Gauri Kashyap
Gauri is an associate editor at the Supreme Court Observer.
Gauri Kashyap's Posts
Court Data
Supreme Court Review 2024: Suo moto cases at an all-time high
The last five years account for over half of the 66 cases the Court has taken up suo moto in the last 20 years
Court Data
Pendency in the Chandrachud Court: A report card
Pendency of registered cases in the Supreme Court dropped by 3588 during Chief Justice D.Y. Chandrachud’s tenure
Hearing Reports
Social Security for Gig Workers | Day 1: “Last chance” for the Union to file their reply
The Court sternly reminded the Union to file replies on time and scheduled the case to be heard in January next year
Hearing Reports
Regulating Industrial Alcohol | Judgement Matrix
SCO’s Matrix breaks down the 364-page verdict where the top court upheld states’ power to regulate industrial alcohol
Hearing Reports
Separate Licence for Light Motor Vehicles and Transport Vehicles | Judgement Pronouncement
In a relief to thousands of gig workers, a five-judge Bench allows light motor vehicle licence holders to legally drive transport vehicles
Analysis
Supreme Court to decide if an LMV licence holder can drive a ‘Transport Vehicle’
The outcome will likely impact the livelihoods of gig workers who use their LMV licence to transport people and things
Analysis
Whose power is it anyway?
Justice Nagarathna’s dissents in two recent Constitution Bench matters may suggest that achieving ‘federal balance’ is a delicate thing
Hearing Reports
Regulating Industrial Alcohol | Judgement Summary
A summary of the Supreme Court’s 364-page judgement where, in an 8:1 majority, it upheld states’ power to regulate industrial alcohol
Hearing Reports
Regulating Industrial Alcohol | Judgement Pronouncement: Supreme Court upholds states’ regulatory power under Entry 8 of State List
Justice Nagarathna dissented, holding that the supremacy of the Union government in controlling industrial alcohol is evident in the law
Analysis
Supreme Court to decide states’ power to regulate industrial alcohol
The judgement is expected to settle the turf war between Union and states, with implications on revenue and public health regulation
Analysis
Baarish, Benches and Bail
The Court’s Monsoon Session saw reduced Constitution Bench activity, bail orders for opposition leaders and suo moto cases
Channel
Two years of live streaming at the Supreme Court
As the SC has started livestreaming Division Bench cases, the lines between public interest and institutional posturing have become blurrier
Channel
Supreme Court’s landmark POCSO judgement
We explain the SC's landmark POCSO judgement stating that viewing material depicting minors engaged in sexual activity is an offence
Analysis
Trending: #SupremeCourt
Two years after the top court began livestreaming hearings, concerns about institutional posturing and performative justice remain relevant
75 Years of the Supreme Court
Gender Diversity at the Supreme Court of India
75 Years after the establishment of the Supreme Court, the institution has seen just 11 women judges in its corridors.
Analysis
And then there were two
75 years and 276 judges later, the number of women at the top court remains a shocking low of 4 percent
Court Data
Representation of women judges in High Courts has improved only by 3 percent in three years | August 2024
While the P&H High Court tops the list in absolute numbers, data indicates that improvement in gender representation is largely inadequate
Analysis
The Supreme Court at 75: Stories new and old
This Independence Day weekend, dip into a series tracing the embattled origins, testy adolescence and fraught adulthood of the top court
Analysis
Supreme Court says Sisodia deprived of right to speedy trial; grants bail
The Court took note of the 69,000 pages of evidence and 493 witnesses yet to be examined, and the inordinate delay in beginning trial
Analysis
Supreme Court “pained” by High Court Judge’s “random, gratuitous and unnecessary” remarks
A five-judge special bench expunged the observations made against the top court by Justice Sehrawat of the Punjab and Haryana High Court
Analysis
Supreme Court’s week-long Special Lok Adalat begins
Supreme Court sets up Special Lok Adalat to hear and clear cases with “elements of settlement,” commemorating its 75th anniversary
Channel
The Supreme Court returns from summer vacation (2024)
After a first half of the year heavy with Constitution Bench activity, a rested court returns after a seven-week break. What can we expect?
Analysis
The Supreme Court returns
After heavy Constitution Bench activity in the first half of 2024, a rested court returns from a seven-week vacation. What can we expect?
Analysis
Won’t repeat High Court’s mistake, if any, Supreme Court says in Arvind Kejriwal’s Bail plea
The Supreme Court heard a challenge to the Delhi High Court’s interim stay on Arvind Kejriwal’s bail order by the trial court
Analysis
The Court in Numbers
Quantitative analysis often reveals what is obscured by commentary and easily held opinions. Read on to know more about our work with data.
Channel
The Supreme Court’s Election Duty
The election season saw the top court in the hot seat as it dealt with multiple petitions demanding its active involvement during elections
Hearing Reports
Regulating Industrial Alcohol: Arguments Matrix
In April 2024, a nine-judge Bench heard arguments on whether the Union or state governments had the power to regulate industrial alcohol
Court Data
April 2024: Largest increase in pendency numbers so far this year
Fewer working days and two nine-judge benches in April meant that the Court closed the last full working month with a high pendency
Analysis
The Supreme Court’s election duty
Landmark decisions, frivolous petitions, review requests—the top court sees it all during election season
Analysis
A complete timeline of the Electoral Bond Scheme
A comprehensive timeline of one of the biggest cases on political funding that preceded the 2024 Lok Sabha Election
Channel
State Governments’ Power to Regulate Industrial Alcohol
In April 2024, the top Court heard 6 days of arguments on states and the Union government's power to regulate Industrial Alcohol
Hearing Reports
Regulating Industrial Alcohol | Day 6: Judgement Reserved
In the rejoinder arguments, Uttar Pradesh contended that dual polity was a part of the basic structure, & Union could not usurp State power
Analysis
The making and unmaking of the Electoral Bond Scheme: Part 2
Several elections came and went before the top Court heard the case on merits. Yet, petitioners believe their eventual victory is not hollow
Hearing Reports
Regulating Industrial Alcohol | Day 5: Union must exercise complete control over industries to protect national interests
Mehta argued that the Union was governing through forbearance, this does not mean that the field of regulation is not occupied
Court Data
80,194 cases remain pending at the Supreme Court at the end of March 2024
In a month where the Court worked for just 15 days, pendency increased by over 400 cases
Hearing Reports
Separate Licence for Transport Vehicles | Day 6: Union Submits a note on the proposed amendments to the Motor Vehicles Act
The Court will hear the case again at the end of July, after the 2024 General Elections, once the new Parliament assembles
Analysis
The making and unmaking of the Electoral Bond Scheme: Part 1
The Supreme Court’s judgement has validated the concerns expressed by various stakeholders during the planning stage of the Scheme.
