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.
Elevation of Union Law Secretary as HC Judge
In October 2019, Anoop Kumar Mendiratta became the first serving judge to be appointed as Union Law Secretary among 60 candidates. On February 25, 2022, he became the first Union Law Secretary to be appointed as a judge in the High Court.
- The former district and sessions judge at the Karkardooma courts will now take his seat in Delhi High Court for three years.
- In July 2021, Delhi High Court had made eight recommendations for judges.
- On February 3, 2022, the Supreme Court collegium recommended six from that list of judges for the appointment.
Which article provides for the appointment of judges?
The President of India, by exercising power conferred in Clause(1) of Article 217 of the Indian Constitution, appointed:
- Neena Bansal Krishna
- Dinesh Kumar Sharma
- Anoop Kumar Mendiratta
- Sudhir Kumar Jain, as judge of the Delhi High Court, in the order of seniority.
Number of judges in Delhi High Court
With these appointments, the working strength of the Delhi High Court will increase to 34 against the sanctioned strength of 62 judges.
Indian Judiciary is a system of courts interpreting and applying the law. It uses a common law system that has been inherited from the legal system established by former colonial powers and princely states. This system is managed and administered by officers of judicial service, who are intended to fill district judge posts and other civil judicial posts inferior to the district judge. The President of India appoints judges of the High Courts and Supreme Court on the recommendation of a collegium.
Classification of the judicial system of India
The Judicial System of India is classified into three levels:
- Supreme Court or Apex Court– It is the top court and the last appellate court in India. The Chief Justice of India is the top authority of the apex court.
- High Courts– High courts are the top judicial bodies in the states. They are controlled and managed by the Chief Justices of States.
- District Courts or subordinate courts– These courts are controlled and managed by District & Sessions Judges. This system is divided into:
- Civil court– It is headed by a Sub-Judge
- Munsif court
- Criminal court– It is headed by Chief Judicial or Metropolitan Magistrate at the top, followed by ACJM or ACMM & JM or MM at the lower level.
Workshop on Prevention of Sexual Harassment at Workplace
On February 23, 2022, Union Law Secretary Anoop Mendiratta asserted that sexual harassment at the workplace is a violation of Fundamental Rights guaranteed in the Indian Constitution.
- He further asserted that, until and unless women come out in the open against it, it will be difficult to bring in changes.
- He was addressing the first workshop on Prevention of Sexual Harassment at Workplace. The workshop was organized by the Department of Legal Affairs.
- He noted that there were multiple challenges attached to the issue. The first step involves talking and writing the complaint or incident to the complaints committee.
Protection of Women from Sexual Harassment (POSH) Act, 2013
The Supreme Court in the “Vishakha and others v State of Rajasthan 1997 case” gave the “Vishakha guidelines”. These guidelines formed the basis for “Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 or the “Sexual Harassment Act, 2013”. The act defines sexual harassment at the workplace as well as creates a mechanism for complaints redressal.
Internal Complaints Committee
Under the act, every employer is required to set up an Internal Complaints Committee at each office or branch having 10 or more employees. Complaints Committees have the powers of civil courts to gather evidence. The Committees are required to provide conciliation before initiating any inquiry on the request of the complainant.
The act also provides for penalties for employers. Non-compliance with provisions of the Act is punishable with a fine. Repeated violations could lead to higher penalties and cancellation of registration of license to conduct business.
Responsibility of Administration
State governments are mandated to notify the District Officer in every district. The district officer will constitute a Local Complaints Committee (LCC), in order to enable women in unorganized sectors or small establishments to work in a sexual harassment-free environment.
What is ‘Presidential Fleet Review’?
On February 21, President Ram Nath Kovind conducted a Fleet Review of the Indian Navy in Visakhapatnam.
- President Kovind is in Visakhapatnam for a three-day visit to Eastern Naval Command.
- Visakhapatnam is hosting the Fleet Review for the second time.
- First Fleet Review was hosted in 2006 by the then President of India, APJ Abdul Kalam.
- The Fleet Review is done with the aim of assuring the country of preparedness, high morale, and discipline of the Indian Navy.
- This year marked the twelfth Fleet Review.
- It is being conducted on the occasion of the 75th anniversary of India’s Independence.
Why did the President of India review the Indian Naval Fleet?
Every President of India reviews the Indian Naval Fleet once during their office term because he is the Supreme Commander of Indian armed forces.
About Presidential Fleet Review
Being the Supreme Commander of Indian armed forces, the President of India takes stock of the capabilities of the Navy in the Fleet Review. The President embarks on a yacht called the Presidential Yacht and reviews the Indian Naval Fleet. In the year 2022, the yacht comprised more than 60 ships and submarines and 55 aircraft. It will be distinguished by the Ashoka Emblem on her side. It will fly the President’s Standard on the Mast. This year, ships from all naval commands and Andaman & Nicobar Command were docked on one of the naval ports for the Review in Visakhapatnam. As part of this exercise, the Presidential Yacht sailed past the columns of ships anchored in lanes, and they were accorded the ceremonial salute. The President was also given a 21-gun salute during the review.
Naval vessels in 2022 review
As per Defence Ministry, the participating platforms in Fleet Review included:
- Newly inducted combat platforms,
- Latest stealth destroyer INS Visakhapatnam and
- INS Vela is a Kalvari class submarine commissioned into the Indian Navy recently.
- Three Shivalik class frigates
- Three Kamorta class ASW Corvettes
- Ships from the Coast Guard, Ministry of Earth Sciences, and Shipping Corporation of India.
So far, 11 Fleet Reviews have been organized. The first fleet was conducted in 1953 under President Rajendra Prasad. Of all, two reviews in 2001 and 2016 were international, in which vessels from other countries also took part.
SC on Gender Cap in Orchestra Bars
The Government of Maharashtra had placed a restriction limiting the number of female and male performers in orchestra bars to four each, but the Supreme Court (SC) overturned it.
The SC said the limit of performers should not exceed the number 8, but there should not be any restriction on gender composition. The bench that passed the order consists of Justice S. Ravindra Bhat and Justice K.M. Joseph.
The SC said that this gender cap breaks the performers’ fundamental rights as well as those of the license owners under Article 19 (1) (g) and Article 15 (1) of the Indian Constitution.
Orchestra performances are a common feature for which a license has to be procured, namely the Premises and Performance licenses under the Maharashtra Police Act, 1951’s Licensing and Performance for Public Amusement including Melas, Cabaret Performance, and Tamashas Rule, 1960.
Which condition was challenged by the appellant?
The Commissioner of Police, Brihan Mumbai, added several conditions to the existing ones. The appellant, on the other hand, challenged two significant conditions that contributed to the gender difference.
- Only four female singers/artists and four male singers/artists are permitted to remain on the permitted stage by the licensee.
- Only eight musicians are allowed to remain on the stage at any given time (four male and four women).
The High Court had dismissed the appeal to the Commissioner of Police’s conditions, ruling that the right to impose them was obtained from the Maharashtra Police Act, 1951, and the rules which were framed under it.
Later, these conditions were overturned by the Supreme Court.
Stay tuned for more Legal Current Affairs and other law related articles.