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☀️ Good Morning! Here are SCO’s must-reads for the day.
👩🏾⚖️ Yesterday, the _Indian Express_ reported that 2 members of the SC Collegium have refused to approve the appointment of four new SC Judges as there were no in-person deliberations. Reportedly, CJI U.U. Lalit circulated a written note and invited comments on the potential recommendations, in a move away from the typical in-person meeting of the Collegium. The 2 collegium members objected to having a Collegium meeting conducted by ‘circulation’. This is a rare glimpse into the procedural aspects of judicial appointments. Collegium deliberations are often opaque as the SC only announces recommendations without explaining how the decision was arrived at. Read more on the lack of clarity in the Collegium system. (https://bit.ly/3SRiYYq)
📑 The Dussehra vacation has offered a break to the rapid pace of Constitution Bench formation and hearings during CJI Lalit’s tenure. The hearings for many Constitution Bench cases have now concluded and the Court is expected to deliver Judgments in 3 cases. This includes the question of the SC’s powers to grant divorce for parties that directly approach them, the validity of economic reservations, and the All India Bar Exam. Some of these decisions could come after the vacation as Judges often claim that vacation time is used to write Judgments. SCO takes a look at the numbers behind this claim. (https://bit.ly/3EfRJCQ)
📹 SCO is on YouTube! Subscribe to receive daily updates on the Supreme Court. (https://bit.ly/3LNNiRk)
☀️Good morning! With September gone by, it’s time to take stock of the Supreme Court last month.
📊 With CJI Lalit taking charge of the Supreme Court, sweeping structural changes were made in the Court’s functioning. These include a new listing system for cases, prioritising older pending cases and the formation of 6 Constitution Benches. CJI Lalit declared that his focus would on optimising Court efficiency, but what has been the impact of these changes so far? Read more to find out: (https://bit.ly/3rr5UgP)
📺 In his first month as the Chief Justice, CJI Lalit implemented several changes to tackle the SC’s mammoth pendency problem. At the end of the month, the Court looked almost unrecognisable in many radical ways. Here are 4 ways adopted by CJI Lalit to tackle pendency: (https://bit.ly/3C5BANv)
📩 Have you subscribed to SCO Desk Briefs yet? We send discussions on the most important developments at the Supreme Court straight to your inbox. Sign up here! (https://bit.ly/3ruI7fO)
☀️Good morning! Here are SCO's must-reads for the day.
👨🏻⚖CJI U. U. Lalit completed a month at the helm of affairs at the Supreme Court last week. In this month, CJI Lalit has made sweeping structural changes and has committed the Court to prioritise its function as interpretor of the constitution. What are these changes? https://bit.ly/3M1Vca3
⏪CJI Lalit's tenure so far stands in stark contrast to his predecessor CJI Ramana's time in office. CJI Ramana's was a tenure marked by COVID concerns, a long silence on crucial cases and soaring pendency. Read more about CJI Ramana's tenure here. https://bit.ly/3fzc8sf
📱 If you like our daily updates on the Supreme Court, tell a friend about us and ask them to subscribe as well! (https://bit.ly/3dUVEuh)
☀️Good Morning and Happy Saturday! Here’s a list of platforms where you can find SCO’s simple and direct reporting on the SC.
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If you’re the kind of person that wants to sit back on a Sunday morning and read a crisp newsletter on the highlight of the week, SCO Desk Briefs are for you. This weekly newsletter cuts through the clutter and tells our 10.5k subscribers the full story in the simplest way. https://bit.ly/3SMjxml
Thank you for following our daily updates, and for being an engaged, interested community of readers. We’d love to hear from you on what you would like to read/watch/listen to on the SC. Write to us at admin@scobserver.in. Hear from you soon!
☀️ Good morning! Here are SCO’s must reads for the day.
