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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Feb 12, 2023

BCI has Powers to Prescribe All India Bar Examination

  • The Supreme Court Constitution bench held that the Bar Council of India has powers to hold the All-India Bar Examination. Whether the AIBE should be held at pre-enrolment or post-enrolment stage is a matter which the BCI can decide. It was held that law graduates are required to take bar license to be allowed to practice before courts.
  • A Constitution Bench comprising of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice A. S. Oka, Justice Vikram Nath and Justice J. K. Maheshwari said that the held powers of the Bar Council of India to conduct the exam were adequate.

Feb 11, 2023

Allahabad High Court Slams Advocate for Fraud in Bail Plea

  • The Allahabad High Court allowed a bail cancellation application and observed that the advocate, has, prima facie, conducted himself against the Bar Council Rules, professional ethics, contemptuous manner and he has played fraud with the Court and also interfered with the course of justice by misleading the Court as he concealed the material fact regarding rejection of the first bail application by the Bench.
  • The application under Section 439(2) CrPC was filed seeking cancellation of the order dated 22.3.2022 enlarging the accused-applicant on bail passed in Criminal Misc Bail Application in case under Sections 379, 411, 412, 413, 414, 419, 420, 467, 468, 471, 484 and 120-B IPC, Police Station Gomti Nagar, District Lucknow.
  • The Court noted Parmanand Gupta, counsel for the accused-respondent, deliberately styled the Criminal Misc Bail Application as the first bail application and, therefore, it got listed before the Court which was dealing with the subject matter.

Feb 10, 2023

Centre Notifies Appointment of 2 more Supreme Court Judges

  • The Centre notified appointment of two more judges in the Supreme Court, taking its strength to 34, which is its sanctioned strength.
  • Law Minister Kiren Rijiju announced it and congratulated the newly appointed judges -- Justice Rajesh Bindal and Justice Aravind Kumar.
  • The notification came 10 days after the Supreme Court Collegium recommended elevation of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar as judges of the top court.

Feb 09, 2023

SC Collegium Recommends Appointment of Justice Sabina as Chief Justice of Himachal Pradesh High C...

  • The Supreme Court collegium headed by Chief Justice of India D. Y. Chandrachud recommended the appointment of the Chief Justices of the High Courts of Patna, Himachal Pradesh, Gauhati and Tripura.
  • The three-member collegium recommended the name of Justice K. Vinod Chandran of the Kerala High Court for appointment as the Chief Justice of the Patna High Court and Justice Sabina as the Chief Justice of the Himachal Pradesh High Court.
  • The collegium recommended the name of Justice Aparesh Kumar Singh for appointment as the Chief Justice of the Tripura High Court.
  • It recommended the appointment of Justice Sandeep Mehta as the Chief Justice of the Gauhati High Court.

Feb 08, 2023

Centre Notifies Appointment of 5 Judges to Supreme Court of India

  • The Union government notified the appointment of five new judges to the Supreme Court. With their appointments, the number of judges in the Supreme Court will rise to 32. Currently, the Supreme Court of India has a sanctioned strength of thirty-four Judges and is presently functioning with twenty-seven Judges.

Virginity Test on Accused Women in Custody is Unconstitutional

  • The Delhi High Court held that the virginity test conducted on a female accused who is under the judicial or police custody is unconstitutional.
  • A single-judge bench of Justice Swarana Kanta Sharma said that the virginity test conducted on Sister Sephy, who was been convicted for the murder of Sister Abhaya in Kerala in the year 1992 was not in the spirit of constitution.
  • The bench added that whatever be the case the basic dignity of a person in custody should always be upheld.
  • Now that the criminal case is over, the Justice Sharma further granted liberty to Sister Sephy to seek compensation for violation of her human rights.
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