Monthly Review: March 2026

In March 2026, the Supreme Court reserved judgement in the nine-judge Constitution Bench hearing on the definition of “industry”, and continued hearing on the Special Intensive Revision of Electoral Rolls in West Bengal. 

The Court also delivered a notable decision on passive euthanasia, a controversial verdict on caste identity after religious conversion, and issued notice in the challenge to the IT Rules 2023. 

What is an “industry”? 

On 19 March, a nine-judge Constitution Bench led by Chief Justice Surya Kant reserved judgement on the scope of “industry”, defined under Section 2(j) of the Industrial Disputes Act, 1947. The Court heard arguments over three days from state governments and trade union organisations.

On Day 1, the Bench clarified that it will only determine the correctness of Bangalore Water Supply v R. Rajappa (1978). This will serve as an interpretive guide for matters that have been pending between 1978 and 2020. Appellants, consisting of the Union and state governments, argued for a restricted scope of “industry”. 

On Day 2, the respondents argued that the IDA was a beneficial legislation, and the definition laid down in Bangalore Water Supply extended the beneficial purpose of the IDA. 

The Court reserved judgement on Day 3. 

Our argument matrix provides a snapshot of the submissions provided by both sides. .

Rolling in the deep 

On 10 March, the Supreme Court directed the formation of an appellate mechanism to hear challenges from those whose names were deleted during the SIR exercise in West Bengal. 

On 24 March, the Bench led by CJI Surya Kant directed the parties to approach the Chief Justice of the Calcutta High Court for supervision of the process.

A merciful silence

On 11 March, a Bench of Justices J.B. Pardiwala and K.V. Viswanathan permitted the withdrawal and withholding of treatment for Harish Rana, a 32-year old who was in a permanent vegetative state for 13 years. The Court held that artificial nutrition is a “medical treatment” which may be withheld in the patient’s “best interest”. 

On 24 March, Rana passed away at the All India Institute of Medical Sciences, Delhi. 

Cost of a conversion

On 24 March, the Supreme Court dismissed an appeal challenging a judgement which held that the caste system was alien to Christianity. The Bench held that religious conversion to any religion other than Hinduism, Sikhism or Buddhism results in an “immediate and complete” loss of Scheduled Caste status. Any instance of re-conversion has to be backed by community acceptance with a “complete and unequivocal renunciation”.  

A matter of fact 

On 10 March, the Supreme Court issued a notice in an appeal against the Bombay High Court judgement which held the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Rules 2023) unconstitutional. The High Court had held that a government authorised fact-check unit set up under the Rules was unconstitutional and it imposed restrictions beyond the scope of Article 19(2). 

The Supreme Court refused to stay the judgement of the High Court and directed that the matter be heard by a three-judge bench. 

Books and backlists

On 11 March, a Bench led by Chief Justice Surya Kant blacklisted the authors of a book chapter in the NCERT’s Class 8 Social Sciences textbook that had references to “corruption in the judiciary” and judicial backlog. The Bench had banned the textbook in February. 

Our analysis delves deeper into the challenges against NCERT curriculums. 

At the tip of the needle

On 10 March, the Supreme Court in the case of Rachana Gangu v Union of India (2026) directed the Union of India to formulate a no-fault compensation policy for recognition of deaths allegedly following COVID vaccination while refusing to legally attribute any individual death to vaccines. While the decision has extended the interpretation of Article 21 to mass public health interventions, the judgement has issued almost no procedure for its implementation.

A lenient let off

On 16 March, the Supreme Court recorded Haryana’s refusal to grant sanction to prosecute Ali Khan Mahmudabad, a professor at Ashoka University, in connection with his Facebook post on Operation Sindoor, deeming it as a “one-time magnanimity”. CJI Surya Kant observed that while writing in between the lines may create problems, there is no reason to doubt that Mahmudabad, being a “highly learned professor”, would act in a prudent manner in the future.

Manipur’s missing legal aid

On 24 March, the Supreme Court questioned the delay in implementing the order it had issued on 26 February to the Manipur and Assam State Legal Services Authority, which directed them to provide one legal aid counsel to each victim or their families, particularly those who were conversant in the local languages. The Advocate General for Manipur assured the Court that legal aid counsel would be made available immediately.

Constitutionalism in South Asia

In March, our South Asian Constitutional Law series saw an addition of three new articles that analyse the Supermajority enabling the ‘rule by law’ in Maldives, Taliban’s authoritarianism dictating law in Afghanistan, and Sri-Lanka’s long delayed judicial check on emergency powers. 

We have previously featured expert analysis of the latest constitutional developments in Pakistan, Bangladesh and Bhutan.. 

Delay? Denied

On 18 March, the Supreme Court issued a circular laying down new modalities for letters seeking adjournment, insisting on advance notice to the other side. Further, the circular requires disclosure of prior adjournments and does away with adjournments on regular matters.

Our explainer tells you everything you need to know about the circular. 

SCO.LR in March

In March, we published Volume 3 of the Supreme Court Observer Law Reports (SCO.LR), bringing you the five important judgements from each week of the month. Read Issue 1, Issue 2, Issue 3, Issue 4 and Issue 5 here. Reader friendly summaries can be accessed on our landing page with mind maps and HTML versions of each judgement to enhance accessibility and user experience.