Advay Vora

Advay is an assistant editor at the Supreme Court Observer.

Advay Vora's Posts

Court Data

Pendency reduces by over 650 cases in November 2024

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

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

Transition time

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

Channel

Aligarh Muslim University judgement: Explained

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

Hearing Reports

AMU Minority Status | Judgement Pronouncement: Supreme Court overrules Azeez Basha

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

Analysis

16 Constitution Bench judgements by D.Y. Chandrachud as Chief Justice

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

Analysis

Supreme Court to deliver its decision on the minority status of Aligarh Muslim University

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

Analysis

Kolkata Rape and Murder Case | NTF submits pan-India recommendations on doctor safety

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

Court Data

Pendency reduces by 99 cases in October 2024

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

Channel

Section 6A of the Citizenship Act: Judgement Explainer

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

Analysis

What is ‘temporal unreasonableness’ in constitutional law?

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.

Analysis

‘Judgement Thursday’ strikes again

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

Hearing Reports

Section 6A of the Citizenship Act | Judgement Matrix

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

Hearing Reports

Section 6A of the Citizenship Act | Judgement Summary

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

Hearing Reports

Section 6A of Citizenship Act | Five-judge bench upholds constitutionality in a 4:1 majority

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

Analysis

Supreme Court to determine validity of Section 6A of the Citizenship Act, 1955

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

Court Data

Pendency increases by 200 cases in September 2024

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

Analysis

Arvind Kejriwal in the Supreme Court: A timeline

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

Analysis

Arvind Kejriwal’s bail in CBI case | Judgement Summary

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

Analysis

Causelists and cases

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

Channel

West Bengal’s Original Suit against CBI’s jurisdiction: Explained

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

Analysis

Master of the Roster, book bans, representation

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

75 Years of the Supreme Court

Master of the Roster: Securing Process Legitimacy of the Supreme Court

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

Hearing Reports

Enforcement of Fundamental Duties | Day 1: A comprehensive law enforcing fundamental duties is the “need of the hour,” argue petitioners

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

Analysis

Supreme Court reserves judgement in Arvind Kejriwal’s plea for bail from CBI arrest

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

Court Data

Pending cases in the Supreme Court reduce by over 400 cases in August 2024

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

Court Data

Justice Hima Kohli authored 40 judgements

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

Court Data

Justice Hima Kohli retires after a three year tenure at the Supreme Court

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

Analysis

Justice Hima Kohli: Tenure in numbers

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

Hearing Reports

Separate licence for transport vehicles | Day 7: Five-judge bench reserves judgement

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

Hearing Reports

States’ permitted to collect retrospective tax from mine leaseholders for transactions made after April 2005

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

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

Court Data

Supreme Court reduces case backlog by over 900 in July 2024

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

Analysis

Carving out a new quota

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

Hearing Reports

Nine-judge bench reserves verdict on prospective application of mineral taxation judgement

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

Analysis

What is the Bihar government’s 65 percent reservation quota challenge in the Supreme Court?

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

Channel

Upcoming Constitution Bench decisions in 2024

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

Hearing Reports

State’s power to tax mines and minerals: Judgement Summary

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

Hearing Reports

State’s power to tax mines and minerals: Judgement Matrix

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

Channel

State’s power to tax mines and minerals: Judgement Explainer

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?

Hearing Reports

Nature of Royalty | Judgement Pronouncement: States have the power to collect tax on mines and minerals, SC holds in 8:1 majority

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

Hearing Reports

Bihar Caste ‘Census’ | Day 2: Bench narrows down key issues; arguments to begin in September 2024

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

Analysis

The “need and necessity” of arrest

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.

Channel

Arvind Kejriwal’s arrest: Story so far

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

Analysis

Arvind Kejriwal’s challenge to ED arrest: Judgement Summary

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

Analysis

SC grants interim bail to Kejriwal in ED case; refers question of legality of arrest 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

Analysis

Stories from the first day of a Supreme Court back from vacation

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

Analysis

Monthly Review: June 2024

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

Court Data

Pendency increases by almost 2000 cases during the Supreme Court’s summer vacation in June 2024

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

Hearing Reports

Who can tax?: A summary ‘extraction’ of the Mineral Royalty case

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

Analysis

Arvind Kejriwal withdraws plea challenging Delhi High Court’s interim stay order from Supreme Court

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

Channel

What is the Form 17C petition about?

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

Court Data

Pendency increases by over 1,600 cases in May 2024 as the Supreme Court commences its summer break

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

Analysis

What is the Form 17C petition in the Supreme Court all about?

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

Analysis

A tale of two Chief Ministers

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?

