Thread by @barandbench

#Constitutionbench of #SupremeCourt headed by Justice DY Chandrachud to shortly hear the following cases:
1. Delhi Govt vs LG on control of services
2. Maharashtra Political Crisis
3. Assam NRC Case
4. Validity of extending legislative assembly reservations beyond 10 Years

Senior Advocate AM Singhvi appears in Delhi Govt vs LG on control of services

Singhvi appears for the Delhi government (AAP): I will take about a day

SG Tushar Mehta for the LG: We may take a little more

Justice DY Chandrachud: So it will be over in a week?

SG: Yes. But on September 13 week and September 20 week there are two matters: EWS and the AP law

Justice Chandrachud: Oh. So you want it after that?

SG: After EWS, there is a matter of reservation on the basis of religion and that will be heard then

DYC J: We can give directions in Delhi govt vs LG matter on September 27 and list it immediately after the holidays or right now list it from Oct 11 to Oct 13

DYC J: We will keep the Delhi Govt vs LG matter on September 27 for directions #SupremeCourt @LtGovDelhi @AamAadmiParty

SC: but this will be a complete green bench and there will be no papers in this matter.

DYC J: The secretary and the IT head said that they are willing to train the seniors on how to use technology on Saturdays. But please do not keep papers in this court. So apart from hearing, please let us know if you all need the training, we will organise this

DYC J: Do not circulate any paper compilation in this matter. We can hold a training in conference room in SC on Saturdays'

Justice MR Shah: we also got training (to a hesitant counsel). It has to start some time

SC Order: Dr Singhvi and SG Mehta state that it will be appropriate if the case is listed for directions on September 27 (Delhi Govt vs LG). In the meantime it is anticipated that proceedings before CJI led constitution bench likely to conclude.

SC: In case the hearing in CJI court spills over this case will be listed on October 11

SC: Regarding procedural directions, Mr Shadan Farasat assisting Mr Singhvi and Adv Parmesh assisting SG shall compile a joint compilation for written submissions, case laws etc.

SC: All counsels have agreed proceedings shall be held in paperless way and no hard copy of docs shall be carried. Registry shall scan all paper books and it will be made available to the two advocates so that it is given to all the counsels.

SC: Adv Farasat and Parmesh shall coordinate with registry regarding the training session of lawyers. So we will all be in same paper books, there will be bookmarks, and thus we dont have to shuffle several compilations.

AG KK Venugopal: There is a little problem. I am only there till September 30.

CJI: As i told you you underestimated the Article 142 power in May

SG: I can be the petitioner this time. #DelhigovtvsLG

[Maharashtra Political Crisis] matter begins

#MaharashtraPoliticalCrisis

DYC J: Should we pass same order for directions on Sept 27?

Sr Adv Kapil Sibal: It will take a little longer

Sr Adv NK Kaul: the issue is that whether EC can go ahead or not has to be decided. They say EC should not be allowed to go ahead..

Kaul: here power of speaker, governor has nothing to do. EC is on intra party dispute and municipal elections are knocking on the door. there needs to be a freezing of the symbol. they say disqualification of members will have an impact. we say there is no impact..

DYC J: Is there any restraining order by this court?

Sibal: not an explicit order

Kaul: none!

#MaharashtraPoliticalCrisis

DYC J: The order says whether EC can go ahead or not has to be taken up by constitution bench\

Sr Adv Kaul narrates the facts of case: in the plea where they say governor should not have called Eknath Shinde to form govt they have filed an IA on the election commission

DYC J: We will list the IA on September 27 and we can hear the IA briefly and you should not take more than 10 minutes on this and then we can decide if EC can be directed etc?

Sibal: this is a question what is the power of EC when there is a split between the party

DYC J: Question J indicates that scope of EC will be decided but there is a question if EC should go ahead or not. So we can decide the IA

Sibal: how do you decide a split in the faction in light of 10th schedule is a question. How do they go to the commission?

Kaul: sole power of speaker has nothing to do with a member approaching EC for directions

Sr Adv Singhvi: if disqualification is upheld then such members cannot approach EC so it is dependent. Three times CJI Ramana led bench had asked ED to hold its hands

Justice MR Shah: We are not hearing the IA now, we will hear on September 27. Can't you reserve energy for September 27?

DYC J: We will list the IA on September 27

SC Order: list the IA on September 27, 2022

Sr Adv Arvind Datar for @ECISVEEP : under Symbols act if there is a complaint we have to take it on board and we have to issue notice to other side .. we had said no injunction was needed as it takes a lot of time.

Datar: I am a constitutional functionary..if they stand disqualified... then they are disqualified from legislature, we are on the party

Sibal: it is on the party and not legislature.

SC: All parties as well as ECI shall file brief notes not exceeding 3 pages.

[Validity of extending legislative assembly reservations beyond 10 Years] begins

DYC J: We will list this case for directions on November 1, 2022 ..this is after Diwali.

[Assam NRC] Case begins

Sr Adv Kapil: Section 6A of the citizenship is under question and Justice RF Nariman had framed several questions

DYC J: We are listing this on November 1, 2022 for directions

Sr Adv Indira Jaising: One of the issues is if debate in this issue will affect vested interests. Here question is on constitutional validity of Section 6A of citizenship act. I will be arguing it is valid, but this question on vested interest if it can be taken up as main issue

DYC J: you can submit on that day itself if it can be taken as a preliminary issue. we are not expressing opinion as we will like to have grip over the issue when the matter begins.
#SupremeCourt #NRC

Adv seeks to know if the constitution bench would be available for arguments on virtual mode as well

Justice Chandrachud: For constitution bench your presence would be desirable, but if there is a genuine difficulty, of course we will accommodate you.

#ConstitutionBench rises