General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Aug 07, 2022

Andhra Pradesh High Court: PIL Jurisdiction is Invoked to Protect Interest of Oppressed Class of ...

The Andhra Pradesh High Court observed that Public Interest Litigation (PIL) jurisdiction is invoked to protect the interest of oppressed class of citizenry and not for deciding pure legal issues, which should be left to be decided in an appropriate inter-party lis (suit).
The Division Bench of Chief Justice Prashant Kumar Mishra and Justice D.V.S.S. Somayajulu dismissed a PIL filed by President of Muslim Hakkula Porata Samithi, seeking declaration that the AP State Waqf Board, in collecting Waqf Fund on donations, nazaranas or presentations given by Muslim devotees to Masjids or Dargas or Anzuman Institutions belonging to the Waqf Board in the State, as illegal, void.
Through the PIL the Petitioner further seeks direction that AP State Waqf Board not to collect such Waqf Fund on donations, nazaranas or presentationsgiven by Muslim devotees to Masjids or Dargas or Anjuman Institutions belonging tothe Waqf Board.

Aug 06, 2022

SEBI Cannot Circumvent Rule of Law: Supreme Court

The Supreme Court flayed the Securities and Exchange Board of India (SEBI), stating that the market regulator cannot circumvent the rule of law.
A Bench comprising Chief Justice of India N.V. Ramana, Justice J.K. Maheshwari and Justice Hima Kohli expressed the views, while permitting Reliance Industries Limited (RIL), access to certain documents that were relied upon by SEBI in connection with acquisition of own shares by the company.
Stating that SEBI has a duty to act in a fair manner, the Apex Court directed the market regulator to furnish the documents sought by RIL.
RIL had filed a petition in the Apex Court, challenging the Bombay High Court order, which rejected its plea to access certain documents that sought to prove its innocence on allegations levelled by SEBI.

Aug 05, 2022

Supreme Court Remarks On Freebie Culture

The Supreme Court (SC) said that the Centre should take the opinion of stakeholders like the NITI Aayog, Finance Commission, Reserve Bank of India, Law Commission of India, and the Election Commission to come up with "constructive suggestions" to address the issue of irrational freebies.
The government, on the other hand, told the court that the distribution of freebies inevitably leads to future economic disaster. It was in response to a petition against the so-called 'freebies' culture in the country, particularly during elections.
The plea sought directions to the Election Commission to not permit political parties to promise or distribute irrational freebies from the public fund before elections, and to deregister political parties which do so.

Aug 04, 2022

Chief Justice Ramana Requested by Law Minister to Nominate Successor

Chief Justice of India N.V. Ramana, who is set to demit office on August 26 on superannuation, received a communication from the Law and Justice Minister to nominate his successor.
Justice U.U. Lalit, who is the senior most judge in the Supreme Court, is in line to become the next Chief Justice of India. Appointed to the apex top court directly from the Bar, he would be having a short tenure of less than three months, as the Chief Justice of India as he is set to retire on November 8.
According to the Memorandum of Procedure, the Law Minister seeks recommendation from the outgoing CJI to nominate his successor. Usually, the recommendation is sought within a month of the retirement of incumbent Chief Justice of India.

Aug 03, 2022

'No Need to Resign from Job to Enrol as Lawyers,' Bar Council of India Tells SC

Law graduates employed in other professions need not resign from their respective jobs to get enrolled as lawyers, the Bar Council of India (BCI) informed the Supreme Court, adding that such people will be provided a six-month window to quit their jobs after clearing the enrolment examination.
The decision was taken by the BCI's general council, and conveyed to the court through an affidavit, in a matter where the top court is considering a slew of reforms in the enrolment process.
The apex court was hearing an appeal filed by BCI against a November 2020 decision by the Gujarat High Court that allowed a single mother to take the All India Bar Examination (AIBE) while continuing her job.

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