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?

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.

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.

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.

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'.