Kruthika R

Kruthika R's Posts

Analysis

Sedition: A Hidden Contradiction

DESK BRIEF: The test for sedition contains both the 'clear and present danger' and 'bad tendency' tests from SCOTUS law.

Channel

SCO Explains: Maratha Reservations Hearings- 102nd Amendment (4/4)

In this episode of SCO Explains, we look at whether the 102nd Constitutional Amendment took away States’ powers to identify SEBCs.

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SCO Explains: Maratha Reservations Hearings – The 50% Rule (3/4)

We look at the arguments on whether the 50% limit is binding precedent, and its scope in applying it to Maratha reservations.

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SCO Explains: The 50% Limit on Reservations (2/4)

We look at the rationale and the development of the 50% limit on reservations, which was an issue in the Maratha Reservations case.

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SCO Explains: Maratha Reservations Litigation History (1/4)

We look at the Litigation History of the Maratha Reservations case, before it came before the Supreme Court.

 

Analysis

Sedition: Third Time’s the Charm?

The Court has admitted a challenge to sedition twice before, upholding it each time. Will the third attempt be the successful one?

Analysis

Justice Shantanagoudar Wrote 136 Judgments in 4 Years

We remember Justice Shantanagoudar’s judicial career by statistically looking at his term in the Supreme Court.

Analysis

CJI Bobde Wrote 68 Judgments Over 8 Years

We analyse CJI Bobde's tenure in numbers.

Analysis

Court Recognises Indirect Discrimination & Strikes Down Army’s Gender Discriminatory Promotion Practices

The Court held that the manner of granting women officers Permanent Commission in the army reflected indirect and systemic discrimination.

Analysis

Monthly Review: March 2021

Ramana J. was recommended as the next CJI. Court hears several matters including request for release of Rohingyas from holding centres.

Analysis

Justice Bhat’s Dos and Don’ts for Progressive Judgment Writing on Gender Violence Cases

Bhat J has outlined certain rules to be followed while drafting judgments in cases of gendered sexual violence.

Analysis

J. Indu Malhotra Wrote 84 Judgments, Mostly on Service and Arbitration Law

Justice Malhotra has distinguished herself as the only woman to be appointed as SC judge directly from the bar.

Analysis

Monthly Review: February 2021

February was an eventful month with the Court delivering judgments on several important matters such as bail under the UAPA law.

Analysis

Is Sedition Constitutional? From Tara Chand [1950] to Aditya Ranjan [2021]

Section 124A as a suppression of free speech: Tracing the History of Sedition Law in India

Analysis

Bail Under UAPA Can Be Granted if the Accused’s Trial has been Delayed

Gradual shift in legal position with respect to grant of bail to accused charged under UAPA.

Analysis

The Year That Was #2: The 10 Most Important Cases of 2020

In 2020, the Supreme Court charted new legal territory by hearing several significant matters during the pandemic.

Analysis

The Year That Was #1: Supreme Court Response to COVID Crisis in 2020

In 2020, the Supreme Court had to manoeuvre through a host of new concerns heightened by the coronavirus pandemic.

Analysis

Key Precedents Challenge the Constitutionality of Anti-Conversion Laws

The Uttar Pradesh Prohibition of Unlawful Conversion Ordinance has been challenged before the Supreme Court.

Analysis

The Supreme Court’s Interim Stay of the Farm Laws: Creating the Space for a Novel Solution?

Petitions filed before the Supreme Court challenging the constitutional legitimacy of the farm laws.

Analysis

2020 Winter Session Review

The Courts Winter Session featured a slew of matters ranging from prevailing reservation ceilings to the right to protest in public spaces.

Analysis

Can an Indian Court Order on Custody be Enforced in Kenya?

Supreme Court seeks mirror order from appropriate court in Kenya to reinforce transnational custody order.

Analysis

Court Frames Comprehensive Guidelines on Maintenance

The Court's guidelines clarify interim maintenance, the criteria to quantify maintenance and the enforcement of such orders.

Analysis

Fifth edition of ConQuest kicks off online, preliminary results out

ConQuest questions were an interesting mix of Indian political and constitutional history

Analysis

Justice Mishra Retires

Justice Arun Mishra's tenure marks him as one of the most popular and controversial judges in the current cohort

Analysis

Justice Arun Mishra #1: A Judicial Portrait

Supreme Court Justice Arun Mishra's tenure, explained with statistics

Analysis

Justice Arun Mishra #2: A Judicial Portrait

Of the several judgments authored by Arun Mishra J, there seems to be an emphasis on property law and land acquisition matters.

Analysis

Where does the Court find its Contempt Power?

Tracing the Courts power to punish for contempt of itself under the Contempt of Courts Act, 1971 and the Constitution.

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.

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In Conversation with Tarunabh Khaitan #2

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

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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

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

Gender Equality v. Religious Freedom in Personal Laws Cases

There is a constant conflict between the tenets of personal law and the need to ensure gender equality.

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

Land Acquisition Judgment: 3 Must Reads

Three must-reads explaining the Supreme Court's judgment in Indore Development Authority

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

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

Criminalisation of Triple Talaq: 4 Must Reads

Four must reads on the Court's judgment holding the practice of Triple Talaq unconstitutional

Analysis

Regional Representation of the Supreme Court: 3 Must Reads

The Central Government has confirmed the elevation of Justices Aniruddha Bose, AS Bopanna, Bhushan Ramkrishna Gavai and Surya Kant

Analysis

Monthly Review: July 2018

In July, the Court formed constitution benches in many cases and heard Section 377 and Sabarimala cases  

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