Legal Bites December 2023: Monthly Legal Updates

Here are Legal Bites December 2023 monthly GK updates. The notable happenings of the months were related to the IBBI, the Supreme Court verdict on Article 370 Abrogation, the enactment of three new criminal laws, and so on. We have covered all the happenings in the gist so that it helps the readers to remember all legal and current updates about December 2023 most efficiently and easily.

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Key Highlights: Legal Bites December 2023

1. Important Judgments of Delhi High Court (2023) - Legal Bites Year Update

2. Important Judgments of 2023: Legal Bites Year Update

3. Case Review: Supreme Court Verdict on Article 370 Abrogation

4. Case Analysis: Nanhe v. State of U.P. (2023) | Intoxication in Murder Case

Legal Updates and Current Events Test Series 2023: Practice MCQs about recent legal and current issues covering national and international aspects along with a detailed explanation for all competitive exams.

Legal Bites December 2023: Monthly Legal GK Updates

1. The Supreme Court dismisses a petition against taxi aggregators and warns against business-driven activism. (1st December)

The Supreme Court rejected a petition submitted by social activists seeking regulation of app-based cabs aggregators, highlighting the possible effect of economic interests in such petitions. CJI DY Chandrachud stated that the court won’t get involved with Article 32 at the request of social activists and advised them to reach out to the government instead. The PIL sought cab service regulating measures within the Motor Vehicles Act, handling issues such as security, overcharging, and ride cancellations. The court’s approach indicates an unwillingness to hear cases with purposes other than public good, diverting such concerns to governmental channels.

2. Jitesh John has been selected as the new Executive Director of the Insolvency and Bankruptcy Board of India (IBBI). (1st December)

Jitesh John began his new post at IBBI on December 1, 2023. He formerly worked in the Department of Power as an Economic Advisor. Sandip Garg has been appointed as a full-time member of IBBI by the government’s Ministry of Corporate Affairs. The appointment is in effect for five years, or until he reaches the age of 65, whichever comes first.

Sandip Garg took office as IBBI Full Time Member on October 27, 2023, and his term would last five years. Garg had also worked for the Indian Revenue Services. He was also the Executive Director of IBBI.

3. Advocates (Amendment) Bill, 2023, about repealing certain sections related to touts under the outdated Legal Practitioners Act, 1879. (4th December)

The Advocates (Amendment) Bill, 2023, The Lok Sabha has approved the bill which repeals the Outdated Legal Practitioners Act. The Lok Sabha has passed the Advocates (Amendment) Bill, 2023, which aims to repeal the Legal Practitioners Act of 1879 and amend the Advocates Act of 1961. The bill, established by Union Minister Arjun Ram Meghwal, is in line with the government’s desire to repeal outdated laws and pre-independence statutes. It replaces the obsolete Legal Practitioners Act with the Advocates Act but keeps rules relating to court touts. Furthermore, the measure incorporates Section 36 of the 1879 Act within the Advocates Act, 1961, minimizing superfluous acts and fostering a more consistent legal structure.

4. BCCI Files for Corporate Insolvency opposing Byju's for Over 158 Crore in Unpaid Dues. (3rd December)

The Board of Control for Cricket in India (BCCI) recently filed a corporate insolvency petition against EdTech behemoth Byju's for an allegedly 158 crore fail in sponsorship checks for the Indian cricket team’s jerseys. The National Company Law Tribunal (NCLT) in Bengaluru served Byju’s along with a notice requiring a response within two weeks. The dispute stems from a sponsorship agreement which started in 2019 and was extended until 2023. Byju’s earlier declared the non-renewal of their BCCI sponsorship arrangement due to financial difficulties. The next hearing on the issue has been scheduled for December 22, with notifications indicating ongoing settlement talks between Byju’s and BCCI.

5. The Rajya Sabha has passed the Post Office Bill, which amends the 125-year-old Indian Post Office Act. (4th December)

While the opposition highlighted aspects that potentially violate the right to privacy, Minister Ashwini Vaishnaw concentrated on the NDA regime’s overhaul of postal systems. On Monday, the Rajya Sabha enacted the Post Office Bill, which replaced and repeals the Post Office Act of 1898. According to the authorities, the Bill will safeguard the Postal Department’s effective operation as a transportation service and a provider of financial services.

