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Business Standard
3 days ago
- Politics
- Business Standard
Ladakh Reservation Act amended: Reservation cap set at 85%, EWS excluded
The Ministry of Law and Justice has issued a new ordinance amending the Jammu and Kashmir Reservation Act, 2004, to apply specifically to the Union Territory of Ladakh. The ordinance, titled the 'Union Territory of Ladakh Reservation (Amendment) Regulation, 2025', was published in the official Gazette notification. According to the amendment, 'The total percentage of reservation shall in no case exceed 85 per cent, excluding reservation for Economically Weaker Sections'. This provision, which applies to various sections of the Act, aims to cap the reservation limit while ensuring that the Economically Weaker Sections (EWS) quota is treated separately. The new regulation clarifies, 'Provided that the total percentage of reservation shall in no case exceed 85 per cent, excluding reservation for Economically Weaker Sections.' The changes specifically exclude the EWS quota from the 85 per cent cap, reflecting the Centre's attempt to maintain reservation balance while addressing the unique demographic and socio-economic needs of Ladakh. The amendments apply to Sections 3, 5, 6, and 9 of the Jammu and Kashmir Reservation Act, 2004. Other amendments in the ordinance Under Section 5 of the Act, a new sub-section has been added, stating: 'Nothing contained in this Section shall apply to Economically Weaker Sections and filling up of vacancies for such Sections shall be in such manner as may be prescribed.' Similar provisions have been inserted in Sections 3, 6, and 9, each reiterating the 85 per cent cap (excluding EWS). The regulation empowers the Central Government to notify the date from which these amendments will come into force. The ordinance was promulgated by the President, Droupadi Murmu, under Article 240 of the Constitution, in conjunction with the relevant sections of the Jammu and Kashmir Reorganisation Act, 2019. What is the J&K Reservation Act, 2004? The Jammu and Kashmir Reservation Act, 2004 is aimed at ensuring social justice through reservation in public employment and admissions to professional institutions for marginalised communities in the region. Enacted by the Jammu and Kashmir State Legislature and receiving the Governor's assent in 2004, the Act has played a significant role in shaping affirmative action policies in the erstwhile state and, subsequently, the Union Territories of Jammu & Kashmir and Ladakh. The Act was designed to provide reservation benefits in: * Appointments to government jobs (direct recruitment and promotions) * Admissions to professional educational institutions The beneficiaries include Scheduled Castes (SC), Scheduled Tribes (ST), Other Socially and Educationally Backward Classes (OBC/SEBC), and residents of areas adjoining the actual line of control (LoC) and, after amendments, the International Border. What are the key provisions of the Act? The Act mandates a fixed percentage of vacancies in government services to be reserved for the above-mentioned categories. It also includes provisions for carrying forward unfilled reserved vacancies to subsequent years. The Act extends reservation benefits to promotions within government services for eligible categories. Seats in professional colleges and institutions are reserved for the same communities, ensuring equitable access to higher education. Reserved category candidates are allowed to compete for open merit seats as well, ensuring they are not restricted solely to reserved quotas. The Act details the process for issuing, verifying, and appealing reservation certificates, with penalties for contravention. Amendments and changes post-2019 Following the abrogation of Article 370 and the reorganisation of Jammu and Kashmir in 2019, the Act was amended to extend its applicability to the Union Territories of Jammu & Kashmir and Ladakh, with modifications to include residents along the International Border as beneficiaries. The percentage of reservation is proportional to the population of the respective categories, and amendments have continued to refine the list of eligible backward classes and the procedures for their identification.
