Gauri Kashyap's Posts

Analysis

Proportionality: Tried and Tested

In ruling that the Electoral Bond Scheme is invalid, the Court applied the double proportionality test to balance between fundamental rights

19th Feb 2024

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Scheme

Hearing Reports

Electoral Bonds Constitution Bench | Judgement Summary

Constitution Bench of the Supreme Court unanimously struck down the 2018 Electoral Bonds Scheme for violating a voter’s right to information

15th Feb 2024

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Electoral Bonds Constitution bench

Hearing Reports

Electoral Bonds Constitution Bench | Judgement Pronouncement

Supreme Court holds Electoral Bonds Scheme to be unconstitutional; directs SBI to submit Bond-related information to the ECI in three weeks

15th Feb 2024

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UAPA Tripura

Hearing Reports

Tripura UAPA Charges | Day 2: Petitioners argue gross misuse of UAPA to suppress reports on Tripura violence

The Tripura government argued that the case must first be heard in the High Court. Petitioner counsel to seek instructions.

14th Feb 2024

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Analysis

Monthly Review: January 2024

In January, the Supreme Court had a Constitution Bench hearing, delivered a judgement in the Bilkis Bano remission case, & appointed a judge

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12th Feb 2024

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Analysis

“The Supreme Court is watching” CJI warns Presiding Officer allegedly caught vote tampering in Chandigarh mayoral elections

CJI Chandrachud directed all records related to the Chandigarh mayoral election to be submitted for scrutiny

5th Feb 2024

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Court Data

80,221 cases pending in the Supreme Court in January 2024

The SC maintained its steady disposal rate in the first month of the new year, leading to a reduction in pendency numbers from December 2023

3rd Feb 2024

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Right to information, Anjali Bhardwaj, Amrita Johri

Analysis

“National political parties haven’t appointed information officers despite being subject to RTI law”: Anjali Bhardwaj, Amrita Johri

In a wide-ranging interview, the transparency activists also spoke about how the Electoral Bond Scheme compromises the right to information

31st Jan 2024

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Religion and Culture

Analysis

Supreme Court Review 2023: Religion and Culture

The Court’s performance this year was more defined by what it didn’t do than what it did—no hearing for the Hijab Ban and Sabarimala cases

6th Jan 2024

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Analysis

Looking Ahead…

….to what could move and shake the top court in 2024. Plus, a round-up of our year-end coverage

2nd Jan 2024

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Channel

Top 10 Judgements of the Supreme Court in 2023

2023 was an action-packed year for the Supreme Court. Here’s SCO’s review of the Top 10 judgements from 2023 and their fallout.

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30th Dec 2023

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Supreme Court 2023 Review: Pendency of cases

Court Data

Supreme Court makes a dent in pendency in 2023 despite closing with 80,439 open cases

The pendency number seems alarming but it needs to be viewed in the context of past figures, improved access and a change in counting method

28th Dec 2023

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Pending cases

Analysis

Though 80,346 cases remain pending in the top court, hope persists

The Supreme Court disposed of a record number of cases in 2023. Will it be enough to tackle the growing pile of pendency?

24th Dec 2023

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bond transparency

Channel

“An unequal playing field will not disappear once we have transparency”: Dr. Udit Bhatia on the Electoral Bonds Scheme

Bhatia argues that the democratic dividends of transparency are going to be lost if parties continue having disproportionate campaign power

21st Dec 2023

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Channel

Challenge to the Abrogation of Article 370 | Judgement Explainer

On 11 December 2023, the Supreme Court upheld the Union's abrogation of Article 370. Our explainer covers the key issues and what was held

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15th Dec 2023

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judgement matrix

Hearing Reports

Challenge to the Abrogation of Article 370 | Judgement Matrix

SCO’s judgement matrix breaks down the 476-page judgement which upheld the abrogation of Article 370

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12th Dec 2023

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Article 370 abrogation

Hearing Reports

Abrogation of Article 370 | Judgement Summary

A five-judge Bench of the Supreme Court unanimously upheld the abrogation Article 370 which gave Jammu and Kashmir’s special status

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11th Dec 2023

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sovereignty, Kashmir, Article 370

Analysis

Sovereignty and autonomy: What will next week bring for Kashmir?

Before the Supreme Court has the last word on J&K’s special status, a reminder of what is at stake

10th Dec 2023

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Senior Advocate C.S. Vaidyanathan, Advocate, Supreme Court of India

Channel

“Government officials should be made accountable if they resort to frivolous litigation”: Senior Advocate C.S. Vaidyanathan

Senior Advocate C.S. Vaidyanthan spoke about access to justice, accountability of government officials, SLPs at the Supreme Court and more.

