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LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Sep 26, 2023

Armed Forces Tribunal Bar Association at Chandigarh Abstain from Work Protesting Transfer of Just...

  • The Armed Forces Tribunal Bar Association (AFT Bar Association) at Chandigarh abstained from work indefinitely to protest the transfer of judicial member Justice Dharam Chand Chaudhary from Chandigarh to the Kolkata bench of the AFT.
  • In a resolution passed by the Executive Committee of the AFT Bar on Monday, it said that the transfer was a direct assault on the independence of the judiciary.
  • Hence, it was decided that the AFT Bar Association would abstain from work until further orders.
  • Earlier, the bar body had written to Chief Justice of India (CJI) DY Chandrachud taking strong objection to the AFT chairperson's decision to transfer Justice Chaudhary.

Immunity to Legislators on Bribery: Supreme Court Sets up 7-judge Bench to Review 1998 Verdict

  • The Supreme Court set up a seven-judge bench headed by Chief Justice of India D. Y. Chandrachud for reconsideration its 1998 judgement in the P. V. Narasimha Rao case, also known as 1993 JMM bribery case, which granted immunity to MPs/MLAs from prosecution if they accepted bribery and voted or asked a question in a particular manner.
  • The other judges of the bench are Justices A. S. Bopanna, M. M. Sundresh, P. S. Narasimha, J. B. Pardiwala, Sanjay Kumar and Manoj Misra.

Sep 24, 2023

BCI Holds International Lawyers' Conference

  • Prime Minister Narendra Modi inaugurated the two-day 'International Lawyers' Conference 2023' organised by the Bar Council of India (BCI) at Vigyan Bhavan.
  • During the inauguration ceremony, Chief Justice of India D. Y. Chandrachud was the chief guest while Union Law Minister Arjun Ram Meghwal and Lord Chancellor and Secretary of State for Justice of the United Kingdom Alex Chalk KC were the guests of honour.
  • The Bar Council of India's International Lawyers' Conference 2023 at Vigyan Bhawan, New Delhi was a collaborative event with the Law Society of England and Wales, the Bar Council of England and Wales, and the Commonwealth Lawyers Association. The International Lawyers' Conference, a mega event, aimed to pave the way for introspective discourse and constructive dialogue on multiple issues concerning the Bar, the Bench, and the legal profession.
  • The Bar Council of India (BCI) hosted the International Lawyers' Conference, 2023 on the theme 'Emerging Challenges in Justice Delivery System'.

Sep 23, 2023

Supreme Court Dismisses Plea Seeking Audit of Software Used in Electronic Voting Machines

  • The Supreme Court refused to entertain a Public Interest Litigation (PIL), which sought an independent audit of the software used in Electronic Voting Machines (EVMs).
  • The Bench of Chief Justice of India D. Y. Chandrachud, Justice J. B. Pardiwala and Justice Manoj Misra dismissed the application on the grounds that the matter concerned sensitive policy issues.
  • It said that everything put out in the public domain from the Supreme Court went through a security check.
  • Since the source code of the software could not be put in public domain, as it would make the EVMs susceptible to hacking, the Apex Court declined to hear the plea.

Sep 21, 2023

In a first, Delhi High Court Records Evidence by Live Transcription

  • India's first trial with live transcription of evidence and arguments started in the Delhi High Court.
  • The live transcription of evidence is being done in a patent infringement suit filed by an American-Canadian entity, Communication Components Antenna Inc, against a German entity called Rosenberger.
  • At the outset, Justice Singh told the transcribers that they were not to be affected by either of the parties and that the transcription shall be true and correct.
  • During the process, Justice Singh said that there may be some issues in transcription because of the different accents of the counsel and the witnesses (one British and one American). Therefore, the judge said that she would check the transcription once it is done.

Sep 20, 2023

Supreme Court, NALSA launch Undertrial Review Committee Special Campaign 2023

  • The Supreme Court of India and the National Legal Services Authority (NALSA) launched a nationwide campaign to expedite the identification and review of prisoners who are eligible to be considered for release from jails.
  • The campaign termed 'Undertrial Review Committee Special Campaign 2023' was launched by Supreme Court judge Justice Sanjay Kishan Kaul who is also the Executive Chairperson of NALSA.
  • The campaign is taking place from September 18 to November 20, 2023 and will cover all districts in India.
  • The campaign aims to enhance the current operations of the Under Trial Review Committees (UTRCs) which were established pursuant to the directions of the Supreme Court in 2015. These UTRCs are led by District & Sessions Judges and include District Magistrates, Superintendents of Police, Secretaries, District Legal Services Authorities and officers-in-charge of prisons as members.
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