R. Sai Spandana
Spandana is an associate editor at the Supreme Court Observer.
R. Sai Spandana's Posts
Court Data
October 2024: Supreme Court clears 351 cases per day
October 2024 saw the highest institution and disposal of cases in the month compared to October 2022 and 2023
Hearing Reports
Appointment of Arbitrators by Ineligible Persons | Judgement Pronouncement: Clauses permitting unilateral appointment of arbitrators invalid, says SC
The bench held that equality of parties was crucial but the judges split on whether unilateral appointments breach constitutional principles
Analysis
Supreme Court to decide validity of unilateral nominations to panel of arbitrators
The decision of the Court will also clarify if a person who cannot be an arbitrator is eligible to appoint one
Hearing Reports
Nature of private property | Judgement Summary
Even as all judges agreed that Article 31C remained in the Constitution, they split on whether Article 39(b) included private property
Hearing Reports
Altering Rules on Appointment to Public Posts | Judgement Pronouncement: Rules cannot be changed mid-way, holds SC
The five-judge bench held that any permissible changes to the rules of the recruitment process must be notified in advance
Analysis
Supreme Court to rule on whether the rules of public employment can be changed mid-process
Can government employers set aside previously established procedural rules to ensure only the most suitable persons are appointed?
Hearing Reports
Nature of private property | Judgement pronouncement: “Material resource” under Article 39(b) does not include all private property, holds SC
The nine judges led by CJI Chandrachud also unanimously held that Article 31C remains in the Constitution after Minerva Mills (1980)
Analysis
Supreme Court to decide whether private property is a “material resource of the community”
The other key question is whether a law advancing wealth redistribution DPSPs can be challenged on grounds of inconsistency with Part III
Analysis
The end of the Chandrachud era
Analysing the tenure of the longest-serving Chief Justice since 2012 doesn’t lend itself to easy generalisations and pithy one-liners
Analysis
Justice Khanna’s era begins
As the incoming Chief Justice, Sanjiv Khanna has the enviable task of balancing continuity with fresh reforms
Hearing Reports
Challenges to the Marital Rape Exception | Day 2: CJI Chandrachud-led bench defers hearings
Given that several counsels wanted at least a day each to argue, concluding the case before CJI Chandrachud's retirement proved impossible
Hearing Reports
Challenges to the Marital Rape Exception | Day 1: The law is patriarchal and violates the fundamental rights of married women, argue petitioners
The petitioners also contended that striking down the marital rape exception from penal laws would not amount to creating a new offence
Analysis
Kolkata rape and murder case | The NTF must complete its work within a reasonable time, says Supreme Court
The Court also received updates from the West Bengal government and directed it to detail how civic volunteers are hired within three weeks
Channel
‘Complete justice’ under Article 142 of the Constitution
We explore the many facets of Article 142 and how it has evolved over the years.
Analysis
2024 Monsoon Session Review
The monsoon winds brought with them two Constitution Bench decisions, several suo moto cases and a shifting trend in PMLA bail jurisprudence
Court Data
September 2024: Disposal continues at a steady pace
The Court disposed of 79 cases more than in August but didn’t manage to surpass the annual high of July
Analysis
The many discretions of ‘complete justice’
The Court has often clarified that Article 142 is not an overriding provision, but the fact is that it has sometimes operated as one
Analysis
Kolkata rape and murder case | “Why is the progress so tardy?” Supreme Court asks West Bengal government
The bench reviewed the CBI’s fourth status report in the case and stressed that the deceased doctor’s identity be protected
Analysis
The Listing Game
Listing at the SC has been plagued by uncertainty. As the Chief nears the end of his tenure, the call for reform is reaching its crescendo
Analysis
Supreme Court accepts Justice Srishananda’s ‘unconditional’ apology, dismisses suo moto case
The court noted that judges had to be aware of their predispositions to deliver fair and objective decisions
Channel
R.G. Kar Medical College rape and murder case: Updates from the Supreme Court
Everything that happened at the Supreme Court over five days of hearings in the R.G. Kar rape and murder case
Analysis
Kolkata rape and murder case | Women doctors want equal opportunities, not concessions, says Supreme Court
Junior doctors informed the bench that they would return to work if “confidence-building” measures are undertaken by the state government
Court Data
August 2024: Disposal drops by over 1100 cases despite top court working at full strength
In its first full month back from summer vacation, the Court’s daily average disposal of cases dropped by 84 compared to July
Channel
“Group-based sub-classification does not really ensure more substantive equality”: Dr. Surendranath on the sub-classification judgement
In an interview with the Supreme Court Observer, Dr Anup Surendranath discusses the impact of the sub-classification judgement
