journal
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
25th Aug 2024
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Supreme Court Review 2023: Gender Discrimination and Personal Liberty
In a concerning year for personal liberty, the Court took on gender stereotypes but undid its progressive jurisprudence in an abortion case
30th Dec 2023
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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.
17th Jun 2023
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A Tale of Empowerment of People with Mental Disability: Part 1
In Ravindra Dhariwal v. UoI, the SC reincarnated Article 14 with ideas of inclusive equality reasonable accommodation of disabled persons.
23rd May 2023
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The Uses and Abuses of Marital Privacy
How strong is the marital privacy argument to justify marital rape exception in a post-Puttaswamy era?
22nd May 2023
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SCO Shorts: Challenge to Appointments in the Election Commission of India
A 5-Judge Bench is deciding whether the appointment process in the ECI is unconstitutional and must be reformed.
24th Nov 2022
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Hijab Ban Challenges: Here We Go Again
DESK BRIEF: Dhulia J emphasised that ‘finality is a good thing, but Justice is better' in an opinion that will prolong the Hijab Ban saga.
17th Oct 2022
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Looking Ahead: Key SC Cases 2022
The Supreme Court in 2022 is poised to address key questions on reservations, terror, and freedom of the press.
31st Dec 2021
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Key Supreme Court Judgments 2021
We review the SC's most significant judgments in 2021.
29th Dec 2021
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SC Judgment Review 2021: Equality
In 2021, the Supreme Court issued three important judgments on substantive equality.
21st Dec 2021
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Nariman J: 14 Judgments in Which He Shaped the Law
Understanding Nariman J's landmark judgments on privacy, right to life, freedom of speech, and equality.
12th Aug 2021
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Court Clarifies Application of S.6 of Hindu Succession Act, 1956
The Court held that the amendment to s 6 which treats daughters on par with sons would apply retrospectively.
12th Aug 2020
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In Re: Article 370 of the Constitution
The Supreme Court upheld the constitutionality of the Union's abrogation of Article 370 which removed the special status granted to Jammu and Kashmir
MoreLast Updated: 20200302
Bench:D.Y. Chandrachud CJI, S.K. Kaul J, Sanjiv Khanna J, B.R. Gavai J, Surya Kant J
Plea for Marriage Equality
Decided
Supriyo @ Supriya Chakraborty & Anr. v Union of India
The five-judge bench upheld the validity of the Special Marriage Act, 1954, and held that the right to marry is not a fundamental right for queer persons.
MoreLast Updated:
Bench:D.Y. Chandrachud CJI, S.K. Kaul J, S.R. Bhat J, Hima Kohli J, P.S. Narasimha J
Reservation in Promotion
Pending
Jarnail Singh v Lacchmi Narain Gupta
The Court looked into whether reservations for SCs and STs should extend to promotions, by assessing its 2006 Nagaraj judgment. It will now give clarifications on its 2018 judgment. The clarifications will determine how inadequate representation can be quantified through data.
MoreNext Hearing: August 17, 2022
Last Updated: 20211026
Bench:L.N. Rao J, Sanjiv Khanna J, B.R. Gavai J
Sabarimala Temple Entry
Decided
Indian Young Lawyers’ Association v State of Kerala
The Supreme Court declared unconstitutional the Sabarimala Temple's custom of prohibiting women in their 'menstruating years' from entering.
MoreLast Updated: 20191114
Bench:Dipak Misra CJI, A.M. Khanwilkar J, Rohinton Nariman J, D.Y. Chandrachud CJI, Indu Malhotra J
Decriminalisation of Adultery
Decided
Joseph Shine v Union of India
On September 27th 2018, the Court decriminalised adultery. On January 31st 2023, the Court clarified that decriminalising adultery did not impact members of the Armed Forces.
MoreLast Updated: 20181023
Bench:K.M. Joseph J, Ajay Rastogi J, Aniruddha Bose J, Sanjiv Khanna J, C.T. Ravikumar J
Election Commission Appointments
Decided
Anoop Baranwal v Union of India
The Supreme Court held that a committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India will advise the President on appointments to the Election Commission of India until Parliament enacts a law on the subject.
MoreLast Updated:
Bench:K.M. Joseph J, Ajay Rastogi J, Aniruddha Bose J, Hrishikesh Roy J, C.T. Ravikumar J
Constitutionality of Aadhaar Act
Decided
Justice K.S. Puttaswamy v Union of India
A 4:1 majority upheld the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 as constitutional, however, it struck down individual sections of the Act as unconstitutional.
MoreLast Updated: 20180926
Bench:A.M. Khanwilkar J, D.Y. Chandrachud CJI, Ashok Bhushan J, A.K. Sikri J, Dipak Misra CJI
Swati Agarwal v Union of India
The Supreme Court will decide if Sections 3 and 5 of the Medical Termination of Pregnancy Act, 1971 violate Articles 14 and 21 of the Constitution of India, 1950.
MoreNext Hearing:
Last Updated:
Bench:Ranjan Gogoi CJI, Deepak Gupta J
Ashwini Kumar Upadhyay v Union of India
The Supreme Court will decide if Section 2(f) of The National Commission for Minority Educational Institutions Act, 2004 and Section 2(c) of The National Commission for Minorities Act, 1992 is constitutionally valid. This case will determine if minority status should be granted according to national population or on a state-wise basis.
MoreNext Hearing: October 19, 2022
Last Updated: 20200810
Bench:Sanjiv Khanna J, Dipankar Datta J
Hadiya Marriage Case
Decided
Shafin Jahan v Ashokan K.M.
The Court assessed the allegation that Hadiya was deceived into marrying her husband Mr. Shafin Jahan and forcibly converted to Islam. The Court found that the allegation, which was made by her parents, was clearly false.
MoreLast Updated: 20180409
Bench:D.Y. Chandrachud CJI, A.M. Khanwilkar J, Arun Mishra J
Swati Bidhan Baruah v Union of India
The Supreme Court is deciding whether the Transgender Persons (Protection of Rights) Act, 2019 violates fundamental rights guaranteed under Articles 14, 15, 16, 19 and 21 of the Constitution.
MoreNext Hearing:
Last Updated: 20200127
Parsi Excommunication
Pending
Goolrokh Gupta v Burjor Pardiwala
This case will decide if a Parsi woman loses her own religious identity after solemnising her marriage under the Special Marriage Act.
MoreNext Hearing:
Last Updated:
Bench:N.V. Ramana CJI, R Banumathi J, Ashok Bhushan J, L.N. Rao J, M.M. Shantangoudar J, Abdul Nazeer J, Subhash Reddy J, B.R. Gavai J, Surya Kant J