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Showing posts from October, 2024

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...

Understanding Parliamentary Committees: Roles, Types, and Importance in Legislative Functioning

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Understanding Parliamentary Committees: Roles, Types, and Importance in Legislative Functioning Parliamentary Committees  play a crucial role in the functioning of India's legislative framework, providing specialized, detailed work that helps streamline the workload of Parliament. These committees investigate issues, deliberate on bills, review policies, and ensure that government actions align with public interest. This article provides an in-depth look at the types of Parliamentary Committees , their roles, and why they are essential to India’s legislative process. 1. What Are Parliamentary Committees? Parliamentary Committees are smaller bodies comprising Members of Parliament (MPs) appointed to handle specific tasks that are too complex for full parliamentary debates. These committees conduct the majority of Parliament's detailed work by studying various matters, including proposed legislation, financial considerations, and government performance. The recommendations from ...

Delhi High Court Quashes Summons Against Former DU College Principal in Employee Suicide Case

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Delhi High Court Quashes Summons Against Former DU College Principal in Employee Suicide Case The Delhi High Court  has set aside the summons issued to Dr. G.K. Arora , the former principal of B.R. Ambedkar College , University of Delhi, in connection with a high-profile suicide case. The case involved a female lab attendant who self-immolated  in front of the Delhi Secretariat  and later succumbed to her injuries. She had alleged harassment by Dr. Arora and another college employee in her suicide note, prompting legal action and media attention. Court’s Decision to Set Aside Summons Justice Amit Sharma of the Delhi High Court quashed the September 17, 2014, summoning order issued by the Metropolitan Magistrate, Tis Hazari Courts . On October 29, 2024 , Justice Sharma ruled that Dr. Arora and co-petitioner Ravinder Singh could not be held responsible based on the evidence provided and the conclusions drawn by various investigating authorities. The judge noted that mul...

RBI Report Highlights India’s Forex Reserves Cover at 11.2 Months of Imports

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RBI Report Highlights India’s Forex Reserves Cover at 11.2 Months of Imports The Reserve Bank of India (RBI) released a detailed report on October 24, 2024 , presenting an overview of India’s foreign exchange reserves  and the country’s International Investment Position (IIP) . The report provides insights into India's economic resilience against external shocks and highlights changes in reserves and liabilities as of June 2024 . India’s Forex Reserves Import Cover Declines Slightly According to the RBI report, as of June 2024 , India's foreign exchange reserves cover stands at 11.2 months  of imports (balance of payments basis), down from 11.3 months  at the end of March 2024 . This decline, although minor, reflects a slight reduction in the buffer against external economic volatility. The import cover is a crucial indicator of the country’s financial health, as it denotes how many months of imports can be supported by the current forex reserves, demonstrating India's ...

Delhi Police Under Scrutiny for Delays in Lodging FIR in Kidnapping Case

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Delhi Police Under Scrutiny for Delays in Lodging  FIR in Kidnapping Case The Delhi Police  have come under criticism for delays in registering an FIR in a kidnapping case , where six months elapsed between the initial missing person report and the registration of an FIR. This matter, brought to light in a habeas corpus case pending before the Delhi High Court , highlights concerns over law enforcement’s efficiency in handling sensitive missing persons cases. Case Background: Missing Boy in Bhajanpura On January 10, 2024 , a boy went missing from the Bhajanpura area of Delhi . Despite his mother’s repeated attempts to seek help, the police registered an FIR only on June 29, 2024 , under Section 365 of the Indian Penal Code (IPC) , which pertains to kidnapping or abduction with intent to confine. Frustrated with the lack of progress, the mother, represented by Advocate Fozia Rahman , filed a habeas corpus petition in the Delhi High Court to expedite the search for her son. S...

Supreme Court Restores Compensation in Motor Accident Claim: Upholds School Leaving Certificate as Age Proof

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Supreme Court Restores Compensation in Motor Accident Claim: Upholds School Leaving Certificate as Age Proof In a recent ruling on October 24, 2024 , the Supreme Court of India revisited a motor accident compensation case, Saroj & Ors. vs. IFFCO-Tokio General Insurance Co. & Ors. , concerning the tragic death of Silak Ram in a 2015 motorcycle accident. The judgment addressed two key aspects: the method of calculating compensation and the authenticity of documents for age determination. The Court upheld the Motor Accident Claims Tribunal’s (MACT) original award, which the Punjab and Haryana High Court had significantly reduced. Background of the Case On August 4, 2015 , Silak Ram was fatally injured in a motorcycle accident. His family subsequently filed a compensation claim with the MACT, Rohtak, which awarded ₹19,35,400  plus 7.5% interest. The insurance company appealed, and the High Court reduced the award to ₹9,22,336 , citing discrepancies in income estimation and...

Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

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Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more eff...