Hearing Reports
Regulating Industrial Alcohol | Day 4: Constitution framers intended for Union to control industries, Solicitor General argues
Tushar Mehta argued that the Court had previously not considered Constituent Assembly Debates and the history of the Seventh Schedule
Hearing Reports
Regulating Industrial Alcohol | Day 3: Union’s power to regulate alcohol at a higher pedestal than states’ powers, Attorney General argues
State governments stood firm that industrial alcohol fell within the scope of Entry 8 of the State List
Hearing Reports
Regulating Industrial Alcohol | Day 2: States’ power extends to any liquid with alcohol, not just alcoholic beverages, appellants argue
Uttar Pradesh argued that taking away states’ power to regulate alcohol will shrink their revenue that is crucial in a post-GST economy
Hearing Reports
Regulating Industrial Alcohol | Day 1: Federal structure can’t be nullified by reducing states’ powers, Uttar Pradesh argues
State of U.P. argued that as per the seventh schedule, regulation of industrial alcohol falls squarely within the states’ purview
Court Data
Pendency of cases in the Supreme Court dropped by over 700 cases in February 2024
Pendency continues to have a healthy drop in 2024, though the week-long Holi break of March might slow down the developments of February
Hearing Reports
Tamil Nadu Governor R.N. Ravi agrees to re-induct K. Ponmudy as Minister
The Attorney General stated that the Governor did not have the intent to disregard the Court’s decision suspending K. Ponmudy’s conviction
Hearing Reports
Tamil Nadu Governor’s refusal to re-induct Ponmudy’s position a “virtual breach of the Constitution,” says Supreme Court
The Supreme Court stated that once it stayed the conviction of DMK leader K. Ponmudy, the Governor had no power to deem it “nonexistent”
Hearing Reports
Electoral Bonds | Supreme Court Orders complete disclosure of transaction details from SBI
In a disruptive hearing, the Court asked SBI to submit an affidavit claiming full disclosure and brushed aside counsel for seeking publicity
Hearing Reports
Electoral Bonds | Supreme Court takes note of missing information in data submitted by State Bank of India
The Election Commission to publish the contents of the sealed cover by 17 March, after the Court scans and digitises its contents.
Court Data
Judges currently at the Supreme Court will serve an average tenure of 5.3 years
Half of the current Supreme Court judges will serve less than the average tenure of the judges in their cohort
Hearing Reports
Electoral Bonds Contempt Petition | Court directs SBI to comply with its judgement in one day, warns against contempt proceedings on failure
SBI to disclose all donor and donee details by the end of 12 March. ECI to make this public by 15 March 2024. No contempt at this stage.
Analysis
Proportionality: Tried and Tested
In ruling that the Electoral Bond Scheme is invalid, the Court applied the double proportionality test to balance between fundamental rights
Hearing Reports
Electoral Bonds Constitution Bench | Judgement Summary
Constitution Bench of the Supreme Court unanimously struck down the 2018 Electoral Bonds Scheme for violating a voter’s right to information
Hearing Reports
Electoral Bonds Constitution Bench | Judgement Pronouncement
Supreme Court holds Electoral Bonds Scheme to be unconstitutional; directs SBI to submit Bond-related information to the ECI in three weeks
Hearing Reports
Tripura UAPA Charges | Day 2: Petitioners argue gross misuse of UAPA to suppress reports on Tripura violence
The Tripura government argued that the case must first be heard in the High Court. Petitioner counsel to seek instructions.
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
Analysis
“The Supreme Court is watching” CJI warns Presiding Officer allegedly caught vote tampering in Chandigarh mayoral elections
CJI Chandrachud directed all records related to the Chandigarh mayoral election to be submitted for scrutiny
Court Data
80,221 cases pending in the Supreme Court in January 2024
The SC maintained its steady disposal rate January 2024, leading to a reduction in pendency numbers from December 2023
Analysis
“National political parties haven’t appointed information officers despite being subject to RTI law”: Anjali Bhardwaj, Amrita Johri
In a wide-ranging interview, the transparency activists also spoke about how the Electoral Bond Scheme compromises the right to information
Analysis
Supreme Court Review 2023: Religion and Culture
The Court’s performance this year was more defined by what it didn’t do than what it did—no hearing for the Hijab Ban and Sabarimala cases
Analysis
Looking Ahead…
….to what could move and shake the top court in 2024. Plus, a round-up of our year-end coverage
Channel
Top 10 Judgements of the Supreme Court in 2023
2023 was an action-packed year for the Supreme Court. Here’s SCO’s review of the Top 10 judgements from 2023 and their fallout.
Court Data
Supreme Court makes a dent in pendency in 2023 despite closing with 80,439 open cases
The pendency number seems alarming but it needs to be viewed in the context of past figures, improved access and a change in counting method
Analysis
Though 80,346 cases remain pending in the top court, hope persists
The Supreme Court disposed of a record number of cases in 2023. Will it be enough to tackle the growing pile of pendency?
Channel
“An unequal playing field will not disappear once we have transparency”: Dr. Udit Bhatia on the Electoral Bonds Scheme
Bhatia argues that the democratic dividends of transparency are going to be lost if parties continue having disproportionate campaign power
Channel
Challenge to the Abrogation of Article 370 | Judgement Explainer
On 11 December 2023, the Supreme Court upheld the Union's abrogation of Article 370. Our explainer covers the key issues and what was held
Hearing Reports
Challenge to the Abrogation of Article 370 | Judgement Matrix
SCO’s judgement matrix breaks down the 476-page judgement which upheld the abrogation of Article 370
Hearing Reports
Abrogation of Article 370 | Judgement Summary
A five-judge Bench of the Supreme Court unanimously upheld the abrogation Article 370 which gave Jammu and Kashmir’s special status
Analysis
Sovereignty and autonomy: What will next week bring for Kashmir?
Before the Supreme Court has the last word on J&K’s special status, a reminder of what is at stake
Channel
“Government officials should be made accountable if they resort to frivolous litigation”: Senior Advocate C.S. Vaidyanathan
Senior Advocate C.S. Vaidyanthan spoke about access to justice, accountability of government officials, SLPs at the Supreme Court and more.
Channel
“To maintain the independency of judiciary, it is better that we have a collegium”: Justice Sapana Malla
Justice Malla, Judge, Supreme Court of Nepal, discussed diversity, PILs, executive interference in the appointments of judges and more.
Channel
Everyone has a political view, but a Judge learns to shed it in Court, says Justice S.K. Kaul
In conversation with SCO, Justice S.K. Kaul spoke about mediation as the hope for better access to justice and diversity in Indian Courts
Hearing Reports
Kerala Governor’s Withholding of Bills | Day 2: Governance of Kerala is suffering, Court must step in strongly, K.K. Venugopal argues
Petitioners asked the Court to issue a set of guidelines on the contours of the power of the Governor to assent to bills under Article 200.
