R. Sai Spandana

Recent decisions of the top court acknowledge the need for procedural reform but there is no sign of the all-important Constitution Bench

The new Chief Justice’s decision to halt regular hearings resulted in a 16 percent increase in disposal rate in November 2024

October 2024 saw the highest institution and disposal of cases in the month compared to October 2022 and 2023

The bench held that equality of parties was crucial but the judges split on whether unilateral appointments breach constitutional principles

The decision of the Court will also clarify if a person who cannot be an arbitrator is eligible to appoint one

Even as all judges agreed that Article 31C remained in the Constitution, they split on whether Article 39(b) included private property

The five-judge bench held that any permissible changes to the rules of the recruitment process must be notified in advance

Can government employers set aside previously established procedural rules to ensure only the most suitable persons are appointed?

The nine judges led by CJI Chandrachud also unanimously held that Article 31C remains in the Constitution after Minerva Mills (1980)

The other key question is whether a law advancing wealth redistribution DPSPs can be challenged on grounds of inconsistency with Part III

Analysing the tenure of the longest-serving Chief Justice since 2012 doesn’t lend itself to easy generalisations and pithy one-liners

As the incoming Chief Justice, Sanjiv Khanna has the enviable task of balancing continuity with fresh reforms

Given that several counsels wanted at least a day each to argue, concluding the case before CJI Chandrachud's retirement proved impossible

The petitioners also contended that striking down the marital rape exception from penal laws would not amount to creating a new offence

The Court also received updates from the West Bengal government and directed it to detail how civic volunteers are hired within three weeks

We explore the many facets of Article 142 and how it has evolved over the years.

The monsoon winds brought with them two Constitution Bench decisions, several suo moto cases and a shifting trend in PMLA bail jurisprudence

The Court disposed of 79 cases more than in August but didn’t manage to surpass the annual high of July

The Court has often clarified that Article 142 is not an overriding provision, but the fact is that it has sometimes operated as one

The bench reviewed the CBI’s fourth status report in the case and stressed that the deceased doctor’s identity be protected

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

The court noted that judges had to be aware of their predispositions to deliver fair and objective decisions

Everything that happened at the Supreme Court over five days of hearings in the R.G. Kar rape and murder case

Junior doctors informed the bench that they would return to work if “confidence-building” measures are undertaken by the state government

In its first full month back from summer vacation, the Court’s daily average disposal of cases dropped by 84 compared to July

In an interview with the Supreme Court Observer, Dr Anup Surendranath discusses the impact of the sub-classification judgement

Intervenors argued that the Arbitration Act did not prevent persons who could not be arbitrators from appointing one

Other PSUs and NBFIs argued that there are enough checks and balances in the Arbitration Act to ensure impartiality of the tribunal

Petitioners also argued that a person who was ineligible to be an arbitrator could not appoint one

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

The bench also reviewed the CBI’s status report and directed the National Task Force to factor in concerns of doctors and other stakeholders

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

On its return from summer vacation, the Court in July notched a healthy average daily disposal rate of 365 cases

We breakdown key findings and observations of the Supreme Court's decision to uphold sub-classification within the reserved categories

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

The sub-classification decision has dominated Supreme Court coverage but here’s a recap of other noteworthy developments in August so far

SCO curates a list of articles to convey the range of predictions, reactions and concerns around how the decision will play out in practice

Seven judges in a 6:1 ratio upheld sub-classification with the SC/ST category. SCO’s matrix breaks down the 565-page judgement

The Court upheld sub-classification within the Scheduled Caste category and noted that it must be based on empirical evidence

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

The top court dismissed the Enforcement Directorate’s challenge to the High Court’s order reasoning that it was “well reasoned”

Before the Chief retires, Constitution Benches led by him must deliver verdicts in cases about, reservation, tax, minority status and more

A nine-judge bench in one of the longest pending cases confirmed that only states have the power to tax mineral-bearing land

Petitioners demanding a retest questioned the accuracy and completeness of a data analysis conducted by IIT-Madras on the exam results.

Justices Kotiswar Singh and R. Mahadevan took oath as judges to the Supreme Court.

Recapping the Supreme Court's first week back after its seven-week summer vacation.

