Supreme Court Half Yearly Digest 2023 -Constitution Of India

Article 299 - No immunity from statute merely because a contract is entered in the President's name. Glock Asia-Pacific Ltd. v. Union of India, 2023 LiveLaw (SC) 459 : AIR 2023 SC 2777 : 2023 INSC 568The Writ Court cannot stop implementation of a statutory provision without holding it unconstitutional. Dhanraj v. Vikram Singh, 2023 LiveLaw (SC) 456Non-tribal person's right to settle down & vote in scheduled areas not taken away by 5th schedule of Constitution. Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 : 2023 INSC 512GNCTD vs LG: Supreme Court holds Delhi Govt has control over "services" excluding Public Order, Police & Land. Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423 : AIR 2023 SC 2881 : 2023 INSC 517Delhi Govt vs LG | Democratically elected Govt. should have power to control its officers to ensure accountability. Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423 : AIR 2023 SC 2881 : 2023 INSC 517"Governance of States can't be taken over by Union': Supreme Court underscores importance of federalism in Delhi Govt vs LG Case. Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423 : AIR 2023 SC 2881 : 2023 INSC 517Precedents - While it is open to a learned Judge to differ with a view of a Co-ordinate Bench the sequitur is to make a reference to a larger Bench on papers being placed before the learned Chief Justice. The learned Judge cannot simply say "with due respect, I do not agree to the ratio..." or “the decision is per incuriam as a binding judgment of the Supreme Court has not been considered….” and proceed to take a contrary view - Such an approach would result in conflicting opinions of Coordinate Benches, resulting in judicial chaos and is, thus, improper. This is something atrocious and unacceptable. (Para 81) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365 : 2023 INSC 460Domicile 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. Veena Vadini Teachers Training Institute v. State of Madhya Pradesh, 2023 LiveLaw (SC) 364 : 2023 INSC 457Governors should return bills as soon as possible: Supreme Court observes in Telangana Government's plea against governor. State of Telangana v. Governor, 2023 LiveLaw (SC) 356'No equality in matter of illegality': Supreme Court denies relief to school teacher dismissed for degree through distance education. Sunil Kumar Soni v. State of Rajasthan, 2023 LiveLaw (SC) 271Access 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) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216 : 2023 INSC 271Article 30 - Minority educational institution cannot claim exemption from admission & fee regulatory committee. Icon Education Society v. State of Madhya Pradesh, 2023 LiveLaw (SC) 202 : AIR 2023 SC 1680 : (2023) 2 SCR 728 : 2023 INSC 256'Dialogue between constitutional functionaries cannot degenerate into a race to bottom': Supreme Court reprimands Punjab CM, Governor. State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188 : 2023 INSC 181Two important aspects of Parliamentary democracy - There are two equally important aspects for the functioning of a parliamentary democracy. First, the failure of a constitutional authority to fulfill its obligation under a distinct provision of the Constitution does not furnish a justification to another to decline to fulfill its own constitutional obligation. Second, while this Court is cognizant of the importance of free speech and expression and the fundamental value embodied in Article 19(1)(a), it becomes necessary to emphasize that constitutional discourse has to be conducted with a sense of decorum and mature statesmanship. (Para 25) State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw (SC) 188 : 2023 INSC 181On maintaining civility in discourses between Constitutional functionaries - Political differences in a democratic polity have to be worked upon and sorted out with a sense of sobriety and maturity. The dialogue between constitutional functionaries cannot degenerate into a race to the bottom. Unless these principles were to be borne in mind, the realization of constitutional values may be...

Supreme Court Half Yearly Digest 2023 -Constitution Of India

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