Ayushi Saraogi's Posts

Hearing Reports

EC Appointments Day #2: Union Argued Against Judicial Interference in Executive Domain

The Bench responded that Parliament has not discharged its constitutional duty to fix an appointment process in over 70 years.

22nd Nov 2022

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SCO Daily: SC Hears Two Cases on Right to Religion

Two Benches of the Supreme Court heard petitions challenging the Places of Worship Act and forced religious coversions.

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15th Nov 2022

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SCO Daily: Who Is Chief Justice Chandrachud?

Justice D.Y. Chandrachud began his 2-year term as the Chief Justice of India today. So who is CJI Chandrachud?

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9th Nov 2022

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SCO Daily: Judgment Upholding Reservations Based on Economic Criteria Explained

A 5-Judge Constitution Bench by a 3:2 split verdict upheld the Union’s reservations for the economically backward.

7th Nov 2022

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Hearing Reports

EWS Reservation Judgment: SC Upholds 103rd Amendment in 3-2 Majority

All 5 Judges agreed that the Constitution permits reservations based on income, but disagreed on SC/ST and OBC exclusion and the 50% limit.

7th Nov 2022

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SCO Daily: Can the Government Ban A News Channel Citing ‘Security Concerns’ Without Disclosing What They Are?

The SC heard a challenge against the Union government's decision to ban a news channel over 'security concerns' which it refused to reveal.

5th Nov 2022

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SCO Daily: SC Returns from Diwali Break

CJI Lalit heard challenges to CAA and Sedition. Justice Chandrachud reiterated the bar on the two-finger test in sexual assault cases.

31st Oct 2022

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Hearing Reports

CAA #3: SC Will Hear Challenges from December 6th

SG Mehta was granted two weeks to file responses on behalf of Assam and Tripura to over 200 petitions challenging the CAA 2019.

31st Oct 2022

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Hearing Reports

Sedition #5: Union May Reconsider Law in Winter Session of Parliament

Yet again, the Union has not disclosed a definitive timeline or plan for its reconsideration of S 124A.

31st Oct 2022

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Analysis

Making a Constitutional Court Work

DESK BRIEF: How the Judges run Constitution Benches is critical to determine if the Court can be an effective custodian of the Constitution.

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31st Oct 2022

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Hearing Reports

EWS Reservations: Pre-Judgment Matrix

What are the possible outcomes in the challenge to economic reservations and how will the Court substantiate its Judgment?

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28th Oct 2022

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Analysis

Bail Under UAPA: Court in Review

Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 lays down stringent provisions for the grant of bail.

21st Oct 2022

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Analysis

Delhi High Court Denies Umar Khalid Bail

Justices Bhatnagar and Mridul said that the NIA's evidence established a prima facie case against Mr. Khalid.

18th Oct 2022

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SCO Daily: Why Was Umar Khalid Denied Bail Under UAPA?

The Delhi HC on October 18th held that there was a valid case against Khalid for the offences he was accused of.

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18th Oct 2022

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Analysis

Hijab Ban Challenges: Here We Go Again

DESK BRIEF: Dhulia J emphasised that ‘finality is a good thing, but Justice is better' in an opinion that will prolong the Hijab Ban saga.

17th Oct 2022

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SCO Weekly: Hijab Ban to be Heard One More Time

A 2-Judge Bench of the SC delivered a split verdict on Karnataka’s Hijab Ban, which means the case will be deliberated for a 3rd time!

16th Oct 2022

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Hearing Reports

Hijab Ban: SC Judgment Matrix

Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict in the case.

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13th Oct 2022

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Hearing Reports

Hijab Ban Judgment Pronouncement: Split Verdict from Justices Gupta and Dhulia

Justice Gupta upheld the Karnataka Hijab Ban. Justice Dhulia quashed it.

13th Oct 2022

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Analysis

Supreme Court’s Hijab Ban Judgment Must Address 7 Main Issues

These include questions on equality, religious freedom, privacy, right to education & free speech and expression.

