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Orders/ Judgments
1. Great Indian Bustard: Supreme Court in its judgment on undergrounding of power lines in priority areas of Great Indian Bustard, in the parts of Gujarat and Rajasthan, directed (i) undergrounding in the areas feasible (ii) installation of diverters pending consideration of undergrounding (iii) constituted a three member committee to evaluate the same. Top Court directed the respondents to proceed with undergrounding of power-lines in the areas possible and further allowed an interim relief of installation of diverters. A 3-member committee has been formed to evaluate the same. Observation: NA Bench: Chief Justice SA Bobde, Justices AS Bopanna & Ramasubramaniun Click here to read Order Click here to read Coverage
2. Siddique Kappan - Hathras: Supreme Court allowed shifting Siddique Kappan to AIIMS/RML or any other Government Hospital in Delhi. At the time, Kappan was allegedly COVID positive and was denied humane treatment by the hospital authorities. Observation: “Whether there is any Jurisdictional embargo on the Court to grant an alternative relief of bail, while hearing a Habeas Corpus petition?” Bench: Chief Justice NV Ramana, Justices Surya Kant and AS Bopanna Click here to read Coverage Click here to read Order
3. SOS Citizens calls for help - Covid 2nd Wave: There should not be any coercive action against any citizen for putting out an SOS call on social media seeking medical help for COVID, said the Supreme Court. Observation: We don’t want any clampdown of information” Bench: Justices D.Y. Chandrachud, L. Nageswara Rao and S. Ravindra Bhat Click here to read Order Click here to read Coverage4. CoVID crisis management PAN India [In Re Essential Supplies]: Supreme Court directed Central Government to take responsibility for providing guidance to every state on supply of vaccine, consider revisiting its current vaccine policy to ensure that it withstands the scrutiny of Articles 14 and Article 21 of the Constitution, noting that tit did not agree with the viability of leaving the responsibility on the states to procure the vaccinations for the age group of 18-44 years. Observation: “Leaving the State Governments to negotiate directly with manufacturers will produce chaos and uncertainty” Bench: Justices DY Chandrachud, LN Rao & S Ravindra Bhatt Click here to read order Click here to read Coverage
5. CBSE Boards - conduct of physical examination: Supreme Court directed the Centre to give good reason in case they depart from the policy adopted last year in relation to class 12th board exams. Observation: “The situation was almost similar last year too.” Bench: Justices AM Khanwilkar and Dinesh Maheshwari Click here to read Order Click here to read Coverage
6. Maratha Quota: Top Court observed that the Constitution Bench judgment of this Court in Indra Sawhney neither needs to be revisited nor referred to a larger Bench for consideration. Top Court held that 102nd Constitution Amendment abrogated the power of states to identify "Socially and Educationally Backward Classes (SEBCs)" by a 3:2 majority decision. Bench: Justices Hemant Gupta, Nageswara Rao, Ashok Bhushan, S. Abdul Nazeer & Ravindra Bhat; Concurring - Justice S Ravindra Bhat Observation: “Indira Sawhney binds us” Click here to read Judgment Click here to read Coverage [Review Petition by Centre dismissed on June 1]
7. Maratha Quota Review: Supreme Court dismissed Centre’s review petition challenging the Court’s interpretation of the provisions of the 102nd Constitution Amendment Act, 2018. The majority judgment [Of May 5, 2021] which was put up for review that after the introduction of Articles 338B and 342A to the Constitution "the final say in regard to inclusion or exclusion (or modification of lists) of SEBCs is firstly with the President, and thereafter, in case of modification or exclusion from the lists initially published, with the Parliament". Observation: “Review grounds Already been dealt with in main judgment” Bench: Justice A Ashok Bhushan, L Nageshwar Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat Click here to read Order Click here to read Coverage
