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Supreme Court Observer Profile picture
@scobserver
Sep 15 • 10 tweets • 3 min read • Read on X
Today, the Supreme Court will deliver its judgement on whether to stay the Waqf Amendment Act, 2025. Controversially, the Act removes ‘Waqfs by user’ and expands non-Muslim representation on Waqf boards. Our Matrix highlights the key contentions: scobserver.in/reports/consti…
A Bench led by CJI B.R. Gavai reserved judgement on 22 May after five days of hearings. Here’s a video summarising the case: scobserver.in/journal/should…
This is one of several key matters before the CJI Gavai-led Court, which is also expected to deliver the opinion in the Presidential Reference on gubernatorial assent to state Bills. More about the Court in our latest newsletter: scobserver.in/journal/coveri…
This commentary by Rutba Peerzada and Muhammad Mutahhar Amin argues that the amendment contains a few welcome elements of reform but, overall, tilts heavily towards political and bureaucratic control: scobserver.in/journal/change…
Follow this thread for live-updates! We will be updating our report through out the day. Find it here: scobserver.in/reports/consti…
CJI: We have held that presumption is always on the constitutionality of the statute. Only rarest of the rare cases it is stayed.
CJI: We have gone to the legislative history right from the 1923 Act up to now. We have considered prima facie challenge to each of the sections...and after hearing the parties we have found that case was not made out to stay entire provisions of the statute.
CJI: Clause (r) of Section 3. Provision that someone must be following Islam for at least five years is stayed. Without there being a mechanism such a provision would lead to arbitrary exercise of power.
CJI: Proviso that such property will not be treated as waqf property until report filed by designated officer shall stand stayed. An executive cannot determine the rights of the property. Until there is a finality to the findings of the officer, the possession or rights of the property will not be affected.
CJI: Upon commencement of inquiry...till the final determination. Subject to further orders of the High Court, no third property rights will be created.

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More from @scobserver

Supreme Court Observer Profile picture
Jul 10
Today, the Supreme Court is scheduled to hear a batch of petitions challenging the ECI's Special Intensive Revision of electoral rolls in Bihar months before the state goes to assembly polls. Our case background summarises everything you need to know: scobserver.in/cases/challeng…
Justices Sudhanshu Dhulia and Joymalya Bagchi take up the case
Senior Advocates Kapil Sibal, AM Singhvi, Gopal Sankaranarayanan appear for the petitioners.

Senior Advocates KK Venugopal, Rakesh Dwivedi appear for the Election Commission.
Read 53 tweets
Supreme Court Observer Profile picture
Aug 20, 2024
#Live: 3-Judges of the #SupremeCourt led by CJI DY Chandrachud assemble to hear the matter of the RG Kar Medical College and Hospital rape and murder.

The Court took #SuoMoto cognisance of the case, i.e, decided to hear the issue on its own, without a petitioner filing a case. Image
Solicitor General Tushar Mehta asks the Court what issues it would like the parties' assistance with.

CJI: The reason why we took suo moto cognisance is because it raises systemic issues about the safety of doctors across India.

#SupremeCourt
CJI: We are deeply concerned that there is a virtual absence of safe conditions of work for doctors in public hospitals…most importantly woman doctors who are subjected to greater danger and vulnerability.

There are no duty rooms or separate restrooms for men and women.
Read 40 tweets
Supreme Court Observer Profile picture
Aug 3, 2023
Day 2 of arguments in the challenge to abrogation of Article 370 has begun. @KapilSibal will begin arguments.

CJI D.Y. Chandrachud, S.K. Kaul J, Sanjiv Khanna J, B.R. Gavai J, Surya Kant J are hearing this case.

#Article370 #JammuAndKashmir #SupremeCourtofIndia Image
Yesterday, Opening for the petitioners, Sr. Adv. @KapilSibal argued that Article 370 was a permanent provision of the Constitution, which only the Constituent Assembly of
Jammu & Kashmir had the power to repeal.

Read the report here: scobserver.in/reports/abroga…
@KapilSibal takes the Court through the 1950 and 1954 Presidential Orders, to demonstrate that concurrence of the Jammu and Kashmir state was always sought. The orders stated that no bill related to boundaries of J&K will be passed without concurrence of govt.

#Article370 Image
Read 23 tweets
Supreme Court Observer Profile picture
Oct 5, 2021
<Reservation in Promotion: October 5>

Today, the SC will hear a group of 130 petitions concerning the implementation of the Court's decision in M Nagraj v Union of India (2006).

In M Nagraj, the Court held that SC/STs can be granted reservations in promotion.

(1/n)
The Court partially upheld the Nagraj judgment in Jarnail Singh (2018). It struck down the requirement for States to demonstrate backwardness when granting reservation in promotion.
It also introduced the idea of creamy layer exclusion.

Read more -scobserver.in/court-case/res…

2/n
In the present petitions, the Court had previously ordered all parties to appraise the Attorney General about their issues with the policy. The AG was directed to consolidate these issues for the Court's deliberation.

Follow today's hearing
scobserver.in/court-case/res…

3/n
Read 10 tweets
Supreme Court Observer Profile picture
Mar 16, 2021
<<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
Read 10 tweets
Supreme Court Observer Profile picture
Jan 21, 2020
#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

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