Jan 31
Jan 20
Top court designates 56 lawyers as ‘senior advocates’
★ The top court administration on Friday afternoon released the list of 56 lawyers, including 11 women and 34 first-generation lawyers, chosen for the designation by the committee for designation of senior advocates (CDSA), which is headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud.
Who are ‘senior advocates’ ?
Mentioned in: Section 16 of the Advocates Act refers to the separate class of lawyers ie. ‘senior advocate’.
Designation Authority: They can be designated by both the Supreme Court and High Courts.
In Supreme Court: ‘Committee for Designation of Senior Advocates’ is a permanent committee which is entrusted with the function of designating senior advocates. It comprise of:
Chairperson: Chief Justice of India.
Members: Two senior-most Judges of the Supreme Court of India, Attorney General for India, A member of the Bar nominated by the Chairperson and Members.
Criteria: Merit, experience, special knowledge of the law and standing at the Bar.
Eligibility:
▸Ten years’ standing as an Advocate; or
▸Ten years combined standing as an Advocate and as a District and Sessions Judge or as a Judicial Member of any Tribunal
▸Attainment of the age of 45 years, unless the age limit is relaxed by the Committee, or the name has been recommended by the Chief Justice of India or a Judge of the Supreme Court.
Advantage: As per Section 23 of the Advocate Act, senior advocates shall have right of pre-audience over other lawyers and their right of pre-audience inter se shall be determined by their respective seniority.
Jan 19
Sub-categorisation of SCs: panel to look into even distribution of benefits
★ The Union government of India has taken a significant step by forming a committee of Secretaries to address the pressing issue of equitable distribution of benefits, schemes, and initiatives among the diverse Scheduled Castes (SCs) spread across the nation
☆ Sub-categorisation within castes refers to the process of creating sub-groups within the existing categories of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) for reservation and affirmative action
What about the previous attempts of Sub categorisation?
Demand of Madiga community– Union government had in 2005 considered legal options for sub-categorisation of SCs. Then Attorney General of India had said the Constitution can be amended to bring subcategorization within SCs, but there needs to be a mechanism to gather empirical evidence to prove the necessity of sub-categorisation.
Justice Ramachandra Raju Committee– It was formed by Andhra Pradesh which recommended the sub-categorisation of SCs in the State based on the evidence that some communities were more backward and had less representation than others.
E.V.Chinnaiah vs State of Andhra Pradesh– Supreme Court held that the State did not have the powers to unilaterally sub-categorise communities in the list of SCs or STs. The Constitution has provided that these lists can only be made by Parliament and notified by the President.
State of Punjab vs Davinder Singh- The Supreme Court upheld the validity of Punjab’s law to sub-classify SCs and give preference to Balmikis and Mazhabi Sikhs for reservation in services.
The contradiction between the 2004 and 2020 judgments has led to the 2020 judgment being referred to a larger Bench.
National Commission report– It was formed to study the issue in Andhra Pradesh and recommended an amendment to Article 341 of the Constitution.
Views of National Commissions for SCs and STs– They opposed the constitutional amendment and argued that Article 16(4) of the Constitution has already allowed States to make special provision for any backward classes.
Jan 14
Jan 13
Jan 11
Jan 10
Privileges panel to seek responses from 11 suspended Rajya Sabha MPs
- The Privileges Committee of the Rajya Sabha, in a meeting held in New Delhi decided to seek responses from 11 members suspended on charges of breach of privilege
- What are Parliamentary Privileges
- Parliamentary privileges are certain rights and immunities enjoyed by members of Parliament, individually and collectively, so that they can “effectively discharge their functions”. The Constitution (Article 105 for Parliament and Article 194 for State Assemblies) mentions such privileges..
- What is Privilege Committee
- The Privilege Committee is a Standing Committee. It examines the cases of breach of the privileges of the House and its members and recommends appropriate action.
- The Lok Sabha committee has 15 members, while the Rajya Sabha committee has 10 members.
- The procedure for dealing with questions of privilege in Rajya Sabha is laid down in Rules 187 to 203 of the Rules of Procedure and Conduct of Business in the Council of States.
- A question of privilege may be raised in the House only after obtaining the consent of the Chairman.
Regulation by statute does not rob a varsity of minority status, says SC
- A seven judge Bench headed by Chief Justice of India D.Y. Chandrachud observed that an educational institution does not lose its minority status merely on the ground that its administration is regulated by a statute.
- Current Legal Debate: It’s about whether these institutions lose minority status if regulated by law. Aligarh Muslim University, a central university, is debating if it can maintain its minority status despite being regulated by central laws.