Analysis

Former Jharkhand CM Hemant Soren withdraws his challenge to ED arrest from the Supreme Court

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

Analysis

Case against former Jharkhand CM Hemant Soren “fabricated”, petitioners argue

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

Court Data

Justice A.S. Bopanna retires after a five-year long tenure

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

Court Data

Justice A.S. Bopanna authored 91 judgements

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

Analysis

Supreme Court reserves judgement in Arvind Kejriwal’s plea challenging his arrest

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

Analysis

Sufficient material to implicate Arvind Kejriwal, Enforcement Directorate argues

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

Analysis

Justice A.S. Bopanna: Tenure in numbers

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

Analysis

What are the interim bail conditions for Chief Minister Arvind Kejriwal?

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

Analysis

Supreme Court grants interim bail to Delhi Chief Minister Arvind Kejriwal till 1 June 2024

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

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

Supreme Court considers interim bail for Arvind Kejriwal

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

Court Data

Average tenure of Chief Justice expected to drop over next decade

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

Analysis

Supreme Court asks ED to demonstrate Kejriwal’s involvement in the Liquor Policy case

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

Analysis

“This is a cat and mouse game”: Senior Advocate A.M. Singhvi on Arvind Kejriwal’s arrest

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

Hearing Reports

Supreme Court rejects plea seeking 100% vote verification with VVPATs

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

Hearing Reports

VVPAT Verification | Day 3: Questions, answers, concerns

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

Analysis

Breweries, refineries, treasuries

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

Analysis

Delhi Liquor Policy | Supreme Court issues notice to ED in Kejriwal’s plea challenging his arrest

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

Analysis

Monthly Review: March 2024

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

Court Data

Justice Aniruddha Bose had a 5 year long tenure

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

Court Data

Justice Aniruddha Bose authored 67 judgements

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

Analysis

Justice Aniruddha Bose: Tenure in numbers

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

Analysis

Supreme Court hears challenge against appointment of 68 judicial officers in Gujarat

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

Analysis

Supreme Court transfers challenges to IT Rules 2021 to the Delhi High Court

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

Hearing Reports

Challenge to IT Rules 2023 | Supreme Court stays Union government’s notification establishing a fact check unit

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

Channel

Nature of royalty paid by mine leaseholders: What is the case about?

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

Hearing Reports

Nature of Royalty: Argument Matrix

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

Hearing Reports

Nature of Royalty | Day 8: Constitution Bench reserves judgement

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

Hearing Reports

Nature of Royalty | Day 7: Respondents argue that Union can collect tax on mineral using residuary powers

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

Hearing Reports

Nature of Royalty | Day 6: No Union-state turf war, collection of tax on minerals a consultative process, Solicitor General argues

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

Hearing Reports

Nature of Royalty | Day 5: State governments cannot tax a land based on the value of the mineral extracted, argue respondents

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

Hearing Reports

Nature of Royalty | Day 4: States power to collect tax is “eclipsed” by the Parliament, argues respondent

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

Hearing Reports

Judicial Vacancies Update | Day 9: Aam Aadmi Party to vacate land by June 2024

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

Hearing Reports

Nature of Royalty | Day 3: Union’s power to collect tax evident in the constitutional scheme for mines and minerals, argues Union

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

Hearing Reports

Nature of Royalty | Day 2: State government entitled to collect tax from mineral land, appellants argue

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

Hearing Reports

Nature of Royalty | Day 1: Parliament cannot usurp state governments powers to collect tax

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

Channel

Aligarh Muslim University’s Minority Status: Arguments

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

Court Data

Justice S.K. Kaul served a tenure of 6.75 years

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

Analysis

RTI, privacy, proportionality, empirical evidence…and AI transcripts—key themes from the Electoral Bonds judgement

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

Analysis

Nationalists, loyalists, religionists: The saga of Aligarh Muslim University

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

Hearing Reports

Supreme Court rules Electoral Bond Scheme is unconstitutional | Judgement Matrix

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

Hearing Reports

Judicial Vacancies in Lower Courts | Day 8: Remove encroachment on land allotted to Delhi High Court expeditiously, says Supreme Court

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

Analysis

Monthly Review: January 2024

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

Hearing Reports

AMU Minority Status | Arguments Matrix

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

Analysis

Who is a minority?