8. Vinod Dua - Sedition: Supreme Court allowed Senior Journalist Vinod Dua’s plea seeking quashing of FIR against Sedition charges, while rejecting the second prayer of constituting a committee to approve registration of FIR for media persons with a standing of 10 years or more. For the second prayer of issuing direction to each State for constituting a committee to monitor registration of FIR against Senior Media Persons, Court said that this would amount to encroachment upon the field reserved for the legislature. Observation: “Nothing defamatory said by the petitioner and neither was it a case of public nuisance, not made out any prosecution” Bench: Justices UU Lalit and Vineet Saran Click here to read Judgment Click here to read Coverage
9. INC Toolkit: In a plea filed by Advocate Shashank Shekhar Jha, seeking investigation of Toolkit by NIA and suspension of registration of Respondent 1, Indian National Congress if found implicated in doing anti-national acts, Supreme Court said denied to intervene. Observation: “If you don't like Toolkit, Ignore it. It is a part of the political party” Bench: Justice DY Chandrachud and Justice MR Shah Click here to read Order Click here to read Coverage
10. West Bengal Violence: Supreme Court issues notice in plea seeking SIT probe into the West Bengal Post Poll Violence, after the already pending plea moved by Biswajit Sarkar seeking a similar relief. Seeks response from the Centre, State of West Bengal and Election Commission of India. Observation: NA Bench: Justices Vineet Saran and Dinesh Maheshwari Click here to read Order Click here to read Coverage11. Tribunal Reforms Ordinance: By ratio of 2:1, Top Court struck down the provisions of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 (“Tribunals Reforms Ordinance, 2021”) which fixed the term of members of various tribunals as four years. Observation: “The term violates the express directions given earlier judgement” Bench: Justices LN Rao and S Ravindra Bhat, dissenting view by Justice Hemant Gupta Click here to read Judgment Click here to read Coverage
12. Sedition Laws: Supreme Court gives 14 days’ time to the Centre to file an affidavit in plea challenging Section 124A IPC. The Court in April had agreed to examine the Constitutional Validity of the Law on Sedition. It was to be heard on July 27 but was adjourned on the said date. Bench: Justices UU Lalit and Ajay Rastogi Click here to read Order. Click here to read Coverage
13. Part VII Of Finance Act: Supreme Court issued notice in a plea challenging Part VII Finance Act and has tagged it with a case on the aspect of whether the said amendment could have been passed at all, to be heard by a 7-judge bench. Observation: NA Bench: Justices L. Nageswara Rao and Hrishikesh Roy, Click here to read Order. Click here to read Coverage14. Gautam Gambhir Stockpiling: Supreme Court refused to grant relief to Gautam Gambhir Foundation in terms of an ongoing enquiry by the Drugs Controller, for allegedly stocking and distribution of COVID 19 drugs during the Second wave. Court directed the petitioner to approach the High Court. Observation: “This is not the case for our interference. An individual cannot distribute medicines like that. These are banned drugs.” Bench: Justices DY Chandrachud and MR Shah Click here to read Coverage15. Cooperative Societies: Supreme Court declared Part IX B of the Constitution of India as unconstitutional in as much as it curtailed State’s exclusive power to make laws with regard to the subject of co-operative societies operating within a state. Observation: NA Bench: Justices RF Nariman and BR Gavai; dissent by Justice KM Joseph Click here to read Judgment Click here to read Coverage
16. Journalist booked under NSA: Supreme Court orders immediate release of Manipur Activist Leichobam Erendro, detained under NSA for his alleged Facebook Post. Observation: “We are of the view that the continued detention of the petitioner is in violation of Right to Life and personal liberty under Article 21” Bench: Justices DY Chandrachud and MR Shah Click here to read Order Click here to read Coverage
17. NDA Exam for Women: Supreme Court allowed Female candidates to appear for NDA exam, scheduled for September 5, 2021. The bench called out the policy of not allowing women in NDA - gender discriminatory. Observation: “A more constructive approach must be adopted by Union in light of the March 2021 decision, consider Gender Neutrality/ Don’t force us to intervene everytime” [Court was referring to Secretary, Ministry of Defence v. Babita Puniya [2020 (7) SCC 469] Bench: Justices SK Kaul and Hrishikesh Roy Click here to read Order Click here to read Coverage
