Spandana

R. Sai Spandana

Spandana is an associate editor at the Supreme Court Observer.

R. Sai Spandana's Posts

Court Data

May 2024: Supreme Court records lowest disposal rate of the year so far, as it breaks for summer vacation

Yet, May was the month when the Court recorded the highest daily average of disposal this year—278 cases a day

Analysis

Commissions and Omissions

How will the executive-judiciary tussle around appointments play out in the Bharatiya Janata Party’s third term?

Hearing Reports

Nature of Private Property | Arguments Matrix

SCO breaks down the key arguments in a case where Mumbai-based landlords challenged the state government’s takeover of their property

Court Data

April 2024: Top court received 800 more cases than it cleared

Even though a fourth of the Court was occupied in Constitution Bench hearings for 10 days in April, the Court disposed of 4813 cases

Analysis

From Swamy to ADR: Nine VVPAT related cases decided by the Supreme Court

SCO lists key cases filed before the top court in the past decade seeking more transparency in the EVM-VVPAT system in India

Hearing Reports

VVPAT Verification | Judgement Summary

A Division Bench of the Supreme Court unanimously rejected the plea seeking 100 percent vote verification using VVPATs

Analysis

Granting Kejriwal interim bail sends the message that the law treats politicians differently, ED argues

The Court observed that if interim bail is granted, Kejriwal should not perform official duties as Chief Minister

Channel

VVPATs for Vote Verification | Case Explainer

A Division Bench of the Supreme Court rejected a plea seeking 100 percent vote verification through VVPATs

Hearing Reports

Nature of private property | Day 5: Respondents continue arguments in favour of Article 31C survival; nine-judge bench reserves judgement

In the rejoinder, petitioners reiterate that only parliamentary action can revive Article 31C after Minerva Mills

Hearing Reports

Nature of private property | Day 4: “Material resource of the community” cannot be restricted to what is owned by the State, argue respondents

Respondents also argued that part of Article 31C continued to exist in the Constitution after Minerva Mills

Hearing Reports

Nature of private property | Day 3: Article 31C stands inoperative after Minerva Mills decision, petitioners argue

‘Resource’ under Article 39(b) has an economic basis; concept of property has evolved over time, Attorney General R. Ventakatramani argued

Hearing Reports

Nature of private property | Day 2: Nine-judge Bench says it’s essential to decide the position of Article 31C

Contrasting yesterday’s observations, the bench noted that there would be “a radical constitutional consequence” if Article 31C didn’t exist

Hearing Reports

Nature of private property | Day 1: Dilapidated buildings are not “material resources”, argue petitioners

The Bench observed that the reference in the case was limited to whether “private property” fell under the ambit of Article 39(b)

Hearing Reports

VVPAT Verification | Day 2: Not a single instance of vote-tampering has been found, ECI tells Supreme Court

After a detailed discussion over two days on the process of the VVPAT vote verification, Supreme Court reserved judgement in the case

Court Data

March 2024: A week-long Holi vacation slowed down Supreme Court’s disposal rates

Institution and disposal rates dip at the top court in the end of first quarter

Hearing Reports

VVPAT Verification | Day 1: Paper-trails are essential to protect voters’ right to know, argue petitioners

The Bench while expressing reservations on the petitioner’s apprehensions, questioned the ECI on the voting and verification processes

Analysis

Justice Aniruddha Bose’s Notable Judgements

During his five-year tenure at the Supreme Court, Justice Bose was part of several Constitution Benches that delivered crucial judgements

Channel

Legislative immunity for lawmakers | Case Explainer

A seven-judge bench of the Supreme Court unanimously held that a lawmaker does not enjoy immunity in cases of bribery

Analysis

Manifesting a new judiciary

From appointment commissions to a Chennai branch of the top court—here’s what election manifestos are promising on the judicial front

Hearing Reports

Validity of automatic vacation of stay orders | Judgement Summary

A Constitution Bench held that stay orders of High Courts cannot lapse automatically

