#who is prashant bhushan

[sa7abnews]

India assisting genocide with Israel arms exports: lawyer

New Post has been published on Sa7ab News

India assisting genocide with Israel arms exports: lawyer

Prashant Bhushan, who had been engaging with students after giving a speech, also said the arms exports to Israel breach the Indian constitution.

... read more !

[college-buz]

Electoral Bonds Struck Down Ahead Of Polls In Big Supreme Court Order

In a historic judgment, the Supreme Court today struck down the electoral bonds scheme for political funding, holding that it violates the citizens' right to information. The electoral bonds scheme, Chief Justice of India DY Chandrachud said, was unconstitutional and arbitrary and may lead to a quid pro quo arrangement between political parties and donors.

The Constitution bench of five judges held that the stated objective of fighting black money and maintaining the confidentiality of donors cannot defend the scheme. Electoral bonds, the court said, are not the only way to curb black money.

The Chief Justice of India said State Bank of India shall stop issue of these bonds at once and provide details of donations made through this mode to the Election Commission of India. The poll body was asked to publish this information on its website by March 13.

The five-judge bench, also comprising Justice Sanjiv Khanna, Justice BR Gavai, Justice JB Pardiwala and Justice Manoj Misra, came up with a unanimous decision. "We have arrived at a unanimous decision. There are two opinions, one by myself and another by Justice Sanjiv Khanna. Both arrive at the same conclusion. There is a slight variance in the reasoning," the Chief Justice of India said.

The electoral bonds scheme was introduced in 2018 with the stated objective of blocking black money from entering the political system. Then Finance Minister Arun Jaitley had then said the conventional practice of political funding in India was cash donations. "The sources are anonymous or pseudonymous. The quantum of money was never disclosed. The present system ensures unclean money coming from unidentifiable sources. It is a wholly non-transparent system," he had then said. On the confidentiality clause, he had said the disclosure of the donors' identity would make them go back to the cash option.

Soon after the scheme was implemented, multiple parties challenged it in court. These included CPM, Congress leader Jaya Thakur and non-profit Association for Democratic Reforms. They argued that the confidentiality clause came in the way of the citizen's right to information.

Senior Advocate Prashant Bhushan, appearing for ADR, said the bonds promote corruption as they are opaque and anonymous. "The bonds do not allow a level-playing field between political parties which are ruling versus political parties which are in the Opposition or between political parties and independent candidates." He also said ever since this scheme was introduced, contributions made through this donation method had exceeded all other modes.

In fact, the Election Commission, too, had opposed the scheme when it was brought, calling it a "retrograde step" with regard to transparency in political funding. Later

The government had gone all out to defend the scheme in the Supreme Court. Solicitor General of India Tushar Mehta had said it was a deliberate attempt to ensure that funding received by political parties was clean money. He had said disclosing the donor's identity could disincentivise the whole process. "Suppose, as a contractor, I donate to the Congress Party. I do not want the Bharatiya Janata Party (BJP) to know because it might form a government," he had said. When the court asked how this confidentiality can be reconciled with the voters' right to information, Mr Mehta had replied that voters do not vote on the basis of who is funding which party but on ideology, principles, leadership and efficiency of a party.

Countering the right to information argument, Attorney General of India R Ventakaramani had said there "can be no general right to know anything and everything without being subjected to reasonable restrictions". "Secondly, the right to know as necessary for expression can be for specific ends or purposes and not otherwise," he had said.

The Supreme Court also struck down the amendments to company and tax laws. Earlier, companies needed to be at least three years old to donate and had to disclose the amount and name of the party to which it was donating. These conditions that ensured transparency in corporate donations were done away with under the new law.

"A company has graver influence on the political process than contributions by individuals. Contributions by companies are purely business transactions. Amendment to Section 182 Companies Act is manifestly arbitrary for treating companies and individuals alike," the court said.

"Before the amendment, loss making companies were not able to contribute. The amendment does not recognise the harm of allowing loss-making companies to contribute due to quid pro quo. The amendment to Section 182 Companies Act is manifestly arbitrary for not making a distinction between loss making and profit making companies," the court added.

[badassdaddy]

I am not surprised that RPN Singh, Jitin Prasad, Scindia and now Milind Deora are leaving Congress. This was bound to happen because these were extreme opportunistic capitalist Sanghis hiding under the guise of friendship with Rahul who only knew how to stay with power. Be it the British or their supporters.

My friend told me that you should meet Rahul Gandhi. I said that I do not want to meet Rahul Gandhi but Rahul should definitely meet those people who have been writing continuously since 2014 in his support and his union on every front without any attachment. They are trying to compete but unfortunately Rahul Gandhi is not meeting them.

Rahul Gandhi is still with people like Yogendra Yadav and Prashant Bhushan who have toppled the Congress government. Rahul Gandhi is giving interviews to such people who used to criticize Congress before opening their YouTube shop, whom Rahul Gandhi will not tolerate. There is hesitation even in writing "Congress" leader who all the time puts the Congress state governments in the dock and who all the time runs anti-Congress agenda for branding themselves.

During Rahul Gandhi Yatra, he is giving interviews to such YouTube idiots who do not even have the civility to talk. The leaders, journalists, activists and writers who are openly making fun of Rahul Gandhi can meet him but he is not meeting those activists, journalists and writers, who dedicated thier life with their pen by writing for him and the party.

Today, when Congress is going through a period of renewal, Rahul should form a team which does not compromise even one percent on ideology. The success of BJP and Sangh is an example of this by standing with them regardless of victory or defeat in elections.

Remember Rahul.. A leader and a party becomes great when he supports those people who were supporting you when no one was supporting you. I have written from the heart, you should understand from the mind.

[adanicase]

The Adani Group has referred to them as “recycled allegations” and another coordinated attempt to bring the “meritless Adani Hindenburg report“ back to life by Soros-funded interests backed by some foreign media.

