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EXPLAINED LAW NEWS - Page 30

Chief Justice of India D Y Chandrachud and Union Law Minister Kiren Rijiju (Express file photos)

Law Minister Kiren Rijiju’s suggestion to CJI DY Chandrachud on appointment of judges: The context and background, explainedSubscriber Only

January 17, 2023 09:38 IST

Rijiju’s “suggestion” to the CJI comes in the backdrop of an ongoing tussle between the government and judiciary on the issue of appointment of judges.

Dy Chandrachud and Kiren Rijiju

Govt nominee in panel to shortlist judges: What Rijiju’s letter proposes, how it differs from NJACSubscriber Only

January 17, 2023 13:09 IST

Here is a breakdown of Union Law Minister Kiren Rijiju’s latest suggestion to the judiciary.

View of the Supreme Court

Case in Supreme Court: Can an underage Muslim girl marry after attaining puberty?Subscriber Only

January 14, 2023 10:27 IST

The Supreme Court intervention opens up the issue of regulating the minimum age of marriage for women and the impact it has on personal law.

Representational. Shankar Mishra, air india, IPC sections, outraging modesty,

Man who urinated on woman on Air India flight accused of ‘outraging her modesty’: What is this offence under IPC?Subscriber Only

January 13, 2023 13:27 IST

Air India 'urination' case: Shankar Mishra is accused of 'outraging the modesty of a woman', which is a punishable offence and can lead to either a jail term of up to five years or a fine or both.

Born in 1940, Kesavananda Bharati took sanyas at the age of 19 and headed to the Edneer Mutt, a Hindu monastery in Kasargod, Kerala. In 1961, still only 21, he was appointed as the head of the Mutt, a position he held till his death in 2020.

Who was Kesvananda Bharati and how was he associated with the ‘Basic Structure’ doctrine?Subscriber Only

January 14, 2023 17:39 IST

As Vice President Dhankar rekindled the debate over the “Basic Structure” doctrine, we take a look at Kesavananda Bharati, the man whose court case resulted in the the Supreme Court’s landmark verdict regarding it

The arrest was made pursuant to a written complaint by IndiGo’s manager, following which the CISF took the passengers into custody. (File/Reuters)

Two IndiGo fliers held in Patna: What rules say about drinking on flightsSubscriber Only

January 12, 2023 17:27 IST

The two were arrested for consuming beer on a domestic flight and creating a ruckus on the aircraft. What exactly is the law about drinking on flights? Are the rules different for domestic and international flights? We explain.

Vice President Jagdeep Dhankhar

V-P Jagdeep Dhankhar sparks debate with remarks on Basic Structure of Constitution; what is it?Subscriber Only

April 26, 2023 12:58 IST

Vice President Jagdeep Dhankar criticised the Supreme Court for using the Basic Structure Doctrine to strike down constitutional amendments by Parliament, such as the NJAC Act. What is the Doctrine of Basic Structure of the Indian Constitution?

NCPCR

What the NCPCR draft guidelines say on assessing if minors can be tried as adultsSubscriber Only

January 10, 2023 14:58 IST

Earlier, all under the age of 18 were considered minors, but through an amendment in 2015, a provision was added to the JJ Act for trying a child in conflict with the law as an adult in certain cases.

Urfi Javed

Urfi Javed Controversy: What are the obscenity laws in India?Subscriber Only

January 9, 2023 07:11 IST

Under the Indian Penal Code (IPC), Sections 292, 293 and 294 along with Section 67 of the Information Technology Act deal with the offence of obscenity. How have these been interpreted? We explain.

Two men running in front of a rainbow flag

Which countries in the world allow same-sex marriage?Subscriber Only

January 7, 2023 07:57 IST

Chief Justice of India D Y Chandrachud has transferred to the Supreme Court a batch of petitions seeking recognition of same-sex marriages in India

People rejoicing the Supreme Court's verdict staying the order of the Uttarakhand HC evicting people living on land claimed by the railways in Haldwani. (Express)

Haldwani case: How did the Uttarakhand High Court arrive at its ruling?Subscriber Only

January 6, 2023 09:14 IST

On December 20 last year, the Uttarakhand High Court directed the Railways to evict those living in Haldwani’s Gafoor Basti, land adjoining the Haldwani railway station.

A Nov. 17, 2016 file photo in the background, in which people stand in long queues to exchange their old Rs 500 and 1000 notes and withdraw cash from the ATM in New Delhi. Illustration of the 5 judges who gave the verdict in the foreground.

Two views on six issues: What the Supreme Court’s demonetisation verdict saysSubscriber Only

January 3, 2023 12:31 IST

The Supreme Court identified six issues in the challenge to the government’s demonetisation decision. Both the majority judgment and the dissent gave their views on each of these issues. We explain.