Court Data

February 2024: A full-strength Supreme Court continued its healthy disposal streak

The Court’s institution and disposal rate last month was the highest over the past five Februaries

Hearing Reports

Election Commissioner Appointments | Supreme Court refuses to stay the 2023 Act before 2024 General Elections

The Court questioned the Union on procedural inconsistencies in appointing the two new Election Commissioners

Hearing Reports

MLA Bribery | Judgment Summary

A seven-judge Constitution Bench unanimously held that lawmakers are not entitled to immunity in bribery cases

Hearing Reports

Citizenship Amendment Act | Supreme Court refuses to stay the CAA rules; directs Union to file responses to interim stay applications

The Court set a three-week deadline for the Union to respond, case to heard next after Holi break

Analysis

Undoing an absurdity

The Supreme Court’s decision in the Sita Soren case overrules a 26-year-old judgement on the extent of legislative immunity

Hearing Reports

MLA Bribery | Supreme Court holds “Bribery is not protected by parliamentary privilege”

A seven-judge Bench holds that legislators do not enjoy constitutional immunity for accepting bribes to vote in Parliament or State Assembly

Channel

Sub-classification within reserved categories | Arguments summary

A seven-judge Constitution Bench reserved judgement on the validity of sub-classifications within reserved categories

Court Data

72% of all High Courts are represented in the Supreme Court

Seven out of 25 High Courts lack representation in the top court. This includes four north-eastern states, J&K, Orissa and Jharkhand

Hearing Reports

Validity of automatic vacation of stay | Constitution Bench overturns Asian Resurfacing, holds stay orders cannot be automatically vacated

Five-Judge Bench stated that a constitutional court should not fix a time-bound schedule for the disposal of cases

Analysis

Supreme Court declares AAP’s Kuldeep Kumar as the Mayor of Chandigarh; sets aside old election results

The Bench led by the Chief Justice held the Presiding Officer accountable for ballot tampering and directed a show cause notice to be issued

Analysis

“Where is your power to mark the ballot papers?” Supreme Court asks Presiding Officer of Chandigarh mayoral election

The Court ordered all the ballot papers to be placed before it by 2:00pm tomorrow and directed their safe transport from Chandigarh

Hearing Reports

Sub-classification within reserved categories | Arguments Matrix

Our matrix highlights five key issues argued before the Constitution Bench on the validity of sub-classification within reserved categories

Hearing Reports

Tripura UAPA Charges | Day 3: Petitioners withdraw case from the Supreme Court, seek permission to approach the High Court

Bench requests State government not to take any coercive action against the petitioners for at least two weeks

Court Data

January 2024: Increase in institution of cases; disposal continues at a brisk rate

Despite seven judges being occupied by the AMU hearings for eight days, the Court managed to dispose of 5,453 cases in January

Analysis

‘The battle of backwardness within backwardness’

The top court's reconsideration of a 20-year-old judgement could be pivotal in clarifying that caste can also be a class category

Hearing Reports

Sub-classification within reserved categories | Day 3: States do not have legislative competence to create sub-classification, respondents argue

They also contended that SCs are a homogenous group in the constitutional scheme; Bench reserves judgement after petitioners’ rejoinder

Hearing Reports

Sub-classification within reserved categories | Day 2: Petitioners endorse “unequal treatment for unequals”; stress that presidential list does not preclude sub-classification

In a rare instance, the Union and some non BJP-ruled state governments found themselves on the same side of the argument.

