Newsletter India - Supreme Court Chronicle - March 2024
Newsletter India - Supreme Court Chronicle - March 2024
Newsletter India - Supreme Court Chronicle - March 2024
Chronicle
Issue V | March 2024
Highlights
S
econd Edition of the Supreme Court Annual
Lecture Series
The Supreme Court Legal Services Committee
P
ublic, Press, and Profession—3 Ps that define
the Public Relations Office
Chief Justice’s Corner
I am pleased to introduce the 5th edition of Supreme Court Chronicle, which has been both informative
and a joy to read. This edition is packed with insights into some hidden yet crucial aspects of the
Supreme Court Registry, such as the front desk. Alongside, there is an exclusive feature on the
second edition of the Annual Lecture Series, featuring a distinguished guest from the International
Court of Justice.
Within its pages, you will find an array of events and initiatives undertaken by the Supreme Court.
Explore the section titled ‘The Supreme Court Legal Services Committee,’ which elaborates on efforts
to streamline access to justice. Moreover, dive into summaries of significant judgments, noteworthy
initiatives for the staff spearheaded by the Supreme Court, and a comprehensive roundup of Court
events for the month of February 2024.
I hope this edition sparks your curiosity and inspires you to become more involved in the daily
operations of the Supreme Court.
Happy Reading!
Dr Justice D Y Chandrachud
Chief Justice of India
Editorial Team Contents
Editor-in-Chief
Dr Sukhda Pritam 1. Fresh from the Bench
In its judgment dated 15 February 2024, a five-judge information of voters with the goal of curbing
Constitution Bench comprising the Chief Justice black money. The Court noted that another
of India, Dr D Y Chandrachud, Justice Sanjiv purpose of Electoral Bonds was to protect the
Khanna, Justice B R Gavai, Justice J B Pardiwala donor’s informational privacy. The Court held
and Justice Manoj Misra held that Electoral that the citizens have informational privacy over
Bond Scheme, 2018 which allows for anonymous their political beliefs. The Court applied the
contributions by donors to political parties is double proportionality test to observe that the
violative of the voters’ right to receive information Electoral Bond Scheme is not the least restrictive
under Article 19(1)(a) of the Constitution and to balance fundamental right to information
therefore, unconstitutional. The Supreme Court of voters with informational privacy of donors.
noted that information about funding of political The Court held that the Electoral Bond Scheme
parties is essential for the effective exercise of the completely tilts the balance in favour of the
choice of voting as there is a legitimate possibility purpose of informational privacy and abrogates
that financial contributions to a political party the informational interests of the voters. The
would lead to quid pro quo arrangements because Court also held that deletion of the proviso
of the close nexus between money and politics. to Section 182(1) of the Companies Act, 2013
The Court held that applying the doctrine of permitting unlimited corporate contributions
proportionality the Electoral Bond Scheme is to political parties is arbitrary and violative of
not the least restrictive means to achieve the Article 14. The Court recorded that unlimited
purpose of curbing black money in the electoral contributions by companies to political parties is
process. The Court noted that contributions against free and fair elections because it allows
through other means of electronic transfer and certain persons/companies to use their monetary
through electoral trusts are alternative measures resources to influence policy making.
that are less restrictive and balances the right to
In its judgment dated 20 February 2024, a three- declared invalid by the Presiding Officer were
judge bench comprising the Chief Justice of India, in fact valid. The Supreme Court declared the
Dr D Y Chandrachud, Justice J B Pardiwala and appellant Mr Kuldeep Kumar, belonging to Aam
Justice Manoj Misra set aside the result of the Aadmi Party-Congress alliance, was the rightful
Chandigarh Mayoral Election as declared by the winner by invoking its extraordinary power to do
Presiding Officer as it found that the eight votes justice under Article 142 of the Constitution. The
In its judgment dated 20 February 2024, a two- an appeal is mentioned under Section 378 of
judge bench comprising Justice Sudhanshu CrPC, the said provision doesn’t contain any
Dhulia and Justice Prasanna B Varale held exclusionary provision to exclude the application
that delay in filing appeal under Section 378 of the Limitation Act. The Court noted that the
CrPC against the acquittal of the accused Limitation Act, 1963 makes Section 5 applicable
can be condoned under Section 5 (Extension even in the special laws when a period of limitation
of prescribed period in certain cases) of the is prescribed, unless it is expressly excluded by
Limitation Act, 1963. The Supreme Court observed such special law.
