General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Apr 09, 2023

Karnataka High Court Directs Election Commission of India to Decide on AAP Plea Seeking National ...

The Karnataka High Court instructed the Election Commission of India (ECI) to decide the representation by Aam Aadmi Party (AAP) seeking the status of 'national party' on or before April 13.
The directions were passed by Justice M. Nagaprasanna after AAP moved to the High Court stating that it was not getting the due reply by ECI on its representation seeking national party status.
At present, AAP has government in Delhi and Punjab along with securing about 6% vote share in Goa and Gujarat assembly elections.
As per Section 6(b) of the Election Symbols (Reservation and Allotment) Orders of 1968, any party with over 6% vote share in more than four states should be declared a national party.

Apr 07, 2023

Supreme Court Directs Centre, States to Implement Second National Judicial Pay Commission

The Supreme Court rejected the review petitions filed by the Union of India and three state governments against the implementation of enhanced pay scale for judicial officers as per the recommendation of the Second National Judicial Pay Commission (SNJPC).
The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice Krishna Murari and Justice Hima Kohli, while upholding its July 27 verdict of 2023, observed that there was no apparent error on the face of the record and reiterated the directions issued in its 2022 judgment.
The Apex Court further directed the Union government and the states of Haryana, Manipur and Uttar Pradesh to pay the arrears to the officers in three instalments.

Apr 06, 2023

Searches Conducted before June, 2015 Will Also Come under Amendment in Section 153C of Income Tax...

The Supreme Court delivered a landmark verdict as it ruled that searches conducted before June 1, 2015 would also come under the amendment brought by the Finance Act 2015 in Section 153C of the Income Tax Act, 1961.
The Bench of Justice M. R. Shah and Justice C. T. Ravikumar passed the orders on a bunch of 115 applications filed by the Revenue Department against the Delhi High Court order of 2014 in the PepsiCo India Ltd vs Assistant Commissioner of Income Tax case.
The High Court had given a restrictive meaning to the words used in Section 153C in the case PepsiCo India Ltd vs Assistant Commissioner of Income Tax.
The High Court had held that the word used in the Section could not be confused as "relates to" or "refers to". If photocopies of a document were seized from a person, it cannot be said that the document "belongs" to that person, as the originals were with someone else.
Modifying the High Court order, the Supreme Court ruled that Section 153C allowed the Revenue department to proceed against a party other than the person who was being searched, if incriminating articles against the 'other' person were found during the search.

Apr 05, 2023

Supreme Court Rejects Petitions Alleging Misuse of Central Agencies by UoI

The Supreme Court denied to entertain a batch of petitions which were submitted by political parties who had alleged the central investigating agencies like Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) were being misused by the Centre for clamping down and arresting the opposition leaders and other citizens critical of the current ruling dispensation.
The petitioners argued that action against dissent and disagrement with the government is but a gross violation of the fundamental right of citizens.
A division bench comprising of Chief Justice D. Y. Chandrachud and Justice J. B. Pardiwala said that they have no interest to entertain the petition.
The bench added that it cannot issue general directions without a factual context. The bench however said that it can intervene in an individual case only.
The bench added that the political leaders have no special privileges and cannot claim a higher immunity than ordinary citizens.

Apr 03, 2023

Supreme Court Gives Nod to Revised Guidelines for Law Clerks Working on Short-term Contractual As...

The Supreme Court gave its approval to revised guidelines for engaging law clerk-cum-research associates on short-term contractual assignments in the Apex Court.
As for the engagement concerned, these law clerks will be engaged on a short-term contractual assignment which shall begin after the Court reopens post summer vacation and would conclude by the end of the following year's summer vacation.
It is, however, important to note that the term can be extended for the next year on the satisfaction and approval of the Judge with whom the law clerk is attached or the senior-most Judge of the Committee of Judges on Law Clerks.

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