Top 5 Legal Current Affairs: November 2025

29 Nov 2025  Read 62 Views

November brought major legal developments that quietly but powerfully shape how our institutions work, how justice is delivered, and how citizens experience the law. From the Supreme Court striking down a key tribunal law, to a long-awaited acquittal in the Nithari case, to the rollout of India’s new labour codes and a landmark ruling on the powers of Governors and the President - this month has seen decisions that will influence governance, rights, and public policy for years. We also welcomed a new Chief Justice of India, setting the tone for the Court’s next phase. If you want a quick, clear and meaningful snapshot of what truly mattered in the legal world this month, this roundup will walk you through the most important updates without the heavy load.

#1 Supreme Court Strikes Down Tribunal Reforms Act 2021

Case Name: Madras Bar Association v. Union of India, 2025

The Supreme Court struck down the Tribunal Reforms Act, 2021.

  • The Court said the Act violated judicial independence and separation of powers.

  • It criticised the government for repeating provisions already struck down in older judgments.

Key provisions struck down relate to:

  • Minimum age: 50 years

  • Tenure: 4 years

  • Upper age limits: 67 (members) / 70 (chairpersons)

  • Service conditions: equating members with civil servants

  • Search-cum-Selection Committee rule: panel of 2 names for each post

  • Executive control over allowances, selection process, and tenure

The Act’s rules were held unconstitutional and the court said Parliament cannot re-enact invalid laws without fixing the defects pointed out earlier. Earlier rules from Madras Bar Association (MBA IV & V) will continue to apply for tribunal appointments.

1. Madras Bar Association (MBA IV), 2020

It struck down Tribunal Rules 2020. It mandated:

  • Minimum 5-year tenure

  • 10 years' experience for advocates

  • No minimum 50-year age bar

2. Madras Bar Association (MBA V), 2021

It struck down Tribunal Reforms Ordinance 2021. It repeated principles on judicial independence and rejected executive control over appointments and tenure.


What changed?

  • Appointments that were made before the Act but notified later are protected under old rules.
  • The Union Government has been ordered to set up a National Tribunals Commission within four months.

  • Court rejected the Attorney General’s attempt to send the case to a larger bench, calling it a delay tactic.

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#2 Four New Labour Codes Enforced Nationwide

The Government has officially brought all four Labour Codes into force from 21 November 2025, namely:

  • Code on Wages, 2019

  • Industrial Relations Code, 2020

  • Code on Social Security, 2020

  • Occupational Safety, Health and Working Conditions (OSH) Code, 2020

These Codes replace 29 old labour laws with one consolidated system.

What all has changed?

  • Minimum wages and timely payment now apply to every worker in every sector.

  • Every worker - factory, gig, platform, contract, MSME, migrant - gets wider social-security benefits.

  • Gig and platform workers will now receive social-security coverage funded partly by aggregator companies.

  • Women can work night shifts in all sectors with safety measures, and gender-neutral wages are mandatory.

  • All employers must issue appointment letters and follow simplified compliance through single registration, single return and a single licence.

  • Workers above 40 years must get free annual health check-ups; hazardous and mine workers get stricter safety norms.

  • Fixed-term employees get full benefits, including gratuity after one year, equal to permanent workers.


#3 No Court-Fixed Timelines for Assent

Case Name: In Re: Assent, Withholding or Reservation of Bills by the Governor and the President of India, 2025

  • Supreme Court held that Courts cannot prescribe time limits for Governors or the President when deciding on assent to Bills under Articles 200 and 201.

  • “Deemed assent” is unconstitutional - Courts cannot declare that a Bill becomes law automatically because a Governor or President delayed action. This would mean the judiciary is taking over executive functions.

  • If the Governor unreasonably delays action, courts may issue a limited direction asking the Governor to make a decision — but cannot dictate the outcome.

  • The Court clarified that the governor has only 3 real options under Article 200:

    • Assent

    • Withhold and return the Bill to the Legislature

    • Reserve the Bill for the President

  • There is no fourth option to indefinitely withhold a Bill without returning it.

  • The Governor can act with their own discretion under certain parts of Article 200, especially when deciding to reserve a Bill for the President. But elsewhere, the Governor generally acts on the aid and advice of the Council of Ministers.

  • The Court said the Constitution deliberately gives flexibility; courts cannot impose rigid rules. The President’s decisions under Article 201 are also not time-bound.

  • Article 361 immunity does NOT bar limited judicial review, Governors/Presidents cannot be personally questioned - but their office can be directed to act in cases of long inaction.

  • Courts cannot examine or strike down the content of a Bill before it becomes a law.

  • Judicial review applies only after the Bill becomes a statute.

