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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Jul 23, 2022

Landmark Judgement: Supreme Court Right to Abortion for Unmarried Women

  • In a significant decision, the Supreme Court allowed the examination of a 24-week pregnant unmarried woman by an AIIMS medical board to determine whether the pregnancy can be safely terminated without endangering her life. A bench headed by Justice D.Y. Chandrachud said letting an unmarried woman suffer an unwanted pregnancy will be contrary to the object and spirit of the Medical Termination of Pregnancy (MTP) Act. The top court noted that after the 2021 amendment, the Medical Termination of Pregnancy Act uses the word "partner" instead of "husband" in the explanation of Section 3. It added that it shows legislative intent to cover unmarried women under the Act.
  • The top court asked the director of AIIMS to constitute a medical board in terms of provisions of the MTP Act and in the event the board concludes that the foetus can be aborted without any danger to the life of the petitioner, then AIIMS should carry out the abortion. The woman challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which allows only some categories of women to seek termination of pregnancy between 20 and 24 weeks.

No Proposal to Increase Retirement Age of SC, HC Judges

  • There is no proposal to increase the retirement age of Supreme Court and High Court judges, the government informed Rajya Sabha.
  • While Supreme Court judges retire at the age of 65 years, judges of the 25 High Courts retire at 62 years.
  • The Constitution (114th Amendment) Bill was introduced in 2010 to increase the retirement age of High Court judges to 65 years. However, it was not taken up for consideration in Parliament and lapsed with the dissolution of the 15th Lok Sabha.
  • Chief Justice of India N. V. Ramana will retire on August 26.
  • Justice Uday Umesh Lalit is the senior-most judge in the top court after Justice Ramana and is next in line to be the Chief Justice of India.

Jul 22, 2022

Cabinet Approves Signing of MoU on Judicial Cooperation between India, Maldives

  • The Union Cabinet approved the signing of a memorandum of understanding (MoU) in the field of judicial cooperation, between India and Judicial Service Commission of Maldives.
  • The MoU would provide a platform to tap benefits of Information Technology for court digitisation, and can be a potential growth area for the IT companies and start-ups in both the countries.
  • This is the eighth MoU signed by India with other countries in the field of judicial cooperation.
  • With the signing of this agreement on cooperation in the field of law and justice, the good relations between the two countries would receive further impetus.

Jul 21, 2022

Collegium's Nod to Elevation of 21 Judicial Officers

  • The Supreme Court Collegium headed by Chief Justice N.V. Ramana approved the proposal for the elevation of 21 Judicial Officers as Judges in the different High Courts. The Collegium approved the proposal for the elevation of seven Judicial Officers as Judges in the Andhra Pradesh High Court. The Collegium also approved the proposal for the elevation of nine Judicial Officers as Judges in the Allahabad High Court.

Jul 20, 2022

Supreme Court Protects Nupur Sharma from Coercive Action in all FIRs over Remarks on Prophet Moha...

  • The Supreme Court protected BJP spokesperson Nupur Sharma from any coercive action in multiple FIRs registered in various parts of the country following her televised remarks about Prophet Muhammed.
  • Appearing before a Bench of Justices Surya Kant and J. B. Pardiwala, Ms. Sharma's lawyer said that there is a continuing threat to her life.
  • This time, the Bench issued notice on her plea to either quash all the cases against her or, in the alternative, transfer them from various States to Delhi in order to safeguard her right against multiple prosecutions for the same offence. The Bench has sought responses from the States of West Bengal, Uttar Pradesh, Delhi, Maharashtra and Telangana in this regard.

Jul 19, 2022

Supreme Court Collegium Reiterates Recommendation to Elevate 5 Advocates as Judges in Allahabad H...

  • The Supreme Court Collegium headed by Chief Justice N.V. Ramana reiterated its earlier recommendation for elevation of five advocates as judges in the Allahabad High Court.
  • The Collegium, which also comprised Justices U.U. Lalit and A.M. Khanwilkar, also proposed fresh names of two advocates -- Saurabh Srivastava and Om Prakash Shukla -- as judges in the Allahabad High Court.
  • The names of advocates reiterated for judges in the Allahabad High Court are Shishir Jain, Manu Khare, Rishad Murtaza, Dhruv Mathur and Vimlendu Tripathi.
  • In another decision, the Collegium has approved the proposal for elevation of judicial officer Radhakishan Agrawal and advocate Rakesh Mohan Pandey as judges in the Chhattisgarh High Court.

Rajasthan Gets AI-Powered Chatbot for Fast Disposal of Cases In Lok Adalat

  • National Legal Services Authority Chairman Uday Umesh Lalit launched the country's first AI-powered digital Lok Adalat during the 18th All India Legal Services Authorities' meet held in Jaipur. The digital Lok Adalat by Rajasthan State Legal Services Authority (RSLSA) was designed and developed by its technology partner Jupitice Justice Technologies.. The two-day event was inaugurated by N. V. Ramana, the Chief Justice of India, in the presence of Union Minister of Law & Justice Kiren Rijiju and Rajasthan Chief Minister Ashok Gehlot. India's growing case pendency has been in the headlines in the recent past, especially during the pandemic when courts came to a standstill for a while.
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