{"id":310128,"date":"2023-12-26T11:00:21","date_gmt":"2023-12-26T05:30:21","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=310128"},"modified":"2023-12-26T10:55:54","modified_gmt":"2023-12-26T05:25:54","slug":"supreme-court-constitution-bench-yearly-roundup-2023","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/12\/26\/supreme-court-constitution-bench-yearly-roundup-2023\/","title":{"rendered":"Supreme Court Constitution Bench Yearly Roundup 2023 | Article 370; Same sex marriage verdict; Maharashtra Political Crisis; Demonitisation verdict; Jalikattu; and more"},"content":{"rendered":"
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Article 370 verdict<\/p>\n

Know Why SC held ‘State Government’s concurrence was not necessary for President to exercise power under A.370(1)(d); Amendments through circuitous manner would be disastrous’<\/p>\n

5-Judge Constitution Bench: Chief Justice of India Dr. DY Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, JJ.<\/p>\n

Unanimously upheld the Union’s action abrogating Article 370 of the Constitution and directed the restoration of statehood in the State at the earliest.<\/p>\n

Three Judgments were delivered, one was authored by Dr. DY Chandrachud, CJI on behalf of himself, BR Gavai and Surya Kant, JJ., while Justice Kaul and Khanna, J. authored separate but concurring Judgments. Read more<\/b><\/a><\/p>\n

[Article 370 of the Constitution, In re, 2023 SCC OnLine SC 1647<\/a><\/span>]<\/p>\n

Article 370| “Whatever has been, has been…”: Justice Sanjay Kishan Kaul calls for “Truth and Reconciliation” in Kashmir<\/p>\n

5-Judge Constitution Bench : Chief Justice of India Dr. DY Chandrachud, Sanjay Kishan Kaul, Sanjiv Khanna, B.R. Gavai, and Surya Kant, JJ.,<\/p>\n

Justice Kaul, who penned a separate but concurrent opinion, poured his heart out and observed that in order to move forward, the wounds need healing. Read more<\/b><\/a><\/p>\n

[Article 370 of the Constitution, In re, 2023 SCC OnLine SC 1647<\/a><\/span>]<\/p>\n

Same Sex Marriage<\/p>\n

Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements<\/p>\n

5-judge Constitution Bench: Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ.<\/p>\n

The Bench wrote 4 opinions on the Same Sex Marriage\/Marriage Equality matter where they agreed on some points and disagreed on others. In a 366 pages long verdict, heavy on words, all judges said in one voice that there was no fundamental right to marry and that the Supreme Court could not enter judicial legislation to read words into the Special Marriage Act and make it a gender-neutral legislation. The Court left it to Parliament to undertake this process.<\/p>\n

There were however some disagreements on certain points where Bhat, Kohli and Narasimha, JJ formed the majority and Chandrachud, CJI and Kaul, J were in dissent. Read more<\/b><\/a><\/p>\n

[Supriyo v. Union of India, 2023 SCC OnLine SC 1348<\/a><\/span>]<\/p>\n