Gauri Kashyap's Posts

The Desk

Delhi HC Refuses to Examine Reliability of Witness Statements in Umar Khalid Bail Hearing

Sr. Adv. Trideep Pais and the Bench locked horns on whether the Court should evaluate the veracity of evidence while granting bail.

25th May 2022

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The Desk

Charge Sheet Wrongly Paints Umar Khalid as a Terrorist, Says Counsel at Delhi HC

Sr. Adv. Trideep Pais listed instances where misrepresented facts 'falsely' implicated Mr. Khalid in the 2020 Delhi Riots.

23rd May 2022

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The Desk

Who Are the Nine Next Chief Justices of India?

During their tenure, the Chief Justice of India plays a key role in deciding the fate of the SC as an institution.

18th May 2022

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The Desk

Umar Khalid’s Bail Appeal at the Delhi High Court

A Delhi Court denied Khalid bail, stating the facts indicated his conspiring to riot. Khalid and Sharjeel Imam have approached the Delhi HC.

6th May 2022

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Court Data

Reviewing the Supreme Court in Numbers (2021)

We look at institution, disposal, pendency, strength of the Bench, and other factors that affected the Court in the last 10 years.

28th Apr 2022

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Court Data

COVID-19 Exacerbates SC’s Pendency Crisis

Examining institution, disposal, and pendency during the COVID-19 years and the decline in the SC’s efficiency.

21st Apr 2022

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Court Data

The SC Needs an Uninterrupted 3.8 Years to Clear All Pending Cases

Congestion at the SC sees a fourfold increase over the course of a decade reaching numbers not seen in over 30 years.

Court Data

Pendency Across Three Waves of COVID 19 and Two CJIs

Comparing the pendency of cases during former Chief Justice Sharad Bobde’s tenure with incumbent Chief Justice N.V. Ramana.

25th Mar 2022

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The Desk

With 5 Months Left in his Tenure, CJI Unlikely to Hear Key Cases on Federalism, Personal Liberty

Ramana CJI will retire on August 26th 2022. We look at important cases pending before his Bench that he inherited from former CJIs.

24th Mar 2022

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The Desk

How the Hijab Ban Reached the Supreme Court

DESK BRIEF: Our extensive coverage of the hijab case contains reports on Karnataka HC hearings, Judgment summary and matrix, and more.

17th Mar 2022

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Court Data

Does the Judiciary Remain a Man’s World?

We look at gender representation in the judiciary—High Courts, Supreme Court and the Collegium— in numbers.

10th Mar 2022

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The Desk

More Vote Verification for a Better Democracy?

Concerns about vote tampering and pleas to increase verification during elections are not new, and has resurfaced again at the SC as a PIL.

9th Mar 2022

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Court Data

91% of Cases Disposed in 2021 were at Admission Stage

A majority of the SC’s time in 2021 was spent disposing of cases that did not involve a substantial question of law.

7th Mar 2022

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The Desk

Amazon-Future Agree to Discuss an Out-of-Court Settlement

The SC has granted 10 days to Amazon, Future and Reliance to enter into a dialogue and attempt to resolve the conflict outside of Court.

3rd Mar 2022

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The Desk

Amazon-Future: A Timeline

Litigation arising from complex agreements between Amazon and Future Group may decide who will rule the retail market in India.

22nd Feb 2022

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The Desk

Karnataka Order on Hijab Ban: Lost in Translation

DESK BRIEF: The Karnataka HC was grappling with the meaning of 'suvyavasthe' in the Gov Order meant 'Public Order'. Why was this important?

15th Feb 2022

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The Desk

Karnataka Government Order on Dress Code for Students (Translated to English)

Translation of the Government Order instructing College Development Committees to ban hijabs in educational institutions.

14th Feb 2022

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The Desk

COVID Coverage: Court’s Functioning (Jan, Feb 2022)

Responding to the 3rd wave of COVID, the SC began virtual hearings in January. The SC will resume hybrid and physical hearings on Feb 14th.

8th Feb 2022

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Court Data

Cases at Admission Stage Make up 72% of Pending Cases at the SC

Does the Supreme Court’s real pendency challenge arise from cases at admission stage?

5th Feb 2022

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Channel

SCO Explains: SC Order on OBC, EWS Reservations for PG NEET (2/4)

In this episode we explain the Court's Judgment and Order in the PG NEET Reservations case, and take you through main arguments.

The Desk

Union’s Refusal to Submit an Affidavit in Pegasus Case Comes into Sharp Focus

A New York Times article reveals that Indian government had bought the Pegasus spyware in 2017 as part of a $2 Billion arms deal.

