Joyston D'Souza's Posts

A 7-judge Bench will examine if MLAs who accept bribes to vote in a house of legislature enjoy immunity from prosecution.

Some of the accused activists have finally been granted bail. But charges have not been framed even five years after their arrests

The SC ruled that new persons cannot be included as accused in a trial after it has concluded.

Who should have the power to govern Delhi? In this episode of SCO Explains, we dive into the clash over control, and try and understand why

What is the power-struggle between the Delhi and Union governments all about? Why does it matter?

DESK BRIEF: SCO breaks down SC activity from March to May 2023

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

SCO recaps the institutional developments from March to May 2023.

What key cases were heard during the Supreme Court's summer session? SCO reviews.

With SC on summer vacation, SCO recaps the notable judgements of the summer session of 2023.

DESK BRIEF: The Union's attempt to seize control of civil services from the NCT of Delhi's government contradicts the SC's decision.

SCO looks into the statistics behind Justice M.R. Shah—one of the most prolific authors at the SC.

The Supreme Court held that the Delhi government has control over civil services and day-to-day administration in the NCT of Delhi.

The SC held that the Delhi government, and not the Union, has control over the civil servants and day-to-day administration of the NCTD.

As the arguments in the plea for marriage equality reach the finish line, the Bench deliberates if there is a fundamental right to marry.

Despite the SC’s move to restrict the case to the SMA, several concerns mar the road toward marriage equality for the LGBTQIA+ community.

The Bench pondered over a broader question: Does a fundamental right to marry exist?

Union argued that recognising the right to marry for all classes of persons in the LGBTQIA+ spectrum would lead to legal complications.

Can the SC deny marriage equality to the queer community to avoid practical difficulties that may arise out of the law?

Dr. A.M. Singhvi is expected to conclude arguments and the Bench has asked the petitioners to complete their arguments today.

SC recommends restricting the petitions seeking recognition of same-sex marriage to the Special Marriage Act, of 1954.

DESK BRIEF: SCO curates 5 Must Reads to understand the life, ideas, and contributions of Dr. B.R. Ambedkar.

Sr. Adv. Nakul Dewan argued that adopting the doctrine in Indian arbitration law would be counterproductive in the international sphere.

SCO consolidates everything you need to know about the Shiv Sena Conflict

The SC heard arguments in favour of recognising the real intent of the parties to an arbitration agreement even if they are non-signatories.

The SC reserved Judgement after hearing final arguments from the Thackeray faction.

The Shinde faction concluded arguments defending their rebellion against the former Maharashtra CM Uddhav Thackeray.

An SC-appointed expert committee and SEBI will investigate allegations of fraud levelled against the Adani Group of companies.

Sr. Adv. N.K. Kaul attempted to convince the Bench that the Shinde faction lawfully represented the real Shiv Sena and formed the government

Sr. Adv. Kapil Sibal provided reasons as to why the Shinde faction must be disqualified from the Maharashtra Legislature.

The relationship between the SC’s working strength and case disposals shows no discernible trend.

Sr. Adv. Kapil Sibal argued that the SC's 2016 decision on the Speaker's powers under the 10th Schedule was flawed.

The SC referred the questions on the power to excommunicate members of a religious community to the 9-Judge Sabarimala Review Bench.

The Court decided to hear the case after Parliament considers the Digital Data Protection Bill, 2022

The SC's translation project received a new boost on Republic Day. Is this a step forward for accessibility?

India celebrates its 74th Republic Day today. SCO revisits the constitutional ideals on which the SC was established.

Sr. Adv. A.M. Singhvi accused the Union of trying to override the powers of the NCT of Delhi's Legislative Assembly.

SG Tushar Mehta argued that the Delhi retained functional control over its civil servants in administrative matters.

SG Tushar Mehta attempted to convince the Court that Delhi occupied a special position as the national capital to justify Union control.

Solicitor General Tushar Mehta argued that the issue was only on the perception of law and there was no scope for misuse of power by the LG.

Sr. Adv. Singhvi appearing for the Delhi Gov began arguments explaining how the Union had usurped its Constitutionally demarcated powers.

The SC’s 2022 Annual Report indicates that the Court is disposing of cases at a faster pace.

Justice Abdul Nazeer was the third seniormost Judge of the Supreme Court when he retired. SCO assesses the statistics of his tenure.

Justice Nagarathna delivered the sole dissenting opinion in the Judgment upholding the validity of the Union's 2016 Demonetisation Scheme.

A Constitution Bench led by Justice Abdul Nazeer upheld the Union's 2016 Demonetisation Scheme by a 4:1 majority.

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.

The post-summer session of the Court saw pendency drop by almost 2,500 cases. Will this trend continue?