6. Representation of Women Rises in  State Assemblies. (4th December)

In 4 of the 5 states wherein state elections were just held, the proportion of women MLAs has increased dramatically. Chhattisgarh, Telangana, Mizoram, and Madhya Pradesh (MP) voted more women than in the previous assembly elections, the most in the state’s electoral history. Only Rajasthan experienced a slight decrease in these figures. In each of these 5 states, 79 female candidates were elected to 678 seats, accounting for 11.6% of all winners.

The majority of women who won were fielded by major national and regional parties; of the 180 candidates, 42.7% won, while 41.7% finished second. Only two independent candidates, both from Rajasthan, were elected.

7. The RBI has revoked the license of Kolhapur’s Shankarrao Pujari Bank. (4th December)

The Reserve Bank of India (RBI) has revoked the license of Shankarrao Pujari Nutan Nagari Sahakari Bank. Stopping Operations: Due to insufficient capital and earning potential, the cooperative bank has been directed to suspend all banking operations. Sections 5(b) and 56 of the Banking Regulation Act of 1949 were violated, as were Sections 11(1) and 22(3)(d).

The RBI directs the Commissioner for Cooperation to deliver a winding-up order and appoint a liquidator. The Reserve Bank of India levies monetary fines on four other cooperative banks for compliance with regulations violations.

8. Since 2018, there has been an upsurge in crimes against women and scheduled castes: NCRB (4th December)

In 2022, almost 57,000 cases involving crimes against specified castes were registered, averaging 158 per day. According to new data from the National Crime Records Bureau, such offences climbed by nearly 35% between 2018 and 2022.

Data analysis reveals that six states, which account for 50% of the country’s classified caste population, account for more than 76% of all caste-related crimes. While Uttar Pradesh reported 27% of similar crimes, Rajasthan reported 15%, Madhya Pradesh reported 13%, Bihar reported 11%, and Odisha and Maharashtra both reported 5%.

9. The Supreme Court underlined Section 6A of the Citizenship Act, which confers Indian citizenship to Assam accord

 (5th December)

Immigrants were implemented in response to crimes committed against East Bengal’s population following the 1971 Bangladesh independence war. In response to constitutional arguments, the Court dismissed the comparison to a broad amnesty for illegal immigrants. The Constitution benches, headed by Chief Justice DY Chandrachud, emphasized the historical background and argued for a frozen-in-time interpretation. The hearing, which is contesting the legality of Section 6A, is significant to the National Register of Citizens (NRC) list that will keep going.

10. The Central University Amendment Bill 2023 has been tabled in the Lok Sabha. (7th December)

This bill was introduced in the House by Union Minister of Education Dharmendra Pradhan. The Bill proposes to alter the Central Universities Act of 2009 to establish the Sammakka Sarakka Central Tribal University in the Mulugu District of Telangana. In the following years, the suggested university will realise the region’s regional goals. A clause of Rs 889.07 crore will be made for this. In addition, the University will encourage higher learning by offering instructional and research resources on the country’s tribal cultural traditions and practices. The Andhra Pradesh Reorganisation Act of 2014 requires the state to create a Central Tribal University.

11. Reservation Policy Does Not Apply to Government-Employed Law Officers: Madras High Court (7th December)

The Madras High Court has declared that the reservation policy imposed by the provisions of Article 16 of the Constitution does not apply to government-employed legal officers. The Court emphasised that law officers are not civil servants, and their appointment depends upon legal experience and aptitude, with the government obligated to pick the best-qualified practitioners. The decision was made in reply to a Public Interest Litigation (PIL) that sought horizontal and vertical reservations for women, Scheduled Castes (SC), and Scheduled Tribes (ST) communities as law officer recruitment. The Court dismissed the petition

12. The Lok Sabha approves bills to extend reservations in the Jammu and Kashmir Assembly, occupations, and education. (6th December)

The Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, providing reservations in the Union Territory’s legislative assembly, employment opportunities, and educational facilities, have been approved by the Lok Sabha. The reservation amendment expands provisions for Scheduled Castes and Tribe and other socially and academically disadvantaged groups under the Jammu and Kashmir Reservation Act, 2004. The reorganization amendments alter the Jammu and Kashmir Reorganisation Act, 2019, expanding legislative assembly seats to 90 and providing seven seats to Scheduled Castes, nine seats to the Scheduled Tribes, and provisions for migrant & displaced persons participation.

