Today’s Legal Updates

Saturday, 6th August 2022




Article – 83 Duration of Houses of Parliament. 

  1. The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the
    members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law.
  2. The House of the People, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House:
    Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

Today’s Legal Updates :-

  1. On Saturday Senior Advocate Jagdeep Dhankhar has won the elections to the post of the Vice President of India.
    • Dhankar, who was the candidate fielded by National Democratic Alliance (NDA), won by a margin of 346 votes as he bagged 528 of the 725 votes that were cast. Opposition candidate Margret Alva secured 182 votes while 15 votes were termed invalid.
    • Dhankar, the former Governor of West Bengal, was actively into law practice before he took the plunge into politics.
  2. The Supreme Court observed that merely because a judgment did not specifically deal with an issue raised or give reasons for arriving at a decision on that issue, will not by itself vitiate such a judgment or order that is otherwise correct.  (Central Bank of India and Others v. Dragendra Singh Jadon)
    • the Court observed, Where an objection to the maintainability of any application/suit on an issue of law is not expressly dealt with, but the application/suit is entertained and disposed of on merits, the objection is deemed to have been rejected. The mere fact that an issue may not specifically have been dealt with, or reasons not specifically disclosed for decision on that issue, would not vitiate a judgment and order, that is otherwise correct.
    • the apex court said, Even though, the Court may not have specifically dealt with the issue of res judicata raised by the appellant-bank as a preliminary issue, it is clear from the judgment and order of the Single Bench as also the impugned judgment and order of the Division Bench, that the second writ petition was not barred by the principles of res judicata or analogous principles.
    • the Court observed, In our considered view, the learned Single Bench of the High Court rightly granted relief to the Respondent. By the judgment and order, the Division Bench of the High Court dismissed the Appeal of the Appellants and directed that the Respondent would have to be treated in service from the date of removal till the date of actual reinstatement in service and would accordingly be entitled to seniority and the right to be considered for promotion, but would not be entitled to back wages.
  3. The Calcutta High Court rejected the plea by three Congress Members of Legislative Assembly (MLA) from Jharkhand seeking transfer of the case against them from the West Bengal Police to the Central Bureau of Investigation (CBI).  (Irfan Ansari v State of West Bengal)
    • The three MLAs Irfan Ansari, Rajesh Kachchap and Naman Bixal Kongari were arrested after they were intercepted at Howrah where they were found to be carrying ₹48 lakh in case.
    • the single-judge said, Although unwarranted, these comments alone are not sufficient for seeking a prayer for transfer of the investigation.
  4. On Saturday A special court in Jharkhand’s Dhanbad sentenced to life imprisonment, both the convicts in the murder of Dhanbad Additional District and Sessions judge Uttam Anand.
    • The District And Additional Sessions Judge had, last week, convicted Lakhan Kumar Verma and Rahul Kumar Verma for offences under Sections 302 (murder) and 201 (disappearance of evidence) read with Section 34 (common intention) of the Indian Penal Code.
  5. On Friday the Lucknow bench of Allahabad High Court directed the Uttar Pradesh government to sensitize and counsel the officers and employees involved in cremation of bodies so that they strictly follow the Standard Operating Procedure (SOP) for the same.  (Suo-Moto In re: Right To Decent And Dignified Last Rites/Cremation v State)
    • observed the bench, The observance and adherence to the scheme/SOP should not be an eye-wash nor an empty formality. The letter and spirit of the scheme/SOP is paramount as it touches upon valuable constitutional and fundamental rights as already referred hereinabove, therefore, the entire exercise should be conducted in a solemn manner with due respect to such rights.
    • the bench noted, Even a dead person has the right of treatment of his body with respect and dignity which he would have deserved had he been alive, subject to his tradition, culture and religion which he professed. These rights are not only for the deceased but, his family members also have a right to perform last rites as per religious traditions.
    • the bench added, We expect the State authorities to act in accordance with the scheme/SOP as and when it is notified.
  6. On Saturday A Varanasi court in Uttar Pradesh has acquitted Bahujan Samaj Party (BSP) Member of Parliament (MP) Atul Rai in a case of rape of a woman who had later died by suicide by immolating herself outside the Supreme Court.
    • the bench had directed, Parliament and Election Commission of India are required to take effective measures to wean away criminals from politics and break unholy nexus between criminal politicians and bureaucrats.
    • the High Court had observed, Confirmed criminal history sheeters and even those who are behind bars are given tickets by different political parties and surprisingly some of them get elected as well.
  7. On Friday the Union Law Minister Kiren Rijiju said that though there is no easy solution to tackle pendency in Indian courts, he in his capacity as Law Minister has a role to play in addressing the issue and ensuring that judiciary is strengthened further.
    • Kiren Rijiju said, Common people don’t know. They say, as a Law Minister ‘you must do something, please reduce the cases’. It is not good that 5 crores cases are pending in various courts in India. Now it is not an easy answer to give. But definitely, I have a role to play and I must ensure that Indian judiciary is strengthened further.
    •  Rijiju said, Indian Judiciary is respected worldwide and I was very happy when I was in the House of Commons, we have many people of Indian origin in UK. They all told me, the Indian Supreme Court judgments are referred and quoted in UK. I really take pride in getting such kind of observations from a country which is source of the common law for us.
    • Kiren Rijiju said, If we prefer Singapore or London or Hong Kong or Dubai, then the outsiders will not trust us.
    • I take responsibility as a government representative here to ensure that whatever bottlenecks, whatever support, infrastructure creation, or any conducive atmosphere to be created, or all kinds of policy support needed from the government, I fully commit to do that.
    • And in order to ensure that Indian domestic arbitration also flourishes, of course there is a clear need of quality arbitrators who are well-versed with both domestic and international procedures.
