The Supreme Court has always played a key role in setting the tone of political discourse in India. 2016, too, witnessed a few landmark judgments, which either sparked off high-decibel debates or snowballed into high-voltage controversies.
Here, we bring you the major rulings of the Supreme Court in 2016:
Muslims in IAF cannot grow beard
December 15
The Supreme Court ruled that Muslim personnel in the Indian Air Force cannot keep beards for religious reasons. The apex court observed that discipline and uniformity were of utmost importance in the defence forces, and unlike in Sikhism, wearing a beard was not essential to the practise of Islam. “Regulations and policies in regard to personal appearance are not intended to discriminate against religious beliefs nor do they have the effect of doing so,” said the apex court in the judgment.
National anthem in cinemas
November 30
Every cinema hall in the country must play the national anthem before a film is screened, and everyone present in the hall must stand up to show respect to it, ruled the top court. It also said that when the anthem is played, the national flag must be shown on the screen and the doors of the hall should remain shut to avoid disturbance.
“The directions are issued, for love and respect for the motherland is reflected when one shows respect to the National Anthem as well as to the National Flag. That apart, it would instill the feeling within one, a sense committed patriotism and nationalism,” said the apex court in its verdict, which triggered a nation-wide debate.
Equal pay for contractual, temporary employees
October 29
Daily wagers, casual and contractual employees who perform the same duties as the regulars deserved equal pay for equal work, ruled the Supreme Court, in a significant verdict.
“An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. Certainly not, in a welfare state. Such an action, besides being demeaning, strikes at the very foundation of human dignity,” ruled the apex court.
Women can be tried under DV Act
October 9
Women and even minors can now be prosecuted for domestic violence after the Supreme Court ordered that the words “adult male” be deleted from section 2(q) of the Protection of Women from Domestic Violence Act, 2005. The section reads: “'Respondent' means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief.”
The apex court ruled that this provision was against the objective of the legislation since “perpetrators and abettors of domestic violence” could be women, too.
Wife can't snatch hubby away from parents
October 7
Persistent effort of a wife to separate her husband from his parents constituted an act of ‘cruelty’, enabling him to get divorce, the Supreme Court ruled. Observing that it was a pious obligation of the son to maintain his parents, the top court said, “Normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.” (Pl check quote)
Bihar liquor ban to continue
October 7
The Supreme Court stayed a Patna High Court order which had struck down a notification by the Bihar government banning the manufacture, consumption and sale of liquor in the state. “Liquor and fundamental rights do not go together,” the top court said.
Nitish Katara killers to serve 25 years in jail
October 3
Vikas Yadav and his cousin Vishal, convicted for the abduction and murder of 25-year-old Nitish Katara in Ghaziabad in 2002, would serve 25 years each in prison, the Supreme Court ruled. The apex court also sentenced their associate Sukhdev Pehalwan to 20 years in prison.
The Delhi High Court had last year sentenced the Yadavs to 25 years in jail with an additional five years each for destruction of evidence. The Supreme Court said that those sentences would run concurrently and not one after the other as the High Court had ordered, effectively reducing the prison terms for each of them by five years. So the Yadavs, in jail for the last 14 years, will remain there till 2027.
Soumya rapist escapes noose
September 15
The Supreme Court commuted the death sentence of Govindachamy, a convict in the brutal rape and murder of a 23-year-old Kerala woman, to life imprisonment. The court dropped the murder charge, but upheld other charges against him.
Soumya was pushed off a moving train before she was raped by Govindachamy in 2011 near Thrissur. The Kerala High Court had confirmed the death sentence given to the convict by a subordinate court.
Katju jumps in: The apex court verdict triggered a debate after former Supreme Court judge Markandey Katju said that the apex court made some serious mistake in its judgment.
Criticising government is not sedition
September 6
In a clear message to the state, the Supreme Court ruled that sedition or defamation case could not be slapped on anyone criticising the government. “We have made it clear that invoking of section 124(A) of IPC (sedition) requires certain guidelines to be followed as per the earlier judgment of the apex court," said a top court bench.
Defamation & free speech: In an earlier verdict on May 14, the Supreme Court upheld the constitutional validity of the country's colonial-era criminal defamation laws and ruled that they were not in conflict with the right to speech.
A verdict that brought two states to the edge
September 5
Supreme Court directive to Karnataka to release 15,000 cusecs of Cauvery water every day to Tamil Nadu till September 16 led to massive protests in both the states.
The court also said that Tamil Nadu, in turn, would proportionately give water to Puducherry and asked the Cauvery Supervisory Committee to look into the state's plea seeking direction to Karnataka to release 35 thousand million cubic feet of water.
Singur land acquisition quashed
August 31
The Supreme Court quashed the previous West Bengal government's decision in 2006 to acquire 1,000 acres of land in Singur for Tata Motors's Nano car factory. The court maintained that provisions of the Land Acquisition Act had not been complied with and held that the land should be given back to the landowners or cultivators within 12 weeks.
