January 10th, 2014

ALB20140101

Abhyaas Law Bulletin

For the quintessential CLAT aspirant
The Scoop Of The Month

President gives nod to Lokpal Bill

The Editors Column Dear Student, Welcome to the new year edition of the Abhyaas law Bulletin. The last month of December was full of action on the political front. The Aam Aadmi Party formed the Government in Delhi with outside support from the Congress Party. Arvind Kejriwal became the youngest CM of Delhi. The Lokpal bill finally became a reality after the President gave a go ahead. States are given an year to pass a similar Lokayukta bill at the state level. The Supreme Court(SC) held Section 377 of the Indian Penal Code as valid and held that the provision did not suffer from any constitutional infirmity. The center has since filed a review petition. The SC also came down heavily on indiscriminate usage of the red beacon by politicians and officials. ISRO successfully launched the GSLV which has its own cryogenic engine. This marks an important milestone in ISROs journey. Many notable individuals passed away this month including Nelson Mandela, Paul Walker, Mikhail Kalashnikov, Farooq Sheikh. Happy Reading !

The much-awaited Lokpal Bill got the assent from President Pranab Mukherjee, providing for creation of an anti-graft watchdog which will bring under its purview even the Prime Minister with certain safeguards. The Bill was passed by the Rajya Sabha on December 17 and by the Lok Sabha the next day. The Lok Sabha secretariat had sent to the Law Ministry a copy of the Bill which has been signed by Speaker Meira Kumar. The Bill was then forwarded to the Rashtrapati Bhavan for the Presidents assent. The Bill takes the shape of the Act after the signing by the President and following certain procedures. After the assent by the President, Secretary Legislative Department in the Law Ministry will sign it and send it for publication in the official gazette. The Bill aims to set up institution of Lokpal at the Centre and Lokayuktas in states by law enacted by respective legislatures within one year of coming into force of the Act. The Bill was first passed by the Lok Sabha at the fag end of the winter session of 2011, but not by the Rajya Sabha, where it was debated but the House was adjourned before voting on it. Later, a select committee of the Rajya Sabha had suggested changes in the Bill, most of which were incorporated and approved by the Union Cabinet.

(Rakesh Dubbudu) Index: Page 2: National Page 3: National & International Page 4: Spotlight

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January 10th, 2014 National: Red beacon allowed only for high dignitaries: Supreme Court Red beacon can only be used by high dignitaries holding constitutional posts while on duty, the Supreme Court ruled to put an end to its misuse by politicians and bureaucrats flaunting it as a status symbol, saying it is reflective of the Raj mentality. The apex court also banned private individuals from using siren in their vehicles and directed the authorities to take punitive action against those doing so. A Bench of justices G.S. Singhvi and C. Nagappan said men in uniform, those engaged in emergency duties such as ambulance and fire services, emergency maintenance and police vehicles used as escorts or pilots or for law and order duties will be entitled to use blue, white, multi-coloured lights instead of red beacon. It said that there has been abysmal failure of the authorities to check misuse of red beacons. A large number of persons are using red lights on their vehicles for committing crimes in different parts of the country and they do so with impunity because the police officials are mostly scared of checking vehicles with red lights, what to say of imposing fine or penalty, it said. It also pulled up the authorities for their failure to prevent misuse of siren for the last 24 years. According to rules, siren is allowed only in vehicles used as ambulances or for fire fighting or salvage purposes or vehicles used by police officers or operators of construction equipment vehicles or officers of the Motor Vehicles Department in the course of their duty. The apex court had earlier expressed its displeasure over the rampant misuse of red beacon, saying stringent norms are required to drastically reduce the number of those given this facility. Maharashtra Assembly passes anti-superstition bill The Maharashtra State Assembly passed the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Bill, commonly known as the antisuperstition bill. The Bill, which was promulgated as an ordinance on August 24, four days after the killing of rationalist Narendra Dabholkar, seeks to punish exploitative and superstitious practices including black magic, human sacrifice and the claim of magical remedies to cure diseases. It also proposes punishment from six months to seven years. The Bill differs from the ordinance owing to new amendments. While the ordinance allowed a third party, apart from the affected person or the family, to lodge a police complaint, the Bill says only the sufferer or his immediate family can do so. It excludes religious practices of the Warkari sect and other religious groups which are not exploitative. It also exempts astrology and Vastushatra. GSLV takes off successfully Indias reputation in rocket technology grew as its communication satellite, carried by the hard-toperfect Geosynchronous Satellite Launch Vehicle, took off successfully. The feat took three attempts and an investment of Rs 170 crore. The success launches India into the league of US, Russia and Japan that boast indigenous development of cryogenic technology. With a mission life of 12 years, the satellite will play a key role in bolstering communication systems required for the countrys initiatives in tele-medicine and tele-education. The two solar arrays on the satellite can generate power, while the lithium-ion batteries supply power during eclipse period. India, accomplished in launching lighter satellites on Polar Vehicles launch Vehicles, has relied on Russian technology to send seven geosynchronous heavy satellites (weighing over two tonnes) so far. An attempt to strike out on its own in 2010 failed. With this success, the stage is set for more GSLV launches. Today we have two launch-pads. A team has been commissioned to do feasibility studies for a third launch-pad. The GSLV Mark III can launch satellites of 3.4-5 tonnes. This could open up the market for ISROs commercial arm Antrix Corporation, which is expected to see a revenue rise of 15 per cent in 2013-14 said Dr. Radhakrishnan. Radhakrishnan said there was a slew of launches planned on the GSLV launch-pad: GSAT 6, GSAT 7A, GSAT 9, and Chandrayaan II. But, before the second phase of the moon mission, another satellite will be launched from the GSLV to test its reliability.

