Gauri Kashyap's Posts

The SC instructs Union to assess the impact of the current transport vehicle licence regime on road safety and livelihood of gig workers.

DESK BRIEF: The Supreme Court demanded a person seeking protection under Article 32 to prove their allegiance to India in an affidavit.

The SC reserved judgement after hearing arguments from 40 counsel

“If 370 is beyond the reach of amendment, is it above basic structure?” Court asks Petitioners

Respondents argued that the legitimacy of J&K Constitution came directly from the Indian Constitution

The final day of arguments began with tempers running high over lead petitioner’s Mohammad Lone’s affidavit and his “allegiance” to India

After submissions by 18 advocates in support of the abrogation of Article 370, Senior Advocate Kapil Sibal began rejoinder arguments.

Senior Advocate Dwivedi contended that the recommendation of the J&K Constituent Assembly was never meant to be binding on the President

Respondents argued that there is no limit on President’s power to pull plug on special status of J&K

SG Tushar Mehta argued that Jammu & Kashmir has seen rapid development since it was made a Union Territory.

Solicitor General Tushar Mehta informed the Court that the Union couldn’t commit to a date for restoring statehood for J&K

Solicitor General Tushar Mehta argued that removing Art. 370 was Union’s way to rectify the mistakes of the past.

Union argues that the President had untrammelled power to repeal Art. 370 as part of larger goal of national integration.

Solicitor General Tushar Mehta argues that people of J&K were wrongly convinced that Article 370 was a boon.

The Constitution Bench heard the Unions opening arguments in support of the abrogation of Article 370.

On Days 8 and 9, 12 counsels appearing for the petitioners in the challenge to Article 370 argued before the Supreme Court.

The Union advanced the view that Article 370 promoted a “psychological duality” that was being taken advantage of by forces against India.

Petitioners conclude arguments; counsel dig deep into constitutional history to argue against revocation.

Article 370 represented a constitutional promise to protect a religious minority, argues P.C. Sen.

Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.

Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.

Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.

Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.

Senior Advocate Zaffar Ahmad Shah contended that the autonomy of J&K was decimated by the abrogation of Article 370.

Sr. Adv. Gopal Subramanium argued that Article 370 could only be repealed with the concurrence of the J&K Constituent Assembly.

By applying select parts of the Indian Constitution to itself, J&K showed that they retained autonomy under Art. 370 even after accession.

Sr. Adv. Gopal Subramanium argued Art. 370 is a manifestation of the federal structure envisaged for J&K.

Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.

Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.

The Bench held that the two-year jail term awarded to Rahul Gandhi for his Modi remark was excessive and devoid of reason.

Senior Advocate Kapil Sibal argued that there was no constitutional mechanism to abrogate Article 370.

Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.

Senior Advocate Kapil Sibal argued that the process of abrogating Article 370 was a political ploy.

Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.

As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.

DESK BRIEF: As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.

The Supreme Court will decide if Parliament has the power to make laws for Delhi that effectively amend the Constitution under Art. 239AA.

The Supreme Court quashed the Gujarat High Court’s rejection of bail to Teesta Setalvad, calling its reasoning perverse.

Seven advocates argued against allowing standard licence holders to drive transport vehicles, raising concerns of road safety.

Sr. Adv. Siddharth Dave argued that the MVA creates a distinction between Light Motor Vehicles and Transport Vehicles.

Bench noted that the scope of Art. 239AA is unclear, and may require a larger bench. Delhi to argue against reference next week.

DESK BRIEF: Two weeks into the monsoon session of the Supreme Court, we saw active Constitution Benches, and few critical judgements.

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.

DESK BRIEF: Recent Collegium recommendations show a renewed attention towards ensuring regional and gender diversity in Indian courts.

DESK BRIEF: The Supreme Court is all set to reopen on Monday, and has key judgements, and important hearings on its docket.

In the 50s, 60s, 70s, and most of the 80s, the Supreme Court had no women Judges. Since 1989, it has had 11.

Regional diversity is one of the factors the Collegium considers in recommending judges to the Supreme Court.

In setting the age of retirement for Supreme Court Judges, the Constituent assembly considered Judicial independence, ability and expertise.

Nearly half the sitting Judges of the SC will serve less than the average tenure.

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

We trace the evolution of the rights for Queer persons across 4 landmark judgments, and a 5th pending case before the SC.

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

SCO Explains the 279th Law Commission report which recommends increased punishment and wider application of sedition law.

DESK BRIEF: In its 279th Report, the Law Commission recommended broadening the scope of sedition and increasing quantum of punishment.

The SC has conducted a remarkable 55 Constitution Bench hearings in just 5 months. Why does this matter? SCO investigates.

With the SC on summer vacation, its time to recap all the key developments at the top Court so far.