🗓️ Yesterday, a Bench led by Justice Chandrachud held that unmarried women have the same right as married women to undergo abortion procedures after 20 to 24 weeks since conception, even if the pregnancy arises out of a consensual relationship. What has been the Supreme Court's approach to abortion laws in the past ? ( https://bit.ly/3dV5CM6)
👥 91-year old Senior Advocate K.K. Venugopal, who has served 5 years as India's Attorney General (AG), is due to demit the office today. The Union Government has appointed Senior Advocate R. Venkatramani as the next AG. What is the role of the AG? Does he defend the Constitution or the Union? (https://bit.ly/3LTPCXd)
📚 Yesterday, a Constitution Bench led by Justice Sanjay Kishan Kaul concluded hearings in the case to decide if a married couple can directly approach the Supreme Court for a divorce, without any directions from a lower court beforehand. The Court will also decide the scope of its powers when one of the parties does not consent to the divorce. Read SCO’s background of the case. (https://bit.ly/3dOILlo)
SCO is on YouTube! Subscribe to receive daily updates on the Supreme Court. (https://bit.ly/3LNNiRk)
☀️ Good morning! The rapid increase in major Constitution Bench developments at the Supreme Court continued yesterday.
🗓️ Yesterday, the Constitution Bench led by Justice Abdul Nazeer sat for the first time to decide how to proceed with two possibly outdated cases from 2016. The first is the challenge to the Union’s 2016 demonetisation policy. In the second case, the Bench will decide if specific restrictions should be placed on the freedom of speech of public officials. With new notes in circulation and MLA Azam Khan apologising for his comments that gave rise to the second case, Justice Nazeer wondered if there were any issues left for the Court to consider in either case. Watch SCO’s Daily Update to find out more. (https://bit.ly/3fuSIof)
📣 Later in the evening, the SC announced that a new 5-Judge Constitution Bench led by Justice K.M. Joseph would be formed. This is the fifth Constitution Bench to begin hearings during CJI Lalit’s 2.5-month tenure. Following this announcement, 25 of the 29 sitting Judges at the Court are currently part of a Constitution Bench. The Bench led by K.M. Joseph will sit today and is expected to schedule hearings for cases listed before it. What are the cases this Bench will hear? List here: (https://bit.ly/3Sp9dRm)
📖 Yesterday, the Constitution Bench led by Justice S.K. Kaul wrapped up the hearings after 2 days in the challenge to the All India Bar Examination conducted by the Bar Council of India. The Bench immediately moved on to the case where they will have to decide if a married couple can directly approach the Supreme Court for a divorce, without any directions from a lower court beforehand. The Court will also decide the scope of its powers when one of the parties does not consent to the divorce. Hearings will continue today. Read SCO’s background of the case. (https://bit.ly/3dOILlo)
☀️ Good morning! It's a historic day at the Supreme Court today!
🌐 For the first time ever, three Constitution Bench proceedings will be livestreamed to YouTube. Increasing transparency and public access, this move changes the way Indian citizens interact with the Supreme Court. SCO explains the Court's journey to the livestream since 2017 here. (https://bit.ly/3Svp3ti)
👥The CJI's Court will livestream the final day of hearings in the EWS reservations case today. Those challenging economic reservations will argue one last time as they respond to the Union's defence of the law. SCO's case archive provides a background of the case, key documents filed before the Court and reports of all hearings so far. (https://bit.ly/3LMxq1t)
👨🏻⚖Justice Chandrachud's Constitution Bench has two politically charged cases on its docket today. The Bench will hear the tussle between the Union and Delhi governments for control over Delhi's civil services. Maharashtra's political crisis spurred by the Shiv Sena split is also listed for hearing today. Read more here (https://bit.ly/3LPdStp) and here (https://bit.ly/3rbvZQK)
📚 Justice S.K. Kaul's Constitution Bench will begin hearing a case that lawyers are watching with close interest today—challenges to the compulsory All India Bar Exam. Lawyers argue that they should not be forced to take this Exam in order to practice, since they have already completed a law degree.
☀️ Good Morning! Here are SCO’s must reads for the day.
