Gauri Kashyap's Posts
In Four Resolutions, SC Collegium Strikes Back at Union Government
The SC Collegium reiterated five names, highlighted delays caused by the Union, and gave insight into Union’s Considerations in appointments
20th Jan 2023More
2022 Supreme Court Review: Reservations
Judgments on various reservation policies this year provided little clarity on what this affirmative action measure is meant to accomplish.
28th Dec 2022More
Are People Filing Fewer Cases at the SC Since COVID?
The number of cases filed at the SC in 2022 has begun to return to pre-pandemic numbers, as SC’s measures to provide access take root.
27th Dec 2022More
ECI Appointments: Arguments Matrix
Breaking down four days of arguments on whether the present appointment process for Election Commission members is unconstitutional.
8th Dec 2022More
Supreme Court Asks Centre To Reply On Recognising Same Sex Marriage
Two gay couples argue that they are deprived of many rights since same sex marriage is not recognised in India
26th Nov 2022More
SCO Shorts: Challenge to Appointments in the Election Commission of India
A 5-Judge Bench is deciding whether the appointment process in the ECI is unconstitutional and must be reformed.
24th Nov 2022More
SCO Daily: Who Is Chief Justice Chandrachud?
Justice D.Y. Chandrachud began his 2-year term as the Chief Justice of India today. So who is CJI Chandrachud?
9th Nov 2022More
Freebies in Elections Day #6: CJI Reiterates 3-Judge Bench Reference
Petitioners sought the Bench to form a committee to propose a standard election manifesto format to be followed by all political parties.
1st Nov 2022More
Making a Constitutional Court Work
DESK BRIEF: How the Judges run Constitution Benches is critical to determine if the Court can be an effective custodian of the Constitution.
31st Oct 2022More
Buried in Words: Supreme Court Struggles with Long Submissions
To be an efficient Constitutional Court, SC must devise a way to cut down length of submissions.
30th Oct 2022More
SCO Daily: Why Was Umar Khalid Denied Bail Under UAPA?
The Delhi HC on October 18th held that there was a valid case against Khalid for the offences he was accused of.
18th Oct 2022More
SCO Daily: Hijab Ban Split Verdict Bookends Justice Gupta’s Tenure
SCO recaps Justice Hemant Gupta's life, career, judgments, and overall tenure at the Supreme Court.
14th Oct 2022More
Hijab Ban: SC Judgment Matrix
Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict in the case.
13th Oct 2022More
Implementation of Shreya Singhal Day #2: Order Pronounced with Four Directions
All pending charges under S66A stand deleted. Onus on government authorities to ensure the end of further use.
12th Oct 2022More
SCO Daily: 69,461 Cases Pending in the Supreme Court
By the end of September, the number of pending cases at the SC fell below 70,000 for the first time this year.
10th Oct 2022More
SCO Daily: Live-streaming Begins, EWS Reservation Judgment Reserved
A historic first in SC Livestreaming, three Constitution Bench developments, addition of a Fourth Constitution bench announced.
28th Sep 2022More
SCO Daily: Union Begins Arguments in EWS Reservations and the Hijab Ban
Union argued that the Hijab Ban promoted equality. In the EWS Challenge, they argued that the 50% reservation limit applied only for SC/STs.
20th Sep 2022More
EWS Reservations Day #4: Reservations on Economic Criteria Violates Basic Structure of the Constitution
Advocate Shadan Farasat argued against SC/ST exclusion from EWS reservations and suggested considering alternatives to reservation.
15th Sep 2022More
SC Daily Update: Karnataka Hijab Ban and Constitution Bench EWS Hearing
Advocate Shadan Farasat argued that backward classes are more likely to be economically weaker and can't be excluded from EWS Reservations.
15th Sep 2022More
SC Daily Update: Challenge to Reservations for Economically Weaker Citizens
Hearings in the challenge to reservation for economically backward citizens began. Key questions on the purpose of reservations were raised.
13th Sep 2022More
SC Daily Update: Gyanvapi Mosque Dispute, challenge to the Places of Worship Act, 1991 and Arguments in the Hijab Ban
The Varanasi District Court rejected the argument that the Places of Worship Act disallows any investigation in the places of worship.
12th Sep 2022More
SC Daily Update: SC Hears Arguments on Hijab Ban and EWS Reservations
A 2-Judge Bench of the Supreme Court Heard Arguments Seeking a Constitution Bench Referral For the Hijab Ban Challenge
8th Sep 2022More
SC Daily Update: Day 2 of Hijab Hearings, Onus Placed on State to Accommodate Religious Practices
Plea for the case to be heard by a larger Bench, as it involves constitutional questions about accommodations for religious practices.
7th Sep 2022More
SC Daily Update: Section 66A, Justice Indira Banerjee’s Constitution Benches
Today the SC directed the Union to submit a report on which State governments were non-compliant with the SC's Judgment Shreya Singhal.
