General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - August 2022

Aug 2022

Oct 03, 2022

Supreme Court Gives Ultimatum to Bar Council of India to Dispose of Complaints against Lawyers Wi...

Coming down heavily on the Bar Council of India over pendency of complaints, the Supreme Court directed BCI to either dispose of or transfer all the complaints it received against Advocates before December 31, 2022, so as to maintain the faith of the litigants over the justice delivery system and the profession itself.
The Bench of Justice M.R. Shah and Justice Krishna Murari had passed the order in September, on a contempt petition filed in connection with its verdict of December 17, 2021, in which the Apex Court, while taking into consideration Sections 35 and 36B of the Advocates Act, had directed BCI to issue appropriate directions to the concerned state Bar Councils to decide and dispose off the complaints within a period of one year from their date of receipt.
Flaying Senior Advocate and BCI Chairman Manan Mishra for cases pending for more than four years with the Council, the Bench told him to "do whatever," but maintain the discipline and purity of the profession.

Oct 02, 2022

Supreme Court Rejects Petition against Design of National Emblem Installed Atop Central Vista

The Supreme Court rejected a petition filed against installing the State Emblem atop the Central Vista building, claiming that its design was in violation of the State Emblem of India (Prohibition Against Improper Use) Act, 2005.
The Bench of Justice M.R. Shah and Justice Krishna Murari said that they have seen the emblem and found it not violative of the law.
The Court remarked that the impression the emblem gives depends on the mind of the person. It was a matter of perception, not violation.
The petition was filed by Advocates Aldanish Rein and Ramesh Kumar Mishra, who believed that the lions portrayed in the emblem inaugurated by Prime Minister Narendra Modi appear ferocious and aggressive with open mouth and visible canines, in contrast with the State Emblem preserved in the Sarnath Museum, where the lions seem to be calm and composed.

Oct 01, 2022

SC Collegium Recommends Elevation of 3 Judges as Chief Justices

The Supreme Court Collegium recommended the elevation of three High Court judges as Chief Justices and transferred two Chief Justices and three judges.
Justice S. Muralidhar, the Chief Justice of Orissa High Court, was shifted to the Madras High Court. Jammu & Kashmir and Ladakh High Court Chief Justice Pankaj Mithal was transferred to Rajasthan High Court.
The Collegium, comprising Chief Justice of India U.U. Lalit and justices Dhananjaya Y. Chandrachud and Sanjay Kishan Kaul, recommended the elevation of Jaswant Singh as the Orissa High Court Chief Justice and Ali Mohammad Magrey as that of Jammu & Kashmir and Ladakh High Court.
The Collegium also recommended the elevation of Prasanna B. Varale, a Bombay High Court judge, as the Karnataka High Court Chief Justice.

Sep 30, 2022

All Women Entitled to Safe, Legal Abortion, Says Supreme Court

The Supreme Court extended the right to safe and legal abortion to all women, irrespective of their marital status, up to 24 weeks of pregnancy under the Medical Termination of Pregnancy (MTP) Act.
The milestone judgment also for the first time recognised marital rape, strictly under the purview of the MTP Act. It said that marital rape has to be classified within the meaning of "rape" in order to save women from forceful pregnancy.
Delivering its judgment, the bench of Justices D. Y. Chandrachud, A. S. Bopanna and J. B. Pardiwala said that the right to reproductive choice for women is a facet of the right to personal liberty under Article 21 of the Constitution. This means that the right of safe reproductive healthcare is applicable to all women.

Sep 28, 2022

SC Collegium Proposes Bombay HC Chief Justice's Elevation to Top Court

The Supreme Court Collegium recommended the elevation of Bombay High Court Chief Justice Dipankar Dutta as judge of the apex court.
At present, the apex court is functioning with 29 judges as against the sanctioned strength of 34 judges. Justice Datta was appointed as the Chief Justice of the Bombay High Court in April 2020.
Justice Dutta practised primarily in the apex court and High Court in constitutional and civil matters before being elevated as a permanent judge of the Calcutta High Court in June 2006.

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