Joyston D'Souza's Posts

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.

26th Jan 2023

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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.

18th Jan 2023

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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.

17th Jan 2023

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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.

12th Jan 2023

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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.

11th Jan 2023

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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.

10th Jan 2023

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Court Data

SC Disposed the Highest Number of Cases per Month under CJI U.U. Lalit

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

6th Jan 2023

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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.

5th Jan 2023

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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.

2nd Jan 2023

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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.

2nd Jan 2023

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Court Data

Are People Filing Fewer Cases at the SC Since COVID?

The number of cases filed at the SC in 2022 has begun to return to pre-pandemic numbers, as SC’s measures to provide access take root.

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27th Dec 2022

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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?

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22nd Dec 2022

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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.

7th Dec 2022

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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.

5th Dec 2022

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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.

25th Nov 2022

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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.

25th Nov 2022

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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.

24th Nov 2022

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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.

16th Nov 2022

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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

9th Nov 2022

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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.

7th Nov 2022

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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.

1st Nov 2022

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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?

20th Oct 2022

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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.

18th Oct 2022

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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.

14th Oct 2022

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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.

14th Oct 2022

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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?

13th Oct 2022

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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

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10th Oct 2022

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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.

3rd Oct 2022

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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.

22nd Sep 2022

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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

20th Sep 2022

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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

12th Sep 2022

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Channel

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

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

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

1st Sep 2022

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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?

26th Aug 2022

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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

23rd Aug 2022

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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.

22nd Aug 2022

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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.

16th Aug 2022

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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

6th Aug 2022

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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.

28th Jul 2022

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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.

23rd Jul 2022

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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

22nd Jul 2022

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Analysis

Teesta Setalvad’s Arrest and the ‘Larger Conspiracy’

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

2nd Jul 2022

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Analysis

Monthly Review: June 2022

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

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30th Jun 2022

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Analysis

SCO Shorts: One Rank One Pension

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

29th Jun 2022

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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

27th Jun 2022

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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.

15th Jun 2022

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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.

6th Jun 2022

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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.

28th Apr 2022

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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

20th Apr 2022

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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

14th Apr 2022

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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.

12th Apr 2022

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Court Data

The SC Needs an Uninterrupted 3.8 Years to Clear All Pending Cases

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

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.

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31st Dec 2021

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