Legal and Administrative Affairs – Latest Developments

Table of Contents

1. Supreme Court: Legal Framework
2. Recent Important Judgments Passed by Supreme Court of India
3. High Court in India
4. Administrative Tribunals
5. National Company Law Tribunal (NCLT)
6. National Company Law Appellate Tribunal (NCLAT)
7. Current Affairs Related to Institute of Company Secretaries of India (ICSI)
8. Current Updates on Environment, Bio-Diversity, Climate Change and Sustainable Development
9. Latest Developments in Science and Technology, Information Technology Computers and Space Science

Check out Taxmann's Current Affairs & Quantitative Aptitude (Paper 4) | CRACKER which covers all past exam questions (topic-wise) & detailed answers for the CSEET exam by ICSI. It also covers memory-based and important past exam questions and questions from CSEET e-Bulletin and MTPs of ICSI.

CSEET | Latest Syllabus | May 2024 Exams

1. Supreme Court: Legal Framework

• Three tier structure: India has a single and unified judicial system with three tier structure, i.e., Supreme Court, High Courts and Subordinate Courts.
• Constitutional Provisions:

1. 1. Under Part V (The Union) and Chapter 6 (The Union Judiciary).
   2. Articles 124 to 147 in Part V of the Constitution deal with the organisation, independence, jurisdiction, powers and procedures of the Supreme Court.
   3. The Indian constitution under Article 124(1) states that there shall be a Supreme Court of India constituting of a Chief Justice of India (CJI) and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

• Judicial Strength of Supreme Court

1. 1. Originally: 8 (one Chief Justice and seven other judges).
   2. At present: 34 (including the CJI) [after Supreme Court (Number of Judges) Bill of 2019]
   3. The Parliament is authorised to regulate them.

• Appointment of Judges of the Supreme Court:

1. 1. By the President
   2. CJI: By the President after consultation with such Judges of the Supreme Court and High Courts as he deems necessary.
   3. Other Judges: By the President after consultation with the CJI (obligatory) and such other Judges of the Supreme Court and the High Courts as he deems necessary.
   4. The consultation with the Chief Justice is obligatory in the case of appointment of a Judge other than Chief Justice.

2. Recent Important Judgments Passed by the Supreme Court of India

The following are the two important judgments on Statutory Tribunals:

3. High Court in India

• Supreme in State: As Supreme Court is the apex court; the High Court is the supreme judicial body in a state.
• It is the final interpreter of the constitution.
• Constitutional Provisions:

1. 1. Article 214: Each state of India shall have a High Court.
   2. Articles 215 and 26: Every High Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself.

• Every High Court shall consist of a Chief Justice and such other Judges as the President may from time to time deem it necessary to appoint.
• There are following 25 High Courts in India, three having control over more than one State.

• The Seventh Amendment Act of 1956 states that the Parliament can establish a common High Court for two or more states and/or union territory.
• Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts.
• Among the States Goa, Arunachal Pradesh, Mizoram and Nagaland does not have its own High Court.

4. Administrative Tribunals

• Tribunals are not originally a part of the Constitution of India. They were introduced in 1985.
• The 42nd Amendment Act introduced these provisions in accordance with the recommendations of the Swaran Singh Committee.
• The enactment of Administrative Tribunals Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants.
• The Amendment introduced Part XIV-A to the Constitution. This Part is called ‘Tribunals’ and it contains two articles.

• Central Administrative Tribunal (CAT):

1. 1. The CAT was set up on 1st November 1985.
   2. There are 17 Benches and 21 Circuit Benches in the CAT all over India.
   3. In addition to the Ministries and Departments of Central Government, the Government of India has notified about 214 organizations under section 14(2) of the Administrative Tribunals Act, 1985 to bring them within the jurisdiction of the Central Administrative Tribunal, from time to time.
   4. In addition the Central Administrative Tribunal, Principal Bench is dealing with the matters of Govt. of National Capital Territory of Delhi.