Justices Kotiswar Singh and R. Mahadevan’s appointments are intended to improve representation of North-East India and backward communities

The Court’s first week back saw a number of decisions including interim bail for Arvind Kejriwal, a review petition and Collegium activity

Vacation Benches which assembled everyday to hear urgent matters cleared 23 percent of cases instituted in June 2024

Before the Chief retires, benches led by him must deliver verdicts in cases about citizenship, reservation, tax, minority status and more

Once the Court resumes functioning on 8 July 2024, what are the Constitution Bench cases on its docket in the new term?

How will the executive-judiciary tussle around appointments play out in the Bharatiya Janata Party’s third term?

The government’s messaging on India being arbitration-friendly has been somewhat muddied by recent developments—in court and outside it

Yet, May was the month when the Court recorded the highest daily average of disposal this year—278 cases a day

How will the executive-judiciary tussle around appointments play out in the Bharatiya Janata Party’s third term?

SCO breaks down the key arguments in a case where Mumbai-based landlords challenged the state government’s takeover of their property

Even though a fourth of the Court was occupied in Constitution Bench hearings for 10 days in April, the Court disposed of 4813 cases

SCO lists key cases filed before the top court in the past decade seeking more transparency in the EVM-VVPAT system in India

A Division Bench of the Supreme Court unanimously rejected the plea seeking 100 percent vote verification using VVPATs

The Court observed that if interim bail is granted, Kejriwal should not perform official duties as Chief Minister

A Division Bench of the Supreme Court rejected a plea seeking 100 percent vote verification through VVPATs

In the rejoinder, petitioners reiterate that only parliamentary action can revive Article 31C after Minerva Mills

Respondents also argued that part of Article 31C continued to exist in the Constitution after Minerva Mills

‘Resource’ under Article 39(b) has an economic basis; concept of property has evolved over time, Attorney General R. Ventakatramani argued

Contrasting yesterday’s observations, the bench noted that there would be “a radical constitutional consequence” if Article 31C didn’t exist

The Bench observed that the reference in the case was limited to whether “private property” fell under the ambit of Article 39(b)

After a detailed discussion over two days on the process of the VVPAT vote verification, Supreme Court reserved judgement in the case

Institution and disposal rates dip at the top court in the end of first quarter

The Bench while expressing reservations on the petitioner’s apprehensions, questioned the ECI on the voting and verification processes

During his five-year tenure at the Supreme Court, Justice Bose was part of several Constitution Benches that delivered crucial judgements

A seven-judge bench of the Supreme Court unanimously held that a lawmaker does not enjoy immunity in cases of bribery

From appointment commissions to a Chennai branch of the top court—here’s what election manifestos are promising on the judicial front

A Constitution Bench held that stay orders of High Courts cannot lapse automatically

The Court’s institution and disposal rate last month was the highest over the past five Februaries

The Court questioned the Union on procedural inconsistencies in appointing the two new Election Commissioners

A seven-judge Constitution Bench unanimously held that lawmakers are not entitled to immunity in bribery cases

The Court set a three-week deadline for the Union to respond, case to heard next after Holi break

The Supreme Court’s decision in the Sita Soren case overrules a 26-year-old judgement on the extent of legislative immunity

A seven-judge Bench holds that legislators do not enjoy constitutional immunity for accepting bribes to vote in Parliament or State Assembly

A seven-judge Constitution Bench reserved judgement on the validity of sub-classifications within reserved categories

Seven out of 25 High Courts lack representation in the top court. This includes four north-eastern states, J&K, Orissa and Jharkhand

Five-Judge Bench stated that a constitutional court should not fix a time-bound schedule for the disposal of cases

The Bench led by the Chief Justice held the Presiding Officer accountable for ballot tampering and directed a show cause notice to be issued

The Court ordered all the ballot papers to be placed before it by 2:00pm tomorrow and directed their safe transport from Chandigarh

Our matrix highlights five key issues argued before the Constitution Bench on the validity of sub-classification within reserved categories

Bench requests State government not to take any coercive action against the petitioners for at least two weeks

Despite seven judges being occupied by the AMU hearings for seven days, the Court managed to dispose of 5,453 cases in January

The top court's reconsideration of a 20-year-old judgement could be pivotal in clarifying that caste can also be a class category

They also contended that SCs are a homogenous group in the constitutional scheme; Bench reserves judgement after petitioners’ rejoinder

In a rare instance, the Union and some non BJP-ruled state governments found themselves on the same side of the argument.