Sr. Adv. Shyam Divan argued that citizens in possession of demonetised currency notes must be allowed to exchange them for legal tender.

The 5-Judge Bench decided that a new accused may be summoned in a trial until the punishment of the convicted persons is decided.

The GM mustard debate continued at the SC. Does GM mustard pose health risks, or are the concerns a disagreement among scientists?

The Attorney General heavily relied on the outcome of demonetisation to argue its validity despite a strong pushback from the Bench.

On November 25th, Sr. Adv Shyam Divan argued against the Union's 2016 demonetisation scheme.

Sr. Adv. Chidambaram argued that the objectives and process behind demonetisation were arbitrary.

The SC heard arguments suggesting the need to modify the system of appointing members of the Election Commission.

The Bench heard arguments on when a trial can be considered to be concluded, and until which stage of a trial a new accused may be summoned.

The SC granted the Union government's request for additional time to file documents

SCO assesses the numerical highlights of CJI Lalit’s 8.25-year tenure at the Supreme Court.

Major cases seemingly made little progress in October while the SC’s long series of retirements continued.

Justice Chandrachud’s reluctance to attend the last Collegium meeting opens the door for further delays in the body’s critical functioning.

The split verdict in Karnataka’s Hijab Ban cases isn’t a rare occurrence. How does the Court deal with such cases?

The SC’s hurried decision to suspend Prof. Saibaba’s release contradicts its own stance upholding investigatory procedure.

On the occasion of Justice Gupta’s last working day at the Supreme Court, SCO examines his tenure in numbers.

Two Collegium members objected to CJI Lalit's proposal to elevate four Judges to the Supreme Court through the circulation of a letter.

On October 13th, the bench comprising Justices Gupta and Dhulia delivered a split verdict in the Hijab Ban case. What next?

Dr. Syeda Ambreen filed a PIL asking the SC to declare unilateral and out-of-court divorces in Islam unconstitutional

While overall pendency figures remain unchanged, the Court’s focus appears to have shifted to disposing of older matters more efficiently.

On the occasion of Justice Indira Banerjee’s retirement, SCO reports on the numerical highlights of her tenure.

The Supreme Court heard the Union’s defence in the constitutional challenge to EWS reservations and the Karnataka government's arguments in

The District Court’s decision to admit Hindu women’s plea to worship at mosque site appears to chip away at the Places of Worship Act

Pending Constitution Bench cases took the spotlight in August while the SC also heard matters on privacy, politics and bail

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

SCO compared the rate of authoring judgments of the last 10 Chief Justices before and after their appointment as CJI

Justice U.U. Lalit is set to take over the reins at the Supreme Court. What will his 74 day tenure look like?

The Supreme Court delivered a landmark Judgment recognising the Right to Privacy as a Fundamental Right under the Constitution

Special Public Prosecutor Amit Prasad read Sharjeel Imam’s speeches from January 2020 before the Delhi HC.

SC Judges claim that the Court’s 6-week summer vacation aids judgment writing. We look at data on Judgments written during this period.

DESK BRIEF: In Week 31 of 2022, the Supreme Court heard matters on bail, political defection, privacy and retirement

Justice Khanwilkar became the fourth Judge to retire from the SC in 2022. SCO reviewed his tenure in numbers.

The SC granted bail to Mohd. Zubair over the FIRs filed against his tweets and said that the power of arrest must be pursued sparingly.

The SC asked the Centre to provide information on state-wise compliance with the Court’s earlier decisions on hate speech

On June 25th 2022, activist Teesta Setalvad was arrested based on the Zakia Jafri Judgment

One month into summer vacation, the SC continued to pass important judgments in 'urgent' and pending matters

On March 16th 2022, the SC upheld the OROP policy as proposed by the Union Government.

In light of the widespread violence during the Agnipath Scheme protests, a PIL has been filed before the SC seeking an SIT probe

Pendency in recent years has been on an aggressive rise at the Supreme Court due to the COVID-19 Pandemic.

In 2020, 720 litigants were granted free legal aid and 572 cases were filed through the SCLSC.

Witness statement unreliable, Sessions Court Judge erred in denying bail to Mr. Khalid, claims Sr. Adv. Trideep Pais.

Out of the 5,585 RTI applications received in 2020 and 2021, the SC rejected 537 with a majority coming under the 'Other' category.

We break down the 2020 Amendments to the Foreign Contribution (Regulation) Act, and the SC's decision upholding the Amendments.

DESK BRIEF: The Supreme Court's backlog continues to rise as cases take longer to be disposed of

Benches led by Justice L.N. Rao will decide key questions on reservations in promotion and rights of gig workers

The SC’s clearance rate dropped to its lowest in 33 years.

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

We discuss the expected tenures of the next seven CJIs in this post.