Hearing Reports
Appointment of arbitrators by ineligible persons | Day 3: Five-judge bench reserves judgement
Intervenors argued that the Arbitration Act did not prevent persons who could not be arbitrators from appointing one
Hearing Reports
Appointment of arbitrators by ineligible persons | Day 2: Party autonomy is ingrained in the Arbitration Act, argues Union
Other PSUs and NBFIs argued that there are enough checks and balances in the Arbitration Act to ensure impartiality of the tribunal
Hearing Reports
Appointment of arbitrators by ineligible persons | Day 1: Unilateral appointment of panel violates equal treatment, argue private contractors
Petitioners also argued that a person who was ineligible to be an arbitrator could not appoint one
Analysis
‘Enlightened liberality’ and suo moto powers
It may be cynical to view the Supreme Court’s suo moto cognisance of the Kolkata rape and murder case merely as an optics game
Analysis
Kolkata rape and murder case | No coercive action against protesting doctors who return to work, says Supreme Court
The bench also reviewed the CBI’s status report and directed the National Task Force to factor in concerns of doctors and other stakeholders
Analysis
Kolkata rape and murder case | “We are here,” Supreme Court assures doctors; sets up National Task Force
The Court also directed the CBI to file a status report of its investigation of the R.G. Kar Hospital rape and murder incident by 22 August
Court Data
July 2024: Most number of cases filed and disposed so far this year
On its return from summer vacation, the Court in July notched a healthy average daily disposal rate of 365 cases
Channel
Sub-classification within reserved categories: Judgement explainer
We breakdown key findings and observations of the Supreme Court's decision to uphold sub-classification within the reserved categories
75 Years of the Supreme Court
The First Eight
As part of our special series on the Supreme Court’s 75th anniversary, we take a brief look at the lives and times of the first eight judges
Analysis
Special Benches and suo moto hearings
The sub-classification decision has dominated Supreme Court coverage but here’s a recap of other noteworthy developments in August so far
Analysis
Five must-reads on the sub-classification decision
SCO curates a list of articles to convey the range of predictions, reactions and concerns around how the decision will play out in practice
Hearing Reports
Sub-Classification Within Reserved Categories | Judgement Matrix
Seven judges in a 6:1 ratio upheld sub-classification with the SC/ST category. SCO’s matrix breaks down the 565-page judgement
Hearing Reports
Sub-Classification Within Reserved Categories | Judgement Summary
The Court upheld sub-classification within the Scheduled Caste category and noted that it must be based on empirical evidence
Hearing Reports
Sub-Classification Within Reserved Categories | Judgement Pronouncement: Supreme Court upholds sub-classification in 6:1 majority
The bench held that states had the power to create sub-classifications and that it did not hamper the President’s powers under Article 341
Analysis
Supreme Court endorses Jharkhand High Court’s order granting Hemant Soren interim bail
The top court dismissed the Enforcement Directorate’s challenge to the High Court’s order reasoning that it was “well reasoned”
Channel
Upcoming Constitution Bench decisions in 2024
Before the Chief retires, Constitution Benches led by him must deliver verdicts in cases about, reservation, tax, minority status and more
Analysis
A new avenue for state revenue
A nine-judge bench in one of the longest pending cases confirmed that only states have the power to tax mineral-bearing land
Analysis
Supreme Court directs NTA to publish centre-wise results of 2024 NEET UG exam
Petitioners demanding a retest questioned the accuracy and completeness of a data analysis conducted by IIT-Madras on the exam results.
Channel
Two new judges take oath at the Supreme Court (July 2024)
Justices Kotiswar Singh and R. Mahadevan took oath as judges to the Supreme Court.
Channel
Supreme Court after the summer break: 2024
Recapping the Supreme Court's first week back after its seven-week summer vacation.
Analysis
Union government appoints two new judges to the Supreme Court, restores full sanctioned strength
Justices Kotiswar Singh and R. Mahadevan’s appointments are intended to improve representation of North-East India and backward communities
Analysis
After the break
The Court’s first week back saw a number of decisions including interim bail for Arvind Kejriwal, a review petition and Collegium activity
Court Data
June 2024: Vacation Benches of the Supreme Court clear 613 cases in its summer holiday month
Vacation Benches which assembled everyday to hear urgent matters cleared 23 percent of cases instituted in June 2024
Analysis
Which Constitution Bench judgements can we expect in the second half of 2024?
Before the Chief retires, benches led by him must deliver verdicts in cases about citizenship, reservation, tax, minority status and more
Analysis
Constitution Bench cases coming up in the second half of 2024
Once the Court resumes functioning on 8 July 2024, what are the Constitution Bench cases on its docket in the new term?
