz 🔏 A 2019 draft of the Data Protection Bill had a special category of “sensitive personal data” that included attributes like sex life, sexual orientation, caste and religious or political affiliation. The 2023 Act however, does not include this provision. Arguably, it misses the opportunity to bolster the right to privacy for marginalised groups. Read more: https://bit.ly/3svxzkx 📰 Read SCO's curated list of articles that have raised critical questions around the recent Data Protection Act both from technical and philosophical standpoints is here: https://bit.ly/3qFeE68

🌻 Good morning! 🧑🏻‍⚖️ Just as the Supreme Court wrapped up hearings in the challenge to abrogation of article 370 this week, it announced the formation of a new Constitution Bench that will hear 3 key cases in the coming days. https://bit.ly/3ErBr8Q 📄 The 1st case concerns the constitutionality of the National Register for Citizens (NRC). The Assam NRC is meant to identify illegal immigrants in the State who migrated from Bangladesh after March 24th, 1971. https://bit.ly/3R8nh3V 🪑In the 2nd case, the SC will decide the validity of Article 334 which provides reservations in the Lok Sabha and State Legislative Assemblies. The SC will decide if the Union can extend the reservations despite a 10 year cap imposed in the Constitution. https://bit.ly/3r6EAIb 💰 In the 3rd case, the Court will decide whether a legislator enjoys immunity under Article 194(2) of the Constitution from prosecution for accepting bribes to vote in Parliament or an Assembly. The Court will engage with the limits to a parliamentarian's immunity in this case. https://bit.ly/3Z7dxc9 The new 5-Judge bench comprises Chief Justice D.Y. Chandrachud, Justices A.S. Bopanna, M.M. Sundresh, J.B. Pardiwala and Manoj Misra.

☀️ Good Morning! ⚖️ Yesterday, the Supreme Court reserved judgement in the challenge to the abrogation of Article 370. Over the course of 16 days, 40 lawyers argued in support and against the Union's decision to revoke the special status of Jammu and Kashmir. More: https://bit.ly/44GGRaN 🪖Today, the Supreme Court is expected to continue monitoring the Manipur Violence. Previously, the Court directed that 27 cases currently being investigated by the CBI will be heard by session judges in Assam due to "security concerns". https://bit.ly/3qV5Vx1 📝Today, the Court will also hear arguments against the validity of the Bihar caste survey. Previously, Senior Advocate C.S. Vaidyanathan contended that the state government had no authority to conduct a survey that required details like caste, gender, and religion. More: https://bit.ly/3Z2zQ2V

🌤️ Good Morning! ⚖️ Today, the Supreme Court is expected to conclude hearings in the challenge to the *abrogation of Article 370* after 16 days of arguments from the petitioners and respondents. Yesterday, Senior Advocate Kapil Sibal commenced rejoinder arguments for the petitioners. He reiterated that history showed that J&K had a 'special status': https://bit.ly/481GfPH ⛓️ The ongoing case challenging the *early release of convicts in the Bilkis Bano case* has exposed the differences between theory and practice of criminal justice administration. The proceedings fuel the larger debate on criminal reform, sentencing and remission. SCO's latest Desk Brief sheds light on this discussion: https://bit.ly/47SKflA 📳 We will be live tweeting the Article 370 hearings. Follow scobserver on twitter for live updates now! https://bit.ly/45e8Mzk

🌻 Good morning! Hearings in the challenge to abrogation of article 370 will continue today for the 15th day. Respondents are expected to complete arguments. The Court will give the petitioners two days for rejoinders. https://bit.ly/3DXzGQD On day 14, those arguing in support of the abrogation contended that the President’s powers cannot be limited by an external body. After 1957, they argued, the President had the power to take any action under Article 370. https://bit.ly/44Si5ER Last week the Court heard arguments in the case concerning remission of the Bilkis Bano gang rape convicts. One of the main arguments against remission so far has been that the convicts had not paid a fine that was levied on them. In the last hearing, lawyers for the convicts told the bench that the fines had been paid now, 15 years after conviction. https://bit.ly/3EmgjRx

