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๐Ÿ‡ฎ๐Ÿ‡ณ Happy Constitution Day!

๐Ÿ“– Today marks 75 years since the Constitution of India was adopted.

๐Ÿ‘จ๐Ÿปโ€โš– To commemorate the day, we recall a historic conference in 1948. Federal and High Court judges from across the country gathered in Delhi to discuss issues concerning the judiciary in the work-in-progress Constitution: https://bit.ly/4eKIwkC

๐Ÿ“œ Weโ€™ve also launched a special series to commemorate 75 years of the Supreme Court. The series has articles about the Court's history and essays that analyse its impact on public life.

๐Ÿ“– From the inaugural speech by the first Chief Justice of India H. J. Kaniโ€™s to an overview of India's death penalty jurisprudence, we have it all:
https://www.scobserver.in/75-years-of-the-supreme-court/
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๐ŸŒ Good Morning!

๐Ÿ’จ This year, like every year, the Supreme Court has been monitoring the deteoriating air quality in Delhi. Last week, the Court came down heavily on the Union and state governments for delays in implementing measures to curb air pollution.

๐Ÿ›๏ธ To rectify the "failure" of the states and ensure that Heavy Vehicles were not entering the NCR, the Court appointed 13 advocates as Court Commissioners at various check points and directed them to submit a report: https://bit.ly/4fJ4p4Z

๐Ÿ”Ž On Monday, the Court reviewed the report. It revealed several mishaps such as inadequate barricading and the absence of police personnel at as many as 83 checkpoints inspected in the NCR. More here: https://bit.ly/4eR7W02
โ˜• Good Morning!

๐ŸŒ† Today, the Supreme Court is scheduled to continue hearing updates on the Delhi Air Pollution Crisis. On Monday, the Court pulled up the Delhi Police and state authorities for failing to enforce GRAP Stage IV rules in the region. More here: https://bit.ly/3COSHr9

โš–๏ธ Earlier this month, the Court held that unilateral arbitrator appointment clauses in public-private contracts were invald. Here are two expert commentaries on the judgement:

- Senior Advocate Sajan Poovayya writes that the majorityโ€™s decision was grounded in constitutional law: https://bit.ly/3COiEaa

- AoR Hima Lawrence and Advocate Abhinav Hansaraman write that the decision encourages the government to be a better commercial player: https://bit.ly/4i6YpEU
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๐Ÿ—ž Good Morning!

๐Ÿ‘จ๐Ÿปโ€โš– Yesterday, the SC Collegium led by CJI Sanjiv Khanna unanimously recommended Delhi High Court's Chief Justice Manmohan as judge to the top court.

๐Ÿ”Ž Collegium activity is crucial to understand the Court's interaction with the Union. We trace the activity under former CJI D.Y. Chandrachud here: https://bit.ly/3ZrPJlf

๐Ÿ•Œ Today, the Court will hear the management committee of the Shahi Jama Masjid in Sambhal in the aftermath of the violence that erupted last week. A District Court had ordered a survey of the Mosque based on the claim that it was constructed on a Hindu temple.

๐Ÿ›• The case is the latest in a long list of title disputes in Ayodhya and Gyanvapi. Here's an excerpt about the Ayodhya verdict: https://bit.ly/3CMFmQ2
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๐ŸŒณ Good Morning!

๐Ÿ’จ Today, the Supreme Court is expected to hear updates around the Delhi air pollution crisis.

๐Ÿ“‰ Last month, the Court directed the Commission for Air Quality Management to report whether a downward trend in the Air Quality Index has been observed. If such a trend is confirmed, the Court may consider easing the Graded Response Action Plan (GRAP) measures in the NCR.

๐Ÿš› Additionally, the Court reprimanded the Delhi Police and state authorities for failing to enforce preventive measures, particularly regarding the entry of trucks into the capital: https://bit.ly/3COSHr9

๐Ÿ—’๏ธA quick overview of the hearings so far: https://bit.ly/4fJ4p4Z
๐Ÿ—ž๏ธ Good Morning!

