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LAW AND CONSTITUTIONAL AFFAIRS - February 2023

Feb 2023

Nov 20, 2024

Supreme Court Collegium Recommends Justice D. Krishnakumar as next Chief Justice of Manipur High ...

  • The Supreme Court Collegium, in its first resolution after Justice Sanjiv Khanna took over as Chief Justice of India, recommended the appointment of Madras High Court judge, Justice D. Krishnakumar, as the Manipur High Court Chief Justice.
  • The incumbent, Justice Siddharth Mridul, retires on November 21. If the government approves the Collegium's recommendation, Justice Krishnakumar would take over on the retirement of Justice Mridul.

Nov 16, 2024

SC's Landmark Guidelines to Curb Illegal Property Demolitions

  • The Supreme Court of India issued guidelines to prevent the demolition of people's homes and private properties by the government solely based on accusations of a crime. The court emphasised that such demolitions violate the rights of the accused, including the presumption of innocence, and unfairly affect other tenants, while also infringing on the right to shelter under Article 21 of the Constitution.
  • Key Points
  • The Court laid down guidelines to curb demolitions of properties based solely on accusations of a crime.
  • It emphasised the violation of the presumption of innocence and right to shelter under Article 21 of the Constitution.
  • A mandatory 15-day notice must be provided to tenants before eviction, indicating reasons and the date of hearing.
  • Failure to follow the guidelines could lead to contempt proceedings and officials responsible for the demolition could be made to pay for the restitution.
  • The guidelines were part of a response to demolitions in Rajasthan and Madhya Pradesh after Muslim tenants were accused of crimes.

Nov 15, 2024

SC's Landmark Guidelines to Curb Illegal Property Demolitions

The Court laid down guidelines to curb demolitions of properties based solely on accusations of a crime.
  • The Supreme Court of India issued guidelines to prevent the demolition of people's homes and private properties by the government solely based on accusations of a crime. The court emphasised that such demolitions violate the rights of the accused, including the presumption of innocence, and unfairly affect other tenants, while also infringing on the right to shelter under Article 21 of the Constitution. The key points are:
  • It emphasised the violation of the presumption of innocence and right to shelter under Article 21 of the Constitution.
  • A mandatory 15-day notice must be provided to tenants before eviction, indicating reasons and the date of hearing.
  • Failure to follow the guidelines could lead to contempt proceedings and officials responsible for the demolition could be made to pay for the restitution.
  • The guidelines were part of a response to demolitions in Rajasthan and Madhya Pradesh after Muslim tenants were accused of crimes.

Nov 14, 2024

Justice Surya Kant New Chairman of Supreme Court Legal Services Committee

  • Justice Surya Kant, second senior most puisne judge of the Supreme Court, was appointed as Chairman of the Supreme Court Legal Services Committee (SCLSC). This nomination was made by the Chief Justice of India.
  • Justice Surya Kant took over the role from Justice B.R. Gavai, who previously held the position before being appointed as the Executive Chairman of the National Legal Services Authority (NALSA). The Chief Justice of India serves as the patron-in-chief of the SCLSC.
  • The SCLSC was established to provide legal aid to marginalized and weaker sections of society, ensuring equal access to justice in line with Article 39-A of the Constitution. The Committee is part of a broader effort to make the Supreme Court accessible to citizens who may face financial or social barriers. Given the substantial costs associated with approaching the Supreme Court, the SCLSC aims to remove obstacles for those unable to afford legal expenses, providing assistance to eligible individuals as defined under Section 12 of the Legal Services Authorities Act, 1987.

Nov 12, 2024

Justice B. R. Gavai Nominated as Executive Chairman of NALSA

  • President of India Droupadi Murmu nominated Justice Bhushan Ramkrishna Gavai of the Supreme Court as the new Executive Chairman of the National Legal Services Authority (NALSA).
  • The position was previously held by Justice Sanjiv Khanna, who took over as the 51st Chief Justice of India (CJI).
  • The CJI is the NALSA's Patron-in-Chief, according to the Legal Services Authority Act of 1987.
  • The President of India, in collaboration with the Chief Justice of India, appoints an active or retired Supreme Court judge as Executive Chairman.
  • As per convention, the post of Executive Chairman of NALSA is occupied by the second senior-most judge of the Supreme Court.
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