Jai Brunner

Jai Brunner'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

Central Vista Redevelopment: 4 Must Reads

Court grants clearance to Central Vista redevelopment project and construction of new parliament building.

Analysis

COVID & 4G Restoration in Jammu & Kashmir

On August 11th, the Court held that there was no case of contempt for the Special Committee to take a decision regarding internet in J&K.

Channel

In Conversation with Tarunabh Khaitan #2

Listen to part two of the SC Observer's conversation with Professor Tarunabh Khaitan

Channel

In Conversation with Tarunabh Khaitan #1

Listen to the SC Observer's conversation with Professor Tarunabh Khaitan

Analysis

Unpacking Original Jurisdiction of SC #1: History and Scope

Article 131 provides for the original jurisdiction of the Supreme Court and has a rich constitutional history.

Analysis

SC resumes hearing Constitution Bench Cases

Contrary to predictions, the Supreme Court has returned to hearing Constitution Bench matters.

Analysis

Maratha Reservation: Eroding Legal Precedent?

DESK BRIEF: After a five-month COVID induced hiatus, the Supreme Court returns to the Maratha Reservation case.

Analysis

Monitoring Custodial Violence

Abhishek Manu Singhvi files application before Supreme Court urging the Court to revisit the issue of custodial violence in India.

Analysis

COVID Testing Orders: 3 Must Reads

The Court has limited the scope of its order mandating free COVID testing. Here are three must reads.

Analysis

EWS Debate Resurfaces

State Government direction to stop issuing certificates to economically weaker sections reignites debate around economic reservation.

Analysis

2020 Monsoon Session Preview

The Supreme Court's Monsoon Session is coming up. Here are some key cases and notable developments to look out for.

Analysis

COVID-19 Term: Ad-Hoc Court?

DESK BRIEF: Since mid-March, the Court has been responding to the COVID-19 crisis. But its approach was far from consistent.

Analysis

2020 Summer Session Review: COVID Term 2

COVID-19 deeply impacted how the Court functioned. Which cases did the Court still hear, and how did technology change how they were heard?

Analysis

2020 Summer Session Review: COVID Term 1

COVID-19 deeply impacted how the Court functioned. Which cases did the Court still hear, and how did technology change how they were heard?

Analysis

Migrant Crisis: Judicial or Executive Intervention?

DESK BRIEF: Should the Supreme Court intervene when the Union government has allegedly failed to perform its constitutional duties?

Analysis

SC & Migrant Labourers Crisis: 3 Must Reads

Three must-reads that examine the migrant labourers' issues and the Court's response

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Constitutionally Protected Bribery?

DESK BRIEF: The Supreme Court has yet to decide if MLAs can claim immunity after taking bribes to vote in Rajya Sabha elections.

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5 Cases to Watch For

The Union is lifting lockdown restrictions and the Supreme Court is opening up. These are the key cases to watch for.

Analysis

Revisiting FCRA Judgment

Various provisions of the FCRA Act have been challenged as violative of Article 14, 19 and 21 of the Constitution.

Analysis

Immunity from Bribery Charges?

High Court rules against MLA Sita Soren holding that she did not have immunity from prosecution under Article 105(2) of the Constitution.

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.

Analysis

Maratha Reservation & Judicial Review II

The Court's power to review the legislative wisdom and findings of expert committees is limited

Analysis

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.

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

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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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.

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

Analysis

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.

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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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.

Analysis

Non-COVID News

DESK BRIEF: COVID-19 has dominated the headlines. But unrelatedly, the Court has delivered two important fundamental rights judgments

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.

Analysis

The ‘Other’ RTI Exemptions

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

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

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.

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.

Analysis

Digitising Filings

DESK REPORT: Despite the E-Committee's efforts, most litigants still physically file submissions. COVID-19 could quicken e-filing adoption.

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?

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

Analysis

Switching to Video

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

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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Monthly Review: March 2020

In March, the COVID-19 outbreak had an extraordinary impact on all institutions, including the Supreme Court

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

Analysis

5 Key Judgments of 2020 on Equality, Free Speech and Other Constitutional Rights

A review of the top 5 landmark judgments of the Supreme Court, delivered in 2020.

