Gauri Kashyap's Posts

Hearing Reports
Separate Licence for Transport Vehicles | Day 4: Legality is a “small thing”, social impact is bigger, says CJI
The SC instructs Union to assess the impact of the current transport vehicle licence regime on road safety and livelihood of gig workers.
13th Sep 2023
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Analysis
Constitutional remedies only for those who will bend the knee?
DESK BRIEF: The Supreme Court demanded a person seeking protection under Article 32 to prove their allegiance to India in an affidavit.
11th Sep 2023
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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 16
The SC reserved judgement after hearing arguments from 40 counsel
11th Sep 2023
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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 15
“If 370 is beyond the reach of amendment, is it above basic structure?” Court asks Petitioners
8th Sep 2023
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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 14
Respondents argued that the legitimacy of J&K Constitution came directly from the Indian Constitution
5th Sep 2023
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Hearing Reports
Abrogation of Article 370 | Day 16: SC reserves judgement after hearing arguments from 40 counsel
The final day of arguments began with tempers running high over lead petitioner’s Mohammad Lone’s affidavit and his “allegiance” to India
5th Sep 2023
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Hearing Reports
Abrogation of Article 370 | Day 15: “If 370 is beyond the reach of amendment, is it above basic structure?” Court asks Petitioners
After submissions by 18 advocates in support of the abrogation of Article 370, Senior Advocate Kapil Sibal began rejoinder arguments.
4th Sep 2023
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Hearing Reports
Abrogation of Article 370 | Day 14: Legitimacy of J&K Constitution came directly from the Indian Constitution, respondents argue
Senior Advocate Dwivedi contended that the recommendation of the J&K Constituent Assembly was never meant to be binding on the President
1st Sep 2023
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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 13
Respondents argued that there is no limit on President’s power to pull plug on special status of J&K
1st Sep 2023
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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 12
SG Tushar Mehta argued that Jammu & Kashmir has seen rapid development since it was made a Union Territory.
31st Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 13: No limit on President’s power to pull plug on special status of J&K, respondents argue
Solicitor General Tushar Mehta informed the Court that the Union couldn’t commit to a date for restoring statehood for J&K
31st Aug 2023
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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 11
Solicitor General Tushar Mehta argued that removing Art. 370 was Union’s way to rectify the mistakes of the past.
30th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 12: J&K has seen rapid development since it was made a Union Territory
Union argues that the President had untrammelled power to repeal Art. 370 as part of larger goal of national integration.
29th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 11: Removing Art. 370 Was Union’s Way to Rectify the Mistakes of the Past
Solicitor General Tushar Mehta argues that people of J&K were wrongly convinced that Article 370 was a boon.
28th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 10
The Constitution Bench heard the Unions opening arguments in support of the abrogation of Article 370.
27th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 8, 9
On Days 8 and 9, 12 counsels appearing for the petitioners in the challenge to Article 370 argued before the Supreme Court.
26th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 10: Constitution of J&K is merely an Act providing for internal governance of the state, argues Solicitor General
The Union advanced the view that Article 370 promoted a “psychological duality” that was being taken advantage of by forces against India.
24th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 9: What makes the relationship between India and J&K binding, asks CJI
Petitioners conclude arguments; counsel dig deep into constitutional history to argue against revocation.
23rd Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 8: On reorganisation of J&K, misuse of President’s Rule and protection of minorities
Article 370 represented a constitutional promise to protect a religious minority, argues P.C. Sen.
22nd Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 7
Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.
17th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 7: Reorganisation of J&K into Union Territories is contrary to federalism, argue Petitioners
Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.
17th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 6
Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.
16th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 6: Power of the President under Article 356 is not absolute, argues Dhavan
Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.
16th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 5
Senior Advocate Zaffar Ahmad Shah contended that the autonomy of J&K was decimated by the abrogation of Article 370.
11th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 4
Sr. Adv. Gopal Subramanium argued that Article 370 could only be repealed with the concurrence of the J&K Constituent Assembly.
10th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 5: Union Had No Authority to Dismantle Autonomy of J&K
By applying select parts of the Indian Constitution to itself, J&K showed that they retained autonomy under Art. 370 even after accession.
10th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 4: J&K Constituent Assembly made Art. 370 Permanent in the State’s Constitution
Sr. Adv. Gopal Subramanium argued Art. 370 is a manifestation of the federal structure envisaged for J&K.
