Balu Nair

Balu Nair's Posts

Analysis

Petition inspired by Sabarimala – II

Yasmeen Zuber's petition for entry to mosques for Muslim Women diverges from Sabarimala in key areas.

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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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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4G restoration in J&K: 3 Must Reads

Three must-reads on the Supreme Court's judgment in Anuradha Bhasin

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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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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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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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.

Analysis

Nikah Halala and Personal Law Reform I

Constitutionality of polygamy and nikah halala challenged before the Supreme Court.

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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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Petition inspired by Sabarimala – I

After the Sabarimala judgment various petitions were filed demanding entry into mosques for Muslim women.

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.

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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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Brief History: Challenges to the UAPA

Tracing the history of the Unlawful Activities (Prevention) Act, 1967.

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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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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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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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The ‘Other’ RTI Exemptions

Certain requests for information under the RTI Act can be exempted from disclosure.

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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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100% Reservation for STs: 3 Must Reads

Court overrules decision of Andhra Pradesh High Court providing 100% reservation to teachers belonging to Scheduled Tribes.

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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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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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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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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Switching to Video

The Supreme Court has issued guidelines under Article 142 for implementing video conferencing and other measures

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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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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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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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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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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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Ret’d CJI Gogoi nominated to Rajya Sabha

The President has nominated former Chief Justice Gogoi to the Rajya Sabha

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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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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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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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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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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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#1: Ayodhya Title Dispute

Disputed title in Ayodhya case awarded to Shri Ram deity.

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#2: Sabarimala Review

Court to hear constitutional questions surrounding review of Sabarimala judgment.

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#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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#3: Assam’s NRC

Petition filed before Supreme Court challenging procedure followed by Foreign Tribunals.

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#5: Electoral Bonds

Supreme Court passes interim order directing all political parties to submit details of electoral bonds received.

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#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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#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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#9: Land Acquisition – Recusal

Request for recusal of Arun Mishra J refused in land acquisition case.

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Sabarimala Referral on Hold?

DESK BRIEF: A nine-judge bench hearing constitutional questions on religion faces challenges to its jurisdiction

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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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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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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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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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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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RTI Judgment: Confusions about Public Interest

Office of the Chief Justice opened up to Right to Information Act, 2005.

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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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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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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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Week 10 in Ayodhya

This week, the Ayodhya hearings saw fierce arguments from all parties.

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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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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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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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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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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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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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Week 7 in Ayodhya

The week witnessed Sr. Adv Dhavan, appearing for the Sunni Waqf Board, continue his arguments

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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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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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Subhash Kashinath Mahajan: Treading Cautiously

On September 17th 2019, the constitutional challenge was tagged with the review petition. Final arguments commence next week.

Analysis

Week 6 in Ayodhya

Week 6 saw Sr. Adv. Rajeev Dhavan and Sr. Adv. Jilani continued their arguments for the Sunni Waqf Board

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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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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.