Channel
Commissions and Omissions
How will the executive-judiciary tussle around appointments play out in the Bharatiya Janata Party’s third term?
Analysis
The final decree
The government’s messaging on India being arbitration-friendly has been somewhat muddied by recent developments—in court and outside it
Court Data
May 2024: Supreme Court records lowest disposal rate of the year so far, as it breaks for summer vacation
Yet, May was the month when the Court recorded the highest daily average of disposal this year—278 cases a day
Analysis
Commissions and Omissions
How will the executive-judiciary tussle around appointments play out in the Bharatiya Janata Party’s third term?
Hearing Reports
Nature of Private Property | Arguments Matrix
SCO breaks down the key arguments in a case where Mumbai-based landlords challenged the state government’s takeover of their property
Court Data
April 2024: Top court received 800 more cases than it cleared
Even though a fourth of the Court was occupied in Constitution Bench hearings for 10 days in April, the Court disposed of 4813 cases
Analysis
From Swamy to ADR: Nine VVPAT related cases decided by the Supreme Court
SCO lists key cases filed before the top court in the past decade seeking more transparency in the EVM-VVPAT system in India
Hearing Reports
VVPAT Verification | Judgement Summary
A Division Bench of the Supreme Court unanimously rejected the plea seeking 100 percent vote verification using VVPATs
Analysis
Granting Kejriwal interim bail sends the message that the law treats politicians differently, ED argues
The Court observed that if interim bail is granted, Kejriwal should not perform official duties as Chief Minister
Channel
VVPATs for Vote Verification | Case Explainer
A Division Bench of the Supreme Court rejected a plea seeking 100 percent vote verification through VVPATs
Hearing Reports
Nature of private property | Day 5: Respondents continue arguments in favour of Article 31C survival; nine-judge bench reserves judgement
In the rejoinder, petitioners reiterate that only parliamentary action can revive Article 31C after Minerva Mills
Hearing Reports
Nature of private property | Day 4: “Material resource of the community” cannot be restricted to what is owned by the State, argue respondents
Respondents also argued that part of Article 31C continued to exist in the Constitution after Minerva Mills
Hearing Reports
Nature of private property | Day 3: Article 31C stands inoperative after Minerva Mills decision, petitioners argue
‘Resource’ under Article 39(b) has an economic basis; concept of property has evolved over time, Attorney General R. Ventakatramani argued
Hearing Reports
Nature of private property | Day 2: Nine-judge Bench says it’s essential to decide the position of Article 31C
Contrasting yesterday’s observations, the bench noted that there would be “a radical constitutional consequence” if Article 31C didn’t exist
Hearing Reports
Nature of private property | Day 1: Dilapidated buildings are not “material resources”, argue petitioners
The Bench observed that the reference in the case was limited to whether “private property” fell under the ambit of Article 39(b)
Hearing Reports
VVPAT Verification | Day 2: Not a single instance of vote-tampering has been found, ECI tells Supreme Court
After a detailed discussion over two days on the process of the VVPAT vote verification, Supreme Court reserved judgement in the case
Court Data
March 2024: A week-long Holi vacation slowed down Supreme Court’s disposal rates
Institution and disposal rates dip at the top court in the end of first quarter
Hearing Reports
VVPAT Verification | Day 1: Paper-trails are essential to protect voters’ right to know, argue petitioners
The Bench while expressing reservations on the petitioner’s apprehensions, questioned the ECI on the voting and verification processes
Analysis
Justice Aniruddha Bose’s Notable Judgements
During his five-year tenure at the Supreme Court, Justice Bose was part of several Constitution Benches that delivered crucial judgements
Channel
Legislative immunity for lawmakers | Case Explainer
A seven-judge bench of the Supreme Court unanimously held that a lawmaker does not enjoy immunity in cases of bribery
Analysis
Manifesting a new judiciary
From appointment commissions to a Chennai branch of the top court—here’s what election manifestos are promising on the judicial front
Hearing Reports
Validity of automatic vacation of stay orders | Judgement Summary
A Constitution Bench held that stay orders of High Courts cannot lapse automatically
Court Data
February 2024: A full-strength Supreme Court continued its healthy disposal streak
The Court’s institution and disposal rate last month was the highest over the past five Februaries
Hearing Reports
Election Commissioner Appointments | Supreme Court refuses to stay the 2023 Act before 2024 General Elections
The Court questioned the Union on procedural inconsistencies in appointing the two new Election Commissioners
Hearing Reports
MLA Bribery | Judgment Summary
A seven-judge Constitution Bench unanimously held that lawmakers are not entitled to immunity in bribery cases
Hearing Reports
Citizenship Amendment Act | Supreme Court refuses to stay the CAA rules; directs Union to file responses to interim stay applications
The Court set a three-week deadline for the Union to respond, case to heard next after Holi break
Analysis
Undoing an absurdity
