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The Court will decide whether a Muslim woman can unilaterally terminate her marriage through Khula without the consent of her husband, raising a substantial question of Muslim personal law.
Ayush Kumar
Staff Writer
CJI Surya Kant’s proposal misses the point that the 2023 Handbook could be made more accessible to trial judges, not through ‘fine-tuning’, but through supplementary training.
Our Constitution First newsletter this week looks at a progressive order from the Allahabad High Court.
The Court questioned banks’ failure to flag suspicious transactions and directed the Ministry of Home Affairs to implement a nationwide SOP to curb digital arrest scams.
Appearing in person before the Supreme Court, Mamata Banerjee alleged that 58 lakh voters were deleted in the draft SIR by micro-observers from BJP-ruled states, while the ECI claimed the state government failed to provide adequate officers.
Justice Paul’s appointment recommendation trails the appointment of several chief justices across High Courts earlier this month.
Justice Mustaque is the sixth chief justice appointed to a High Court in the span of a week.
Despite Justice Revati Mohite-Dere’s appointment as Chief Justice of the Meghalaya High Court, India has only two women chief justices for its 25 High Courts.
Following the recommendations, Justice Revati Mohite Dere is set to be the chief justice of the Meghalaya High Court, with the High Courts of Uttarakhand, Jharkhand, Sikkim and Patna also set to get new chiefs.
The controversy around Justice Nisha Banu’s transfer to Kerala HC opens up unsettled constitutional debates on judicial transfers and Article 217(1)(c).
“We cannot allow the law to be taken into someone’s hands,” CJI Kant observed, emphasising that the ECI has to act if there is a law-and-order situation.
Appearing for the Kerala government, Senior Advocate Jaideep Gupta informed the Court that the Chancellor (the Governor) had filed an affidavit explaining his decisions taken by him.
An insistence on a ‘Swadeshi’ interpretation without addressing the question of social inequities in our society will roll back our progress on constitutional governance and liberties.
Senior Advocate A.M. Singhvi argued that the ECI was exceeding its constitutional mandate by turning the electoral roll revision into a citizenship determination process.
The matter has now been referred to a three-judge bench and listed for January 21, 2026.
The Chief Justice reiterated that only scientific and expert assessments can guide meaningful policy responses.
The oath ceremony took place this morning at the Durbar Hall of Rashtrapati Bhavan, now renamed Ganatantra Mandap.
The petition argues that the Election Commission’s rushed revision exercise is arbitrary, lacks statutory basis and risks disenfranchising marginalised voters.
Over the past decade, the new normal has been an increasing decline in standards of judicial independence and integrity. As the 52nd chief justice retires, we reflect on his complicated legacy as a jurist, an administrator, and a Dalit chief justice in a withering democracy.
Justice Gavai has followed the practice initiated by his immediate predecessor, Justice Sanjiv Khanna
Emphasising that courts cannot prescribe “judicially mandated timelines,” nor invoke Article 142 to create “deemed assent,” the Bench overruled the Court’s April 8 judgment.
President Droupadi Murmu, invoking Article 143(1), had referred 14 questions to the Court on May 15, 2025.
The Court noted that the Centre had effectively brought back what had already been quashed in previous rulings.
In a petition filed through the Chief Secretary, the State said the manner in which the SIR is being undertaken is “not conducive to the democratic polity of the country”.
During the proceedings, the ED opposed any dilution of the bail conditions.
On Wednesday, the Court had asked Punjab and Haryana governments to inform it of the concrete steps being undertaken to address crop-residue burning.
The Centre, through Solicitor General Tushar Mehta, meanwhile maintained that no blame was being cast on the pilot.
The acquittal brings to fore the immense significance of the Supreme Court-innovated extraordinary jurisdiction of curative, specifically in cases concerning life and liberty and death penalty.
The Court further held that it would be the duty of local authorities to identify, capture, and relocate stray dogs from these institutions/areas to authorised shelters after vaccination and sterilisation.
