General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jan 24, 2023

Scheduled Caste Status to Dalit Christians, Dalit Muslims: Supreme Court Dismisses Plea against C...

The Supreme Court rejected a petition challenging the setting up of a three-member Commission by the Union government in October 2022 to examine the possibility of granting the Scheduled Caste status to Dalit Christians and Dalit Muslims.
The Bench of Justice Sanjay Kishan Kaul, Justice Abhay S. Oka and Justice B. V. Nagarathna disposed of the plea, observing that it did not see any ground to quash the appointment of the Commission.

Marriage Before 18 Years cannot be Annulled: Karnataka High Court

The Karnataka High Court ruled that the marriage of a woman that has taken place before her attaining 18 years of age cannot be annulled. The bench also quashed the earlier order in this regard by a Family Court.
The division bench comprising Chief Justice P. B. Varale and Justice S. Vishvajith Shetty gave the order, while looking into the petition in this regard by a woman.
According to the Hindu Marriage Act Section 5 (3), the age of bridegroom should be 21 years and bride should be 18 years. The rule specifying 18 years of age for marriage is being kept out of Section 11 of the Act, the bench said. Besides for cancellation of marriage, the facts have to be in contravention to the Section 5 and rule 1, 4 and 5. Hence, the annulment of marriage won't apply to this case, the bench said.

Jan 22, 2023

Centre Notifies Appointment of Justice Sabina as Acting Chief Justice of Himachal Pradesh High Court

The Central government finally notified the appointment of Justice Sabina as the acting Chief Justice of the Himachal Pradesh High Court.
The appointment of Justice Sabina's came into effect following the retirement of the incumbent Chief Justice Amjad Ahtesham Sayed.
Exercising the power conferred by Article 223 of the Constitution of India, the President appointed, Justice Sabina, senior-most Judge of the Himachal Pradesh High Court, for performing the duties of the office of the Chief Justice of that High Court.
For Justice Sabina, this is her second term as an acting Chief Justice of the Himachal Pradesh High Court. She held this post in the year 2022.

Jan 21, 2023

Supreme Court Rejects Pleas against Caste Census in Bihar

The Supreme Court dismissed as withdrawn, the petitions challenging the caste-based census being currently conducted in the State of Bihar.
The Bench of Justice B.R. Gavai and Justice Vikram Nath disposed of the petitions that sought quashing of the June 6, 2022 notification issued by the Deputy Secretary of Bihar government in respect to conducting a caste-based survey in the state.
The Nitish Kumar-led government had kick-started the caste-based Census on January 7 , 2023, claiming that the exercise would provide scientific data for carrying out welfare schemes for weaker sections of the society.
The state government planned to compile data on each family digitally through a mobile application in the survey, from panchayat to the district level.
Suspecting the motivation of the petitioners, the Apex Court disposed off the pleas, terming them as publicity interest litigation.
It asked the petitioners that if the relief sought in the pleas was granted, how would the state government determine on how to grant reservation.

Jan 20, 2023

Supreme Court Rejects Plea Seeking Uploading of Charge Sheets on Government Websites

The Supreme Court refused to direct the investigating agencies such as the Central Bureau of Investigation and the Enforcement Directorate, apart from police, to upload the charge sheets on their websites, stating that the charge sheets were not public documents, unlike FIRs.
Dismissing the PIL filed by RTI activist and investigative journalist Saurav Das, the Bench of Justice M.R. Shah and Justice C.T. Ravikumar held that the directions passed in the Youth Bar Association case cannot be extended to charge sheets.
In the Youth Bar Association case, the Apex Court had directed the police to upload the FIRs in website within 24 hours, except in sensitive cases such as rape and sexual offences.

Jan 18, 2023

Default Bail Cancellation can be Considered on Merit, Says SC

Grant of default bail will not operate as an absolute bar to cancelling it once the charge sheet is filed and the same can be considered if a strong case is made out, the Supreme Court said.
A bench of Justices M. R. Shah and C. T. Ravikumar said this while asking the Telangana High Court to reconsider a CBI plea for cancellation of bail granted to accused Erra Gangi Reddy in connection with the murder of former Andhra Pradesh minister and Congress leader Y S Vivekananda Reddy and decide it on merits.

Supreme Court Disposes of Plea Seeking Allotment of Father's Chamber to Law Student

The Supreme Court referred a petition to the Chamber Allotment Committee, which sought allotment of a chamber belonging to a deceased lawyer to his daughter pursuing Law.
The Bench of Justice M. R. Shah and Justice C. T. Ravikumar told petitioner-in-person Anamika Dewan that it cannot pass an order for allotment of the Chamber to her as she was still a student, when there were hundreds of Advocates waiting for a chamber.
The petitioner then contended that she would be an Advocate in four months.
In the writ petition filed in the nature of Mandamus, the student submitted that her father, who was an Advocate on Record in the Supreme Court, had expired due to Covid-19. She said her father's hard work would go in vain as he toiled for 30 years for the chamber.
The Apex Court, while extending full sympathy towards the petitioner, told her that Chamber allotment would be done according to the seniority.

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