𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

16 May 2025 17:49

🚪👋Recusal Of Judges In India

"Independence and impartiality are the twin pillars without which justice cannot stand, and the purpose of recusal is to underpin them”

😯Why Recusal Of Judges❓
• Conflict of Interest.
• Nemo Judex In Causa Sua.
• Natural Justice
• Due Process of Law.

🙄What Does Recusal Mean❓❓
A judge can withdraw from hearing a case to prevent creating a perception that s/he carried a bias while deciding the case.

😇 Relevant Example💯
When an appeal is filed in the Supreme Court against a judgement of a High Court that may have been delivered by the SC judge when she was in the HC or Re-examination of SC judgement by same judge.

📚 Legal Provisions and Case Laws

No Specific Provision but there are S.C. rulings.

1. Ranjit Thakur v UOI (1987)
Test of Reasonable Apprehension in the mind of the party.
“The proper approach for the Judge is not to look at his own mind and ask himself, “Am I biased❓” but to look at the mind of the party before him,”

2. On 1997 S.C. adopted a Charter called the Restatement of Values of Judicial Life to serve as a guide to be observed by Judges, essential for independent, strong and respected judiciary, indispensable in the impartial administration of justice.

🚦Lacunas in the Recusal of Judges
⚡No codified rules which makes delay in proceedings.

⚡Judge is the Sole person to decide for himself and no other person but there should be 3rd party it can be the CJI/CJ/DJ or that court who refer the case to benches.

⚡It is Assumed that Judges are Unbiased due to the Oath given during Appointment.

⚡Lack of transparency; No reasoning is given when recuses.

Conclusion - This concept removes the doubts and brings confidence in Judiciary to the parties who are fighting for their life & liberty

#Impartial_Judiciary #Independent_Judiciary
#Recusal_of_cases
#Article_14 #Article_21

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

16 May 2025 14:55

New vacancy 🥳

LAW + MBA = COURT MANAGERS.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

15 May 2025 23:49

#Question@CurrentLegalGK

Whether the opinion in Article 143 given by SC to president, a binding precedent?

Answer: Ahmedabad St. Xavier’s College Society v. State of Gujarat, (1974) 1 SCC 717 held that a report which may be made to the President in a reference under Article 143 is not binding on the Supreme Court in any subsequent matter wherein, in a concrete case the infringement of the rights under any analogous provision may be called in question, though it is entitled to great weight.

Modification allowed: /channel/CurrentLegalGK/5862

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

15 May 2025 23:35

https://www.casemine.com/judgement/in/5609ac69e4b014971140ecaf?utm_source=chatgpt.com

Para no. 85
1. President can refer only undecided law questions
2. Review or appellate jurisdiction is not indirectly given via 143 to SC.
3. Both Question of law and fact can be asked.

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

15 May 2025 21:54

Breaking: Can Supreme Court Fix Timelines For President To Decide Bills Reserved By Governor? President Refers 14 Questions To SC Under Article 143
https://www.livelaw.in/top-stories/president-reference-supreme-court-fix-timelines-for-president-bills-reserved-governor-article-143-292229

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 20:13

Section 69 of the Bharatiya Nyaya Sanhita (BNS): A Redundant Provision

1. Introduction to Section 69 BNS

* Introduced in the Bharatiya Nyaya Sanhita, 2023.
* Criminalizes sexual intercourse based on a false promise of marriage.
* Punishment: Imprisonment up to 10 years + fine.
* Such an offence was not separately defined under the Indian Penal Code (IPC).

2. Core Legal Argument: Redundancy of Section 69

* Definitions of rape (Section 63 BNS) and consent (Section 28 BNS) are unchanged from IPC.
* False promise of marriage is already treated as "consent obtained under a misconception of fact" — a ground that vitiates consent under Section 28 BNS.
* Therefore, such acts already fall under the definition of rape, making Section 69 legally duplicative and unnecessary.

3. Judicial Precedents Limiting Scope

* Courts have narrowed interpretation of false promise of marriage cases:

1. Anurag Soni v. The State of Chhattisgarh (2019):

* Rape charge valid only if the accused never intended to marry from the beginning.
* If intention was genuine but later changed, it does not constitute rape.

2. Rajnish Singh @ Soni v. State of Uttar Pradesh (2025):

* Complainant was in a 15-year consensual relationship, portrayed herself as wife.
* FIR quashed; held as no deceit or misconception.

3. Abhishek Arjariya v. The State of Madhya Pradesh (2025):

* Prosecutrix was already married; her consent based on false promise of marriage not protected under "misconception of fact".
* FIR and proceedings quashed.

