General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Oct 14, 2022

Transgenders Entitled to Special Quota for 3rd Gender: Madras High Court

The Madras High Court held without hesitation that transgenders are entitled to a special reservation for third gender viz., transgender category for admission to post basic (nursing) and post basic diploma in psychiatry nursing courses.
The court directed the Secretary, Tamil Nadu Health and Family Welfare department, Director of Medical Education (DME), Chennai, and Secretary (selection committee), DME, to treat the petitioner S. Tamilselvi as third gender/ transgender and accordingly place her in a special category, i.e. transgender category for admission to the course for the academic year 2022-23 for which the present merit list has been issued by the secretary, selection committee, only for female and male candidates.
Tamilselvi had moved the Madras High Court seeking a direction to the authorities to quash the prospectus issued for the Post Basic (Nursing) Course and Post Basic Diploma in Psychiatry Nursing Course for the academic year 2022-2023, as illegal for not categorising transgenders under special category.

Oct 13, 2022

Section 66A of the Information Technology Act 2000 is Redundant and Unconstitutional

The Supreme Court directed that no one should be prosecuted under Section 66A of the Information Technology Act 2000, since the act was struck down as unconstitutional by the Court in 2015.
The Court issued a slew of directions to the Director Generals of Police and Home Secretaries for ensuring that reference to Section 66A is removed from all pending cases.
The Court has also said that the bare acts of the IT Act should adequately inform the readers that Section 66A has been invalidated.
The bench of Chief Justice of India UU Lalit, Justice S Ravindra Bhat and Justice Ajay Rastogi heard a writ petition filed by the NGO 'Peoples Union for Civil Liberties' (PUCL) which talked of the Section 66A IT Act being invoked despite the judgment in Shreya Singhal v. UOI (2015) 5 SCC 1.

Oct 12, 2022

CJI UU Lalit Recommends Justice D.Y. Chandrachud as the Next Chief Justice of India

Chief Justice of India Uday Umesh Lalit named Justice D.Y. Chandrachud as his successor. He handed over a letter to Justice D.Y. Chandrachud, designating him as the next CJI. The letter was handed over in the presence of the other judges of the Supreme Court.
Last week, the central government had asked him to name his successor after he retires on November 8. He had taken charge in August when he succeeded Justice N.V. Ramana.
The law ministry - as per protocol - writes to the CJI around a month before the due date of retirement to seek the successor's name.
The reply is usually sent between 28 and 30 days before the retirement date. As a matter of convention, the next in line, in terms of seniority, after the CJI is chosen as his successor.
The Supreme Court will get its 50th Chief Justice when Justice U.U. Lalit retires. He would have completed a 74-day tenure by then.

Oct 11, 2022

Justice Ali Mohammad Magrey Will be the Chief Justice of the Jammu & Kashmir and Ladakh High Court

The Central government notified the elevation of Justice Ali Mohammad Magrey as the Chief Justice of the Jammu & Kashmir and Ladakh High Court.
In the meeting by the Supreme Court collegium, headed by the CJI UU Lalit, the elevation of the officer was recommended.
The sudden decision was taken in the wake of the transfer of Justice Pankaj Mithal.
Justice Ali Mohammad Magrey was born on December 8, 1960.
He enrolled himself as an advocate in the year 1984 and started to practice law in the district courts, including revenue courts/ tribunals and also in the High Court.
In March 2013, he was appointed a judge of the Jammu and Kashmir High Court.

Central Government Notifies Elevation of Justice P.B. Varale as Chief Justice of Karnataka High C...

The Central government notified the elevation of Justice P.B. Varale of the Bombay High Court as the Chief Justice of Karnataka High Court.
The elevation of Justice PB Varale was recommended by the Supreme Court collegium which was headed by the Chief Justice of India UU Lalit.
Along with Justice Varale, three senior judges of the Bombay High Court were recommended to be elevated as chief justices of other high courts or as Supreme Court judge.
Justice Varale, who is the senior-most judge at Bombay High Court, was enrolled as an advocate in August 1985 and had the opportunity to have practised under advocate SN Loya during his initial years.
Justice PB Varale has also served as a lecturer at Ambedkar Law College in Aurangabad till 1992.
Justice Varale will be the fourth judge from Bombay High Court to become the Chief Justice in Karnataka.

Supreme Court Pulls up West Bengal Government over Re-appointment of Calcutta University Vice-Cha...

The Supreme Court came down heavily on the West Bengal government, stating that in order to re-appoint Sonali Chakravarti Banerjee as Vice-Chancellor of the Calcutta University, the state had 'usurped' the powers of the Chancellor (State Governor).
The Bench of Justice D.Y. Chandrachud and Justice Hima Kohli disposed off the pleas filed by the West Bengal government and Banerjee, challenging the Calcutta High Court verdict, which had set aside the State government's decision to re-appoint Banerjee as the VC of CU.
The Apex Court did not find any fault with the High Court order and noted that it was correct both in facts and in law.
The Bench observed that the State, in order to remove the obstacles which could have arisen due to statutory restrictions, misused the 'removal of difficulty' clause under the Calcutta University Act, and usurped the power of the Chancellor to make the appointment.

Oct 10, 2022

Supreme Court Dismisses Plea Filed Challenging Karnataka High Court Order to Abolish the Anti-Cor...

The Supreme Court dismissed the plea filed by the private complainants challenging the order by the Karnataka High Court that abolished the Anti-Corruption Bureau (ACB) established by the State government in 2016.
The Karnataka High Court on August 11 abolished the ACB, stating that it was established by the State government in a bid to shield corrupt politicians, ministers and officers from the watchful eyes of the Lokayukta.

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