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Thursday, June 14, 2012

The Anand Marriage Act 2012

The Anand Marriage Act 2012 passed and now a full fledged legislation.

The Anand Marriage Amendment Bill 2012 was introduced and now is passed and declared to be a full fledged Act in operation being published in the Gazette.However there being no divorce clause startes a fresh set off debates among the preachers of this law.

So now onwards Hindu law will not be forced upon sikhs and they will further be recognized as other than hindus having their own personal laws in operation.But having so far only one legislation related to marriage is also confusing and what it will facilitate only marriage issues and registration and no dissolution of marriage so it can not be said as a complete code of law , so far as other issues related sikhs still will be dependant on Hindu codes.

According to the amendment bill, couples whose marriages have been registered under this Act, will not be required to get their marriage registered under the Registration of Births, Marriages and Deaths Act, 1969 or any other law for the time being in force.

Sikh groups have maintained that members of the community face problems abroad as their certificates are issued under the Hindu Marriage Act. Besides Sikhs, Jains and Buddhists are issued certificates under the Hindu laws.

Although the Anand Marriage law was enacted in 1909, there was no provision for registration of marriages which were were registered under the Hindu Marriage Act, 1955.

Saturday, June 9, 2012

Uniform Judicial Recruitment at All India Level

In exercise of powers conferred under proviso to Article 309 read with Articles 233 and 234 of the Constitution, the State Governments frame rules and regulations in consultation with the respective High Courts in respect of the members of the State Judicial Service. Thus, the recruitments, appointments, posting/ transfers and other service conditions of judicial officers of the district/ subordinate courts are all governed by the respective State Governments. In some States the process of selection is undertaken through State Public Service Commissions, while in other States it is through the High Courts. Giving this information in written reply to a question in the Rajya Sabha recently, Shri Salman Khurshid, Minister of Law & Justice, said that while accepting the recommendations of the First National Judicial Pay Commission regarding recruitment to Higher Judicial Service, the Supreme Court of India in its judgement dated 21.3.2002 in W.P. (C) NO. 1022 of 1989 – All India Judges Association & Others Vs. UOI & Others had, inter-alia, laid down the quota for recruitment to Higher Judicial Services respectively of the Civil Judges (Senior Division) on the basis of seniority and through limited competitive examination, as well as of eligible advocates. The Apex Court had further directed that appropriate rules shall be framed by the High Courts as early as possible. The Supreme Court continues to monitor the implementation of its directions from time to time. All State Governments were party to the case, Shri Khurshid informed the House.

This is a welcome move though and with this inclusion legal services will attain standards of other All India Services recruitment.Moreover this is good if can be designed so that corruption can not touch the recruitment process at any level so the examination and implementation should be designed as such so it becomes absolutely difficult for any one even those who will be associated with the examination to know who is what and till the final declaration of results with a combination of human and machinery involvement.

Thursday, June 7, 2012

when professional standards are marred at top level

Bar council of India is the top most institution which regularizes law practice for whole country of India and promotes implementation of Advocates Act in strict form but when today may be some what lately read about the vice chairman of BCI being jailed for two weeks for accepting bribe things seems hopeless for this country.When I have a feeling that now at this decaying stage the country when struggling to survive from the cancer of corruption , that advocates and judicial officers and those working in judicial establishements can make the change in the situation just becoming honest to their profession and uprooting the corruption by not promoting this bad culture of corruption which ruins the state.We if feel that we are citizens of this country where we are born should protect it by saving it from the cancer of corruption and it hurts when a person in such top notch level accepts bribe for some favor as if he is starving or having no source to support him and his family what kind of lust of money is now staying with individuals that they forgot their country of birth mother India.
The case of R dhanpal Raj and RS Rana are not only two cases which shatters our faith in the law of the land but this really is horrifying thinking about the future position.You can read the news here

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