Legal Current Affairs

Important Judgments -:

1. In a significant judgment, a 5 judge Constitution Bench of Supreme Court headed by CJI

Dipak Misra in the case of Common Cause vs Union of India unanimously held that Right to
Die with dignity is a fundamental right. The Bench also held passive euthanasia and living
will as constitutionally valid.
2. In a landmark judgment, a 5 judge Constitution Bench of Supreme Court headed by CJI
Dipak Misra in the case of Navtej Singh Johar & Ors. Vs Union of India unanimously held
that Section 377 is unconstitutional, to the extent it criminalizes consensual sexual acts
between adults, whether homosexual or heterosexual. In simple words, it only
decriminalizes consensual sexual acts between two adults, both homosexual and
heterosexual. The ruling was made on the basis of Art 14, 15 and 21 of the Constitution.
3. In a landmark judgment, a 5 judge Constitution Bench of Supreme Court headed by CJI
Dipak Misra in the case of Justice K. S. Puttaswamy (Retd.) vs. Union of India upheld the
constitutional validity of Aadhaar, but with certain riders. The court held that Aadhaar is
compulsory for PAN card, Income Tax Returns, and availing subsidies from the government.
It disallowed the linking of Aadhaar with bank accounts, mobile number, school admissions,
and private companies. The court also upheld passing of Aadhaar Act as Money Bill. The
judgment was delivered by a majority of 4:1, with Justice D Y Chandrachud dissenting with
the other judges. The Aadhaar case was the second longest case in the history of Supreme
Court, after Kesavanand Bharti case.
4. In a landmark judgment, a 5 judge Constitution Bench of Supreme Court headed by CJI
Dipak Misra in the case of Joseph Shine vs. Union of India unanimously decriminalized the
offence of Adultery. The court struck down 158-year-old Section 497 of the Indian Penal
Code. The court also held that adultery should continue to be treated as civil wrong, and
can be grounds for dissolution of marriage or divorce.
5. In another path-breaking judgment, a 5 judge Constitution Bench of Supreme Court headed
by CJI Dipak Misra in the case of Indian Young Lawyers Association & Others vs. State of
Kerala allowed the entry of women of all ages in the Sabarimala Temple of Kerala, ending
a ban that prevented women and girls between 10 and 50 years from entering the shrine
that draws millions of pilgrims every year. For decades, women of menstrual age were
restricted from entering the temple as its presiding deity, Lord Ayyappa, is considered to be
a celibate. The judgment was delivered by the majority of 4:1, the lone woman judge on
the bench Justice Indu Malhotra gave a dissenting opinion. A Review Petition was filed in
the case later, which was heard in the Open Court. The court has reserved its judgment on
the Review Petition on Feb 6, 2019.
6. A five-Judge Constitution Bench of the Supreme Court headed by Chief Justice Dipak Misra
in the case of Public Interest Foundation vs. Union of India held that candidates cannot be
disqualified merely because charges have been framed against them in a criminal case. The
bench, however, issued a slew of directions with the objective of reducing criminalization of
politics. The bench has urged the legislature to consider framing law to ensure
decriminalization of politics. The court directed that all candidates contesting elections
must state pending criminal cases against him in bold letters in the election nomination
form. He must also inform about his criminal cases to his political party and party shall give
wide publicity to it by putting it on its website.
7. A five-judge Constitution Bench of the Supreme Court headed by Chief Justice Dipak Misra
in the case of Jarnail Singh vs. Lachhmi Narain Gupta ruled that creamy layer test can be
applied in promotion of SCs and STs. It also held that a constitutional court is empowered to
strike down any reservation meant for a creamy layer among the most backward classes.
8. In another 5 judge bench case of Govt. of NCT of Delhi V. Union of India & Anr., the
Constitution Bench of the Supreme Court held that the Lieutenant-General of the Delhi had
to act as per the aid and advise of the Council of Ministers of Delhi Government except in
matters of land, police and public order.
9. A three-judge Bench in Ram Mandir - Babri case, comprising CJI Misra and Justices Ashok
Bhushan and S. Abdul Nazeer ruled by a 2:1 majority, that the question of a Mosque’s
essentiality In Islam for offering Namaz need not be referred to a larger Bench.
10. In another significant judgment, a 3 judge bench of the Supreme Court headed by Chief
Justice Dipak Misra in the case of Swapnil Tripathi vs. Supreme Court of India allowed the
live streaming of the proceedings of Supreme Court in larger public interest. Senior
Advocate Ms. Indira Jaising was the second petitioner in this case.
11. In Shafin Jahan v Asokan K. M. & Ors., a 3 judge bench of Supreme Court headed by CJI
Dipak Misra held that Right to Change Faith is a part of Fundamental Right of Choice. The
case was famously known as “Hadiya Case”.
12. In Bar Council of India v A. K. Balaji & Others, a 2 judge bench of Supreme Court held that
foreign law firms cannot set up offices in India or practice in Indian Courts. But they can give
advice to Indian clients on 'fly in and fly out' mode in temporary basis.
13. On 23rd October 2018, Supreme Court in the case of Arjun Gopal v. Union of India has ruled
against imposing complete ban on firecrackers but has said that only less polluting green
crackers can be sold, that too only through licensed traders. The Court has banned online
sale of firecrackers, and also fixed duration for bursting of crackers which cannot exceed
two hours a day.
14. On 20th November 2018, a Delhi court awarded death penalty to convict Yashpal Singh and
ordered life imprisonment to another, Naresh Sherawat, for killing of two men during the
1984 anti-Sikh riots. This is the first Death Sentence awarded in a Case related to 1984
Anti-Sikh Riots.
15. Delhi High Court convicted Congress leader Sajjan Kumar in 1984 anti-Sikh riots case and
imprisoned him for life. This is the first major conviction in the 34 year old case. Kumar
surrendered before the court on 31st December 2018.
16. In a path breaking judgment, Delhi High Court gave another protection to Transgenders by
allowing sexual harassment complaint against them to be registered under Sec 354A of IPC.
Important Legislations Notified -