• As a result of the judgment dated 18 March 1997 of the Supreme Court, the appeals against the Orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.
• The aggrieved person can also appear before it personally. The Government can present its case through its departmental officers or legal practitioners.
• Objectives:

1. 1. To deliver speedy, inexpensive and decentralised adjudication of disputes in various matters.
   2. To avoid the regular courts’ route for dispensation of disputes.
   3. To act as specialised government agencies like boards having decision-making powers conferred upon them by law.

• Latest Update about Tribunals in India: The Tribunal Reforms Bill, 2021 was passed in both Houses of the Parliament in August 2021. The bill replaced the ordinance which had been introduced in Feb. 2021. On 13th February 2021, the finance minister had introduced an ordinance in the Lok Sabha, named ‘The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021.’ The ordinance seeks to amend the Finance Act of 2017. Through the said ordinance, the government seeks to dissolve the following appellate bodies and tribunals:

1. 1. The Airport Appellate Tribunal
   2. Appellate Board established under the Trade Marks Act, 1999
   3. The Authority of Advance Ruling established under the Income-tax Act, 1961
   4. The Film Certification Appellate Authority established under the Cinematograph Act, 1952

• Tribunal vs. Court: Tribunal is the Quasi-judicial body with the power to try cases of special matter which are conferred on them by statutes. The court is a part of the traditional judicial system whereby judicial powers are derived from the state.

5. National Company Law Tribunal (NCLT)

• The NCLT is a quasi-judicial body in India adjudicating issues concerning companies in the country.
• It was formed on June 1, 2016, as per the provisions of the Companies Act 2013 (Section 408) by the Indian government. In fact, it was formed based on the recommendations of the Justice Eradi Committee that was related to insolvency and winding up of companies in India.
• The Benches of NCLT are set up by Ministry of Corporate Affairs.

• Each Bench is headed by a President, 16 judicial members, and 9 technical members.
• The current and the first President of the NCLT principal bench is Chief Justice (Rtd.) Shri MM Kumar.
• Role of the National Company Law Tribunal: As the NCLT is established under the Companies Act, 2013, it has the role to settle disputes in relation to the companies. It also handles the structures and laws of the companies.
• NCLT Functions:

(a) All proceedings under the Companies Act such as arbitration, arrangements, compromise, reconstruction, and winding up of the company will be disposed of by the Tribunal.

(b) The NCLT is also the Adjudicating Authority for insolvency proceedings under the Insolvency and Bankruptcy Code, 2016. In these subjects, no civil court will have jurisdiction.

(c) The NCLT has the authority to dispose of cases pending before the Board for Industrial and Financial Reconstruction (BIFR), as well as, those pending under the Sick Industrial Companies (Special Provisions) Act, 1985.

(d) To take up those cases pending before the Appellate Authority for Industrial and Financial Reconstruction.

6. National Company Law Appellate Tribunal (NCLAT)

• It was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal. with effect from 1st June, 2016.
• NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by:

1. 1. NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC).
   2. Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC.
   3. to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI).

• On 08th November, 2021 Retired Supreme Court judge Ashok Bhushan has joined as the Chairperson of the National Company Law Appellate Tribunal.

6.1 Red, Amber and Green Companies

• On the basis of their financial health and ability to service debt obligations to secured and unsecured creditors, the companies are divided into three categories:
  • Red Companies: are those with no cash and not in a position to pay any creditor.
  • Amber companies: are those with enough to pay secured creditors but not unsecured creditors.
  • Green companies: are those firms which have enough money to service all their debts, to the secured as well as unsecured creditors.