Analysis
“Judiciary of Sri Lanka has maintained independence, personalities haven’t mattered”: Justice Arjuna Obeyesekere
SCO spoke to the Sri Lankan Supreme Court judge about arbitration, judicial independence, and law’s influence on society
Hearing Reports
Separate Licence for Transport Vehicles | Day 5: Union to submit complete road map for amendment to Motor Vehicles Act by January 2024
The Supreme Court refused to give an open-ended adjournment in the case, and urged the Union to review amendments to the MVA expeditiously
Analysis
Supreme Court asks why the TN Governor needs the Court’s intervention to pass bills per Article 200
The top Court heard challenges to the Kerala and Tamil Nadu Governors’ withholding of Bills passed twice by the state legislative assemblies
Channel
Challenge to the Electoral Bonds Scheme | Day 2
On Day 2, Solicitor General Tushar Mehta argued that the Electoral Bond Scheme ensures confidentiality and not anonymity
Channel
Challenge to the Electoral Bonds Scheme | Day 1
On Day 1, petitioners argued that anonymous corporate funding decimates a representative democracy
Analysis
Privacy versus transparency: the electoral bonds story
DESK BRIEF: The choice between donor confidentiality and voter’s right to information will be crucial as we head towards the 2024 elections
Hearing Reports
Electoral Bonds Constitution Bench | Day 3: EB Scheme protects donors’ right to privacy, Union argues
Petitioners in the challenge to electoral bonds scheme argued that donors' privacy was an individual right, and is not awarded to companies.
Hearing Reports
Electoral Bonds Constitution Bench | Day 2: EB Scheme ensures confidentiality, not anonymity, Solicitor General argues
The Bench stated that while the importance of confidentiality of donor was clear, the scheme only facilitated “selective confidentiality”
Hearing Reports
Electoral Bonds Constitution Bench | Day 1: Anonymous corporate funding decimates a representative democracy
Petitioners argued that the electoral bonds scheme allowed an increase in corporate funding, black money circulation and corruption.
Analysis
Electoral bonds and democracy: What’s at stake?
Are electoral bonds the future of transparent elections, as the Union government claims, or the instrument of its demise?
Channel
SCO Explains: A Chief Justice in the minority: Why does this matter?
15% of dissents by a Chief Justice in a Constitution Bench were in the last two years alone. What does this mean?
Channel
SCO Explains: The plea for marriage equality judgement
A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?
Analysis
The Chief in the minority: Why does this matter?
DESK BRIEF: Since 1950, a Chief Justice has dissented all of 13 times in a Constitution Bench case
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
Analysis
“Averse” to stilling heart of a viable foetus: Supreme Court rejects plea for termination of 26-week pregnancy
The Chief's 3-judge bench held that with no danger to mother and no foetal abnormalities, termination cannot be permitted beyond 24 weeks
Analysis
How can we believe the prescription, Supreme Court asks petitioner seeking termination of 26-week pregnancy
The Supreme Court directed AIIMS to conduct an independent investigation into whether the petitioner was suffering from postpartum psychosis
Analysis
Consistent on woman’s autonomy, but cannot ignore rights of the child, SC says in abortion plea
After a split verdict on aborting a 26-week pregnancy, CJI told lawyers to counsel the petitioner to continue the pregnancy for 8 more weeks
Hearing Reports
Separate Licence for Transport Vehicles | Day 4: Legality is a “small thing”, social impact is bigger, says CJI
The SC instructs Union to assess the impact of the current transport vehicle licence regime on road safety and livelihood of gig workers.
Analysis
Constitutional remedies only for those who will bend the knee?
DESK BRIEF: The Supreme Court demanded a person seeking protection under Article 32 to prove their allegiance to India in an affidavit.
Channel
Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 16
The SC reserved judgement after hearing arguments from 40 counsel
Channel
Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 15
“If 370 is beyond the reach of amendment, is it above basic structure?” Court asks Petitioners
Channel
Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 14
Respondents argued that the legitimacy of J&K Constitution came directly from the Indian Constitution
Hearing Reports
Abrogation of Article 370 | Day 16: SC reserves judgement after hearing arguments from 40 counsel
The final day of arguments began with tempers running high over lead petitioner’s Mohammad Lone’s affidavit and his “allegiance” to India
Hearing Reports
Abrogation of Article 370 | Day 15: “If 370 is beyond the reach of amendment, is it above basic structure?” Court asks Petitioners
After submissions by 18 advocates in support of the abrogation of Article 370, Senior Advocate Kapil Sibal began rejoinder arguments.
Hearing Reports
Abrogation of Article 370 | Day 14: Legitimacy of J&K Constitution came directly from the Indian Constitution, respondents argue
Senior Advocate Dwivedi contended that the recommendation of the J&K Constituent Assembly was never meant to be binding on the President
Channel
Supreme Court Hears Challenge to the Abrogation of Article 370 | Day 13
Respondents argued that there is no limit on President’s power to pull plug on special status of J&K
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.
Hearing Reports
Abrogation of Article 370 | Day 13: No limit on President’s power to pull plug on special status of J&K, respondents argue
Solicitor General Tushar Mehta informed the Court that the Union couldn’t commit to a date for restoring statehood for J&K
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.
Hearing Reports
Abrogation of Article 370 | Day 12: J&K has seen rapid development since it was made a Union Territory
Union argues that the President had untrammelled power to repeal Art. 370 as part of larger goal of national integration.
Hearing Reports
Abrogation of Article 370 | Day 11: Removing Art. 370 Was Union’s Way to Rectify the Mistakes of the Past
Solicitor General Tushar Mehta argues that people of J&K were wrongly convinced that Article 370 was a boon.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 10
The Constitution Bench heard the Unions opening arguments in support of the abrogation of Article 370.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 8, 9
On Days 8 and 9, 12 counsels appearing for the petitioners in the challenge to Article 370 argued before the Supreme Court.
Hearing Reports
Abrogation of Article 370 | Day 10: Constitution of J&K is merely an Act providing for internal governance of the state, argues Solicitor General
The Union advanced the view that Article 370 promoted a “psychological duality” that was being taken advantage of by forces against India.
Hearing Reports
Abrogation of Article 370 | Day 9: What makes the relationship between India and J&K binding, asks CJI
Petitioners conclude arguments; counsel dig deep into constitutional history to argue against revocation.
Hearing Reports
Abrogation of Article 370 | Day 8: On reorganisation of J&K, misuse of President’s Rule and protection of minorities
Article 370 represented a constitutional promise to protect a religious minority, argues P.C. Sen.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 7
Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.
Hearing Reports
Abrogation of Article 370 | Day 7: Reorganisation of J&K into Union Territories is contrary to federalism, argue Petitioners
Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 6
Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.
Hearing Reports
Abrogation of Article 370 | Day 6: Power of the President under Article 356 is not absolute, argues Dhavan
Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 5
Senior Advocate Zaffar Ahmad Shah contended that the autonomy of J&K was decimated by the abrogation of Article 370.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 4
Sr. Adv. Gopal Subramanium argued that Article 370 could only be repealed with the concurrence of the J&K Constituent Assembly.