The Supreme Court’s decision in the Sita Soren case overrules a 26-year-old judgement on the extent of legislative immunity
Hearing Reports
MLA Bribery | Supreme Court holds “Bribery is not protected by parliamentary privilege”
A seven-judge Bench holds that legislators do not enjoy constitutional immunity for accepting bribes to vote in Parliament or State Assembly
Channel
Sub-classification within reserved categories | Arguments summary
A seven-judge Constitution Bench reserved judgement on the validity of sub-classifications within reserved categories
Court Data
72% of all High Courts are represented in the Supreme Court
Seven out of 25 High Courts lack representation in the top court. This includes four north-eastern states, J&K, Orissa and Jharkhand
Hearing Reports
Validity of automatic vacation of stay | Constitution Bench overturns Asian Resurfacing, holds stay orders cannot be automatically vacated
Five-Judge Bench stated that a constitutional court should not fix a time-bound schedule for the disposal of cases
Analysis
Supreme Court declares AAP’s Kuldeep Kumar as the Mayor of Chandigarh; sets aside old election results
The Bench led by the Chief Justice held the Presiding Officer accountable for ballot tampering and directed a show cause notice to be issued
Analysis
“Where is your power to mark the ballot papers?” Supreme Court asks Presiding Officer of Chandigarh mayoral election
The Court ordered all the ballot papers to be placed before it by 2:00pm tomorrow and directed their safe transport from Chandigarh
Hearing Reports
Sub-classification within reserved categories | Arguments Matrix
Our matrix highlights five key issues argued before the Constitution Bench on the validity of sub-classification within reserved categories
Hearing Reports
Tripura UAPA Charges | Day 3: Petitioners withdraw case from the Supreme Court, seek permission to approach the High Court
Bench requests State government not to take any coercive action against the petitioners for at least two weeks
Court Data
January 2024: Increase in institution of cases; disposal continues at a brisk rate
Despite seven judges being occupied by the AMU hearings for seven days, the Court managed to dispose of 5,453 cases in January
Analysis
‘The battle of backwardness within backwardness’
The top court's reconsideration of a 20-year-old judgement could be pivotal in clarifying that caste can also be a class category
Hearing Reports
Sub-classification within reserved categories | Day 3: States do not have legislative competence to create sub-classification, respondents argue
They also contended that SCs are a homogenous group in the constitutional scheme; Bench reserves judgement after petitioners’ rejoinder
Hearing Reports
Sub-classification within reserved categories | Day 2: Petitioners endorse “unequal treatment for unequals”; stress that presidential list does not preclude sub-classification
In a rare instance, the Union and some non BJP-ruled state governments found themselves on the same side of the argument.
Hearing Reports
Sub-classification within reserved categories | Day 1: Petitioners argue Scheduled Castes are not an indivisible, homogenous class
In front of seven judges, petitioners challenged the correctness of a five-judge bench’s decision in Chinnaiah v State of AP
Hearing Reports
Clashing Calcutta HC Orders | Day 2: Supreme Court transfers case concerning issuance of fake SC/ST certificates to itself
In a brief hearing today, the Special Bench led by CJI Chandrachud directed the parties to file pleadings within three weeks
Analysis
A Special Bench assembles on a Saturday
A Calcutta High Court judge’s accusation of political bias against a brother judge saw the Supreme Court swing into action
Analysis
Contradictory Orders of the Calcutta High Court: Special Bench of the Supreme Court stays proceedings
The Special Bench comprising five seniormost judges of the Supreme Court will assemble on 29 January 2024 to hear the case on merits
Hearing Reports
Clashing Calcutta HC Orders | Day 1: Supreme Court suspends all proceedings concerning issuance of fake SC/ST certificates
The Special Bench issued notice to the parties in the case and decided to hear the case on Monday 29 January 2024
Analysis
A temple is consecrated
In the Ram Janmabhoomi litigation, more than a century of faith-based contestation came down to possessory rights in a title suit
Analysis
“In choosing the essential practices test, Indian courts have shaded out alternative doctrinal approaches”: Mathew John
The author of ‘India’s Communal Constitution’ on the balance between individual rights, religious identities and the Uniform Civil Code
Hearing Reports
Early Release of Bilkis Bano Convicts | Judgement Matrix
SCO’s judgement matrix breaks down the 250-page judgement which quashed the Gujarat government's remission of 11 convicts in the case
Analysis
2023 Supreme Court Review: Federalism
In two Constitution Bench cases, the Court clarified centre-state relationships in an asymmetric federal structure
Court Data
High institution, high disposal of cases in a busy year for the Supreme Court
Cases instituted in 2023 crossed pre-pandemic levels from 2019 but disposal rate was particularly healthy at 96 percent
Analysis
Supreme Court Review 2023: Freedom of Speech
The Court ruled in favour of media outlets in some free speech cases though the key sedition matter is moving at a glacial pace
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.
