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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Sep 23, 2022

Supreme Court Concludes Hearing in Hijab Case, Reserves Judgment

  • The Supreme Court reserved its verdict on a batch of petitions challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state.
  • On March 15, the High Court had dismissed petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi seeking permission to wear hijab inside the classroom, saying it is not a part of the essential religious practice in Islamic faith.
  • The state government had, by its order of February 5, 2022, banned wearing clothes that disturb equality, integrity, and public order in schools and colleges.
  • Several pleas were been filed in the apex court challenging the high court verdict.
  • A bench of Justices Hemant Gupta and Sudhanshu Dhulia reserved its verdict in the matter.

Sep 22, 2022

Supreme Court Appoints Former Judge L. Nageswara Rao for Conducting Elections to Indian Olympic A...

  • The Supreme Court of India appointed the former Supreme Court Judge L. Nageswara Rao to prepare the electoral roll and conduct elections to Indian Olympic Association (IOA).
  • The Apex Court has also said that as per the agreement between IOA and International Olympic Committee, Rajeev Mehta will remain as the secretary General of IOA.
  • Earlier this week, a bench of Justices DY Chandrachud and Justice Hima Kohli after taking the suggestions from the Solicitor General Tushar (SG) Mehta had asked the Secretary of the Union Sports Ministry to communicate with the International Olympic Committee about the appointment of a neutral person to take care of day to day affairs of committee.
  • The Solicitor General had also suggested that a retired Supreme Court Judge should oversee the process of finalization of the new IOA constitution, its electoral rolls and its pending polls.

Sep 21, 2022

Chhattisgarh HC Sets aside State Govt's Decision to Raise Quota to 58 pc

  • The Chhattisgarh High Court set aside the state government's 2012 decision to raise the quota to 58 per cent in government jobs and admissions in educational institutions and held the reservation exceeding the 50 per cent ceiling is unconstitutional.
  • The division bench of Chief Justice Arup Kumar Goswami and Justice P. P. Sahu delivered the verdict on petitions challenging the state government's decision to amend the reservation rules in 2012 when the BJP was in power.

Supreme Court Decides to Live Stream the Constitution Bench Cases from 27th September

  • The Supreme Court of India has decided to start the live streaming of the cases before the Constitutional bench from 27th September 2022.
  • This decision was taken during the full court meeting convened by UU Lalit, the Chief Justice of India.
  • The decision was taken unanimously and the hearings will initially be telecast live on YouTube.
  • The Apex Court has decided that very soon they will develop their own platform to host the live telecast of proceedings.

Sep 20, 2022

Supreme Court Upholds Constitutional Validity of Haryana Sikh Gurudwara (Management) Act

  • The Supreme Court dismissed the petitions, which challenged the constitutional validity of the Haryana Sikh Gurudwara (Management) Act, 2014.
  • The order was passed by the Bench of Justice Hemant Gupta and Justice Vikram Nath, which said that the validity of the Act was upheld.
  • In 2014, a writ petition was filed in the Apex Court by one Harbhajan Singh, a member of the Shiromani Gurudwara Prabhandak Committee (SGPC).
  • The SGPC had also filed a WP in 2019, challenging the same Act.
  • As per the petition, the State Legislature of Haryana lacked the power to create a body for Gurudwara management, since such power was reserved with the Parliament.

Sep 19, 2022

Capital Punishment: Supreme Court Refers Matter to 5-Judge Bench

  • The Supreme Court referred the issue related to hearing the accused before imposing death penalty on him to a five-Judge Constitution Bench, stating that having clarity on granting real and meaningful opportunity of hearing to accused in such cases was important.
  • The bench of Chief Justice U.U. lalit, Justice S. Ravindra Bhat and Justice Sudhanshu Dhulia, while giving the example of Bacchan Singh case, noted that the Court had mandated separate hearing of the accused before imposing death penalty in the case, as per the recommendations of the 48th Law Commission of India.
  • Stating that there were conflicting judgements on the issue, the Apex Court noted that in all cases where the death penalty was a choice, it was necessary to place mitigating circumstances on record.
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