Hearing Reports
Abrogation of Article 370 | Day 5: Union Had No Authority to Dismantle Autonomy of J&K
By applying select parts of the Indian Constitution to itself, J&K showed that they retained autonomy under Art. 370 even after accession.
Hearing Reports
Abrogation of Article 370 | Day 4: J&K Constituent Assembly made Art. 370 Permanent in the State’s Constitution
Sr. Adv. Gopal Subramanium argued Art. 370 is a manifestation of the federal structure envisaged for J&K.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 3
Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.
Hearing Reports
Abrogation of Article 370 | Day 3: Executive Decisions Cannot Permanently Alter the Constitution
Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.
Analysis
Rahul Gandhi’s Criminal Defamation Conviction and Sentencing Unjustified, says Supreme Court
The Bench held that the two-year jail term awarded to Rahul Gandhi for his Modi remark was excessive and devoid of reason.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 2
Senior Advocate Kapil Sibal argued that there was no constitutional mechanism to abrogate Article 370.
Channel
Supreme Court Hears Challenge to Abrogation of Article 370 | Day 1
Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.
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.
Hearing Reports
Abrogation of Article 370 | Day 1: Art. 370 a Permanent Feature of the Constitution
Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.
Channel
Supreme Court to Hear Challenges to the Abrogation of Article 370 after 4-year Delay
As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.
Analysis
Supreme Court to Hear Challenges to the Abrogation of Article 370 after 4-year Delay
DESK BRIEF: As the Supreme Court answers large constitutional questions, the will of the people of Jammu and Kashmir hangs in the balance.
Analysis
War Over Control of Delhi Resumes, Supreme Court Refers Case to 5-Judge Bench
The Supreme Court will decide if Parliament has the power to make laws for Delhi that effectively amend the Constitution under Art. 239AA.
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
Licences for Transport Vehicles | Day 2: Passengers in Danger if all are Allowed to Drive Transport Vehicles
Seven advocates argued against allowing standard licence holders to drive transport vehicles, raising concerns of road safety.
Hearing Reports
Separate Licences for Transport Vehicles | Day 1: Petitioners Argue that LMVs and Transport Vehicles are Distinct
Sr. Adv. Siddharth Dave argued that the MVA creates a distinction between Light Motor Vehicles and Transport Vehicles.
Hearing Reports
Challenge to Delhi Service Ordinance | Day 2: Supreme Court Considers Constitution Bench Reference
Bench noted that the scope of Art. 239AA is unclear, and may require a larger bench. Delhi to argue against reference next week.
Analysis
Supreme Court Upholds Union Power to Control CBI, ED Directors’ Tenure
DESK BRIEF: Two weeks into the monsoon session of the Supreme Court, we saw active Constitution Benches, and few critical judgements.
Hearing Reports
Tenure Extension to CBI and ED Directors: Judgement Pronouncement
The SC upheld the Amendments allowing the Union to extend the tenure of CBI and ED Directors. Mr. S.K Mishra’s tenure to end on July 31st.
Analysis
Has the Supreme Court Collegium’s Focus Shifted to Diversity and Inclusion?
DESK BRIEF: Recent Collegium recommendations show a renewed attention towards ensuring regional and gender diversity in Indian courts.
Analysis
The SC Returns: What Can We Expect from the Top Court?
DESK BRIEF: The Supreme Court is all set to reopen on Monday, and has key judgements, and important hearings on its docket.
Court Data
4% of Supreme Court Judges of All Time are Women
In the 50s, 60s, 70s, and most of the 80s, the Supreme Court had no women Judges. Since 1989, it has had 11.
Court Data
9 out of 25 High Courts are Not Represented at the SC
Regional diversity is one of the factors the Collegium considers in recommending judges to the Supreme Court.
Analysis
Framers of the Constitution on Retirement Age of SC Judges
In setting the age of retirement for Supreme Court Judges, the Constituent assembly considered Judicial independence, ability and expertise.
Court Data
Sitting Judges of the Supreme Court Serve an Average 5.4 Year Tenure
Nearly half the sitting Judges of the SC will serve less than the average tenure.
Channel
Long SC Vacations: Wasteful or Crucial for Quality of Justice?
With 68,000+ cases pending at the SC, many criticise it for its 6-7 week summer vacation. This break, however, might be crucial for its work
Channel
Supreme Court Cases on the rights of LGBTQIA+ Persons
We trace the evolution of the rights for Queer persons across 4 landmark judgments, and a 5th pending case before the SC.
Analysis
Long SC Vacations: Wasteful or Crucial for Quality of Justice?
With 68,000+ cases pending at the SC, many criticise it for its 6-7 week summer vacation. This break, however, might be crucial for its work
Channel
279th Law Commission Report Recommends Stricter Sedition Laws
SCO Explains the 279th Law Commission report which recommends increased punishment and wider application of sedition law.
Analysis
Stronger Suppression of ‘Dangerous’ Speech a Must, Says Law Commission
DESK BRIEF: In its 279th Report, the Law Commission recommended broadening the scope of sedition and increasing quantum of punishment.
Channel
In Just 5 Months, SC conducted 55 CB Hearings
The SC has conducted a remarkable 55 Constitution Bench hearings in just 5 months. Why does this matter? SCO investigates.
Channel
SCO Explains: Summer Session Review
With the SC on summer vacation, its time to recap all the key developments at the top Court so far.
Analysis
Interview: Mr. Alok Hisarwala Gupta on Jallikattu and Animal Rights
Animal rights activist Mr. Alok Hisarwala Gupta discusses the SC verdict which upheld Jallikattu, and its impact on the rights of animals.
Channel
Union Ordinance Contradicts SC Judgement granting Delhi Government Power Over NCT Delhi
SCO breaksdown the Unions Ordinance that defies the SC's decision.
Channel
Shiv Sena Rift and the SC’s Constitution Bench Judgement
SCO Explains the rift within the Shiv Sena. We then discuss the 5-Judge Bench decision that marks an important chapter in anti-defection law
Channel
SCO Daily: Supreme Court Upholds Jallikattu in Tamil Nadu
The Supreme Court held that Jallikattu and bullock-cart racing were protected as cultural practices under Article 29 of the Constitution.
Analysis
Collegium Recommends 2 New Judges to the SC
SC Collegium recommends Justice Prashant Kumar Mishra, Chief Justice, Andhra Pradesh HC and Senior Advocate Mr. K.V. Viswanathan to the SC.
Channel
SCO Daily: Validity of tenure extension of CBI and ED Directors
The Supreme Court has reserved Judgement in the case to decide if the Union should hold the power to extend CBI & ED Director tenures.
Analysis
Justice Dinesh Maheshwari’s Notable Judgements
Dinesh Maheshwari J authored 110 Judgements in his 4-year tenure at the Supreme Court, and was on the Bench for the leading cases of 2022.
Hearing Reports
Judgement Summary: Maharashtra Political Crisis
The SC referred Nabam Rebia (2016) to a larger Bench, and held appointment of party leader and chief whip to be illegal.
