Top 5 Legal Current Affairs: December 2025

3 Jan 2026  Read 227 Views

The Supreme Court does not usually stop itself. But in December 2025, it did exactly that - staying its own order on the legal definition of the Aravalli Hills after public outrage, scientific pushback, and serious ecological concerns.

This was not a month of dramatic constitutional revolutions. Instead, it was a month where the law paused, reflected, corrected itself, and asked harder questions. From the Aravalli hills to halting the premature release of a rape convict, the courts chose caution over speed. They quietly allowed a child’s caste identity to follow her mother rather than rigid tradition, and reaffirmed electricity as part of the right to life.

At the same time, Parliament passed some of the most significant structural reforms of recent years - even as debates, disruptions, and political confrontations dominated the Winter Session, December 2025 became a moment where Indian law chose restraint over rigidity.

Aravalli’s Legal Definition Controversy

The Aravalli range is one of the oldest mountain systems in the world and a crucial ecological barrier protecting North India from desertification. Over decades, courts have intervened repeatedly to curb illegal mining, deforestation, and environmental degradation in the region.

However, one persistent problem has remained unresolved: what exactly counts as the “Aravalli Hills” in legal terms?

In earlier cases, states applied inconsistent definitions. This made enforcement uneven and allowed large areas to escape environmental protection.

The November 20, 2025 Order

In November 2025, the Supreme Court accepted recommendations from a court-appointed committee and laid down a formal definition of the Aravalli Hills and Ranges.

Under this order:

  • A landform would qualify as part of the Aravalli Hills only if it rose at least 100 metres above local relief.

  • A “range” would exist only where two or more such hills were within 500 metres of each other.

On paper, the definition appeared technical and objective. In practice, it carried serious consequences.

Environmental experts warned that 85–90% of the traditionally recognised Aravalli landscape lies below the 100-metre threshold. If the definition were implemented strictly, vast ecologically sensitive areas could lose legal protection. Mining, construction, and excavation could resume in places that had earlier been regulated.

Public Reaction

The response was swift and intense. Scientists, environmentalists, local communities, and civil society groups argued that:

  • Ecological systems cannot be reduced to elevation numbers.

  • Groundwater recharge, biodiversity corridors, and forest continuity do not depend on hill height.

  • The definition ignored how ecosystems actually function.

Protests broke out in multiple states, especially in Rajasthan and Delhi. The issue quickly moved beyond legal circles into public discourse.

On December 29, 2025, something rare happened.

A Supreme Court bench led by the Chief Justice stayed its own November order. The case was taken up suo motu under the title In Re: Definition of Aravalli Hills and Ranges and Ancillary Issues.

The stay meant:

  • The 100-metre definition cannot be implemented for now.

  • No change in legal status would occur until further hearings.

  • Existing protections remain intact.

Why the Court Stayed Its Own Order?

The Court openly acknowledged that foundational questions remained unanswered:

  • Would the definition exclude ecologically connected areas?

  • Can elevation alone define a mountain ecosystem?

  • What about gaps larger than 500 metres that still function as one system?

  • How would groundwater recharge and climate protection be preserved?

Importantly, Throughout December:

  • Joint operations against illegal mining continued, particularly in Rajasthan.

  • Vehicles were seized and penalties imposed.

  • Administrative authorities continued to act under existing environmental laws.

What This Means Legally?

Before December 29

  • Environmental protection rules and mining restrictions in Aravalli areas had been unevenly enforced because of inconsistent definitions and state practices.

  • The November 20 SC endorsement of the 100-metre rule would have narrowed legal protection to only higher-elevation landforms with significant consequences for policy and enforcement.

After December 29

  • The stay effectively pauses any change in legal status until the Court obtains better scientific clarity and legislative/agency inputs.

  • The next phase will likely be shaped by the expert panel’s findings and submissions from the Centre, state governments (Delhi, Haryana, Rajasthan, Gujarat) and environmental stakeholders.


SC Stayed High Court’s Order in Unnao Rape Case

The Unnao rape case has been one of the most disturbing criminal cases in recent Indian history.

In 2017, a minor girl accused a sitting MLA, Kuldeep Singh Sengar, of rape. The case soon became emblematic of:

  • Political influence in criminal investigations

  • Attacks on the victim’s family

  • Institutional failure to protect survivors

In December 2019, Sengar was convicted and sentenced to life imprisonment.

