JERUSALEM,July 24,2023:Israel’s parliament on Monday ratified the first bill of a judicial overhaul sought by Prime Minister Benjamin Netanyahu, after last-gasp compromise efforts collapsed and failed to ease a constitutional crisis convulsing the country for months.
The amendment to a law enabling the Supreme Court to void some government decisions if it deemed them “unreasonable” passed by a 64-to-0 vote after opposition lawmakers abandoned the session in protest, some of them shouting: “For shame!”
More deadlock loomed, however. Within minutes of the vote, a political watchdog group and the centrist opposition leader said they would appeal against the law at the Supreme Court.
Hoping to encourage a stopgap deal between the religious-nationalist coalition government and opposition parties, the Histadrut labour union threatened to declare a general strike if what it called “unilateral” measures were pursued.
Still, Justice Minister Yariv Levin, an architect of the reforms package cast by Netanyahu as needed to create more balance among branches of government, sounded undeterred.
“We took the first step in the historic, important process of fixing the justice system and restoring powers that were taken from the government and the Knesset (parliament),” he said in a speech.
Critics worry that the reforms aim to curb judicial independence.
New Delhi, July 5,2023: Union Cabinet has approved the draft of Digital Personal Data Protection (DPDP) Bill 2023.
According to official sources, the bill is likely to be tabled during the upcoming monsoon session of Parliament.
The Centre introduced the Personal Data Protection Bill 2019 in Parliament in December 2019. The Bill was sent for consideration to the Joint Committee of Parliament. The Joint Committee, after consultations, submitted a report to the Speaker. In view of the feedback by stakeholders and various agencies, the Bill was withdrawn in August 2022.
On November 18, 2022, the government published a new draft Bill, titled the Digital Personal Data Protection Bill 2022, and initiated a public consultation on this draft. A comprehensive and detailed consultation was held on this subject.
21,666 comments were received from the public and a series of consultations were held with 46 sector organisations, associations and industry bodies. Comments were also received from 38 ministries/ departments of the Government of India.
The reintroduced draft Digital Personal Data Protection Bill 2022 proposed six types of penalties on non-companies to companies. To prevent a personal data breach, a penalty of up to Rs 250 core is being proposed in the draft bill which was put out for public comments.
Besides, failure to notify the Board and affected Data Principals in the event of a personal data breach and non-fulfilment of additional obligations in relation to Children may attract a penalty of up to Rs 200 crore.
Non-fulfilment of additional obligations of Significant Data Fiduciary under sections 11 and 16 of the Act may attract Rs 150 crore and Rs 10 crore fines, respectively.
Lastly, non-compliance with provisions of this Act other than those listed in (1) to (5) and any rule made thereunder will attract penalties up to Rs 50 crore.
Points that emerged in the course of consultations and comments were thoroughly studied and the draft Digital Personal Data Protection Bill 2023 was finalised.
The purpose of this Act, the draft said, is to provide for the processing of digital personal data in a manner that recognizes both the right of individuals to protect their personal data and the need to process personal data for lawful purposes.
During the drafting of the Personal Data Protection Bill in 2019, the government said that the entire gamut of principles was widely debated and discussed. These include the rights of individuals, duties of entities processing personal data and regulatory framework, among others.
The first principle of the proposed Bill is that usage of personal data by organisations must be done in a manner that is lawful, fair to the individuals concerned and transparent.
The second principle of purpose limitation is that the personal data is used for the purposes for which it was collected. The third principle of data minimisation is that only those items of personal data required for attaining a specific purpose must be collected.
Among others, personal data should be limited to such duration as is necessary for the stated purpose for which personal data was collected and reasonable safeguards to ensure that there is no unauthorised collection or processing of personal data are some features.
New Delhi, June 4,2023: A Parliament panel head on Monday pushed for keeping tribals from the Northeast and other regions of the country out of the ambit of the Uniform Civil Code (UCC).
“The tribal community from the northeast region and other regions of India should be kept out of UCC,” said Sushil Modi, who heads the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice.
Modi, a BJP Rajya Sabha MP, noted that all laws have exceptions.The panel during the day held a meeting on the UCC here.
Around seventeen members were present in the meeting.
Countering Modi’s argument, the opposition parties questioned how there could be uniformity if the tribals are exempted from UCC.
Modi said tribals get protection under the sixth schedule of the constitution, according to sources.
The UCC proposes to formulate and implement personal laws which apply to all citizens equally regardless of their religion, sex, gender and sexual orientation.
The opposition leaders also raised concerns over possible erosion of power of the states from the concurrent list.
Besides this, the opposition leaders questioned why the issue is being brought up ahead of the 2024 Lok Sabha elections.
On the 14th of last month, the Law Commission of India solicited the views and ideas of the public and recognised religious organisations to examine the UCC.
The Law Commission said so far, 19 lakh suggestions have been received on the consultation started by it following a public notice brought out on June 13. The exercise will continue till July 13.
The UCC comes under Article 44 of the Indian Constitution, which lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
The objective of Article 44 of the Directive Principles in the Constitution is to address the discrimination against vulnerable groups and harmonise diverse cultural groups across the country.
