Constitution & Law Current Affairs - 2019

Summary of latest bill and acts passed or pending in 2019 in Parliament of India with their salient features and issues for Current Affairs 2019 preparation for various examinations such as UPSC, SSC, State Civil Services, CLAT, Judicial Services etc.

Category Wise PDF Compilations available at This Link

Bar Council of India imposes 3-year moratorium on opening of new law colleges

Bar Council of India (BCI), the apex bar body has imposed 3 year moratorium on opening of new institutions except for national law universities (NLUs), if proposed by a state. This decision has been taken to curb mushrooming of law colleges in the country and laying stress on improvement of standard of existing institutions. BCI can only approves or gives recognition to LLB degree and LLM and Ph.D degrees are not under its control.

BCI observations

BCI noted that there is no dearth of advocates and existing institutions are sufficient to produce required number of law graduates annually. It also held that the ones without any proper infrastructure or faculty will be closed down in the next three years. It said that there is urgent need to improve standard of teaching and it will train law teachers in the country. BCI has also requested state governments and universities to stop unfair means as well as to fill up vacancies of law teachers in all colleges/universities within 4 months period.

About Bar Council of India (BCI)

It is statutory body established by Parliament under the Advocates Act, 1961. It is mandated to regulate and represent Indian bar.

Functions:

It performs regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.

It sets standards for legal education in the country and grants recognition to Universities whose degree in law will serve as qualification for enrolment as advocate.

It also performs representative functions by protecting rights, interests and privileges of advocates as well as provides financial assistance for organising welfare schemes for advocates.

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Parliament passes Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019

Parliament passed Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019 for speedy eviction of unauthorised occupants from government residential accommodations. The Bill amends Public Premises (Eviction of Unauthorised Occupants) Act, 1971 which provides for eviction of unauthorised occupants from public premises in certain cases.

The bill provides for strict provisions to evict illegal occupants from government property allotted to government officials and members of Lok Sabha and Rajya Sabha.

Key Features of Bill

Residential accommodation: It has been defined as occupation of public premises by person on grant of license for such occupation. Such license must be given for fixed tenure or for period person holds office.  Further, occupation must be allowed under rules made by Central, State/UT government, or a statutory authority (such as Parliament Secretariat, or Central Government Company or premises belonging to state government).

Notice for eviction: It adds detailed provision laying down procedure for eviction from residential accommodation. It empowers estate officer to issue written notice to person if he/she is in unauthorised occupation of residential accommodation within three working days. This means that the bill now enables estate officer to apply summary proceedings for evicting the unauthorised occupants after a three-day notice.

Order of eviction: After considering the cause shown and making any other inquiries, estate officer can give eviction order. If person fails to comply with order, then estate officer may evict such person from residential accommodation and take possession of it.  For this purpose, estate officer can also use such force as required.

Also, estate officer now does not need to follow elaborate proceedings like serving notice, show cause, inquiry, rather he or she can initiate summary eviction proceedings.

Payment of damages: If any person in unauthorised occupation of residential accommodation challenges eviction order passed by estate officer in court, then he is required to pay damages charges for every month of such occupation or accommodation held during period of litigation.

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