  8. On Friday Senior Advocate Arvind Datar said the Supreme Court decides to roll back the abrogation of Article 370, it would be more of an academic and theoretical exercise and would be difficult from a practical standpoint.
    • Datar was speaking as a panelist at the launch of a digital book ‘Hamīñ Ast? A Biography of Article 370’, by Navi Books, an open access digital book publishing platform of Vidhi Centre for Legal Policy.
    • After the launch, there was a short discussion amongst the panelists on the abrogation of Article 370 and the legality of the manner in which it was carried out.
    • Justice Srikrishna asked, The doctrine of ‘inability to turn the clock’, does it not run against the rule of law, and allow things to be done by lapse of time.
    • Datar explained, Suppose there is considerable delay in the filing of the petition and the ultimate disposal, then it just becomes difficult if not impossible to set the clock back; and you can perhaps do it technically, but how far can it be done practically is a question. And this is going to come again and again not only in the context of the Article 370 but other sensitive issues as well. So this rolling back will become more and more difficult as the years go.
    • Datar said, As far as this issue is concerned, I don’t think the challenge is really substantial. In the light of the series of Supreme Court judgements, what has happened is not so drastically wrong, that it is likely to be set aside. There are strong view points on both sides. But if you see the line of judgments from 1959 to 2019, generally what the parliament has done may not be open to challenge or struck down is my personal opinion. So this roll back theory is more of a theretical point, is what I am thinking right now.
  9. On Saturday Fidus Law Chambers has signed a Memorandum of Understanding with MEITY Startup Hub (MSH), an initiative of the Union Ministry of Electronics & Information Technology, to provide intellectual property assistance to startups in India.
    • Entrepreneurs at all stages of the growth of startups require legal aid, guidance and hand holding. Fidus Law Chambers with its forte in Intellectual Property Rights, Due Diligence and Contract Law can provide critical support to startups as they seek to safeguard their innovation, raise capital and build compliant enterprise. We are delighted to have Fidus on board.
    • We are very excited to come on board in this strategic collaboration with MSH to help provide a strong legal foothold to start-ups desirous of protecting their intellectual property. Our job will not only entail providing cost-effective legal advice to startups but also to help audit their compliance and due diligence when they connect with venture capital firms or angel investors.
  10. On Friday the Kerala High Court ordered the authorities concerned to keep the online portal open for an additional 10 days in a breather to the aspirants of National Eligibility cum Entrance Test (NEET) who wish to avail the Non-Resident Indian (NRI) quota in MBBS courses for the upcoming academic year.  (Fathima S v. State of Kerala)
    • the judgment stated, I order these writ petitions, directing the competent Authorities to keep the Online Portal open for the petitioners and all other candidates, to make options to the NRI Quota, for a period of 10 days from 5th August 2022.
    • the Court said, Even the results of the NEET examinations have not yet been published and candidates are even now allowed to opt for other or additional subjects. When these factors not controverted, I fail to understand how the verification process can be delayed merely because candidates are allowed to opt for the NRI seats also.
  11. On Friday Chief Justice of India (CJI) NV Ramana batted for the propagation of constitutional culture among students and laypersons and stated that subjects on basic ideas of Constitution and governance should be taught at all institutions irrespective of the stream of learning.
    • the CJI stated, It is high time for all institutions, to introduce a subject on the basic ideas about constitution and governance, irrespective of the stream of learning. The ideas of the constitution need to be simplified for everyone’s understanding and empowerment. A participatory democracy thrives when its citizens are able to make informed choices. The ultimate goal of our education should be to enable us to make informed choices.
    • the CJI said, Our students must be aware about the basic laws and principles that govern the land. The citizens must connect with our constitution because it is our ultimate safeguard.
    • Instead of fostering the feeling of “othering”, our education should lead us where we can nurture diversity. Speaking of diversity, we should not lose sight of the big picture in the globalised world.
    • I am afraid, I may not fit in the league of the luminaries such as Rabindranath Tagore, C Raj Gopala Chary, Pandit Jawahar Lal Nehru, Dr. Rajendra Prasad, Dr S. Radhakrishnan, Dr Bhimrao Ambedkar and 42 others, who are recipients of the prestigious Honoris Causa from this historic university.
    • It is expected to combine perception and patience, emotion and intellect, substance and morals. Critical thinking is essential for the growth of every individual, society, and the nation. True education is what nurtures true impulses and independent thinking. Instead of being prisoners of status quo, we need youth to dive deep and bring transformation from within.
  12. On Friday Chief Justice of India (CJI) NV Ramana said Global culture is emerging as a threat to local cultural symbols and identities and while globalisation has ushered in a lot of changes, it has led to blurring of our rich identities.
    • The global culture is emerging as a threat to local cultural symbols and identities….Instead of celebrating our distinct heritage and culture, we are allowing our rich identities to be blurred. The present generation is in flux. It is gradually losing link to the past and thereby losing the sight of the purpose and path to future. While I acknowledge the necessity and the positive changes ushered in by globalization and development of science and technology, I urge you to think its micro impact in our daily lives.
    • According to the 2021 UNESCO World Report of Languages, half of the approximately 7,000 languages spoken in the world today could disappear by the end of the century. With loss of each language, we are not only losing considerable literature and folklore, but also losing wisdom inherited through generations.
    • We are witnessing the rapid loss of crop varieties, wild species and indigenous livestock. Additionally the market is driven by demands of the global economy. As a result more and more farmers are moving beyond indigenous crops for short term gains. This change in cropping pattern is altering the character of soil thereby reducing its capacity to support bio diversity.
    • the CJI stated, Climate change and environmental pollution are also affecting the wild varieties. Put together, a huge ecological imbalance is staring at us.

Legal Prudent Fraternity