SCO.LR

SCO.LR | 2025 | Volume 6 | Issue 4

In this Issue of SCO.LR, we summarise five significant and unmissable bonus judgements from January to May 2025

analysis | Desk brief

How the Emergency birthed the Collegium system

The Emergency left deep scars on the judiciary—it took until the 1990s for the Supreme Court to acknowledge and respond to those compromises

Analysis | Court in Review

The right to life and personal liberty under Article 21: A timeline

50 years since the Emergency, SCO traces the Court’s gradual expansion of the right to life and personal liberty

analysis | commentary

The constitutional sanction for preventive detention reeks of a fear of freedom

On the 50th anniversary of the Emergency, it’s clear that half-hearted attempts to ‘reform’ Article 22 won’t cut it—deletion is the answer

Analysis

On civil liberties and the Supreme Court, there is little to celebrate since the Emergency

Fifty years since the Emergency, a reflection on personal liberty from the lens of the UNHRC’s periodic review of ICCPR implementation

Constitutionality of the Waqf (Amendment) Act, 2025

Pending

In re: Waqf (Amendment) Act, 2025

The Court will decide whether the Waqf (Amendment) Act, 2025, violates the freedom of religious denominations to manage their affairs. The decision will determine the degree of the Union’s control over the management of Waqf properties.

Challenges to the Appointment of Election Commissioners Act, 2023

Pending

Jaya Thakur v Union of India

The Supreme Court will decide if the Chief Election Commissioner and Other Election Commissioner Act, 2023 is contrary to the Constitution Bench decision in Anoop Baranwal (2023). The Act sets up a committee to nominate members to the ECI.

Constitutionality of Blood Donation Guidelines

Pending

Thangjam Santa Singh @Santa Khurai v. Union of India & Ors

The Supreme Court will decide if the guidelines imposing a permanent ban on transgender persons, men who have sex with men, and female sex workers from donating blood is constitutional. This case presents an opportunity for the Court to join the global departure from permanent bans based on gender and sexual orientation stereotypes.

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