New Delhi: In 2023, the Supreme Court delivered judgments that had wide-ranging ramifications, mattered for thousands, and also were important for keeping the faith of people alive in justice. In this year-end special, ETV Bharat lists 10 such judgments of the apex court, which have left a mark on 2023:
1. Article 370: A five-judge constitution bench of the Supreme Court led by Chief Justice of India DY Chandrachud upheld the Centre's 2019 decision to abrogate Article 370, which gave special status to the erstwhile state of Jammu and Kashmir. The five-judges unanimously 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. The court also held constitutionally valid the decision to carve out Ladakh as the Union Territory. The Supreme Court also said para 2 of the Constitution (application to Jammu and Kashmir) Order, 2019 by which Article 370 was amended by amending Article 367 of the Constitution was ultra vires as interpretation clause cannot be used for amendment. "Paragraph 2 of CO 272 by which Article 370 was amended through Article 367 is ultra vires Article 370(1)(d) because it modifies Article 370, in effect, without following the procedure prescribed to modify Article 370. An interpretation clause cannot be used to bypass the procedure laid down for amendment," a bench led by Chief Justice of India D Y Chandrachud said.
2. Same-Sex Marriage: In October, a five-judge Constitution bench of Supreme Court, months after the marathon hearing of the pleas seeking legalisation of same-sex marriage, ruled with a 3:2 majority that it was up to the state to ensure what petitioners are seeking. The bench led by Chief Justice of India D Y Chandrachud refused to accord legal recognition to same-sex marriage, saying there was "no unqualified right" to marriage with the exception of those that are recognised by law. In a unanimous decision by the constitution bench said that there was no fundamental right to marry. CJI and Justice Sanjay Kishan Kaul, retired now, advocated for the recognition of same-sex partnerships, and also pushed for anti-discrimination laws to safeguard the rights of LGBTQIA+ individuals. Review petitions have been urging the apex court to reconsider its decision.
3. 26 Weeks Pregnancy: A three-judge Supreme Court bench led by CJI rejected the plea of a married woman, who has sought termination of her over 26-week pregnancy on account of her illness. The apex court said that the length of pregnancy has crossed 24 weeks, medical termination of pregnancy cannot be permitted. The top court said that there is no immediate threat to the mother and this is not a case of foetal abnormality.
4. Rahul Gandhi MP Status: In August, the Supreme Court, in a big relief to Congress leader Rahul Gandhi, stayed his conviction in a defamation case over his Modi surname remark. Gandhi had told the apex court that he would not tender any apology for his remarks as to why all thieves had Modi surname, and urged that his conviction should be stayed pending appeal, which would enable him to participate in the ongoing sittings of the Lok Sabha. The apex court had said: "No doubt that the alleged utterances by the appellant are not in good taste. A person in public life is expected to exercise a degree of restraint while making public speeches. However, as has been observed by this Court while accepting the affidavit of the appellant herein in aforementioned contempt proceedings, the appellant herein ought to have been more careful while making the public speech”.
5. Maharashtra Politics: A five-judge bench of the Supreme Court held Maharashtra Governor's decision to then Chief Minister Uddhav Thackeray to face a floor test in the wake of the crisis in his party "unjustified". 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.
6. Divorce: The apex 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, to do complete justice in any matter before it. The apex court said that the mandatory waiting period of six months for divorce through mutual consent can be dispensed with subject to conditions.
7. SC on Delhi LG Vs AAP Govt: A five-judge Constitution bench led by CJI 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 judgment. The bill was passed by both the Lok Sabha and the Rajya Sabha. The President of India gave assent to the bill reversing the top court's order.
8. Demonetisation: In the beginning of 2023, the Supreme Court, in a major verdict, upheld the 2016 demonetisation of the PM Narendra Modi-led government. The apex court 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," said the apex court.
9. CEC, ECs Appointment: A five-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. The Centre moved a bill to replace the CJI from the panel with a Cabinet minister.
10. Centre’s curative plea seeking enhanced compensation for Bhopal gas tragedy victims: In March, the apex court refused to entertain 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 Centre had sought for another Rs 7,844 crore from the UCC's successor firms over and above the USD 470 million, it got from the American company as part of the settlement in 1989.
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