“Judicial Highlights of 2014 – the year that saw it all”

2014 has been a year of change for India. The country witnessed 3 CJIs as the head of Judiciary, retirements and fresh appointments of judges, new team of law officers, change in the Central & State Governments, and a consequential undeclared war somewhere between these changes. The nation went through a transitional phase and the Constitutional courts played a very important role in balancing the direct will and the indirect will. In this piece, we have tried to concise the important yearly judgments and orders for our beloved readers.1. Constitution benchesA total of 16 judgments were pronounced by a bench comprising of 5 judges of the Supreme Court dealing with different and interesting questions of law. In Dr. Subramanian Swamy’s case, Sec 6A of the Delhi Special police establishment Act, 1946 & Sec 26(c) of the CVC Act, 2003 were held to be ultra vires the Constitution holding that approval of the Central Government to conduct any inquiry or investigation into any offence alleged to have been committed under the PC Act, 1988 is not required. In Pramati Educational Trust’s case, Article 21 and the Right to education were discussed and 86th and 93rd Constitutional Amendments were held to be constitutionally valid. In Manoj Narula v Union of India, the court decided that judicial interference in deciding fitness and suitability of candidates having criminal antecedents to become ministers is not required, traced its intentions for good governance and left it to the wisdom of the Prime Minister being the captain of the ship to decide his crew members. In Mohd. Arif’s Case, a landmark judgment was delivered allowing the petitions seeking a compulsory oral hearing in review petitions filed by death row convicts by a bench of minimum 3 judges. However in the first of such hearings, the court refused to change the judgment in Surinder Koli’s petition. In Madras Bar Association’s case, the National Tax Tribunal as sought to be created by a 2005 legislation was held to be violative of the Constitution. In his very impressive arguments, Arvind Datar proved to the satisfaction of the court that such tribunalisation will lead to transfer of judicial power of courts in the hands of executive leaving judiciary handicapped eventually. 2. The Coal JudgmentsIn a historic judgment, the SC declared all Coal Block Allocations by the government from 1993 onwards completely illegal, arbitrary and without application of mind. However, via para 157 a small question as to whether declaration of illegality amounts to automatic cancellation of blocks was kept open. After further hearing, the court recorded words of the Attorney General that the Government wants to go ahead and cancelled all allocations ordering re allocations. Subsequently, a lot of petitions were filed by corporate houses but the court refused to intervene any more. The Govt. has now come up with an ordinance for the same. Special judge Bharat Parashar was appointed to preside over the hearings and Senior Advocate Cheema was appointed as the Special Public Prosecutor.3. Section 377 Curative petitionAfter the 2 judge bench decision by Justice Singhvi holding Sec 377 of IPC constitutionally valid and a review petition being dismissed at the threshold by Justice Dattu, a curative petition was admitted by the then CJI Sathasivam with a battery of senior advocates appearing for the same. The matter is pending to be heard by a bench of 5 judges in an open court now.4. Jayalalitha OrderHuge stir was created nation wide when the then Chief Minister of Tamil Nadu, Ms Jayalalitha was sent to jail by the trial court and the Madras High Court declined to grant bail to her. The matter knocked the doors of the CJI Dattu and conditional bail was granted to her. Later on allegations were thrown on CJI Dattu but he strongly refused such accusations of corruption against him.5. MP High Court Judge caseIn a first of its own kind, the Supreme Court took cognizance of complaint against a sitting High Court judge for sexual harassment and subsequent resignation by a District Judge and ordered probe by a committee of the High Court Chief Justice. Later on however, distrust was shown in the committee and a fresh committee is to be constituted thereafter to look into the matter. The case showed that even judges are not immune to the due process of law.6. Challenge to NJAC The NDA Govt came up with the proposal of scrapping the present collegiums system of appointment of judges in High Courts and Supreme Court by establishing a National Judicial Appointments Commission (NJAC). A lot of ink went through in various for and against debates nation wide. The bill was challenged in the Supreme Court which refused to pass any order but kept in pending considering it premature to register their opinion. The bill has so far been ratified by 15 states and in no time it’ll become a legislation.7. Reliance KG Basin disputeA bench of 3 judges, presided by Justice Chauhan heard the gas pricing and...

“Judicial Highlights of 2014 – the year that saw it all”

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