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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jul 18, 2022

Supreme Court Issues Notice on Plea Challenging Provisions Allowing Electoral Candidates to Conte...

  • The Supreme Court issued notice on a petition challenging the provisions allowing electoral candidates to contest from two Legislative or Parliamentary seats.
  • A Bench comprising Justice Sanjay Kaul and Justice M.M. Sundresh passed the order on a petition that further sought directions to implement the proposal made by the Election Commission of India that such candidates should bear the cost of bypolls themselves.

Jul 17, 2022

Justice Lalit, Next in Line to Become CJI, Says Courts Should Assemble at 9 am

  • If children can go to school at seven in the morning, why cannot judges and lawyers start their day at 9 am, Supreme Court Justice U.U. Lalit remarked. A bench of Justices Lalit, S Ravindra Bhat and Sudhanshu Dhulia started Friday's work at 9.30 am, an hour earlier than the usual working hour of the apex court.
  • The remark came after senior advocate Mukul Rohatgi, appearing in one of the bail matters, lauded the bench at the end of the hearing of the case for sitting earlier than the usual time.
  • Justice Lalit is next in line to become the Chief Justice of India.
  • Chief Justice of India NV Ramana is set to retire on August 26 and Justice Lalit will take over charge from him and remain in office till November 8, 2022.

Jul 15, 2022

Supreme Court Says Patna HC Exceeded Bail Jurisdiction by Directing Sahara Chief Subrata Roy to R...

  • The Supreme Court took strong exception to interim orders passed by the Patna High Court in the anticipatory bail application filed by the Patna High Court in the anticipatory bail application filed by one Promod Kumar Saini wherein Sahara India Group Head, Subrata Roy, being a third party was summoned and asked for a plan to return investments.
  • A Bench comprising Justices A.M. Khanwilkar and J.B. Pardiwala was perturbed that the High Court in an anticipatory bail application under Section 438 Cr.P.C. had exceeded its jurisdiction and passed orders, inter alia, directing the Sahara Group to come up with a plan for return of the investment of the investors before the next date of hearing, and also sought Roy's presence before the Court for the said purpose.
  • The Bench clarified that it is not expressing the opinion that the High Court cannot pass such orders in exercise of power under other/relevant provisions of the law, but the same, definitely, cannot be done while exercising power under Section 438 Cr.P. C. in an application for anticipatory bail.

Jul 14, 2022

All Demolitions Carried Out Legally: UP Govt. to Supreme Court

  • The Uttar Pradesh government apprised the Supreme Court that the demolition carried out on private properties in the state was done strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1972.
  • The state government had filed an affidavit in the Apex Court, in reply to a petition filed by the Jamiat Ulama-i-Hind, alleging that the Kanpur Development Authority and the Prayagraj Development Authority had carried out illegal demolition in the state, in the wake of violent protests over remarks on Prophet Mohammed.

Jul 13, 2022

Centre vs Delhi: Supreme Court Agrees to Hear Plea on Control of Services

  • The Supreme Court (SC) acceded to an early hearing plea of the Arvind Kejriwal-led AAP government on the scope and ambit of legislative and executive powers of the Centre and the government of the National Capital Territory (NCT) of Delhi with regard to control on bureaucracy in the capital.
  • A three-judge Bench led by Chief Justice of India NV Ramana agreed to constitute a five-judge Constitution Bench for an authoritative pronouncement on the contentious issue after senior advocate AM Singhvi, representing the Delhi Government, mentioned it for urgent hearing.
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