Analysis
Supreme Court Review 2023: Arbitration
Two Constitution Bench cases expanded the ambit of arbitration in India
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
Validity of an Unstamped Arbitration Agreement | Judgement Pronouncement
Supreme Court overrules decision in NN Global, holds that an unstamped arbitration agreement is inadmissible but not void
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
Channel
“If the judiciary doesn’t stand up for its own independence, I don’t think the Bar can do that much”: C.U. Singh
Senior Advocate C.U. Singh stressed on the importance of the judiciary standing up for itself and the access to technology in lower courts
Hearing Reports
Group of Companies Doctrine in Arbitration Proceedings | Judgement Pronouncement
Supreme Court upholds Group of Companies Doctrine, says non-signatories may be bound by arbitration agreements
Channel
“Nobody is going to give you a floor unless you prove yourself to be…very efficient”: Justice Naima Haider
Justice Naima Haider of the Supreme Court of Bangladesh spoke about the judicial system in Bangladesh, diversity in courts and more
Hearing Reports
Judicial Vacancies in Lower Courts | Day 5: Jharkhand, Karnataka and Kerala to submit compliance report by 30 April 2024
The Court directed members from the High Courts, state governments and the bar to resolve infrastructural issues together
Channel
“When it comes to women advocates, the family has to cooperate”: Justice B.V. Nagarathana
In a conversation with SCO, Justice Nagarathna spoke about women in the judiciary, access to justice in the digital age and more.
Analysis
PMLA provisions need to be reconsidered by a larger bench, argue petitioners
In Vijay Mandanlal, a three-judge Bench had upheld the wide powers of the ED while also holding that the PMLA is not a penal statute
Analysis
Supreme Court directs High Courts to register suo moto case for speedy disposal of criminal cases against legislators
A year ago, there were more than 5000 criminal cases pending across the country against current or former legislators
Channel
Privacy v Transparency: The Electoral Bonds Story
What impact does the Electoral Bonds Scheme have on the Indian Democracy? What is the challenge against it?
Analysis
Guidelines for search and seizure of digital devices a must under right to privacy, Supreme Court says
Supreme Court directs Union to frame guidelines for search and seizure of digital devices by investigative agencies
Channel
SCO Explains: Validity of an Unstamped Arbitration Agreement
As a seven-judge bench deliberates the validity of an unstamped arbitration agreement, we detail everything that has happened so far
Analysis
Validity of an unstamped arbitration agreement: Everything that’s happened at the Supreme Court so far
As a seven-judge bench deliberates the validity of an unstamped arbitration agreement, we detail what the case is about
Channel
Precedential Value: What were the cases cited in the Article 370 hearings?
Four cases were in the forefront of the Article 370 Constitution Bench hearings. What was their relevance?
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
Justice S.R. Bhat’s Notable Judgements
During his four-year tenure at the Supreme Court, Justice Bhat has authored judgements in crucial constitution bench cases
Analysis
Can’t seek the effect of a review petition in an appeal: Solicitor General cautions against abuse of process in PMLA Review
Senior Advocate Kapil Sibal asserts PMLA decision is unconstitutional. Bench to hear the case in November
Analysis
Many a slip between jail and bail?
The Supreme Court must take into account both structural and practical issues that cause delays at every stage of the bail process
Analysis
Validity of an Unstamped Arbitration Agreement | Seven-judge bench reserves judgement
Arguments on Day 2 centred on whether the validity of the agreement is a matter for the Court to decide or the arbitral tribunal
Hearing Reports
Validity of an Unstamped Arbitration Agreement | Day 2: Seven-judge bench reserves judgement
Arguments on Day 2 centred on whether the validity of the agreement is a matter for the Court to decide or the arbitral tribunal
Analysis
Validity of an Unstamped Arbitration Agreement | Seven-Judge Bench hears arguments against the decision in NN Global
A curable defect in procedure cannot render the arbitration agreement void, petitioners argue
Hearing Reports
Validity of an Unstamped Arbitration Agreement | Day 1: Seven-Judge Bench hears arguments against the decision in NN Global
A curable defect in procedure cannot render the arbitration agreement void, petitioners argue
Analysis
Article 19: Prescription, procedure and the press
DESK BRIEF: Recently, it seems that the prescriptive aspect of Article 19 is only a poetic indulgence when faced with media rights
Hearing Reports
Judicial Vacancies Update | Day 2: Supreme Court dismisses Haryana Government’s application to oversee examinations in the state
Bench states there is no objective data to prove the High Court Committee cannot continue monitoring exams
Hearing Reports
Assam’s National Register of Citizens | Constitution Bench to hear arguments from 17 October 2023
Bench to decide if Section 6A of the Citizenship Act 1955 suffers from any “constitutional infirmity.”
