‘Effective consultation’: How SC ruling underlines process of HC judges’ appointment 🔗
#collegium_system #himachal_pradesh_high_court #sc_collegium #supreme_court_collegium

The court said that collegiums for High Court appointments would include the
1. Chief Justice of India (CJI) and the
2. two seniormost judges of the Supreme Court.

This collegium would be required to consult the “Chief Justice and senior judges” of the HC concerned, the “seniormost” SC judge from that HC, as well as any SC judges who were “knowledgeable” about that HC.

As a part of this process, the Chief Justice of the HC must consult two other seniormost judges at the HC — together forming the High Court collegium —

And send their recommendations, with reasons, to the Chief Minister, the Governor, and the CJI.

The Governor, based on the advice of the Chief Minister, will send the proposal to the Minister of Law and Justice at the Centre, who will conduct a background check and send the entire material to the CJI, who will consider it with the rest of the SC collegium.

@CurrentLegalGK

🤬 🇬🇧🇺🇸
UK v. USA Defamation laws.

Burden of proof and fault liability.

In the UK, the falsity of a defamatory statement is presumed, and the defendant must prove that the statement is true.

In the USA, the plaintiff must prove that the statement is false. This reversal of burden makes it easier to bring a defamation case in the UK.

In UK no need to prove Negligency or Recklessnes or knowledge there is strict liability..

In U.S.A Knowledge (actual malice) or Negligence need to be proved depending on whom the person suing Public official or private person

@CurrentLegalGK

Can't Direct Enactment Of Law To Enforce Fundamental Duties, Says Supreme Court During PIL Hearing
https://www.livelaw.in/top-stories/supreme-court-plea-for-enforcement-of-fundamental-duties-court-says-it-cannot-direct-legislature-to-enact-law-269324

#Question

What will be the consequences if Fundamental duties under constitution become enforceable? What new issues might come?

@CurrentLegalGK

10 Important Life Lessons From Bhagavad Gita | Times of India
https://timesofindia.indiatimes.com/religion/web-stories/10-important-life-lessons-from-bhagavad-gita/photostory/106165157.cms

Narayana Murthy criticizes coaching classes, advocates for genuine learning and critical thinking
https://www.newindianexpress.com/business/2024/Sep/10/narayana-murthy-criticizes-coaching-classes-advocates-for-genuine-learning-and-critical-thinking

💯⚡ very important issue.

Use- You can quote this and Murthy in education based essays.

Observing world can teach you a lot, which can be attained by going to schools and colleges
@CurrentLegalGK

S.319 CrPC | Order To Summon Additional Accused Passed After Acquittal/Conviction Of Co-Accused Is Unsustainable: Supreme Court
https://www.livelaw.in/top-stories/s319-crpc-order-to-summon-additional-accused-passed-after-acquittalconviction-of-co-accused-is-unsustainable-supreme-court-269348

Why Tamil Nadu opposes Centre’s New Education Policy (NEP) 🔗
#dharmendra_pradhan #explained_politics #express_explained #m_k_stalin #new_education_policy #tamil_nadu

Why Rahul Gandhi’s meeting with US Congresswoman Ilhan Omar has triggered outrage 🔗
#express_explained #minnesota #rahul_gandhi

Why September 12 is observed as Saragarhi Day 🔗
#express_explained #history #punjab

Does Polaris Dawn mission violate 50-year old international treaty? 🔗
#explained_sci_tech #express_explained #spacex

🌟 These are some General Awareness Articles.

Skim them for once.

Rahul Gandhi One is Political news but Important for us to know in general about his ideology as he is the keader of opposition (counterpart of PM)

@CurrentLegalGK

🌟 Strategy to Get 90% Accuracy in Translation paper

Black's law dictionary
https://t.me/CurrentLegalGK/3059

practice here
https://t.me/CurrentLegalGK/4280

legal glossary

@CurrentLegalGK

🌟 Doctrine of Chilling Effect under Article 19(1)(a) Feedom of speech and expression lucidly Explained

https://whatsapp.com/channel/0029Va9gNrwJf05bMBIllR25/121

@CurrentLegalGK

🌟 Right of Silence | A Comprehensive overview from Constitution to CrPC and Doctrine of Missing link.

⚡ Selvi v. State of Karnataka
A conjunctive reading of
✓Article 20(3)
✓Sections 161(2),
✓313(3) and
✓Proviso (b) of Section 315(1) CrPC.

The gist of this position is that even though an accused is a competent witness in his/her own trial, he/she cannot be compelled to answer questions that could expose him/her to incrimination and the trial Judge cannot draw adverse inferences from the refusal to do so. This position is cemented by prohibiting any of the parties from commenting on the failure of the accused to give evidence

@CurrentLegalGK

🤫📓 Doctrine of Silence (When constitution is expressly silent on a point of law) Read with Doctrine of Progressive interpretation and Emanation.


🌟 Brief of Doctrine
The Doctrine of Silence highlights how a constitution's unspoken or unwritten aspects are just as important as its explicit provisions.

Constitutional silence can reveal latent principles. Where the Constitution is silent, courts often infer rights or limitations through interpretation, filling gaps that the framers may have left open. For eg Doctrine of Basic Structure, despite no explicit mention of it. Similarly, Griswold v Connecticut 1965 case in USA saw Supreme Court infer right to privacy from various amendments, despite privacy not being explicitly mentioned in Constitution

The article distinguishes between door-closing silences (imply prohibition) and door-opening silences (open avenues for interpretation) Interplay between what is said and unsaid allows for judicial creativity.

R/W-
https://t.me/CurrentLegalGK/2989

@CurrentLegalGK

🌄 #Quote

‘You must not use a steam 
hammer to crack a nut, 
if a nutcracker would
do? In other words, 
proportionality is all about means and ends.

~R v. Goldsmith, [1983]
Justice Diplok

Use- Doctrine of Proportionality, Harmonious construction, test of reasonableness on balancing rights and restrictions both.


R/W-
https://t.me/CurrentLegalGK/2204?single

@CurrentLegalGK

The Welcome And Unwelcome Changes In Section 183 Of BNSS
https://www.livelaw.in/articles/comparison-between-section-183-bharatiya-nagarik-suraksha-sanhita-and-section-164-code-of-criminal-procedure-269492