General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jul 07, 2022

SC Refuses to Interfere with HC Order on Holding Goa Panchayat Polls

The Supreme Court refused to interfere with a Bombay High Court order quashing the state government decision to defer panchayat elections in Goa.
A bench of Justices Dinesh Maheshwari and Krishna Murari did not accept the state's contention that the polls were postponed taking the monsoon into consideration.
Senior Advocate Neeraj Kishan Kaul, appearing for the state, said that the monsoon rainfall may lead to flash floods and no one would give machinery while the poll process is on. The court, however, did not accept this.
"This is the fourth instance in the last two decades when the state government and the SEC (State Election Commission) have avoided or failed to comply with the constitutional mandate in Article 243E. The delay and consequent defiance of the constitutional mandate have become a regular feature," the court said.

Jul 06, 2022

Government Yet to Clear 23 HC Judges, Says CJI N.V. Ramana

Chief Justice of India N.V. Ramana said that 23 recommendations for the appointment of High Court (HC) judges were pending with the Central government even as 381 of the total 1,108 sanctioned posts of judges in 25 HC remained vacant.
The Central government is yet to transmit another 120 names received from various HCs to the Supreme Court collegium.
The CJI was speaking at the inaugural session of a conference on 'Arbitrating Indo-UK Commercial Disputes' organised by the Federation of Indian Chambers of Commerce & Industry (FICCI) and the Indian Council of Arbitration in London.

Jul 05, 2022

Madras HC Disposes of Petition Seeking Quota for Third Gender in Govt. Jobs

The Madras High Court disposed of a petition seeking a direction to the respondents to consider the representation of the petitioner seeking reservation for the third gender in government jobs.
The petition filed by P. Sudha prayed in reference to Transgender Persons (Protection of Rights) Act, 2019.
Advocate General R. Shunmugasundaram submitted that pursuant to the judgment of the Supreme Court in "National Legal Services Authority (vs) Union of India and Others" reported in (2014) 5 SCC 438, where a direction was given in Para No.135.3 to the Central and State Governments to take steps to treat the transgenders as socially and educationally backward classes of citizens.
In view of the above, it became clear to the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala that the transgenders have already been brought under the category of Most Backward Classes and they are getting reservation.
Hence, the Court found the petition to be unnecessary, as the necessary Government Order has already been issued to treat the transgenders under the category of Most Backward Class to enable them to avail the benefit of reservation in Government employment.

Jul 04, 2022

Letter to CJI Seeks Withdrawal of Adverse Remarks against Nupur Sharma

A letter petition was filed before Chief Justice N. V. Ramana seeking withdrawal of adverse remarks made by a Supreme Court bench against suspended BJP leader Nupur Sharma while declining her plea seeking clubbing of the FIRs against her at various places over alleged controversial remarks made on the Prophet.
A vacation bench comprising Justices Surya Kant and J. B. Pardiwala came down heavily on Sharma for her comments against the Prophet, saying her "loose tongue" has "set the entire country on fire" and that she is "single-handedly responsible for what is happening in the country".

Judiciary Answerable to 'Constitution and Constitution Alone': CJI Ramana

"In India, a party in power believes that every governmental action is entitled to judicial endorsement and the Opposition parties expect the judiciary to advance their political positions and causes, but the "judiciary is answerable to the Constitution and Constitution alone," Chief Justice of India N.V. Ramana said.
He also expressed disappointment that even after 75 years of Independence people have not understood the roles and responsibilities assigned by the Constitution to each Institution.
CJI Ramana said that to enforce checks and balances envisioned in the Constitution, "we need to promote Constitutional culture in India. We need to spread awareness about the roles and responsibilities of individuals and institutions. Democracy is all about participation".

Udaipur Court Transfers Kanhaiya Lal Murder Case to NIA

A district court in Udaipur transferred the murder case of tailor Kanhaiya Lal to the National Investigation Agency (NIA) as the latter had applied for it earlier.
Following the transfer, the NIA would get custody of the killers, Ghaus Mohammad and Riyaz Jabbar, and start their interrogation.
Meanwhile, the accused have been shifted from Udaipur to Ajmer's high-security jail.
An NIA team reached Kanpur to investigate the murder and raided many places.
The action was taken to investigate the Kanpur connection which was revealed in the documents recovered from the killers.
Meanwhile, the ATS and SOG till date have arrested four accused in the Udaipur murder case.

Jul 02, 2022

Kerala High Court Dismisses Plea Seeking SC Bench in Every HC

The Kerala High Court dismissed a petition seeking the establishment of a two-judge bench of the Supreme Court in all the High Courts to hear only the cases of the poor and the destitute.
A division bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly considered public interest litigation filed by Abdul Jaleel of Iringalloor in Kozhikode as a party-in-person.
Dismissing the PIL, the Court said that Though the petitioner alleged that some of the judges were hand in glove with the criminals & obtained post retirement postings, which allegations are very serious, having regard to the reliefs sought for, we are not inclined to advert to the same & no direction in the nature of manadamus as prayed for, can be granted.

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