Hearing Reports
Judgement Matrix: Maharashtra Political Crisis
SCO breaks down the Judgement in the Maharashtra political crisis case in a simple matrix format.
Analysis
Countdown to Vacation: What does the SC Have on its Docket?
DESK BRIEF: SCO lists key cases the SC is expected to hear over two weeks as its before its 40 day vacation this month.
Hearing Reports
CBI/ED Tenure Extension Day #4: SC Reserves Judgement
The Union argued that it was compliant with the 2021 Common Cause Judgement in amending the CVC and DSPE Acts.
Analysis
Parties in Marriage Equality Challenge to Discuss Possible Solutions
All parties in the case will meet this weekend to explore administrative changes outside of the right to marry.
Hearing Reports
CBI/ED Tenure Extension Day #3: Union Argues Extension Devoid of Government Influence
The Solicitor General argued that appointments were made by an independent body, and that money laundering cases needed flexibility in law.
Analysis
‘Irreparable Injury’ from Interim Orders of the Supreme Court
Interim Orders protect the interests of all parties while a case is pending. In some cases, the SC struggles to maintain that balance.
Analysis
In Four Resolutions, SC Collegium Strikes Back at Union Government
The SC Collegium reiterated five names, highlighted delays caused by the Union, and gave insight into Union’s Considerations in appointments
Analysis
2022 Supreme Court Review: Reservations
Judgments on various reservation policies this year provided little clarity on what this affirmative action measure is meant to accomplish.
Court Data
Are People Filing Fewer Cases at the SC Since COVID?
The number of cases filed at the SC in 2022 has begun to return to pre-pandemic numbers, as SC’s measures to provide access take root.
Hearing Reports
ECI Appointments: Arguments Matrix
Breaking down four days of arguments on whether the present appointment process for Election Commission members is unconstitutional.
Analysis
Supreme Court Asks Centre To Reply On Recognising Same Sex Marriage
Two gay couples argue that they are deprived of many rights since same sex marriage is not recognised in India
Analysis
SCO Shorts: Challenge to Appointments in the Election Commission of India
A 5-Judge Bench is deciding whether the appointment process in the ECI is unconstitutional and must be reformed.
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?
Hearing Reports
Freebies in Elections Day #6: CJI Reiterates 3-Judge Bench Reference
Petitioners sought the Bench to form a committee to propose a standard election manifesto format to be followed by all political parties.
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.
Analysis
Buried in Words: Supreme Court Struggles with Long Submissions
To be an efficient Constitutional Court, SC must devise a way to cut down length of submissions.
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.
Channel
SCO Daily: Hijab Ban Split Verdict Bookends Justice Gupta’s Tenure
SCO recaps Justice Hemant Gupta's life, career, judgments, and overall tenure at the Supreme Court.
Hearing Reports
Hijab Ban: SC Judgment Matrix
Justices Hemant Gupta and Sudhanshu Dhulia delivered a split verdict in the case.
Hearing Reports
Implementation of Shreya Singhal Day #2: Order Pronounced with Four Directions
All pending charges under S66A stand deleted. Onus on government authorities to ensure the end of further use.
Channel
SCO Daily: 69,461 Cases Pending in the Supreme Court
By the end of September, the number of pending cases at the SC fell below 70,000 for the first time this year.
Channel
SCO Daily: Live-streaming Begins, EWS Reservation Judgment Reserved
A historic first in SC Livestreaming, three Constitution Bench developments, addition of a Fourth Constitution bench announced.
Channel
SCO Daily: Union Begins Arguments in EWS Reservations and the Hijab Ban
Union argued that the Hijab Ban promoted equality. In the EWS Challenge, they argued that the 50% reservation limit applied only for SC/STs.
Hearing Reports
EWS Reservations Day #4: Reservations on Economic Criteria Violates Basic Structure of the Constitution
Advocate Shadan Farasat argued against SC/ST exclusion from EWS reservations and suggested considering alternatives to reservation.
Channel
SC Daily Update: Karnataka Hijab Ban and Constitution Bench EWS Hearing
Advocate Shadan Farasat argued that backward classes are more likely to be economically weaker and can't be excluded from EWS Reservations.
Hearing Reports
EWS Reservation Day #2: Petitioners Argue that EWS Reservations are a ‘Constitutional Fraud’
Petitioners argued that reservations are meant to be 'class based' remedies for backward classes, while EWS considered economic basis alone.
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
SC Daily Update: SC Hears Arguments on Hijab Ban and EWS Reservations
A 2-Judge Bench of the Supreme Court Heard Arguments Seeking a Constitution Bench Referral For the Hijab Ban Challenge
Channel
SC Daily Update: Day 2 of Hijab Hearings, Onus Placed on State to Accommodate Religious Practices
Plea for the case to be heard by a larger Bench, as it involves constitutional questions about accommodations for religious practices.
Channel
SC Daily Update: Section 66A, Justice Indira Banerjee’s Constitution Benches
Today the SC directed the Union to submit a report on which State governments were non-compliant with the SC's Judgment Shreya Singhal.
Analysis
The Right to Privacy in Our Republic: A Talk at Ranga Shankara
5 years after the Supreme Court recognised privacy as a Fundamental Right, we discussed how the right came to be, and what it means.
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
Getting Digital Access to the Supreme Court
The Supreme Court live streamed Court proceedings for the first time in its history today.
Analysis
SC Lists 25 Constitution Bench Cases for September
The Supreme Court will hear 25 of 41 pending five-Judge Constitution Bench cases from August 29th, 2022, as Justice U.U. Lalit becomes CJI.
Hearing Reports
Disqualification of Maharashtra MLAs Day #6: CJI Refers Case to 5-Judge Constitution Bench
The Bench referred questions of defection and disqualification arising from the 2022 Maharashtra political crisis to a 5-Judge Bench.
Analysis
SCO Shorts: The Money Laundering Judgment (PMLA)
On July 27th, 2022, the SC held that the Prevention of Money Laundering Act must be stringent, as it was designed to tackle a heinous crime.
Hearing Reports
Freebies in Elections #2: CJI Hesitant to Intervene in Policy Considerations
The Bench appeared hesitant, considered whether the Court was the appropriate forum to hear this predominantly legislative issue.
Hearing Reports
Disqualification of Maharashtra MLAs Day #4: Shinde Faction Argues that SC is Not the Right Forum
The SC heard arguments from all parties, and sought clarity on the issues of maintainability of the case, and application of defection law.
Analysis
Maharashtra Political Crisis: Are Party Defections and Party Splits the Same?
With the application of defection law being unclear, the SC will decide whether the case needs to be heard by a larger Bench.
Hearing Reports
Disqualification of Maharashtra MLAs Day #3: SC Directs Parties to List out Key Issues
The Bench instructed the parties to cull out key issues, to decide if the case needs consideration of larger bench.