Hearing Reports
Challenge to Extended Reservations in the Lok Sabha and State Legislative Assemblies | Is the 104th Constitutional Amendment Unconstitutional?
Supreme Court to decide the validity of the constituent powers of amendment to extend the prescribed reservation period
Hearing Reports
MLA Bribery | Seven-judge bench to reconsider a 25-year-old judgement on constitutional immunity for lawmakers
Time to relook Narasimha Rao v State since it concerns a question that affects “morality of polity”, says Supreme Court
Analysis
“What is your locus?” Optics, politics & frivolity in Public Interest Litigation
In recent years, PIL has become an extension of the political theatre while voices from the ground, stay silent still.
Analysis
Political interests, personal agendas, bland orders: Have PILs strayed from their intended purpose?
There’s been an unprecedented increase in the number of petitions in recent years, but experts suggest that the SC is less PIL-friendly
Analysis
How can we be prosecuted for a report? Editors Guild asks Manipur Government at Supreme Court
Top Court extends protection to members of Editors Guild till 15 September 2023, when it will consider transfer of case to Delhi High Court
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
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
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.
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.
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.
Analysis
Union Bill Seeks to Nullify Another Supreme Court Judgement
DESK BRIEF: New Bill proposes a three-member committee with two members of the ruling party to nominate members of the Election Commission.
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.
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.
Hearing Reports
Early Release of Bilkis Bano Convicts | Day 4: Petitioners Highlight the Heinous Nature of Crimes Committed
Adv. Shobha Gupta submitted that the convicts did not qualify for early release as the crimes they committed against Bilkis Bano were grave.
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.
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.
Analysis
Monthly Review: July 2023
In July, the top Court returned from summer vacation and continued to hear Constitution Bench cases and delivered key judgements.
Court Data
Where are the Seven and Nine Judge Constitution Benches?
Constitution Benches assembled 55 times in the first half of 2023. None of them were seven and nine-judge Benches.
Analysis
Understanding the Abrogation of Article 370: Origin and Impact
The Supreme Court will decide the extent of the Union’s powers to make laws for Jammu and Kashmir and abrogate Article 370.
Hearing Reports
Supreme Court Extends Tenure of Incumbent ED Director Sanjay Mishra till September
The Bench clarified Mishra would seize to be the ED’s Director at midnight on September 15, 2023.
Court Data
Half-Yearly Five-Judge Constitution Bench Pendency | 2023
The Supreme Court heard and decided several five-Judge Constitution Bench cases this year, leading to a drop in the number of pending cases.
Analysis
The ‘Modi’ Defamation Case Against Rahul Gandhi: The Story So Far
The Supreme Court to decide if Mr. Rahul Gandhi’s conviction for defamation must be stayed and his disqualification from Parliament quashed.
Hearing Reports
Challenge to Delhi Service Ordinance | Day 3: Bench Refers Case to a Constitution Bench
The challenge to the Delhi Ordinance will be heard after the Court completes hearing the challenge to the abrogation of Art. 370.
Hearing Reports
Altering Rules on Appointment to Public Posts | Day 3: Bench Reserves Case for Judgement
The Bench heard various proposals from petitioners on how to ensure that rules during the appointment process are not altered arbitrarily.
Hearing Reports
Altering Rules on Appointment to Public Posts | Day 2: Gujarat, Gauhati, Patna, Rajasthan
The Bench de-tagged cases from different High Courts, and began to address the question of the reference Order.
Hearing Reports
Altering Rules on Appointment to Public Posts | Day 1: Manipur
The Supreme Court reverted the case challenging the Manipur HC’s 2015 Resolution about District Judge appointments to a 3-Judge Bench.
Hearing Reports
Altering Rules on Appointment to Public Posts | Day 1: Kerala
The Supreme Court held that the Administrative Tribunal of the Kerala High Court was wrong to impose a cut-off for the viva interview.
Hearing Reports
Abrogation of Article 370: Constitution Bench to Hear Arguments from Aug 2, 2023
Constitution Bench decides to hear the case on merits from August 2nd, 2023.
