Women's representation in India's higher judiciary remains low, with only 14% in High Courts and 3.1% in the Supreme Court. The article attributes this to the 'elitist' Collegium system and suggests an All-India Judicial Service (AIJS) as a solution. AIJS, conducted by UPSC under Article 312, would ensure merit-based, transparent recruitment, similar to IAS/IPS. While the lower judiciary has better representation (38%) due to competitive exams, the higher judiciary needs structural reforms to ensure diversity and inclusivity, potentially overseen by the Supreme Court.
- The Collegium system is cited as a primary reason for gender disparity in higher courts.
- Article 312 of the Constitution empowers Parliament to create an All-India Judicial Service.
- Lower courts have higher women representation (38%) because they use competitive entrance exams.
The Supreme Court has relaxed the blanket ban on firecrackers in Delhi-NCR, allowing the sale and use of green fireworks approved by NEERI and PESO. This relaxation is described as a 'test case' to determine if a regulated framework can coexist with air pollution mitigation efforts. The court restricted use to specific hours (6-7 AM and 8-10 PM) on October 19 and 20. It directed the CPCB and state boards to monitor air and water quality. The court noted that green fireworks have led to significant emission reductions since their introduction in 2018.
- Only green fireworks approved by NEERI and PESO are permitted for sale and use.
- Sale is restricted to licensed traders at designated spots, with a complete ban on e-commerce sales.
- The court mandated joint patrolling teams of police and pollution boards to ensure compliance via QR codes on products.
The Supreme Court has directed all States and Union Territories to appoint nodal officers to handle cases of missing children. These officers' contact details must be published on the Mission Vatsalya portal, managed by the Ministry of Women and Child Development. The court observed that despite existing portals like TrackChild and Khoya-Paya, there is a lack of information sharing among stakeholders. The Bench emphasized the need for a coordinated network across districts and states to ensure prompt action on complaints and effective collection of information to trace missing children and investigate perpetrators.
- Nodal officers must be appointed in every State and UT to manage missing children cases.
- The Mission Vatsalya portal serves as the central platform for information sharing and coordination.
- The SC highlighted the failure of authorities to take timely action despite a surge in child abduction and trafficking.
The Supreme Court has extended the stay on the Enforcement Directorate's (ED) probe into money laundering cases involving the Tamil Nadu State Marketing Corporation (TASMAC). The court questioned whether the federal structure is being affected by the ED's intervention in cases where local police are already investigating. The Bench, led by CJI B.R. Gavai, highlighted concerns about the ED's conduct and the necessity of sharing information with state authorities under Section 66(2) of the PMLA. The case also touches upon the mandatory nature of providing the Enforcement Case Information Report (ECIR) to the accused, following the Vijay Madanlal Choudhary ruling.
- The Supreme Court is examining if the ED is encroaching upon the state's authority to investigate local offences.
- Section 66(2) of the PMLA requires the ED to share information with state authorities for parallel investigations.
- The court previously ruled in the Vijay Madanlal Choudhary case regarding the status of the ECIR as an internal document.
Despite constitutional protections, caste-based violence against Scheduled Castes (SCs) and Scheduled Tribes (STs) remains a critical issue in India. Recent NCRB data shows a rise in crimes against these communities, with over 57,000 cases registered against SCs in 2023. The article highlights systemic failures, including delayed investigations, low conviction rates, and societal bias within the judiciary and police. Over 60% of cases under the Atrocities Act remain pending in courts. A multi-pronged approach involving legal enforcement, political will, and social reform is necessary to dismantle caste hierarchies and ensure justice.
- NCRB 2023 report indicates a 0.4% increase in crimes against SCs and a 28.8% increase against STs.
- The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, faces severe implementation challenges.
- High pendency rates in courts (over 60%) hinder the delivery of justice for victims of caste violence.
