Ayushi Saraogi
Ayushi Saraogi's Posts
Analysis
A narrow check on the ED’s wide powers
‘Tarsem Lal’ clarifies that the ED cannot arrest after cognisance, but experts warn against reading it as a shift from ‘Vijay Madanlal'
Channel
SCO Daily: The Jallikattu Challenge
The case raises a number of questions about whether animals have rights and if the rules for Jallikattu contain sufficient safeguards.
Hearing Reports
Challenge to Jallikattu Day #2: Does the Tamil Nadu Law Violate Previous SC Decisions?
The Bench heard arguments claiming that States cannot amend laws in order to circumvent previous decisions by the SC.
Hearing Reports
EC Appointments Day #2: Union Argued Against Judicial Interference in Executive Domain
The Bench responded that Parliament has not discharged its constitutional duty to fix an appointment process in over 70 years.
Channel
SCO Daily: SC Hears Two Cases on Right to Religion
Two Benches of the Supreme Court heard petitions challenging the Places of Worship Act and forced religious coversions.
Channel
SCO Daily: Who Is Chief Justice Chandrachud?
Justice D.Y. Chandrachud began his 2-year term as the Chief Justice of India today. So who is CJI Chandrachud?
Channel
SCO Daily: Judgment Upholding Reservations Based on Economic Criteria Explained
A 5-Judge Constitution Bench by a 3:2 split verdict upheld the Union’s reservations for the economically backward.
Hearing Reports
EWS Reservation Judgment: SC Upholds 103rd Amendment in 3-2 Majority
All 5 Judges agreed that the Constitution permits reservations based on income, but disagreed on SC/ST and OBC exclusion and the 50% limit.
Channel
SCO Daily: Can the Government Ban A News Channel Citing ‘Security Concerns’ Without Disclosing What They Are?
The SC heard a challenge against the Union government's decision to ban a news channel over 'security concerns' which it refused to reveal.
Channel
SCO Daily: SC Returns from Diwali Break
CJI Lalit heard challenges to CAA and Sedition. Justice Chandrachud reiterated the bar on the two-finger test in sexual assault cases.
Hearing Reports
CAA #3: SC Will Hear Challenges from December 6th
SG Mehta was granted two weeks to file responses on behalf of Assam and Tripura to over 200 petitions challenging the CAA 2019.
Hearing Reports
Constitutionality of Sedition | Day 5: Union May Reconsider Law in Winter Session of Parliament
Yet again, the Union has not disclosed a definitive timeline or plan for its reconsideration of S 124A.
Analysis
Making a Constitutional Court Work
DESK BRIEF: How the Judges run Constitution Benches is critical to determine if the Court can be an effective custodian of the Constitution.
Hearing Reports
EWS Reservations: Pre-Judgment Matrix
What are the possible outcomes in the challenge to economic reservations and how will the Court substantiate its Judgment?
Analysis
Bail Under UAPA: Court in Review
Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 lays down stringent provisions for the grant of bail.
Analysis
Delhi High Court Denies Umar Khalid Bail
Justices Bhatnagar and Mridul said that the NIA's evidence established a prima facie case against Mr. Khalid.
Channel
SCO Daily: Why Was Umar Khalid Denied Bail Under UAPA?
The Delhi HC on October 18th held that there was a valid case against Khalid for the offences he was accused of.
Analysis
Hijab Ban Challenges: Here We Go Again
DESK BRIEF: Dhulia J emphasised that ‘finality is a good thing, but Justice is better' in an opinion that will prolong the Hijab Ban saga.
Channel
SCO Weekly: Hijab Ban to be Heard One More Time
A 2-Judge Bench of the SC delivered a split verdict on Karnataka’s Hijab Ban, which means the case will be deliberated for a 3rd time!
Hearing Reports
Hijab Ban: SC Judgment Matrix
Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict in the case.
Hearing Reports
Hijab Ban Judgment Pronouncement: Split Verdict from Justices Gupta and Dhulia
Justice Gupta upheld the Karnataka Hijab Ban. Justice Dhulia quashed it.
Analysis
Supreme Court’s Hijab Ban Judgment Must Address 7 Main Issues
These include questions on equality, religious freedom, privacy, right to education & free speech and expression.
Hearing Reports
Demonetisation #1: Does the RBI Act Allow Demonetisation?
The Bench heard arguments against the procedure and objectives of the Union's demonetisation policy.
