Law Today
How Centre’s new bill negates Supreme Court ruling on appointing poll panel chief
The Centre’s bill proposes to replace Chief Justice of India with a cabinet minister in the committee for selection of the Election Commissioners.
Nalini Sharma is a lawyer-turned-journalist covering the important legal developments from all across the country with special focus on New Delhi. She is often found in the court corridors, running from one court to another tracking all the latest happenings in the world of law. Prior to turning towards journalism, Nalini has worked as a corporate legal counsel after having completed her law degree from IP University, New Delhi. As a journalist, her focus always remains on accurately representing all sides to a story, whether it be on TV or through the digital medium. When away from her phone and laptop, Nalini enjoys spending time with her dog, listening to music and binge-watching different web series.
The Centre’s bill proposes to replace Chief Justice of India with a cabinet minister in the committee for selection of the Election Commissioners.
The proposed changes in the criminal justice system have a lot of good, pro-citizen provisions. At the same time, some niggling issues remain, that could probably be ironed out by the Parliamentary Standing Committee.
The Bharatiya Nyaya Sanhita, the new version of the Indian Penal Code, introduces enhanced punishment for death due to negligence, emphasising accountability and prevention. The law proposes penalties of up to 7 to 10 years imprisonment for causing death by negligence, promoting responsibility across various sectors and underscoring the value of every life.
In a first, the government has proposed community service as a new form of punishment for petty crimes in India. If implemented, India will join the ranks of countries like the US, UK, Sweden and many other developed nations.
The bills proposed by the Centre to revamp India's criminal laws included enhanced punishment for rape and separate laws for rape of a minor. However, marital rape continues to be an exception to the rape law in the bill.
The proposed laws mention that sex using deceitful means or promise of marriage will be punishable.
The central government introduced three bills in the Lok Sabha on Friday to revamp the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act.
The Punjab and Haryana High Court, which had earlier taken a suo motu cognisance of demolition activities in Haryana's Nuh, will take up the case on August 18. During previous hearings, the high court expressed concerns about potential ethnic cleansing by the state government in reference to the demolitions in Nuh.
The Supreme Court Collegium has recommended the transfer of various High Court judges including Justice Hemant M Prachchhak of Gujarat High Court, who refused to stay Rahul Gandhi's conviction in defamation case.
The central government listed a bill in Rajya Sabha that seeks to drop the Chief Justice of India from the selection committee for the appointment of Chief and other Election Commissioners of India.
In a relief for Congress leader Rahul Gandhi, the Supreme Court put on hold his conviction in a 2019 defamation case over his 'Modi surname' comments. With this ruling, Rahul Gandhi can now get back his MP status, which was revoked after his conviction. So, what's next for Rahul Gandhi?