Supreme Court Observer

☀️ Good Morning! ⚖️ Today, the Union will begin arguments in support of the abrogation of Article 370. Yesterday 8 counsels argued about Jammu and Kashmir's special status, its federal structure and its permanent presence in the Indian Constitution. This concluded petitioners’ arguments after nine days of hearings. More: https://bit.ly/45nneFI 📋 Want a quick snapshot of all arguments made by petitioners so far? SCO’s argument matrix provides the key submissions: https://bit.ly/45IKLAD ⛓️Today, the Supreme Court is expected to conclude hearing arguments in the *challenge to the remission* granted to Bilkis Bano gang rape convicts. Previously, ASG S.V. Raju argued that the early release was valid after a straightforward application of the 1992 Gujarat Remission Policy: https://bit.ly/45CNfAH

☀️ Good Morning! 📖 On the 8th day of hearings in the challenge to the *abrogation of Art. 370* yesterday, the Bench heard arguments from 4 senior counsels. One argued that Art.370 was a constitutional promise made to the Muslims in Kashmir, and could not be breached. Petitioners will finish arguments today. Report on Day 8 of hearings here: https://bit.ly/3QRmowM 🔏 On August 11, 2023, the President of India granted assent to the highly anticipated Digital Personal Data Protection Act, 2023. SCO curates five aritcles that cast a critical eye on this Act here: https://bit.ly/3qFeE68 📩 Chief Justice D.Y. Chandrachud has announced several new plans to digitise the court and streamline processes. But these reforms come with growing pains for lawyers. SCO’s latest desk brief discusses the Court’s move towards modernisation. https://bit.ly/3P6CSj8 📳 We will be live tweeting the Article 370 hearings. Follow us on twitter for live updates now! https://bit.ly/45e8Mzk

☀️ Good Morning! 📖 The Supreme Court will continue to hear the Article 370 case today. 5-Judges will hear the last day of arguments from those challenging the removal of special status granted to Jammu and Kashmir. Read about the hearings so far here: https://bit.ly/3DXzGQD 💻 The live streamed Article 370 hearings have become a useful platform for the Chief Justice to announce some important changes in the functioning of the Court. He has announced plans of digitising the court, streamlining processes and creating an inclusive space for all. But these reforms seem to be followed by some growing pains for lawyers and litigants. SCO’s latest desk brief talks about the Court’s move towards modernisation. https://bit.ly/3P6CSj8 📄 Yesterday the Court reviewed 3 reports of the expert committee tasked with violence mitigation in Manipur, which is looking into relief measures, rehabilitation, compensation, relief camps, and restoration of homes and religious sites in the state. They suggested that compensation procedures require drastic improvement, and that local officers were needed to tend to the needs of the affected people. More https://bit.ly/3QORNQ9

☀️ Good Morning! 🔍 Today, the Supreme Court will continue hearings in the Manipur Violence Case. The top Court has actively monitored investigations and the humanitarian crisis of the violence. In the last hearing, the Court set up oversight mechanisms to supervise violence mitigation in Manipur. More: https://bit.ly/3DMbGjf ♀️ The _Handbook for Combating Gender Stereotypes_ published by the Supreme Court acknowledges that ‘stereotypical language’ reinforces ideas contrary to constitutional ethos. But is the law on the same page? More: https://bit.ly/45xObGv 📖 _"Article 370 constitutionally linked J&K to India. Striking it down would sever Jammu and Kashmir from India constitutionally"_ writes Kashmiri Journalist Anuradha Bhasin in her book _‘A Dismantled State’_. She argues that the terms of J&K’s Instrument of Accession were compromised by the abrogation of Article 370. Read excerpts here: https://bit.ly/47Dr4fq

🌅 Good Morning! 📖 _‘A Dismantled State’_ is a book by Kashmiri Journalist Anuradha Bhasin. She argues that the terms of J&K’s Instrument of Accession were compromised by the abrogation of Article 370. Read excerpts of the book here: https://bit.ly/47Dr4fq ⚖️ Yesterday, on the 7th day of hearings in the challenge to the abrogation of Article 370, Senior Advocates Dushyant Dave, Shekhar Naphade and Dinesh Dwivedi highlighted the adverse consequences of the abrogation and asserted that it breached constitutional values. Watch highlights of the hearing here: https://bit.ly/44eoc5N 📄 Prefer to read? Here's a detailed report: https://bit.ly/3OG5Xk1 ⛓️ Yesterday, the top Court also heard arguments from ASG S.V. Raju in the challenge to the early release of the convicts in the Bilkis Bano case. He argued that the remission was valid as per Gujarat's 1992 Remission Policy.