9th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 3
Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.
8th Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 3: Executive Decisions Cannot Permanently Alter the Constitution
Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.
8th Aug 2023
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Analysis
Rahul Gandhi’s Criminal Defamation Conviction and Sentencing Unjustified, says Supreme Court
The Bench held that the two-year jail term awarded to Rahul Gandhi for his Modi remark was excessive and devoid of reason.
4th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 2
Senior Advocate Kapil Sibal argued that there was no constitutional mechanism to abrogate Article 370.
4th Aug 2023
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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 1
Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.
3rd Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 2: Parliament Cannot Take the Place of a Constituent Assembly
Senior Advocate Kapil Sibal argued that the process of abrogating Article 370 was a political ploy.
3rd Aug 2023
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Hearing Reports
Abrogation of Article 370 | Day 1: Art. 370 a Permanent Feature of the Constitution
Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.
2nd Aug 2023
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Supreme Court to Hear Challenges to the Abrogation of Article 370 after 4-year Delay
As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.
31st Jul 2023
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Analysis
Supreme Court to Hear Challenges to the Abrogation of Article 370 after 4-year Delay
DESK BRIEF: As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.
29th Jul 2023
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Analysis
War Over Control of Delhi Resumes, Supreme Court Refers Case to 5-Judge Bench
The Supreme Court will decide if Parliament has the power to make laws for Delhi that effectively amend the Constitution under Art. 239AA.
23rd Jul 2023
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Analysis
Supreme Court Grants Bail to Teesta Setalvad
The Supreme Court quashed the Gujarat High Court’s rejection of bail to Teesta Setalvad, calling its reasoning perverse.
19th Jul 2023
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Hearing Reports
Licences for Transport Vehicles | Day 2: Passengers in Danger if all are Allowed to Drive Transport Vehicles
Seven advocates argued against allowing standard licence holders to drive transport vehicles, raising concerns of road safety.
19th Jul 2023
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Hearing Reports
Separate Licences for Transport Vehicles | Day 1: Petitioners Argue that LMVs and Transport Vehicles are Distinct
Sr. Adv. Siddharth Dave argued that the MVA creates a distinction between Light Motor Vehicles and Transport Vehicles.
18th Jul 2023
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Hearing Reports
Challenge to Delhi Service Ordinance | Day 2: Supreme Court Considers Constitution Bench Reference
Bench noted that the scope of Art. 239AA is unclear, and may require a larger bench. Delhi to argue against reference next week.
17th Jul 2023
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Analysis
Supreme Court Upholds Union Power to Control CBI, ED Directors’ Tenure
DESK BRIEF: Two weeks into the monsoon session of the Supreme Court, we saw active Constitution Benches, and few critical judgements.
15th Jul 2023
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Hearing Reports
Tenure Extension to CBI and ED Directors: Judgement Pronouncement
The SC upheld the Amendments allowing the Union to extend the tenure of CBI and ED Directors. Mr. S.K Mishra’s tenure to end on July 31st.
11th Jul 2023
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Analysis
Has the Supreme Court Collegium’s Focus Shifted to Diversity and Inclusion?
DESK BRIEF: Recent Collegium recommendations show a renewed attention towards ensuring regional and gender diversity in Indian courts.
8th Jul 2023
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Analysis
The SC Returns: What Can We Expect from the Top Court?
DESK BRIEF: The Supreme Court is all set to reopen on Monday, and has key judgements, and important hearings on its docket.
1st Jul 2023
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Court Data
4% of Supreme Court Judges of All Time are Women
In the 50s, 60s, 70s, and most of the 80s, the Supreme Court had no women Judges. Since 1989, it has had 11.
30th Jun 2023
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Court Data
9 out of 25 High Courts are Not Represented at the SC
Regional diversity is one of the factors the Collegium considers in recommending judges to the Supreme Court.
28th Jun 2023
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Analysis
Framers of the Constitution on Retirement Age of SC Judges
In setting the age of retirement for Supreme Court Judges, the Constituent assembly considered Judicial independence, ability and expertise.
26th Jun 2023
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Court Data
Sitting Judges of the Supreme Court Serve an Average 5.4 Year Tenure
Nearly half the sitting Judges of the SC will serve less than the average tenure.
