LawWise Perspective - India

 The Supreme Court of India has ruled that State Bar Councils (SBCs) cannot charge excessive enrollment fees for law graduates beyond what is mandated by the Advocates Act, 1961. The court emphasized that such fees create barriers to entering the legal profession, particularly for those from marginalized backgrounds. The ruling came from a three-judge bench, including Chief Justice D Y Chandrachud, while addressing petitions challenging the fees levied by SBCs beyond the prescribed limits under Section 24(1)(f) of the Act. The court clarified that the SBCs and the Bar Council of India (BCI) are not authorized to demand any enrollment fee other than what is stipulated in Section 24(1)(f), which sets the fee at ₹750 for general category candidates and ₹125 for SC/ST candidates. The bench highlighted that this section serves as a fiscal regulatory provision, and the SBCs and BCI, as delegates of Parliament, lack the legislative power to alter the fiscal policy established by Parlia...

Introduction Divorce, the legal dissolution of a marriage, is a complex and multifaceted issue within the Indian legal system. The institution of marriage in India is deeply rooted in cultural, religious, and social norms, making divorce a sensitive and often contentious matter. This essay aims to provide a comprehensive analysis of divorce within the Indian legal framework, examining the historical context, relevant laws, judicial interpretations, and the socio-legal implications of divorce in India. Historical Context of Divorce in India The concept of divorce has evolved significantly in India over the centuries. Traditionally, Hindu marriage was considered a sacrament (samskara), an indissoluble union that could not be dissolved. The idea of divorce was virtually non-existent in ancient Hindu law, which placed a strong emphasis on the sanctity and permanence of marriage. However, with the advent of British colonial rule and the subsequent introduction of English legal principles, t...

 In recent years, whistleblowers have played a crucial role in uncovering wrongdoing and promoting transparency in various sectors. However, the journey of whistleblowers in India has often been fraught with risks and challenges. To address this issue, the Indian government has introduced whistleblower protection laws aimed at providing safeguards to those who speak out against corruption, fraud, and other misconduct.   The Whistleblower Protection Act, enacted in 2014, serves as the cornerstone of whistleblower protection in India. This legislation aims to create a safe environment for individuals to disclose information about unlawful activities without fear of retaliation. Under the act, whistleblowers are granted immunity from disciplinary action, harassment, or victimization by their employers or colleagues.   One of the key provisions of the Whistleblower Protection Act is the establishment of a dedicated authority known as the Whistleblower Protection Authority (...

Introduction to Indian Citizenship Amendment Act, 2019 The Citizenship Amendment Bill was presented to Parliament on July 15, 2016, proposing amendments to the Citizenship Act, of 1955. On December 11, 2019, the Rajya Sabha approved the Bill with 125 votes in favor and 99 against. This marked the first instance of citizenship being granted on religious grounds to six communities from Pakistan, Afghanistan, and Bangladesh. Shortly after, then President Ram Nath Kovind endorsed the Bill, enacting it into law. Implemented by the Indian government, this law aimed to modify the country's citizenship regulations. Its primary objective was to simplify the citizenship acquisition process for minority communities from neighboring nations, with Muslims notably excluded. The enactment of this legislation in 2019 sparked widespread protests and debates regarding its implications for the nation's secular principles. The Citizenship (Amendment) Act (CAA) of 2019 has sparked significant debat...

Understanding Karnataka's Vehicle Taxation Act 2024 Introduction to the Karnataka Motor Vehicle Taxation (Amendment) Act, 2024 Governor Thaawarchand Gehlot has endorsed the Karnataka Motor Vehicle Taxation (Amendment) Act, 2024, introducing substantial modifications to the state's vehicle taxation regime. This fresh legislation seeks to generate revenue and foster the welfare of workers within the transport sector. Overview of the Amendment Act One significant feature of the Amendment Act entails imposing an extra 3% tax on recently registered transport vehicles. This levy will aid the Karnataka Motor Transport and Allied Workers Social Security and Welfare Fund, facilitating benefits for industry workers. Furthermore, electric vehicles valued over Rs 25 lakh will face a lifetime tax of 10% during registration. This initiative aligns with the state's drive to enhance electric vehicle uptake and bolster initiatives promoting worker welfare. Key Changes Introduced The Karnata...