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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 05, 2022

SC Notice to Centre on Rehab of Assaulted Women, Children

  • The Supreme Court asked the government to respond to a plea seeking victim protection protocol for the rescue and rehabilitation of sexually exploited women and children.
  • A Bench led by the Chief Justice of India asked the Centre to respond by October 31 to the plea filed by "Prajwala" after advocate Aparna Bhat submitted on behalf of the NGO that the apex court had in 2015 ordered setting up of the Organised Crime Investigative Agency (OCIA) to deal with the trafficking of women and children.
  • The NGO sought to highlight the fact that due to complete breakdown of all systems owing to the pandemic, trafficking had become rampant and rescue and rehabilitation work had been affected.

Oct 04, 2022

Delimitation in J&K: Centre, EC tell Supreme Court that No Challenge can be Accepted after Gazett...

  • The Central government and the Election Commission told the Supreme Court that the delimitation process in Jammu and Kashmir cannot be challenged, once the orders have been issued by the Gazette of India.
  • The Ministry of Home Affairs filed the submissions on behalf of the Central government and the Union Territory of Jammu and Kashmir.
  • The response was filed on a batch of petitions challenging the setting up of Delimitation Commission in J&K, calling it unconstitutional.
  • The Bench of Justice Sanjay Kishan Kaul and Justice M.M. Sundresh had issued notice to the Central government and the ECI on the pleas further declaring increase in the number of seats in J&K from 83 to 90 as ultra vires the Constitution.
  • The Centre, seeking dismissal of the petition, termed it as nothing, but a frivolous attempt to challenge the orders of the Delimitation Commission.

Oct 03, 2022

Supreme Court Gives Ultimatum to Bar Council of India to Dispose of Complaints against Lawyers Wi...

  • Coming down heavily on the Bar Council of India over pendency of complaints, the Supreme Court directed BCI to either dispose of or transfer all the complaints it received against Advocates before December 31, 2022, so as to maintain the faith of the litigants over the justice delivery system and the profession itself.
  • The Bench of Justice M.R. Shah and Justice Krishna Murari had passed the order in September, on a contempt petition filed in connection with its verdict of December 17, 2021, in which the Apex Court, while taking into consideration Sections 35 and 36B of the Advocates Act, had directed BCI to issue appropriate directions to the concerned state Bar Councils to decide and dispose off the complaints within a period of one year from their date of receipt.
  • Flaying Senior Advocate and BCI Chairman Manan Mishra for cases pending for more than four years with the Council, the Bench told him to "do whatever," but maintain the discipline and purity of the profession.

Oct 02, 2022

Supreme Court Rejects Petition against Design of National Emblem Installed Atop Central Vista

  • The Supreme Court rejected a petition filed against installing the State Emblem atop the Central Vista building, claiming that its design was in violation of the State Emblem of India (Prohibition Against Improper Use) Act, 2005.
  • The Bench of Justice M.R. Shah and Justice Krishna Murari said that they have seen the emblem and found it not violative of the law.
  • The Court remarked that the impression the emblem gives depends on the mind of the person. It was a matter of perception, not violation.
  • The petition was filed by Advocates Aldanish Rein and Ramesh Kumar Mishra, who believed that the lions portrayed in the emblem inaugurated by Prime Minister Narendra Modi appear ferocious and aggressive with open mouth and visible canines, in contrast with the State Emblem preserved in the Sarnath Museum, where the lions seem to be calm and composed.

Oct 01, 2022

SC Collegium Recommends Elevation of 3 Judges as Chief Justices

  • The Supreme Court Collegium recommended the elevation of three High Court judges as Chief Justices and transferred two Chief Justices and three judges.
  • Justice S. Muralidhar, the Chief Justice of Orissa High Court, was shifted to the Madras High Court. Jammu & Kashmir and Ladakh High Court Chief Justice Pankaj Mithal was transferred to Rajasthan High Court.
  • The Collegium, comprising Chief Justice of India U.U. Lalit and justices Dhananjaya Y. Chandrachud and Sanjay Kishan Kaul, recommended the elevation of Jaswant Singh as the Orissa High Court Chief Justice and Ali Mohammad Magrey as that of Jammu & Kashmir and Ladakh High Court.
  • The Collegium also recommended the elevation of Prasanna B. Varale, a Bombay High Court judge, as the Karnataka High Court Chief Justice.
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