Hearing Reports

Sub-classification within reserved categories | Day 1: Petitioners argue Scheduled Castes are not an indivisible, homogenous class

In front of seven judges, petitioners challenged the correctness of a five-judge bench’s decision in Chinnaiah v State of AP

Hearing Reports

Clashing Calcutta HC Orders | Day 2: Supreme Court transfers case concerning issuance of fake SC/ST certificates to itself

In a brief hearing today, the Special Bench led by CJI Chandrachud directed the parties to file pleadings within three weeks

Analysis

A Special Bench assembles on a Saturday

A Calcutta High Court judge’s accusation of political bias against a brother judge saw the Supreme Court swing into action

Analysis

Contradictory Orders of the Calcutta High Court: Special Bench of the Supreme Court stays proceedings

The Special Bench comprising five seniormost judges of the Supreme Court will assemble on 29 January 2024 to hear the case on merits

Hearing Reports

Clashing Calcutta HC Orders | Day 1: Supreme Court suspends all proceedings concerning issuance of fake SC/ST certificates

The Special Bench issued notice to the parties in the case and decided to hear the case on Monday 29 January 2024

Analysis

A temple is consecrated

In the Ram Janmabhoomi litigation, more than a century of faith-based contestation came down to possessory rights in a title suit

Analysis

“In choosing the essential practices test, Indian courts have shaded out alternative doctrinal approaches”: Mathew John

The author of ‘India’s Communal Constitution’ on the balance between individual rights, religious identities and the Uniform Civil Code

Hearing Reports

Early Release of Bilkis Bano Convicts | Judgement Matrix

SCO’s judgement matrix breaks down the 250-page judgement which quashed the Gujarat government's remission of 11 convicts in the case

Analysis

2023 Supreme Court Review: Federalism

In two Constitution Bench cases, the Court clarified centre-state relationships in an asymmetric federal structure

Court Data

High institution, high disposal of cases in a busy year for the Supreme Court

Cases instituted in 2023 crossed pre-pandemic levels from 2019 but disposal rate was particularly healthy at 96 percent

Analysis

Supreme Court Review 2023: Freedom of Speech

The Court ruled in favour of media outlets in some free speech cases though the key sedition matter is moving at a glacial pace

Channel

Top 10 Judgements of the Supreme Court in 2023

2023 was an action-packed year for the Supreme Court. Here’s SCO’s review of the Top 10 judgements from 2023 and their fallout.

Analysis

Supreme Court Review 2023: Arbitration

Two Constitution Bench cases expanded the ambit of arbitration in India

Channel

Challenge to the Abrogation of Article 370 | Judgement Explainer

On 11 December 2023, the Supreme Court upheld the Union's abrogation of Article 370. Our explainer covers the key issues and what was held

Hearing Reports

Validity of an Unstamped Arbitration Agreement | Judgement Pronouncement

Supreme Court overrules decision in NN Global, holds that an unstamped arbitration agreement is inadmissible but not void

Hearing Reports

Challenge to the Abrogation of Article 370 | Judgement Matrix

SCO’s judgement matrix breaks down the 476-page judgement which upheld the abrogation of Article 370

Hearing Reports

Abrogation of Article 370 | Judgement Summary

A five-judge Bench of the Supreme Court unanimously upheld the abrogation Article 370 which gave Jammu and Kashmir’s special status

Channel

“If the judiciary doesn’t stand up for its own independence, I don’t think the Bar can do that much”: C.U. Singh

Senior Advocate C.U. Singh stressed on the importance of the judiciary standing up for itself and the access to technology in lower courts

Hearing Reports

Group of Companies Doctrine in Arbitration Proceedings | Judgement Pronouncement

Supreme Court upholds Group of Companies Doctrine, says non-signatories may be bound by arbitration agreements

Channel

“Nobody is going to give you a floor unless you prove yourself to be…very efficient”: Justice Naima Haider

Justice Naima Haider of the Supreme Court of Bangladesh spoke about the judicial system in Bangladesh, diversity in courts and more

Hearing Reports

Judicial Vacancies in Lower Courts | Day 5: Jharkhand, Karnataka and Kerala to submit compliance report by 30 April 2024

The Court directed members from the High Courts, state governments and the bar to resolve infrastructural issues together

Channel

“When it comes to women advocates, the family has to cooperate”: Justice B.V. Nagarathana

In a conversation with SCO, Justice Nagarathna spoke about women in the judiciary, access to justice in the digital age and more.

