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LAW AND CONSTITUTIONAL AFFAIRS - March 2023

Mar 2023

Sep 18, 2024

Supreme Court Collegium Changes 3 Earlier Recommendations for High Court Chief Justice Appointments

  • The Supreme Court Collegium passed a new resolution making changes to its earlier recommendations for the appointment of Chief Justices of the High Courts.
  • The Collegium made changes regarding its earlier recommendations regarding Justice Suresh Kumar Kait (Delhi High Court), Justice G. S. Sandhawalia (Punjab and Haryana High Court) and Justice Tashi Rabstan (Jammu and Kashmir and Ladakh High Court).
  • These new recommendations were made by the Collegium in its resolution passed in supersession of its previous resolution passed on July 11.
  • Justice Suresh Kumar Kait is now recommended to be appointed as the Chief Justice of the Madhya Pradesh High Court. Earlier, he was recommended as the Chief Justice of J&K&L High Court.
  • Justice Tashi Rabstan, who was earlier proposed as the Chief Justice of Meghalaya High Court, is now recommended to be appointed as the Chief Justice of his parent High Court (J&K&L High Court).
  • Justice G. S. Sandhawalia, who was earlier proposed as the Chief Justice of Madhya Pradesh High Court, is proposed to be appointed as the Chief Justice of Himachal Pradesh High Court after October 18, 2024 (the date of retirement of Justice Rajiv Shakhder, who was earlier recommended as the CJ of HP HC).

Sep 17, 2024

Arbitration Bar of India, Bombay Bar Association to Host Arbitration Event

  • The Arbitration Bar of India in association with the Bombay Bar Association is hosting its maiden conference on 'Judicial Support and Role of Courts in Arbitration' on September 21, 2024.
  • The event is being organised at YB Chavan Auditorium, Mumbai.
  • The inaugural session will feature remarks Vyapak Desai, Vice President, Arbitration Bar India; Nitin Thakker, Senior Advocate and President, Bombay Bar Association; Gourab Banerji, Senior Advocate and President, Arbitration Bar India; Birendra Saraf, Senior Advocate and Advocate General of Maharashtra; Tushar Mehta, Solicitor General of India; R Venkataramani, Senior Advocate and Attorney General for India; and Chief Justice Devendra Kumar Upadhyay of the Bombay High Court. Advocate Farhan Dubash will give the closing remarks for the inaugural session.
  • This will be followed by a session on "Effective Strategies for Arbitration Advocacy", which will be flagged off by Justice A. S. Chandurkar of the Bombay High Court.
  • The second panel discussion on the "Role of Arbitration Bar in Modern Arbitration" will start with an address by Justice G. S. Kulkarni of the Bombay High Court.

Sep 14, 2024

Tenure of Arbitral Tribunal Can Be Extended Even After Expiry of Its Term

  • The Supreme Court held the fixed tenure of an arbitral tribunal to pass an award can be extended even after the expiry of term, saying the courts must strive to give "meaningful life" to a law to "avoid cadaveric consequences" leading to "unworkable scenarios".
  • The top court was dealing with conflicting judgements on the issue by several High Courts. Few High Courts, including the Calcutta High Court, while interpreting the provisions of the Arbitration and Conciliation Act, 1996, had held that an application for extension of time can only be entertained if it is filed before expiry of the tenure or mandate of the arbitral tribunal.

Sep 12, 2024

West Bengal to Setup 5 POCSO Courts

  • The West Bengal Cabinet gave its nod to a proposal to set up five more special POCSO courts in the state, taking the total number of such courts to 67 Minister of State for Finance Chandrima Bhattacharya said.
  • The decision came when the state is rocked by the protests against the rape and murder of an on-duty doctor in the state-run RG Kar Medical College and Hospital.
  • Bhattacharya said the step was taken to quickly dispose of cases linked to child sexual abuse.
  • The Cabinet meeting, held at the state secretariat was chaired by Chief Minister Mamata Banerjee.

Sep 11, 2024

Supreme Court Stays HC Order to Hold 'One Day Elections' For All Bar Associations in Delhi

  • The Supreme Court stayed the order of the Delhi High Court which held that elections to the Executive Committee of all bar associations in the national capital shall be held simultaneously on the same day for a uniform period of two years.
  • The bench of Justices B. R. Gavai and K. V. Viswanathan was hearing the challenge to the decision dated March 19 by the Delhi High Court Full Bench which disposed of a bunch of pleas concerning the issue of holding a uniform election in one day in respect of all the Bar Associations in the national capital as 'One Bar One Vote'.

Centre Appoints 6 Senior Advocates as Additional Solicitor Generals in Supreme Court

  • The Centre approved the proposal for the appointment of six senior advocates as Additional Solicitor Generals (ASGs) in the Supreme Court.
  • As per a notification issued by the Ministry of Personnel, Public Grievances and Pensions, the appointment committee of the Cabinet had cleared the names of Senior Advocates S. Dwarakanath, Archana Pathak Dave, Satya Darshi Sanjay, Brijender Chahar, Raghavendra P. Shankar and Rajkumar Bhaskar Thakare for appointment as ASG's.
  • They will hold office for three years with effect from the date of assumption of charge of the office or until further orders.
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