Supreme Court Observer

🌳 Good morning! 👆Today, a Division Bench will issue directions in a plea seeking 100% vote verifications through VVPATs to cross-check votes cast through EVMs: https://bit.ly/3Ug8BzR 1️⃣ Last week, the Association for Democratic Reforms, the lead petitioner, argued that the verification would ensure transparency for the voter in a close-ended voting system. They alleged instances of vote tampering and data discrepancies: https://bit.ly/3JraDYE 2️⃣ The Election Commission of India responded that ADR’s submissions were “baseless”. They claimed that there is no scope for tampering as there were proper checks and balances at every level: https://bit.ly/4cVp5ps

🌇 Good Morning! 🏛️ Today, a 9-judge bench will assemble to hear one of the oldest pending cases before the Supreme Court. It concerns the nature of private property. 📖 *Article 39(b)* of the Constitution obligates the State to frame policies to ensure that the “ownership and control of material resources of the community” are distributed to “subserve the common good.” 📃 Relying on this provision, in 1986, the Maharashtra government had justified the acquisition of “cessed” properties in Mumbai for welfare purposes. ⁉️ *_Does “material resources of the community” include private property?_* 📰 Stay tuned to SCO's coverage to find out! For a comprehensive history of the case, read our case background: https://bit.ly/3JuHwUp

🪴 Good morning! 👆Yesterday, a Division Bench concluded hearings in a batch of petitions seeking 100 percent VVPAT verification of votes cast through EVMs. The ECI argued that the petitioner’s claims were “baseless” and not a single instance of vote-tampering was found so far: https://bit.ly/4cVp5ps 🏦 We published our second part in a two-part feature on the Electoral Bonds Scheme, 2018. This story talks about how the scheme was declared unconstitutional after six years of delay and three days of substantial hearings: https://bit.ly/3xNH7tA 🏭 Yesterday, a nine-judge bench reserved judgement in a case to determine a state government’s power to regulate industrial alcohol after six days of hearings. SCO’s background of the case here: https://bit.ly/3PNWbxx

🌼 Good Morning! 📢 *New feature alert:* 🗳️ Last week, we published Part 1 of a two-part feature on the making and unmaking of the Electoral Bonds Scheme. Yesterday, we published Part 2 which highlights the long wait for a full hearing and what transpired in Court. Read here: https://bit.ly/3xNH7tA - Read Part 1 here: https://bit.ly/4aV8797 📃 *Today's cases:* 🥃 A 9-judge bench will resume Day 6 of hearings to decide if states have the power to regulate industrial alcohol. https://bit.ly/3PNWbxx ☝️A Division Bench is set to resume hearings in a batch of petitions seeking 100% VVPAT verification of votes cast through EVMs. Petitioners have argued that paper trails are necessary to increase voter confidence. https://bit.ly/3JraDYE

☀️ Good morning! 👆🏽 Yesterday the top Court began hearing arguments on whether 100% vote verification must be implemented through VVPATs to cross-check votes cast on EVMs. With the 2024 Lok Sabha elections right around the corner, the case is crucial for ensuring transparency in elections. https://bit.ly/3JraDYE 🚕 Yesterday a 5-judge Bench heard a challenge concerning drivers’ eligibility to drive a transport vehicle with a light motor vehicle licence. The case effects scores of gig-workers across the country. The Union said that they had proposed amendments to the Motor Vehicles Act, which will be dealt with by the new Parliament after the 2024 general elections. https://bit.ly/3UkFqwP 🗂️ In March this year, where the Court worked for just 15 days, pendency increased by over 400 cases. Is this a cause for concern? See the latest trends here: https://bit.ly/3Q40tRK

☀️ Good morning! 🏭 Today, a nine-judge bench will hear arguments on state governments’ power to regulate industrial alcohol. So far, the Bench has completed four days of arguments over two weeks. Read our reports here: https://bit.ly/3PNWbxx 📃 Yesterday, the Supreme Court issued notice to the Enforcement Directorate in a plea challenging the arrest of Delhi Chief Minister and Aam Aadmi Party Leader Arvind Kejriwal, who was arrested for his alleged involvement in the Delhi Liquor Policy case: https://bit.ly/3VZtTE7 🪑 A recent report by the Department of Justice reveals that High Courts nationwide have over 300 vacancies out of their collective sanctioned strength of 1114 judges. Indian High Courts grapple with over 60 lakh pending cases: https://bit.ly/3xv1fkp

🌼 Good morning! 📖 Yesterday marked the 133rd birth anniversary of B.R. Ambedkar, architect of the Indian Constitution. In the only known Supreme Court case argued by him, he invoked the 'spirit' of the Constitution. How did his arguments change the course of judicial history? Find out here: https://bit.ly/4cU686F 🗳 Reflecting on the long saga of the electoral bonds reveals one thing - the Supreme Court's judgement has only validated repeated concerns by various stakeholders across the planning process. Read more here: https://bit.ly/3TWNEK3 🌸 As we wrap a quarter of the Court's functioning this year, our spring session review reflects on the compelling hearings and vindicating judgements that closed some chapters and opened others: https://bit.ly/3JnO8DW

