Supreme Court Of India Much More Open To Evoke International Law Than Apex Courts Of Other Countries : ICJ Judge Hilary Charlesworth
https://www.livelaw.in/top-stories/supreme-court-of-india-much-more-open-to-evoke-international-law-than-apex-courts-of-other-countries-icj-judge-hilary-charlesworth-249174

Important Article Dealt with
International current jurisprudence, problems of politics, independence of judiciary, gender and other issues.

“ The position that whether the Court should have compulsory jurisdiction was championed by smaller states such as New Zealand and Australia. But ultimately the view of the Soviet Union, United States and United Kingdom prevailed and that was that the jurisdiction should be voluntary and that is the situation today.”
The International Justice enunciated the three ways, the jurisdiction of the ICJ could be evoked: (1) By mutual consent of the two states involved, for eg. the ongoing territorial dispute between the coastal countries of Guatemala and Balise which was submitted mutually; (2) Treaties entered between the parties which grant the ICJ jurisdiction over the legal dispute. The recent evocation of Article 19 of the Genocide Convention by South Africa against the State of Isreal is a classic example of this point. Other such conventions incorporating a jurisdictional clause include the CEDAW, the Convention on Elimination of Racial Discrimination and the Convention Against Torture; (3) Standing declaration made by Nation States accepting the compulsory jurisdiction of the ICJ. So far only 1/3rd of the UN members have made such declarations including India (with certain exceptions), Australia, Canada and the United Kingdom
Implementation of Judicial Decisions Dependent Upon The UNSC
Justice Charlesworth explained that, unlike the domestic courts, the ICJ is devoid of having any powers on enforcement of its judgements including those considered binding on the parties involved.
However, Article 94 of the UN Charter provides that all member states undertake to abide by the decisions of the ICJ and therefore it is at their discretion to ensure that they fulfil this undertaking. Additionally, within the said provision, nation-states do have the choice of making a request to the UNSC in “making recommendations or deciding upon the measures to give effect to the judgement.”
Expressing concerns on the UNSC's inefficiency in exercising its powers critical for enforcement of ICJ decision, Justice Charlesworth opined, “ However what is striking now is that the UNSC has now in 8 decades has never exercised those powers that it has. The use of the Veto by one of the 5 permanent members of the UNSC can really effectively stymie that route of enforcement”

Video: https://youtu.be/8rK1eOnC1Sg

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'Could Preamble Have Been Amended While Keeping The Date Intact?' Supreme Court Asks In Plea To Delete Words "Socialist" & "Secular"
https://www.livelaw.in/top-stories/supreme-court-plea-to-delete-words-socialist-secular-from-preamble-249043

Let's us Debate on Reservation Reforms

What's your opinion (mention that you are getting it or not because ultimately it matters during a debate)
1. Deservation Required? How
2. Substitute or any out of the box solution to this inequality problem.
3. Quota within quota, creamy layer, expansion of vacancies.
4. Any solution to care based vote bank??
5. Problems faced by Brahmin, Why reservation.
6. Reservation to Every institution? Even for R&AW, if not then why no similar exemption for other relevant institutions like medical or legal fields
7. SC/ST Atrocities Act not applicable to OBCs then why no extra reservation for SC ST (they suffer more)

Common question to be answered 👇
Comment on RESERVATION REFORMS 2024 After 75 Years of Independence

2 min Video link just for small opinion on it.
https://youtu.be/QjbnSAgeW6c


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Explained: What NRC+CAA means to you | Explained News - The Indian Express
https://indianexpress.com/article/explained/explained-citizenship-amendment-act-nrc-caa-means-6180033/

Either Watch a video for better exposition or read.

Reading is very important for you all but if you have tried and still unable to get your concepts clear ask doubts and watch a video on it then think where your comprehension read wrong.

This will happen for very few times gradually you comprehension will improve it is s continuous process.

Remember this- https://t.me/CurrentLegalGK/1521

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Appointment Of Deputy Chief Ministers Not Unconstitutional : Supreme Court
https://www.livelaw.in/top-stories/appointment-of-deputy-chief-ministers-not-unconstitutional-supreme-court-249243

Explainer | Aligarh Muslim University Minority Status Case : Issues & Arguments In Supreme Court
https://www.livelaw.in/top-stories/explainer-aligarh-muslim-university-minority-status-case-issues-arguments-in-supreme-court-249167

From The Bench: Key Points Of Obersvation During Hearings

1. Multiple Facets of Article 30

The bench observed that the expression 'Establish' or 'Establishment' is rooted in the founding moment in time, whereas 'Administer' meant something which is a continuing exercise and doesn't fix itself to a specific moment in the past. The expression 'Of their Choice' implies that a minority community not only has the option to establish an institution but also the freedom to designate another entity for its administration, without jeopardizing the minority status of the institution.

2. Constitutional Rights cannot be Subservient to Statutory Rights -

In light of the argument made by the centre that the rights under Article 30 could only be realised by an enabling provision or statutory framework, the CJI remarked it would be overboard to assert that the right to establish a minority institution is solely contingent upon recognition by an enabling legislation. This would lead to a vague conclusion that a constitutional right can be overlooked by a statutory right.