13th Oct 2022

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Hearing Reports

Demonetisation Day #1: Does the RBI Act Allow Demonetisation?

The Bench heard arguments against the procedure and objectives of the Union's demonetisation policy.

12th Oct 2022

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Hearing Reports

Dawoodi Bohra Excommunication Day #1: SC Discusses Reference to Sabarimala Review 9-J Bench

It is unclear when the Court will resolve the 60-year old challenge to the powers of religious leaders to excommunicate members.

11th Oct 2022

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SCO Daily: Instant Divorce Still Prevails After Ban on Triple Talaq?

Dr. Syeda Ambreen filed a PIL asking the SC to declare unilateral and out-of-court divorces in Islam unconstitutional

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10th Oct 2022

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SCO Daily: Demonitisation and Azam Khan Case Outdated?

Justice Nazeer commented that the two cases before them may no longer contain any issues for the Bench to address.

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29th Sep 2022

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Analysis

Demonetisation, MLAs’ Rights and Immunity and Criminal Procedure Before Fourth Constitution Bench

Two out three listed cases before Justice Nazeer’s Bench may now be infructuous.

28th Sep 2022

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Hearing Reports

Maharasthra Political Crisis Day #7: SC Rejects Thackarey Faction’s Application to Pause EC Decision on Use of Party Symbol

A Constitution Bench rejected the Thackarey faction's argument that loss of party symbol will cause unjust injury to them.

27th Sep 2022

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Analysis

‘Essentially Religious’ Hearings on the Hijab Ban

DESK BRIEF: Arguments on Religion took over half the SC time, despite all parties agreeing that it should not be the focus of the case.

26th Sep 2022

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SCO Weekly: The Battle of Arguments in the Hijab Ban Case

What arguments were made in the challenge to the Hijab Ban in Karnataka? What will the Judgement focus on?

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SCO Daily: Hijab Ban Arguments Conclude, EWS Reservations in the Final Stretch

The Supreme Court heard the Union's defence of the EWS reservations and concluded hearing arguments in the Hijab Ban case

22nd Sep 2022

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Hearing Reports

Hijab Ban Appeal #9: Karnataka Gov Recasts Hijab Ban as a Policy for Equality and Discipline

Justice Dhulia appeared confounded by Karnataka Gov's argument that the Hijab ban does not violate the right to dress.

21st Sep 2022

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Hearing Reports

Hijab Ban Appeal #8: Karnataka Gov Says Uniform Necessary for Unity

SG Tushar Mehta argued that visual emphasis on one's religion hampers discipline, order and unity in schools.

20th Sep 2022

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Hearing Reports

Hijab Ban Appeal #7: Dushyant Dave Discusses Constituent Assembly Debates on Article 25

Justice Hemant Gupta asked Mr. Dave how relevant the Debates are to interpreting the Constitution.

19th Sep 2022

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Analysis

Budgeting for Time: A Tale of Two Benches

DESK BRIEF: The EWS Reservation and Hijab Ban Benches employed different strategies to manage time and saw different results.

18th Sep 2022

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SCO Weekly: Budgeting for Time

The SC heard extensive arguments in the EWS Reservations and Hijab Ban cases this week. How did the Benches manage their time?

17th Sep 2022

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Hearing Reports

Hijab Ban Appeal #6: Court Engages With Intersectional Discrimination and Forced ‘Barter’ of Rights

While the Bench is in a hurry to conclude, the lawyers insist that a matter this important requires patient and detailed hearings. 

15th Sep 2022

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SC Daily Update: Challenge to Reservations for Economically Weaker Citizens

Hearings in the challenge to reservation for economically backward citizens began. Key questions on the purpose of reservations were raised.

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13th Sep 2022

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SC Daily Update: Gyanvapi Mosque Dispute, challenge to the Places of Worship Act, 1991 and Arguments in the Hijab Ban

The Varanasi District Court rejected the argument that the Places of Worship Act disallows any investigation in the places of worship.

