Kshitiz Sharma

Recently BCI through its letter dated 09.05.2019 requested the secretaries of the concerned state bar councils to comment or express a view on the Private Member Bill Titled as the Advocates Amendments Bills 2019 which was introduced in the 16 th  Lok Sabha. Though the abovementioned bill lapsed after the dissolution of the Lok Sabha still it is important to discuss the abovementioned bill as it highlights the modus operandi / intention of the Hon’ble legislators towards the profession. The heart of the matter was that the said bill tried to amend the section 24A of the Advocate Act 1961 (hereinafter to be referred as Act of 1961) by including various factors which are to be considered for disqualification for enrollment as an advocate. According to the proposed bill a person should not be admitted as an advocate on a State roll if he/she is convicted on an offence under the provision of the Scheduled Cast and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Untouc...

Rajasthan assembly recently passed two bills which  aim  to delete certain provisions of the Rajasthan Municipalities Act 2009 and Rajasthan Panchayati Raj Act 1994 so as to end the minimum education qualification to contest local body election in the state. In the  assembly , during the  debate , it was insisted by the government that the object of the amendment is to eliminate the unreasonable restrictions of the voters to contest the election at the grassroots level which. Therefore it is proposed that the restriction of educational qualification for contesting election for the office of sarpanch or a member of Zila Parishad or Panchayat Samiti be removed. The above said bills when comes into force will delete clause (f) of section 21 of the Rajasthan Municipalities Act 2009 which specifically mentions that to contest the municipal elections one should have passed secondary examination and clause (r), (s), (t) of section 19 of the Rajasthan  Panchayti ...

Until recently Privacy was not recognized under Constitution of India however on 24 th  August 2017 it all changed when the Apex Court of the Country passed a landmark judgment in K. S Puttaswamy case acknowledging the right to privacy as one of the fundamental rights as per the constitution. The Supreme Court in the above-mentioned judgment clarified that just like other fundamental rights, the right to privacy is not an absolute right and can be taken away as per the procedure established by law. It is apposite to say that the effects of this judgment will be felt not just by individuals in their daily activities but also by big corporations. Though the judgment was with regard to the Aadhar act, the judgment held that right to privacy is an integral part of Part III of the Constitution and laid down some tests which are required to be satisfied by the restrictions put by the state to interfere with the privacy right. It will be important to see how the courts and the govern...