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.