The petitioner argued that the ongoing inquiry by the Aircraft Accident Investigation Bureau lacked independence and raised apprehensions that the pilot might be unfairly held responsible for the tragedy.
The 7-judge bench decision did not truly resolve the legal dispute, instead pirouetting around its core, shadowboxing with half-arguments while leaving the heart of the matter suspended in mid-air for a 3-Judge Bench to factually determine.
Questioning the AG’s suggestion to refer the matter to a Constitution Bench, CJI Gavai had pointedly asked, on November 3, whether this was a “ploy” to avoid his Bench.
The Bench took note of the affidavits filed by the various States and Union Territories regarding compliance with the Animal Birth Control Rules.
Our summary of the Supreme Court's 78 page judgment, which practitioners have claimed "has far-reaching implications for the future".
The petition notes that Wangchuk’s decades of contributions to education, innovation, and green technology have strengthened, not undermined, India’s interests.
On August 22, a three-judge Bench comprising Justices Nath, Mehta, and Anjaria had modified its earlier August 11 order on stray dogs, clarifying that captured dogs must be sterilised, dewormed, vaccinated, and released back to their original localities.
As CJI Gavai recommends Justice Kant to succeed him as India’s 53rd chief justice, The Leaflet looks back at his judicial legacy, spanning from upholding the revocation of Article 370 to granting bail in many high stakes matters.
With each passing month of the 2023 law remaining under enactment, a process solidifies in which the executive imposes power on the organ charged with overseeing it.
“Consent from the Attorney General has already been granted for contempt proceedings. Social media is going wild over it,” SCBA President Vikas Singh said, pressing for an early hearing.
Invoking the principle of proportionality, the Court said a “balanced approach” was required to reconcile the citizens’ right to celebrate festivals with the imperative of protecting public health and the environment.
Refusing to entertain the PIL, the Court observed that the petitioner was free to approach the Election Commission of India (‘ECI’) instead.
The controversy stems from the Election Commission’s order of February 17, 2023, which recognised Eknath Shinde’s group as the “real Shiv Sena” and allotted it the party’s reserved election symbol.
Senior Advocate Kapil Sibal, appearing for Angmo, argued that the detention was illegal under Article 22 of the Constitution as the grounds of detention had not been furnished to the family.
While there have been past instances of Supreme Court judges facing physical attacks by disgruntled litigants, this one seems to be inspired by hatred towards CJI Gavai, who hails from a Dalit, Buddhist background.
In its September 15 order greenlighting Ambani’s Vantara project, the Supreme Court issued an honorarium of 9 lakhs to the three SIT members which concluded investigation in only 17 days. A broader question arises: should there be a consistent framework to determine SIT honorariums?
Although the government cleared the names of 24 judges, it did not approve the names of advocates Adnan Ahmad and Jai Krishna Upadhyay.
Over three days of hearings, the top Court heard contentions surrounding its 2020 decision in the Dheeraj More case which had noted that only practising advocates with seven years of continuous practice were eligible for direct recruitment to District Judge.
Release of the Delhi riots conspiracy prisoners, who continue to face incarceration for five plus years without a trial, is no longer a legal issue. It is a test of this nation's moral conscience.
In her reported Collegium dissent, Justice Nagarathna suggested Justice Pancholi’s elevation to be “counterproductive”. The Leaflet’s analysis shows why the appointment does not align with the Collegium’s own criteria on appointments and the potential CJIs who were overlooked.
Among those recommended for transfer by the Collegium are Justices Arun Monga, who assumed charge in the Delhi HC only one month ago, and Atul Sreedharan who had taken suo motu action against BJP minister Vijay Shah.
The remarks came in response to SCBA President Vikas Singh’s observation that lawyers appointed to the High Court bench were often drawn from those appearing before HC judges, even as other eligible candidates were overlooked.
