Today’s Legal Updates:

Friday, 26th November 2021

Constitution Day 

  1. Constitution Day (Samvidhāna Divasa), also known as “National Law Day” , is celebrated in India on 26 November every year to commemorate the adoption of the Constitution of India. On 26 November 1949, the Constituent Assembly of India adopted to the Constitution of India, and it came into effect on 26 January 1950.
  2. The Constitution of India (Bhāratīya Saṃvidhāna) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country.
  3. The Preamble to the Constitution of India presents the principles of the Constitution and indicates the sources of its authority It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic day in India.
    • WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
    • JUSTICE, social, economic and political
    • LIBERTY of thought, expression, belief, faith and worship
    • EQUALITY of status and of opportunity; and to promote among them all
    • FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
  4. The Ministry of Social Justice and Empowerment on 19th November 2015 notified the decision of Government of India to celebrate the 26th day of November every year as ‘Constitution Day’ to promote Constitution values among citizens. https://www.mygov.in/read-the-preamble-india/?utm_source=webcampaign&redirect
  5. On the occasion of Constitution Day 2021, Justice Gautam Patel of the Bombay High Court reminded citizens that history will not judge us by highways, bridges or statues, but by how well we preserved the Constitutional idea of India and saved it from being undermined.
  6. Today Senior Advocate Yatin Oza has circulated a statement explaining his reasons for abstaining from contesting in the election for the post of President of the Gujarat High Court Advocates’ Association.
  7. Today the Kerala High Court declared that headload workers registered under the Kerala Headload Workers Act, 1978 have no legal right to insist that they should be engaged for the loading and unloading activities in Sabarimala and surrounding areas. (Suo Motu v. Travancore Devaswom Board & Ors.)
  8. Today Nationalist Congress Party (NCP) leader Nawab Malik has approached the Bombay High Court with draft consent terms seeking to quash the single-judge order refusing to grant interim relief to Dhyandev Wankhede, father of NCB zonal director Sameer Wankhede, in his defamation suit.
  9. Today Prime Minister of India Narendra Modi lamented that some people stall the development of nation in the name of freedom of expression without understanding the aspirations of the nation.
  10. Today the Chief Justice of India (CJI) NV Ramana said that, the increasing attacks on judges, be it physical or on social media, seem sponsored and synchronised and are a matter of grave concern.
  11. Today the Delhi High Court granted bail to a man accused of a double-murder and rape, after noting that the DNA profile developed from the vaginal swab of a deceased did not match with the accused’s profile.  (Jasbir Dabas@Jassu v State)
  12. Today Two Urban Co-operative Banks (UCB) registered under the Kerala Co-operative Societies (KCS) Act and Rules, 1969 have moved the Kerala High Court against certain provisions of the Banking Regulation (Amendment) Act, 2020. (Tiruvalla East Co-operative Bank & Anr. v Union of India & Ors.)
  13. Today Adrija Ghosh, a graduate of West Bengal National University of Juridical Sciences (NUJS) Kolkata, has been awarded the prestigious Rhodes Scholarship for 2022.
  14. Yesterday the Delhi High Court sentenced a man to three months of simple imprisonment along with a fine of ₹2000 for contempt of court after he refused to pay maintenance to his estranged wife.  (Sonali Bhatia v Abhivansh Narang)
  15. Today A petition has been filed before the Calcutta High Court challenging Section 139(1) of the Border Security Force (BSF) Act, 1968 to the extent it grants unrestricted powers to the Central government to fix the territorial jurisdiction of BSF. (Sayan Banerjee vs. Union of India)
  16. Today the Supreme Court held that two persons cannot be appointed to the same post of Deputy Collector, While setting aside a 2014 judgment of the Allahabad High Court.  (State of Uttar Pradesh v. Chunni Lal)
  17. Today the Delhi High Court directed the Central government to grant 60 days’ time to various stakeholders to file objections to the draft Environmental Impact Assessment (EIA) Notification 2020, after they are uploaded in various Indian languages.  (Vikram Tongad v UOI)
  18. Today the Supreme Court dismissed a plea challenging the eligibility criteria of three-years experience as a lawyer for appointment to the post of Assistant Public Prosecutor in Telangana. (K Rajender v State of Telengana)
  19. Today Chief Justice of India (CJI) NV Ramana urged lawyers to protect the judiciary from targeted and motivated attacks.
  20. Today the Supreme Court observed that, Vaccination against COVID-19 has huge merits and the same has also been attested to by the World Health Organisation (WHO).  (Dr. Ajay Kumar Gupta v. Union of India)
  21. Today Senior IPS Officer Param Bir Singh has moved a Mumbai court against an order allowing the Mumbai Police to declare him a ‘proclaimed offender’ in an extortion case.
  22. Today a petition has been filed before the Supreme Court by 62-year-old Kazeem Ahmad Sherwani who was the victim of an alleged hate crime in July this year, seeking action against those who tortured him and the police officers who refused to take action.  (Kazeem Ajmad Sherwani v. State of Uttar Pradesh)
  23. Today in the Supreme Court, Senior Counsel Kapil Sibal told that, Political violence is continuing unabated in Tripura where municipal polls are underway.
  24. Today the Supreme Court issued notice to the Central government and IPS officer Rakesh Asthana in a plea filed by NGO Centre for Public Interest Litigation (CPIL) challenging his appointment as Commissioner of Delhi Police.  (CPIL v. Union of India)
  25. Yesterday the Bombay High Court expressed hope that the Maharashtra government would take necessary steps to shun the “unscientific and heavily criticized two-finger test” which is conducted on rape survivors to ascertain if the hymen of the concerned person is intact or not.  (Mohammed Ashfaq Dawood Shaikh v. State of Maharashtra)

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