Analysis
Pegasus Update: Investigating Privacy Violation in Full Public View
DESK BRIEF: Depositions made before the Technical Committee are published on its website, but there is no other update on the investigation.
Analysis
Pegasus Depositions: Mr. J Gopikrishnan
Mr. J Gopikrishnan, a journalist at The Pioneer, submitted that he had been under surveillance since 2006, since he wrote about the 2G Scam.
Hearing Reports
Disqualification of Maharashtra MLAs Day #2: CJI Directs Speaker to Halt Disqualification Proceedings
CJI Ramana asked the Solicitor General to inform the newly appointed Speaker to halt the disqualification proceedings against the Rebel MLAs
Analysis
Back From Vacation: What Awaits the Supreme Court?
DESK BRIEF: The SC returns to full functioning after six weeks of summer vacation.
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
SCO Shorts: Zakia Jafri and the 2002 Gujarat Riots
The SC decision upholding the ‘clean chit’ given to the accused in the 2002 Gujarat Riots, ends Mrs. Zakia Jafri’s long legal battle.
Court Data
2020 Saw a Historic High of Suo Moto Cases at the SC
COVID-19 caused an unexampled surge in suo moto action taken by the Supreme Court, with 10 suo moto cases recorded in 2020.
Analysis
Monthly Review: May 2022
SC judges begin summer vacation after a month of hearings on religion, administration and freedom of speech.
Analysis
Delhi HC Refuses to Examine Reliability of Witness Statements in Umar Khalid Bail Hearing
Sr. Adv. Trideep Pais and the Bench locked horns on whether the Court should evaluate the veracity of evidence while granting bail.
Analysis
Charge Sheet Wrongly Paints Umar Khalid as a Terrorist, Says Counsel at Delhi HC
Sr. Adv. Trideep Pais listed instances where misrepresented facts 'falsely' implicated Mr. Khalid in the 2020 Delhi Riots.
Analysis
Next 9 Chief Justices of India
During their tenure, the Chief Justice of India plays a key role in deciding the fate of the SC as an institution.
Hearing Reports
Fixing Arbitrators Fee #7: Attorney General Submits Rejoinder, Judgment Reserved
The Bench heard the Union's demands to cap arbitrators' fees, and whether claim and counterclaim should be calculated separately.
Hearing Reports
Rakesh Asthana Update: Case May Soon Become Infructuous
The challenge to the appointment of Rakesh Asthana as Delhi Police Commissioner has been for the 11th time. Mr. Asthana will soon retire.
Court Data
Reviewing the Supreme Court in Numbers (2021)
We look at institution, disposal, pendency, strength of the Bench, and other factors that affected the Court in the last 10 years.
Court Data
COVID-19 Exacerbates SC’s Pendency Crisis
Examining institution, disposal, and pendency during the COVID-19 years and the decline in the SC’s efficiency.
Hearing Reports
Fixing Arbitrators Fee #3: Between High Court Rules on Fees and 4th Schedule, HC Rules Must Prevail
The Attorney General argued that arbitrators cannot unilaterally fix their fees, and must follow the 1996 Arbitration Act.
Hearing Reports
Amazon-Future Hearing #6: Order Allowing Parties to Resume Arbitration at Singapore
Amazon and Future agreed to resume arbitration in Singapore.
Hearing Reports
Vanniyar Reservations: Judgment Matrix
The Supreme Court declared Tamil Nadu’s Vanniyar reservations unconstitutional. SCO Breaks down the Judgement in its Matrix.
Hearing Reports
Vanniyar Reservation: Judgment Summary
On March 31st 2022, Justices Nageswara Rao and B.R. Gavai declared Tamil Nadu’s Vanniyar reservations law unconstitutional.
Court Data
The SC Needs an Uninterrupted 3.8 Years to Clear All Pending Cases
Congestion at the SC sees a fourfold increase over the course of a decade reaching numbers not seen in over 30 years.
Hearing Reports
Amazon-Future Hearing #4: Future Did not Transfer its Assets, was Forced to Surrender Lease
Sr. Adv. Salve argued that Future Group did not transfer their stores to Reliance, but had to surrender the lease due to bankruptcy.
Court Data
Pendency Across Three Waves of COVID 19 and Two CJIs
Comparing the pendency of cases during former Chief Justice Sharad Bobde’s tenure with incumbent Chief Justice N.V. Ramana.
Analysis
With 5 Months Left in his Tenure, CJI Unlikely to Hear Key Cases on Federalism, Personal Liberty
Ramana CJI will retire on August 26th 2022. We look at important cases pending before his Bench that he inherited from former CJIs.
Analysis
How the Hijab Ban Reached the Supreme Court
DESK BRIEF: Our extensive coverage of the hijab case contains reports on Karnataka HC hearings, Judgment summary and matrix, and more.
Hearing Reports
Hijab Ban: Karnataka High Court Judgment Matrix
The Karnataka High Court upheld the hijab ban in government schools and colleges. SCO breaks down the Judgement.
Hearing Reports
Amazon-Future Hearing #3: Interim Relief Vital to Continue Arbitration in Singapore
Parties agreed that arbitration before SIAC should continue. Mr. Subramaniam raised concerns about Reliance's continued takeover of stores.
Hearing Reports
Amazon-Future Hearing #2: Amazon Permitted to Seek Interim Relief
After failed negotiations, the Bench directed Amazon to submit an application explaining the exact relief they seek in this case.
Court Data
Does the Judiciary Remain a Man’s World?
We look at gender representation in the judiciary—High Courts, Supreme Court and the Collegium— in numbers.
Analysis
More Vote Verification for a Better Democracy?
Concerns about vote tampering and pleas to increase verification during elections are not new, and has resurfaced again at the SC as a PIL.
Court Data
91% of Cases Disposed in 2021 were at Admission Stage
A majority of the SC’s time in 2021 was spent disposing of cases that did not involve a substantial question of law.
Analysis
Amazon-Future Agree to Discuss an Out-of-Court Settlement
The SC has granted 10 days to Amazon, Future and Reliance to enter into a dialogue and attempt to resolve the conflict outside of Court.
Hearing Reports
Reservations in Promotion Day #1: SC Scrambles to Hear all Petitions
Justices Rao and Gavai appeared unsure as to how over 80 petitions seeking clarity on data would be heard.
Hearing Reports
Challenges to the Prevention of Money laundering Act #16: SG Tushar Mehta Explains Evolution of Money Laundering
Mr. Mehta narrated the story of Al Capone, who used laundromats in the US, and took the court through other international developments.
Hearing Reports
Vanniyar Reservation Day #3: Petitioner Argues TN Not Competent to Identify Backward Classes
The Court heard arguments on the legitimacy of the data used to provide reservations for Vanniyars within the reservations for MBCs.
Analysis
Amazon-Future: A Timeline
Litigation arising from complex agreements between Amazon and Future Group may decide who will rule the retail market in India.
