Supreme Court Observer

🌅 Good Morning! ⛰️ On 26 July 2024, a 9-judge bench, in an 8:1 majority, held that only states could tax mines and minerals and that _royalty_ *is not* _tax_ ⁉️ However, a crucial question remained unanswered: would the judgement apply prospectively or retrospectively? 🗓️ And so, the nine judges convened again five days later and heard arguments. https://bit.ly/46RWSNS 🏛️ Today, the bench will assemble to clarify. If held to have a restospective effect, mining companies may have to cough up huge sums of money to pay state governments. ✍🏻 Our full coverage of the case so far is here: https://bit.ly/3LI6rVy

🍀 Good morning! 🏛️ Last week, a Division Bench granted bail to Aam Aadmi Party leader Manish Sisodia, 17 months after his arrest in connection with the Delhi Liquor Policy Scam. 🪜 Sisodia, the former deputy CM of Delhi, has not had a trial yet. The Court noted that sending Sisodia to the trial court again to apply for bail "would be making him play a game of Snake and Ladder." ⏳ We trace Sisodia's long journey to bail here: https://bit.ly/3X0AkHn 📑 For a precise and simple breakdown of his bail order, read here: https://bit.ly/3MnNOHb

✨ Good Morning! 📄 Last week, a two-judge bench of the Supreme Court granted bail to Manish Sisodia in the Delhi Liquor Policy case. Given that he was in prison for 17 months without trial, the bench wrote that he'd been deprived of his right to speedy trial. Read a summary of the order here: https://bit.ly/3LZoGpE 🗞️Several other headlines emerged out of the Court last week. In our latest Desk Brief, we take you through the key events: https://bit.ly/3M0qdf9 🎉 Have you subscribed to Desk Brief, our weekly newsletter, yet? https://bit.ly/3L1msWU 5️⃣ We've also curated a list of five articles on the Court's decision to uphold sub-classification in the SC/ST categories. Read: https://bit.ly/3yAFUXp

🌸 Good morning! ⛓ This week, the Supreme Court heard a case pertaining to release of undertrials and convicts to avoid prison crowding. The Court has monitored the issue since October 2021. The bench discussed issues related to permanent remission and premature release of life convicts. More: https://bit.ly/4fzddL7 ⚖️Today, the Supreme Court will hear challenges to the Chief Election Commissioner & Other Election Commissioners Act, 2023. Petitioners argue the Act contradicts the Anoop Baranwal (2023) verdict, which recommended a 3-member panel of the PM, LoP, and the CJI for ECI appointments. The Act replaces the CJI with a Union Cabinet Minister nominated by the PM. Here's what you need to know: https://bit.ly/4deUtiB 7️⃣ In August, a seven-judge bench ruled that state governments can make sub-classification within the Scheduled Caste category for the purpose of affirmative action policies. More in our judgement summary here: https://bit.ly/3Wqi5cE

🌅 Good Morning! 📉 In June 2024, pendency at the Supreme Court increased by 2000 cases due to the summer break. When the Court returned in July, despite being two judges short for half of the month, pendency reduced by 900. Full report: https://bit.ly/4fEpAWf 👨🏻‍⚖️ In July, a judge of the Punjab & Haryana HC had criticised the top court for staying a contempt proceeding. Yesterday, a Special Bench of five judges exercised suo moto power and expunged his comments from the public record: https://bit.ly/3SF3dq0 👮🏽‍♀️ Yesterday, the Court said that it would hear the pleas for the review of _'Vijay Madanlal'_ on 28 August. The 2022 judgement upheld the wide powers of the ED under the PMLA. Here's a summary of that far-reaching decision: https://bit.ly/3YzK1gY

🍃 Good morning! 🏛 Last week, a 6:1 majority of the Supreme Court ruled that states could create sub-classification within the SC/ST categories. Judicial hands dusted (for now, at least), the ramifications of this decision are expected to play out in the political arena. Read more here: https://bit.ly/3AfAba9 🔎 Today, a Special Bench will hear a plea for the review of 'Vijay Madanlal', a 2022 decision upholding the constitutionality of various provisions of the Prevention of Money Laundering Act. Read our detailed coverage of the case since 2021 here: https://bit.ly/4fy0LLM 📕 Today, the Court will also hear a challenge to the marital rape exception in Indian criminal law. Our case background explains: https://bit.ly/3yt45ah

☕ Good Morning! ✍🏽 Yesterday, the Supreme Court took suo motu cognisance of the issue where three UPSC aspirants drowned in the flooded basement of their coaching centre in Delhi amidst heavy rains. The Court’s exercise of Suo Motu powers occurs when it takes cognisance of a matter on its own volition without being petitioned. How does this work? SCO explains: https://bit.ly/4dx4lE1 🗒 The Supreme Court's judgement to uphold the constitutionality of sub- classification within SC/STs had as many as 6 opinions. SCO’s Matrix breaks down the key points by judge and issue: https://bit.ly/3AbIP9r 🎉 Have you subscribed to SCO Desk Briefs yet? Subscribe now to receive email newsletters on insightful stories about the top court. https://bit.ly/3L1msWU

