The
Supreme Court of India is the highest judicial body in India. It is a court of
record and has the power to interpret the Constitution of India. The Supreme
Court also has the power to review and set aside the decisions of lower courts.
Here are some of the recent important decisions of the
Supreme Court of India:
The
Supreme Court of India has delivered several landmark judgments in 2023, with
far-reaching implications for various aspects of Indian society and law. Here
are some of the most notable decisions:
Madhyamam Broadcasting Limited v. Union of India: In this landmark judgment, the Supreme
Court upheld the proportionality test as the standard for assessing the
reasonableness of limitations on both substantive and procedural rights. This
ruling has significant implications for the balance between government
regulation and individual freedoms.
Navjot Singh Sidhu v. State of Punjab: In this case, the Supreme Court upheld
the conviction of former cricketer Navjot Singh Sidhu for the culpable homicide
of Patiala city resident Gurnam Singh in 1987. The Court's decision highlights
the seriousness of road rage incidents and the need for strict accountability.
Teesta Setalvad v. State of Gujarat (July 19, 2023): The Supreme Court granted bail to
activist Teesta Setalvad, who was accused of fabricating evidence in the 2002
Gujarat riots. The Court's decision raised concerns about the use of pre-trial
detention and the treatment of activists.
Delhi Government v. Union of India (May 11, 2023):In a significant development, the
Supreme Court upheld the powers of Delhi's elected government over the
administration of the capital territory. However, this decision was
subsequently challenged by the Union government through an ordinance. The
ongoing tussle between the Delhi government and the Union government over
administrative control has drawn significant attention.
Beant Singh assassination case: The Supreme Court refused to commute
the death penalty of Balwant Singh Rajoana, convicted for the assassination of
Punjab Chief Minister Beant Singh in 1995. The Court left the decision of
commuting the sentence to the discretion of the government.
Kerala Story movie ban: The Supreme Court issued a notice to the West Bengal
government in a case challenging the ban on the Malayalam film "The Kerala
Story" in the state. The Court's intervention highlights the importance of
freedom of expression and the need to balance it with public concerns.
UP schools fees refund/adjustment: The Supreme Court stayed an Allahabad
High Court order directing Uttar Pradesh schools to refund or adjust 15% of
fees paid during the COVID-19 pandemic. The Court's decision reflects the
ongoing debate over school fees and the impact of the pandemic on education.
In the case of Navtej Johar v. Union of India, the Supreme Court struck down Section
377 of the Indian Penal Code, which criminalized consensual homosexual sex.
This was a landmark decision that was hailed by LGBTQ+ rights activists in
India.
Urban Improvement Trust, Bikaner Vs. Gordhan Dass (D)
through LRS (November 10, 2023):
This case dealt with the issue of whether the government could acquire land for
a public purpose without paying compensation to the landowners. The Court held
that the government could only acquire land for a public purpose if it was
necessary to do so, and that landowners were entitled to fair compensation.
In the case of Joseph Shine v. Union of India, the Supreme Court upheld the validity
of the Sabarimala temple's practice of banning women of reproductive age from
entering the temple. This decision was criticized by many, who argued that it
was discriminatory and violated women's fundamental rights.
In the case of Ayodhya land dispute, the Supreme Court ruled that the
disputed land in Ayodhya should be handed over to a trust for the construction
of a Hindu temple. This decision was welcomed by Hindus across India, but it
was also criticized by Muslims, who claimed that the land belonged to them.
In the case of Kesavananda Bharati v. State of Kerala, the Supreme Court held that the
fundamental right to property is not absolute and can be restricted by the
government. This decision has been used to justify a number of land acquisition
cases in India.
Unstamped Arbitration Agreement Not Legally Valid: In this case, a Constitution Bench of
the Supreme Court held that an unstamped arbitration agreement is not legally
valid. This decision has significant implications for commercial disputes in
India.
Wholesale Quotas Frustrate Purpose of Reservation: In this case, the Supreme Court held
that wholesale quotas for reservations in educational institutions are
unconstitutional and violate the right to equality. The Court directed the
Madhya Pradesh government to review its 75% domicile quota for B.Ed colleges.
These
are just a few of the many important decisions that the Supreme Court of India
has made in recent years. The Court's decisions have a significant impact on
the lives of Indians and have helped to shape the country's legal landscape.
