General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Jul 03, 2023

Tushar Mehta Re-appointed as Solicitor General for India, six ASGs for Supreme Court Re-appointed

Senior advocate Tushar Mehta was re-appointed as the Solicitor General of India for a term of three years.
Mehta was appointed as Solicitor General on October 10, 2018 and since then he had been granted extension twice.
According to an order issued by the Department of Personnel and Training, besides Mehta, six Additional Solicitors General for the Supreme Court were also re-appointed for a period of three years.
Six ASGs who were re-appointed for the top court are Vikramjit Banerjee, K. M. Nataraj, Balbir Singh, S. V. Raju, N. Venkataraman and Aishwarya Bhati.

Jun 30, 2023

'Sedition Law is Need of Hour,' Says Law Commission Chairman

Sedition law is the need of the hour, Law Commission Chairman Justice Rituraj Awasthi said, adding it was much needed considering the current condition of the country.
Justice Awasthi said that the commission had examined the usage of the law, saying: "From Kashmir to Kerala and from Punjab to Northeast, if you see the situation, you'll see it's required for the integrity of the country."
Earlier this month (June), the 22nd Law Commission of India recommended that the law of sedition be retained with certain changes — a development that came a year after the Supreme Court put on hold all pending proceedings in such cases until the central government completed its re-examination of the provision.

Pressurising Someone to Give Up Demand for Repayment of Money is Not Extortion: Bombay High Court

In a ruling, in June 2023, the Bombay High Court dismissed an extortion case, stating that pressuring someone into giving up their demand for money repayment does not fall within the scope of the offense of extortion as defined under Section 383 of the Indian Penal Code (IPC).
The case involved a dispute between Kailash Agarwal, the owner of the Avighna Group, and Hemant Banker, a businessman from Worli. Agarwal had accused Hemant or his son, Rupin Banker, of employing gangster Vijay Shetty to threaten him into abandoning his demand for the repayment of funds. However, the court deemed this act as pressurising and not extortion under the legal definition.
The division bench comprising Justice Sunil B. Shukre and Justice M.M. Sathaye emphasised that the offense of extortion required not only inducing fear or threats but also dishonestly persuading the person to deliver property or valuable security. As these elements were not present in the case, the court held that no offense of extortion was established.

Jun 29, 2023

SC Collegium Undergoes Changes after Retirement of Two Senior Judges

Chief Justice of India D. Y. Chandrachud-led five-judge Collegium underwent a change with the inclusion of Justices B. R. Gavai and Surya Kant, after two senior judges demitted office during the summer break.
Justices K. M. Joseph and Ajay Rastogi, who were part of the Collegium, retired on June 16 and 17, respectively.
Besides the CJI, the revamped Collegium now includes Justices Sanjay Kishan Kaul, Sanjiv Khanna, B. R. Gavai and Surya Kant.
Interestingly, three members of the revamped Collegium---Justices Khanna, Gavai and Surya Kant-- will over time become the CJI.

Jun 27, 2023

Madras High Court: Caste Has No Role in Appointment of Temple Priests

The Madras High Court held that caste will have no role in the appointment of priests in temples, where the only requirement is for the person to be well-versed, properly trained and qualified to perform the pooja, as per the requirements of the said temple.
In his order, Justice N. Anand Venkatesh said that the appointment of temple priests would be governed by Agama. However, citing past Supreme Court rulings, the order said that the caste of a priest was not integral to religion.
Announcing the decision, justice Venkatesh cited the Supreme Court's verdict in the 2016 All India Adi Saiva Sivachariargal Seva Sangam's versus Government of Tamil Nadu case, where the top court had held that the appointment of a temple priest is a secular function and not about a hereditary right. The top court had held that the religious service by an Archaka is the secular part of the religion and the performance of the religious service is an integral part of the religion.

Jun 26, 2023

Supreme Court Stays Orissa High Court Order on Granting Custody of Minor to Father

Putting a stay on the restoration of minor custody to the father, the Supreme Court remarked that Orissa High Court failed to ascertain the welfare of the child.
The Division Bench of Justice Manoj Misra and Justice B.V. Nagarathna noted that welfare of the child is paramount consideration in legislations including Muslim law for adjudicating cases related to child custody.
On the basis of evidence and the submissions made before the Bench, the court put an interim stay on the order of the High Court of Orissa.

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