General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

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.

Jul 29, 2022

Justice Khanwilkar Retires

Justice Ajay Manikrao Khanwilkar retired on July 29th, 2022 bringing his 6-year tenure to a close. His legal career began as an advocate specialising in Civil, Criminal and Constitutional matters at the Bombay High Court. He served the State of Maharashtra as a Standing Counsel, and then as an Additional Government Advocate before being appointed as the Standing Counsel for the Election Commission of India.
Justice Khanwilkar assisted the Supreme Court on multiple occasions even before his elevation to the Bench, such as in the M.C Mehta case—where he was appointed as Amicus Curiae—over the release effluents into the Ganga river, as well as in a 1995 task force formed to examine the Prevention of Food Adulteration Act, 1954.
Justice Khanwilkar was elevated to the Bombay High Court in the year 2000 from the Bar. Additionally, he has served on the Bench in the Himachal Pradesh and Madhya Pradesh High Courts before his elevation to the Supreme Court on May 13th, 2016. He is the 4th SC Judge to retire in 2022.

Jul 28, 2022

SC Upholds Validity of PMLA, Says Not Mandatory for ED to Disclose Grounds of Arrest

Underlining that "the principle of innocence of the accused/offender is regarded as a human right" but "that presumption can be interdicted by a law made by the Parliament/Legislature", the Supreme Court upheld the constitutional validity of the Prevention of Money Laundering Act, 2002, as amended from time to time including those dealing with the powers of the Enforcement Directorate (ED) regarding arrest, search, attachment and seizure in money laundering offences.
The Centre had told the Court that "it cannot be said that presumption of innocence is a constitutional guarantee".
The Court also said an Enforcement Case Information Report (ECIR) cannot be equated with an FIR, that supplying an ECIR in every case to the person concerned is not mandatory and "it is enough if ED, at the time of arrest, discloses the grounds of such arrest".

SC Orders Pay Hike for Judicial Officers

Judicial officers across India are in for a salary hike as the Supreme Court ordered implementation of the recommendations of the Second National Judicial Pay Commission with effect from January 1, 2016.
A three-judge Bench led by Chief Justice of India N.V. Ramana directed the Centre and states to pay the arrears of the enhanced salary to the judicial officers in three installments — first two installments of 25% each after three months and six months and the rest by the end of June next year.
The Amicus Curiae told the Bench that according to the Second National Judicial Pay Commission's recommendations, judicial officers were entitled to a pay revision. He said states' refusal to pay the revised salary to subordinate court judges on account of paucity of funds was "unjust".
The top court had set up the Second National Judicial Pay Commission led by Justice (Retd) PV Reddy in 2017 for reviewing the pay scale and other conditions of service of subordinate court judges across India.

Jul 26, 2022

SC Recommends 35 Names to Centre for Appointment as Judges in 6 HCs

In a significant step to fill vacancies in the higher judiciary, the Supreme Court Collegium headed by Chief Justice N. V. Ramana approved and recommended to the Centre the proposal for the elevation of 20 advocates and 15 judicial officers as judges in six High Courts.

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