[newswireml]

Latest LIVE: Former Law Minister & senior lawyer Shanti Bhushan dies at 97#Latest #LIVE #Law #Minister #senior #lawyer #Shanti #Bhushan #dies

Former law minister Shanti Bhushan passes away, son Prashant says ‘end of an era’ Shanti Bhushan was a member of the Congress (O) and later of the Janata Party, and was also a Rajya Sabha MP during his political career. He also had a six-year stint with the BJP. Speaking to The Indian Express, Prashant said: “All I can say is that this is the end of an era. He was a person who saw the evolution…

[prarticle02]

Emergence Of Debt-Free Essar Indicates Group’s Strong Foundations

Essar finally paid off his loan. For more than $2 billion, the Group sold three infrastructure assets—two ports and a power plant—to Arcelor Mittal Nippon Steel India. End of a difficult phase, tweeted Prashant Ruia, Shashi Ruia's eldest son and director of Essar Capital. Looking back, I'm pleased that we were able to meet our obligations and monetize some of our top-tier assets. Moreover, the start of a new chapter.            

Essar Group was not erected on sand, to start with. People who were writing Essar obituaries did not consider the underlying assets; they simply saw debt figures. The Group built quality asset after excellent asset using bank advances and loans. Aditya Mittal, a descendant of Arcelor Mittal, made a statement at the World Economic Forum in Davos in 2018 that stands as a powerful testament to Essar's project quality. In the form of Essar Steel, the Ruias, according to Mittal, had constructed a steel plant of the highest calibre with enormous room for growth.

Second, the Ruia people possess steely nerves. The Ruia family stood their ground when many other business families (including Neeraj and Brij Bhushan Singal, Venugopal Dhoot, and Vijay Mallya) buckled under the weight of their mounting debts. They stayed put and didn't give up. Instead, they built a fresh, prosperous, debt-free Essar. They simultaneously started new businesses, improved existing ones, and sold off infrastructure assets to pay back bank loans while working on two different fronts.

[theburialofstrawberries]

[Sep 1 2020] Some good news from India, all within the last day or two

The supreme court blinked; Prashant Bhushan does not have to apologise, go to jail, or lose his license for tweets critical of the Modi govt and calling out an SC judge for riding a BJP member’s Harley Davidson. He has to pay a token Re. 1 fine

The Allahabad high court ordered the release of Dr. Kafeel Khan, a hero who saved many lives in the 2017 UP tragedy when oxygen supply to the BRD Medical College was cut. UP Police arrested him for a speech he gave to students of Aligarh Muslim University for supposedly inciting violence when he was really talking about the communal nature of the NRC exercise and how Indian muslims should band together and resist attempts that pit them against their Hindu brethren. He has been detained for 9 months, missing more than half of his new baby boy’s life in jail 

Another victim of enthusiastic Home ministry crackdowns during this pandemic (when better to arrest civil rights activists than a time where social distancing prevents protesting!!!), Devangana Kalita, member of the feminist student organisation Pinjra Tod, was finally granted bail. She, along with fellow Pinjra Tod activist and student Natasha Narwhal, have been holed up in Tihar jail for the past 90 days on the flimsiest of charges. When questioned by the court, the police literally couldn’t produce the evidence that was the basis for the arrest. This is a continuation of the attempts to paint aggression on JNU campus as having been masterminded by left wing student outfits instead of the right wing student outfit ABVP, and erase the enormous trauma and literal physical harm suffered by these students, absolutely perverse and sick 

A friend pointed out the other day that Wikipedia is doing a tremendous job in keeping the timelines straight and piecing together eyewitness accounts, so if you haven’t done so already, please do read about the 2020 Northeast Delhi riots (and the 2020 attack on JNU!!). The BJP member who incited the riots with his hate speech against the anti-CAA protestors and called on BJP supporters to take matters into their own hands recently attended the launch of a conspiracy theory book that tries to show how the riots were, in fact, anti-Hindu. Bloomsbury was forced to drop the book, and its now being published by a Tamil-Nadu based publisher owned by, surprise surprise, another BJP member. The propaganda just doesn't quit 

[docendoodiscimus]

The overlooked stakeholders*

2020 showed us how everything could go wrong, all at once. From a virus bringing the entire world to a standstill, to floods, cyclones, and two superpowers almost ready for a third world war. This year has shaken us all.

Still, however uncertain times may be, the show must go on. The brunt of this disruption disguised as a virus was borne by everyone. From migrant laborers to corporate giants, nobody was spared from having their work and life come to an unsolicited halt. Nevertheless, in the hierarchy of the most to least affected, we tend to overlook the biggest stakeholders-the students.

In the wake of the pandemic, when every function of human life shifted to the digital space, the education system suffered the most. Not only were most colleges ill-equipped with the infrastructure to upload course modules online, but it was also important to take into account several student’s availabilities and exposure to the internet, all of which was conveniently overlooked. In these tough times, our students have become unsung warriors being pushed into a mayhem, involuntarily, and it doesn’t seem like their plight will end anytime soon.

In a general setting, it would be safe to assume that the government would work for the well-being of its public and not against it. However, instead of being sensitive to the problems being faced by students, the centre is abusing its power and making a mockery out of its system. Students at all levels are being harassed. For the final year students, it started with the uncertainty looming over the holding of their end semester exams. The Centre’s insistence, based on new University Grants Commission (UGC) guidelines, that final year examinations in all universities and institutions ‘MIGHT’ take place amidst the COVID pandemic truly portrays the helpless state of affairs our students are dealing with. The month-long tussle between UGC and SC affected students the most as there was no consensus on whether it’ll happen or not. On account of it happening, students were to expose themselves to the virus by traveling to their respective colleges, from the safety of their homes, where they were forced to go back when the colleges had shut down in March, due to the lockdown. At the time of such an emergency, the supreme court is only delaying the hearings, putting students through a lot of mental anxiety and stress. Many states are still under lockdown and railway services are also not available. however, these seem like trivial matters to the centre, which concerns itself only with matters of utmost importance. The supreme court has the time to take up Suo moto cognizance of a contempt case against senior advocate Prashant Bhushan and Twitter India, but not the time to listen to a petition regarding the final year exams, which concerns students from around 818 universities. Its either a statement to let everybody know that the apex body does not care about its students, or, that its priorities only revolve around itself.

