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General Awareness

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LAW AND CONSTITUTIONAL AFFAIRS - December 2022

Dec 2022

Dec 04, 2022

Been a Witness and Victim of Adjournment Culture in Patna High Court: Justice M.R. Shah

  • Justice M.R. Shah, a senior judge of the Supreme Court, has said that the Patna High Court has a very bad culture of adjourning cases, adding that he has been both a victim and a witness of it.
  • Justice Shah, prior to his elevation as the judge of the Supreme Court, had served as the Chief Justice of the Patna High Court.
  • It was during that time as the CJ of Patna High Court that he had experienced the adjournment culture first hand.
  • Justice Shah said that the culture of adjournment was very much prevalent in Patna.
  • Talking about the Patna High Court, the judge said that when the lawyers keep asking for adjournment, what will the poor Judges do.
  • The top court has time and again taken a poor view of unnecessary adjournments.
  • The Bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justice Hima Kohli have recently spoken on how the practice of adjournments is being sought by lawyers who come to court without preparing to argue the case.

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.
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