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Supreme Court resumes physical hearings, after a two-year hiatus; A look at key rulings!

After a two-year hiatus, India’s Supreme Court resumed full-fledged physical hearings on Monday, after having to convert to virtual hearings because of the country’s rising Covid cases. On March 30, Chief Justice NV Ramana stated that physical hearings will begin on April 4th. ‘From Monday forward, we will be completely operational,’ he stated.

The Chief Justice further remarked that if the advocates wish, virtual hearings will continue on Mondays and Fridays. The Supreme Court previously held physical hearings on Tuesdays, Wednesdays, and Thursdays, as well as videoconference sessions on Mondays and Fridays. Despite the fact that the COVID-19 outbreak initially delayed its functioning, the Supreme Court’s readiness to adopt technology without previous experience meant that the doors of justice remained open to the people even in the most trying of conditions.

1,022 benches were set up during the 100-day shutdown from March to August 2020. According to the Hindustan Times, more than 15,000 issues were discussed, with 4,300 of them being settled. During that period, over 51,000 lawyers contested their cases through videoconference until August 2020. The Supreme Court currently hears more than 150 cases through virtual hearings every day, according to the publication. During its virtual tenure, the Supreme Court issued some of the most landmark judgments and resolved numerous major legal issues.

Internet connectivity is a constitutional right;
Following the removal of Article 370, which had provided the erstwhile state with exceptional powers, a three-judge court ruled against the internet ban in Jammu and Kashmir in the first month of 2020. The verdict did not require the restoration of services due to security concerns. However, it did establish an irrefutable precedent that the freedom to access the internet is a basic right by extension. As a result, it can be sought as such before a constitutional court. The court also stated that every gag order must be justified and must be reviewed by the authorities involved.

Political parties must reveal criminal records; 
In a huge boost for electoral reforms, the Supreme Court ordered political parties to publish the whole criminal record of their candidates running in state and national elections. It also urged the parties to explain why they were fielding suspected offenders. The court ordered that the material be published in both a local and a national newspaper, as well as on the parties’ social media accounts. The court stated that it shall be publicized either within 48 hours of the selection of candidates or less than two weeks before the first day for filing nominations, whichever is sooner.

About cryptocurrencies;
The Supreme Court overturned a Reserve Bank of India (RBI) circular published in 2018 that imposed a blanket prohibition on financial services for virtual currency. The court said that the 2018 circular was irrational and disproportionate to the goal desired by the RBI. It cleared the path for a cryptocurrency regulation framework in India rather than a full prohibition. According to the 2018 circular, organizations regulated by the RBI are forbidden from providing any service linked to virtual currencies. This includes those related to the transfer or receipt of money in accounts relating to the purchase or sale of virtual currencies.

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