🌿 Good Morning! 🗳️ Earlier this year, the Supreme Court struck down the Union's Electoral Bonds scheme as unconstitutional. The first petition challenging the Scheme was filed way back in 2017. Soon after, RTIs and reports revealed how the Scheme was pushed through. SCO's latest feature captures that story from start to finish: https://bit.ly/4aV8797 🏵️ The last quarter started with the Court ordering the convicts in the Bilkis Bano case to return to prison and ended with a stay on the Union government's Fact Check Unit. Our spring session review captures all the highlights from January - March: https://bit.ly/3Uc6Ft9 🗓️ In March 2024, the top court dealt with several crucial cases in its docket. Get the round-up in our monthly review: https://bit.ly/3VZCp6b

☀️ Good morning! 🌸 _Supreme Court Observer’s_ Spring Session review of the Supreme Court is here! Over its 56 working days in the first quarter, the Court saw hectic Constitution Bench action, some Division Bench and election-related drama, and the kick-off of the Court’s 75th anniversary celebrations. Read now! https://bit.ly/3Uc6Ft9 👨🏻‍⚖️ Justice Aniruddha Bose, the fifth seniormost judge of the Supreme Court retired yesterday, bringing the strength of the Court to 33 judges. Justice Bose authored 67 judgements during his nearly five-year long tenure and was part of several Constitution Benches. We’ve compiled his tenure in numbers here: https://bit.ly/43WpaVP 🥃 On Tuesday, 9 judges continued hearing arguments on the division of power between Central and state governments to regulate industrial alcohol. The Solicitor General argued that Constitution framers intended for Union to control industries completely. https://bit.ly/3TWZ6FB

🍀Good Morning! 👨‍⚖️ Justice Aniruddha Bose retires today after a five-year tenure at the Supreme Court. He is the fifth seniormost judge at the time of his retirement: https://bit.ly/43PUFRr ⚖️ Justice Bose was a part of several Constitution Benches, including the decision to lift the ban on bull racing and taming sports like Jallikattu. Here’s our compilation of Justice Bose's notable judgements: https://bit.ly/4cNnUIH 🪑A recent report published by the Department of Justice says that 30% seats in High Courts across the country are vacant. Click here for a detailed breakdown of vacancies in each High Court: https://bit.ly/3xv1fkp

🪻 Good morning! 📜 In more than one way, the story of the 2024 elections and the top Court are tied up. Last week, political parties released their manifestos. We took a close look at what they said about the Supreme Court. 📝 From judicial appointment commissions to a Chennai branch of the top Court, read more about what the manifestos aspire from the judiciary here: https://bit.ly/49skjwL 👨🏽‍⚖️ Yesterday, the Court heard a challenge to appointment of 68 judicial officers in Gujarat in a case that reflects on the merit-cum-seniority mode of recruiting district judges. The case may close a longstanding debate on how district judges are appointed. Know more on what went down here: https://bit.ly/3Ud64I0

☀️ Good Morning! 👥 Today, the Supreme Court is scheduled to hear a crucial case on the extent of rights enjoyed by Overseas Citizens of India (OCIs). 📇 Section 7D of the Citizenship Act empowers the Union government to revoke a person's OCI status on certain grounds, like expressing disaffection towards the Constitution, or in the interest of the sovereignty and integrity of India. 🗣️ Petitioners argue that this provision affects their right to freely raise grievances with public officers, even though they may reside and pay taxes in India. 🏛️ Does Section 7D of the Citizenship Act violate the rights of OCIs? https://bit.ly/3UbBu1q _Cause title: Radhika Thappeta v Union of India_

🌼 Good morning! 📃 This week, a 9-judge Bench heard 3 days of arguments on states’ power to regulate alcohol. This case is as much about states power to make laws on alcohol manufacture, as it is about states’ revenue, and the division of powers between them and the Union. https://bit.ly/3PNWbxx 🥂In yesterday’s hearing, the Union government argued that their power to control alcohol was on a higher pedestal than states’ power as it was for a "common good". https://bit.ly/3TNbZSt 📖 Previously, states argued that reducing their powers would nullify the federal structure envisioned by the Constitution. https://bit.ly/4ayFjTs 💰 They also argued that in a post-GST era, states needed control over alcohol as a key source of revenue. https://bit.ly/3PN9Uoq

