Thread by @gautambhatia88

This is such absolutely cynical stuff from the Supreme Court that it's hard to know where to begin.

https://twitter.com/LiveLawIndia/status/1348903179358924800

The Court act as if it can "suspend" laws of its own sweet will. It can't.

For the Court to stay a law, it has to find that it is prima facie unconstitutional, and issue a reasoned order saying so. This is *not* optional.

For obvious reasons, it has not done so here.

It is cynical for another reason. A host of laws have been challenged before the Supreme Court in recent times, where arguments were *actually* made for prima facie unconstitutionality. The Court refused to stay any of these laws, and refused to even engage with the arguments.

In all those cases, the Court's blanket refusal to issue a stay was directly harmful to a fair adjudication of the case, as it allowed the government to permanently alter the facts on the ground. Examples - Aadhaar, J&K Reorganisation Act + many others.

Oh. Electoral Bonds.

Court won't stay laws where status quo is benefiting govt. Court will kick those cases into cold storage so that status quo continues indefinitely and continues to benefit govt.

But suddenly, here, the Court pops in, stays laws, forms committee without the courtesy of an explanation.

This is not a judicial institution. It is, however, as I said in my first tweet, an institution engaging in a particularly cynical brand of power politics.

Also, today's hearing demonstrates the worst aspects of PIL culture (btw, anyone managed to find out who exactly Mr Salve is representing, given his outsize role in arguments?).

Any talk of judicial reform has to include root and branch PIL reform, or it is eyewash.

-fin-