Judge Aditi Sharma resigned on July 29 after the judge against whom she raised allegations of harassment was greenlit by the Collegium for elevation. We provide a brief recall of a story that must be remembered.
In February, a Single Bench of the Madras HC declined the application of jurisdictional immunities for the Sri Lankan Deputy High Commission. Last month a Division Bench stayed it. The case brings to fore interesting questions on jurisdictional immunities, and the applicability of diplomatic immunity.
As allegations of mass burials in the Dharmasthala temple stirs national debate, the Supreme Court’s refusal to interfere with the HC’s order lifting a gag order is a step in the right direction for press freedom.
The committee is of the prima facie view that there could be foul play on behalf of advocates appearing for real estate builder Roop Bansal.
The move follows serious reservations expressed by CJI Gavai against the order, and a letter signed by thirteen senior judges of the Allahabad HC calling to defy the Supreme Court’s order.
As the Supreme Court recalls its controversial strictures against Allahabad HC judge, one story is put to rest. However, the repeating issue of overlordism and undignified criticism by higher court judges remains an issue far from resolved, with domino implications on our entire judicial system.
Recently in Isha Foundation’s case, the Delhi HC directed Google, X Corp and Meta to pull down a video defaming Jaggi Vasudev, bringing focus to a larger debate: To what extent should platforms be pulled in as co-defendants for simply providing the venue?
The new AI policy is rigorous, codifying AI’s use as an assisting tool in our courtrooms. But how far can India’s courts go without robust digital infrastructure, judicial education, and focussed investments by the Supreme Court and BCI?
Tackling the perils of digital misogyny head on, the court’s decision acknowledges that gendered-abusive words, such as ‘r***i’, are a way to reassert male dominance.
The Andhra Pradesh HC’s recent circular, which directs judicial magistrates to comply with the SC decisions in Pratapgarhi and Arnesh Kumar, is a welcome move, but exposes faultlines.
Following the move, Delhi HC’s strength has shot up to 40, as seniority of Justice Pratiba Singh drops to fifth.
In the latest move, chief justices among four High Courts have been reshuffled.
The petition filed by journalists including Saurav Das and Kunal Purohit sought to access reasoning that it performs quasi judicial functions, and its public scrutiny by the public was crucial.
The High Court’s decision, while noting the non-existence of employer-employee relationships, fails to take account of the changing nature of the workplace.
In its decision of June 16, the Andhra Pradesh HC has reaffirmed that trans women are to be treated as women under Indian criminal law. Beyond marriage, the judgement concretises a long-fought battle for dignity.
In the recent spate of recommendations, only seven are women, and the opacity surrounding when the names were first flagged by HCs and how much time the SC Collegium took to finalise them, remains.
A recent report has suggested that the SC stopped short of an in-house inquiry against Justice Yadav after the Rajya Sabha Secretariat claimed exclusive jurisdiction. A progressive lawyer’s body has now revived a long-stalled push to initiate enquiry and demand unconditional apology from the Allahabad HC judge.
As a puisne judge of the Gujarat HC and chief justice of the Karnataka KC, Justice Anjaria delivered crucial decisions, from tracing a balanced jurisprudence on money laundering to calling out political abuse in criminal matters.
The release of a convict by the Allahabad HC last month after 48 years of entangled criminal proceedings represented a broader crisis - the inherent complexity of judicial proceedings in India, and the difficulty of any one actor, including our subordinate court judges, in dictating the time and pace of cases. Would introducing case administrators in our courts, similar to Canada, the US and UK, which would free up the workload of subordinate court judges, be the saving grace?
Justice Chandurkar took oath as a judge of the Supreme Court on May 30. His momentous judgements range from the Kunal Kamra (2024) decision which ruled against government Fact-Checking Units, and a ruling on appointment of consumer forum members which upheld the separation of powers, to a controversial ruling on the Hijab ban.
