Balu Nair's Posts

The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

#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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The Desk

#2: Sabarimala Review

Court to hear constitutional questions surrounding review of Sabarimala judgment.

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13th Feb 2020

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The Desk

#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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The Desk

#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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The Desk

#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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The Desk

#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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The Desk

#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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The Desk

#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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

Week 10 in Ayodhya

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

18th Oct 2019

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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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The Desk

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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