LANDMARK JUDGEMENTS
Swiss Ribbons Pvt Ltd. v. Union of India 2019
The Supreme Court upheld the constitutional validity of Insolvency and Bankruptcy Code, 2016 and National Company Law Tribunal and held that it is not violative of Article 14 of the Constitution.
Kantaru Rajeevaru v. Indian Young Lawyers Association 2019
Supreme Court in this case has accepted a review petition against the Sabarimala judgement to be referred to the bench of seven judges. Supreme Court in its judgement in the case of ‘Indian Young Lawyers Association vs The State Of Kerala 2018’ uplifted the ban imposed on the entry of women in the temple of Sabarimala in Kerala by declaring it as unconstitutional and violative against Article 25 of the Constitution against which many review petitions were filed and in this case Supreme Court agreed to refer the matter to larger bench of 7 judges as 2018 judgement was passed by a bench of 5 judges.
Mukesh Kumar v. The State Of Uttarakhand 2020
Justice L. Nageswara Rao pronounced that reservation in promotions in public positions is not a fundamental right and States cannot be compelled to provide reservation in appointments and reservations of public posts. Article 16(4) of the Constitution gives a discretionary power to the state government to allow reservation to the people who are not adequately represented in services in such appointments; it is not a mandate on the State and it cannot be claimed as a matter of right.
Yashwant Sinha and others v. CBI and others 2019
The case is famously known as ‘The Rafale case’. A bench comprising of Justice Ranjan Gogoi, Justice Kaul and Justice Joseph dismissed all the review petitions and gave a clean chit to the NDA government effectively denying the corruption allegations in the Rafale deal regarding the purchase of 36 Rafale fighter jets. The court in this case highlighted that the documents which are covered under the Official Secrets Act can be produced in the court as evidences in the interest of public justice i.e. the court can rely on such documents in order to do justice and its unauthorized publication do not affect its evidentiary value.
Indian Hotel and Restaurant Association v. State of Maharashtra 2019
In this case constitutionality of Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of dignity of Women (working therein) Act, 2016 was upheld and it was held that the Act is not violative to Article 21 of the Constitution. The Court Relaxed the stringent conditions for obtaining license for dance bars and also stated that it is not mandatory for the applicant to prove good character and no previous criminal record.
Sitaram Yechury v. Union of India 2019
This case is famously known as the ‘Jammu and Kashmir Habeas Corpus Case’. Herein Sitaram Yechury, general secretary of the Communist Party of India filed a habeas corpus petition in the Supreme Court challenging the illegality and constitutional validity of the detention imposed on one of the leader of his party Mohammed Yousuf Tarigiami when a virtual lockdown was imposed in the state of Jammu and Kashmir after the Central Government passed an Act taking away the special status that was granted to the State. The Supreme Court allowed the petitioner to visit the detenu; however, restrictions were imposed on his meet and he was not allowed to carry out any other political activities during that tenure.
Central Public Information Officer, Supreme Court v. Subash Chandra Agarwal 2019
Five judge bench of the Supreme Court held that Chief Justice’s office falls under the category of ‘public authority’ and is subject to the provisions of Right to Information Act. The court highlighted to maintain confidentiality in some aspects of judicial administration while dealing with transparency.
M Siddiq (d) through LRs v. Mahant Suresh Das and others 2019
The case is famously known as ‘Ayodhya case’. In this case The five judge bench of Supreme Court decided to hand over the disputed land of 2.77 acres in Ayodhya to a trust for the construction of Ram Mandir and also under Article 142 of the Constitution ordered to give an alternate five acre tract of land to the Sunni Waqf board to build the mosque. The act of placing idols beneath the central dome of the mosque in 1949 was declared to be an act of desecration i.e. acts of religious impurity.
D.A.V. College Trust and Management Society v. Director of Public Instructions 2019
Supreme Court in this case held that non-governmental organisations substantially financed by the government whether directly or indirectly will fall within the ambit of ‘public authority’ under section 2(h) of the Right to Information Act, 2005 and also schools and colleges which are substantially financed by the Government fall within the Act.
BK Pavitra and others v. Union of India 2019
The Supreme Court in this judgement upheld the constitutional validity of Karnataka Extension of Consequential Seniority to Government Servants promoted on the basis of The Reservation Act 2018 as per Article 16(4A) of the Constitution. This implied that a reserved category employee could be promoted before a senior employee belonging to the general category. 85th Constitutional Amendment Act 2001 extended the benefit of reservation in favour of the SC/ST in matters of promotion with consequential seniority.
Anuradha Bhasin v. Union of India 2020
Supreme Court in this case held that Right to internet forms a part of freedom of speech and expression under Article 19(1) (a) and ban of internet in the State of Jammu and Kashmir is violative of it. The court also stated that an order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017.
Few other Landmark cases of 2020
Access to Internet and Free Speech:
On 10 January, a Bench comprising Justices N.V. Ramana, Subhash Reddy and B.R. Gavai ordered the Union to review all restrictions on communications imposed in Jammu and Kashmir. In doing so, it observed, ‘the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g)’. This judgment establishes that the internet serves as an important medium through which the fundamental rights to free expression and occupation is actualised.
Land Acquisition:
In an important judgment as to interaction between the 1804 and 2013 land acquisition legislation, a five-judge Bench led by Justice Arun Mishra clarified ambiguities around when acquisition proceedings can lapse on 4 March. Significantly, he held that the State's failure to deposit compensation in a landowner's account was not sufficient to lapse proceedings under Section 24(2) of the 2013 Act. This case had previously garnered public attention for the questions it raised about precedent and recusal.
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