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Justice Dipak Misra sworn in as 45th Chief Justice of India

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Justice Dipak Misra sworn-in as 45th Chief Justice of India

[vc_row][vc_column][vc_column_text]New Chief Justice will have the unenviable task of presiding over politically sensitive cases like the Babri Masjid-Ram Janmbhoomi land dispute, repealing Article 35A in Kashmir, among others

Justice Dipak Misra was, on Monday, sworn in as the 45th Chief Justice of India by President Ram Nath Kovind, taking over the mantle from Justice JS Khehar, who retired on Sunday. The newly sworn-in CJI is scheduled to retire on October 2, 2018 after a tenure that will last for 13 months and six days.

Justice Misra was appointed as a judge of the Supreme Court on October 10, 2011 and in the past six years has delivered several crucial judgments – those that were hailed as landmark verdicts and yet others that were criticised by legal experts for bordering on judicial over-reach.

Among the most defining moments of his stint as a judge of the apex court, perhaps came on the intervening night of July 29-30, 2015 when as part of a three-judge Bench, which also included then Chief Justice of India, HL Dattu, he dismissed the mercy petition of Yakub Memon, convicted in the Bombay blasts case. For the first time in the history of independent India, the Supreme Court had held a midnight hearing, discussing the arguments made in the case for nearly 90 minutes before reading out its verdict at 3 am. Memon was hanged at 3 am on July 30, 2015, amidst criticism and applause of the Supreme Court in equal measure.

A judgment passed on November 30, 2016 by a Bench headed by Justice Misra, however triggered a debate over whether an increasingly aggressive brand of nationalist fervour was stifling civil liberties. The verdict gave sanction for playing of the national anthem in cinema halls before the screening of a film began and made it mandatory for everyone present in the audience to stand up while the anthem was being played. In the days following the verdict, while a handicapped person, who could not stand up during the playing of the national anthem in a cinema hall, was severely heckled several similar reports of people being harassed by right-wing lumpens at movie theatres across the country collectively added to the narrative that whether the Supreme Court had erred in its verdict. A few months after the verdict, the Centre had informed the apex court that handicapped people who cannot stand when the anthem is played should be exempted from doing so.

On May 3, 2016, Justice Misra upheld the constitutional validity of the legal provision related to criminal defamation. Justices Misra and PC Pant had held that the reputation of an individual was an equally important right and stood on the same pedestal as free speech. The court said it would be a stretch to say that upholding criminal defamation in modern times would amount to imposition of silence. A section of the legal fraternity and advocates of free speech had termed the verdict as being regressive.

Then, on May 5, 2017, a bench headed by Justice Misra had upheld the execution of the three convicts in the highly publicised Nirbhaya gang rape case.

Just as verdicts passed by him or a bench that he was part of faced scrutiny by legal eagles, Justice Misra’s elevation as the CJI too had become a matter of some debate over the past few weeks. In July this year, Adish C. Aggarwala, president of the International Council of Jurists, had alleged that Justice Misra’s appointment as the CJI would “severely compromise the independence of the judiciary”. Aggarwala had written to then CJI Khehar – who had named Justice Misra as his successor – asking that an ongoing enquiry into allegations that Justice Misra had misrepresented facts in attempting to get hold of public land meant to be distributed to the landless poor for agricultural purposes in Odisha must first be resolved before he takes over India’s highest judicial post.

Aggarwala had raked up allegations made by an Odisha-based activist, Jayanta Kumar Das, who had claimed that back in 1979, when Justice Misra had not joined the judiciary but was a practicing lawyer, he had applied for allotment of the land to develop a fodder farm. While in his application to the Odisha government he had declared that his family owned 10 acres of land, Das had alleged that none of the said land was actually in Justice Misra’s name and that he had allegedly concealed this information in a subsequent affidavit. The affidavit later became the basis for allotment of two acres of land to Justice Misra.

The suicide note of former Arunachal Pradesh chief minister Kalikho Pul too had reportedly made some serious allegations against Justice Misra, which went uninvestigated.

However, these allegations notwithstanding, outgoing Chief Justice Khehar and the Narendra Modi government still went ahead with the appointment of Justice Misra as the CJI, sticking to the seniority rule.

On his hands, the new Chief Justice will have some critical cases to deal with. He might preside over the contentious Babri Masjid demolition case and also deal with the much popular BCCI reforms matter, as well as the Sahara SEBI case. The explosive issue of abrogation of Article 35A in Kashmir is also expected to be heard by the new Chief Justice.

Adding to the challenges he is certain to face is the seemingly perpetual problem of filling up vacancies in High Courts and the Supreme Court. High Courts in India are working with just 56% of their sanctioned strength while the shortfall in the Supreme Court will widen to 6 when Justice PC Pant retires on Tuesday, leaving only 25 judges in the apex court. The contentious MOP (Memorandum of Procedure) continues to remain an unresolved issue between the government and the SC collegiums, which has rejected the idea of including a security clearance clause that would allow the executive to veto superior court appointments in case of a negative remark against a proposed candidate.[/vc_column_text][/vc_column][/vc_row]

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Passengers must pay charges for excess luggage on trains, says railway minister

Passengers travelling by train will need to pay extra charges if their luggage exceeds the prescribed free allowance, the railway minister informed Parliament.

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Ashwini Vaishnaw

Indian Railways passengers will have to pay additional charges if they carry luggage beyond the prescribed free allowance during train journeys. The clarification was given by Railway Minister Ashwini Vaishnaw in the Lok Sabha, outlining existing class-wise baggage norms and the charges applicable for excess weight.

