Advay Vora

We revisit notable judgements and petitions that occupied the top court’s attention during election season

We summarise the 501-page judgement which laid down parameters to identify the minority status of institutions established under Article 30

The outcome in a petition seeking cancellation of DMK minister Senthil Balaji’s bail could shape the NDA’s PMLA strategy in its third term

But confusion was caused by two webpages of the National Judicial Data Grid, which displayed conflicting figures for the same data points

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

As the discussion on Justice Chandrachud’s legacy settles, there is a sense that his successor may herald a return to more unassuming ways

We explain the 7-judge bench decision which laid down parameters determining the minority status of an institution.

The majority laid down parameters to test whether an institution, including a University, could be recognised as a minority institution

A ready-reckoner of the arguments and verdicts in all the Constitution Benches cases during the outgoing Chief Justice’s tenure

A seven-judge Constitution Bench will decide whether AMU fulfils the parameters of a minority institution under Article 30

States, union territories and stakeholders directed to submit their suggestions on the NTF’s report within three weeks

The drop in pendency is a welcome trend given there was a rise last year, but questions about data discrepancy still remain unanswered

We bring you the key highlights of the decision upholding Section 6A of the Citizenship Act, 1955.

In a dissent in the Assam citizenship case, Justice Pardiwala proposed it as a ‘third prong’ to test the arbitrariness of a law. We explain.

Last week’s decision upholding Section 6A of the Citizenship Act marks the beginning of a series of rulings expected in the coming days

Our matrix provides a snapshot of the majority and dissenting opinions in the 407-page judgement

We summarise the 407-page judgement in which five judges upheld the validity of Section 6A of the Citizenship Act in a 4:1 majority

In his sole dissent, Justice Pardiwala observed that Section 6A was arbitrary and failed the test of time

The decision will clarify whether citizenship granted to immigrants who entered from Bangladesh between January 1966 & March 1971 are valid

After two months of declining pendency in the Supreme Court, September 2024 saw a reversal of the trend

We map the sequence of events at the Supreme Court over six months which led to Kejriwal’s release in the liquor policy scam

We summarise the 60-page judgement of the Supreme Court which granted bail to former Delhi CM and AAP leader Arvind Kejriwal in his CBI case

Skimming through the causelist may not seem like much, but it offers us insight into the workings of the court

We explain everything that has happened so far in West Bengal's original suit challenging CBI's jurisdiction in the state

The latest offerings in our Court at 75 series: an analysis on bench allocation, a long-read on book bans and a video on gender diversity

As the SC turns 75, we analyse rostering under Chandrachud and Lalit courts and make a case for a publicly defensible allocation rationale

The Bench observed that laws for the protection of fundamental duties already exist under separate legislations

70 days after his arrest by the CBI, Kejriwal relied on three favourable bail orders in his ED case to argue for interim bail

Pendency in the Supreme Court reduced for the second time in a row after recording an all-time high in June 2024

In her three year tenure, Justice Kohli averaged approximately 13 judgements a year

Justice Hima Kohli’s tenure was the shortest among nine colleagues who were appointed the same day as her

In a tenure spanning three years, Justice Kohli authored 40 judgements and was a part of 208 benches

Insurance companies argued that transport vehicles formed a different class and demanded a distinct skill set, than light motor vehicles

The Court directed the States to collect the retrospective tax in instalments over 12 years starting from April 2026

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

A Court returned after a seven-week summer break in July 2024 to record the first drop in month-on-month pendency since February

While upholding sub-classification for the SC/ST categories, the Court noted that there are varying degrees of backwardness within the group

Union and mining companies argued for prospective application in the face of the enormity of the retrospective tax burden

The Bihar government has appealed against a Patna HC decision which declared its 65 percent reservation in the state as unconstitutional

Before the Chief retires, Constitution Benches led by him must deliver verdicts in cases about, reservation, tax, minority status and more

We summarise the 393-page judgement which held that state legislatures have the power to power to tax mineral land and mineral rights

Our judgement matrix encapsulates the key issues and the Court’s decision to uphold state governments’ power to levy tax on mines

The Constitution Bench of the SC upheld the state governments’ power to tax mines and minerals in an 8:1 majority. Why does this matter?