18. Non-appointment of Judges: Supreme Court in its Order dated August 9, 2021, expressed discontent on the Government’s lackadaisical attitude in appointing Judges despite clearance of names by the Collegium. Observation: “We have put to the learned ASG that the recommendations take months and years to reach the Collegium and thereafter months and years no decision are taken post the Collegium Bench: Justices SK Kaul and Hrishikesh Roy Click here to read Order Click here to read Coverage
19. Compensation for late trains: Supreme Court held that if railways fail to provide evidence and explain late arrival of a train and that if it is unable to establish that delay occurred because of reasons beyond its control, they would be liable to pay compensation to the passenger. Observation: “Citizens cannot be left at mercy of administration” Bench: Justices MR Shah and Aniruddha Bose Click here to read Judgment Click here to read Coverage
20. NCLAT Chairman, Cheema: Supreme Court disposed of a plea filed by Justice AIS Cheema, challenging the decision of the Government curtailing his tenure as the Attorney General KK Venugopal informed the bench that they are reinstating Justice Cheema till September 20. Observation: NA Bench: Chief Justice NV Ramana, Justices Surya Kant and Hima Kohli Click here to read Coverage
21. Bengal Violence: Top Court issued notice in a plea by State of West Bengal challenging the order of the Calcutta High Court which directed the Central Bureau of Investigation to take over the investigation into the post-poll violence cases of serious nature from the state machinery on September 28. [Adjourned since] Centre has filed an affidavit stating that the consent of state not a prerequisite to carry forward investigation. Observation: NA Bench: Justices Vineet Saran and Aniruddha Bose Click here to read Coverage
22. Farmer Death - Fake news: Supreme Court granted two months protection to the a news Portal called The Wire and to three of its reporters from three FIRs registered against them by Uttar Pradesh Police. Court was hearing a writ petition filed by Foundation for Independent Journalism (the company which owns "The Wire") and Seraj Ali, Mukul Singh Chauhan and Ismat Ara, employees of the Wire. Observation: “Should have approached High Court” Bench: Justices L Nageswara Rao, BR Gavai and BV Nagarathna Click here to read Order Click here to read Coverage
23. Assam Baghjan Oil Fire: Supreme Court reconstituted the Committee formulated by the National Green Tribunal to probe into the Assam Baghjan Oil Well fire. Observations: “Names suggested earlier already involved in operations” Bench: Justices DY Chandrachud, MR Shah & Hima Kohli Click here to read Order Click here to read Coverage
24. Tribunals Reform Bill: The Supreme Court asked the Central Government to expedite Tribunal Appointments and come back before Top Court with an affirmation on the appointments to Tribunals by Monday. The Bench appeared visibly upset over the Tribunal Reforms Act, 2021 and the Legislation's tenets which reduce the members and chairpersons in Tribunals but added that it did not want any confrontation with the Government on the issue. Observation: "We are upset, what else can we say, this is in disregard to our judgment (Madras Bar Association Case)," said the CJI. Bench: Chief Justice of India NV Ramana, Justices DY Chandrachud & LN Rao Click here to read Order Click here to read Coverage24. Challenge to Maternity Benefit Act: Top Court issued notice on PIL to Centre in a plea challenging vires of section 5 (4) of Maternity Benefit Act, 1961, on ground that it makes maternity benefits of the adoptive mother conditional on the age of the child being adopted. Observation: “Petition just, should have gone to HC” Bench: Justices Abdul Nazeer and Krishna Murari Click here to read coverage
26. OCI Admissions for Medical seats (UG): Top Court allowed overseas citizens of India (OCI) to be considered for admissions to all open category undergraduate medical seats for the academic year 2021-22, at par with Indian citizens. Observation: “India known for its inclusiveness, look at what ‘your’ CAA does” Bench: Justices S Abdul Nazeer and Krishna Murari Click here to read Order Click here to read Coverage
27. Accommodation for Kashmiri Migrants: Top Court said that Office Memorandum allowing government accommodation to the retired Government employees who were Kashmiri Migrants, did not meet the touchstone of Article 14 of the Constitution of India. Observation: “No justification to allow Kashmiri migrants to stay in Government accommodation for indefinite period” Bench: Justices Hemant Gupta and AS Bopanna Click here to read Order Click here to read Coverage