The Delhi High Court’s December 23 Order

On December 23, 2025, a Division Bench of the Delhi High Court:

  • Suspended Sengar’s life sentence

  • Granted him conditional bail during the pendency of his appeal

The reasoning included:

  • Sengar had already spent over seven years in jail

  • Certain POCSO-related findings were questioned

  • Bail conditions such as bonds and sureties were imposed

Public Reaction

The order triggered widespread outrage.

Protests erupted across the country, including at Jantar Mantar in Delhi. The survivor expressed fear for her safety and that of her children. Civil society groups questioned how a convict in such a case could be released pending appeal.

The CBI’s Challenge

The Central Bureau of Investigation moved the Supreme Court almost immediately. The CBI argued that:

  • Serious questions existed about the interpretation of “public servant” under POCSO

  • Sengar’s status as an MLA at the time of the offence could attract enhanced punishment

  • Sentence suspension in such a case required deeper scrutiny

On December 29, 2025, a Supreme Court vacation bench stayed the Delhi High Court’s order and flagged that the case raises important questions of law, including but not limited to:

  • Definition of “public servant” under the Protection of Children from Sexual Offences (POCSO) Act and whether Sengar’s position as an MLA in 2017 places him within that category for enhanced punishment.

  • Whether the High Court erred in suspending the sentence and granting bail while appellate proceedings are pending.

The effect was clear:

  • Sengar would remain in custody

  • The bail order would not take effect

  • The appeal would be examined on the merits


Overview of the Parliament’s Winter Session

The Winter Session of Parliament ran from 1 December to 19 December 2025, with 15 sittings.

Major Bills Introduced and Passed

A large number of bills were listed for introduction, consideration and passage during the session. Many of these are significant legal and governance reforms.

Bills Passed During Winter Session

  1. Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Bill, 2025 - Amendments to the insurance legal framework and FDI norms in insurance.

  2. Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Bill, 2025 - Overhaul of India’s nuclear law regime.

  3. Repealing and Amending Bill, 2025 - Repeals and updates obsolete laws.

  4. Appropriation (No.4) Bill, 2025 - Supplementary and budgetary appropriations.

  5. Manipur Goods and Services Tax (Second Amendment) Bill, 2025 - State GST changes.

  6. Health Security and National Security Cess Bill, 2025 - Introduced and passed; new cess framework.

  7. Central Excise (Amendment) Bill, 2025 - Excise law amendments.

Bills Introduced/Considered

  • The Securities Markets Code Bill, 2025 - A comprehensive consolidation reform of capital markets law; referred to a Standing Committee.

  • Viksit Bharat-Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, 2025 - Replaced MGNREGA with a new rural job guarantee statute (later enacted).

  • The Viksit Bharat Shiksha Adhishthan Bill, 2025 - Higher education reforms.

  • The Corporate Laws (Amendment) Bill, 2025 - Company law reform.

  • Right to Disconnect Bill, 2025 - A private member bill on labor rights (introduced).

The list above includes key legislative actions, but more bills (amendments and new statutes) were on the agenda, reflecting wide-ranging reform efforts.

Major Legislative Reforms Passed

1. Rural Employment Reform

The Viksit Bharat - Guarantee for Rozgar and Ajeevika Mission (Gramin) Bill, 2025 (VB-G RAM G) was a central piece of legislation:

It replaced the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) with a new statutory framework guaranteeing rural employment and livelihood prospects, increasing wage days and reorienting implementation toward infrastructure and rural development.

2. Insurance Law Overhaul

Parliament approved the Sabka Bima Sabki Raksha Bill, a major update to insurance regulation including higher FDI limits and consumer protections.

3. Nuclear Law Modernisation

The SHANTI Bill was passed to modernise nuclear governance, facilitate private/foreign participation, and restructure liability and regulatory frameworks.

4. Financial and Taxation Changes

Supplementary appropriations, cess frameworks and excise law updates ensured updated fiscal tools for government functioning.

Parliamentary Debates and Contentions

The session was not smooth - disruptions and sharp confrontations marked much of its duration.

Opposition Concerns

  • Replacement of MGNREGA with the G-RAM-G law sparked intense debate and walkouts in Lok Sabha, with opposition members calling it removal of a legally enforceable rural right.

  • Electoral Roll and SIR discussions - Special Intensive Revision (SIR) of electoral rolls and related electoral reforms were repeatedly raised.

Other Highlights

  • Vigorous parliamentary debates occurred around issues like Vande Mataram and national identity themes during the session.

  • Routine business such as laying Committee reports and financial papers was part of legislative discussions.

Let's cover the important bills in detail -

1. SHANTI Bill, 2025

(The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Bill, 2025)

What it is?

