Balu Nair's Posts

Analysis

Petition inspired by Sabarimala – II

Yasmeen Zuber's petition for entry to mosques for Muslim Women diverges from Sabarimala in key areas.

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16th May 2021

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Analysis

Free Private Healthcare?

DESK BRIEF: A PIL contends that private hospitals shouldn't profit from COVID-19 treatment. Precedent suggests that it may succeed.

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31st May 2020

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Analysis

Maratha Reservation & Judicial Review II

The Court's power to review the legislative wisdom and findings of expert committees is limited

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28th May 2020

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Analysis

4G restoration in J&K: 3 Must Reads

Three must-reads on the Supreme Court's judgment in Anuradha Bhasin

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27th May 2020

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Analysis

CAA contradicts Assam Accord?

Unions in Assam fear that CAA poses a threat to Assamese identity and contend that it conflicts with Assam Accord, 1985.

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27th May 2020

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Analysis

Maratha Reservation & Judicial Review I

The Maratha Reservation case offers yet another opportunity for the Court to lay down the law relating to SEBC reservations

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26th May 2020

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Analysis

Nikah Halala and Personal Law Reform III

Sameena Begum's petition challenging customs like polygamy responds to arguments in the Constituent Assembly and the Supreme Court

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23rd May 2020

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Analysis

Nikah Halala and Personal Law Reform II

Petitions filed before the Supreme Court challenging certain Muslim personal laws as contrary to the right to equality and dignity.

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23rd May 2020

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Analysis

Nikah Halala and Personal Law Reform I

Constitutionality of polygamy and nikah halala challenged before the Supreme Court.

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21st May 2020

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Analysis

Sabarimala: Better late than never

DESK BRIEF: Over three months after its decision, the Supreme Court's nine-judge referral bench in Sabarimala publishes its reasons

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15th May 2020

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Analysis

Petition inspired by Sabarimala – I

After the Sabarimala judgment various petitions were filed demanding entry into mosques for Muslim women.

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15th May 2020

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Analysis

Court to have single judge benches

The Supreme Court has announced that specific matters related to transfers of cases and bail will be heard by a single judge bench.

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13th May 2020

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Kashmir

Analysis

Judgment: 4G restoration in J&K

Court holds that the suspension of internet services cannot be indefinite and must be proportionate.

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12th May 2020

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Analysis

Brief History: Challenges to the UAPA

Tracing the history of the Unlawful Activities (Prevention) Act, 1967.

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11th May 2020

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Analysis

CAA: Drawing from Johar and Bano – II

The Indian Union Muslim League relied on recent decisions of the Supreme Court to challenge the Citizenship (Amendment) Act, 2019.

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9th May 2020

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Analysis

Non-COVID News

DESK BRIEF: COVID-19 has dominated the headlines. But unrelatedly, the Court has delivered two important fundamental rights judgments

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8th May 2020

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Analysis

CAA: Drawing from Johar and Bano – I

The Supreme Court has been hearing petitions against the CAA. Here are some of the major arguments made by the major petitioners.

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8th May 2020

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Analysis

The ‘Other’ RTI Exemptions

Certain requests for information under the RTI Act can be exempted from disclosure.

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5th May 2020

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Analysis

Monthly Review: April 2020

In April, the Supreme Court decided to hear more types of matters and delivered judgments in cases about ST reservations, and NEET

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2nd May 2020

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Analysis

100% Reservation for STs: 3 Must Reads

Court overrules decision of Andhra Pradesh High Court providing 100% reservation to teachers belonging to Scheduled Tribes.

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29th Apr 2020

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Analysis

Easing of Restrictions?

DESK BRIEF: In a gradual move towards re-opening, the Supreme Court announced it will begin to hear more types of matters.

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24th Apr 2020

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Analysis

Digitising Filings

DESK REPORT: Despite the E-Committee's efforts, most litigants still physically file submissions. COVID-19 could quicken e-filing adoption.

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20th Apr 2020

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Analysis

Video – Past, Present and Future

The Supreme Court's approval of video conferencing has become a necessity with COVID-19. Will it persist and be institutionalized?

