General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Dec 02, 2022

Supreme Court Refuses to Stay MCD Polls in Delhi

The Supreme Court refused to stay the elections of Municipal Corporation of Delhi (MCD), scheduled to be held in the national capital on December 4, observing that once an election notification was published, it could not be stayed by the Court.
The Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka dismissed a petition challenging the Delhi High Court order, which had also refused to stay the Municipal Corporation of Delhi (MCD) elections.
As per the Apex Court, since the elections were scheduled to be held in three days, the passage of time had made the petition infructuous.
Earlier on November 9, 2022, the High Court of Delhi had refused to stay the MCD elections. The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramanium Prasad had given the same reason as the Apex Court for dismissing a bunch of petitions challenging the delimitation of certain wards and their reservation.

Dec 01, 2022

Third-ever: Supreme Court of India has All-woman Bench

As the year reached its end, the first day of December 2022 became historic of sorts for the Indian Judiciary, as the Supreme Court witnessed an all-woman Bench, making December 1 as third such occasion in the country.
The Bench, which sat at Court number 11, was set to take up 32 matters, including 10 transfer petitions related to matrimonial disputes and 10 bail matters.
On Wednesday, Chief Justice of India D.Y. Chandrachud had set up the Bench comprising Justice Hima Kohli and Justice Bela M. Trivedi.
History was 'accidentally' created in 2013, as Judge Justice Aftab Alam, presiding Judge of a three-Judge Apex Court Bench, could not attend the proceedings, making it an all-woman Bench of Justice Gyan Sudha Misra and Ranjana Prakash Desai.
On September 6, 2018, Justice R. Banumathi and Justice Indira Banerjee held hearing as the first actual all-woman Apex Court Bench of the country.
Currently (as in December 2022), the Supreme Court has three women judges, which include Justice Kohli, Justice Trivedi and Justice B.V. Nagarathna.
While Justice Kohli will retire in September 2024, Justice Trivedi will hold office until June 2025. Justice Nagarathna is set to become the first woman Chief Justice of India in 2027.

Nov 30, 2022

Bilkis Bano Challenges Supreme Court Order Allowing Gujarat to Apply 1992 Remission Rules

A review plea was filed by Bilkis Bano against the Supreme Court order of May 2022, where the Top Court allowed the state government of Gujarat to apply 1992 remission rules.
A writ petition was also filed by Bilkis Bano challenging the release of 11 convicts who were involved in the brutal murder and rape case during the Godhra riots.
The plea clearly mentions that the convicts should have not been released from the jail.
The Review plea mentions that it was the state of Maharashtra and not the state of Gujarat who should have taken the decision.
It mentions that the Remission Policy of state of Maharashtra would govern this case.
The matter was mentioned before the Chief Justice of India D.Y. Chandrachud for listing.

Nov 29, 2022

Supreme Court Suggests Bar Council of India to Suspend Licences of Agitating Odisha Lawyers

The Supreme Court suggested the Bar Council of India to suspend the licences of the lawyers, who have been striking in Odisha over their long-standing demand for a permanent bench of Orissa High Court in the western part of the state, at Sambalpur.
The Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka recommended the Bar Council to take action against the district bar associations, whose members had been involved in the protests.
Justice Kaul further told the agitating Advocates that there was no other option than to resume 100 per cent work.

Wakf Act Does Not Give Power to CEO to Declare any Property as Wakf Property: Rajasthan High Court

The Rajasthan High Court held that the Chief Executive Officer has no power under the Wakf Act, 1995 to issue any declaration of a property to be a Wakf property.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sandeep Mehta allowed a PIL seeking removal of illegal possession and encroachment on Oran land of Patwar Area Asada, Tehsil Jasol, District Barmer by the respondent No. 4 (Rajasthan Board of Muslim Wakfs) and to question the legality and validity of the letter/ communication dated 08.01.2019 issued by the Chief Executive Officer of the Wakf Board to the District Collector, Barmer to register/enter the said khasra as Wakf property by exercising powers under Section 37 of the Wakf Act, 1995.

Nov 28, 2022

President Nominates Justice Sanjay Kishan Kaul of Supreme Court as Executive Chairman of NALSA

The President of India Droupadi Murmu nominated the Supreme Court Justice Sanjay Kishan Kaul as the Executive Chairman of the National Legal Services Authority (NALSA).
As per the Legal Services Authority Act of 1987, the Chief Justice of India is NALSA's Patron-on-Chief .
The President of the country with the help of the Chief Justice of India appoints an active or retired Supreme Court Judge as the Executive Chairman.
As per convention, the post of Executive Chairman of NALSA is always taken by the second senior judge of the Supreme Court.
It was earlier held by CJI DY Chandra during the tenure of UU Lalit, whereas Justice UU Lalit held this post during the tenure of former CJI NV Ramana.
Justice Kaul is the senior most judge after CJI. He has held the position of former Chief Justice of Madras High Court and Punjab and Haryana High Court.

Delhi High Court Changes its Roster of IP Division

The Intellectual Property (IP) Division of the Delhi High Court changed in its roster.
With effect from November 28, Justices C. Hari Shankar, Justice Sanjeev Narula and Justice Amit Bansal would deal with the IP cases.
Initially it was Justices Prathiba M. Singh, Navin Chawla and Jyoti Singh who were sitting as a part of the IP division.

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