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.
Draft Mediation Bill – Highlights
The Indian government has issued a Draft Mediation Bill for Public Consultation that seeks to safeguard the interest of litigants to approach competent adjudicatory forums.
- Draft Mediation Bill provides for pre-litigation mediation.
- The bill safeguards the interest of litigants to approach competent adjudicatory forums and courts for urgent relief.
- According to the bill, a successful outcome of mediation has been made enforceable by law in the form of a Mediation Settlement Agreement.
- The mediation Settlement Agreement is out of the consensual agreement between the parties. Thus, challenges related to it have been permitted on limited grounds.
- As per the bill, the mediation process safeguards the confidentiality of mediation undertaken. It also provides for immunity in certain cases against its disclosure.
According to the draft bill, registration of the Mediation Settlement Agreement has been provided with the legal authorities in State, District and Taluk within 90 days for ensuring maintenance of authenticated records of the settlement.
Mediation Council of India
Bill provides for the creation of a Mediation Council of India.
Other provisions of the bill
- The draft bill proposes to bring about a standalone law on Mediation regarding the issues of domestic and international mediation because India is a signatory to the Singapore Convention on Mediation.
- It also takes the international practice of using terms like ‘conciliation’ and ‘mediation’, into contemplation.
Mediation as an ADR
As an Alternate Dispute Redressal (ADR), mediation provides an informal, simple, non-adversarial approach for resolving several types of disputes like civil disputes, commercial disputes and family disputes, etc. In such cases, parties are not able to start any negotiation and reach a conclusion on their own.
Meghalaya Cabinet approves creation of Eastern West Khasi Hills district
On November 5, 2021, Meghalaya Cabinet approved a proposal to give the “Mairang civil sub-division” the status of a full-fledged district.
- Mairang civil sub-division will now be called “Eastern West Khasi Hills district”.
- It will be inaugurated on November 10, 2021.
Significance of the move
This move will help in ensuring that the administration will remain closer to the people. It will also ensure that the implementation of several schemes is more effective.
Khasi Hills is a low mountain formation located in the Shillong Plateau of Meghalaya. These hills are part of the Garo-Khasi-Jaintia range. They connect with the Purvanchal Range as well as the larger Patkai Range towards further east. Khasi Hills are located in the Meghalaya subtropical forests ecoregion. Before 1970, Khasi Hills and the entire Meghalaya state were part of Assam administratively.
Which tribe inhabits the region?
The Khasi Hills region is inhabited by tribal Khasi dwellers. They are traditionally in various chieftainships. Khasis are majorly Presbyterians followed by Catholics & Anglicans.
Home to the wettest place
One of its capitals, called Sohra, is the wettest place in the world.
The highest peak of the Khasi Hills region is Lum Shyllong. It is 1968 meters in height. It is located a few kilometers south of Shillong town.
Khasi Hills region comes under the Khasi Hills district. This district was divided into West Khasi Hills and East Khasi Hills districts on October 28, 1976. Ri-Bhoi District was carved out of East Khasi Hills District on June 4, 1992.
Supreme Court on Lakhimpur case – Recent Developments
The Supreme Court heard the Lakhimpur Kheri farmers’ killing case on November 8, 2021, for the third time in recent weeks. The court expressed dissatisfaction over how the case was being handled. The Supreme court had registered the suo motu case.
- During the previous hearing, on October 26, the Supreme Court had questioned the UP government regarding why there were only 23 eyewitnesses to the violence on October 3 when supposedly thousands were present at the spot then.
- SC had directed the UP government to record statements of more witnesses and provide them protection.
- During the November 8 hearing, the Court was inclined to appoint a retired High Court judge to look after the day-to-day investigation of the Lakhimpur Kheri case, and the UP government was asked to respond to this suggestion on November 12.
What is the Lakhimpur case?
On October 3, 2021, eight people, including four farmers and a journalist, were killed during a farmers’ protest in the Lakhimpur Kheri district of Uttar Pradesh. An SUV, belonging to Union Minister of State for Home Affairs Ajay Mishra, ran over the protesting farmers. His son, Ashish Mishra, is accused of driving the car.
The arrest of the accused
So far, 13 accused have been arrested, including the prime accused Ashish Mishra.
The Uttar Pradesh government had set up a one-member Judicial Commission to probe “the Lakhimpur Kheri incident”. The Commission has been given two months’ time for it. The Commission was set up by the Governor by exercising the powers mentioned under section 3 of the Commissions of Enquiry Act, 1952.
51st Conference of Governors, LGs
President Ram Nath Kovind and Prime Minister Narendra Modi attended the Conference of Governors and Lieutenant Governors on November 10, 2021, at Rashtrapati Bhawan in Delhi.
- The conference was also attended by Vice President M Venkaiah Naidu and Union Home Minister Amit Shah.
- This was the fourth conference to be presided over by President Ram Nath Kovind.
About President of India
The President of India is the Head of state. He is also called the First citizen of India. The President’s appointment, his powers, and other things related to the office of President are mentioned under Article 52-62 of the constitution.
About Governor of India
The Governor is the constitutional head of the state. He is bound by the advice of the council of ministers. Article 153-162 deals with his appointment, powers, and other matters related to the office of Governor. He acts as a vital link between the Union Government and State Government.
Similarities between President and Governor
- Both the President and Governor have been given the status of Constitutional Heads.
- All executive decisions are taken in their name. Though, actual power is exercised by the Council of Ministers.
- All ordinary or money bills passed need their assent before becoming an act.
- All Money bills are introduced in Lok Sabha with the prior recommendation of the President and in the state legislature with the prior recommendation of the Governor.
- Both of them have been provided with the power to promulgate ordinances.
Difference between President and Governor
- The President nominates two members of the Anglo-Indian Community in Lok Sabha. On the other hand, the Governor nominates one member of the Anglo-Indian Community in the State Legislature.
- The President nominates 12 members in Rajya Sabha. On the other hand, the Governor nominates 1/6th members of the State Legislative Council.
- Governor does not have pardoning power with respect to death sentences, though he can commute such sentences. President only has the power to pardon death sentences.
- Only the President has the power to declare war or peace.
- Only President has the power to pardon punishment under Martial law.
Stay tuned for more updates on legal current affairs and tips on CLAT preparation.