  • Article 142 cannot be used to create “deemed assent” - The Supreme Court cannot override the Constitution by using Article 142.

Constitutional Provisions Involved

  • Article 143 – Presidential Reference

  • Article 200 – Governor’s options for Bill assent

  • Article 201 – President’s options for State Bills

  • Article 361 – Immunity of President & Governors

  • Article 142 – Supreme Court’s complete justice powers

  • Article 145(3) – Constitution Bench requirement

  • Article 131 – Union–State disputes

 


#4 Supreme Court Acquits Surendra Koli

Case Name: Surendra Koli v. State of Uttar Pradesh, 2025

Supreme Court has acquitted Surendra Koli, overturning his last remaining conviction from the Nithari killings. The Court said two opposite outcomes cannot stand:

  • In 12 similar cases he was acquitted.

  • In one case he alone remained convicted.

All cases were based on the same evidence.

  • The confession under Section 164 CrPC was held inadmissible because it was recorded after 60 days of police custody, with no proper legal aid, and showed signs of coercion.

  • The Court said the confession violated Section 24 Evidence Act because it was not voluntary.

  • The supposed recoveries under Section 27 Evidence Act were rejected - police already knew the locations, excavation had already begun, and no proper disclosure memo existed.

  • Forensic evidence was weak:

    • No blood, tissue, or traces inside the house

    • Weapons had no human traces

    • DNA linked remains to victims’ families but not to Koli

  • The Court criticised the botched investigation - poor scene security, contradictory records, no proper forensic handling, and failure to follow key leads (including the organ trade angle).

  • Upholding the conviction would violate Articles 14 and 21 because identical evidence cannot lead to opposite results in law.

  • The Court said “suspicion cannot replace proof” and criminal justice cannot favour speed over legality.

  • The earlier 2011 conviction and 2014 review order were recalled, and Koli was ordered to be released immediately, unless needed in any other case.

Want to know more about how this case unfolded from investigation to acquittal? Read the full breakdown of the Nithari Case for timelines, evidence flaws, and key judicial findings.

Relevant Legal Provisions Involved

1. Indian Penal Code (IPC), 1860

  • Section 302 – Murder

  • Section 364 – Kidnapping

  • Section 376 – Rape

  • Section 201 – Causing disappearance of evidence

2. Criminal Procedure Code (CrPC), 1973

  • Section 164 – Recording of confession

3. Indian Evidence Act, 1872

  • Section 24 – Confessions caused by threat/inducement are inadmissible

  • Section 27 – Information leading to discovery

4. Constitution of India

  • Article 14 – Equality before law

  • Article 21 – Right to life & fair procedure

Previous Cases Cited / Applied:

  • Rupa Ashok Hurra v. Ashok Hurra (2002) — foundation of curative jurisdiction

  • Allahabad High Court judgments (2023) acquitting Koli in 12 Nithari cases

  • Supreme Court order (30 July 2025) upholding those acquittals

  • Heavily referred: earlier 2011 SC judgment upholding conviction, and the 2014 review dismissal (both recalled)

 

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#5 Justice Surya Kant Becomes New CJI

  • Justice Surya Kant has been appointed as the 53rd Chief Justice of India, starting 24 November 2025

  • The President signed the official Warrant of Appointment under Article 124 of the Constitution.

  • He succeeds CJI B.R. Gavai, who retires on 23 November 2025.

  • His name was recommended by the outgoing CJI, following the established seniority tradition.

  • Justice Surya Kant will serve as CJI until 9 February 2027.

Article 124 of the Constitution:

Provides for the appointment of Supreme Court judges, including the Chief Justice of India.


A Little History

  • He began his legal practice in Haryana, later became the youngest Advocate General of Haryana in 2000.

  • He was elevated as Judge of the Punjab & Haryana High Court in 2004, and later became Chief Justice of the Himachal Pradesh High Court in 2018.

  • He joined the Supreme Court in May 2019 and has been involved in key constitutional, service, and civil-law matters.

  • He currently serves as the Executive Chairman of NALSA, working on nationwide legal-aid reforms.

Conclusion

These developments highlights something different - judicial independence, worker rights, federalism, environmental protection, and the demand for fairness in criminal justice. Yet they all point in the same direction: the law is shifting, institutions are being recalibrated, and long-standing practices are being re-examined. For students, professionals, and anyone curious about how the legal system evolves, these decisions are worth paying attention to. They don’t just settle disputes; they quietly redefine how power is balanced and how justice is understood. As more judgments, reforms and debates unfold in the coming weeks, staying updated will help you see the bigger picture behind every headline.

Comment below and let us know if you want us to cover more such legal developments.

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About the Author: Ruchira Mathur | 32 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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