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Bar and Bench

@barandbench

Dec 9

Supreme Court resumes hearing the challenge to the Special Intensive Revision as conducted by the election commission of India in Bihar

Sr Adv Shadan Farasat begins

Farasat: Your Lordships in multiple judgments have said that Articles 324 to 329 constitute one scheme. Your Lordships will recall that the Representation of the People Acts of 1950 and 1951 were passed by the Constituent Assembly sitting as the Provisional Parliament.

Recall that the 1950 and 1951 Acts were enacted by the provisional Parliament. The first general election in India took place from October 1951 to February 1952 after these Acts were enacted. Although the composition was the same as the Constituent Assembly, my submission is that Articles 324 to 329 read with the 1950 and 1951 Acts form one constitutional code.

This code gives a very clear indication of the powers of the Election Commission.

Farasat: The question I am addressing is the scope and power of the Election Commission regarding the determination of citizenship while preparing electoral rolls. Do they have a role. What is the extent of that role. Because my respectful submission is on this issue.

Please have Article 324. Article 324 contains the general power of superintendence.

Next, Article 325:

“There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.”

This is a non discrimination provision. Article 325 mirrors the language of Article 15. The same grounds. Religion, race, caste, sex.

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Bar and Bench

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Dec 9

Supreme Court to resume hearing today pleas by Umar Khalid, Sharjeel Imam, and other accused seeking bail in the 2020 Delhi riots conspiracy case.

Bench: Justices Aravind Kumar and NV Anjaria

#UmarKhalid #SupremeCourtofIndia

Sr. Adv. Siddhartha Dave appearing for Sharjeel Imam to continue arguments today.

Counsel states Umar Khalid has moved the trial court seeking interim bail for attending his sister’s wedding.

Counsel: I just wanted to inform. Such bail has been granted before as well.

Read 47 tweets

Bar and Bench

@barandbench

Dec 4

Supreme Court hears the challenge to the SIR process

Sr Adv Gopal Sankarnarayanan: This is an IA. We have details from 35 to 40 BLOs who have committed suicide. These are all aanganwadi workers , teachers .. Section 32 ROPA notices are being sent to them saying that they will be imprisoned for 2 years if they don't meet deadlines. 50 FIRs have been filed against BLOs in UP. They are taking pride in this.

CJI Surya Kant: See if it is an lawful excercise.. it has to be performed. State can substitute the workers.

#SIR #SupremeCourt

CJI: List 3 employees are provided by the state govt. So ECI has to speak with state government

Sr Adv Maninder Singh: 91 percent process is complete in Tamil Nadu

CJI: are you only on Tamil Nadu..

Sr Adv Gopal Sankarnarayanan: TN is first and also all the states. There was a boy who wanted to attend his wedding.. he was denied and he committed suicide.

CJI: somebody can be unwell.. there can be done other health reasons also...

Sr Adv Gopal Sankarnarayanan: But the electoral officer is their boss and they report to the ECI. States are not on the process.

CJI: state govt deploys these workers. So we can tell the states that wherever workers are facing issues they can be substituted.

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Bar and Bench

@barandbench

Dec 3

Parliament Questions
Sasmit Patra asked about the number of cases filed, disposed and pending before DRTs.

The Government responded that 1,78,172 cases are pending before Debt Recovery Tribunals, along with 66,876 SARFAESI applications, as of 14 November 2025.

Patra asked the Government for forum-wise data on cases filed, disposed and pending before the NCLT, DRTs, SARFAESI recovery forums and erstwhile BIFR.

NCLT:
As of 30 September 2025, the National Company Law Tribunal has:
53,727 total cases filed

46,725 cases disposed

7,002 cases pending

Budget Allocation & Utilisation (NCLT vs DRT):

FY 2022–23:
NCLT: ₹86.80 cr allocated; ₹86.27 cr utilised
DRT: ₹155.72 cr allocated; ₹154.79 cr utilised

FY 2023–24:
NCLT: ₹108.37 cr allocated; ₹99.85 cr utilised
DRT: ₹171.95 cr allocated; ₹175.55 cr utilised

FY 2024–25:
NCLT: ₹135.87 cr allocated; ₹122.59 cr utilised
DRT: ₹212.07 cr allocated; ₹183.63 cr utilised

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Bar and Bench

@barandbench

Dec 2

Sr. Adv. Abhishek Manu Singhvi (for Gulfisha Fatima): I have been in jail for just under 6 years. There is a chargesheet filed on 16.9.2020 but as if it’s a ritual of chargesheets, the supplementary chargesheets are filed continuously… till now we have got 4 supplementary and 1 main. The arrest was in 2020. Even after 2023, the delay is sad, astonishing, and unprecedented.

Singhvi: I seek parity, the high court keeps it pending. Then a new bench takes over. Then the appeals were listed with 8 other Co accused. Then it was released from that bench… whatever reasons, let’s not go into that. Then comes the impugned judgement.

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Bar and Bench

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Nov 29

Chief Justice of India Surya Kant will deliver the inaugural address at the O.P. Jindal Global University’s international convention on judicial independence today marking the launch of IMAANDAAR (Moot academy) and a discussion on the Kesavananda Bharati verdict with AG R. Venkataramani, SG Tushar Mehta and a host of other Supreme Court judges #SupremeCourt

Supreme Court Justices PS Narasimha, PK Mishra, Aravind Kumar and Solicitor General Tushar Mehta at the event #SupremeCourt

Justice Sanjay Karol and Senior Advocate Sidharth Luthra arrive #SupremeCourt @Luthra_Sidharth

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