Judiciary Current Affairs | December 2020

Judiciary Current Affairs | December 2020

Judiciary Current Affairs, December 2020

19th December 2020


The Supreme Court has stayed an Andhra Pradesh High Court order on judicial enquiry into alleged constitutional breakdown

Andhra High Court, had taken suo motu cognizance and summoned the State counsel. The state counsel was requested to assist the HC in deciding “whether in the circumstances prevailing in the State of Andhra Pradesh, the court can record a finding that there is constitutional breakdown in the State or not”. To this the Supreme Court has said that to the High Court as no authority  to enquire and recommend President’s rule in a State. Article 356 states that  The power to impose President’s rule exclusively vests in the Executive.

Supreme Court has passed an order on Covid-19 care by the Government

The Supreme Court  has taken a note of the deteriorating health of the fatigued health care providers. The court has invoked Article 21, which includes Right to Health, and incorporates affordable treatment. It has been observed that the treatment has become more expensive, and it is not affordable to the common people at all. The court has pointed out that it is the government’s responsibility to ensure affordable care. The government should also be transparent about the facts and figures of the spread of COVID-19so that people are better aware of the scenario.

18th December 2020

Supreme Court has announced that the Farmers' protest should be allowed to continue

The Supreme Court has given a statement that the farmers’ protests should be let to continue for as long as it does not damage to the life and properties of other citizens. This observance was made by a bench headed by the Chief Justice of India S A Bobde   while hearing an order on a petition seeking the removal of the protesters from Delhi borders. The apex court has also suggested the setting up  of a committee that shall comprise of independent and impartial individuals, including experts in the field of agriculture, to end the stalemate with the centre. 

 

17th December 2020

Plea in the apex court for uniform divorce and alimony rules

The Supreme Court has agreed to examine a plea to frame uniform guidelines on divorce, maintenance and alimony for all religions. The petition filed in the court argued  that divorce and  maintenance and alimony laws in certain religions discriminated, and marginalized the women. Such provisions were violative of the Right to Equality (Article 14) and Right against Discrimination (Article 15) on the basis of religion, and gender and right to dignity. Therefore there exists a need of gender and religion neutral laws for the same. Though personal laws are under concurrent list, the court shall invoke Article 142, to provide Complete Justice to the parties involved in deciding for this issue.

13th December 2020

Justice V.S. Sirpurkar Commission set up by Supreme Court

The Supreme Court of India has set up an inquiry commission, which is led by its former judge, Justice V.S. Sirpurkar, in order to probe the circumstances of the alleged police ‘encounter’ killing of the four persons accused in the brutal gang-rape and murder of a veterinarian in Hyderabad. The commission is expected to sit in Hyderabad for 6 months, to complete the investigation. The commission will sit in Hyderabad and has 6 months to complete investigation

12th November 2020

Justice Jain Committee will begin its work

The Justice Jain Committee which was constituted by the Supreme court in 2018, shall sit in Thiruvananthapuram on  December 14th and 15th 2020. The committee was constituted to probe into the infamous ISRO ‘frame-up’ case of 1994, to unravel the rogue officials responsible for the smothering the life and reputation of Nambi Narayanan, one of India’s most prominent space scientist who was working on cryogenic engine technology.

One time Scheme to immunity to the people declaring possession of illegal exotic species.

The  Allahabad High Court order was upheld by the Supreme Court of granting immunity from investigation and prosecution if one declared illegal acquisition or possession of exotic wildlife species between June and December. The Ministry of Environment, Forest and Climate Change (MoEFCC) had released an advisory on a one-time voluntary disclosure scheme allowing owners of exotic live species that were acquired illegally, or without documents, to declare it to the government between June and December 2020 in order to address the challenge of zoonotic diseases.