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Tag: Supreme Court
When Speech Becomes an Act of Terrorism
Terms like “freedom of speech,” “freedom of expression,” “Article 19” or even a simple “free” do not even find a mention in the Supreme Court’s January 5 judgement in...
When Morality Meets Surveillance: The court’s push toward state-regulated digital content
CJP Team -
As the Supreme Court pushes the Union to regulate online obscenity and now suggests Aadhaar-based age verification, India stands at the edge of a new regime where the State decides what citizens may see, say, or seek
Supreme Court restores Article 21 safeguards, calls 24-month UAPA custody without charge sheet illegal; sets aside Gauhati HC’s reliance on Sec 43D(7)
Bench rules that default bail is an indefeasible right and cannot be denied on grounds of nationality or alleged illegal entry
SC secures return of pregnant woman and child deported to Bangladesh, says ‘law must bend to humanity’
Union concedes to humanitarian repatriation; Supreme Court questions due process, sets next hearing on status of four remaining deportees
‘They Have a Right to Be Heard’: Supreme Court suggests Union brings back alleged deportees from Bangladesh “at least as a temporary measure”
Top Court questions the Union’s resistance to repatriation, stressing that individuals asserting Indian citizenship cannot be expelled without enquiry, hearing, or due process — as both Indian and Bangladeshi courts find the June 2025 deportations unconstitutional and improperly executed
A New Silence: The Supreme Court’s turn toward non-interference in hate-speech cases
The Court’s refusal to monitor rising hate-speech incidents marks a decisive shift from its earlier activist stance, exposing contradictions between judicial pronouncements, institutional capacity, and the lived realities of targeted communities
Clarity Without Cure: The Supreme Court’s reinterpretation of Articles 200 and 201 and the future of federal governance
The opinion restores textual fidelity to Article 200, but its institutional hesitations risk enabling executive obstruction of democratically enacted State legislation
Beyond mere Recognition: The Jane Kaushik judgment and the next frontier of transgender equality
CJP Team -
In a landmark decision, the Supreme Court acknowledged the dignity and rights of employment of transgender individuals, ordered monetary compensation for a transwoman teacher who had been terminated from her position, and ordered that a model Equal Opportunity Policy be made mandatory in all institutions, going further than the Constitution's promise of equality in private employment
Due Process Strengthened: Supreme Court mandates written, language-specific grounds for arrest under special laws and general laws
Building on Pankaj Bansal and Prabir Purkayastha judgements, the Court constitutionalised a uniform standard—every arrest, whether under IPC/BNS or special enactments, must be supported by written grounds communicated in the arrestee’s own language, failing which the arrest stands void
Union government challenges Calcutta High Court repatriation order, moves Supreme Court instead even as Bangladesh declares six deported Bengalis Indian citizens
Rather than complying with the Calcutta High Court’s directive to bring back six wrongly deported residents of West Bengal’s Birbhum district, the Union government has challenged the order in the Supreme Court — even as a Bangladesh court and multiple documents affirm the victims’ Indian citizenship
Supreme Court examines Forest Rights Act 2006 versus Conservation Law, makes national headlines
CJP Team -
The rights of Adivasis and forest dwellers are, once again under threat as India's highest court considers the impact of Parliament’s wide-sweeping changes to the Forest Conservation Law (2023)