2023: A Landmark Year in Indian Judiciary -Key Decisions and Their Impact”
The year 2023 has been a watershed moment for the Indian judiciary, with the Supreme Court delivering several landmark judgments. These decisions have not only reshaped legal precedents but also had profound societal impacts. Here’s an expanded analysis of these pivotal rulings:
1. Revocation of Article 370
- Background: Article 370 granted autonomous status to Jammu and Kashmir, a contentious issue in Indian politics.
- Judgment: The Supreme Court upheld the central government’s 2019 decision to revoke this special status. The bench declared Article 370 a temporary provision and validated the declaration of Ladakh as a Union Territory.
- Implications: The Court’s directive to restore statehood and conduct Assembly elections by September 2024 marked a significant political shift, impacting the region’s governance and India’s federal structure.
Also read-Supreme Court Affirms Article 370 Revocation (lawchakra.in)
2. Demonetisation Verdict
- Background: The sudden demonetisation of Rs 500 and Rs 1000 notes in 2016 aimed to curb black money and corruption.
- Judgment: The Supreme Court, in a 4-1 majority, upheld this policy decision. The bench emphasized the need for judicial restraint in economic policy matters, stating that the court cannot replace the executive’s wisdom with its review.
- Implications: This judgment validated the government’s bold economic move, setting a precedent for the judiciary’s role in reviewing economic policies.
3. Legal Status of Same-Sex and Queer Marriages
- Background: The legal validation of same-sex marriages has been a significant issue in the LGBTQ+ rights movement in India.
- Judgment: The Court, in a 3:2 majority, declined to legally recognize same-sex marriages. It ruled that there is no fundamental right to marry under the Constitution and denied adoption rights to queer couples, while directing the Centre to form a committee to explore rights for non-heterosexual couples.
- Implications: This decision sparked a national conversation on LGBTQ+ rights and the need for legislative action to recognize diverse forms of relationships.
Also read-Supreme Court Directs End To Queer Discrimination: A Comprehensive Overview (lawchakra.in)
4. Delhi LG vs AAP Government
- Background: The dispute between the Delhi government and the Centre revolved around the control of bureaucratic appointments.
- Judgment: The Supreme Court ruled that the Delhi government has the power to manage services, excluding police, public order, and land. However, this was later reversed by the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.
- Implications: This case highlighted the ongoing conflict over the distribution of powers between the Delhi government and the Centre, affecting governance in the national capital.
5. Shiv Sena Crisis and Maharashtra Politics
- Background: The internal crisis in Shiv Sena and the role of Maharashtra’s Governor in calling for a floor test.
- Judgment: The Court held the Governor’s decision as unjustified, emphasizing the distinction between the powers of a political party and a legislative party. It stated that only a political party can appoint the Whip and the Leader of the party in the House.
- Implications: This ruling had significant implications for party politics and the role of Governors in state politics, particularly in the context of internal party disputes.
6. Rahul Gandhi’s Defamation Case
- Background: Rahul Gandhi faced a defamation case for his remarks on the Modi surname.
- Judgment: The Supreme Court stayed the Surat court’s conviction, reinstating Gandhi’s status as a Lok Sabha MP. The Court observed that the trial judge had not provided sufficient reasons for imposing the maximum sentence.
- Implications: This decision underscored the importance of detailed judicial reasoning in lower courts and highlighted the role of the Supreme Court in overseeing judicial processes.
Also read-Supreme Court Petition Challenges Rahul Gandhi’s Lok Sabha Membership Restoration (lawchakra.in)
7. Reform in Appointment of CEC and ECs
- Background: Concerns over the transparency and independence of the appointment process for the Chief Election Commissioner and Election Commissioners.
- Judgment: The Supreme Court ordered that these appointments should be made based on the advice of a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India. However, a bill was moved to replace the CJI with a Cabinet Minister in this panel.
- Implications: This judgment was a significant step towards ensuring the independence of the Election Commission and strengthening democratic processes in India.
Also read-President Approves Bill For Chief Election Commissioner And ECs’ Appointment Process (lawchakra.in)
8. Freedom of Speech for Public Functionaries
- Background: The extent of freedom of speech available to public functionaries.
- Judgment: The Court held that no additional restrictions, beyond those mentioned under Article 19(2) of the Constitution, can be imposed on a public functionary’s right to freedom of speech and expression.
- Implications: This ruling clarified the boundaries of free speech for government officials and the limits of governmental control over their expressions.
9. Guidelines for Terminally Ill Patients
- Background: Ethical considerations surrounding the end-of-life care for terminally ill patients.
- Judgment: The Court issued guidelines on removing life support for terminally ill patients, emphasizing the right to die with dignity. It limited its earlier guidelines on “Living Will” and called for legislative action.
- Implications: This decision was a significant advancement in patient rights and end-of-life care, highlighting the need for legislative intervention in this sensitive area.
10. Other Notable Judgments
- Jallikattu and Traditional Sports: The Court upheld amendments allowing Jallikattu, Kambala, and bullock-cart racing, balancing cultural preservation with animal rights.
- Divorce on Irretrievable Breakdown: The Court granted divorce on these grounds, using its special powers under Article 32 of the Constitution.
- Eradication of Manual Scavenging: The Court directed the complete eradication of manual scavenging and specified compensation for related deaths and injuries, emphasizing the need for government action in this area.
Also read-Supreme Court Reserves Judgment On Section 6A Of Citizenship Act In Assam (lawchakra.in)
These judgments, delivered under the leadership of Chief Justice DY Chandrachud, who presided over Constitution Bench hearings for 71 days, demonstrate the Supreme Court’s commitment to addressing complex legal, social, and political issues, shaping India’s democratic and constitutional framework.
Also read-Supreme Court’s Measures For Christmas And Worship Site Safety In Manipur (lawchakra.in)
