Rahul Gandhi MP Status, Same-Sex Marriage, Article 370 — Major SC Verdicts In 2023
Year Ender 2023: The Supreme Court has delivered a range of crucial verdicts this year. Here we take a look back at some of the most important ones.
Year Ender 2023: As we prepare to welcome 2024 and bid farewell to 2023, it is the time of the year when we look back at all that happened across different arenas to understand what changed, what remained the same and what could be expected in the future. The Supreme Court, like every other year, delivered important judgements keeping the faith of people alive in justice, verdicts that mattered to thousands, and orders that brought clarity.
Here, we look at 15 such verdicts of the apex court that have left a mark on 2023.
1. Demonetisation: The year began with a major verdict as the Supreme Court upheld the 2016 demonetisation of the PM Narendra Modi-led government. A Constitution bench dismissed 58 petitions challenging the Centre's move to demonetise Rs 500 and Rs 1000 notes with a 4-1 majority.
"There has to be great restraint in matters of economic policy and the court cannot supplant the wisdom of the executive by a judicial review of its decision," a five-judge Constitution bench of the apex court, headed by Justice S A Nazeer, said, as reported by news agency PTI.
2. Freedom Of Speech And Statement By Minister: The top court in January held that no additional restrictions, except those mentioned under Article 19(2) of the Constitution, can be imposed on a public functionary's right to freedom of speech and expression. A 5-juge Constitution bench ruled that a minister's statement cannot be attributed "vicariously" to the government even when applying the principle of collective responsibility.
Stopping Support For Terminally Ill Patients: Over four years after its judgemnt stating the right to die with dignity, the SC issued a changed set of guidelines to remove terminally ill patients from support to allow them to die and end their sufferings. A 5-judge bench noted that the legislature is much more endowed with "skills and sources of knowledge" to enact a relevant law, and it limited itself to improving the guidelines it had laid down on "Living Will" in 2018.
3. CEC, ECs Appointment: A 5-judge Constitution bench of the Supreme Court ordered that the Chief Election Commissioner (CEC) and Election Commissioners (ECs) shall be appointed on the advice of a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha and Chief Justice of India.
However, the Centre has moved a bill to replace the CJI from the panel with a Cabinet Minister
4. Enhanced Compensation For Bhopal Gas Tragedy Victims: The Supreme Court in March this year rejected Centre's curative plea for enhanced compensation for the victims of the 1984 Bhopal Gas tragedy from US-based firm Union Carbide Corporation, now owned by Dow Chemicals. The top court said, "Sum of Rs 50 crore lying with RBI for victims of Bhopal gas tragedy shall be utilised by govt to satisfy pending claims."
The Centre pleaded for another Rs 7,844 crore from the UCC's successor firms over and above the USD 470 million (Rs 715 crore) it got from the American company as part of the settlement in 1989.
In their response, the firms had told the top court that the Government of India never suggested at the time of the settlement that it was inadequate.
5. Adultery: Clarifying its 2018 verdict striking down Section 497 of the Indian Penal Code (Adultery Law), the Supreme Court said that the order was not concerned with provisions of the Armed Forces Act. A 5-judge bench ruled that if an armed personnel indulged in adultery, an action could be taken against the person as per the Army Act for adulterous acts.
6. SC on Delhi LG Vs AAP Govt: The Chief Justice of India led a five-judge Constitution bench and delivered a unanimous decision, resolving the dispute between the Delhi government and the Central government that had been ongoing for eight years. The bench ruled that the Delhi government has legislative and executive powers concerning the management of services, excluding matters relating to police, public order, and land administration
However, the Centre moved The Government of National Capital Territory of Delhi (Amendment) Bill, 2023 to reverse the judgement and got it passed through both Houses. The President of India gave assent to the bill reversing the top court's order.
7. Sikkim Expemted From Tax: The Supreme Court held that the benefit to Sikkim of not paying taxes to the Centre under Section 10 (26AAA) shall be extended to all Sikkimese people. This included those who permanently settled in the state before the merger of Sikkim in India. Before the verdict, the exemption excluded 'old Indian settlers', who had permanently settled in the state before 1975, when Sikkim merged with India.
8. Divorce: The Supreme Court's five-judge Constitution bench said it can dissolve a marriage on the ground of irretrievable breakdown of a marriage, adding that it can invoke special power granted to it under Article 142 of the Constitution and that the mandatory waiting period of 6 months for divorce through mutual consent can be dispensed with subject to conditions.
Article 142 of the Constitution deals with the enforcement of the Supreme Court's decrees and orders to do "complete justice" in any matter before it.
9. Maharashtra Politics: In its landmark order, a five-judge bench of the Supreme Court held Maharashtra Governor's decision to then CM Uddhav Thackeray to face a floor test in the wake of the crisis in his party "unjustified". The court said that the Governor must apply his mind to see if the ruling party has lost the majority.
The court also drew distinctions between the powers of a political party and the legislative party saying that only a political party can appoint the Whip and the Leader of the party in the House.
10. Rahul Gandhi MP Status: The Supreme Court, in August this year, stayed the Surat court's conviction against Rahul Gandhi in a criminal defamation case over his 'Modi surname' remark. The court observed the trial judge had not provided sufficient reasons for imposing the maximum sentence of two years, ultimately reinstating his status as a Lok Sabha MP.
11. Child Born Of Void Marriage: The Supreme Court in September recognised the rights of children born out of invalid marriages in their parents' share in Hindu joint family property. The apex court said children born out of void/voidable marriages are entitled to inherit a share in the property of their deceased parents -- whether self-acquired or ancestral.
The court held the ruling applies only to Hindu joint family properties governed by Hindu Mitakshara Law.
12. 26 Weeks Pregnancy: A three-judge Supreme Court bench rejected the plea of a married woman who has sought termination of her over 26-week pregnancy on account of her illness. The bench observed that the length of pregnancy has crossed 24 weeks, medical termination of pregnancy cannot be permitted. It also added that there is no immediate threat to the mother and this is not a case of foetal abnormality.
13. Manual Scavenging: Calling it a "deplorable practice", the Supreme Court issued directives to both the Centre and all state governments to ensure the complete eradication of manual scavenging in the country. Additionally, in cases of permanent disablement resulting from sewer operations, the court raised the compensation to Rs 20 lakhs, while for other forms of disablement, the court held that the compensation must not be less than Rs 10 lakhs.
14. Same-Sex Marriage: Months after the marathon hearing of the pleas seeking legalisation of same-sex marriage, the Supreme Court in October ruled with a 3:2 majority that it was up to the state to ensure what petitioners are seeking. The Consitution bench however said that queer couples can have a live-in relationship, choose their partners, have the right to gender identity, and right to sexual orientation, and they have full freedom in the same but added that recognisation of their marriage rests with the Parliament.
It said that same-sex couples cannot adopt a child and said centre can form a high-level panel to look into issues faced by same-sex couples in matters relating to insurance, PF, and pension among others. The court also said that the right to marry cannot be accepted as a fundamental right.
15. Article 370: A five-judge Constitution bench of the Supreme Court upheld the Centre's 2019 decision to abrogate Article 370 removing the special status of the erstwhile state of Jammu and Kashmir. The court also held constitutionally valid the decision to carve out Ladakh as the Union Territory.
The bench held that Article 370 was a temporary provision, but asked the centre to restore the statehood of Jammu and Kashmir and hold elections there by September 2024.
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