Business Recorder
26-05-2025
- Politics
- Business Recorder
Constitution (Amend) Bill: NA panel calls for taking all parties on board
ISLAMABAD: The National Assembly Standing Committee on Law and Justice, Monday, supported, 'The Constitution (Amendment) Bill, 2025' and stressed the need to consult political leaders across parties on the proposed amendments to the Constitution. The 10th meeting of the Standing Committee on Law and Justice was held on Monday under the chairmanship of Chaudhry Mahmood Bashir Virk, MNA. The committee discussed, 'The Constitution (Amendment) Bill, 2025' (Article 140-A) moved by Muhammad Jawed Hanif Khan, MNA. During deliberations, the mover emphasised that the 18th Amendment aimed to devolve powers to the grassroots level, but without a local government system, this goal remains unachieved. While members supported the bill's intent in principle, they agreed its success depends on political will and stressed the need to consult political leaders across parties. The committee was informed that, despite a prior formal request to all parliamentary leaders for their views on the proposed amendment, no responses have been received. Therefore, the committee recommended issuing a fresh reminder through the Ministry of Law and Justice and the committee to urge political leaders to submit their opinions, enabling further progress on the matter. The committee condemned the recent terrorist attacks in Balochistan, especially the tragic school bus incident, and expressed deep sorrow over the loss of innocent lives. Condolences were extended to the bereaved families. Meanwhile, the minutes of the meeting held on 30th April 2025 were approved. The committee considered the bills: The Constitution (Amendment) Bill, 2024 (Article 175-A and 215) (moved by Asad Qaiser), The Constitution (Amendment) Bill, 2025 (Article 59), and The Constitution (Amendment) Bill, 2024 (Article 51 and 106) (moved by Naveed Aamir, MNA). During deliberations, the committee noted that despite repeated inclusion on the agenda, the movers consistently failed to attend. Accordingly, the committee, unanimously, recommended that the bills should not be passed by the assembly. The committee considered the bill, 'The Code of Civil Procedure (Amendment) Bill, 2024' (Section 54-A) (moved by Sofia Saeed Shah, MNA). During the discussion, it was noted that the mover was unwell, leading to a request to defer the bill. The committee also recalled that the Ministry of Law and Justice had promised to share a draft of related amendments to the Land Revenue Act but had not yet done so due to short notice. The Ministry assured the draft would be provided before the next meeting. Considering these factors, the bill was deferred. MNAs Zara Wadood Fatemi, Kiran Haider, Syed Hafeezuddin, Ali Muhammad Khan, Umair Khan Niazi, Hassan Sabir, Aliya Kamran, Sohail Sultan, Javid Hanif Khan, Minister of State for Law and Justice, secretary, Ministry of Law and Justice, along with relevant staff attended the meeting. Copyright Business Recorder, 2025
India Gazette
23-05-2025
- Business
- India Gazette
Over 16 lakh new workers enrolled under ESI scheme in March 2025
New Delhi [India], May 23 (ANI): In a significant indication of formal job creation in the country, about 16.33 lakh (16,32,744 lakh) new workers were enrolled under the Employees' State Insurance (ESI) Scheme in March 2025, according to data released by the Ministry of Law and Justice. On Friday, the Ministry of Law and Justice said in a release that 7.96 lakh new registrations are coming from employees aged up to 25. The data suggests an encouraging uptick in first-time job entrants in the formal sector. The data suggests growing female participation in the workforce, as 3.61 lakh women employees were enrolled under the ESI scheme during the same period. Ministry of Law and Justice data further reveals that about 100 transgender employees were registered under the ESI scheme in March. Additionally, 31,514 new establishments were brought under the ESI scheme, reflecting business expansion and compliance with labour laws. The provisional ESI Scheme provides social security and health insurance benefits to workers in the organised sector. According to the data, the Number of newly registered establishments during the month was 31,514, an increase of 7,988. The Ministry said that through the data, it is noticeable that out of the total 16.33 lakh employees added during the month, 7.96 lakh employees, amounting to around 49 per cent of the total registrations, belong to the age group of upto 25 years. The payroll data, issued by the Ministry, is provisional since the data generation is a continuous exercise. The Employees' State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees' State Insurance Act. It is designed to accomplish the task of protecting 'employees' as defined in the Employees' State Insurance Act, 1948, against the impact of incidences of sickness, maternity, disablement and death due to employment injury and to provide medical care to insured persons and their families. The ESI Scheme applies to factories and other establishment's viz. Road transport, hotels, restaurants, cinemas, newspapers, shops, and educational/medical institutions wherein 10 or more persons are employed. (ANI)
Business Recorder
15-05-2025
- Politics
- Business Recorder
Law ministry yet to verify Ogra's ‘LPG Industry Amendment Bill'
