Today’s Legal Updates

Wednesday, 22nd March 2023

Legal Awareness: – CONSTITUTION OF INDIA

Part – Vl THE STATES

CHAPTER- V THE HIGH COURTS IN THE STATES

Article – 217 Appointment and conditions of the office of a Judge of a High Court.

  1. Every Judge of a High Court shall be appointed by the President by warrant under his hand and seal after consultation with the Chief Justice of India, the Governor of the State, and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court, and shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years.
    Provided that—
    (a) a Judge may, by writing under his hand addressed to the President, resign his office;
    (b) a Judge may be removed from his office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge of the Supreme Court;
    (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.
  2. A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and—
    (a) has for at least ten years held a judicial office in the territory of India; or
    (b) has for at least ten years been an advocate of a High Court or of two or more such Courts in succession;
    • Explanation.—For the purposes of this clause—
      • (a) in computing the period during which a person has held judicial office in the territory of India, there shall be included any period, after he has held any judicial office, during which the person has been an advocate of a High Court or has held the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law;
      • (aa) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law] after he became an advocate.
      • (b) in computing the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of this Constitution during which he has held judicial office in any area which was comprised before the fifteenth day of August, 1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any High Court in any such area, as the case may be.
  3. If any question arises as to the age of a Judge of a High Court, the question shall be decided by the President after consultation with the Chief Justice of India and the decision of the President shall be final.

Today’s Legal Updates: 

  1. On Wednesday Chief Justice of India (CJI) DY Chandrachud expressed concern on the selective quoting of judgments as well as speeches of judges by journalists.
  2. On Wednesday Chief Justice of India (CJI) DY Chandrachud flagged the menace of fake news in the country.
  3. On Wednesday the Madras High Court reserved orders on a batch of pleas filed by former Tamil Nadu Deputy Chief Minister O Paneerselvam (OPS) and three other expelled AIADMK party members seeking, among other reliefs, that the party be restrained from giving effect to its July 11, 2022 General Council resolutions.
  4. On Wednesday the Central government has told the Delhi High Court the bar on married men or women from being considered for the Judge Advocate General (JAG) department, the legal wing of the Indian Army is a reasonable restriction placed in public interest and national security.
  5. On Wednesday the Patiala House Court Delhi remanded Kashmiri journalist Irfan Mehraj to National Investigation Agency (NIA) custody for 10 days in an Unlawful Activities Prevention Act (UAPA) case related to terror funding in the Kashmir valley.
  6. On Wednesday the Delhi High Court has reserved its judgement in the bail plea moved by former Delhi cabinet minister and senior Aam Aadmi Party (AAP) leader Satyendar Jain in the money laundering case against him.
  7. On Wednesday the Kerala High Cour disposed of a public interest litigation (PIL) petition seeking directions to block the international encrypted instant messaging service, Telegram, in India.  (Athena Soloman v Union of India & Ors.)
  8. On Tuesday the Supreme Court Collegium expressed its displeasure over Central government refusing to clear the recommendation to appoint advocate R John Sathyan as a judge of Madras High Court.
  9. On Wednesday the Bombay High Court observed that women in our society often hesitate to report such offences while quashing an order that discharged a male teacher who sexually harassed a female teacher.  (XYZ v. State of Maharashtra)
  10. On Wednesday Trilegal has appointed Dr. Avnish Kshatriya as its new Chief Digital Officer (CDO), the latest leadership hire in the firm’s continuing transformation journey to be future-ready and enhance client satisfaction.
  11. On Tuesday the Supreme Court Collegium in its meeting reiterated the name of Senior Advocate Harpreet Singh Brar for elevation as a judge of the Punjab & Haryana High Court.
  12. On Tuesday the Supreme Court overruled its 2015 decision in Union of India v. Major General Shri Kant Sharma which had held that High Courts do not have the power to entertain petitions under Article 226 challenging orders of the Armed Forces Tribunal (AFT) under writ jurisdiction. (Union of India v Parashotam Dass)
  13. On Tuesday the Supreme Court Collegium headed by Chief Justice of India, DY Chandrachud, recommended the appointment of four district judges as judges of Madras High Court.
  14. On Wednesday A petition has been filed before the Supreme Court challenging a 2022 circular of the Madhya Pradesh government directing private schools to conduct final examinations for class 5 to 8 students in the pattern of board examinations with State Council of Educational Research & Training (SCERT) syllabus. (Ashaskiya Vidyalaya Pariwar v State of MP)
  15. On Wednesday the Supreme Court granted bail to the 23-year-old law intern of a practicing Muslim advocate who had alleged that the ‘communal frenzy’ in Indore was preventing her from filing bail application before courts in Madhya Pradesh (MP). (Noorjahan @ Noori and anr v. State of Madhya Pradesh)
  16. On Wednesday A Delhi court remanded Aam Aadmi Party leader and former Delhi Deputy Chief Minister Manish Sisodia to judicial custody till 5th April in the money laundering case initiated by the Enforcement Directorate (ED) in relation to the Delhi excise policy scam.
  17. On Wednesday the Allahabad High Court observed that cases involving heinous offences such as rape and molestation of minors under the Protection of Children from Sexual Offences (POCSO) Act, 2012, cannot be quashed merely because the accused and complainant have entered into a compromise. (Om Prakash v State)
  18. On Wednesday the Chief Justice of India (CJI) DY Chandrachud said that since the Supreme Court judges find it difficult to read High Court judgment copies with watermark, advocates ought to comply with the registry’s directions to type out entire judgments without the watermark.
  19. On Wednesday the Central government informed the Delhi High Court that there are at least 120 petitions pending before various High Courts across the country challenging the provisions of the Waqf Act, 1995.  (Ashwini Kumar Upadhyay v Union of India and Ors)
  20. On Tuesday the Punjab and Haryana High Court granted anticipatory bail to former Deputy Chief Minister Sukhbir Singh Badal booked for allegedly facilitating the Kotkapura firing in which several protestors were injured by the police.  (Sukhbir Singh Badal vs State of Punjab)
  21. On Tuesday the Supreme Court said death penalty should be handed down to a convict only if there is no possibility of his or her reformation. (Sundar @ Sundarrajan vs State Rep by Inspector of Police)
  22. The Delhi High Court Women Lawyers Forum (DHCWLF) on Friday hosted its annual tea soirée with Delhi High Court judges in attendance.
  23. On Tuesday Actor and social activist Chetan Kumar was sent to 14-day judicial custody by a Bengaluru Court for the offence of hurting religious sentiments.
  24. Last Year the Supreme Court directed all High Courts to ensure that bail orders reflect details of the first information reports (FIRs) like the FIR number, offences allegedly committed, police station in which case is registered, and dates involved.  (Ravish Kumar vs State of Bihar)
  25. On Tuesday the Bombay High Court upheld orders denying permission to a housing society in Mumbai’s plush Malabar Hill area to amend its bye-laws so as to cap membership of each community at 5 percent of the society’s total membership.  (Blue Haven Co-op. Housing Society Ltd. vs State of Maharashtra)

Legal Prudent Fraternity