2nd Feb 2022

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The Desk

Court to Hear Arguments in Challenge to Money Laundering Act

DESK BRIEF: Why was a Money Bill used to pass amendments to the PMLA, even though it did not contain any finance related provisins?

1st Feb 2022

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The Desk

Reviewing Week 4 (2022) : Judgments on Reservations and MLA Suspension

DESK BRIEF: Judgments on Reservations in Promotions for SC/STs, and the suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly.

29th Jan 2022

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The Desk

Week 4 at the SC (2022): Time to Restrain ED’s Unmitigated Power?

DESK BRIEF: Does the ED’s investigative powers violate the rights of persons accused under the Prevention of Money Laundering Act, 2002?

27th Jan 2022

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Channel

SCO Explains: Reservations in PG NEET Courses (1/2)

In this episode, we explain why the Union had halted PG NEET Exams, the challenge to the OBC and EWS Reservations in PG NEET before the SC.

The Desk

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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The Desk

SC Holds OBC Reservation in PG NEET Ensures Substantial Equality

DESK BRIEF: On Thursday, the Court issued an Order explaining its decision to permit reservations for OBCs in PG medical entrance exams.

21st Jan 2022

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Court Data

Number of Cases Instituted at the SC Drops After COVID-19

Limited functioning of the Court during the pandemic has affected the number of cases instituted before the SC in 2020 and 2021

20th Jan 2022

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The Desk

Supreme Court Issues Notice in Haridwar Hate Speech Case

The SC on Wednesday issued notice in Qurban Ali v Union of India, a PIL filed against the alleged hate speech in Haridwar and Delhi.

14th Jan 2022

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The Desk

MLA Suspension in Maharashtra: A Threat to Democracy?

DESK BRIEF: The SC observed that suspension of Assembly members for long periods through majority resolutions threatened democracy.

12th Jan 2022

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The Desk

Medical Students Relieved as SC Issues Order in PG NEET Case

DESK BRIEF: The SC issued an Order allowing the Union to immediately commence counselling for admissions to postgraduate medical programmes.

8th Jan 2022

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The Desk

SC Hears EWS Reservation Case as Third Wave Approaches

DESK BRIEF: Hospitals short of 60,000 doctors as the SC hears case on reservation for OBC & EWS students in Postgraduate NEET courses.

5th Jan 2022

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The Desk

Subhash Reddy, First SC Judge from Telangana Retires

Justice Subhash Reddy retired today after three years and two months at the Supreme Court. He was elevated in November 2018.

4th Jan 2022

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The Desk

SC Judgment Review 2021: Tribunals

In 2021, the Supreme Court issued two important judgments on Statutory Tribunals.

28th Dec 2021

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The Desk

SC Judgment Review 2021: Terror

We discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

24th Dec 2021

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The Desk

SC Judgment Review 2021: Elections and Democracy

In State of Goa v Fouziya Imtiaz Sheikh the Court emphasised that an independent Election Commission is key to India’s democracy.

22nd Dec 2021

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The Desk

SC Judgment Review 2021: Freedom of the Press

The Court recognised that press freedom and privacy were allies and that the fear of surveillance is an ‘assault’ on the press.

21st Dec 2021

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The Desk

SC Judgment Review 2021: Equality

In 2021, the Supreme Court issued three important judgments on substantive equality. 

21st Dec 2021

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Court Data

Pendency of Cases at the SC over the Past 5 Years [2017-2021]

Apart from 2017, the total number of pending cases at the SC increased every year from January to December.

17th Dec 2021

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Court Data

Supreme Court Pendency in 2021 Increases by 7.3%

Pendency of cases at the SC has increased in 2021 by 7.3%. Currently 69,555 cases are pending.

15th Dec 2021

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The Desk

COVID Coverage: Children in Protection Homes, November 29th 2021

Nageswar Rao J stated that states cannot let long drawn out bureaucratic processes come in the way of providing basic amenities to children.

29th Nov 2021

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Court Data

Transfers of HC Judges 2017-21

Since 2017, there have been 88 recommendations for transfers of HC judges and Chief Justices, 33 of which were issued on Sept 16th 2021.

27th Nov 2021

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The Desk

The Farmers’ Protests and the Court: A Recap

The Union announced the repeal of the farm laws, but the SC has not decided on its constitutionality and the scope right to protest.

20th Nov 2021

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The Desk

Monthly Review: October 2021

In October, the Court heard important cases on reservations, powers of the Directorate of Enforcement, and foreign funding for NGOs.

1st Nov 2021

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The Desk

COVID Coverage: Court’s Functioning (20th October, 2021)

The SC issued a notice on October 7th to resume physical hearings with the option of hybrid hearing on October 20th.