☀️ Good Morning! 📖 Yesterday, on the 6th day of hearings in the challenge to the abrogation of Article 370, Sr. Adv. Rajeev Dhavan argued that President’s rule was not absolute, and could not be used to take away the autonomy of a state. Watch SCO’s video explainer here: https://youtu.be/7xllxxWjUN8 Prefer to read? Our detailed hearing report is here: https://bit.ly/3YFLikT Over the 6 days of hearings so far, petitioners have argued that Article 370 could only have been removed by Jammu and Kashmir’s Constituent Assembly; that the Union cannot usurp power vested with the J&K government through an executive action; and that J&K’s accession to India was conditional on the state maintaining its autonomy, which the Union unconstitutionally removed in 2019. Reports on all days of the hearing so far here: https://bit.ly/3DXzGQD In her book titled _‘A Dismantled State’_ Kashmiri Journalist Anuradha Bhasin argued that the terms of J&K’s Instrument of Accession were compromised by the abrogation of Article 370. Read excerpts of the book here: https://bit.ly/47Dr4fq

☀️ Good Morning! 📖 Today, the Supreme Court will continue hearing arguments on the 6th day of hearings in the *challenge to abrogation of Article 370*. Previously, Sr. Adv. Zaffar Ahmad Shah argued that the autonomy of J&K was decimated by abrogating Art. 370. Read more: https://bit.ly/3quZ78X 🛜 We will be *live tweeting* the Article 370 hearings. Follow scobserver on twitter for live updates! https://bit.ly/45e8Mzk Visit www.scobserver.in to watch the Constitution Bench hearings live! 🏛️ On August 11th, 2023, the President gave assent to the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which repealed the controversial Government of National Capital Territory Of Delhi (Amendment) Ordinance, 2023. SCO examines the key difference between the Bill and the Ordinance. https://bit.ly/3qsSyUm

🌞 Good Morning! 🏛️ On August 12th, 2023, the President gave assent to the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, which repealed the controversial Government of National Capital Territory Of Delhi (Amendment) Ordinance, 2023. SCO examines the key difference between the Bill and the Ordinance. https://bit.ly/3qsSyUm 🗳️ Last week, Law Minister Arjun Ram Meghwal introduced a new Bill which proposes the formation of a 3-member committee comprising 2 Union-appointees and the Leader of the Opposition to nominate the Chief Election Commissioner and other Election Commissioners. Many argue that the Bill stands against the ‘spirit’ of a Supreme Court decision from March 2023 which set up a 3-member committee comprising the CJI, PM and Leader of Opposition to make recommendations for EC appointments. Summary of the decision here: https://bit.ly/3qkAg7W ✍️Thank you for following our daily updates. We'd love to hear from you about what you would like to read/ watch/listen to on the SC. Write to us at admin@scobserver.in.

☀️ Good Morning! 📖 5 Days of hearings in the *challenge to abrogation of Article 370* completed yesterday. Ser. Adv. Zaffar Ahmad Shah for the Bar Association of J&K argued that the autonomy of J&K was decimated by abrogating Art. 370. His arguments are explained in the latest episode of SCO Daily: https://youtu.be/d0Faw2Xk4S4 📜 Prefer to read? Here’s a detailed reprint of the day’s hearing: https://bit.ly/3quZ78X 💬 Yesterday hearings continued in the challenge to the early release of the convicts of Bilkis Bano 2002 gang rape. Sr. Adv. Indira Jaising, and Advs. Vrinda Grover, Aparna Bhatt, and Nizam Pasha argued that ‘public spirited’ individuals had all the rights to be party to this case. https://bit.ly/47oUWw7

☀️ Good Morning! 📖 Today, the Supreme Court will continue hearing arguments on the 5th day of the *challenge to abrogation of Article 370*. Yesterday, Sr. Adv. Gopal Subramanium argued that the Constituent Assembly of Jammu and Kashmir intended to retain Article 370 as permanent provision in the Indian Constitution. Read more: https://bit.ly/3Yq6dbv ⛓️ The Supreme Court will also hear arguments in the *challenge to the early release of convicts in the Bilkis Bano case.* Yesterday, Sr. Adv. Sidharth Luthra and Adv. Rishi Malhotra argued that third parties had no grounds to file PILs to challenge the remission granted to 11 convicts. Read more: https://bit.ly/3Ytu0ai 🛜 We will be *live tweeting* the Article 370 hearings. Follow scobserver on twitter for live updates! https://bit.ly/45e8Mzk Visit www.scobserver.in to watch the Constitution Bench hearings live!