🍀Good Morning! 🗂️Investigators often file incomplete reports to stop the clock and block bail. Recently, the Supreme Court said it was “bothered” by the practice. Delhi-based lawyer Abhinav Sekhri writes that the Courts own interpretation of the law has led to this situation: https://bit.ly/4cCmAIF 📝The arrest of Delhi CM Arvind Kejriwal, frozen bank accounts of the Congress Party, and a letter signed by 600 lawyers. The election fever has reached the Supreme Court. How is the top court engaging with the polarised maelstrom brewing outside its corridors? https://bit.ly/4aBNP47 9️⃣ *Day 2 | Regulating Industrial Alcohol:* The states of Uttar Pradesh, West Bengal and Kerala argued that their power to regulate alcohol is not restricted to beverages, but any liquid containing alcohol: https://bit.ly/3PN9Uoq

🌼 Good morning and cheers! 🏛️ Today, a nine judge Constitution Bench of the Supreme Court will continue hearing the case about the state governments’ power to regulate industrial alcohol. 🥃 At its core, this case is about whether the Union has exclusive regulatory power over industrial alcohol or if state governments also enjoy that power. Regulating industrial alcohol is crucial as it is often used to manufacture illicit liquor. Here's SCO’s case background: https://bit.ly/3PNWbxx 📖 Yesterday, the state of Uttar Pradesh argued that the 7th Schedule grants states the exclusive legislative authority over industrial alcohol. Taking this power away would damage India’s federal structure. https://bit.ly/4ayFjTs

🌻 Good Morning! 🗳️As the country gears up for the general elections, political temperatures across the country are high. Inevitably, the election fever has reached the Supreme Court. ✍️ Last week, 600 lawyers wrote a letter to Chief Justice Chandrachud, calling upon the Supreme Court to drop its “dignified silence” and take steps against “attacks” on the judiciary. But does the court really need saving? In our latest newsletter, we explore the political gymnastics behind legal battles that play out in Court. https://bit.ly/4aBNP47 9️⃣ Today, a 9-judge Constitution Bench is scheduled to hear a case to decide if state governments have the competence to regulate sale and manufacturing of “denatured spirits.” Catch the hearing live on scobserver.in!

🌺 Good morning! 📃 Through a Right to Information application, the Supreme Court Observer received a list of cases that have been pending for at least 30 years. 24 cases were listed by the Court’s Registry, including many connected matters. Here’s the comprehensive list: https://bit.ly/4axZf92 🗂️ The list includes property disputes that have lasted for over 30 years, environmental issues which the court has monitored for decades and more. We’ve summarised the cases briefly here: https://bit.ly/3vyNGQ4 👩🏻‍⚖️ The Court resumes today after a weeklong Holi break. This will be a miscellaneous week where the Court will hear and clear cases for admission, interim applications and more. From next week, the Court is likely to resume hearing Constitution Bench cases. Stay tuned to www.scobserver.in!

🌅 Good Morning! 👨‍⚖️ In the recent hearings concerning the enforcement of directions in the *Electoral Bonds Scheme* judgement, the court was forced to threaten contempt proceedings twice. ⁉️ *What is _contempt of court_?* Contempt refers to willful disregard of a court's authority or disobedience of its orders. It could also be non-cooperation with the Court and misbehaviour with legal officials. 🏛️ The court gets its power to punish for contempt under the Constitution of India. 🔎 Read more on our *procedure page.* We’ve explained complex legal terms in simple language. https://bit.ly/3PHGHv8 🗳️ Why did the court threaten contempt charges in the Electoral Bonds case? Find out: 1) https://bit.ly/43lqVvt 2) https://bit.ly/4chUC4H

🍂 Good Morning! 🏛️ Recently, at a lecture at the Columbia Law School, Justice B.R. Gavai said that freedom of speech must include the right to information for citizens to participate in elections. Justice Gavai was on the five-judge bench which struck down the Electoral Bonds scheme. 💰The Constitution Bench held that a donor’s right to privacy does not justify restricting a voter’s right to information. They viewed the scheme to be “selectively anonymous” as it enables only political parties to know who made a contribution. More in our judgement summary: https://bit.ly/49jQejU 🪨This month, a nine-judge Constitution reserved judgement in a case determining the states power to tax mines and minerals. Our matrix gives a quick snapshot of 8 days of arguments: https://bit.ly/4cCUnRN

🌼 Good morning! 👣 With Prof Saibaba's acquittal and release earlier this month, after a decade of incarceration, we've been thinking about what true justice means and how it can be brought about. ⚖️ The glaring gaps in Saibaba's UAPA trial and repeated bail rejections should open up a broader conversation on compensation in malicious prosecution cases in India. How has the court tackled this in the past and what is the way forward? Read here: https://bit.ly/4ayZJMh 📉 We also looked into the pendency data at the Supreme Court over February. The drop in pendency this year continued with a decrease of over 700 cases last month. See the full numbers here: https://bit.ly/3VAydtn