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LAW AND CONSTITUTIONAL AFFAIRS - October 2022

Oct 2022

Feb 02, 2023

Supreme Court Says Only Parliament Can Decide to Bar a Candidate from Contesting from 2 Constitue...

  • The Supreme Court refused to quash Section 33 (7) of the Representation of Peoples Act 1951 that permitted a candidate to contest from two seats in elections, stating that no judicial interference was required in a matter that fell in the domain of legislative policy.
  • The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice P.S. Narasimha and Justice J.B. Pardiwala dismissed the petition filed by Ashwini Upadhyay, observing that candidates may contest from different seats due to a variety of reasons. Whether this could lead to furthering of political democracy, was solely the Parliament's discretion.
  • The petition had challenged the constitutional validity of Section 33 (7) of the Representation of Peoples Act 1951 on the grounds that it was unreasonable and arbitrary.

Feb 01, 2023

Supreme Court Collegium Recommends Names of Rajesh Bindal and Aravind Kumar for Elevation to SC

  • The Supreme Court Collegium, comprising Chief Justice of India D. Y. Chandrachud, Justice Sanjay Kishan Kaul and Justice K. M. Joseph, cleared the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to the Supreme Court.
  • The resolution of the Collegium in regard to the appointment of Justice Rajesh Bindal, Chief Justice of the High Court of Judicature at Allahabad was unanimous. However, in regard to the appointment of Justice Aravind Kumar, Chief Justice of the High Court of Gujarat, Justice K. M. Joseph expressed his reservations on the ground that his name can be considered at a later stage.
  • On 13 December 2022, the Collegium recommended five names for appointment as Judges of the Supreme Court, namely (i) Justice Pankaj Mithal, (ii) Justice Sanjay Karol, (iii) Justice P.V. Sanjay Kumar, (iv) Justice Ahsanuddin Amanullah, and (v) Justice Manoj Misra. Their appointment is yet to be notified by the Government.

Jan 31, 2023

Uniform Marriage Age: Delhi High Court Issues Notice in PIL

  • A notice was issued by the Delhi High Court to the Centre and Law Commission of India on a plea that seeks uniform marriage age for men and women.
  • A division bench comprising of Chief Justice D. N. Patel and C. Hari Shankar issued the notice.
  • The plea, which was filed by Bharatiya Janata Party leader Ashwini Upadhyay and advocate calls the distinction in the marriage age unscientific and patriarchal stereotype.
  • As per the Petition, there is a discriminatory minimum age limit for marriage for men and women in India as men in India are permitted to get married at the age of 21, while for women it is 18.
  • As per the plea this is based on patriarchal stereotypes, has no scientific backing, perpetrates de jure and de facto inequality against women, and goes completely against the global trends.
  • As per the PIL this differential bar infringes fundamental principles of gender equality, gender justice and dignity of women and breaches Articles 14, 15 and 21 of the Constitution.

Delhi High Court Says Security Agencies Not Bound to Provide Information under RTI Act

  • The Delhi High Court said that the information about money laundering, hawala transactions, acts of tax evasion and smuggling do not relate to corruption or human rights violations and, thus cannot be questioned to the intelligence and security organisations which are not bound to provide such information under Right to Information Act (RTI Act).
  • Justice Prathiba M Singh has set aside the Central Information Commission order which directs (CIC) directing the Central Economic Intelligence Bureau (CEIB) for providing the outcome of the complaint made by the RTI applicant named G. S. Srinivasan.
  • The Court reiterated that the CEIB is exempted from Section 24(1) Schedule II of the RTI Act and to provide details in the case is contrary to law.

Jan 28, 2023

Supreme Court Dismisses Plea Challenging AP High Court Order

  • The Supreme Court refused the plea of the Andhra Pradesh Government assailing the Andhra Pradesh High Court's order that held the decision of appointing an Executive Officer for controlling and managing the affairs of Ahobilam Temple in Kurnool violative of Article 26(d) of the Constitution and affects the Mathadipathi's right of administration.
  • The plea by the State came up for hearing before a Bench of Justice S.K. Kaul and Justice A.S. Oka. The Bench was not convinced why the State should interfere in matters of a temple.

Jan 27, 2023

CJI Announces Launch of E-SCR to Provide Verdicts in Scheduled Languages

  • Chief Justice of India (CJI) D. Y. Chandrachud said that the electronic Supreme Court Reports (E-SCR) project started providing apex court judgements in various Indian scheduled languages from Republic Day.
  • The CJI told the lawyers the apex court operationalised the part of the E-SCR project for providing verdicts in some local scheduled languages free of cost.
  • There are of 22 languages in the Eighth Schedule of the Constitution. They include Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Malayalam, Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil, Telugu, Urdu, Bodo, Santhali, Maithili and Dogri.
  • The apex court verdicts, as part the e-SCR project, will be available on the apex court website, its mobile app and on the judgment portal of the National Judicial Data Grid.
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