Following protests and demands from the family of deceased Haryana IPS officer Y. Puran Kumar, the Chandigarh Police have added Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act to the FIR. This section mandates life imprisonment for offenses punishable by 10 years or more if committed against an SC/ST person. The officer's 'final note' named several high-ranking officials, including the Haryana DGP. A 31-member committee is demanding the arrest and removal of the named officers, alleging that the initial FIR had diluted the charges. The case highlights the legal complexities of investigating high-profile suicides involving allegations of harassment.
- Section 3(2)(v) of the SC/ST Act prescribes life imprisonment for certain offenses committed against members of these communities.
- The case involves allegations of abetment of suicide and criminal conspiracy against senior police officials.
- The 'final note' of the deceased officer serves as a crucial piece of evidence in the ongoing investigation.
The multi-crore Great Nicobar Island project, involving a power plant, transshipment port, and airport, faces scrutiny over its impact on 13,000 hectares of pristine forests. The article discusses the 'rights of nature' legal framework, where non-human entities like rivers and forests are granted legal personhood. It references the 2013 Niyamgiri Hills judgment, which upheld the gram sabha's power to protect tribal culture and environment. The Uttarakhand High Court's 2017 ruling granting legal personhood to the Ganga and Yamuna rivers is cited as a precedent for recognizing nature's rights in India, potentially offering a new legal path for environmental protection.
- The Great Nicobar project affects a global biodiversity hotspot and critical climate regulator.
- The 'rights of nature' or 'earth jurisprudence' approach grants legal standing to ecosystems, allowing them to be subjects of rights.
- The Supreme Court's Niyamgiri judgment (2013) emphasized the role of the Tribal Council and the Forest Rights Act in forest diversion cases.
The Supreme Court of India, led by CJI B.R. Gavai, indicated it might revisit its earlier order imposing a ban on firecrackers in the Delhi-National Capital Region (NCR). The court is considering allowing the use of 'green' fireworks certified by NEERI and PESO for the upcoming Deepavali festival. This follows a proposal from the Centre to lift the blanket ban and allow licensed traders to sell eco-friendly variants. The court will review the 2018 Arjun Gopal v. Union of India judgment, which previously prohibited online sales and restricted manufacturing to green crackers with reduced emissions.
- The Supreme Court is examining the possibility of allowing green crackers with reduced emissions and noise levels.
- The Centre has proposed specific time slots (8 PM to 10 PM) for bursting crackers during festivals.
- The 2018 Arjun Gopal judgment had declined a complete firecracker ban but restricted sales to licensed traders.
The Supreme Court has ruled that the age limits introduced by the Surrogacy (Regulation) Act, 2021, cannot be applied retrospectively to couples who had already initiated the surrogacy process before the law's enactment. The Act stipulates that an intending woman must be aged 23-50 and the man 26-55. The Court held that applying these limits to couples with previously frozen embryos violates their reproductive autonomy. The ruling emphasizes that the law should not unfairly disqualify those who have already undergone medical procedures based on the legal framework existing at the time of initiation.
- The Surrogacy (Regulation) Act, 2021, came into force on January 25, 2022.
- Reproductive choice is recognized as a fundamental right that cannot be restricted retrospectively.
- The exemption applies to cases where embryos were created and frozen before the commencement of the Act.
A Constitution Bench of the Supreme Court, led by CJI B.R. Gavai, has ruled that judicial officers who had at least seven years of practice as advocates before joining the subordinate judiciary are eligible for appointment as District Judges. Interpreting Article 233 of the Constitution, the court held that a lawyer does not lose their status as a practitioner simply by joining judicial service. This decision aims to bring young talent into the higher district judiciary. The court also mandated a minimum age of 35 years for both advocates and judicial officers applying for these positions.
- Article 233(2) of the Constitution governs the eligibility for appointment as District Judges.
- The ruling clarifies that combined experience as an advocate and a judicial officer counts toward the seven-year requirement.
- A minimum age limit of 35 years is established to ensure maturity in the upper echelons of the district judiciary.