In her dissent, Justice Nagarathna cautioned that allowing states to collect tax on mines and minerals would have adverse economic effects

Petitioners argued that the caste census would violate individuals’ right to privacy

The Court’s decision to refer an issue around the legality of Kejriwal’s arrest to a larger bench could widen the scope of judicial review.

We plot all the key events in Delhi CM Arvind Kejriwal's arrest by the Enforcement Directorate and the top court's grant of bail

The Supreme Court granted interim bail to Kejriwal. Meanwhile, the legality of his arrest was referred to a larger bench

Bench said that the question of the 'need and necessity of arrest' is open even as the Delhi CM will have to stay in jail in the CBI case

The CJI’s court was business as usual with housekeeping announcements, a “path breaking judgement”, and the NEET issue stealing the show

During its vacation month, we looked back at the Court's summer session, and launched a special series on 75 years of the top Court

Even as it is normal for the pendency figure to rise during the vacation, the Court has its task cut-out in the second half after June 2024

A nine-judge bench heard arguments on the turf war between the Union and states. Mining companies also had their say. Here’s a summary

A Vacation Bench permitted the Delhi CM to file a fresh petition challenging the Delhi High Court’s stay

What is the purpose of Form 17C and why did the Supreme Court adjourn it?

The month of May 2024 ended with 82,308 pending cases—the highest pendency figure for this year

Last week, the Court adjourned a request asking the ECI to publish turnout data within 48 hours of polling. Here’s an explainer

Arvind Kejriwal and Hemant Soren were both arrested by the ED in PMLA cases. Why did only one of them get interim bail to campaign?

Supreme Court raps Soren's legal team for withholding crucial information concerning his plea

The Enforcement Directorate argued that CM Arvind Kejriwal's interim bail was granted on different circumstances that do not apply to Soren

Justice Bopanna’s tenure was short of the average tenure of sitting judges at the Supreme Court

Justice Bopanna authored 18.6 judgements per year during his five-year long tenure

The ED argued that reasonable suspicion of guilt is enough to determine whether a person could be arrested under PMLA

The ED argued that Arvind Kejriwal bypassed procedures by directly approaching the High Court to challenge his arrest

In his five year long tenure, Justice Bopanna authored 91 judgements in matters relating to criminal law, services, and property law

The Supreme Court observed that Kejriwal was not a threat to society as he had no criminal antecedents

The Bench directed Kejriwal to report back to judicial custody on 2 June, two days prior to the 2024 Lok Sabha Election Results

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

Senior Advocate AM Singhvi argued that the ED must have strong reasons to believe that Kejriwal was the “kingpin” of the Liquor Policy case

Observers have pointed out that appointing the senior most judge as the CJI has resulted in a “revolving door” which affects stability

Relying on the timeline of events, Singhvi argued that the co-accused in the Liquor Scam case were pressured into implicating Kejriwal

Singhvi argued that the arrest did not meet the criteria for arrest laid down by the Prevention of Money Laundering Act

The top court directed the Symbol Loading Unit of the VVPATs to be stored for 45 days after the declaration of election results

The Supreme Court summoned an Election Commission officer to answer questions about the technical features of EVMs

Two cases, three lists and a turf war between the Centre and states

The Bench will hear Kejriwal’s plea in the last week of April; Enforcement Directorate to file response a week before that

In March 2024, Division Benches of the top court passed crucial orders which impact governance, elections and free speech

Justice Bose's tenure spanned five years, slightly below the average tenure of sitting judges

Justice Bose authored 13 judgements a year, during his five-year long tenure at the Supreme Court

Justice Aniruddha Bose authored 67 judgements during a five-year tenure

Petitioners argue that the Gujarat High Court favoured the seniority of judicial officers, and not their merits

Transfer to prevent “contradictory judgments” on the IT Rules 2021 from various High Courts, says Supreme Court

The Supreme Court stated that the establishment of a fact check unit under the Rules raise “serious constitutional questions”

Watch the story of the nature of royalty paid by mine leaseholders case which was recently heard by a nine-judge bench of the Supreme Court

