Tushar Kohli

Tushar Kohli's Posts

Analysis

Five election-related cases in the Court’s docket in the run-up to the 2024 polls

The what, when and why of the top court’s decisions in these key cases could have significant ramifications on India’s electoral landscape

Analysis

More listing trouble in SC as Adani seeks review of electricity dispute through miscellaneous application; judgement reserved

In August 2020, the top court granted compensation to Adani Power but held that the Discom is not liable to pay the surcharge

Analysis

“The SC was set up as a bulwark against injustice, tyranny, arbitrariness”: CJI

At an event to inaugurate the 75th year of the top court, CJI Chandrachud stressed on the Court’s achievements

Analysis

“Complex articulation often seeps into our judgements”: Justice Sanjiv Khanna

While delivering the inaugural address at an event to kick off the Court’s 75th year, the judge acknowledged that orders need to be brief

Hearing Reports

Extension of Border Security Forces Jurisdiction in Punjab | Day 1: Court frames issues

The Court will examine whether the Union interfered with the state’s legislative powers by extending the BSF’s jurisdiction in the state

Analysis

Supreme Court takes stock of virtual hearing systems in High Courts

The top court encouraged the standardisation of virtual hearing procedures across the country’s High Courts

Analysis

Monthly Review: December 2023

December saw the Article 370 judgement, hearings against Section 6A of the Citizenship Act, Justice Kaul’s retirement and more. 

Hearing Reports

State-Wise Grant of Minority Status | Day 6: Supreme Court gives a last chance to states to file reports and replies

Irked by delays in filing a response since 2020, the Court warned parties that any further delays will attract a fine of ₹10,000

Analysis

Supreme Court Review 2023: Constitution Bench Decisions

The Supreme Court delivered 18 Constitution Bench decisions in 2023. SCO lists them all

Hearing Reports

AMU Minority Status | Day 1: Existence of central law no bar to minority status, petitioners argue

The petitioners claimed that while AMU has a secular education system, it retains a “Muslim character”

Analysis

Time limit to fill casual vacancies: Supreme Court considers forming guidelines for Election Commission

The Court set aside a Bombay High Court direction to hold the election to replace Late Member of Parliament Girish Bapat immediately.

Analysis

2023 Supreme Court Review: Federalism

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

Analysis

Adani-Hindenburg Controversy | Judgement Pronouncement

The Court refused to transfer SEBI’s probe into Adani’s stock manipulation and accounting fraud to the CBI or a Special Investigation Team

Analysis

Supreme Court Review 2023: On Marriage

The SC said marriage age and rights of sexual minorities was in parliament‘s domain. It used its wide powers under Art. 142 to grant divorce

Analysis

Supreme Court passes directions to secure places of worship in Manipur

Manipur Government to inform the Expert Committee on steps for securing vandalised places of worship.

Hearing Reports

Judicial Vacancies in Lower Courts | Day 7: Supreme Court takes note of status report on Delhi’s judicial infrastructure

Status report provides assurances on tender allocation and reveals the extent of deficiency of houses for judges

Analysis

Validity of automatic vacation of stay | Supreme Court reserves judgement

Automatic vacation of stay is arbitrary, judgement in Asian Resurfacing was wrong, SG Mehta argues

Hearing Reports

Validity of automatic vacation of stay: Day 1 | Supreme Court reserves judgement 

Automatic vacation of stay is arbitrary, judgement in Asian Resurfacing was wrong, Solicitor General Tushar Mehta argues 

Hearing Reports

Section 6A of the Citizenship Act | Day 4: Supreme Court reserves judgement

SG Mehta submits updated data on citizenships and foreigners detected in Assam under Section 6A

Hearing Reports

Judicial Vacancies in Lower Courts | Day 6: Supreme Court questions Delhi government on delay in disbursement of funds for judicial infrastructure

The Supreme Court directed the Government of NCTD to apprise the court of the sanctions for approved projects

Hearing Reports

Sec. 6A of the Citizenship Act | Day 3: Court directs Union government to submit data on number of citizenships granted to immigrants

The Union government asserted that the parliament is constitutionally empowered to make specific citizenship laws

Hearing Reports

Sec. 6A of the Citizenship Act | Day 2: The immigration issue persists in other border states, not just Assam, petitioners argue

Petitioners contended that the provision violates Article 14 by creating an unreasonable classification for Assam among states

Hearing Reports

Sec. 6A of the Citizenship Act | Day 1: People of Assam should not be reduced to a minority, petitioners argue

Senior Advocate Shyam Divan argued that Assam’s resources was unfairly burdened by unfettered immigration from Bangladesh