🪻Good morning! 7️⃣ Last week, a seven-judge Constitution Bench of the Supreme Court, by a 6:1 majority, upheld the states' power to make sub-classifications within the Scheduled Caste category. The Bench emphasised that such classification for the purpose of affirnative action must be based on empirical evidence. Read our detailed summary of the judgment: https://bit.ly/3Wqi5cE 🩺 On Friday, the Supreme Court issued directions to streamline and bring greater accountability to the management of the NEET UG exam. These included recommendations on improved security, technological advancements and accessibility for underprivileged students: https://bit.ly/3SAmLM6 🔗 Keep following scobserver.in for more updates on the Supreme Court.

🌧️ Good Morning! 🏛️ Yesterday, a 7-judge bench of the Supreme Court upheld sub-classification within reserved categories in a 6:1 majority. The decision comprises 6 different opinions running over 565 pages. 📜 The majority held that Scheduled Castes were not a homogeneous group as they faced varying degrees of discrimination. They clarified that sub-classification must be based on quantifiable data and subject to judicial review. 👩🏻‍⚖️Justice Bela Trivedi, authoring the dissent, held that Scheduled Castes were a homogeneous group under Article 341 and sub-classification by states would not be in step with the constitutional scheme. 📃 Read our judgement pronouncement report here: https://bit.ly/3WstDfz 🔎 Full coverage of the case: https://bit.ly/3LQlgpn

🍃 Good Morning! 👨🏻‍⚖ Today, a seven-judge Constitution Bench will deliver judgement on whether sub-classification in reservations within the Scheduled Caste group is constitutionally permissible. Read our full coverage of the case here: https://bit.ly/3LQlgpn 🗣️ During the hearings over three days in February, the petitioners argued that the Scheduled Caste list was not a homogeneous group because castes within the group faced various degrees of discrimination. Sub-classification within the group, they said, would help tackle the “battle of backwardness within backwardness." 🤝 The Union and state governments—which are usually on opposing sides—argued in support of subclassification. 📊 SCO's matrix breaks down the key arguments: https://bit.ly/3AfuicJ

🦋 Good Morning! 💰 On 10 April 2024, a three-judge bench of the Supreme Court exercised its curative power to annul an arbitral award which had held the Delhi Metro Rail Corporation liable to pay nearly ₹7600 crores to Delhi Airport Metro Express Private Limited.  ✍🏽 In our latest commentary piece, a practitioner argues the judgement upheld the principles of natural justice and rectified the shortcomings of a perverse award: https://bit.ly/4d0f220 📝 Previously, on scobserver.in, practitioners have argued that the Court’s exercise of curative powers in this matter was excessive. https://bit.ly/3A1YDLX 📄 They contended that the Court “upended the idea of finality in arbitration proceedings” and “opened the floodgates to excessive litigation.” https://bit.ly/45nOp3W

🌸 Good morning! 📊 Yesterday, the Supreme Court refused to stay a Patna HC decision that declared two Bihar laws increasing reservations for backward classes to 65 percent as unconstitutional. Learn more about the case: https://bit.ly/3Ab3fiK 🪑As part of its 75th anniversary celebration, the Supreme Court commenced its Special Lok Adalat yesterday. The Court is aiming to settle around 1,600 cases over a week: https://bit.ly/3yquzJl 👨‍⚖️ With CJI DY Chandrachud’s retirement in November 2024, the Supreme Court is expected to deliver judgments in at least six Constitution Bench cases. Our video explainer covers the key issues in each of these matters: https://bit.ly/4c6IIJs

🏜️ Good Morning! ⛰️ Last week, a 9-judge bench of the Supreme Court held that only states (and not the Union) can tax mines and minerals. The 8:1 majority also clarified that _royalty_ *is not* a tax. 📩 Our weekend newsletter captures everything you need to know about the case in one snapshot: https://bit.ly/3LOwtGJ 📜 Read our detailed judgement summary to understand the reasoning behind the majority and dissenting opinions: https://bit.ly/3WDkpOS 🗒️ Want a simple breakdown of the key aspects of the judgement in table form? Check out our matrix here: https://bit.ly/3WHapUI 🎥 Prefer to watch a video? We've got you covered! Watch our judgement explainer here: https://bit.ly/4d4JhF5

