Supreme Court Annual Digest 2023 - Constitution Of India

A Country can't remain prisoner of past': Supreme Court dismisses plea to rename cities named after muslim rulers; stresses on India's secular character. 2023 LiveLaw (SC) 156A High Court ~ howsoever big or small, old or new ~ is as much a Constitutional Court as this Court is and enjoys wide ranging powers vested in it by law. (Para 42) 2023 LiveLaw (SC) 146Access to Justice - Fundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum of adjudication created by statute or the Constitution. (Para 112) 2023 LiveLaw (SC) 216Constitution does not prohibit appointment of lawyer practising in the Supreme Court as Judge of High Courts. 2023 LiveLaw (SC) 5Constitution does not prohibit lawyers practicing in the Supreme Court to be appointed as a Judge of the High Court - in fact, the Supreme Court has given imprimatur to the principle that in suitable cases Advocates practicing in the Supreme Court can be considered for appointment to the High Court. 2023 LiveLaw (SC) 5Constitutional Tort - A mere statement made by a minister inconsistent with the rights of a citizen of Part III of the Constitution may not constitute a violation of constitutional rights and become actionable as a constitutional tort. But, if as a consequence of such a statement, any act of omission or commission is done by the officers resulting in harm or loss to a person or citizen, then the same may be actionable as a constitutional tort. [Justice Nagarathna dissents] 2023 LiveLaw (SC) 4Decide disqualification petitions over Shiv Sena rift by Dec 31; NCP case by Jan 31 : Supreme Court directs Maharashtra Speaker. 2023 LiveLaw (SC) 943Delhi Chief Secretary, though appointed by Centre, must follow directions of Delhi Govt. on matters over which it has power. 2023 LiveLaw (SC) 1040Delhi Govt vs LG - Democratically elected Govt. should have power to control its officers to ensure accountability. 2023 LiveLaw (SC) 423Democracy has been held to be a part of one of the essential features of the Constitution. Yet, somewhat paradoxically, the right to vote has not been recognized as a Fundamental Right yet; it was termed as a “mere” statutory right. (Para 27) 2023 LiveLaw (SC) 563Dialogue between constitutional functionaries cannot degenerate into a race to bottom': Supreme Court reprimands Punjab CM, Governor. 2023 LiveLaw (SC) 188Do MPs/MLAs taking bribe for votes have immunity from criminal law? The Supreme Court refers to 7-judge bench. 2023 LiveLaw (SC) 823Domicile Reservation - Domicile reservation can't be wholesale reservation - Supreme Court asks MP Govt to review its 75% domicile quota in B.Ed seats - though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held in Pradeep Jain to be unconstitutional and violative of Article 14 of the Constitution of India. 2023 LiveLaw (SC) 364Excommunication among dawoodi bohras: Supreme Court refers to the nine-judge sabarimala bench. 2023 LiveLaw (SC) 97Excommunication is subject to constitutional morality, results in civil death': Supreme Court doubts precedent upholding right to excommunicate. 2023 LiveLaw (SC) 97Floor Test - the decision to call for a floor test should be based on objective material and reasons which are relevant and germane to the exercise of discretion, and not extraneous to it. The Governor should not use their discretionary power to destabilise or displace democratically elected governments. 2023 LiveLaw (SC) 422Fraternity - The golden principle of fraternity which again is enshrined in the preamble is of the greatest importance and rightfully finds its place in the preamble as a constant reminder to all stakeholders that maintenance of harmony between different sections alone will lead to the imbibing of a true notion of nationhood bonding sections together for the greater good of the nation and finally, establish a sovereign democratic republic. We must constantly remind ourselves that courts of law, as indeed every part of the 'State', must be guided by the sublime realisation, that Bharat is a secular nation committed to securing fundamental rights to all sections as contemplated in the Constitution. (Para 11) 2023 LiveLaw (SC) 156GNCTD vs LG: Supreme Court holds Delhi Govt has control over "services" excluding Public Order, Police & Land. 2023 LiveLaw (SC) 423Governance of States can't be taken over by Union': Supreme Court underscores importance of federalism in Delhi Govt vs LG Case. 2023 LiveLaw (SC) 423Governor - The discretion vested in the Governor to call for a floor test is not unfettered, and must be exercised with circumspection, in accordance with the limits placed...

Supreme Court Annual Digest 2023 - Constitution Of India

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