New Delhi, December 25: In a year marked by significant milestones, the Supreme Court of India issued a series of landmark verdicts in 2023. Among these decisions were the upholding of the Centre’s actions to revoke Article 370, which granted special status to Jammu and Kashmir, and the validation of demonetization of Rs 1,000 and Rs 500 currency notes. Additionally, the court declined legal recognition for same-sex marriages.
Under the leadership of Chief Justice of India D Y Chandrachud, the Supreme Court achieved a remarkable feat by disposing of an unprecedented 52,191 cases between January 1 and December 15, 2023, surpassing the nearly 40,000 cases resolved the previous year.
While endorsing the Modi government’s decisions on Article 370 and demonetization, the Supreme Court delivered a setback by affirming that the Delhi government retained legislative and executive control over services in the national capital, except for public order, police, and land.
The year witnessed a constitutional amendment regarding the appointment of the Chief Election Commissioner and Election Commissioners. The court ruled that the President should make these appointments based on the advice of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. This led to the framing of a new law and amendments to the Government of National Capital Territory of Delhi (GNCTD) Act by the Centre.
Despite ongoing challenges between the Supreme Court and the Centre over the appointment and transfer of judges, the court functioned with its full complement of 34 judges for most of the year, approving all 14 recommendations for judgeship of the apex court.
However, the queer community’s hope for legal validation of their marriages faced a setback as a five-judge constitution bench issued a fractured verdict, leaving major issues to the discretion of Parliament.
The Supreme Court criticized the Centre for granting repeated extensions to Sanjay Kumar Mishra as the Enforcement Directorate (ED) chief, deeming it “illegal.”
In a major legal victory, the Supreme Court unanimously upheld the scrapping of Article 370. While ordering the restoration of statehood for the present-day Union Territory of Jammu and Kashmir “at the earliest,” the court mandated state assembly elections by September 30, 2024.
Other notable cases included the rejection of the Centre’s curative plea seeking additional compensation in the Bhopal gas tragedy, a reserved verdict on the Adani-Hindenburg row, scrutiny of the discretionary powers of state governors and legislative assembly speakers, and addressing issues related to air pollution in Delhi-National Capital Region.
In an innovative move, the Supreme Court launched a handbook containing a glossary of ‘gender unjust terms,’ aiming to make legal language more inclusive. The court also implemented measures to enhance accessibility, such as the launch of the ‘SuSwagatam’ portal for online registration and the onboarding of the National Judicial Data Grid.
The Supreme Court’s proactive stance extended to issues like ethnic violence in Manipur, media freedom, and cases related to the Unlawful Activities (Prevention) Act. The court upheld the validity of legislation allowing traditional sports like ‘Jallikattu,’ ‘Kambala,’ and bullock-cart races in Tamil Nadu, Maharashtra, and Karnataka, respectively.