Analysis

PMLA provisions need to be reconsidered by a larger bench, argue petitioners

In Vijay Mandanlal, a three-judge Bench had upheld the wide powers of the ED while also holding that the PMLA is not a penal statute

Analysis

Supreme Court directs High Courts to register suo moto case for speedy disposal of criminal cases against legislators

A year ago, there were more than 5000 criminal cases pending across the country against current or former legislators

Channel

Privacy v Transparency: The Electoral Bonds Story

What impact does the Electoral Bonds Scheme have on the Indian Democracy? What is the challenge against it?

Analysis

Guidelines for search and seizure of digital devices a must under right to privacy, Supreme Court says

Supreme Court directs Union to frame guidelines for search and seizure of digital devices by investigative agencies

Channel

SCO Explains: Validity of an Unstamped Arbitration Agreement

As a seven-judge bench deliberates the validity of an unstamped arbitration agreement, we detail everything that has happened so far

Analysis

Validity of an unstamped arbitration agreement: Everything that’s happened at the Supreme Court so far

As a seven-judge bench deliberates the validity of an unstamped arbitration agreement, we detail what the case is about

Channel

Precedential Value: What were the cases cited in the Article 370 hearings?

Four cases were in the forefront of the Article 370 Constitution Bench hearings. What was their relevance?

Channel

SCO Explains: The plea for marriage equality judgement

A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?

Analysis

Justice S.R. Bhat’s Notable Judgements

During his four-year tenure at the Supreme Court, Justice Bhat has authored judgements in crucial constitution bench cases

Analysis

Can’t seek the effect of a review petition in an appeal: Solicitor General cautions against abuse of process in PMLA Review

Senior Advocate Kapil Sibal asserts PMLA decision is unconstitutional. Bench to hear the case in November

Analysis

Many a slip between jail and bail?

The Supreme Court must take into account both structural and practical issues that cause delays at every stage of the bail process

Analysis

Validity of an Unstamped Arbitration Agreement | Seven-judge bench reserves judgement

Arguments on Day 2 centred on whether the validity of the agreement is a matter for the Court to decide or the arbitral tribunal

Hearing Reports

Validity of an Unstamped Arbitration Agreement | Day 2: Seven-judge bench reserves judgement

Arguments on Day 2 centred on whether the validity of the agreement is a matter for the Court to decide or the arbitral tribunal

Analysis

Validity of an Unstamped Arbitration Agreement | Seven-Judge Bench hears arguments against the decision in NN Global

A curable defect in procedure cannot render the arbitration agreement void, petitioners argue

Hearing Reports

Validity of an Unstamped Arbitration Agreement | Day 1: Seven-Judge Bench hears arguments against the decision in NN Global

A curable defect in procedure cannot render the arbitration agreement void, petitioners argue

Analysis

Article 19: Prescription, procedure and the press

DESK BRIEF: Recently, it seems that the prescriptive aspect of Article 19 is only a poetic indulgence when faced with media rights

Hearing Reports

Judicial Vacancies Update | Day 2: Supreme Court dismisses Haryana Government’s application to oversee examinations in the state

Bench states there is no objective data to prove the High Court Committee cannot continue monitoring exams

Hearing Reports

Assam’s National Register of Citizens | Constitution Bench to hear arguments from 17 October 2023

Bench to decide if Section 6A of the Citizenship Act 1955 suffers from any “constitutional infirmity.”

Hearing Reports

Challenge to Extended Reservations in the Lok Sabha and State Legislative Assemblies | Is the 104th Constitutional Amendment Unconstitutional?

Supreme Court to decide the validity of the constituent powers of amendment to extend the prescribed reservation period

Hearing Reports

MLA Bribery | Seven-judge bench to reconsider a 25-year-old judgement on constitutional immunity for lawmakers

Time to relook Narasimha Rao v State since it concerns a question that affects “morality of polity”, says Supreme Court

Analysis

“What is your locus?” Optics, politics & frivolity in Public Interest Litigation

In recent years, PIL has become an extension of the political theatre while voices from the ground, stay silent still.