In front of seven judges, petitioners challenged the correctness of a five-judge bench’s decision in Chinnaiah v State of AP

In a brief hearing today, the Special Bench led by CJI Chandrachud directed the parties to file pleadings within three weeks

A Calcutta High Court judge’s accusation of political bias against a brother judge saw the Supreme Court swing into action

The Special Bench comprising five seniormost judges of the Supreme Court will assemble on 29 January 2024 to hear the case on merits

The Special Bench issued notice to the parties in the case and decided to hear the case on Monday 29 January 2024

In the Ram Janmabhoomi litigation, more than a century of faith-based contestation came down to possessory rights in a title suit

The author of ‘India’s Communal Constitution’ on the balance between individual rights, religious identities and the Uniform Civil Code

SCO’s judgement matrix breaks down the 250-page judgement which quashed the Gujarat government's remission of 11 convicts in the case

In two Constitution Bench cases, the Court clarified centre-state relationships in an asymmetric federal structure

Cases instituted in 2023 crossed pre-pandemic levels from 2019 but disposal rate was particularly healthy at 96 percent

The Court ruled in favour of media outlets in some free speech cases though the key sedition matter is moving at a glacial pace

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.

Two Constitution Bench cases expanded the ambit of arbitration in India

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

Supreme Court overrules decision in NN Global, holds that an unstamped arbitration agreement is inadmissible but not void

SCO’s judgement matrix breaks down the 476-page judgement which upheld the abrogation of Article 370

A five-judge Bench of the Supreme Court unanimously upheld the abrogation Article 370 which gave Jammu and Kashmir’s special status

Senior Advocate C.U. Singh stressed on the importance of the judiciary standing up for itself and the access to technology in lower courts

Supreme Court upholds Group of Companies Doctrine, says non-signatories may be bound by arbitration agreements

Justice Naima Haider of the Supreme Court of Bangladesh spoke about the judicial system in Bangladesh, diversity in courts and more

The Court directed members from the High Courts, state governments and the bar to resolve infrastructural issues together

In a conversation with SCO, Justice Nagarathna spoke about women in the judiciary, access to justice in the digital age and more.

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

A year ago, there were more than 5000 criminal cases pending across the country against current or former legislators

What impact does the Electoral Bonds Scheme have on the Indian Democracy? What is the challenge against it?

Supreme Court directs Union to frame guidelines for search and seizure of digital devices by investigative agencies

As a seven-judge bench deliberates the validity of an unstamped arbitration agreement, we detail everything that has happened so far

As a seven-judge bench deliberates the validity of an unstamped arbitration agreement, we detail what the case is about

Four cases were in the forefront of the Article 370 Constitution Bench hearings. What was their relevance?

A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?

During his four-year tenure at the Supreme Court, Justice Bhat has authored judgements in crucial constitution bench cases

Senior Advocate Kapil Sibal asserts PMLA decision is unconstitutional. Bench to hear the case in November

The Supreme Court must take into account both structural and practical issues that cause delays at every stage of the bail process

Arguments on Day 2 centred on whether the validity of the agreement is a matter for the Court to decide or the arbitral tribunal

Arguments on Day 2 centred on whether the validity of the agreement is a matter for the Court to decide or the arbitral tribunal

A curable defect in procedure cannot render the arbitration agreement void, petitioners argue

A curable defect in procedure cannot render the arbitration agreement void, petitioners argue

DESK BRIEF: Recently, it seems that the prescriptive aspect of Article 19 is only a poetic indulgence when faced with media rights

Bench states there is no objective data to prove the High Court Committee cannot continue monitoring exams

Bench to decide if Section 6A of the Citizenship Act 1955 suffers from any “constitutional infirmity.”

Supreme Court to decide the validity of the constituent powers of amendment to extend the prescribed reservation period

Time to relook Narasimha Rao v State since it concerns a question that affects “morality of polity”, says Supreme Court

In recent years, PIL has become an extension of the political theatre while voices from the ground, stay silent still.

There’s been an unprecedented increase in the number of petitions in recent years, but experts suggest that the SC is less PIL-friendly

Top Court extends protection to members of Editors Guild till 15 September 2023, when it will consider transfer of case to Delhi High Court

The final day of arguments began with tempers running high over lead petitioner’s Mohammad Lone’s affidavit and his “allegiance” to India

After submissions by 18 advocates in support of the abrogation of Article 370, Senior Advocate Kapil Sibal began rejoinder arguments.

