General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Dec 23, 2022

CJI Constitutes Committee to Conduct Accessibility Audit of SC Premises

In a bid to remove the barriers to access, Chief Justice of India D. Y. Chandrachud constituted a committee headed by apex court judge Justice S. Ravindra Bhat to conduct an audit of "physical and functional access" of the top court premises to make them disabled friendly.
The 'Supreme Court Committee on Accessibility' was given a broad mandate to prepare and release a questionnaire for persons with disabilities, including the apex court employees, advocates, litigants and interns, who visit the top court premises to assess the nature and extent of problems they face.
According to a notice uploaded on the apex court website, the committee will prepare a report on the accessibility audit, result of the survey of persons with disability and recommendations/proposals geared towards removing the barriers to access.

Dec 22, 2022

Delhi High Court Dismisses Plea Challenging Constitutional Validity of Rule 9(2) of the Delhi Hig...

The Delhi High Court dismissed a plea that challenges constitutional validity of the recently amended Rule 9(2) of the Delhi Higher Judiciary Services Rules, 1970 (the Rules).
The bench comprising of Justice Vibhu Bakhru and Justice Purushaindra Kumar Kaurav rejected the plea which was moved saying that they are unable to accept that Rule 9(2), as set out above, falls foul of Article 233 of the Constitution of India.
On the contrary, Rule 9(2) of the Rules is in conformity with the decision in the case of Deepak Aggarwal v. Keshav Kaushik & Ors.
In this case the plea was moved by a lawyer Praveen Garg who argued that Rule 9(2) of the Rules falls foul of Article 233(2) of the Constitution of India as the same does not expressly require a candidate to be in continuous practice of at least 7 years to be eligible to be appointed as a District Judge.

Hemant Gupta Appointed New Delhi International Arbitration Centre Chairman

Former Supreme Court judge Hemant Gupta was appointed as the chairperson of New Delhi International Arbitration Centre (NDIAC), according to a Personnel Ministry order.
The NDIAC has been established for the purpose of creating an independent and autonomous regime for institutionalised arbitration.
The Appointments Committee of the Cabinet has approved the appointment of Justice Hemant Gupta (R) as NDIAC chairperson and that of Ganesh Chandru and Anant Vijay Palli as its part-time members.

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.

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