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12th Sep 2022

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Daily Update September 5th: Hijab Ban, Sanjay Mishra’s ED Tenure, Uniform Marriage and Succession

We discuss a possible 9-Judge Bench Reference in Hijab Ban, the effect of tenure extensions on special investigative bodies and the UCC.

5th Sep 2022

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Daily Update September 2nd: Teesta Setalvad Secures Interim Bail

The quick hearings and fast disposal of Setalvad's bail application indicates a shift in the SC's attitude.

3rd Sep 2022

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Analysis

Teesta Setalvad’s Bail Application: Gujarat Government Faces Tough Questions

SG Tushar Mehta faced a volley of tough questions from the Bench. Tomorrow's hearing will decide whether Ms. Setalvad will secure bail.

1st Sep 2022

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Analysis

Constitution Benches Settle on Five Cases to be Heard in September

The cases involve questions of Reservations, Remission, Taxation and Service Rules. 

30th Aug 2022

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Analysis

Constitution Bench Revival: Breaking Ground for Reform

DESK BRIEF: CJI U.U. Lalit’s short 2.5 month term may mark a turning point for the Court.

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29th Aug 2022

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Analysis

CJI Ramana’s Notable Judgments

What was the impact of CJI Ramana’s Judgments on the Court, the law and the country?

27th Aug 2022

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Analysis

The Money Laundering Judgment: Justice Khanwilkar’s Last Hurrah

Desk Brief: J Khanwilkar's closing act at the SC will be the Judgment on the powers of the Enforcement Directorate (ED) under the PMLA.

27th Jul 2022

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Analysis

Back From Vacation: What Awaits the Supreme Court?

DESK BRIEF: The SC returns to full functioning after six weeks of summer vacation.

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11th Jul 2022

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Analysis

Looking Ahead: The Court in July 2022

The Court is set to hear a slew of important cases in July 2022—will citizens be able to tune in?

2nd Jul 2022

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Analysis

SCO Shorts: Shiv Sena’s Floor Test in Maharashtra

SC refuses to delay the impending Maharashtra floor test. Uddhav Thackarey promptly resigns as CM.

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30th Jun 2022

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Analysis

SC Refuses to Stay Maharashtra Governor’s Call for Floor Test

MH Government argued that defection of rebel MLAs must be investigated before the floor test is conducted. MLAs argued two are unrelated.

29th Jun 2022

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Analysis

Justice L.N. Rao’s Notable Judgments: Reservations, Tribunals and COVID Relief

Justice Rao wrote Judgments on a wide range of subjects in his 6 year SC tenure, notably on reservations, tribunal reforms and COVID relief.

10th Jun 2022

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Analysis

FCRA Judgment: Assessing the Impact on NGOs

Which NGOs does the SC's April 2022 FCRA Judgment affect and how?

6th Jun 2022

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Analysis

Local Elections: SC Approves MP OBC Reservations Policy

Delayed local elections in Madhya Pradesh raised concerns at the SC about breakdown of democratic processes.

3rd Jun 2022

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Analysis

Tracing Six Years of Justice L.N. Rao at the Supreme Court

Rao J is set to retire on June 7th, 2022, during the Supreme Court's summer vacation.

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20th May 2022

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Hearing Reports

Constitutional Rights of OCIs #6

20th May 2022

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Analysis

COVID Coverage: Children in Street Situations, May 19th 2022

Maharashtra Government asks for Union government funding to build 20 new Child Protection Homes.

19th May 2022

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Analysis

10 Must-Reads on Sedition Law in India

SCO's list of must-reads captures all the facets of the sedition debate—and of ongoing litigation on sedition across Courts.

18th May 2022

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Analysis

Gyanvapi Mosque: SC Says Shiv Lingam To Be Protected Without Restricting Muslims’ Rights

Justices Chandrachud and Narasimha, both previously involved in the Ayodhya Title Dispute, strive for 'balance' in the Gyanvapi mosque case.

