Ayushi Saraogi's Posts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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!

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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.

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

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.

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

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

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

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

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

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.

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

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.

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

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

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

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