- What is a Minority Education Institution
- Minority Status Definition: Educational institutions established or administered by a specific religious or linguistic minority group. For example, a college founded by a Christian missionary group specifically for Christian students.
- Regulation Impact: Such institutions remain minority institutions even if governed by general educational statutes. For instance, a Sikh-run school still retains its minority status even if it follows state educational regulations.
- Course Offerings: They can offer a mix of religious and secular courses. An Islamic university might offer religious studies alongside science and humanities courses.
- Article 30 Relevance: Under Article 30 of the Indian Constitution, minorities have the right to establish and run educational institutions. A Jewish educational institution in India, for example, is protected under this article.
Jan 9
The Supreme Court agreed to constitute a bench to hear a plea raising concerns regarding the collegium system in place
What is Collegium System?
- The Collegium of judges is the Indian Supreme Court’s invention.
- It does not figure in the Constitution, which says judges of the Supreme Court and High Courts are appointed by the President and speaks of a process of consultation.
- In effect, it is a system under which judges are appointed by an institution comprising judges.
- After some judges were superseded in the appointment of the CJI in the 1970s, and attempts made subsequently to effect a mass transfer of High Court judges across the country.
- Hence there was a perception that the independence of the judiciary was under threat. This resulted in a series of cases over the years.
What are The Judges Cases ?
- First Judges Case (1981) ruled that the “consultation” with the CJI in the matter of appointments must be full and effective.
- However, it rejected the idea that the CJI’s opinion, albeit carrying great weight, should have primacy.
- Second Judges Case (1993) introduced the Collegium system, holding that “consultation” really meant “concurrence”.
- It added that it was not the CJI’s individual opinion, but an institutional opinion formed in consultation with the two senior-most judges in the Supreme Court.
- Third Judges Case (1998): On a Presidential Reference for its opinion, the Supreme Court, in the Third Judges Case (1998) expanded the Collegium to a five-member body, comprising the CJI and four of his senior-most colleagues.
What is the procedure followed by Collegium ?
Appointment of CJI
- The President of India appoints the CJI and the other SC judges.
- As far as the CJI is concerned, the outgoing CJI recommends his successor.
- In practice, it has been strictly by seniority ever since the supersession controversy of the 1970s.
- The Union Law Minister forwards the recommendation to the PM who, in turn, advises the President.
Other SC Judges
- For other judges of the top court, the proposal is initiated by the CJI.
- The CJI consults the rest of the Collegium members, as well as the senior-most judge of the court hailing from the High Court to which the recommended person belongs.
- The consultees must record their opinions in writing and it should form part of the file.
- The Collegium sends the recommendation to the Law Minister, who forwards it to the Prime Minister to advise the President.
For High Courts
- The CJs of High Courts are appointed as per the policy of having Chief Justices from outside the respective States. The Collegium takes the call on the elevation.
- High Court judges are recommended by a Collegium comprising the CJI and two senior-most judges.
- The proposal, however, is initiated by the Chief Justice of the High Court concerned in consultation with two senior-most colleagues.
- The recommendation is sent to the Chief Minister, who advises the Governor to send the proposal to the Union Law Minister.
Q Does the Collegium recommend transfers too?
- Yes, the Collegium also recommends the transfer of Chief Justices and other judges.
- Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
- When a CJ is transferred, a replacement must also be simultaneously found for the High Court concerned. There can be an acting CJ in a High Court for not more than a month.
- In matters of transfers, the opinion of the CJI “is determinative”, and the consent of the judge concerned is not required.
- However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so.
- All transfers must be made in the public interest, that is, “for the betterment of the administration of justice”.
Jan 8
Jan 7
What are Simultaneous Elections ?
One Nation One Election refers to conducting simultaneous elections for the Lok Sabha and state assemblies, thereby synchronizing the election cycle and reducing the frequency of elections.
This would involve holding elections in all states and the Lok Sabha in a gap of five years, allowingvoters to cast their votes for both the LS and state assemblies on the same day, either simultaneously or in a phased manner.
By doing so, it aims to address the current situation where elections take place throughout the year due to staggered terms and premature dissolutions.
In India, simultaneous elections to the Lok Sabha (House of The People) and Vidhan Sabhas (State Legislative Assemblies) were held in the years 1951-52, 1957, 1962 and 1967. Thereafter, however, the schedule could not be maintained and the elections to the Lok Sabha and the Vidhan Sabhas have still not been realigned.
- New rules for granting symbols to new parties
Who allots election symbols to political parties in India:
- The Election Commission of India (ECI) is responsible for the allotment of symbols in elections.
- This allotment is regulated by The Election Symbols (Reservation and Allotment) Order, 1968, aimed at specifying, reserving, and allocating symbols for recognized political parties.