Analysis

Political interests, personal agendas, bland orders: Have PILs strayed from their intended purpose?

There’s been an unprecedented increase in the number of petitions in recent years, but experts suggest that the SC is less PIL-friendly

Analysis

How can we be prosecuted for a report? Editors Guild asks Manipur Government at Supreme Court

Top Court extends protection to members of Editors Guild till 15 September 2023, when it will consider transfer of case to Delhi High Court

Hearing Reports

Abrogation of Article 370 | Day 16: SC reserves judgement after hearing arguments from 40 counsel

The final day of arguments began with tempers running high over lead petitioner’s Mohammad Lone’s affidavit and his “allegiance” to India

Hearing Reports

Abrogation of Article 370 | Day 15: “If 370 is beyond the reach of amendment, is it above basic structure?” Court asks Petitioners

After submissions by 18 advocates in support of the abrogation of Article 370, Senior Advocate Kapil Sibal began rejoinder arguments.

Hearing Reports

Abrogation of Article 370 | Day 14: Legitimacy of J&K Constitution came directly from the Indian Constitution, respondents argue

Senior Advocate Dwivedi contended that the recommendation of the J&K Constituent Assembly was never meant to be binding on the President

Hearing Reports

Abrogation of Article 370 | Day 13: No limit on President’s power to pull plug on special status of J&K, respondents argue

Solicitor General Tushar Mehta informed the Court that the Union couldn’t commit to a date for restoring statehood for J&K

Hearing Reports

Abrogation of Article 370 | Day 12: J&K has seen rapid development since it was made a Union Territory

Union argues that the President had untrammelled power to repeal Art. 370 as part of larger goal of national integration.

Hearing Reports

Abrogation of Article 370 | Day 11: Removing Art. 370 Was Union’s Way to Rectify the Mistakes of the Past

Solicitor General Tushar Mehta argues that people of J&K were wrongly convinced that Article 370 was a boon.

Channel

Supreme Court Hears Challenge to Abrogation of Article 370 | Day 10

The Constitution Bench heard the Unions opening arguments in support of the abrogation of Article 370.

Channel

Supreme Court Hears Challenge to Abrogation of Article 370 | Day 8, 9

On Days 8 and 9, 12 counsels appearing for the petitioners in the challenge to Article 370 argued before the Supreme Court.

Hearing Reports

Abrogation of Article 370 | Day 10: Constitution of J&K is merely an Act providing for internal governance of the state, argues Solicitor General

The Union advanced the view that Article 370 promoted a “psychological duality” that was being taken advantage of by forces against India.

Hearing Reports

Abrogation of Article 370 | Day 9: What makes the relationship between India and J&K binding, asks CJI

Petitioners conclude arguments; counsel dig deep into constitutional history to argue against revocation.

Hearing Reports

Abrogation of Article 370 | Day 8: On reorganisation of J&K, misuse of President’s Rule and protection of minorities

Article 370 represented a constitutional promise to protect a religious minority, argues P.C. Sen.

Hearing Reports

Abrogation of Article 370 | Day 7: Reorganisation of J&K into Union Territories is contrary to federalism, argue Petitioners

Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.

Hearing Reports

Abrogation of Article 370 | Day 6: Power of the President under Article 356 is not absolute, argues Dhavan

Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.

Analysis

Union Bill Seeks to Nullify Another Supreme Court Judgement

DESK BRIEF: New Bill proposes a three-member committee with two members of the ruling party to nominate members of the Election Commission.

Hearing Reports

Abrogation of Article 370 | Day 5: Union Had No Authority to Dismantle Autonomy of J&K

By applying select parts of the Indian Constitution to itself, J&K showed that they retained autonomy under Art. 370 even after accession.

Hearing Reports

Abrogation of Article 370 | Day 4: J&K Constituent Assembly made Art. 370 Permanent in the State’s Constitution

Sr. Adv. Gopal Subramanium argued Art. 370 is a manifestation of the federal structure envisaged for J&K.