☀️ Good Morning! ⚖️ Yesterday, Solicitor General Tushar Mehta informed the Bench that while the Union couldn't commit to an exact date to restore J&K's "statehood", it had undertaken several initiatives to develop the region. Attorney General R. Venkataramani, Senior Advocates Harish Salve and Rakesh Dwivedi then argued in support of the abrogation. More: https://bit.ly/3srCBhN 📋 As the Union government continues its arguments today, catch up with the petitioners' contentions in our matrix: https://bit.ly/45IKLAD ⛓️ Yesterday, Senior Advocate Sidharth Luthra revealed that the Bilkis Bano gang rape convicts paid their fines--a grand total of ₹34,000--15 years after their conviction. The Division Bench remarked that these fines were deposited without the Court's permission. More: https://bit.ly/3ElIBeQ

🌅 Good Morning! 🗣️ Attorney General R. Venkataramani will resume arguments in support of the abrogation of Article 370 which removed J&K's special status. In the last hearing, Solicitor General Tushar Mehta argued that since the abrogation, J&K has seen rapid development. Full report here: https://bit.ly/47QyT1w ⛓️Today, a Division Bench of the Supreme Court is expected to conclude hearings in the challenge to the early release of convicts in the Bilkis Bano case. Last week, the Gujarat government argued that all due processes were followed before remitting the convicts. More: https://bit.ly/3PeGGiA 📳 We will be live tweeting the Article 370 hearings. Follow scobserver on twitter for live updates now! https://bit.ly/45e8Mzk

🌻Good Morning! 💰In the Article 370 hearings yesterday, Solicitor General Tushar Mehta argued that the Union did not reorganise J&K into a Union Territory as a matter of policy, but also had a blueprint for its development. Once their goals were achieved, J&K’s statehood would be restored. Report here: https://bit.ly/47QyT1w 💻 In SCO’s newsletter last week our Editor in Chief discussed the importance of the Article 370 hearings as one of the most momentous episodes in India’s immediate political history. Why does the case matter and what are the issues involved? Read here: https://bit.ly/3YTC1Wr 📧 Subscribe to SCO’s weekly newsletter here. Our Desk Briefs cuts through the clutter and tells the most important stories from the court in the simplest way. Subscribe now! http://bit.ly/3L1msWU

☀️ Good Morning! ⚖️ Yesterday, Solicitor General Tushar Mehta argued that the abrogation of Article 370 was the Union's attempt to rectify mistakes of the past. He contended that the provision ensured that the people of J&K didn't have rights that were equal to citizens in the rest of the country. He also argued that the reorganisation of J&K into Union Territories was valid. More: https://bit.ly/47OFc5J 📋 Last week, 17 lawyers concluded arguments after nine days of hearings in the challenge to the abrogation of Article 370. SCO’s matrix provides a snapshot of the key submissions: https://bit.ly/45IKLAD 💾 The Digital Personal Data Protection Act, 2023 has no provisions on protecting "sensitive personal data" which includes sexual orientation, caste, political belief, etc. Critics argue that the Act wasted an opportunity to promote horizontal equality, and protect the privacy of marginalised and vulnerable groups. More: https://bit.ly/3svxzkx

🌅 Good Morning! 🏛️ Solicitor General Tushar Mehta will resume arguments in favour of the abrogation of Article 370 today. Last week, he submitted that contrary to what the petitioners argued, Jammu and Kashmir did not have a 'special status.' 🗣️ We highlight the main arguments made by the petitioners here: https://bit.ly/45IKLAD 📽️ Our latest video summaries the Solicitor General's main arguments form last week: https://bit.ly/44n7uBq 📄 Prefer to read? Here's a detailed report of the latest hearing: https://bit.ly/44oxZGK 📳 We will be live tweeting the Article 370 hearings. Follow scobserver on twitter for live updates now! https://bit.ly/45e8Mzk