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Showing posts with the label Legal

Is it time to amend Anti-Defection Laws ?

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 ~Preet. Recently, the Vice-President stated that the time has come to modify the country's anti-defection legislation to close current loopholes. Individual Members of Parliament (MPs)/MLAs are punished under the anti-defection statute for defecting from one party to another. In 1985, Parliament inserted it to the Constitution as the Tenth Schedule. Its goal was to keep governments stable by deterring MPs from switching parties. The Tenth Schedule, often known as the Anti-Defection Act, was included into the Constitution by the 52nd Amendment Act of 1985. It establishes the procedures for disqualifying elected members for defecting to another political party. It was a reaction to the overthrow of various state administrations by party-hopping MLAs following the 1967 federal elections. It enables a group of MPs/MLAs to join (i.e., combine with) another political party without incurring the defection penalty. Furthermore, political parties are not penalised for soliciting or tolerat

Adopting a child in India: The Challenges.

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 ~Preet Recently, the Supreme Court decided to consider a petition seeking to streamline the legal procedure for child adoption in India. Adoption (First Amendment) Regulations, 2021 were issued in 2021, allowing Indian diplomatic missions abroad to be in responsibility of protecting adopted children when parents go overseas with the kid within two years of adoption.  There is a significant gap between adoptable children and prospective parents, which may lengthen the adoption process. According to data, while over 29,000 potential parents are eager to adopt, there are only 2,317 children available for adoption. The Central Adoption Resource Authority (CARA) had an extraordinary increase in adoptive parents returning children after adoption between 2017 and 2019. The Ministry of Women and Child Development established the Central Adoption Resource Authority (CARA) as a legislative organisation. It serves as the main organisation for Indian child adoption and is responsible for monitori

Bail in UAPA: All about it.

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~Preet. A Delhi court has granted bail to a former Congress (Political Party) councillor in a charge brought under the Unlawful Activities (Prevention) Act 1967 (UAPA) in connection with the 2020 anti-Citizenship (Amendment) Act, 2019, (CAA) rallies.  The CAA grants citizenship to six undocumented non-Muslim communities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) who entered India on or before December 31, 2014, from Pakistan, Afghanistan, and Bangladesh. It exempts members of the six communities from prosecution under the Foreigners Act of 1946 and the Passport Act of 1920. The two Acts outline the penalties for illegally entering the country and staying on expired visas and permits. The court granted release to the accused notwithstanding the prosecution's argument that there were limits inherent in Section 43D(5) of the UAPA, a clause that makes bail almost hard to award since it allows little opportunity for judicial reasoning. The defence contended that Section 4