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LAW AND CONSTITUTIONAL AFFAIRS - June 2023

Jun 2023

Dec 12, 2023

Article 370 was a Temporary Provision, Says SC as it Upholds its Abrogation

  • The Supreme Court (SC) unanimously upheld the Centre's abrogation of Article 370, stating that the article was a temporary provision and the state of Jammu & Kashmir did not retain any element of sovereignty after its accession to India in 1948. It said that Article 370 was a feature of asymmetric federalism.
  • However, the court said that the Centre amended the laws in J&K beyond its power. It directed the Election Commission (EC) to hold polls in J&K by September 30, 2024.
  • The apex court also upheld the reorganisation of Ladakh as the Union Territory, as Article 3 allows it.

Dec 11, 2023

E. K. Kumaresan is Additional Advocate General of Meghalaya

  • The Governor of Meghalaya appointed Advocate E. K. Kumaresan as the Additional Advocate General in Supreme Court to represent the State of Meghalaya. He enrolled with the Bar Council of Tamil Nadu in 1993 and started practising at the Madras High Court and later started appearing in the Supreme Court as well.

Dec 10, 2023

Rishab Gupta, Dipen Sabharwal, Manish Aggarwal Feature in Global Arbitration Review '45 under 45'...

  • Indian lawyer Rishab Gupta featured in the '45 under 45' list by Global Arbitration Review (GAR).
  • This was the third edition of the list by GAR; the other two were published in 2006 and 2011. Notably, Rishab is the first India-based practitioner on the list.
  • The edition also features two practitioners of Indian origin who are based in the United Kingdom - Dipen Sabharwal and Manish Aggarwal.
  • Sabharwal is a Partner at White & Case and also serves as Country Practice Head of India country practice group. Aggarwal is a Partner in London Office of Three Crowns.
  • Gupta is an independent counsel based in Mumbai and a barrister and full member of Twenty Essex.

Dec 09, 2023

Constant Tussle over Who Will Get Judges' Appointment Control

  • Chief Justice of India D. Y. Chandrachud said that there is a constant tussle about who will get ultimate control over appointment of judges even as vacancies arise and appointments are kept pending for a long period of time.
  • He was speaking at the inauguration of the new premises of the Mumbai bench of the Central Administrative Tribunal (CAT).
  • CJI Chandrachud said that tribunals in the country play a very important role in helping unclog delays in courts and in aiding the overall dispensation of justice.

Dec 08, 2023

Madras High Court Dismisses Plea for Reservation in Appointment of Law Officers

  • The Madras High Court held that while appointing Law Officers to the High Court and its Madurai Bench, merit should be the sole consideration, without any scope for reservation, vertical or horizontal.
  • In dismissing the pleas, a bench of Chief Justice S. V. Gangapurwala and Justice Bharatha Chakravarthy observed that the appointment of Law Officers by the government was not a civil post and the officers were not employees of the Government. Thus, while selecting Law Officers, the Government had to select the most competent, capable, and meritorious lawyers to represent them as Law Officers.

Government Decides to Implement Component of 'Nari Adalat' in Phased Manner

  • Union Minister for Women and Child Development Smriti Irani informed the Rajya Sabha that the Government decided to implement the component of 'Nari Adalat' in a phased manner under Mission Shakti.
  • In the first phase, Assam and the Union Jammu and Kashmir were selected by her Ministry to implement the component of 'Nari Adalat'. She said, in Jammu and Kashmir, it is being implemented in two aspirational districts -Kupwara and Baramulla and in Assam, seven districts namely Barpeta, Goalpara, South Salmara Mankachar, Udalguri, Darrang, Morigaon and Kamrup were covered under it.
  • The Central government is implementing 'Mission Shakti' as an umbrella scheme for the safety, security and empowerment of women.
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