Legal Current Affairs

If you’re preparing for CLAT, Current Affairs play a significant role in securing a good score. So, you need to be updated with the daily current affairs and current happenings across the globe. Here is a list of some legal current affairs that took place this week.

Digital Sansad App

The Lok Sabha secretariat launched a new app titled “Digital Sansad” on January 27, 2022.

About Digital Sansad App

• The digital sandad app was launched to make it easier for people to follow proceedings in Parliament and their lawmakers.
• The App is available on both android and IOS platforms.
• It carries all the major content of the interlinked portal of the Indian Parliament.

Uses of the App

The App offers a 360-degree view of legislative activities and services for members. Apart from proceedings in the current House, App will help people in accessing archival data related to all Lok Sabhas. People would also be able to access speeches, debates, etc. The App contains information on budget speeches since 1947 as well as House discussions from the 12th Lok Sabha to 17th Lok Sabha. It will also contain a live telecast of Sansad proceedings. The 2022 Budget session can also be watched live on this App.

How will this App help MPs?

• The App will also help members of Parliament to access services like checking personal updates viz., House bulletins, the status of their notices, etc.
• MPs are barred from using laptops inside the house. Thus, this App will become handy for MPs to get parliamentary information during any debate in the House.
• In future, this App will help MPs to log in for attendance, give questions for the Question Hour as well as submit notices for debates or adjournment motions.

Why was this App launched?

Legislature is required to keep its constituents apprised of its routine proceedings. This objective needs Parliament to keep its communication channels up-to-date with the evolving technological landscape. Thus, Parliament started expanding its digital footprint. Launch of the’Digital Sansad App’ is an initiative in that direction.

Who provided the idea for the App?

Digital Sansad App is the brainchild of Lok Sabha Speaker, Om Birla. With this App, he sought to make parliamentary proceedings more accessible to people.

App users

The App has seen more than 8000 users from India and countries like the US and Saudi Arabia as of now.

Kerala: Ordinance to dilute Lokayukta Powers

The Kerala government has decided to bring an ordinance for amending the “Kerala Lokayukta Act”, so that it would have the power of rejecting the report of the anti-corruption body.

Highlights

• The state cabinet recently recommended to the governor to issue an ordinance for amending Kerala Lokayukta Act, 1999.
• The amendment seeks to give powers to the government for either accepting or rejecting the verdict of Lokayukta, after providing an opportunity of being heard.
• According to the proposed amendment, Lokayukta would have only the power of making recommendations or sending reports to the government.

The Lokayukta

Lokayukta is the Indian Parliamentary Ombudsman. He is executed into power for each of the State Governments in India. It is brought into effect through the Lokayukta Act. A person of reputable background is nominated for the post, which is created to address grievances quickly against the working efficiency and integrity of the government or its administration. Lokayukta cannot be dismissed or transferred by the government once he is appointed. He can only be removed by passing an impeachment motion by the state assembly.

First State to introduce Lokayukta.

Maharashtra became the first state to introduce the institution of Lokayukta through the “Lokayukta and Upa-Lokayuktas Act” in 1971. Maharashtra was followed by similar acts enacted by states of Odisha, Rajasthan, Uttar Pradesh, Bihar, Madhya Pradesh, Karnataka, Gujarat, Andhra Pradesh, Tamil Nadu, Kerala, and Delhi. The powers of Lokayukta in each state are different.

Who appoints the Lokayukta?

The Lokayukta is appointed by the Governor of the State. He is appointed through nomination by its Chief Minister, in consensus with the Chief Justice of State High Court, Leaders of Opposition in Legislative Assembly & Legislative Council, Chairman of Legislative Council and Speaker of the Legislative Assembly.

Who is eligible for an appointment?

Retired Chief Justice, or Judge, or a retired judge of the High Court is eligible for the post of Lokayukta.

SC Judgement on Inheritance of Daughters

In a significant verdict, the Supreme Court recently declared that; daughters would be entitled to inherit the properties of the father.

Key Facts

• The apex court pronounced that daughters of a male Hindu, dying intestate, will be entitled to inherit the self-acquired and other properties obtained in the partition by the father.
• Daughters will also get preference over other collateral members in the family.
• As per the court, if a property of a male Hindu dying intestate (without a will) is a self-acquired property or it has been obtained in the partition of a coparcenary or a family property, it would devolve by inheritance and not by survivorship. The daughter would be entitled to inherit such property.
• The right of a widow or daughter to inherit the self-acquired property or share received in the partition of a coparcenary property of a Hindu male dying intestate is well recognized under old customary Hindu Law as well as by several judicial pronouncements.