The Kerala government has introduced the Wild Life Protection (Kerala Amendment) Bill 2025, seeking to devolve powers from the Union to the State regarding wildlife management. The Bill aims to allow the State to declare Schedule II animals, such as wild boars, as 'vermin' to address severe human-wildlife conflict. It also empowers the Chief Wildlife Warden to order the killing or capture of animals that have injured humans. However, critics argue this move challenges federal structures as Wildlife is on the Concurrent List, and any state law repugnant to the Central Act requires Presidential assent.
- Wildlife is a subject under the Concurrent List of the Indian Constitution.
- Section 62 of the Central Wildlife (Protection) Act 1972 currently reserves the power to declare 'vermin' for the Union government.
- The amendment seeks to address a 'lived crisis' of human-wildlife conflict in Kerala's agricultural and forest buffer zones.
The Delhi High Court recently issued summons in a case where a spouse sought damages from a third party for interfering in their marriage, reviving the concept of 'alienation of affection' (AoA). While the Supreme Court decriminalized adultery in the Joseph Shine case, it noted that adultery could still be a civil wrong and grounds for divorce. The High Court's move explores whether a civil tort claim can be maintained against a 'paramour' for causing marital breakdown. This raises complex questions about personal autonomy versus marital rights and the jurisdiction of civil courts in matrimonial disputes.
- Alienation of Affection (AoA) is a common law tort allowing a spouse to sue a third party for interfering with the marriage.
- The Supreme Court's Joseph Shine (2018) judgment struck down Section 497 of the IPC, decriminalizing adultery.
- The Delhi High Court is testing whether civil remedies for marital disruption exist outside the specific provisions of personal laws.
While India recognizes passive euthanasia through Supreme Court judgments, implementation remains difficult due to procedural hurdles like advance directives and medical board clearances. Former judge K. Kannan argues that India's approach reflects ethical conservatism, distinguishing between allowing death and causing it. To improve the system, he suggests a national digital portal for advance directives linked to Aadhaar, empowering hospital ethics committees to authorize withdrawal of life support, and integrating end-of-life care training into medical education. The goal is to ensure dignity in dying without moving toward active euthanasia, which remains illegal in India.
- Passive euthanasia involves withdrawing life-sustaining treatment, whereas active euthanasia involves a deliberate act to end life.
- The Supreme Court has upheld the right to die with dignity as part of Article 21 but maintains a distinction between omission and commission.
- Proposed reforms include digitalizing advance directives and decentralizing the oversight mechanism to hospital-based ethics committees.
With over 4.57 crore pending cases in India, Alternative Dispute Resolution (ADR) is being prioritized to provide faster, cost-effective justice. ADR processes like arbitration, conciliation, and mediation are recognized under Section 89 of the Code of Civil Procedure, 1908. Lok Adalats, governed by the Legal Services Authorities Act, 1987, play a vital role in settling compoundable offenses and civil disputes. The article highlights the need for pre-litigation mediation and the establishment of an Indian Arbitration Council. Strengthening ADR is crucial to address the high vacancy rates in courts and the massive backlog of cases across various states.
- ADR mechanisms aim to reduce the burden on the judiciary, where High Courts and district courts face vacancy rates of 33% and 21% respectively.
- Article 39A of the Constitution mandates the state to provide free legal aid and ensure equal justice for all.
- Lok Adalats offer a platform where decisions are final and binding, with no provision for appeal, ensuring the finality of disputes.
Tamil Nadu has sought a Supreme Court review of a judgment requiring all in-service teachers (Classes 1-8) to clear the Teachers' Eligibility Test (TET) within two years or face disqualification. The state argues that 'compulsorily retiring' nearly 4 lakh non-TET qualified teachers would lead to a collapse of the education system and violate Article 21A (Right to Education). The controversy centers on Section 23 of the RTE Act, 2009. While the court aims to ensure quality education, the state seeks a balance that protects the livelihoods of long-serving teachers appointed before the RTE Act's implementation.
- Section 23 of the RTE Act mandates minimum qualifications for teachers as laid down by the NCTE.
