General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

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.

Sep 18, 2022

Supreme Court Rejects Plea Seeking Common Dress Code for All Teachers and Students in India

The Supreme Court refused to entertain a petition, which sought common dress code for teachers and students in all registered and recognised educational institutions across the country.
The Bench of Justice Hemant Gupta Justice and Justice Sudhanshu Dhulia told petitioner Nikhil Upadhyay to withdraw the petition, stating that it was not in the realm of the court to decide on such matters.
Advocate Gaurav Bhatia who appeared for Upadhyay contended that since it was a Constitutional issue, the top court of the country could pass an order. He added that under the Right to Education (RTE) Act, there has to be uniformity and discipline.
As per the petitioner, a Common Dress Code would secure equality of status and social equality as well as promote fraternity, dignity and national integration.

Sep 17, 2022

Centre Should Respond to Split Verdict on Marital Rape: Supreme Court

The Supreme Court asked the Central government to respond to an appeal against the split verdict of the Delhi High Court on the validity of Exception 2 to Section 375 of Indian Penal Code.
A bench of Justice Ajay Rastogi and Justice B.V. Nagarathna issued notice in the plea challenging the Exception 2 to Section 375, which says that rape charges cannot be attracted against a man who has non-consensual sex with his wife.
This exception has already been challenged before the High Court, as well as the Division Bench comprising Justice Rajiv Shakdher and Justice C. Hari Shankar, who gave a split verdict in the case.

Sep 15, 2022

Supreme Court Collegium Decides Elevation of 3 Additional Judges as Permanent in Karnataka High C...

The Supreme Court Collegium gave recommendation for the elevation of three additional judges as permanent judges of the Karnataka High Court.
The decision was taken at a collegium meeting.
The three additional judges recommended are: Justice Mohammed Ghouse Shukure Kamal, Justice Rajendra Badamikar and Justice Khazi Jayabunnisa Mohiuddin.
As on September 1, 2022, the Karnataka High Court was functioning with 48 judges. The sanctioned strength of the High Court is 62.

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