General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 16, 2022

CJI Lalit Recuses Himself from Hearing Plea of Ex-CM Karnataka Yediyurappa

Chief Justice of India U.U. Lalit recused himself from hearing a petition filed by Karnataka Chief Minister B.S. Yediyurappa and former State Industries Minister Murugesh Nirani against the Karnataka High Court order, which allowed restoration of a criminal case against them in the alleged illegal land de-notification case.
After the matter was listed before the Supreme Court Bench headed by the CJI and also comprising Justice Hemant Gupta, Justice Lalit refused to hear the same, stating that he was having some difficulty. He then directed the Registry to list the issue before another Bench, of which he was not a member.

Oct 15, 2022

Supreme Court Delivers Split Verdict in Karnataka Hijab Ban Case

Two judges on a Supreme Court bench delivered opposing verdicts in the hijab controversy, and asked the Chief Justice to constitute an appropriate bench to adjudicate in the case that stemmed from a ban on wearing the Islamic head covering in Karnataka schools.
While Justice Hemant Gupta dismissed the appeals challenging the March 15 judgment of the Karnataka High Court which had refused to lift the ban, Justice Sudhanshu Dhulia held there shall be no restriction on the wearing of hijab anywhere in the schools and colleges of the state.
With the apex court delivering a split verdict, the high court's judgment still holds the field. However, the split verdict held off a permanent resolution of the vexed row over hijab as both judges suggested placing the matter before a larger bench for adjudication.

Oct 14, 2022

Transgenders Entitled to Special Quota for 3rd Gender: Madras High Court

The Madras High Court held without hesitation that transgenders are entitled to a special reservation for third gender viz., transgender category for admission to post basic (nursing) and post basic diploma in psychiatry nursing courses.
The court directed the Secretary, Tamil Nadu Health and Family Welfare department, Director of Medical Education (DME), Chennai, and Secretary (selection committee), DME, to treat the petitioner S. Tamilselvi as third gender/ transgender and accordingly place her in a special category, i.e. transgender category for admission to the course for the academic year 2022-23 for which the present merit list has been issued by the secretary, selection committee, only for female and male candidates.
Tamilselvi had moved the Madras High Court seeking a direction to the authorities to quash the prospectus issued for the Post Basic (Nursing) Course and Post Basic Diploma in Psychiatry Nursing Course for the academic year 2022-2023, as illegal for not categorising transgenders under special category.

Oct 13, 2022

Section 66A of the Information Technology Act 2000 is Redundant and Unconstitutional

The Supreme Court directed that no one should be prosecuted under Section 66A of the Information Technology Act 2000, since the act was struck down as unconstitutional by the Court in 2015.
The Court issued a slew of directions to the Director Generals of Police and Home Secretaries for ensuring that reference to Section 66A is removed from all pending cases.
The Court has also said that the bare acts of the IT Act should adequately inform the readers that Section 66A has been invalidated.
The bench of Chief Justice of India UU Lalit, Justice S Ravindra Bhat and Justice Ajay Rastogi heard a writ petition filed by the NGO 'Peoples Union for Civil Liberties' (PUCL) which talked of the Section 66A IT Act being invoked despite the judgment in Shreya Singhal v. UOI (2015) 5 SCC 1.

Oct 12, 2022

CJI UU Lalit Recommends Justice D.Y. Chandrachud as the Next Chief Justice of India

Chief Justice of India Uday Umesh Lalit named Justice D.Y. Chandrachud as his successor. He handed over a letter to Justice D.Y. Chandrachud, designating him as the next CJI. The letter was handed over in the presence of the other judges of the Supreme Court.
Last week, the central government had asked him to name his successor after he retires on November 8. He had taken charge in August when he succeeded Justice N.V. Ramana.
The law ministry - as per protocol - writes to the CJI around a month before the due date of retirement to seek the successor's name.
The reply is usually sent between 28 and 30 days before the retirement date. As a matter of convention, the next in line, in terms of seniority, after the CJI is chosen as his successor.
The Supreme Court will get its 50th Chief Justice when Justice U.U. Lalit retires. He would have completed a 74-day tenure by then.

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