In a series of pivotal judgments, the Supreme Court of India rendered several significant decisions in 2023, addressing critical and longstanding issues that have captivated the nation’s attention. From validating the revocation of Article 370 concerning Jammu and Kashmir to delivering a landmark verdict on same-sex marriage, the apex court remained at the forefront of legal discourse throughout the year.
At the onset of the year, the Supreme Court, in a 4-1 verdict, upheld the legality of the 2016 demonetisation initiative, asserting that the decision to withdraw specified currency notes was not unlawful. The bench, led by Justices S Abdul Nazeer, B R Gavai, A S Bopanna, and V Ramasubramanian, articulated that the process adhered to the requisite decision-making protocols, thereby endorsing the government’s stance on demonetisation.
Further, the Supreme Court addressed the appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), emphasizing the preservation of democratic principles and the Rule of Law. The court mandated that appointments to these pivotal roles shall be made based on the recommendations of a committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
In a significant development concerning marital laws, the Supreme Court recognized the concept of ‘irretrievable breakdown of marriage’ as a valid ground for divorce, invoking its constitutional powers under Article 32. The bench clarified that this exercise of judicial discretion would not contravene public policy, thereby facilitating an expedited dissolution of marriages under specified conditions.
Addressing the political landscape, the Supreme Court adjudicated on the Maharashtra political crisis, highlighting the gubernatorial decisions’ legal implications. The court determined that the then Maharashtra Governor Bhagat Singh Koshiyari’s directive to the Chief Minister Uddhav Thackeray to prove the majority in the Assembly lacked substantive grounds, underscoring the imperative for objective and lawful governance practices.
Furthermore, the Supreme Court issued directives pertaining to the administrative control over bureaucracy in the national capital, asserting the legislature’s prerogative over bureaucratic appointments and operations within the National Capital Territory of Delhi (NCT).
Notably, the Supreme Court deliberated on a defamation case involving Congress leader Rahul Gandhi, staying his conviction in a criminal defamation case while highlighting the necessity for reasoned judgments and adherence to legal protocols in lower courts.
Conclusively, the Supreme Court’s verdicts in 2023 encompassed a diverse array of issues, reflecting the institution’s commitment to upholding constitutional values and ensuring justice across various domains of governance and societal concerns.
