Sushovan Patnaik

Sushovan is a researcher and fact-checker at the Supreme Court Observer.

Sushovan Patnaik's Posts

Analysis

Supreme Court directs Manipur government to disclose details of properties destroyed or encroached after violence

The Court has also instructed the Justice Gita Mittal Committee monitoring rehabilitation in Manipur to share its report with petitioners

Analysis

From Babri to Sambhal

The top court’s approach to place of worship cases may have emboldened right-wing groups to take the judicial route to open a can of worms

Analysis

A gathering of judges

To commemorate India’s 75th Law Day on 26 November, we recall a historic conference of Federal and High Court judges in March 1948

Court Data

15 percent of names proposed by Chandrachud Collegium for HC elevation weren’t cleared by Union

The Collegium itself fared poorly on gender diversity, with no recommendations for women in the top court and only 27 out of 168 in HCs

Analysis

The shake-up: Will CJI Khanna’s decisions on listing resolve pendency and delay troubles?

Even as advocates predict that the measure to not list regular matters is temporary, they demand the bar be consulted on listing issues

Analysis

Bulldozer demolitions remind of a “lawless, ruthless state of affairs”, declares Supreme Court, as it issues pan-India guidelines

The Court directed that demolitions, if at all, must be preceded by due process, and violation of the guidelines would amount to contempt

Analysis

And it’s a wrap

In his last week in office as Chief Justice, D.Y. Chandrachud characteristically drew a neat line under unfinished business

Analysis

The top 7 dissents of Justice D.Y. Chandrachud

Here’s a list of 7 occasions when the outgoing Chief Justice diverged from the majority on conclusion or reasoning during his long tenure

Analysis

Supreme Court overturns HC judgement ordering accommodation of UP madarsa students in formal education system

The SC held that the UP Madarsa Board Act was only unconstitutional to the extent that it granted higher education degrees beyond Class 12

Hearing Reports

Section 15 of the Hindu Succession Act | Day 1: Provision discriminates against Hindu women, petitioners argue

Justice Nagarathna questioned if the Act, in fact, agitates the rights of a married woman or her parents

Analysis

5 upcoming Constitution Bench judgements before CJI D.Y. Chandrachud retires

Benches led by CJI Chandrachud are expected to deliver five judgements on matters of minority status, arbitration and public employment

Analysis

Supreme Court reserves judgement in ‘Bulldozer Action’ case; stay on demolitions remains

As the Court discussed suggestions for ‘pan-India’ guidelines, it stopped the UN Special Rapporteur on Housing from intervening

Analysis

SC hearings on ‘Bulldozer Justice’: What has happened so far?

Before the top court takes up the matter again on 1 October, a brief run-through on what the courts have said about illegal demolitions

Analysis

Supreme Court holds that viewing, storing and possessing ‘child pornography’ is punishable under POCSO Act; overturns Madras HC decision

With this decision, India joins an exclusive club of jurisdictions which have explicitly criminalised watching child pornographic material

Analysis

Supreme Court grants bail to Arvind Kejriwal in CBI case; bench splits over the validity of arrest

Even as Justice Kant held that CBI complied with the conditions of arrest, Justice Bhuyan doubted the intent behind the timing of arrest

Analysis

Kolkata rape and murder case | “Protest will not be at the cost of their duty,” Supreme Court directs doctors to return to work

The Court has also directed the CBI to file a fresh status report by 17 September clarifying the discrepancies pointed out by the Court

Analysis

Waving flag

A quick look at the value of judicial symbolism in the backdrop of the Supreme Court’s recent unveiling of a new flag and insignia

Analysis

An opportunity for the Court to reconsider the 50 percent reservation ceiling of ‘Indra Sawhney’

The Bihar government has appealed the High Court’s decision striking down amendments providing 65 percent reservation for backward classes

Analysis

Justice Hima Kohli’s Notable Judgements

From marriage equality to a split decision on abortion, Justice Kohli had judicial record which traced a diverse range of decisions

Analysis

What is West Bengal’s Original Suit challenging CBI’s jurisdiction about?

An explainer on the top Court’s decision to uphold the maintainability of the suit, and its consequences for law, order and federalism

Analysis

Top court overturns Calcutta HC judgement that advised adolescent girls to “control sexual urges”

In the suo motu case on adolescent privacy, the Court issued guidelines emphasising neutral judgments

Analysis

Monthly Review: July 2024

In July, after summer vacation, the top court closed a long-pending case on mineral royalty and denied a retest of the 2024 NEET UG exam

Analysis

Supreme Court refuses interim bail to Arvind Kejriwal in CBI’s corruption-related arrest

Kejriwal’s counsel argued that the CBI’s last minute arrest was like an “insurance arrest”

Analysis

“A game of snake and ladder”: Tracing Manish Sisodia’s 17-month journey to bail

We map out the CBI and ED investigations against former Deputy CM Manish Sisodia's alleged involvement in the Liquor Policy case

Analysis

Supreme Court directs state governments to address concerns surrounding the premature release of prisoners

In the hearing on bail policy reform, the Court also asked states to update information on the e-Prison module

Hearing Reports

Challenges to the Prevention of Money Laundering Act | Judgement Summary

A Division Bench upheld all provisions relating to bail, as well as the ED’s wide powers to arrest, search and seize, under the PMLA

Analysis

Supreme Court issues directions to High-Powered Committee to strengthen NEET exam management

