General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - August 2022

Aug 2022

Nov 26, 2022

Apex Court Puts Stay on the Order by Calcutta High Court to Investigate Mastermind in Illegal App...

The Apex Court put stay in an order which was passed by the High Court of Calcutta directing the CBI to investigate as to who was the mastermind behind the application filed by the West Bengal School Service Commission for saving services from illegally appointed candidates.
A bench by Chief Justice of India D.Y. Chandrachud stayed the order by the High Court, which had also directed the personal appearance of the Principal Secretary of West Bengal Education Department Manish Jain.
Dr. Abhishek Manu Singhvi, who appeared for the State, said that although the petition is not listed for the day but he wanted urgent intervention as the Secretary of the Education Department had summoned by the High Court for examination.

Supreme Court Collegium for Transfer of 7 HC Judges

The Supreme Court Collegium recommended the transfer of the seven judges from four High Courts.
Those recommended to be transferred were Justice V.M. Velumani (from Madras High Court to Calcutta High Court); Justice Battu Devanand (from Andhra Pradesh High Court to Madras High Court); Justice D. Ramesh (from Andhra Pradesh to Allahabad High Court); Justice Lalitha Kanneganti (from Telangana High Court to Karnataka High Court); Justice D. Nagarjun (from Telangana HC to Madras HC), Justice T. Raja (from Madras HC to Rajasthan HC); and Justice A. Abhishek Reddy (from Telangana HC to Patna HC).
The name of Justice Nikhil S Kariel of the Gujarat High Court, who was earlier reported to have been recommended for transfer, didn't figure in the list. The Gujarat High Court Advocates' Association had protested against his proposed transfer.

Nov 25, 2022

Will Form New Constitution Bench: CJI Assures Petitioners Challenging Constitutional Validity of ...

The Supreme Court decided to constitute a new Constitution Bench for hearing a bunch of petitions challenging the constitutional validity of polygamy and Nikah Halala, permitted under the Muslim personal law.
Earlier, a five-Judge Bench of Justice Indira Banerjee, Justice Hemant Gupta, Justice Surya Kant, Justice M.M. Sundresh and Justice Sudhanshu Dhulia had issued notice on these eight petitions.
Notices were issued to the National Human Rights Commission, National Commission for Women and the National Commission for Minorities.
The matter was mentioned before a Bench comprising Chief Justice of India D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala by petitioner-in-person and Advocate Ashwini Kumar Upadhyay, praying that since Justice Indira Banerjee and Justice Hemant Gupta have retired, a new Constitution Bench be formed for hearing of the petitions.
The CJI assured the petitioners that it will form a new bench for the same.

Nov 24, 2022

Supreme Court to Have Specialised Benches for Land Acquisition Matters, Motor Accident Claims, Ol...

Starting next week, the Supreme Court will have specialised benches to hear cases related to land acquisition, direct and indirect tax, motor accident claims, tribunal matters and old criminal appeals, Chief Justice of India D.Y. Chandrachud said.
A flurry of specialised benches would speed up the wheels of justice in the Supreme Court. The Chief Justice of India (CJI) Dhananjaya Y. Chandrachud announced four exclusive benches to decide cases arising out of distinct branches of law.

Nov 21, 2022

Symbols Not Exclusive Property of Political Parties, can be Taken Back after Loss in Elections

The Delhi High Court ruled that a political party does not have any exclusive right over the symbol allotted to it by the Election Commission and that the same can be taken back, if the party does not perform well during the elections.
The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, while dismissing the appeal of Samata Party, observed that election symbol was a mere token, which was allotted to a particular party to help the millions of illiterate voters exercise their franchise in favour of the candidate of their choice belonging to that party.
Quoting the Election Symbols (Reservation And Allotment) Order, 1968, the High Court noted that the right to use the symbol can be lost with the dismal performance of the party.

Nov 20, 2022

Supreme Court Agrees to Consider Listing Plea against Collegium System of Appointing Judges

The Chief Justice of India, Justice D.Y. Chandrachud agreed to list a plea challenging the present collegium system for appointment of judges of the Supreme Court and the High Courts. The petition, in essence, seeks a new mechanism for judges' appointment.
The matter was mentioned by Advocate Mathews J. Nedumpara before a Bench comprising CJI, Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala.
Advocate Mathews J. Nedumpara, who mentioned the matter, referred to the 2015 verdict of the apex court which had struck down the National Judicial Appointments Commission (NJAC) Act and the Constitution (99th Amendment) Act, 2014, leading to the revival of the collegium system of existing judges appointing judges to constitutional courts.
The bench assured the counsel it will consider the request in due course after perusing the petition. The plea has said the collegium system of appointment of judges has resulted in denial of equal opportunity to thousands of lawyers who are eligible, meritorious and deserved to the considered.

Centre Files Review Petition against Rajiv Gandhi Convicts' Release

The Centre filed a review petition in the Supreme Court against the November 11 order allowing the release of all convicts in the Rajiv Gandhi assassination case. The Centre said that since the case is related to the assassination of the former Prime Minister of India, the court should have heard the Union of India before passing an order to release the convicts. "Petitions/applications related to the case were filed in the court without making the Union of India a party", the petition stated.
The court had on May 18 released AG Perarivalan, one of the convicts in the Rajiv Gandhi assassination case and then, on November 11, released the remaining six convicts serving life terms for the assassination in 1991 of former prime minister. The six convicts are Nalini Sriharan, Santhan alias Raviraj, Murugan, Robert Payas, Jayakumar, and Ravichandran alias Ravi.

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