News Analysis India

Tag: law ministry

  • Putting things in order: Nat’l litigation policy finalised

    New Delhi: Assuming charge as the law minister for the second term, Arjun Ram Meghwal on Tuesday signed a document finalising the national litigation policy which seeks to expedite the resolution of cases pending in apex, high and lower courts. The national litigation policy has been in the making for the past several years with successive governments trying to finalise its modalities.

    The policy document will be tabled before the Union Cabinet for approval, said people in the know. Interacting with media after taking charge, Meghwal said a key priority of the law ministry would be to ensure faster justice in cases hanging fire in various courts.

  • With Nearly No Opposition, Lok Sabha Passes Bill To Appoint CEC, Election Commissioners |

    New Delhi: In a significant move, the Lok Sabha passed the Chief Election Commissioner (CEC) and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 on Thursday. Union Law Minister Arjun Meghwal underscored that the bill, prompted by a Supreme Court ruling, seeks to regulate the appointment and service terms of the CEC and election commissioners.

     

    Lok Sabha passes the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
    — ANI (@ANI) December 21, 2023

     

    Key Provisions And Changes

    The bill encompasses crucial facets such as appointment procedures, qualifications, the establishment of Search and Selection Committees, terms of office, salaries, resignations, removals, leaves, and pensions for the Chief Election Commissioner and other election commissioners. Notably, the legislation addresses the void in the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which lacked provisions for qualifications and search committees.

    Meghwal emphasized the Supreme Court’s directive that the President, based on a committee’s advice, appoints the CEC and election commissioners. The committee includes the Prime Minister, the Leader of the Opposition, or the leader of the largest opposition party, and the Chief Justice of India. Pending parliamentary legislation, the Supreme Court’s norm remains in force.

    Law Minister’s Clarifications And Amendments

    Meghwal clarified that the bill’s amendment designates the Law Minister, not the cabinet secretary, as the head of the search committee. The President will appoint the CEC and ECs following the Selection Committee’s recommendation, consisting of the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition or the leader of the largest opposition party in Lok Sabha.

    This bill is slated to replace the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

    Opposition Slams Centre Over Passage Of Bill In Absence Of MPs

    Despite the bill’s swift approval, major opposition parties refrained from active participation in the debate due to the suspension of 97 members for “misconduct” during the winter session. Opposition members have voiced serious concerns, asserting that this legislation represents “one of the biggest blows to democracy” in the past nine years.

    Congress leaders conveyed their apprehensions, highlighting a perceived shift from ‘electoral credibility’ to ‘elections compromised’ under the Modi government. The passage of this bill marks a pivotal moment in India’s electoral landscape, prompting discussions on its potential impact on democratic processes.

  • Delimitation panel on J&K gets two months extension

    By PTI

    NEW DELHI: The term of the Delimitation Commission, mandated to redraw the assembly constituencies of Jammu and Kashmir, has been extended by two months to complete its task.

    The panel’s term was to end on March 6, but according to a Law Ministry notification issued on Monday, it has been extended by two months — till May 6 this year.

    The panel needed more time to ready its final report, sources aware of the reasons for the extension said. Formed in March 2020, the panel was granted a one-year extension last year.

    Headed by former Supreme Court judge Ranjana Prakash Desai, it has Chief Election Commissioner Sushil Chandra and the state election commissioner of Jammu and Kashmir as its ex-officio members.

    In its draft report shared with its five associated members — all Lok Sabha members from Jammu and Kashmir — the delimitation panel has proposed an overhaul of assembly and Lok Sabha constituencies in the Union territory.

    Jammu and Kashmir at present has no legislative assembly. It is a union territory with a provision for a legislature.

    The Commission has asked the associate members to give their inputs and objections to the draft in the coming days. Then they would be asked whether their objections, if any, should be printed before the next draft is put out in the public domain.

    Once people share their inputs and objections, the panel would start working on the final report, the sources explained. Delimitation is the process of fixing limits or boundaries of territorial constituencies in a state or country.

  • SC to hear on November 22 plea seeking direction to Centre to take steps to deal with hate speech

    By PTI

    NEW DELHI: The Supreme Court on Friday said it would hear on November 22 a plea which has sought a direction to the Centre to examine various international laws and take appropriate “effective and stringent” steps to control hate speech and rumour- mongering in the country.

    A bench of Justices AM Khanwilkar and CT Ravikumar asked senior advocate Vikas Singh, who was appearing for the petitioner, to serve the copy of the plea to the ministries of home affairs, law and justice and the Law Commission — which have been arrayed as respondents in the petition.

    The apex court was hearing the petition, filed by lawyer and BJP leader Ashwini Upadhyay in his personal capacity through advocate Ashwani Dubey, which has also sought a direction to the Centre to take legislative steps to implement recommendations of the Law Commission to deal with the menace of hate speech and rumour-mongering.

    The top court said that the matter would be heard on November 22, when a separate plea, which also came up for hearing during the day, related to the issue would also be taken up.

