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LAW AND CONSTITUTIONAL AFFAIRS - October 2022

Oct 2022

Mar 20, 2023

Supreme Court Issues Guidelines for Facilitation of Candidates with Disabilities in CLAT

  • The Supreme Court issued a set of guidelines to ensure better accessibility for candidates with disability to appear in the Common Law Admission Test (CLAT).
  • The guidelines were issued by the Bench of Chief Justice of India (CJI) D. Y. Chandrachud, Justice P. S. Narasimha and Justice J. B. Pardiwala on a plea challenging the stringent conditions imposed by CLAT consortium on persons with disabilities intending to avail scribes.
  • The court directed the CLAT consortium to provide scribes for people with non-bench mark disabilities as well and issue guidelines along with the advertisement of CLAT.
  • However, it refused to ask the consortium to allow scribes who were in 12th standard or enrolled with any coaching or preparing for any competitive examination, taking in view the consortium's submission that since CLAT was MCQ based and consisted of common subjects such as English, Maths, logical reasoning, and GK, it would be against the integrity of the examination to permit scribes who could assist the candidate with their independent knowledge of the subject.

Mar 19, 2023

Supreme Court Reserves Verdict on SCBA Seeking Conversion of SC Land into Chamber Block for Lawyers

  • The Supreme Court reserved its judgment on the petition filed by the Supreme Court Bar Association (SCBA), seeking conversion of land measuring 1.33 acres, which was allotted to the Apex Court, into chamber blocks for lawyers.
  • The Bench of Chief Justice of India (CJI) D. Y. Chandrachud, Justice S. K. Kaul and Justice P. V. Narasimha, while saying that it would take some time to deliberate on the issue, told the SCBA that the issue should be taken up with the government on the administrative side.

Mar 18, 2023

Acting Chief Justice A. J. Desai of the Gujarat High Court Administers Oath to New Additional Jud...

  • The Acting Chief Justice A. J. Desai of the Gujarat High Court administered oath to the newly appointed additional judges of the Gujarat High.
  • The appointment of five judicial officers as additional judges of the Gujarat High Court was cleared by the Central government.
  • The newly appointed additional judges were: Susan Valentine Pinto, Hasmukhbhai Dalsukhbhai Suthar, Jitendra Champaklal Doshi, Mangesh Rameshchandra Mengdey and Divyeshkumar Amrutlal Joshi.

Mar 17, 2023

Supreme Court Orders for Only 10% Seats in Higher Judiciary to be Filled up by Departmental Compe...

  • The Supreme Court directed the Madhya Pradesh High Court for complying with its directions that were issued in the case of All India Judges' Association and Others v. Union of India.
  • As per the directions issued the High Court while filling up posts in the higher judiciary, can reserve only 10 per cent seats to be filled up by limited departmental competitive examination.
  • A division bench comprising of Justices M. R. Shah and Justice C. T. Ravikumar instructed the High Court for examining if 10 per cent quota was breached in any recruitment subsequent to January 1, 2011, and if such breach has occurred, to adjust such posts in future recruitments.

Mar 16, 2023

Supreme Court Agrees to Hear the Writ by Telangana Government Seeking Directions to Governor Tami...

  • The Supreme Court agreed to hear the writ petition filed by Telangana Government to seek directions for Governor Tamilisai Soundararajan to clear ten bills which were passed by the legislative assembly, which are awaiting her assent.
  • The matter was mentioned before bench of CJI D. Y. Chandrachud for urgent listing, saying that several bills are stuck.
  • The Government of Telangana said in the petition that it is constrained to move before the Supreme Court under its extraordinary jurisdiction under Article 32 of the Constitution of India in view of "a very prequent constitutional impasse created on account of the refusal of the Governor to act on several bills passed by the State Legislature.

Bar Council of India Permits Foreign Lawyers and Law Firms to Practice in India

  • In a move that could transform the legal landscape, the Bar Council of India (BCI) allowed foreign lawyers and law firms to practise law in India on a reciprocity basis.
  • The BCI, which had earlier opposed the move, notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
  • Although appearing in courts is prohibited, foreign law firms can set up offices in India to practise transactional and corporate work on reciprocal basis.
  • A foreign lawyer registered under rules shall be entitled to practise law in India in non-litigious matters only.
  • The foreign lawyers or foreign law firms shall not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities. They shall be allowed to practise on transactional work/corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on reciprocal basis.
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