that although the limitation period in preferring
In its judgment dated 28 February 2024, a two- that of an agent, the distributor buys goods on
judge bench comprising Justice Sanjiv Khanna his account and sells them in his territory and
and Justice S V N Bhatti held that under Section is thus an independent contractor. The Court
194-H of the Income Tax Act, 1961, cellular mobile recorded that an independent contractor is free
service providers are not liable to deduct tax at from control on the part of his employer, and is
source on income/profit component in payments only subject to the terms of his contract, but an
received by their franchisees/distributors from agent is not completely free from control, and the
third parties/customers. Section 194-H provides relationship to the extent of tasks entrusted by
for TDS (tax deductible at source) deduction on the principal to the agent are fiduciary. The Court
the payment of commission or brokerage. The recorded that even in franchise agreements,
Supreme Court noted that the obligation to deduct the relationship between a franchisor and a
tax at source in terms of Section 194-H of the Act franchisee is that of an independent contractor.
arises when the legal relationship of principal- The Court noted that the income of the
agent is established. The Court observed that the franchisee/distributor is credited to the account
legal position of a distributor is different from of the franchisee/distributor when they sell the
March 2024 5
prepaid products to the end-user/customer. franchisee/distributor with the income by way of
The Court also noted that the assessees (cellular commission or brokerage on which tax at source
companies) do not pay or credit the account of the under Section 194-H of the Act is to be deducted.
High Court Bar Association, Allahabad v State of UP, 2024 INSC 150
No automatic vacation of stay orders
In its judgment dated 29 February 2024, a five- granted on a day-to-day basis virtually amounts
judge Constitution Bench comprising the Chief to judicial legislation and the jurisdiction of
Justice of India, Dr D Y Chandrachud, Justice this Court cannot be exercised to make such a
Abhay S Oka, Justice J B Pardiwala, Justice Manoj judicial legislation. The Court noted that only the
Misra and Justice Pankaj Mithal overturned its legislature can provide that cases of a particular
2018 judgment in Asian Resurfacing of Road Agency category should be decided within a specific time.
v Central Bureau of Investigation, 2018 INSC 282 The Court also noted that by a blanket direction
which mandated that the interim orders passed in the exercise of power under Article 142 of the
by High Courts staying trials in civil and criminal Constitution of India, the Court cannot interfere
cases will automatically expire after six months with the jurisdiction conferred on the High
from the date of the order, unless expressly Courts for granting interim relief by limiting
extended by the High Courts. The Court held that their jurisdiction to pass interim orders that are
the automatic vacation of the order of stay and only valid for six months at a time.
the disposal of all cases in which a stay has been
In its judgment dated 29 February 2024, a two- that despite due diligence, the party could not
judge bench comprising Justice C T Ravikumar have raised the matter before the commencement
and Justice Rajesh Bindal held that an application of trial. The Court also recorded that amendment
seeking amendment of the plaint is impermissible to the suit shall not be allowed on the ground
under Order 6 Rule 17 of CPC if the amendment that due to oversight and mistake, the party was
alters the nature of the suit. In the instant case, unable to seek the amendment to the suit. The
an amendment of the plaint in a partition suit was Court enumerated the factors to be taken into
sought to include a prayer to declare an earlier consideration by the court while dealing with
compromise decree as void. The Court disallowed an application for amendment: (i) whether the
the application stating that the amendment had amendment would cause prejudice to the other
the effect of altering the nature of partition suit side or (ii) it fundamentally changes the nature
to a declaration suit. The Court observed that an and character of the case or (iii) a fresh suit on
application seeking amendment to the suit under the amended claim would be barred on the date
Order 6 Rule 17 CPC shall not be allowed after the of filing the application.
