SC Affirms Article 370 and Demonetization in a Year of Milestones

SC Affirms Article 370 and Demonetization in a Year of Milestones

Asif Iqbal | December 25, 2023 | 03:35 PM IST | Courts & Law, Jammu Kashmir | Follow on Google News

SC Affirms Article 370 and Demonetization in a Year of Milestones.image/daily excelsior

SC Affirms Article 370 and Demonetization in a Year of Milestones

In 2023, the Supreme Court marked a year of significant milestones, issuing a series of landmark verdicts. Notable decisions included the validation of the Centre’s actions in scrapping Article 370, which granted special status to Jammu and Kashmir, the demonetization of Rs 1,000 and Rs 500 currency notes, and the denial of legal recognition to same-sex marriages.

Under the leadership of Chief Justice D Y Chandrachud, the Supreme Court achieved a record by resolving an unprecedented 52,191 cases between January 1 and December 15, 2023, surpassing the previous year’s disposal of nearly 40,000 cases.

While the Modi government received strong support from the Supreme Court for nullifying Article 370 and discontinuing high-denomination currency notes, it faced a setback as the court ruled that the Delhi government held legislative and executive control over services in the national capital, with exceptions for public order, police, and land.

A unanimous decision by a five-judge bench established that the President, based on a committee’s advice comprising the prime minister, leader of the opposition in the Lok Sabha, and the Chief Justice of India, would appoint the Chief Election Commissioner and Election Commissioners. Subsequently, the Centre enacted a new law and amended the Government of National Capital Territory of Delhi (GNCTD) Act, excluding the Chief Justice of India from the committee for selecting poll panel members and asserting control over services in Delhi.

Despite ongoing tensions between the Supreme Court and the Centre regarding the appointment and transfer of judges, the apex court operated with its full complement of 34 judges for most of the year, approving all 14 recommendations for judgeships expeditiously.

The hopes of the LGBTQ+ community for legal validation of marriages and associated rights were dashed as a fractured verdict by a five-judge constitution bench left major issues to the discretion of Parliament.

The Centre faced criticism from the Supreme Court for extending the tenure of the Enforcement Directorate chief, Sanjay Kumar Mishra, deemed “illegal” by the court.

While the Supreme Court unanimously upheld the Centre’s decision to revoke Article 370, it mandated the restoration of statehood to the present-day Union Territory of Jammu and Kashmir “at the earliest” and called for state assembly elections by September 30, 2024.

In a setback for the central government, its curative plea seeking additional compensation for victims of the 1984 Bhopal gas tragedy was dismissed.

The Supreme Court reserved its verdict on the Adani-Hindenburg row, addressing allegations of stock price manipulation. It scrutinized the discretionary powers of state governors and legislative assembly speakers, particularly in Maharashtra, Tamil Nadu, Punjab, Kerala, and Telangana.

The court refrained from reinstating the MVA government in Maharashtra amid Shiv Sena faction strife, extending the deadline for the Speaker to decide on disqualification petitions. It also cautioned governors in Punjab and Tamil Nadu against delaying assent to bills.

Addressing hate speeches, the Supreme Court expressed its intent to establish a mechanism to handle such incidents. Marathon hearings on various cases, including reconsideration of immunity for lawmakers and challenges to the electoral bonds scheme, are expected to conclude in 2024.

The Supreme Court also tackled air pollution issues in Delhi-National Capital Region, launching a handbook on ‘gender unjust terms’ to promote inclusive language. Initiatives such as the ‘SuSwagatam’ portal and integration with the National Judicial Data Grid aimed to enhance accessibility for litigants.

In response to ethnic violence in Manipur, the court issued directives for protection, rehabilitation, and compensation. Upholding media freedom, it quashed the telecast ban on Malayalam news channel ‘MediaOne’ and sought guidelines on the seizure of electronic devices.

Delivering significant verdicts on the Unlawful Activities (Prevention) Act, the Supreme Court clarified the offense of mere membership in a banned organization and the non-applicability of UAPA to the possession of certain literature.

The court also addressed animal-related matters, including the death of cheetahs in Madhya Pradesh, and upheld the validity of amendments allowing cultural sports like ‘Jallikattu’ and ‘Kambala’ in Tamil Nadu, Maharashtra, and Karnataka.

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Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.