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14th Apr 2020

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Analysis

Ripple Effect

DESK BRIEF: The COVID-19 outbreak is having a serious impact on high profile Supreme Court cases expected to be heard in March and April

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7th Apr 2020

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Analysis

Switching to Video

The Supreme Court has issued guidelines under Article 142 for implementing video conferencing and other measures

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7th Apr 2020

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Analysis

Court(s) in the time of Corona

DESK BRIEF: How does the Supreme Court's response to the pandemic stack up against other countries' apex courts?

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2nd Apr 2020

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Analysis

Monthly Review: March 2020

In March, the COVID-19 outbreak had an extraordinary impact on all institutions, including the Supreme Court

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1st Apr 2020

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Analysis

Suo Motu: Court in the time of Corona

DESK BRIEF: The COVID-19 outbreak has limited the number of matters the Court hears, while proactively exercising its suo moto powers

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27th Mar 2020

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Analysis

Union (almost) bares its cards in CAA

DESK BRIEF: The Union of India files a response in the CAA case, claiming that the CAA is subjected only to limited (if any) judicial review

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22nd Mar 2020

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Analysis

The Benchmark Precedent

DESK BRIEF: Bench led by Arun Mishra J applies doctrine of precedent to adjudicate matters related to land acquisition.

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19th Mar 2020

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Analysis

Ret’d CJI Gogoi nominated to Rajya Sabha

The President has nominated former Chief Justice Gogoi to the Rajya Sabha

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17th Mar 2020

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Analysis

What’s happened so far in 2020?

DESK BRIEF: In the first two months of 2020, the Supreme Court has prioritized the Sabarimala Review, which saw few substantive developments

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14th Mar 2020

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Analysis

RTI See-Saw

DESK BRIEF: On March 4th, a three-judge bench held that citizens could not file RTI requests to obtain copies of pleadings.

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8th Mar 2020

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Analysis

Article 370: Bench Rejects Reference

DESK BRIEF: The five-judge Article 370 bench has ruled out referring the case to a larger bench.

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6th Mar 2020

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Analysis

Criminal Politicians: Court revisits ‘Public Interest Foundation’

Court reminds political parties of their duty to comply with directions intended to publicise criminal antecedents of electoral candidates.

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21st Feb 2020

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Analysis

10 Cases that Shaped India in 2019

The primary themes in the ten most important cases that shaped India in 2019 seemed to revolve around democracy, citizenship and religion.

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17th Feb 2020

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Analysis

#1: Ayodhya Title Dispute

Disputed title in Ayodhya case awarded to Shri Ram deity.

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16th Feb 2020

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Analysis

#2: Sabarimala Review

Court to hear constitutional questions surrounding review of Sabarimala judgment.

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13th Feb 2020

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Analysis

#4: Tribunals and the Finance Act

Petitions challenging Part XIV of the Finance Act, 2017 as violative of the basic structure of the Constitution.

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12th Feb 2020

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Analysis

#3: Assam’s NRC

Petition filed before Supreme Court challenging procedure followed by Foreign Tribunals.

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12th Feb 2020

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Analysis

#5: Electoral Bonds

Supreme Court passes interim order directing all political parties to submit details of electoral bonds received.

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11th Feb 2020

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Analysis

#6: VVPAT

Petition before Supreme Court to direct the Election Commission of India to verify a higher number of VVPAT slips.

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10th Feb 2020

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Analysis

#7: RTI and Judicial Independence

Concerns that the right to information regarding collegium decisions and personal assets of judges may infringe upon judicial independence.

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9th Feb 2020

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Analysis

#9: Land Acquisition – Recusal

Request for recusal of Arun Mishra J refused in land acquisition case.

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7th Feb 2020

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Analysis

Sabarimala Referral on Hold?

DESK BRIEF: A nine-judge bench hearing constitutional questions on religion faces challenges to its jurisdiction

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5th Feb 2020

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Analysis

Article 370 to be heard by a larger bench?