Hearing Reports

Abrogation of Article 370 | Day 3: Executive Decisions Cannot Permanently Alter the Constitution

Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 4: Petitioners Highlight the Heinous Nature of Crimes Committed

Adv. Shobha Gupta submitted that the convicts did not qualify for early release as the crimes they committed against Bilkis Bano were grave.

Analysis

Rahul Gandhi’s Criminal Defamation Conviction and Sentencing Unjustified, says Supreme Court

The Bench held that the two-year jail term awarded to Rahul Gandhi for his Modi remark was excessive and devoid of reason.

Hearing Reports

Abrogation of Article 370 | Day 1: Art. 370 a Permanent Feature of the Constitution

Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.

Analysis

Monthly Review: July 2023

In July, the top Court returned from summer vacation and continued to hear Constitution Bench cases and delivered key judgements.

Court Data

Where are the Seven and Nine Judge Constitution Benches?

Constitution Benches assembled 55 times in the first half of 2023. None of them were seven and nine-judge Benches.

Analysis

Understanding the Abrogation of Article 370: Origin and Impact

The Supreme Court will decide the extent of the Union’s powers to make laws for Jammu and Kashmir and abrogate Article 370.

Hearing Reports

Supreme Court Extends Tenure of Incumbent ED Director Sanjay Mishra till September

The Bench clarified Mishra would seize to be the ED’s Director at midnight on September 15, 2023.

Court Data

Half-Yearly Five-Judge Constitution Bench Pendency | 2023

The Supreme Court heard and decided several five-Judge Constitution Bench cases this year, leading to a drop in the number of pending cases.

Analysis

The ‘Modi’ Defamation Case Against Rahul Gandhi: The Story So Far

The Supreme Court to decide if Mr. Rahul Gandhi’s conviction for defamation must be stayed and his disqualification from Parliament quashed.

Hearing Reports

Challenge to Delhi Service Ordinance | Day 3: Bench Refers Case to a Constitution Bench

The challenge to the Delhi Ordinance will be heard after the Court completes hearing the challenge to the abrogation of Art. 370.

Hearing Reports

Altering Rules on Appointment to Public Posts | Day 3: Bench Reserves Case for Judgement

The Bench heard various proposals from petitioners on how to ensure that rules during the appointment process are not altered arbitrarily.

Hearing Reports

Altering Rules on Appointment to Public Posts | Day 2: Gujarat, Gauhati, Patna, Rajasthan

The Bench de-tagged cases from different High Courts, and began to address the question of the reference Order.

Hearing Reports

Altering Rules on Appointment to Public Posts | Day 1: Manipur

The Supreme Court reverted the case challenging the Manipur HC’s 2015 Resolution about District Judge appointments to a 3-Judge Bench.

Hearing Reports

Altering Rules on Appointment to Public Posts | Day 1: Kerala

The Supreme Court held that the Administrative Tribunal of the Kerala High Court was wrong to impose a cut-off for the viva interview.

Hearing Reports

Abrogation of Article 370: Constitution Bench to Hear Arguments from Aug 2, 2023

Constitution Bench decides to hear the case on merits from August 2nd, 2023.

Hearing Reports

Challenge to Delhi Service Ordinance | Day 1

Supreme Court to consider the plea seeking stay on the Union’s Ordinance on July 17th, 2023.

Analysis

Justice Krishna Murari: Notable Judgements and Cases

Justice Krishna Murari authored over 60 judgements in his 3.75-year tenure at the SC.

Court Data

Only 107 of 788 Sitting High Court Judges are Women

With hardly any senior women judges in India's High Courts, gender diversity at the Supreme Court will take a hit.

Court Data

Justice V. Ramasubramanian: Number of Judgements Authored

Justice Ramasubramanian authored 102 judgements during his 3.75-year tenure at the SC.

Court Data

Justice V. Ramasubramanian: Rate of Judgement Authorship

Justice Ramasubramanian has authored judgements in 32.6% of the benches he was part of.

