Supreme Court Observer

🌄 Good Morning! ⁉️ *Are fundamental duties enforceable?* 📕 Article 51A of the Constitution enlists 11 duties that every citizen "shall" follow. These include the duty to abide by the Constitution, respect the National Flag, defend the country, promote harmony and more. 📃 In 2021, Advocate Durga Dutt moved the Supreme Court with a petition seeking the enforcement of fundamental duties. The petition argues that fundamental duties stand on the same footing as fundamental rights but are “brazenly flouted” by citizens. 🏛️ Yesterday, a bench led by Justice Sanjiv Khanna heard the case. Here's what happened: https://bit.ly/3MDI0cC 🔍 Our detailed background of the case is here: https://bit.ly/3zfNh70

☕ Good morning! 🟦 Last week, President Droupadi Murmu and Chief Justice Chandrachud unveiled a new flag and insignia for the Supreme Court. But why does a Supreme Court need a flag? Read our desk brief on judicial symbolism: https://bit.ly/3XART0O 📉 August was the Court's first full month back from summer vacation. Despite the Court functioning at full strength of 34 judges, disposal figures dropped. Read here: https://bit.ly/3MHoYCe 🗞 August also saw Constitution Bench decisions and hearings on affirmative action, validity of a Light Motor Vehicle licence and arbitration. Our monthly review has the highlights: https://bit.ly/3TpsJjl

🪴 Good morning! 🩺 Yesterday, the Chief Justice’s bench continued hearing a suo moto case on the sexual assault and murder of a trainee doctor at R.G. Kar Medical College, Kolkata. 🔍 Having found concerning irregularities in the investigation, such as delayed filing of FIR, incomplete documentation, and mob violence at the crime scene, the Court has been seeking status reports from the CBI. 🥼 On learning that about 25,000 doctors continue to protest and haven't resumed duty, the Court sternly said protests can’t take place at the cost of duty and in detriment to patients that need their service. 🚓 The Court also directed the state of West Bengal to take some crucial measures for doctor safety. Read here: https://bit.ly/3ZdKKF2

☀ Good morning! 🏛 Today, the Supreme Court is expected to receive an update from the CBI and the Kolkata police in the RG Kar Medical College rape and murder case. Last month, the Court assured doctors that no coercive action would be taken against them for participating in protests: https://bit.ly/4cAZPne 🩺 Last month, the Court also set up a Task Force to formulate a national protocol for the safety of doctors and other medical professionals in the country: https://bit.ly/3SZ6VL7 🔍 While some have criticised the Court’s intervention as an attempt to gather brownie points and insert itself into a “national moment”, it may be cynical to view the Court’s suo moto cognisance merely as an optics game. Our desk brief: https://bit.ly/475xrZk

🌼 Good morning! ⚖ Today, a bench led by CJI D.Y. Chandrachud is scheduled to hear a plea regarding the Patna HC's decision to strike down two laws that increased reservations for SC, ST and OBCs in Bihar up to 65 percent. The Bihar government has also appealed the High Court decision. Read our explainer: https://bit.ly/4cWPHFw 👨🏻‍⚖ Yesterday, the Supreme Court reserved judgement in Delhi CM Arvind Kejriwal’s plea seeking bail from his arrest by the CBI. The CBI arrested Kejriwal for alleged corruption in the Delhi Liquor policy scam on 26 June, two weeks before he was granted interim bail in his arrest by the Enforcement Directorate. Read here: https://bit.ly/3Mz8v2U 👩🏽‍⚖ Last week, Justice Hima Kohli retired after three years at the Supreme Court. With her retirement, only two women judges remain on the Supreme Court bench. 75 years and 276 judges later, the representation of women at the top court has been just 4 percent. Read here: https://bit.ly/4dPlutj

🌻 Good morning! 🏛️ Today, the Supreme Court will hear a plea by Delhi CM Arvind Kejriwal challenging his arrest by the CBI in the Delhi Liquor Policy case. Kejriwal has completed 70 days in prison since he was arrested by the CBI in June this year. 🚔 Last month, the Court refused interim bail to Kejriwal in the CBI case. His counsel argued that the CBI arrest was an “insurance arrest” pointing out that Kejriwal had 3 favourable bail orders in the money laundering case being investigated by the ED: https://bit.ly/4dVGCOr ❔Earlier this year, the Court granted interim bail in the ED case highlighting that Kejriwal had suffered a long period of incarceration. Despite this, Kejriwal has remained in prison due to the CBI arrest: https://bit.ly/47dhjou