This issue, is just the tip of the iceberg. Not only the final year students, but the upcoming first year is also caught up in a similar whirlwind. The batch of 2020, which passed out of school this year has seen more hardships than any other batch. It was this batch which back in 2017 faced the board system, in 10th class,  for the first time after the CCE pattern in CBSE Board was scrapped, and now to act as the cherry on top, they were exposed to this pandemic. The uncertainties for this batch started much before the pandemic though. In February 2020, due to communal violence in North East Delhi, a lot of students of the CBSE board were not even able to attempt their board exams. Not only that but the papers which were expected to be held later were scrapped in May due to the virus. These students, after working hard the entire year, never even got the chance to prove their potential and braved the ramifications of whatever the system had in store for them. The ironic thing is, not being able to write the most important exam in an Indian school student’s life was not even the worst thing to have happened to them. What is considered far worse, is the untimely postponement of competitive exams. It’s like, almost reaching the finishing line but realizing it’s a mirage, and you still have miles to go. Engineering and medical exams which collectively have more than 10 lakh aspirants, have already been postponed twice. Law entrances like CLAT and AILET have been postponed 4 times. If this is not the true test of an aspirant’s dedication and patience, I don’t know what is. The exam schedule has suddenly turned into some sort of “Agni pariksha” that no student consented to, but is still being forced into. there is so much uncertainty in everything, yet students are expected to maintain their demeanour and continue studying like nothing is wrong. These truly are the test of the times. Some institutions and states even went ahead with holding exams amidst the pandemic. The biggest example of why that should not happen is the- Karnataka state SSLC exam. The students were assured that social distancing measures and proper precautions would be taken, but to no avail. Videos of the exam centres went viral and no concept of social distancing was observed. The biggest question which arises after looking at such examples is, that why are students being made to choose between their future and their health? In case a student gets affected due to exposure to other students in the exam hall, he poses the threat of acting as an agent and transmitting the virus to his entire family. In such a risky venture, students giving centre-based exams is not advisable. Nevertheless, we are not learning from our mistakes. As of today, COMEDK is scheduled for August 19. It’s the first of its kind nationwide centre-based exam. Hopefully, good sense shall prevail and maybe this time we’ll get to see proper safety measures in place. If so, is the case, it shall set a precedent for proper conduct of further exams and give a much-sought relief to JEE and NEET aspirants who are set to write their respective exams in the first two weeks of September.

* This article was published on the online blog of Indique Law Journal

[indiaprobe-blog]

Delhi Assembly Elections: A cliffhanger

Predicting poll outcomes by all accounts is a perilous job. Elections are analysed on past trends. Electorates have proven wiser than pundits more often. They aren't prisoners of the past, as they script history elections after elections. Amid the maddening electioneering, data stay firm with serenity, inviting political strategists to steer narratives to help their masters for smart politics. Data for Delhi suggest the air in the city smells of a cliffhanger of the poll outcome.

THE ruling Aam Admi Party (AAP) had weaved a magical spell in 2015. Political rivals of the incumbent chief minister Arvind Kejriwal were left shell-shocked with the final scoreboard. That was 67-3 and a naught for the Congress. The BJP had the worst tally. The saffron outfit still bears the taunt. Climbing from an abyss like situation of the single digit figure five years ago to go past the half way mark of 35 would indeed be an unprecedented somersault. For AAP, it will equally be the groundswell of popular anger to slump from the level of 67 to 30s or less would be quite a fall with thud.

The AAP isn't just another political outfit. The party was born after Anna Hazare made the political air of Delhi pregnant with negativism during 2012-13. Negativism midwifed anarchism. Kejriwal proved an undisputed icon of the politics of anarchism. His foes were left guilt-stricken, as they bent backwards to prove their credentials of honesty and probity in public life. They vowed to innovate and herald an honest and people friendly governance. The tribe of Sheila Dikshit, Harsh Vardhan and Kiran Bedi searched for wood when their boats had already sunk.  

The 2015 scoreboard read: AAP 54.3 per cent vote share and 67 Assembly seats; BJP 32.3 per cent vote share and 3 Assembly seats; and the Congress 9.7 per cent vote share and zero Assembly seats.

But that wasn't the maiden electoral venture of AAP in politics. Kejriwal cut off his umbilical chord with his godfather Anna Hazare to contest the December 2013 Assembly polls. The cadre of the AAP wasn't yet properly built. The party was still sloganeering.

The 2013 scoreboard read: AAP 29.5 per cent vote share and 28 Assembly seats; BJP 33 per cent vote share and 31 Assembly seats; and the Congress 24.6 per cent vote share and eight Assembly seats.

In span of a few months, Kejriwal built the cadre for AAP, with donations pouring from the affluent class within the country and abroad, helping him to maintain an army of well paid functionaries. With the likes of Kumar Vishwas, Prashant Bhushan, Yogendra Yadav leading the most vicious attacks on the mainstream political parties, Kejriwal strode as the alternative politics warrior, swearing to slay the rivals in the electoral battlefield. The Congress fell for the trap, and helped Kejriwal become chief minister. That bloated the persona of Kejriwal further, and soon he didn't need the Congress crutches. He read the politics well, and played the victim card to the hilt.

People flocked to Kejriwal, with 54.3 per cent vote share in 2015. His rivals turned into pygmies. The new political icon was born. But within a few months, drift set in the Kejriwal camp, as all those who bloated him into an extraordinary exponent of alternative politics parted ways after much breast-beating.