The matrix breaks down 8 days of arguments before nine judges on whether royalty paid by mine leaseholder is a tax and if states can levy it

The appellants argued that there is no adverse consequence if state governments tax mines and minerals

Respondents argued that “royalty” was in the nature of tax as it was a mandatory financial obligation

Sharply departing from the submissions of his fellow respondents, the SG said that royalty and tax are not synonymous

Senior Advocate Harish Salve argued that states are the delegate of the Union government under the Mines Act, 1957

Senior Advocate Harish Salve stated that the limited power of the state to collect tax was justified for the purpose of “mineral development

The Land and Development Office was directed to consider the Aam Aadmi Partie’s application for an alternate land within four weeks

Senior Advocate Harish Salve argued that “royalty is akin to tax” under the Mines and Minerals Act

Appellants argued that state governments are competent to collect tax based on mineral produce

Senior Advocate Rakesh Dwivedi argues that the Mines Act never considered “royalty” as a form of “tax”

The Supreme Court reserved judgement in a case determining the minority institution status of Aligarh Muslim University

Justice Kaul’s 6.75 year long tenure was more than the average tenure of sitting judges in the Supreme Court

We highlight four aspects that stood out to us in the Court’s ruling on the unconstitutionality of the Electoral Bonds Scheme

We summarise the key contentions in the Aligarh Muslim University minority status case

SCO’s judgement matrix covers the key points in the two opinions which unanimously struck down the Union’s Electoral Bond Scheme

Advocate K. Parameshwar pointed out that land allotted to the Delhi High Court was encroached by the political party in power in Delhi

In January, the Supreme Court had a Constitution Bench hearing, delivered a judgement in the Bilkis Bano remission case, & appointed a judge

SCO’s matrix covers eight days of arguments in the Aligarh Muslim University Minority status case.

In the AMU hearings, respondents audaciously argued there were no minorities in colonial India. Will the Court consider it?

Petitioners argued that AMU retained the right to administer the institution as per its discretion

Respondents argued that AMU never demanded reservation for minorities in over 55 years

Senior Advocate Rakesh Dwivedi argued that the Supreme Court has evaded from defining the actual meaning of “minority” under Article 30

Solicitor General Tushar Mehta submitted that there was no legal mandate for AMU to have a Muslim run administration

The Union argued that a minority institution can only be established if there is an enabling legislation to permit it

The Bench held that the reasons expressed by the convicts did not justify a postponement of surrender beyond two weeks

Supreme Court should start prosecuting personnel identified by a Court appointed committee, argue petitioners

The Supreme Court called out the convicts' abuse of process in the Bilkis Bano case

Petitioners argued that AMU facilitates dreams of education among minority children and women

A Division Bench unanimously ordered the 11 convicts in the Bilkis Bano gangrape case to return to prison within two weeks

Petitioners argue that Article 30 was an alternate mechanism to grant reservation to religious minorities outside of the caste hierarchy

The Supreme Court directed the 11 convicts to report back to jail authorities within two weeks

The Bench held that the remission was illegal as the Gujarat Government usurped jurisdiction and abused the rule of law

Barring the matters on Governor’s powers, the Court landed on the side of the ruling party in key cases including defection & demonetisation

The Court displayed a progressive approach in certain high-profile cases involving the right to life. We highlight three significant cases

Senior Advocate A.M. Singhvi argued that the top Court was dealing with a complex constitutional issue on passage of bills by Governor

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

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

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

The Court directed the Governor and the Chief Minister to engage in a discussion and find a workable solution

A Human Rights committee set up by the Supreme Court claims there are 175 dead bodies across mortuaries in Manipur

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

Panellists discussed the need for more empathetic approaches to indigenous people in the societal and legal realms

Senior Advocate A.M. Singhvi argued that the Vijay Madanlal judgement incorrectly upheld provisions which were declared unconstitutional

Senior Advocate Vijay Hansaria argued that the Supreme Court erred when it upheld electoral freebies in an older judgement

Prolonged appointments pending since July 2023 breached the timeline set by the Supreme Court for appointing judges

The Bench noted that there is a huge mismatch between parents who wish to adopt and children available for adoption

A Division Bench held that five provisions of the Insolvency and Bankruptcy Code do not violate principles of natural justice

Currently, there are 327 vacancies out of 1369 positions in the state of Tamil Nadu

A Division Bench directed the Attorney General to engage in a “fruitful discussion” with the Union Government over pending recommendations

What happened at the Supreme Court in October 2023? We recap all the notable developments.

