General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

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.

Sep 30, 2022

All Women Entitled to Safe, Legal Abortion, Says Supreme Court

The Supreme Court extended the right to safe and legal abortion to all women, irrespective of their marital status, up to 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.
The milestone judgment also for the first time recognised marital rape, strictly under the purview of the MTP Act. It said that marital rape has to be classified within the meaning of "rape" in order to save women from forceful pregnancy.
Delivering its judgment, the bench of Justices D. Y. Chandrachud, A. S. Bopanna and J. B. Pardiwala said that the right to reproductive choice for women is a facet of the right to personal liberty under Article 21 of the Constitution. This means that the right of safe reproductive healthcare is applicable to all women.

Sep 28, 2022

SC Collegium Proposes Bombay HC Chief Justice's Elevation to Top Court

The Supreme Court Collegium recommended the elevation of Bombay High Court Chief Justice Dipankar Dutta as judge of the apex court.
At present, the apex court is functioning with 29 judges as against the sanctioned strength of 34 judges. Justice Datta was appointed as the Chief Justice of the Bombay High Court in April 2020.
Justice Dutta practised primarily in the apex court and High Court in constitutional and civil matters before being elevated as a permanent judge of the Calcutta High Court in June 2006.

Sep 27, 2022

Rajiv Gandhi Assassination Case: Supreme Court Issues Notice to Centre, Tamil Nadu Govt. on Nalin...

The Supreme Court asked the Centre and the Tamil Nadu government to respond on a plea filed by Nalini Sriharan for a premature release from her life term in the assassination case of former PM Rajiv Gandhi.
A bench comprising of Justice B. R. Gavai and Justice B. V. Nagarathana issued notices to the Centre and the Tamil Nadu government seeking their replies on the plea.
The Apex Court also issued notices on the plea filed by R. P. Ravichandran, who too is a convict in the case.
The order by the Madras High Court which rejected her plea for early release was challenged by her.
Nalini had cited before the Apex court the judgement ordering the release of co-convict A. G. Perarivalan.
The High Court while rejecting their pleas said that High Courts under Article 226 do not have any power to do so, unlike the Supreme Court which enjoys the special power under Article 142.
The Top Court under Article 142 had invoked its extraordinary power and ordered the release of Perarivalan, who had served over 30 years in jail.
Under article 142, the top Court may issue any verdict or order necessary to provide complete justice.

Remove All Business Activities within 500 metres of Taj Mahal

The Supreme Court ordered the immediate stopping of all commercial activities within a 500-metre radius of the iconic Taj Mahal and told the Agra Development Authority to ensure compliance of its directive.
The bench took on record the submissions of senior advocate ADN Rao, who is assisting the court as an amicus curiae that it would be in the interest of the protected monument to issue directions for barring all commercial activities near the Taj Mahal. Rao pointed out that the top court issued a similar order in May 2000 but it is only appropriate to reiterate the direction in view of the long passage of time.
The order came on an application by a group of shop owners, who have been allotted space outside the 500-meter radius. Representing the applicant, advocate MC Dhingra complained of gross violation of the previous court order near the western gate of the monument as illegal business activities thrived. Dhingra urged the bench to issue appropriate orders to stop the activities and make the authorities liable for compliance.

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