In 2023, the Supreme Court of India delivered several significant judgments that had a profound impact on various aspects of law and governance. Here are the top 10 important judgments:
Upholding the Abrogation of Article 370: The Supreme Court ruled in favor of abrogating Article 370 of the Constitution, which granted special status to Jammu and Kashmir. The Court held that Article 370 was a temporary provision, not a permanent one.
A five-judge Constitution bench headed by Chief Justice of India DY Chandrachud, Justices SK Kaul, Sanjiv Khanna, BR Gavai and Surya Kant delivered the Judgement holding that the decision taken by the Centre on August 5, 2019, to abrogate the provisions of Article 370 of the Constitution which conferred special status on the erstwhile state of Jammu and Kashmir was constitutionally valid.
Read More:
Article 370 of Constitution a temporary provision, says SC
Article 370: Wounds Need Healing, Says Justice Kaul, Recommends Truth and Reconciliation Commission
Article 370: Timeline of Developments
Highlights of SC Judgement in Article 370 Case
No 6 Month Waiting Period for Divorce: The Supreme Court decided to allow divorce on the grounds of irretrievable breakdown of marriage without the previously required six-month waiting period.
The Supreme Court of India has ruled that it can grant divorce on the basis of irretrievable breakdown of marriage using its special powers under Article 142 of the Constitution, even though this is not currently a recognised legal ground for divorce.
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Outrageous Speeches and Defamation Case: The Court highlighted the seriousness of hate speeches affecting secularism and security. In a separate matter, the Supreme Court stayed the conviction of Rahul Gandhi in a criminal defamation case.
A three-judge bench of Justices B R Gavai, P S Narasimha and Sanjay Kumar said no doubt that the utterances were not in good taste and that a person in public life is expected to exercise caution while making public speeches.
“No reason has been given by the trial judge for imposing maximum sentence, the order of conviction needs to be stayed pending final adjudication,” the bench said.
Read More:
SC stays conviction of Rahul Gandhi in 2019 criminal defamation case over his Modi surname remark
Upholds Demonetization: The Court upheld the controversial 2016 decision of demonetization, which involved the banning of Rs. 500 and Rs. 1,000 notes.
A 5-Judges constitution bench of Supreme Court, rejected the challenge by 58 petitions to the Union government’s 2016 decision to demonetise Rs 500 and Rs 1000 currency notes saying the decision, being Executive’s Economic Policy, cannot be reversed.
Read More:
Demonetisation of Currency in 2016 Was Valid, Holds Supreme Court
Key Verdict on Appointment of CEC and ECs: A five-member bench decided that the Chief Election Commissioner and Election Commissioners will be appointed by a panel consisting of the Prime Minister, the Chief Justice of India, and the Leader of the Largest Opposition Party in the Lok Sabha.
The Supreme Court ruled that appointment of the Chief Election Commissioner and elections commissioners will be done by the President on the advise of a committee comprising the prime minister, leader of opposition in the Lok Sabha and the Chief Justice of India.
Read More:
President To Appoint CEC, ECs on Advise of Committee Comprising PM, LoP, CJI: SC
No to Same-Sex Marriages: The Supreme Court refused to legalize same-sex marriages, stating that only Parliament has the right to legislate on this issue.
The Supreme Court declined to grant legal sanctity to the right to marriage to the same sex couples under the Special Marriage Act but upheld their right to cohabitational right without any threat to violence, coercion or interference.
Read More:
BREAKING: Supreme Court Declines to Grant Legal Sanctity to Same Sex Marriage by 3:2 Majority
Same Sex Marriage – Chronology of Events
Eradication of Manual Scavenging: The Court ordered compensation for the kin of those who die while cleaning sewers and suggested complete eradication of manual scavenging.
Observing that a large segment of India’s population, involved in manual scavenging, has remained unheard and muted, in bondage and systematically trapped in inhumane conditions, the Supreme Court has directed the Centre and states to take appropriate measures, frame policies and issue directions to ensure that manual sewer cleaning is completely eradicated in a phased manner.
Read More:
SC directs Centre, states to ensure eradication of manual sewer cleaning in phases
Jallikattu Approval: The Court upheld amendments made by Tamil Nadu, Karnataka, and Maharashtra to the Prevention of Cruelty to Animals Act, 1960, allowing traditional bull-taming sports like Jallikattu and Kambala, and bullock-cart racing.
A five-judge Constitution bench headed by Justice K M Joseph, which delivered a unanimous verdict, dealt with five questions referred to it by a two-judge bench of the apex court in 2018.
“Jallikattu”, also known “eruthazhuvuthal”, is a bull-taming sport played in Tamil Nadu as part of the Pongal harvest festival.
Read more:
SC upholds validity of Tamil Nadu law allowing bull-taming sport ‘Jallikattu’
Action Against Corrupt Officials: The Supreme Court clarified that officials involved in corruption cases will not be protected from arrest. SC ruled that High Courts must maintain a hands-off approach and not quash FIR pertaining to “Corruption” Cases, especially at the stage of the investigation.
In this case, a complaint was lodged by the US in the office of the Chief Minister of the State. It was alleged that AS [an Indian Revenue Service (IRS) officer and the former Principal Secretary to the erstwhile Chief Minister of Chhattisgarh], his wife YS, and his family were involved in corruption and money laundering and that he also held assets which are disproportionate to his known sources of income.
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Adani-Hindenberg Case: In this high-profile case, the Court ruled that an expert committee should be formed to investigate questions raised by the Hindenburg Resource Report on Adani companies.
The Supreme Court ordered setting up of a six- member committee headed by former apex court judge A M Sapre to look into various regulatory aspects for stock markets, including the recent Adani Group shares crash triggered by the Hindenburg Research’s fraud allegations.
Read more:
Adani-Hindenburg row: SEBI can’t be asked to take media reports as gospel truth, says SC
These judgments reflect the Court’s approach towards various critical issues, including governance, personal liberty, economic policies, and cultural practices
