The Complete Supreme Court Annual Digest- 2023 [Part-VI]

Article 16 - Equality of opportunity in matters of public employment Constitution of India; Article 16 - the intention of Article 16 was not to compromise on administrative efficiency. A certain portion (promotion) cannot be reserved for a certain class of citizen and not the others who were also initially appointed on the basis of horizontal reservation, the only exception being SC/ST appointees as envisaged in Article 16(4A). (Para 11, S. Ravindra Bhat, J.) Reserve Bank of India v. A.K. Nair, 2023 LiveLaw (SC) 521 Article 19 - Protection of certain rights regarding freedom of speech, etc. Constitution of India, 1950; Article 19 - Right to enter into a union is also grounded in Article 19(1)(e). (Para 226) Supriyo v. Union of India, 2023 LiveLaw (SC) 900 Constitution of India, 1950; Article 19 (2) - Additional restrictions not found in Article 19(2) cannot be imposed on right to free speech. Kaushal Kishore v. State of Uttar Pradesh, 2023 LiveLaw (SC) 4 : (2023) 4 SCC 1 Constitution of India, 1950; Article 19 & 21 rights can be enforced against private individuals & entities: Supreme Court holds by 4:1 majority. Kaushal Kishore v. State of Uttar Pradesh, 2023 LiveLaw (SC) 4 : (2023) 4 SCC 1 Constitution of India, 1950; Article 19(1)(a), 14 and 21 - Indian Penal Code 1860; Section 124A - In Kedar Nath Singh v. State of Bihar, 1962 Supp (2) SCR 769 the Constitution Bench upheld the provisions of Section 124A. The provisions of Section 124A have only been tested on the anvil of Article 19(1)(a). In view of the development of law that has taken place in the six decades since the judgment of the Constitution Bench in Kedar Nath Singh, it would be necessary to re-evaluate the validity of Section 124A on the basis of the doctrines which have evolved in those years particularly having a bearing on the ambit of Articles 14 and 21 of the Constitution. The submissions which have been urged on behalf of the petitioners would warrant consideration by a Bench of at least five Judges of this Court. Held, the appropriate course of action for a three Judge Bench of this Court would be to direct that the papers be placed before the Chief Justice of India so that, if so considered appropriate, the batch of cases can be heard by a Bench of five or more Judges, since the decision in Kedar Nath Singh's case (supra) was rendered by a Constitution Bench. (Para 13) S.G. Vombatkere v. Union of India, 2023 LiveLaw (SC) 780 Constitution of India, 1950; Article 19(1)(e) - Whether a non-Tribal has the right to settle down in a Scheduled Area – Held, every citizen has a right to reside and settle in any part of the territory of India. However, by making a law, reasonable restrictions can be put on the said Fundamental Right as provided in Clause (5) of Article 19. Therefore, we reject the argument that non-Tribals have no right to settle down in a Scheduled Area. (Para 14) Adivasis for Social and Human Rights Action v. Union of India, 2023 LiveLaw (SC) 431 : AIR 2023 SC 2658 Constitution of India, 1950; Article 19(2) - the non-renewal of permission to operate a media channel is a restriction on the freedom of the press which can only be reasonably restricted on the grounds stipulated in Article 19(2) of the Constitution. The reasons for denying a security clearance to MBL, that is, its alleged antiestablishment stance and the alleged link of the shareholders to JEIH, are not legitimate purposes for the restriction of the right of freedom of speech protected under Article 19(1)(a) of the Constitution. In any event, there was no material to demonstrate any link of the shareholders, as was alleged. Principles of Natural Justice - The principles of natural justice ensure that justice is not only done but it is seen to be done as well. A reasoned order is one of the fundamental requirements of fair administration. (Para 56) Madhyamam Broadcasting Ltd. v. Union of India, 2023 LiveLaw (SC) 269 Constitution of India, 1950; Article 19(a) - Press Freedom - An independent press is vital for the robust functioning of a democratic republic - Its role in a democratic society is crucial for it shines a light on the functioning of the state. The press has a duty to speak truth to power, and present citizens with hard facts enabling them to make choices that propel democracy in the right direction. The restriction on the freedom of the press compels citizens to think along the same tangent. A homogenised view on issues that range from socioeconomic polity to political ideologies would pose grave dangers to democracy. The critical views of the Channel, Media-One on policies of the government cannot be termed, 'anti-establishment'. The use of such a terminology in itself, represents an expectation that the press must support the establishment. The action of the MIB by denying a security clearance to a media channel on the basis of the views which the channel is...

The Complete Supreme Court Annual Digest- 2023 [Part-VI]

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