Hearing Reports
Vanniyar Reservation Day #2: Tamil Nadu Argues Subclassification of Vanniyars is Valid
Justices Rao and Gavai refused to refer the Vanniyar Reservations case to a larger Bench. Arguments on the merits of the case began.
Analysis
Karnataka Order on Hijab Ban: Lost in Translation
DESK BRIEF: The Karnataka HC was grappling with the meaning of 'suvyavasthe' in the Gov Order meant 'Public Order'. Why was this important?
Hearing Reports
Vanniyar Reservation Day #1: SC Consideres 5-Judge Bench Reference
Senior Advocate Dr. Abhishek Manu Singhvi argued that the case must be referred to a 5-Judge Bench, as it concerns larger questions of law.
Analysis
Karnataka Government Order on Dress Code for Students (Translated to English)
Translation of the Government Order instructing College Development Committees to ban hijabs in educational institutions.
Analysis
COVID Coverage: Court’s Functioning (Jan, Feb 2022)
Responding to the 3rd wave of COVID, the SC began virtual hearings in January. The SC will resume hybrid and physical hearings on Feb 14th.
Hearing Reports
Writ Petition Summary: Kajal Mangal Mukhi
Mx. Kajal Mangal Mukhi challenged the Transgender Persons (Protection of Rights) Act, 2019 for violating Articles 14, 15 and 21.
Court Data
Cases at Admission Stage Make up 72% of Pending Cases at the SC
Does the Supreme Court’s real pendency challenge arise from cases at admission stage?
Channel
SCO Explains: SC Order on OBC, EWS Reservations for PG NEET (2/4)
In this episode we explain the Court's Judgment and Order in the PG NEET Reservations case, and take you through main arguments.
Analysis
Union’s Refusal to Submit an Affidavit in Pegasus Case Comes into Sharp Focus
A New York Times article reveals that Indian government had bought the Pegasus spyware in 2017 as part of a $2 Billion arms deal.
Analysis
Court to Hear Arguments in Challenge to Money Laundering Act
DESK BRIEF: Why was a Money Bill used to pass amendments to the PMLA, even though it did not contain any finance related provisins?
Analysis
Reviewing Week 4 (2022) : Judgments on Reservations and MLA Suspension
DESK BRIEF: Judgments on Reservations in Promotions for SC/STs, and the suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly.
Analysis
Week 4 at the SC (2022): Time to Restrain ED’s Unmitigated Power?
DESK BRIEF: Does the ED’s investigative powers violate the rights of persons accused under the Prevention of Money Laundering Act, 2002?
Channel
SCO Explains: Reservations in PG NEET Courses (1/2)
In this episode, we explain why the Union had halted PG NEET Exams, the challenge to the OBC and EWS Reservations in PG NEET before the SC.
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 Holds OBC Reservation in PG NEET Ensures Substantial Equality
DESK BRIEF: On Thursday, the Court issued an Order explaining its decision to permit reservations for OBCs in PG medical entrance exams.
Court Data
Number of Cases Instituted at the SC Drops After COVID-19
Limited functioning of the Court during the pandemic has affected the number of cases instituted before the SC in 2020 and 2021
Analysis
Supreme Court Issues Notice in Haridwar Hate Speech Case
The SC on Wednesday issued notice in Qurban Ali v Union of India, a PIL filed against the alleged hate speech in Haridwar and Delhi.
Analysis
MLA Suspension in Maharashtra: A Threat to Democracy?
DESK BRIEF: The SC observed that suspension of Assembly members for long periods through majority resolutions threatened democracy.
Analysis
Medical Students Relieved as SC Issues Order in PG NEET Case
DESK BRIEF: The SC issued an Order allowing the Union to immediately commence counselling for admissions to postgraduate medical programmes.
Analysis
SC Hears EWS Reservation Case as Third Wave Approaches
DESK BRIEF: Hospitals short of 60,000 doctors as the SC hears case on reservation for OBC & EWS students in Postgraduate NEET courses.
Analysis
Subhash Reddy, First SC Judge from Telangana Retires
Justice Subhash Reddy retired today after three years and two months at the Supreme Court. He was elevated in November 2018.
Analysis
SC Judgment Review 2021: Tribunals
In 2021, the Supreme Court issued two important judgments on Statutory Tribunals.
Analysis
SC Judgment Review 2021: Terror
We discuss two judgments where the Court engaged with bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Analysis
SC Judgment Review 2021: Elections and Democracy
In State of Goa v Fouziya Imtiaz Sheikh the Court emphasised that an independent Election Commission is key to India’s democracy.
Analysis
SC Judgment Review 2021: Freedom of the Press
The Court recognised that press freedom and privacy were allies and that the fear of surveillance is an ‘assault’ on the press.
Analysis
SC Judgment Review 2021: Equality
In 2021, the Supreme Court issued three important judgments on substantive equality.
Court Data
Pendency of Cases at the SC over the Past 5 Years [2017-2021]
Apart from 2017, the total number of pending cases at the SC increased every year from January to December.
Court Data
Supreme Court Pendency in 2021 Increases by 7.3%
Pendency of cases at the SC has increased in 2021 by 7.3%. Currently 69,555 cases are pending.
Hearing Reports
Rakesh Asthana’s Appointment as DPC: Writ Petition Summary (CPIL)
Centre for Public Interest Litigation filed a writ petition arguing that Mr. Asthana's appointment of contradicts SC’s decisions.
Hearing Reports
Gig Workers’ Access to Social Security: Writ Petition Summary (The Indian Federation of App-based Transport Workers)
The Indian Federation of App-based Transport Workers, filed a petition before the Supreme Court social security benefits for gig workers.
Analysis
COVID Coverage: Children in Protection Homes, November 29th 2021
Nageswar Rao J stated that states cannot let long drawn out bureaucratic processes come in the way of providing basic amenities to children.
Court Data
Transfers of HC Judges 2017-21
Since 2017, there have been 88 recommendations for transfers of HC judges and Chief Justices, 33 of which were issued on Sept 16th 2021.
Analysis
The Farmers’ Protests and the Court: A Recap
The Union announced the repeal of the farm laws, but the SC has not decided on its constitutionality and the scope right to protest.
Analysis
Monthly Review: October 2021
In October, the Court heard important cases on reservations, powers of the Directorate of Enforcement, and foreign funding for NGOs.
Hearing Reports
Suo Moto Powers of the NGT: Judgment Summary
The Supreme Court held that the NGT is vested with suo moto powers under the wide scope of the National Green Tribunal Act, 2010.
Analysis
COVID Coverage: Court’s Functioning (20th October, 2021)
The SC issued a notice on October 7th to resume physical hearings with the option of hybrid hearing on October 20th.
Analysis
Reservation in Promotions for PwDs and for SC/STs: What is the Difference?
Reservations in public employment for persons with disability and for SC/STs have been treated differently by the Supreme Court.
Analysis
Challenging the NGT’s Use of Suo Moto Powers
16 orders of the NGT are now before the Supreme Court on appeal. The Court will decide whether the NGT has suo moto powers.