Hearing Reports
Challenge to Delhi Service Ordinance | Day 1
Supreme Court to consider the plea seeking stay on the Union’s Ordinance on July 17th, 2023.
Analysis
Justice Krishna Murari: Notable Judgements and Cases
Justice Krishna Murari authored over 60 judgements in his 3.75-year tenure at the SC.
Court Data
Only 107 of 788 Sitting High Court Judges are Women
With hardly any senior women judges in India's High Courts, gender diversity at the Supreme Court will take a hit.
Court Data
Justice V. Ramasubramanian: Number of Judgements Authored
Justice Ramasubramanian authored 102 judgements during his 3.75-year tenure at the SC.
Court Data
Justice V. Ramasubramanian: Rate of Judgement Authorship
Justice Ramasubramanian has authored judgements in 32.6% of the benches he was part of.
Analysis
Justice V. Ramsubramanian: Tenure in Numbers
Justice V. Ramasubramanian retires after a 3.75-year tenure, having written over 100 Judgments.
Channel
Next 8 CJIs of India
If the seniority principle is followed, these 8 Judges will lead the Supreme Court of India as Chief Justice till 2031.
Court Data
Expected Tenures of the Next 8 Chief Justices of India
Only 2 out of the upcoming 8 Chief Justices will serve a tenure of more than 1 year.
Analysis
Next 8 Chief Justices of India
If the seniority principle is followed, these 8 Judges will lead the Supreme Court of India as Chief Justice till 2031.
Hearing Reports
Validity of Circumstantial Evidence in Bribery Cases: Judgement Summary
A 5-Judge Constitution Bench unanimously held that a public servant could be convicted for bribery based on circumstantial evidence.
Court Data
Justice K.M. Joseph: Number of Judgements Authored
Justice K.M Joseph was the fifth highest judgement contributor at the SC at the time of his retirement.
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
Justice Ajay Rastogi’s Notable Judgements
The 4th senior most Judge of the SC, Justice Rastogi, has authored 158 judgements.
Court Data
Justice K.M. Joseph: Rate of Judgement Authorship
Justice K.M. Joseph has authored judgements in 33% of the Benches he was part of.
Channel
Union v Local Government: Battle for Delhi’s Governance
Who should have the power to govern Delhi? In this episode of SCO Explains, we dive into the clash over control, and try and understand why
Analysis
Justice K.M. Joseph: Tenure in Numbers
Justice K.M Joseph retires after a 4.75-year tenure, having written over 130 Judgments.
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.
Court Data
In 5 Months, the SC Conducted a Remarkable 55 CB Hearings
After a long time, the Court is abuzz with Constitution Bench activity, with hearings in 16 cases and Judgements in 13.
Analysis
Amidst Cabinet Reshuffle, India Gets New Law Minister
Mr. Kiren Rijiju replaced as Law Minister after a tenure of nearly two years, with Mr. Arjun Ram Meghwal.
Court Data
SC’s Live Transcription Project: A Failed Experiment?
Since the launch of the live transcription project, only 36% of Constitution Bench hearings have been transcribed.
Hearing Reports
Plea for Marriage Equality: Argument Matrix
What were the issues and the arguments raised on both sides in the plea for marriage equality?
Channel
Plea for Marriage Equality Day #10
The petitioners concluded their rejoinder arguments and the Bench reserved judgement.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #10
The petitioners concluded arguments in response to the submissions against the recognition of the right to marry.
Channel
Plea for Marriage Equality Day #9
The respondents reiterated that Parliament was the only competent authority to recognise marriage equality.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #9
Respondents cite the welfare of children and the impact of marriage on society to argue against LGBTQIA+ marriages.
Channel
SCO Daily: Plea for Marriage Equality: Day 8
As the arguments in the plea for marriage equality reach the finish line, the Bench deliberates if there is a fundamental right to marry.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #8
The Bench pondered over a broader question: Does a fundamental right to marry exist?
Analysis
The Challenge to the Appointment of 68 Judicial Officers in Gujarat
Has the Gujarat HC breached the ‘merit-cum-seniority’ rule in its recent Judicial appointments?
Analysis
Rights of Marriage or the Right to Marry?
As the focus of the Marriage Equality hearings shifts to the ancillary rights of marriage, SCO examines the way forward.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #7
Union informed the Bench that it would consider making administrative changes to grant certain rights to LGBTQIA+ couples.
Hearing Reports
SC’s Power To Directly Grant Divorce: Judgement Pronouncement
A 5-Judge Constitution Bench held the SC could, as a Court of first instance, grant divorce on the grounds of ‘irretrievable damage.’
