Judge bashing

 

Case

1. Haridas Das Vs Usha Rani banik & Ors (2007) 14 SCC 1
1. Judge bashing is not and cannot be a substitue for constructive criticism
2. In Re: S. Mulgoakar (1978) 3 SCC 339
1. Lowering respect of judiciary and destroy public confidence cannot be ignored.

Remove content from Internet

 

Intermediaries 

1. Block the content which are abusive and offensive 

EWS - Economically Weaker Sections

 

EWS 

1. Quantum of Reservation ( Source : link )
1. EWS who are NOT covered under scheme of reservation of SCs, STs & OBC
2. Shall get 10% reservation in direct recruitment
3. in civil posts and services in the GoI
2. Exemption from Reservation 
1. Scientific and Technical posts
1. Posts above Group A
2. Should be classified as scientific or techincal by Cabinet secretrait
3. Criteria of Income & Assets
1. Whose family has GROSS ANNUAL INCOME below 8 Lakh are to be identified as EWS for benefit of reservation.
2. Annual income shall include from all sources 
1. Salary, agriculture, business, profession etc for the financial year prior to year of application. 
3. Person whose family own / possesses following are are excluded
1. 5+ acre of agricultural land 
2. Residential flat of 1000sq ft and above
3. Residential plot of 100sq yards and above in notified municipalities
4. Residential plot of 200 sq yards and above in other than notified municipalities
5. Property held by family in different location / different places would be clubbed while applying the land or property holding test to determining EWS status.
4. Family - parents, siblings below < 18y and also spouse and chldren age < 18y
4. Income and Asset certificate issuing authority
1. DM/ ADM/ Collector/ Deputy Commissioner/ Tahsildar
5. Appointing authorities
1. appointment is provisional and subject to income and asset certifacte being verified through proper channel 
2. if verification reveals claim to belong EWS is fake/false the service will be terminated forthwith without assigning any further reasons and without prejuice to such further action 
6. EWS is a policy matter, courts are entitled to know the reasons adopted for arriving at a policy decision to determine its constitutionality. 
7. Concerned Ministry : Ministry of social welfare and Department of personnel and training. 
8. Sinho commission report 
9. As per A 15(6) and 16(6) the state Govt notify the criteria for EWS
10. 103rd Constitution amendment - u/s A15 & 16 says that economically weaker sections - Shall be such as may be notified by the state from time to time on basis of family income and other indicators of economic disadvantages. 

Courts

1. EWS - criteria of annual income of Rs 8L for determining the eligibility for economic weaker sections. in NEET all India Quota
1. WP (Civil) 961/ 2021
2. 8L criteria is for creamy layer for OBC, how the same criteria can be adopted for OBC and EWS categories, where latter has no social and educational backwardness.
3. what is the demographic or sociological or socio-economic data
4. making unequals equal by applying the Rs8L limit

Case 

1. Neli Aurelio Nunes Vs UoI
2.  Ashoka Kumar Thakur v. Union of India & Ors.
3. M.R. Balaji & Ors. v. State of Mysore  (1963) Supp. 1 SCR 439
1. 50% ceiling on reservation was first laid in here
4. Indra Sawhney
1. approvied 50% ceiling on reservation
5.  M. Nagaraj & Ors. V. Union of India & Ors
6. f I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu
7.  Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors
8. Society for Unaided Private Schools of Rajasthan v. Union of India & Anr

Notification

1. 103rd Constitution amendment - 12th January 2019 
2. No 36039/1/2019 - 31st January 2019 - Estt (res) - Ministry of Personnel, Public Grievances & Pensions - department of Personnel & Training - Reservation of EWS in direct recruitment in civil post and services in the GoI - link

Questions

1. OBC - creamy layer - economic criteria - 8L 

Temple lands

 

Issues

1. Encroachment of land belonging to Temple 
2. Leasing out of temple lands

Resolution

1. Land belonging to temples are preserved 
2. encroached land should be recovered.

Bhaktavatsala Perumal Temple ( Tirukannamagi in Tiruvarur )

1. WP No 15911 of 2021 - Madras High Court.
2. 400 acres of land encroached
3. Law refereed : Hindu Religious and charitable Endowments Act 1959 - link
4. Important points
1. Why not contempt to be filed against such a person inter alia, for the disrespect shown to the court in the manner in which affidavit had been drafted and for dereliction of duty in not paying attention to any detail .
2. Leasing out temple lands to any tenant and what part of temple land has been let out and what part encroached.

Endangered Communities

 

Endangered Communities

1. Karbong - Tripura

Legal Provision

1. Karbong 
1. Tripura HC - suo motu cognizance of a news report highlighting the plight of karbong  community - on verge of extinction on account of poor socio-economic conditions
1. Directed - Advocate general of state as well as assistant solicitor general of UoI - to make assessment of area and needs of the community - report by 9th of November 2021
2. ONGC - CSR  initiative activities in Karbong community - file affidavit
2. History & Details
1. Sub-tribe of Halam community in Tripura, once guest of rulers of erstwhile kingdom
1. Sub tribe inspite of having a language distinctly different from all other tribes - Indian census does not count them separately.
2. UNESCO classification of languages - language spoken less than 10k people is considered potentially endangered.
2. 250 - odd people - West Tripura and dhalai district
3. Harihar Debnath - an expert on the sub-tribe
4. Autonomous district council -1989 - started primary school which started to function in 1993
5. Population is reduced - inter tribal marriage, poverty & lack of proper education.
6. They profess - Hinduism