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The Jammu & Kashmir government has terminated 4 government employees for being a threat to the security of the state under article 311 (2) (c) recently. Article 311(2) – It states that a civil servant cannot be dismissed, demoted, or reduced in rank unless they have been given a reasonable opportunity to show cause against the proposed action. Article 311(2)(c) - It allows the government to terminate employees without ordering an inquiry into their conduct or giving them an opportunity to explain their position if the President/Governor, is satisfied that in the interest of the security of the State, it is not…
24 November, 2023
Various acts
Multi-State Cooperatives Societies The Multi-State Cooperative Societies (MSCS) Amendment Bill, 2022, which proposes to amend the Multi-State Cooperative Societies Act, of 2002, has been approved by the Union Cabinet. In July 2021, a new Ministry of Cooperation was established with the goal of giving the cooperative sector expansion fresh life. What modifications are proposed by the bill? The changes aim to make doing business easier, increase openness, and strengthen governance. On the board of multi-state cooperative organizations, it has provisions relating to the representation of women and members of Scheduled Castes/Scheduled Tribes. The changes were made to improve accountability, strengthen…
14 October, 2022
Acts and regulations
The Places of Worship Act, 1991 The Solicitor General told the Supreme Court that the opinion of its five-judge Constitution bench in the Ayodhya case "may not cover" the validity of the Places of Worship Act, 1991. About Places of Worship Act: It is described as "An Act to prohibit the conversion of any place of worship and to provide for the preservation of the religious character of any place of worship as it existed on the 15th day of August 1947, and for matters connected with or incidental thereto," and it was passed on August 15, 1947. The disputed…
13 October, 2022
Acts and regulations
Narcotic Drugs and Psychotropic Substances Act 1985 Image Source - Ipleaders Recently, the Karnataka High Court ruled that the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 neither mentions bhang as a forbidden substance nor drink. In two earlier rulings, Madhukar v. the State of Maharashtra (2002) and Arjun Singh v. the State of Haryana (2004), the courts determined that bhang is not ganja and is not consequently covered by the NDPS Act. The court cited these rulings in its reasoning. Earlier, Thailand allowed the cultivation and possession of marijuana, but smoking it for recreational purposes is still prohibited. Bhang Cannabis…
02 September, 2022
Acts and regulations
Challenging the Special Marriage Act, 1954 Image Source - Community Forest Resource Rights The Special Marriage Act (SMA), 1954's requirement that couples send a notice of their plan to marry 30 days before their wedding, was recently rejected by the Supreme Court (SC). The case was denied by the SC on the grounds that the petitioner was no longer a harmed party because she had previously celebrated her marriage in accordance with the SMA. About the petition The petition contested the constitutionality of the SMA clauses that allow interfaith and intercaste couples to seek sanctuary. As they compel couples to provide…
01 September, 2022
Acts and regulations
Benami Law The Supreme Court recently overturned a part of the Benami Transactions (Prohibition) Act, 1988 that imposed a maximum three-year prison sentence, a fine, or both, as a penalty for engaging in Benami transactions. About the recent judgment In regards to the 1988 act: Benami transactions and the power to recover property that is believed to be Benami were rendered illegal by the 1988 Act. The highest court declared Section 3(2) of the Benami Transactions (Prohibition) Act, 1988, illegal on the grounds that it was obviously arbitrary. The civil penalties that are planned under the Act won't be impacted…
25 August, 2022
Acts and regulations
SC’s ruling on PMLA ACT and its implication The Supreme Court of India upheld the constitutional validity of the Prevention of Money Laundering Act's (PMLA) controversial “twin conditions for bail” i.e., the trial court needs to give bail only if the accused proves he is not guilty of money laundering. If the accused gets bail, he also has to prove that he is not likely to commit any offence while on bail. By upholding the reverse burden of proof condition for bail, the court also overruled its own rule in 2017 in Nikesh Tarachand Shah vs Union of India, where…
29 July, 2022
Acts and regulations
THE ABSURDITY OF THE ANTI-DEFECTION LAW Uddhav Thackeray’s government facing internal dissent from a block of 22 MLA led by Eknath Shinde, has brought the anti-defection law again into the spotlight. Such events were also witnessed in Puducherry, Madhya Pradesh, and Karnataka. ANTI-DEFECTION LAW The anti-defection law was included in the constitution as the Tenth schedule via the 52nd amendment act 1985 to combat the evil of political defection. The law punishes an individual member of parliament or even MLAs for leaving one party for another. The decision on a question of disqualification on the ground of defection is taken…
22 June, 2022
Acts and regulations
New IT Rules related to Social Media Social media companies are prohibited from hosting or publishing any unlawful information. This information is “in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries, etc. If such information is hosted or published the government can take down such information within 24 hours. The user will be given a notice before his/her content is taken down. The government can direct messaging platforms to tie the identity of the user with the message transmitted by him/her for strengthening traceability. The IT rules 2021 call for…
28 February, 2021
Acts and regulations
Draft Act on Land Titles Following are the provisions proposed under the draft Act: Setting up of State land authority: Under the proposal, each state is to set up a land authority that will have a title registration officer (TRO) who will prepare a title record based on document-based claims from the presumptive owners and any claimants. Draft list of presumptive ownership: The authority will then publish a draft list of the presumptive ownership of every plot (on which it has received applications) and invite claims within a given deadline from anyone else with an interest in the property. Dispute resolution: The TRO will be free to…
21 February, 2021
Acts and regulations
IT Act, 2000: Important Provisions vis-a-vis Social Media Regulation Tackling harmful content such as hate speech, rumours, inflammatory and provocative messages and child pornography needs cooperation between technology services companies and law enforcement agencies. Information Technology Act, 2000, as amended from time to time, governs all activities related to the use of computer resources. Information Technology (IT) Act, 2000 It covers all ‘intermediaries’ who play a role in the use of computer resources and electronic records. It includes providers of telecom service, network service, Internet service and web hosting, besides search engines, online payment and auction sites, online marketplaces and cyber cafes. …
07 February, 2021
Acts and regulations
Essential Commodities Act Part of: GS-II- Governance and recent act (PT-MAINS-PERSONALITY TEST) In news recently: Government puts masks and hand sanitisers under Essential Commodities Act. ECA enacted by Parliament in 1955 provides for the regulation and control of production, distribution and pricing of commodities which are declared as essential. Aim: Maintaining/increasing supplies/securing equitable distribution and availability of these commodities at fair prices. The Centre can include new commodities as and when the need arises, and can take them off the list once the situation improves (in view of public interest). States are the implementing agencies to EC Act, 1955 What is Essential Commodities Act? The ECA was enacted…
20 April, 2020
Various acts
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