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
Analysis
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.
Analysis
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
Analysis
Nikah Halala and Personal Law Reform II
Petitions filed before the Supreme Court challenging certain Muslim personal laws as contrary to the right to equality and dignity.
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.
Analysis
Brief History: Challenges to the UAPA
Tracing the history of the Unlawful Activities (Prevention) Act, 1967.
Analysis
CAA: Drawing from Johar and Bano – II
The Indian Union Muslim League relied on recent decisions of the Supreme Court to challenge the Citizenship (Amendment) Act, 2019.
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?
Analysis
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
#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
Analysis
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
Analysis
Sabarimala Referral to continue for ‘reasons to follow’
DESK BRIEF: A nine-judge Referral Bench has ruled that the Court can refer questions to a larger bench in a review petition.
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?
Analysis
Ayodhya Judgment: Opening the Floodgates?
DESK BRIEF: Only time will tell if the expansive reliefs in the Ayodhya case have opened up a floodgate of similar litigation.
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
Analysis
Assam NRC: Counting Citizens
DESK BRIEF: Will the 31 August NRC list, produced under a legal cloud, still have legal authority?
Analysis
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.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
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
Analysis
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
Analysis
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
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