Supreme court

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Rights of Minority Institutes not Absolute

Rights of Minority Institutes, not Absolute Part of: GS-II- Indian polity and SC judgement (PT-MAINS-PERSONALITY TEST) Recently, the Supreme Court of India gave its judgement on the admission criteria of minority institutions. It held that National Eligibility-cum-Entrance Test (NEET) is mandatory for admission to all medical colleges and the right of minority institutions is not absolute and is amenable to regulation. Background: Few colleges

Impeachment of a SC judge

Impeachment of an SC judge Recently four Supreme Court judges went public with charges against the Chief Justice of India. According to the constitution, a judge of the SC can be removed from his office by an order of the president. The president can issue the removal order only after an address by parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the parliament (i.e. a majority of the total

Plea unilaterally listed by SC official

Plea unilaterally listed by SC official Context: Noted civil rights lawyer Prashant Bhushan has approached the Supreme Court for a declaration that a defective contempt petition against him was unilaterally listed by the court’s Secretary General for judicial hearing before a Bench led by Justice Arun Mishra. News: The contempt petition was filed by Mahek Maheshwari against Mr. Bhushan’s tweet on a photograph of Chief Justice of India Sharad A. Bobde on a motorbik

02 August, 2020
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The subject of contempt of court

The subject of contempt of court Context Contempt proceedings have been initiated by the Supreme Court of India, on its own motion, against advocate-activist Prashant Bhushan. Contempt of Court: Contempt of court, is the offence of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies the authority, justice and dignity of the court. Contempt of court, as a concept, seeks to protect judicial institutions

02 August, 2020
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Court’s drift and chinks in the judiciary’s armour

Court’s drift and chinks in the judiciary’s armour Context: Recent past fortnight has seen two significant developments in connection with the Indian judiciary: the first was the decision of the Supreme Court of India in the matter of Prashant Bhushan’s contempt case, and the second was the retirement of Justice Arun Mishra. These events, in their own way, magnify the chinks in the armour of the Supreme Court. About Executive court: An Executive court is a

11 September, 2020
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HC has virtually taken over executive function: A.P Govt to SC

HC has virtually taken over executive function: A.P Govt to SC Andhra Pradesh government recently told the Supreme Court that Andhra Pradesh High Court has “virtually taken over the executive functions of the State”. What’s the issue? State government says that the High Court had “seriously violated the doctrine of Separation of Powers”. Besides, in doing so, the High Court has completely ignored the warning that the Supreme Court has, time and again,

Andhra Pradesh: Executive vs Judiciary

Andhra Pradesh: Executive vs Judiciary What is the issue? Andhra Pradesh CM wrote to the Chief Justice of India alleging that some High Court judges are hostile to his government and are deliberately striking down his regime’s decisions and orders. In effect, he has accused many judges of misconduct, corruption and political bias. Such an open conflict between the judiciary and a Chief Minister is without precedent. In view of the above, the CM urged the CJI to consider initia

Judicial reforms of India: Bail reforms

Judicial reforms of India: Bail reforms Discussions on bail reform usually arise when exceptional cases capture public attention. However, bail reform must begin by addressing two key facets of the criminal justice system: judicial discretion and monetary surety bonds. Judicial discretion The power to grant bail is a discretionary power vested in judges and it is meant to be exercised liberally. The Supreme Court has consistently reiterated that “bail is the rul

Supreme Court- Demand for a Southern bench by Bar Council

Supreme Court- Demand for a Southern bench by Bar Council Introduction West Bengal Chief Minister Mamata Banerjee asked why India should have only one capital and suggested that there be four. She suggested that Parliament sessions should be held in each of the four capitals in a rotating manner. A plan the nation cannot afford Four capitals would obviously mean having Parliament buildings in three other regions, too. If there are four capitals, accommodation for all t

NV Ramanna to be the next Chief Justice of India

NV Ramanna to be the next Chief Justice of India The current Chief Justice of India(CJI) has recommended Justice N.V. Ramana, the senior-most judge of the Supreme Court as the next CJI. About Chief Justice of India(CJI): The Chief Justice of India is the chief judge of the Supreme Court of India. He/she is also the highest-ranking officer of the Indian judiciary. Constitution on appointment of CJI: The Constitution of India does not have any specific provision for criteria and

SC's Verdict: People are Free to Choose Religion

SC's Verdict: People are Free to Choose Religion The Supreme Court refused to entertain a PIL seeking directions to the Centre to ban black magic, superstition, and deceitful religious conversion. What was the case filed? A petition was filed in the Supreme Court seeking to control black magic, superstition & mass religious conversion of SC/STs. The petition also mentions the religious conversions through intimidation, threats & gifts. The plea argued that such fo

The Collegium System

The Collegium System The Collegium System was introduced in response to executive interference in judicial appointments. However, this system has failed to protect judicial appointments from executive interference. It is due to the reasons like Post-retirement appointments of judges. At present, the collegium comprises of CJI (Chief Justice of India) and 4 senior-most judges of the Supreme Court. Despite various criticisms and attempts to reform the appointments and transfers process, the

Appointment of Chief Justice of India (CJI)

Appointment of Chief Justice of India (CJI) Justice Dhananjaya Y Chandrachud was recently appointed as India's 50th Chief Justice. He will serve for a period of two years before retiring on November 10, 2024. Regarding Article 124 The procedure for appointing the CJI is not mentioned in the Indian Constitution. The Constitution's Article 124 (1) simply states, "There shall be a Supreme Court of India consisting of a Chief Justice of India." Accordin

BCI Allows Foreign Lawyers to Practice in India

In Context of The Bar Council of India (BCI) recently approved the practise of foreign lawyers and law firms in India. While they can advise clients on International Law and work on corporate transactions, it is done with an exception allowing them to appear in court. About BCI Decision Rules for Registration and Regulation of Foreign Attorneys and Foreign Law Firms in India, 2022, were recently announced by the Bar Council of India (BCI), allowing foreign lawyers an

Advocate-on-Record system (AOR)

Recently, the Supreme Court (SC) pulled up an Advocate-on-Record (AoR) for filing a frivolous case before the court. AORs are a pool of elite Delhi-based lawyers whose legal practice is mostly before the SC but they can appear before other courts too. Need for AORs – A lawyer with special qualifications, picked by the Supreme Court itself, is equipped to appear for a litigant as the SC is a court of the last opportunity for the litigant. AoR is broadly based on the B

Bail in serious Crimes

The Supreme Court (SC) recently held that a plain assertion of innocence or a promise to co-operate in the trial by an accused is no ground to grant bail in a case of a serious nature. The SC also said the completion of investigation in a serious offence was not a default ground for bail.