23rd Jun 2023
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Long SC Vacations: Wasteful or Crucial for Quality of Justice?
With 68,000+ cases pending at the SC, many criticise it for its 6-7 week summer vacation. This break, however, might be crucial for its work
22nd Jun 2023
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Supreme Court Cases on the rights of LGBTQIA+ Persons
We trace the evolution of the rights for Queer persons across 4 landmark judgments, and a 5th pending case before the SC.
17th Jun 2023
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Analysis
Long SC Vacations: Wasteful or Crucial for Quality of Justice?
With 68,000+ cases pending at the SC, many criticise it for its 6-7 week summer vacation. This break, however, might be crucial for its work
10th Jun 2023
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279th Law Commission Report Recommends Stricter Sedition Laws
SCO Explains the 279th Law Commission report which recommends increased punishment and wider application of sedition law.
6th Jun 2023
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Analysis
Stronger Suppression of ‘Dangerous’ Speech a Must, Says Law Commission
DESK BRIEF: In its 279th Report, the Law Commission recommended broadening the scope of sedition and increasing quantum of punishment.
5th Jun 2023
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In Just 5 Months, SC conducted 55 CB Hearings
The SC has conducted a remarkable 55 Constitution Bench hearings in just 5 months. Why does this matter? SCO investigates.
1st Jun 2023
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SCO Explains: Summer Session Review
With the SC on summer vacation, its time to recap all the key developments at the top Court so far.
26th May 2023
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Analysis
Interview: Mr. Alok Hisarwala Gupta on Jallikattu and Animal Rights
Animal rights activist Mr. Alok Hisarwala Gupta discusses the SC verdict which upheld Jallikattu, and its impact on the rights of animals.
23rd May 2023
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Union Ordinance Contradicts SC Judgement granting Delhi Government Power Over NCT Delhi
SCO breaksdown the Unions Ordinance that defies the SC's decision.
22nd May 2023
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Shiv Sena Rift and the SC’s Constitution Bench Judgement
SCO Explains the rift within the Shiv Sena. We then discuss the 5-Judge Bench decision that marks an important chapter in anti-defection law
20th May 2023
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SCO Daily: Supreme Court Upholds Jallikattu in Tamil Nadu
The Supreme Court held that Jallikattu and bullock-cart racing were protected as cultural practices under Article 29 of the Constitution.
18th May 2023
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Analysis
Collegium Recommends 2 New Judges to the SC
SC Collegium recommends Justice Prashant Kumar Mishra, Chief Justice, Andhra Pradesh HC and Senior Advocate Mr. K.V. Viswanathan to the SC.
16th May 2023
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SCO Daily: Validity of tenure extension of CBI and ED Directors
The Supreme Court has reserved Judgement in the case to decide if the Union should hold the power to extend CBI & ED Director tenures.
16th May 2023
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Analysis
Justice Dinesh Maheshwari’s Notable Judgements
Dinesh Maheshwari J authored 110 Judgements in his 4-year tenure at the Supreme Court, and was on the Bench for the leading cases of 2022.
12th May 2023
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Hearing Reports
Judgement Summary: Maharashtra Political Crisis
The SC referred Nabam Rebia (2016) to a larger Bench, and held appointment of party leader and chief whip to be illegal.
11th May 2023
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Hearing Reports
Judgement Matrix: Maharashtra Political Crisis
SCO breaks down the Judgement in the Maharashtra political crisis case in a simple matrix format.
11th May 2023
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Analysis
Countdown to Vacation: What does the SC Have on its Docket?
DESK BRIEF: SCO lists key cases the SC is expected to hear over two weeks as its before its 40 day vacation this month.
8th May 2023
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Hearing Reports
CBI/ED Tenure Extension Day #4: SC Reserves Judgement
The Union argued that it was compliant with the 2021 Common Cause Judgement in amending the CVC and DSPE Acts.
8th May 2023
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Analysis
Parties in Marriage Equality Challenge to Discuss Possible Solutions
All parties in the case will meet this weekend to explore administrative changes outside of the right to marry.
5th May 2023
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Hearing Reports
CBI/ED Tenure Extension Day #3: Union Argues Extension Devoid of Government Influence
The Solicitor General argued that appointments were made by an independent body, and that money laundering cases needed flexibility in law.