Madhya Pradesh, Punjab & Haryana High Courts to submit timeline for the direct recruitment of district judges

Disqualification proceedings of Nationalist Congress Party members are to be concluded by 31 January 2024.

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

Justice S.R. Bhat’s four year tenure falls short of the average tenure of a Supreme Court judge.

Justice S. Ravindra Bhat wrote a little more judgements than his peers who served for four years at the Supreme Court

Justice Bhat retires after a four-year tenure with 142 judgements to his name

The Court directed the Union and state governments to ensure that queer persons are protected from violence and discrimination

SCO’s judgement matrix breaks down each judge’s opinion in the marriage equality judgement

A five-judge Constitution Bench held that there is no fundamental right to marry for sexual minorities in India

Petitioners highlight the ill intentioned and arbitrary nature of the remission granted to the convicts

Advocate Shobha Gupta also cited precedents to argue that the nature of crime and its impact on society must be considered in remission

Over two days, the bench heard arguments from ten lawyers on the correctness of the decision in Narasimha Rao v State

Senior Advocate Raju Ramachandran said that “it is not for the court to find perfect solutions for all moral dilemmas.”

The proceedings in the Bilkis Bano convict remission case have opened up some vital questions about subjectivity and standards

The CJI-led bench also directed the Manipur Bar Association to ensure that lawyers belonging to all communities can safely appear in courts

Our explainer distils the key issue and conclusions in four prominent Supreme Court precedents

In 2023, a Constitution Bench has assembled almost each month to tackle matters of public importance

‘If the victim cannot approach, then who can approach?’ asks Justice B.V. Nagarathna

Supreme Court raps Maharashtra Legislative Assembly Speaker for not acting on 34 disqualification petitions of 56 MLAs

The Court stayed proceedings under all First Information Reports filed against members of the guild.

Senior Advocate Siddharth Luthra argued that convicts must be allowed to “atone” for their offences

The Bench heard arguments for 60+ hours over 16 days. Senior Advocate Kapil Sibal argued the longest, followed by SG Mehta

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

The Court declined the Union’s request to “defer” hearings until the Parliament enacts a new penal code

The SC held that immunity against arrest does not extend to older pending cases after the provision granting immunity is struck down

DESK BRIEF: The Bilkis Bano Convict Remission case has exposed the gap between theory and practice in criminal justice administration

The Bench recorded that the fines were deposited without the approval of the Supreme Court.

SG Tushar Mehta argued that Jammu & Kashmir has seen rapid development since it was made a Union Territory.

Solicitor General Tushar Mehta argued that removing Art. 370 was Union’s way to rectify the mistakes of the past.

The Supreme Court has seen a continuous stream of promising reforms under nine-months of Chief Justice D.Y. Chandrachud.

Supreme Court accepts SG Mehta’s contention that “security issues” in Manipur would make it difficult to conduct trials there

Court records confusion over whether opinion of the presiding judge of Maharashtra court was sought by the Gujarat government

22 petitioners, 17 counsel, nine days of hearing. SCO’s matrix will help you navigate who argued what

The Committee submitted three reports related to the reconstruction of lost documents, payment of compensation and appointment of experts

SCO curates five pieces that cast a critical eye on the Digital Personal Data Protection Act, 2023

DESK BRIEF: The Supreme Court has seen a continuous stream of promising reforms within nine-months under Chief Justice D.Y. Chandrachud.

Senior Advocate C.S. Vaidyanathan also contended that the information sought raises privacy concerns and counters “contemporary views"

ASG S.V. Raju contended that the remission was based on a straightforward application of the 1992 Gujarat Policy.

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

Petitioner lawyers argued in favour of the maintainability of PILs and against the legality of remission granted to the convicts.

Senior Advocate Sidharth Luthra and Adv. Rishi Malhotra argued that third parties could not interfere in criminal proceedings.

