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LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

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.

Nov 19, 2022

Uttarakhand HC to be Shifted to Haldwani from Nainital

  • The Uttarakhand High Court will be shifted from Nainital to Haldwani. This decision was taken in a cabinet meeting held under the chairmanship of Chief Minister Pushkar Singh Dhami in Dehradun.
  • Uttarakhand cabinet also decided to make strict amendments in the conversion law, wherein forced conversion will now be a cognizable offence. With provision of 10 years of punishment under the new law, for this, a bill will be brought in the assembly.

Nov 18, 2022

Supreme Court Asks Government to Grant Pension to 32 Women IAF Officers

  • The Supreme Court directed the Centre and the Indian Air Force to consider granting pensionary benefits to some women officers of the Short Service Commission (SSC).
  • As many as 32 women were fighting for the right to serve the IAF for more than their Short Service Commission tenure of five years.
  • These women's IAF officers' pensions will be equivalent to the officers who went on to serve for 20 years.
  • The legal battle of these women lasted 12 years.
  • A bench of Chief Justice D.Y. Chandrachud and justices Hima Kohli and J.B. Pardiwala asked the IAF to consider granting Permanent Commission to some retired women SSC officers, who joined the IAF between 1993 and 1998, on basis of their suitability to give them pensionary benefits.

Nov 17, 2022

Delhi High Court Suspends 731 Websites for Illegal Streaming of Bhuj: The Pride of India

  • The Delhi High Court has directed to block more than 700 websites, which were involved in illegal streaming of 'Bhuj-The Pride of India,' a movie based on the 1971 war between India and Pakistan.
  • The Single-Judge Bench of Justice Pratibha M. Singh passed the order, after dismissing a suit filed by Star India for copyright infringement.
  • Star had moved the High Court in 2021, when the movie was about to be released.

Nov 14, 2022

Supreme Court Disposes of Plea Seeking National Holiday on Birth Anniversary of Netaji Subhas Cha...

  • The Supreme Court rejected a PIL, which sought declaration of national holiday on Parakram Diwas, birth anniversary of Netaji Subhas Chandra Bose.
  • Coming down heavily on the Counsel of the petitioner, the Bench of Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala noted that the petition was nothing, but a mockery of PIL jurisdiction.
  • The top court of the country noted that there was nothing in the petition that it could grant relief for, since the matter fell under the jurisdiction of the Government of India.
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