Senior Advocate Dwivedi contended that the recommendation of the J&K Constituent Assembly was never meant to be binding on the President

Solicitor General Tushar Mehta informed the Court that the Union couldn’t commit to a date for restoring statehood for J&K

Union argues that the President had untrammelled power to repeal Art. 370 as part of larger goal of national integration.

Solicitor General Tushar Mehta argues that people of J&K were wrongly convinced that Article 370 was a boon.

The Constitution Bench heard the Unions opening arguments in support of the abrogation of Article 370.

On Days 8 and 9, 12 counsels appearing for the petitioners in the challenge to Article 370 argued before the Supreme Court.

The Union advanced the view that Article 370 promoted a “psychological duality” that was being taken advantage of by forces against India.

Petitioners conclude arguments; counsel dig deep into constitutional history to argue against revocation.

Article 370 represented a constitutional promise to protect a religious minority, argues P.C. Sen.

Senior Advocates Dave, Naphade and Dwivedi highlighted the adverse consequences of the abrogation of Article 370.

Petitioners argued Constitution does not allow the President to permanently abrogate Article 370 when J&K was under President’s Rule.

DESK BRIEF: New Bill proposes a three-member committee with two members of the ruling party to nominate members of the Election Commission.

By applying select parts of the Indian Constitution to itself, J&K showed that they retained autonomy under Art. 370 even after accession.

Sr. Adv. Gopal Subramanium argued Art. 370 is a manifestation of the federal structure envisaged for J&K.

Senior Advocate Kapil Sibal completed 3 days of arguments on why Parliament had no power to repeal Article 370.

Adv. Shobha Gupta submitted that the convicts did not qualify for early release as the crimes they committed against Bilkis Bano were grave.

The Bench held that the two-year jail term awarded to Rahul Gandhi for his Modi remark was excessive and devoid of reason.

Senior Advocate Kapil Sibal argued abrogation of Art. 370 cannot be done following the dissolution of the J&K Constituent Assembly in 1957.

In July, the top Court returned from summer vacation and continued to hear Constitution Bench cases and delivered key judgements.

Constitution Benches assembled 55 times in the first half of 2023. None of them were seven and nine-judge Benches.

The Supreme Court will decide the extent of the Union’s powers to make laws for Jammu and Kashmir and abrogate Article 370.

The Bench clarified Mishra would seize to be the ED’s Director at midnight on September 15, 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.

The Supreme Court to decide if Mr. Rahul Gandhi’s conviction for defamation must be stayed and his disqualification from Parliament quashed.

The challenge to the Delhi Ordinance will be heard after the Court completes hearing the challenge to the abrogation of Art. 370.

The Bench heard various proposals from petitioners on how to ensure that rules during the appointment process are not altered arbitrarily.

The Bench de-tagged cases from different High Courts, and began to address the question of the reference Order.

The Supreme Court reverted the case challenging the Manipur HC’s 2015 Resolution about District Judge appointments to a 3-Judge Bench.

The Supreme Court held that the Administrative Tribunal of the Kerala High Court was wrong to impose a cut-off for the viva interview.

Constitution Bench decides to hear the case on merits from August 2nd, 2023.

Supreme Court to consider the plea seeking stay on the Union’s Ordinance on July 17th, 2023.

Justice Krishna Murari authored over 60 judgements in his 3.75-year tenure at the SC.

With hardly any senior women judges in India's High Courts, gender diversity at the Supreme Court will take a hit.

Justice Ramasubramanian authored 102 judgements during his 3.75-year tenure at the SC.

Justice Ramasubramanian has authored judgements in 32.6% of the benches he was part of.

Justice V. Ramasubramanian retires after a 3.75-year tenure, having written over 100 Judgments.

If the seniority principle is followed, these 8 Judges will lead the Supreme Court of India as Chief Justice till 2031.

Only 2 out of the upcoming 8 Chief Justices will serve a tenure of more than 1 year.

If the seniority principle is followed, these 8 Judges will lead the Supreme Court of India as Chief Justice till 2031.

A 5-Judge Constitution Bench unanimously held that a public servant could be convicted for bribery based on circumstantial evidence.

Justice K.M Joseph was the fifth highest judgement contributor at the SC at the time of his retirement.

We trace the evolution of the rights for Queer persons across 4 landmark judgments, and a 5th pending case before the SC.