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

Analysis

The Benchmark Precedent

DESK BRIEF: Bench led by Arun Mishra J applies doctrine of precedent to adjudicate matters related to land acquisition.

Analysis

Ret’d CJI Gogoi nominated to Rajya Sabha

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

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

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.

Analysis

Article 370: Bench Rejects Reference

DESK BRIEF: The five-judge Article 370 bench has ruled out referring the case to a larger bench.

Analysis

Monthly Review: February 2020

In February, the Supreme Court passed orders in the Sabarimala Referral and refused to grant interim relief in Maratha Reservations

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.

Analysis

CAA: 5 Must Reads

Five articles that offer a substantive analysis of the Citizenship (Amendment) Act, 2019.

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.

Analysis

#1: Ayodhya Title Dispute

Disputed title in Ayodhya case awarded to Shri Ram deity.

Analysis

#2: Sabarimala Review

Court to hear constitutional questions surrounding review of Sabarimala judgment.

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.

Analysis

#3: Assam’s NRC

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

Analysis

#5: Electoral Bonds

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

Analysis

#6: VVPAT

Petition before Supreme Court to direct the Election Commission of India to verify a higher number of VVPAT slips.

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.

Analysis

#9: Land Acquisition – Recusal

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

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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Monthly Review: January 2020

In January, the Court heard the Sabarimala referral, as well as the Article 370 and CAA matters.

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

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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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.

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

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

Analysis

RTI Judgment: Confusions about Public Interest

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

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.

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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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.

Analysis

CJI Gogoi to deliver 5 judgments before retirement

Chief Justice Gogoi's term will end with five highly-consequential judgments

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.

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

Analysis

Week 9 in Ayodhya

The Bench is likely to deliver its judgment by mid-November, before Chief Justice Gogoi retires on November 17th.

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.

Analysis

Week 8 in Ayodhya

Last week, the counsels for the Sunni Waqf Board concluded their responses.

Analysis

Permanent Constitution Benches: Structural Reform of the Supreme Court

Permanent five-judge Constitution Bench to be constituted to hear all constitutional matters.

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

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

Analysis

Subhash Kashinath Mahajan: Treading Cautiously

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

Analysis

Ayodhya: Property Dispute or Constitutional Question?

DESK BRIEF: The strategy of the parties is to focus on adjudicating Ayodhya as a property dispute rather than on core constitutional values

Analysis

Justice Kureshi Transfer Reconsidered

The Justice Kureshi process highlights the need to settle the new Memorandum of Procedure for Appointment and Transfer

Analysis

Forest Rights Act in the Supreme Court: Eleven Years and Counting

DESK BRIEF: After eight years of relative neglect, a constitutional challenge to the Forest Rights Act has acquired a new form.

Analysis

Judicial Transfers: Sankalchand Redux?

Judicial Transfers without consent of judges demonstrates tussle between the executive and judiciary.

Analysis

Week 5 in Ayodhya

In Week 5, Sr. Adv. Rajeev Dhavan argued for the Sunni Waqf Board, primarily focusing on disputing claims made by the Nirmohi Akhara

Analysis

The Constitution Bench Trade-Off

DESK BRIEF: Recent scholarship suggests that constitution benches have a major impact on the speed at which the Court disposes of cases

Analysis

A Sparky September

DESK BRIEF: In September, the Supreme Court will continue hearing arguments in the Ayodhya dispute and the NRC case.

Analysis

Myth and History as Legal Evidence

DESK BRIEF: In the Ayodhya dispute, the court will break new ground on the extent to which historical and religious materials are admissible

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Assam NRC: Counting Citizens

DESK BRIEF: Will the 31 August NRC list, produced under a legal cloud, still have legal authority?

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4 Judges Recommended for Supreme Court

Justice Kureshi's elevation dispute remains undecided. Will it affect the bargaining between the Union and the Court on other appointments?

