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LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Aug 11, 2023

Parliament Passes Digital Personal Data Protection Bill

The Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 today, it was already approved by Lok Sabha on August 07.
The Bill seeks "to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes."
It applies to the processing of digital personal data within the territory of India where the personal data is collected in digital form or in non-digital form and digitised subsequently.
It also applies to processing of digital personal data outside the territory of India, if such processing is in connection with any activity related to offering of goods or services "to Data Principals within the territory of India."
"Data Principal" is defined as the individual to whom the personal data relates.
According to the Bill, the personal data can be processed only after taking the consent and for certain "legitimate uses". "Personal data" is defined under the Bill as "any data about an individual who is identifiable by or in relation to such data."
It empowers the central government to exempt government agencies from the application of provisions of the Bill in the interest of specified grounds such as security of the state, public order, and prevention of offences.
The Bill requires establishment of the Data Protection Board of India by the central government. It will monitor compliance and imposition of penalties, direct data fiduciaries to take necessary measures in the event of a data breach and hear grievances made by affected persons.
Penalties are also provided for various offences such as for non-fulfilment of obligations for children upto Rs 200 crore, and for failure to take security measures to prevent data breaches, upto Rs 250 crore.

Aug 10, 2023

Delhi Ordinance Bill: People of Delhi will give befitting reply to BJP in elections, says AAP

After an extensive 8-hour debate on Monday, the Rajya Sabha approved the Delhi Services Bill, granting the Central government authority over bureaucrats in the city. AAP leader Atishi stated that despite this outcome, her party and the residents of the national capital will persist in their struggle against the BJP.
Union Home Minster Amit Shah on 7 August is set to move the Government of National Capital Territory of Delhi (Amendment) Bill, 2023 in Rajya Sabha. This comes after the bill was passed in the lower house i.e. in Lok Sabha on 3 August by voice vote. The ordinance on the control of services in Delhi was promulgated in May days after the Supreme Court verdict on the issue.
Currently in Rajya Sabha, there are a total of 245 seats of which eight are vacant and makes the total number of seats to 237. The majority mark to pass the Bill in Rajya Sabha will be 119. On the other hand, with the combined numbers of all parties who have extended support to AAP, including the Congress, is 105.

Aug 09, 2023

JAPANESE LAW FIRM TNY LEGAL TO LAUNCH INDIA OFFICE

TNY Legal is set to become the first Japanese law firm to establish an office in India, almost five months after the country opened its domestic legal market to foreign players.
The India office will focus on advising Japanese multinationals with their India businesses, particularly on regulatory investigations, liaising with government authorities for permits and licenses, corporate M&A and advisory, contract drafting, labour disputes, intellectual property and dispute resolution, TNY Legal's co-managing partner Yuji Tsutsumi told ALB.

Aug 08, 2023

Justice Subhasis Talapatra New Chief Justice of Orissa High Court

Justice Subhasis Talapatra, Judge of the Orissa High Court took oath as the 33rd Chief Justice of the High Court consequent upon the superannuation of its former Chief Justice S. Muralidhar. He was administered oath by Prof. Ganeshi Lal, Governor of Odisha.
The name of Justice Talapatra, as the Chief Justice, was recommended by the Supreme Court Collegium last month which was later approved by the Central Government.
Justice Talapatra was born on October 4, 1961 at Udaipur, Tripura. He did his graduation in Arts and Law from University of Calcutta and was enrolled with the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh on September 12, 1990.
He practiced mainly at Agartala Bench of the Gauhati High Court and appeared in various constitutional, civil and criminal matters. Later, he was designated as a Senior Advocate on December 21, 2004.
He was appointed as a Permanent Judge of the Tripura High Court on September 13, 2013. He served as the Acting Chief Justice of the Court twice, i.e. from 02.11.2018 to 13.11.2018 and again from 11.11.2019 to 15.11.2019.

Justice R. B. Deo of Bombay High Court Resigns

Citing personal reasons, Justice Rohit B. Deo of the Bombay High Court resigned from office, announcing it in his courtroom in Nagpur where the High Court has a bench.
He was to retire on December 4, 2025.
He led a two-judge bench which, on October 14, 2022, acquitted sacked Delhi University professor G N Saibaba who had been sentenced to life imprisonment in 2017 over alleged Maoist links. The bench cited absence of valid sanction under the Unlawful Activities (Prevention) Act and declared the trial proceedings in a Gadchiroli court "null and void". It also acquitted five others sentenced by the lower court.
Deo was appointed additional Judge of the Bombay High Court on June 5, 2017, he was made a Permanent Judge on April 12, 2019.
He had been an Assistant Solicitor General, representing the Central government before the Nagpur bench, and was also Advocate General of Maharashtra.
Justice Deo is the third judge of the Bombay High Court to resign in the last three years.

Aug 07, 2023

Jagdeep Dhankar Raised Complaints against Two Prominent Opposition Members.

Jagdeep Dhankar, the Chairman of Rajya Sabha, raised complaints against two prominent opposition members- Derek O'Brien and Raghav Chadha, pertaining to alleged breaches of parliamentary privileges. ecently, the Chairman of Rajya Sabha, Jaydeep Dhankar raised complaints against two prominent opposition members- Derek O'Brien from the TMC and Raghav Chadha from Aam Aadmi Party. The complaints, which pertain to alleged breaches of parliamentary privileges, have further intensified the ongoing political tussle during the sittings.
According to the Rajya Sabha secretariat, notice against Derek O'Brien was filed for publishing the clippings of his statement made in the House on his Twitter handle, despite those being removed from the record by the Chairman.
The complaint against Raghav Chadha alleges an intentional and deliberate act of presenting misleading facts to the media with respect to the suspension of an Aam Aadmi Party's MP, Sanjay Singh, from the remaining period of the Monsoon session of the Rajya Sabha.

The Central Government has Granted a One-Year Extension to Cabinet Secretary Rajiv Gauba.

The Central government has granted a one-year extension to Cabinet Secretary Rajiv Gauba, making him the longest-serving cabinet secretary in India's historyCabinet Secretary Rajiv Gauba has been officially granted a one-year extension by the Central government, making him the longest-serving cabinet secretary in India's history.
The decision was made by the Appointments Committee of the Cabinet (ACC).
This extension comes as a result of the relaxation of important rules, allowing him to continue in his position beyond August 30, 2023.

The Rules of Extension:

The Central government has the authority to grant an extension in service to the cabinet secretary in the public interest. However, this extension cannot exceed four years in total.
•By relaxing the All India Services (Death-Cum-Retirement Benefits) Rules, 1958, and Rule 56(d) of the Fundamental Rules, Rajiv Gauba's extension has been made possible.

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