General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Jun 03, 2023

Law Commission of India Says Section 124A IPC Should be Retained

The 22nd Law Commission of India headed by former Chief Justice of Karnataka High Court Ritu Raj Awasthi recommended that Section 124A of the Indian Penal Code (IPC), which criminalises sedition, should be retained in the statute book with certain changes.
A three-judge bench of the Supreme Court headed by the then Chief Justice of India N. V. Ramana had in May 2022, put the provision in abeyance instead of deciding on its validity.
This was after the Central government told the Court that it will re-examine and reconsider whether Section 124A needs to be retained.
Importantly, the Commission further recommended that the scheme of punishment provided under the Section be amended.
Currently, it provides for life imprisonment or imprisonment up to 3 years.
The Commission suggested that the jail term of 3 years be enhanced to 7 years.

Jun 01, 2023

Karnataka High Court Rejects Challenge to Conversion of Circuit Benches at Dharwad, Kalaburagi in...

The High Court of Karnataka rejected a public interest litigation that challenged the Presidential Order of 2008, which converted the Circuit Benches of High Court at Dharwad and Kalaburagi into permanent benches.
The Division Bench of Justice B. Veerappa and Justice K. S. Hemalekha dismissed the petition on the grounds that the petition served absolutely no public interest as the Benches had rendered 'distributive justice' to all the regions.
The High Court observed that the plea was against the public interest and people starving for justice, which ignored the dictums of this Court as well as the Supreme Court.
Noting that the idea of speedy and quality justice dispensation system could not be treated with a status quo approach, the Division Bench observed that the establishment of these two benches was the need of the hour.

Justice Nitin Jamdar Appointed as Acting CJ of Bombay HC

The central government issued a notification appointing Justice Nitin Jamdar as the Acting Chief Justice of Bombay High Court. Justice R. D. Dhanuka, who was sworn in as Chief Justice of the Bombay High Court retired on May 30.
Born into a family of lawyers, Justice Jamdar is the third generation to pursue a career in the legal field. After receiving school education from across Maharashtra, Justice Jamdar completed graduation in Commerce from Sydenham College and thereafter LLB from Government Law College, Mumbai.
Justice Jamdar practised in the Bombay High Court in diverse fields, primarily in administrative and constitutional law. He represented various public bodies, including zilla parishads, municipal councils, municipal corporations and universities. He also represented the Bar Council of India and the High Court administration and was Senior Standing Counsel for the Union of India.
Justice Jamdar was appointed as a judge of the Bombay High Court in January 2012.

May 31, 2023

Delhi High Court Quashes BCI's Decision Refusing Enrolment to South Korean Citizen

The Delhi High Court quashed the Bar Council of India's decision refusing to consider a South Korean citizen as eligible for enrolment as an advocate with Bar Council of Delhi. The foreign national had moved to India with his parents at the age of 11 and lived here continuously till he graduated from NALSAR University in 2016.
The court ruled that as long as the right of the citizens of India who hold the requisite qualification to practice law in a foreign nation is preserved and no discriminatory measures are adopted in the foreign nation, the nationals of that country would clearly be entitled to seek enrolment in terms of the proviso to Section 24(1)(a) of the Advocates Act.
The petitioner Daeyoung Jung in the petition said that that he wishes to practice the profession of law in India so as to utilise his degree effectively. "The petitioner's law degree is his only qualification which, in the absence of an enrolment certificate by the respondents, cannot be utilized by the petitioner either in India or abroad to practice and build a career as a lawyer," Jung told the court.

May 30, 2023

Justice Ramesh D. Dhanuka Demits Office

Justice Ramesh D. Dhanuka was on May 28 sworn in as the Chief Justice of the Bombay High Court. Dhanuka was administered the oath of office by Maharashtra Governor Ramesh Bais at the Raj Bhavan.
Justice Dhanuka demitted office on May 30, upon attaining the age of 62, and had a tenure as Chief Justice of three days, possibly the shortest.
He started practice of law at Bombay High Court in 1985 in the chamber of Shri. Justice D. R. Dhanuka (Retd.), till his elevation as a judge of the Bombay High Court in 1990. He practiced on Appellate and Original Side of the High Court of Judicature at Bombay in Constitutional Law and other branches of Law and particularly Arbitration, Companies Act, Suits, Testamentary, Municipal Laws, Service Law, Rent Act.

May 29, 2023

Five Judges Elevated as High Court Chief Justices

Five judges were elevated as Chief Justices of High.
The Department of Justice in the Union Law Ministry issued separate notifications announcing the appointment of acting Chief Justice of the Bombay High Court Justice Sanjay Vijaykumar Gangapurwala as the Chief Justice of the Madras High Court and Justice Ramesh Deokinandan Dhanuka as the Chief Justice of the Bombay High Court.
Dhanuka will demit office on May 30, upon attaining the age of 62 and will have a tenure as Chief Justice of the Bombay High Court of effectively four days.
Justice Augustine George Masih of the Punjab and Haryana High Court was appointed as the Chief Justice of the Rajasthan High Court.
Justice Mamidanna Satyaratna Ramachandra Rao, of the Punjab and Haryana High Court was appointed as the Chief Justice of the Himachal Pradesh High Court.
Justice Sarasa Venkatanarayana Bhatti of the Kerala High Court was appointed as Chief Justice of the Madras High Court.

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