Analysis

Justice V. Ramsubramanian: Tenure in Numbers

Justice V. Ramasubramanian retires after a 3.75-year tenure, having written over 100 Judgments.

Channel

Next 8 CJIs of India

If the seniority principle is followed, these 8 Judges will lead the Supreme Court of India as Chief Justice till 2031.

Court Data

Expected Tenures of the Next 8 Chief Justices of India

Only 2 out of the upcoming 8 Chief Justices will serve a tenure of more than 1 year.

Analysis

Next 8 Chief Justices of India

If the seniority principle is followed, these 8 Judges will lead the Supreme Court of India as Chief Justice till 2031.

Hearing Reports

Validity of Circumstantial Evidence in Bribery Cases: Judgement Summary

A 5-Judge Constitution Bench unanimously held that a public servant could be convicted for bribery based on circumstantial evidence.

Court Data

Justice K.M. Joseph: Number of Judgements Authored

Justice K.M Joseph was the fifth highest judgement contributor at the SC at the time of his retirement.

Channel

Supreme Court Cases on the rights of LGBTQIA+ Persons

We trace the evolution of the rights for Queer persons across 4 landmark judgments, and a 5th pending case before the SC.

Analysis

Justice Ajay Rastogi’s Notable Judgements

The 4th senior most Judge of the SC, Justice Rastogi, has authored 158 judgements.

Court Data

Justice K.M. Joseph: Rate of Judgement Authorship

Justice K.M. Joseph has authored judgements in 33% of the Benches he was part of.

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

Justice K.M. Joseph: Tenure in Numbers

Justice K.M Joseph retires after a 4.75-year tenure, having written over 130 Judgments.

Channel

In Just 5 Months, SC conducted 55 CB Hearings

The SC has conducted a remarkable 55 Constitution Bench hearings in just 5 months. Why does this matter? SCO investigates.

Court Data

In 5 Months, the SC Conducted a Remarkable 55 CB Hearings

After a long time, the Court is abuzz with Constitution Bench activity, with hearings in 16 cases and Judgements in 13.

Analysis

Amidst Cabinet Reshuffle, India Gets New Law Minister

Mr. Kiren Rijiju replaced as Law Minister after a tenure of nearly two years, with Mr. Arjun Ram Meghwal.

Court Data

SC’s Live Transcription Project: A Failed Experiment?

Since the launch of the live transcription project, only 36% of Constitution Bench hearings have been transcribed.

Hearing Reports

Plea for Marriage Equality: Argument Matrix

What were the issues and the arguments raised on both sides in the plea for marriage equality?

Channel

Plea for Marriage Equality Day #10

The petitioners concluded their rejoinder arguments and the Bench reserved judgement.

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #10

The petitioners concluded arguments in response to the submissions against the recognition of the right to marry.

Channel

Plea for Marriage Equality Day #9

The respondents reiterated that Parliament was the only competent authority to recognise marriage equality.

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #9

Respondents cite the welfare of children and the impact of marriage on society to argue against LGBTQIA+ marriages.

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.

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #8

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

Analysis

The Challenge to the Appointment of 68 Judicial Officers in Gujarat

Has the Gujarat HC breached the ‘merit-cum-seniority’ rule in its recent Judicial appointments?

Analysis

Rights of Marriage or the Right to Marry?

As the focus of the Marriage Equality hearings shifts to the ancillary rights of marriage, SCO examines the way forward.

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #7

Union informed the Bench that it would consider making administrative changes to grant certain rights to LGBTQIA+ couples.

Hearing Reports

SC’s Power To Directly Grant Divorce: Judgement Pronouncement

A 5-Judge Constitution Bench held the SC could, as a Court of first instance, grant divorce on the grounds of ‘irretrievable damage.’

Analysis

The Union’s Case Against Marriage Equality

DESK BRIEF: Union argues that the right to sexual autonomy does not include the right to compel the State to recognise LGBTQIA+ marriages.

