Supreme Court Observer

🌅 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

🌅 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.