🍁 Good morning! ⛏ Yesterday, a nine-judge bench of the Supreme Court upheld state governments' power to tax mines and minerals in an 8:1 majority. Read our report: https://bit.ly/3WByg8i 🪙 The majority led by CJI Chandrachud held that states, and not the Union, have the sole legislative competence to tax minerals. They also held that royalty is “conceptually different from a tax". The full judgement is here: https://bit.ly/4bYgjFI ⚠ Justice B.V. Nagarathna, in dissent, argued that the majority's decision could lead to double taxation. She cautioned that the decision will have grave economic implications. Read here: https://bit.ly/3Sjucar 👉🏼 Find all reports and resources on our case page here: https://bit.ly/3zWlQix

🦋 Good morning! ❗️Today a nine-judge bench will deliver its verdict in one of the longest pending cases. It will decide whether state governments have the power to tax mines and minerals. https://bit.ly/3LI6rVy 🗣️ States like Jharkhand, Andhra Pradesh, Uttar Pradesh and Odisha argued that the power to collect tax on minerals is exclusive to state governments, per Entry 50 of the State List. 📃 The Union and mining companies contended that the power to collect tax is restricted by the Mines and Minerals (Development and Regulation) Act, 1957. The Act allows the Union to determine the royalty to be paid by a mine leaseholder to the landowner—often the state government.  *Read our arguments summary here*: https://bit.ly/3WhFSvq 🪙 *Why does this case matter?* Revenue from mineral taxation is vital for states like West Bengal and Jharkhand. State governments also resisted the argument that the Union must have control over mines and minerals in the interest of the “common good” by stressing the importance of preserving India’s federal structure. 🚨 Stay tuned to scobserver.in for a summary of the judgement.

🌇 Good morning! 🩺 Yesterday, the Supreme Court refused to cancel the 2024 NEET UG exam, citing insufficient evidence of a “systemic leak.” The Court reasoned that a retest would have “cascading effects” on medical education and prejudice students from marginalised communities: https://bit.ly/4f9FVlP 🏢 The Court has been proactive in listening to grievances of candidates of competitive examinations such as NEET. However, in most cases, it has not directed cancellations and retests: https://bit.ly/3Ws9fg5 ☑ Yesterday, the Court also narrowed down three key issues to be considered while determining the Bihar government’s competence to conduct caste-based surveys for drafting policies. Arguments are expected to begin in September 2024: https://bit.ly/46hEyx7

☕ Good Morning! 🥼 Today, a bench led by CJI Chandrachud will continue hearing petitions seeking the cancellation of the 2024 NEET UG exam for medical admissions. 📃 Yesterday, several petitioners seeking a retest argued that private parties and coaching classes tampered with the sanctity of the exam. More here: https://bit.ly/4d7t2GM 🏛️ Earlier this month, the top court granted interim bail to Delhi CM Arvind Kejriwal from his arrest by the Enforcement Directorate. The Court referred the wider question of the legality of his arrest to a larger bench. 📩 The larger bench will decide if investigating agencies must prove "need and necessity" of arrest. What does this entail? Find out here: https://bit.ly/3LB18r9

🌸 Good morning! ✏ Today, a Division Bench led by CJI Chandrachud will continue hearing a slew of petitions seeking retest for NEET UG 2024, on account of a possible "systemic" leak. 📝 On 18 July, the Court had directed the National Testing Agency to publish centre-wise results of all candidates who appeared for NEET UG 2024. Read more: https://bit.ly/46dPQ5v 📃 On Saturday, the NTA published this data as per the Court's direction: https://bit.ly/4bRM5nF 🏛️ Today, the Court is expected to discuss what this data suggests about the extent of the leak. The Union has argued that the leak was localized and did not call for a retest. Meanwhile, the Court has not halted the counselling process.

🦋 Good Morning! 📃 Yesterday, a Division Bench heard petitions seeking retest of the 2024 NEET UG Exam. The bench directed the National Testing Agency to publish centre-wise results by 12pm on Saturday 20 July. https://bit.ly/4bRWxvs 📝 Issues that came up included: how the paper was leaked in Hazaribagh; the accuracy of an IIT-M study of the test results; the fact of 61 students receiving perfect marks and an exponential increase in overall scores this year. 🎥 The Court got two new judges yesterday, bringing its strength to a full bench of 34. Watch our video explainer to know more: https://bit.ly/4cOwAhq

🌅 Good morning! 2️⃣ Two new judges will be sworn in to the Supreme Court today. The appointments of Justice N. Kotiswar Singh and Justice R. Mahadevan are intended to improve represention of North-East India and backward communities respectively: https://bit.ly/3ScJUnM 🪑 Justice N. Kotiswar Singh was among the first judges appointed to the Manipur High Court when it was established in 2013. He will be the first Supreme Court judge from Manipur: https://bit.ly/4bTXEdP ⚖️ Justice R. Mahadevan was the Acting Chief Justice of the Madras High Court before he was elevated to the Supreme Court. The Collegium stated that his appointment will ensure representation of a backward community from Tamil Nadu: https://bit.ly/3y6d5lt