General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

May 15, 2023

Representation of People Act, Delimitation Act Not Applicable to Scheduled Area in Absence of Gov...

The Supreme Court ruled that the Representation of the People Act, 1950 and the Delimitation Act, 2002 were not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.
The Bench of Justice A.S. Oka and Justice Rajesh Bindal had rejected a writ petition filed by Adivasis for Social and Human Rights Action, noting that there was absolutely 'no merit' in the appeal and that the High Court was right in rejecting the petition.
It said under sub clause (e) of Clause (1) of Article 19 of the Constitution, every citizen had a right to reside and settle in any part of India. However by making a law, reasonable restrictions can be put on the said Fundamental Right as provided in Clause (5) of Article 19.
The Apex Court further dismissed the argument that the fifth schedule of the Constitution took away the right of a non-tribal person to settle down and vote in a scheduled area.

Allahabad High Court States Notice cannot be Faulted in a Legal Term of Section 138 (b) in Negoti...

The Lucknow Bench of the Allahabad High Court while setting aside the summoning order observed that in a demand notice if other amount is mentioned with the cheque amount in a separate portion in detail, the said notice cannot be faulted in a legal term of Section 138 (b) of the Negotiable Instrument Act, 1881.
A Single Bench of Justice Suresh Kumar Gupta passed this order while hearing an application under Section 482 filed by Prashant Chandra.

May 14, 2023

Collegium Picks Arun Kumar as Allahabad High Court Judge

The Supreme Court Collegium proposed the name of Advocate Arun Kumar for elevation as judge of the Allahabad High Court.
As per the Collegium, it had earlier deferred the recommendation made by the High Court Collegium in this regard, in view of certain reports given by the Intelligence Bureau.
However, the Bureau did not have any 'verifiable' material to substantiate the objections raised by it. Therefore, the Collegium decided to propose the name of Advocate Kumar to the Central government.
It further said that the lawyer had been practicing at the Bar for the past 25 years and also had experience of conducting a wide range of cases before the High Court in constitution, civil and revenue jurisdiction.
The Collegium also took in view the positive opinion given by three consultee-judges, who were consulted to know about the suitability of Advocate Kumar.

May 13, 2023

Delhi Government Has Control over IAS, All Services in Delhi Except Land, Police and Law and Orde...

The Supreme Court in a unanimous judgment ruled in favour of the elected government and said it will have power on all services except law and order and land. LG shall exercise powers under the administrative role as entrusted by the president. Executive administration can only extend to matters which fall outside the legislative assembly but is limited to the powers entrusted by President and it cannot mean administration over the entire NCTD, otherwise the purpose of having a separate elected body in Delhi will be rendered futile, the top court said. It is ideal to hold that democratically elected govt shall have control over its officers, it ruled.
If a democratically elected government is not allowed to control its officers and hold them to account then its responsibility towards the legislature and public is diluted. "If an officer is not responding to govt. the collective responsibility is diluted and if an officer feels they are insulated from elected govt they feel they are not accountable,"
"Article 239A(3)(A)(a) does not confer multiple safeguards to ensure that the interests of Union Govt are protected. It provides GNCTD legislature has no power to deal with entries 1, 2 and 8 of list 2. Article 239AA stipulates legislative power of Delhi Govt is excluded with respect to specified lists. entries 1, 2 and 18 of list 2(public order, police and land). The legislative structure is to exclude only specified entries from the power of the legislative assembly of GNCTD,"
"Delhi assembly is given powers to legislate to represent the will of the people. The principle of democracy and federalism form a part of basic structure. Federalism ensures the survival of diverse interests and accommodates diverse needs."

May 11, 2023

Bombay High Court Says PIL Can Only be Filed to the Extent of Writ of quo Warranto in Service Jur...

The Bombay High Court observed that in service jurisprudence, the PIL can only be filed to the extent of writ of quo warranto.
The Division Bench of Acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne disposed of a Public Interest Litigation (PIL) filed raising that though 22 posts were reserved for persons with disability and 20 persons had appeared for interview, only 8 were selected. 7% grace marks were given and they were brought on par with open competition category.
The circular the Bench noted that if no person with disability makes it to the select list on own merits, then only those candidates as per region wise notified vacancies of persons with disability will be granted 7% grace marks.

May 10, 2023

Supreme Court Rebukes NCLAT for Mandating Physical Filing of Appeals in Addition to e-filing

The Supreme Court came down heavily on the National Company Law Appellate Tribunal (NCLAT) for making physical filing of appeals mandatory, in addition to e-filing of the same.
Expressing displeasure over the practice, the Apex Court observed that if some judges were uncomfortable with e-files, the answer was to provide training to them and not to continue with old and outmoded ways of working.
Stating that the judiciary has to modernise and adapt to technology, the top court of the country observed that the tribunals cannot be an exception as this was no longer a matter of choice.

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