The Supreme Court was tested in its 75th year. It delivered a rare advisory opinion on a presidential reference, reckoned with reversal of its own orders and put one of their own on trial.
This year, seven judges retired, two chief justices were sworn-in—including the first Buddhist judge to become a top judge—and seven judges made it to the top court.
The number of pending cases soared to a whooping 92,118 cases, and the disposal rate fell to 86.88 percent as compared to last year’s impressive 98 percent.
The Supreme Court delivered 1,426 judgments this year and some orders that need mentioning.
BOOM lists noteworthy developments from the Supreme Court this year.
Suo Motu developments, significant orders & u-turns
The top court took suo motu note of several matters of importance including the issue of stray dogs, the menace of digital arrests, and re-opened the debate on the definition of the Aravallis after significant outcry from environmentalists.
Supreme Court also took suo motu note and stayed a Lokpal—the anti-corruption ombudsman, order which brought high court judges under its jurisdiction.
This year, the Supreme Court was also forced to reverse its own orders – the direction banning strays from public spaces was relitigated; re-opened litigation on the scope of what constitutes as the Aravallis after public outcry and stayed a November order which accepted a definition for the hills which alarmed villagers and environmentalists; recalled its six-month-old judgment and allowed the Centre to grant post-facto or retrospective environmental clearances to projects.
The Supreme Court’s five-judge constitution bench reversed its own judgment which imposed timelines on the President and Governor to sign off on bills that were passed by state legislative assemblies. Though the top court accepted that the office of the President and the Governor cannot sit on passed bills indefinitely, it did away with the deadlines.
In another instance of reversal, the top court in September accepted the National Company Law Appellate Tribunal’s decision allowing JSW Steel’s ₹19,700 crore 2021 acquisition of Bhushan Power and Steel under the Insolvency and Bankruptcy Code, 2016 (IBC). The top court’s order was a complete reversal of its May order which cancelled the acquisition plans and directed the liquidation of the beleaguered company.
Days before Diwali, the top court reversed its ban on fireworks and allowed the limited use of “green crackers” even as Delhi—the nation’s capital—is struggling with high-levels of pollution.
In a case that raised eyebrows, the top court quashed criminal proceedings against ex-Sterling Biotech promoters – Nitin and Chetan Sandesera, after allowing a ₹5,100-crore settlement in a bank fraud case. SC said there was “no useful purpose” in continuing the proceedings, and the money would be used to settle the lenders’ dues.
The top court constituted a special bench during its winter break and stayed the Delhi High Court order which suspended the life sentence imposed on ex-BJP MLA Kuldeep Singh Sengar in the 2017 Unnao Rape Case.
Judge on trial
This year, the Supreme Court was forced to reckon with corruption within the judiciary after its internal committee indicted Allahabad High Court judge Yashwant Varma over unaccounted cash found at his official residence when he was a judge at the Delhi High Court.
Equal opportunity policy for transgenders
The Supreme Court constituted a committee that would frame equal opportunity policies for transgender persons after finding glaring gaps in the Transgender Persons (Protection of Rights) Act, 2019. The top court said these policies would remain in place till the Centre framed its own policies.
The court said the State and its institutions showed “grossly apathetic attitude” towards implementing the Transgender Act, 2019 and its 2020 Rules and most significantly ruled that transgender or gender-diverse persons do not need prior permission from their employers to undergo Sex Reassignment Surgery (SRS), unless the job was gender-specific.
Striking down key provisions of Tribunal Reforms Act
The Supreme Court struck down key reforms of the Tribunal Reforms Act, which would impinge on the freedom of the judiciary. The top court observed that 2021 Act amounted to a “legislative override in the strictest sense” and that the Centre had re-introduced provisions that were already deemed unconstitutional by the court in an earlier petition.
Surender Singh Kohli acquitted
The Supreme Court on November 11 set aside its earlier rulings upholding the conviction, and acquitted Surender Koli of rape and murder in the gruesome 2006 serial murders at Noida's Nithari. Through its judgment, the Supreme Court didn't just free Koli; it delivered a damning indictment of an investigative system built on “conjecture” and “fabrication.”
On Free Speech
The Supreme Court quashed criminal proceedings against Rajya Sabha MP Imran Pratapgarhi underscoring the importance of free speech. The court said reciting Urdu poetry and sharing it on social media is not hate speech. The police FIR in such cases was nothing but an abuse of the law.
Comedians and stand-up artists Samay Raina and others came under the top court’s scanner for their jokes about the differently abled, particularly those afflicted with Spinal Muscular Atrophy (SMA). The court directed Raina and others who participated on the reality TV show India’s Got Latent to apologise and host events raising funds for the cause. SC, while highlighting the responsibility of free speech sought the Centre’s opinion on a law to regulate content on social media.
The SC granted bail to Ashoka University professor Ali Khan Mahmudabad, facing sedition charges for his Facebook post on Operation Sindoor, and set up a Special Investigation Team (SIT) “to holistically understand the complexity of the phraseology employed and for proper appreciation of some of the expressions used.”