13. CBIC established the Indo-Korea Electronic Origin Data Exchange System. (6th December)

On December 6, 2023, the respected Chairman of the Central Board of Indirect Taxes and Customs (CBIC), launched the India-Korea Electronic Origin the exchange of data System in New Delhi. Mr. KO Kwang Hyo, Commissioner of the Korea Customs Service, and his delegation attended the ceremony.

EODES proposes to simplify the execution of the India-Korea Comprehensive Economic Partnership Agreement (CEPA) by allowing the customs administrations of both countries to share origin information electronically for products traded under the CEPA. The technology allows an exporting customs office to electronically share fields for data in a Certificate of Origin with the importing customs administration immediately after the certificate is issued. This electronic exchange speeds up the clearance of imported items.

14. The first Indian Art, Architecture, and Design Biennale (IAADB) 2023 was launched at Red Fort by Prime Minister Narendra Modi. (8th December)

It was the first Architecture & Design Biennale, as well as the launch of the ‘Aatmanirbhar Bharat Centre for Design’ and the Samunnati Student Biennale. During the opening event, Shri Modi opened the ‘Aatmanirbhar Bharat Centre for Design’ and examined the exhibition, emphasising the historical significance of the Red Fort. The development of cultural venues in five major metropolitan areas, including New Delhi, Kolkata, Mumbai, Ahmedabad, and Varanasi, was cited as a historic move towards cultural enrichment in these cities.

15. In a case challenging the BJP’s Lotus Symbol, the Madras High Court is seeking a 20,000 deposit. (8th December)

Mr T Ramesh, leader of the Ahimsa Socialist Party, was ordered by the Madras High Court to deposit 20,000 by December 18 to show bona fide. According to Ramesh, the lotus is India’s national flower, and giving it to a party of politics is a “disgrace to national integrity.” If the case is settled, the deposit may be forfeited, according to the court. The petitioner contends that other parties have been treated unfairly. The hearing is set for the 18th of December and the judicial system will determine Ramesh’s sincerity in the matter.

16. Vacancies at the Tribunal Continue Because of Control Dispute Over Appointments, According to CJI DY Chandrachud. (8th December)

During the inauguration of the Central Administrative Tribunal (CAT)’s new office buildings in Mumbai, Chief Justice of India DY Chandrachud noted issues in the recruitment of judges to tribunals. He spoke about the long-standing vacancy and the ongoing battle for power over judicial appointments. The CJI appreciated the CAT’s commitment to expediting the delivery of justice in matters related to service and emphasised the importance of inclusive and accessible judiciary infrastructure. Chief Justice Chandrachud recognised the judiciary’s infrastructure deficiencies and emphasised the significance of continual improvement.

17. The Lok Sabha will debate the findings of the Ethics Committee, which recommends Mahua Moitra’s dismissal. (8th December)

A comprehensive report delivered to the House on Friday by the Ethics Committee recommended the removal of TMC MP Mahua Moitra from the Lok Sabha and a government investigation into the cash-for-query scam. That’s the first time an elected MP has been removed from the House at the suggestion of the Lok Sabha Ethics Committee. The House must vote in support of the panel report to guarantee that Moitra, who is accused of granting Darshan Hiranandani access to her Lok Sabha portal email in exchange for monitory perks and then using it to pose queries against the Adani group, gets removed from the Council of Representatives.