7. Current Affairs Related to Institute of Company Secretaries of India (ICSI)

• The ICSI is the only recognized professional body in India to develop and regulate the profession of Company Secretaries in India.
• It was set up under an Act of Parliament, the Company Secretaries Act, 1980.
• The ICSI was incorporated by the Government of India on 4th October, 1968,
• ICSI functions under the jurisdiction of the Ministry of Corporate Affairs, Government of India.
• The Institute provides top-quality education to the students of Company Secretaries (CS) Course and best quality set standards to CS Members.
• At present, there are more than 65,000 members and around 2.5 Lakhs students on the roll of ICSI.
• ICSI has its:

1. 1. Headquarters at New Delhi
   2. Four Regional Offices at New Delhi, Chennai, Kolkata, Mumbai
   3. One ICSI – Centre for Corporate Governance, Research and Training (CCGRT), Navi Mumbai
   4. One ICSI Centre of Excellence, Hyderabad and
   5. 72 Chapters across India.

• ICSI in News:

1. 1. New President and Vice President for the year 2022 w.e.f. 19th January 2022.
   2. President: CS Devendra V. Deshpande
   3. Vice President: CS Manish Gupta
   4. Celebration of 53rd Foundation Day of ICSI
   5. The Institute completed 53 years of its establishment on 4th October, 2021.
   6. To mark the 53rd Foundation Day of the ICSI, a commemoration event was organised on Monday, the 4th of October, 2021, on the theme “Powering Atmanirbhar Bharat through Entrepreneurship and Innovation” at Vigyan Bhawan, New Delhi.
   7. Hon’ble Union Minister of Finance & Corporate Affairs, Government of India, Smt. Nirmala Sitharaman, graced the occasion as the Chief Guest.
   8. 22nd National Conference of Practising Company Secretaries in December 03, 2021
   9. Theme ‘Passion for Profession: Empowering Entrepreneurship & Excellence’
   10. It was inaugurated in Kolkata on December 03, 2021.
   11. Chief Guest: Dr. Navrang Saini, Chairperson (Designate) & Whole Time Member, IBBI
   12. Special Guest: Swami Suparnananda ji, Secretary, The Ramakrishna Mission Institute of Culture
   13. Celebration of 49th National Convention of Company Secretaries
   14. The Institute organizes every year an annual mega congregation of Company Secretaries National Convention of Company Secretaries.
   15. This year, 49th National Convention of Company Secretaries on ‘Good Governance: The Universal Dharma’ was organised during January 6-8, 2022 at The Bangalore Palace, Bengaluru.
   16. Chief Guest: Shri Thaawarchand Gehlot, Hon’ble Governor, Karnataka
   17. Guest of Honour: Shri Basavaraj Bommai, Hon’ble Chief Minister, Karnataka
   18. Special Guest: as the and Smt. Smriti Zubin Irani, Hon’ble Minister, Ministry of Women & Child Development, Government of India.

8. Current Updates on Environment, Bio-Diversity, Climate Change and Sustainable Development

India, Pakistan most vulnerable to climate change: IPCC Report (March 02, 2022)

• The second instalment of the ‘Intergovernmental Panel on Climate Change’ (IPCC) Report titled “Climate Change 2022: Impacts, Adaptations, and Vulnerability’ was released on February 28, 2022.
• This report has cautioned that the extreme climatic conditions are threatening the food security South Asia with escalated droughts and floods making India and Pakistan the most vulnerable to climate change.
• It also further mentioned that the temperatures enhance not only the ozone production but also the ozone uptake by plants, exacerbating yield and quality damage.
• Impact on India: If it is assumed that the range of temperature increases from 1 degree to 4 degree Celsius, then

1. 1. The rice production in India can decrease from 10% to 30%
   2. The maize production can decrease from 25 per cent to 70 per cent

8.1 National Energy Conservation Day 2021

• National Energy Conservation Day is celebrated across India every year on December 14th to raise awareness about energy conservation.
• The day is also known as Energy Efficiency Day.
• The Union Ministry of Power celebrated National Energy Conservation Week under Azadi ka Amrit Mahotsav from December 8-14, 2021.
• The Bureau of Energy Efficiency (BEE) of India had implemented the Energy Conservation Act in 2001.
• The BEE is a constitutional entity that assists the government in the creation of energy saving policies and programmes.