It is a comprehensive overhaul of India’s nuclear energy laws. It replaces older statutes like the Atomic Energy Act, 1962 and the Civil Liability for Nuclear Damage Act, 2010, creating a modern legal framework for nuclear energy production, governance, liability, participation and regulation.

The bill has completed Parliament’s legislative process (Lok Sabha and Rajya Sabha) and received presidential assent in December 2025, becoming law.

Why it was it introduced?

India’s existing nuclear statutes were written in an era of state monopoly. They did not allow:

  • private companies to build or operate nuclear plants,

  • foreign partnerships in nuclear power projects,

  • a modern liability regime aligned with global investment norms.

The SHANTI Bill addresses all of this while retaining government control over strategic and security-sensitive functions of the nuclear sector.

Core Objectives

  1. Modernisation of nuclear law - Repeal old acts and consolidate them into a single, futuristic statute.

  2. Private and foreign participation - Permits Indian and foreign companies to build and operate nuclear power plants, manufacture equipment and engage in nuclear sector R&D.

  3. New liability model -

    • Replaces old supplier liability rules.

    • Operator liability is now capped based on installed capacity rather than the extent of damage, reducing uncertainty for investors.

  4. Regulatory overhaul -

    • Grants statutory recognition and strengthened powers to the Atomic Energy Regulatory Board (AERB), enhancing transparency and safety oversight.

    • Proposes a dedicated nuclear disputes tribunal for specialised adjudication.

  5. Advanced technologies support - Encourages deployment of Small Modular Reactors (SMRs) and other next-generation nuclear tech as part of India’s clean energy and climate goals.

2. The Sabka Bima Sabki Raksha (Amendment of Insurance Laws) Bill, 2025

Often referred to in shorthand as the “Raksha Bill” (in media) or officially as the Sabka Bima Sabki Raksha Bill.

What it is?

This bill amends key insurance sector statutes - including the Insurance Act, 1938, the Life Insurance Corporation Act, 1956 and the Insurance Regulatory and Development Authority of India Act, 1999 - to modernise the legal framework governing the insurance market.

It was introduced in the Lok Sabha on 16 December 2025 and passed by both Houses of Parliament in mid-December.

Key Objectives

  1. Increase foreign investment limits - allows 100 % foreign direct investment (FDI) in Indian insurance companies, up from the earlier 74 % cap.

  2. Enhance regulatory alignment - updates insurance law to reflect changes in market structure, risk profiles and global best practices.

  3. Boost consumer protection - includes provisions for stricter oversight of practices that can harm policyholders. (Detailed implementation rules to be notified.)


Electricity as a Fundamental Right

In Shri Maiki Jain v. BSES Rajdhani Power Ltd., the Delhi High Court held that:

  • Electricity is integral to the right to life under Article 21

  • Lawful occupants cannot be denied power due to landlord disputes

  • Utility services cannot be weaponised in civil conflicts

What happened?

  • The petitioner was a lawful tenant in possession of a residential property in West Delhi since 2016 under registered lease deeds. The electricity meter at the premises was registered in the landlords’ names, but the tenant had been paying the bills directly to BSES.

  • In November 2025, electricity was disconnected and the meter was removed because of temporary non-payment of dues (September-October 2025); the arrears were paid on the same day.

  • On attempting to restore supply, BSES insisted on a No Objection Certificate (NOC) from the landlords. The landlords refused.

  • A separate civil suit by landlords for possession, rent arrears and injunction was pending in the district court, but no eviction order had been passed.

The petitioner approached the High Court under Article 226 seeking immediate restoration of electricity without requiring a landlord’s NOC.

Legal Issues Raised

  1. Can electricity be denied to a lawful occupant merely due to a pending landlord-tenant dispute?

  2. Does denial of electricity amount to a violation of the right to life under Article 21?

  3. Can a utility company insist on a landlord’s NOC before restoring electricity even after dues are cleared?

Court’s Reasoning & Analysis

a) Lawful Possession Matters

The High Court noted that:

  • The tenant’s possession remained lawful in the absence of any eviction order issued by a competent court; therefore, denial of basic amenities should not follow from merely having a civil dispute pending.

b) Electricity & Article 21

Justice Pushkarna expressly reaffirmed that:

  • Electricity is a basic necessity and an integral part of the right to life under Article 21 of the Constitution of India.

  • No person can be expected to live without electricity, which is essential for daily existence.