🌫️ Good Morning! 🏛️ Last month, a seven-judge bench of the Supreme Court, in a 6:1, majority, upheld states' power to create sub-classification within SC/ST groups. 👨🏻‍🏫 In an interview with the _Supreme Court Observer,_ Anup Surendranath, Professor at the National Law University-Delhi, reflected on what the judgement got right and wrong. 🎥 Watch the full interview here: https://bit.ly/4cQddnE 📉 In August, pendency in the Supreme Court reduced for the second consecutive month after recording an all-time high in June. Our analysis is here: https://bit.ly/3XfUBrl

☀️Good Morning! 👩🏻‍⚖️ Justice Hima Kohli retired yesterday, after a three-year tenure at the Supreme Court. Now, there are only two women among the 33 sitting judges. We had a quick glance at the poor gender representation in the Court over its 75 years. https://bit.ly/3Mrkkbp 🚺 Across High Courts as well, representation of women is weak -- a concerning 14%. SCO’s latest Court Data post looks at which High Courts are faring well on this front: https://bit.ly/3XcG3Zo ✍🏽 Justice Hima Kohli was part of some significant cases in recent years, including the plea for marriage equality and the split within the Shiv Sena. Read her notable judgements here: https://bit.ly/4dOs6Iq 🔢 A number-based analysis of her Supreme Court career is here: https://bit.ly/3XrbSir

🌅 Good morning! 📂Today is the third day of arguments in the five-judge Constitution Bench matter relating to the power to appoint an arbitrator by a person ineligible to be an arbitrator. The Court is also looking at the validity of the unilateral setting up of a panel from which arbitrators can be selected. 📃Yesterday, the Union and PSUs argued that the Arbitration Act had checks and balances which ensured the impartiality of an arbitral tribunal. Keep following our case page for a detailed report: https://bit.ly/4cENrSZ 💼 On Day 1, private contractors argued that unilateral appointments of arbitrators created a perception of bias and threatened the “equal treatment” principle: https://bit.ly/3yWR7Sp

✨ Good Morning! 5️⃣ Today, a five-judge Constitution Bench will continue hearing the case to decide if a person who is ineligible to be an arbitrator can appoint one. 🏛️ Yesterday, private contractors argued in the negative. They also contended that the process of appointing a panel of arbitrators could not be unilateral. Here's a detailed report: https://bit.ly/3yWR7Sp 👩🏽‍⚖️ Can a bench of a lower quoram overrule or doubt the decision of a larger bench? What does the Court's jurisprudence say? We explore: https://bit.ly/3XihMm2 ✍️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. You can also reach us on WhatsApp, Telegram, Instagram, Facebook and LinkedIn.

🌻 Good morning! 🏛️ Today, a 5-judge Constitution Bench will hear the case to decide whether a person who is ineligible to be an arbitrator can appoint another person as arbitrator: https://bit.ly/4cENrSZ ⏳ In recent dissents, Justice Nagarathna and Trivedi have raised concerns over smaller benches playing a role in overturning decisions by older, larger benches. What is the top court's jurisprudence on smaller benches overruling or casting a doubt on larger benches? Read here: https://bit.ly/3XihMm2 🕵🏼 In September, the Court is expected to hear arguments in a suit filed by West Bengal challenging the CBI's jurisdiction to investigate in the state, six years after WB withdrew its "general consent": https://bit.ly/3Z1or59

☀️Good Morning! 💎 On 14 August, the Court held that its judgement on states' power to tax mineral land would apply retrospectively. State governments can levy taxes on transactions since 1 April 2005. The arrears of mining companies are expected to amount to Rs. 1.5 trillion. 💰 In SCO’s latest commentary, Advocate M. Jannani writes that the decision could have an adverse economic impact, increase future litigation, lead to a slump in mining activities and result in unhealthy competition between states. https://bit.ly/3AHDPKc 🎥 SCO’s video explainer breaks down the judgement and the Court's reasoning: https://bit.ly/471jGum 📱 In a hurry? Our 1-minute explainer on the case is here: https://bit.ly/3T15NXx

🌄 Good morning! 🏥 In a suo moto intervention in the R.G. Kar Medical College rape and murder case, the Supreme Court has literally and metaphorically sent a message: “We are here.” It may be cynical to view the Court’s intervention as an optics game. More in our newsletter: https://bit.ly/475xrZk 🪙 The retrospective application of states' taxing power on mines and minerals could result in a slump in mining activity, drain foreign exchange reserves, and cause a ripple effect on power tariffs. What are the other expected fallouts? M. Jannani writes: https://bit.ly/3AHDPKc ✍️ Last week, the Collegium recommended the appointment of three advocates as judges of the Delhi High Court. How does the Collegium work? SCO explains: https://bit.ly/4dx4lE1