🧕🏽 The Hijab Ban hearing concluded last week and the Bench reserved Judgment. The case throws some critical questions on the right to religion and on which practices should be protected under this right. It also raises questions on the fundamental right to speech, expression, dignity and privacy. What will the Court focus on in its judgment? Watch SCO Weekly for a quick update for more. (https://bit.ly/3UP92AG)
📃 The Supreme Court will soon have an online RTI portal. Justice D.Y. Chandrachud was hearing a public interest litigation which pointed out that the SC had not created a portal despite being a ‘public authority’ under the Right to Information Act 2005. In 2020 and 2021, the SC received a total of 5,900 RTI applications. But how many does it actually consider? (https://bit.ly/3fkA3eJ)
👨🏻💼 Over the weekend, Mr. Mukul Rohatgi refused to be the next Attorney General of India. The Union government had offered him the position as the current AG Mr. K.K. Venugopal is due to retire on September 30th. This would have been Mr. Rohatgi’s second time as Attorney General. Read SCO’s comparison on the approaches of Mr. Rohatgi and the first Attorney General of India, Mr. M.C. Setalvad, and how they each defined the role of an AG. (https://bit.ly/3fiKWhg)
☀️Good morning and happy Saturday! It’s time to recap the highlights of the week:
🧕 *Hijab Ban*
The SC concluded hearing arguments in Karnataka _Hijab Ban_ case. On September 21st K’taka Adv. General P. Navadgi and Addl. Solicitor General K.M. Nataraj attempted to convince the Court that the Hijab Ban was a policy for equality and discipline. They remained adamant that the practice of wearing the hijab is not protected by the Constitution even in the face of the Bench’s extensive questioning. Read SCO’s report here: (https://bit.ly/3DQPl5u)
🪙 *EWS Reservations*
A Bench led by CJI Lalit continued to hear arguments in the EWS reservations case. On Wednesday, Attorney General K.K. Venugopal argued that the economic reservations were distinct from those for backward classes. According to him, the reservations were meant to tackle the overwhelming poverty in the country. (https://bit.ly/3R2em0k)
On Thursday, the Bench heard arguments defending economic reservations from Solicitor General Tushar Mehta, and Sr. Adv.s Niranjan Reddy and Vibha Makhija. Mr. Mehta argued that a high threshold must be met to strike down constitutional amendments. Ms. Makhija, on behalf of a potential beneficiary, presented teacher recruitment data before the Bench. (https://bit.ly/3UAeQxS)
👩⚖ *Justice Indira Banerjee’s Retirement*
Justice Indira Banerjee retired yesterday after serving a 4-year tenure at the Supreme Court. She leaves behind a legacy of 98 Judgments on a wide variety of subjects. She has also been a part 432 Benches including two Constitution Benches in 2019 and 2022. Let’s glance through her notable Judgments (https://bit.ly/3r0HbQ7) and tenure in numbers (https://bit.ly/3dBnCuD)
☀️Good morning! Today is Justice Indira Banerjee’s last day as a Supreme Court Judge.
✒️ During her 4 years at the SC, Justice Banerjee delivered Judgments on a wide variety of subjects and was part of two Constitution Benches. Her 98 Judgments at the SC were on rent, bail, employment, narcotics, and elections. SCO highlights Justice Banerjee’s notable Judgments: (https://bit.ly/3Uv6rvx)
📊 Justice Banerjee’s 4-year tenure falls short of the average SC Judge tenure of 5.26 years. How does Justice Banerjee’s tenure compare to other Judges of the SC? How many cases did she leave her mark on? SCO traces Justice Banerjee’s legacy in numbers: (https://bit.ly/3S7X7vN)
📃 In other news, a Bench led by CJI Lalit continued to hear the Union’s arguments supporting reservations for Economically Weaker Sections (EWS). Solicitor General Tushar Mehta argued that the 103rd Amendment, which introduced EWS reservations, did not violate the Constitution and therefore could not be struck down. Beneficiaries of EWS reservations argued that groups that benefit from existing reservations already had multiple avenues for representation in employment and education. Read SCO’s Report here: (https://bit.ly/3BvJuzq)
☀️ Good morning! After six days of final arguments, the SC is poised to complete hearings in the EWS Reservations case this week. Another constitutional challenge related to the income criteria for EWS reservations, however, is waiting in the wings. Both will likely be heard today.
