General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Oct 19, 2022

No Direction can be Issued to Parliament to Frame UCC: Centre Tells SC

The Supreme Court was apprised by the Union Law Ministry that it cannot direct the Parliament for framing or enacting any law.
The Union Law Ministry has also asked the Apex Court that the PILs pertaining to Uniform Civil Code in the country must be dismissed as non-maintainable.
While responding to the PIL filed by BJP leader and Advocate Ashwini Upadhyay with regards to seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony, the Ministry said that a writ of Mandamus cannot be issued to the legislature to enact a particular legislation.
It further said that it was policy matter which can be dealt by elected representatives and no direction in this regard can be issued by the Court. It is for the legislature to enact or not to enact a piece of legislation.
The Article 44 of the Indian Constitution is a directive principle which requires the State to endeavor to secure Uniform Civil Code for all the citizens.
The Ministry emphasized on the part Article 44 is to strengthen the object of "Secular Democratic Republic" as enshrined in the Preamble of the Constitution.

Oct 18, 2022

D.Y. Chandrachud Appointed 50th Chief Justice of India

The President of India appointed Justice Dhananjaya Yeshwant Chandrachud as the Chief Justice of India (CJI) with effect from November 9, 2022. He will take over as the 50th CJI after incumbent CJI U. U. Lalit retires.
The outgoing CJI had recommended Justice Chadrachud's name to take the reins of the judiciary on October 11. Justice Chandrachud would have a term of over two years until November 10, 2024.
Lauded as a feminist judge for his reasoning, Justice Chandrachud spoke to young law graduates recently and told them to incorporate a feminist way of thinking while dealing with the law.
He practiced law before the SC and the Bombay High Court (HC) and was designated a senior advocate by the Bombay HC in June 1998.
He served as the Additional Solicitor General of India from 1998 until he was appointed a judge of the Bombay HC in March 2000. He was later appointed as Chief Justice of the Allahabad HC on October 31, 2013.
He was appointed judge of the SC on May 13, 2016.

Oct 17, 2022

Justice Magrey Sworn in as Chief Justice of High Court of J-K and Ladakh

Justice Ali Mohammad Magrey was sworn in as the new Chief Justice of the High Court of Jammu and Kashmir and Ladakh.
Jammu and Kashmir Lieutenant Governor Manoj Sinha administered the oath of office to Justice Magrey at a ceremony at SKICC.
The warrant of appointment of Justice Magrey as Chief Justice was read out by the Registrar General of the High Court.
The ceremony was attended by politicians and senior officers of the police and civil administration.

Oct 16, 2022

CJI Lalit Recuses Himself from Hearing Plea of Ex-CM Karnataka Yediyurappa

Chief Justice of India U.U. Lalit recused himself from hearing a petition filed by Karnataka Chief Minister B.S. Yediyurappa and former State Industries Minister Murugesh Nirani against the Karnataka High Court order, which allowed restoration of a criminal case against them in the alleged illegal land de-notification case.
After the matter was listed before the Supreme Court Bench headed by the CJI and also comprising Justice Hemant Gupta, Justice Lalit refused to hear the same, stating that he was having some difficulty. He then directed the Registry to list the issue before another Bench, of which he was not a member.

Oct 15, 2022

Supreme Court Delivers Split Verdict in Karnataka Hijab Ban Case

Two judges on a Supreme Court bench delivered opposing verdicts in the hijab controversy, and asked the Chief Justice to constitute an appropriate bench to adjudicate in the case that stemmed from a ban on wearing the Islamic head covering in Karnataka schools.
While Justice Hemant Gupta dismissed the appeals challenging the March 15 judgment of the Karnataka High Court which had refused to lift the ban, Justice Sudhanshu Dhulia held there shall be no restriction on the wearing of hijab anywhere in the schools and colleges of the state.
With the apex court delivering a split verdict, the high court's judgment still holds the field. However, the split verdict held off a permanent resolution of the vexed row over hijab as both judges suggested placing the matter before a larger bench for adjudication.

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