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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Aug 04, 2022

Chief Justice Ramana Requested by Law Minister to Nominate Successor

  • Chief Justice of India N.V. Ramana, who is set to demit office on August 26 on superannuation, received a communication from the Law and Justice Minister to nominate his successor.
  • Justice U.U. Lalit, who is the senior most judge in the Supreme Court, is in line to become the next Chief Justice of India. Appointed to the apex top court directly from the Bar, he would be having a short tenure of less than three months, as the Chief Justice of India as he is set to retire on November 8.
  • According to the Memorandum of Procedure, the Law Minister seeks recommendation from the outgoing CJI to nominate his successor. Usually, the recommendation is sought within a month of the retirement of incumbent Chief Justice of India.

Aug 03, 2022

'No Need to Resign from Job to Enrol as Lawyers,' Bar Council of India Tells SC

  • Law graduates employed in other professions need not resign from their respective jobs to get enrolled as lawyers, the Bar Council of India (BCI) informed the Supreme Court, adding that such people will be provided a six-month window to quit their jobs after clearing the enrolment examination.
  • The decision was taken by the BCI's general council, and conveyed to the court through an affidavit, in a matter where the top court is considering a slew of reforms in the enrolment process.
  • The apex court was hearing an appeal filed by BCI against a November 2020 decision by the Gujarat High Court that allowed a single mother to take the All India Bar Examination (AIBE) while continuing her job.

Aug 02, 2022

Supreme Court Appoints Justice R. V. Raveendran as Mediator to Settle Dispute Involving Lalit Mod...

  • The former apex court judge Justice R. V. Raveendran was appointed by the Supreme Court as the mediator to settle the family property dispute involving businessman and former IPL head Lalit Modi and his mother Bina Modi.
  • The top Court observed that counsel appearing for both sides had agree to follow any pre-condition and with an open mind to settle the dispute in mediation.
  • A bench headed by the CJI Ramana believe that the issue can be resolved by way of mediation.

Aug 01, 2022

Allahabad High Court Directs Compensation for Victims of Covid Deaths

  • The Allahabad High Court said that if a person admitted to hospital due to Covid-19 dies during treatment, it should be considered a Covid death, even if the immediate cause is heart failure or dysfunction of any other organ.
  • This would ensure relief for many people who were denied compensation due to technical reasons.
  • The dependents of any such deceased person would be entitled for the compensation or ex-gratia payment as already fixed by the government, the Court added.
  • Allowing writ petitions filed by Kusum Lata Yadav and several others, a division bench comprising Justice Attau Rahman Masoodi and Justice Vikram D Chauhan directed the state authorities to release the ex-gratia payment to the dependents of Covid victims within a period of one month.

Jul 30, 2022

Mother has Right to Decide Child's Surname after Father's Death

  • The Supreme Court ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family.
  • The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her new husband in records as 'stepfather.'
  • The court said that such a direction is almost cruel and mindless of how it would impact the mental health and self-esteem of the child.
  • "Name is important as a child derives his identity from it and a difference in name from his family would act as a constant reminder of the fact of adoption and expose the child to unnecessary questions, hindering a smooth, natural relationship between him and his parents.
  • The lawsuit revolves around a dispute over the child's surname between the child's deceased biological father's grandparents and the mother, who remarried after losing her first husband.
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