Today’s Legal Updates

Tuesday, 2nd August 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- I  THE EXECUTIVE  (Officers of Parliament)

Article – 79 The Chairman and Deputy Chairman of the Council of States.

  1. The Vice- President of India shall be ex officio Chairman of the Council of States.
  2. The Council of States shall, as soon as may be, choose a member of the Council to be Deputy Chairman thereof and, so often as the office of Deputy Chairman becomes vacant, the Council shall choose another member to be Deputy Chairman thereof.

Today’s Legal Updates :-

  1. On Monday Times Now news anchor Navika Kumar has moved the Supreme Court seeking quashing of the criminal proceedings initiated against her in different States in connection with the remarks made by former BJP spokesperson Nupur Sharma against Prophet Muhammad on a debate aired by the channel.
    • The Supreme Court had already issued notice on a similar plea by Nupur Sharma after first information reports (FIRs) were registered against her in different parts of the country for her remarks about the Prophet Muhammad.
    • the apex court had demanded, What was the TV debate for? Only to fan a agenda? Why did they choose a sub judice topic.
  2. On Tuesday the Supreme Court held that providing 100 percent reservation in favour of teachers of scheduled districts/area is unconstitutional and compromises quality of education.  (Satyajit Kumar and ors vs State of Jharkhand and ors)
    • the Supreme Court said, The quality of education of the school-­going children cannot be compromised by giving 100% reservation in favour of the teachers of the same/some districts and prohibiting the appointment to more meritorious teachers.
    • the judgment said, The opportunity of public employment cannot be denied unjustly to the incumbents, and it is not the prerogative of a few. The citizens have equal rights, and the total exclusion of others by creating an opportunity for one class is not contemplated by the founding fathers of the Constitution of India.
    • in case appointments already made are not protected then thousands of schools in the State of Jharkhand would be without teachers and the ultimate sufferers would be the children of tribal areas … the Court has to strike a balance between the rights of the original writ petitioners as well as persons/teachers already appointed (whose appointments are held to be illegal) and also the public interest … [if] fresh de novo recruitment process for such posts is initiated, a number of schools in the Scheduled Areas shall be without any teacher which may ultimately affect larger Page 106 of 107 public interest and education of concerned children in the Scheduled Areas.
    • the Court said, The order/ notification making 100% reservation for the local resident of the concerned scheduled districts/areas is is violative of Article 16(2) of the Constitution of India as it affects the fundamental rights guaranteed to the candidate belonging to the non-­scheduled areas guaranteed under part III of the Constitution of India. As per Article 13 of the Constitution of India, the State shall Page 95 of 107 not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of Article 13(2) shall to the extent of the contravention, be void,
  3. On Tuesday the Madras High Court allowed a couple to solemnize their marriage through video conference, while noting that the right to marry is a fundamental right. (Vasmi Sudarshini v. Sub Registrar)
    • the Court said, In this case, the parties have chosen the online mode. Since law has to keep pace with the march of technology, the choice of the parties herein very much passes legal muster.
    • Justice Swaminathan observed, If a golden statue of Sita can be a substitute for her physical presence, I have no hesitation to hold that virtual presence through online would meet the requirements of law under Section 12 of the Special Marriage Act, 1954.
    • After noting various precedents of marriage by proxy, the Court said, In this case, the parties do not propose to conduct proxy marriage. The bridegroom will be very much present. The only distinguishing feature will be his presence being virtual and not physical. Section 12 of the Act does not exclude virtual presence…If the respondent had taken steps right then, the present situation would not have arisen at all. Just as an act of the court should not harm any party, the default committed by the authority ought not to result in prejudicial consequences.
    • Right to marry is a fundamental human right. Sections 12 and 13 of the Special Marriage Act, 1954 should be so construed as to effectuate this right.
  4. Last Week the Bombay High Court held Insulting a person by using abusive language itself will not amount to the offence of abetment of suicide under Section 306 of the Indian Penal Code (IPC). (Tejas Pomraj Parihar vs State of Maharashtra)
    • the Court held, Thus, the act of the accused, however insulting the deceased by using abusive language, by itself will not constitute abetment of suicide. There should be evidence capable of suggesting that the accused intended by such act to instigate the deceased to commit suicide. Unless the ingredients of instigation/abetment to commit suicide has satisfied, the accused cannot be convicted under section 306 of IPC.
    • the judge noted, The suicide note when perused, reflect the mental state of a girl, who felt dejected when in front of her family she was made to admit relationship with Karan but he refused to perform the marriage. In the fit of frustration, she has written that the entire family of Karan shall be punished.
    •  the judge observed, Without a positive act on part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by various Courts, revolving around section 306 of IPC, make it clear that there has to be a clear mens rea to commit the offence. It also requires an active and direct role, leading the deceased to commit suicide, seeing no option and that the act must have been intended to push the deceased into such a position that s/he committed suicide.

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