ISLAMABAD: Ministry of Law and Justice has yet to vet the Oil and Gas Regulatory Authority's (Ogra's) LPG Industry Amendment Bill which has been laid there for the last two years. The Oil and Gas Regulator proposed up to 14 years' imprisonment with Rs 15 million fine for those involved in substandard LPG cylinders manufacturing and browser blast. The LPG Distributors Association of Pakistan in a letter sent to prime minister has said that there is no proper legal framework to ensure safety in the LPG industry. In the letter, the LPG Association expressed concern over the continued delay in the Ogra amendment bill by Law Ministry and demanded that the Minister for Law and Justice, Azam Nazeer Tarar, should take prompt action on the matter. Incidents are occurring frequently due to the mixing of CO2 gas in LPG, and those involved in this hazardous malpractice are being let off without punishment. The association has urged the Ministry of Law and Justice to present the proposed amendments to the bill in Parliament, noting that strict penalties have been recommended in the bill for those responsible. If the bill is not tabled soon, the association warned it would be compelled to protest. Association Chairman Irfan Khokhar said that two explosions and four fatalities occur every day due to this issue. He cited incidents such as the tragic bowser explosion in DG Khan and the severe casualties from bowser blasts in Hyderabad last year. Khokhar stated that, in recent days, five people lost their lives in an LPG explosion in Lahore. Copyright Business Recorder, 2025
Hindustan Times
14-05-2025
- Business
- Hindustan Times
Bar Council of India notifies amended rules on registration of foreign lawyers, law firms
New Delhi, The Bar Council of India has notified amended rules for the registration of foreign lawyers and law firms here based on reciprocity, and according to which foreign lawyers can practice law in India in non-litigious matters only. A release from the apex bar body on Wednesday said the amended rules had been notified with the primary objective of safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India. "The rules and regulations comprehensively address the principle of reciprocity, ensuring equitable treatment and corresponding obligations for all parties involved. The amended regulations are strategically designed to provide structured opportunities for foreign lawyers to practice foreign law and international legal matters in India, strictly limited to non-litigious areas under a clearly defined regulatory framework that prioritises the rights and interests of Indian legal professionals," the release said. It said foreign lawyers and law firms are expressly prohibited from engaging in litigation practice, appearing before Indian courts or practising Indian law in any capacity. According to the release, the amended rules underlined protection for Indian lawyers by stipulating that the practice of the country's law remained their exclusive domain. "The scope of permitted practice for foreign lawyers is strictly confined to non-litigious areas involving foreign law, international law and arbitration matters, particularly concerning cross-border transactions and international disputes," the release said. It said that foreign lawyers could participate in international commercial arbitration conducted in the country, provided such arbitration involved foreign law or international law. This would promote the country as a viable destination for international arbitration without compromising the rights of Indian legal professionals, the release said. According to the release, foreign lawyers and law firms had to be registered in India by the BCI only upon obtaining a No-Objection Certificate from the Ministry of Law and Justice and the Ministry of External Affairs. Regarding the benefits to Indian advocates and law firms, the release said they could access foreign legal markets based on principles of reciprocity. "Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums. "This dual registration provides the Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law," the release said. According to the release, the BCI had implemented stringent registration and renewal requirements for foreign lawyers and law firms seeking to practice foreign law in India. "The regulations mandate comprehensive documentation, including proof of primary legal qualification, no-objection certificates, and declarations of compliance with Indian regulations. Furthermore, foreign lawyers seeking temporary entry for legal advisory under the Fly-In-Fly-Out provision must comply with strict guidelines limiting their stay to 60 days per 12-month period," the release said. It said that all registrations will be valid for a maximum of five years, subject to renewal based on continued compliance with the regulations. The release said the objective and aim of the rules were to make the country a premier hub of international arbitration, which would benefit the country's advocates and law firms by providing them with advantageous opportunities. "Through these amendments, the BCI seeks to maintain the sanctity of the Indian legal profession, promote India as a hub for international arbitration and provide Indian lawyers with structured avenues for international practice while ensuring that the practice of Indian law remains solely in the hands of Indian advocates," the release said. Earlier in March 2023, the apex lawyers' body had notified the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. "We have just learned that the BCI has notified the rules on entry of foreign law firms into India. The rules have been in the works for a long time and the notification dispels any uncertainties about the direction of the Indian legal market," said Vivek K Chandy, joint managing partner, JSA Advocates & Solicitors.