7th Oct 2021

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The Desk

Reservation in Promotions for PwDs and for SC/STs: What is the Difference?

Reservations in public employment for persons with disability and for SC/STs have been treated differently by the Supreme Court.

29th Sep 2021

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The Desk

Challenging the NGT’s Use of Suo Moto Powers

16 orders of the NGT are now before the Supreme Court on appeal. The Court will decide whether the NGT has suo moto powers.

23rd Sep 2021

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The Desk

Should the National Green Tribunal have Suo Moto Powers?

The NGT's use of suo moto powers has been heavily debated: are the powers inherent to its functioning or should they be explicit in the Act?

20th Sep 2021

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The Desk

Should Statutory Tribunals Have Suo Moto Powers?

Statutory tribunals’ powers are limited by their statute. Can their powers be expanded based on the purpose with which they are formed?

20th Sep 2021

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The Desk

Should Courts have Suo Moto Powers?

Courts often exercise their suo moto jurisdiction by taking up matters based on media reports or act on letters written to them.

17th Sep 2021

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The Desk

Justice Navin Sinha Retires: 9 Key Judgments

Justice Navin Sinha retired on August 18th, 2021. He wrote 126 judgments as a Supreme Court judge during his four year tenure.

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18th Aug 2021

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The Desk

Nariman J: 14 Judgments in Which He Shaped the Law

Understanding Nariman J's landmark judgments on privacy, right to life, freedom of speech, and equality.

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12th Aug 2021

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The Desk

Monthly Review: July 2021

The Supreme Court made important decisions on land acquisition,and dismissed the review petition against the Maratha judgment.

1st Aug 2021

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The Desk

Section 66A: The Dead Law That Still Haunts India

In 2015, the Supreme Court declared Section 66A of the IT Act unconstitutional. In 2021, it continues to be used to arrest people.

26th Jul 2021

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The Desk

Women in the Judiciary- Have we Come Far from the 30s?

DESK BRIEF: Justice Leila Seth was the first woman to be appointed CJ of a High Court. What is the current tally across Indian courts?

23rd 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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The Desk

Can the State Declare an Individual as a Terrorist?

DESK BRIEF: Sections 35 and 36 of UAPA do not specify the criteria or procedures for arrest, giving absolute powers to the state.

13th Jul 2021

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The Desk

Justice Bhushan Retires on July 4th After Half a Decade at the Court

Bhushan J was part of 779 judgments, out of which he authored 258. Most of his judgments dealt with criminal law.

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3rd Jul 2021

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The Desk

Freedom of Speech and Expression: Different Arenas, Same Fight

The scope of the freedom of speech and expression has a long history in terms of judicial clarification.

26th Jun 2021

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Court Data

11.7% of High Court Judges are Women

11.7% of all the current judges of the 25 High Courts in India, are women.

24th Jun 2021

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The Desk

The Attorney General: Defender of the Constitution or Representative of the Government?

The AG’s choice of placing fidelity to the Constitution or the Government can have a significant impact on how the law is shaped.

22nd Jun 2021

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The Desk

Do Persons with Disabilities have the Right to Reservation in Promotion?

The Supreme Court has held that persons with disabilities have a right to reservation in promotion under Article 16(4).

17th Jun 2021

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The Desk

Sedition: 6 Must Reads

In this post we curate a list of must reads that look into the history, evolution and application of sedition law in the Indian context.

10th Jun 2021

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Channel

SCO Explains: COVID National Policy Hearings

In this episode of SCO Explains we discuss the developments in the Supreme Court hearings on the COVID-19 National Pandemic Policy.

4th Jun 2021

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The Desk

समान कानून कार्यक्षेत्र वाले देशों में देशद्रोह: भारत अमेरिका एवं ब्रिटेन

यूके और यूएसए में राजद्रोह के कानूनी इतिहास का पता लगाते हैं और क्या देशद्रोह अभिव्यक्ति की आज़ादी का एक अपवाद ,और अपराध है।  

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27th May 2021

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The Desk

Sedition in the Common Law Jurisdictions: UK, USA and India

Sedition originated in the UK. However, in the UK and US, the law has since been struck down or repealed. Will India follow?

20th May 2021

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Channel

SCO Explains: Indirect Discrimination in the Army

In this episode of SCO Explains, we look at the Supreme Court's judgment in Lt. Col. Nitisha v. Union of India.

30th Apr 2021

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The Desk

J Shantanagoudar’s 11 Most Important Judgments

We look at J. Shantanagoudar’s most notable judgments while on the bench.

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26th Apr 2021

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The Desk

J. Ramana Sworn In as 48th Chief Justice

CJI Ramana's seven-year term as a Supreme Court judge, through numbers and key judgments.

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24th Apr 2021

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