TWO years later, the AAP faced the litmus test to repeat the magical spell of 2015. The BJP had been in power in the municipal corporation of Delhi for a decade, completing two full terms. The AAP cadre was mobilised to oust the BJP from the MCD, which, incidentally, has over 90 per cent connect with the people on a daily basis. The BJP was up against significant anti-incumbency. The BJP chief Amit Shah sought shelter in simple strategy; he just told the incumbent Councillors that they should climb the political ladder and focus on contesting the next Assembly elections. The BJP fielded fresh crop of the party workers.

The 2017 municipal elections' scoreboard read: AAP 26 per cent vote share and 49 seats; BJP 37 per cent vote share and 181 seats; and the Congress 21 per cent vote share and 31 seats.    

From 54.3 per cent vote share in 2015, AAP came down to 26 per cent; the BJP after staying firm with 33 per cent (2013) and 32.3 per cent (2015) rose to 37 per cent; and the Congress made a smart recovery from an embarrassing 9.7 per cent (2015) to 21 per cent.

In 2017 again the AAP got another jolt. The outfit had found fertile ground in Punjab, and was seen on course to wrest power from Shiromani Akali Dal (SAD)-BJP combine. The Delhi drift had its own parallel in Punjab for AAP. The Congress' old horse Captain Amarinder Singh strode high to leave AAP huffing and puffing at distant second.            

PEOPLE undeniably have made distinctions between local and national elections. Chhatishgarh, Odisha and Jharkhand have shown that the electorate can with ease make distinct choices in Lok Sabha and Assembly elections. In Odisha, the electorate cast votes simultaneously for Lok Sabha and Assembly polls, and showed preferences for Narendra Modi in New Delhi and Navin Patnaik in Bhubaneshwar.  

Still, the data are significant, for Delhi appears on a certain course. The BJP swept the Lok Sabha elections in Delhi, with the perfect scoreboard of 7-0. The 2019 endorsed the previous scorecard, with scales going higher.

The 2014 scoreboard read: AAP 32.90 per cent vote share and zero seat; BJP 46.40 per cent vote share and seven Lok Sabha seats; and the Congress 15.10 per cent vote share and zero seat.

The BJP had seen a negative swing of about 14 per cent in the 2015 Assembly elections. The AAP correspondingly registered over 21 per cent of positive swing, mostly gaining at the expense of the Congress.  

The 2019 scoreboard read: AAP 18 per cent vote share and zero seat; BJP 56.58 per cent vote share and seven Lok Sabha seats; and the Congress 18 per cent vote share and zero seat.

For BJP, the scores in recent elections are 33 per cent (2013), 46.40 per cent (2014), 32.3 per cent (2015), 37 per cent (2017), 56.58 per cent (2019). In the five recent polls, the BJP hasn't gone down 32.3 per cent even when the party arguably shot in the foot by fielding an ex-cop Kiran Bedi in 2015.

The AAP in contrast has seen wild swing of vote share from 18 per cent (2019) to 54.3 per cent in 2015. The graph is surely not steady. The AAP, in fact, came third in 2019.

The 2015 elections in Delhi was a watershed moment. The BJP saw 14 per cent vote share knocked away in the face of the magical spell of AAP. Delhi was high on romance in 2015. The level of romance was two per cent higher in 2019, with adoration for a different entity.

The BJP's worst case scenario could be another 14 per cent drift, which may leave the saffron outfit still with 42 per cent popular votes. To level, the AAP will need 24 per cent of the positive swing from 2019. And, that would surely be reckoned a daunting task.    

Delhi may throw a tantalizingly cliffhanger election outcome on February 11.

[znewstech]

GM crops | Supreme Court worried over effect on livelihood of women farm labourers

GM crops | Supreme Court worried over effect on livelihood of women farm labourers

Advocate Prashant Bhushan, for activist Aruna Rodrigues, submitted that India has 5,477 varieties of mustard, which would be at risk. File | Photo Credit: Vijay Soneji The Supreme Court on Wednesday expressed concern about the plight of thousands of women agricultural labourers in rural areas, traditionally engaged in de-weeding, who will be part of the human cost if the government permits the…

[breakinglivenewsheadlines]

"Why Haste, Tearing Hurry?" Supreme Court On Election Commission Choices

The Supreme Court today questioned what the "tearing hurry" was for the "super fast" appointment of ex-IAS officer Arun Goel as Election Commissioner, while the government lawyer asked the court to "hold its mouth" and requested that it sees the matter "in entirety". The five-judge Constitution bench — continuing with some stinging remarks on the process for the third consecutive day — today went straight into the files on Arun Goel that it had sought yesterday, despite the government's objection to a "mini trial" within the larger case on how the commissioners are chosen.

The court pointed out: "Minister of Law picks the names from the list of four names shortlisted... The file was put up on November 18; moves the same day. Even PM recommends the name on the same day. We don't want any confrontation, but was this done in any haste? What's the tearing hurry?"

It added, "This vacancy [became] available on May 15. Show us from May to November, what prevailed upon the government to do things super fast?" It noted that the process "started and completed on the same day". "Not even in 24 hours, the process was completed and notified. What kind of evaluation [was done] here... Although, we are not questioning the merits of Arun Goel's credentials but the process."

Attorney General R Venkataramani, for the central government, reacted, "Please hold your mouth for a while. I request to look into the issue in entirety."

But the court further remarked, "We are being blunt. If all these four names are carefully chosen, as yes men — we are concerned with the process of selection," asking about how four names were shortlisted from the officer database of the Department of Personnel.

The bench, headed by Justice KM Joseph, yesterday said it wanted to know if there was any "hanky panky" in the appointment of Arun Goel as he was only recently given voluntary retirement and immediately appointed to the poll body.

Arun Goel took charge only this Monday, November 21, according to the commission's website. An IAS officer of the 1985 batch from the Punjab cadre, he retired as Secretary, Union Ministry of Heavy Industry, after more than 37 years of service. He is now in line to be Chief Election Commissioner after Rajiv Kumar demits office in February 2025.