The mandatory imposition of a three year mandatory practice in the Court’s recent All India Judges Association case exacerbates women’s already precarious position in India’s legal and judicial fraternity.
Precedents indicate that the ‘pre-deposit’ condition precedent to appeal property tax assessments in Maharashtra violates Article 14 of the Constitution. Yet the Bombay HC’s 2014 verdict in Walchandnagar Industries keeps matters ambiguous, diverging from broader established jurisprudence.
Following the unusual request, on May 28, Justice Manjari Nehru Kaul forwarded the matter to CJ Sheel Nagu for seeking his order regarding the listing of the case.
Following the reshuffle, the Delhi High Court is set to gain as many as five judges.
If the recommendations to appoint Justices Sanjeev Sachdeva, Vibhu Bakhru, Ashutosh Kumar, V.M. Pancholi and T.S. Chauhan as chief justices are cleared, Delhi High Court will be represented by two High Court chief justices, even as High Courts of Orissa, Kerala and north-eastern states continue without any
Justice Anjaria stands at serial no.14 in the all-India seniority of high court judges, while Justices Bishnoi and Chandurkar stand at serial nos. 18 and 29. However, the Collegium’s resolution maintains silence on why senior High Court judges were superseded.
Sources close to the probe informed The Leaflet exclusively that, among others, Justice Varma falsely claimed that the room where sacks of burnt currency were discovered was accessible to any person who visited the residence.
Justice Varma’s refusal to resign despite indictment echoes closely a similar decision by Justice S.N. Shukla in 2018 who despite a letter by the CJI seeking removal continued in office without impeachment.
While former CJI Chandrachud’s collegium appointed 12 judges related to sitting or former judges, the Collegium under CJI Khanna appointed two such judges
While much now depends on the contents of the in-house committee’s report, we must remember that the in-house process is not a substitute for enquiry under the Judges (Inquiry) Act.
The recent coordinated attack against the Supreme Court reflects the Sangh Parivar’s immense frustration with the sustained and stubborn commitment to the Indian Constitution of an important segment of the judiciary and the Bar
According to information available with The Leaflet, the matter has been adjourned till 1 July 2025
The latest resolution notes that the transfers are aimed towards better administration of justice and in the interests of inclusivity and diversity
With just over 25,000 judges for 1.4 billion, India’s overburdened judicial system could learn from Germany how deep collaboration between courts and AI developers could improve case management and pattern analysis
Between 1985 and 2019, Foreigner Tribunals in Assam have declared over 63,000 persons as foreigners in ex-parte proceedings. In the absence of a steadfast procedure to re-scrutinise these decisions, Assam’s citizens continue to be treated with indignity, stripped of their citizenship in their own country
Data dictates that just over 11 percent of our High Court judges are women, several states have only one woman on the bench. The Supreme Court’s seven years minimum ‘continuous practice’ requirement for district judge appointments, which overlooks the fallouts of invisible care work by women lawyers in domestic set-ups, may be one of the reasons. On several broader aspects, the legal community must introspect.
The nation-wide outrage against the Pune Porsche case, specifically, the conditions on which bail was granted to the 17-year-old, may appear warranted. Yet, an examination of the Juvenile Justice Act, 2015 suggests these conditions are in line with safeguarding minors while holding accountable those who influenced their actions.
Despite recognising that grave and irreversible injustice would be caused to the ecosystem, the National Green Tribunal simply refused to examine on merits the case made out by the appellants. It did so by restricting the examination of the appeals to whether requisite procedures had been followed or not.
Gandhi was convicted in a defamation case and subsequently disqualified from the Parliament. He has now filed an appeal against the order. He was recently granted bail and his sentence has been suspended till the final disposal of the appeal.
Kohzhikode sessions court gives relief to Kerala writer Civic Chandran, accused of sexual harassment and under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on specious grounds, despite the 2018 amendment to the Act, which seeks to make the bar against grant of anticipatory bail to those accused under it stringent.