Hearing Reports
Dawoodi Bohra Excommunication Day #1: SC Discusses Reference to Sabarimala Review 9-J Bench
It is unclear when the Court will resolve the 60-year old challenge to the powers of religious leaders to excommunicate members.
Channel
SCO Daily: Instant Divorce Still Prevails After Ban on Triple Talaq?
Dr. Syeda Ambreen filed a PIL asking the SC to declare unilateral and out-of-court divorces in Islam unconstitutional
Channel
SCO Daily: Demonitisation and Azam Khan Case Outdated?
Justice Nazeer commented that the two cases before them may no longer contain any issues for the Bench to address.
Analysis
Demonetisation, MLAs’ Rights and Immunity and Criminal Procedure Before Fourth Constitution Bench
Two out three listed cases before Justice Nazeer’s Bench may now be infructuous.
Hearing Reports
Maharashtra Political Crisis Constitution Bench Day #1: SC Refuses to Pause EC Decision on Use of Party Symbol
A Constitution Bench rejected the Thackarey faction's argument that loss of party symbol will cause unjust injury to them.
Analysis
‘Essentially Religious’ Hearings on the Hijab Ban
DESK BRIEF: Arguments on Religion took over half the SC time, despite all parties agreeing that it should not be the focus of the case.
Channel
SCO Weekly: The Battle of Arguments in the Hijab Ban Case
What arguments were made in the challenge to the Hijab Ban in Karnataka? What will the Judgement focus on?
Channel
SCO Daily: Hijab Ban Arguments Conclude, EWS Reservations in the Final Stretch
The Supreme Court heard the Union's defence of the EWS reservations and concluded hearing arguments in the Hijab Ban case
Hearing Reports
Hijab Ban Appeal #9: Karnataka Gov Recasts Hijab Ban as a Policy for Equality and Discipline
Justice Dhulia appeared confounded by Karnataka Gov's argument that the Hijab ban does not violate the right to dress.
Hearing Reports
Hijab Ban Appeal #8: Karnataka Gov Says Uniform Necessary for Unity
SG Tushar Mehta argued that visual emphasis on one's religion hampers discipline, order and unity in schools.
Hearing Reports
Hijab Ban Appeal #7: Dushyant Dave Discusses Constituent Assembly Debates on Article 25
Justice Hemant Gupta asked Mr. Dave how relevant the Debates are to interpreting the Constitution.
Analysis
Budgeting for Time: A Tale of Two Benches
DESK BRIEF: The EWS Reservation and Hijab Ban Benches employed different strategies to manage time and saw different results.
Channel
SCO Weekly: Budgeting for Time
The SC heard extensive arguments in the EWS Reservations and Hijab Ban cases this week. How did the Benches manage their time?
Hearing Reports
Hijab Ban Appeal #6: Court Engages With Intersectional Discrimination and Forced ‘Barter’ of Rights
While the Bench is in a hurry to conclude, the lawyers insist that a matter this important requires patient and detailed hearings.
Channel
SC Daily Update: Challenge to Reservations for Economically Weaker Citizens
Hearings in the challenge to reservation for economically backward citizens began. Key questions on the purpose of reservations were raised.
Channel
SC Daily Update: Gyanvapi Mosque Dispute, challenge to the Places of Worship Act, 1991 and Arguments in the Hijab Ban
The Varanasi District Court rejected the argument that the Places of Worship Act disallows any investigation in the places of worship.
Channel
Daily Update September 5th: Hijab Ban, Sanjay Mishra’s ED Tenure, Uniform Marriage and Succession
We discuss a possible 9-Judge Bench Reference in Hijab Ban, the effect of tenure extensions on special investigative bodies and the UCC.
Channel
Daily Update September 2nd: Teesta Setalvad Secures Interim Bail
The quick hearings and fast disposal of Setalvad's bail application indicates a shift in the SC's attitude.
Analysis
Teesta Setalvad’s Bail Application: Gujarat Government Faces Tough Questions
SG Tushar Mehta faced a volley of tough questions from the Bench. Tomorrow's hearing will decide whether Ms. Setalvad will secure bail.
Analysis
Constitution Benches Settle on Five Cases to be Heard in September
The cases involve questions of Reservations, Remission, Taxation and Service Rules.
Analysis
Constitution Bench Revival: Breaking Ground for Reform
DESK BRIEF: CJI U.U. Lalit’s short 2.5 month term may mark a turning point for the Court.