Supreme Court

5 things Justice B V Nagarathna said in her dissent on SC demonetisation verdictSubscriber Only

January 3, 2023 07:25 IST

Justice Nagarathna referred to records submitted by the Union government and the RBI to conclude that the central bank did not apply its mind independently while recommending demonetisation as proposed by the Centre.

Bilkis Bano with her family

Bilkis Bano’s plea rejected by SC: What is a review petition?Subscriber Only

December 19, 2022 00:27 IST

Bilkis Bano's petition challenged the apex court’s May order that permitted the Gujarat government to decide on the remission of the 11 convicts who gangraped her and murdered seven members of her family during the 2002 Godhra riots.

The debate was reopened after Union Minister for Law and Justice Kiren Rijiju said the Collegium system of appointments needed to be reconsidered. (Express photo, PTI)

Collegium vs NJAC: What is the renewed debate over appointment of judges?Subscriber Only

December 17, 2022 14:49 IST

What are the two systems for the appointment of judges, and what triggered the fresh debate? We explain.

Law and Justice Minister Kiren Rijiju speaks in Rajya Sabha on Thursday. (PTI Photo)

Court vacations: What are arguments for and against judges taking breaks?Subscriber Only

December 17, 2022 11:35 IST

Law Minister Kiren Rijiju has said people feel that long vacations taken by courts is inconvenient for those seeking justice. How long are court vacations in India — and what are the arguments for and against judges taking breaks? What happens in other countries?

After the ECI submitted its affidavit on November 25, the matter has now been listed for January 31, 2023.

EC tells apex court no legal bar on bodies with religious names to register as parties: What the issue isSubscriber Only

November 27, 2022 23:49 IST

What is the plea that the SC is hearing? What is the rule for political parties' symbols? We explain.

Chief Justice of India D Y Chandrachud addresses a programme in New Delhi. The CJI said the RTI portal would be ready to use shortly. (PTI Photo/File)

Supreme Court launches online RTI portal: Here is how it worksSubscriber Only

November 25, 2022 12:02 IST

The online RTI portal has been initiated to make it convenient for people to access information about the Supreme Court. So far, RTI applications at the Supreme Court had to be filed only via post.

Article 324(2) says "the Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix”. (Express Photo: Praveen Khanna)

Supreme Court questions process of appointments to Election Commission: here’s how the system functionsSubscriber Only

November 25, 2022 11:46 IST

A five-judge Constitution Bench led by Justice K M Joseph is hearing petitions seeking a Collegium-type body to appoint Election Commissioners (ECs) and the Chief Election Commissioner (CEC). What is the procedure?

conversion law

MP law on declaring intention to convert illegal: what the HC saidSubscriber Only

November 20, 2022 22:21 IST

The purpose of the law was to prevent or discourage forcible or fraudulent religious conversions with the promise of marriage, something that Hindutva groups often refer to as “love jihad”.

POCSO act

10 years of POCSO: An analysis of India’s landmark child abuse lawSubscriber Only

November 18, 2022 20:22 IST

A decade after the law’s enactment, a nationwide study throws light on high acquittal rates and the pendency of cases.

Rajiv Gandhi case, Rajiv case convicts, Govt on Rajiv Gandhi case, Supreme Court, Review petition, What is review petition, Indian Express

Centre moves Supreme Court, wants Rajiv Gandhi case convicts’ release reviewed: what is its argument?Subscriber Only

November 18, 2022 08:32 IST

The Supreme Court's decision in the Rajiv Gandhi assassination case is final, but the Constitution does allow scope for a review. Reviews are, however, not usually admitted — and overturning a verdict in a review is rare.

Supreme Court

Cleared by SC Collegium, kept pending by Govt: A few prominent cases of delayed appointment of judges Subscriber Only

November 14, 2022 18:35 IST

In one case, advocate C Emalias, who was recommended for the Madras HC, had his name dropped as the delay in appointment saw him cross the age of 55.

The Act prohibits the “conversion of any place of worship” from as they stood on 1 August, 1947. However, there exist exceptions. (PTI photo/File)

Challenges to the Places of Worship Act: What law says, why SC will examine itSubscriber Only

November 14, 2022 17:35 IST

Challenges to the Places of Worship Act,1991 have been posed through petitions filed by many people, including former BJP MP Subramanian Swamy and advocate Ashwini Upadhyay.

Justice Ravindra Bhat, who wrote the minority opinion along with Chief Justice of India U U Lalit, also identified this shift in affirmative action while striking down the amendment. (File Photo)

Reservation criteria shift from caste to income, community to individualsSubscriber Only

November 8, 2022 23:26 IST

The 103rd amendment delinked the need for class-based reservations from “inadequacy of representation” and the “need to show backwardness”, and provided guardrails to reservations connected with poverty by allowing a 10 per cent quota based on income criteria of individuals.

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