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Balu Nair
Balu Nair's Posts
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Analysis
Petition inspired by Sabarimala – II
Yasmeen Zuber's petition for entry to mosques for Muslim Women diverges from Sabarimala in key areas.
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Analysis
Free Private Healthcare?
DESK BRIEF: A PIL contends that private hospitals shouldn't profit from COVID-19 treatment. Precedent suggests that it may succeed.
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Analysis
Maratha Reservation & Judicial Review II
The Court's power to review the legislative wisdom and findings of expert committees is limited
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Analysis
4G restoration in J&K: 3 Must Reads
Three must-reads on the Supreme Court's judgment in Anuradha Bhasin
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Analysis
CAA contradicts Assam Accord?
Unions in Assam fear that CAA poses a threat to Assamese identity and contend that it conflicts with Assam Accord, 1985.
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Analysis
Maratha Reservation & Judicial Review I
The Maratha Reservation case offers yet another opportunity for the Court to lay down the law relating to SEBC reservations
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Analysis
Nikah Halala and Personal Law Reform III
Sameena Begum's petition challenging customs like polygamy responds to arguments in the Constituent Assembly and the Supreme Court
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Analysis
Nikah Halala and Personal Law Reform II
Petitions filed before the Supreme Court challenging certain Muslim personal laws as contrary to the right to equality and dignity.
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Analysis
Nikah Halala and Personal Law Reform I
Constitutionality of polygamy and nikah halala challenged before the Supreme Court.
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Analysis
Sabarimala: Better late than never
DESK BRIEF: Over three months after its decision, the Supreme Court's nine-judge referral bench in Sabarimala publishes its reasons
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Analysis
Petition inspired by Sabarimala – I
After the Sabarimala judgment various petitions were filed demanding entry into mosques for Muslim women.
![](https://www.scobserver.in/wp-content/uploads/2021/11/Supreme-Court-Bench-2.jpg)
Analysis
Court to have single judge benches
The Supreme Court has announced that specific matters related to transfers of cases and bail will be heard by a single judge bench.
![Kashmir](https://www.scobserver.in/wp-content/uploads/2021/11/Kashmir-2.jpg)
Analysis
Judgment: 4G restoration in J&K
Court holds that the suspension of internet services cannot be indefinite and must be proportionate.
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Analysis
Brief History: Challenges to the UAPA
Tracing the history of the Unlawful Activities (Prevention) Act, 1967.
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Analysis
CAA: Drawing from Johar and Bano – II
The Indian Union Muslim League relied on recent decisions of the Supreme Court to challenge the Citizenship (Amendment) Act, 2019.
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Analysis
Non-COVID News
DESK BRIEF: COVID-19 has dominated the headlines. But unrelatedly, the Court has delivered two important fundamental rights judgments
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Analysis
CAA: Drawing from Johar and Bano – I
The Supreme Court has been hearing petitions against the CAA. Here are some of the major arguments made by the major petitioners.
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Analysis
The ‘Other’ RTI Exemptions
Certain requests for information under the RTI Act can be exempted from disclosure.
![](https://www.scobserver.in/wp-content/uploads/2021/12/SC-image-for-cases-for-twt-1268-x-664-px.jpg)
Analysis
Monthly Review: April 2020
In April, the Supreme Court decided to hear more types of matters and delivered judgments in cases about ST reservations, and NEET
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Analysis
100% Reservation for STs: 3 Must Reads
Court overrules decision of Andhra Pradesh High Court providing 100% reservation to teachers belonging to Scheduled Tribes.
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Analysis
Easing of Restrictions?
DESK BRIEF: In a gradual move towards re-opening, the Supreme Court announced it will begin to hear more types of matters.
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Analysis
Digitising Filings
DESK REPORT: Despite the E-Committee's efforts, most litigants still physically file submissions. COVID-19 could quicken e-filing adoption.
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Analysis
Video – Past, Present and Future
The Supreme Court's approval of video conferencing has become a necessity with COVID-19. Will it persist and be institutionalized?
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Analysis
Ripple Effect
DESK BRIEF: The COVID-19 outbreak is having a serious impact on high profile Supreme Court cases expected to be heard in March and April
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Analysis
Switching to Video
The Supreme Court has issued guidelines under Article 142 for implementing video conferencing and other measures
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Analysis
Court(s) in the time of Corona
DESK BRIEF: How does the Supreme Court's response to the pandemic stack up against other countries' apex courts?
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Analysis
Monthly Review: March 2020
In March, the COVID-19 outbreak had an extraordinary impact on all institutions, including the Supreme Court
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Analysis
Suo Motu: Court in the time of Corona
DESK BRIEF: The COVID-19 outbreak has limited the number of matters the Court hears, while proactively exercising its suo moto powers
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Analysis
Union (almost) bares its cards in CAA
DESK BRIEF: The Union of India files a response in the CAA case, claiming that the CAA is subjected only to limited (if any) judicial review
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Analysis
The Benchmark Precedent
DESK BRIEF: Bench led by Arun Mishra J applies doctrine of precedent to adjudicate matters related to land acquisition.
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Analysis
Ret’d CJI Gogoi nominated to Rajya Sabha
The President has nominated former Chief Justice Gogoi to the Rajya Sabha
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Analysis
What’s happened so far in 2020?
DESK BRIEF: In the first two months of 2020, the Supreme Court has prioritized the Sabarimala Review, which saw few substantive developments
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Analysis
RTI See-Saw
DESK BRIEF: On March 4th, a three-judge bench held that citizens could not file RTI requests to obtain copies of pleadings.
