Today’s Legal Updates
Thursday, 9th June 2022
Legal Awareness :- CONSTITUTION OF INDIA
Part – XVl SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
Article – 330 Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People.
- Seats shall be reserved in the House of the People for :-
- the Scheduled Castes
- the Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam.
- the Scheduled Tribes in the autonomous districts of Assam.
- The number of seats reserved in any State or Union territory for the Scheduled Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State [or Union territory] in the House of the People as the population of the Scheduled Castes in the State [or Union territory] or of the Scheduled Tribes in the State [or Union territory] or part of the State [or Union territory], as the case may be, in respect of which seats are so reserved, bears to the total population of the State [or Union territory].
- Notwithstanding anything contained in clause (2), the number of seats reserved in the House of the People for the Scheduled Tribes in the autonomous districts of Assam shall bear to the total number of seats allotted to that State a proportion not less than the population of the Scheduled Tribes in the said autonomous districts bears to the total population of the State.
Explanation.—In this article and in article 332, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed as a reference to the 2001 census.
Today’s Legal Updates :-
- This Week the Union Ministry of Electronics and Information Technology (MeitY) published a Press Note introducing draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [IT Rules, 2021].
- The goals of these rules are to ensure an Open, Safe & Trusted and Accountable Internet for all Indian Internet Users and Digital Nagriks. These rules have succeeded in creating a new sense of accountability amongst Intermediaries to their users especially within Big Tech platforms.
- Intermediaries to ensure that users comply with requirements in Rule 3(1)(a) and Rule 3(1)(b) of IT Rules, 2021.
- The draft amendment puts the responsibility on social media intermediaries to ensure that users comply with due diligence requirements laid down under the IT Rules, 2021.
- Addition of Rules 3(1)(m) and 3(1)(n)
- The proposed Rule 3(1)(m) required the intermediary to take “all reasonable measures” to ensure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency.
- By way of a new Rule 3(1)(n), the amendment seeks to make intermediaries responsible for protecting all rights guaranteed to users under the Constitution of India.
- (n) the intermediary shall respect the rights accorded to the citizens under the Constitution of India.
- Changes in the grievance redressal mechanism of intermediaries
- the draft amendment sets to introduce two more provisos under Rule 3(2) of the IT Rules, 2021, which lays down the grievance redressal mechanism. Grievances related to removal of content under Rule 3(1)(b) will have to be addressed within 72 hours. All other complaints will continue to be addressed with 15 days.
- This will help to ensure that problematic content is removed expeditiously, and does not become viral over a sustained period of time.
- Constitution of Grievance Appellate Committee
- The draft amendment seeks to introduce a Grievance Appellate Committee as an appellate authority for decisions made during the grievance redressal process of intermediary.
- Users will have the option to appeal against the grievance redressal process of the intermediaries before this new appellate body. The Committee will endeavour to address the user’s appeal within a period of 30 days. This is made necessary because currently there is no appellate mechanism provided by intermediaries nor is there any credible self regulatory mechanism in place.
- Today Ashish Prasad and Mukta Dutta, Partners in the Dispute Resolution practice in Economic Laws Practice’ Delhi office are moving on from the firm to set up their own boutique law firm called Acara Law LLP. They will be transitioning with 4 colleagues.
- Abhishek Shivpuri – Associate Partner
- Kaustubh Mishra – Principal Associate
- Pruthvi Dhinoja – Senior Associate
- Rahul Tyagi – Senior Associate
- According to Founding Partner, Acara Law, Ashish Prasad
- Acara does not believe in restricting practice areas of its Team and wherever required, our Team will work through strategic collaborations with experienced professionals across specialisations (disputes, arbitration, corporate, trade or tax) to bring the best solution to its clients.
- On their transitioning from the firm, Suhail Nathani, Managing Partner, Economic Laws Practice said.
- For over two decades ELP has always inculcated a spirit of entrepreneurship in our professionals, as a part of our intergenerational firm model. We understand and expect that this means sometimes embarking on separate paths as we continue to grow. We wish Ashish and his team all the best as they embark on this journey for themselves.
- ELP added two partners and six professionals to its litigation team in Delhi in the past 18 months and we continue to support our clients with a robust team of litigation professionals who will continue to deliver outstanding value to our clients in every jurisdiction in which we operate.
- According to Founding Partner, Acara Law, Ashish Prasad
- On Thursday the dispute surrounding the voting of six turncoat MLAs of Bahujan Samaj Party (BSP) MLAs in the Rajasthan Assembly for the Rajya Sabha elections, has reached the Supreme Court (Hemant Nahta vs Hon’ble Speaker, Rajasthan Assembly)
- the appellant’s counsel urged, This is a matter of grave urgency. It concerns the Rajya Sabha election. Plea is being drafted against the order of today morning of Rajasthan High Court. Please list this.
- Justice Shah remarked, We cannot list it like this.
