Monday, December 28, 2020

Constitutional Bench Judgements of 2020 (INDIA)

 1. Protection under anticipatory bail should not be fixed for limited period

Case: Sushila Aggarwal v. State of NCT of Delhi [2020 5 SCC 1]

2. Consumer Forum has no jurisdiction to extend time beyond 45 days for opposite party’s version

Case: New India Assurance v. Hilli Multipurpose Cold Storage Pvt. Ltd. [2020 SCC OnLine SC 287]

3. Land acquisition under Land Acquisition Act of 1894 will not lapse if compensation is tendered in the State treasury

Case: Indore Development Authority v. Manoharlal & Ors. [2020 SCC OnLine SC 316]

4. Accused under NDPS Act not entitled to acquittal merely because informant was investigation officer

Case: Mukesh Singh v. State (Narcotic Branch of Delhi) [2020 SCC OnLine SC 700]

5. States, not MCI, have power to make reservation for in-service PG candidates in NEET courses

Case: Tamil Nadu Medical Officers Association & Ors. v. Union of India & Ors. [2020 SCC OnLine SC 699]

6. SARFAESI Act will apply to co-operative Banks as it does to commercial banks

Case: Pandurang Ganpati v. Vishwasrao Patil Murgud Sahakari Bank Ltd [2020 SCC OnLine SC 431]

7. Government order providing 100% reservation for tribal teachers in Scheduled Areas unconstitutional

Case: Chebrolu Leela Prasad Rao & Ors. v.State of AP & Ors. [2020 SCC OnLine SC 383]

8. Sub-classification of Scheduled Castes: 5-judge Bench refers EV Chinnaiah to larger bench on whether Scheduled Castes form a homogenous class

Case: State of Punjab & Ors. v. Davinder Singh & Ors. [2020 SCC OnLine SC 677]

9. Curative petition and stay on execution of 2012 Delhi gang rape convict dismissed

Case: Pawan Kumar Gupta v. State of NCT of Delhi [2020 SCC OnLine SC 264]

10. Rights conferred on religious and linguistic minorities to administer educational institutions of their choice under Article 30 are not absolute, State can impose reasonable restrictions

Case: Christian Medical College Vellore Association v. Union of India & Ors. [2020 SCC OnLine SC 423]

11. Constitutional validity of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 upheld

Case: Prithvi Raj Chauhan v. Union of India & Ors. [2020 4 SCC 727]

12. Under Article 233, judicial officers can’t be appointed as District Judges through direct quota reserved for advocates

Case: Dheeraj Mor v. Hon’ble High Court of Delhi [2020 SCC OnLine 213]

13. Daughters become equal coparceners at birth even if born prior to 2005 amendment to Hindu Succession Act

Case: Vineeta Sharma v. Rakesh Sharma & Ors. [2020 SCC OnLine SC 641]

14. Prashant Bhushan held guilty for contempt of court for tweets against CJI SA Bobde

Case: In re Prashant Bhushan & Anr [2020 SCC OnLine SC 698]


Monday, December 21, 2020

FARM BILL 2020

In 2017, the central government had released model farming acts. The Standing Committee on Agriculture (2018-19), however, noted that a number of reforms suggested in the model acts had not been implemented by the states. In particular, the Committee found that the laws that regulated Indian agricultural markets (such as those related to Agricultural Produce Market Committees or APMCs) were not being implemented fairly and honestly or serving their purpose. Centralisation was thought to be reducing competition and (accordingly) participation, with undue commissions, market fees, and monopoly of associations damaging the agricultural sector.

There are three Acts introduced under Farm Bill 2020

The three acts include:

  1. Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
    • expands the scope of trade areas of farmers' produce from select areas to "any place of production, collection, aggregation".
    • allows electronic trading and e-commerce of scheduled farmers' produce.
    • prohibits state governments from levying any market fee, cess or levy on farmers, traders, and electronic trading platforms for trade of farmers' produce conducted in an 'outside trade area'.
  2. Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020
    • provides a legal framework for farmers to enter into pre-arranged contracts with buyers including mention of pricing.
    • defines a dispute resolution mechanism.
  3. Essential Commodities (Amendment) Act, 2020
    • removes foodstuff such as cereals, pulses, potato, onions, edible oilseeds and oils, from the list of essential commodities, removing stockholding limits on such items except under "extraordinary circumstances"
    • requires that imposition of any stock limit on agricultural produce be based on price rise