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Friday, June 25, 2021

Apurva Vishwanath


Uttarakhand’s unelected CM: the crisis, the law, and BJP’s options
Thu, Jun 24, 2021

Tirath Singh Rawat, sworn in on March 10 as a surprise pick of the BJP state legislature party, has until September 10 to get elected as an MLA in a bypoll. Does the law contemplate a scenario where it is impossible to hold a poll?

Explained: How judges recuse from cases, and why
Wed, Jun 23, 2021

When there is a conflict of interest, a judge can withdraw from hearing a case to prevent creating a perception that she carried a bias while deciding the case.

Explained: An oversight that left key provision of the NDPS Act inoperable
Thu, Jun 24, 2021

Tripura High Court, in a significant verdict, discovered that an oversight in drafting the 2014 amendments to the NDPS Act, 1985 had unintentionally rendered a key provision of the Act inoperable.

Delhi HC calls out misuse of UAPA, raises bar for State to slap terror tag
Wed, Jun 16, 2021

The three orders by the Delhi High Court are perhaps the first instance of a court calling out alleged misuse of the UAPA against individuals in cases that do not necessarily fall in the category of "terrorism" cases.

Over 40% vacancies in judges’ posts in 11 HCs, Patna tops list
Fri, Jun 11, 2021

With just 20 judges against a sanctioned strength of 53, the Patna High Court tops the list with 62 per cent vacancies as of June 1, according to the Ministry of Law and Justice data.

SC panel releases draft rules for livestreaming court proceedings
Tue, Jun 08, 2021

With at least five cameras in courts that will be positioned at different angles, a dedicated control room and a viewing area to avoid overcrowding of courts, the draft rules allow for archiving of court proceedings for six months.

Explained: The Kedar Nath sedition ruling
Fri, Jun 04, 2021

In quashing the sedition case against journalist Vinod Dua, the SC referred to the Kedar Nath Singh judgment of 1962. What are the principles on the sedition law laid down in that landmark verdict?

Sitting Judge of Calcutta HC raises questions over acting CJ intervention in Narada sting case
Fri, May 28, 2021

The order for house arrest was made as Acting Chief Justice Rajesh Bindal and Justice Arjit Banerjee differed in their opinion regarding the matter and a larger 5-judge bench would be constituted to hear the plea. While Justice Banerjee was in favour of granting bail, acting CJ Bindal favoured house arrest.

Centre to Kerala High Court: No fixed target of vaccine doses for states
Tue, May 25, 2021

The Centre told the court that the vaccines for those above 45 were allocated to states on the “basis of their average consumption on fortnightly basis”, while for the 18-44 group, it was worked out on the basis of population eligible for inoculation.

Explained: Why is Cairn Energy suing Air India?
Thu, May 20, 2021

Cairn Energy is suing Air India in New York to seize its assets to enforce the $1.2 billion arbitration award it won against the Indian government in a retrospective tax dispute. What is this dispute?

‘Challenges like in the ‘70s… most judges can’t be pressured’: Justice Mathur
Sun, May 16, 2021

Speaking at Idea Exchange from his Jodhpur home, in an interaction with The Indian Express newsroom, Justice Mathur underlined the need for the judiciary to be free, fair, not vulnerable to pressure from the government and more representative of women and minorities.

In Maratha quota order, apex court goes by SC, ST rules
Fri, May 07, 2021

In case of the SC/ST quota, the President notifies the community concerned, in a single list annexed to the Constitution, and powers to amend it are vested with Parliament.

Explained: Reading Supreme Court’s Maratha quota verdict
Fri, May 07, 2021

In its judgment striking down Maharashtra’s Maratha quota, a five-judge Constitution Bench was unanimous on 3 issues and split 3:2 on another 3. A look at how the Bench ruled on these 6 issues.

Explained: Indian government leverage in Covid-19 vaccine pricing
Wed, May 05, 2021

SC has noted that ‘different manufacturers are quoting different prices’ for Covid-19 vaccines, and told govt it has ‘powers under the Drugs Control Act and Patents Act’ that it can employ. What are these provisions?

SC move to take up Covid-19 cases follows censure of Centre, it did same with migrants last year
Fri, Apr 23, 2021

The High Courts have issued a slew of orders and made critical observations on the way the crisis is being managed by governments.

Supreme Court timeline for judges’ appointments a shift from Memorandum of Procedure
Wed, Apr 21, 2021

The Supreme Court’s ruling comes in the backdrop of it repeatedly underlining that several names are pending with the government for months now, at a time when HCs are staring at over 40% vacancies.

Allahabad High Court closed for five days from today in view of UP case surge
Tue, Apr 20, 2021

After the week-long break, when cases cannot be filed virtually, the court said that it will hear urgent cases through videoconferencing.

SA Bobde: ‘Time has come for a woman Chief Justice of India’
Fri, Apr 16, 2021

Not a single woman judge has figured in the list of 48 Chief Justice of India including the CJI designate NV Ramana, since it came into existence on January 26, 1950.

Despite protests, CJI calls collegium meet, it ends in deadlock
Fri, Apr 09, 2021

If a consensus had emerged on a name in the five-member panel, it would have been the first recommendation made to the government in CJI Bobde’s 14-month-long tenure.

CJI-designate Justice Ramana takes the day off, casts shadow over collegium meeting called by CJI Bobde
Thu, Apr 08, 2021

CJI Bobde’s call for the collegium meeting comes in the backdrop of an unending-impasse in the five-member panel on recommending Justice Akil Kureshi, Chief Justice of Tripura High Court, to the apex court even as the process of appointment of at least six Supreme Court judges is due.

CJI calls collegium today, two colleagues question its timing
Thu, Apr 08, 2021

Judges say meeting not proper since President has appointed successor.

Govt repeats objections, SC collegium to take call on Saurabh Kirpal’s elevation as HC judge
Thu, Apr 08, 2021

The Supreme Court collegium headed by CJI Bobde will now have to decide on whether Kirpal's name should be recommended despite the issues flagged by the Centre or not.

Justice N V Ramana to be sworn in as new Chief Justice of India on April 24
Wed, Apr 07, 2021

As the 48th Chief Justice of India, Justice Ramana will have a tenure of over sixteen months — until August 26, 2022.

Pandemic impact: Record pendency of cases at all levels of judiciary
Sat, Mar 27, 2021

According to the National Judicial Data Grid (NJDG), a government platform monitoring judicial data, backlog of cases in district courts saw a sharp increase of 18.2 per cent between December 31, 2019 and December 31, 2020.

Explained: Why the electoral bonds scheme has been challenged in Supreme Court
Sat, Mar 27, 2021

Supreme Court has dismissed petitions seeking to stay the sale of fresh electoral bonds ahead of Assembly elections in West Bengal, Tamil Nadu, Kerala, Assam and Puducherry. What are electoral bonds, and why were they challenged?