18. When the fingerprints are not available the iris scan will be held enough said by the government of India (9th December)

Individuals with smudged fingerprints or other infirmities, such as Jose, should acquire Aadhaar by using substitute biometrics, according to the guideline sent to Aadhaar Service Kendras. Eligible individuals who are unable to furnish fingerprints may enrol using iris scans exclusively, and vice versa. If a person cannot give their finger and eye biometrics, they continue to enlist, with the data that can be taken and the missing biometrics highlighted.

19. The Delhi High Court has questioned the feasibility of implementing a common school curriculum across India. (11th December)

The High Court of Delhi addressed the feasibility of directing the implementation of a single school curriculum in the mother tongue in every Indian school. In response to a petition filed by BJP leader Ashwini Upadhyay, the court stated that education is covered by the Constitution’s Concurrent List and that every state maintains a separate educational board and curriculum of its own. The court expressed worry about limiting states’ ability to have alternative curricula, citing states’ autonomy in education affairs. Upadhyay argued in favour of a single curriculum, emphasising equal opportunity and citing a Supreme Court judgement on the subject. The matter will be reheard on May 14.

20. Supreme Court Verdict on Article 370 Abrogation. (11th December)

A Supreme Court Constitution Bench led by Chief Justice of India DY Chandrachud unanimously upheld the Central government’s decision to repeal Article 370, which provided the erstwhile state of Jammu and Kashmir unique status. The court ruled that the provisions of Article 370 had been a transitory provision adopted in part due to the region’s wartime situation. 

21. Bill on the appointment of Chief Election Commissioner and Elections Commissioner Passed by Rajya Sabha (12th December)

The Rajya Sabha has approved and passed both the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023. The measure, tabled in response to a Supreme Court decision emphasising a legal vacuum in the nomination of Election Commissioners, specifies that the Prime Minister would chair the selection panel for the Chief Election Commissioner and Election Commissioners.

The Union Cabinet Minister and the opposition Opposition leader of the Lok Sabha will also serve on the committee. The law includes changes to the search committee’s composition, allowances, conditions of service, dismissal procedures, and legal protection for CECs and ECs. The Indian Supreme Court had earlier recommended enacting legislation governing Election Commission selections and establishing an ongoing office for the Electoral Commission of India.

22. The Lok Sabha approves bills establishing 33% of seats in the Legislative Assemblies of Jammu and Kashmir and Puducherry for women. (12th December)

Both the Bills, the Government of Union Territories (Amendment) Bill, 2023 and the J&K Reorganisation (Second Amendment) Bill, 2023, have been passed by the Lok Sabha. These measures, presented by Union Minister of State for Home Affairs Nityanand Rai, seek to reserve 33 per cent of seats in the Jammu and Kashmir and Puducherry legislative assembly for women. This legislative action follows the recent approval of measures in Parliament instituting reservation procedures in the Union Territory of J&K across multiple sectors. A Women’s Reservation Bill was also approved earlier, preserving one-third of seats in Parliament and state legislatures for women.

23. Amit Shah, the Union Home Minister, unveiled redrafted criminal legislation. (12th December)

In the Lok Sabha, the Union Home Minister, Amit Shah, introduced three redrafted Bills to replace the old British-era criminal statutes. The revised bills include revisions suggested through the parliamentary committee. The Indian Penal Code will be replaced by the Bharatiya Nyaya Sanhita Bill (BNSS), 2023. The Bharatiya Sakshya Bill, 2023, and the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 are going to remove the Indian Evidence Act, and the Code of Criminal Procedure.

24. Derek O’Brien, a Rajya Sabha MP, and 14 Lok Sabha MPs have been expelled because of “unruly behaviour” and “misconduct.” (14th December)

15 opposition MPs, 14 of the Lok Sabha and one from the Rajya Sabha were recently suspended over Parliament for “unruly” behaviour. Nine suspended MPs are from the Congress party, two from the CPM, two from the DMK, and one from the CPI. The Lok Sabha passed a motion suspending five Congress lawmakers for the duration of the winter session.