4. Legal and Constitutional Issues

* Section 69 lacks:

* A non-obstante clause, which would have given it overriding effect.
* An exception clause in Section 63 to exclude such cases from rape.
* Potential violation of Article 14 (equality before law) due to arbitrary classification and unequal treatment of similar offences.

5. Practical Implication for Law Enforcement

* Courts are quashing such cases based on well-established precedents.
* Recommendation: Police should conduct preliminary inquiry to assess presence of a cognisable offence.
* Avoid filing charge-sheets in weak or consensual cases to prevent misuse of law and reduce judicial backlog.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 19:07

https://www.thehindu.com/opinion/op-ed/section-69-of-the-bharatiya-nyaya-sanhita-is-redundant/article69478060.ece

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 19:05

https://www.livelaw.in/top-stories/know-the-law-when-can-sex-on-promise-to-marry-amount-to-offence-of-rape-276834

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 19:01

The curious difference between IPC and BNS on rape
https://www.newindianexpress.com/opinions/2024/Sep/09/the-curious-difference-between-ipc-and-bns-on-rape

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 15:50

Sun tzu art of war explained.

The idea of avoiding war lies in preventing potential losses. If war is inevitable, says Chinese general Sun Tzu, the attempt should be to overwhelm the enemy quickly, with a thorough assessment of their strengths and weaknesses.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 13:19

THE TERRITORIAL ARMY ACT, 1948

Article 23

Registration as Territorial army men
https://territorialarmy.in/page/3

I was trying to find such a thing from so many days, finally 🤩

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 09:32

Sajjan Singh v State of Rajasthan 1965

Seeds of Basic structure doctrine by justice hidayatullah and justice mudholkar (judgment was concurring)

Page 34 of PDF for Pakistan Court reference.

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 08:48

'Systematic Attempt To Mint More Money': Gujarat HC Denies Bail To Doctor Accused Of Performing Forced Angioplasties To Claim Govt Funds
https://www.livelaw.in/high-court/gujarat-high-court/gujarat-high-court-denies-bail-cardiologist-performing-unnecessary-angioplasties-291801

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

09 May 2025 23:07

Amrit Yadav v. Jharkhand 2025

Position of law is settled that though there is no fundamental right to claim reservation as Articles 16(4) and (4-A) of the Constitution of India are in the nature of enabling provisions only and do not mandate the State or its instrumentalities to
provide reservation in every selection process but inspite thereof, the State’s decision to not provide reservation has to be based on some quantifiable data and valid reasoning.

Read More on this topic.

But don't you think equal protection of law is a Fundamental Right which says equals blmust be treated equally and unequals unequally???

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

09 May 2025 21:10

"While we are not entertaining the present writ petition, we make it clear that any attempt to spread communal hatred or indulge in hate speech must be dealt with an iron hand. Hate speech cannot be tolerated as it leads to loss of dignity and self-worth of the targeted group members, contributes to disharmony amongst groups, and erodes tolerance and open-mindedness, which is a must for a multi-cultural society committed to the idea of equality. Any attempt to cause alienation or humiliation of the targeted group is a criminal offence and must be dealt with accordingly."

Note: Imran pratapgadhi v. Gujarat says there should a preliminary inquiry w/o registering FIR if there is any offence related to freedom of speech.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

16 May 2025 17:48

Recusal A Matter Of Judges' Discretion, Article 142 Cannot Be Used To Frame Guidelines On Judicial Recusal: Supreme Court
https://www.livelaw.in/top-stories/supreme-court-dismissed-plea-guidelines-for-recusal-of-judges-292466

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

16 May 2025 14:51

Constitutionality of Aadhaar Act: Judgment Summary - Supreme Court Observer
https://www.scobserver.in/reports/constitutionality-of-aadhaar-justice-k-s-puttaswamy-union-of-india-judgment-in-plain-english/

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

15 May 2025 23:46

Only unanswered presidential reference (para 5)

law laid down: In 143 there cannot SC cannot struck down a law.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

15 May 2025 21:58

Government knew that review would be dismissed but presidential reference is bound to be answered.

Very Important judgment for upcoming cases.

My answer to Ms. President is that.

SC has not read the timeline in constitution but the timeline is for proper exercise and guidance of judicial review.

Read the conclusions of judgment everything is clearly mentioned there.


4. Article 361 bars judicial review of actions of governor?
Views: Eager to know but still can guess the answer, it is no, judicial review is possible it has become a trite principle of law but how 361 is justified would want to know may be personal capacity etc.