3rd May 2023
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Analysis
‘Irreparable Injury’ from Interim Orders of the Supreme Court
Interim Orders protect the interests of all parties while a case is pending. In some cases, the SC struggles to maintain that balance.
24th Apr 2023
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Analysis
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 2023
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Analysis
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 2022
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Court Data
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 2022
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Hearing Reports
ECI Appointments: Arguments Matrix
Breaking down four days of arguments on whether the present appointment process for Election Commission members is unconstitutional.
8th Dec 2022
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Analysis
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 2022
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Analysis
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 2022
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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 2022
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Hearing Reports
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 2022
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Analysis
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 2022
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Analysis
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 2022
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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 2022
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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 2022
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Hearing Reports
Hijab Ban: SC Judgment Matrix
Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict in the case.
13th Oct 2022
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Hearing Reports
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 2022
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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 2022
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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 2022
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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 2022
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Hearing Reports
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 2022
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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 2022
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Hearing Reports
EWS Reservation Day #2: Petitioners Argue that EWS Reservations are a ‘Constitutional Fraud’
Petitioners argued that reservations are meant to be 'class based' remedies for backward classes, while EWS considered economic basis alone.
13th Sep 2022
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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 2022
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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 2022
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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 2022
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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 2022
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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 2022
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Analysis
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 2022
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Analysis
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 2022
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Analysis
Getting Digital Access to the Supreme Court
The Supreme Court live streamed Court proceedings for the first time in its history today.
26th Aug 2022
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Analysis
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 2022
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Hearing Reports
Disqualification of Maharashtra MLAs Day #6: CJI Refers Case to 5-Judge Constitution Bench
The Bench referred questions of defection and disqualification arising from the 2022 Maharashtra political crisis to a 5-Judge Bench.
23rd Aug 2022
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Analysis
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 2022
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Hearing Reports
Freebies in Elections #2: CJI Hesitant to Intervene in Policy Considerations
The Bench appeared hesitant, considered whether the Court was the appropriate forum to hear this predominantly legislative issue.
8th Aug 2022
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Hearing Reports
Disqualification of Maharashtra MLAs Day #4: Shinde Faction Argues that SC is Not the Right Forum
The SC heard arguments from all parties, and sought clarity on the issues of maintainability of the case, and application of defection law.
3rd Aug 2022
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Analysis
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 2022
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Hearing Reports
Disqualification of Maharashtra MLAs Day #3: SC Directs Parties to List out Key Issues
The Bench instructed the parties to cull out key issues, to decide if the case needs consideration of larger bench.
20th Jul 2022
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Analysis
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 2022
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Analysis
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 2022
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Hearing Reports
Disqualification of Maharashtra MLAs Day #2: CJI Directs Speaker to Halt Disqualification Proceedings
CJI Ramana asked the Solicitor General to inform the newly appointed Speaker to halt the disqualification proceedings against the Rebel MLAs
11th Jul 2022
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Analysis
Back From Vacation: What Awaits the Supreme Court?
DESK BRIEF: The SC returns to full functioning after six weeks of summer vacation.
11th Jul 2022
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Analysis
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 2022
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Analysis
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 2022
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Court Data
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 2022
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Analysis
Monthly Review: May 2022
SC judges begin summer vacation after a month of hearings on religion, administration and freedom of speech.
2nd Jun 2022
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Analysis
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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Analysis
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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Analysis
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 2022
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Hearing Reports
Fixing Arbitrators Fee #7: Attorney General Submits Rejoinder, Judgment Reserved
The Bench heard the Union's demands to cap arbitrators' fees, and whether claim and counterclaim should be calculated separately.
11th May 2022
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Hearing Reports
Rakesh Asthana Update: Case May Soon Become Infructuous
The challenge to the appointment of Rakesh Asthana as Delhi Police Commissioner has been for the 11th time. Mr. Asthana will soon retire.
10th May 2022
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Analysis
Umar Khalid’s Bail Application Tracker
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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Hearing Reports
Fixing Arbitrators Fee #3: Between High Court Rules on Fees and 4th Schedule, HC Rules Must Prevail
The Attorney General argued that arbitrators cannot unilaterally fix their fees, and must follow the 1996 Arbitration Act.
7th Apr 2022
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Hearing Reports
Amazon-Future Hearing #6: Order Allowing Parties to Resume Arbitration at Singapore
Amazon and Future agreed to resume arbitration in Singapore.