25. Kerala Government Challenges Centre's Borrowing Ceiling in SC. (14th December)

Kerala government contests the Central government’s borrowing limits, claiming it violates fiscal federalism principles, causing a severe budget crisis. The government of Kerala has taken a crucial step by petitioning the Supreme Court to challenge the Central government’s imposition of borrowing limitations. The state claims that this action has driven the budget into a serious crisis, breaking fiscal federalism principles.

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26. Booking.com’s use of the MakeMyTrip trademark in Google advertisements is not an infringement. (14th December)

The Delhi High Court: According to the Delhi High Court, mere possession of trademarks on the Google advertising programme cannot be considered infringement or passing off according to the Trade Marks Act, 1999. The Division Bench emphasised that the adoption of trademarks as terms by rivals that do not cause confusion or deception does not constitute infringing use.

The ruling came in response to Google’s appeals of an interim injunction prohibiting Booking.com from betting on MakeMyTrip’s trademark in Google’s advertising network. The Court determined that Booking.com’s use of MakeMyTrip’s trademarks as terms does not result in an undue advantage.

27. The Delhi High Court has refused to hear a writ petition to carry out the Women’s Reservation Bill before the 2024 elections. (15th December)

The Delhi High Court has turned down a writ petition seeking to have the Women’s Reservation Bill 2023, which guarantees 33% reservation of women in the Lok Sabha, implemented before the 2024 general elections. Given the extended ambiguity surrounding the delimitation process, the petitioner, a Delhi-based lawyer, sought the court with the appeal, seeking orders from the Central government to carry out an expedited execution of the bill. The court, however, determined that the relief sought was more akin to a PIL (Public Interest Litigation) and recommended the petitioner to file a Public Interest Litigation (PIL) instead.

28. Calcutta High Court Makes ‘Dragon Legal Speech Recognition Software’ available to the judicial officers of West Bengal and the Andaman and Nicobar Islands. (15th December)

Dragon Legal Speech Recognition Software has been supplied to court officers in West Bengal and the islands of Andaman and Nicobar by the Calcutta High Court. The cutting-edge software, which is powered by AI, is intended to assist court officers in their daily duties, particularly when support staff including stenographers are unavailable.

The programme seeks to improve efficiency and reduce reliance on support people by turning words that are spoken into correct written content, while also assuring confidentiality and versatility in completing chores. The High Court recently distributed 1,000 laptop computers to judicial officers.

29. The Supreme Court has allowed MP civil judge applicants who have been harmed by the 3-year practice requirement to sit for the exam. (15th December)

The Supreme Court provided interim relief to the state of Madhya Pradesh judicial services applicants who were dissatisfied with a rule that required three years of law practice to fulfil the eligibility condition to compete for the civil judge test. After the High Court of Madhya Pradesh was assured that the regulation requiring years of experience wouldn’t be implemented for the time being, the court ruled that all such candidates be allowed to participate in the exam & selection process on a provisional basis. The petitioners were allowed to withdraw their applications while remaining free to contest the rule’s legitimacy in the High Court of MP.

30. The Delhi High Court prohibits VBRO Skincare from copying WOW Skin Science goods by using “Just Looking Like a WOW”. (16th December)

The Delhi High Court has issued an interim order prohibiting VBRO Skincare from making or selling skincare products having packaging or layouts identical to people utilised by WOW Skin Science. The court determined that VBRO’s products copied WOW Skin Science’s products, and therefore barred VBRO from employing marks such as ‘WQVV’ or any other mark confusingly similar to the ‘WOW’ trademark. The court also asked Flipkart, Amazon, and Snap deal to remove VBRO product listings within 72 hours.

31. Police discover shards of a burned phone, and evidence destroying charges will be added in a case including an invasion of Parliament. (17th December)

The Delhi Police collected fragments of some damaged and burned mobile phones from Nagpur four days following when Parliament’s safety was violated, an official informed on December 17. The police added IPC sections relating to evidence destruction to the accused’s FIR. According to an officer with knowledge of the investigations, a few parts of mobile phones were retrieved on December 16. The significance of the security lapse in Parliament, Prime Minister Modi, said, cannot be overstated, and he asked for no wrangling over the issue despite Opposition protests in Parliament.

