Mihir R's Posts

Image of the Supreme Court with a translucent version of the cover of the Constitution of India on top.

The Desk

The Consequences of Pending Constitutional Benches

One of the main constitutional functions of the Court is exercised through Constitution Benches.

26th Nov 2021

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Banner with 7 circular cutouts containing the images of future Chief Justices of India in order: UU Lalit J, DY Chandrachud J, Sanjiv Khanna J, Surya Kant J, Vikram Nath J, BV Nagarathna J, PS Narasimha J

The Desk

7 Next CJIs

Lalit J will be the first CJI who was elevated to the Supreme Court directly from the Bar; and Nagarathna J will be the first woman CJI.

23rd Nov 2021

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Court Data

What is a Typical SC Judge’s Career Path?

Data reveales that High Court judges who were advocates hold more Supreme Court positions than those from the subordinate judiciary.

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17th Nov 2021

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Court Data

Less than 45% of HC Judges are from the Subordinate Judiciary [2017-21]

43.6% of HC judges have been appointed from the subordinate judiciary and the remaining 56.4% were appointed directly from the Bar.

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17th Nov 2021

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The Desk

The Collegium’s Spell of Transparency

DESK BRIEF: For 2 brief years, the collegium used to publish reasons for recommending appointments and transfers of judges.

10th Nov 2021

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The Desk

2021 Monsoon Session Review

The Court’s Monsoon Session was dominated by cases related to tribunals and reservations. Several constitutional cases remain pending.

13th Oct 2021

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Court Data

Woman SC Judges Have Shorter Tenures than Male Judges

While the number of woman judges at the SC has increased, the time they will spend on the bench is low.

30th Sep 2021

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Court Data

14 Out of 25 High Courts are Represented at the Supreme Court

With no fixed rules about it, and the recent appointment of nine new judges, regional representation in the Supreme Court has changed.

30th Sep 2021

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Court Data

How Diverse is the Supreme Court in terms of Religion?

Besides these informal conventions, religious diversity has not been a major criteria for appointments to the Supreme Court.

30th Sep 2021

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Court Data

Caste Diversity at the Supreme Court

After the appointment of the first Dalit judge in 1980, this is the first time that two Dalit judges are serving simultaneously.

30th Sep 2021

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The Desk

Monthly Review: September 2021

In September, nine new judges settled into their role. The Court began to hear important cases on reservations and tribunals.

30th Sep 2021

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Court Data

Does Seniority Trump Merit in Judicial Appointments?

Seniority is an important consideration for recommendations to the Supreme Court, and there is now an all-India list indicating the same.

28th Sep 2021

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Court Data

Is Integrity Essential for Judicial Appointments?

Integrity appears the second highest number of times as a criterion mentioned in collegium resolutions, but only twice for specific judges.

28th Sep 2021

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Court Data

What does Regional Diversity in Judicial Appointments Mean?

The Supreme Court collegium resolutions almost always take regional diversity into account, though this is only an unwritten rule.

28th Sep 2021

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Court Data

Religious, Caste and Gender Diversity: A Factor for SC Judges?

What are the criteria for appointing SC judges? Recent collegium resolutions have been taking a need for 'due representation' into account.

28th Sep 2021

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Court Data

Is Merit the Primary Criteria for Judicial Appointments?

There is no legally mandated or publicly declared merit criterion for the appointment of judges.

25th Sep 2021

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Court Data

Collegium’s 13 Resolutions Recommending SC Judges

Collegium has released thirteen resolutions regarding Supreme Court judges' appointments since October 2017.

25th Sep 2021

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The Desk

How Do Supreme Courts Choose Their Cases?

The Indian Supreme Court is famous for its large docket, while the US Supreme Court is known selective. The UK has an Appeals Panel.

21st Sep 2021

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The Desk

The National Green Tribunal’s Suo Moto Powers: A Summary

The Supreme Court will decide if the NGT can exercise suo moto powers without the NGT Act, 2010 explicitly granting them these powers.

20th Sep 2021

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The Desk

State Surveillance: From Phone-Tapping to Pegasus

DESK BRIEF: While the Court hears petitions regarding the alleged use of Pegasus, it first heard a similar case of phone-tapping in 1997.

