Must Read Judgments For Supreme Court Law Clerk Cum-Research Associates Exam 2024

This January, the Supreme Court of India invited online applications for the post of Law Clerk-cum Research Associates on Short-Term contractual assignment. The exam is scheduled for 10 March 2024. For this purpose, the Top Court published the list of relevant cases for the Clerkship Exam. We have collated all the cases while also giving brief descriptions of each case.

CONSTITUTION BENCH DECISIONS

1. JOSEPH SHINE V UNION OF INDIA, 2023 INSC 87

The Supreme Court clarified that its 2018 judgment striking down Section 497 IPC (which criminalized adultery) will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.

2. BAR COUNCIL OF INDIA V. BONNIE FOI LAW COLLEGE & ORS., 2023 INSC 116

The Supreme Court upheld the power of the Bar Council of India to require law graduates to qualify for the All-India Bar Examination as an eligibility criterion to practise law in India.

3. ANOOP BARANWAL V UNION OF INDIA, 2023 INSC 190

The Supreme Court ordered that Election Commissioners will be appointed by the President of India on the advice of a committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India. The practice was to be complied with until a law in this regard was made by the Parliament.

4. UNION OF INDIA V M/S UNION CARBIDE CORPORATION., 2023 INSC 222

The Supreme Court dismissed the curative petition filed by Central Government seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) to claim additional compensation for victims of the Bhopal Gas Tragedy of 1984.

5. SHILPA SAILESH V VARUN SREENIVASAN., 2023 INSC 468

It was held that the Supreme Court, in exercise of power under Article 142(1) of the Constitution of India, has the discretion to dissolve the marriage on the ground of its irretrievable breakdown.

6. GOVERNMENT OF NCT OF DELHI V UNION OF INDIA., 2023 INSC 517

The Supreme Court held that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land.

7. SUBHASH DESAI V PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA., 2023 INSC 516

In the matter pertaining to the Shiv Sena rift, the Supreme Court held that it cannot order the restoration of the Uddhav Thackeray government as he resigned without facing floor test.

8. THE ANIMAL WELFARE BOARD OF INDIA V UNION OF INDIA 2023 INSC 548

The Supreme Court upheld the constitutional validity of the State amendments made to the central law Prevention of Cruelty to Animals Act by the States of Tamil Nadu, Karnataka and Maharashtra to allow the conduct of animal sports like Jalikattu, Kambala and bull-cart racing in these respective States.

9. CBI V R R KISHORE 2023 INSC 817

The Supreme Court held that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. Section 6A of the DSPE Act required the Central Bureau of Investigation to obtain prior sanction from the central government to investigate corruption cases against an officer of the rank of joint secretary and above.

10. SUPRIYO @ SUPRIYA CHAKRABORTY V UNION OF INDIA 2023 INSC 920

The Supreme Court refused to grant legal recognition for queer marriages in India saying that it is a matter for the legislature to decide.

11. IN RE ARTICLE 370 OF THE CONSTITUTION., 2023 INSC 1058

The Supreme Court upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. It was held that Article 370 was a temporary provision.

12. IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899., 2023 INSC 1066

A seven-judge bench of the Supreme Court ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence., the Court said.

THREE JUDGE BENCH DECISIONS

1. K.T.V. HEALTH FOOD PRIVATE LIMITED V. UNION OF INDIA., 2023 INSC 91

The Supreme Court upheld the decision of the National Green Tribunal, Southern Zone (NGT), which set aside the ex post facto clearance granted by the Union Government to an edible oil processing and refining company (appellant) to lay pipeline for transfer of edible oil from Chennai Port to the storage transit terminal. The NGT had found that the activity of putting up a storage tank transit terminal, is in the teeth of the CRZ Notification, 2011.

2. UNION OF INDIA V. PARASHOTAM DASS., 2023 INSC 265

The Supreme Court overruled its decision in Union of India And Ors. v. Major General Shri Kant Sharma And Anr. which barred the exercise of jurisdiction of High Courts in cases assailing orders passed by the Armed Forces Tribunal.

