General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

May 17, 2023

Collegium Recommends AP HC Chief Justice P. K. Mishra, Advocate K. V. Viswanathan to be SC Judges

The Supreme Court Collegium recommended the names of Andhra Pradesh High Court Chief Justice P. K. Mishra and senior advocate K. V. Viswanathan for appointment as judges of the top court.
Having a sanctioned strength of 34, including the CJI, the Supreme Court is presently functioning with 32 judges.
The decision was taken unanimously by a five-member Collegium headed by Chief Justice of India D. Y. Chandrachud in view of two clear vacancies that arose following the retirement of Justice Dinesh Maheshwari and Justice M. R. Shah.

Central Government Notifies Appointment of Dharmesh Sharma as Additional Judge of Delhi High Court

The appointment of judicial officer Dharmesh Sharma as an additional judge of the Delhi High Court was cleared by the Central government.
The Supreme Court collegium on April 13 had recommended the name of Sharma for the elevation.
Prior to his elevation Justice Sharma was serving as the principal districts and sessions judge of Patiala House Court.
As a judge he has given some very important verdicts in the past including the Unnao rape and murder case. Another important case, he was involved in was Uphaar fire tragedy evidence tampering case.
Justice Sharma was born in Delhi on June 9, 1963. After completing his BCom (Hons) degree from Delhi University Karori Mal in 1984, he did his LLB and LLM from the DU's Campus Law Centre in 1987 and 2001.

May 16, 2023

Justice M. R. Shah Demits Office

Chief Justice of India D. Y. Chandrachud hailed Justice M. R. Shah, who demitted office as a Supreme Court judge, as "Tiger Shah" and said that his practical wisdom and excellent advice helped the collegium greatly in making decisions.
With the retirement of Justice Shah, who was appointed to the top court on November 2, 2018, the number of judges in the top court has come down to 32, including the CJI. The apex court has the sanctioned strength of 34 judges.

May 15, 2023

Representation of People Act, Delimitation Act Not Applicable to Scheduled Area in Absence of Gov...

The Supreme Court ruled that the Representation of the People Act, 1950 and the Delimitation Act, 2002 were not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.
The Bench of Justice A.S. Oka and Justice Rajesh Bindal had rejected a writ petition filed by Adivasis for Social and Human Rights Action, noting that there was absolutely 'no merit' in the appeal and that the High Court was right in rejecting the petition.
It said under sub clause (e) of Clause (1) of Article 19 of the Constitution, every citizen had a right to reside and settle in any part of India. However by making a law, reasonable restrictions can be put on the said Fundamental Right as provided in Clause (5) of Article 19.
The Apex Court further dismissed the argument that the fifth schedule of the Constitution took away the right of a non-tribal person to settle down and vote in a scheduled area.

Allahabad High Court States Notice cannot be Faulted in a Legal Term of Section 138 (b) in Negoti...

The Lucknow Bench of the Allahabad High Court while setting aside the summoning order observed that in a demand notice if other amount is mentioned with the cheque amount in a separate portion in detail, the said notice cannot be faulted in a legal term of Section 138 (b) of the Negotiable Instrument Act, 1881.
A Single Bench of Justice Suresh Kumar Gupta passed this order while hearing an application under Section 482 filed by Prashant Chandra.

May 14, 2023

Collegium Picks Arun Kumar as Allahabad High Court Judge

The Supreme Court Collegium proposed the name of Advocate Arun Kumar for elevation as judge of the Allahabad High Court.
As per the Collegium, it had earlier deferred the recommendation made by the High Court Collegium in this regard, in view of certain reports given by the Intelligence Bureau.
However, the Bureau did not have any 'verifiable' material to substantiate the objections raised by it. Therefore, the Collegium decided to propose the name of Advocate Kumar to the Central government.
It further said that the lawyer had been practicing at the Bar for the past 25 years and also had experience of conducting a wide range of cases before the High Court in constitution, civil and revenue jurisdiction.
The Collegium also took in view the positive opinion given by three consultee-judges, who were consulted to know about the suitability of Advocate Kumar.

May 13, 2023

Delhi Government Has Control over IAS, All Services in Delhi Except Land, Police and Law and Orde...

The Supreme Court in a unanimous judgment ruled in favour of the elected government and said it will have power on all services except law and order and land. LG shall exercise powers under the administrative role as entrusted by the president. Executive administration can only extend to matters which fall outside the legislative assembly but is limited to the powers entrusted by President and it cannot mean administration over the entire NCTD, otherwise the purpose of having a separate elected body in Delhi will be rendered futile, the top court said. It is ideal to hold that democratically elected govt shall have control over its officers, it ruled.
If a democratically elected government is not allowed to control its officers and hold them to account then its responsibility towards the legislature and public is diluted. "If an officer is not responding to govt. the collective responsibility is diluted and if an officer feels they are insulated from elected govt they feel they are not accountable,"
"Article 239A(3)(A)(a) does not confer multiple safeguards to ensure that the interests of Union Govt are protected. It provides GNCTD legislature has no power to deal with entries 1, 2 and 8 of list 2. Article 239AA stipulates legislative power of Delhi Govt is excluded with respect to specified lists. entries 1, 2 and 18 of list 2(public order, police and land). The legislative structure is to exclude only specified entries from the power of the legislative assembly of GNCTD,"
"Delhi assembly is given powers to legislate to represent the will of the people. The principle of democracy and federalism form a part of basic structure. Federalism ensures the survival of diverse interests and accommodates diverse needs."

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