Justice Sanjeev Khanna Appointed as the 51st Chief Justice of India, Effective November 11

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Justice Sanjeev Khanna Appointed as the 51st Chief Justice of India, Effective November 11 The Central Government of India has announced Justice Sanjeev Khanna  as the next Chief Justice of India (CJI) , with his term starting on November 11, 2024 . Justice Khanna, who succeeds the retiring CJI Justice DY Chandrachud , will become the 51st Chief Justice of India  and is set to serve a six-month term until May 2025 . Official Notification of Appointment The Ministry of Law and Justice released a formal notification confirming Justice Khanna's appointment under Clause (2) of Article 124  of the Indian Constitution , granting the President authority to appoint the Chief Justice of India in consultation with the current CJI. Union Law Minister Arjun Ram Meghwal  shared the news, emphasizing Justice Khanna’s appointment as effective November 11, 2024. Justice Sanjeev Khanna’s Judicial Journey and Landmark Judgments Born on May 14, 1960 , Justice Khanna has served with d...

Supreme Court Directs Special PMLA Court to Withhold Judgment Until Charges Are Framed in CBI Case

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Supreme Court Directs Special PMLA Court to Withhold Judgment Until Charges Are Framed in CBI Case In a significant ruling, the Supreme Court of India directed a  Special Court under the Prevention of Money Laundering Act (PMLA) to refrain from passing a final judgment in a money laundering case until charges are framed in a related Central Bureau of Investigation (CBI) offence. This decision emphasizes the importance of coordination between parallel proceedings under the PMLA and the CBI’s investigation into predicate offences. The Bench, comprising Justice Bela M. Trivedi ** and Justice Satish Chandra Sharma , delivered the ruling on Tuesday, stating that although the PMLA trial may continue in accordance with the law, the Special Court must withhold its judgment until the charges are framed in the CBI’s predicate offence case. Background of the Case The case in question involves a Hong Kong-based company director **, implicated in a large-scale financial fraud involving Pun...

Supreme Court Quashes FIR Against HDFC Bank: No Mens Rea in Locker Operation Case

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Supreme Court Quashes FIR Against HDFC Bank: No Mens Rea in Locker Operation Case Introduction: The Case Overview In a landmark ruling delivered on October 22, 2024, the Supreme Court of India quashed the criminal proceedings against HDFC Bank and its officials in the case of HDFC Bank Ltd. v. The State of Bihar & Ors (2024 INSC 807). This judgment arose from a criminal appeal related to the quashing of an FIR lodged against HDFC Bank officials for allegedly violating an income tax restraining order. Relevant Facts of the Case The case began when income tax authorities conducted a search and seizure operation at the Gandhi Maidan branch of HDFC Bank, Patna, as part of an investigation involving several tax assessees, including the Khemka family. The authorities had issued a restraining order under Section 132(3) of the Income Tax Act, 1961, on October 5, 2021, which prevented the operation of bank accounts and lockers belonging to these assessees, particularly Smt. Sunita Khemka. ...

Supreme Court Reaffirms Secularism as Part of India's Constitution

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Supreme Court Reaffirms Secularism as Part of  India's Constitution The Supreme Court of India  reiterated on Monday that secularism  is a fundamental part of the basic structure of the Indian Constitution . This reaffirmation came during a hearing of petitions that sought to remove the words "secular" and "socialist" from the Preamble  of the Constitution. The debate surrounding these terms centers on whether they were intended to be part of the original framework or were later inserted with a specific political agenda. The Petition and Its Origins The petition was spearheaded by BJP leader Subramanian Swamy and joined by lawyers Balram Singh , Karunesh Kumar Shukla , and Ashwini Upadhyay . Swamy contended that the words "secular" and "socialist," inserted into the Preamble through the 42nd Constitutional Amendment Act, 1976 , were not part of the original vision of the Constitution's framers. Swamy argued that these terms, added durin...

Supreme Court Upholds Constitutional Validity of Section 6A of Citizenship Act: Balancing Migration, Citizenship, and Cultural Identity in Assam

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Supreme Court Upholds Constitutional Validity of Section 6A of Citizenship Act: Balancing Migration, Citizenship, and Cultural Identity in Assam In a recent decision, the Supreme Court of India  addressed the constitutional validity of Section 6A of the Citizenship Act, 1955 , which specifically confers citizenship on a class of migrants from Bangladesh to Assam . This ruling stems from Writ Petition No. 274 of 2009  and multiple connected petitions. Section 6A was introduced after the Assam Accord of 1985 , and has been a focal point of debate due to its implications on citizenship and its alignment with the Constitution of India . Key Issues Addressed by the Court 1. Legislative Competence of Parliament: The Court analyzed whether Parliament had the constitutional authority to enact Section 6A , given that the provision grants citizenship based on a specific timeline related to migration from Bangladesh into Assam. The petitioners contended that Section 6A altered the cut-o...