๐Ÿ’จ Delhi Air Pollution crisis: The SC continued to scrutinise lapses in enforcing measures under the Graded Response Action Plan. From disguised trucks to ignored construction bans, here are the key takeaways from yesterdayโ€™s hearing: https://bit.ly/4eTfE9W

๐Ÿ—ฃ๏ธ Kevin Sebastian explores the concept of โ€˜compelled speechโ€™, highlighting its implications on free speech and its limited development in Indian Supreme Court jurisprudence. More: https://bit.ly/4gylGy7

โš–๏ธ Recent petitions by Hindu groups for surveys of the Shahi Jama Masjid in Sambhal and Ajmer Sharif Dargah have stirred tensions. CJI Sanjiv Khanna has the chance to prevent further escalation. More in our weekend newsletter: https://bit.ly/4hg4Wjw
๐ŸŒธ Good Morning!

โ˜‘๏ธ Yesterday, the Union government notified the appointment of Justice Manmohan, Chief Justice of the Delhi HC, as a judge of the Supreme Court. He will be the first Supreme Court judge appointed under the Collegium led by Chief Justice Sanjiv Khanna.

๐Ÿ“„ Read more about Justice Manmohan here: https://bit.ly/3VmnvWE

๐Ÿ“‰ Supreme Court pendency reduced by 654 cases in November 2024. This is the second consecutive month where we noticed a downward trend in pendency numbers. However, confusion was caused by two webpages of the National Judicial Data Grid displaying conflicting figures for the same data points. More: https://bit.ly/3CYXJBv
โ˜• Good morning!

๐Ÿ“ฐ In our latest commentary, lawyers Abhijnan Jha and Durga Priya Manda highlight former CJI DY Chandrachudโ€™s key rulings that strengthened arbitration jurisprudence in India. However, there was one 'blip' in the road of welcome developments. Read: https://bit.ly/4ggMFxH

๐Ÿ‘จ๐Ÿปโ€โš– Justice Manmohan took oath yesterday. He became the first SC judge appointed under the CJI Khanna-led Collegium. The top court now has 33 judges, one short of its sanctioned strength. Read about Justice Manmohan here: https://bit.ly/41kZa7g

๐Ÿ“‰ In November, pendency reduced by 654 cases. However, discrepancy between two National Judicial Data Grid webpages has muddied the waters, with one showing resolved cases as still pending. More: https://bit.ly/3CYXJBv
๐ŸŒฑ Good Morning!

๐Ÿ—“๏ธ 6 December marked Dr. B.R. Ambedkarโ€™s 68th Death Anniversary. To commemorate, hereโ€™s our coverage of his enduring legacy:

๐Ÿ“– In _The Foresighted Ambedkar,_ Anurag Bhaskar debunks myths surrounding Dr. Ambedkarโ€™s call to โ€œburn the Constitution.โ€ Here's an excerpt highlighting how his words have been taken out of context to downplay his faith in the document: https://bit.ly/4c3TPDm

๐ŸŽ™๏ธ On the eve of the Constitution's adoption, Dr. Ambedkar delivered a speech reflecting upon the political and social inequality in India. Here's an excerpt: https://bit.ly/3ZqFSLd

๐Ÿ—ฃ๏ธ In his only known case in the top court, he evoked the โ€˜spiritโ€™ of the Constitution in a precursor to the Basic Structure doctrine. More: https://bit.ly/3x2llCD
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๐Ÿƒ Good Morning!

๐Ÿ›๏ธ Yesterday, the Supreme Court directed the Manipur government to share details of the properties in the state that have been destroyed, burnt, looted or encroached upon during the violence that began in May 2023.

๐Ÿ—ฃ๏ธ The Court has also instructed the Justice Gita Mittal Committee, which is monitoring rehabilitation in the state, to share its report with the petitioners: https://bit.ly/3VuHh2a

๐Ÿ‘จ๐Ÿปโ€โš– Last week, Justice A.S. Oka expressed disapproval against the reinstatement of DMK leader Senthil Balaji in the Tamil Nadu cabinet just months after he was granted bail in an ED case in September 2024.

๐Ÿ—ž Our latest newsletter explores how Balajiโ€™s case could set a crucial precedent in PMLA jurisprudence: https://bit.ly/3DixFBd
๐ŸŒผ Good Morning!

