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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jul 25, 2022

Media Running Kangaroo Courts

  • Accusing the media of running "kangaroo courts", Chief Justice of India N.V. Ramana urged them, particularly the electronic and social media, to behave responsibly, saying "media trials cannot be a guiding factor in deciding cases".
  • Delivering the inaugural Justice SB Sinha Memorial Lecture in Ranchi on 'Life of a Judge', the CJI said, "Of late, we see the media running kangaroo courts, at times on issues even experienced judges find difficult to decide. 
  • The CJI's comments came close on the heels of widespread criticism of scathing comments made by a Bench of Justice Surya Kant and Justice JB Pardiwala on suspended BJP spokesperson Nupur Sharma for her alleged remarks on Prophet Mohammed.

Jul 24, 2022

Supreme Court's Direction to Centre on Security Cover for Mukesh Ambani, Family

  • The Supreme Court allowed the Centre to continue with the security cover for industrialist Mukesh Ambani and his family members in Mumbai. The order by the Supreme Court bench, headed by Chief Justice of India N.V. Ramana, came in response to the Centre's appeal challenging the Tripura High Court's direction on a PIL.
  • In June a vacation bench had stayed the orders of the Tripura High Court on a PIL challenging the grant of security cover to the industrialist and his family members in Mumbai.

No Provision in Law to Accommodate Ukraine-returned Medical Students for Practical Training

  • Two months after the West Bengal government allocated seats for practical training to 412 medical students who had returned from Ukraine to the state, the Union Minister of State for Health and Family Welfare Dr. Bharti Pravin Pawar told the Lok Sabha that there were no provisions in the Acts governing medical education to allow such transfers. Therefore, no permission has been given by the NMC to transfer or accommodate any foreign medical students in any Indian medical institute or university.

Jul 23, 2022

Landmark Judgement: Supreme Court Right to Abortion for Unmarried Women

  • In a significant decision, the Supreme Court allowed the examination of a 24-week pregnant unmarried woman by an AIIMS medical board to determine whether the pregnancy can be safely terminated without endangering her life. A bench headed by Justice D.Y. Chandrachud said letting an unmarried woman suffer an unwanted pregnancy will be contrary to the object and spirit of the Medical Termination of Pregnancy (MTP) Act. The top court noted that after the 2021 amendment, the Medical Termination of Pregnancy Act uses the word "partner" instead of "husband" in the explanation of Section 3. It added that it shows legislative intent to cover unmarried women under the Act.
  • The top court asked the director of AIIMS to constitute a medical board in terms of provisions of the MTP Act and in the event the board concludes that the foetus can be aborted without any danger to the life of the petitioner, then AIIMS should carry out the abortion. The woman challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which allows only some categories of women to seek termination of pregnancy between 20 and 24 weeks.

No Proposal to Increase Retirement Age of SC, HC Judges

  • There is no proposal to increase the retirement age of Supreme Court and High Court judges, the government informed Rajya Sabha.
  • While Supreme Court judges retire at the age of 65 years, judges of the 25 High Courts retire at 62 years.
  • The Constitution (114th Amendment) Bill was introduced in 2010 to increase the retirement age of High Court judges to 65 years. However, it was not taken up for consideration in Parliament and lapsed with the dissolution of the 15th Lok Sabha.
  • Chief Justice of India N. V. Ramana will retire on August 26.
  • Justice Uday Umesh Lalit is the senior-most judge in the top court after Justice Ramana and is next in line to be the Chief Justice of India.

Jul 22, 2022

Cabinet Approves Signing of MoU on Judicial Cooperation between India, Maldives

  • The Union Cabinet approved the signing of a memorandum of understanding (MoU) in the field of judicial cooperation, between India and Judicial Service Commission of Maldives.
  • The MoU would provide a platform to tap benefits of Information Technology for court digitisation, and can be a potential growth area for the IT companies and start-ups in both the countries.
  • This is the eighth MoU signed by India with other countries in the field of judicial cooperation.
  • With the signing of this agreement on cooperation in the field of law and justice, the good relations between the two countries would receive further impetus.

Jul 21, 2022

Collegium's Nod to Elevation of 21 Judicial Officers

  • The Supreme Court Collegium headed by Chief Justice N.V. Ramana approved the proposal for the elevation of 21 Judicial Officers as Judges in the different High Courts. The Collegium approved the proposal for the elevation of seven Judicial Officers as Judges in the Andhra Pradesh High Court. The Collegium also approved the proposal for the elevation of nine Judicial Officers as Judges in the Allahabad High Court.
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