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LAW AND CONSTITUTIONAL AFFAIRS - June 2023

Jun 2023

Nov 27, 2024

SC Upholds Inclusion of 'Socialist', 'Secular' in Constitution Preamble

  • The Supreme Court dismissed petitions challenging the constitutional validity of the 42nd amendment by which the words 'secular' and 'socialist' were added to the Preamble of the Constitution during the Emergency days in 1976, saying "these terms have achieved widespread acceptance, with their meanings understood by 'We, the people of India' without any semblance of doubt".
  • A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar said the Parliament's power under Article 368 to amend the Constitution also extends to the Preamble and rejected the argument that the words could not have been added retrospectively in 1976 to the original Preamble which has a cut off date of November 26, 1949.

Nov 22, 2024

Justice D. Krishnakumar New Chief Justice of Manipur High Court

  • The Central Government, via the Ministry of Law and Justice, notified the appointment of Justice D. Krishnakumar as the new Chief Justice of the High Court of Manipur. This decision followed the superannuation of Justice Siddharth Mridul, the Chief Justice of Manipur HC. The appointment was made following recommendations by the Supreme Court Collegium, which emphasized Justice Krishnakumar's legal acumen and integrity.
  • Prior to his elevation, Justice Krishnakumar was a practicing advocate specializing in civil, constitutional, and service matters, particularly constitutional law, at the Madras High Court.
  • His career highlights include his extensive legal experience and notable reputation for integrity.

Nov 21, 2024

India's first 24x7 Online Court Launched in Kollam, Kerala

  • India's first 24x7 online court started its operations in Kerala's Kollam district.
  • The court, operating as a pilot project named '24x7 ON Court,' will deal with cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881.
  • The Special Court of Judicial Magistrate of First Class in Kollam was sanctioned by the Kerala government for the purpose via a notification.
  • The digital court aims to address the long-standing issue of case backlogs, reduce delays, and improve the ease of legal access for litigants.

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.
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