#Question@CurrentLegalGK

Which judgment and what did the last CJI had overruled, which belonged to his father.

Supreme Court expands the reach of NIA’s powers: What was the case? 🔗
#explained_law #express_explained #national_investigation_agency_(nia)

🌟 What did D.Y. Chandrachud Overruled in his father's judgment

In 1985, a judgment authored by Justice Yeshwant Vishnu Chandrachud, father of Justice Dhananjaya Chandrachud, in Sowmithri Vishnu vs.Union of India had upheld the constitutional validity of the section.This has been overruled by Justice D Y Chandrachud in Joseph Shine v Union of India. [497]
This instance of Justice Chandrachud overruling father's judgment is happening for the second time. The first occasion was in the privacy judgment, when Justice D.Y.Chandrachud held that the judgments rendered by all the four judges including his father constituting the majority in ADM Jabalpur were seriously flawed


KS PUTTASWAMY RATIO-
The judgments rendered by all the four judges constituting the majority in ADM Jabalpur are seriously flawed. Life and personal liberty are inalienable to human existence. These rights are, as recognised in Kesavananda Bharati, primordial rights. They constitute rights under natural law. The right to life being inalienable to each individual, it existed prior to the Constitution and continued in force Under Article 372 of the Constitution. Therefore, ADM Jabalpur must be and is accordingly overruled.

JOSEPH SHINE RATIO—
The decision in Sowmithri Vishnu dealt with the constitutional challenge by approaching the discourse on the denial of equality in formal, and rather narrow terms. The inarticulate major premise of the judgment is that prosecution for adultery is an effort to protect the stability of marriages and if the legislature has sought to prosecute only a limited class of 'adulterous relationships', its choice could not be questioned. 'Sowmithri Vishnu' fails to deal with the substantive aspects of constitutional jurisprudence which have a bearing on the validity of Section 497 of the act the guarantee of equality as a real protection against arbitrariness,the guarantee of life and personal liberty
as an essential recognition of dignity, autonomy and privacy and above all gender equality as a cornerstone of a truly equal society. For these reasons, Sowmithri Vishnu is overruled.

100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]
https://www.livelaw.in/top-stories/100-important-supreme-court-judgments-of-2024-part-1-1-25-279081

🗓️📙 Now see we will also make a list of around 150-180 judgments by compiling from good sources including this but it will take 1 month time due to my buzy schedule.

You can currently read them afterwards you can use our own compiled one for 2024 🤝

This time you will get the best compilation of importanr judgments to enhance your mains answers for 2025 exam as well as answer the MCQs based on recent cases in judicial services and other related exams.

https://t.me/CurrentLegalGK/4505
https://t.me/CurrentLegalGK/4490
https://t.me/CurrentLegalGK/4540
https://t.me/CurrentLegalGK/4565
https://t.me/CurrentLegalGK/4574
https://t.me/CurrentLegalGK/4564
https://t.me/CurrentLegalGK/4575
https://t.me/CurrentLegalGK/4580

✓Supreme court chronicle
✓live law
https://t.me/CurrentLegalGK/4660?single
https://t.me/CurrentLegalGK/4880
✓ Magazine
J, R, P
✓ https://t.me/CurrentLegalGK/4063

🧬📘 Lifespan of Constitutions worldwide, chicago university research.

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🌟 Important for UGC-NET

https://www.drishtiias.com/to-the-points/paper3/environmental-impact-assessment-1

- Sections 3, 5(a), 6, 7, 8 of Environment (Protection) Act, 1986 contain inherent idea of Environment Impact Assessment by Central Government. Necessary steps regarding the same can be taken by Central Government.

https://moef.gov.in/environmental-impact-assessment-eia


* Note -
You can download the EIA report from the MoEF website (http://moef.nic.in/) if the project got/recommended for the clearance. Or you can get it from the District/State pollution control board through RTI or may be directly.

.

🌟 Today is Winter Solstice

👻😨 Longest Night and shortest Day

Equilux v. Equinox

@CurrentLegalGK

🤞🌠 To Those appearing in AIBE, BEST OF LUCK

Bhailog AIBE me Fod ke ana Aur 💯/💯 lana 😎

@CurrentLegalGK

2024 Round-Up| Constitution Bench Decisions Of Supreme Court
https://www.livelaw.in/top-stories/2024-round-up-constitution-bench-decisions-of-supreme-court-279159

AIBE 19 PYQ 2024 SET-C

Credits: AKR
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*PM मोदी को मिला कुवैत का सर्वोच्च सम्मान:* ऑर्डर ऑफ मुबारक अल कबीर पाने वाले पहले भारतीय PM; अब तक 20 देश कर चुके सम्मानित
https://dainik.bhaskar.com/8rSetIiUvPb

The Constitution, beyond fundamental rights
https://www.deccanherald.com//opinion/the-constitution-beyond-fundamental-rights-3327528

Importance of other provisions of Constitutions other than Fundamental Rights.

@CurrentLegalGK

Litigant has no absolute right to appear as party-in-person: Punjab and Haryana High Court
https://www.barandbench.com/news/litigant-no-absolute-right-appear-party-in-person-punjab-and-haryana-high-court

🌟 Judicial Orders subject to writ jurisdiction or Not

🌟Case- Riju Prasad Sarma vs State Of Assam, 2015

On the related issue of the scope of Article 12 and whether for the purposes of issuance of writ, judicial decisions by the judiciary can be included in State action, we are in agreement with the submissions advanced by Mr. Rajiv Dhavan that definition of ‘the State’ under Article 12 is contextual depending upon all relevant facts including the concerned provisions in Part III of the Constitution. The definition is clearly inclusive and not exhaustive. Hence omission of judiciary when the government and Parliament of India as well as government and legislature of each of the State has been included is conspicuous but not conclusive that judiciary must be excluded. Relevant case laws cited by Mr. Dhavan are:-

(i) Pradeep Kr. Biswas vs. Indian Institute of Chemical Biology & Ors., (2002) 5 SCC 111

(ii) Naresh Shridhar Mirajkar And Ors vs. State of Maharashtra And Anr, (1966) 3 SCR 744

(iii) Triveniben vs. State of Gujarat, (1989) 1 SCC 678

(iv) Poonam vs. Sumit Tanwar, (2010) 4 SCC 460

Hence, in accordance with such judgments holding that judgments of High Court and Supreme Court cannot be subjected to writ jurisdiction and for want of requisite governmental control, Judiciary cannot be a State under Article 12, we also hold that while acting on the judicial side the courts are not included in the definition of the State.

👍Exception- Only when they deal with their employees or act in other matters purely in administrative capacity, the courts may fall within the definition of the State for attracting writ jurisdiction against their administrative actions only.

🤔Reasoning- In our view, such a contextual interpretation must be preferred because it shall promote justice, especially through impartial adjudication in matters of protection of fundamental rights governed by Part III of the Constitution.

R/W- https://t.me/CurrentLegalGK/2277

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When Defendant Can Be Asked To Begin Evidence In Suit? Supreme Court Explains Order XVIII Rule 1 CPC
https://www.livelaw.in/top-stories/when-defendant-can-be-asked-to-begin-evidence-in-suit-supreme-court-explains-order-xviii-rule-1-cpc-278830

What is the Difference Between Vakalatnama, Power of Attorney and Memo of Appearance?- Know Here - Law Trend
https://lawtrend.in/what-is-the-difference-between-vakalatnama-power-of-attorney-and-memo-of-appearance-know-here/