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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Sep 12, 2022

Transgender Denied Job by Airlines, Supreme Court Directs Centre to Frame Policy for their Employ...

  • The Supreme Court directed the Central Government to frame a policy, in consultation with the National Council for Transgender Persons, regarding employment avenues for transgender persons under the provisions of the Transgender Persons (Protection of Rights) Act, 2019.
  • The Bench of Justice D.Y. Chandrachud and Justice Hima Kohli further asked the Department of Personnel Training (DoPT), Government of India and the Ministry of Social Justice & Empowerment to consult all stakeholders in formulation of the policy.
  • The top court of the country noted that the 2019 Act marked a watershed in the rights of transgender persons, but the same needed to be implemented in letter and spirit by formulating appropriate policies.
  • The Apex Court passed the order on a petition filed by transgender Shanavi Ponnuswamy, who was allegedly denied the cabin crew position by Air India, due to her sexual orientation.

Sep 11, 2022

Supreme Court Issues Notice to Union Government against Plea Challenging Internet Shutdown to Pre...

  • The Supreme Court issued a notice to the Union Government on plea challenging internet shutdowns for preventing students from cheating in exams.
  • A bench of the Chief Justice of India (CJI) U.U. Lalit, Justice S. Ravindra Bhat and Justice P.S. Narasimha heard the matter.
  • CJI U.U. Lalit directed the Central government to let the court be informed about any standard protocol which exists address the issue.
  • The Government in its order stated that they have issued notice only to the Union of India indicate whether there are standard protocol with respect to grievance raised. The Bench wanted to see what is the protocol is when there is a bank exams or public exams.
  • CJI Lalit also noted that the petitioners from many other High courts including Calcutta High Courts have come up with the same prayers asking why they couldn't seek relief from one of the High Courts itself.

Sep 10, 2022

Madras High Court Upholds National Medical Commission Act on Determination of Fees in Private Med...

  • The Madras High Court upheld the validity of Section 10 of the National Medical Commission Act, 2019, which gave power to the Commission to frame guidelines for the determination of fees in respect of 50 per cent seats in private medical institutions.
  • The Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala further directed the Commission to review the office memorandum, which fixed fees in 50 per cent seats in Private Medical Colleges and Universities at the same rate as that of government seats.
  • The Bench directed the Commission to amend the memorandum in such a way that merit of the students was not affected.
  • The order was passed on a petition filed by Private Medical Colleges, challenging the NMC's recent decision regarding fees in private institutions.

Sep 09, 2022

President Appoints Justice M. Duraiswamy as Acting Chief Justice of Madras High Court

  • The Central Government notified the appointment of Justice M. Duraiswamy as acting Chief Justice of the Madras High Court, with effect from September 13, 2022.
  • Justice Duraiswamy will take charge after the current Chief Justice, Munishwar Nath Bhandari, retires.
  • In January 1987, Justice Duraiswamy received his BL degree from Madras Law College and enrolled as an advocate with the Bar Council of Tamil Nadu and Puducherry.
  • Justice Duraiswamy worked as an advocate in the Madras High Court and was appointed as the Central Government's Standing Counsel from 1997 to 2000.
  • In 2009, he was appointed as an additional judge of the High Court, and in 2011, he was appointed as a permanent judge.

Sep 08, 2022

Women Reservation Bill: Petition Filed in Supreme Court Seeking Reintroduction of Bill

  • Supreme Court received a petition seeking reintroduction of Women's Reservation Bill which will provide 33 percent reservation for the women in the parliament and State legislatures.
  • A bench of Justice Sanjiv Khanna and Justice J.K. Maheshwari said that it is a pertinent matter and has ordered the petitioner to serve a copy of the same to the Central government. The bench also posted the case for further consideration.
  • The Women's reservation bill also known as the One Hundred & Eighth Amendment Bill, 2008 contemplated reservation of 33% seats in the Lok Sabha and all State Legislative Assemblies for women.
  • The petition was filed before the Apex Court by the National Federation of Indian Women (NFIW) through advocate Prashant Bhushan stating that the action by the respondent in not placing the beneficial legislation before the Lok Sabha.

'Paperless' Constitution Bench to Hear Delhi Govt. vs Centre Case

  • It will be a paperless Constitution Bench hearing of the tussle between Delhi Government and the Centre for control over bureaucracy in the national capital.
  • A five-judge Constitution Bench led by Justice D.Y. Chandrachud, which took up the matter, said that it would be a "Green Bench" using no paper files during the hearing. IT staffs of the top court were ready to train senior lawyers to enable them to function in a paperless manner.
  • The Bench – which also included Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha—tentatively agreed to commence hearing from October 11 even as it said it will fix the timeline for hearing on September 27.
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