6th Apr 2022
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Hearing Reports
Vanniyar Reservations: Judgment Matrix
The Supreme Court declared Tamil Nadu’s Vanniyar reservations unconstitutional. SCO Breaks down the Judgement in its Matrix.
5th Apr 2022
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Hearing Reports
Vanniyar Reservation: Judgment Summary
On March 31st 2022, Justices Nageswara Rao and B.R. Gavai declared Tamil Nadu’s Vanniyar reservations law unconstitutional.
4th 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.
4th Apr 2022
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Hearing Reports
Amazon-Future Hearing #4: Future Did not Transfer its Assets, was Forced to Surrender Lease
Sr. Adv. Salve argued that Future Group did not transfer their stores to Reliance, but had to surrender the lease due to bankruptcy.
1st Apr 2022
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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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Analysis
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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Analysis
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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Hearing Reports
Hijab Ban: Karnataka High Court Judgment Matrix
The Karnataka High Court upheld the hijab ban in government schools and colleges. SCO breaks down the Judgement.
16th Mar 2022
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Hearing Reports
Amazon-Future Hearing #3: Interim Relief Vital to Continue Arbitration in Singapore
Parties agreed that arbitration before SIAC should continue. Mr. Subramaniam raised concerns about Reliance's continued takeover of stores.
16th Mar 2022
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Hearing Reports
Amazon-Future Hearing #2: Amazon Permitted to Seek Interim Relief
After failed negotiations, the Bench directed Amazon to submit an application explaining the exact relief they seek in this case.
15th 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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Analysis
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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Analysis
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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Hearing Reports
Reservations in Promotion Day #1: SC Scrambles to Hear all Petitions
Justices Rao and Gavai appeared unsure as to how over 80 petitions seeking clarity on data would be heard.
24th Feb 2022
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Hearing Reports
Challenges to the Prevention of Money laundering Act #16: SG Tushar Mehta Explains Evolution of Money Laundering
Mr. Mehta narrated the story of Al Capone, who used laundromats in the US, and took the court through other international developments.
23rd Feb 2022
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Hearing Reports
Vanniyar Reservation Day #3: Petitioner Argues TN Not Competent to Identify Backward Classes
The Court heard arguments on the legitimacy of the data used to provide reservations for Vanniyars within the reservations for MBCs.
22nd Feb 2022
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Analysis
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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Hearing Reports
Vanniyar Reservation Day #2: Tamil Nadu Argues Subclassification of Vanniyars is Valid
Justices Rao and Gavai refused to refer the Vanniyar Reservations case to a larger Bench. Arguments on the merits of the case began.
16th Feb 2022
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Analysis
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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Hearing Reports
Vanniyar Reservation Day #1: SC Consideres 5-Judge Bench Reference
Senior Advocate Dr. Abhishek Manu Singhvi argued that the case must be referred to a 5-Judge Bench, as it concerns larger questions of law.
15th Feb 2022
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Analysis
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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Analysis
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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Hearing Reports
Writ Petition Summary: Kajal Mangal Mukhi
Mx. Kajal Mangal Mukhi challenged the Transgender Persons (Protection of Rights) Act, 2019 for violating Articles 14, 15 and 21.
7th 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.
3rd Feb 2022
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Analysis
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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Analysis
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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Analysis
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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Analysis
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.
25th Jan 2022
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Analysis
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 2022
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Analysis
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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Analysis
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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Analysis
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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Analysis
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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Analysis
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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Analysis
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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Analysis
SC Judgment Review 2021: Tribunals
In 2021, the Supreme Court issued two important judgments on Statutory Tribunals.
28th Dec 2021
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Analysis
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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Analysis
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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Analysis
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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Analysis
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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Hearing Reports
Rakesh Asthana’s Appointment as DPC: Writ Petition Summary (CPIL)
Centre for Public Interest Litigation filed a writ petition arguing that Mr. Asthana's appointment of contradicts SC’s decisions.
9th Dec 2021
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Hearing Reports
Gig Workers’ Access to Social Security: Writ Petition Summary (The Indian Federation of App-based Transport Workers)
The Indian Federation of App-based Transport Workers, filed a petition before the Supreme Court social security benefits for gig workers.