4th Dec 2023

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Justice Sapana Malla, Judge, Supreme Court of Nepal

Channel

“To maintain the independency of judiciary, it is better that we have a collegium”: Justice Sapana Malla

Justice Malla, Judge, Supreme Court of Nepal, discussed diversity, PILs, executive interference in the appointments of judges and more.

1st Dec 2023

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Justice S.K. Kaul in Conversation with Supreme Court Observer

Channel

Everyone has a political view, but a Judge learns to shed it in Court, says Justice S.K. Kaul

In conversation with SCO, Justice S.K. Kaul spoke about mediation as the hope for better access to justice and diversity in Indian Courts

30th Nov 2023

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Kerala Governor Withholding of Bills

Hearing Reports

Kerala Governor’s Withholding of Bills | Day 2: Governance of Kerala is suffering, Court must step in strongly, K.K. Venugopal argues

Petitioners asked the Court to issue a set of guidelines on the contours of the power of the Governor to assent to bills under Article 200.

29th Nov 2023

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Analysis

“Judiciary of Sri Lanka has maintained independence, personalities haven’t mattered”: Justice Arjuna Obeyesekere

SCO spoke to the Sri Lankan Supreme Court judge about arbitration, judicial independence, and law’s influence on society

27th Nov 2023

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Transport Vehicle licence, Light Motor Vehicles

Hearing Reports

Separate Licence for Transport Vehicles | Day 5: Union to submit complete road map for amendment to Motor Vehicles Act by January 2024

The Supreme Court refused to give an open-ended adjournment in the case, and urged the Union to review amendments to the MVA expeditiously

22nd Nov 2023

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Kerala, Tamil Nadu governors

Analysis

Supreme Court asks why the TN Governor needs the Court’s intervention to pass bills per Article 200

The top Court heard challenges to the Kerala and Tamil Nadu Governors’ withholding of Bills passed twice by the state legislative assemblies

20th Nov 2023

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Channel

Challenge to the Electoral Bonds Scheme | Day 2

On Day 2, Solicitor General Tushar Mehta argued that the Electoral Bond Scheme ensures confidentiality and not anonymity

16th Nov 2023

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Channel

Challenge to the Electoral Bonds Scheme | Day 1

On Day 1, petitioners argued that anonymous corporate funding decimates a representative democracy

8th Nov 2023

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electoral bonds

Analysis

Privacy versus transparency: the electoral bonds story

DESK BRIEF: The choice between donor confidentiality and voter’s right to information will be crucial as we head towards the 2024 elections

5th Nov 2023

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Electoral Bonds scheme, Supreme Court of India

Hearing Reports

Electoral Bonds Constitution Bench | Day 3: EB Scheme protects donors’ right to privacy, Union argues

Petitioners in the challenge to electoral bonds scheme argued that privacy was an individual right, and is not awarded to companies.

2nd Nov 2023

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Electoral Bonds, Supreme Court of India, political funding

Hearing Reports

Electoral Bonds Constitution Bench | Day 2: EB Scheme ensures confidentiality, not anonymity, Solicitor General argues

The Bench stated that while the importance of confidentiality of donor was clear, the scheme only facilitated “selective confidentiality”

1st Nov 2023

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Electoral Bonds, Supreme Court of India (2)

Hearing Reports

Electoral Bonds Constitution Bench | Day 1: Anonymous corporate funding decimates a representative democracy

Petitioners argued that the electoral bonds scheme allowed an increase in corporate funding, black money circulation and corruption.

31st Oct 2023

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Electoral Bonds, Supreme Court of India

Analysis

Electoral bonds and democracy: What’s at stake?

Are electoral bonds the future of transparent elections, as the Union government claims, or the instrument of its demise?

31st Oct 2023

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Channel

SCO Explains: A Chief Justice in the minority: Why does this matter?

15% of dissents by a Chief Justice in a Constitution Bench were in the last two years alone. What does this mean?

25th Oct 2023

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Channel

SCO Explains: The plea for marriage equality judgement

A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?

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23rd Oct 2023

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Chief

Analysis

The Chief in the minority: Why does this matter?