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

Hearing Reports

AMU Minority Status | Day 8: Seven-judge bench reserves judgement

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

Hearing Reports

AMU Minority Status | Day 7: Aligarh Muslim University was constitutionally recognised as a non-communal institution, respondents argue

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

Hearing Reports

AMU Minority Status | Day 6: Minority rights did not exist before the Constitution, argue respondents

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

Hearing Reports

AMU Minority Status | Day 5: AMU was predominantly a non-minority institution, argues Union

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

Hearing Reports

AMU Minority Status | Day 4: Aligarh Muslim University voluntarily relinquished its minority status to the British government, argues Union

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

Hearing Reports

Supreme Court rejects Bilkis Bano convicts applications seeking extra time to return to prison

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

Hearing Reports

Gujarat Police Encounters | Day 4: Gujarat government accuses petitioners of “selective public interest”

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

Analysis

Remission for convicts only if they respect the rule of law

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

Hearing Reports

AMU Minority Status | Day 3: AMU responsible for the educated Muslim middle class, argue petitioners

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

Channel

Supreme Court quashes the remission of 11 convicts in Bilkis Bano case

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

Hearing Reports

AMU Minority Status | Day 2: Purpose of minority institutions is to impart quality education, argue petitioners

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

Hearing Reports

Early release of Bilkis Bano gangrape convicts | Judgement Summary

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

Hearing Reports

SC quashes Gujarat Govt’s remission order in Bilkis Bano case; directs convicts to report to jail in two weeks

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

Analysis

2023 Supreme Court Review: Democracy and Governance

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

Analysis

Supreme Court Review 2023: Right to Life

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

Hearing Reports

Pendency of Bills in Tamil Nadu | Day 4: Find a way out of this impasse, Supreme Court tells Tamil Nadu Governor and State Government over pending bills

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

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

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

Pendency of Bills in Tamil Nadu | Day 3: Governor cannot withhold bills indefinitely, says Supreme Court

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

Analysis

Ensure dignified burial of dead bodies in Manipur, directs Supreme Court

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

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

Analysis

The 36th LAWASIA Conference 2023 | The fine line between indigenous rights and environmental protection

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

Analysis

PMLA Judgement Review deferred as Union government requests extra time

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

Hearing Reports

Freebies in Electoral Democracy | Day 7: Freebies amount to corrupt practices in elections, argue petitioners

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

Analysis

Judicial Appointments in Limbo: Supreme Court Expresses Concerns Over Delayed Collegium Recommendations

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

Analysis

Supreme Court directs states and union territories to improve infrastructural defaults in state adoption agencies

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

Hearing Reports

Rights of personal guarantors in insolvency proceedings: Judgement pronouncement

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

Hearing Reports

Judicial Vacancies | Day 4: Supreme Court directs Madras High Court to expedite the filling of vacancies in Tamil Nadu and Puducherry

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

Analysis

Supreme Court pulls up Union Government for no response on collegium recommendations

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

Channel

Supreme Court’s Monthly Review: October 2023

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

Hearing Reports

Judicial Vacancies | Day 3: Supreme Court sets deadline for filling judicial vacancies in Madhya Pradesh, Punjab, and Haryana

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

Analysis

Supreme Court directs Maharashtra Assembly Speaker to conclude disqualification proceedings of Shiv-Sena members by 31 December 2023

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

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?

Court Data

Justice S. Ravindra Bhat served a tenure of four years at the Supreme Court

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

Court Data

Justice S. Ravindra Bhat authored an average of 35.5 judgements a year

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

Analysis

Justice S. Ravindra Bhat: Tenure in Numbers

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

Analysis

What were the directions issued by the Supreme Court in the Marriage Equality judgement?

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

Hearing Reports

Plea for Marriage Equality: Judgement Matrix

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

Hearing Reports

Plea for Marriage Equality: Judgement Summary

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 14: Bench reserves judgement

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 13: Convicts received “favoured treatment”, argued Bilkis Bano’s counsel

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

Hearing Reports

MLA Bribery Seven-Judge Constitution Bench | Day 2: Bench Reserves Judgement

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

Hearing Reports

MLA Bribery Seven-Judge Constitution Bench | Day 1: Counsels argue about the correctness of Narasimha Rao

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

Analysis

Remission policy: A tug-of-war between the judiciary and the executive

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

Analysis

Supreme Court accepts Expert Committee’s recommendations to improve conditions of displaced persons in Manipur

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

Analysis

Precedential Value: Cases cited in the Article 370 hearings

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

Analysis

Constitution Benches to become a “permanent feature” of SC: Chief Justice D.Y. Chandrachud

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 12: Remission order cannot be challenged in the Supreme Court, argue respondents

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

Hearing Reports

Maharashtra MLA Disqualification | Day 1: “Speaker must abide by the dignity of the Supreme Court”, says CJI Chandrachud

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

Analysis

Supreme Court calls complaint against Editors Guild a “counter narrative” of the Manipur Government

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

Hearing Reports

Early release of Bilkis Bano convicts | Day 11: Remission must focus on behaviour in jail, not heinousness of crime, Luthra argues

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

Court Data

Arguments Time Split: Challenge to the abrogation of Article 370

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

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

Hearing Reports

Constitutionality of Sedition Law | Day 6: CJI-led bench refers challenge to a Constitution Bench of “at least five-judges”

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

Hearing Reports

Retrospective immunity against arrest: Judgement pronouncement

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

Analysis

A Classroom Discussion on Criminal Reform Comes Alive in the SC

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 10: Convicts Deposit Fines After 15 Years

