LAW AND GOVERNANCE 

ELECTION COMMISSION SUBMITS SCHEDULE FOR MANICKTALA BYE-ELECTION

Suvendu Dey vs. Election Commission of India

The Election Commission of India presented a sealed schedule for the Manicktala Assembly Constituency bye-election to the Supreme Court, which Justices PK Mishra and KV Viswanathan approved. The vacancy arose after Sadhan Pande’s 2022 death, and the election petition withdrawal on May 9, 2024.

LEGAL PROVISIONS AND FRAMEWORK 

Constitution of India:

• Article 324: Empowers the Election Commission of India (ECI) to supervise, direct, and control elections.
• Article 329: Bars interference by courts in electoral matters, except through election petitions.

Representation of the People Act, 1951:

• Section 151A: Mandates bye-elections to fill vacancies in Parliament and state legislatures within six months.
• Section 86: Empowers the High Courts to handle election petitions.

Model Code of Conduct:

• Enforced by the ECI to ensure free and fair elections, the code comes into effect from the announcement of the election schedule.

Source- Supreme Court of India

SUPREME COURT UPHOLDS GUJARAT HIGH COURT PROMOTION PROCESS

Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors.

The Supreme Court upheld Gujarat High Court’s merit-cum-seniority-based promotion for District Judges, affirming limited judicial review under Article 16 of the Constitution. The court validated the 2023 Select List and recommended revising suitability tests to align with the Uttar Pradesh Higher Judicial Service Rules.

LEGAL PROVISIONS AND FRAMEWORK 

1. Constitution of India:
   • Article 16: Guarantees equality of opportunity in public employment and permits reservations for underrepresented groups.
   • Article 32: Provides the right to constitutional remedies for enforcement of rights.
2. All India Judges’ Association v. Union of India (2002):
   • Mandates merit-cum-seniority as a criterion for promotions in the Higher Judicial Service.
3. Gujarat State Judicial Service Rules, 2005:
   • Rule 5(1)(i): Specifies a 65% quota for promotions based on merit-cum-seniority and a suitability test.
4. Supreme Court Judgments:
   • Indra Sawhney v. Union of India (1992): Clarifies that reservation in promotions is not covered under Article 16(4).
   • M. Nagaraj v. Union of India (2006): Upholds reservation in promotions under certain conditions without violating the basic structure of the Constitution.

FIRST ‘LIVING WILL’ REGISTERED IN GOA

Common Cause v. Union of India

Justice MS Sonak of the Bombay High Court at Goa became the first in the state to register a ‘living will’ following the Supreme Court’s 2018 recognition of passive euthanasia and 2023 guideline simplifications. Goa’s implementation sets a precedent for end-of-life care decisions.

LEGAL PROVISIONS AND FRAMEWORK 

1. Constitution of India:
   • Article 21: Guarantees the right to life and personal liberty, interpreted to include the right to die with dignity.
2. Common Cause v. Union of India (2018):
   • Recognizes the legality of passive euthanasia and advance directives (living wills), outlining procedures for their implementation.
3. Aruna Ramchandra Shanbaug v. Union of India (2011):
   • Sets guidelines for passive euthanasia in India, allowing withdrawal of life support for patients in a permanent vegetative state.
4. Law Commission of India:
   • 241st Report: Recommends legislation for passive euthanasia, proposing a legal framework for the protection of terminally ill patients and medical practitioners.
5. Medical Treatment of Terminally Ill Patients (Protection of Patients and Medical Practitioners) Bill, 2006:
   • Suggested by the Law Commission to legalize passive euthanasia, though not enacted by the Ministry of Health and Family Welfare.
6. Supreme Court Guidelines (2018):
   • Detail the execution and validation of living wills, including requirements for signatures, witness attestations, judicial oversight, and medical board reviews.

GOVERNMENT SCHEME

NETAJI SUBHAS – ICAR INTERNATIONAL FELLOWSHIP (NS-ICAR IF)

(Ministry of Agriculture & Farmers Welfare)

Objectives:

1. Enhance human resources in advanced agricultural technologies.
2. Highlight the capabilities of the Indian agricultural system globally.

Benefits:

1. Fellowship: Up to US$ 2,000/month for Indian Ph.D. students abroad; INR 40,000/month for international Ph.D. students in India.
2. Travel: Provision of economy-class air tickets.
3. Contingency expenses: US$ 1,000/year for Indian students; INR 25,000/year for international fellows.

Criteria:

1. Master’s degree in agriculture or allied sciences with OGPA 6.60/10 or 65% marks.
2. Age limit: ≤35 years for fresh candidates; ≤40 years for in-service candidates.
3. Requirement of an irrevocable bank guarantee or equivalent amount deducted from the fellowship.

STUDENT READY PROGRAM

(Ministry of Agriculture & Farmers Welfare)

Objectives:

1. Offer practical agricultural experience in rural areas.
2. Cultivate entrepreneurial skills and self-employment readiness among students.

Benefits:

1. Stipend: INR 3,000/month for up to 6 months.
2. Hands-on training in authentic agricultural environments.
3. Improved employability and entrepreneurial capabilities.

Criteria:

1. Undergraduate students in accredited courses of SAUs/DUs/CAU/CUs of NARES.
2. Maintenance of academic merit and good conduct.
3. Prohibition on participation in strikes or other employment during the program.

Source- myScheme 

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