Constitution & Law Current Affairs - 2020

Summary of latest bill and acts passed or pending in 2019 in Parliament of India with their salient features and issues for Current Affairs 2019 preparation for various examinations such as UPSC, SSC, State Civil Services, CLAT, Judicial Services etc.

Ranjan Gogoi, the former Chief Justice of India nominated to Rajya Sabha by the President

On March 16, 2020, the President of India Ramnath Kovind nominated the former Chief Justice of India Ranjan Gogoi to Rajya Sabha. The former chief justice retired in November, 2019.

Article 80-Clause (3)

Under Clause (3) of article 80, the President has powers to nominate persons with special knowledge to the council of states. Such person shall have special knowledge in science, art, literature and social service.

What is council of states?

Rajya Sabha is called the council of states. The Council of states of defined by Article 80 of the constitution. The council of states consists of 12 members that are nominated by the President of India.

Other Clauses of Article 80

Apart from 12 members nominated by the president, the council of states also consists of representative from the states. These representatives should not exceed more than 280 in numbers from the states and union territories.

The representatives are elected by the members of legislative assembly in the state.

History

During British rule, the Council of State was the upper house of the legislature of British India. It was created under Government of India Act, 1919. The Viceroy or Governor General was the ex officio President of the council.

The Government of India act, 1919 implemented Montagu-Chelmsford reforms.

Montagu-Chelmsford Reforms

The reforms formed two houses namely Central legislative assembly and council of states. Also, the reforms introduced dual government system or dyarchy. The number of Indians in the Executive Council of Viceroy was increased from 3 to 8. A council of princes were set up. The Governor General was given powers to prorogue, summon and dissolve chambers and promulgate ordinances.

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Supreme Court CJI rules out limited shut down of the court

On February 15, 2020, the Chief Justice of India Bobde announced that total shutdown of Supreme Court and other courts are not possible. The SC on the other hand is to launch virtual courts. The SC Court commences on March 16, 2020 after Holi holidays

Legislation

Article 145 of the Constitution empowers Supreme Court to make its own rules in order to regulate procedure and practices of the court. The holidays, leaves and commencing of the Supreme Court are fixed by the court itself under the article.

According to the Article 145, Supreme Court Rules, 1950 were framed. These rules were amended in 1966, 2013 and 2015.

Under the rules, the SC adopted Rooster System

Rooster System

Under the Rooster system, the CJI is the person eligible to hear leave petitions, matters related to social justice, public interest, elections, criminal matters. He has powers to allocate cases to other justices as well. He also empowered to announce holidays for the court.

With these powers, in the wake of Corona Virus, the CJI has limited the operation of the SC.

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