28. Pegasus Petitions: Supreme Court appointed a committee headed by Justice RV Raveendran (Retired SC Judge), while rejecting the plea of the Union of India to allow them to appoint an Expert Committee for the purposes of investigating the allegations. Observation: Justice must not only be done but must also be seen Bench: Chief Justice of India NV Ramana, Justice Surya Kant and Justice Aniruddha Bose Click here to read Order Click here to read Coverage
29. Women in Army: After the Supreme Court warned the Indian Army of contempt action against Army Chief of Staff MM Naravane over the alleged delay in grant of permanent commission to women officers in army, ASG Sanjay Jain on behalf of the army submitted that the contempt petitioners will be granted Permanent Commission (PC). Observation: "The army might be supreme in its own right but the constitutional court is equally supreme” Bench: Justices DY Chandrachud & AS Bopanna Click here to read Order Click here to read Coverage
30. Wheat Based nutrition program: Inviting fresh tenders for transporting Rice & other micronutrients under the Wheat Based Nutrition Programme (WBNP), from Food Corporation of India’s depots in the State of Manipur, to the offices of Child Development Project Officers and to continue the contract without inviting fresh tenders on the basis of the Notice Inviting Tender (NIT) issued in June 2017 a glaring example of lethargy on the part of the State Government, Supreme Court opined. Observation: “Such action causing huge loss to public exchequer” Bench: Justices MR Shah and AS Bopanna Click here to read Order Click here to read Coverage
31. National Highway-72 Expansion: Supreme Court stayed the felling of trees for the improvement and expansion of National Highway-72 from Delhi to Dehradun till November 26 while directing the National Green Tribunal to decide the said action afresh.Observation: “NGT passes unsatisfactory orders, must apply its mind” Bench: Justices DY Chandrachud, Surya Kant and Vikram Nath Click here to read Order Click here to read Coverage
32. Centre’s challenge to Delhi’s door to door ration service: Top Court while disposing off the plea by Centre against the interim order of Delhi High Court which permitted door to door delivery of rations and limiting the supply of rations to fair price shops, requested the High Court to decide the case on November 22, 2021. Observation: “We are informed by Dr. Singhvi (for Delhi Government) that the implementation of the scheme will take some time” Bench: Justices Nageshwar Rao and B.R.Gavai Click here to read Order Click here to read Coverage
33. Challenge to UAPA: Supreme Court issued notice in a plea challenging validity of the Unlawful Activities Prevention Act, 1967. The bench issued notice upon the Union and tagged it with similar plea's. Observation: Tagged with similar plea’s [WP (C) No. 1076 of 2019] Bench: Chief Justice of India NV Ramana, Justice DY Chandrachud & Surya Kant Click here to read Order Click here to read Coverage
34. Lakhimpur Kheri Violence: Supreme Court appointed Justice (Retd) Rakesh Kumar Jain of Punjab and Haryana High Court to monitor investigation in the Lakhimpur Kheri Violence incidents. The Court has also asked the UP government to reconstitute the Special Investigation Team (SIT) to include IPS officers S.B.Shirodkar, Deepinder Singh and Padmaja Chauhan. Observation: “Justice must not only be done, but also be seen and perceived to be done” Bench: Chief Justice of India N.V.Ramana and Justices Surya Kant and Hima Kolhi Click here to read Order Click here to read Coverage
35. Tripura Violence: Supreme Court passed an affirmative ad interim order in a plea by All India Trinamool Congress (AITC), seeking a direction to the authorities in the state of Tripura "to discharge their constitutional and statutory duty of ensuring the maintenance of security and safety before the upcoming Municipal elections". Court directed the authorities in Tripura to consider the complaint's of the AITC and enable "smooth conduct of elections". Observation: “We expect that necessary arrangements to be put in place by the authorities” Bench: Justices DY Chandrachud, Surya Kant &Vikram Nath Click here to read Order Click here to read Coverage