The Court has directed the Committee to submit a status and compliance report by 30 September

Analysis

Supreme Court refuses to cancel 2024 NEET UG exam due to insufficient evidence of “systemic” leak

The Court held that a retest would have “cascading effects” on medical education and prejudice students from marginalised communities

Analysis

‘Private operators’ and coaching centres tampered with the 2024 NEET UG exam, argue petitioners

The Court directed a three-member expert body from IIT Delhi to clarify the position of an ambiguous question in this year’s NEET exam

Analysis

Common entrance exams and the Supreme Court

A review of cases on all-India exams suggest that the Court has encouraged centralisation even at the cost of shoddy administration

Analysis

Paper leak in NEET UG 2024 is an undisputed fact, says Supreme Court; directs NTA to disclose exam details by 10 July

The Bench will decide if a retest of the NEET UG 2024 is essential based on the NTA’s report

Analysis

The Supreme Courts of South Asia: A comparative look

A ready-reckoner about some of the key features of the top courts of India, Pakistan, Bangladesh, Sri Lanka, Nepal and Bhutan

Analysis

Kania and Nehru

Nehru’s fraught relationship with the judiciary had its roots in his exasperation with the first Chief Justice on the matter of appointments

Analysis

Justice A.S. Bopanna’s Notable Judgements

From demonetisation to legislative immunity for lawmakers, Justice Bopanna was part of key Constitution Bench cases at the top court

Analysis

When Dr Ambedkar argued in the Supreme Court

In his only known case in the SC, the key architect of the Constitution evoked its ‘spirit’ in a precursor to the Basic Structure doctrine

Analysis

What are the oldest pending cases at the Supreme Court?

The registry’s response to an RTI filed by SCO shows that 24 cases have been pending for 30 years or more. We dig into the details

Analysis

A decade in incarceration: How justice failed Professor G.N. Saibaba

Saibaba speaks about how bail for the marginalised is a major blind spot for the Courts

Analysis

Judiciary must ensure that fundamental rights are closely guarded: Interview with G.N. Saibaba

Professor Saibaba speaks to SCO about how the failures of the judiciary is reflected in prisons

Analysis

Money matters are the oldest matters

Oil companies, realtors and big business have a lot riding on the outcomes of the three longest-pending nine-judge bench cases

Analysis

Five must-reads on sub-classification within reserved categories

A revisiting of the Chinnaiah judgement raises questions about sub-classification in reservations for Scheduled Castes

Analysis

The many legacies of Justice S. Ravindra Bhat

Civil rights champion, ‘black letter’ judge, the man who shook up Indian IP jurisprudence—who was the real Justice Bhat?

Analysis

Supreme Court Review 2023: The diversity problem remained unaddressed

Even in a mostly full-strength Court, there was a startling lack of representation of religious minorities, women & marginalised communities

Analysis

Supreme Court Review 2023: Bail

In a year when the Court has been accused of not walking its talk, its bail decisions stand out as a stark instance of this trend

Analysis

Supreme Court Review 2023: Gender Discrimination and Personal Liberty

In a concerning year for personal liberty, the Court took on gender stereotypes but undid its progressive jurisprudence in an abortion case

Analysis

Justice S.K. Kaul’s Notable Judgements

In a judicial career spanning 20 years, Justice Kaul’s judgements deeply impacted freedom and autonomy

Analysis

36th LAWASIA Conference 2023 | Regulating the right to internet is a deeply political discussion

Panellists discussed various possibilities on the best way to regulate internet shutdowns, net neutrality and hate speech on social media

Hearing Reports

Freebies in Electoral Democracy | Day 8: If inducement of bribery cannot be done directly, it cannot be done indirectly, argue petitioners

Petitioners contended that political parties must be seen as “persons” engaging in corrupt practices by promising freebies

Analysis

On disability rights, we need to look beyond the Supreme Court

While the top Court has commendably steered disability advocacy, stronger localised adjudication is fundamental

Analysis

The perpetual struggles of disability rights litigation

For years, disability rights advocates have claimed weak legal enforcement. A PIL in the apex court has the chance to catalyse a reckoning

Analysis

Equality among equals: five must-reads on the necessity of affirmative action

In the wake of the passing of the Women’s Reservation Bill, we curate some thought-provoking reads on the true intent of affirmative action

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

What cases will be heard by the nine-judge bench of the Supreme Court?

The nine-judge bench will hear cases on rights of landowners, taxation, power of the state to levy excise fee and industrial disputes

Analysis

The Women’s Reservation Bill has a long history of arguments and stakes

DESK BRIEF: After two years of silence from the government in a PIL, Parliament abruptly passed the bill in a special session

Hearing Reports

Abrogation of Article 370: Arguments Matrix

Breakdown of 60+ hours of arguments in the challenge to the repeal of Jammu and Kashmir’s special status

Analysis

Restricted Information: Six significant judgements from the last decade

Backdoor legislative tweaks, sluggish e-portals, mixed messaging from courts—India’s once-vaunted RTI framework is losing its bite.

Analysis

The Delhi ‘Services’ Bill: How Does it Differ from the Union’s Ordinance?

SCO examines the major differences between key provisions of the Delhi Service Ordinance and the Delhi Service Bill.

Analysis

Supreme Court’s Refusal to Deploy Security Forces in Manipur: Rare or Standard Procedure?

Precedents indicate that the Supreme Court has frequently directed the deployment of paramilitary forces to maintain law and order.