8.2 India launched e-AMRIT Portal on electric vehicles at COP26

• India on November 10, 2021, launched an electric vehicle awareness web portal called e-Amrit at the ongoing COP26 Summit in Glasgow, UK.
• NITI Aayog Adviser Sudhendu Jyoti Sinha and the UK High-Level Climate Action Champion Nigel Topping attended the launch of e-Amrit.
• The 26th Conference of Parties (COP26) Summit began on October 31, 2021.

8.3 e-AMRIT Portal

• The e-AMRIT portal aims to accelerate the initiatives of the government on raising awareness of electric vehicles and sensitizing consumers on the benefits of adopting electric vehicles.
• The e-AMRIT portal aims to be an accelerator of change and influence millions of users and stakeholders to adopt electric vehicles.
• PLI and FAME are some of the schemes that are significant in the creation of an ecosystem for the early adoption of electric vehicles.

8.4 National Mission of Clean Ganga (NMCG)

• The NMCG has been registered in the Guinness Book of World Records on the first day of Ganga Utsav- the River Festival 2021 for the highest number of photos of handwritten notes that were uploaded on Facebook in an hour.

8.5 Ganga Utsav 2021

• The NMCG celebrates Ganga Utsav annually to mark the anniversary of the announcement of River Ganga as the National River.
• The Union Minister for Jal Shakti Gajendra Singh Shekhawat on November 1, 2021, inaugurated the 5th edition of Ganga Utsav. The three-day festival is being organized from November 1-3, 2021.
• Taking inspiration from PM Modi’s call for ‘Nadi Utsav’, the aim of the festival is to take Ganga Utsav to all the river basins in India.
• The Continuous Learning and Activity Portal (CLAP) was also launched.

8.6 India’s first green hydrogen-based microgrid project in Andhra Pradesh (December 15, 2021)

• National Thermal Power Corporation (NTPC) Limited, a state-run power giant, announced on February 15, 2021, that it has awarded a standalone fuel-cell based green hydrogen microgrid project at Simhadri (near Vishakhapatnam) in Andhra Pradesh.
• This project is in line with PM Modi’s vision of the country becoming carbon neutral by 2070 and for making Ladakh a carbon-neutral territory.

9. Latest Developments in Science and Technology, Information Technology Computers and Space Science

9.1 Chandrayaan-3 launch scheduled for August 2023

• The Chandrayaan-3 mission is the third planned lunar exploration mission by the Indian Space Research Organisation (ISRO).
• It follows ISRO’s Chandrayaan-2 mission of July 2019, which though successfully deployed its orbiter around the Moon but failed to soft-land its lander and deploys its rover after a last-minute glitch in soft landing guidance software.
• The Chandrayaan-2 was sent aboard the country’s most powerful geosynchronous launch vehicle, the GSLV-Mk 3. However, lander Vikram, instead of a controlled landing, ended up crash-landing on September 7, 2019, and prevented rover Pragyaan from successfully travelling on the surface of the moon. Had the mission been successful, it would have been the first time a country landed its rover on the moon in its maiden attempt.
• The Chandrayaan-3 mission is expected to be launched in August 2023, S. Somnath, Chairman, Indian Space Research Organisation (ISRO), said (in October 2022) on the sidelines of a conference.
• Chandrayaan-3 is not a replica of Chandrayaan-2. It also has rover but the engineering is significantly different.

9.2 New ISRO Chief

• Shri S. Somanath has been appointed as the new Chief of the Indian Space Research Organisation (ISRO). He assumed the charge of Secretary, Department of Space and Chairman, Space Commission on 14th January 2022.
• The Appointments Committee of the Cabinet (ACC) approved the appointment of S. Somanath to the post of Secretary, Department of Space and ISRO Chairman on January 12, 2022 for a combined tenure of three years from the date of joining of the post.
• He succeeded K. Sivan as the new ISRO Chairman on completion of his tenure on January 7, 2022.