Analysis
CJI Ramana’s Notable Judgments
What was the impact of CJI Ramana’s Judgments on the Court, the law and the country?
Hearing Reports
PMLA Judgment Pronouncement: All Challenged Provisions Upheld
Analysis
The Money Laundering Judgment: Justice Khanwilkar’s Last Hurrah
Desk Brief: J Khanwilkar's closing act at the SC will be the Judgment on the powers of the Enforcement Directorate (ED) under the PMLA.
Hearing Reports
Rakesh Asthana Delhi Police Commissioner #1
Analysis
Back From Vacation: What Awaits the Supreme Court?
DESK BRIEF: The SC returns to full functioning after six weeks of summer vacation.
Analysis
Looking Ahead: The Court in July 2022
The Court is set to hear a slew of important cases in July 2022—will citizens be able to tune in?
Analysis
SCO Shorts: Shiv Sena’s Floor Test in Maharashtra
SC refuses to delay the impending Maharashtra floor test. Uddhav Thackarey promptly resigns as CM.
Analysis
SC Refuses to Stay Maharashtra Governor’s Call for Floor Test
MH Government argued that defection of rebel MLAs must be investigated before the floor test is conducted. MLAs argued two are unrelated.
Analysis
Justice L.N. Rao’s Notable Judgments: Reservations, Tribunals and COVID Relief
Justice Rao wrote Judgments on a wide range of subjects in his 6 year SC tenure, notably on reservations, tribunal reforms and COVID relief.
Analysis
FCRA Judgment: Assessing the Impact on NGOs
Which NGOs does the SC's April 2022 FCRA Judgment affect and how?
Analysis
Local Elections: SC Approves MP OBC Reservations Policy
Delayed local elections in Madhya Pradesh raised concerns at the SC about breakdown of democratic processes.
Analysis
Tracing Six Years of Justice L.N. Rao at the Supreme Court
Rao J is set to retire on June 7th, 2022, during the Supreme Court's summer vacation.
Hearing Reports
Constitutional Rights of OCIs #6
Analysis
COVID Coverage: Children in Street Situations, May 19th 2022
Maharashtra Government asks for Union government funding to build 20 new Child Protection Homes.
Analysis
10 Must-Reads on Sedition Law in India
SCO's list of must-reads captures all the facets of the sedition debate—and of ongoing litigation on sedition across Courts.
Analysis
Gyanvapi Mosque: SC Says Shiv Lingam To Be Protected Without Restricting Muslims’ Rights
Justices Chandrachud and Narasimha, both previously involved in the Ayodhya Title Dispute, strive for 'balance' in the Gyanvapi mosque case.
Analysis
Sedition: Court in Review
Section 124A of the Indian Penal Code,1860, is a colonial provision criminalising attempts to ‘excite disaffection’ towards the government.
Analysis
The Sedition Order: A Real Hope for Free Speech?
DESK BRIEF: The intended impact of the SC's relatively ambiguous Order remains unclear.
Analysis
Justice Vineet Saran’s Tenure in Numbers
With Justice Saran's term ending on May 10th, the SC enters a long season of judicial retirements. SCO reviews his tenure in numbers.
Analysis
SC Subverts Maharashtra’s Latest Attempt to Postpone Local Elections
With elections pending in nearly 2,500 local bodies, SC raps Maharashtra for abdicating its constitutional duty again.
Analysis
CJI Ramana Says Govt. Must Help Tackle Pendency
The Chief Justice of India was addressing Chief Ministers and Chief Justices on the challenges facing the Judiciary.
Analysis
COVID Coverage: Children in Protection Homes, April 25th 2022
The Bench directed all States to follow NCPCR’s suggestions for the identification and rescue of CISS until they framed local guidelines.
Hearing Reports
FCRA Amendment: Judgment Matrix
Channel
SCO Explains: Gig Workers’ Claim for Social Security
We discuss gig workers' claims for recognition as unorganised workers with Prof. Babu Mathew
Analysis
Welcome Back to the Supreme Court!
DESK BRIEF: For SC, are online hearings just a stopgap solution necessitated by COVID-19 or an innovation with widespread and long-term use?
Analysis
SCO Shorts: Tamil Nadu Vanniyar Reservations Judgment
Internal reservations for Vanniyars will be discontinued until the Tamil Nadu government finds reliable data to justify them.
Analysis
What the Rakesh Asthana Case Reveals About Police Reform in India
DESK BRIEF: The Asthana case is the tip of the iceberg of unimplemented police reforms in India.
