CLAT POST+

Justice Verma (Controversy, Judicial In-House Enquiry, and Transfers and Rules)

  • News Highlights:

    • In-house inquiry ordered for Delhi High Court Judge Justice Yashwant Varma after unaccounted cash was found at his residence.

    • A three-member committee was formed to investigate.

    • Transfer to Allahabad High Court was proposed.

  • Background:

    • Fire at Justice Varma's residence led to cash discovery.

    • Justice Varma denied knowledge.

    • Supreme Court sought security records and proposed transfer.

  • Origin of In-House Enquiry Mechanism:

    • 1995 Landmark Case (C. Ravichandran Iyer v. Justice A.M. Bhattacharjee): Formally recognized in-house enquiry.

    • Addressed financial impropriety allegations.

    • Identified gap between "bad behaviour" and "impeachable misbehaviour".

    • A five-member committee made recommendations adopted in December 1999.

  • Revised Procedure Post-2014 (Additional District Judge 'X' v. Registrar General, MP HC):

    • Complaint of sexual harassment against a High Court judge.

    • Justices J.S. Khehar and Arun Mishra restructured the procedure into a seven-step framework.

  • Steps in the In-House Process:

  1. Complaint submitted to Chief Justice (High Court or India) or President.

  2. CJI assesses the complaint, may request a report from High Court Chief Justice.

  3. If credible, CJI forms a three-member inquiry committee.

  4. Committee determines procedures adhering to natural justice.

  5. Committee submits a report to the CJI.

  6. If misconduct doesn't warrant removal, the CJI may issue an advisory.

  7. If misconduct warrants removal, the CJI advises resignation. If refused, no judicial work is assigned, and the President and Prime Minister are informed to recommends formal removal proceedings.

  • Appointment and Removal of Judges:

    • Appointment of Chief Justice of India:

    • Appointed by the President based on outgoing CJI's recommendation and seniority (Article 124(2)).

    • Appointment of Supreme Court Judges:

    • Initiated by CJI, consulting Collegium members and senior-most High Court judge.

    • Appointment of Chief Justice of High Court:

    • SC Collegium selects a judge from outside the State.

    • Appointment of High Court Judges:

    • Initiated by outgoing Chief Justice, consulting two senior-most judges.

  • Constitutional Provisions on Judicial Impeachment:

    • Articles: 124(4), (5), 217, 218, Judges (Inquiry) Act, 1968.

    • Impeachment motion: Introduced in either Lok Sabha or Rajya Sabha.

    • Three-member inquiry committee: SC judge, High Court Chief Justice, eminent jurist.

    • Motion passage: Requires 2/32/3 majority and >50% of total membership.

    • President's order: Issues order for removal if passed.

  • Procedure for Impeachment:

    • Grounds for Removal:

    • Proved misbehaviour: ethical misconduct, corruption.

    • Incapacity: inability to perform judicial functions.

    • Removal Proceedings Against Indian Judges:

  1. Justice V. Ramaswami (1993): Failed to secure majority.

  2. Justice Soumitra Sen (2011): Resigned before Lok Sabha proceedings.

  3. Justice J.B. Pardiwala (2015): Remarks expunged.

  4. Justice S.K. Gangele (2015): Motion dropped.

  5. Justice C.V. Nagarjuna Reddy (2017): Motion did not progress.

  • Collegium System in the Indian Supreme Court:

    • Definition and Legal Status:

    • Judicially evolved mechanism for appointments and transfers of judges.

    • No statutory backing.

    • Evolution of the Collegium System:

    • First Judges Case (1981): Primacy to Executive.

    • Second Judges Case (1993): Primacy to Judiciary; CJI's opinion formed with two senior-most judges.

    • Third Judges Case (1998): Collegium expanded to CJI and four senior-most judges.

    • Composition of the Collegium:

    • Supreme Court Collegium: CJI and four senior-most judges.

    • High Court Collegium: Chief Justice and two senior-most judges.

  • Role of the Executive: Processes recommendations, may seek one-time reconsideration, but must accept reiteration.

  • 99th Constitutional Amendment Act, 2014:

    • Objective: Replace collegium with National Judicial Appointments Commission (NJAC) for transparency.

    • Legislative Journey:

    • Passed in 2014, received assent, enforced April 13, 2015.

    • Ratified by 16 states.

    • Constitutional Provisions Introduced:

    • Article 124A: Composition of NJAC.

    • Article 124B: Functions of NJAC.

