Tag: Supreme Court

Supreme Court rejects ‘informal detention’, strengthens safeguards against arbitrary arrest

Holding that the 24-hour deadline under Article 22(2) begins with the actual curtailment of liberty, the Court says investigating agencies cannot keep individuals in custody while delaying the formal recording of arrest

‘Deportation Cannot Begin without Nationality Verification’: Union’s Rajubala affidavit clarifies legal limits on executive power

In an affidavit filed in the Rajubala Das case, the Union reaffirms that deportation requires nationality verification, travel documents and acceptance by the receiving State, while setting out the legal framework governing detention pending deportation

The Supreme Court’s Uneasy Middle Path on Protest Policing

The July 28 interim order preserves evidence and contemplates an SIT, but leaves unresolved who should investigate when the police themselves stand accused

SC: ECI has no power to determine citizenship status based on electoral roll deletions

The Supreme Court of India has orally reiterated that the Election Commission cannot determine citizenship. While hearing a petition about the denial of welfare benefits to those excluded during the SIR in West Bengal, the court clarified that voter list deletions do not result in automatic citizenship loss

Brinda Karat seeks review of SC verdict in Thakur-Verma hate speech case

Plea argues the Court wrongly held no cognisable offence was made out without a merits hearing

SC: Reasoned & Fair adjudication by Foreigners Tribunals, a must for proving citizenship

The Court held that declarations of foreigner status must follow meaningful notice, proper appreciation of evidence and a reasoned decision, even where proceedings are ex-parte

SC remands 27 citizenship cases, reaffirms constitutional fairness

Holds that while Section 9 applies, foreigner status must be determined through a lawful and reasonable process

Women: Nation builders, missing from the nation’s books

An exploration of the path-breaking verdict delivered by the SC declaring “housewives as nation-builders”[1]. The author, an academic explores, academically and historically, how societies and nations have only imagined economies and valued production through narrow prisms while feminist scholars have spent decades challenging this hierarchy; the real challenge that the June 11 judgement throws is whether we are prepared for a substantive re-set and re-construct

Declared Foreigners, Facing Deportation: Supreme Court grants interim relief

Women detained after being declared foreigners argue that tribunals disregarded substantial evidence and relied on minor inconsistencies to reject their citizenship claims

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

The Supreme Court blinks when it comes to Hate Speech

By declining contempt proceedings, denying guidelines, and acquitting the accused without inquiry, the Court in Ashwini Kumar Upadhyay undoes what it spent years building

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