trial has commenced unless the Court concludes
Left to right: Judge, International Court of Justice, Ms Hilary Charlesworth, the Chief Justice of India,
Dr D Y Chandrachud and Justice Surya Kant during second annual lecture series on 10 February 2024
March 2024 7
Union and the United Kingdom prevailed
and that was, the jurisdiction should be
voluntary and that’s the situation today…..”
Left to right: Judge, International Court of Justice, Ms Hilary Charlesworth, Justice J B Pardiwala, the Chief
Justice of India, Dr D Y Chandrachud, and Justice Manoj Misra in courtroom no 1 on 12 February 2024
March 2024 9
Initiatives for the Staff
Staff Library
The Chief Justice of India, Dr D Y
Chandrachud inaugurated the Staff Library
in the Additional Building Complex of the
Supreme Court on 1 February 2024. The
Library aims to cultivate and enhance the
culture of reading among the staff of the
Supreme Court Registry. It is located in
Room No. 404, B-Block of the Additional
Building Complex. Open to all officials of the
Registry, the Staff Library boasts a diverse
collection of reading materials. These include
legal books, materials for departmental and
judicial entrance examinations, and general
books in a variety of genres. The Library also Left to right:
provides access to print and e-newspapers, Front row - The Chief Justice of India, Dr D Y
and magazines in both English and Hindi. Chandrachud, Justice Sanjiv Khanna
Radio Frequency Identification (RFID) Back row - Justice Aniruddha Bose and Justice
technology has streamlined the issue and P S Narasimha inaugurating the Staff Library in the
return of books. Additional Building Complex of the Supreme Court
The Chief Justice of India, Dr D Y Chandrachud, The Chief Justice of India, Dr D Y Chandrachud,
and Justice Sanjiv Khanna taking a glance of the Justice Sanjiv Khanna, with Dr Uma Narayan, Registrar
the newly inaugurated Staff Library and Ms Poonam Sharma, Director (Incharge), Judges’
Library, at the newly inaugurated Staff Library
Inauguration of AYUSH Holistic Wellness Centre Amanullah. The event was attended by the
Minister of AYUSH, Mr Sarbananda Sonowal, and
The Chief Justice of India, Dr D Y Chandrachud
the Minister of State for AYUSH, Dr Munjpara
inaugurated ‘AYUSH Holistic Wellness Centre’ in
Mahendrabhai. The Wellness Centre was set up
the premises of the Supreme Court of India on 22
through the collaborative efforts of the Supreme
February 2024
Court Registry and the All India Institute of
On 22 February 2024, the Chief Justice of India, Ayurveda, and aims to serve the mental and
Dr D Y Chandrachud inaugurated the AYUSH physical well-being of Judges of the Supreme
Holistic Wellness Centre along with Justice B R Court and the over 2,000 employees of the Court’s
Gavai, Justice Surya Kant, and Justice Ahsanuddin Registry.
Left to right:
Secretary General,
Mr Atul M Kurhekar,
Justice B R Gavai,
Justice Surya Kant,
Minister of State for
AYUSH, Dr Munjapara
Mahendrabhai,
Minister of AYUSH,
Mr Sarbananda Sonowal,
the Chief Justice of India,
Dr D Y Chandrachud and
members of the Supreme
Court Registry
March 2024 11
Justice P S Narasimha
at the finals of the
Football match organised
by the Supreme Court on
26 February 2024
Release of the Supreme Court Judges e-Library Website and Mobile App
for Hon’ble Judges and their residential offices
The Chief Justice of India, Dr D Y Chandrachud allowing convenient access from any location
released the Supreme Court Judges e-library with a single sign-on. The e-library’s seamless
website and mobile app on 29 February 2024 in integration with e-SCR, Digi-SCR, and the Library
the Judges Assembly Hall. This occasion marked a Catalogue ensures swift access to indispensable
significant leap forward in the judiciary’s embrace resources such as Nyay Samachar and Monthly
of digital technology, emphasising its endeavours Digital Current Content, further enriching the
to utilise technology to increase efficiency and user experience.