Analysis

Criminalising Triple Talaq

DESK BRIEF: On August 23rd, a two-judge bench of the Court directed the Union to respond to challenges against criminalising Triple Talaq

Analysis

From the 12th to the 21st Century

DESK BRIEF: The last week at the Supreme Court saw arguments ranging from social media to historical materials in the 12th century

Analysis

Week 2 in Ayodhya

In week 2 of the Ayodhya hearings, the Court exclusively heard Senior Advocate Vaidyanathan, who argued Lord Ram's suit

Analysis

Legal Incarnations

In the Ayodhya case, the Supreme Court must come to terms with various legal incarnations of the divine. 

Analysis

Week 1 in Ayodhya

In Week 1 of the Ayodhya hearings, the Court heard submissions from Senior Advocates Jain and Parassaran on behalf of NA and Lord Ram

Analysis

The Unfinished Business of Reshaping ‘Indian’ Identity

DESK BRIEF: A number of cases currently pending before the Court deal with issues central to Indian identity

Analysis

Ready or Not?

DESK BRIEF: In order to meet the 31st August deadline for the Assam NRC, the Court must settle three unanswered questions.

Analysis

Word Play

DESK BRIEF: Will the court affirm Damnoo, or revise it taking into account the effacement of Article 370? The case is yet to be listed.

Analysis

Article 370 in the Supreme Court

On August 5th, Article 370 of the Constitution was abrogated vide a Presidential Order, revoking the special status of Jammu & Kashmir.

Analysis

Why the Ayodhya dispute is a polycentric dispute

DESK BRIEF: The Ayodhya case revolves around competing claims from the Nirmohi Akhara, the Hindu Mahasabha, and the Sunni Waqf Board

Analysis

Can the tragedy at Unnao shape POCSO implementation?

DESK BRIEF: On July 31st, Chief Justice Gogoi tagged the Unnao rape to the POCSO case.

Analysis

Will EWS Reservation Survive?

Petition to either strike down the 103rd Constitutional Amendment or make it subject to the 50% ceiling laid down in Indra Sawhney.

Analysis

Delayed or Denied?

DESK BRIEF: The Justice Kureshi appointment dispute is the most significant executive assertion over judicial appointments since the NJAC

Analysis

Illegal Immigrants or Refugees?

DESK BRIEF: A three-judge bench will likely hear the Rohingya case next in mid-August

Analysis

Forest Rights: 5 Must Reads

The central predicament of the case appears to be harmonizing the rights of forest dwellers with concerns of environmental conservation.

Analysis

Does the implementation of the Forest Rights Act, 2006 lead to large scale evictions?

DESK BRIEF: On July 24th, the Court will explore other remedies to better balance the rights of forest dwellers with conservation

Analysis

Week Ahead: Supreme Court, July 22-26 2019

This week, the Supreme Court will hear two important cases regarding the mass displacement of people.

Analysis

Supreme Court Statistics Pack 2018

The first in an annual series that aims to collate, analyze and present a quantitative data overview of the work of the SC

Analysis

Cases to Watch, Pt.2

We outline the key cases to watch in the Supreme Court's new term.

Analysis

Cases to Watch, Pt.1

The Supreme Court re-opens on July 1st, after its summer vacation. We thematically outline key cases that may see developments.

Analysis

Raising the SC’s Strength

The CJI has written to the PM seeking constitutional amendments increasing the Court's strength and raising the HC judge retirement age.

Analysis

Week Ahead: Supreme Court, July 15-19 2019

A look at the Supreme Court's week ahead

Analysis

Upcoming Aadhaar Bill

The Aadhaar Bill which allows individuals to voluntarily use their Aadhaar number as identification with banks and telecom companies.

Analysis

Law Ministry to keep close eye on Collegium

The Collegium system will be tested again with scheduled retirements in 2019 and 2020.

Analysis

CJI Sexual Harassment: 5 Must Reads

Five must reads on the In-House Committee's clean chit to Chief Justice Gogoi, who was been accused of sexual harassment in April

Analysis

VVPAT: 4 Must Reads

Four must reads on the Supreme Court order to increase the number of VVPAT paper slips that the Election Commission physically verifies

Analysis

Supreme Court Summer Vacation 2019

The Supreme Court's annual summer vacation is about to begin. Here are the constituted vacation benches, which will hear only urgent cases.