36. Ex-gratia compensation to kin of Covid Victims (Gujarat): Top Court said that the Gujarat Government had attempted to overreach its order while appointing a scrutiny Committee for allowing ex-gratia compensation to the families of persons who died of Covid. Court said that the direction was to constitute the Grievance Redressal Committee and not a scrutiny committee. Observation: “It appears that an attempt has been made to overreach the (June 30) directions issued by this Court” Bench: Justice MR Shah and Justice BV Nagarathna Click here to read Order Click here to read CoverageFurther developments: Court said that it is satisfied with the Gujarat Gujarat government's scheme to provide ex-gratia compensation to the families of those who died of COVID-19 in the State and that the scheme has now been simplified and is in consonance with earlier order of the court. The Centre also assured the top court that it shall formulate an online portal in the next two weeks as well, after Justice MR Shah pointed out the need for the same.
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Order/Judgments (Directions, other Interventions)
1. Oxygen Supply: Supreme Court stayed contempt action against the Central Government by Delhi High Court. Three distinct aspects for the Centre were pointed out for consideration: (1) Methodology for computing the requirement of a State/UT (oxygen per bed and active cases formula); (2) Planning and management of resources; (3) Distribution and Procurement of oxygen. Observation: “Hauling up officers in jail or filing contempt against them will not bring oxygen to the state” Bench: Justices DY Chandrachud & MR Shah Click here to read Order Click here to read Coverage
[3 days later, on May 8, Top Court formulated a National Task Force comprising 12 panel members who shall ensure streamlining of oxygen distribution across the country.]
2. Stranded migrant labourers during pandemic: Supreme Court directed States and UT’s to ensure timely registration of unorganized workers, supply of dry rations, resuming of community kitchens and setting up of suitable mechanism to ensure benefit of Government Schemes are actually reaching the beneficiaries. Observation: “Cash transfer is a matter of policy and scheme framed by each State/Union Territory and no direction for cash transfer can be issued by this Court to any category of person unless they are covered by any scheme formulated by the State/Union Territory. In the affidavits, which are to be filed by the States/Union Territories, details of the schemes regarding cash transfer be also brought on record.” Bench: Justices Ashok Bhushan and MR Shah Click here to read Order Click here to read Coverage
3. Child beneficiaries under PM CARES: Supreme Court directed Centre to identify beneficiaries under PMCares for COVID affected Children and 10 States, namely, Karnataka, Telangana, Maharashtra, Tamil Nadu, Kerala, Rajasthan, Gujarat, UP, Bihar and Jharkhand; Court directed to appoint Nodal officer at the level of Secretary or Joint Secretary to interact with the Amicus and provide all necessary information related to identification of Orphans and the schemes in force. Observation: NA Bench: Justices L Nageswara Rao and Aniruddha Bose Click here to read Order Click here to read Coverage
3. Vaccination policy: Supreme Court sought information from Centre on projected availability of vaccines until 31 December, 2021, Preparedness with respect to specific needs of Children, can State/UTs or Individual local bodies access vaccine supplies of Foreign Manufacturers, factoring in diversion/price difference into their subsequent allocation and disbursal of vaccines to the States, redistribution of vaccines if allotted quota is not picked up by the State/UT/Private Hospitals, etc. Observation: “The judiciary does not possess the authority or competence to assume the role of the executive, which is democratically accountable for its actions and has access to the resources which are instrumental to policy formulation. However, this separation of powers does not result in courts lacking jurisdiction in conducting a judicial review of these policies.” Bench: Justices DY Chandrachud, Ravindra Bhat and Nageswara Rao Click here to read Judgment Click here to read Coverage
4. COVID-19 and prisoners: Supreme Court directed State/UTs to file an affidavit stipulating number of prisoners who lost their lives due to COVID-19. Observation: NA Bench: Justices DY Chandrachud, Ravindra Bhat and Nageswara Rao Click here to read Order. Click here to read Coverage
