LAW AND GOVERNANCE
SUPREME COURT RULES ON DOCTRINE OF MERGER IN LAND ACQUISITION CASES
Case Title: Government of NCT of Delhi & Anr. v. M/s BSK Realtors LLP & Anr.
The Supreme Court clarified that the doctrine of merger is not universally applicable and that Article 142 powers serve as an exception. This landmark ruling in Delhi government land acquisition cases emphasizes prioritizing public interest and achieving complete justice.
Legal Provisions and Framework:
- Doctrine of Merger: This principle states that when a superior court passes a judgment, the judgment of the lower court merges into that of the superior court. However, the Supreme Court highlighted that this doctrine is not universally applicable, particularly when Article 142 of the Constitution is invoked.
- Article 142 of the Indian Constitution: Empowers the Supreme Court to pass any decree or order necessary to do complete justice in any case before it. The Court underscored that this power serves as an exception to the doctrine of merger and the principle of stare decisis.
- Land Acquisition Act, 1894: This case involved land acquisition processes initiated under this Act for Delhi’s planned development.
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013: This Act replaced the 1894 Act, introducing reforms including Section 24, which deems certain land acquisition proceedings as lapsed if compensation was unpaid or possession was not taken.
- Relevant Case Laws:
- Kunhayammed & Ors. v. State of Kerala & Anr.: Defined the scope of the doctrine of merger.
- Pune Municipal Corporation v. Harak Chand Mistrimal Solanki: Provided an earlier interpretation of Section 24 of the 2013 Act.
- Indore Development Authority v. Manoharlal: Overturned the Pune Municipal Corporation decision, establishing the current interpretation of Section 24.
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Source- Supreme Court of India
PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT NOW IN FORCE
Effective June 21, 2024, the Public Examinations (Prevention of Unfair Means) Act imposes severe penalties for exam-related malpractices, including paper leaks. Individuals can face up to five years in prison and fines up to ₹10 lakh, while service providers may incur fines up to ₹1 crore.
Legal Provisions and Framework:
- Public Examinations (Prevention of Unfair Means) Act, 2024: Enacted to curb and penalize unfair practices in public examinations, the Act was passed by Parliament on February 9, 2024, and came into effect on June 21, 2024.
- Key Provisions:
- Section 2(2): Authorizes the Central Government to determine the commencement date of the Act.
- Penalties: Imposes a minimum imprisonment of three years, extendable to five years, and fines up to ₹10 lakh for individuals. Service providers can be fined up to ₹1 crore.
- Definition of Unfair Means: Includes unauthorized access to exam materials, improper assistance to candidates, tampering with exam infrastructure, and conducting fraudulent exams.
- Context of Implementation: The Act’s enforcement comes amid frequent reports of exam malpractices, such as the NEET-UG 2024 paper leak and the cancellation of the UGC-NET exam due to similar issues.
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Source- Ministry of personnel and Training
SUPREME COURT DIRECTS PETITIONERS TO HIGH COURT FOR KSAT VACANCIES
Case Title: Narasimharaju & Ors. v. The Union of India & Ors.
The Supreme Court dismissed a PIL regarding vacancies in the Karnataka State Administrative Tribunal, advising petitioners to seek relief from the Karnataka High Court. The petition addressed the significant delays and hardships caused by unfilled judicial positions, impacting numerous pending cases.
Legal Provisions and Framework:
- Article 32 of the Indian Constitution: The petitioners filed a Public Interest Litigation (PIL) directly in the Supreme Court under this article, which guarantees the right to constitutional remedies for the enforcement of fundamental rights.
- Administrative Tribunals Act, 1985: Establishes administrative tribunals for adjudicating disputes related to public service appointments and conditions. The Karnataka State Administrative Tribunal (KSAT) was set up under this Act.
- Supreme Court’s Jurisdiction: The Court, in dismissing the petition, emphasized the importance of judicial hierarchy, suggesting that the petitioners seek relief from the Karnataka High Court, which is better positioned to address state-specific administrative issues.
- Current Issues: The petition highlighted significant delays and a backlog at KSAT due to unfilled judicial vacancies, impacting the timely resolution of cases involving pensions, compassionate appointments, dismissals, and other service-related matters.
- Requested Relief:
- Filling Vacancies: Petitioners urged the immediate appointment of judicial members to KSAT.
- Special Committee: Proposed forming a committee to monitor and oversee the filling of future vacancies, ensuring appointments are made promptly to prevent similar issues.
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Source- Supreme Court of India
GOVERNMENT SCHEME
PARAMPARAGAT KRISHI VIKAS YOJANA (PKVY)
(Ministry of Agriculture and Farmers’ Welfare)
Objectives: Paramparagat Krishi Vikas Yojana (PKVY) aims to promote organic farming and enhance soil health using eco-friendly techniques. It emphasizes the Participatory Guarantee System (PGS-India) for organic certification, involving producers and consumers in the process.
Benefits:
- Promotes sustainable agriculture by eliminating chemical residues.
- Improves soil fertility and conserves natural resources.
- Reduces farming costs and increases farmers’ net income.
- Protects the environment through eco-friendly farming practices.
- Empowers farmers through cluster development and direct market access.
Eligibility: Open to all farmers and institutions, with a maximum landholding limit of 2 hectares per applicant.
RAINFED AREA DEVELOPMENT (RAD)
(Ministry of Agriculture and Farmers’ Welfare)
Objectives: Rainfed Area Development (RAD) focuses on sustainable development in rainfed regions through Integrated Farming Systems (IFS). It aims to enhance productivity and resilience against climatic variability.
Benefits:
- Boosts agricultural productivity and income in rainfed areas.
- Mitigates risks from droughts, floods, and other climatic stresses.
- Promotes soil health and moisture conservation.
- Provides financial assistance of up to ₹30,000 per family for adopting IFS.
- Strengthens farmer capacity in climate-resilient agriculture practices.
Eligibility: The scheme is accessible to all farmers, with a special focus on developing clusters of at least 100 hectares for effective implementation and replication.
Source- myScheme
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