The appointment was mentioned by activist-lawyer Prashant Bhushan, who underlined that Mr Goel was made part of the three-member Election Commission — besides chief Rajiv Kumar and AC Pandey — just after the larger issue had come up for hearing last week.

The court rejected the objections by Attorney General R Venkataramani, who said it wasn't right to take up individual instances.

"We will not treat it as an adversarial and keep it for our record, but we want to know as you claim that everything is hunky dory," the court said.

Pointedly about independence of such officers, the court yesterday presented a "hypothesis" to the central government: “Do you think the Election Commissioner... if he's asked to take on none less than the Prime Minister — it's just an example — and he doesn't come around to doing it: Will it not be a case of complete breakdown of the system?"

It also cited how “one of the Election Commissioners, in fact, resigned”. The court did not take names, rather arguing its central point that the appointment system requires "a larger body" than just the union cabinet to decide on names. "There is a dire need for change."

The court has flagged how Article 324 of the Constitution — on appointment of election commissioners — does not chalk out a procedure. The Article envisages a law by Parliament to define the process, but that's not been made in the last 72 years.

The government has cited a 1991 law and past conventions of appointment recommended by the PM-led cabinet to the President, who then picks an officer. “Stray instances cannot be the grounds for the court to interfere. To safeguard the position is our endeavour,” the government's lawyer submitted.

"First a list is prepared of all senior bureaucrats. And then the list is sent to the Law Ministry which is then forwarded to the PM," the lawyer explained, and argued, "The existing system is working fine and there is no trigger point for the court to intervene."

The court stressed that it wasn't saying the system is not correct. “There should be a transparent mechanism,” it added.

Source

[citizenrecord]

NEET PG 2022: Supreme Court seeks Centre's response to reservation policy allegedly not followed in exam

The Supreme Court on Tuesday asked the Centre to file its response to a plea which alleged reserved category meritorious candidates, who have qualified for general seats in the National Eligibility cum Entrance Test (NEET PG 2022) examination, were being allotted seats under quota meant for the weaker sections.

A bench of Chief Justice DY Chandrachud and Justices Hima Kohli and JB Pardiwala asked Additional Solicitor General Aishwarya Bhati, appearing for the Centre, to file an affidavit about the exact procedure being followed in the examination. Advocate Prashant Bhushan, appearing for petitioner Pankaj Kumar Mandal and others, said candidates who applied in the reserved category but scored high marks making them eligible for admission in the general category, were still being allotted quota seats in violation of the apex court's verdicts in the past.

Responding to Bhushan's contention, Bhati said, "We are bound by the reservation policy which has been indicated in the NEET-PG examination brochure and this policy is not for only 50 seats but it is roster wise and speciality wise. This is the law which is being followed." Bhushan said a lot of students are affected by the policy adopted in NEET-PG-2022 examination. The counselling process, he said, was underway. The bench then asked Bhati to file an affidavit about the procedure adopted for admission and listed the matter for further hearing on November 21. The plea filed by Mandal and others contended it is a settled position of law that reserved category candidates who get high qualifying marks for unreserved seats should be admitted against the general and not reserved category seats.

Read More : https://news.careers360.com/neet-pg-2022-supreme-court-seeks-centres-response-reservation-policy-allegedly-not-followed-in-exam

[mpuacin]

Be a Part of the Judicial System. Pursue Law from the best private university in Bhopal

Let’s start with a quote by Prashant Bhushan, a senior advocate in the Supreme Court of India. It goes as this,

“Do not look at Law as a means of making money. Look at Law as an instrument for securing justice for people.”

However, if you are someone who likes to serve the people and fights for justice for the people. If you want to be the defender of the interests of the people, maybe pursuing law from the best pirate university in Bhopal is a go-to choice for you.

Good communication skills, Good logical and analytical skills, attention to detail, and confidence are some of the qualities that are in demand in this industry. You can start furnishing these skills and make this work even better.

Law graduates have many opportunities, from working in the courts to working with businesses and government agencies. You can work as a judge or prosecutor, etc.

Now if you want to pursue a career in law at the best private university in Bhopal. We will give you an insight into your journey in this article.

How to become a lawyer in India?

First Step, Choosing any stream after class 10.

No specific field of study is required for a law degree. Students of any discipline can pursue this career. Generally, students who wish to study law after the age of 12 choose to major in the humanities or business. Popular topics for students looking to study law include political science, law, economics, history, and psychology. These subjects provide the basis for subjects taught in law schools. These courses are recommended as they help students understand the legal system of our country.

Second Step, Study Bachelor of Laws (LLB)

The next step to becoming a lawyer is to obtain a law degree (LLB). You can continue your studies after graduating from class 12 or after graduation in any other discipline.

Track 1: Legal Practice after Lesson 12 (5-year LLB Course)

If you decide to pursue a career in law, you must complete a five-year course that includes a five-year LLB to teach core graduate courses and law courses together. The most popular combinations are B.A L.LB (Hons), B.ScLLB (Hons), B.ComLLB (Hons), and BBA LLB (Hons). The advantage of the 5-year course is that it gives you early access to the subject law. This will give you a deeper understanding of the fundamental topics of the law. And it will save a year of study time compared to law after graduation. You can take a look at some of the courses offered by the best private university in Bhopal to study under the best guidance and faculties.

The main entrance exam for the 5-year LLB course.

The best law schools/the best private university in Bhopal accept admission to a five-year program based on entrance exam scores. Each law school has different admission scores. This is the best law entrance exam.

●       Common Law Admission Test (CLAT) - It is a two-hour computer-based standardised test used for admission into the top 18 public law schools in India. Multiple choice questions are included in introductory mathematics, Understanding of English, grammar, comprehension, common sense, current situation, legal skills and logical reasoning.