👥 The Chief Justice's Constitution Bench will continue hearing Solicitor General Tushar Mehta argue in defence of the Union's 103th Constitutional Amendment today. This Amendment allows reservations on an economic criteria alone, excluding backward castes from claiming EWS reservations. How has the Union defended EWS reservations so far? (https://bit.ly/3fao3MN)
💰A Bench led by Justice Chandrachud will hear challenges to the Union's Rs. 8 lakh annual family income limit for EWS reservations. Medical students, challenging the use of this limit for reservations in NEET admissions, claim that the limit is arbitrary and too low. (https://bit.ly/3xJ5iXs)
🧕Justices Hemant Gupta and Sudhanshu Dhulia will complete hearings in the Hijab Ban case today. Yesterday, Justice Dhulia appeared unconvinced by the Union's unusual arguments on the right to free speech and expression. Read more (https://bit.ly/3xJ5iXs)
🔆Good Morning! Here are SCO’s must reads for the day.
As per a _Times of India_ report, the Supreme Court is set to live stream 5-Judge Constitution Bench hearings on YouTube next week. In Swapnil Tripathi v Union of India (2018) a 3-judge bench led by CJI Dipak Misra held that the Court should live telecast proceedings in cases of public importance. The Court appears to be fulfilling on its four year old promise. Read about the Supreme Court’s first live stream, conducted last month on the eve of Former CJI Ramana’s retirement. (https://bit.ly/3BvUqgv)
Hearings in the challenge to economic reservations will continue today. Yesterday, the Union government began arguments. Attorney General K.K. Venugopal argued that 10% EWS Reservation is independent does not fall under the 50% cap placed on reservations for backward classes. So, it does not violate the basic structure of the Constitution. Read more about arguments made yesterday (https://bit.ly/3LtPjlE).
The Union began arguments in the Hijab Ban too. Interestingly, the Bench commented that the Karnataka High Court should not have considered the Essential Religious Practices doctrine to determine the case. Instead, they should have looked into whether the Karnataka Government had the power to regulate dress codes, and if the ban violated the right to equality and free speech. Read more about the hearing here (https://bit.ly/3dBGMk1)
☀️ Good morning! Today, the Supreme Court is expected to finish hearing arguments from the petitioners in the challenges to Karnataka’s Hijab Ban and EWS Reservations. Additionally, the newest Constitution bench led by Justice Kaul will convene to decide how to hear a number of important cases.
🛕 Yesterday, in the Hijab Ban appeal, Senior Advocate Dushyant Dave argued that India had a rich ancient history of secularism and respecting religious rights. He then argued that the Constitution framers envisioned a secular nation that would not interfere with religious rights when they included the Freedom of Religion as a fundamental right. This led to an exchange between Justice Gupta and Mr. Dave on the relevance of the Constituent Assembly Debates in these kinds of cases. Read SCO’s report on the hearing (https://bit.ly/3xAUzOS)
👩🏾⚖️ Yesterday, the Constitution Bench led by Justice Banerjee delivered a Judgment, holding that a unanimous Judgment did not have more precedential value than a Judgment delivered by a Bench of the same strength where one or more Judges dissented. The Bench was originally meant to decide if sales tax can be imposed on Pan Masala and Gutka in Delhi when Tobacco products as a whole are exempt from taxation. Read about the first Constitution Bench Judgment delivered in over a year (https://bit.ly/3DzwKKP).
👨🏾⚖️ Yesterday a new Constitution Bench led by Justice S.K. Kaul was created. Today it will begin hearing a number of important pending cases on a variety of issues. The Bench will decide upon the validity of the All India Bar Exam, the extent of the SC’s power to directly hear cases, and deal with lingering issues surrounding the payment of compensation to Bhopal Gas Tragedy victims. The Bench will also hear a challenge to the power to excommunicate dissidents held by the leader of the Dawoodi Bohra Community and answer key questions about essential religious practices. Read SCO’s background of the case. (https://bit.ly/3QQ4arK)
☀️ Good morning! Petitioner arguments in the challenges to the Hijab Ban and EWS Reservations are set to finish early this week.
