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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Dec 20, 2022

SC Directs Centre, IITs to Follow Quota Law in Recruitment of Faculty

  • The Supreme Court directed the Centre to follow the reservation policy for admission in research degree programmes and recruitment of faculty members at IITs as provided under the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019.
  • The top court was hearing a plea filed by S. N. Pandey seeking direction to the Centre and the IITs to follow the reservation policy with regard to admissions in research programmes and recruitment of faculty members, claiming the guidelines were being violated.
  • The matter came up before a bench of Justices M. R. Shah and C. T. Ravikumar and it was informed that the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 stipulates such reservation and it is being implemented.

The Court will have to Look at Resources Beyond the State to Enforce Order if the State cannot Im...

  • The Meghalaya High Court observed that if the State is unable to implement the order or the subsisting orders of Courts and Tribunals which are binding on it, the High Court will have to look at resources beyond the state to enforce such orders.
  • The Division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh heard a Public Interest Litigation (PIL) raising the issue of illegal functioning of coke plants in the Meghalaya.
  • The High Court recalled that despite the Court's efforts over the last several months to implement the orders passed by the Supreme Court and the National Green Tribunal to prohibit the illegal mining of coal and the illegal setting up of coke plants, the State government has done extremely little.

Dec 18, 2022

Gram Nyayalayas: Supreme Court Directs all States/High Courts to File Status Report within 2 Months

  • The Supreme Court directed all state governments and High Courts in the country to file status reports within two months on a petition seeking establishment of Gram Nyayalayas as per the Gram Nyayalayas Act 2008.
  • The order was passed by the Division Bench of Justice S. Abdul Nazeer and Justice Hima Kohli on a PIL filed by the National Federation of Societies for Fast Justice.
  • On its last hearing, the top court of the country had impleaded all the High Courts and state governments of the country, noting that their presence was necessary for adjudicating the matter.

Dec 17, 2022

Criminal Proceedings should be Quashed by the High Court Where there is a Civil Wrong

  • The Apex Court said that whenever there is a situation where a civil wrong is given a cloak of a criminal offence, the criminal proceedings should be quashed by the High Court to prevent the abuse of process of court.
  • A bench of Justice Abdul Nazeer and Justice J.B. Pardiwala ruled that it is a possibility that a complaint disclosing civil transaction may also have a criminal texture, the High Court must ensure that substance of a civil nature is not given a cloak of a criminal offence.

Dec 16, 2022

No Vacation Bench of Supreme Court to Sit during Winter Break

  • Chief Justice of India D.Y. Chandrachud declared that no Vacation Bench will conduct hearings during the upcoming winter break of the Supreme Court.
  • The CJI said that Vacation Benches were only formed when the Court went for longer breaks such as during summers in the months of May and June. However, the practice would not be followed during the winter break in December.
  • The Apex Court will go for Winter break from December 19 to January 2.

Dec 15, 2022

Direct Evidence of Demand of Bribe Not Necessary to Convict Public Servant under Prevention of Co...

  • The Supreme Court ruled that a public servant can be held guilty under the Prevention of Corruption Act based on circumstantial evidence. It further added that direct evidence of demand of bribe is not necessary to convict a public servant under the Act.
  • A Constitution Bench comprising Justice S. Abdul Nazeer, Justice V. Ramasubramanian, Justice B.R. Gavai, Justice A.S. Bopanna, and Justice B.V. Nagarathna said that even if the direct evidence of the complainant is not available, owing to any reasons, there can be conviction of the public servant under the PC Act, if the demand for illegal gratification is proved through inferential evidence based on circumstances.
  • The Court held that if there is an absence of evidence of the complainant (direct or primary), it is permissible to draw an inferential deduction of culpability," the Court held.
  • The Court however added that foundational facts have to be proved in the cases.
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