Showing posts with label Supreme Court. Show all posts
Jan 29, 2016
Justice Sanjay Mishra appointed as Lokayukta of Uttar Pradesh
Justice Sanjay Mishra has been appointed as Lokayukta of Uttar Pradesh. His appointment was approved by the Supreme Court.
In this regard, the apex court recalled its earlier order of appointing Justice Virendra Singh as Lokayukta of UP after objections were raised against Singh’s appointment.
- Earlier in December 2015, SC in its ruling had passed order appointing Justice Virendra Singh as Lokayukta of Uttar Pradesh using its extraordinary powers under Article 142 of the Constitution.
- Court’s order came after repeated failure of the state government to comply with the court’s directives in the appointment of Lokayukta.
Dec 17, 2015
SC appoints retired Justice Virendra Singh as UP Lokayukta
The Supreme Court has appointed Justice (Retd) Virendra Singh as new Lokayukta of Uttar Pradesh.
The first of its kind order given , the SC has invoked its constitutional power and appointed retired HC judge as UP Lokayukta after state machinery failed to appoint it. the appointment straightaway by exercising its extraordinary powers under Article 142 of the Constitution.
The Supreme Court observed that
- The failure of constitutional functionaries to comply with the orders of the apex court of the country is deeply regretted and astonishing.
- Expressed displeasure that Chief Minister, leader of opposition and Chief Justice of High Court failed to comply with its order.
Justice (Retd) Virendra Singh is a native of western Uttar Pradesh. He has served as Judge of Allahabad High Court from 2009 to 2011 and had superannuated in 2011.
Background
The Supreme Court’s order came after State Selection Panel of Lokayukta comprising Chief Minister Akhilesh Yadav, leader of Opposition (LoP) Swami Prasad Maurya and Chief Justice of Allahabad high court Justice DY Chandrachud could not reach on any consensus.
What is Lokayukta?
- Lok Ayukta is an anti-corruption ombudsman organization in the Indian states.
- The LokAyukta, along with the Income Tax Department and the Anti Corruption Bureau, mainly helps people publicise corruption among the Politicians and Government Officials.
- Maharashtra was the first state to introduce the institution of Lokayukta through The Lokayukta and Upa-Lokayuktas Act in 1971
- Karnataka Lokayukta is considered as the most powerful Lokayukta in the country.
Nov 19, 2015
Justice T.S.Thakur appointed as 43rd Chief Justice of India
President Pranab Mukherjee has appointed Justice T.S. Thakur as the Chief Justice of India (CJI) as per provisions of Article 124 of Constitution.
T.S. Thakur will be 43rd Chief Justice of India and his appointment will come into effect from 3 December 2015. He will have tenure till January 3, 2017 i.e. till he attains the age of 65.
Background
The incumbent CJI H.L. Dattu had recommended Justice Thakur’s name for this top most post of Indian Judiciary, as he was senior-most judge of the apex court. Following the recommendation, the Union Law Ministry had processed his file and sent it to the Prime Minister’s Office (PMO) for approval. From the PMO after its approval the file was forwarded to the President of India for approval.
Nov 5, 2015
Justice T.S Thakur appointed as next Chief Justice of India
Justice T S Thakur (63) will be next Chief Justice of India. His name has been recommended by current CJI Justice H L Dattu. Current CJI Justice H L Dattu will retire on December 2, 2015. Presently, Justice Thakur is the senior most judge of the Supreme Court. He would be the 43rd CJI.About Justice Thakur
Justice Thakur was born on January 4, 1952 and enrolled as a Pleader in October 1972. Later, he started practising in the Jammu and Kashmir High Court. His father D D Thakur was an eminent advocate who became a judge of J& K High Court and later also as a union minister. Justice Thakur worked in Karnataka High Court, Delhi High Court and Punjab and Haryana High Court. He worked as Chief Justice of both Delhi High Court and Punjab and Haryana High Court. Later on November 17, 2009, Justice Thakur was elevated as a judge of the Supreme Court. He would retire as CJ on January 4, 2017. Justice Thakur was head of the bench, which dealt with IPL spot-fixing scam. He was also head of the bench which is monitoring the probe in the Saradha chit fund scam case.Nov 4, 2015
Daughters cannot inherit ancestral property if father died before 2005: SC
Supreme Court has ruled that a daughter’s right to ancestral property does not arise if the father died before Hindu Succession (Amendment) Act, 2005 came into force in 2005.