📑 In the EWS challenge, we heard the first sliver of Sr. Adv. Gopal Shankaranarayanan’s argument before the Constitution Bench led by CJI Lalit on Thursday (Sept 15th). On Tuesday, Mr. Shankaranarayanan will expand on his submission that economic reservations on the whole should not be frowned upon. However, parts of the 103rd Amendment, that grants EWS Reservations, violates the basic structure of the Constitution. Read SCO’s report on the last hearing. (https://bit.ly/3QT6vly)
👨🏾⚖️ In the last hearing in the challenge to the Hijab Ban, the Bench comprising Justices Hemant Gupta and Sudhanshu Dhulia restricted the petitioner lawyers to making arguments for 15 minutes each in their hurry to conclude hearings in this case. As a result, novel arguments like how the ban discriminates against Muslim women on intersectional lines were only heard briefly. Today, the Bench is expected to hear Sr. Adv. Dushyant Dave’s submissions, who refused to abide by the Bench’s 15-minute restriction. Read SCO’s Report on the last hearing. (https://bit.ly/3xyUTxh)
🗳️ In other news, this week the Supreme Court is expected to begin hearing the challenge to the Union government’s electoral bond scheme. The scheme allows anonymous donations from individuals and corporations to political parties with no upper limit on the amount. The Association for Democratic Reforms challenged the scheme in 2018. Read SCO’s background of the case. (https://bit.ly/3RSibqg)
🔆Good Morning! Hearings in the challenges to Reservations based on economic criteria and the Hijab ban continued yesterday. The Judges in both cases appeared keen to finish hearings swiftly, and repeatedly reminded counsels to only make novel arguments.
💰 In the EWS challenge, 11 counsels argued through the day against the 103rd Constitutional Amendment. They argued that reservations based solely on an economic criteria breached the Right to Equality—a basic, unchangeable feature of the Constitution. SCO reported on the hearings here (https://bit.ly/3RMBvVV).
🧕🏽 In the Hijab Ban hearings, counsels argued that that the Muslim women faced intersectional discrimination. This means that women were discriminated on two crucial parts of their identity—their religion and gender. They argued that by making access to education contingent on not wearing the Hijab, women students were forced to ‘barter’ two fundamental rights—their right to religion for education. SCO’s report is available here (https://bit.ly/3Ll1WPL)
🎥 Did you know that SCO’s on YouTube? Subscribe now, to receive short daily video updates on the Supreme Court. (https://bit.ly/3ROVra4)
🔆 Good Morning! Here’s a list of SCO’s must-reads for what is to come at the SC this week.
👨🏾⚖A Bench led by CJI Lalit will hear the constitutional challenge to the controversial Citizenship Amendment Act today. The CAA makes illegal migrants eligible for citizenship if they (a) belong to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian community and (b) are from Afghanistan, Bangladesh or Pakistan. It only applies to migrants who entered India on or before December 31st, 2014. Viewed in combination with the all-India National Register of Citizens, the CAA has the potential to deprive many Muslims residing in India of full citizenship. The challenge to the Act was last heard in 2020. Read SCO’s case background for the whole story. (https://bit.ly/3Dhgdej)
🧕🏾The Hijab hearings are listed to be heard all week. Last week, advocates arguing for Muslim students who challenged the ban stated that the case involved large constitutional questions on how the right to education and religion would apply to these students. Another lawyer argued that wearing the hijab was an essential practice in Islam, something the Karnataka High Court overlooked. This week, Senior Advocate Salman Khurshid is scheduled to begin his arguments. Read the reports of all the hearings so far! (https://bit.ly/3Di40pV)
📃 228 PILs are listed for hearing before the Supreme Court tomorrow. PILs or Public Interest Litigations are filed when citizens believe that an issue, that does not necessarily affect them directly, needs to be addressed by the Court. PILs have drastically increased in the last few decades. Read SCO’s quantitative analysis of the number of PILs filed since 1985. (https://bit.ly/3eLxcvq)
☀️ Good morning! In the last week, the Supreme Court heard arguments on the hijab ban, EWS reservations and selection process rules for public appointments. Here are the highlights in a quick video update!