17th May 2022

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Analysis

Sedition: Court in Review

Section 124A of the Indian Penal Code,1860, is a colonial provision criminalising attempts to ‘excite disaffection’ towards the government.

17th May 2022

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Analysis

The Sedition Order: A Real Hope for Free Speech?

DESK BRIEF: The intended impact of the SC's relatively ambiguous Order remains unclear. 

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12th May 2022

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Analysis

Justice Vineet Saran’s Tenure in Numbers

With Justice Saran's term ending on May 10th, the SC enters a long season of judicial retirements. SCO reviews his tenure in numbers.

10th May 2022

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Analysis

SC Subverts Maharashtra’s Latest Attempt to Postpone Local Elections

With elections pending in nearly 2,500 local bodies, SC raps Maharashtra for abdicating its constitutional duty again.

4th May 2022

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Analysis

CJI Ramana Says Govt. Must Help Tackle Pendency

The Chief Justice of India was addressing Chief Ministers and Chief Justices on the challenges facing the Judiciary.

30th Apr 2022

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Analysis

COVID Coverage: Children in Protection Homes, April 25th 2022

The Bench directed all States to follow NCPCR’s suggestions for the identification and rescue of CISS until they framed local guidelines. 

25th Apr 2022

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SCO Explains: Gig Workers’ Claim for Social Security

We discuss gig workers' claims for recognition as unorganised workers with Prof. Babu Mathew

Analysis

Welcome Back to the Supreme Court!

DESK BRIEF: For SC, are online hearings just a stopgap solution necessitated by COVID-19 or an innovation with widespread and long-term use?

8th Apr 2022

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Analysis

SCO Shorts: Tamil Nadu Vanniyar Reservations Judgment

Internal reservations for Vanniyars will be discontinued until the Tamil Nadu government finds reliable data to justify them. 

1st Apr 2022

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Analysis

What the Rakesh Asthana Case Reveals About Police Reform in India

DESK BRIEF: The Asthana case is the tip of the iceberg of unimplemented police reforms in India.

30th Mar 2022

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Analysis

COVID Coverage: Children in Protection Homes, March 28th 2022

SC Directs States, UTs to Implement Policy For Children Living On Streets

28th Mar 2022

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Analysis

Rakesh Asthana Case Points to Unimplemented SC Directives on Police Reforms

Much-awaited hearings will unravel the Court’s stance on implementing its rulings on police reforms in India. 

26th Mar 2022

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Analysis

Months From Retirement, Justice Khanwilkar Reserves Three Critical Judgments

Benches led by Khanwilkar J will deliver crucial judgments in the FCRA, Gujarat Riots and PMLA cases before he retires.

23rd Mar 2022

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SCO Explains: Discussing Data in Reservation Policies with Dr. Anup Surendranath

We discuss the Supreme Court's demand for data in reservations policies and the implications of this demand with Dr. Anup Surendranath.

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SCO Explains: Reservations in PG NEET Admissions (3/4)

We discuss the normative gaps in the Court's reservations jurisprudence in the context of PG NEET admissions with Dr. Anup

Analysis

Justice Akil Kureshi Retires Without Elevation to the Supreme Court

DESK BRIEF: Justice Akil Kureshi's retirement marks another chapter in India’s history of Executive interference in judicial appointments.

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10th Mar 2022

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Analysis

Live Streaming: Justice Dramatised

Desk Brief: The question of allowing live streaming of Courts is redundant. We are left to figure out how to mitigate its potential damage.

26th Feb 2022

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Analysis

COVID Coverage: Children in Protection Homes, February 21st 2022

On February 21st 2022, the SC directed all States and UTs to implement NCPCR's suggestions for the care of children in street situations.

21st Feb 2022

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Analysis

Court Goes Viral

At least two hundred thousand citizens have been tuning in daily to the Karnataka High Court’s live stream of the Hijab Ban hearings.