Animal rights activist Mr. Alok Hisarwala Gupta discusses the SC verdict which upheld Jallikattu, and its impact on the rights of animals.

SCO breaksdown the Unions Ordinance that defies the SC's decision.

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

The Supreme Court held that Jallikattu and bullock-cart racing were protected as cultural practices under Article 29 of the Constitution.

SC Collegium recommends Justice Prashant Kumar Mishra, Chief Justice, Andhra Pradesh HC and Senior Advocate Mr. K.V. Viswanathan to the SC.

The Supreme Court has reserved Judgement in the case to decide if the Union should hold the power to extend CBI & ED Director tenures.

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.

The SC referred Nabam Rebia (2016) to a larger Bench, and held appointment of party leader and chief whip to be illegal.

SCO breaks down the Judgement in the Maharashtra political crisis case in a simple matrix format.

DESK BRIEF: SCO lists key cases the SC is expected to hear over two weeks as its before its 40 day vacation this month.

The Union argued that it was compliant with the 2021 Common Cause Judgement in amending the CVC and DSPE Acts.

All parties in the case will meet this weekend to explore administrative changes outside of the right to marry.

The Solicitor General argued that appointments were made by an independent body, and that money laundering cases needed flexibility in law.

Interim Orders protect the interests of all parties while a case is pending. In some cases, the SC struggles to maintain that balance.

The SC Collegium reiterated five names, highlighted delays caused by the Union, and gave insight into Union’s Considerations in appointments

Judgments on various reservation policies this year provided little clarity on what this affirmative action measure is meant to accomplish.

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.

Breaking down four days of arguments on whether the present appointment process for Election Commission members is unconstitutional.

Two gay couples argue that they are deprived of many rights since same sex marriage is not recognised in India

A 5-Judge Bench is deciding whether the appointment process in the ECI is unconstitutional and must be reformed.

Justice D.Y. Chandrachud began his 2-year term as the Chief Justice of India today. So who is CJI Chandrachud?

Petitioners sought the Bench to form a committee to propose a standard election manifesto format to be followed by all political parties.

DESK BRIEF: How the Judges run Constitution Benches is critical to determine if the Court can be an effective custodian of the Constitution.

To be an efficient Constitutional Court, SC must devise a way to cut down length of submissions.

The Delhi HC on October 18th held that there was a valid case against Khalid for the offences he was accused of.

SCO recaps Justice Hemant Gupta's life, career, judgments, and overall tenure at the Supreme Court.

Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict in the case.

All pending charges under S66A stand deleted. Onus on government authorities to ensure the end of further use.

By the end of September, the number of pending cases at the SC fell below 70,000 for the first time this year.

A historic first in SC Livestreaming, three Constitution Bench developments, addition of a Fourth Constitution bench announced.

Union argued that the Hijab Ban promoted equality. In the EWS Challenge, they argued that the 50% reservation limit applied only for SC/STs.

Advocate Shadan Farasat argued against SC/ST exclusion from EWS reservations and suggested considering alternatives to reservation.

Advocate Shadan Farasat argued that backward classes are more likely to be economically weaker and can't be excluded from EWS Reservations.

Petitioners argued that reservations are meant to be 'class based' remedies for backward classes, while EWS considered economic basis alone.

Hearings in the challenge to reservation for economically backward citizens began. Key questions on the purpose of reservations were raised.

The Varanasi District Court rejected the argument that the Places of Worship Act disallows any investigation in the places of worship.

A 2-Judge Bench of the Supreme Court Heard Arguments Seeking a Constitution Bench Referral For the Hijab Ban Challenge

Plea for the case to be heard by a larger Bench, as it involves constitutional questions about accommodations for religious practices.

Today the SC directed the Union to submit a report on which State governments were non-compliant with the SC's Judgment Shreya Singhal.

5 years after the Supreme Court recognised privacy as a Fundamental Right, we discussed how the right came to be, and what it means.

DESK BRIEF: CJI U.U. Lalit’s short 2.5 month term may mark a turning point for the Court.

The Supreme Court live streamed Court proceedings for the first time in its history today.

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.

The Bench referred questions of defection and disqualification arising from the 2022 Maharashtra political crisis to a 5-Judge Bench.

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.

The Bench appeared hesitant, considered whether the Court was the appropriate forum to hear this predominantly legislative issue.

The SC heard arguments from all parties, and sought clarity on the issues of maintainability of the case, and application of defection law.

With the application of defection law being unclear, the SC will decide whether the case needs to be heard by a larger Bench.

The Bench instructed the parties to cull out key issues, to decide if the case needs consideration of larger bench.

DESK BRIEF: Depositions made before the Technical Committee are published on its website, but there is no other update on the investigation.

Mr. J Gopikrishnan, a journalist at The Pioneer, submitted that he had been under surveillance since 2006, since he wrote about the 2G Scam.