Haryana Cabinet Approves Subclassification of Scheduled Castes for Fairer Reservation

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Haryana Cabinet Approves Subclassification of  Scheduled Castes for Fairer Reservation In a significant move, the Haryana Cabinet , under the chairmanship of Chief Minister Nayab Singh Saini, has approved the subclassification of Scheduled Castes (SC) within the state's reservation system. This decision aligns with the Supreme Court’s August 2024 judgment , which allows state governments to create subcategories within the broader Scheduled Caste classification. This change aims to address disparities in representation across various SC groups in government services. Promoting Equality and Opportunity through Subclassification The Haryana Scheduled Castes Commission  conducted a thorough study to assess the representation of different SC communities within government services. The study found significant inequalities between the Deprived Scheduled Castes (DSC)  and the Other Scheduled Castes (OSC)  in public employment.  According to the commission's findings: -...

Supreme Court Urges Parliament to Outlaw Child Betrothals: Protecting Children’s Rights and Autonomy

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Supreme Court Urges Parliament to Outlaw Child  Betrothals: Protecting Children’s Rights and Autonomy The Supreme Court of India, in a significant ruling, called for Parliament to consider outlawing child betrothals . The apex court emphasized that marriages fixed during a child's minority severely violate their right to free choice , autonomy, and agency. These arrangements, the court noted, take away from children their ability to choose their own life paths and partners before they are mature enough to assert their individual rights. A bench led by Chief Justice of India DY Chandrachud , alongside Justices JB Pardiwala and Manoj Misra , pointed out that while the Prohibition of Child Marriage Act (PCMA), 2006 , addresses child marriages, it does not specifically outlaw betrothals, which can be used to circumvent the penalties under this Act. Child Betrothal and Rights Violation In its judgment, the bench expressed the view that child betrothals deprive children of their right to...

Marital Rape: NGO Seeks Intervention in Supreme Court

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Marital Rape: NGO Seeks Intervention in Supreme Court  Introduction The debate around marital rape continues to intensify as the Justice for Rights Foundation , a non-governmental organization, files an application in the Supreme Court of India. The NGO expresses concerns over the potential misuse of laws if marital rape were to be criminalized, arguing that existing legal provisions already protect women from abuse within marriage. Concerns Over Legal Misuse In their application, the NGO cites Section 498A of the Indian Penal Code , which has been widely criticized for its potential misuse. They argue that criminalizing marital rape could create an additional tool for malicious prosecution, which could have severe implications for innocent husbands. The application states:   > "Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands." Existing Protections The Justice for Rights Found...

Plea in Supreme Court Seeks Re-election in 20 Vidhan Sabha Seats in Haryana Due to EVM Discrepancies

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Plea in Supreme Court Seeks Re-election in 20 Vidhan Sabha Seats in Haryana Due to EVM Discrepancies Introduction A petition has been filed in the Supreme Court of India  demanding re-election in 20 assembly constituencies in Haryana . The petition alleges suspicious election results and discrepancies in the functioning of Electronic Voting Machines (EVMs) used during the state legislative assembly elections in 2024. The plea, filed by petitioners Priya Mishra  and Vikas Bansal , claims that irregularities in EVM battery levels and functioning compromised the integrity of the election process, calling for a fresh round of voting in the affected constituencies. Details of the Petition The petition, filed through advocate Narendra Mishra , calls for re-elections in the specified constituencies, citing inconsistencies in EVM operations. It alleges that certain EVMs used during the counting of votes on October 8, 2024 , were operating at varying battery levels, ranging from 99% t...

Supreme Court: Benchmark Disability Not a Disqualification for Admission to Courses

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Supreme Court: Benchmark Disability Not a Disqualification for Admission to Courses In a significant ruling, the Supreme Court of India declared that the mere existence of a benchmark disability does not disqualify a candidate from being eligible for admission to the applied course. This ruling came to the aid of a speech and language disability candidate seeking admission to a medical course. The judgement reinforces the rights of persons with disabilities and upholds the principles of fairness and equality under the law. Bench Clarifies Its Position The judgement was delivered by a bench comprising Justice B R Gavai, Justice Aravind Kumar, and Justice K V Viswanathan. This ruling was part of a detailed judgement associated with the earlier order passed on September 18, 2024. The Supreme Court had directed a seat to be reserved for the petitioner, who was ultimately granted admission to a medical course based on the report from Maulana Azad Medical College. The Case of Omkar Ramchandr...

SC Issues Notice to Centre, Election Commission on Plea Seeking to Declare Freebies as Bribes

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SC Issues Notice to Centre, Election Commission on Plea  Seeking to Declare Freebies as Bribes In a significant legal development, the Supreme Court of India has issued notices to the Central Government and the Election Commission of India (ECI) on a petition seeking to declare pre-election promises of freebies as bribes  under the Representation of the People Act, 1951. This move brings renewed focus on the longstanding debate surrounding the practice of offering freebies by political parties in the run-up to elections. Petition Highlights Concerns Over Freebies The petition, filed by Shashank J Shreedhara , a Karnataka resident, urges the apex court to take action against political parties that promise freebies during election campaigns. The plea seeks a directive for the Election Commission to prohibit such practices, which the petitioner argues undermine the integrity of the electoral process by influencing voters with short-term personal benefits rather than focusing o...