19th Feb 2022

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Analysis

SC Maintains Silence on Karnataka Hijab Ban

The Supreme Court has maintained silence over the Karnataka Government's Order banning hijabs in educational institutions

16th Feb 2022

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Analysis

SC On PMLA: A Fine Balance?

DESK BRIEF: Will the Court continue to maintain a minimum interference policy in special criminal laws with PMLA?

4th Feb 2022

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Analysis

Monthly Review: January 2022

The Court engaged extensively with data for reservations, the rights of money laundering suspects, and the limits of legislative privileges.

31st Jan 2022

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Analysis

Covid Coverage: Children in Protection Homes, January 24th 2022

The Court sought clarifications on whether the NALSA could pay honorarium to Remote Point Coordinators assisting child trafficking victims.

24th Jan 2022

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Analysis

Week 4 at the SC (2022): The Reservation Battles Rage On

The SC issued two orders on reservation policies in PG medical entrance exams and municipal elections.

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22nd Jan 2022

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Analysis

SC Offers Hope for OBC Reservations in Maharashtra Municipal Elections

The Maharashtra government was directed to submit data justifying its OBC reservation policy to the State Commission for Backward Castes.

20th Jan 2022

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Analysis

Covid Coverage: Children in Protection Homes-17th January 2022

The Bench was concerned that a majority of State governments were yet to complete the first step of identifying street children.

17th Jan 2022

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Court Data

An SC Judge Authors an Average of 28 Judgments Per Year

This post discusses the yearly rate at which each of the 33 sitting judges of the Supreme Court author judgments.

3rd Jan 2022

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Court Data

4 of the Next 7 CJIs Will Serve Shorter Than Average Tenures

We discuss the expected tenures of the next seven CJIs in this post.

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31st Dec 2021

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Analysis

Looking Ahead 2022: SC on Press Freedom

The Supreme Court is likely to hear two important cases raising questions about press freedom in 2022.

30th Dec 2021

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Analysis

Looking Ahead 2022: SC on Special Investigative Bodies

In 2022, the Supreme Court will engage with three important cases that deal with the independence of special investigative bodies. 

29th Dec 2021

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Analysis

Looking Ahead 2022: SC on Terror

The Court will hear arguments on two important challenges to the UAPA in 2022.

29th Dec 2021

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Analysis

Looking Ahead 2022: SC on Reservations

Data requirement to make reservation policies will continue to be an important issue at the Supreme Court in 2022.

28th Dec 2021

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Analysis

SC Judgment Review 2021: Legislative Competence

We discuss three judgments in which the Court defined the extent of the powers of Parliament and State Legislative Assemblies.

27th Dec 2021

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Court Data

Constitution Bench Pendency at the SC (2019-2021)

This post analyses changes in the pendency of matters before Constitution Benches of the Supreme Court from January 2019 to December 2021. 

24th Dec 2021

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Court Data

50 Constitution Bench Matters Remain Pending Before the SC (2021)

We discuss the changes in pendency before Constitution Benches of the Supreme Court in 2021. 

23rd Dec 2021

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Court Data

Monthly Changes in Pendency at the Supreme Court (2021)

We discuss the rate of change in pendency in each month of 2021.

22nd Dec 2021

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Analysis

No OBC Reservations in Maharashtra Municipal Elections Without Data

Khanwilkar J dismissed the Maharashtra Government's petition seeking the Union Government's 2011 Socio Economic and Caste Census data.

18th Dec 2021

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Analysis

The Week Ahead

Today the Supreme Court begins its last week of hearings for the year, before closing for a 2 week long winter vacation on December 20th.

13th Dec 2021

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Court Data

What is a Typical SC Judge’s Career Path?

Data reveales that High Court judges who were advocates hold more Supreme Court positions than those from the subordinate judiciary.

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17th Nov 2021

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Court Data

Less than 45% of HC Judges are from the Subordinate Judiciary [2017-21]

43.6% of HC judges have been appointed from the subordinate judiciary and the remaining 56.4% were appointed directly from the Bar.

