Wednesday, 6th December 2023

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

Notes: – UN predicts groundwater level in India will reduce to ‘low’ by 2025.’

Legal Awareness: – CONSTITUTION OF INDIA

Part – XVII OFFICIAL LANGUAGE

CHAPTER ILANGUAGE OF THE UNION

Article – 344 Commission and Committee of Parliament on official language.

  1. The President shall, at the expiration of five years from the commencement of this Constitution and
    thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.
  2. It shall be the duty of the Commission to make recommendations to the President as to—
    • (a) the progressive use of the Hindi language for the official purposes of the Union;
    • (b) restrictions on the use of the English language for all or any of the official purposes of the Union;
    • (c) the language to be used for all or any of the purposes mentioned in article 348;
    • (d) the form of numerals to be used for any one or more specified purposes of the Union;
    • (e) any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.
  3. In making their recommendations under clause (2), the Commission shall have due regard to the
    industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.
  4. There shall be constituted a Committee consisting of thirty members, of whom twenty shall be members of the House of the People and ten shall be members of the Council of States to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.
  5. It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.
  6. Notwithstanding anything in article 343, the President may, after consideration of the report referred
    to in clause (5), issue directions in accordance with the whole or any part of that report.

Today’s Legal Updates: 

  1. On Wednesday the Delhi High Court remarked that judges in the trial courts are compelled to sit in their chambers due to the lack of sufficient public prosecutors in the lower judiciary.
  2. On Wednesday the Supreme Court retired judge Justice S Ravindra Bhat said the State exists for the welfare of the citizens and not the other way round.
  3. Recently the Delhi High Court said Cases involving kidnapping or trafficking of children are serious offence and cannot be compromised and quashed based on settlement arrived between the kidnappers and the child’s parents.  (Smt. Rubina & Ors v The State (Govt of NCT Of Delhi) & Ors)
  4. Recently the Delhi High Court said Cases involving kidnapping or trafficking of children are serious offence and cannot be compromised and quashed based on settlement arrived between the kidnappers and the child’s parents.  (Smt. Rubina & Ors v The State (Govt of NCT Of Delhi) & Ors)
  5. On Wednesday the Bharatiya Janata Party (BJP) MLA Basangouda Patil Yatnal has moved Karnataka High Court challenging the decision of the Karnataka government to withdraw the consent given to the Central Bureau of Investigation (CBI) to investigate the disproportionate assets case against Deputy Chief Minister DK Shivakumar.
  6. On Wednesday the second day of hearing in the challenge to the validity of Section 6A of the Citizenship Act, 1955 saw the Supreme Court question whether parliament should have let strife and violence continue in Assam by not clearing the way for the Assam accord.  (In Re: Section 6A Citizenship Act 1955)
  7. On Wednesday the Supreme Court retired judge Justice S Ravindra Bhat said the Constitution of India is a living document and merely because it has colonial origins in the Government of India Act of 1935, it cannot be said to be un-Indian.
  8. On Wednesday the Madras High Court Chief Justice SV Gangapurwala said that despite flooding due to heavy rains every monsoon, courts in Mumbai do not stop working even for a day.
  9. On Wednesday the Central government told the Delhi High Court that it will expeditiously take a decision on the demand for a ban on licences to keep breeds of dogs considered to be dangerous.
  10. On Wednesday the Bombay High Court rapped the Maharashtra government for delaying the implementation of fire safety regulations within the State of Maharashtra.  (Abha Singh v. State of Maharashtra & Ors)
  11. The All India Bar Examination (AIBE) XVIII and the All India Law Entrance Test (AILET) for admission to postgraduate law courses at National Law University, Delhi (NLU Delhi) are set to take place on the same day, December 10, 2023.
  12. On Tuesday the Allahabad High Court stayed the criminal proceedings against Samajwadi Party chief and former Uttar Pradesh Chief Minister Akhilesh Yadav, who was booked for an alleged violation the model code of conduct and COVID-19 norms in 2022.  (Akhilesh Yadav v State)
  13. On Tuesday the Lok Sabha passed the Jammu and Kashmir Reservation (Amendment) Bill, 2023 and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023.
  14. On Monday the Supreme Court asked the Central government to submit a progress report on the construction of the new building complex for the Jammu and Kashmir High Court bench at Jammu.  (Achal Sharma V/S Union of India & Ors.)
  15. On Wednesday the Delhi High Court stayed any further translocation of spotted deer from the Deer Park located at Hauz Khas and suggested retaining at least 50 deer at the Hauz Khas park instead of closing it.
  16. On Wednesday the Supreme Court expressed its dissatisfaction over the delay by the Central government in framing guidelines to govern the search and seizure of personal digital devices by police and central agencies.  (Foundation for Media Professionals vs Union of India and Ors)
  17. On Wednesday A Constitution Bench of Supreme Court ruled that the group of companies doctrine will be applicable to arbitration proceedings in India.  (Cox and Kings vs SAP Pvt Ltd)
  18. Recently the Madras High Court directed the Insurance Regulatory and Development Authority of India (IRDAI) to consider Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy (AYUSH) treatments at par with allopathy while dealing with insurance claims.
  19. On Tuesday the Delhi High Court asked the Resolution Professional (RP) of the grounded Go First Airlines to file a response to a lessor’s allegations that leased aircraft were not being maintained despite court orders.
  20. Recently the Kerala High Court held that default bail cannot be denied to an eligible accused person by fixing stringent bail conditions that cannot be complied with by the accused.  (Vishnu Sajanan v State of Kerala)
  21. On Wednesday Senior Counsel and former Supreme Court Bar Association president Dushyant Dave has written to Chief Justice of India (CJI) DY Chandrachud expressing anguish over the listing of sensitive cases pending before the Supreme Court.
  22. Recently the Bombay High Court rejected a petition filed by the Serum Institute of India (SII) challenging amendments introduced in 2015 to the Finance Act that inserted sub-clause (xviii) to Section 2(24), which defines taxable “income”.  (Serum Institute of India Private Limited v. Union of India & Ors.)
  23. The Karnataka Police has registered a First Information Report (FIR) over the recent disturbance caused by unknown persons during the online proceedings before the Karnataka High Court.

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