Legal News 23 July 2015
Supreme Court warns Not to Insist on Adhaar Card
The Supreme Court on Monday confirmed that the Aadhar card is not compulsory, and further, officials who insist on them will be taken to task.
clarified that demands made by officials for Aadhaar card is in clear violation of the Supreme Court’s interim order of September 23, 2013.
“Aadhaar is being insisted upon by various authorities. We do not want to go into specific instances. We expect the Union of India and all the States to adhere to the order dated September 23, 2013. We will take the officers concerned to task if any order comes on record making it (Aadhaar) mandatory,” Justice Chelameswar observed.
“It is a matter of great public importance. The issue has serious implication in terms of Constitution. Notwithstanding the court’s order, there is insistence for Aadhaar. There is complete apathy on the part of officials,” senior advocate Gopal Subramanium, representing one of the petitioners and Bangalore-resident, Mathew Thomas, submitted.
Supreme Court: Repeated Mercy Pleas Frustrate Legal Principle
Repeated mercy pleas before the President and the Governor by convicts seeking remission or commutation of their sentences violate the principle of finality, the Centre today told the Supreme Court.
A five-judge Constitution bench headed by Chief Justice H L Dattu, hearing Centre’s plea opposing Tamil Nadu’s decision to remit the life sentences and set free seven convicts in the Rajiv Gandhi assassination case, also posed various queries on powers of Union and the state in granting remission.
“Repeated filing of mercy pleas frustrate the principle of finality”.
The Solicitor General, said the Governor can decide the mercy plea of death row convicts even it had been by the President provided there is a “change in circumstances”.
He, however, added that the convict cannot be granted remission under the CrPC after constitutional authorities like the President and the Governor have rejected the mercy plea.
The Solicitor General also said the states cannot decide the mercy pleas of persons convicted under central laws like Foreigners Act and the Passport Act in cases probed and prosecuted by a central agency like the CBI.
Maharashtra may bring law to regulate private coaching classes
Maharashtra government is planning to enact a law to regulate private coaching classes in the state, Education Minister Vinod Tawde told the Legislative Assembly today. Tawde said Law and Judiciary department has given its green signal for enactment of such a law and the government will take opinion from Advocate General too in order to make the legislation full proof. Leader of Opposition Radhakrishna Vikhe Patil said the business of coaching classes has become very profitable given the fact about full page advertisements in newspapers regularly. Prithviraj Chavan ( Congress) said coaching classes should be debarred from publicising their profession like lawyers and doctors.
Labour law recast to add more leave to maternity, gratuity to be made portable
The Narendra Modi-led NDA government is looking to enhance maternity leave for working women from three months to six months, virtually double bonus payments to employees and make gratuity portable between jobs. These proposed changes in employment laws could buttress the Modi government’s credentials with the working class while it attempts to push through more ambitious reforms in labour rules that are blamed for hampering investment and job creation in the country.
“The changes in the Payment of Bonus Act would raise the salary limit for getting a bonus from Rs 10,000 per month to Rs 19,000, and are at an advanced stage with a draft Cabinet note being moved earlier this month for comments from ministries,” said a senior labour ministry official. Separately, the government is initiating stakeholder consultations to amend the Maternity Benefits Act of 1961 and the Payment of Gratuity Act of 1972, the official added.
Madhya Pradesh assembly passes labour law amendments
The Madhya Pradesh Assembly on Wednesday passed a single Bill to amend eight major labour laws; seven other laws would be changed through compounding provisions, etc. With this, Madhya Pradesh became the third state in a year, after Rajasthan and Gujarat, to pass its own labour law amendments in Assembly. After the amendments, those companies in Madhya Pradesh that employ up to 300 people will be allowed to retrench workers or shut shop without government approval (the current provision is for those employing up to 100 to do so). Employers will have to give a higher compensation package — workers will get a three-month notice and at least three months’ salary in the event of retrenchment. At present, either of two is provided; and employees are paid 15 days of wages for every year worked. Also, in case of a dispute, a worker will have to approach the conciliation officer within three years of getting retrenched.