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Analysis
Article 370: Bench Rejects Reference
DESK BRIEF: The five-judge Article 370 bench has ruled out referring the case to a larger bench.
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Analysis
Criminal Politicians: Court revisits ‘Public Interest Foundation’
Court reminds political parties of their duty to comply with directions intended to publicise criminal antecedents of electoral candidates.
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Analysis
10 Cases that Shaped India in 2019
The primary themes in the ten most important cases that shaped India in 2019 seemed to revolve around democracy, citizenship and religion.
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Analysis
#2: Sabarimala Review
Court to hear constitutional questions surrounding review of Sabarimala judgment.
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Analysis
#4: Tribunals and the Finance Act
Petitions challenging Part XIV of the Finance Act, 2017 as violative of the basic structure of the Constitution.
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Analysis
#3: Assam’s NRC
Petition filed before Supreme Court challenging procedure followed by Foreign Tribunals.
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Analysis
#5: Electoral Bonds
Supreme Court passes interim order directing all political parties to submit details of electoral bonds received.
![](https://www.scobserver.in/wp-content/uploads/2021/10/content_Election_Commission_Image-Listing.jpg)
Analysis
#6: VVPAT
Petition before Supreme Court to direct the Election Commission of India to verify a higher number of VVPAT slips.
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Analysis
#7: RTI and Judicial Independence
Concerns that the right to information regarding collegium decisions and personal assets of judges may infringe upon judicial independence.
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Analysis
#9: Land Acquisition – Recusal
Request for recusal of Arun Mishra J refused in land acquisition case.
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Analysis
Sabarimala Referral on Hold?
DESK BRIEF: A nine-judge bench hearing constitutional questions on religion faces challenges to its jurisdiction
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Analysis
Article 370 to be heard by a larger bench?
DESK BRIEF: A Constitution Bench of the Supreme Court has reserved order on whether the Article 370 case will be referred to a larger bench
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Analysis
Winter Session Picks Up Pace
DESK BRIEF: The Supreme Court is hearing important constitutional questions at full swing since reopening after the winter vacation
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Analysis
Sabarimala Referral to continue for ‘reasons to follow’
DESK BRIEF: A nine-judge Referral Bench has ruled that the Court can refer questions to a larger bench in a review petition.
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Analysis
Sabarimala: Referral to begin on Monday
DESK BRIEF: A nine-judge bench of the Supreme Court will begin hearing fundamental constitutional questions on religion on Monday
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Analysis
Challenges before the new CJI
DESK BRIEF: Chief Justice Bobde faces the resolution of a large number of important issues before his retirement in April 2021
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Analysis
RTI Judgment: Confusions about Public Interest
Office of the Chief Justice opened up to Right to Information Act, 2005.
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Analysis
Curbing Free Speech
DESK BRIEF: The issues in the Azam Khan case are central to the fundamental rights to free speech, life, and personal liberty.
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Analysis
Final Resolution?
DESK BRIEF: The end of Chief Justice Gogoi's term has produced five key judgments. Did they resolve their underlying disputes?
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Analysis
Ayodhya Judgment: Opening the Floodgates?
DESK BRIEF: Only time will tell if the expansive reliefs in the Ayodhya case have opened up a floodgate of similar litigation.
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Analysis
Of Land Acquisitions and Judicial Propriety
DESK BRIEF: The outcome of the hearings has implications beyond the issue of recusal or the interpretation of the Land Acquisition Act.
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Analysis
Dussehra Recap
DESK BRIEF: The last 6 weeks saw arguments in the Ayodhya title dispute, Article 370, and the legality of the SC/ST Act Amendment
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Analysis
Monthly Review: September 2019
In the month of September the Supreme Court heard multiple important matters including the Aadhar case and the Ayodhya title dispute.
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Analysis
Subhash Kashinath Mahajan – Court Recalls its Order
DESK BRIEF: The order had imposed restrictions on the police's power to register FIRs and make arrests for offenses under the SC/ST Act.
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Analysis
Permanent Constitution Benches: Structural Reform of the Supreme Court
Permanent five-judge Constitution Bench to be constituted to hear all constitutional matters.
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Analysis
Indian Crypto-Wars: Teetering on the Brink?
DESK BRIEF: The Court has so far adopted a policy of non-intervention and refused to issue any substantive orders
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Analysis
Week 7 in Ayodhya
The week witnessed Sr. Adv Dhavan, appearing for the Sunni Waqf Board, continue his arguments
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Analysis
Appellate or Constitutional Court?
As hearings in the Ayodhya dispute enter the final stretch, the Supreme Court’s role as a conventional appellate court will be tested
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Analysis
Four new judges appointed to the Supreme Court
President confirms appointment of four new judges upon recommendation of the Supreme Court collegium.
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Analysis
Subhash Kashinath Mahajan: Treading Cautiously
On September 17th 2019, the constitutional challenge was tagged with the review petition. Final arguments commence next week.
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Analysis
Week 6 in Ayodhya
Week 6 saw Sr. Adv. Rajeev Dhavan and Sr. Adv. Jilani continued their arguments for the Sunni Waqf Board
![](https://www.scobserver.in/wp-content/uploads/2021/12/SC-image-for-cases-for-twt-1268-x-664-px.jpg)
Analysis
Justice Kureshi Transfer Reconsidered
The Justice Kureshi process highlights the need to settle the new Memorandum of Procedure for Appointment and Transfer
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Analysis
Gogoi’s Last Hurrah
DESK BRIEF: In his final week before he retires on November 17th, Chief Justice Gogoi will deliver some of his most pivotal judgments.