Key Landmark Supreme Court Judgments in 2023

 1. In Re: Article 370 of the Constitution : Challenge to the Abrogation of Article 370.

UPHELD

• The constitutionality of the Central Government's revocation of the special status of the erstwhile state of Jammu and Kashmir (J&K) and abrogation of Article 370 (Special Status to J&K)

HELD
• The presidential order amending Article 367 was constitutionally invalid.

2.Supriya Chakraborty v Union of India: Plea for Marriage Equality The 5-Judge Bench

UPHELD
• The validity of the Special Marriage Act, 1954
HELD
The right to marry is not a fundamental right for queer persons.

Minority View : CJI
Chandrachud and Justice Kaul

The queer persons have a right to enter into a "civil union".

3. Subhash Desai v Principal Secretary, Governor of Maharashtra and Ors Maharashtra Political Crisis :

Disqualification Proceedings Against Maharashtra MLAs
HELD
• The Governor's decision to call for a floor test for then Chief Minister Uddhav Thackeray was illegal as the Governor had no objective material to do so.

Nabam Rebia v Deputy Speaker (2016) bars the Speaker from considering disqualification petitions in the House while they are facing removal. The Supreme Court referred the judgement to a larger bench to decide whether a Speaker can decide disqualification petitions despite there being a notice to have them removed.

4. Government of NCT of Delhi v UOI: The Lieutenant Governor and control over the NCT of Delhi

HELD

• The Government of the National Capital Territory (NCT) of Delhi and not the Union (Lieutenant Governor) has control over the civil servants and day-to-day administration of the NCT of Delhi.

5. Shilpa Sailesh v Varun Sreenivasan : Supreme Court's Power To Directly Grant Divorce

HELD

• The power to grant divorce to parties who directly approached it, by using the SC's discretionary powers under Article 142 of the Constitution of India that it can dissolve a marriage that has irretrievably broken down.