January Monthly Cases List 2023

As per the reports, the Supreme Court has delivered 84 reportable judgments and passed 12,367 orders, which is an average of 588 orders per working day. In this blog, we bring out some of the important judgments and orders of the Supreme Court for the LLM exam and UGC NET purposes.

Vivek Narayan Sharma v. Union of India 2022 SCC Online SC 1

The Constitution Bench comprising of Justice SA Nazeer, Justice BR Gavai, Justice AS Bopanna, Justice V. Ramasubramanian, and Justice BV Nagarathna. of the Supreme Court upheld by a 4:1 majority the decision taken by the central government six years ago in 2016 to demonetize currency notes of Rs 500 and Rs 1,000 denominations. The only female judge on the bench, Justice BV Nagarathna in her dissenting view held that though demonetization was well-intentioned and well thought it has to be declared unlawful on legal grounds (and not on the basis of objects).

Read our Blog decoding the Supreme Court’s demonetization decision: Key Takeaways From Demonetization Judgment

Kaushal Kishor v. State of Uttar Pradesh, 2022 SCC Online SC 6

Constitution Bench comprising of Justice SA Nazeer, Justice BR Gavai, Justice AS Bopanna, Justice V Ramasubramanian, and Justice BV Nagarathna with 4:1 has comprehensively observed that no one can either be taxed or penalized for holding an opinion that is not in conformity with the constitutional values. The Court also held that the grounds of restriction are exhaustive under article 19(2) and additional grounds cannot be imposed on Article 19 (1) (a) of MPs, MLAs & Ministers. The majority also held that the fundamental rights under Articles 19 & 21 can be enforced against persons other than State or its instrumentalities (Justice BV Nagarathna dissents)

Read our Blog decoding the Supreme Court’s demonetization decision: Decoding Kaushal Kishor v. State of Uttar Pradesh

KC Cinema v. State of Jammu & Kashmir (UT of J&K), 2023 SCC Online SC 22

Supreme Court comprising of CJI DY Chandrachud and Justice PV Narasimha has held that cinema owners can prohibit the outside food inside their premises and the same is protected under article 19(1) (g) of the Constitution. The restrictions on the cinema-goers were held to be fair and reasonable.

Deepak Ananda Patil v. State of Maharashtra, 2023 SCC Online SC 34

Supreme Court comprising of CJI DY Chandrachud and Justice PV Narasimha has held that a quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication. The bench also relied on the decision of T Takano v. Securities and Exchange Board of India, (2022) 8 SCC 162 which dealt with the duty to disclose investigative material.

Baharul Islam v. Indian Medical Association, 2023 SCC Online SC 79

Supreme Court in this case discussed the doctrine of repugnancy and held that the State Legislature has no legislative competence to enact a law that is in conflict with the law setting the standards of medical education. The Court also held that the Legislature may retrospectively remove the foundation on which the judgment was based but cannot directly or indirectly overrule the decision.

Ashok Pandey v. Union of India

Supreme Court has held that there are no provisions in the Constitution that prohibit the lawyers practicing in the Supreme Court from being eligible for being elevated as a judge of the High Court. The Supreme Court refused to accept the interpretation that a person who may have been enrolled with a State Bar Council and subsequently shifted practice in the Supreme Court is ineligible to be appointed as a High Court judge.

Saurav Das v. Union of India, 2023 SCC Online SC 58

Supreme Court comprising of Justice MR Shah and Justice CT Ravikumar has refused to direct that chargesheets filed by investigating agencies be uploaded on public websites for public access-chargesheets are not ‘public documents. The Court held that directions in the Youth Bar Association of India v. Union of India, (2016) 9 SCC 473 regarding the uploading of FIR cannot be extended to chargesheets.

Advocates Association Bengaluru v. Barun Mitra

Supreme Court comprising of Justice SK Kaul and Justice AK Oka has issued notice to the Secretary (Justice) and the current Additional Secretary (Administration and Appointment) over delays in clearing collegium reiterations. The Court has also criticized the Central govt. over the delay in the appointment of judges.

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