32. The Telecommunications Bill 2023 was proposed. (18th December)

The Telecommunications Bill 2023, which was submitted to parliament on Monday (18 December), proposes to give the central government broad authority and oversight over communication networks. Although the measure does not directly name internet-based communication services, the legislation’s ambiguous terminology may have consequences for online services such as WhatsApp, Gmail, Zoom, and others.

33. Rape will be rape, even if committed by the husband, according to the Gujarat High Court. (18th December)

According to the Gujarat High Court, rape is rape even if perpetrated by the victim’s husband, and marital rape is criminal in several nations. Justice Divyesh Joshi emphasised the importance of changing social attitudes that trivialise offences such as stalking and eve-teasing.

The court emphasised the need to lift the silence on sexual assault and the role of men in preventing and addressing violence against women. These comments were delivered when denying a bail application in connection with a case of harassment and sexual assault within a family.

34. Aadhaar Based System For Child Verification. (17th December)

The future data protection guidelines in India want to employ an Aadhaar-based approach to verify children’s age and acquire parental approval for accessing online services. This action is part of the implementation of the Electronic Personal Data Protection Act, which was announced more than four months ago. Parents can use the first way by adding their children’s Aadhaar details for the Digi Locker platform, which allows platforms to confirm a user’s age without having the Aadhaar credentials. The Aadhaar database provides a simple yes/no response,

35. The Post Office Bill, 2023 is passed by the Lok Sabha. (18th December)

The Post Office Bill 2023, was passed by the Lok Sabha to substitute the Indian Post Office Act of 1898. Concerns have been expressed regarding the bill’s provisions, which include allowing for mail interception and excluding India Post from culpability for service gaps save as stipulated by the government of India. Section 9 permits the seizure of communications in the interests of safety public order, and various other circumstances, but Section 10 limits liability for lapses. Devusinh Chauhan, Minister of State for Communications, defended the portions, emphasising national interest and safety for public protection and privacy.

36. According to the Delhi High Court, insolvency professionals are not considered public officials under the Prevention of Corruption Act. (19th December)

According to the Delhi High Court, Insolvency Professionals (IPs) or Resolution Professionals (RPs) are not “public servants” under the Prevention of Corruption Act of 1988. The court dismissed the Central Bureau of Investigation’s (CBI) claim that the responsibilities of IPs in the Insolvency and Bankruptcy Code, also known as the should be considered “public duties.” The decision came in response to a request to vacate an FIR filed contrary to a Temporary Resolution Professional.

37. The Supreme Court ruled that properties sold at auction before the declaration of a moratorium cannot be considered liquidation assets under the IBC. (19th December)

The Supreme Court stated that properties sold in an auction sale by a defaulting borrower cannot be classified as liquidation assets if the sale was completed before the establishment of the moratorium of the Insolvency and Bankruptcy Code 2016. The court overturned the National Company Appellate Tribunal’s decision and granted the appeal.

38. 97 Opposition MPs remained suspended, and the Lok Sabha passed three criminal law Amendment Bills. (20th December)

The Lok Sabha passed three criminal law reform bills, the Bharatiya Nyaya (Second) Sanhita, the Bharatiya Nagarik Suraksha (Second) Sanhita, and the Bharatiya Sakshya (Second) Bill, intending to replace essential legal frameworks (IPC, CrPC and Evidence Act). 

39. Allowing advocates or litigants to keep firearms on court grounds, endangers public safety: High Court of Allahabad. (21st December)

Justice Pankaj Bhatia emphasised that bringing firearms isn’t a fundamental right guaranteed by the Constitution, and he urged district magistrates and judicial personnel in Uttar Pradesh to initiate complaints under the Arms Act against anyone discovered with firearms on court grounds.

The Court directed them to seek termination of such arms licences as soon as possible and underlined that bringing arms to court grounds is a violation of public harmony or safety for the public under the Arms Act.