    • Article 124C: Parliament to regulate NJAC.

    • National Judicial Appointments Commission Act, 2014:

    • Detailed procedures for judicial appointments.

  • Striking Down the NJAC - Fourth Judges Case (2015):

    • Background: Supreme Court evaluated constitutionality of NJAC.

    • Legal Challenge: Challenged by SCAORA for undermining judicial independence.

    • Supreme Court Verdict: Declared NJAC unconstitutional (4:1), compromising judicial independence.

Parliament Hikes MPs Salary and 8th Pay Commission

  • News Highlights: 24% hike in salaries and pensions for MPs, effective April 1, 2023.

  • Key Details of the Hike:

    • Salary Increase: ₹1 lakh to ₹1.24 lakh.

    • Daily Allowance: ₹2,000 to ₹2,500.

    • Pension: ₹25,000 to ₹31,000.

  • Constitutional and Legal Basis:

    • Governed by the Salary, Allowances and Pension of Members of Parliament Act, 1954.

    • Article 106 empowers Parliament to determine salaries.

  • Traditional Legislative Procedure: Salary hike required a bill in Parliament.

  • Reform Through Finance Act, 2018: Automatic revision via Cost Inflation Index (CII).

  • Role of the President of India: Salary bills sent to President for assent.

  • Pay Commissions (PCs): Expert bodies to review and recommend revisions.

  • 8th Pay Commission: Approved to benefit government employees and pensioners.

    • Primary objective: Revise Dearness Allowance (DA) and Dearness Relief (DR) using CPI-IW data.

X Files a case against Union Government and Sahyog Portal

  • News Highlights: X sued Union Government over SAHYOG portal, claiming censorship.

  • Legal Framework:

    • Section 69A of the IT Act, 2000: Empowers content blocking.

    • Section 79 of the IT Act, 2000: Provides "safe harbour" protection.

  • Sahyog Portal Launched in October 2024:

    • Streamlines reporting and removing unlawful content.

    • Allows 7,400+ officials to flag content.

  • X’s Concerns:

    • SAHYOG creates a backdoor for censorship without judicial scrutiny.

    • Lacks appeal mechanism and accountability.

  • The Government’s Stance: SAHYOG is a notification tool for legal obligations.

  • Relief Sought by X:

    • Invalidate takedown notices via SAHYOG.

  • Safe Harbour Protection in India: Section 79(1) shields intermediaries.

Rising Concerns over Section 44(3) of new data protection law weakening RTI Act in India

  • News Highlights: Concerns over Section 44(3) of DPDP Act, 2023, limiting public access to information.

  • Section 44(3) of the DPDP Act: Simplifies exemption for personal information.

  • Activists' Concerns: Government agencies may block information crucial for accountability.

  • Government’s Defense: Harmonise privacy with right to information; salaries of public officials remain accessible.

  • Constitutional: Right to Information derived from Article 19(1)(a) and Article 21.

  • Freedom of Information Act, 2002: Never notified.

  • RTI Act, 2005: Replaced the 2002 Act.

  • The Digital Personal Data Protection Act:

    • B.N. Srikrishna Committee drafted data protection law.

    • Regulates processing of personal data, ensures data protection.

    • Key Provisions: data protection principles, breach notification, Data Protection Board.

Supreme Court Order on Tamil Nadu Governor Issue

  • News Highlights: Supreme Court declared Tamil Nadu Governor's refusal to assent to bills as illegal.

  • The Tamil Nadu Case: Governor withheld/reserved bills without communication.

  • Article 200 of the Indian Constitution provides: Governor options: assent, withhold, return, reserve.

  • TIME-BOUND GUIDELINES FOR GOVERNORS:

    • Assent or reservation: 1 month.

    • Return of Bill: 3 months.

    • Reservation: 3 months.

    • Assent after reconsideration: 1 month.

    • SC Powers of the Governor: Governor RN Ravi

    • Role of the President and Article 201

  • Constitutional Provisions and Powers of the Governor:

  • Article 153: Office of the Governor

  • Article 154: Executive Power of the State, exercised on advice of ministers.

26/11 conspirator Tahawwur Rana extradited

  • News Highlights: Tahawwur Hussain Rana extradited from the U.S. to India.

  • Who is Tahawwur Rana and What Are the Charges?

    • Former Pakistani military doctor, aided David Headley's reconnaissance missions.

  • India–United States Extradition Treaty (1997): Legal basis for extradition.