- Symbols can be either reserved (exclusive to recognized parties) or ‘free’ (available for unrecognized registered parties).
- Unrecognized parties can choose from free, non-exclusive symbols.
- These symbols can become free again for others to choose in subsequent elections.
- Recognized national and state parties receive exclusive symbols.
- The EC publishes lists of parties and their symbols in the Gazette of India.
- In the latest notifications, there are six national parties, 26 state parties, and 2,597 registered unrecognized parties.
Jan 5
Who allots election symbols to political parties in India:
- The Election Commission of India (ECI) is responsible for the allotment of symbols in elections.
- This allotment is regulated by The Election Symbols (Reservation and Allotment) Order, 1968, aimed at specifying, reserving, and allocating symbols for recognized political parties.
- Symbols can be either reserved (exclusive to recognized parties) or ‘free’ (available for unrecognized registered parties).
- Unrecognized parties can choose from free, non-exclusive symbols.
- These symbols can become free again for others to choose in subsequent elections.
- Recognized national and state parties receive exclusive symbols.
- The EC publishes lists of parties and their symbols in the Gazette of India.
- In the latest notifications, there are six national parties, 26 state parties, and 2,597 registered unrecognized parties.
Jan 4
Jan 3
✪ What is CAA Act ?
- The CAA, 2019 amends the Citizenship Act of 1955 to make illegal immigrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India on or before December 31 2014 eligible to apply for Indian citizenship.
- According to the Citizenship Act of 1955, a person must have resided in India (or been in the service of the Central Government) for at least 11 years in order to be eligible for citizenship. The amended Act reduces that period to five years for all migrants from these three countries belonging to these six religious communities.
- Exceptions: The provisions on citizenship for illegal migrants will not apply to two categories – states protected by the ‘Inner Line’, and areas covered under the Sixth Schedule of the Constitution
✪ What is the Procedure for Appointment of CEC and EC ?
Jan 2
☆ Sale of 30th tranche of electoral bonds to start from Jan 1
✪ What are Electoral Bonds?
★About:
▸State Bank of India is authorised to issue and encash these bonds.
▸Electoral bonds are purchased anonymously by donors and are valid for 15 days from the date of issue.
▸As debt instruments, these can be bought by donors from a bank, and the political party can then encash them.
▸These can be redeemed only by an eligible party by depositing the same in its designated account maintained with a bank.
▸The bonds are issued by SBI in denominations of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh and Rs 1 crore.
▸The bonds are available for purchase by any citizen of India for a period of ten days each in the months of January, April, July and October as may be specified by the Central Government.
★Eligibility:
▸Only the political parties registered under Section 29A of the Representation of the People Act, 1951
▸Secured not less than 1% of the votes polled in the last general election to the House of the People or the Legislative Assembly
✪ What is Financial Intelligence Unit ?
Jan 1
Geelani – funded outfit , declared “ unlawful body “
Union Home Ministry on Sunday declared Tehreek E Hurriyat Jammu and Kashmir ( TeH ) an “ unlawful association “ under section 3 of the anti terror law , the Unlawful Activities Prevention Act (UAPA ) .
The TeH is constituent of All Party Burriat Conference ( APHC ) and was founded by separatist Syed Ali Shah Gillani , who died in 2021.
- Section 3 of the UAPA Act: The government has powers to declare an association “unlawful”.
- Declaring an organisation an unlawful organisation include the criminalisation of its membership and the forfeiture of the properties of the organisation.
✪ What is UAPA Act ?
Pendency down, but petitioners disappointed in many cases
☆ The year 2023 saw the Supreme Court form Constitution Benches almost back-to-back to hear long-pending and contentious cases like the abrogation of Article 370, same-sex marriage and demonetization, but the results have left petitioners disappointed.
✪ What is a Constitutional Bench ?
★Constitutional bench – A constitution bench consists of at least five or more judges of the court which is set up to decide substantial questions of law with regard to the interpretation of the constitution in a case. provision for a constitution bench has been provided under Article 143.
★It is the Chief Justice of India who is constitutionally authorized to constitute a constitution bench . Current CJI – Dhananjaya Yeshwant Chandrachud
Proposals sought for final supplementary demands for grants
☆ According to the Department of Economic Affairs, the second and final batch of Supplementary Demands for Grants for 2023-2024 is proposed to be placed before the Parliament in the ensuing Budget Session.
✪ What is the Supplementary Demand for Grants?
★It is needed when the amount authorized by the Parliament through the appropriation act for a particular service for the current financial year is found to be insufficient for that year.
This grant is presented and passed by the Parliament before the end of the financial year.
★Article 115 pertains to supplementary, additional or excess grants.
Tags: Polity (Pre)