General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Mar 27, 2023

The Central Government Clears the Appointment of New Chief Justices

The Central Government cleared the names of new Chief Justices.The names were confirmed cleared for the appointment of Chief Justices to Allahabad, Chhattisgarh and Patna High Courts.
The new Chief Justices were Justice Pritinker Diwaker for Allahabad High Court, Justice Ramesh Sinha for Chhattisgarh High Court and Justice Vinod Chandran for Patna High Court.
The appointment of Justice Diwakar as Chief Justice of Allahabad and Justice Ramesh Sinha as Chief Justice of Chhattisgarh High Court was recommended by Supreme Court Collegium in February.
Justice Chandran was initially recommended by the Collegium in December 2022 to be appointed as the Chief Justice of the Gauhati High Court.
The Collegium in February, however, recalled that recommendation and instead recommended that he be made Chief Justice of Patna High Court.

Parole Days cannot be Counted as Part of Sentence Period

The Supreme Court held that the period of parole granted to convicts during the Covid-19 pandemic to prevent overcrowding in prisons and avoid the risk of spread of infection, cannot be counted as part of their actual sentence period and has to be excluded from it.
"All those undertrial prisoners and convicts who were released on emergency parole or interim bail pursuant to the recommendations of the High Powered Committee in compliance with the orders passed by this court have to surrender before the concerned prison authorities within 15 days," a bench of Justices M. R. Shah and C. T. Ravikumar directed while clarifying that they would still be allowed to apply suspension of their sentence before the concerned court.

Mar 25, 2023

Supreme Court States Citizens Cannot Claim Right to Directly Petition Parliament to Discuss Impor...

The Supreme Court has dismissed a public interest litigation (PIL) that was looking forward to a declaration that citizens have a fundamental right to directly petition Parliament and invite deliberation on important issues of public interest.
A Bench of Chief Justice of India (CJI) D. Y. Chandrachud with Justices P. S. Narasimha and J. B. Pardiwala said that a citizen cannot ask for right to stand up in Parliament.
As per the bench, one should go and talk outside Parliament, and that a citizen cannot seek a right to stand up in Parliament.
The Court noted that the relief laid within the domain of Parliament and state legislatures, which does not allow making any decisions in a PIL.

Mar 24, 2023

Gujarat Court Convicts Rahul Gandhi in Defamation Suit over Remarks against PM Modi

A local court in Surat, Gujarat convicted Congress MP Rahul Gandhi in a defamation case for his alleged remarks against Prime Minister Narendra Modi in April 2019.
The Court of Chief Judicial Magistrate H. H. Varma sentenced Gandhi to two years in jail and also imposed a fine of Rs. 15,000 after finding him guilty under Sections 499 (Defamation) and 500 (punishment for Defamation) IPC.
He has also secured bail in the case. The court granted a month's time to the Wayanad MP, so that he could file an appeal against the order.
Gandhi's conviction under Sections 499 and 500 of the Indian Penal Code (IPC), both of which warrant a maximum sentence of two years, may lead to his disqualification from the Parliament, as per a Supreme Court order of 2013.
During a rally at Kolar in Karnataka ahead of the 2019 Lok Sabha elections, Rahul had allegedly said, "Nirav Modi, Lalit Modi, Narendra Modi. How come all the thieves have Modi as the common surname?"
BJP MLA and former Gujarat minister Purnesh Ishvarbhai Modi had filed a defamation suit against Gandhi in Surat, alleging the remark had defamed the entire Modi community. On the basis of his complaint, a case was registered against Gandhi at Adajan Police Station in Surat district.

Mar 23, 2023

SC Collegium Recommends Names of 4 District Judges for Appointment as Madras HC Judges

The Supreme Court collegium recommended to the centre the names of four district judges for appointment as judges of the Madras High Court. The four judges, whose names were recommended for elevation to the High Court by the Supreme Court collegium for the first time, are R. Sakthivel, P. Dhanabal, Chinnasamy Kumparappan and K. Rajasekar.
The collegium also told the centre to notify the names of R. John Sathyan and Ramaswamy Neelakandan, whose names were given in the collegium's previous recommendations in January 2023, for appointment to the High Court.

Mar 22, 2023

Supreme Court Moots Formation of Expert Committee to Study if Death by Hanging is Suitable, Painl...

The Supreme Court of India decided to form of an expert committee to find out if death by hanging is the most suitable and painless method for implementing death penalty.
A bench comprising of Chief Justice of India D. Y. Chandrachud and Justice P. S. Narasimha asked the Attorney General (AG) R. Venkataramani for providing details on whether there is any data or study which was undertaken regarding the impact and pain caused during death by hanging.
The Court was also keen to know about the suggestion of today's science on this method been the best or about any other way which is more suitable to uphold human dignity.

Abolition of Odisha Administrative Tribunal Constitutionally Valid: SC

The Supreme Court held that the abolition of the Odisha Administrative Tribunal was constitutionally valid.
A bench headed by Chief Justice D. Y. Chandrachud rejected the challenge to the decision by the tribunal bar association.
"We hold that abolition of Orissa Administrative Tribunal (OAT) was constitutionally valid. Article 323A (dealing with Administrative tribunals) does not preclude the Union of India to abolish state administrative tribunals. The decision to abolish the tribunal is not violative of Article 14 of the Constitution," the bench also comprising Justice P. S. Narasimha said.

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