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.
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.
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
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
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.
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
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
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.
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.
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
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.
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.
13th May 2020
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Analysis
Judgment: 4G restoration in J&K
Court holds that the suspension of internet services cannot be indefinite and must be proportionate.
12th May 2020
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Analysis
Brief History: Challenges to the UAPA
Tracing the history of the Unlawful Activities (Prevention) Act, 1967.
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.
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
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.
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.
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
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.
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.
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.
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?
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
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
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?
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
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
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
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.
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
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
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.
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.
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.
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.
17th Feb 2020
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Analysis
#1: Ayodhya Title Dispute
Disputed title in Ayodhya case awarded to Shri Ram deity.
16th Feb 2020
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Analysis
#2: Sabarimala Review
Court to hear constitutional questions surrounding review of Sabarimala judgment.
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.
12th Feb 2020
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Analysis
#3: Assam’s NRC
Petition filed before Supreme Court challenging procedure followed by Foreign Tribunals.
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.
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.
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.
9th Feb 2020
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Analysis
#9: Land Acquisition – Recusal
Request for recusal of Arun Mishra J refused in land acquisition case.
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
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
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
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.
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
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
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.
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.
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?
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.
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.
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
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.
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.
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
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
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.
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
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.
4th Mar 2019
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