journal
Analysis
Reservations and sub-classification of SC/STs: A mixed bag for substantive equality
The Court settles doubts around ‘efficiency’ as a limitation to reservations, but its approach to methodology & creamy layer raise questions
22nd Aug 2024
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The 36th LAWASIA Conference 2023 | The fine line between indigenous rights and environmental protection
Panellists discussed the need for more empathetic approaches to indigenous people in the societal and legal realms
27th Nov 2023
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A Long Road to Nowhere: On the Many Disappointments of the Marriage Equality Case
The Court undertook a selective reading of its own jurisprudence while upholding the constitutionality of the Special Marriage Act
27th Oct 2023
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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?
23rd Oct 2023
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Digital Personal Data Protection Act, 2023: A missed opportunity for horizontal equality
The Digital Personal Data Protection Act, 2023 wasted an opportunity to bolster the right to privacy for marginalised and vulnerable groups.
23rd Aug 2023
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Queer Marriage Under the Special Marriage Act: What’s at Stake?
Despite the SC’s move to restrict the case to the SMA, several concerns mar the road toward marriage equality for the LGBTQIA+ community.
9th May 2023
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SCO Weekly: Hijab Ban to be Heard One More Time
A 2-Judge Bench of the SC delivered a split verdict on Karnataka’s Hijab Ban, which means the case will be deliberated for a 3rd time!
16th Oct 2022
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SCO Daily: Supreme Court Issues Split Verdict in Hijab Ban Case
On October 13th, the bench comprising Justices Gupta and Dhulia delivered a split verdict in the Hijab Ban case. What next?
13th Oct 2022
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Supreme Court’s Hijab Ban Judgment Must Address 7 Main Issues
These include questions on equality, religious freedom, privacy, right to education & free speech and expression.
13th Oct 2022
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‘Essentially Religious’ Hearings on the Hijab Ban
DESK BRIEF: Arguments on Religion took over half the SC time, despite all parties agreeing that it should not be the focus of the case.
26th Sep 2022
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SCO Weekly: The Battle of Arguments in the Hijab Ban Case
What arguments were made in the challenge to the Hijab Ban in Karnataka? What will the Judgement focus on?
24th Sep 2022
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SCO Shorts: FCRA Judgment
SC upholds the Foreign Contribution (Regulation) Amendment Act (FCRA), 2020, cites concerns about sovereignty of nation.
11th Apr 2022
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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
Vivek Narayan Sharma v Union of India
The Supreme Court upheld the Union's 2016 demonetisation scheme in a 4:1 split. The majority held that the scheme was proportionate to the the Union's stated objectives and was implemented in a reasonable manner.
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Bench:Abdul Nazeer J, B.R. Gavai J, A.S. Bopanna J, V. Ramasubramanian J, B.V. Nagarathna J
Dr. Jaya Thakur v Union of India
The Supreme Court upheld Central Vigilance Commission (Amendment) Act, 2021, and the Delhi Special Police Establishment (Amendment) Act, 2021, which allow the Union to extend the tenure of CBI and ED Directors. The Bench held that the extensions granted to Sanjay Kumar Mishra was illegal, and contrary its 2021 Judgement.
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Bench:B.R. Gavai J, Vikram Nath J, Sanjay Karol J
The Indian Federation of App Based Transport Workers (IFAT) v Union of India
The Supreme Court will decide whether gig workers fall under the scope of 'unorganised workers' and are eligible for social security benefits
MoreNext Hearing:
Last Updated: 20211201
Bench:Dipankar Datta J, P.K. Mishra J
Mukesh v State of Tripura
The petitioners withdrew the petition from the Supreme Court to approach the Tripura High Court in the case.
MoreLast Updated: 20211111
Bench:B.M. Trivedi J, Pankaj Mithal J
FCRA Amendment
Decided
Noel Harper v Union of India
The Supreme Court upheld provisions of the Foreign Contributions (Regulation) Amendment Act, 2020, which place restrictions on NGOs ability to raise and use foreign funds.
MoreLast Updated: 20211108
Bench:A.M. Khanwilkar J, Dinesh Maheshwari J, C.T. Ravikumar 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 CJI, C.T. Ravikumar J
Romila Thapar v Union of India
The Court evaluated the arrests of five human rights activists under the Unlawful Activities Prevention Act (UAPA) by the Maharashtra Police and allowed the investigation to continue. The Police accused the activists of involvement in the Bhima Koregaon violence and sedition.
MoreLast Updated: 20210628
Bench:Dipak Misra CJI, D.Y. Chandrachud CJI, A.M. Khanwilkar J
Triple Talaq
Decided
Shayara Bano v Union of India
The Supreme Court held that the practice of talaq-e-biddat or instantaneous triple talaq is unconstitutional.
MoreLast Updated: 20180919
Bench:J.S. Khehar CJI, Kurian Joseph J, Rohinton Nariman J, U.U. Lalit CJI, Abdul Nazeer J
Assam Accord
Pending
Assam Sanmilita Mahasangha v Union of India
This case will decide the constitutional validity of Section 6A of the Citizenship Act, 1955, which is the result of the Assam Accord.
MoreNext Hearing:
Last Updated: 20170713
Ashwini Kumar Upadhyay v Union of India
The Supreme Court will decide whether the Places of Worship Act, 1991, which prevents the conversion of places of worship from the religion they were on August 15th, 1947, is constitutionally valid. The Court's decision will shape the course for multiple challenges concerning the 'true nature' of places of worship pending before subordinate Courts all over the country.
MoreNext Hearing: September 9, 2022
Last Updated: 20201028