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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Sep 14, 2022

Punjab and Haryana High Court: Supreme Court Collegium Recommends Elevation of 9 Judicial Officer...

  • The Supreme Court collegium recommended elevation of nine judicial officers from Punjab and Haryana, including five women officers as judges of the High Court.
  • These include Gurbir Singh, district and sessions judge, Chandigarh; Deepak Gupta, district and sessions judge, Panchkula; Amarjot Bhatti, district and sessions judge, Hoshiarpur; Ritu Tagore, district and sessions judge, (principal judge, family court), Ambala; Manisha Batra, district and sessions judge, Panipat; Harpreet Kaur Jeewan, district and sessions judge, Rupnagar; Sukhwinder Kaur, district and sessions judge (presiding officer, state transport authority, Punjab); Sanjiv Berry, registrar general, Punjab and Haryana High Court and Vikram Aggarwal, district and sessions judge (registrar vigilance, High Court).
  • The development comes three days after the High Court upheld the seniority list of Haryana Superior Judicial Service officers. The dispute over the seniority was pending adjudication since August 2015. The final notification on appointments comes from the Central government.
  • The High Court currently has a strength of 56 judges and if all the recommendations are approved, the number would be 65, highest number of judges the high court ever had.

Sep 13, 2022

Supreme Court Quashes Challenge to Notification Declaring 55 km of Western Ghats as Ecologically ...

  • The Supreme Court disposed of a petition challenging the Draft Notification published by the Union Ministry of Environment, Forest and Climate Change (MoEFCC), demarcating over 55 sq km area as 'Western Ghats Ecologically Sensitive Area'.
  • The Bench of Chief Justice U.U. Lalit and Justice Ravindra Bhat disposed of the plea filed by a Kerala-based NGO, Karshaka Shabdam (Voice of Farmers), alleging that the notification dated October 3, 2018 violated the right to life and livelihood of the farmers guaranteed under Article 21 of the Constitution.

Supreme Court Rejects Demand to Demolish other Noida High-rise Buildings for Flouting Constructio...

  • The Supreme Court rejected the demand to demolish high-rise buildings in Noida, on the lines of Supertech Builders' Twin Towers, which were demolished last month for violating rules related to construction of buildings.
  • The bench ruled, "If the CJI has a complaint against any building, then he can put it before the authorities. No overall order can be issued."
  • The petitioner had contended that a committee should be formed under the leadership of a sitting Supreme Court Judge to investigate the illegally-built towers in Noida.

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.
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