1. Prevention of Corruption (Amendment) Act, 2018 - It makes bribery a direct offence, but a
person who is compelled to give a bribe will not be charged with the offence if he reports
the matter to law enforcement authorities within seven days.
2. Criminal Law (Amendment) Act, 2018 - The Act enhances the punishment of rape of a
woman to a minimum of ten years imprisonment from seven years imprisonment. Further,
rape of a woman aged 16 years is treated as an offence separate from the rape of a woman
aged 12 years. The rape of a woman aged 16 years attracts a minimum punishment of 20
years imprisonment, and the rape of a woman aged 12 years is punishable with death
penalty.
3. Fugitive Economic Offenders Act, 2018 - The Act allows a person to be declared as a
Fugitive Economic Offender (FEO) if: (i) an arrest warrant has been issued against him for
any specified offences where the value involved is over Rs 100 crore, and (ii) he has left the
country and refuses to return to face prosecution.
4. National Sports University Act, 2018 - The Act establishes a National Sports University,
which will be headquartered in Manipur. The University will undertake research on physical
education, strengthen sports training programmes, and collaborate internationally in the
field of physical education.
5. Indian Institute Of Petroleum and Energy Act, 2017 - The Act establishes the Indian
Institute of Petroleum and Energy, Vishakhapatnam, Andhra Pradesh, and declares it an
institution of national importance. The Institute aims to provide high quality education and
research focussing on the themes of petroleum, hydrocarbons and energy.
6. Personal Laws (Amendment) Act 2019 – The Act removes leprosy as a ground for divorce. It
amends five Acts: (i) the Divorce Act, 1869, (ii) the Dissolution of Muslim Marriage Act,
1939, (iii) the Special Marriage Act, 1954, (iv) the Hindu Marriage Act, 1955, and (v) the
Hindu Adoptions and Maintenance Act, 1956.
7. Constitution (103rd Amendment Act) 2019 – The 103rd Amendment of the Constitution
provides 10% reservation for Economically Weaker Section of citizens other than SCs, STs,
and OBCs.