https://youtu.be/YVLTAQBGZ4k
🧕 *Hijab Ban Appeal*
On Monday, the SC heard arguments claiming that the hijab ban denied Muslim students' right to education. Sr. Adv. Sanjay Hegde, before Justices Hemant Gupta and Sudhanshu Dhulia, argued that the case did not need to be referred to a Constitution Bench. It could be decided within the confines of the Karnataka Education Act, 1983. He argued that the State did not have the power to prescribe uniform to students under this Act. Read SCO’s Hearing Report for more: (https://bit.ly/3qwAIfq)
On Thursday, the Bench heard arguments from Sr. Adv. Devadatt Kamat and Adv. Nizam Pasha. Mr. Kamat tried to convince the Court to refer the case to a Constitution Bench. Claiming that wearing the hijab was a religious practice, he argued that the Karnataka government did not justify the restriction on wearing hijab on the constitutionally prescribed grounds of public order, health, morality or violation of others’ fundamental rights. Mr. Nizam Pasha argued that the Hijab was an essential religious practice in Islam. Read SCO’s Hearing Report for more: (https://bit.ly/3B3Z0Cz)
📃 *‘Changing the Rules’ in Selection Process to Public Appointment*
On September 6th, a 5-Judge Bench led by Justice Indira Banerjee heard arguments on whether the rules in selection processes for public appointments can be changed after the selection process has started. Read more: (https://bit.ly/3D9VR6Z)
🏛️ *EWS Reservations*
On September 8th, a 5-Judge Bench led by CJI U.U. Lalit decided the issues to consider in the challenge to reservations solely based on economic criteria, under the 103rd Constitutional Amendment. The Court will decide if reservations can be granted solely on the basis of economic criteria, if States can provide reservations in private unaided educational institutions, and if EWS reservations are invalid for excluding SC/STs, OBCs and Socially and Economically Backward Classes from its scope. Read more: (https://bit.ly/3L63H3h)
We’re now on YouTube! Follow us for short daily video updates: (https://bit.ly/3ROVra4)
☀️ Good morning! As has been the case since Chief Justice U.U. Lalit was placed at the helm of the Supreme Court, Constitution Benches were the name of the game yesterday.
🏫 A Bench comprising Justices Hemant Gupta and Sudhanshu Dhulia continued to hear Senior Advocate Devadatt Kamat’s arguments on why the challenge to the Karnataka High Court’s order upholding the Hijab Ban in the State should be referred to a Constitution Bench. He argued that the Karnataka government’s order did not satisfy any of the constitutional requirements to justify the restrictions on Muslim students’ freedom of religion. Read SCO’s report on Mr. Kamat’s arguments from yesterday morning. (https://bit.ly/3B0rux9)
🪙 A Constitution Bench led by CJI Lalit heard arguments in the challenge to the Constitution (One-Hundred and Third) Amendment Act, 2019 yesterday. This Amendment allows States to provide reservations based solely on economic criteria. The Bench framed the issues the Court will have to decide upon based on the submissions made by Attorney General K.K. Venugopal. Read SCO’s report detailing the issues framed along with the submissions from the petitioners. (https://bit.ly/3QtivKx)
🛕 Looking slightly ahead, today a Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala is expected to hear BJP spokesperson Ashwini Kumar Upadhyay’s challenge to the Places of Worship Act, 1991. Mr. Upadhyay claims that the Act does not allow communities to restore places of worship that may have had their religious character changed before 1947. He argues that this violates the Freedom of Religion of Hindus, Sikhs, Jains, and Buddhists. Read SCO’s background of the case. (https://bit.ly/3d0X31M)
🔆 Good Morning! A Bench comprising Justices Hemant Gupta & Sudhanshu Dhulia presided over the second day of hearings in the Hijab Ban case yesterday. Read SCO’s profiles of Justices Gupta (https://bit.ly/3cTDQz3 ), and Dhulia (https://bit.ly/3cPM0sl).
