Joyston D'Souza

Joyston D'Souza's Posts

Analysis

What does the Sisodia bail decision mean for civil liberties?

The top court’s decision to deny Manish Sisodia bail appears to fall short of its own concerns over personal liberty

Analysis

Which cases are going to be heard by a seven-judge bench in the Supreme Court?

The cases touch upon key issues like defection by members of legislature, freedom of press, and ‘first preference’ to backward classes

Analysis

What does Section 6A of the Citizenship Act have to do with the NRC exercise in Assam?

As the Court gears up to decide the challenge against the special citizenship provisions for Assam, we outline the legal questions at stake

Analysis

Does the Constitution protect MLAs from charges of bribery?

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

Analysis

The Bhima Koregaon Arrests: The Story So Far

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

Hearing Reports

Summoning New Accused: Judgement Summary

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

Channel

Union v Local Government: Battle for Delhi’s Governance

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

Analysis

SCO Shorts: Administrative Control of Delhi

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

Analysis

Reviewing the SC’s Summer Session

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

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

2023 Summer Session Review: Institutional Developments

SCO recaps the institutional developments from March to May 2023.

Analysis

2023 Summer Session Review: Notable Hearings

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

Analysis

2023 Summer Session Review: Judgements

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

Analysis

In Open Defiance of the SC’s Judgement, Union Issues New Ordinance

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

Court Data

Justice M.R. Shah’s Tenure in Numbers

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

Hearing Reports

Judgement Matrix: The LG and the NCT of Delhi

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

Hearing Reports

Judgement in Plain English

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.

Channel

SCO Daily: Plea for Marriage Equality: Day 8

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

Analysis

Queer Marriage Under the Special Marriage Act: What’s at Stake?

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

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #8

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

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #5

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

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #4

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

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #3

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

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #1

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

Analysis

MUST READS: The Life and Legacy of Dr. B.R. Ambedkar

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

Hearing Reports

Group of Companies Doctrine Constitution Bench Day #5: Impact on International Arbitration?

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

Analysis

Understanding the Shiv Sena Conflict

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

Hearing Reports

Group of Companies Doctrine Day #2

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

Hearing Reports

Maharashtra Political Crisis Day #12: Thackeray Faction Argues Consequences Do Not Justify Illegal Acts

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

Hearing Reports

Maharashtra Political Crisis Day #10: Shinde Faction Defends Restricting Speaker’s Disqualification Powers

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

Analysis

SCO Shorts: Adani-Hindenburg Controversy

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

Hearing Reports

Maharashtra Political Crisis Day #7: Did the Governor Legitimise Political Defection?

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

Hearing Reports

Maharashtra Political Crisis Day#4: Sr. Adv. Sibal Argues Shinde Faction Must Be Disqualified

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

Court Data

Does the SC’s working strength affect its case disposal?

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

Hearing Reports

Maharashtra Political Crisis Day #1: Sr.Adv. Sibal Argues for 7-Judge Bench Reference

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

Hearing Reports

Judgement Pronouncement: Dawoodi Bohra Right to Excommunicate Members

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

Channel

SCO Daily: Is WhatsApp violating the Right to Privacy?

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

Court Data

SC Releases 1,268 Translated Judgments on Republic Day 2023

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

Analysis

The Birth of the Indian Supreme Court

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

Hearing Reports

LG and NCT of Delhi Constitution Bench Day #5: Sr. Adv. A.M. Singhvi Argues That Cadre Rules Recognise the NCT’s Administrative Powers

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

Hearing Reports

LG and NCT of Delhi Constitution Bench Day #4: Does Art. 239AA Allow the NCT Government to Control its Officers?

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

Hearing Reports

LG and NCT of Delhi: Constitution Bench Day #3: SG Mehta Argues That The National Capital Must Be Subject to Special Restrictions

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

Hearing Reports

LG and NCT Delhi Constitution Bench Day #2: Adv. S. Farasat Argues Restrictions on NCT’s Powers Are Impractical

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.

Hearing Reports

LG and NCT Delhi Constitution Bench Day #1: Sr. Adv. A.M Singhvi Argues That the LG Holds Excess Power

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

Court Data

Case Disposals in 2022: Return to Normalcy?

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

Analysis

Justice Abdul Nazeer’s Tenure in Numbers

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

Hearing Reports

Demonetisation Judgment: Dissenting Opinion by Justice B.V. Nagarathna

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

Hearing Reports

Demonetisation Judgment: Majority Opinion By Justice Gavai

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

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.