Analysis
COVID Coverage: Children in Protection Homes, March 28th 2022
SC Directs States, UTs to Implement Policy For Children Living On Streets
Analysis
Rakesh Asthana Case Points to Unimplemented SC Directives on Police Reforms
Much-awaited hearings will unravel the Court’s stance on implementing its rulings on police reforms in India.
Analysis
Months From Retirement, Justice Khanwilkar Reserves Three Critical Judgments
Benches led by Khanwilkar J will deliver crucial judgments in the FCRA, Gujarat Riots and PMLA cases before he retires.
Channel
SCO Explains: Discussing Data in Reservation Policies with Dr. Anup Surendranath
We discuss the Supreme Court's demand for data in reservations policies and the implications of this demand with Dr. Anup Surendranath.
Channel
SCO Explains: Reservations in PG NEET Admissions (3/4)
We discuss the normative gaps in the Court's reservations jurisprudence in the context of PG NEET admissions with Dr. Anup
Analysis
Justice Akil Kureshi Retires Without Elevation to the Supreme Court
DESK BRIEF: Justice Akil Kureshi's retirement marks another chapter in India’s history of Executive interference in judicial appointments.
Analysis
Live Streaming: Justice Dramatised
Desk Brief: The question of allowing live streaming of Courts is redundant. We are left to figure out how to mitigate its potential damage.
Hearing Reports
Vanniyar Reservation Day #4: Bench Reserves Judgment
Analysis
COVID Coverage: Children in Protection Homes, February 21st 2022
On February 21st 2022, the SC directed all States and UTs to implement NCPCR's suggestions for the care of children in street situations.
Analysis
Court Goes Viral
At least two hundred thousand citizens have been tuning in daily to the Karnataka High Court’s live stream of the Hijab Ban hearings.
Analysis
SC Maintains Silence on Karnataka Hijab Ban
The Supreme Court has maintained silence over the Karnataka Government's Order banning hijabs in educational institutions
Analysis
SC On PMLA: A Fine Balance?
DESK BRIEF: Will the Court continue to maintain a minimum interference policy in special criminal laws with PMLA?
Analysis
Monthly Review: January 2022
The Court engaged extensively with data for reservations, the rights of money laundering suspects, and the limits of legislative privileges.
Analysis
Covid Coverage: Children in Protection Homes, January 24th 2022
The Court sought clarifications on whether the NALSA could pay honorarium to Remote Point Coordinators assisting child trafficking victims.
Hearing Reports
Judgment Summary: OBC Reservations in PG NEET 2021
Analysis
Week 4 at the SC (2022): The Reservation Battles Rage On
The SC issued two orders on reservation policies in PG medical entrance exams and municipal elections.
Analysis
SC Offers Hope for OBC Reservations in Maharashtra Municipal Elections
The Maharashtra government was directed to submit data justifying its OBC reservation policy to the State Commission for Backward Castes.
Analysis
Covid Coverage: Children in Protection Homes-17th January 2022
The Bench was concerned that a majority of State governments were yet to complete the first step of identifying street children.
Court Data
An SC Judge Authors an Average of 28 Judgments Per Year
This post discusses the yearly rate at which each of the 33 sitting judges of the Supreme Court author judgments.
Court Data
4 of the Next 7 CJIs Will Serve Shorter Than Average Tenures
We discuss the expected tenures of the next seven CJIs in this post.
Analysis
Looking Ahead 2022: SC on Press Freedom
The Supreme Court is likely to hear two important cases raising questions about press freedom in 2022.
Analysis
Looking Ahead 2022: SC on Special Investigative Bodies
In 2022, the Supreme Court will engage with three important cases that deal with the independence of special investigative bodies.
Analysis
Looking Ahead 2022: SC on Terror
The Court will hear arguments on two important challenges to the UAPA in 2022.
Analysis
Looking Ahead 2022: SC on Reservations
Data requirement to make reservation policies will continue to be an important issue at the Supreme Court in 2022.
Analysis
SC Judgment Review 2021: Legislative Competence
We discuss three judgments in which the Court defined the extent of the powers of Parliament and State Legislative Assemblies.
Court Data
Constitution Bench Pendency at the SC (2019-2021)
This post analyses changes in the pendency of matters before Constitution Benches of the Supreme Court from January 2019 to December 2021.
Court Data
50 Constitution Bench Matters Remain Pending Before the SC (2021)
We discuss the changes in pendency before Constitution Benches of the Supreme Court in 2021.
