General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Aug 11, 2022

Allahabad HC Sets Aside Order Passed by Special Judge over Illegal Sanction

The Allahabad High Court set aside the order passed by the Special Judge, CBI at Lucknow and ruled that executive authority exercising quasi judicial power can't review its decision unless provided under the statute.
A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing an application under Section 482 CrPC filed by Sunil Agarwal and others.

Aug 08, 2022

Criminalisation of Politics: SC Dismisses Plea Seeking Contempt Proceedings against Heads of Parties

The Supreme Court dismissed a plea seeking initiation of contempt proceedings against heads of political parties for not following its directions to prevent criminalisation of politics in the Uttar Pradesh Assembly polls held earlier this year (2022).
A bench of Justices B. R. Gavai and P. S. Narasimha said the Election Commission is the competent authority in the matter.
The top court was hearing a plea filed by an advocate Brajesh Singh seeking initiation of contempt proceedings against several party leaders including Sonia Gandhi, Arvind Kejriwal and Akhilesh Yadav. The plea claimed that these parties did not comply with the apex court's August 2021 judgment to declare criminal antecedents of its Uttar Pradesh assembly poll candidates.

Aug 07, 2022

Andhra Pradesh High Court: PIL Jurisdiction is Invoked to Protect Interest of Oppressed Class of ...

The Andhra Pradesh High Court observed that Public Interest Litigation (PIL) jurisdiction is invoked to protect the interest of oppressed class of citizenry and not for deciding pure legal issues, which should be left to be decided in an appropriate inter-party lis (suit).
The Division Bench of Chief Justice Prashant Kumar Mishra and Justice D.V.S.S. Somayajulu dismissed a PIL filed by President of Muslim Hakkula Porata Samithi, seeking declaration that the AP State Waqf Board, in collecting Waqf Fund on donations, nazaranas or presentations given by Muslim devotees to Masjids or Dargas or Anzuman Institutions belonging to the Waqf Board in the State, as illegal, void.
Through the PIL the Petitioner further seeks direction that AP State Waqf Board not to collect such Waqf Fund on donations, nazaranas or presentationsgiven by Muslim devotees to Masjids or Dargas or Anjuman Institutions belonging tothe Waqf Board.

Aug 06, 2022

SEBI Cannot Circumvent Rule of Law: Supreme Court

The Supreme Court flayed the Securities and Exchange Board of India (SEBI), stating that the market regulator cannot circumvent the rule of law.
A Bench comprising Chief Justice of India N.V. Ramana, Justice J.K. Maheshwari and Justice Hima Kohli expressed the views, while permitting Reliance Industries Limited (RIL), access to certain documents that were relied upon by SEBI in connection with acquisition of own shares by the company.
Stating that SEBI has a duty to act in a fair manner, the Apex Court directed the market regulator to furnish the documents sought by RIL.
RIL had filed a petition in the Apex Court, challenging the Bombay High Court order, which rejected its plea to access certain documents that sought to prove its innocence on allegations levelled by SEBI.

Aug 05, 2022

Supreme Court Remarks On Freebie Culture

The Supreme Court (SC) said that the Centre should take the opinion of stakeholders like the NITI Aayog, Finance Commission, Reserve Bank of India, Law Commission of India, and the Election Commission to come up with "constructive suggestions" to address the issue of irrational freebies.
The government, on the other hand, told the court that the distribution of freebies inevitably leads to future economic disaster. It was in response to a petition against the so-called 'freebies' culture in the country, particularly during elections.
The plea sought directions to the Election Commission to not permit political parties to promise or distribute irrational freebies from the public fund before elections, and to deregister political parties which do so.

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