Gauri Kashyap

Gauri Kashyap

Gauri is an associate editor at the Supreme Court Observer.

Gauri Kashyap's Posts

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The Supreme Court’s Election Duty

The election season saw the top court in the hot seat as it dealt with multiple petitions demanding its active involvement during elections

Hearing Reports

Regulating Industrial Alcohol: Arguments Matrix

In April 2024, a nine-judge Bench heard arguments on whether the Union or state governments had the power to regulate industrial alcohol

Court Data

April 2024: Largest increase in pendency numbers so far this year

Fewer working days and two nine-judge benches in April meant that the Court closed the last full working month with a high pendency

Analysis

The Supreme Court’s election duty

Landmark decisions, frivolous petitions, review requests—the top court sees it all during election season

Analysis

A complete timeline of the Electoral Bond Scheme

A comprehensive timeline of one of the biggest cases on political funding that preceded the 2024 Lok Sabha Election

Channel

State Governments’ Power to Regulate Industrial Alcohol

In April 2024, the top Court heard 6 days of arguments on states and the Union government's power to regulate Industrial Alcohol

Hearing Reports

Regulating Industrial Alcohol | Day 6: Judgement Reserved

In the rejoinder arguments, Uttar Pradesh contended that dual polity was a part of the basic structure, & Union could not usurp State power

Analysis

The making and unmaking of the Electoral Bond Scheme: Part 2

Several elections came and went before the top Court heard the case on merits. Yet, petitioners believe their eventual victory is not hollow

Hearing Reports

Regulating Industrial Alcohol | Day 5: Union must exercise complete control over industries to protect national interests

Mehta argued that the Union was governing through forbearance, this does not mean that the field of regulation is not occupied

Court Data

80,194 cases remain pending at the Supreme Court at the end of March 2024

In a month where the Court worked for just 15 days, pendency increased by over 400 cases

Hearing Reports

Separate Licence for Transport Vehicles | Day 6: Union Submits a note on the proposed amendments to the Motor Vehicles Act

The Court will hear the case again at the end of July, after the 2024 General Elections, once the new Parliament assembles

Analysis

The making and unmaking of the Electoral Bond Scheme: Part 1

The Supreme Court’s judgement has validated the concerns expressed by various stakeholders during the planning stage of the Scheme.

Hearing Reports

Regulating Industrial Alcohol | Day 4: Constitution framers intended for Union to control industries, Solicitor General argues

Tushar Mehta argued that the Court had previously not considered Constituent Assembly Debates and the history of the Seventh Schedule

Hearing Reports

Regulating Industrial Alcohol | Day 3: Union’s power to regulate alcohol at a higher pedestal than states’ powers, Attorney General argues

State governments stood firm that industrial alcohol fell within the scope of Entry 8 of the State List

Hearing Reports

Regulating Industrial Alcohol | Day 2: States’ power extends to any liquid with alcohol, not just alcoholic beverages, appellants argue

Uttar Pradesh argued that taking away states’ power to regulate alcohol will shrink their revenue that is crucial in a post-GST economy

Hearing Reports

Regulating Industrial Alcohol | Day 1: Federal structure can’t be nullified by reducing states’ powers, Uttar Pradesh argues

State of U.P. argued that as per the seventh schedule, regulation of industrial alcohol falls squarely within the states’ purview

Court Data

Pendency of cases in the Supreme Court dropped by over 700 cases in February 2024

Pendency continues to have a healthy drop in 2024, though the week-long Holi break of March might slow down the developments of February

Hearing Reports

Tamil Nadu Governor R.N. Ravi agrees to re-induct K. Ponmudy as Minister

The Attorney General stated that the Governor did not have the intent to disregard the Court’s decision suspending K. Ponmudy’s conviction

Hearing Reports

Tamil Nadu Governor’s refusal to re-induct Ponmudy’s position a “virtual breach of the Constitution,” says Supreme Court

The Supreme Court stated that once it stayed the conviction of DMK leader K. Ponmudy, the Governor had no power to deem it “nonexistent”

Hearing Reports

Electoral Bonds | Supreme Court Orders complete disclosure of transaction details from SBI

In a disruptive hearing, the Court asked SBI to submit an affidavit claiming full disclosure and brushed aside counsel for seeking publicity

Hearing Reports

Electoral Bonds | Supreme Court takes note of missing information in data submitted by State Bank of India

The Election Commission to publish the contents of the sealed cover by 17 March, after the Court scans and digitises its contents.