The compensation already paid to them on account of the acquisition shall not be recovered.
Clean chit to Amit Shah
August 1
The Supreme Court upheld the clean chit given to Bharatiya Janata Party president Amit Shah by the subordinate courts in the Sohrabuddin Sheikh fake encounter case.
The top court questioned the locus standi of social activist Harsh Mander for pursuing the case in which the victim's brother Rubabuddin Sheikh had preferred to withdraw the petition.
Woman allowed to abort 24-week-old abnormal foetus
July 25
The Supreme Court allowed termination of a rape victim's pregnancy that had crossed the 20-week ceiling set by The Medical Termination of Pregnancy Act (MTP Act), 1971. It was pointed out that the same law allowed abortion after 20 weeks if the woman's life was in danger. She was in the 24th week of pregnancy and carrying the abnormal foetus was found to pose harm to her life.
Demolition of Adarsh building stayed
July 22
The Supreme Court ruled against the demolition of the Adarsh Housing Society, putting on hold the Bombay High Court's order in April that the controversial building be razed.
The 31-storey building, whose apartments were meant for war veterans, has been at the centre of a major scam after it was revealed that several politicians and bureaucrats were given flats, violating norms. The case is being investigated by the CBI.
SC accepts major recommendations of Lodha panel
July 18
The Supreme Court accepted major recommendations of the Lodha Committee on reforms in the BCCI. The recommendations include:
>>Bar on ministers and civil servants and those above 70 from becoming its members
>>A CAG nominee in the cricket board and scrapping of all other administrative committees
>>A player's association in the BCCI
>>One person should hold one post in the cricket administration
Congress govt in Arunachal restored
July 13
In a historic verdict, the Supreme Court restored Nabam Tuki-led Congress government in Arunachal Pradesh and held unconstitutional Governor Jyoti Prasad Rajkhowa's order on December 9, 2015 that had led to President's rule in the state and later formation of a new government.
A five-judge Constitution bench also ruled that all decisions taken by the legislative assembly pursuant to governor's order were unsustainable and liable to be quashed. It was the first time in Independent India that the apex court restored a government after it was dismissed.
Army can't use “excessive” force
July 9
In a significant ruling, the Supreme Court said that the army and the paramilitary forces could not use "excessive and retaliatory force" during counter-insurgency operations in disturbed areas.
The top court also asked for details of over 1,500 alleged fake encounters in Manipur, a state which has been witnessing intense protests against the Armed Forces Special Powers Act (AFSPA).
Sex workers can't use law
June 10
The Supreme Court ruled that sex workers cannot resist eviction from a brothel by citing provisions of law.
"If notice had to be given (to every occupant of brothel) then the implementation of the provision of the Immoral Traffic (Prevention) Act would be impossible," the apex court said.
Rajdhani blasts: Life term of 10 accused upheld
May 13
The Supreme Court upheld the sentencing of ten convicts by a TADA court in the 1993 Rajdhani trains serial blasts case. The apex court, however, set free four of the 14 who had been found guilty by the subordinate court and had appealed against the judgment.
Big B to face probe
May 11
The Supreme Court allowed the Income Tax department to reopen a tax case against actor Amitabh Bachchan. The IT department says the actor owes Rs 1.66 crore in taxes for his show Kaun Banega Crorepati for 2001-2002.
The Bombay High Court had granted relief to Bachchan by dismissing an appeal filed by the IT commissioner.
TRAI regulation arbitrary
May 11
The Supreme Court struck down the TRAI regulation making it mandatory for telecom companies to compensate subscribers for call drops, holding it "arbitrary, unreasonable and non-transparent".
The apex court passed the judgment on the appeals filed by COAI, a body of Unified Telecom Service Providers of India and 21 telecom operators, challenging the Delhi High Court order which had upheld TRAI's decision.
85 per cent pictorial warning on cigarette packs to stay
May 4
The Supreme Court told the tobacco industry to follow rules that require cigarette packets to prominently feature health warnings. The top court said the Karnataka High Court order staying the government order in this regard was not valid. The tobacco companies had protested when the government ordered that health warning should cover 85 per cent of a cigarette pack's surface.
MBBS, BDS admissions only through NEET
April 28
All admissions for undergraduate medical and dental courses for the academic year 2016-17 will have to be made only on the basis of National Eligibility cum Entrance Test (NEET), the Supreme Court ruled.
The top court also accepted the schedule suggested by the Centre and the Central Board of Secondary Education (CBSE) for conducting NEET in two phases.
Ministers' faces on govt ads
March 18
The Supreme Court modified its order of May 13, 2015, and allowed photos of Union ministers, chief ministers, governors and state ministers in government advertisements.
The apex court had earlier barred publication of leaders’ photos in advertisements except those of the President, prime minister and the chief justice of India.