5. Ex-gratia compensation to kin of Covid Victims: In the Plea seeking Ex Gratia Compensation for families affected with COVID 19 pandemic, Top Court said that word occurring under Section 12 NDMA, be read as “shall” and not “may” as that would defeat the entire objective of the Act and granted Six weeks time to the National Disaster Management Authority to determine the amount which can be paid to the families of each victim. Observation: “We will have to consider the plight of the most common person. Simplify the guidelines” Bench: Justice Ashok Bhushan and Justice MR Shah Click here to read Order Click here to read Coverage
6. Central Vista Project: Supreme Court refuses to interfere with the Delhi High Court decision of refusing to stop the construction work at the CentralVista Redevelopment Project during Covid19 pandemic. Observation:The Court further agreed with the Delhi High Court’s view that the petitioners had “selectively challenged one project without doing any honest research with regards to the other ongoing projects of similar nature in the city”. Bench: Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose Click here to read Order Click here to read Coverage
7. Oxygen Supply: Supreme court audit panel found that the Delhi Government exaggerated the oxygen requirement in the city by more than four times during the peak period of the second wave of Covid-19. This act of Delhi government reflected poorly upon the oxygen supplies to 12 other high caseload states. The task force also said in its report that proactive steps were initiated by Government of India when the first wave of the pandemic hit the country & that it was these steps that quickly helped putting in place mechanisms for production when the second wave came with force. Click here to read Coverage
8. UP’s policy on Age of Superannuation: Supreme Court observed that date of implementation of a particular decision, application of increased age of superannuation in the present case, is a policy matter and the High Court ought not to have entered the same. Observation: “Whether the age of superannuation should be enhanced is a matter of policy/ High Court trenched upon Executive domain” Bench: Justices DY Chandrachud and MR Shah Click here to read Judgment Click here to read Coverage9. Kerala Assembly Vandalism: Supreme Court while rejecting Kerala Government’s plea seeking permission to withdraw cases against prominent leaders of CPM, for Vandalism in State Assembly, observed that Sanction of Speaker is not a prerequisite for initiating prosecution against members of the House. The bench added that Privileges and Immunities cannot be a gateway from escaping prosecution under general law of the land. Observation: “No member of an elected legislature can claim either a privilege or an immunity to stand above the sanctions of the criminal law, which applies equally to all citizens.” Bench: Justices DY Chandrachud and MR Shah Click here to read Judgment Click here to read Coverage
10. Remitting Life Sentences: Supreme Court held that the State Government while exercising powers under Sections 432, 433, CrPC cannot remit or commute a sentence unless the convict has undergone a 14 years of minimum imprisonment. Observation: The action of commutation and release can thus be pursuant to a governmental decision and the order may be issued even without the Governor's approval. However, under the Rules of Business and as a matter of constitutional courtesy, it may seek approval of the Governor, if such release is under Article 161 of the Constitution. Bench: Justices Hemant Gupta and AS Bopanna Click here to read Judgment Click here to read Coverage
11. Vacancies in Consumer Forums: Supreme Court while hearing Suo Motu Writ Petition on Appointments of President, Members, Staff, in Consumer Dispute Redressal Forums, directed all States to notify Rules under Section 44 of the Consumer Act, 2019 and advertise all vacancies, existing and prospective – within 2 weeks as also to fill the same, by maximum 8 weeks. Centre has been issued similar directions with respect to the NCDRC, and further asked to conduct a comprehensive Legislative Impact Assessment over the new Act of 2019. [Following this, on November 10, the Court had taken stock of defaulting states - Andhra Pradesh, Goa, Kerala, Punjab, Rajasthan, Telangana and Uttar Pradesh, Bihar, Gujarat Tamil Nadu, UT’s of