🌅 Good Morning! 📖 Day 4 of hearings in the *challenge to the abrogation of Art. 370* will begin today, with Sr. Adv. Gopal Subramanium’s arguments. Yesterday, Sr. Adv. Kapil Sibal completed 3 days of arguments on why the Union had no power to repeal Article 370. Here's a report of the day: https://bit.ly/45hPiKi ⛓️ The Supreme Court will also resume hearings in the *challenge to the early release of convicts in the Bilkis Bano case.* Yesterday, Adv. Shobha Gupta argued that the process of their early release was ‘arbitrary’ and against public conscience. Yesterday's hearing report here: https://bit.ly/3s2OVF5 🛜 We will be *live tweeting* the Article 370 hearings. Follow scobserver on twitter for live updates! https://bit.ly/45e8Mzk Visit www.scobserver.in to watch the Constitution Bench hearings live!

☀️ Good Morning! 📖 The hearings in the *challenge to abrogation of Article 370* continue for a 3rd day today. The Court is hearing arguments against the removal of special status granted to Jammu and Kashmir. Visit www.scobserver.in to watch the hearings live! Read the case background here: https://bit.ly/3OtvLzG 🔍 Yesterday the Court set up independent oversight mechanisms to supervise the humanitarian crisis in Manipur. What is the Court’s plan for bringing the violence in Manipur under control? Read here: https://bit.ly/3DMbGjf ⚖️ After months of procedural delays the Court finally began to hear cases against the early release or remission of the convicts in the Bilkis Bano gang rape incident. What were the petitioner’s main arguments against early release? https://bit.ly/3OK2ceH ❕We will be live tweeting the Article 370 hearings. Follow scobserver on twitter for live updates now! https://bit.ly/45e8Mzk

☀️ Good Morning! 📰 Today, the Supreme Court will question the Director General of Police, Manipur on the investigation conducted by the Manipur Police of the ongoing violence in the State. Last week, the top court termed the investigation 'tardy and lethargic' More: https://bit.ly/3rWmbhf ⚖️ On Friday, the Supreme Court stayed Rahul Gandhi’s conviction for criminal defamation over the 'Modi surname' remark. A Trial Court had sentenced Gandhi with two years of imprisonment. This led to his disqualification from Parliament. Read the Court's reasons here: https://bit.ly/3YlRApy 🚨Last week, a Constitution Bench heard arguements for two days in the *Challenge to the Abrogation of Article 370*. With more arguments expected this week, catch up with everything that has happened so far with our comprehensive hearing reports. Day 1: https://bit.ly/3rY0oFZ Day 2: https://bit.ly/45idcWd

🌅 Good Morning! ⚖️ Today, a Bench led by Justice B.R. Gavai is expected to hear Rahul Gandhi's appeal against a Gujarat High Court judgement. The Gujarat HC refused to stay his conviction for defamation over the 'Modi surname' remark made in 2019. The story so far: https://bit.ly/3Dp70zx 📃 In Day 2 of the hearings on the abrogation of Article 370, Sr. Adv. Kapil Sibal argued that the work of a *constituent assembly* was a political exercise. A law making body such as a *legislative assembly* could never assume the powers of the former. By changing the meaning of a constituent assembly to mean legislative assembly in order to abrogate Article 370, the Union of India breached a constitutional framework, he argued. A comprehensive report of Day 2 here: https://bit.ly/45idcWd 📩 Did you know that SCO has weekly newsletters? Our Desk Briefs cuts through the clutter and tells the most important stories from the court in the simplest way. Subscribe now: bit.ly/429Yyye

☀️ Good Morning! 📖 The hearings in the *challenge to abrogation of Article 370* began yesterday, with arguments from Sr. Adv. Kapil Sibal. His key contention was that Article 370 was a permanent provision of the Constitution which only the Constituent Assembly of Jammu and Kashmir could repeal. With the the dissolution of the Assembly in 1957, Art. 370 could no longer be removed—by parliament or any other institution. Watch SCO’s video explainer of the day here: https://youtu.be/4DCx3t8m86s 📜 Sibal further argued that the will of the people of Kashmir was always the core consideration of the constitution framers. Relying on historical documents, Sibal explained that the Maharaja of J&K agreed to accede to India with clear conditions that the aspirations of his people would also be taken into account. Read the report of the day here: https://bit.ly/3rY0oFZ 💬 SCO live tweeted the hearings with contextual background and resources. You can follow the live thread here! https://bit.ly/43RipTB ❕Make sure to follow scobserver on twitter for live updates on the hearing. Follow now! https://bit.ly/45e8Mzk

