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 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…

<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

<<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

#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

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

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

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

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

Day 10; Session 1- Kapil Sibal (KS ) :continues with arguments against Aadhaar. Compares Aadhar ID with National ID for Israel and points out that in Israel, information can be used only for purpose they are collected. No provision for metadata. #scobserver @KapilSibal 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

#Aadhaar Day 9; Session 1 - @KapilSibal begins with reading a newspaper report abt, how ppl are being denied pension because of Aadhaar. Justice Bhushan enquires - if there are so many problems with Aadhaar, then why 1.2 billion ppl have enrolled for it? #scobserver, replies that difference between enrolment and requirement of authentication each time. Authentication requirement continuously leads to exclusion, which is a ground for challenging Aadhar. J. Bhushan seems non-convinced. #scobserver