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17th Nov 2021

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Analysis

Covid Coverage: Children in Protection Homes, November 15th 2021

The Court ordered all States and UTs to file reports on the status of children in street situations in two weeks.

15th Nov 2021

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Analysis

Union Directed to Issue Instructions for Reservation in Promotion for PWDs in Four Months

The Union argued that reservations in promotions for Persons with Disabilities shouldn't apply to promotions in all government services.

28th Sep 2021

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Analysis

Bhushan J’s Impact: The 50% Limit on Reservations, EWS and NEET

How will Bhushan J's Maratha Reservation opinion upholding the 50% limit on reservations impact ongoing cases?

27th Sep 2021

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Analysis

Caste Census and Bhushan J’s Push for Data

Bhushan J's Maratha judgment pushed the Union to collect contemporaneous data on caste in the country.

27th Sep 2021

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Analysis

State Governments Unhappy with NDMA Guidelines for Ex-Gratia Payments

The Union has sought another extension to come up with guidelines for ex-gratia payments for the families of those deceased due to COVID-19.

22nd Sep 2021

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Analysis

Union Seeks Clarifications on Reservation in Promotion Ruling for Persons with Disabilities

On September 21st 2021, a three judge bench, heard the Union’s petition seeking clarifications on the Siddaraju judgment.

21st Sep 2021

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Analysis

Madras High Court Stays IT Rules

Various HCs are hearing challenges to the IT Rules, 2021. The Madras HC that the stay order passed by the Bombay HC would apply nationwide.

17th Sep 2021

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Analysis

Who Are the Nine Recommended SC Judges?

August 2021 saw two Supreme Court retirements accompanied by nine Collegium recommendations to the apex court.

19th Aug 2021

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Analysis

Bombay High Court: IT Rules Against Constitutional Ethos and Principles

The Bombay High Court observed that Rule 9 of the IT Rules was unconstitutional for placing restrictions on digital media content.

14th Aug 2021

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Analysis

Nariman’s Judgments Prioritised Equality Over Religion

Nariman J's freedom of religion judgements are likely to shape this field for years to come.

13th Aug 2021

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Analysis

Kerala High Court Stays IT Rules

The Kerala High Court has ordered that the Union cannot take coercive action against anyone for non-compliance with the IT Rules.

6th Aug 2021

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Analysis

IT Rules Challenges May Reach Supreme Court

The IT Rules, 2021 have been challenged in multiple High Courts - will these challenges be ultimately heard by the Supreme Court?

24th Jul 2021

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Court Data

On an Average, the Court Receives over 25,000 PILs a Year

Over nine lakh PILs were filed in the Supreme Court between 1985-2020. The data indicates that the rate at which PILs are filed is rising.

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22nd Jul 2021

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Analysis

J. Bhushan’s 11 Key Judgments on Reservation, Privacy, Religious Rights

Bhushan J's opinions have left an impact on reservation law, while he dealt with multiple COVID relief cases and Ayodhya disputes.

3rd Jul 2021

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Analysis

Ex- Gratia Payment to COVID Affected Families – Supreme Court Directs NDMA to Draft Guidelines

The SC declared that it is mandatory for the NDMA to frame guidelines for ex-gratia payments to the families of those deceased due to COVID.

30th Jun 2021

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Analysis

COVID Coverage: Migrant Labourers June 29th 2021

Judgment and Directions of the Court to alleviate the situation of migrant labourers during the pandemic

30th Jun 2021

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Analysis

Feminist Discontentment and the Jurisprudence of Indirect Discrimination

In her book, Sheryl Sandberg suggests that companies are better when women have a seat at the decision-makers table.

29th Jun 2021

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Analysis

Identity and Evidence- An Intersectional Perspective

How does the law on caste- based oppression in India gain from intersectionality perspectives?

29th Jun 2021

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Analysis

Disability as a Social Barrier

The Court's Vikash Kumar judgment has its roots in the disability rights movement, which was highlighted in the documentary 'Crip Camp'.

19th Jun 2021

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