DESK BRIEF: Since 1950, a Chief Justice has dissented all of 13 times in a Constitution Bench case

21st Oct 2023

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Hearing Reports

Plea for Marriage Equality: Judgement Matrix

SCO’s judgement matrix breaks down each judge’s opinion in the marriage equality judgement

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18th Oct 2023

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Hearing Reports

Plea for Marriage Equality: Judgement Summary

A five-judge Constitution Bench held that there is no fundamental right to marry for sexual minorities in India

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18th Oct 2023

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Medical Termination of Pregnancy (3)

Analysis

“Averse” to stilling heart of a viable foetus: Supreme Court rejects plea for termination of 26-week pregnancy

The Chief's 3-judge bench held that with no danger to mother and no foetal abnormalities, termination cannot be permitted beyond 24 weeks

16th Oct 2023

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Medical Termination of Pregnancy (4)

Analysis

How can we believe the prescription, Supreme Court asks petitioner seeking termination of 26-week pregnancy

The Supreme Court directed AIIMS to conduct an independent investigation into whether the petitioner was suffering from postpartum psychosis

16th Oct 2023

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Medical Termination of Pregnancy, Abortion

Analysis

Consistent on woman’s autonomy, but cannot ignore rights of the child, SC says in abortion plea

After a split verdict on aborting a 26-week pregnancy, CJI told lawyers to counsel the petitioner to continue the pregnancy for 8 more weeks

13th Oct 2023

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Transport Vehicle licence, Light Motor Vehicles

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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Channel

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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Channel

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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Channel

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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370

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

370

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.

370

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

Channel

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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Channel

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.

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31st Aug 2023

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J&K 370

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

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31st Aug 2023

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Channel

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.

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30th Aug 2023

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370

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.

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29th Aug 2023

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J&K 370

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.

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28th Aug 2023

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Channel

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.

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27th Aug 2023

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Channel

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.

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26th Aug 2023

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370 Union

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.

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24th Aug 2023

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Article 370

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.

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23rd Aug 2023

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J&K 370

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.

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22nd Aug 2023

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Channel

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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J&K 370

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.

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17th Aug 2023

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Channel

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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Abrogation of Article 370

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.

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16th Aug 2023

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Channel

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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Gopal

Channel

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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judgement matrix

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.

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10th Aug 2023

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abrogation

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.

Sibal

Channel

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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Article 370

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.

Rahul Gandhi

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.

Channel

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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Sibal

Channel

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.

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3rd Aug 2023

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Article 370 abrogation

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.

Abrogation of Article 370

Channel

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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Abrogation of Article 370

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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Control Over Delhi Administration, Ordinance

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.

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19th Jul 2023

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Transport Vehicle licence, Light Motor Vehicles

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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Transport Vehicle licence, Light Motor Vehicles

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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Supreme Court Monsoon Session

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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Tenure Extension for CBI ED Directors

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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diversity collegium inclusion

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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Woman Judges at the Supreme Court

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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Constituent Assembly

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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Tenure

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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Channel

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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Channel

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.

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17th Jun 2023

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Supreme Court of India | Assessing Vacation

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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Channel

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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sedition free speech

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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Channel

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.

Channel

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.

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26th May 2023

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Jallikattu Bull taming fighting tamil nadu

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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Channel

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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Channel

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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Channel

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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Channel

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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Dinesh Maheshwari, retirement, Supreme Court

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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Shiv Sena disqualification

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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Tenure Extension for CBI ED Directors

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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Tenure Extension for CBI ED Directors

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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Supreme Court Chair Collegium Appointments vacancy

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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Reservation policies in India

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.

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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

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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D.Y. Chandrachud

Channel

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?

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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.

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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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Channel

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.

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18th Oct 2022

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Channel

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.

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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.

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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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Channel

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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Channel

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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Channel

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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Channel

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.

Supreme Court Chair Collegium Appointments vacancy

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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Channel

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.

and

13th Sep 2022

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Channel

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.

and

12th Sep 2022

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Channel

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

Channel

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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Channel

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.

and

29th Aug 2022

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Live Streaming

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 Supreme Court will hear 25 of 41 pending five-Judge Constitution Bench cases from August 29th, 2022, as Justice U.U. Lalit becomes CJI.

24th Aug 2022

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Shiv Sena disqualification

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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PMLA

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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Shiv Sena disqualification

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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Shiv Sena disqualification

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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Pegasus Spyware

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

More
Shiv Sena disqualification

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.

and

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.

and

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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Next Supreme Court Chief Justices of India

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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Rakesh Asthana

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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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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Vanniyar Reservations tamil Nadu

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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Vanniyar Reservations tamil Nadu

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.

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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Vanniyar Reservations tamil Nadu

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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Vanniyar Reservations tamil Nadu

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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Vanniyar Reservations tamil Nadu

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.

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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PMLA judgement

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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PMLA judgement

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.

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.

and

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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Rakesh Asthana

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.

and

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.

and

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.

and

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.

and

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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Supreme Court of India | Assessing Vacation

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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Supreme Court of India | Assessing Vacation

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।  

and and

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.

and

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.

and

24th Apr 2021

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Blood donation

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

More
Supreme Court of India | Assessing Vacation

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.

and

25th Oct 2018

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