Chatter #6: Essential Legal Bytes (Budget, Body-Building, Courts' Time, Reservations, Bail release)

This week's chatter discusses Budget outlay for eCourts, case about Body-Building, how Courts' Time is wasted, Reservations in Judiciary, Rules for release of prisoners on Bail #DrishtikoneNewsletter

Chatter #6: Essential Legal Bytes (Budget, Body-Building, Courts' Time, Reservations, Bail release)
Photo by Austin Distel / Unsplash
buddhist temple
Photo by Linhao Zhang / Unsplash
“Everyone, real or invented, deserves the open destiny of life.” ― Grace Paley

1. Budget and eCourts

Now phase-III of the eCourts Project will be launched with an outlay of Rs 7,000 crore.  It is for efficient administration of justice.  

Budget 2023: Phase III of eCourts Project to be launched
Budget 2023: The phase three of the eCourts Project envisions a judicial system that is more accessible, efficient and equitable for every individual who seeks justice, or is part of the delivery of justice, in India, according to details available on the website of the Department of Justice in the…

The Indian Law minister, Kiren Rijiju shared a long thread where he discussed about eSewa kendras, Online Dispute resolution, use of Artificial intelligence and Machine learning initiatives.  

Useful read.

2. Body Building is Secular

The Bombay High Court recently allowed a member of the Uddhav Thackeray faction of Shiv Sena to organize a bodybuilding competition, stating that such an activity does not violate the Model Code of Conduct (MCC) imposed by the Election Commission.  Why?

A division bench of Justices Sunil Shukre and MW Chandwani said that body building is a 'secular' activity and by no stretch of imagination can it aggravate differences between two political parties.

Well, that's good to know.

Not sure why these kinds of cases are even admitted to waste the Court's time?

Body building competition is secular activity, does not breach Model Code of Conduct: Bombay High Court
A bench led by Justice Sunil Shukre permitted the Shiv Sena (Uddhav Thackeray faction) to organise a body building competition in Kalyan-Dombivali city neighbouring Mumbai.

3. Wasting Court's time

And, this is precisely the question that the Law minister asked of the BBC Documentary case that was challenging the Center's decision to ban BBC's documentary.  There are far more imperatives that the 'pie in the moon' freedoms that some tout about when it comes to peace and national security.  That is why such decisions should remain with the executive.

4. Reservations for Judges?

While replying to some questions on the reservations of the judges, Law minister Kiren Rijiju said that judges are appointed under the Constitution so no reservation is applicable.  However, the government requests the Chief Justices while sending proposals for the judges' appointment that they should have enough consideration.

Law and Justice Minister Kiren Rijiju on Thursday while responding to queries in parliament stated that the appointment of judges of the Supreme Court and High Court is made under Articles 124, 217 and 224 of the Constitution of India which do not provide for reservation for any caste or class of persons.  The Government has, however, been requesting the Chief Justices of the High Courts that while sending proposals for the appointment of judges, due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women to ensure social diversity in appointment of judges in the High Courts, said Rijiju.
SC, HC judges appointed under Constitution, not reservation: Kiren Rijiju
Law and Justice Minister Kiren Rijiju on Thursday while responding to queries in parliament stated that the appointment of judges of the Supreme Court and High Court is made under Articles 124, 217 and 224 of the Constitution of India which do not provide for reservation for any caste or class of pe…

5. Rules for Prisoners released on Bail

The Supreme Court has released rules about people in jail awaiting trial who stay in custody even though they have been given bail but can't meet the bail's terms or for some other reason.  Release of prisoners even after the bail is an issue.  Many poor people take forever to be released because of the paperwork. 

BREAKING| Supreme Court Issues Directions For Timely Release Of Prisoners After Getting Bail [Read 7 Directions]
The Supreme Court has issued the following guidelines on the issue of undertrial prisoners who co

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