Governance, Indian Polity & Constitution
Context: Recently, the CJI reprimanded a student for filing a caveat in a petition seeking menstrual leave.
- A caveat refers to a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
- The person lodging the caveat is called a “caveator”.
- The term “caveat” is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling in the “Nirmal Chandra Dutta vs Girindra Narayan Roy” case.
- It is a precautionary measure taken against the grant of probate or letters of administration, as the case may be, by the person lodging the caveat.
- Section 148A of the Civil Procedure Code (CPC) , elaborating upon a caveat was inserted by the Amendment Act of 1976, after the Law Commission’s recommendation.
- Any person can lodge a caveat in a Court.
- The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application
- It was recently used in the “Shailendra Mani Tripathi v. Union of India & Others”, a petition seeking menstrual leave for female students and working women across Indian institutions.
Source: The Indian Express
Previous Year Questions
Q.1) With reference to the writs issued by the Courts in India, consider the following statements: (2022)
- Mandamus will not lie against a private organization unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public-minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above is correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Q.2) With reference to Indian Judiciary, consider the following statements. (2021)
- Any retired judge of the Supreme Court of India can be called back to sit by the Chief Justice of India with the prior permission of the President of India.
- A High court in India has the power to review its own judgment as the Supreme Court does.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
For a dedicated peer group, Motivation & Quick updates, Join our official telegram channel – https://t.me/IASbabaOfficialAccount
Subscribe to our YouTube Channel HERE to watch Explainer Videos, Strategy Sessions, Toppers Talks & many more…