7th Sep 2021

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The Desk

A Profile of the Supreme Court: Gender, Regional and Religious Diversity

The Supreme Court bench has the highest number of women ever, maximum judges from the Bombay and Delhi High Courts and mostly Hindu judges.

28th Aug 2021

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The Desk

President Appoints 9 Judges to the Supreme Court

The appointments include three women and one advocate directly elevated from the Bar. B.V. Nagarathna is likely to be the first woman CJI.

26th Aug 2021

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The Desk

Why Did Parliament Have to Pass the 105th Constitutional Amendment?

In overturning the Maharashtra Reservation judgment, the Supreme Court paved the way for a State List on SEBCs.

24th Aug 2021

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The Desk

Justice Navin Sinha Retires on August 18th: His Tenure in Numbers

Taking a look at Justice Navin Sinha's Supreme Court tenure, spanning 4 years and 6 months, and 126 judgments.

18th Aug 2021

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The Desk

Tamil Nadu Land Acquisition Case: Can States Retrospectively Side-Step Central Laws?

The Supreme Court recently upheld the TN Land Acquisition Laws Act, 2019. The history of such laws in Tamil Nadu started in 1978.

12th Aug 2021

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The Desk

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.

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12th Aug 2021

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The Desk

Justice Nariman Retires on August 12th, Wrote 307 Judgments

Elevated to the Supreme Court at the age of 58, Justice Rohinton Nariman's tenure spanned 7 years and 307 judgments.

11th Aug 2021

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Court Data

The COVID Effect on the Supreme Court’s Judgments in 2021

The second wave of the pandemic has had a significant effect on the number of reported judgments delivered.

11th Aug 2021

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Court Data

Pendency Has Increased at Admission Stage, Reduced at Regular Stage

Over the first half of the year, pendency at the admission stage increased and reduced at the regular stage.

10th Aug 2021

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Court Data

How has the Pandemic Affected Pendency at the Supreme Court?

The second wave of the pandemic has resulted in a rapid rise in the pendency of cases at the Supreme Court.

9th Aug 2021

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The Desk

Attorney-General: Friend, Philosopher and Guide of the Court?

What is the role of the government's principle counsel, and where do the loyalties of this premier office-bearer lie?

7th Aug 2021

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Court Data

Regional Representation at the Supreme Court [1985-2021]

The Delhi and Bombay High Courts has sent the most number of judges to the Supreme Court. Some High Courts in the North East have sent none.

29th Jul 2021

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The Desk

Health and Religion: Striking the Constitutional Balance

The COVID-19 pandemic has forced the apex Court to look for a constitutional resolution to the conflict between health and religion.

26th Jul 2021

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The Desk

The Phantom of the IT Act

DESK BRIEF: S 66A, has been struck down but continues to be used, reminiscent of Memo 618 in 'The Good Fight'.

19th Jul 2021

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The Desk

Pendency Rides High on the Second Wave, while Judgments Dip in 2021

We analyse the effect of the pandemic on pendency and the number of reported judgments at the Supreme Court.

14th Jul 2021

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The Desk

Can States’ Powers to Recognise OBCs be Restored?

The Supreme Court has refused to review its Maratha judgment.

10th Jul 2021

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The Desk

States Cannot Recognise OBCs: How Will this Judgment be Implemented?

The Court has dismissed the review petition on the Maratha judgment. The Union must now begin consultations for a Central OBC List.

6th Jul 2021

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The Desk

J Ashok Bhushan: A Signature Style

DESK BRIEF: One of Bhushan J's latest significant judgments in the Maratha Reservations case typifies his writing style.

5th Jul 2021

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The Desk

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.

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3rd Jul 2021

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The Desk

Maratha Review Dismissed: What Next?

In an order dated 28th June, a five-judge Bench dismissed the application for review on the Maratha judgment.

2nd Jul 2021

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The Desk

Half Yearly Review of the Supreme Court: Key Judgments on Equality, COVID Situation Monitored and a New CJI [January – June 2021]

Although the first half of this year at the SC has continued to be defined by COVID, the year did not begin with the same concern.