3. NARAYAN CHETANRAM CHAUDHARY VS STATE OF MAHARASHTRA., 2023 INSC 298

The Supreme Court released a death row convict (after 28 years) upon finding that even though he was a juvenile at the time of the commission of the offence, he was tried as an adult and was sentenced to death.

4. INDIRA JAISING V. SUPREME COURT OF INDIA THROUGH ITS SECRETARY GENERAL., 2023 INSC 524

The Supreme Court passed directions in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment (Indira Jaising v. Supreme Court of India).

5. DR. JAYA THAKUR VS UNION OF INDIA., 2023 INSC 616

The Supreme Court held as illegal the extension given to the term of Enforcement Directorate chief SK Mishra for violating the mandate of the Supreme Court's 2021 judgment in the Common Cause case that he should not be given further extension. 

The Court also upheld the 2021 amendments to the Central Vigilance Act and the Delhi Special Police Establishment Act.

6. UNION OF INDIA V. AMICUS CURIE., 2023 INSC 919

The Supreme Court rejected the plea of a married woman to abort her third pregnancy which has crossed 26-week on the ground that she was suffering from post partum psychosis after her previous delivery in September 2022.

7. MADAN V. STATE OF UTTAR PRADESH., 2023 INSC 990

The Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh's Muzaffarnagar, observing that although the crime fell in the 'rarest of rare' category, the death row convict was not beyond reformation.

8. ASHWINI KUMAR UPADHYAY V. UNION OF INDIA., 2023 INSC 991

The Supreme Court issued a slew of directions to monitor the early disposal of pending criminal cases against Members of Parliament and Members of Legislative Assemblies.

9. PUBLIC INTEREST COMMITTEE FOR SCHEDULING SPECIFIC AREAS AN UNREGISTERED ORGANISATION V UNION OF INDIA MINISTRY OF HOME AFFAIRS SECRETARY 2023 INSC 1086

The Supreme Court declined to pass directions to provide proportionate representation for the Scheduled Tribes (STs) in Lok Sabha and Legislative Assemblies of States of West Bengal (WB) and Sikkim, observing that it was a matter requiring amendments to the Representation of Peoples Act.

10. REVANASIDDAPPA & ANR. V. MALLIKARJUN & ORS., 2023 INSC 783

The Supreme Court held that children born out of void/voidable marriages are entitled to inherit a share in the property of their deceased parents which would have been allotted to them on a notional partition of the Hindu coparcenary property.

11. PEOPLES UNION FOR CIVIL LIBERTIES V. THE STATE OF MAHARASHTRA., 2023 INSC 833

The Supreme Court directed the Union Ministry of Home Affairs to prepare a comprehensive manual on media briefings by police personnel within a period of three months.

12. VISHAL TIWARI V UNION OF INDIA., 2024 INSC 3

The Supreme Court refused to order a probe by a Special Investigation Team (SIT) or the Central Bureau of Investigation(CBI) into the allegations levelled in the Hindenburg Research report regarding stock price manipulations by the Adani group of companies.

13. THE STATE OF UTTAR PRADESH V. ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD., 2024 INSC 4

To address the issue of "arbitrary and frequent" summoning of government officials by the Courts, the Supreme Court issued guidelines to High Courts.

14. BILKIS YAKUB RASOOL V. UNION OF INDIA & OTHERS 2024 INSC 24

The Supreme Court set aside the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat.

15. ANSAL THEATRES AND CLUBOTELS P. LTD. V. STATE THROUGH CBI., 2023 INSC 397

The Supreme Court ruled in favour of the ex IPS officer Amod Kumar Kanth in the connection with a case pertaining to the Uphaar fire tragedy which happened in 1996.

16. BALWANT SINGH V. UNION OF INDIA 2023 INSC 482

The Supreme Court refused to commute the death sentence of Babbar Khalsa terrorist Balwant Singh Rajoana to life imprisonment on the ground of the long pendency of the mercy petition before the President of India. The BKI operative was convicted for his role in the assassination of the former chief minister of Punjab, Beant Singh, in August 1995.

17. DELHI DEVELOPMENT, AUTHORITY V. JAGAN SINGH., 2023 INSC 139 17-02-2023

The Supreme Court had observed that once possession is taken, there shall be no deemed lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.