Court Data

Number of Pending Cases at the SC Begins to Offer Hope as 2022 Ends

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

Hearing Reports

Demonetisation #7: Sr. Adv. Shyam Divan Argues SC Should Exercise Judicial Review

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

Hearing Reports

Summoning New Accused: Judgment Pronouncement

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

Channel

SCO Daily: SC Contemplates Hitting Pause on GM Mustard

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

Hearing Reports

Demonetisation #4 (Noon): AG Venkataramani Claims Demonetisation Achieved Its Objectives

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

Hearing Reports

Demonetisation Challenges #4 (Morning): Arguments on the RBI’s Duty and Fundamental Rights

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

Hearing Reports

Demonetisation #3: Sr. Adv. P. Chidambaram Argues that Union Was Not Authorised to Carry Out Demonetisation

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

Hearing Reports

ECI Appointments Day #1: Adv. Prashant Bhushan Suggests Neutral Committee for Appointments

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

Hearing Reports

Summoning New Accused #2: Sr. Adv. S. Nagamuthu Highlights When a New Accused Can be Summoned

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.

Hearing Reports

Demonetisation #2: SC Rebukes the Union for Seeking Additional Time

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

Analysis

Chief Justice U.U. Lalit’s Tenure in Numbers

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

Analysis

October Review: Hijab Ban, UAPA and More

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

Analysis

The Consequences of Absence: Justice Chandrachud and the Collegium

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

Analysis

Split Verdicts at the Supreme Court: What Comes Next?

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

Analysis

The ‘Urgency’ to Prevent Prof. Saibaba’s Release

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

Analysis

Justice Hemant Gupta Is the Third Most Prolific Author at the SC

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

Analysis

Discord in the Collegium Provides Rare Insight on Member Deliberations

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

Channel

SCO Daily: Supreme Court Issues Split Verdict in Hijab Ban Case

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

Channel

SCO Daily: Instant Divorce Still Prevails After Ban on Triple Talaq?

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

Analysis

September Review: Sweeping Administrative Changes at the Supreme Court

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

Analysis

Justice Banerjee Authored 98 Judgments in 4 years

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

Channel

SCO Daily: SC Hears Arguments Defending EWS Reservations and the Hijab Ban

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

Analysis

Varanasi District Dismisses Challenges to Gyanvapi Plea

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

Analysis

August Monthly Review: Notable Hearings and Judgments

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

Channel

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

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

Court Data

Do SC Judges Write Fewer Judgments Following Their Appointment as CJI?

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

Analysis

The Supreme Court Under CJI Lalit: The Road Ahead

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

Analysis

SCO Shorts: Right to Privacy

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

Analysis

Umar Khalid’s Bail Application: Delhi HC Hears Sharjeel Imam’s Speeches

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

Court Data

Do SC Judges Write More Judgments in the Summer Break?

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

Analysis

Reviewing Week 31 at the Supreme Court (2022)

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

Analysis

Justice A.M. Khanwilkar’s Tenure in Numbers

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

Analysis

Supreme Court Protects Mohd. Zubair From Arrest Over Tweets

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.

Analysis

Supreme Court Directs Home Ministry to Collect Information on Hate Speech

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

Analysis

Teesta Setalvad’s Arrest and the ‘Larger Conspiracy’

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

Analysis

Monthly Review: June 2022

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

Analysis

SCO Shorts: One Rank One Pension

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

Analysis

Agnipath at the SC: Plea Seeks SIT Probe Into Violence

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

Court Data

Pendency at the Supreme Court: Half-Yearly Trends (2022)

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

Court Data

720 Applicants at the SC Received Free Legal Aid in 2020

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

Analysis

Sr. Adv. Trideep Pais at Delhi HC: Inconsistent Testimony Used to Charge Umar Khalid

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

Court Data

500 RTI Rejections at the SC: The ‘Other’ Face of Transparency

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

Channel

SCO Explains: 2020 Amendments to the FCRA

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

Analysis

Congestion and Clearance: The Two Sides of the SC’s Pendency Crisis

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

Analysis

Six Years on the Bench: Reviewing Justice Rao’s Legacy

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

Court Data

21 Out of Every 100 Cases Instituted Before the SC in 2021 Were Added to its Backlog

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

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.

Court Data

4 of the Next 7 CJIs Will Serve Shorter Than Average Tenures

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