30th Jun 2021

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The Desk

Suo Moto Powers in Writ Jurisdictions: A South Asian Innovation?

The Indian Courts seem to have pioneered the use of suo moto powers, inspiring other South Asian Courts, including Pakistan and Bangladesh.

29th Jun 2021

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Channel

SCO Explains: Maratha Reservations Hearings- 102nd Amendment (4/4)

In this episode of SCO Explains, we look at whether the 102nd Constitutional Amendment took away States’ powers to identify SEBCs.

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29th Jun 2021

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Channel

SCO Explains: Maratha Reservations Hearings – The 50% Rule (3/4)

We look at the arguments on whether the 50% limit is binding precedent, and its scope in applying it to Maratha reservations.

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28th Jun 2021

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Channel

SCO Explains: The 50% Limit on Reservations (2/4)

We look at the rationale and the development of the 50% limit on reservations, which was an issue in the Maratha Reservations case.

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26th Jun 2021

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The Desk

How Courts Across the World Broadcast Proceedings

The Supreme Court, High Court's and apex Courts across the world have begun livestreaming proceedings to ensure greater transparency.

25th Jun 2021

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Channel

SCO Explains: Maratha Reservations Litigation History (1/4)

We look at the Litigation History of the Maratha Reservations case, before it came before the Supreme Court.

 

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24th Jun 2021

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The Desk

The Supreme Court on Sedition: Regulate or Remove?

The Supreme Court in Kedarnath Singh (1962) restricted the scope of sedition law. Now the constitutionality of the law has been questioned.

10th Jun 2021

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The Desk

Can the Supreme Court Provide Reservations for Orphans?

With the petition seeking orphans to be identified as a backward class, are we moving away from a caste centric definition of backwardness.

8th Jun 2021

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The Desk

E-committee Releases Draft Model Rules for Livestreaming HC Proceedings

The e-committee of the Supreme Court announce Draft Rules for livestreaming of High Court proceedings.

7th Jun 2021

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The Desk

Maratha Reservations Judgment: 5 Must Reads

In this set of ‘must reads’, we highlight some of the most insightful analysis within the first month following the Maratha Judgment.

5th Jun 2021

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Court Data

46 Suo Moto Cases in the Supreme Court from 1990-2021

The Supreme Court of India has often taken up cases ‘suo moto’ without any petition being filed, or interest being brought before them.

4th Jun 2021

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Court Data

12 Suo Moto Cases Noticed from Media Reports, of 46 [1990-2021]

As an offshoot of its unique PIL petitions, the SC has also taken up cases by their own notice, without any petition being filed.

4th Jun 2021

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The Desk

Breaking Down the Three Opinions of the Maratha Judgment: Length, Structure & Style

Bhushan J interpreted the 102nd Constitution Amendment Act purposively whereas Bhat J interpreted the Amendment strictly based on its text.

2nd Jun 2021

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The Desk

Monthly Review: May 2021

In May 2021 the Supreme Court struck down the reservations provided to Maratha's and continued to hear multiple COVID cases.

31st May 2021

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The Desk

The Marathas’ Demand for Reservation: A Litigation History [2014-21]

The Court has struck down reservation for Marathas, after 3 attempts in the 4th round of litigation on the issue. Will there be Attempt 4?

26th May 2021

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The Desk

Summer Session 2021 Review

The Session was dominated by COVID-related cases, and tackling pendency. Maratha reservations were struck down, and Ramana took over as CJI.

18th May 2021

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The Desk

Media Provided Virtual Access to the Supreme Court

In an online ceremony, N.V. Ramana CJI launched an app to provide the media access to Supreme Court video links.

13th May 2021

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The Desk

Maratha Reservations Struck Down: Judgment Matrix

Judgment breakdown: The 50% limit on reservation was unanimously affirmed. The 102nd Amendment took away States' power to recognise OBCs.

12th May 2021

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The Desk

Monthly Review: April 2021

The Court initiated a suo moto case on COVID National Policy. CJI Ramana took office from CJI Bobde. Rohingyas were denied interim relief.