7th Dec 2021
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Analysis
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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Analysis
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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Analysis
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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Hearing Reports
Suo Moto Powers of the NGT: Judgment Summary
The Supreme Court held that the NGT is vested with suo moto powers under the wide scope of the National Green Tribunal Act, 2010.
7th Oct 2021
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Analysis
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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Analysis
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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Analysis
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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Analysis
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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Hearing Reports
OBC & EWS Reservation in PG NEET: Writ Petition Summary (Apurv and Sooryanshu)
Medical students argue that this reservation scheme violates the rights of unreserved, meritorious candidates under the AIQ scheme
20th Sep 2021
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Analysis
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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Analysis
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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Analysis
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 2021
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Analysis
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 2021
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Analysis
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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Analysis
Striking Down the ‘Barrier’ of Disability
DESK BRIEF: The Court has upheld the right to reservation in promotions for persons with disability.
28th Jul 2021
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Analysis
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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Analysis
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 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.
22nd Jul 2021
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Analysis
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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Hearing Reports
Implementation of S.66A: Writ Petition Summary (PUCL)
The petitioner submits that the prosecution under Section 66A has continued even after it was struck down in Shreya Singhal v Union of India
6th Jul 2021
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Analysis
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 2021
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Hearing Reports
Sabarimala Review: Writ Petition Summary (All Kerala Brahmins Association )
SCO summarises the Writ Petition filed by the Kerala Brahmana Sabha challenging the Supreme Court's judgment.
28th Jun 2021
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Hearing Reports
Sabarimala Review: Writ Petition Summary (Nair Service Society )
SCO summarises the Nair Service Society petition on allowing women's entry into Sabarimala temple.
28th Jun 2021
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Analysis
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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Hearing Reports
Muslim Marriage Laws: Writ Petition Summary (Nafisa Khan)
Summary of the writ petition filed by Nafisa Khan challenging the practices of polygamy and Nikah-Halala.
25th 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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Analysis
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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Hearing Reports
Legality of SC/ST Act Amendment: Writ Petition Summary (Prithvi Raj Chauhan & Priya Sharma)
Summary of the writ petition filed by Prithvi Raj and Priya Sharma challenging the 2018 Amendment to the Prevention of Atrocities Act.
22nd Jun 2021
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Analysis
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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Hearing Reports
Muslim Marriage Laws: Writ Petition Summary (Sameena Begum)
Summary of the writ petition filed by Sameena Begum challenging the constitutional validity of the practices of Polygamy and Nikah-Halala.
15th Jun 2021
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Hearing Reports
Muslim Marriage Laws: Writ Petition Summary (Ashwini Kumar Upadhyay)
Summary of the writ petition filed by Ashwini Kumar challenging the constitutional validity of the practices of Polygamy and Nikah-Halala.
15th Jun 2021
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Analysis
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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Hearing Reports
MLA Bribery: Special Leave Petition Summary (Sita Soren)
The petitioner, an MLA, is seeking to appeal the Jharkhand HC's order which held that she did not have immunity from prosecution for bribery
8th 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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Hearing Reports
Parsi Excommunication: Special Leave Petition Summary
The Petitioner was refused the right to enter the Parsi institutions in her hometown, and the right to perform the last of her parents.
28th May 2021
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Hearing Reports
Female Genital Mutilation: Writ Petition Summary
Advocate Sunita Tiwari filed a writ petition against the practice of 'Khatna' or female genital mutilation for discriminating against women.
28th May 2021
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Analysis
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 2021
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Analysis
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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Hearing Reports
Writ Petition Summary (Kishorelal Wangkhemcha & Kanhaiya Lal Shukla)
Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla challenge the constitutionality of Section 124A of the IPC, for violating Article 19.
18th 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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Analysis
J Shantanagoudar’s 11 Most Important Judgments
We look at J. Shantanagoudar’s most notable judgments while on the bench.
26th Apr 2021
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Analysis
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 2021
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Hearing Reports
Writ Petition Summary
NBTC and NACO issued guidelines permanently ban transgender persons, men having sex with men, and female sex workers from donating blood.
17th Feb 2021
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Hearing Reports
Sabarimala Temple Entry: Judgment Matrix
SCO's Judgment Matrix breaks down the Judgment, listing the opinion of each Judge on each issue deliberated by the Bench.
25th Oct 2018
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