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LAW AND CONSTITUTIONAL AFFAIRS - June 2023

Jun 2023

Sep 05, 2023

Karnataka High Court Declares 2019 Election of JD (S) MP Prajwal Revanna as Null and Void

  • The High Court of Karnataka declared null and void the 2019 election of Janata Dal (Secular) leader Prajwal Revanna on grounds of corruption.
  • Revanna had successfully contested the 2019 Lok Sabha polls from Hassan constituency of Karnataka and became the lone face of Janata Dal (Secular) MP in the lower house.
  • The Single-Judge Bench of Justice K. Natarajan found Prajwal guilty of corrupt practices on several counts such as wrong disclosure of value of properties, non-disclosure of material facts, evading taxes, exorbitant expenditures than the limit prescribed by the Election Commission of India and proxy voting.
  • The High Court also found fault with the acceptance of nomination by the Returning Officer, calling it illegal and improper.

Sep 04, 2023

Central Government Clears Appointment of Supreme Court AoR, judicial Officer as Judges of Orissa ...

  • The Centre notified the appointment of Advocate-in-Record Sibo Shankar Mishra and Judicial Officer Ananda Chandra Behera as Judges of the Orissa High Court.
  • On August 17, the Supreme Court Collegium headed by Chief Justice of India D. Y. Chandrachud had recommended appointing a Judicial Officer and an Advocate as Judges of Orissa High Court.
  • In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President appointed Sibo Sankar Mishra, and Ananda Chandra Behera, as Judges of the Orissa High Court.
  • Advocate Sibo Sankar Mishra has a standing of 30 years at the bar. He is an Advocate-on-Record for Odisha in the Supreme Court and is counsel for the Union of India and High Court of Orissa in the Supreme Court.
  • Ananda Chandra Behera, a Judicial Officer, has served in various capacities in Odisha and has a good personal and professional image.

Central Government Notifies Appointment of Justice C. S. Sudha as Permanent Judge of Kerala High ...

  • The Central government notified the appointment of Kerala High Court additional judge Justice C. S. Sudha as a permanent judge of that High Court.
  • The Supreme Court Collegium had on August 17 recommended that Justice Sudha be made a permanent judge.
  • The Collegium of Kerala High Court had unanimously recommended the appointment of Justice Sudha as permanent judge on June 21. The Chief Minister as well as the Governor had also concurred with the recommendation and it was then sent to the Supreme Court Collegium.

Sep 03, 2023

Former Delhi High Court judge Justice Jayant Nath Takes Oath as DERC Chairperson

  • Former Delhi High Court judge Justice Jayant Nath took oath as the chairperson of the Delhi Electricity Regulatory Commission (DERC).
  • Delhi Power Minister Atishi administered the oath of office to Justice Nath.
  • Justice Nath was appointed to DERC pursuant to a Supreme Court order and his appointment is for a temporary period and he will serve only till the Supreme Court decides the ongoing dispute between the Delhi government and the Lieutenant Governor (LG) regarding the Delhi Services Act of 2023.

Sep 02, 2023

Press and Registration of Books Act Amendments Comes into Force

  • The Union government issued a notification for the implementation of the amendments to the Press and Registration of Books Act, 1867, from September 1. The changes substantially decriminalise and do away with imprisonment provisions for certain offences.
  • The Jan Vishwas (Amendment of Provisions) Act, 2023, replaced or amended some sections in the Press & Registration of Books Act.
  • Earlier, there was no direct role of the Press Registrar to regulate irregular/defunct newspapers. New provisions have now been added for suspension and cancellation of certificate of registration by the Press Registrar (Section 12) on the grounds of irregularity, ceasing of publication, not furnishing annual statement, or false statement, etc.
  • As the provision of imprisonment has been removed for most violations, the quantum of fines has been rationalised and converted to penalties to be imposed by the Press Registrar.

Supreme Court Collegium Recommends Appointment of 5 Additional Judges of Madras High Court as Per...

  • The Supreme Court Collegium recommended the appointment of five additional judges of the Madras High Court as permanent judges.
  • As per the resolution uploaded on the website of the apex court, the judges recommended for permanent judgeship are Justices A. A. Nakkiran, Nidumolu Mala, S. Sounthar, Sunder Mohan, and Kabali Kumaresh Babu.
  • As per the resolution, the Madras High Court's Collegium had unanimously recommended such appointment of the five judges in June this year (2023). The Chief Minister and Governor of Tamil Nadu concurred with the proposal.

Sep 01, 2023

Telangana HC Introduces Hybrid Mode of Hearing

  • In a forward step towards achieving paperless courts and to provide speedy justice, the Telangana High Court made the hybrid mode of hearing (both physical and virtual modes) as a permanent feature from September 1.
  • The administrative wing of TSHC said that all advocates, government pleaders, standing counsel, parties-in-person and stakeholders can be accessed through the web link and meeting ID of their respective courts.
  • Earlier, the virtual mode of hearing was conducted exclusively to meet the extraordinary Covid circumstances. However, senior advocates appearing from Delhi, Bombay and from other places had requested that they be allowed to put forward their submissions through virtual mode. Considering that the virtual mode of hearing may save time and expenses, the High Court allowed virtual meetings, albeit at a special session.
  • Capitalising on the technological advancements, the High Court opted for digitalization, which now comes in the form of hybrid mode of hearings.

Kerala High Court Appoints Separate Lawyer for Child in Custody Matter

  • Kerala High Court, for the first time, took an unprecedented step by assigning a dedicated lawyer to represent a minor in a child custody lawsuit.
  • The decision was prompted by the Court's recognition that amid a custody tug-of-war between the parents, there existed no advocate solely focused on safeguarding the child's welfare.
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