enhance the administration of justice. The Supreme
Court Judges e-library website and mobile app is In essence, the Supreme Court Judges e-library
hosted on the remote access platform of Refread represents a triumph of collaboration, innovation,
Solutions. This comprehensive platform offers a and dedication to the principles of access to
unified gateway to subscribed legal databases, in- justice. It serves as a living proof of the Supreme
house databases and open-access legal sources, Court’s commitment to progress in the digital age.
From 2-9 February 2024 an induction training for Dr Sushil Kumar Sharma, Deputy Registrar and Ms
newly inducted Junior Court Assistants was Geeta Devi, Assistant Registrar conducted an orientation
conducted. The Secretary General, Mr Atul Madhukar training programme to 71 newly promoted Court
Kurhekar inaugurated the training on 2 February 2024 Assistants on 3 and 17 February 2024
Mr Nilesh Kumar Keshri, Deputy Commissioner of Income Tax along with other officials of the
Income Tax Department delivered a lecture at the TDS Awareness Programme which was
attended by more than 40 Registry officials on 24 February 2024
Training on Compression Only Life Support (COLS) Mr Tapan Kishore Sharma, Assistant Registrar-cum-
was conducted by Dr Rachna Wadhwa to Registry Drawing and Disbursing Officer and Officials from
officers and officials in two sessions at G B Pant the Supreme Court Branch of UCO Bank conducted
Institute of Postgraduate Medical Education and a workshop on pensions and benefits for 38 retiring
Research, New Delhi on 3 and 24 February 2024 officials (until June 2024) on 27 February 2024
March 2024 13
The Supreme Court Legal
Services Committee
March 2024 15
SCBA Scoop
The Chief Justice of India, Dr D Y Chandrachud Justice P S Narasimha, Justice Dipankar Datta, and
inaugurating the Supreme Court Bar Association’s Justice K V Viswanathan at the SCBA’s Annual Cricket
(SCBA) new Consultation Room near the Bar Lounge, Tournament’24 at Modern School, Barakhamba Road
ground floor on 5 February 2024 on 10 February 2024
The Chief Justice of India, Dr D Y Chandrachud at SCBA’s felicitation function organised in honour of
Justice Satish Chandra Sharma, Justice Augustine George Masih, Justice Sandeep Mehta,
and Justice Prasanna Bhalachandra Varale on 28 February 2024
March 2024 17
Manual Entry Passes: White slips for entry to Courtrooms, Yellow slips for
entry to Office Blocks, and Red slips for entry to the Advocates Enclosure
Mr Diwakar Pandey, who are all persons with clerical filing, etc. This would make things easier
disabilities. While the primary role of all staff at for litigants, especially for PwD as they would
the Office is issuing ID passes, Ms Chaudhary has not have to go to multiple counters for various
a special gift for assisting women, senior citizens, tasks. During a tour of the front desk, Mr Sharma
and PwDs. In fact, Mr Sharma calls Ms Suman introduces the Branch Officer, Ms Sonika Khurana
the right hand of the Office. Mr Sharma praises and other staff members who were celebrating
Mr Singh’s exceptional punctuality of reaching the birthday of a newly transferred colleague,
the office at 7:00 am everyday, even during harsh Ms Komal. Despite their busy workload, they
winters or the challenging period of pandemic, took a moment to enjoy some laughter just like a
and Mr Diwakar’s efficient management of the family. Summing up the office’s work, Mr Sharma
facilitation centre. emphasises that it deals with three ‘Ps’: Public,
Press, and Profession.
