Article 370, Marriage Equality, Demonetisation etc - Supreme Court's 2023 was intense

The year 2023 was marked by significant verdicts from the respected Supreme Court, which had a profound impact on the legal framework of the nation. These rulings encompassed various contentious matters such as demonetisation, same-sex marriage, and Article 370, and demonstrated the crucial role played by the apex court in handling complex legal issues. This article explores the prominent judgments that shaped the legal discourse of the year, addressing a wide range of topics including political crises and fundamental rights. Each decision exemplifies the Court's dedication to upholding constitutional values and dispensing justice in a rapidly changing socio-political environment.

Milestone Supreme Court Decisions 2023

Validation of Demonetization

In a momentous decision, the Supreme Court, with the consensus of a Constitution Bench, has deemed the 2016 demonetisation scheme to be legally valid. This verdict, issued on the first working day of 2023, affirms that the economic policy decision was found to be "not in violation of the law." The majority, with a 4-1 ruling, expressed support for the government's action, highlighting the thorough examination of pertinent factors during the decision-making process.

Court Ruling- Official Pdf

banned 500 rps

CEC and EC Appointment Procedure Clarified

The Supreme Court has clarified the procedure for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in response to concerns. According to the court's ruling on March 2, a committee consisting of the Prime Minister, the Leader of the Opposition in Lok Sabha, and the Chief Justice of India should offer their advice on these appointments. The court emphasized the importance of upholding fundamental constitutional values such as democracy and the Rule of Law.

Court Ruling- Official Pdf

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Election commision of india - chief election commissioner

Chief Election Commissioner Mr Rajiv Kumar

Divorce Grounds Expanded

In a recent ruling on April 30th, the Supreme Court has broadened the grounds for divorce by permitting it based on the "irretrievable breakdown" of marriage. Utilizing its special powers under Article 32, the Constitution Bench has stated that this decision does not go against public policy principles, and may even waive the mandatory six-month waiting period under specific circumstances.

Court Ruling- Official Pdf

Divorce Grounds Expanded

Political Turmoil in Maharashtra Addressed

The Supreme Court, on May 11, addressed the political turmoil in Maharashtra and expressed that the actions of Governor Bhagat Singh Koshiyari in asking then Chief Minister Uddhav Thackeray to prove the majority were deemed unjustified. The Court acknowledged the absence of substantial evidence indicating a loss of confidence and chose not to impose a status quo ante, considering the governor's resignation.

Court Ruling- Official Pdf

Maha governor Bhagat Singh Koshiyari

Governor Bhagat Singh Koshiyari

Delhi Government's Administrative Control Affirmed

The Supreme Court, in a unanimous decision, has affirmed the administrative control of the Delhi government over the bureaucracy in the national capital. The Constitution Bench, led by Chief Justice DY Chandrachud, has clarified that the legislature holds authority over bureaucrats in areas falling within the legislative powers of the National Capital Territory, except public order, police, and land.

Court Ruling- Official Pdf

delhi governor and CM

Delhi CM and Lieutenant Governor

Legal Reprieve for Rahul Gandhi

On August 4, the Supreme Court granted a legal reprieve to Congress leader Rahul Gandhi by staying his conviction in a criminal defamation case. The bench, observing the absence of sufficient grounds for imposing the highest penalty, permitted his re-entry into the Lok Sabha. Additionally, they advised him to exercise greater caution in his public speeches.

Court Ruling- Official Pdf

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rahul gandhi and PM modi

MediaOne Ban Overturned

The ban on Malayalam news channel MediaOne has been overturned by the Supreme Court on April 5. The Court expressed its concerns regarding the Centre's use of national security claims and stressed the significance of preserving free speech and press freedom by preventing any potential chilling effect.

Court Ruling- Official Pdf

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media one logo

Same-Sex Marriage Not Recognized

In a highly anticipated verdict, a five-judge Constitution bench of the Supreme Court has declined to grant legal recognition to same-sex marriages. The judgment affirms that the right to marriage is not deemed fundamental, thereby upholding the current state of affairs regarding the Special Marriage Act.

Court Ruling- Official Pdf

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LGBTQIA+

Article 370 Abrogation Upheld

The Supreme Court, on December 11, upheld the constitutional validity of the 2019 abrogation of Article 370, which led to the removal of the special status of Jammu and Kashmir. In their ruling, the five-judge bench instructed the restoration of statehood and emphasized the importance of holding Legislative Assembly elections.

Court Ruling- Official Pdf

you may also read:Supreme Court Upholds Abrogation Of Article 370 In J&K, Directs ECI To Conduct Legislative Assembly Elections By 30th Sep'24

5 JUDGE BENCH

Jallikattu and Manual Scavenging addressed

The Supreme Court, on May 18, supported state amendments allowing Jallikattu, while emphasizing the constitutional validity of these changes. Moreover, on October 20, the Court expressed a firm stance on manual scavenging, calling for compensation for sewer deaths and advocating for its total elimination.

Court Ruling- Official Pdf

Court Ruling- Official Pdf

jallikattu - bbc

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manual scavenging- the wire

In conclusion

As the gavel fell on the final judgments of 2023, the Supreme Court's significant role in shaping the nation's legal trajectory became evident.  Through these landmark judgments, the year 2023 reaffirms the judiciary's dedication to upholding constitutional principles and ensuring justice amidst complex challenges. The Supreme Court's steadfast position will undoubtedly have a lasting influence on the development of law and governance in the years ahead.

PC:multiple agencies 

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