Sunday, 26th November 2023

National Law Day

The Constitution is not a mere Lawyers Document, it is a Vehicle of Life, and its Spirit is always the Spirit of Age.

Legal Awareness: – CONSTITUTION OF INDIA

Part – XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

Article – 336 Special provision for Anglo-Indian community in certain services.

  1. During the first two years after the commencement of this Constitution, appointments of members of the Anglo-Indian community to posts in the railway, customs, postal and telegraph services of the Union shall be made on the same basis as immediately before the fifteenth day of August 1947.
    During every succeeding period of two years, the number of posts reserved for the members of the said community in the said services shall, as nearly as possible, be less by ten per cent. than the numbers so reserved during the immediately preceding period of two years:
    Provided that at the end of ten years from the commencement of this Constitution all such reservations shall cease.
  2. Nothing in clause (1) shall bar the appointment of members of the Anglo-Indian community to posts other than, or in addition to, those reserved for the community under that clause if such members are found qualified for appointment on merit as compared with the members of other communities.

Today’s Legal Updates: 

  1. Constitution Day 2023: On November 26, 1949, the Constituent Assembly of India adopted the Constitution of India, which came into effect from January 26, 1950. On November 19, 2015, the Ministry of Social Justice and Empowerment notified the decision of the Government of India to celebrate the November 26 every year as ‘Constitution Day’ to promote Constitution values among citizens.
  2. On Sunday Chief Justice of India (CJI) DY Chandrachud emphasized while speaking on the occasion of Constitution Day celebrations at the Supreme Court of India, People should not be afraid to approach courts.
    • he said, Individuals should not be afraid of going to court or see it as a last resort. We hope it is viewed as a fair mechanism to rely on. Sometimes, as a society we may frown upon the judicial institutions, (but) our courts ensure that agreements are reached upon by relying on a solid institution.
    • Aapka vishwas humara shradha sthan hai aur hum chahte hai aapko kabhi court aane se kabhi darr na lage (Translation: Your trust is our place of faith, and we want you to never fear coming to court).
    • When we say we honour the adoption of Constitution, we first honour that the Constitution exists and that it works.
  3. On Sunday the Chairman of the National Human Rights Commission (NHRC) Justice Arun Kumar Mishra said that the practice of political parties promising freebies during elections needs to be curbed by enacting appropriate law.
    • Justice Mishra said, Time has come to distinguish between the promise made to voters to create an egalitarian social order envisaged by Chapter 4 (of the Indian Constitution) and when freebies promised would be equivalent to alluring voters via forbidden means in elections. The same needs to be determined at the appropriate level and forum. If necessary, by specific legislation.
    • he said, Entertaining letter petitions and PILs had brought several reforms. PIL is useful; however, its misuse for political purposes must stop. To realize the goal of the Constitution, we must ensure free and fair, violence-free elections. Violence has no place in the democratic process. Fair election is recognized as a human right.
    • he said, Gender justice is necessary for meaningful development. The time has come to define the phrase gender equality. Women are still discriminated against. They must enjoy the same civil and other rights like inheritance rights, holding properties, education, and employment.
  4. On Sunday the President of India Droupadi Murmu suggested that the selection of judges to courts could be done through the conduct of a nationwide, All India Judicial Service (AIJS) examination.
    • she said, Today the world is waiting to see India progress. We should take some steps for children from the underprivileged sections to join the judiciary. There can be an All India Judicial service and those who aspire to be on the bench can be selected from across the country talent pool. I leave it to you to devise a mechanism so that this aspect of justice delivery can be strengthened.
    • she said, To improve the system of access to justice, we should make it citizen centric. I am sure we can speed up the process of decolonisation in other spheres as well and it will happen better by involving the youth and the youth is more interested in our history and if they focus on the transformative work by Dr Ambedkar and others then the future of the country is in better hands.
  5. On Sunday the Constitution Day celebrations at the Supreme Court of India saw the launch of two new initiatives, in an event attended by the President of India Droupadi Murmu and Chief Justice of India DY Chandrachud.
    • the CJI Chandrachud said, I assure that prisoners languishing in jail aspect will be looked into. We are launching a portal where judicial orders of release of a person is transferred to jails, trial courts and high courts for immediate compliance.
    • the CJI informed, Today, we are launching e-SCR portal in Hindi as 21, 388 judgments have been translated in Hindi and vetted too … And rest all translated judgments are being vetted. 9,276 judgments have been translated to Punjabi, Odia, Bengali, Urdu, Garo, Assamese, Konkani, many others and all are uploaded on e-SCR portal. Technology cannot distance us from our citizens but bring us closer to them.
  6. On Sunday the President of India Droupadi Murmu unveiled a statue of Dr. BR Ambedkar at the Supreme Court of India.
    • The statue was unveiled on the occasion of Constitution Day in the presence of Chief Justice of India DY Chandrachud, Union Law Minister Arjun Ram Meghwal and other dignitaries.
    • The decision to erect the statue of Dr. Ambedkar stemmed from the request made by a group of lawyers who identify with the Ambedkarite movement.
  7. The Delhi High Court Bar Association told the Delhi High Court on November 17 that it has agreed to the proposal of holding a uniform election in respect of all the Bar Associations in the national capital on the same day.  (Rouse Avenue Bar Association vs The Bar Council of Delhi & Anr)
    • However, the bench of Justice Manmohan, Justice Rajiv Shakdher and Justice Suresh Kumar Kait was also told that the Bar Association would like to make some suggestions with regard to the modalities to be adopted for conduct of elections.
    • the Court said, List the matter for hearing and disposal on 4th December, 2023 at 2:30p.m. Interim orders, if any, to continue.
    • A full bench of the High Court has been hearing the matter related to holding of a uniform election for all Bar Associations on the same day.
  8. On Saturday the Saket Court Delhi sentenced four men to life imprisonment for the murder of journalist Soumya Vishwanathan in the year 2008.
    • Additional Sessions Judge (ASJ) Ravinder Kumar Pandey of Saket Court sentenced Ravi Kapoor, Amit Shukla, Ajay Kumar and Baljeet Malik to life imprisonment. Another convict Ajay Sethi was sentenced to three years of simple imprisonment.
    • All four of them were also held guilty under Section 3(1) (i)of the Maharashtra Control of Organised Crime Act (MCOCA).
    • Sethi was convicted for offences under Section 411 (dishonestly receiving stolen property) of the IPC and Section 3(2) and 3(5) of MCOCA.
  9. Legal tech company Manupatra has launched an illustrated e-Book compilation featuring fifty prominent Constitutional cases from the Supreme Court of India, which would be available in multiple Indian languages.
    • Initially released in English in 2018, the compilation has now been translated into five regional languages, namely Hindi, Urdu, Marathi, Malayalam, and Bengali.
    • The eBook in your language of choice can be downloaded by clicking here.

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