General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

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.

Jan 26, 2023

Supreme Court Removes Condition of Magistrate's Approval in Living Will Process

In a bid to make the guidelines on "living will" more workable and less cumbersome, the Supreme Court removed the condition that mandated a magistrate's approval for withdrawal or withholding of life support to a terminally ill person.
Living will is an advance medical directive on end-of-life treatment.
The Supreme Court's 2018 order on passive euthanasia wherein it recognised the right to die with dignity as a fundamental right and an aspect of Article 21 (right to life) notwithstanding, people wanting to get a "living will" registered were facing problems due to cumbersome guidelines, prompting a reconsideration by the apex court.
A five-judge Constitution bench headed by Justice K. M. Joseph said the document will now be signed by the executor of the living will in the presence of two attesting witnesses, preferably independent, and attested before a notary or Gazetted Officer.

Jan 24, 2023

Scheduled Caste Status to Dalit Christians, Dalit Muslims: Supreme Court Dismisses Plea against C...

The Supreme Court rejected a petition challenging the setting up of a three-member Commission by the Union government in October 2022 to examine the possibility of granting the Scheduled Caste status to Dalit Christians and Dalit Muslims.
The Bench of Justice Sanjay Kishan Kaul, Justice Abhay S. Oka and Justice B. V. Nagarathna disposed of the plea, observing that it did not see any ground to quash the appointment of the Commission.

Marriage Before 18 Years cannot be Annulled: Karnataka High Court

The Karnataka High Court ruled that the marriage of a woman that has taken place before her attaining 18 years of age cannot be annulled. The bench also quashed the earlier order in this regard by a Family Court.
The division bench comprising Chief Justice P. B. Varale and Justice S. Vishvajith Shetty gave the order, while looking into the petition in this regard by a woman.
According to the Hindu Marriage Act Section 5 (3), the age of bridegroom should be 21 years and bride should be 18 years. The rule specifying 18 years of age for marriage is being kept out of Section 11 of the Act, the bench said. Besides for cancellation of marriage, the facts have to be in contravention to the Section 5 and rule 1, 4 and 5. Hence, the annulment of marriage won't apply to this case, the bench said.

Jan 22, 2023

Centre Notifies Appointment of Justice Sabina as Acting Chief Justice of Himachal Pradesh High Court

The Central government finally notified the appointment of Justice Sabina as the acting Chief Justice of the Himachal Pradesh High Court.
The appointment of Justice Sabina's came into effect following the retirement of the incumbent Chief Justice Amjad Ahtesham Sayed.
Exercising the power conferred by Article 223 of the Constitution of India, the President appointed, Justice Sabina, senior-most Judge of the Himachal Pradesh High Court, for performing the duties of the office of the Chief Justice of that High Court.
For Justice Sabina, this is her second term as an acting Chief Justice of the Himachal Pradesh High Court. She held this post in the year 2022.

Jan 21, 2023

Supreme Court Rejects Pleas against Caste Census in Bihar

The Supreme Court dismissed as withdrawn, the petitions challenging the caste-based census being currently conducted in the State of Bihar.
The Bench of Justice B.R. Gavai and Justice Vikram Nath disposed of the petitions that sought quashing of the June 6, 2022 notification issued by the Deputy Secretary of Bihar government in respect to conducting a caste-based survey in the state.
The Nitish Kumar-led government had kick-started the caste-based Census on January 7 , 2023, claiming that the exercise would provide scientific data for carrying out welfare schemes for weaker sections of the society.
The state government planned to compile data on each family digitally through a mobile application in the survey, from panchayat to the district level.
Suspecting the motivation of the petitioners, the Apex Court disposed off the pleas, terming them as publicity interest litigation.
It asked the petitioners that if the relief sought in the pleas was granted, how would the state government determine on how to grant reservation.

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