Top 10 Legal Current Affairs: September 2024

If you are prepping for legal exams or any other exams with law as a subject, then staying updated with current legal events and landmark-recent judgements can give you a real advantage. 

From criminalising watching child pornography to West Bengal's anti-rape bill, this blog shares the 10 major legal news and super important rulings from the Supreme Court of September 2024 that could be super useful for your exam prep. Let's get into it!

1. One Nation; One Election (ONOE)

The Union Cabinet, chaired by the Prime Minister, has accepted the recommendations made by the High-Level Committee on holding simultaneous elections, aka one nation, one election, for the Lok Sabha, State Legislative Assemblies (Vidhan Sabha), and local bodies (Panchayats and Municipalities). 

In March, the High-Level Committee (Kovind Committee) constituted in September 2023, submitted its report on ONOE advocating for एक राष्ट्र-एक चुनाव. 

In its report, the committee recommended holding simultaneous elections, citing the burden on various stakeholders such as the Government, businesses, workers, Courts, political parties, candidates, and civil society. 

The committee suggested 2 ways to manage the complexities of ONOE:- 

• 1st, it recommended holding simultaneous elections for the Lok Sabha and State Legislative Assemblies. 

• 2nd, it proposed synchronising the elections for Municipalities and Panchayats with those of the Lok Sabha and State Legislative Assemblies, ensuring that the former is conducted within 100 days of the latter.

Read more about why One Nation One Election.

2. Aparajita Bill (Bengal Anti-Rape Bill)

The West Bengal government has passed an anti-rape amendment bill titled Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, seeking to amend the punishment for sexual crimes such as rape and to impose time-bound limits for the conclusion of investigation and trial in rape cases. 

This bill is in direct response to the brutal rape and murder of a resident doctor at the government-run RG Kar Medical College and Hospital, which led to widespread protests all across the country.

The Bill aims to create a safer environment for women and children in WB. It seeks to enhance the already prevalent penalties for rape as laid down in the BNS to ensure that the punishment is made more stringent, including the possibility of a death sentence for those found guilty of rape.

Key Provisions of Aparajita Bill 

📌 Death Penalty for Rape: Capital punishment for those convicted of rape if their actions result in the victim's death or leave her in a vegetative state.

📌 Time-Bound Investigations and Trials: Rape cases investigation must be concluded within 21 days of the initial report. This is a substantial reduction from the previous 2-month deadline. 

📌 Fast-Track Courts: Establishment of special courts dedicated to handling cases of sexual violence for speedy justice.

📌Aparajita Task Force: Creation of the specialised task force at the district level, headed by a deputy superintendent of police. 

📌 Stricter Penalties for Repeat Offenders: Life imprisonment for repeat offenders, with the possibility of the death penalty if the circumstances warrant it.

📌 Protection of Victims' Identities: Protect victims' identities to ensure their privacy & dignity during the legal process. 

📌 Penalties for Delaying Justice: Penalties for police & health officials who fail to act promptly or tamper with evidence. 

West Bengal's Governor has reserved this bill for the President's consideration.

3. J&K Election

Legislative Assembly elections were held in Jammu and Kashmir for the 1st time after the abrogation of Article 370 in 2019. The constitutional changes of 2019 removed Jammu and Kashmir's statehood—thus, the new Assembly will be for a Union Territory (UT), not a state. 

Jammu and Kashmir Reorganisation Act, 2019

This Act created 2 UTs — the UT of Ladakh without a legislature and the UT of Jammu and Kashmir with a legislature and created a vastly different structure in which the LG has a bigger role than the state Assembly.

An amendment was made to the 1st Schedule of the Constitution, which lists all states and UTs, and to Article 3, which discusses "Formation of new States and alteration of areas, boundaries or names of existing States."