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

Channel

Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 12

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

Channel

Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 11

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

Channel

Supreme Court’s latest move towards Technology and Modernisation

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

Analysis

Manipur Violence: 27 cases transferred to CBI to be heard by session judges in Assam

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 9: Opinion of presiding judge of convicting court non-mandatory for remission, Union argues

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

Hearing Reports

Abrogation of Article 370: Petitioner’s Arguments Matrix

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

Analysis

Manipur Violence Expert Committee Demands Improvements in Compensation Schemes for Victims

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

Analysis

Digital Data Protection Act 2023: Five Must Reads

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

Analysis

Towards Technology and Modernisation: Ambitious Reforms at the Supreme Court

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

Hearing Reports

Bihar Caste ‘Census’ | Day 1: Caste-based survey encroaches on Union’s domain, argue Petitioners

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 8: Remission was correctly granted to convicts, argues Gujarat government

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

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.

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 7: Petitioners Can Challenge Remission Under Public Interest

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

Hearing Reports

Early Release of Bilkis Bano Convicts | Day 6: Respondents Argue that PILs Filed Lack Legal Standing

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

Hearing Reports

Early Release of Bilkis Bano Gangrape Convicts | Day 5: Petitioners Argued that the Gujarat Gov. Wrongfully Released Convicts

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

Analysis

Supreme Court Sets up Oversight Mechanisms to Supervise Violence Mitigation in Manipur

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

Hearing Reports

Abrogation of Article 370 | Day 2: Parliament Cannot Take the Place of a Constituent Assembly

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

Analysis

Supreme Court Rebukes Manipur Police Over Flawed Investigation

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

Analysis

Article 370 of the Constitution: A Timeline

SCO tracks the evolution of Article 370 from 1947.

Hearing Reports

Tenure Extension to CBI and ED Directors: Judgement Summary

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.

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.

Court Data

Does the Supreme Court of India Work More Days than Other Top Courts Across the World?

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

Analysis

Supreme Court Grants Bail to Teesta Setalvad

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

Hearing Reports

Status Report Filed by the Manipur Government: Summary

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

Hearing Reports

Army Deployment in Manipur | Day 3: Supreme Court Refrains from Deploying the Army and Paramilitary Forces in the State

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

Hearing Reports

Army Deployment in Manipur Day #2: Supreme Court Orders Petitioners to Prepare Suggestions

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

Court Data

Justice Krishna Murari: Number of Judgements Authored

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

Court Data

Justice Krishna Murari: Rate of Judgement Authorship

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

Analysis

Justice Krishna Murari: Tenure in Numbers

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

Analysis

Petitioners Withdraw Challenge Against Internet Shutdown in Manipur

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

Channel

Monthly Review: June 2023

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

Hearing Reports

Army Deployment in Manipur Day #1: State of Manipur to Report on Action Taken to Curb Violence

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

Analysis

Monthly Review: June 2023

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

Analysis

Justice V. Ramasubramanian’s Notable Judgements

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

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

Average Tenure of a Judge Elevated From the Bar is 6.3 Years

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

Analysis

Challenge to the IT Rules 2023

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

Hearing Reports

Restrictions on Public Official’s Freedom of Speech: Judgement Summary

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

Analysis

What is the Challenge to the Manipur Internet Shutdown?

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

Analysis

Curative Petitions: Court in Review

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

Court Data

Justice Ajay Rastogi: Rate of Judgement Authorship

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

Court Data

Justice Ajay Rastogi: Number of Judgements Authored

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

Analysis

Justice Ajay Rastogi: Tenure in Numbers

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

Analysis

Justice K.M. Joseph’s Notable Judgements

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

Court Data

Pendency at the Supreme Court: Half-Yearly Trends (2023)

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

Channel

Supreme Court Monthly Review: May 2023

SCO recaps the Supreme Court's activity in May.

Analysis

Monthly Review: May 2023

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

Analysis

Law Commission Recommends Stricter Sedition Law

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

Analysis

2023 Summer Session Review: Institutional Developments

SCO recaps the institutional developments from March to May 2023.

Analysis

2023 Summer Session Review: Notable Hearings

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

Analysis

2023 Summer Session Review: Judgements

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

Hearing Reports

Challenge to Jallikattu: Judgement in Plain English

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

Hearing Reports

SC’s Power To Directly Grant Divorce: Judgement in Plain English

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

Hearing Reports

Demonetisation: Judgement Matrix

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

Analysis

2022 Supreme Court Review: Gender Equality

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

Court Data

Number of Pending Cases at the SC Begins to Offer Hope as 2022 Ends

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

Analysis

Pegasus Depositions: Mr. Sandeep Shukla

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

Analysis

Pegasus Depositions: Mr. Paranjoy Guha Thakurta

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