Court Data

Judges currently at the Supreme Court will serve an average tenure of 5.3 years

Half of the current Supreme Court judges will serve less than the average tenure of the judges in their cohort

Hearing Reports

Electoral Bonds Contempt Petition | Court directs SBI to comply with its judgement in one day, warns against contempt proceedings on failure

SBI to disclose all donor and donee details by the end of 12 March. ECI to make this public by 15 March 2024. No contempt at this stage.

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

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

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

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.

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

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

Court Data

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

The SC maintained its steady disposal rate January 2024, leading to a reduction in pendency numbers from December 2023

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

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

Analysis

Looking Ahead…

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

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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.

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

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?

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“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

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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

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

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

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

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“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.

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“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.

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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

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.

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

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

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

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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

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Challenge to the Electoral Bonds Scheme | Day 1

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

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

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 donors' privacy was an individual right, and is not awarded to companies.

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”

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.

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?

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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?

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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?

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

Hearing Reports

Plea for Marriage Equality: Judgement Matrix

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

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

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

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

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

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.

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.

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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 16

The SC reserved judgement after hearing arguments from 40 counsel

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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 15

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

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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 14

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

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

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.

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

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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 13

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

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Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 12

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

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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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.

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.

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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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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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.

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.

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.

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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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.

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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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.

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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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.

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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 4

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

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.

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.

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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 3

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

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.

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.

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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 2

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

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Supreme Court Hears Challenge to Abrogation of Article 370 | Day 1

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

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.

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.

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Supreme Court to Hear Challenges to the Abrogation of Article 370 after 4-year Delay

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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.

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.

Channel

Union Ordinance Contradicts SC Judgement granting Delhi Government Power Over NCT Delhi

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

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Shiv Sena Rift and the SC’s Constitution Bench Judgement

SCO Explains the rift within the Shiv Sena. We then discuss the 5-Judge Bench decision that marks an important chapter in anti-defection law

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SCO Daily: Supreme Court Upholds Jallikattu in Tamil Nadu

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

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.

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SCO Daily: Validity of tenure extension of CBI and ED Directors

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

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.

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.

Hearing Reports

Judgement Matrix: Maharashtra Political Crisis

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

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.

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.

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.

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.

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.

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

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.

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.

Hearing Reports

ECI Appointments: Arguments Matrix

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

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.

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?

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.

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.

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.

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.

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.

Hearing Reports

Hijab Ban: SC Judgment Matrix

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

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.

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.

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.

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.

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.

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SC Daily Update: Karnataka Hijab Ban and Constitution Bench EWS Hearing

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

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.

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SC Daily Update: Challenge to Reservations for Economically Weaker Citizens

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

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SC Daily Update: Gyanvapi Mosque Dispute, challenge to the Places of Worship Act, 1991 and Arguments in the Hijab Ban

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

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SC Daily Update: SC Hears Arguments on Hijab Ban and EWS Reservations

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

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SC Daily Update: Day 2 of Hijab Hearings, Onus Placed on State to Accommodate Religious Practices

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

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SC Daily Update: Section 66A, Justice Indira Banerjee’s Constitution Benches

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

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.

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.

Analysis

Getting Digital Access to the Supreme Court

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Analysis

Back From Vacation: What Awaits the Supreme Court?

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

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.

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.

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.

Analysis

Monthly Review: May 2022

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

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.

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.

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.

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.

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.

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.

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.

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.

Hearing Reports

Amazon-Future Hearing #6: Order Allowing Parties to Resume Arbitration at Singapore

Amazon and Future agreed to resume arbitration in Singapore.

Hearing Reports

Vanniyar Reservations: Judgment Matrix

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

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

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?

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.

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?

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.

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?

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.

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.

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

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.

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.

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.

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.

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.

Analysis

SC Judgment Review 2021: Tribunals

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

Analysis

SC Judgment Review 2021: Terror

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

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.

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.

Analysis

SC Judgment Review 2021: Equality

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

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.

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.

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.

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. 

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.

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.

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.

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.

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.

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.

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.

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.

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?

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

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?

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.

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.

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.

Analysis

Monthly Review: July 2021

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

Analysis

Striking Down the ‘Barrier’ of Disability

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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

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.

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.

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.

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।  

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?

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.

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.

Analysis

J Shantanagoudar’s 11 Most Important Judgments

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

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.

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.

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.