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The Supreme Court in 2025: Deference, technicality and the retreat from rights
From citizenship and reservation to encounter accountability, privacy, environmental protection and minority rights, the Court's most contentious judgments of 2025 reveal an increasing preference for institutional deference and procedural compliance over substantive constitutional justice
CJP Team -
Andrabi Judgment: Section 43D(5) UAPA cannot override right to speedy trial, restores primacy of Article 21 in UAPA cases
CJP Team -
The judgment restores the constitutional framework laid down in KA Najeeb and cautions against treating anti-terror bail restrictions as a basis for indefinite pre-trial detention
Environmental Jurisprudence: The Bombay High Court’s shifting language
Part II turns its attention to Western India: Mumbai, the rest of Maharashtra, and the long shadow of the Western Ghats where from sound coastal-zone jurisprudence, the High Court has been asked to, and has, permitted successive ‘infrastructure’ projects that have touched coasts, mangroves and the urban forest.
Bhojshala Judgment: MP High Court declares Dhar site a Saraswati Temple, ends Namaz rights at complex
Relying on ASI findings, historical records and the Ayodhya framework, the Court held the structure was built over a pre-existing temple and Sanskrit learning centre linked to Raja Bhoj
Cracks in Indian Environment Jurisprudence: An examination of High Courts of central India
Given the flip-flops by India’s constitutional courts on protection of the environment, this three part legal investigation delves deep: In Part 1, we look at how High Courts across different regions of India are contributing to, or departing from, the trajectory of environmental jurisprudence. This part looks at Central India: Madhya Pradesh, Chhattisgarh, Odisha and Jharkhand. A region that is home to some of the country’s richest forests, its most significant mineral reserves, and its most vulnerable tribal populations.
UAPA: ‘99% Possibility of Acquittal’: What the SC said on Conviction Rates
While granting bail to Syed Iftikhar Andrabi, the Supreme Court on Monday, May 19, observed that UAPA conviction rates stand between 1.5% and 4% nationally, while remaining below 1% in Jammu and Kashmir.
Supreme Court reasserts KA Najeeb, warns against “hollowing out” constitutional protections in UAPA cases; questions Umar Khalid bail verdict
Granting bail to a J&K man jailed for nearly six years in a narco-terror case, the Supreme Court cited abysmally low UAPA conviction rates, and warned that prolonged incarceration under anti-terror laws cannot override Article 21 protections
Gauhati High Court issues notice in Abdul Sheikh Citizenship case, continues protection from deportation
CJP Team -
Petitioner attributes delay in challenging 2018 ex parte FT opinion to financial incapacity, and absence of legal aid; Court says if a case for fresh hearing is made out, it should be considered “immediately”
Gauhati HC draws a line against automatic family-wide ‘foreigner’ declarations
CJP Team -
Setting aside a Foreigners Tribunal order against five children, the High Court ruled that kinship alone cannot determine citizenship status and reiterated that every individual must face an independent legal reference before being declared a foreigner
The Guardians of the Ballot: Supreme Court hearing the legality of executive primacy in ECI appointments
Across two days of intense legal arguments, the Supreme Court scrutinising the 2023 Act governing the appointment of Election Commissioners, as petitioners argued that replacing the Chief Justice of India with a Union Minister creates a "Home Umpire" system, while the Bench questioned the limits of parliamentary power, counsel warned that executive dominance over the "referee" of democracy threatens the basic structure of free and fair elections
Anticipatory Bail Denied to Nida Khan in TCS Nashik Case: Sessions Court flags “systematic plan” and stresses custodial interrogation
While emphasising gravity and custodial interrogation, Sessions Court order leans heavily on narrative of “organised influence”—raising concerns over evidentiary thresholds, criminalisation of religious interaction, and expansion of bail-stage reasoning
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Rule of Law
The Supreme Court in 2025: Deference, technicality and the retreat from rights
From citizenship and reservation to encounter accountability, privacy, environmental protection and minority rights, the Court's most contentious judgments of 2025 reveal an increasing preference for institutional deference and procedural compliance over substantive constitutional justice
Rights
Who owns Mumbai’s streets? The Bombay High Court, street vendors and a decade of regulatory failure
What began as a case about encroachments has become a searching inquiry into the State's failure to implement the Street Vendors Act, the rights of pedestrians and informal workers, and the growing role of identification and verification in urban governance
India
Defectors & Democracy: A critique of the Tenth Schedule of the Indian Constitution
The right of voters to recall representatives who defect—as seen in West Bengal, Maharashtra, Goa and Arunachal Pradesh—and the requirement of intra-party democracy could form part of a broader institutional redesign. Such measures would deepen democratic values and, above all, signal a refusal by citizens to accept the corruption of their mandate. These may be among the reforms that India's Parliament and democracy most urgently need
Gender and Sexuality
A regressive 2026 amendment to rights of Trans persons is under legal challenge even as pride month is celebrated
Unable to stay the statute, High Courts have charted a middle path—protecting petitioners already undergoing hormone therapy while the broader constitutional challenge awaits adjudication by the Supreme Court
India
The what’s & why’s of Data Centres and how are they hijacking the India Story
While countries such as Singapore and Sweden are curbing the environmental costs of data centres through regulation and innovation, India is actively courting these resource-intensive facilities with little regard for their water and energy demands. From Stockholm's waste-heat recovery systems to zero-water cooling technologies, solutions exist. Yet India continues to trade away land, water and public resources with scant consideration for environmental sustainability or local communities.
Politics
Telegram before NEET: When governance fails, censorship takes its place
Invoking exam security to suspend access to a platform used by millions raises serious questions about proportionality, transparency and the growing tendency to restrict communications whenever governance challenges arise
India
Yes, Savarkar did file 10 Mercy Petitions before the British, revolutionaries like Bhagat Singh refused to Compromise: Grandnephew tells Pune Court
Savarkar’s grandnephew who had lodged a criminal defamation case against LOP Rahul Gandhi, stated and admitted during his testimony that while there were other freedom fighters who refused to file clemency petitions before the British, his uncle Vinayak Savarkar had filed as many as ten!