Chandigarh, Dadra & Nagar Haveli and Daman & Diu, Delhi, Lakshadweep, Puducherry and Ladakh had not submitted full details] Observation: NA Bench: Justice SK Kaul and Justice Hrishikesh Roy Click here to read Order Click here to read Coverage12. Decriminalising Politics - Directions to ECI: The Supreme Court issued various directions in furtherance of the Constitution bench judgment in Public Interest Foundation and Ors. v. Union of India, (2019) 3 SCC, in its attempt to decriminalise politics such as publication of criminal antecedents on political party websites, dedicated ECI mobile app creation for awareness & responsibility of the ECI for cross-checking whether political parties have not adhered to the norms. Observation: "The nation continues to wait, and is losing patience. Cleansing the polluted stream of politics is obviously not one of the immediate pressing concerns of the legislative branch of government” Bench: Justices RF Nariman and BR Gavai Click here to read Judgment Click here to read Coverage13. Doctors under AYUSH: The Supreme Court observed that ayurvedic doctors covered under AYUSH were also entitled to the benefit of enhanced superannuation age of 65 years at par with allopathic doctors. Observation: “...both under AYUSH and CHS, render service to patients and on this core aspect, there is nothing to distinguish them” Bench: Justices LN Rao and Hrishikesh Roy Click here to read Order Click here to read Coverage14. National Task Force - Covid: Supreme Court asked the Union to place on record the steps taken on policy level to enhance preparedness for the present and future, in pursuance of report by the National Task Force. Observation: “We would expect the Union to place on record the steps observed at policy level to enhance preparedness for the present and foreseeable future.” Bench: Justices DY Chandrachud and MR Shah Click here to read Coverage
15. Adani Gas Distribution network (Gujarat): Supreme Court dismissed Adani Gas’ plea challenging Gujarat government’s decision to operate a distribution network in Sanand, Balva and Dolka. The court also imposed a cost of Rs.10 lakhs on Adani Gas. Observation: “The role of the State in granting No Objection Certificate is only supportive or collaborative, in terms of the Central Government’s policy, of 2006, and cannot confer any advantage to any entity” Bench: Justices UU Lalit, Ravidra Bhat and Bela M Trivedi Click here to read the judgment Click here to read the coverage
16. Vaccinations - Persons lodged in mental healthcare institutions: Supreme Court directed all states and union territories to ensure that its earlier directions of July 6 are complied with and to lay down time bound schedule for facilitation vaccination of all persons lodged in Mental Health Institutions within a period of 1 month. State of UP has simply followed the pattern of redesigning old age homes in each of these districts as half-way homes. Observations: “Modalities of Maharashtra of simply pushing mental health patients to beggars homes left much to be desired” Bench: Justices DY Chandrachud, MR Shah and Hima Kohli Click here to read Order Click here to read Coverage
17. Extension of ED Director’s Tenure: Top Court upheld the order of the Central Government over retrospective extension of tenure of Enforcement Directorate Director, Sanjay Kumar Mishra clarifying that no further extension shall be granted. Observation: “Any extension after attaining age of superannuation should be for short period” Bench: Justices L. Nageswara Rao & BR Gavai Click here to read Order Click here to read Coverage
18. Fiscal Rules: Supreme Court said that even though the formulas enumerated under CGST Act might have some anomalies, the Supreme Court is not in a position to strike down a fiscal rule, duly passed by the legislature. Top Court upheld the validity of Section 54(3) of the CGST Act. Observation: “This court to only intervene/interpret a formula which leads to absurd results/ is unworkable” Bench: Justices DY Chandrachud and MR Shah Click here to read Judgment Click here to read Coverage
19. Appointments in public employment: Supreme Court held that classification made based on educational qualifications for supernumerary appointments to the higher post of Assistant Engineer, is valid. Observation: “...in matters of public policy and public employment, the legislature or its delegate must be given sufficient room to decide the quality of individuals” Bench: Justices D.Y. Chandrachud and Vikram Nath Click here to read Order Click here to read Coverage
