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SC greenlights SIR, upholds ECI’s power to revise electoral rolls
The SC has upheld the ECI’s power to conduct SIR expressly stating that the contested process does not violate either election law nor rules; Court however directs that cases of voter exclusion should be provided routes and methods of adjudication
India’s constitutional courts navigate challenges in upholding personal freedom over incarceration
CJP Team -
While some bail pleas were swiftly addressed, many languished. A retrospective of 2023: Did the courts adequately safeguard the dwindling right to liberty for India's citizens?
Bhima Koregaon accused Gautam Navlakha granted bail by the Bombay HC
The operation of the order has been stayed for 3 weeks for the NIA to approach the Supreme Court
India’s Prisons: 95.84% male population, highest number of convicts and under trials languishing in UP prisons
Insights from Statistical Prison Demographics: Recent data provided by MHA unveils inmate gender disparity and religious distribution, state of Tamil Nadu has the highest number of detainees
Parliament answers highlight vacancies in High Courts and Tribunals, delays in transfers
As per the data provided, a total of 324 positions remain vacant in High Courts, nearly 170 vacancies across 16 Tribunals
Disparities in Lok Adalat case disposal rates across India emerge over three years
Uttar Pradesh leads, while other lagging regions signal challenges, prompting calls for equitable justice access nationwide
Article 370: SC Upholds Scrapping Special Status Of Jammu And Kashmir
President’s order to scrapping Article 370 ‘valid’, Elections Should Held In J&K By September 2024
Supreme Court refuses to stay amendments to forest law
The amendment has been criticised by activists and tribal rights leaders to dilute existing provisions for protecting forest land and tribal livelihoods.
Tamil Nadu Governor delivers another googly, refers the ten re-adopted bills to the President, state calls it a “Hit on the Constitution”
Governor Ravi raises the argument that he did not have to send the bill back to the Assembly when he withheld his consent; Supreme Court to hear the matter on December 11
Supreme Court on PMLA: Section 120(B) of the IPC can’t be invoked by ED when criminal conspiracy not linked to schedule offence
In its recent judgment, the Court clarified that the person accused of PMLA offense need not be an accused in the Scheduled offense, and that if the prosecution for the scheduled offense concludes with the acquittal or discharge of all the accused, the scheduled offense ceases to exist
Gauhati HC: “Foreigner’s Tribunals declaring applicants/proceedees to be citizens/foreigners without following law, analysing material placed on record”
The divisive bench directed the Assam government to carry out a departmental review in cases where foreigner tribunals have declared applicants or proceedees to be citizens of India or foreigners without properly analysis
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Rule of Law
SC greenlights SIR, upholds ECI’s power to revise electoral rolls
The SC has upheld the ECI’s power to conduct SIR expressly stating that the contested process does not violate either election law nor rules; Court however directs that cases of voter exclusion should be provided routes and methods of adjudication
Farm and Forest
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Farmers in the thousands blocked the Mumbai–Agra Highway in Maharashtra’s onion belt, demanding fair procurement prices, compensation for distress sales and relief from export restrictions; the protests were supported by the Opposition Maharashtra Vikas Aghadi (MVA) leaders who were also detained
Communal Organisations
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Outside fringe mobilisation attempted to turn a long-standing local practice into a communal flashpoint
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Himalayan Courts: Young folds & new cracks in environmental jurisprudence
This third part of a careful and exhaustive legal analysis looks at the environmental jurisprudence of the Himalayan High Courts over the last decade that reveals an unsettling paradox: the vocabulary of ecological protection has never been richer, yet the physical landscape has never been more legally vulnerable. The courts of Himachal Pradesh, Uttarakhand, and Jammu & Kashmir and Ladakh have masterfully preserved the text of environmental law while pronouncing judgements that blunt its teeth.
Rights
Bhodu Sekh Case: Union agrees before Supreme Court to repatriate deported Bengali-speaking individuals pending citizenship inquiry
Union tells Court those sent to Bangladesh will be brought back and their citizenship claims examined in India; clarifies decision is confined to the exceptional facts of the case
Communalism
Have Hindus always been Vegetarian?
The author academic exposes the propaganda in what he terms as the “Hindutva Hoax of Vegetarian Hinduism”
Rule of Law
J&K High Court quashes preventive detention in cattle transport case, says PSA cannot substitute ordinary criminal law
Court holds allegations relating to cattle transportation and offences under the Prevention of Cruelty to Animals Act concern “law and order” at best, and do not justify preventive detention under the Jammu & Kashmir Public Safety Act