The Code calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. Currently, the personal laws of various communities are governed by their religious scriptures.
BEIRUT,Jan 25,2023: The judge probing the 2020 Beirut blast has charged Lebanon’s top public prosecutor, the then-premier and other senior current and former officials in connection with the devastating explosion, judicial sources said and court summons show.
Judge Tarek Bitar unexpectedly resumed an inquiry today after it was paralysed for more than a year by political resistance and legal complaints filed by top officials he was seeking to question.
The explosion on Aug 4, 2020, was caused by hundreds of tonnes of ammonium nitrate that had been stored at the port in poor conditions since it was unloaded in 2013.
So far, no senior official has been held to account.
Bitar has charged former prime minister Hassan Diab, former interior minister Nouhad Machnouk and former public works minister Ghazi Zeaiter with homicide with probable intent, according to court summons seen by Reuters today.
He also charged prosecutor-general Ghassan Oweidat, the head of Lebanon’s domestic intelligence agency major-general Abbas Ibrahim, former army commander Jean Kahwaji and other current and former security and judicial officials, court sources said.
It was not immediately clear what they had been charged with, but one judicial source said Bitar had found Oweidat had not acted responsibly with regards to the ammonium nitrate.
Reuters could not immediately reach Diab or Oweidat for comment.
Ibrahim declined to comment on reports he had been charged when contacted by Reuters yesterday.
Kahwaji, Zeaiter and Machnouk declined to comment.
All those previously charged by Bitar have denied wrongdoing.
Oweidat today sent Bitar an official letter saying that Bitar’s probe remained suspended and that no official decision had been taken on whether he could continue investigating, according to a copy of the correspondence seen by Reuters.
Differing opinions within the judiciary over whether Bitar was allowed to resume his probe mean that some of his decisions could go unimplemented, analysts say.
Bitar’s previous efforts to interrogate top officials over the explosion that killed 220 people and shattered parts of Beirut have been hindered by factions including the heavily armed, Iran-backed Hezbollah.
A source with knowledge of Hezbollah’s position noted Oweidat’s letter and said that accusing the country’s top prosecutor “would only deepen the crisis”.
The source said the party would “wait and watch the reactions.”
Hezbollah has campaigned against Bitar as he sought to question its allies and it also accused Washington of meddling in the probe.
The US ambassador has denied the accusation.
The embassy today tweeted that the US “supports and urges Lebanese authorities to complete a swift and transparent investigation” into the blast.
The Lebanese judiciary, where appointments depend largely on political backing, has long been prone to political influence.
Bitar’s investigation was paralysed in early 2022 by the retirement of judges from a court that must rule on several such complaints against Bitar before he can continue.
The court has been awaiting the appointment of new judges to resume its work, a step authorities have not taken.
Bitar met French judges visiting Beirut last week as part of a French investigation into the explosion, whose victims included two French nationals.
He was unable to share documents with them at the time because the investigation was frozen.
Bitar resumed work on the basis of a legal interpretation challenging the reasons for its suspension, the judicial sources said.
Diab, an academic, became prime minister in January 2020 and resigned less than a week after the blast.
Bitar’s predecessor swiftly charged him and several former officials with negligence over the chemicals, but that judge was removed in 2021 following political interference in the file.
Diab said in a statement in 2020 that he was confident his hands were clean and that he had dealt transparently with the file of the Beirut port explosion.
New Delhi [India], March 25,2023: Following the disqualification of Congress leader Rahul Gandhi as an MP, a plea has been filed in the Supreme Court on Saturday challenging the automatic disqualification of legislators from the Parliament or State Assembly after conviction in a criminal case.
The plea challenges the constitutional validity of Section 8(3) of the Representation of the People Act, 1951 which lays down the automatic disqualification of a legislator while terming it illegal.
The petition filed by social activist and PhD scholar Aabha Muralidharan sought direction to declare that there does not exist any automatic disqualification under Section 8(3) and in cases of automatic disqualification under Section 8(3), the same be declared as ultra-vires of the Constitution for being arbitrary and illegal.
The plea filed through advocate Deepak Prakash further asked the apex court to issue directions to declare that the mandate of Section 499 of IPC (which criminalises defamation) or any other offence prescribing maximum punishment of two years will not automatically disqualify any sitting member of any legislative body since it violates the freedom of speech and expression of an elected representative.
Section 8(3) is ultra vires of the Constitution since it curtails the free speech of an elected Member of Parliament or Member of the Legislative Assembly and restrains lawmakers from freely discharging their duties cast upon them by the voters of their respective constituency, the petition added.
The petition assumes significance as it was filed when Rahul Gandhi was disqualified from the Lok Sabha after a Surat court in Gujarat verdict held him guilty of criminal defamation and sentenced him to two years in prison.
The petition said that factors such as nature, gravity, role, moral turpitude and the accused’s role should be examined while considering disqualification under Chapter III of the 1951 Act.
It stated that the intent of the legislature while laying down the Act of 1951 was to disqualify the elected members who upon commission of a serious/ heinous offence are convicted by the courts and hence are liable to be disqualified.