Joyston D'Souza's Posts
Reviewing the SC’s Summer Session
DESK BRIEF: SCO breaks down SC activity from March to May 2023
27th May 2023More
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.
26th May 2023More
2023 Summer Session Review: Institutional Developments
SCO recaps the institutional developments from March to May 2023.
2023 Summer Session Review: Notable Hearings
SCO reviews the progress in key cases from March to May 2023.
2023 Summer Session Review: Judgements
With SC on summer vacation, SCO recaps the notable judgements of the summer session of 2023.
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.
20th May 2023More
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.
15th May 2023More
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.
11th May 2023More
Judgement Summary: SC Upholds NCTD’s Power Over Services
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.
11th May 2023More
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.
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.
Plea for Marriage Equality: Constitution Bench Day #8
The Bench pondered over a broader question: Does a fundamental right to marry exist?
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.
26th Apr 2023More
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?
25th Apr 2023More
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.
20th Apr 2023More
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.
18th Apr 2023More
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.
15th Apr 2023More
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.
12th Apr 2023More
Understanding the Shiv Sena Conflict
SCO consolidates everything you need to know about the Shiv Sena Conflict
31st Mar 2023More
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.
23rd Mar 2023More
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.
16th Mar 2023More
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.
14th Mar 2023More
SCO Shorts: Adani-Hindenburg Controversy
An SC-appointed expert committee and SEBI will investigate allegations of fraud levelled against the Adani Group of companies.
3rd Mar 2023More
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
28th Feb 2023More
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.
21st Feb 2023More
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.
17th Feb 2023More
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.
14th Feb 2023More
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.
10th Feb 2023More
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
9th Feb 2023More
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?
1st Feb 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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 2023More
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.
27th Dec 2022More
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?
22nd Dec 2022More
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 2022More
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 2022More
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?
2nd Dec 2022More
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 2022More
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 2022More
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 2022More
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.
17th Nov 2022More
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 2022More
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 2022More
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 2022More
October Review: Hijab Ban, UAPA and More
Major cases seemingly made little progress in October while the SC’s long series of retirements continued.
5th Nov 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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
10th Oct 2022More
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 2022More
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 2022More
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
21st Sep 2022More
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 2022More
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 2022More
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
8th Sep 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
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 2022More
Monthly Review: June 2022
One month into summer vacation, the SC continued to pass important judgments in 'urgent' and pending matters
30th Jun 2022More
SCO Shorts: One Rank One Pension
On March 16th 2022, the SC upheld the OROP policy as proposed by the Union Government.
29th Jun 2022More
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 2022More
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 2022More
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 2022More
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.
24th May 2022More
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 2022More
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.
23rd Apr 2022More
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 2022More
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 2022More
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 2022More
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.
4th Apr 2022More
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.
31st Dec 2021More
Sabarimala #5: Respondents Argue Every Instance of Exclusion Not Akin to Discrimination
26th Jul 2018More
Sabarimala #1: Petitioners Argue Temple Entry Not Essential Part of Religion
18th Jul 2018More