journal
Analysis
2023 Supreme Court Review: Democracy and Governance
Barring the matters on Governor’s powers, the Court landed on the side of the ruling party in key cases including defection & demonetisation
4th Jan 2024
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Supreme Court directs Maharashtra Assembly Speaker to conclude disqualification proceedings of Shiv-Sena members by 31 December 2023
Disqualification proceedings of Nationalist Congress Party members are to be concluded by 31 January 2024.
30th Oct 2023
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Shiv Sena Rift and the SC’s Constitution Bench Judgement
SCO Explains the rift within the Shiv Sena. We then discuss the 5-Judge Bench decision that marks an important chapter in anti-defection law
20th May 2023
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Supreme Court on the Political Upheaval in Maharashtra
Dr. Sanjay Jain and Ms. Malika Jain explore the key takeaways from the SC's decision, and discuss its impact on Maharashtra politics.
12th May 2023
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‘Irreparable Injury’ from Interim Orders of the Supreme Court
Interim Orders protect the interests of all parties while a case is pending. In some cases, the SC struggles to maintain that balance.
24th Apr 2023
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Understanding the Shiv Sena Conflict
SCO consolidates everything you need to know about the Shiv Sena Conflict
31st Mar 2023
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Maharashtra Political Crisis: Are Party Defections and Party Splits the Same?
With the application of defection law being unclear, the SC will decide whether the case needs to be heard by a larger Bench.
22nd Jul 2022
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Looking Ahead: The Court in July 2022
The Court is set to hear a slew of important cases in July 2022—will citizens be able to tune in?
2nd Jul 2022
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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.
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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
Subhash Desai v Principal Secretary, Governor of Maharashtra
The Supreme Court referred Nabam Rebia v Deputy Speaker (2016) to a larger Bench. It held that the Governor had no objective material to call for a floor test. Further, it stated the speaker would decide whether the Eknath Shinde faction had defected from the Shiv Sena.
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Bench:D.Y. Chandrachud CJI, M.R. Shah J, Krishna Murari J, Hima Kohli J, P.S. Narasimha J