9. Is it permissible for the Courts to undertake judicial adjudication over the contents of a Bill, in any manner, before it becomes law? (partly mentioned) also asked by me and was answered also

/channel/CurrentLegalGK/5502

12. In view of the proviso to Article 145(3) of the Constitution of India, is it not mandatory for any bench of this Hon'ble Court to first decide as to whether the question involved in the proceedings before it is of such a nature which involves substantial questions of law as to the interpretation of constitution and to refer it to a bench of minimum five Judges?

Discussion: /channel/LegalQuizzes/478474

13. Do the powers of the Supreme Court under Article 142 of the Constitution of India limited to matters of procedural law or Article 142 of the Constitution of India extends to issuingdirections /passing orders which are contrary to or inconsistent with existing substantive or procedural provisions of the Constitution or law in force?

Answer: Statutory limitations are absent in constitutional powers that too of inherent nature to do complete justice under Article 142. (irretrievable breakdown of marriage, going beyond limitation law etc..)

 14. Does the Constitution bar any other jurisdiction of the Supreme Court to resolve disputes between the Union Government and the State Governments except by way of a suit under Article 131 of the Constitution of India?

Answer: /channel/CurrentLegalGK/3395

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 20:47

‘Not dead but sleeping’: Expanding international law to better regulate the diverse effects of ceasefire agreements

Hugo Grotius ~ When a ceasefire is signed the legal state of war is ‘not dead but sleeping’.

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 19:07

Hopefully would be summarising these articles soon and make the law clear to you.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 19:05

https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-pil-challenge-section-69-bharatiya-nyaya-sanhita-false-promise-to-marry-rape-269058

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 19:02

Promises, Prejudices and Perils: Unveiling the Complexities of Section 69, Bharatiya Nyaya Sanhita, 2023 - NLIU Law Review
https://nliulawreview.nliu.ac.in/blog/promises-prejudices-and-perils-unveiling-the-complexities-of-section-69-bharatiya-nyaya-sanhita-2023/

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 16:58

#Question@CurrentLegalGK

Explain how Article 14, 19 and 21 is interwoven in one thread.

8 Marks, maximum 14 mins time.

Share 👇

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 14:34

🇮🇳-🇵🇰 Ceasefire Agreed, W.E.F. Today 5 PM.

@CurrentLegalGK https://www.youtube.com/live/fqNj3FErqTA?feature=shared

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 11:16

Most commonly used IPC and BNS provisions.

#Internship@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

10 May 2025 08:49

Huge scams are going on behalf of patient and especially doctor with Pradhan Mantri Jan Arogya Yojana (PMJAY)

Playing with resources of legit and needy patients who have Right to health U/A 21

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

09 May 2025 23:27

Pakistan or Partition of India Ambedkar

#Book@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

09 May 2025 21:56

India’s Abstention in IMF Vote on Pakistan Loan: Explained

Decision-Making at the IMF

▶️The IMF Executive Board consists of 25 Directors who represent member countries or groups of countries. It handles daily operational matters, including loan approvals.

▶️Unlike in the United Nations, where each country has one vote, IMF voting power reflects the economic size of each member. For instance, countries like the United States hold a disproportionately high voting share. Thus to simplify things, The IMF typically makes decisions by consensus.

▶️In cases where a vote is required, the system does not allow a formal "no" vote. Directors can either vote in favor or abstain. There is no provision to vote against a loan or proposal.

Why India Abstained

▶️India abstained from the recent IMF vote on approving a loan to Pakistan not due to a lack of opposition, but because IMF rules do not permit a formal “no” vote.

▶️By abstaining, India conveyed its strong dissent within the constraints of the IMF’s voting system and used the opportunity to formally record its objections.
India’s key objections included:

▶️India questioned the effectiveness of ongoing IMF assistance, noting that Pakistan has received support in 28 of the past 35 years including four programs in just the last five without meaningful or lasting reform.

▶️India strongly highlighted the Pakistani military’s continued dominance in economic affairs, which undermines transparency, civilian oversight, and sustainable reform.

▶️India firmly opposed providing funds to a country that continues to sponsor cross-border terrorism, warning that such support carries reputational risks for global institutions and undermines international norms.

So PLEASE learn some basic facts before jumping on Headline on TV and headless social media experts.

@CurrentLegalGK

𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™

09 May 2025 21:10

Attempts To Spread Communal Hatred & Indulge In Hate Speech Must Be Dealt With Iron Hand : Supreme Court
https://www.livelaw.in/supreme-court/attempts-to-spread-communal-hatred-indulge-in-hate-speech-must-be-dealt-with-iron-hand-supreme-court-291648