LawLoveLegal

Supreme Court Questions Delhi Government on Lax Enforcement of Diwali Firecracker Ban to Curb Air Pollution In response to severe concerns about air pollution in Delhi, the Supreme Court of India  questioned the Delhi government on Monday regarding the apparent flouting of the firecracker ban during Diwali celebrations . Despite the ban being enforced to reduce air pollution, reports indicated widespread non-compliance, leading the court to demand an explanation from both the Delhi government and the Delhi Police. Supreme Court Orders Affidavits from Delhi Government and Police Commissioner A bench of Justices Abhay S Oka and Augustine George Masih  requested that the Delhi government submit an affidavit detailing the steps taken to enforce the firecracker ban. The bench voiced concerns over reports indicating that the ban was not effectively implemented, thereby exacerbating the city’s air quality issues. It also directed the Delhi Police Commissioner  to provide an expl...

Airports Authority of India Observes Vigilance Awareness Week 2024: Promoting Integrity for National Prosperity The Airports Authority of India (AAI) commemorated Vigilance Awareness Week (VAW) 2024 from October 28 to November 3 , under the theme, "Culture of Integrity for Nation's Prosperity." The observance focused on promoting a culture of integrity, vigilance, and accountability across all AAI airports and establishments, emphasizing how vigilance contributes to effective governance and organizational success. Inauguration of Vigilance Awareness Week 2024 The observance kicked off with the Integrity Pledge administered by H Srinivas , Member (HR), at a special event at AAI Corporate Headquarters in New Delhi. Joined by senior officers, Srinivas called on all employees to participate sincerely in VAW activities, underscoring the significance of vigilance in maintaining an ethical work environment. Chief Vigilance Officer (CVO) Nikhil Kumar Kanodia and other AAI Bo...

India's Employment Growth: Capital-Intensive Sectors Lead While Labor-Intensive Industries Dominate Jobs A recent report by Goldman Sachs  highlights India’s employment growth dynamics, revealing that capital-intensive sectors  have shown faster employment growth compared to labor-intensive sectors  over the past decade. However, labor-intensive industries continue to hold a larger share of jobs in India, reflecting a diverse employment landscape. Shift Toward Capital-Intensive Sectors in Manufacturing The report emphasizes India’s impressive performance in capital-intensive manufacturing sub-sectors  such as chemicals, machinery, and electronics. These industries have outpaced labor-intensive sectors like textiles and footwear in both export growth and employment . This shift has been largely attributed to government incentives , such as the Production-Linked Incentive (PLI) scheme , aimed at boosting high-value product exports to developed markets. According to the...

MeitY Launches Digital India Common Service Center Project, Starting in Pilibhit and Gorakhpur The Ministry of Electronics and Information Technology (MeitY)  is embarking on a transformative initiative—the Digital India Common Service Center (DICSC) project —to bridge the digital divide in rural India and bring e-governance services to citizens in remote areas. This ambitious project will launch with model centers in Pilibhit  and Gorakhpur , with plans to roll out across 10 districts in India. DICSC Project Scope and Locations The DICSC project will establish nearly 4,740 centers across 10 districts , with a model center in nearly every gram panchayat. Pilibhit will receive 720 centers , while Gorakhpur will have 1,273 centers . Other locations selected for the initiative include: - Chhatrapati Sambhajinagar (Maharashtra): 870 centers - Chamba (Himachal Pradesh): 309 centers - Khammam (Telangana): 589 centers - Gandhinagar (Gujarat): 288 centers - Mamit (Mizoram): 100 ...

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 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 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 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 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 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 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 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 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 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 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 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 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...