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LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Aug 18, 2022

'Some Leaders Make Promises Yet Aren't Elected': On Freebies, SC Points to Schemes for 'Dignity o...

  • The Supreme Court heard the plea related to the 'freebies' case and said that it has to be defined what freebie is, adding that there are schemes like Centre's MNREGA that give dignity of living.
  • The top court was hearing a PIL filed by lawyer Ashwini Upadhyay, which opposes the practice of political parties promising freebies during elections and seeks the Election Commission to invoke its powers to freeze their election symbols and cancel their registration.
  • "There are schemes like MNREGA which gives dignity of living. I don't think promises alone are not the bases of parties being elected solely. Some make promises and even then they are not elected," said CJI N. V. Ramana who is heading the bench hearing the case.
  • Earlier this month, Centre told the Supreme Court that distribution of freebies inevitably leads to "future economic disaster".

Aug 17, 2022

'Prima facie not so Improper': SC on Talaq-e-Hasan

  • Describing the Islamic practice of 'Talaq-E-Hasan'—pronounced once a month over a period of three consecutive months—as "prima facie not so improper", the Supreme Court said that it was not akin to triple talaq that was declared unconstitutional in 2017.
  • Women also have an option…Khula (Muslim women's right to seek divorce) is there, a bench led by Justice S.K. Kaul said.
  • The bench, which also included Justice M.M. Sundresh, said that if husband and wife can't live together, the top court can grant divorce on the ground of irretrievable breakdown under Article 142 of the Constitution.

Aug 16, 2022

Punjab and Haryana High Court Gets 11 Judges

  • The Centre notified the appointment of 11 advocates as additional judges, Punjab and Haryana High Court. They are Nidhi Gupta, Sanjay Vashisth, Tribhuvan Dahiya, Namit Kumar, Harkesh Manuja, Aman Chaudhary, Naresh Singh, Harsh Bunger, Jagmohan Bansal, Deepak Manchanda and Alok Jain.
  • The appointments took the strength of the High Court to 57 judges against a sanctioned strength of 85. They were appointed for a period of two years with effect from the date they assume charge of office.
  • With the appointments of 11 new High Court judges in the Punjab and Haryana High Court, the Government of India created a record by making 138 appointments so far this year (till August 2022) thus surpassing its earlier record of 126 High Court appointments in 2016.

Aug 15, 2022

Six HCs Get 26 Judges, 2 for Himachal Pradesh

  • Twenty-six judges were appointed to six High Courts, bringing the total number of HC judges appointed so far this year to a record 127. Of those elevated as additional judges and judges, 20 were judicial officers and six advocates. While two judges each were appointed to the High Courts of Orissa, HP and Guwahati, five were appointed to the Karnataka HC. Six judges were appointed to the Telangana HC and nine to the Allahabad HC.

Aug 14, 2022

Derecognising Parties over Freebies is Anti-democratic: Supreme Court

  • Chief Justice of India N. V. Ramana acknowledged that the impact of freebies promised by political parties on the country's fiscal health was "a serious issue" but said he was not in favour of derecognising any party over it because that would be "anti-democratic".
  • The court also expressed its reservations on how far it can go into the issue.
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