6th Sep 2022More
The Right to Privacy in Our Republic: A Talk at Ranga Shankara
5 years after the Supreme Court recognised privacy as a Fundamental Right, we discussed how the right came to be, and what it means.
6th Sep 2022More
Constitution Bench Revival: Breaking Ground for Reform
DESK BRIEF: CJI U.U. Lalit’s short 2.5 month term may mark a turning point for the Court.
29th Aug 2022More
Getting Digital Access to the Supreme Court
The Supreme Court live streamed Court proceedings for the first time in its history today.
26th Aug 2022More
SC Lists 25 Constitution Bench Cases for September
The Court will hear 25 of 41 pending 5-Judge Bench cases from August 29th. Justice U.U. Lalit will begin to serve as CJI in the same week.
24th Aug 2022More
SCO Shorts: The Money Laundering Judgment (PMLA)
On July 27th, 2022, the SC held that the Prevention of Money Laundering Act must be stringent, as it was designed to tackle a heinous crime.
9th Aug 2022More
Maharashtra Political Crisis: Are Party Defections and Party Splits the Same?
With the application of defection law being unclear, the SC will decide whether the case needs to be heard by a larger Bench.
22nd Jul 2022More
Pegasus Update: Investigating Privacy Violation in Full Public View
DESK BRIEF: Depositions made before the Technical Committee are published on its website, but there is no other update on the investigation.
16th Jul 2022More
Pegasus Depositions: Mr. J Gopikrishnan
Mr. J Gopikrishnan, a journalist at The Pioneer, submitted that he had been under surveillance since 2006, since he wrote about the 2G Scam.
14th Jul 2022More
Back From Vacation: What Awaits the Supreme Court?
DESK BRIEF: The SC returns to full functioning after six weeks of summer vacation.
11th Jul 2022More
SCO Shorts: Shiv Sena’s Floor Test in Maharashtra
SC refuses to delay the impending Maharashtra floor test. Uddhav Thackarey promptly resigns as CM.
30th Jun 2022More
SCO Shorts: Zakia Jafri and the 2002 Gujarat Riots
The SC decision upholding the ‘clean chit’ given to the accused in the 2002 Gujarat Riots, ends Mrs. Zakia Jafri’s long legal battle.
30th Jun 2022More
2020 Saw a Historic High of Suo Moto Cases at the SC
COVID-19 caused an unexampled surge in suo moto action taken by the Supreme Court, with 10 suo moto cases recorded in 2020.
17th Jun 2022More
Monthly Review: May 2022
SC judges begin summer vacation after a month of hearings on religion, administration and freedom of speech.
2nd Jun 2022More
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 2022More
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 2022More
Next 9 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 2022More
Fixing Arbitrators Fee #7: Attorney General Submits Rejoinder, Judgment Reserved
11th May 2022More
Rakesh Asthana Update: Case May Soon Become Infructuous
10th May 2022More
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 2022More
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 2022More
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 2022More
Vanniyar Reservations: Judgment Matrix
5th Apr 2022More
Vanniyar Reservation: Judgment Summary
4th Apr 2022More
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.
4th Apr 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
Vanniyar Reservation Day #3: Petitioner Argues TN Not Competent to Identify Backward Classes
22nd Feb 2022More
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 2022More
Vanniyar Reservation Day #2: Tamil Nadu Argues Subclassification of Vanniyars is Valid
16th Feb 2022More
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 2022More
Vanniyar Reservation Day #1: SC Consideres 5-Judge Bench Reference
15th Feb 2022More
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 2022More
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 2022More
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 2022More
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.
3rd Feb 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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.
25th Jan 2022More
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.
22nd Jan 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
SC Judgment Review 2021: Tribunals
In 2021, the Supreme Court issued two important judgments on Statutory Tribunals.
28th Dec 2021More
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 2021More
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 2021More
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 2021More
SC Judgment Review 2021: Equality
In 2021, the Supreme Court issued three important judgments on substantive equality.
21st Dec 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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.
18th Aug 2021More
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.
12th Aug 2021More
Monthly Review: July 2021
The Supreme Court made important decisions on land acquisition,and dismissed the review petition against the Maratha judgment.
1st Aug 2021More
Striking Down the ‘Barrier’ of Disability
DESK BRIEF: The Court has upheld the right to reservation in promotions for persons with disability.
28th Jul 2021More
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 2021More
Women in the Judiciary- Have we Come Far from the 30s?
DESK BRIEF: Justice Leila Seth was the first woman to be Chief Justice of a High Court. Her autobiography tell us this was no small feat.
23rd Jul 2021More
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.
22nd Jul 2021More
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 2021More
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.
3rd Jul 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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 2021More
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।
27th May 2021More
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 2021More
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 2021More
J Shantanagoudar’s 11 Most Important Judgments
We look at J. Shantanagoudar’s most notable judgments while on the bench.
26th Apr 2021More
J. Ramana Sworn In as 48th Chief Justice
CJI Ramana's seven-year term as a Supreme Court judge, through numbers and key judgments.
24th Apr 2021More
25th Oct 2018More