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LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Sep 08, 2022

Women Reservation Bill: Petition Filed in Supreme Court Seeking Reintroduction of Bill

  • Supreme Court received a petition seeking reintroduction of Women's Reservation Bill which will provide 33 percent reservation for the women in the parliament and State legislatures.
  • A bench of Justice Sanjiv Khanna and Justice J.K. Maheshwari said that it is a pertinent matter and has ordered the petitioner to serve a copy of the same to the Central government. The bench also posted the case for further consideration.
  • The Women's reservation bill also known as the One Hundred & Eighth Amendment Bill, 2008 contemplated reservation of 33% seats in the Lok Sabha and all State Legislative Assemblies for women.
  • The petition was filed before the Apex Court by the National Federation of Indian Women (NFIW) through advocate Prashant Bhushan stating that the action by the respondent in not placing the beneficial legislation before the Lok Sabha.

'Paperless' Constitution Bench to Hear Delhi Govt. vs Centre Case

  • It will be a paperless Constitution Bench hearing of the tussle between Delhi Government and the Centre for control over bureaucracy in the national capital.
  • A five-judge Constitution Bench led by Justice D.Y. Chandrachud, which took up the matter, said that it would be a "Green Bench" using no paper files during the hearing. IT staffs of the top court were ready to train senior lawyers to enable them to function in a paperless manner.
  • The Bench – which also included Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli and Justice PS Narasimha—tentatively agreed to commence hearing from October 11 even as it said it will fix the timeline for hearing on September 27.

Sep 07, 2022

Govt. Extends Tenure of the Company Law Committee by One Year

  • The government extended the tenure of the Company Law Committee, which was constituted in 2019, by one year.
  • The term of the panel which was set up by the corporate affairs ministry in September 2019, was extended last year also.
  • The committee has the mandate for examining and making recommendations to the government on various issues related to implementation of the Companies Act and Limited Liability Partnership Act.
  • Currently, the 11-member committee is chaired by Corporate Affairs Secretary Rajesh Verma.

Supreme Court Issues Notice to Centre on Scrapped Section 66A of IT Act Being Used in FIRs, Arrests

  • The Supreme Court issued notice to the Central Government on a petition alleging that the scrapped Section 66A of the Information Technology Act, 2000 was still being used in filing of FIRs and making arrests across the country.
  • A Bench of Chief Justice U.U. Lalit and Justice Ravindra Bhat directed the Union Government to get in touch with Chief Secretaries of states, where cases under Section 66A of IT Act were still being registered and impress upon them to take remedial measures.
  • The Apex Court granted the Centre three weeks time to complete the whole exercise.
  • The notice was issued on a petition seeking directions to implement the verdict in Shreya Singhal vs Union of India, which declared Section 66A of the IT Act as unconstitutional.
  • Section 66A granted wide powers of arrest to the government for 'grossly offensive' or 'menacing' information shared online. The same was struck down by the Supreme Court in 2015 for violating the right to freedom of speech and expression.

Sep 06, 2022

Court Cannot Become a Tool for the Petitioner's Resume: Delhi High Court

  • The Delhi High Court has come up very badly on a frivolous petition filed by a law student, seeking compensation for detrimental effects of air pollution on his health.
  • The petition was heard by a single-judge bench of Justice Yashwant Varma who not only rejected the plea but also said that court is a serious place which cannot become a tool for the petitioner's resume or CV.
  • The petitioner had moved to the Court for seeking compensation of Rs. 15 lakh and health insurance of Rs. 25 lakh.
  • In its findings, Court noted that no evidence or medical report was found, which could clarify the claims made.The Court noted that there was no medical proof to show any personal injury to the petitioner and the plea is misconceived.

Sep 05, 2022

President Nominates Justice DY Chandrachud as Next Chairperson of NALSA

  • Justice D. Y. Chandrachud, a second senior-most judge in the Supreme Court, was nominated as executive chairman of the National Legal Services Authority with immediate effect.
  • President Droupadi Murmu nominated Justice Chandrachud to head the NALSA as executive chairman under the Legal Services Authorities Act, 1987.
  • Justice Chandrachud took up the position that became vacant after Justice U.U. Lalit was elevated as the 49th Chief Justice of India.
  • The NALSA was constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society.

Sep 04, 2022

UP Govt. Liable for Paying Compensation for Hooch Deaths, Says HC

  • The Allahabad High Court held the Uttar Pradesh government liable for paying compensation for deaths due to consumption of spurious liquor and directed it to file a reply within two weeks to a petition related to the death of 25 people after having hooch in Azamgarh in May 2021.
  • A division bench of justices SP Kesarwani and Saurabh Srivastava said prima facie the government has complete control and regulates the manufacturing and sale of liquor. "...[It] is also liable to pay a specified amount to the sufferer or successors of the deceased under the provisions of Mukhya Mantri Kisan Evam Sarvhit Bima Yojna, which provides for compensation on account of death or permanent disability due to poison etc."
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