๐Ÿ‘จ๐Ÿปโ€โš–๏ธ Yesterday, for the first time since he took oath, Chief Justice Sanjiv Khanna's Court heard the Kolkata hospital rape and murder case. The Court had taken suo moto cognisance of the case in August 2024.

๐Ÿฅผ The Court received updates on the CBI's investigation and the National Task Force's report for the safety of doctors. The judges directed all stakeholders to submit their suggestions to the Task Force as soon as possible: https://bit.ly/3ZQj6hq

๐Ÿ“‰ Last month, in a bid to decrease pendency, CJI Khanna announced that the Court would not hear regular matters "till further notice" (they will resume in January 2025). Did this move increase case disposals in November? Read: https://bit.ly/3BoYzqy
๐Ÿ“ฐ Good Morning!

๐Ÿ›๏ธ Today, a Special Bench led by CJI Sanjiv Khanna will hear petitions concerning the Places of Worship Act. The law prohibits changing the โ€œreligious characterโ€ of places of worship from their position as of 15 August 1947: https://bit.ly/41vW3d0

โš–๏ธ On Monday, the Court directed the Manipur government to provide details of the properties destroyed during the ethnic violence in the state and sought a response on the rehabilitation measures undertaken so far: https://bit.ly/49wkvN8

โœ’๏ธ On 8 November, the top court laid down parameters to recognise the minority status of an educational institution. The criteria will help determine the status of Aligarh Muslim University. Here's our judgement summary: https://bit.ly/3VXldO7
๐Ÿชด Good Morning!

๐Ÿ›๏ธ Yesterday, the Supreme Court heard petitions challenging the Places of Worship Act, 1991, which bars any changes to the religious character of a place of worship as it stood on 15 August 1947

๐Ÿ—ฃ๏ธ The Court directed the Union government to file a reply within four weeks and imposed a stay on any new suits seeking surveys of places of worship across the country. It also directed that no further orders will be passed in other pending litigations. More in our report: https://bit.ly/3ZSo2C4

๐Ÿ—“๏ธ In November, Chief Justice D.Y. Chandrachud retired and CJI Sanjiv Khanna took over. The month also saw the loop close on several significant Constitution Bench cases. Our monthly review: https://bit.ly/3BtgL2w
๐Ÿ—ž Good Morning!

โ„ Today, the Supreme Court will continue monitoring the air pollution crisis in the Delhi National Capital Region.

๐Ÿƒ Last week, given the improving air quality, the top court shifted focus from damage control to long-term sustainability. Read our round-up of the latest hearings on the air pollution crisis here: https://bit.ly/49CYM6c

๐Ÿ›๏ธ Have you read our latest newsletter on the death penalty yet? Recent decisions of the top court acknowledge the need for procedural reform but there is no sign of an all-important Constitution Bench case. Read more here: https://bit.ly/4gftRQ2
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๐ŸŒผ Good Morning!

๐Ÿ•Œ Today, the Supreme Court is scheduled to hear the Gyanvapi title matter. We trace the origins of the dispute: https://bit.ly/41Gu1vd

๐Ÿ›• Petitioners claim that the Mughal emperor Aurangzeb constructed the mosque after destroying part of the Kashi Vishweshwara temple.

๐Ÿ› The mosque's management committee has argued that a survey of the mosque was violative of the Places of Worship Act, 1991, which states that the character of a place of worship shall shall remain as it was on 15 August 1947: https://bit.ly/3ZzjW0u

๐Ÿ›๏ธ Last week, the Supreme Court stayed the filing of new suits seeking surveys of places of worship and directed that no further orders will be passed in pending litigations: https://bit.ly/3ZSo2C4
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๐ŸŒฑ Good Morning!

๐Ÿ’จ Today, the Supreme Court will continue monitoring the air pollution and solid waste management crisis in Delhi. Earlier this week, the Court had summoned the Chief Secretary of Delhi to explain the delay in providing data on compliance with the solid waste management rules: https://bitly.cx/NHmpq

๐Ÿƒ In addition to monitoring measures aimed at improving the depleting air quality, the Court is also looking into the broader factors contributing to the crisis to ensure sustainable, long-term solutions: https://bit.ly/49CYM6c

๐Ÿ› The Court has also come down heavily on the Delhi and Union governments for systemic failures in managing the crisis, even warning contempt proceedings for non-compliance with its directions: https://bit.ly/3BeK2O6
๐ŸŒฟ Good morning!