Analysis

May 8th 2019 Collegium Recommendations

Yesterday, the Supreme Court's Collegium issued 2 resolutions, recommending four judges for elevation to the Supreme Court

Analysis

Electoral Bond Scheme: Where do the ADR, EC & Union stand on the issue?

The Supreme Court is hearing the electoral bonds case. Here are the positions of the parties.

Analysis

Supreme Court in the Classroom: Worksheet 4

In this worksheet, students are tasked with understanding the Rafale Deal as a Supreme Court case.

Analysis

Supreme Court in the Classroom: Worksheet 3

This worksheet tasks students with understanding how the Supreme Court balances reservation in promotion with equality and efficiency.

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.

Analysis

Rights in Review: Overview

“Rights in Review″ is the Centre for Law and Policy Research's annual review of key Supreme Court judgements.

Analysis

Supreme Court in the Classroom: NCERT 6.2 | Governance & Elections

This worksheet supplements the Government Unit in the Social and Political Life – 1 Textbook.

Analysis

Supreme Court in the Classroom: NCERT 6.1 | Diversity & Discrimination

This multiple-choice quiz introduces Grade 6 NCERT students to the Supreme Court of India and how it thinks about diversity.

Analysis

Supreme Court in the Classroom: Pedagogy

The SCO Workshops aim to engage students with key constitutional values through the careful analysis of Supreme Court cases

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Supreme Court in the Classroom: Worksheet 2

A worksheet for students to engage with the Supreme Court's judgment in Navtoj Singh Johar which read down Section 377 of the IPC

Analysis

Supreme Court in the Classroom: Worksheet 1

A worksheet for students to engage with the Supreme Court judgment in the Sabarimala case

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Supreme Court in the Classroom: Teaching Materials

The SCO Worksheets allow teachers to critically engage students with key constitutional questions which come before the Supreme Court

Analysis

Week Ahead: Supreme Court, Jan 21-25 2019

This week, the Supreme Court will hear the the Sabarimala Review Petitions and welcome two new Justices,

Analysis

SC Sets Up In-House Think Tank

Centre for Research and Planning, an "in-house think tank" has been established by Ranjan Gogoi CJI.

Analysis

Monthly Review: October 2018

In October, CJI Gogoi has prioritized administrative efficiency and filling judicial vacancies

Analysis

Week Ahead: Supreme Court, Oct 29-Nov 2 2018

The Court is hearing the Ayodhya Title Dispute, the CBI Controversy, the Rafale Deal, the Assam Accord (NRC), Bhima Koregaon, amongst others

Analysis

Ayodhya Title Dispute: Essentiality and Particular Significance

The Faruqui case appears to have introduced a "particular significance" test for determining whether a feature of a religion is essential.

Analysis

2018 Monsoon Session Review

Supreme Court Observer reviews the monsoon session of the Supreme Court, identifies key trends, and revisits important judgments

Analysis

Week Ahead: Supreme Court, Oct 8-12 2018

This week, the Supreme Court continues to be directed by CJI Gogoi's focus on administrative efficiency.

Analysis

Monthly Review: September 2018

CJI Gogoi has signalled that his main aim is to improve the administrative efficiency of the judiciary.

Analysis

Week Ahead: Supreme Court, Sept 24-29 2018

What lies ahead this week in the Supreme Court?

Analysis

Week Ahead: Supreme Court, Sept 17-21 2018

What lies ahead this week in the Supreme Court?

Analysis

Week Ahead: Supreme Court, Sept 10-14 2018

What lies ahead this week in the Supreme Court?

Analysis

Monthly Review: August 2018

In August, the Court reserved judgment in casers on adultery law, reservation in promotion and the criminalisation of politics.

Analysis

Week Ahead: Supreme Court, Sept 3-7, 2018

This week, Chief Justice Dipak Misra is predicted to pass judgments in at least ten historic judgments

Analysis

Justice Banumathi #2: A Judicial Portrait

During her tenure, Banumati J has authored several notable judgments including in the Nirbhaya rape case and in P Chidambaram's bail hearing