40. The RBI has proposed a draft framework for self-regulating organisations (SROs) in banking and non-banking financial companies (NBFCs). (22nd December)

The Reserve Bank of India (RBI) has published an initial structure for self-regulatory organisations (SROs) tasked with supervising banks, non-banking financial firms (NBFCs), and other entities subject to its regulatory oversight. Candidates must represent their relevant sectors and exhibit specified membership or propose a timeline for reaching it. Clean legal records are required for both the application and its directors, as well as compliance to fit and suitable criteria across all aspects.

41. If caste-based verbal assault occurs inside the house with no outsiders present, the SC/ST Act is not attracted. (23rd December)

The Allahabad High Court declared that shouting caste names within a residence where no outsider is present is not an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The decision came regarding a case including an educator accused of referring to a student’s father by his caste name. According to Justice Shamim Ahmed, an offence under the Act is formed when someone who is part of the vulnerable sector is confronted with humiliation in a public place. The lawsuit was dismissed by the court because the event wasn’t real and there was insufficient evidence to sustain it.

42. Convicts’ Fundamental Right to Procreation and Parenthood Recognised by the Delhi High Court. (23rd December)

The Delhi High Court declared that a convict’s right to procreate and parenthood is a basic right protected by Article 21 of the Indian Constitution. According to Justice Swarana Kanta Sharma, this right is not firm and a reasonable and just approach must be taken, taking into account considerations such as the prisoner’s parental status and age.

The decision came in response to Kundan Singh’s request for parole to undertake medical testing and seek In-Vitro Fertilisation (IVF) together with his wife. Singh was granted parole for four weeks, underlining the need to balance individual liberties with greater community interests.

43. Tribunals cannot instruct the Government on Policy Formulation:  (24th December)

The Supreme Court has made it clear that tribunals operating within the precise confines of their governing statute cannot control the government to enact policy. “The Tribunal also has a quasi-judicial entity that operates within the limitations established by the governing statute... It cannot tell people in charge of formulating policy to develop policy in a specific way,” said the Bench of Justices.

44. Three new criminal laws have been enacted to replace the IPC, CRPC, and Evidence. (25th December)

All three freshly passed criminal law legislation received the President’s assent on December 25, 2023. The Bharatiya Nyaya Sanhita replaced the Indian Penal Code, the Bharatiya Nagarik Suraksha Sanhita replaced the Code of Criminal Procedure in India, and the Bharatiya Sakshya Adhiniyam replaced the Indian Evidence Act.

45. Ongoing Violence and Legal Involvement in the Manipur Massacre. (25th December)

The Supreme Court ruled that a comprehensive inquiry must be conducted to determine whether any state officers colluded in the state’s violence. It was also mentioned that, while the court is dissatisfied with the current state of affairs, it is unable to take over the governance of the state. The Supreme Court further ruled that the legal rights of lawyers to appear in court should not be restricted.

46. MeitY launched a second warning to social media networks regarding deep fakes. ( 26th December)

Deep fakes, created using advanced artificial intelligence and deep learning technology, are increasingly causing concern as they resemble real content, causing confusion and confusion for audiences.

47. Do not force farmers to surrender their land in favour of the government: Allahabad High Court. (27th December)

The Allahabad High Court has ordered Gautam Buddha Nagar (NOIDA) authorities not to force farmers of Tehsil Jewar to execute sale deeds in the state's favour unless they consent.

48. Press and Registration of Periodicals Bill, 2023. (27th December)

Parliament passed the Press and Registration of Periodicals Bill, 2023, aiming to simplify title allotment and registration processes, replacing the outdated Press and Registration of Books Act, 1867, with a seamless online system.

49. The Government has developed 348 new positions for judicial officers: High Court of Bombay. (27th December)

In response to the Bombay High Court’s concerns, the government of Maharashtra has established 348 fresh judicial officer positions. Following a 2018 order, the High Court voiced dissatisfaction with the slowness with which district judges were appointed. The introduction of these positions raises the authorised number of judges in district courts in Maharashtra from 2,012 to 2,360. To address the rising caseload, the National Court Management Systems Committee recommended adding 3,211 more judge positions. The Maharashtra government indicated that the proposal for the remaining 2,863 positions will be given to the cabinet for approval by January 8, 2024.

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