๐Ÿ—“ Today is the Supreme Court's last working day before it breaks for winter vacation. Yesterday, a circular by the Court stated that from January 2025, regular matters will be listed on Thursdays. Read how CJI Sanjiv Khanna's listing reforms shook up the Court's functioning in the year's final few weeks: https://bit.ly/3VJpMeM

๐Ÿ“ˆ Earlier this month, we recorded that CJI Khanna's decision to halt regular hearings increased disposal rate by 16 percent in November. Read more: https://bit.ly/41Kjq2q

๐Ÿ”Ž COMING SOON | Stay tuned for our exclusive list of the top 10 judgements of 2024 - cases that created impact and shifted jurisprudence. Meanwhile, revisit our list of the most significant judgements from last year: https://bit.ly/41D197b
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โ˜€ Good afternoon!

๐ŸŽ‰ As mentioned in our morning broadcast, today marks the last working day of the Supreme Court in 2024! We also hinted at an exciting drop. It's here now. Our list of the top 10 judgements of the year!

๐Ÿ“ƒ Out of over 950 verdicts this year, we picked the ones that could potentially have a lasting impact on politics, economy and society.

๐Ÿ“– Read it now: https://www.scobserver.in/journal/supreme-court-review-top-10-judgements-of-2024/

โž• There's another list to look forward to. An "alt list" of five decisions that didn't make it to the Top 10 but which our reporters believe should not slip under the radar. You can read about them in our Saturday desk brief. Have you subscribed yet? https://bit.ly/402MoJt
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๐ŸŒŸ Good Morning!

๐Ÿ—“๏ธ The Supreme Court is officially on winter vacation from today until 2 January 2025. Our package of year-ender content includes several thematic reviews of the Court.

๐Ÿ“ˆ This year, the Court exercised its suo moto jurisdiction in 12 cases, the highest ever since its establishment. Our data analysis shows that the last 5 years account for over half of the 66 suo moto cases in the last 20 years: https://bit.ly/4frIdeJ

๐Ÿ—ณ๏ธ 2024 was a general election year. We revisit notable judgements and petitions that occupied the top courtโ€™s attention in election season: https://bit.ly/49OH3Zw

๐Ÿ›๏ธ We've also put together a list of 10 judgements of 2024 which could potentially impact large constituencies of the population: https://bit.ly/4gtAxdj
๐Ÿƒ Good Morning!

Last week, before its winter break commenced on 20 December, the Supreme Court issued the following orders:

๐ŸŽผ An interim order preventing Carnatic musician T.M. Krishna from being recognised as the recipient of the Sangit Kalanidhi M.S. Subbulakshmi Award. Read Advocate on Record Chitranshul Sinha's article on this unique case: https://bitly.cx/lst6

๐Ÿ’จ In the Delhi-NCR pollution matter, the Court demanded accountability on waste management, firecrackers, and payments to construction workers. The Court will follow-up on the implementation of its directions in January 2025. Our report: https://bitly.cx/d80Lp

๐Ÿ”Have you caught up with our list of *Top 10 Judgements of the Year*?: https://bitly.cx/iqS78
๐ŸŒŸ Good Morning!

๐Ÿ“ As part of our year-ender reviews, weโ€™ve published two new articles focusing on child rights and religious freedom.

๐Ÿ›ก๏ธ This year, the Court filled legislative gaps, put social media platforms under scrutiny, and intervened for children from minority communities. Read more: https://bit.ly/49REK88

๐Ÿ•Œ We also listed significant cases addressing religious and cultural rights in a polarising environment: https://bit.ly/3BMqIIq

โ“Also, do read our year-ender reviews on:

1) The Courtโ€™s suo moto powers: https://bit.ly/4frIdeJ
2) Election-related cases: https://bit.ly/49OH3Zw
3) Top 10 Judgements of 2024: https://bit.ly/4gtAxdj

๐Ÿ“– Happy reading!
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