The Supreme Court of India in 2023 delivered many landmark verdicts on issues ranging from Article 370 to the recognition of same-sex marriages….reports Asian Lite News
Here are the major judgements delivered by the Supreme Court:
Upholds demonetisation scheme
In January 2023, a five-judge Constitution bench of the Supreme Court affirmed the validity of the November 2016 demonetisation scheme of the Centre. Supreme Court by a 4:1 majority judgement upheld the November 2016 decision to demonetise Rs 500 and Rs 1000 currency notes.
Nod for Jallikattu, other bull-taming sports
The Supreme Court on May 18 upheld the amendments made by the legislatures of Tamil Nadu, Maharashtra, and Karnataka to The Prevention of Cruelty to Animals (PCA) Act, 1960. These amendments allow for bull-taming sports such as Jallikattu, kambala, and bullock-cart races.
The verdict of a five-judge Constitution bench came on a batch of petitions challenging the Tamil Nadu and Maharashtra governments’ laws allowing the bull-taming sport “Jallikattu” and bullock cart races.
SC clarifies on Delhi government
On the Delhi government versus LG case, in May, a five-judge Constitution bench of the Supreme Court clarified that Delhi has legislative and executive power over administrative services, except for public order, police, and land matters.
It held that the Lt Governor will be bound by the council of ministers’ decisions, except in excluded domains. However, the verdict was overturned by an ordinance, which later turned into a law, that kept services under the control of the Centre.
SC on Maharashtra political crisis calls Governor’s request for floor test ‘not justified’
A five-judge Constitution bench of the Supreme Court on May 11 held that former Maharashtra Governor Bhagat Singh Koshyari was “not justified” to call for a floor test based on the request of the Eknath Shinde faction since he did not have enough objective material before him to conclude that the then Chief Minister Uddhav Thackeray had lost the confidence of the House.
The Supreme Court said it cannot disqualify the Eknath Shinde-led Maharashtra government and reinstate Uddhav Thackeray as Chief Minister because the latter had chosen to resign instead of facing a test of strength in the Assembly.
SC stays Rahul Gandhi’s conviction in defamation case
On August 4, the Supreme Court stayed the conviction of Congress leader Rahul Gandhi in a criminal defamation case over ‘Modi surname’ remark during a political rally in 2019. As Gandhi’s conviction was stayed, his Lok Sabha Sabha MP status was reinstated. Gandhi was sentenced to two years’ imprisonment which disqualified him as an MP under the rigours of the Representation of People Act.
SC recognises the rights of a child born of void marriage entitled to share in property
In September, the Supreme Court recognised the rights of children born out of invalid marriages in their parents’ share in Hindu joint family property. The Supreme 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.
No legal recognition for same-sex and queer marriages
On October 17, a five-judge Constitution bench of the Supreme Court refused to recognise the right of same-sex couples to enter into marriages or have civil unions and left it to the Parliament to decide the issue. The Supreme Court unanimously said it cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently to include non-heterosexual couples within its fold.
Eradicate manual scavenging
On October 20, the Supreme Court expressed grave concern over deaths during manual scavenging and termed it a “deplorable practice”. Supreme Court increased compensation upto Rs 30 for the kin of individuals who die while cleaning sewers. Asking the Centre and State government to take measures to completely eradicate manual scavenging, the Supreme Court further ordered that those who suffer permanent disabilities while engaged in this work will receive a minimum compensation of Rs 20 lakh.
SC upholds abrogation of Article 370
A five-judge Constitution bench of the Supreme Court on December 11 unanimously upheld the Union government’s 2019 decision to abrogate Article 370 of the Constitution which conferred the special status of Jammu and Kashmir while pointing out that Article 370 is a “temporary provision”. Supreme Court took the Solicitor General’s assurance into note that the Statehood of Jammu and Kashmir will be restored, except for the Union Territory of Ladakh. It asked the Centre to hold elections in Jammu and Kashmir by September 2024. (ANI)
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