3. Parliament's Unfettered Law-Making Power -

Time and again when the Centre submitted their non-acceptance of the 1981 Amendment, the CJI would caution the counsels not to make arguments which may hinder the unfettered law-making powers of the Parliament. Especially so when it is within the legislature's domain to take a certain view while dealing with terms like 'established' within the Act. the CJI stressed that one cannot argue to the extent of diluting the powers of the Parliament and the amendments that it can make. According to the CJI, The Parliament is an indestructible, indivisible and continuous entity.

4. Establishment Under Imperial Statute Doesn't Indicate Surrender of Minority Status -

The historical context in which the AMU Act came into existence and the founding purpose of the legislation has to be seen while keeping in mind that during the British Raj, all regulatory frameworks were created to ensure that nothing overpowers the imperial hegemony. CJI opined that the surrendering of rights by the Founders of the AMU has been interpreted in the strictest sense possible.

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'Forget Wright brothers, it was an Indian who first flew a plane in 1895' | Latest News India - Hindustan Times
https://www.hindustantimes.com/india/forget-wright-brothers-it-was-an-indian-who-first-flew-a-plane-in-1895/story-2GTM5NWOELK6HwNFiUOgAO.html

Bilkis Bano Case : Gujarat Govt Files Review Petition Against Supreme Court's Adverse Remarks
https://www.livelaw.in/top-stories/supreme-court-bilkis-bano-gujarat-government-review-petition-remarks-expunged-249410

5th anniversary of Pulwama attack: What happened on that day and since? - India News News
https://www.wionews.com/india-news/4th-anniversary-of-pulwama-attack-what-happened-on-that-day-and-since-561999

Politics in pulwama attack-
https://www.wionews.com/india-news/explained-times-when-pulwama-terror-attack-became-a-flashpoint-in-indian-politics-583788

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Significance of Basant Panchami (Saraswati Puja) - India Parenting
https://www.indiaparenting.com/saraswati-puja-significance-and-how-the-puja-is-performed.html

Good Book 👍

Contains Articles on legal History till AI and Chatbot in Judiciary.

Random Journals 😉

Will share some Fundamental Topics with you.


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Case brief on Electoral Bonds Judgment soon.

Important for CLAT PG & Law Clerk in Detail

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Lawyer Assisting A Sovereign Function, Can't Be Brought Under Consumer Protection Act : Argument Before Supreme Court
https://www.livelaw.in/top-stories/lawyer-assisting-a-sovereign-function-cant-be-brought-under-consumer-protection-act-argument-before-supreme-court-249606

🏡🙋‍♂️ Adverse Possession Explained -

☑️ Case law- VASANTHA (DEAD) THR. LR v. RAJALAKSHMI @ RAJAM (DEAD) THR.LRs. 2024

Plea of adverse possession is a blend of fact and law.

✅ Karnataka Board of Wakf v. Govt. of India, 2004 (The person who claims adverse possession must show the following:)

(a) on what date he came into possession;
(b) what was the nature of his possession;
(c) whether the factum of possession was known to the other party;
(d) how long his possession has continued; and
(e) his possession was open and undisturbed.

The Court added that a person pleading adverse possession has no equities in his favor bcz the person seeking such possession is attempting to defeat the true owner's rights.

✅ Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan, 2009

“Modern statutes of limitation operate, as a rule, not only to cut off one's right to bring an action for the recovery of property that has been in the adverse possession of another for a specified time but also to vest the possessor with title. The intention of such statutes is not to punish one who neglects to assert rights but to protect those who have maintained the possession of property for the time specified by the statute under a claim of right or colour of title.”

✅ Bharat Barrel and Drum Mfg. Co. Ltd. v. ESI Corpn, 1971
(Court extensively discussed the object of the Limitation Act)

“The necessity for enacting periods of limitation is to ensure that actions are commenced within a particular period,

1. To assure the availability of evidence documentary as well as oral to enable the defendant to contest the claim against him;
2. To give effect to the principle that law does not assist a person who is inactive and sleeps over his rights by allowing them when challenged or disputed to remain dormant without asseting them in a court of law. The principle which forms the basis of this rule is expressed in the maximum vigilantibus, non dermientibus, jura subveniunt (the laws give help to those who are watchful and not to those who sleep)”


✅ Saroop Singh v. Banto, 2005

Article 65 of the Limitation Act, the starting point of limitation does not commence from the date when the right of ownership arises to the plaintiff but commences from the date the defendant's possession becomes adverse. Further, the physical fact of exclusive possession and the animus possidendi to hold as owner in exclusion to the actual owner are the most important factors that are to be accounted in cases related to adverse possession.

#case_brief
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🔥 Important Polity and Governance Topics.

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Electoral Bonds SC Verdict: Why did the Supreme Court strike down the electoral bonds scheme? | Explained - The Hindu
https://www.thehindu.com/news/national/why-did-the-supreme-court-strike-down-the-electoral-bonds-scheme-explained/article67848657.ece

Detailed Demand on Maratha Reservation Notes

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