    • Legal Framework Governing Tahawwur Rana’s Extradition: Title 13, Section 3184 of US Code and Extradition 1962 of India, Section 31

    • What Awaits Rana in India?: faces multiple charges under the Indian Penal Code (IPC), including murder, conspiracy to wage war against India, terrorism-related offenses

Parliament Passes Waqf Amendment Bill

  • News Highlights: On April 4, 2025, the Waqf (Amendment) Bill, 2025 was passed in the Rajya Sabha

  • Waqf: History and Evolution: A Waqf can be established through a written deed, legal instrument, or even orally

  • Structure of the Waqf Act, 1995: The Waqf Act of 1995 governs the management of Waqf properties in India, establishing state Waqf boards and the Central Waqf Council to oversee administration. The timelines of the Waqf Amendment Bill2025: 36 meetings, 97 lakh+ memoranda received. Consultations: Religious groups (Sunni Jamiyatul Ulama, AIMPLB) Key Provisions of the Waqf Amendment Act 2025 is referred to as the UMEED Act,

  • Key Changes in Waqf Management Dispute Resolution: Senior government officer decides disputes. Appeal to High Court: New provision introduced. Financial Reforms: Waqf contribution to Boards reduced to 5%. Mandatory audits for properties earning ₹1 lakh+ annually.

  • Supreme Court Review of the Waqf (Amendment) Act, 2025 Key Provisions Under Judicial Scrutiny Inclusion of Non-Muslim Members in Waqf Boards, Restrictions on Waqf Creation, Exclusion of 'Waqf by User'

Telangana becomes first State to notify categorisation of Scheduled Castes after Supreme Court verdict

  • News Highlights: The Act received the Governor’s assent on April 8, 2025, and the gazette was officially published on April 14, 2025 Governor of Telangana is Shri Jishnu Dev Varma

  • The Shamim Akhtar Commission examined over 8,600 representations from SC communities and recommended a three-tier classification

  • SC Sub-Categorisation Implementation: Telangana has operationalised the Telangana Scheduled Castes (Rationalisation of Reservations) Act 2025 by categorising SCs into three groups: 1, 2, and 3

  • Telangana is the first state to act on the Supreme Court’s August 1, 2024 judgment, which upheld the constitutionality of SC and ST sub- categorisation
    Implementation of Sub-Categorisation: The categorisation is based on the socio-economic, educational, political, and employment status of SC communities. Recruitment to government jobs will now be based on the categorisation Future Enhancements: The Census 2026 will provide updated data, which may lead to further enhancement of reservations
    Relevant Constitutional Provisions: permits reasonable classification to achieve substantive equality.

  • Judicial Interpretations:E.V. Chinnaiah v. State of Andhra Pradesh (2004), State of Punjab v. Davinder Singh (2024),Judgment and Ratio Decidendi

Tamil Nadu Forms Committee to Review Centre- State Relation under Justice Kurian Joseph

  • New Highlights: On April 15, 2025, Tamil Nadu Chief Minister M.K. Stalin announced the formation of a high-level committee aimed at strengthening state autonomy and improving Centre-State relations. The committee will be headed by Justice Kurian Joseph, former Supreme Court judge

  • Committee Composition: The three-member committee is headed by Justice Kurian Joseph, and includes Ashok Vardhan Shetty, M. Naganathan
    Dr. P.V. Rajamannar Historical Context: In 1969, then Chief Minister C.N. Annadurai established the Centre-State Relations Inquiry Committee under Dr. P.V. Rajamannar to study and recommend steps for State autonomy.
    Tamil Nadu’s Grievances and Policy Conflicts with Center:

  • NEET (National Eligibility-cum-Entrance Test) 2. Financial Autonomy: Only 29 paise for every rupee it contributes to the Union. 3. Delimitation Concerns (2026): Reduction in parliamentary representation
    Commissions on Centre-State Relations in India:1. First Administrative Reforms Commission (ARC) Rajamannar Committee – 1969 3 Sarkaria Commission – 19834 Punchhi Commission – 2007 Powers of the Governor and Supreme Court Directions on Assent

Bhagavad Gita and Natyashastra added to UNESCO’s Memory of the World Register

  • On April 17, 2025, UNESCO inscribed manuscripts of the Bhagavad Gita and Bharata’s Natyashastra on its Memory of the World Register.

  • The UNESCO Memory of the World Programme was launched in 1992 to preserve the documentary heritage of humanity, including manuscripts, audio-visual materials, and archival records. The