- A 2014 SC judgment (Pramati case) exempted minority institutions from the RTE Act, but recent rulings suggest bringing them back under its ambit.
- Tamil Nadu argues that the TET requirement should not apply retrospectively to teachers appointed before the 2010 notification.
The Supreme Court is set to hear a petition challenging the Telangana government's order to enhance the Backward Class (OBC) quota in municipalities and panchayats to 42%. This increase brings the aggregate reservation in local bodies to 67%, exceeding the 50% ceiling established by the Supreme Court in the 1992 Mandal Commission case. The petitioner argues that this violates judicial precedents. Similar legal challenges are pending against reservation hikes in Madhya Pradesh and Chhattisgarh. The Telangana government justifies the move by stating that OBCs are grossly underrepresented despite forming over half the population, while the bill awaits formal assent.
- The Telangana government increased the OBC quota in local bodies from 14% to 42% via a September 26 order.
- The total reservation (SC 15%, ST 10%, OBC 42%) now stands at 67%, breaching the 50% legal limit.
- The 50% ceiling rule was established by a nine-judge Bench in the landmark Indra Sawhney (Mandal Commission) case of 1992.
The Union government has released ₹538.39 crore to Tamil Nadu under the Right to Education (RTE) Entitlements component of Samagra Shiksha Abhiyan (SSA). This follows a Special Leave Petition filed by the State in the Supreme Court after the Madras High Court suggested delinking RTE reimbursements from SSA. The funds include the Centre's share for 2024-25 and the first installment for 2025-26. Under the RTE Act, 25% of seats in entry-level classes in private schools are reserved for marginalized sections. The delay in funds had stalled the admission process in the state.
- The RTE Act mandates 25% reservation for marginalized sections in private schools at entry-level classes.
- Funding for RTE is integrated into the Samagra Shiksha Abhiyan (SSA) scheme, leading to center-state disputes.
- The Supreme Court intervened to ensure the release of central funds to the state to prevent educational disruption.
The latest National Crime Records Bureau (NCRB) report for 2023 highlights several critical social and legal issues. Illegal migration cases under the Foreigners Act were highest in West Bengal and Tripura. Farmer suicides remain a major concern, with Maharashtra and Karnataka accounting for over 60% of cases, often attributed to government policies and import duties. Additionally, crimes against children rose by 9.2%, with kidnapping and POCSO cases being the most prevalent. The report also noted a significant 30.4% increase in environmental offences, primarily related to tobacco products and noise pollution regulations.
- West Bengal recorded the highest number of cases (1,050) under the Foreigners Act and Passport Act in 2023.
- Maharashtra (38.5%) and Karnataka (22.5%) reported the highest percentages of farmer suicides in India.
- Crimes against children reached a rate of 39.9 per 1,00,000, with Madhya Pradesh topping the list of total cases.
The Karnataka High Court dismissed a petition by X (formerly Twitter) challenging the Union government’s Sahyog portal, which automates the issuance of content takedown orders. X argued that the portal bypassed the procedural safeguards of Section 69A of the IT Act. However, the Court ruled that the portal is merely an administrative tool to facilitate compliance with Section 79(3)(b) of the IT Act, which requires intermediaries to remove unlawful content upon receiving 'actual knowledge' from the government. The ruling emphasizes that social media platforms cannot be 'anarchic zones' and must comply with national laws aimed at protecting sovereignty and public order.
- The Sahyog portal is operated by the Indian Cybercrime Coordination Centre (I4C) under the Ministry of Home Affairs.
- Section 69A of the IT Act allows the Centre to block online material on specific grounds like national security.
- Section 79(3)(b) requires intermediaries to remove content once they have 'actual knowledge' of its illegality.
Online gaming companies have approached the Supreme Court, stating that their businesses have 'shut down' due to the implementation of the Promotion and Regulation of Online Gaming Act, 2025. The new law bans real money games, related banking services, and advertisements. The companies are seeking an urgent hearing and interim relief, arguing that the law violates the right to equality, freedom of expression, and the established legal distinction between games of skill and games of chance. The Centre maintains that the law is necessary to curb the 'rapid mushrooming' of online money games that pose risks to individuals and families.