🌿 Good Morning! 📰 *News from the Court:* 🏥 Yesterday, the top court reviewed the CBI's status report of its investigation of the RG Kar Hospital rape and murder case. The Court also urged doctors who were on strike to return to work, directing that no coercive action be taken against them: https://bit.ly/4cAZPne 📣 *New Commentary Alert* 📃 On 1 August, the Court upheld the validity of sub-classification within SC/ST categories. In SCO's latest commentary, Dr. Anup Surendranath writes that while the decision settles doubts around the 'efficiency' concerns in Article 335, its observations on categorisation methodology and creamy layer exclusion raise several questions: https://bit.ly/47ey6rv

🍃 Good Morning! 🏛️ Today, the top court will continue to hear the suo moto case concerning the R.G. Kar Medical College rape and murder incident. 🏥 In the last hearing, the Court set up a National Task Force to formulate a protocol for doctor safety and directed the CBI to submit a status report of its investigation by today: https://bit.ly/3SZ6VL7 📃 On 20 August, the Court, in a suo moto matter, held that consensual relationships are not an exception to the POSCO Act. The Court also censured the Calcutta HC for its observation that adolescent girls should curb their "sexual urges." https://bit.ly/3yMVbVf 🚚 Yesterday, a 5-judge bench reserved judgement on whether persons with a light motor vehicle licence can drive transport vehicles: https://bit.ly/3Az2SyQ

🪴 Good Morning! 🛻 Today, a five-judge bench will hear a case to decide if holders of a light motor vehicle license can drive a transport vehicle. In April, the Union had submitted a note on proposed amendments to the Motor Vehicles Act: https://bit.ly/3UkFqwP 🏥 Yesterday, the Court set up a National Task Force to formulate a protocol for the protection of medical professionals in the aftermath of the R.G. Kar Medical College rape and murder case. The Court had taken suo moto cognisance of the matter despite it pending before the Calcutta HC: https://bit.ly/3SZ6VL7 🪨 Last week, a nine-judge bench clarified that its judgement affirming states' power to tax mines and minerals would apply retrospectively. We summarise the Order: https://bit.ly/4cypDQI

☕️ Good Morning. ✍🏽 Today the Supreme Court will hear the matter on R.G. Kar Medical College rape and murder. It took Suo Moto cognisance of the case, that is, decided to hear the issue on its own volition, without a party approaching the Court. SCO explains Suo Moto powers of the Court: https://bit.ly/4dx4lE1 🪑 A three-judge bench presided by CJI D.Y. Chandrachud will hear the case. Petitions related to the incident are also being heard in the Calcutta High Court. Last week, the HC transferred the probe from the Kolkata Police to the CBI. 📧 Have you subscribed to SCO Desk Briefs yet? Subscribe now to receive newsletters on fascinating stories on burning issues at the top court, straight to your inbox. https://bit.ly/3L1msWU

☕ Good Morning! 📈 On 8 July 2024, the Supreme Court returned to action after a seven-week summer break. More cases were instituted in the Court in July than any other month so far this year. 📉 July was also the month that the Court disposed of most cases, reducing overall pendency by over 900 cases. Our report is here: https://bit.ly/3YKNQQH 🗓️ Read about all the other highlights from last month in our July Monthly Review: https://bit.ly/3yVhqIu 🏛️ As part of our special series celebrating the Supreme Court’s 75th year, we put together a brief introduction to the first eight judges of the Court: https://bit.ly/3WKC1Y3 📜 Other articles in our special series are here: https://bit.ly/46SHAID

🍁 Good morning! 🕰 On Wednesday, a nine-judge bench clarified that its decision upholding states’ power to tax mines and minerals will operate retrospectively. 💸 The Court held that tax could be levied on transactions after 1 April 2005. Even though interest and penalties will not be applicable, public and private mining companies are staring at a cumulative tax bill of about Rs 2 lakh crore: https://bit.ly/4dFw6KC 🏛️ On Wednesday, the top Court also refused to grant interim bail to Delhi Chief Minister Arvind Kejriwal in his arrest by the CBI in the Delhi Liquor Policy Scam. Kejriwal's counsel argued that the CBI's arrest was an "insurance arrest." Read here: https://bit.ly/3yGcCqn

🇮🇳 Happy 78th Independence Day! 🗂️ As a part of our special series celebrating 75 years of the Supreme Court of India, we published a story on the evolution of Public Interest Litigation jurisprudence since it was conceived in the late 1970s. Does it still function as a tool for social justice? https://bit.ly/3Aps1Mo 🧑‍⚖️ We also published a story on the lives, interests, and careers of the first eight judges of the Court. Though the ensemble had things in common, their individual stories revealed many differences: https://bit.ly/3WKC1Y3 🏛️ Other articles in our special series tell stories about the Court and film, architecture and free speech. Read them all here: https://bit.ly/3xF6Ogi