Introduction
Today's legal and governance highlights coincide with Army Day (78th), marked by the debut of specialized "Bhairav Battalions." However, the core legal developments focus on constitutional crises in the Northeast, the Supreme Court's active intervention in "Digital Arrest" scams, and significant clarifications on Intellectual Property (IP) rights regarding smartphone source codes. The analysis also covers the statutory framework of the Chakma Autonomous District Council and international disarmament mechanisms.
1. Constitutional Law: Governor's Rule in Sixth Schedule Areas
The Governor of Mizoram has extended "Governor's Rule" in the Chakma Autonomous District Council (CADC) for another six months due to political instability.
A. Constitutional Framework: The Sixth Schedule
Article 244(2): The administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram is governed by the Sixth Schedule of the Constitution.
Autonomous District Councils (ADCs): The CADC is a constitutional body with legislative, executive, and judicial powers over specific subjects (land, inheritance, customs).
Governor's Discretion: Under Paragraph 16 of the Sixth Schedule, the Governor is empowered to dissolve a District Council on the recommendation of a Commission or assume the administration of the area if the administration cannot be carried on in accordance with the Schedule.
Federal Issue: The extension was reportedly done despite the State Cabinet's opposition, raising questions about the Governor's discretionary powers versus the "aid and advice" of the Council of Ministers in Sixth Schedule matters.
2. Cyber Law & Criminal Justice: "Digital Arrest" Scams
The Supreme Court has taken suo motu cognizance of the rising menace of "Digital Arrest" frauds, where criminals pose as CBI/ED officers to extort money.
A. Judicial Intervention
Suo Motu Cognizance: A bench led by Justices Kant and Bagchi acted on a letter petition.
Amicus Curiae: Senior Advocate N.S. Nappinai has been appointed to assist the court.
Directions: The Court directed the CBI to be the nodal agency for investigation and asked the Department of Telecommunications (DoT) to tighten SIM issuance norms.
B. Legal Vacuum
"Digital Arrest": There is no provision for "Digital Arrest" under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 or the Code of Criminal Procedure (CrPC). Any such detention via video call is legally void and amounts to wrongful confinement and extortion (Section 308 BNS).
Telecom Regulations: The Court's push for stricter SIM norms highlights the failure of "Know Your Customer" (KYC) compliance under the Telegraph Act.
3. Technology & IP Law: Smartphone Source Code Disclosure
The Union Government and MAIT have clarified that smartphone manufacturers are not required to share their "Source Code" for security testing.
A. Intellectual Property (IP) Rights
Trade Secrets: Source code is a "Trade Secret" and protected IP. Mandatory disclosure would violate the Copyright Act, 1957 and international TRIPS Agreement obligations.
Security Testing: The government clarified that security reviews will rely on "black-box testing" (testing functionality without seeing code) to balance national security (under IT Rules, 2021) with Ease of Doing Business.
4. International Law: Advisory Board on Disarmament Matters (ABDM)
Senior diplomat D.B. Venkatesh Varma has become the first Indian to chair the Advisory Board on Disarmament Matters (ABDM).
A. Institutional Framework
Origin: Established in 1978 following the 10th Special Session of the UN General Assembly.
Mandate: It functions as a statutory advisory body to the UN Secretary-General on arms limitation and acts as the Board of Trustees for the United Nations Institute for Disarmament Research (UNIDIR).
Key Legal Takeaways
Constitution: Sixth Schedule & Article 244(2) (Governance of CADC).
Judicial Activism: Supreme Court Suo Motu Cognizance on Digital Arrests.
Criminal Law: Digital Arrest has no legal standing; amounts to Extortion/Cyber Fraud.
International Institution: ABDM (UN body for disarmament advice).
Policy/Statute: BioE3 Policy (Marine & Space Biotechnology framework).
Human Rights: NHRC Suo Motu action on Kanpur rape case (Statutory intervention under Protection of Human Rights Act, 1993).
Frequently Asked Questions (FAQs)
Q1: Under which Schedule of the Constitution is the Chakma Autonomous District Council (CADC) constituted?
Answer: The Sixth Schedule. It applies to the administration of tribal areas in the states of Assam, Meghalaya, Tripura, and Mizoram.
Q2: Does "Digital Arrest" have any legal validity in India?
Answer: No. Neither the Bharatiya Nagarik Suraksha Sanhita (BNSS) nor any other Indian law recognizes "Digital Arrest." Police or agencies like the CBI/ED cannot arrest a person via video conference; physical presence and a formal memo of arrest are mandatory statutory requirements.
Q3: Can the Governor assume the powers of an Autonomous District Council?
Answer: Yes. Under Paragraph 16 of the Sixth Schedule, if the Governor is satisfied that the administration of an autonomous district cannot be carried on in accordance with the provisions of the Schedule, they can assume all or any of the functions of the Council (Governor's Rule).
Q4: Is the source code of software protected under Indian law?
Answer: Yes, it is protected as a "literary work" under the Copyright Act, 1957. It is also protected as confidential information/trade secret under common law principles.
Q5: What is the primary role of the Advisory Board on Disarmament Matters (ABDM)?
Answer: It advises the UN Secretary-General on matters relating to arms limitation and disarmament and serves as the Board of Trustees for UNIDIR.