In addition to its regular tasks, the Office also
organises study tours and guided tours of the Mr Rakesh Sharma concludes by saying, “Our
Supreme Court for the public. Study tours are held motto is: We are here to serve you with a smile.”
every weekday, while guided tours are organised As a crucial part of the Supreme Court, the
every Saturday, except on holidays. Mr Sharma Public Relations Office offers important services
shares that in the last year, the Office conducted to the public while ensuring the Court is an
a total of 201 tours, including 74 guided tours. approachable institution.
8,000 students joined the study tours.
Left to right: Solicitor General, Mr Tushar Mehta, Minister of Law and Justice (I/C), Mr Arjun Meghwal, the Chief
Justice of India, Dr D Y Chandrachud, the Prime Minister, Shri Narendra Modi, Justice Surya Kant, and Attorney
General, Mr R Venkataramani, at the inauguration of the CLEA–CASGC on 3 February 2024
March 2024 19
Justice Sanjiv Khanna and Justice P S Narasimha co-chaired Session 1: Legal Frameworks and
Advocacy in Justice Delivery, CLEA– CASGC, on 3 February 2024
Justice Ahsanuddin
Amanullah chaired a ‘Human
Trafficking Workshop-2’
conducted by Federal Judicial
Centre (FJC), Washington
and CEELI Institute, Prague
in collaboration with the
National Judicial Academy at
West Bengal Judicial cademy,
Kolkata, 3 and 4 February
2024
March 2024 21
Justice Ahsanuddin
Amanullah addressing the
gathering along with Justice
Prashant Kumar Mishra
and Justice S V N Bhatti
during the interaction
session at the ‘Workshop for
Young Advocates- Shaping
Futuristic India,’ organised
by the Bar Council of India in
collaboration with the
Bar Council of Andhra Pradesh
and the Anantapur Bar
Association on
10 February 2024
Justice B R Gavai
attended the
inauguration of the
Regional Conference
on Mediation, Nagpur
on 11 February 2024
March 2024 23
The Chief Justice of India, Dr D Y Chandrachud, Left to right: The Chief Justice of India,
inaugurated Dr Rajendra Prasad National Law Dr D Y Chandrachud, Justice Pankaj Mithal, and
University in the auditorium of Allahabad Medical Justice Rajesh Bindal at the inauguration of the
Association (AMA) Hall on 16 February 2024 ‘Arbitration Centre’ in the Allahabad High Court
on 17 February 2024
Left to right: Justice Rajesh Bindal, Justice Pankaj Mithal, the Chief Justice of India, Dr D Y Chandrachud,
and Justice Manoj Misra at the book launch of ‘Courts of Uttar Pradesh’ at the Convention Centre of
the Allahabad High Court on 17 February 2024
Justice Hima Kohli was the Chief Guest at ‘The Hyderabad, Gachibowli. Justice Kohli observed
India-MENA Arbitration Summit.’ The event that the collaborative efforts between India and
was a gathering of notable arbitration experts the MENA region could boost arbitration on a
from India and the Middle East and North global level. She noted that the 21st century will
Africa (MENA), organised by the International witness the ascent of India as a global arbitration
Arbitration and Mediation Centre (IAMC), leader.