👨🏻⚖️ You may have read about the Bench’s mocking comments about ‘the right to undress’. But what were the crucial points made in Court about students' rights yesterday?
🪑 Senior Advocate Mr. Devadatt Kamat, arguing for the petitioners, tried to convince the Court to refer the case to a Constitution Bench. He stressed that this case was important as it was not just about whether the Karnataka Government could make laws on uniforms and dress codes. It involved constitutional questions about making reasonable accommodations for religious practices in educational institutions.
📖 Mr. Kamat argued that the SC has recognised a right to education under Articles 19 and 21 of the Constitution of India, 1950. The State has the responsibility to accommodate citizens' diverse needs and beliefs so they can exercise this right. He argued that students in Karnataka were asking to _add_ a headscarf to their uniform—not to cover the uniform with a hijab altogether. This was a reasonable accommodation that the state government must allow.
The Hijab Ban hearing will continue today.
🌿 In other updates, for the first time, a 5-Judge Constitution Bench led by Justice D.Y. Chandrachud, called itself a ‘Green Bench’ and decided to go completely paperless. Lawyers were directed to file all paper books and documents digitally.
📄 This Bench will hear two politically charged cases in October—the tussle between the Union and Delhi governments for control over the capital’s civil servants (https://bit.ly/3qeIMl0), and the Maharashtra political crisis (https://bit.ly/3BlS2KI).
☀️ Good morning! the Supreme Court has a busy day ahead of it today. Here’s a list of cases we can expect to be heard.
🚶🏽 *Maharashtra Defection*
The newly formed 5-Judge Constitution Bench led by Justice Chandrachud will hear the various questions on disqualification of members, Speaker's powers, floor tests and most crucially, how splits and mergers of parties are to be interpreted as per the 10th Schedule of the Constitution. (https://bit.ly/3BlS2KI).
📄 *Assam’s National Register of Citizens (NRC)*
The same Bench will hear updates on Assam's NRC, which it has been monitoring since 2013. In 2018, the Court had directed authorities to refrain from taking coercive action against the 4 million people, whose names were not included in the NRC. In 2019, a final NRC list was published. 19,06,657 out of the 3,30,27,661 applicants were excluded from the list of citizens. (https://bit.ly/3KQd47h)
🌆 *The Lieutenant Governor and the NCT Delhi*
A 3-Judge Bench will hear the tussle between the Union and Delhi governments for control over the capital’s civil servants. SCO’s case background explains the clash for power here (https://bit.ly/3qeIMl0).
💰 *EWS Reservation in Postgraduate Medical Admissions*
The SC is deciding the validity of the Rs. 8 lakhs income limit to asses economic backwardness, for EWS reservations in PG NEET exams. The Court is expected to hear substantial arguments today. SCO’s case background traces the whole story. (https://bit.ly/3D2Cug7)
✈️ *Constitutional Rights of Overseas Citizens (OCIs) of India*
The SC is deciding a petition filed group of 80 OCIs challenging Section 7D which allows the Government to revoke the OCI status of a person for expressing disaffection towards the Constitution, or in the interest of sovereignty and integrity of India. SCO’s latest report on the hearings in the case is available here (https://bit.ly/3RIS9VZ).
👪 *Challenge to Restitution of Conjugal Rights*
The SC will begin hearings in the challenge to various 'restitution of conjugal rights' provisions under codified family laws. The laws state that that the District Court may order a spouse who has withdrawn from their partner, to return to the marital home and satisfy the ‘marital’ rights of the other spouse. Read SCO’s detailed and simple explanation here (https://bit.ly/3egPe8i).
🧕🏽 *Hijab Ban*
The Court will continue to hear arguments in the appeal against the Karnataka HC’s Judgment that upheld the hijab ban in government institutions in the State. Read SCO’s report of the latest hearing here (https://bit.ly/3x22HHz).
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