20. Farmers Protest - Road Blockade: Supreme Court directed petitioner(s) seeking immediate temporary displacement of mass gathering from the borders of Singhu border (Delhi-Sonepat) to approach the Punjab & Haryana High Court instead. Observation: “Let this court not be the first pitstop for recourse” Bench: Justice DY Chandrachud, Vikram Nath, Hima Kohli Click here to read Order Click here to read Coverage
21. Intermediate Education Act: The Supreme Court while upholding the validity of UP government’s regulation 101 under the intermediate education act held that institutions receiving government aid cannot claim it as a matter of right. Observation: Even in a case where a policy decision is made to withdraw the aid, an institution cannot question it as a matter of right. Bench: Justices Sanjay Kishan Kaul & MM Sundaresh Click here to read Order Click here to read Coverage
22. Ex-gratia compensation to kin of Covid Victims: Supreme Court approved the Centre’s proposal laying down that the kin of those people who had died of Covid shall receive an ex-gratia payment of Rs. 50,000 each, following its June 30 order. This was after the Centre had filed an affidavit stipulating details in the plea seeking the same. A detailed order directing for the same had already been passed on June 30. Observation: NA Bench: Justices MR Shah & AS Bopanna Click here to read Order Click here to read Coverage
23. Rehabilitation of children with special needs: Directions to the central government with regard to employment of teachers and trained professionals in recognized schools for Children/Child with Special Needs (CsWN) and related issues. Court issued notice to the Secretary of the Department of Empowerment of Persons with Disabilities (DEPwD) – Ministry of Social Justice and Empowerment and Secretary, Ministry of Education, both Government of India. Observation: “Dearth of rehabilitation professionals or special teachers recognized and registered by the Rehabilitation Council of India, who alone can impart education and training to handicap person/CwSN” Bench: Justices AM Khanwilkar , Dinesh Maheshwari and CT Ravikumar Click here to read Order Click here to read Coverage
24. Model Builder Buyer Agreement: Top Court sought the ASG’s assistance in a case seeking direction to the Central Government, to frame a 'Model Builder Buyer Agreement' and 'Model Agent Buyer Agreement'. Centre replied to this stating that RERA already has these stipulations in place. Observation: “This is not adversarial” Bench: Justice DY Chandrachud and Justice AS Bopanna Click here to read Coverage
25. Suo Motu: Protection of Children in Shelter homes amid Covid: Supreme Court directed the National Commission for Protection of Child Rights (NCPCR) and States/UT to come up with suggestions regarding the manner in which children in need of care and protection are rescued and rehabilitated. Observation: NA Bench: Justices Nageshwar Rao and B.R.Gavai Click here to read Order Click here to read Coverage
26. Hindustan Zinc Disinvestment: Delivering judgment on a plea by the National Confederation of Officers' Associations, the Supreme Court ruled that the Union of India may disinvest its residual shareholding of 29.5% in Hindustan Zinc Limited (HZL). Court also directed the Central Bureau of Investigation (CBI) to register a regular case as regards the “illegalities” in the disinvestment of 26% shares of HZL by the Union Government in March 2002. Observation: “Full fledged investigation must be conducted by CBI” Bench: Justices D Y Chandrachud and B V Nagarathna Click here to read Judgment Click here to read Coverage
27. Community Kitchens/ Right to Food: Supreme court has granted three weeks’ time to the Union of India to come up with a model Community Kitchens Scheme agreeable to the States/Union Territories. Further directions were issued to all the State Governments/Union Territories to attend the meeting to be organized by UOI so that a scheme can be panned out at a pan-India level. Observation: “Not happy that affidavit filed by Under Secretary to the Government of India, Ministry of Consumer Affairs, Food & Public Distribution instead of a more responsible officer (of the rank of Secretary).” Bench: CJI Ramana and Justices AS Bopanna and Hima Kohli Click here to read Order Click here to read Coverage
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