Adv. Shobha Gupta argued that the decision to release the convicts was ‘arbitrary’.

The Court appointed a committee of retired High Court judges and an independent former IPS Officer to oversee multiple issues in Manipur

Senior Advocate Kapil Sibal argued that the process of abrogating Article 370 was a political ploy.

The Supreme Court directed the Manipur government to give a detailed breakdown of 6,523 FIRs filed in the violence.

SCO tracks the evolution of Article 370 from 1947.

SC upheld Amendments allowing the Union to extend tenures of CBI and ED Directors. The extension granted to Mr. S.K Mishra was held illegal.

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

The top court of India hears cases for 190 days a year, a significantly higher workload compared to its counterparts worldwide.

The Supreme Court quashed the Gujarat High Court’s rejection of bail to Teesta Setalvad, calling its reasoning perverse.

The report contains details of security and relief measures including restoration of internet access and relaxed curfew hours.

The Supreme Court directed the Manipur Government to consider suggestions made by the petitioners within 3 days.

A Division Bench ordered the petitioners to scrutinise the status report filed by the Manipur Govt. and revert with suggestions on Tuesday.

Justice Krishna Murari authored 64 judgements during his 3.75 year long tenure.

Justice Krishna Murari retired on July 8th, 2023 with an overall authorship rate of 21%

Justice Krishna Murari authored 64 judgements, at a rate of 17 judgements per year.

Petitioners expressed their intention to intervene in the pending challenge to the internet shutdown before the Manipur High Court.

SCO recaps the Supreme Court's activity in June where we saw new Constitution Benches and the retirement of three judges.

A 3-Judge Bench directed the State of Manipur to file a fresh status report detailing the present situation of Manipur on Monday.

June saw the formation of a new Constitution Bench and the retirement of three judges.

Justice Ramasubramanian authored 102 judgements during his tenure at the Supreme Court, and was a part of leading Constitution Benches.

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

A Judge elevated from the Bar serves longer than the expected average tenure of a Supreme Court Judge.

Comedian Kunal Kamra argues that the Rules will lead to censorship and overregulation of online content.

The Bench held that public officials' Freedom of Speech cannot be restricted by other fundamental rights claims.

The Supreme Court will decide the constitutional validity of the Internet shutdown in Manipur.

Curative Petitions are the final remedy where the SC can reconsider a dismissed review petition. SCO tracks notable Curative petitions.

Justice Rastogi authored judgements in 31.5% of the benches that he was a part of.

Justice Ajay Rastogi was the fourth highest judgement contributor at the SC.

In his 4.5 year tenure, Justice Rastogi was the 4th most prolific judgement author amongst his peers.

Justice Joseph, among the most prolific judgement writers at the SC, wrote 4 Constitution Bench Judgements in 2023 alone.

The decline in half-year pendency numbers is a hopeful sign that pendency may drop further in 2023.

SCO recaps the Supreme Court's activity in May.

May saw the most Constitution Bench Judgements this year, and saw the retirement and appointments of two judges.

Citing National Security, the 279th Law Commission report recommended increased punishment and wider application of Sedition Law

SCO recaps the institutional developments from March to May 2023.

What key cases were heard during the Supreme Court's summer session? SCO reviews.

With SC on summer vacation, SCO recaps the notable judgements of the summer session of 2023.

A 5-Judge Bench upheld the practice of Jallikattu, Kambala and Bailgada Sharyat

A Constitution Bench clarified its powers to grant divorce under Article 142 of the Indian Constitution

By a 4:1 majority, the Supreme Court upheld the validity of the Union's 2016 Demonetisation Scheme. SCO breaks down the Judgement.

SC Judgments in the challenge to the Hijab Ban and on abortion laws for married women were important milestones in equality for women.

The post-summer session of the Court saw pendency drop by almost 2,500 cases. Will this trend continue?

Prof. Sandeep Shukla from IIT Kanpur warned about the insidious and dangerous way in which the Pegasus spyware operates.

Mr. Paranjoy Guha Thakurta expressed concern regarding the effect of Pegasus on Freedom of Speech and criticised the Union's stance.