CJI Ramana asked the Solicitor General to inform the newly appointed Speaker to halt the disqualification proceedings against the Rebel MLAs

DESK BRIEF: The SC returns to full functioning after six weeks of summer vacation.

SC refuses to delay the impending Maharashtra floor test. Uddhav Thackarey promptly resigns as CM.

The SC decision upholding the ‘clean chit’ given to the accused in the 2002 Gujarat Riots, ends Mrs. Zakia Jafri’s long legal battle.

COVID-19 caused an unexampled surge in suo moto action taken by the Supreme Court, with 10 suo moto cases recorded in 2020.

SC judges begin summer vacation after a month of hearings on religion, administration and freedom of speech.

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

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

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

The Bench heard the Union's demands to cap arbitrators' fees, and whether claim and counterclaim should be calculated separately.

The challenge to the appointment of Rakesh Asthana as Delhi Police Commissioner has been for the 11th time. Mr. Asthana will soon retire.

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

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

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

The Attorney General argued that arbitrators cannot unilaterally fix their fees, and must follow the 1996 Arbitration Act.

Amazon and Future agreed to resume arbitration in Singapore.

The Supreme Court declared Tamil Nadu’s Vanniyar reservations unconstitutional. SCO Breaks down the Judgement in its Matrix.

On March 31st 2022, Justices Nageswara Rao and B.R. Gavai declared Tamil Nadu’s Vanniyar reservations law unconstitutional. 

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

Sr. Adv. Salve argued that Future Group did not transfer their stores to Reliance, but had to surrender the lease due to bankruptcy.

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

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

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

The Karnataka High Court upheld the hijab ban in government schools and colleges. SCO breaks down the Judgement.

Parties agreed that arbitration before SIAC should continue. Mr. Subramaniam raised concerns about Reliance's continued takeover of stores.

After failed negotiations, the Bench directed Amazon to submit an application explaining the exact relief they seek in this case.

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

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

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

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.

Justices Rao and Gavai appeared unsure as to how over 80 petitions seeking clarity on data would be heard.

Mr. Mehta narrated the story of Al Capone, who used laundromats in the US, and took the court through other international developments.

The Court heard arguments on the legitimacy of the data used to provide reservations for Vanniyars within the reservations for MBCs.

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

Justices Rao and Gavai refused to refer the Vanniyar Reservations case to a larger Bench. Arguments on the merits of the case began.

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

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.

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

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.

Mx. Kajal Mangal Mukhi challenged the Transgender Persons (Protection of Rights) Act, 2019 for violating Articles 14, 15 and 21.

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

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

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

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

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

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

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

The SC issued two orders on reservation policies in PG medical entrance exams and municipal elections.

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

Centre for Public Interest Litigation filed a writ petition arguing that Mr. Asthana's appointment of contradicts SC’s decisions.

The Indian Federation of App-based Transport Workers, filed a petition before the Supreme Court social security benefits for gig workers. 

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

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

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

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

The Supreme Court held that the NGT is vested with suo moto powers under the wide scope of the National Green Tribunal Act, 2010.

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

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

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

Medical students argue that this reservation scheme violates the rights of unreserved, meritorious candidates under the AIQ scheme

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

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

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

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

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

DESK BRIEF: The Court has upheld the right to reservation in promotions for persons with disability.

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

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.

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.

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

The petitioner submits that the prosecution under Section 66A has continued even after it was struck down in Shreya Singhal v Union of India

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

SCO summarises the Writ Petition filed by the Kerala Brahmana Sabha challenging the Supreme Court's judgment.

SCO summarises the Nair Service Society petition on allowing women's entry into Sabarimala temple.

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

Summary of the writ petition filed by Nafisa Khan challenging the practices of polygamy and Nikah-Halala.

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

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

Summary of the writ petition filed by Prithvi Raj and Priya Sharma challenging the 2018 Amendment to the Prevention of Atrocities Act.

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

Summary of the writ petition filed by Sameena Begum challenging the constitutional validity of the practices of Polygamy and Nikah-Halala.

Summary of the writ petition filed by Ashwini Kumar challenging the constitutional validity of the practices of Polygamy and Nikah-Halala.

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.

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

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

The Petitioner was refused the right to enter the Parsi institutions in her hometown, and the right to perform the last of her parents.

Advocate Sunita Tiwari filed a writ petition against the practice of 'Khatna' or female genital mutilation for discriminating against women.

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

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

Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla challenge the constitutionality of Section 124A of the IPC, for violating Article 19.

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

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

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

NBTC and NACO issued guidelines permanently ban transgender persons, men having sex with men, and female sex workers from donating blood.

SCO's Judgment Matrix breaks down the Judgment, listing the opinion of each Judge on each issue deliberated by the Bench.