11th May 2021

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The Desk

Ad-Hoc Judges to be Appointed to Tackle Pendency in High Courts for the First Time

The Supreme Court has issued guidelines to appoint ‘ad-hoc judges’ to High Courts.

6th May 2021

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The Desk

J Shantanagoudar’s 11 Most Important Judgments

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

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26th Apr 2021

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The Desk

J. Ramana Sworn In as 48th Chief Justice

CJI Ramana's seven-year term as a Supreme Court judge, through numbers and key judgments.

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24th Apr 2021

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Court Data

The Average Tenure of a CJI is 1.5 Years

We examine the tenures of the 47 CJIs since 1950 and compare it with other common law jurisdictions.

24th Apr 2021

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The Desk

CJI’s Bench Orders the Implementation of Draft Rules for Expeditious and Fair Criminal Trials

The CJI Bobde led three-judge bench issued an order to implement the Draft Criminal Rules on Practice, 2021. 

22nd Apr 2021

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Sharad Bobde

The Desk

CJI Bobde Wrote 68 Judgments Over 8 Years

We analyse CJI Bobde's tenure in numbers.

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20th Apr 2021

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Court Data

63 SC Judges Appointed in the Last Decade, None in 2020

We examine the tenure of the 47 Chief Justices of India, and compare it with other common law jurisdictions.

19th Apr 2021

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The Desk

Court Recognises Indirect Discrimination & Strikes Down Army’s Gender Discriminatory Promotion Practices

The Court held that the manner pf granting women officers Permanent Commission in the army constituted indirect and systemic discrimination.

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12th Apr 2021

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The Desk

Maratha Reservations Hearings: Arguments Matrix

An overview of arguments and what possible outcomes might look like in the Maratha Reservations case.

7th Apr 2021

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The Desk

2021 Spring Session Review

The Supreme Court’s Spring Session saw many important developments on religion and the law, the conduct of elections and civil liberties.

1st Apr 2021

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Channel

SCO Explains: Maratha Reservations (Part 2)

In this episode of SCO Explains, we look at second part of the Supreme Court's judgment in Jaishri Laxmanrao Patil v. Union of India.

31st Mar 2021

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Channel

SCO Explains: Maratha Reservations (Part 1)

In this episode of SCO Explains, we look at first part of the Supreme Court's judgment in Jaishri Laxmanrao Patil v. Union of India.

31st Mar 2021

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The Desk

Does The 50% Limit on Reservations in Indra Sawhney Hold Good? (Part II)

The subsequent developments after the Indra Sawhney judgment call into question whether the 50% rule still holds the same water.

31st Mar 2021

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The Desk

Monthly Review: March 2021

Ramana J. was recommended as the next CJI. Court hears several matters including request for release of Rohingyas from holding centres.

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31st Mar 2021

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The Desk

Do Reservations Have to be Below 50%? From Balaji [1962] to Indra Sawhney [1992]

The ceiling limit for reservation as laid down in Indra Sawhney v Union of India has been challenged in several subsequent cases.

31st Mar 2021

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The Desk

State Election Commissioners Should be Independent, Non-State Officers, Justice Nariman Holds

Court holds that State Election Commissioners must be independent and must not be officers who are employed by the State.

30th Mar 2021

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The Desk

Justice Bhat’s Dos and Don’ts for Progressive Judgment Writing on Gender Violence Cases

Bhat J has outlined certain rules to be followed while drafting judgments in cases of gendered sexual violence.

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20th Mar 2021

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The Desk

J. Indu Malhotra’s 9 Most Significant Judgments

During her term at the Supreme Court, Indu Malhotra J has delivered several noteworthy judgments.

12th Mar 2021

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The Desk

SC Upholds Multi-Member Wards for Municipalities in Gujarat

Supreme Court upholds Gujarat Municipal Law which allows multiple members from a single municipal ward to be elected to a local body.

12th Mar 2021

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The Desk

Monthly Review: January 2021

January witnessed a number of landmark decisions by the Court including a dismissal of the challenge against the Central Vista Project.

8th Mar 2021

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