☀️ Good Morning! Today the Supreme Court will begin hearing the much awaited challenge to the *abrogation of Article 370*. 🏞️ The 5-Judge Constitution Bench will be led by CJI D.Y. Chandrachud with Justices S.K. Kaul, Sanjiv Khanna, B.R. Gavai and Surya Kant. They will decide the constitutionality of two presidential orders that stripped Jammu and Kashmir of its special status. Catch up with the story so far: https://bit.ly/3OF9JeP 📜 Article 370 was introduced in the Constitution after an agreement between the ruler of Jammu and Kashmir, Maharaja Hari Singh and the Government of India. SCO’s timeline tracks the sequence of events from 1947 to present day: https://bit.ly/3KmOcoA 📰 Yesterday, the Manipur Government submitted a status report stating that a total of 6,523 FIRs were registered in the State since the violence began. The report claimed that only 11 FIRs among these have to do with offences against women and children. The Court directed the Manipur Gov to provide details of all FIRs in a clear tabular format to get a realistic picture of all serious offences. Follow https://www.scobserver.in for updates!

🌅 Good Morning! 🗓️ After six weeks of summer vacation, the Supreme Court returned to a busy month in July. With the appointment of two new judges, the top Court commenced hearing many important cases and resumed Constitution Bench activity in full swing. Read the highlights of July, 2023 here: https://bit.ly/3Yi6LzO 📊 In the first six months of 2013, Constitution Benches assembled 55 times. The pendency of Constitution Benches also saw a drop. But, none of them were seven and nine-judge Benches. Read more here: https://bit.ly/45a00Tg 🏞️ Tomorrow, a Constitution Bench of the Supreme Court comprising five of its seniormost Judges will begin hearing the challenge to the abrogation of Art. 370. As the Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance. More: https://bit.ly/44OWY6V 🚨 Stay tuned to SCO for all the latest updates from the Article 370 hearings!

☀️ Good Morning! 🇮🇳 This week the Supreme Court will begin hearings in the much delayed and much awaited challenge to *the abrogation of Article 370 of the Constitution*. Article 370 gave special status to Jammu & Kashmir. Read SCO’s explainer on the story so far: https://bit.ly/3rSVMkr 📄 Today the Supreme Court will hear the Union’s request to transfer the trial of the accused persons in the Manipur sexual assault case to another state. They will also request the Court to ensure that the trial is completed in 6 months. Follow https://www.scobserver.in for updates! 📧 Over the weekend, SCO sent out our newsletter explaining why the Supreme Court challenge on repeal of 370 matters to the people of Kashmir and India. Have you subscribed to SCO weekly newsletters yet? Subscribe now! https://bit.ly/46OXyTB

☀️ Good Morning! 🧑‍⚖️ Yesterday, a special bench of the Supreme Court extended ED Director Sanjay Kumar Mishra's tenure till September 15, 2023. This comes after the Union requested his extension in light of an upcoming review by the Financial Action Task Force (FATF), a global money laundering watchdog. However, parties opposing his extension found the Union's request to be an abuse of the Court's process. More: https://bit.ly/3OaZspg 📜 On July 11th, the same bench pronounced a Judgement stating that repeated extensions to Sanjay Kumar Mishra’s tenure were illegal. The Union Government was granted time till July 31, 2023, to find a new Director of the ED. Read the judgement summary here: https://bit.ly/3OwwIbW 📉 In the past, the Supreme Court has seen a lack of Constitution Bench activity. Refreshingly, this year, the Court heard and decided several five-Judge Constitution Bench (CB) cases, leading to a drop in CB pendency by 10 cases. This may be the highest CB activity the top Court has seen in a decade. Read more: https://bit.ly/43H4sHY

🌞 Good Morning! 📉 In the past, the Supreme Court has seen a lack of Constitution Bench activity. Refreshingly, this year, the Court heard and decided several five-Judge Constitution Bench (CB) cases, leading to a drop in CB pendency by 10 cases. This may be the highest CB activity the top Court has seen in a decade. Read more: https://bit.ly/43H4sHY 👮‍♂️Today, the Supreme Court is expected to hear an application by the Union seeking to extend the tenure of the incumbent ED Director Mr. Sanjay Mishra. A recent judgement of the Court stated that repeated extensions of Mishra’s tenure were illegal. The Court had directed that he may continue till July 31, 2023, to give the Union time to find an appropriate replacement. Read the judgement summary here: https://bit.ly/3OwwIbW ⚖️ Last week, the Supreme Court referred the challenge to an Ordinance—which seized control of 'services' from the Delhi Gov—to a 5-Judge Bench. The Bench referred the question of whether the Union, while making laws supplementary to the special provisions that govern the NCT, can indirectly amend the Constitution. More: https://bit.ly/3NYMdHS