How Justice Bhagwati’s 44-year-old dissent mirrors the state of death penalty in India
There has been significant empirical work demonstrating the inefficacy of the death penalty. In its 75th year, the Court must engage with it
Analysis
The decision to strike down unilateral appointments to arbitral tribunals encourages the government to be a more responsible commercial play
23rd Nov 2024
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While the majority’s decision was grounded in constitutional law, the two partial dissents did not go beyond the Arbitration & Contract Acts
23rd Nov 2024
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What looks like a 4:3 might be closer to 6:1 on key points of the reference & indicators to determine minority character of an institution
16th Nov 2024
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October was an active month at the top court with two Constitution Bench decisions and critical Division Bench hearings on personal liberty
14th Nov 2024
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The decision heralds a welcome shift in jurisprudence by giving states power to regulate the misuse of industrial spirits in potable liquor
12th Nov 2024
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Here’s a list of 7 occasions when the outgoing Chief Justice diverged from the majority on conclusion or reasoning during his long tenure
8th Nov 2024
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A ready-reckoner of the arguments and verdicts in all the Constitution Benches cases during the outgoing Chief Justice’s tenure
8th Nov 2024
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A subjective list of 10 (plus five bonus mentions) of the outgoing Chief Justice of India’s most important judgements in the Supreme Court
8th Nov 2024
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The decision of the Court will also clarify if a person who cannot be an arbitrator is eligible to appoint one
7th Nov 2024
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The decision creates avenues for revenue in the post-GST era but also blurs the regulatory distinction between industrial & potable alcohol
7th Nov 2024
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Can government employers set aside previously established procedural rules to ensure only the most suitable persons are appointed?
6th Nov 2024
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The outcome will likely impact the livelihoods of gig workers who use their LMV licence to transport people and things
5th Nov 2024
MoreState of Kerala v Union of India
The Supreme Court will determine whether the Union's imposition of a ceiling limit for borrowing additional funds amounts to executive overreach
MoreNext Hearing:
Last Updated:
Bench:Surya Kant J, K.V. Viswanathan J
Gayatri Balasamy v ISG Novasoft Technologies Limited
The Supreme Court will decide if courts have the power to modify arbitral awards under Sections 34 and 37 of the Arbitration Act
MoreNext Hearing:
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State of Uttar Pradesh v Lalta Prasad Vaish
In a 8:1 majority, the Supreme Court overturned Sythentics and Chemicals (1990) which held that “intoxicating liquor” under Entry 8 of the State List referred only to potable liquor, taking it our of the scope of states’ powers
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Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, A.S. Oka J, B.V. Nagarathna J, J.B. Pardiwala J, Manoj Misra J, Ujjal Bhuyan J, S.C. Sharma J, A.G. Masih J
Decided
Property Owners Association v State of Maharashtra
The Supreme Court unanimously held that Article 31C as upheld in Kesavananada Bharati (1973) remains in the Constitution after the decision in Minerva Mills (1980). The majority also held that not all privately owned property is a "material resource of the community" in an 8:1 majority.
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Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, B.V. Nagarathna J, Sudhanshu Dhulia J, J.B. Pardiwala J, Manoj Misra J, Rajesh Bindal J, S.C. Sharma J, A.G. Masih J
High Court Bar Association Allahabad v The State of Uttar Pradesh
The Court decided that Constitutional Courts should not typically impose a time limit to dispose a case pending in any Court. A stay order granted in civil and criminal cases will remain in operation till the case is decided, unless it is expressly timebound.
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Bench:D.Y. Chandrachud CJI, A.S. Oka J, J.B. Pardiwala J, Pankaj Mithal J, Manoj Misra J
Mineral Area Development Authority v Steel Authority of India
In a 8:1 majority, a nine-judge Constitution Bench held that state government's can impose tax on mines and minerals. It observed that "royalty" is distinct from tax.
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Bench:D.Y. Chandrachud CJI, Hrishikesh Roy J, A.S. Oka J, B.V. Nagarathna J, J.B. Pardiwala J, Manoj Misra J, Ujjal Bhuyan J, S.C. Sharma J, A.G. Masih J
Subhash Desai v Principal Secretary, Governor of Maharashtra
The Supreme Court will reconsider the five-judge bench decision in Nabam Rebia v Deputy Speaker to clarify if a Speaker can oversee disqualification proceedings against MLAs when a motion for his own removal is pending before the House.
MoreNext Hearing:
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Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Manoj Misra J, Surya Kant J, J.B. Pardiwala J
In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899
The Supreme Court will decide if an unstamped arbitration agreement is invalid.
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Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Surya Kant J, J.B. Pardiwala J, Manoj Misra J
N. Ravi v Speaker, Legislative Assembly Chennai
The Supreme Court will decide if the immunities enjoyed by law makers under Article 194 overrides the fundamental right to freedom of speech under Article 19
MoreNext Hearing:
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Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Surya Kant J, J.B. Pardiwala J, Manoj Misra J
Arjun Flour Mills v State of Orissa
The Supreme Court will decide whether state governments are constitutionally permitted to collect sales tax based on annual turnover.
MoreNext Hearing: January 9, 2024
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Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna CJI, B.R. Gavai J, Surya Kant J, J.B. Pardiwala J, Manoj Misra J
Bajaj Allianz General Insurance v Rambha Devi
A 5-Judge Bench will decide whether a person licenced to drive a ‘light motor vehicle’ under Section 2(21) of the Motor Vehicles Act, 1988 is automatically entitled to drive a ‘Transport Vehicle of Light Motor Vehicle Class’ with unladen weight of less than 7500 KGs.
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Bench:D.Y. Chandrachud CJI, P.S. Narasimha J, Hrishikesh Roy J, Manoj Misra J, Pankaj Mithal J
Union of India v Union Carbide
The Supreme Court rejected the Union's plea to increase the compensation given to victims of the 1984 Bhopal Gas Tragedy as a part of the 1989 settlement with the Union Carbide Corporation.
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Bench:S.K. Kaul J, Sanjiv Khanna CJI, A.S. Oka J, Vikram Nath J, J.K. Maheshwari J
There has been significant empirical work demonstrating the inefficacy of the death penalty. In its 75th year, the Court must engage with it
As the SC turns 75, we analyse rostering under Chandrachud and Lalit courts and make a case for a publicly defensible allocation rationale