General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 23, 2022

Supreme Court Comes Down Heavily upon Environmentalist seeking the Post of President

The Supreme Court came down upon an environmentalist who filed a petition seeking for appointment as the post of President of India by removing the current President Droupadi Murmu from her post.
A bench of Justices D.Y. Chandrachud and Justice Hima Kohli took a strong view of the plea and called it scurrilous and an abuse of the process of the court.
The Bench questioned as to what kind of scurrilous petitions are these? It also questioned as to how is this (filed under) Article 32 of the Constitution.
The bench has also directed the court registry for not entertaining such petitions in future.
The petitioner in his plea has alleged that he was not allowed to contest the recent Presidential polls.

Oct 22, 2022

PMLA: Supreme Court Dismisses Petition for Reconsidering Verdict

The Supreme Court of India dismissed the petition for reconsideration of the July 27 verdict of upholding the validity of provisions of the Prevention of Money Laundering Act.
A bench comprising the Chief Justice of India (CJI) U.U. Lalit and Justice Bela M. Trivedi dismissed the plea that challenged the Constitutional validity of Section 37 of the Act which stipulates the power of the Chairperson to transfer cases.
The CJI while speaking on the plea said it is misconceived. He further added that as soon as you have a problem with a provision you assail the act. It is not as if you face a trial. It is only a prima facie case.

Oct 21, 2022

Entities Involved in Trade Would Cease to be a Charitable Institution: SC

The Supreme Court (SC) ruled that any entity or institution involved in any trade or commerce under the guise of 'general public utility' will cease to be a 'charitable institution' and therefore, cannot claim tax exemption under the Income-Tax (I-T) Act.
Two key issues were heard by the Apex Court.
One scope of the expression 'general public utility' (deals with benefit to a section of the public) for claiming tax exemption as 'charitable institution'.
Two, scope of exemption to educational institutions claiming tax exemption as 'charitable institution'.
The expression 'charitable purpose' has been defined under certain clauses which include relief to the poor, for education and medical relief, preservation of the environment (including watersheds, forests and wildlife), preservation of monuments, and the advancement of any other object of public utility.
Many institutions doing trade/commerce used the 'general public utility' clause to gain exemption for profits on such trade/commerce since the meaning is ambiguous. The court has now clarified if any profit or margin is earned from such an activity, it shall cease to be a charitable activity.
This judgment could have wide-ranging ramifications since charitable institutions involved in any trade or commerce in the name of the said provision could come under its radar and would be denied the benefit of tax exemption under the I-T Act available to them.

Oct 20, 2022

Uttarakhand High Court Dismisses PIL Seeking Appointment of Judges

The Uttarakhand High Court dismissed a PIL seeking directions to appoint judges in the Uttarakhand High Court as per the sanctioned strength.
The PIL was filed by the Youth Bar Association of India.
The Division Bench of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari observed that it is for the Collegium, consisting of the Chief Justice and the two seniormost Judges of the High Court, to make the recommendations.
There is no reason to assume that the Collegium is not mindful of its duty, or that it would not perform its duty, as and when the occasion arises.

Oct 19, 2022

No Direction can be Issued to Parliament to Frame UCC: Centre Tells SC

The Supreme Court was apprised by the Union Law Ministry that it cannot direct the Parliament for framing or enacting any law.
The Union Law Ministry has also asked the Apex Court that the PILs pertaining to Uniform Civil Code in the country must be dismissed as non-maintainable.
While responding to the PIL filed by BJP leader and Advocate Ashwini Upadhyay with regards to seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony, the Ministry said that a writ of Mandamus cannot be issued to the legislature to enact a particular legislation.
It further said that it was policy matter which can be dealt by elected representatives and no direction in this regard can be issued by the Court. It is for the legislature to enact or not to enact a piece of legislation.
The Article 44 of the Indian Constitution is a directive principle which requires the State to endeavor to secure Uniform Civil Code for all the citizens.
The Ministry emphasized on the part Article 44 is to strengthen the object of "Secular Democratic Republic" as enshrined in the Preamble of the Constitution.

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