Delhi HC issues notice to Centre on plea challenging constitutional validity of CAA

The Centre has notified the law, passed in the last budget session of Parliament, which also received Presidential assent on April 18, 2022

ANIUpdated: Thursday, September 01, 2022, 03:37 PM IST
article-image
Delhi High Court | Delhi High Court website

New Delhi: The Delhi High Court on Thursday issued a notice to the Centre and others on a plea challenging the constitutional validity of various sections of the Chartered Accountants Amendment Act and the Company Secretaries Amendment Act.

Meanwhile, a plea challenging sections 21(9), 21A(6) and (7) and 21B (6) and (7) of the Chartered Accountants Act, 1949 as amended by The Chartered Accountants (CA) and Company Secretaries (Amendment) Act, 2022, was filled earlier.

A petition seeking to issue directions declaring the aforesaid provisions are ultra vires to the Constitution as being contrary to the principles enunciated in articles 14, 19(1)(g) and 21 and to quash said provisions to the extent they run contrary to the principles enunciated in the Constitution.

The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Thursday sought responses of the Union of India, the Institute of Chartered Accountants of India, the Institute of Cost Accountants of India and the Institute of Company Secretaries of India in the matter and fixed for January 20, 2023, for detail hearing.

The petitioner, Venugopal Swami B, through Advocates Biju Mattam, Hemant Singh, Chetan Garg and Ankita Bafna of Charter Law Chambers sought court direction declaring Sections 21(9), 21A(6) & (7) and 21B (6) and (7) of the Chartered Accountants Act, 1949 as amended by The Chartered Accountants and Company Secretaries (Amendment) Act, 2022 are ultra vires to the Constitution as being contrary to the law enunciated in article 14, 19(1)(g) and 21 thereof and thus, to quash said provisions.

The Centre has notified the law, passed in the last budget session of Parliament, which also received Presidential assent on April 18, 2022.

According to the Centre, the bill is with the intention of making the three institutions a lot more transparent in their disciplinary matters, and raise the quality of the disciplinary processes.

This would also facilitate India to be able to support institutions and firms which can be encouraged by the council to create something (completely of India origin) similar to the Big Four, which we periodically talk about," said the Central Government.

(To receive our E-paper on whatsapp daily, please click here. To receive it on Telegram, please click here. We permit sharing of the paper's PDF on WhatsApp and other social media platforms.)

RECENT STORIES

Sheena Bora murder trial: Used fabricated marriage certificate to get rental flat with Sheena, says...

Sheena Bora murder trial: Used fabricated marriage certificate to get rental flat with Sheena, says...

Bombay HC grants rape-accused businessman, spiritual leader anticipatory bail

Bombay HC grants rape-accused businessman, spiritual leader anticipatory bail

SC says 'Sustainable development is important ingredient in protection of environment' while...

SC says 'Sustainable development is important ingredient in protection of environment' while...

Bombay HC grants bail to Anil Deshmukh in money laundering case

Bombay HC grants bail to Anil Deshmukh in money laundering case

Mumbai court extends Sanjay Raut's custody till October 10 in Patra Chawl scam case

Mumbai court extends Sanjay Raut's custody till October 10 in Patra Chawl scam case