- The participation and consideration of the votes of the Six (6) MLAs of Bahujan Samaj Party in the upcoming biennial election of 2022 for the Council of States from Rajasthan will cause grave prejudice and irreparable damage to the whole democratic electoral process of the State and the rule of law.
- After getting elected, if the elected candidate shifts his loyalty and ideology, he not only betrays the electorate, but also pollutes the pure stream of democracy.. The voters were cheated by their elected representatives and whose faith in the system has been breached away by way of such a post-election somersault.
- On Wednesday the Bombay High Court granted interim relief to erstwhile promoters of Jet Airways, Naresh Goyal and his wife Anita Goyal, directing State Bank of India (SBI) to refrain from taking any action under criminal law against the two until further orders by the Court. (Naresh Goyal v. Reserve Bank of India & Anr)
- The Delhi Bench of National Company Law Tribunal, while hearing an application for initiation of Corporate Insolvency Resolution Process, held that the chairman of the monitoring committee has the locus standi to apply for initiation of CIRP under the Insolvency Bankruptcy Code, 2016 (IBC). (M/s Educomp Infrastructure & School Management Ltd. v M/s Millenium Education Foundation)
- On Thursday the India International University of Legal Education & Research (IIULER), an initiative of the Bar Council of India (BCI) Trust-Pearl First will be inaugurated in Goa.
- On Thursday the case before a Delhi court seeking restoration of Hindu and Jain temples at the Qutub Minar complex in the national capital took an interesting turn after a fresh plea was filed by one Kunwar Mahender Dhawaj Prasad Singh claiming that not only Qutub Minar and Quwwat-ul-Islam Mosque but the entire area between rivers Ganga and Yamuna from Agra to Gurgaon (Gurugram) belongs to him.
- On Monday the Insolvency Bankruptcy Board of India (IBBI) modified the scheme of the Limited Insolvency Examination (LIE) and Valuation Examination by introducing restrictions on the frequency of attempts undertaken by aspiring insolvency professionals.
- On Wednesday the Kerala High Court raised pertinent concerns regarding the impact of Protection of Children from Sexual Offences Act (POCSO Act) on adolescents, particularly with regard to consensual sexual relationships among them. (Anoop v State of Kerala)
- On Thursday the Kerala High Court dismissed the anticipatory bail plea moved by two of the main accused in the gold smuggling case of 2020, Swapna Suresh and Sarith PS, in a new case registered by the Kerala Police after Suresh’s recent allegations against Chief Minister Pinarayi Vijayan. (Swapna Suresh & Anr. v Station House Officer & Anr.)
- On Thursday the Bombay High Court quashed a first information report (FIR) registered against a woman booked for abetment of suicide of her lover who took the extreme step, after the accused woman married another person. (Monika Jadhav vs State of Maharashtra)
- On Thursday the Orissa High Court released an annual report which included a detailed performance evaluation of the High Court and the State’s lower judiciary.
- The Supreme Court will deliver its verdict tomorrow in the pleas which sought a fresh stray counselling round to fill up vacant All India Quota (AIQ) seats for postgraduate courses in relation to the National Eligibility Entrance Test (NEET) 2021. (Dr Ashima Goel and ors vs Medical Counselling Committee and ors)
- On Thursday Mumbai Sessions Court rejected the pleas by Maharashtra Cabinet Minister Nawab Malik and former State Home Minister Anil Deshmukh seeking temporary bail for a day to cast their votes in the upcoming Rajya Sabha elections.
- On Thursday the Bombay High Court Justice Bharati Dangre recused from hearing bail application filed by former Maharashtra Home Minister Anil Deshmukh in the money laundering case registered against him.
- On Thursday Swapna Suresh and Sarith PS, two of the main accused in the gold smuggling case of 2020, have approached the Kerala High Court seeking anticipatory bail in a new case registered by the Kerala Police after Suresh’s recent allegations against Chief Minister Pinarayi Vijayan. (Swapna Suresh & Anr. v Station House Officer & Anr.)
- On Thursday Bar Associations in Kolkata have written to the Chief Judge of the City Sessions and Metropolitan Magistrate Court urging judges to refrain from passing adverse orders in the absence of advocates or litigants due to the “scorching heat and humidity”.
- On Thursday the Bombay High Court issued notice to the Central government in a plea seeking quashing of the appointment of Subodh Kumar Jaiswal as Director General of Central Bureau of Investigation (CBI). (Rajendrakumar V Trivedi v. Union of India & Ors)
- On Thursday A Delhi Court deferred its verdict in the suit seeking restoration of Hindu and Jain temples at the Qutub Minar complex in the capital.
- On Thursday the Madras High Court has appointed its first ever woman mace-bearer/chobdar.
- On Thursday the Supreme Court said that paternal grandparents are more eligible for grandchild’s custody as compared to the child’s maternal aunt since the grandparents would be more attached to the grandchild. (Swaminathan Kunchu Acharya vs State of Gujarat and ors)