The minister explained that Indian Railways already follows a structured luggage policy, under which passengers are allowed a fixed free allowance depending on their travel class, with a defined maximum limit that cannot be exceeded inside passenger compartments.

Class-wise luggage limits explained

According to the details shared in Parliament, passengers travelling in Second Class are permitted to carry up to 35 kg of luggage free of cost. They can carry additional luggage up to 70 kg, but only after paying the prescribed charges.

For Sleeper Class travellers, the free allowance stands at 40 kg, with the maximum permissible limit capped at 80 kg, including the free allowance. Passengers in AC 3 Tier and AC Chair Car are allowed to carry 40 kg of luggage, which is also the upper limit for these classes.

First Class and AC 2 Tier passengers can carry up to 50 kg of luggage free of cost, with a maximum limit of 100 kg. AC First Class passengers have the highest allowance, with 70 kg permitted free and up to 150 kg allowed on a chargeable basis.

The railway minister clarified that the maximum limit in each class includes the free allowance and that passengers cannot exceed this limit inside the compartments.

Charges for excess luggage and size restrictions

Vaishnaw stated that passengers carrying luggage beyond the free allowance, but within the maximum limit, are required to pay charges at 1.5 times the standard luggage rate. Such excess luggage can be carried along with the passenger inside the compartment after payment.

The Railways also impose size restrictions on personal luggage. Trunks, suitcases and boxes with outer dimensions up to 100 cm × 60 cm × 25 cm are allowed in passenger compartments. Items exceeding any one of these dimensions must be booked separately and carried in brake vans or parcel vans, not inside passenger coaches.

The minister further clarified that merchandise items are not permitted to be carried as personal luggage in passenger compartments. Any luggage beyond the prescribed limits is required to be booked and transported in the brake van of the train, subject to existing booking norms.

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Lok Sabha passes SHANTI Bill, opens civil nuclear sector to private participation

The Lok Sabha has passed the SHANTI Bill, paving the way for private participation in India’s civil nuclear sector and supporting the target of 100 GW atomic energy by 2047.

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Lok Sabha

The Lok Sabha on Wednesday passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Bill, a move that allows private players to enter India’s tightly regulated civil nuclear sector. The legislation was approved through a voice vote, even as opposition members staged a walkout during the discussion.

Union minister Jitendra Singh described the passage of the bill as a milestone, saying it would help the country move closer to its long-term clean energy goals. According to the minister, the legislation is aligned with India’s ambition to generate 100 gigawatts of atomic energy capacity by 2047.

Focus on clean energy and long-term targets

Speaking in the House, Singh said India’s growing role on the global stage requires it to follow international benchmarks, particularly in the transition towards cleaner energy sources. He noted that nuclear power would play a crucial role in meeting future energy demands while reducing dependence on conventional fuels.

The SHANTI Bill aims to bring private participation into the civil nuclear space, which has so far remained largely under government control. The government has maintained that such participation is necessary to scale up capacity and meet the 2047 nuclear energy target.

Opposition flags liability concerns

Opposition parties opposed the bill, arguing that it weakens provisions of the Civil Liability for Nuclear Damage Act, 2010. They claimed that the proposed framework shifts responsibility in the event of a nuclear incident away from suppliers of nuclear equipment, raising concerns over accountability.

Despite these objections, the bill was passed, marking a significant policy shift in India’s nuclear energy sector.

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Bharat Taxi to launch in Delhi on January 1 as cooperative alternative to app-based cabs

Bharat Taxi, a government-backed cooperative cab service, will be launched in Delhi on January 1 as an alternative to app-based taxi platforms.

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bharat taxi model

Delhi residents will soon have a new option for daily commuting as Bharat Taxi, India’s first cooperative taxi service, is set to begin operations in the national capital from January 1. The service has been launched by the Centre as an alternative to existing app-based cab platforms and is expected to operate alongside them.

According to information shared by government sources, all preparations for the launch in Delhi have been completed. The service will function through a mobile application operated by Sahakar Taxi Cooperative Limited and will follow a zero-commission model.

Multiple ride options and app-based features

Bharat Taxi will offer cars, auto-rickshaws and bikes through its platform. The app will be available on both Android and iOS devices. Users will be able to register using their mobile number, select pick-up and drop-off locations, choose a vehicle, and track their ride in real time.

The application includes features such as a transparent fare structure, real-time vehicle tracking, multilingual interface, and 24×7 customer support. Safety measures include verified driver onboarding, integration with Delhi Police and other agencies, and an option to share ride details with others.

Focus on fair pricing and ride reliability

The cooperative taxi service aims to address issues commonly faced by commuters, including surge pricing during peak hours, ride cancellations, and drivers refusing trips. Provisions have been made within the system to deal with such everyday complaints.

Officials indicated that the platform is designed to bring predictability to fares while ensuring a smoother experience for passengers.

Driver-owned model to improve earnings

A key feature of Bharat Taxi is its driver-owned cooperative structure. Under this model, drivers are expected to receive up to 80 per cent of the fare directly, supported by a monthly credit system. The initiative is intended to provide drivers with higher income and improved working conditions, reducing dependence on private cab aggregators.

Government sources said the platform offers drivers a more independent and equitable alternative for earning a livelihood.

Expansion plans beyond Delhi

As per official information, around 56,000 drivers have already registered on the Bharat Taxi app. While testing has been completed in Delhi, a similar trial is currently underway in Rajkot, Gujarat, where the service is expected to be launched on February 1.

Officials added that Bharat Taxi will be gradually expanded to more than 20 cities across the country in the coming phase.

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