9.3 Digital Sansad application

• Lok Sabha Speaker Om Birla has launched the official mobile application of the Parliament named ‘Digital Sansad App’ on January 27, 2022, to allow citizens to access live proceedings of the House, including the Union Budget 2022 live.
• The app will make the Parliament and Parliamentary proceedings accessible not only to the members but also to the public of the country.
• Through the Digital Sansad App, citizens can check what their members of Parliament are doing, what debates they are participating in and what they are saying.
• Using the app, parliamentarians can also digitally log their attendance.The app contains information on budget speeches since 1947. The archive on House discussions will be from the 12th to the 17th Lok Sabha session.

9.4 O-SMART Scheme

• O-SMART is acronym of ‘The Ocean Services, Modelling, Applications, Resources and Technology’.
• This scheme was approved by the Union Cabinet chaired by PM Narendra Modi on August 29, 2018 and implemented by the Ministry of Earth Sciences.
• It aims at stepping up ocean research and setting up early warning weather systems.
• It addresses ocean development activities such as services, technology, resources, observations and science and provides necessary scientific and technological background required for implementation of various aspects of Blue Economy.
• The Cabinet Committee on Economic Affairs on November 24, 2021, approved for continuing the umbrella scheme ‘O-SMART’ during 2021-26 at a cost of Rs 2,177 crores.

9.5 Indian scientists discover exoplanet

• A new exoplanet with a mass of 1.5 times that of the Sun and about 1.4 times bigger than Jupiter has been discovered by the exoplanet search and study group at the Ahmedabad-based Physical Research Laboratory (PRL).
• Professor Abhijit Chakraborty led the discovery team comprising students and international collaborators from the US and Europe. The exoplanet located at 725 light-years away is the second discovery by the PRL scientists, the first exoplanet K2-236b at 600 light-years away was discovered in 2018.
• Exoplanets:

1. 1. The US space agency NASA defines exoplanets are planets that orbit around other stars.
   2. These planets are found outside of the Solar System.
   3. All planets in the Solar System orbit around the Sun.

9.6 Samudrayaan Mission: India’s first unique manned ocean mission (October 30, 2021)

• The Ministry of Earth Sciences (MoES) has launched India’s first manned ocean mission “Samudrayaan” in Chennai.
• With this Unique Ocean Mission, India joined the elite club of nations such as the US, Russia, France, Japan, and China to have niche technology and vehicles to carry out subsea activities.
• It is India’s first unique manned ocean mission that aims to send men into the deep sea in a submersible vehicle for deep-ocean exploration and mining of rare minerals.
• It will send three persons in a manned submersible vehicle MATSYA 6000 to a depth of 6000 metres into the sea for deep underwater studies.
• Submarines go only about 200 metres.
• It is a part of the Rs 6000-crores Deep Ocean Mission.

9.7 Astronomers discover closest black hole to earth: November 4, 2022

• Gemini North telescope on Hawai reveals first dormant, stellar-mass black hole in our cosmic backyard. This black hole is called as “Gaia BHI”.
• Black holes are the most extreme objects in the Universe. Supermassive versions of these unimaginably dense objects likely reside at the centers of all large galaxies. Stellar-mass black holes — which weigh approximately five to 100 times the mass of the Sun — are much more common, with an estimated 100 million in the Milky Way alone.
• Astronomers using the International Gemini Observatory, operated by NSF’s NOIR Lab, have discovered the closest-known black hole to Earth. This is the first unambiguous detection of a dormant stellar-mass black hole in the Milky Way. Its close proximity to Earth, a mere 1600 light-years away, offers an intriguing target of study to advance our understanding of the evolution of binary systems.