feb CLK

February 2025 Legal Current Affairs Monthly Roundup

Important Topics Overview

• Supreme Court stays Lokpal orders on High Court

• Rajasthan Anti-Conversion Bill

• Bombay High Court allows termination of pregnancy beyond 24 weeks

• Chhattisgarh High Court: Unnatural offences with wife is not rape

• Advocates Amendment Bill, 2025

• Appointment of Chief Election Commissioner

Supreme Court Rulings and Issues

Can Lokpal Investigate High Court Judges?

• Former SC Judge A.M. Khanwilkar ruled that Lokpal can hear complaints against former High Court judges under the Lokpal and Lokayuktas Act, 2013.

• Justices B.R. Gavai, Surya Kant, and A.S. Oka of SC took suo moto cognizance and ruled that Lokpal has no authority over High Court judges.

Criminal Cases Against Judges

• Section 77 of IPC states judges cannot be charged for offenses related to their official duties.

• Landmark case: K. Veeraswami v. Union of India (1991) requires the President's sanction after Chief Justice's consultation for any criminal case against judges.

Lokpal Overview

Legal Provision

• Lokpal is an anti-corruption body under the Lokpal and Lokayuktas Act, 2013.

• Sections define public servants under which several categories, including High Court judges, may be included.

Contentions of Lokpal

• SC and CJI outside Lokpal’s ambit as established by the Constitution (Article 124).

• High Courts established under the High Courts Act, 1861, and the Government of India Act, 1935.

• Lokpal stated it would be "appropriate" to seek guidance from the Chief Justice before proceeding with inquiries.

Supreme Court's Concerns

• Concerns included:

  • Judicial Independence

  • Separation of Powers

  • Protection from Harassment

  • Potential for Political Pressure

  • Contradiction to constitutional provisions

Rajasthan Anti-Conversion Bill

Overview of Anti-Conversion Bill

• Article 25 of Indian Constitution guarantees the right to practice, profess, and propagate religion.

• Aims to prevent fraudulent conversions while balancing religious freedom.

Main Features of the Bill

• Burden of proof lies on the accused to show conversion was lawful.

• FIRs can be filed by close relatives in suspected cases.

• Classified offences as cognizable and non-bailable.

Legal Specifications

• Punishments:

  • General unlawful conversion: 1 to 5 years imprisonment and Rs 15,000 fine.

  • Conversion of minors or SC/ST: 2 to 10 years imprisonment and Rs 25,000 fine.

  • Mass conversions: 3 to 10 years imprisonment and Rs 50,000 fine.

• Double punishment for repeat offenders.

Procedures for Voluntary Conversion

• Declaration form to be submitted 60 days in advance to District Magistrate (DM).

• Notice to DM by the person performing the conversion ceremony 30 days prior.

• An inquiry into the intention of conversion required, with a verification appearing before the DM.

Unnatural Sex Ruling - Chhattisgarh HC

Key Case Overview: Gorakhnath Sharma vs State of Chhattisgarh (2017)

• Case involved unnatural sex resulting in the wife's death.

• Post-mortem clarified death was due to injuries resulting from forced unnatural acts.

• Dying declaration of victim recorded.

Legal Provisions Relevant to the Case

• Rape defined under Section 375 of IPC, with exceptions related to marital rape.

• Section 377 outlines criminalization of non-consensual unnatural acts.

Acquittal Reasons

• Inconsistency between Exception 2 of Sec. 375 and Sec. 377 led to charge quashing.

• Dying declaration lacked mention of specific injuries according to Section 304 charges.

Advocates Amendment Bill, 2025

Overview

• Legal profession governed by Advocates Act, 1961.

• The draft seeks alignment of legal profession and legal education to modern demands.

Key Features

• Nomination of up to 3 members to the Bar Council of India by the Central Government.

• At least 2 women members required in Bar Council.

Prohibitions and Regulations

• Section 35A prohibits strikes or boycotting court operations that disrupt proceedings, with penalties for misconduct.

• Section 24A restricts enrollment of convicted lawyers for over 3 years.

Foreign Law Firms

• Inclusion of foreign law firms and legal professionals permitted, rules governed by the Central Government.

Enhanced Accountability

• Periodic verification of advocate credentials.

• Establishment of a Public Grievance Redressal committee for oversight on grievances.

Medical Termination of Pregnancy

Key Ruling by Bombay High Court

• Allowed a woman to undergo termination of pregnancy at 25 weeks, beyond the 24-week limit stipulated by MTP Act, 1971.

• Decision based on medical needs and legal rights.

Classification of Pregnancy Termination Guidelines

• Up to 20 weeks: 1 registered medical practitioner

• 20-24 weeks: 2 registered medical practitioners

• Beyond 24 weeks: need for specific cases like medical emergencies

Appointment of Chief Election Commissioner

Gyanesh Kumar Appointed as CEC

• Constitutional Provisions:

  • Articles 324-329 structure CEC and Election Commissioners.

  • Tenure: 6 years or age of 65, whichever is earlier.

Appointment Changes

• Appointment made by the President but now involves a selection committee including the PM, CJI, and Leader of Opposition.

Legislation Overview

• Chief Election Commissioner and Other Election Commissioners Act, 2023 passed by Parliament in December 2023.