18. IN RE FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)., SUO MOTO WRIT (CIVIL) NO 2 OF 2019 2023 INSC 381

The Supreme Court imposed a penalty of Rs 10 lakhs on the Mumbai Metro Rail Corporation Ltd (MMRCL) for overreaching the Apex Court's order and seeking permission to cut 177 trees from the Tree Authority.

19. KARAN @ FATIYA V THE STATE OF MADHYA PRADESH., 2023 INSC 197

The Supreme Court set aside the death sentence imposed on a convict for the rape and murder of a minor girl after he was found to be a juvenile at the time of the offence.

20. LOK PRAHARI V. UNION OF INDIA., 2023 INSC 302

The Supreme Court dismissed a PIL which challenged the open ballot system for Rajya Sabha elections. 

21. MAH.ADIWASI THAKUR JAMAT SWARAKSHAN SAMITI V. THE STATE OF MAHARASHTRA., 2023 INSC 286

The Supreme Court held that affinity test is not a litmus test to decide a caste name and is not an essential part in the process of the determination of correctness of a caste/tribe name in every case.

22. MALIK MAZHAR SULTAN V. U.P. PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY., 2023 INSC 860

The Supreme Court rejected an application filed by the State of Haryana seeking to hold the selection process for Junior Civil Judges by the State Public Service Commission instead of a Selection Committee which has representatives of the High Court.

23. MOHD NAUSHAD V. STATE OF NCT DELHI., 2023 INSC 605

The Supreme Court of India upheld the conviction of two accused in the 1996 Lajpat Nagar bomb blast case and sentenced them to life imprisonment without remission.

24. MOHINDER SINGH (D) THR. LRS V. NARAIN SINGH., 2023 INSC 223

The Supreme Court affirmed a Delhi High Court judgement which stated that once a rural area is urbanized by issuance of notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, it ceases to be governed by the provisions of Delhi Land Reforms Act, 1954.

25. NAND LAL V. THE STATE OF CHHATTISGARH 2023 INSC 224

The Supreme Court reiterated that omission on the part of the prosecution to explain injuries on the person of the accused assumes greater importance where the evidence consists of interested witnesses or where the defence gives a version which competes in probability with that of the prosecution.

26. RAJESH V. THE STATE OF MADHYA PRADESH., 2023 INSC 839

The Supreme Court held that 'panchnamas' (documents recording the proceedings of searches and seizures) would be deemed inadmissible in a court of law if they were prepared in a manner violative of Section 162 CrPC.

27. RAJKUMAR V. THE STATE OF UTTAR PRADESH., 2023 INSC 718

The Supreme Court, in a matter concerning the remission of convicts in the State of Uttar Pradesh, noted that the arbitrary application of different yardsticks for similarly placed convicts would give rise to a situation where the persons lacking resources would suffer the most.

28. SHELLY OBEROI V. OFFICE OF LIEUTENANT GOVERNOR OF DELHI., 2023 INSC 132

Ending a major controversy over the election of Mayor of the Municipal Corporation of Delhi, the Supreme Court held that nominated members of the municipal corporation cannot vote in the elections for mayor.

29. THE STATE OF PUNJAB V. PRINCIPAL SECRETARY TO THE GOVERNOR OF PUNJAB., 2023 INSC 1017

The Supreme Court held that it is not open for a Governor to withhold assent to bills by doubting the validity of the legislative session in which they were passed.

30. THE STATE OF WEST BENGAL VS SUVENDU ADHIKARI., 2023 INSC 647

The Supreme Court dismissed the petition filed by the State of West Bengal challenging the Calcutta High Court order transferring the investigation in six FIRs related to Ram Navami violence from March 31 to April 3 to the National Investigation Agency.

31. TEESTA ATUL SETALVAD V. STATE OF GUJARAT., 2023 INSC 637

The Supreme Court granted regular bail to human rights activist Teesta Setalvad in the Gujarat police case over alleged fabrication of evidence in the 2002 riots cases. 

32. UNION OF INDIA V. M/S. BHARAT ENTERPRISE., 2023 INSC 277

The Supreme Court had observed that an arbitrator cannot stray outside the contours of the contract. He is bound to act within its confines.

The list published by the Supreme Court can be read here.