This week in Indian law: The Supreme Court observed that it is paradoxical the right to vote is not recognised as a fundamental right. SEBI proposed a comprehensive overhaul of the Total Expense Ratio framework for mutual funds. Parliament's Monsoon Session commenced on July 20 with a packed legislative agenda. 5 significant legal developments this week across constitutional rights, securities regulation, and legislative policy.
Top story
SC Observes Right to Vote Paradoxically Not a Fundamental Right
Category: constitutional-rights | Date: 20 July 2023 | Source: SCC Online
A bench of Justices Sanjiv Khanna and S.V.N. Bhatti in Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao observed that it is paradoxical that the right to vote has not been recognised as a fundamental right under the Constitution, despite democracy being an essential feature of the basic structure. The observation came while examining electoral disputes under the Representation of the People Act, 1951 and Article 326 of the Constitution.
Why it matters: While an obiter dictum rather than a binding holding, this observation from a Supreme Court bench signals potential future evolution of election law jurisprudence. If the right to vote were ever elevated to fundamental right status, it would transform the framework for electoral challenges and voter protection across India.
Read more: Veritect analysis
Regulatory updates
SEBI Proposes TER Overhaul for Greater Mutual Fund Transparency
Regulator: SEBI | Date: July 2023
SEBI advanced its proposal for a comprehensive overhaul of the Total Expense Ratio (TER) framework for mutual funds, building on its May 2023 consultation paper. The proposed changes aim to bring greater transparency to expense structures, protect retail investors from hidden charges, and align India's mutual fund fee framework with global best practices.
Key point: The TER overhaul would affect every mutual fund house and millions of retail investors by capping and restructuring how fund management fees are charged and disclosed.
Legislative and policy developments
Parliament Monsoon Session Commences With Packed Agenda
Date: 20 July 2023
The Monsoon Session of Parliament commenced on July 20, 2023. The government's legislative agenda included the Digital Personal Data Protection Bill (India's first comprehensive data privacy law), the Government of NCT of Delhi (Amendment) Bill (effectively overriding the Supreme Court's May 2023 verdict on Delhi governance), the Jan Vishwas Bill (decriminalising 183 offences across 42 laws), and the Mediation Bill (India's first standalone mediation framework).
Key point: The Monsoon Session would become one of the most legislatively consequential sessions in recent Parliamentary history, with four landmark Acts enacted by early August.
Also this week
- Manipur violence continues to escalate — The ethnic violence in Manipur entered its most grave phase following viral videos of sexual assault. The Supreme Court was preparing to take suo motu cognisance. LiveLaw
- Article 370 hearing continues — The Constitution Bench hearing on the abrogation of Article 370 continued its marathon sessions before the five-judge bench led by CJI Chandrachud. SC Observer
Looking ahead
- Late July: SC expected to take suo motu cognisance of Manipur violence
- Early August: Parliamentary votes expected on DPDP Bill, NCT Delhi Bill, Jan Vishwas Bill
- August: Parliament Monsoon Session scheduled to conclude around August 11
This is the Veritect Weekly Legal Roundup for Week 29 of 2023. For daily updates, visit our legal news page. Subscribe to receive this roundup every Monday morning.
Veritect provides this content for informational purposes and does not constitute legal advice.