●       All Indian Law Entrance Tests (AILET) - This test is conducted by the National University of Law (Delhi) for admission into the comprehensive LLB (Hons) LLB program with an English component, General knowledge, Legal reasoning skills and mathematics.

●       Law School Admission Test (LSAT) - A three-and-a-half hour standardised test that measures reading comprehension. Logical Reasoning and Analytical Skills Test results are accepted by Jindal Global Law School, Alliance Law School, SRM University, Rajiv Gandhi Institute of Intellectual Property Law (IIT Kharagpur), etc.

●       Symbiosis Admission Test (SET) - Symbiosis International University organises this test for admission to undergraduate law programmes. It includes logical thinking, Legal reasoning, Analytical thinking, reading comprehension and common sense.

Track 2: Law after graduation (3 years LLB)

Sometimes students graduate from a different field but then realise that they want to pursue a career in law. In this case, the three-year Bachelor of Laws (LLB) program allows you to earn a law degree upon graduation. The only difference between a three-year LLB program and a five-year LLB program is that the former only takes core legal subjects. While the latter also teaches foundation courses at the graduate level and core law courses.

The main entrance exam for the 3-year LLB.

For admission to the three-year LLB programme at the best private university in Bhopal, the following entrance examinations are required.

●       DU L.L.B- This exam is conducted by the University of Delhi College of Law. It includes factors such as English language and comprehension. Current affairs, common sense, quantitative ability, analytical and logical thinking, knowledge and legal competence.

●       LSAT - This test is accepted for admission to the three-year LLB program at Jindal Global Law School, Jindal Global University, Sonepat. Includes analytical thinking. Logical reasoning and reading comprehension (note - law schools accept this test both as a 5-year and 3-year course).

●       MH CET - Admission Procedure for Maharashtra Law Schools Including Famous Public Law Schools, It is a test of students' legal skills. General knowledge and current issues of logical reasoning and analysis in English.

●       BHU L.L.B - Run by Banaras Hindu University for admission to a three-year LL.B program, it covers topics such as English Language Comprehension. General perception and objectivity. Mental abilities, skills and general knowledge of the law.

Hope this article helps you to have a comprehensive understanding of how you can begin your career as a Law student. Be it to take admission to the best private university in Bhopal, or some other law schools in India. You have to understand your potential and choose wisely.

Also Read: Best Private College in Bhopal

[legalupanishad]

Contempt of Court: All You Need to Know in 2022

This article on 'Contempt of Court: All You Need to Know' was published by Legal Upanishad.

Introduction

In this article, we will take a look at the concept of contempt of court. We will understand the meaning of the term and its different types. We will also understand various defences that can be used against the guilty verdict of contempt of court, both for civil contempt and criminal contempt. Finally, we will also take a look at famous case laws regarding contempt of court. 

What is Contempt of Court?

Contempt of Court means a violation or being disobedient to the court or to an order of the judge by an individual or it can also be considered as an act of disrupting the legal proceedings of the court. Article 129 of the Constitution of India says that the Supreme Court would be a "court of record" and it will also possess the power to punish for contempt. Article 215 of the Constitution says that every High Court of the country would be seen as a "court of record" and also would have the power to punish for contempt. The Constitution also includes contempt of court as a reasonable restriction under Article 19 (2) to the freedom of speech and expression under Article 19. 

Contempt of Court Act,1971

The Act does not properly define the exact meaning of contempt of court except for stating that it is civil contempt or criminal contempt which is given under section 2(a) of the Act. Civil Contempt which is provided under section 2(b) of the Act occurs when an individual willfully disobeys any order, judgment or decree passed by the court. Defences of civil contempt: - Lack of knowledge on the respondent side about the order of the court. - The order passed by the court wasn't under its jurisdiction. - There was no willful disobedience of the court’s order. - The order passed was vague and ambiguous in nature. - The order passed has more than one meaning. Criminal Contempt is provided under section 2(c) of the Act which means any written or spoken publication or doing any act that scandalises, obstructs or interferes with any judicial proceedings or administration of justice.  Defences of criminal contempt: - If the publication made was private in nature. - If the person who made the publication had no clue about the pendency of the case or suit. - If the publication was fair and had accurate reporting. - If the publication defames any judge in a private setting. Section 12(1) of the Act talks about punishment for contempt of court. It states that if any person is found to be guilty of an offence then such person would be published with simple imprisonment that may extend up to 6 months or levy a fine that may extend up to rs. 2000/- or both.

Contempt of Court

Landmark Case Laws on Contempt of Court

- In Re Prashant Bhushan and another In this case, the Supreme Court of India initiated a suo motu petition against a public interest lawyer, Mr Prashant Bhushan for posting two tweets on Twitter about the Supreme Court and the Chief Justice of India which the court deemed was malicious in nature and would undermine and destroy the faith of people in the judicial system. The Supreme Court held that the tweets had an "effect of destabilising the very foundation of this important pillar of Indian democracy". Hence the Court held Mr Prashant Bhushan guilty of contempt of court and imposed a fine of rs. 1/- as the punishment. - In Re Vinay Chandra Mishra In this case, the Supreme Court suspended the licence of a senior advocate, Mr Vinay Chandra Mishra to practice in the court on grounds of contempt of court. This decision was challenged in the case of the Supreme Court Bar Association vs Union of India which was then overruled. It was later held that the court does not have the authority to debar an advocate by suspending their license when found guilty of contempt of court. Such authority only lies with that particular State Bar Council or the Bar Council of India, under the Advocates Act, 1961. - Abhyudaya Mishra v. Kunal Kamra In this case, a famous stand-up comedian Kunal Kamra has been said to have scandalised the court by posting certain publications on the social media platform- Twitter. The tweets were allegedly criticising the Supreme Court for fast-tracking the bail plea of Arnab Goswami for abetting a suicide. Hence the instigation of the contempt complaint. In response, the comedian said that he did not post those tweets to diminish the authority of the court or to diminish the faith of the people in the court and that his tweets do not have the ability to shake the very foundation of the "most powerful court in the world". He continued by stating that in a democratic country no public institution of power should be above criticism.  The Attorney General of India expressed that attacking the Supreme Court of India without any merit in the claims will attract punishment which is prescribed under the Contempt of Courts Act, 1971.