As per the 1947 Instrument of Accession, J&K acceded to India only regarding defence, foreign affairs, and communications. Under Article 370, as it stood before the abrogation, Parliament had limited legislative powers to J&K. Over the years, the Centre's lawmaking power was extended to cover several other subjects in the Union List (List I of the 7th Schedule of the Constitution).

4. Bulldozer Justice

Case: Jamiat Ulama I Hind v. North Delhi Municipal Corporation (and connected matters)

Background: Petitions were filed before the Supreme Court in 2022 regarding the demolition drive scheduled for April 2022 in Delhi's Jahangirpuri. The drive was ultimately stayed, but the petitioners prayed for a declaration that authorities could not resort to “bulldozer actions” as punishment. 

Order: In response, the Supreme Court passed an interim order that no demolition should occur in India without its permission. The Court also stated that a person's house cannot be demolished merely because he is accused of a crime.

However, this order does not apply to encroachments on public roads, footpaths, railway lines, or water bodies. The Court said it would issue "pan-India guidelines" that would apply equally to everyone.

This judgement has been reserved.

5. Kejriwal got bail

Case: Arvind Kejriwal v. Central Bureau of Investigation (and connected case)

Background: The present case is about the arrest of Delhi's CM, Arvind Kejriwal, over financial irregularities in the Delhi Excise Policy 2021-2022. The CBI formally arrested Kejriwal on 26 June 2024 while he was in the Enforcement Directorate's custody in a money laundering case arising from the alleged liquor policy scam. 

Weeks later, on 12 July, the Supreme Court granted Kejriwal interim bail in the money laundering case while referring his petition challenging ED arrest to a larger bench. However, he remained in custody (which commenced on 21 March) due to his arrest by the CBI.

In the present petition, Kejriwal challenges the Delhi High Court order of August 2024, which dismissed his plea against CBI arrest.

Judgement: The Supreme Court granted bail to Arvind Kejriwal concerning the CBI FIR registered in the Delhi liquor policy case. While Justice Surya Kant upheld the arrest's legality, Justice Ujjal Bhuyan questioned the CBI arrest.

But soon after Kejriwal came out of Tihar jail, he resigned from his post as Delhi's CM. Later, Atishi Marlena became the 3rd woman to hold the post of Delhi's chief minister after Sushma Swaraj and Sheila Dikshit. 

6. Watching Child Pornography is a Crime 

Case: Just Rights For Children Alliance v. S. Harish Diary No.- 8562 - 2024

Background: In 2020, an FIR was registered against an accused in Chennai, TN, for the offence punishable under Section(s) 67B of the IT Act 2000 and 14(1) of the POCSO Act 2012. 

During the investigation, the mobile phone was seized from the accused, and a Forensic analysis was conducted, which confirmed that the mobile phone had two files which contained child pornography content involving teen boys. The accused went to the Madras High Court to dismiss the criminal proceedings.

Madras High Court said the accused had only downloaded the material for private viewing; it was not published or transmitted, and mere downloading and watching child pornography is not an offence under Section 67-B of the Information Technology Act, 2000. 

Judgement: The Supreme Court, setting aside Madras HC's judgement, said that watching child pornography over the internet without downloading would also amount to "possession" of such material in terms of Section 15 of the Protection of Children from Sexual Offences Act (POCSO).

Read more about this judgement on Child Pornography is Crime u/ POCSO.

7. The Pre-Trial Process shouldn't become Punishment

Case: Vikash Kumar Gupta v. The State of Bihar

Background: The petitioner was named as an accused in an FIR lodged under the Bihar Prohibition and Excise Amendment Act. After his arrest, the petitioner applied for bail, which the Trial Court declined. He then approached the High Court. Vide the impugned order, the High Court directed him to be released on bail but imposed a further condition that the petitioner furnish his bail bonds after completing 6 months in custody.

Judgement: The Supreme Court struck down a condition the Patna High Court imposed that required the accused to furnish bail bonds only after 6 months in custody. The Court emphasised that pre-trial detention should not be punitive, ordering the petitioner's immediate release upon furnishing bail. 