This judgement invalidating retrospective effect of Hindu Succession (Amendment) Act, 2005 was given by a SC bench comprising of Justices Anil R Dave and Adarsh K Goel.
SC ruled that
- The date of a daughter becoming co-parcener in to ancestral property will be valid on and from the commencement of the amendment Act.
- Daughter can become a co-sharer with her male siblings if father was alive on 9th of September, 2005 i.e. date on which act came into force.
The landmark Hindu Succession (Amendment) Act, 2005 was passed to amend the Hindu Succession Act, 1956 in order to give daughters equal inheritance rights in ancestral property along with her male siblings.
Prior to enactment of this act, women were just able to only able to ask for sustenance from a joint Hindu family and could not ask for a share in the property.
Oct 16, 2015
Supreme Court declares NJAC unconstitutional
Supreme Court has declared National Judicial Appointments Commission (NJAC) Act, 2014 and 99th Constitutional Amendment Act, 2014 unconstitutional and void.
Ruling in this regard was given by five-judge Constitutional Bench of SC headed by Justice J S Khehar on a petition were filed by Supreme Court Advocates on Record Association (SCAORA) and others.
SC bench has held that Collegium system will remain operative which was established by its earlier ruling of in 1993 for the appointment of judges to the higher judiciary.
The petitions had challenged the new law on the selection and appointment of judges mentioning that it is unconstitutional and aimed at hurting the independence of judiciary.
Oct 15, 2015
SC Permits voluntary use of Aadhaar Cards in Welfare Schemes
Supreme Court has permitted Union Government to voluntary use Aadhaar card scheme in Welfare Schemes. It has been extended for schemes like MGNREGA, PM’s Jan Dhan Yojana, all types of pension schemes and EPF.
The apex court modified its earlier order which restricted use of Aadhaar to public distribution system (LPG) and LPG (cooking gas) subsidy.
The modified order was ruled by five-judge Constitution Bench headed by Chief Justice H L Dattu and mentioned that Aadhaar card scheme is purely voluntary and not mandatory.
Oct 8, 2015
SC refuses to allow voluntary use of Aadhaar card for welfare schemes
Supreme Court has refused to allow some states and statutory bodies like RBI, SEBI to voluntary use of Aadhaar card for welfare schemes other than PDS and LPG schemes.
Ruling in this regard was given by SC bench headed by Justice J Chelameswar and made it clear modification in this matter will be heard by a larger constitution bench of SC.
This order was given by SC on applications of Union Government, RBI, IRDA, SEBI, TRAI, Pension Fund Regulatory Authority and states like Gujarat and Jharkhand.
They have pitched strongly for voluntary use of Aadhaar cards for providing benefits of various schemes, other than PDS and LPG for the aged and the weaker sections.
Sep 18, 2015
SC stays implementation of Haryana Panchayati Raj (Amendment) Act, 2015
The Supreme Court (SC) has stayed the implementation of the Haryana Panchayati Raj (Amendment) Act, 2015.
The bill which was passed recently sets mandatory minimum qualification for candidates contesting Panchayati elections.
The stayed order was issued by a SC bench headed by Justice J Chelameswar on petitions challenging the validity of the Act. The SC bench also issued notices to the Haryana government and the State Election Commission seeking their response in 4 weeks.
Background
- Earlier in September 2015, Haryana legislative assembly had passed this amendment bill in order to improve the quality of leadership, accountability and governance in Panchayati Raj institutions (PRIs).
- The amendment act has set mandatory minimum qualification of Class 10 pass for the men contesting in general category and Class 8 pass for women in general category. While women in the Scheduled Caste category need to be Class 5 pass to be eligible.
- Soon after the act got assent, state government had notified the changes in conditions of eligibility for panchyat elections on 8 September 2015, a day prior to the opening of nominations elections.
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