Analysis
The Union’s Case Against Marriage Equality
DESK BRIEF: Union argues that the right to sexual autonomy does not include the right to compel the State to recognise LGBTQIA+ marriages.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #6
The Union argued that the SC could not address the marriage equality issue without delving into personal law issues.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #5
Union argued that recognising the right to marry for all classes of persons in the LGBTQIA+ spectrum would lead to legal complications.
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #4
Can the SC deny marriage equality to the queer community to avoid practical difficulties that may arise out of the law?
Hearing Reports
Plea for Marriage Equality: Constitution Bench Day #1
SC recommends restricting the petitions seeking recognition of same-sex marriage to the Special Marriage Act, of 1954.
Hearing Reports
WhatsApp’s Privacy Policy Day #3
Attorney General R. Venkataramani assured the Court that the Digital Data Protection Bill, 2022 would be introduced in Parliament in July.
Analysis
Must Reads: Legal Recognition of Same-Sex Marriage
DESK BRIEF: Five must-reads that will help you understand the debate surrounding the legalisation of same-sex marriage.
Analysis
Understanding the Shiv Sena Conflict
SCO consolidates everything you need to know about the Shiv Sena Conflict
Hearing Reports
CBI/ED Tenure Extension Day #2: Petitioners Argue Tenure Extensions Oppose Past SC Decisions
The Bench heard arguments stating that tenure extensions compromised CBI/ED independence.
Analysis
SCO Shorts: Plea for Marriage Equality
A 5-Judge Constitution Bench will decide the validity of same-sex marriages in India. SCO breaks down the case here.
Hearing Reports
Additional Compensation for Bhopal Gas Tragedy Victims: Judgement Summary
Supreme Court dismissed the Union’s curative petition seeking additional compensation for Bhopal Gas Tragedy victims.
Hearing Reports
Plea for Marriage Equality #1: SC Refers Plea to 5-Judge Constitution Bench
The Constitution Bench will begin hearing arguments on the case from April 18th, 2023.
Analysis
The SC’s Attempt to Mitigate Executive Interference
DESK BRIEF: Two recent decisions by the SC aim to decrease the Executive's interference in the functioning of autonomous bodies.
Analysis
February Monthly Review: New Judges, Notable Hearings, and Technological Developments
The SC delivered two Constitution Bench decisions while also introducing significant infrastructural initiatives.
Hearing Reports
Maharashtra Political Crisis Day #9: Shinde Faction Argues SC Cannot Speculate on Hypothetical Circumstances
Sr. Adv. Harish Salve argued that it is not permissible for the SC to decide matters of defection based on Assumptions of fact.
Analysis
AI and the Law: A New Era in the Justice System?
SCO takes a glance into the use of AI in legal spaces around the world.
Hearing Reports
Maharashtra Political Crisis Day #6: Sr. Adv. Kapil Sibal Argues That the Governor Wrongly Called For a Trust Vote
The Uddhav Thackeray faction argued that they must be reinstated as the Maharashtra government since they were wrongfully ousted.
Analysis
Insights Into a Supreme Court at Full Strength
DESK BRIEF: The Union cleared 7 SC judge appointments within a week returning the SC to its full sanctioned strength of 34 Judges.
Hearing Reports
Judicial Vacancies Update #1: SC Directs Gujarat to Clear Pending Appointments
The SC questioned the Gujarat government on its 8-year delay in carrying out judicial appointments and infrastructure development.
Channel
SCO Daily: Is WhatsApp violating the Right to Privacy?
The Court decided to hear the case after Parliament considers the Digital Data Protection Bill, 2022
Hearing Reports
WhatsApp Privacy Policy Day #2: Bench Decides to Hear Case in April
The Bench will hear the matter after the Digital Data Protection Bill, 2022 is introduced in the Parliament to avoid overlap with it.
Hearing Reports
WhatsApp Privacy Policy Day #1: Union Seeks to Postpone Hearing
Solicitor General Tushar Mehta claimed the Personal Data Protection Bill, 2022 would resolve the petitioner’s issues.
Hearing Reports
Adultery in Armed Forces Day #1: Court Clarifies Judgement does not Concern Armed Forces Enactments
The Constitution Bench observed that the Joseph Shine Judgment was not relevant to cases under the Armed Forces Enactments.
Channel
SCO Explains: The Bhopal Gas Tragedy, 40 Years Later
The SC will decide if the emergence of new facts justifies the Union's plea to increase compensation granted to Bhopal Gas Tragedy victims.
Hearing Reports
Anti-Conversion Laws Day #1: Bench Orders Parties to File Transfer Petitions Within 2 Weeks
Parties from both sides argued that the Bench should transfer all the pending challenges to anti-conversion laws to the SC.