8. AIBE for final-year student

Case: Nilay Rai & Ors v. Bar Council of India

Background: As you may know, clearing the All-Indian Bar Examination (AIBE) is mandatory to practice in Indian courts. Delhi University's final-year law students filed a petition in the Supreme Court, challenging the BCI's recent notification barring them from writing the AIBE before graduation.

The petitioners submitted that the BCI's decision was contrary to the Constitution Bench judgment in Bar Council of India v. Bonnie Foi Law College & Ors, which stated that final-year law students should be allowed to appear in the AIBE.

Order: The Supreme Court passed an interim order allowing final-year law students to appear in the AIBE, scheduled for 24 November.

Check out the updated notification for registration for AIBE for final year and final semester candidates. 

9. Port Blair name change

The Centre has decided to rename Port Blair as Sri Vijaya Puram. This move aims to shed the colonial legacy associated with the former and recognise the Andaman and Nicobar Islands' contribution to the Indian freedom struggle.

Port Blair was renamed to honour its historical role in India's freedom struggle and to break away from its colonial past. The new name, Sri Vijaya Puram, highlights its connection to the Chola Empire and India's rich heritage.

Constitutional Provision for renaming places

Article 3 provides for forming new States and altering existing States' areas, boundaries or names. The procedure of renaming the state can be initiated by either the Parliament or the State Legislature. 

Procedure for renaming

• The procedure for renaming a state can be initiated by either the Parliament or the state legislature. If a state legislature passes a resolution to change its name, it must be sent to the Central Government for approval.

• The central government then introduces a bill in the Parliament after obtaining the President's recommendation. The bill must be passed by a simple majority in both Houses of Parliament.

• No specific constitutional provision for renaming a city or any other place in a state. However, the Central Government issued some guidelines regarding name alteration in 1953. 

• According to these guidelines, the state government must initiate any proposal to change a place's name and send it to the central government for approval.

• Before consenting, the central government considers various factors, such as historical significance, public sentiment, linguistic affinity, administrative convenience and national integration.

10. 23rd Law Commission

The Union government has notified the constitution of the 23rd Law Commission of India, effective 1 September 2024 to 31 August 2027. The decision will be taken by the Appointments Committee of Cabinet, chaired by the Prime Minister.

What is the Law Commission?

It is a non-statutory body constituted by the Union government. It works as an advisory body to the Ministry of Law and Justice. It is not defined under the Indian Constitution. It is constituted as part of Article 39A.

It is headed by a Chairperson, usually a retired Supreme Court judge, and comprises legal experts, academicians, and senior advocates. The members are appointed for 3 years.

History of Law Commission in India

The 1st pre-independence Law Commission was established in 1834 by the British Government in India. It was established by the Charter Act of 1833 and was chaired by Lord Macaulay.

The 1st Law Commission of independent India was established in the year 1955 and was headed by M.C. Setalvad.

Why the 23rd Law Commission?

• Examine existing laws in relation to the Directive Principles of State Policy and suggest reforms to align with them and the Constitutional Preamble objectives.

• Examine the impact of globalisation on food security and unemployment.

• Recommend measures for the protection of the interests of the marginalised.

• Review & enhance the judicial administration to make it more responsive and efficient.

• The goals include reducing delays, simplifying High Court rules, and establishing a case flow management framework.

Conclusion

In wrapping up, staying on top of the latest legal affairs and landmark rulings isn't just about scoring well in exams—it's about being informed. Whether it's the bold initiatives like 'One Nation, One Election', the significant rulings on pre-trial detention, or staying on bulldozer's justice, each of these developments plays an important role in shaping the legal framework of India. 

As you prepare for your exams, especially for CLAT PG 2025 you can check out our Crash Course on CLAT PG 2025 to give yourself a real edge. 

Keep reading, keep questioning, and most importantly, stay informed.