Analysis
Should the National Green Tribunal have Suo Moto Powers?
The NGT's use of suo moto powers has been heavily debated: are the powers inherent to its functioning or should they be explicit in the Act?
Hearing Reports
OBC & EWS Reservation in PG NEET: Writ Petition Summary (Apurv and Sooryanshu)
Medical students argue that this reservation scheme violates the rights of unreserved, meritorious candidates under the AIQ scheme
Analysis
Should Statutory Tribunals Have Suo Moto Powers?
Statutory tribunals’ powers are limited by their statute. Can their powers be expanded based on the purpose with which they are formed?
Analysis
Should Courts have Suo Moto Powers?
Courts often exercise their suo moto jurisdiction by taking up matters based on media reports or act on letters written to them.
Analysis
Justice Navin Sinha Retires: 9 Key Judgments
Justice Navin Sinha retired on August 18th, 2021. He wrote 126 judgments as a Supreme Court judge during his four year tenure.
Analysis
Nariman J: 14 Judgments in Which He Shaped the Law
Understanding Nariman J's landmark judgments on privacy, right to life, freedom of speech, and equality.
Analysis
Monthly Review: July 2021
The Supreme Court made important decisions on land acquisition,and dismissed the review petition against the Maratha judgment.
Analysis
Striking Down the ‘Barrier’ of Disability
DESK BRIEF: The Court has upheld the right to reservation in promotions for persons with disability.
Analysis
Section 66A: The Dead Law That Still Haunts India
In 2015, the Supreme Court declared Section 66A of the IT Act unconstitutional. In 2021, it continues to be used to arrest people.
Analysis
Women in the Judiciary- Have we Come Far from the 30s?
DESK BRIEF: Justice Leila Seth was the first woman to be Chief Justice of a High Court. Her autobiography tell us this was no small feat.
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
Can the State Declare an Individual as a Terrorist?
DESK BRIEF: Sections 35 and 36 of UAPA do not specify the criteria or procedures for arrest, giving absolute powers to the state.
Hearing Reports
Implementation of S.66A: Writ Petition Summary (PUCL)
The petitioner submits that the prosecution under Section 66A has continued even after it was struck down in Shreya Singhal v Union of India
Analysis
Justice Bhushan Retires on July 4th After Half a Decade at the Court
Bhushan J was part of 779 judgments, out of which he authored 258. Most of his judgments dealt with criminal law.
Hearing Reports
Sabarimala Review: Writ Petition Summary (All Kerala Brahmins Association )
SCO summarises the Writ Petition filed by the Kerala Brahmana Sabha challenging the Supreme Court's judgment.
Hearing Reports
Sabarimala Review: Writ Petition Summary (Nair Service Society )
SCO summarises the Nair Service Society petition on allowing women's entry into Sabarimala temple.
Analysis
Freedom of Speech and Expression: Different Arenas, Same Fight
The scope of the freedom of speech and expression has a long history in terms of judicial clarification.
Hearing Reports
Muslim Marriage Laws: Writ Petition Summary (Nafisa Khan)
Summary of the writ petition filed by Nafisa Khan challenging the practices of polygamy and Nikah-Halala.
Court Data
11.7% of High Court Judges are Women
11.7% of all the current judges of the 25 High Courts in India, are women.
Analysis
The Attorney General: Defender of the Constitution or Representative of the Government?
The AG’s choice of placing fidelity to the Constitution or the Government can have a significant impact on how the law is shaped.
Hearing Reports
Legality of SC/ST Act Amendment: Writ Petition Summary (Prithvi Raj Chauhan & Priya Sharma)
Summary of the writ petition filed by Prithvi Raj and Priya Sharma challenging the 2018 Amendment to the Prevention of Atrocities Act.
Analysis
Do Persons with Disabilities have the Right to Reservation in Promotion?
The Supreme Court has held that persons with disabilities have a right to reservation in promotion under Article 16(4).
Hearing Reports
Muslim Marriage Laws: Writ Petition Summary (Sameena Begum)
Summary of the writ petition filed by Sameena Begum challenging the constitutional validity of the practices of Polygamy and Nikah-Halala.
Hearing Reports
Muslim Marriage Laws: Writ Petition Summary (Ashwini Kumar Upadhyay)
Summary of the writ petition filed by Ashwini Kumar challenging the constitutional validity of the practices of Polygamy and Nikah-Halala.
Analysis
Sedition: 6 Must Reads
In this post we curate a list of must reads that look into the history, evolution and application of sedition law in the Indian context.
Hearing Reports
MLA Bribery: Special Leave Petition Summary (Sita Soren)
The petitioner, an MLA, is seeking to appeal the Jharkhand HC's order which held that she did not have immunity from prosecution for bribery
Channel
SCO Explains: COVID National Policy Hearings
In this episode of SCO Explains we discuss the developments in the Supreme Court hearings on the COVID-19 National Pandemic Policy.
Hearing Reports
Parsi Excommunication: Special Leave Petition Summary
The Petitioner was refused the right to enter the Parsi institutions in her hometown, and the right to perform the last of her parents.
Hearing Reports
Female Genital Mutilation: Writ Petition Summary
Advocate Sunita Tiwari filed a writ petition against the practice of 'Khatna' or female genital mutilation for discriminating against women.
Analysis
समान कानून कार्यक्षेत्र वाले देशों में देशद्रोह: भारत अमेरिका एवं ब्रिटेन
यूके और यूएसए में राजद्रोह के कानूनी इतिहास का पता लगाते हैं और क्या देशद्रोह अभिव्यक्ति की आज़ादी का एक अपवाद ,और अपराध है।
Analysis
Sedition in the Common Law Jurisdictions: UK, USA and India
Sedition originated in the UK. However, in the UK and US, the law has since been struck down or repealed. Will India follow?
Hearing Reports
Writ Petition Summary (Kishorelal Wangkhemcha & Kanhaiya Lal Shukla)
Kishorechandra Wangkhemcha and Kanhaiya Lal Shukla challenge the constitutionality of Section 124A of the IPC, for violating Article 19.
Channel
SCO Explains: Indirect Discrimination in the Army
In this episode of SCO Explains, we look at the Supreme Court's judgment in Lt. Col. Nitisha v. Union of India.
Analysis
J Shantanagoudar’s 11 Most Important Judgments
We look at J. Shantanagoudar’s most notable judgments while on the bench.
Hearing Reports
Sabarimala Temple Entry: Judgment Matrix
SCO's Judgment Matrix breaks down the Judgment, listing the opinion of each Judge on each issue deliberated by the Bench.
Analysis
J. Ramana Sworn In as 48th Chief Justice
CJI Ramana's seven-year term as a Supreme Court judge, through numbers and key judgments.
Hearing Reports
Writ Petition Summary
NBTC and NACO issued guidelines permanently ban transgender persons, men having sex with men, and female sex workers from donating blood.