  • The Court cited that courts in a catena of judgments have held the right to basic amenities - including electricity - as part of the right to life.

c) Landlord’s NOC Not Mandatory

  • BSES’s insistence on a landlord’s NOC was rejected because:

    • It is not justified once dues are cleared and lawful possession continues.

    • Pending civil litigation cannot be weaponised to deprive a person of basic life necessities.

d) No Possessory Rights Arising

The Court clarified that:

  • Ordering restoration of electricity does not confer any possessory or ownership right on the tenant.

  • It also does not create “special equity” in favour of the tenant or affect pending civil proceedings.

Final Verdict

The High Court directed that:

  • BSES Rajdhani Power Ltd. must restore electricity supply to the petitioner’s premises using the existing meter without requiring a landlord’s NOC.

  • The landlords must cooperate with restoration; if not, BSES may seek police assistance.

  • The petitioner must comply with normal commercial and codal requirements and pay future bills on time.


SC Certificate Based on Mother’s Caste

In another significant development, the Supreme Court allowed the issuance of a Scheduled Caste certificate to a minor girl based on her mother’s caste, despite her father being non-SC.

Background of the Case

  • A minor girl from Puducherry was denied a Scheduled Caste certificate on the grounds that her father belonged to a non-SC community, even though her mother belonged to the ‘Adi Dravida’ Scheduled Caste community.

  • The girl’s mother applied to the Tahsildar for SC certificates for her children based on her own caste identity, highlighting that the children were being raised in her community.

  • The Madras High Court had earlier issued an order directing the issuance of the SC certificate in favour of the girl based on the mother’s caste to prevent academic hardship.

Key Legal Issue

Whether a Scheduled Caste certificate can be issued to a child based on the mother’s SC caste, even if the father is from a non-SC community, despite the traditional presumption that caste follows the father’s lineage under customary law and administrative practice.

Supreme Court Order

  • The Supreme Court declined to interfere with the Madras High Court’s direction, effectively allowing the issuance of the SC certificate to the girl on the basis of her mother’s caste.

  • The apex court held that it would not stall the girl’s education and that her welfare must be protected while the broader legal issues remain unresolved.

Key Observations by the Court

  • The Court emphasised that the larger question of law - whether caste can be consistently determined on the basis of the mother’s caste in all cases - is left open for future resolution.

  • In oral remarks, the Chief Justice asked a question that reflects a possible shift in doctrinal thinking on caste inheritance: “With changing times, why should caste not follow the mother?”

This underlines judicial recognition of evolving social realities and casts doubt on rigid patriarchal assumptions embedded in caste certificate practices.

  • The bench emphasised welfare and non-disruption of education as a compelling factor for granting the certificate, treating the case as an exceptional necessity.

Background on Legal Framework (Traditional Position)

  • Traditionally, caste certificates in India follow the father’s caste under customary Hindu law and administrative practice unless statutory provisions state otherwise.

  • Earlier Supreme Court jurisprudence (e.g., Punit Rai v. Dinesh Chaudhary, 2003) recognised that caste is generally paternal unless rebutted by evidence of upbringing and social context.

  • In Rameshbhai Dabhai Naika v. State of Gujarat (2012), the apex court observed that in inter-caste marriage contexts, the presumption is not conclusive; if a child is raised by an SC/ST mother and faces related social disadvantages, this reality can be taken into account for caste determination.

The December 2025 order builds on this evolving judicial approach to caste identity, placing emphasis on maternal lineage and social realities rather than strictly paternal lineage.

Conclusion

December 2025 did not produce headline-grabbing constitutional amendments or sweeping doctrinal revolutions. What it produced was arguably more important.

  • The Supreme Court paused to prevent environmental harm.

  • It intervened to protect the integrity of criminal justice.

  • It quietly allowed social realities to reshape legal assumptions.

  • Parliament passed deep structural reforms despite political noise.

The month showed Indian law at its most responsible - aware of its power, conscious of its limits, and willing to wait when waiting was the wiser choice.

In a legal system often criticised for haste or delay, December 2025 stood out as a moment of balance.

Sometimes, the law moves forward not by racing ahead — but by stopping at the right time.

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About the Author: Ruchira Mathur | 33 Post(s)

Ruchira is a law graduate with a BBA LLB degree from New Law College, Pune. Passionate about Company, Taxation, and Labor laws, she believes in simplifying legal knowledge to make it accessible to everyone. When not decoding legal jargon, she enjoys fine arts, doodling, exploring new ideas, and finding ways to turn complex concepts into relatable content. With a firm belief in dreaming big and working hard, Ruchira strives to grow and make a meaningful impact every day.

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