Conclusion

Contempt of Court essentially means lowering the reputation or defaming the court and its presiding officers and also interfering in the judicial proceedings. The main reason why individuals are held guilty of contempt of court is to uphold the integrity, respect and faith of the people in the country's judicial system. This prompts every person to be respectful to the judiciary. Many are of the belief that this has the potential to curb the freedom of speech and expression which is provided under Article 19 (1) of the Constitution but this could not be far from the truth. Every citizen of India is allowed to have and voice their opinion about the judicial system but that has to be done in a manner that is respectful to the court. 

References

-  Contempt of Court. Insights IAS. February 2, 2022. Retrieved from:- https://www.insightsonindia.com/2022/02/02/contempt-of-court-7/#:~:text=Article129and215of,contemptsofitssubordinatecourts.  - The Contempt of Courts Act, 1971. India Code. Retrieved from:- https://www.indiacode.nic.in/handle/123456789/1514?sam_handle=123456789/1362#:~:text=IndiaCodeContemptofCourtsAct1971&text=LongTitle,theirprocedureinrelationthereto.&text=ContemptofcourtruleshighCourtmadras1975.  - In Re Prashant Bhushan, Twitter Communications India Pvt. Ltd. Global Freedom of Expression, Columbia University. Retrieved from:- https://globalfreedomofexpression.columbia.edu/cases/in-re-prashant-bhushan-twitter-communications-india-pvt-ltd/  - Supreme Court on Contempt by Advocates. LegalServiceIndia. Retrieved from:- https://www.legalserviceindia.com/articles/sc_t.htm  - Supreme Court To Consider Contempt Cases Against Comedian Kunal Kamra after 4 Weeks. Law Insider India. Retrieved from:- https://www.google.com/amp/s/www.lawinsider.in/trending/supreme-court-to-consider-contempt-cases-against-comedian-kunal-kamra-after-4-weeksamp  Read the full article

[ledxlaw]

How to Become a Lawyer after 12th?

Senior Advocate of the Supreme court of India, Mr Prashant Bhushan once said, “Do not look at Law as a means of making money. Look at Law as an instrument for securing justice to people''. This is not just a sentence but it contains a sense of responsibility that comes with a career in the legal field. If one wants to make a career in the Legal field, the minimum qualification for an aspirant to choose to study law is either 12th or Inter or Diploma, as there are no subjects related to law after 10th. In today’s blog, we will be discussing how to make a career in Legal Field after the 12th. The Law sector is quite a vast field of study and covers almost every aspect of one’s daily life, so starting the preparation for attending top law schools in India must require proper planning and guidance. To help students who have just completed their higher education, there are several online law certification courses in India that provide career guidance to them.

Law After 12th:

Law is one of the prestigious subjects that attract a number of students. In India, the law can be pursued by graduation in any field, then one can opt for 3 year LLB course. Another way of making a career in Law for aspirants is after the 12th, they can enrol in the integrated course such as BA+LLB( Bachelors of Arts and Bachelors Legislative of Law), BBA+LLB( Bachelors of Business Administration and Bachelors Legislative of Law), B.Com+LLB(Bachelors of Commerce and Bachelors Legislative of Law), there are several integrated Honours courses also such as; BA+LLB (Hons), B.Com+LLB(Hons), and BBA+LLB(Hons.), this provides the students with the opportunity to choose a specialisation in Law.

Entrance Exams for Law:

Education in Law is being provided by every university in India, but the top ones have set some criteria for students to get admission to top law schools. These criteria mainly include different types of Law Entrance Exams for different Law schools. Below are some of the common tests name and details mentioned for getting admission to top law schools after the 12th;

Common-Law Admission Test (CLAT):

CLAT is an all-India Entrance Examination which is conducted by the Consortiums of National Law Universities(NLUs) for the admission of their graduates and postgraduate degree programmes(i.e, LLB and LLM). It was first conducted in 2008, by the National law school of India. This is a computer-based, two hours long examination for admission to 23 National Law Universities. There are 5 subjects on which this exam is based, i.e, English including Comprehension, Current affairs and General Knowledge, Legal Reasoning, Logical Reasoning, and Quantitative Aptitude (Elementary Mathematics). Many legal learning platforms are offering free online law certification courses for helping students in their CLAT preparation.

All India Law Entrance Test (AILET):

The National Law University of Delhi conducts an entrance examination known as the All India Law Entrance Test. This is different from CLAT, which is for all NLUs, AILET is specifically designed by NLU Delhi for providing admission to its integrated degree programs such as BA. L.L.B. (Hons). This entrance exam includes subjects such as the English Language, Logical Reasoning, and Current Affairs & GK.

Symbiosis Entrance Test (SET):

SET is a University level entrance exam, the Symbiosis International University is responsible for SET, BA.L.L.B and BBA. L.L.B is offered by University institutes, which include Symbiosis Law school of Pune, Noida, and Hyderabad. This entrance exam’s syllabus is based on General English, Quantitative Aptitude, General Awareness and Logical Reasoning. 

Law School Admission Test (LSAT):

This is an entrance exam for 12th pass students, it is a standardised assessment designed by the Law School Admission Council(LSAC). This exam is based on advanced reading skills, critical thinking, and informal and deductive reasoning skills. This is the first entrance exam which provides an opportunity to both Indian and USA students to apply for it, basically, it is organised on a global level. The LSAC is USA based council, which conducts this entrance test for undergraduate and Postgraduate prospective students.

