General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Dec 13, 2022

Bar Council of India Suspends License of 29 Lawyers from Odisha

The Bar Council of India suspended licences of 29 lawyers from Odisha for a period of 18 months as they used un-parliamentary words to address judges, pushing and pulling the police officials and obstructing the court proceedings.
An interim order was also passed by the bar body for suspending practising licence of practice of all the members of Sambalpur District Bar Association (SDBA) until further orders.
The 29 lawyers who have been suspended for 18 months are Sureswar Mishra, Shib Diwan, Pramod Saraf, Satyanaryan Purohit, Srikant Panigrahi, Himansu Panigrahi, Mahendra Badhei, Anup Taria, Silu Mahapatra, Satyanaryan Panda, Prabin Singhdeo, Rabi Pujhari, Suraj Biswal, Chandrakanta Mohanty, Nabin Satpathy, Saroj Sahu, Manoranjan Dash, Manas Mishra, Sameer Mahapatra, Bandita Mishra, Rajib Satpathy, Basanta Mishra, Minketan Bhoi, Ratan Agarwal, Bijetendra Pradhan, Suranjini Barik, Pradeep Bohidar, Babull Panda and Manoranjan Panda.

Supreme Court Posts Pleas Challenging Validity of Citizenship Act's Section 6A

The Constitution Bench of the Supreme Court posted the pleas that challenged the constitutional validity of Section 6A of the Citizenship Act, as inserted by an amendment in 1985 in furtherance of the Assam Accord, for directions to January 10, 2023.
The 5-Judge Constitution Bench comprising Chief Justice D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli and Justice P.S. Narasimha heard the issue.
In the beginning of the hearing, Senior Advocate Kapil Sibal apprised the bench that both the parties have agreed to sit together and identify the issues which were to be segregated and heard in the case.
As per the bench it has now been agreed between the Attorney General and the Solicitor General on one hand and Kapil Sibal, Senior Advocate Dushyant Dave and Senior Advocate Indira Jaising for segregating the cases which fall for decision before this court into distinct categories and the order in which the arguments are to be made.

Dec 12, 2022

Centre Notifies Appointment of Justice Dipankar Dutta As Supreme Court Judge

Almost three months after the recommendation made by the Supreme Court Collegium, the Central Government notified the appointment of Justice Dipankar Dutta, Chief Justice of the Bombay High Court, as a judge of the Supreme Court.
The Supreme Court collegium led by the then CJI UU Lalit had recommended the elevation of Justice Dutta in the resolution passed on September 26. It is worthwhile to note that the Centre's notification came in the backdrop of the Supreme Court repeatedly criticising the Government for not acting promptly on the collegium recommendations.
Dutta practised mostly in the Calcutta High Court, but also practiced in Supreme Court and other High Courts in constitutional and civil matters. Justice Dutta was made a permanent judge of Calcutta High Court on June 22, 2006.He was later elevated on April 28, 2020 as the Chief Justice of Bombay High Court. With the appointment of Justice Dutta, the Supreme Court now has 28 judges out of the strength of 34 judges.

Central Government Should Amend Section 2(2) of the Hindu Succession Act which Excludes Female Me...

The Supreme Court asked the Central Government to consider amending Section 2(2) of the Hindu Succession Act that excludes female members of Scheduled Tribes from having the equal share in the property of the father.
A bench of Justice M.R. Shah and Justice Krishna Murari said that there can be no justification whatsoever for denying the right of survival to female members of a community.
As per the judgement when a daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no reason to deny similar right to the daughter of the tribal community. Female tribal is entitled to parity with male tribal in intestate succession.
The bench further stated it is about time that the court reconsiders the provisions of the Act that have been prevalent since 70 years of the Constitution denying daughters of Scheduled Tribe being denied equal rights.

Kerala High Court Strikes Down 10A of Divorce Act, 1869

The Kerala High Court declared as unconstitutional the stipulation of one year of separation or more for filing a divorce petition by mutual consent under the Divorce Act, saying it is violative of fundamental rights.
A division bench of the High Court comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen also observed the Union government should seriously consider having a uniform marriage code in India to promote common welfare and the good of spouses in matrimonial disputes.
Observing that the law differentiates parties based on religion in regard to welfare in a matrimonial relationship, the High Court said in a secular country, the legal paternalistic approach should be on the common good of the citizens rather than based on religion.
The High Court gave this order on a plea filed by a young Christian couple challenging the fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 as being violative of fundamental rights.

Dec 11, 2022

Supreme Court Adjourns SLP against Bombay High Court Order Mandating Shops to Have Signboards in ...

The Supreme Court adjourned a Special Leave Petition, which challenged the Bombay High Court order that upheld the validity of Rule 35 of the Maharashtra Shops and Establishment Act, mandating signboards to be in Marathi language in Devanagari script on top and having the same font size as any other language.
The Maharashtra government, by way of an amendment, had recently incorporated Rule 35 into the main Act as Section 36-A, making it applicable to shops and establishments with even less than 10 workers.
A bunch of petitions challenging the constitutionality of this provision and also on whether the State could impose its official language in matters of trade and business came up for hearing before the Division Bench of Justice K.M. Joseph and Justice B.V. Nagarathna.

Dec 10, 2022

Three Additional Judges to be Made Permanent Judges of Kerala High Court: Supreme Court Collegium

The Supreme Court Collegium recommended three additional judges of the Kerala High Court be made permanent judges of that Court.
In the Collegium meeting the names of Justice Abdul Rahim Musaliar Badharudeen, Justice Viju Abraham and Justice Mohammed Nias CP were recommeded.
The Kerala High Court is functioning at a strength of 37 as opposed to a sanctioned strength of 47(as of November 1, 2022)

Dec 09, 2022

All India Backward Classes Federation Challenges Supreme Court Order on EWS Reservation

The All India Backward Classes Federation challenged the Supreme Court majority verdict of November 7 that upheld the validity of the 103rd Constitutional Amendment, which introduced provisions for 10 per cent reservation to the Economically Weaker Sections (EWS).
The five-Judge Constitution Bench of the Apex Court, comprising then Chief Justice of India (CJI) U.U. Lalit, Justice Dinesh Maheshwari, Justice S. Ravindra Bhat, Justice Bela M. Trivedi and Justice J.B. Pardiwala had retained the 10 per cent reservation to EWS.
While Justice Maheshwari, Justice Trivedi and Justice Pardiwala agreed to uphold the validity of the 103rd Constitutional Amendment, Justice Bhat refused to agree with the majority verdict and dissented on exclusion of SC/ST from 10 per cent quota.
Then CJI Lalit agreed with Justice Bhat in the dissent. So, it was 3-2. But the EWS quota law was still upheld in view of the majority.
The review petition filed by Professor Mohan Gopal contended that the majority decisions rest on the mistaken assumption that EWS was structured solely on economic criteria.

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