- The Promotion and Regulation of Online Gaming Act, 2025, effectively bans real money online gaming in India.
- Gaming firms argue the law is unconstitutional and fails to distinguish between skill-based gaming and gambling.
- The Supreme Court has transferred various petitions from High Courts to itself to ensure a uniform authoritative pronouncement.
A group of environmentalists, scientists, and former Union Ministers, including Murli Manohar Joshi and Karan Singh, have petitioned the Supreme Court to review its 2021 judgment. The 2021 ruling permitted the widening of roads for the Char Dham project beyond the 5.5-meter limit recommended by an expert committee. Petitioners argue that cutting hill slopes for 10-meter wide roads has caused massive landslides, sinking zones, and ecological damage in the fragile Himalayan region. They seek a return to the 5.5-meter intermediate road width to prevent further disasters, citing recent torrential rains and road blockages as evidence of the project's detrimental impact.
- Petitioners seek a recall of the 2021 SC judgment that allowed 10-meter wide roads for strategic border access.
- The original expert committee had recommended a 5.5-meter width to minimize ecological disturbance in the Himalayas.
- The project involves widening roads leading to the shrines of Yamunotri, Gangotri, Kedarnath, and Badrinath.
The Union Home Ministry has revoked the Foreign Contribution (Regulation) Act (FCRA) registration of the Students Educational and Cultural Movement of Ladakh (SECMOL), founded by activist Sonam Wangchuk. The Ministry cited multiple rule breaches, including the improper deposit of funds and accepting foreign donations for studies involving 'national sovereignty,' which is prohibited under FCRA rules. Wangchuk has termed the charges 'baseless,' explaining that some funds were proceeds from the sale of an old bus. Additionally, the CBI is inquiring into another of Wangchuk's organizations, the Himalayan Institute of Alternatives Ladakh (HIAL), for similar suspected violations.
- SECMOL's FCRA license was cancelled following a showcase notice issued in August.
- The Ministry claims foreign funds were used for activities related to 'national sovereignty,' violating FCRA guidelines.
- The CBI is investigating HIAL, which reportedly does not have FCRA clearance.
Recent Delhi High Court rulings have brought 'personality rights' into focus, protecting celebrities from unauthorized commercial use of their name, voice, and likeness, especially through AI-generated content. While not explicitly codified in a single statute, these rights are derived from the Right to Privacy (Article 21), the Copyright Act 1957, and the Trade Marks Act 1999. Courts use 'passing off' actions to prevent misappropriation of goodwill. However, concerns exist regarding the potential conflict with free speech (Article 19(1)(a)) and the need for a comprehensive legislative framework to replace the current piecemeal judicial approach to ensure consistent enforcement.
- Personality rights protect an individual's unique traits (voice, image, signature) from unauthorized commercial exploitation.
- These rights are grounded in the Right to Privacy under Article 21 and provisions of the Copyright Act, 1957.
- Section 38A and 38B of the Copyright Act grant performers certain exclusive rights and moral rights over their performances.
The article discusses the Supreme Court's 2016 judgment in the Subramanian Swamy case, which upheld criminal defamation by arguing reputation is part of the right to life. However, recent judicial observations suggest the law is frequently misused as a tool for political retribution and intimidation. Unlike physical harm, reputational injury can be addressed through civil damages or retractions. The article argues that criminal defamation fosters opportunistic litigation and self-censorship, particularly among journalists. It notes that many countries, including the U.K., have abolished criminal defamation, suggesting India should follow suit to protect free expression and democratic debate.
- Criminal defamation allows for imprisonment for speech, which is often disproportionate to the actual harm caused to a reputation.
- The law is frequently used by political actors to silence criticism and harass rivals through lengthy and onerous litigation processes.
- Civil proceedings offer a more balanced approach by providing monetary damages without the threat of jail time for contested interpretations.