Hearing Reports

Plea for Marriage Equality: Constitution Bench Day #6

The Union argued that the SC could not address the marriage equality issue without delving into personal law issues.

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 #1

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

Hearing Reports

WhatsApp’s Privacy Policy Day #3

Attorney General R. Venkataramani assured the Court that the Digital Data Protection Bill, 2022 would be introduced in Parliament in July.

Analysis

Must Reads: Legal Recognition of Same-Sex Marriage

DESK BRIEF: Five must-reads that will help you understand the debate surrounding the legalisation of same-sex marriage.

Analysis

Understanding the Shiv Sena Conflict

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

Hearing Reports

CBI/ED Tenure Extension Day #2: Petitioners Argue Tenure Extensions Oppose Past SC Decisions

The Bench heard arguments stating that tenure extensions compromised CBI/ED independence.

Analysis

SCO Shorts: Plea for Marriage Equality

A 5-Judge Constitution Bench will decide the validity of same-sex marriages in India. SCO breaks down the case here.

Hearing Reports

Additional Compensation for Bhopal Gas Tragedy Victims: Judgement Summary

Supreme Court dismissed the Union’s curative petition seeking additional compensation for Bhopal Gas Tragedy victims.

Hearing Reports

Plea for Marriage Equality #1: SC Refers Plea to 5-Judge Constitution Bench

The Constitution Bench will begin hearing arguments on the case from April 18th, 2023.

Analysis

The SC’s Attempt to Mitigate Executive Interference

DESK BRIEF: Two recent decisions by the SC aim to decrease the Executive's interference in the functioning of autonomous bodies.

Analysis

February Monthly Review: New Judges, Notable Hearings, and Technological Developments

The SC delivered two Constitution Bench decisions while also introducing significant infrastructural initiatives.

Hearing Reports

Maharashtra Political Crisis Day #9: Shinde Faction Argues SC Cannot Speculate on Hypothetical Circumstances

Sr. Adv. Harish Salve argued that it is not permissible for the SC to decide matters of defection based on Assumptions of fact.

Analysis

AI and the Law: A New Era in the Justice System?

SCO takes a glance into the use of AI in legal spaces around the world.

Hearing Reports

Maharashtra Political Crisis Day #6: Sr. Adv. Kapil Sibal Argues That the Governor Wrongly Called For a Trust Vote

The Uddhav Thackeray faction argued that they must be reinstated as the Maharashtra government since they were wrongfully ousted.

Analysis

Insights Into a Supreme Court at Full Strength

DESK BRIEF: The Union cleared 7 SC judge appointments within a week returning the SC to its full sanctioned strength of 34 Judges.

Hearing Reports

Judicial Vacancies Update #1: SC Directs Gujarat to Clear Pending Appointments

The SC questioned the Gujarat government on its 8-year delay in carrying out judicial appointments and infrastructure development.

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

Hearing Reports

WhatsApp Privacy Policy Day #2: Bench Decides to Hear Case in April

The Bench will hear the matter after the Digital Data Protection Bill, 2022 is introduced in the Parliament to avoid overlap with it.

Hearing Reports

WhatsApp Privacy Policy Day #1: Union Seeks to Postpone Hearing

Solicitor General Tushar Mehta claimed the Personal Data Protection Bill, 2022 would resolve the petitioner’s issues.

Hearing Reports

Adultery in Armed Forces Day #1: Court Clarifies Judgement does not Concern Armed Forces Enactments

The Constitution Bench observed that the Joseph Shine Judgment was not relevant to cases under the Armed Forces Enactments.

Channel

SCO Explains: The Bhopal Gas Tragedy, 40 Years Later

The SC will decide if the emergence of new facts justifies the Union's plea to increase compensation granted to Bhopal Gas Tragedy victims.

Hearing Reports

Anti-Conversion Laws Day #1: Bench Orders Parties to File Transfer Petitions Within 2 Weeks

Parties from both sides argued that the Bench should transfer all the pending challenges to anti-conversion laws to the SC.