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16 Mar, 10 tweets, 4 min read
<<Maratha Reservation Challenge>>

The Supreme Court’s Constitution Bench will hear arguments on the constitutional challenge to SEBC Act granting reservation to Maratha

We have traced the history of this case here:
scobserver.in/court-case/mar…

#MarathaReservation

1/n
Yesterday, Sr. Advs Arvind Datar & Shyam Divan argued that the 50% reservation limit must be followed & the #MarathaReservation was not an ‘exceptional circumstance’. Also, Marathas are not backward but a politically organised & dominant class

More: bit.ly/3vvd7Nt

2/n
<<Maratha Reservation: 16 March Hearing>>

Key highlights:

Sr Adv Shyam Divan argued that the 102 Constitution Amendment no longer allows States to categorise Social and Educationally backward classes: SEBC Act violated this Amendment.

More: bit.ly/3loEapo

3/n
- Sr Adv Gopal Sankaranarayan examined the effect of the 102nd Amendment Act and the role of ‘External Aids’ in interpretation.

- Sancheti raises concerns about the Gaikwad Committee’s collection and analysis of data.

4/n
More: bit.ly/3loEapo

#MarathaReservation
Our consolidated report on today's hearing: scobserver.in/court-case/mar…

Sr Advs Shyam Divan, Gopal Shankaranarayan, Siddharth Bhatnagar and Pradeep Sancheti argued against the #MarathaReservation and the SEBC Act.

The Court adjourned, with Sancheti scheduled to continue tomorrow.
<<Maratha Reservation: 17 March Hearing>>

Sr. Adv. Pradeep Sancheti is slated to continue his arguments in the morning.

The advocates for the petitioners would conclude today.

#MarathaReservation
Sancheti's arguments primarily revolved around the inaccuracies of the Gaikwad Commission Report. He noted, the method of data collection and analysis adopted by the Gaikwad Commission is ‘patently flawed’ & does not adhere to any scientific and statistical standards.

7/n
Sr Adv Rajeev Dhawan stressed the ‘exceptional circumstances’ justification in order to exceed the 50% limit in reservation.

The reservation for Marathas does not offer convincing justification for going over the limit, he added. He will continue his arguments post-lunch.

8/n
In today’s hearing Sancheti, Dhavan and Marlapalle argued that the SEBC Act fails to comply with the Constitution, defending their interpretation of the equality framework.

More in our detailed daily report: bit.ly/3lp0ZsU

#MarathaReservation

9/n
<<Maratha Reservation: 18 March Hearing>>

Today the applicants seek to complete their arguments.

Senior Advocate BH Marlapalle continued his submissions from yesterday.

#MarathaReservation

10/n

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Supreme Court Observer Profile picture
21 Jan 20
#Article370

He now moves to the 1972 SC decision in Mohd.Maqbool Damnoo: indiankanoon.org/doc/713534/

(Background: In Damnoo, an amendment to Art 370 was made much like in the way it was done in the recent abrogation orders and the same was upheld by the SC)

12/n
Nevertheless, he tries to differentiate the recent abrogation orders and the exercise which was scrutinised in Damnoo.

He argues that in the Damnoo instance, there was an amendment of the J&K Constitution itself, prior to the amendment of the Indian Constitution.

13/n
'Art 370 does not control the power of amendment of the J&K Constitution since it is not a creation of the Indian Constitution but of the original proclamation made by the Raja', adds Dwivedi

Given this, Art 370 cannot be used for repealing the J&K Constitution itself.

14/n
Read 12 tweets
Supreme Court Observer Profile picture
21 Jan 20
Day 6 of oral arguments in #Article370 hearing.

The Bench has assembled. Sr.Adv.Dinesh Dwivedi submits that the matter needs to be referred to a larger bench as there are conflicting judgments from two earlier constitution benches on President's powers u/Art.370

1/n
The Bench is now trying to assess the time that will be taken by counsels to finish their arguments.

SK Kaul J. observes that there needs to be a cap on the number of intervention applications being filed.

2/n
#Article370

Sr.Adv.Dwivedi commences his arguments. Requests the Court to set aside the August orders abrogating Art 370 and declare them void.

He explains that the the Indian Constitution applies to Jammu & Kashmir in a limited way.

3/n
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Supreme Court Observer Profile picture
7 Jan 20
In Nov 2019, a narrow 3:2 majority of the #SupremeCourt decided to keep the #Sabarimala review petitions pending.

It held that overarching questions pertaining to #ReligiousFreedom & #GenderEquality must first be decided by a larger 9-judge Bench.

bit.ly/2s2i7gX
1/5
The 9-judge Bench of the #SupremeCourt will begin hearing arguments on the overarching questions next week, on 13 January.

2/5
 #Sabarimala #SabarimalaReview #SabarimalaTemple
There are several key cases that will be effected by the outcome of this 9-judge Bench matter:

A) Yasmeen Zuber v. UOI - Do practices prohibiting the entry of women into mosques violate the right to #equality?
bit.ly/2Quwcgj

3/5
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Supreme Court Observer Profile picture
14 Mar 19
Today #Rafale hearing at 3pm!

The #SupremeCourt is considering whether to admit the #ReviewPetition by @YashwantSinha, Arun Shourie & @pbhushan1: bit.ly/2u5QvVx

1/n
 #RafaleDeal #RafaleFilesStole #RafaleScam #cagreport #cagrafalefile #cagrafalereport
@YashwantSinha, A Shourie & @pbhushan1 are seeking a review of the #SupremeCourt's #Rafale judgment on 4 main grounds:

1) Judgment did not deal with the main prayer of one of the petitioners (P Bhushan): filing of an #FIR & a #CBI led investigation
...
2/n
...
2) Judgment relied on a large number of major factual errors
3) Critical material evidence was suppressed from the Court
4) Judgment did not consider critical facts submitted by the petitioners

3/n
 #Rafale #SupremeCourt #RafaleDeal #RafaleReview #RafaleScam #RafaleFiles
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Supreme Court Observer Profile picture
6 Sep 18
What are the possible options before the #SupremeCourt? Maxamilist, lean maximalist, minimalist...
See our pre-judgement matrix #Section377 #SCObserver
scobserver.clpr.org.in/court-case/sec…
1/n
The 5-judge Bench assembled at 11.30 to announce its judgement on #Section377. #CJIDipakMisra is reading the judgement. There are four concurring opinions
2/n
#Section377 has been struck down. #CJI says, 'it is irrational and manifestly arbitrary'
3/n
Read 9 tweets
Supreme Court Observer Profile picture
13 Feb 18
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KS : Reads from Puttaswamy judgment (Right to Privacy case) which says that Information is power. Refers to very expensive acquisition of Whatsapp by Facebook to argue that these services are highly valued because of information access. #scobserver
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