Court Data
Monthly Changes in Pendency at the Supreme Court (2021)
We discuss the rate of change in pendency in each month of 2021.
Analysis
No OBC Reservations in Maharashtra Municipal Elections Without Data
Khanwilkar J dismissed the Maharashtra Government's petition seeking the Union Government's 2011 Socio Economic and Caste Census data.
Analysis
The Week Ahead
Today the Supreme Court begins its last week of hearings for the year, before closing for a 2 week long winter vacation on December 20th.
Court Data
What is a Typical SC Judge’s Career Path?
Data reveales that High Court judges who were advocates hold more Supreme Court positions than those from the subordinate judiciary.
Court Data
Less than 45% of HC Judges are from the Subordinate Judiciary [2017-21]
43.6% of HC judges have been appointed from the subordinate judiciary and the remaining 56.4% were appointed directly from the Bar.
Analysis
Covid Coverage: Children in Protection Homes, November 15th 2021
The Court ordered all States and UTs to file reports on the status of children in street situations in two weeks.
Analysis
Union Directed to Issue Instructions for Reservation in Promotion for PWDs in Four Months
The Union argued that reservations in promotions for Persons with Disabilities shouldn't apply to promotions in all government services.
Analysis
Bhushan J’s Impact: The 50% Limit on Reservations, EWS and NEET
How will Bhushan J's Maratha Reservation opinion upholding the 50% limit on reservations impact ongoing cases?
Analysis
Caste Census and Bhushan J’s Push for Data
Bhushan J's Maratha judgment pushed the Union to collect contemporaneous data on caste in the country.
Analysis
State Governments Unhappy with NDMA Guidelines for Ex-Gratia Payments
The Union has sought another extension to come up with guidelines for ex-gratia payments for the families of those deceased due to COVID-19.
Analysis
Union Seeks Clarifications on Reservation in Promotion Ruling for Persons with Disabilities
On September 21st 2021, a three judge bench, heard the Union’s petition seeking clarifications on the Siddaraju judgment.
Analysis
Madras High Court Stays IT Rules
Various HCs are hearing challenges to the IT Rules, 2021. The Madras HC that the stay order passed by the Bombay HC would apply nationwide.
Analysis
Who Are the Nine Recommended SC Judges?
August 2021 saw two Supreme Court retirements accompanied by nine Collegium recommendations to the apex court.
Analysis
Bombay High Court: IT Rules Against Constitutional Ethos and Principles
The Bombay High Court observed that Rule 9 of the IT Rules was unconstitutional for placing restrictions on digital media content.
Analysis
Nariman’s Judgments Prioritised Equality Over Religion
Nariman J's freedom of religion judgements are likely to shape this field for years to come.
Analysis
Kerala High Court Stays IT Rules
The Kerala High Court has ordered that the Union cannot take coercive action against anyone for non-compliance with the IT Rules.
Analysis
IT Rules Challenges May Reach Supreme Court
The IT Rules, 2021 have been challenged in multiple High Courts - will these challenges be ultimately heard by the Supreme Court?
Court Data
On an Average, the Court Receives over 25,000 PILs a Year
Over nine lakh PILs were filed in the Supreme Court between 1985-2020. The data indicates that the rate at which PILs are filed is rising.
Analysis
J. Bhushan’s 11 Key Judgments on Reservation, Privacy, Religious Rights
Bhushan J's opinions have left an impact on reservation law, while he dealt with multiple COVID relief cases and Ayodhya disputes.
Analysis
Ex- Gratia Payment to COVID Affected Families – Supreme Court Directs NDMA to Draft Guidelines
The SC declared that it is mandatory for the NDMA to frame guidelines for ex-gratia payments to the families of those deceased due to COVID.
Analysis
COVID Coverage: Migrant Labourers June 29th 2021
Judgment and Directions of the Court to alleviate the situation of migrant labourers during the pandemic
Analysis
Feminist Discontentment and the Jurisprudence of Indirect Discrimination
In her book, Sheryl Sandberg suggests that companies are better when women have a seat at the decision-makers table.
Analysis
Identity and Evidence- An Intersectional Perspective
How does the law on caste- based oppression in India gain from intersectionality perspectives?
Analysis
Disability as a Social Barrier
The Court's Vikash Kumar judgment has its roots in the disability rights movement, which was highlighted in the documentary 'Crip Camp'.