Constitution & Law Current Affairs - 2020

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.

Lok Sabha passes Aircraft (Amendment) bill, 2020

The Lok Sabha recently passed Aircraft (Amendment) bill, 2020. The bill was passed through voice vote in the lower house. The amendments are being made to fulfil the requirements of International Civil Aviation Organization.

Highlights

The amendment aims to regulate three regulatory bodies namely Bureau of Civil Aviation (BCA), Directorate General of Civil Aviation (DGCA) and Aircraft Accident Investigation Bureau (AAIB). The amendment will make these bodies effective and enhance safety and security of aircraft operations.

The bill when passed as an act will allow the central government to make rules on inspecting aircraft, rules for flying an aircraft and also to measure civil aviation safeguards against unlawful interference.

Penalties

The bill allows central government to cancel licenses, approvals and certificates. It also includes issuing licenses to repair, operate and maintain aircrafts. The bill also proposes that a court that is equivalent or superior to metropolitan magistrate can hear cases under the act.

About the regulatory bodies

The DGCA carries out safety and regulatory functions. The BCAS discharges oversees civil aviation security functions. The AAIB is the body that is responsible for carrying out investigations of air accidents.

What are the current penalties?

The Aircraft Act, 1934 includes penalties such as carrying arms, explosives and other dangerous goods, contravening rules notified under the act and building structures withing aerodrome perimeters.

Why the amendment?

The Civil Aviation Organization conducted an audit in 2015. According to the audit, there was a need to amend the act to recognize and regulate the bodies and empower officers to impose penalties for violating the legal provisions.

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Supreme Court rejects Curative Petitions filed over Nirbhaya Case: What are Curative Petitions?

On March 16, 2020, the Supreme Court of India rejected the curative petitions filed over Nirbhaya case.

A Brief outlook

In September 2013, a fast track court of Delhi found the defendants guilty and pronounced death penalty to those accused of rape and murder of a 23-year old female. Since then the accused were appealing to high court of Delhi and Supreme Court of India. Recently, the accused had filed a curative petition seeking to put his execution on hold. However, the Supreme Court has rejected their pleas and the accused are to be hanged on 20th March, 2020.

The mercy petition and review petition were also rejected by the Supreme Court

What is Curative Petition?

A curative petition is filed after the plea conviction against final conviction is dismissed. The Curative petitions are filed under Article 142 of the constitution. It shall be filed after the review petition is dismissed by the apex court.

The concept of Curative petition is supported by the Article 137 of Constitution of India. The Article enables Supreme Court to review its own judgements made under Article 145.

Article 145

The article empowers the Supreme Court to make rules for regulating practices and procedures of the Court. The rules include proceedings in the court, to stay proceedings, grant bail, etc. the minimum number of judges to sit for the purpose of interpretation of the constitution is 5 according to the article.

Review Petition

The Review petitions are filed under Article 137 of the Constitution that enables Supreme Court to review its own judgement. Under Supreme Court rules, 1966, these petitions should be filed within 30 days of judgement.

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