Background

This Judgement came on a petition filed an appeal against the Madras High Court verdict, which dealt with the property rights of Hindu women and widows in accordance with the Hindu Succession Act. The court was dealing with the legal issue related to the right of the daughter to inherit the self-acquired property of her father in the absence of any other legal heir.

Act dealing with this provision

Section 14 (I) of the Hindu Succession Act, 1956, converted all limited estates owned by women into absolute estates. The succession of these properties would take place in the absence of a will or testament in line with Section 15 of the Act. The main aim of the legislature in enacting section 15(2) of the Act is to ensure that inherited property of a female Hindu dying intestate and issueless goes to the source.

Hindu Succession Act, 1956

The Act was enacted to amend and codify law related to intestate or unwilled succession among Hindus, Jains, Buddhists, and Sikhs. The Act put forward a uniform and comprehensive system of inheritance and succession into one Act. The Act abolished the limited estate of Hindu women.

Extension of National Commission for Safai Karamcharis

The Union Cabinet recently extended the National Commission for Safai Karamcharis for three more years. The current tenure of the commission ends in March 2022. The commission has been extended for three years after this. The extension is being made at the cost of Rs 43.68 crores. Safai karamcharis are the manual scavengers. They clean drainages and sewer with direct hands, without any protection or equipment.

Background

The National Commission for Safai Karamcharis was created as an advisory body. It provided recommendations to the Government of India on welfare of the safai karamcharis. Also, the commission evaluated the execution of special programs for safai karamcharis.

Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

The commission monitors the implementation of the Act. It checks if the central and state governments take appropriate actions towards the complaints under the purview of the Act. Kindly note that the commission only monitors the Act and does not work as governed by the Act. The commission is not governed by any law.

The Commission is a Non – Statutory Body

The commission was established in 1993. It was established under the National Commission for Safai Karamcharis Act, 1993. The validity of the Act was till 1997. Later it was extended till 2002 and then till 2004. Later it was made a non–statutory body. Meaning it is not governed by laws or acts. Till date, the National Commission for Karamcharis functions as a non–statutory body.

Need for the extension

In spite of strict and wide measures, manual scavenging still prevails in India. Sporadic instances exist in interior rural areas. They are deprived of education and socio-economic benefits. For these reasons, the Government of India is extending the tenure of the National Commission for Safai Karamcharis. With this, the government aims to achieve complete mechanization of the septic tank and sewer cleaning.

NEET Reservation: Supreme Court’s Detailed Order

On January 20, 2022, the Supreme Court ruled that Reservation should not be seen as being at odds with merit.

Key Points

• The Supreme Court ruled in favour of reservation for other backward classes (OBCs) in all India quota of (AIQ) NEET-PG seats.
• Reservation for OBCs was introduced by the Central government on July 29, 2021.

Background

The detailed order over reservation came after SC’s decision on January 7, 2022 to include 27% reservation for OBCs and 10% for economically weaker sections in counselling for NEET-PG courses, among the AIQ seats in medical or dental seats.

Court’s definition of merit

Court also provided a broad definition of merit. As per the court, the merit should not be limited to individual agency or ability; however, it is envisioned as a social good that advances equality because the Constitution espouses this value.

What was the issue?

General category doctors, who appeared for NEET-PG 2021, were opposing the reservation for OBCs and EWS. They argued that AIQ seats are for the meritorious so, providing any reservation in this category would be detrimental to the national interest.

Court’s view

Responding to the argument of general category doctors, the court said, an open competitive exam may ensure formal equality so that everyone gets an equal opportunity to participate. However, inequalities in the availability of and access to educational facilities will lead to the deprivation of certain classes of people as they would be unable to effectively compete in such a system. Special provisions such as reservation enable the disadvantaged classes to do away with the barriers they face in effectively competing with forward classes. These special provisions ensure substantive equality.

Court’s view on the merit

On the matter of merit, SC was of the view that accepting merit as an individual’s performance in an open competitive examination will fail to recognize the dignity and worth of every individual. Such definition also hinders the realization of substantive equality. Court noted that high scores in examinations are not a proxy for merit.

Stay tuned for more updates on legal current affairs and tips on CLAT preparation. 

References:

1. https://www.gktoday.in/current-affairs/neet-reservation-supreme-courts-detailed-order/ 
2. https://www.gktoday.in/current-affairs/digital-sansad-app/ 
3. https://www.gktoday.in/current-affairs/kerala-ordinance-to-dilute-lokayukta-powers/ 
4. https://www.gktoday.in/current-affairs/sc-judgement-on-inheritance-of-daughters/  
5. https://www.gktoday.in/current-affairs/extension-of-national-commission-for-safai-karamcharis/