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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 -
“Reasonable Apprehension of Bias Is Enough”: Telangana High Court orders CBCID probe into SI’s death, reasserts constitutional demand for investigative neutrality
In a sharply reasoned ruling, the Court holds that when police investigate their own, fairness cannot merely exist—it must be demonstrable, credible, and constitutionally defensible
“Obnoxious and Caste-Coloured”: Supreme Court strikes down Odisha bail orders mandating cleaning work, declares them void
Acting on suo-moto proceedings triggered by media reports, the Court condemns “degrading” bail conditions imposed on Dalit and Adivasi accused, warns against judicial overreach, and reinforces that liberty cannot be conditioned on humiliation or caste-based labour
Reproductive Autonomy Cannot Be Subordinated to Adoption: Supreme Court allows termination of 7-month pregnancy of minor
Holding that a woman’s choice is paramount under Article 21, the SC affirms that constitutional courts must prioritise dignity, mental health, and bodily autonomy over statutory limits under the MTP framework
Malegaon 2006 Blast Case: Bombay High Court rejects NIA’s ‘alternate narrative’, holds prosecution built on contradictions and inadmissible evidence
Holding that “diagonally opposite” narratives by investigative agencies cannot sustain a trial, the Court finds the NIA’s case rooted in retracted statements, hearsay material, and a legally impermissible reinvestigation—bringing the prosecution to a “dead end”
Delhi court orders FIR against Abhijit Iyer Mitra for sexually abusive posts targeting women journalists
Court finds tweets “sexually coloured,” prima facie intended to outrage modesty; directs police probe into X account and devices
From Cow Slaughter to “Public Order”: Allahabad High Court’s expanding use of preventive detention
CJP Team -
Through detailed reliance on fear, timing, intelligence inputs, and administrative response, the Court stretches “public order” to justify preventive detention—raising difficult questions about liberty, evidence, and constitutional limits
Police action in Odisha’s Rayagada district condemned, Adivasi rights paramount: CCG
The Constitutional Conduct Group (CCG) in an Open Letter to the President of India has condemned Odisha police’s wrongful dispossession of Adivasi lands in the state and violent action against protesting tribals
Decoding the Judgement on Sathankulam Custodial Death:Part-3 Witnesses to be Celebrated & Honoured
Decoding the Judgement on Sathankulam Custodial Death:Part-3 Witnesses to be Celebrated & Honoured - Adv. Henri Tiphagne
Allahabad High Court flags surge in “false” conversion firs, seeks accountability from UP government
In a strong rebuke, the Allahabad High Court questions misuse of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, calls out investigative lapses, and directs state authorities to act against frivolous complaints while protecting the accused and the woman at the centre of the case
Decoding the Judgement on Sathankulam Custodial Death-Part 2-Pathbreaking Orders of the High Court
Decoding the Judgement on Sathankulam Custodial Death-Part 2-Pathbreaking Orders of the High Court of Madras : Adv. Henri Tiphagne
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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!