New Judges Appointed in Supreme Court -

1. Justice Indu Malhotra – First woman lawyer to directly become Supreme Court Judge.
2. Justice Indira Banerjee
3. Justice Vineet Saran
4. Justice K. M. Joseph
5. Justice Hemant Gupta
6. Justice R. Subhash Reddy
7. Justice M. R. Shah
8. Justice Ajay Rastogi
9. Justice Dinesh Maheshwari
10. Justice Sanjiv Khanna – Likely to become Chief Justice of India in Nov 2024.
11. Justice B. R. Gavai – Likely to become Chief Justice of India in May 2025.
12. Justice Surya Kant - Likely to become Chief Justice of India in November 2025.
13. Justice Aniruddha Bose
14. Justice A S Bopanna

Judges Retired from Supreme Court –

1. Justice Amitava Roy

2. Justice R. K Agrawal, later appointed as President of National Consumer Disputes Redressal
Commission (NCDRC)
3. Justice Jasti Chelameswar
4. Justice Adarsh Kumar Goel, later appointed as Chairperson of National Green Tribunal
5. Chief Justice Dipak Misra, retired on 2nd October 2018
6. Justice Kurian Joseph
7. Justice Madan Bhimrao Lokur, later appointed as Non-Resident Judge of Supreme Court of
Fiji.
8. Justice Arjan Kumar Sikri, later appointed as Chairperson of News Broadcasting Standards
Authority.
Miscellaneous News from Legal World –

1. On 12th January 2018, 4 senior most judges of Supreme Court – Justice Jasti Chelameswar,
Justice Ranjan Gogoi, Justice Kurian Joseph, Justice Madan Bhimrao Lokur; jointly hold first
ever press conference by sitting Supreme Court judges in the history of India. The press
conference was conducted to express their displeasure on allotment of cases by then CJI
Dipak Misra.
2. On 20th April 2018, seven opposition parties including Congress (I) moved a removal motion
of then CJI Dipak Misra to the Vice President M Venkaiah Naidu. The petition was rejected
on 23rd April 2018 on the ground that complaints were about internal administration of
Supreme Court and not on misbehavior.
3. In Aug 2018, then CJI Dipak Misra inaugurated Hubbali Court complex. The court-complex is
the largest model taluk-level court building in the entire country, having been built on 5
acres and 15 guntas.
4. On 3rd October 2018, Justice Ranjan Gogoi became the Chief Justice of India. He was
administered oath by the President Shri Ramnath Kovind at Rashtrapati Bhawan. Justice
Gogoi is the 46th Chief Justice of India, and first Chief Justice from the North-East.
5. On 10th October 2018, Additional Solicitor General Tushar Mehta has been appointed as the
new Solicitor General Of India by the President of India. The Appointment Committee Of
Cabinet has approved the appointment with effect from the date of assumption of charge
of the office for a period till June 30, 2020, or until further orders.
6. Advocate Madhavi Divan has been appointed as the Additional Solicitor General (ASG) in
the Supreme Court, becoming only the third woman to become an ASG in the Apex Court.
7. On 1st January 2019, separate High Courts for Telangana and Andhra Pradesh came into
existence. Justice Thottathil B Radhakrishnan took over as the first Chief Justice of the
Telangana High Court in Hyderabad, while Justice Chagari Praveen Kumar took oath as the
Acting Chief Justice of the Andhra Pradesh High Court at Vijayawada. The new Andhra
Pradesh High Court now functions from Amravati, while Telangana High Court functions
from Hyderabad. Andhra Pradesh HC is 25th High Court of India.
8. On 8th February 2018, Prime Minister Narendra Modi inaugurated a circuit bench of
Calcutta High Court at Jalpaiguri. The bench was operationalized on 9th March 2019.
9. In March 2019, Supreme Court referred Ram Janmabhoomi and Babri Masjid land dispute
to a 3-member mediation panel comprising Justice FM Kalifulla; Former Supreme Court
Judge, Sri Sri Ravi Shankar and Senior Advocate Sriram Panchu. Among Hindu parties, only
Nirmohi Akhada supported the idea of court-monitored mediation. The mediation has
begun in Faizabad (UP).
10. Retired Justice Pinaki Chandra Ghose has been appointed as 1st Lokpal of India.
11. Justice Sharad Arvind Bobde has been appointed as Executive Chairman of NALSA
(National Legal Services Authority).
12. In April 2019, a former women staff member who was posted at CJI’s residence put
allegations of sexual harassment on Chief Justice Ranjan Gogoi. An In-house Inquiry
Committee has been set up in the case with Justice S. A. Bobde as its head and two women
judges Justice Indu Malhotra and Justice Indira Banerjee. The committee has given clean
chit to the CJI.
13. President appoints Justice Dhirubhai Naranbhai Patel as the new Chief Justice of Delhi High
Court. He was administered the oath of office by LG Anil Baijal on 7th June 2019.