The 4th senior most Judge of the SC, Justice Rastogi, has authored 158 judgements.

Justice K.M. Joseph has authored judgements in 33% of the Benches he was part of.

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

Justice K.M Joseph retires after a 4.75-year tenure, having written over 130 Judgments.

The SC has conducted a remarkable 55 Constitution Bench hearings in just 5 months. Why does this matter? SCO investigates.

After a long time, the Court is abuzz with Constitution Bench activity, with hearings in 16 cases and Judgements in 13.

Mr. Kiren Rijiju replaced as Law Minister after a tenure of nearly two years, with Mr. Arjun Ram Meghwal.

Since the launch of the live transcription project, only 36% of Constitution Bench hearings have been transcribed.

What were the issues and the arguments raised on both sides in the plea for marriage equality?

The petitioners concluded their rejoinder arguments and the Bench reserved judgement.

The petitioners concluded arguments in response to the submissions against the recognition of the right to marry.

The respondents reiterated that Parliament was the only competent authority to recognise marriage equality.

Respondents cite the welfare of children and the impact of marriage on society to argue against LGBTQIA+ marriages.

As the arguments in the plea for marriage equality reach the finish line, the Bench deliberates if there is a fundamental right to marry.

The Bench pondered over a broader question: Does a fundamental right to marry exist?

Has the Gujarat HC breached the ‘merit-cum-seniority’ rule in its recent Judicial appointments?

As the focus of the Marriage Equality hearings shifts to the ancillary rights of marriage, SCO examines the way forward.

Union informed the Bench that it would consider making administrative changes to grant certain rights to LGBTQIA+ couples.

A 5-Judge Constitution Bench held the SC could, as a Court of first instance, grant divorce on the grounds of ‘irretrievable damage.’

DESK BRIEF: Union argues that the right to sexual autonomy does not include the right to compel the State to recognise LGBTQIA+ marriages.

The Union argued that the SC could not address the marriage equality issue without delving into personal law issues.

Union argued that recognising the right to marry for all classes of persons in the LGBTQIA+ spectrum would lead to legal complications.

Can the SC deny marriage equality to the queer community to avoid practical difficulties that may arise out of the law?

SC recommends restricting the petitions seeking recognition of same-sex marriage to the Special Marriage Act, of 1954.

Attorney General R. Venkataramani assured the Court that the Digital Data Protection Bill, 2022 would be introduced in Parliament in July.

DESK BRIEF: Five must-reads that will help you understand the debate surrounding the legalisation of same-sex marriage.

SCO consolidates everything you need to know about the Shiv Sena Conflict

The Bench heard arguments stating that tenure extensions compromised CBI/ED independence.

A 5-Judge Constitution Bench will decide the validity of same-sex marriages in India. SCO breaks down the case here.

Supreme Court dismissed the Union’s curative petition seeking additional compensation for Bhopal Gas Tragedy victims.

The Constitution Bench will begin hearing arguments on the case from April 18th, 2023.

DESK BRIEF: Two recent decisions by the SC aim to decrease the Executive's interference in the functioning of autonomous bodies.

The SC delivered two Constitution Bench decisions while also introducing significant infrastructural initiatives.

Sr. Adv. Harish Salve argued that it is not permissible for the SC to decide matters of defection based on Assumptions of fact.

SCO takes a glance into the use of AI in legal spaces around the world.

The Uddhav Thackeray faction argued that they must be reinstated as the Maharashtra government since they were wrongfully ousted.

DESK BRIEF: The Union cleared 7 SC judge appointments within a week returning the SC to its full sanctioned strength of 34 Judges.

The SC questioned the Gujarat government on its 8-year delay in carrying out judicial appointments and infrastructure development.

The Court decided to hear the case after Parliament considers the Digital Data Protection Bill, 2022

The Bench will hear the matter after the Digital Data Protection Bill, 2022 is introduced in the Parliament to avoid overlap with it.

Solicitor General Tushar Mehta claimed the Personal Data Protection Bill, 2022 would resolve the petitioner’s issues.

The Constitution Bench observed that the Joseph Shine Judgment was not relevant to cases under the Armed Forces Enactments.

The SC will decide if the emergence of new facts justifies the Union's plea to increase compensation granted to Bhopal Gas Tragedy victims.

Parties from both sides argued that the Bench should transfer all the pending challenges to anti-conversion laws to the SC.