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January 10th, 2014 Kejriwal sworn-in as Delhi's Chief Minister AAP leader Arvind Kejriwal took oath as the seventh and the youngest Chief Minster of Delhi. Lieutenant Governor Najeeb Jung administered the oath of office and secrecy to Mr. Kejriwal and six other ministers at the Ramlila Maidan in New Delhi. Earlier, the AAP leader Arvind Kejriwal boarded the metro from Kaushambi Station in New Delhi to take oath as Delhi Chief Minister at the Ramlila Maidan as hundreds of people jostled with each other to board the train with him. There was no place to stand in the Metro premises and people were falling over each other as Mr. Kejriwal arrived to board the train. The AAP leader got off the train at Rajiv Chowk Metro Station, from there he took another metro to reach Ramlila Maidan. Additional CISF security personnel and Uttar Pradesh personnel were deployed at the station. Uttar Pradesh can't withdraw cases against terror accused without Centre's consent: Allahabad HC In a setback to the Samajwadi Party (SP) government in Uttar Pradesh, the Allahabad High Court ruled that the State cannot withdraw cases against terror accused without the consent of the Centre. The SP, which depends heavily on Muslim votes, had in its 2012 election manifesto promised to release innocent Muslims implicated in terror cases. The Lucknow Bench of Justices Devi Prasad Singh, Ajai Lamba and Ashok Pal Singh said that since most of the accused were booked under the Central Acts the State government could not withdraw the cases without the Central governments permission. The Bench passed the order on questions raised by a two-judge Division Bench on a public interest litigation (PIL) petition filed by Ranjana Agnihotri and five other lawyers. The petitioners have also challenged the validity of Section 321 of the Cr.PC (provision for withdrawing the cases). The executive power of the Centre extended to offences under Unlawful Activities (Prevention) Act, the Explosive Substances Act and the Arms Act and the offences falling in Chapter VI of IPC or alike offences, so it was necessary to seek the permission of the Centre before withdrawing the cases, the bench held. The Bench also said that the prosecution could not be withdrawn without assigning specific and special reason. Nelson Mandela, the former President of South Africa dies at 95

Nelson Mandela, the towering figure of Africas struggle for freedom and a hero to millions around the world, died at the age of 95. South Africas first democratically elected President was in the midst of his family at home in Johannesburg, after years of declining health that had caused him to withdraw from public life. The news was announced by President Jacob Zuma. Mr. Mandelas death sent South Africa deep into mourning and self-reflection, nearly 20 years after he led the country from racial apartheid to inclusive democracy. But his passing will also be keenly felt by people around the world who revered Mr. Mandela as one of historys last great statesmen and a moral paragon comparable with Mahatma Gandhi and Martin Luther King. It was a transcendent act of forgiveness after spending 27 years in prison, 18 of them on Robben Island, that will assure his place in history. With South Africa facing possible civil war, Mr. Mandela sought reconciliation with the white minority to build a new democracy. He led the African National Congress to victory in the countrys first multiracial election in 1994. Mr. Mandela was awarded the Nobel Peace Prize in 1993.
Uruguay becomes first country to legalize marijuana trade Uruguay became the first country to legalize the growing, sale and smoking of marijuana, a pioneering social experiment that will be closely watched by other nations debating drug liberalization. A government-sponsored bill approved by 16-13 votes in the Senate provides for regulation of the cultivation, distribution and consumption of marijuana and is aimed at wresting the business from criminals in the small South American nation. Cannabis consumers will be able to buy a maximum of 40 grams (1.4 ounces) each month from licensed pharmacies as long as they are Uruguayan residents over the age of 18 and registered on a government database that will monitor their monthly purchases.

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January 10th, 2014

This month in pictures:

Ambassador Ahmet Uzumcu was reappointed as the Director General of OPCW (Organisation for the Prohibition of Chemical Weapons).

Ashraf Jehan was sworn in as the first female judge in Pakistans National Sharia Court.

V K Duggal, the former Home Secretary was appointed as the Governor of Manipur.

Mikhail Kalashnikov, the inventor of AK47 died.

US Actor Paul Walker of the Fast & Furious fame died in Car Accident.

Angela Merkel was elected as German Chancellor for her third term.

Spotlight: National Law Institute University, Bhopal

National Law Institute University, Bhopal was established in 1997 by the Act No. 41 of the State Legislature of Madhya Pradesh in 1997. The University launched its first academic programme in 1998. Recognized by the Bar Council of India, the university admits 120 undergraduates each year through the Common Law Admission Test (CLAT),who complete 15 trimesters before being awarded a combined B.A., LL.B (Hons.) degree. The post-graduate course offered at the university is the LL.M. degree. The University is a member of the Association of Indian Universities and the patron of the university is the Hon. Chief Justice of India. It works closely with the High Court of Madhya Pradesh, as well as the neighboring National Judicial Academy. The year is divided into three trimesters of 70 working days each. The lectures are accompanied by extensive teaching material prepared and consistently revised by the faculty. The University seeks to provide students with ample opportunity to gain practical experience in the concerned field. The internship and clerkship programmes are fundamental part of the education at NLIU. All the students of the previous batches are well placed in the reputed offices in the Country and abroad. Many law firms, leading advocates, MNCs, financial institutions, NGOs and international organizations have offered internships and recruited NIU students.

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