Hyderabad on 17 and 18 February 2024, at the Hyatt
March 2024 25
Justice B R Gavai at
the Diamond Jubilee
felicitation of
Justice Vijay Daga,
at Vasantrao Naik
Memorial Hall,
Vanamati, Nagpur
on 18 February 2024
Justice Rajesh Bindal presided as Guest of Honour Justice Ahsanuddin Amanullah presided as the
at the National Conference on ‘Artificial Intelligence: Chief Guest at the inaugural session of the first
Legal Implications and Challenges’ organised by GNLU-GAIL Arbitration Conference on Oil and Gas
Dr B R Ambedkar National Law University, Disputes at Gujarat National Law University
Sonepat in collaboration with the Law Commission on 24 February 2024
of India at Bhim Auditorium, Dr Ambedkar
International Centre, New Delhi on 24 February 2024
The Prime Minister of Bangladesh, Sheikh Hasina along with the Chief Justice of India, Dr D Y Chandrachud,
Justice Aniruddha Bose, Justice Dipankar Datta and other dignitaries at the International Conference on ‘South
Asian constitutional courts in the twenty-first century: lessons from Bangladesh and India’ on 24 February 2024
The Prime Minister of Bangladesh, Sheikh Hasina felicitated the Chief Justice of India,
Dr D Y Chandrachud and Justice Dipankar Datta on 24 February 2024
On 23 and 24 February 2024, the Chief Justice Aniruddha Bose. The Chief Justice of India
of India, Dr D Y Chandrachud attended the delivered a lecture on the topic, ‘Judiciary and
Conference on ‘South Asian Constitutional Courts its Role in Upholding Constitutionalism.’ Justice
in the Twenty-First Century: Lessons from Aniruddha Bose delivered a speech as a panel
Bangladesh and India,’ in Dhaka, Bangladesh, speaker in Session-I on ‘Constitution Making in
along with Justice Dipankar Dutta and Justice South Asia’ on 23 February 2024.
March 2024 27
Justice Pankaj Mithal delivered the keynote address at the inaugural session of the West Zone-II: Regional
Conference on ‘Contemporary Judicial Developments and Strengthening Justice through Law & Technology’ and
presided over Session-II on ‘Elements of Judicial Behaviour’ at Jodhpur on 24 February 2024
Justice P S Narasimha
gave a keynote address
in the seminar organised
by Federation of Women
Lawyers, Visakhapatnam
on 24 February 2024
Justice P S Narasimha laid the foundation stone of Justice P S Narasimha laid the foundation stone for
the Four Court Building at the District Court Building construction of District Court Building Complex,
Complex at Bobbili, Vizianagaram District, Vizianagaram on 25 February 2024
Andhra Pradesh on 24 February 2024
Eminent jurist Fali S Nariman passed away on 28 the Bar Association of India, the Vice-Chairman
February 2024. He was ninety-five years old. of the International Court of Arbitration of the
International Chamber of Commerce, and the
A graduate of Government Law College, Mumbai,
Chairman of the Executive Committee of the
Mr Nariman began his practice before the Bombay
International Commission of Jurists. He also
High Court in 1950. He was designated a Senior
authored several books, including Before Memory
Advocate in the Supreme Court of India in 1971.
Fades (2010) and You Must Know Your Constitution
He was appointed Additional Solicitor General of
(2023).
India in 1972, but resigned in protest during the
imposition of the Emergency in 1975. Mr Nariman received the Padma Bhushan in 1991
and the Padma Vibhushan in 2007 for his excellent
Over a remarkable career spanning seven and a half
contributions to the field of law.
decades, Mr Nariman argued cases that shaped the
constitutional and civic life of the nation. Among A fearless champion of civil liberties, human
these are: IC Golaknath v State of Punjab (1967), rights, and constitutional values, Mr Nariman
concerning the protection of fundamental rights leaves behind an indelible impact. On his passing,
against dilution by constitutional amendment, the Chief Justice of India, Dr D Y Chandrachud
and Supreme Court Advocates-On-Record v Union remarked, “Generations of lawyers of judges
of India (2015), where the process of making have been mentored by him, and I belong to that
judicial appointments was in dispute. category as well. But above all, despite his own
scholarship, his learning, and his own quest for
Mr Nariman’s achievements extended beyond the
excellence in his professional life, Mr Nariman
courtroom. He was a nominated member of the
never lost his sense of humanity, his sense of
Rajya Sabha between 1999 and 2005. He served
humour, and that really took place in everything
as the President of the International Council
that he did.”
for Commercial Arbitration, the President of
March 2024 29
Glimpses
Glimpses of the Second
Diamond Jubilee
Edition ofYear
the
Supreme
of Court Annual
the Supreme Court ofLecture
India Series