DESK BRIEF: A Constitution Bench of the Supreme Court has reserved order on whether the Article 370 case will be referred to a larger bench

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29th Jan 2020

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Analysis

Winter Session Picks Up Pace

DESK BRIEF: The Supreme Court is hearing important constitutional questions at full swing since reopening after the winter vacation

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19th Jan 2020

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Analysis

Sabarimala Referral to continue for ‘reasons to follow’

DESK BRIEF: A nine-judge Referral Bench has ruled that the Court can refer questions to a larger bench in a review petition.

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12th Jan 2020

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Analysis

Sabarimala: Referral to begin on Monday

DESK BRIEF: A nine-judge bench of the Supreme Court will begin hearing fundamental constitutional questions on religion on Monday

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9th Jan 2020

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Analysis

Challenges before the new CJI

DESK BRIEF: Chief Justice Bobde faces the resolution of a large number of important issues before his retirement in April 2021

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29th Nov 2019

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Analysis

RTI Judgment: Confusions about Public Interest

Office of the Chief Justice opened up to Right to Information Act, 2005.

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26th Nov 2019

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Analysis

Curbing Free Speech

DESK BRIEF: The issues in the Azam Khan case are central to the fundamental rights to free speech, life, and personal liberty.

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23rd Nov 2019

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Analysis

Final Resolution?

DESK BRIEF: The end of Chief Justice Gogoi's term has produced five key judgments. Did they resolve their underlying disputes?

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21st Nov 2019

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Analysis

Ayodhya Judgment: Opening the Floodgates?

DESK BRIEF: Only time will tell if the expansive reliefs in the Ayodhya case have opened up a floodgate of similar litigation.

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8th Nov 2019

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Analysis

Week 10 in Ayodhya

This week, the Ayodhya hearings saw fierce arguments from all parties.

18th Oct 2019

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Analysis

Of Land Acquisitions and Judicial Propriety

DESK BRIEF: The outcome of the hearings has implications beyond the issue of recusal or the interpretation of the Land Acquisition Act.

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16th Oct 2019

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Analysis

Dussehra Recap

DESK BRIEF: The last 6 weeks saw arguments in the Ayodhya title dispute, Article 370, and the legality of the SC/ST Act Amendment

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12th Oct 2019

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Analysis

Monthly Review: September 2019

In the month of September the Supreme Court heard multiple important matters including the Aadhar case and the Ayodhya title dispute.

11th Oct 2019

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Analysis

Subhash Kashinath Mahajan – Court Recalls its Order

DESK BRIEF: The order had imposed restrictions on the police's power to register FIRs and make arrests for offenses under the SC/ST Act.

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9th Oct 2019

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Analysis

Permanent Constitution Benches: Structural Reform of the Supreme Court

Permanent five-judge Constitution Bench to be constituted to hear all constitutional matters.

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4th Oct 2019

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Analysis

Indian Crypto-Wars: Teetering on the Brink?

DESK BRIEF: The Court has so far adopted a policy of non-intervention and refused to issue any substantive orders

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29th Sep 2019

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Analysis

Week 7 in Ayodhya

The week witnessed Sr. Adv Dhavan, appearing for the Sunni Waqf Board, continue his arguments

24th Sep 2019

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Analysis

Appellate or Constitutional Court?

As hearings in the Ayodhya dispute enter the final stretch, the Supreme Court’s role as a conventional appellate court will be tested

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22nd Sep 2019

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Analysis

Four new judges appointed to the Supreme Court

President confirms appointment of four new judges upon recommendation of the Supreme Court collegium.

20th Sep 2019

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Analysis

Subhash Kashinath Mahajan: Treading Cautiously

On September 17th 2019, the constitutional challenge was tagged with the review petition. Final arguments commence next week.

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19th Sep 2019

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Analysis

Week 6 in Ayodhya

Week 6 saw Sr. Adv. Rajeev Dhavan and Sr. Adv. Jilani continued their arguments for the Sunni Waqf Board

17th Sep 2019

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Analysis

Justice Kureshi Transfer Reconsidered

The Justice Kureshi process highlights the need to settle the new Memorandum of Procedure for Appointment and Transfer

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15th Sep 2019

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Analysis

Gogoi’s Last Hurrah

DESK BRIEF: In his final week before he retires on November 17th, Chief Justice Gogoi will deliver some of his most pivotal judgments.

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4th Mar 2019

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