All India Bar Examination (AIBE):

This entrance exam plays an important role for every legal professional in India, the AIBE is organised by the Bar Council of India. Before appearing in AIBE, one has to enrol themselves in State Bar Council, after which they can appear in th AIBE and the candidate who qualifies for this entrance exam gets the “Certificate of Practise”. With this certificate, comes the licence to practice law. The main objective of this entrance exam is to carefully examine an advocate’s capabilities to practice the profession of Law in India. This examination has helped to set a minimum standard benchmark for all legal professionals. 

Top Law institutes in India:

Here is the list of top law schools in India for pursuing a 5 year-long degree program such;

National Law School of India, of Bangalore 

National Law University, Delhi

NALSAR University of Law, Hyderabad

Indian Institute of Technology, (IIT) Kharagpur

Gujrat National Law University, Gandhinagar

National Law University, Jodhpur

Symbiosis Law School, Pune

Conclusion:

At last, getting into a reputed law school is a dream for every individual who aims to make a career in the legal field. That’s why many online legal certifications courses are offering a proper guide to every learner which helps them to enter the top universities. Here is the recap of the Blog, a guide get admission to Law school after the 12th;

Complete your Higher Education( 12th )

Appear in an Entrance Exam

Choose a Law school of your choice

Enrol in State Bar Council and Sit in AIBE

Gain experience and advance your career in the legal profession

Other than this there are several specializations in the field of Law, such as Civil Law, Criminal Law, IP Law, and many others. So knowledge in the legal field is never enough. To all those students who are going to make their career in this enormous yet glorious field, ALL THE BEST.

[truevoice]

India-Secularism threat from political masters, white collar Naxals-Terrorists, Mullahs, Foreign-funded NGO’s

India is a secular country, and its Secularism existed since the commencement of “India.” There is no better country on this planet to equate with India Secularism. By definition “Secularism in India means equal treatment of all religions by the state.” India is the only country on this planet earth where one can find survival and free practice of every religion. Nearly 22 national languages and 1,652 mother languages (local languages) spoken in India. Is it not captivating and a unique mannerism of this great nation “India”? Indeed, we are a great nation, and Secularism is entrenched all over India which does not require any proof or justification.

From ancient days to the modern world nothing has changed for ordinary people. However, In the 21st century our political masters, white collar Naxals-Terrorists, Mullahs, Foreign-funded NGO’s and many other individuals and organizations are trying to twist and alter the entire discourse of real Secularism. Well! These forces are trying their best to find the means of their existence and trying to stay relevant.

India is witnessing a new dimension in the Secularism phenomena, i.e., failing to pay attention to a particular religion means there is a threat to Secularism. I ask the question – why someone will ignore Hindus? Why political masters across parties giving no importance to the majority, i.e., Hindu’s? Why are political masters acknowledging, showcasing and celebrating Ed – Iftaar party, Muharram, importance to skullcap and green color? Why degrading saffron color or not recognizing majority populations festivals and rituals? Narratives built green vs. saffron, Narratives built Durga puja vs. Muharram, and yes Narratives are constructed Hindus vs. Muslims. How come one religion can be secular vs. others. It is sad, but narratives are built by shameless politicians, white collar Naxals-Terrorists, Mullahs, Foreign-funded NGO’s that Hindus are not secular or less secular vs. rest of minorities.

It has become routine that our chief minister’s, Prime Minister, President, and many political party leaders organize Iftar party on tax payer’s money but no celebrations for majorities. I am not against religion, but I have a firm view that if there is appeasement of only one religion, then Hindu should stop paying taxes. I believe in “Appeasement for None and Development for all.” Religion is a personal matter of belief, and it cannot be exploited to define India’s Secularism. Government ideal duty is to refrain from the religious issue and must not use tax payer’s money to appease one religion vs. others. The government is for all, not of any particular faith, so it is not appropriate to pay more attention to one specific religion.

It all started since India independence and even before by Nehru, Jinnah and many more. We have congress leaders like Digvijay Singh who praises terrorist Hafiz because he is Muslim and Congress party supports him. Sonia Gandhi cries for Batala House encounter for Muslim appeasement. Owaisi is another Muslim leader who speaks venom against Hindus. Congress party stands with Ishrat Jahan who was a terrorist. In Bihar Laloo Yadav, a convicted politician plays M-Y (Muslim and Yadav) card to appease Muslims. In Utter Pradesh, Samajwadi Party leader Mulayam Singh Yadav gives a public statement that he feels proud in killing Hindus who were doing Kar Seva. West Bengal Chief Minister banned Durga puja rituals and allowed Muharram to appease Muslims. This list is endless but to name few are like Lawyers like Kapil Sibal and Prashant Bhushan, a judge like Katraju, Maulana like Bukhari, Politicians like Laloo, Kejri, Owaisi and Azam Khan, Students like Khalid, Omar, and Kanhaiya. Professors like Nivedita Menon, NGO’s like Teesta Setalvad and many more, the list is endless.

In Godhra sad incident, hundreds of Hindu and Muslim both killed, but entire political class and foreign-funded NGO’s stood for Muslims because that makes them secular. Across the country, foreign-funded NGO’s are running shops of forceful conversion. If we speak against conversion, then someone like Jhon Dayal runs to America to lodge his complaint. We have seen forceful religion conversion in Kerela and many parts of the country. We have leaders like Mamta, Laloo, Mulayam and Rahul Gandhi who are showing solidity for illegal Rohingyas Muslims because of this suite their narrative of secularism. Lacks of Hindus were butchered and thrown out of Kashmir, but no one stands for them because it does not fit in the political description of secularisms.

Enough is enough and we the people of India must not tolerate idiotic theory and narrative of secularism. We live in a Hindu majority nation, and absolutely no one can dare to teach us dirty tricks of secularism. The fact is that our country filled with white color criminals and that is the biggest threat to our secularism. We the people of India need to wake up against white collar Naxals-criminals-terrorists and must break selective secularisms propagated by many.

I believe in India secularism, i.e., absolutely development for all and appeasement for none.