    “The petitioner is filing this writ petition as a PIL…seeking writ/order/direction to the Centre to examine the international laws relating to ‘hate speech’ and ‘rumour mongering’ and take apposite effective stringent steps to control ‘hate speech’ and ‘rumour-mongering’ in order to secure rule of law, freedom of speech and expression and Right to Life, Liberty and Dignity of citizens,” Upadhyay has said in his plea.

    The petition further sought a direction that the courts, while awarding punishment for the offences against “public tranquillity, offences relating to elections etc”, shall pronounce sentences running consecutively and not concurrently.

    It urged that the government be asked to take appropriate steps to implement recommendations of Law Commission Report-267 on hate speech.

    “The injury to the citizens is extremely large because ‘hate speech and rumour-mongering’ has the potential of provoking individuals or society to commit acts of terrorism, genocides, ethnic cleansing etc. Hate speech is considered outside the realm of protective discourse,” it said.

    “Indisputably, offensive speech and rumour- mongering have devastating effects on people’s lives and risks their health and safety. Hate speech is harmful and divisive for communities and hampers social progress. If left unchecked, hate speech can severely affect not only the rule of law but also the right to life, liberty and dignity of the citizens,” the plea said.

    In 2012, around 50,000 citizens from north-eastern states moved from their residences across India and rushed to their native places after “circulation of false images of violent incidents that took place not in India but in Myanmar several years ago”, it said.

    The plea, which referred to the existing penal provisions in the Indian Penal Code (IPC), said hate speech is an incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and it poses complex challenges to freedom of speech and expression.

    “A difference of approach is discernible between the US and other democracies. In the US, it is given constitutional protection; whereas under international human rights covenants and in other western democracies, such as Canada, Germany, and UK, it is regulated and subject to sanctions. In view of this, the petitioner is of the opinion that new provisions in IPC are required to be incorporated to address the issues elaborately..,” it said.

  • New Law minister Kiren Rijiju meets predecessor Ravi Shankar Prasad

    By PTI
    NEW DELHI: Newly appointed Law Minister Kiren Rijiju met his predecessor Ravi Shankar Prasad here on Saturday. Rijiju was given the law and justice portfolio on Wednesday and elevated to the Cabinet rank in a major rejig of the Union Council of Ministers.

    Called on my senior colleague and predecessor as Union Law & Justice minister Sh @rsprasad ji.Sought his guidance to take forward the vision of Hon’ble PM @narendramodi ji to build a #NewIndia #Govt4Growth pic.twitter.com/BWjXAVw5Kb
    — Kiren Rijiju (@KirenRijiju) July 9, 2021

    Prasad, who was holding the portfolio, besides the information technology and communications ministries, had resigned from the government on Wednesday. “Called on my senior colleague and predecessor as Union Law & Justice minister Ravi Shankar Prasad ji. Sought his guidance to take forward the vision of Hon’ble Prime Minister Narendra Modi ji to build a new India,” Rijiju tweeted.

    He also shared a picture of the meeting. Prasad also tweeted about his meeting with Rijiju. “I wished him the best and all the success in taking the vision of PM @narendramodi forward,” Prasad said.

    At the first meeting of the Union Council of Ministers on Wednesday evening after the rejig, the prime minister had said the new ministers can learn from the experience of their predecessors.

  • 3,095 criminal cases pending against lawmakers, 68% from UP

    Express News Service
    NEW DELHI:  As many as 3,095 criminal cases are pending against MPs and MLAs across the country with over 68 per cent cases accounting from UP (2,127) alone, according to the Law Ministry. 

    Responding to a question on politicians with criminal background in Parliament on Thursday,  the government said there was no proposal under consideration for prescribing a life-time ban on politicians who have been convicted in criminal cases.

    Law Minister Ravi Shankar Prasad said a total of 12 special courts have been set up in 11 states/UTs to hear criminal cases involving politicians in pursuance of a Supreme Court order. 

    While two such courts have been set up in Delhi, Andhra Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, Maharashtra, MP, UP, Bihar and Bengal have one special court each for expeditious trial and disposal of criminal cases involving elected MPs/ MLAs, Prasad said. 

  • Happy that ‘MeToo’ campaign has started in India: Maneka Gandhi

    Amid the ‘MeToo’ movement against sexual harassment, Union Women and Child Development Minister Maneka Gandhi on Monday said that she was happy that it has started in India and hoped it would not go “out of control” in the sense that it should not target people who offend others “in some way”.

    “There is a MeToo campaign that has started and I am very happy that it has started. And I hope that it doesn’t go out of control in the sense that we target people who offend us in some way,” she said.

    “But on the whole I think the women are responsible, the anger in the sexual molestation never goes away,” she said, adding that one would always remember the person who did it.

    “And this is why we have taken steps and written to the Law Ministry saying that the complains should be without any time limit.

    “Please remember that you can now raise as we have interpreted it, complain about it 10 years later or 15 years later, it never matters how much later. If you are going to complain the avenue is still open,” she added.