Common Cause Case Updates
Public Interest Litigation
Supreme Court Cases
Petition to Completely Ban Export of Iron Ore: Common Cause filed a writ petition in April 2021, to completely ban the export of iron ore (whether in the form of pellets or otherwise). Alternatively, it sought the levy of export duty of 30%, on the export of iron ore in all forms, including pellets (except pellets manufactured and exported by KIOCL, formerly known as Kudremukh Iron Ore Company Limited). The petition also prayed to initiate proceedings under Section 11 of the Foreign Trade (Development & Regulation) Act, 1992 and Section 135(1) of the Customs Act, 1962. In addition, it sought the levy of appropriate penalties as per law against mining companies exporting iron ore pellets in contravention of the provisions of India’s export policy.
By exporting iron ore pellets, they have been evading the duty chargeable on the commodity. The petition prayed for a thorough and independent investigation into the role of public officials in allowing the same. Notice was issued on September 24, 2021, directing the respondents to file their response within four weeks from the date of the order. The UOI filed its response on November 11, 2021, which was taken on record by the Court. The matter was taken up on subsequent dates.
However, on May 21, 2022, the government increased the export duty from 0% to 45% on iron ore pellets. Recently, the export duties on certain steel products and iron ore imposed in late May were removed and the duty on iron ore pellets was reduced to nil again. The matter was taken up on January 17, 2023, and after hearing the counsels, the Court directed the matter to be listed for March 29, 2023. On the said date the Court heard the IAs filed by the parties and directed the matter to be listed for May 9, 2023. The matter was taken up on May 9, 2023, by the bench of Justice Bopanna and Justice Dutta who recommended the matter be listed on a non-miscellaneous day in the 3rd week of July, 2023. On October 16, 2023, the matter was mentioned before the Court and the matter was directed to be listed on November 7, 2023, when the Court heard the counsels and directed the matter to be listed for January 23, 2024. The matter was listed on April 9, 2024, when the court directed to complete the pleadings. On July 30, 2024, exchange of pleadings was completed. The UOI submitted that the Writ Petitions are wholly misconceived as the matters pertain to the Export-Import Policy of the Union Government. Moreover, because of the time-to-time change of policy, there can be no Court intervention on the policy of export of a particular commodity and whether it is to be freely exported or exported only on payment of customs duty. On September 3, 2024, the matter was adjourned due to ill health of one of the petitioners. The matter is likely to be listed on October 15, 2024.
Petition Seeking Directions to Implement the Recommendations of the National Electric Mobility Mission Plan, 2020 (W.P. (C) 228/2019)
Common Cause has partnered with CPIL and Jindal Naturecure Institute to seek directions for the implementation of the recommendations of the National Electric Mobility Mission Plan, 2020, promulgated in 2012 by the Ministry of Heavy Industries (nodal agency for the automobile sector), and the recommendations of Zero Emission Vehicles: Towards a Policy Framework, promulgated in September of 2019 by the Niti Aayog to curb the problems of Climate Change, Air pollution, and the cost of importing fossil fuels to India.
This petition has been filed under Article 32 as the fundamental rights of citizens to health and clean environment guaranteed under Article 14 and Article 21 of the Constitution of India.
On March 5, 2019, taking note of the contentions of the petitioners, the court ordered the government to apprise it of the status of implementation of the FAME-India scheme.
On January 17, 2020, the Ministry of Road Transport & Highways of India through its Secretary was impleaded as a respondent in the petition and the Bench issued a notice to the ministry.
On February 19, 2020, the bench consisting of CJI and Justices Gavai and Surya Kant observed that issues pertaining to the source of power of public and private electric vehicles have a great impact on the environment of the whole country and all such issues must be discussed simultaneously. The court sought the assistance of authorities empowered with decision-making specifically on the following:
procurement of electric vehicles; providing charging ports; feebate system, i.e., imposing a fee on vehicles with high emissions and providing a subsidy on electric vehicles; use of hydrogen vehicles; any other alternate means of power for vehicles; overall impact on import and environment.
On March 11 2024, the matter was heard along with suo motu writ petition (c) no. 4/2019 by the Coram of Justice Surya Kant and KV Vishwanathan. The respondents were granted four weeks to file the counter affidavit.
On May 6 2024, upon hearing, the court granted four weeks to the respondents as requested. On July 22, 2024, upon hearing the counsel the Court granted four weeks to Mr. Devashish Bharukha, learned Senior Counsel representing the UOI to file the counter affidavit, along with all the policy decisions taken by the UOI from time to time to promote electric vehicles. The court also impressed upon Mr. Bharukha to inform the learned Attorney General for India to assist the court in the matter on the next date of hearing.
Fair Working Conditions for Domestic Workers:
Common Cause, the National Platform for Domestic Workers (NPDW), and Aruna Roy filed a writ petition in the Supreme Court seeking fair and humane working conditions for domestic workers. The petition prays to recognise domestic work as “service for pay,” establish guidelines for their human rights protection and direct the government of India to implement measures such as minimum wage notification, compulsory leaves, maternity benefits, collective bargaining, first response complaints authority, and socio-economic rights like pension and healthcare.
Admitted on November 22, 2018, the Supreme Court’s division bench on July 10, 2024, directed the petitioners to withdraw the petition with the liberty to file a fresh one considering developments since 2018.
Contempt Petition Against Lawyers Strike:
The contempt petition filed by Common Cause against the strike of lawyers in Delhi High Court and all district courts of Delhi on the issue of conflict over pecuniary jurisdiction has led to the submission of draft rules by the Bar Council of India (BCI).
On January 24, 2024 The BCI counsel had stated that the rules may be examined by the Court and the suggestion of the court, if any, shall be accepted by the BCI without any condition.
On February 6, 2024, arguments by the counsels were heard by the court. On February 9, 2024, the court appointed Justice Muralidhar, as Amicus, to examine the rules in the context of the existing judgments and objections and to submit his report. On May 3, 2024, the matter is ordered to be listed on August 13, 2024.
On August 27, 2024, Dr. S. Muralidhar, learned Senior Counsel submitted that as Amicus Curiae, he had held a hybrid meeting with the Bar Council of India on April 29, 2024, and given suggestions which were also put in writing. Though the Bar Council of India had taken a stand that it would consider the suggestions in its meeting, but no such meeting was convened. The counsel for the BCI requested that the Amicus Curiae should forward his formal report to it. The Court observed that considering the nature of the issues involved, such modalities were required for the reason that ultimately, the final suggestion/ report by the Amicus Curiae would be submitted to the Court after considering the suggestions given by the BCI. Accordingly, the Court requested the BCI to hold a meeting within four weeks from the date of the hearing and provide its response to the Amicus Curiae who would then submit his final report to the Court within the next four weeks. The matter is likely to be listed on November 5, 2024.
