List of Current Affairs

Source: Supreme Court 

Why in News? 

A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra is hearing a plea challenging the Bar Council of India’s decision to prevent final year law students from appearing in the All India Bar Examination (AIBE).                  

• The Supreme Court observed this in the petition filed under the name of Nilay Rai & Ors v. Bar Council of India. 

What was the Background of Petition Nilay Rai & Ors v. Bar Council of India? 

• A writ petition has been filed in Supreme Court challenging the notification of Bar Council of India (BCI) regarding the eligibility for the All India Bar Examination (AIBE). 
• The notification issued prohibits the final year law students from registering and appearing in the upcoming AIBE. 
• This writ petition has been filed by 9 final year law students of the 3 year LL.B program at Delhi University’s Campus Law Centre and Law Centre. 
• The petitioners have raised the following plea against the notification issued by BCI: 
  • The notification is contrary with the decision of Supreme Court in Bar Council of India v. Bonnie FOI Law College (2023) where the Constitution Bench observed that: 
    • Final year students should be allowed to sit for AIBE (subject to clearing their law degree). 
    • The Court also directed the BCI in this case to conduct the exam twice a year. 
  • The petitioners have further argued that the notification barred them from appearing in upcoming AIBE which leads to the loss of their valuable time in pursuing their professional careers. 
  • The notification is arbitrary as it overlooks the different schedules of universities declaring their results and adversely impacts those students whose results declaration is delayed.  
• The following reliefs have been sought by the petitioner: 
  • To quash the notification issued by the BCI. 
  • To allow the final semester to appear in the upcoming exam. 
  • Interim stay on the notification. 

What were the Court’s Observations?  

• The Supreme Court has sought the response of BCI regarding this petition. 
• The BCI has informed the Court that it was framing rules on allowing final year law students to write the AIBE. 
• Thus, the Court observed that once the rules are framed there will be more clarity on the matter. 
• Thus, the matter will be taken up by the Court after considering the response of BCI.

What is AIBE? 

• The AIBE was approved by the Bar Council of India in a meeting held on 30th April 2010. 
• The AIBE Examination was made mandatory for all law students graduating from the academic year 2009-10 onwards. 
• The candidates may apply to appear in the examination only after enrolling as an advocate under Section 24 of the Advocates Act, 1961. 
• Purpose and Significance of AIBE  
  • The sole aim of AIBE is to improve the standard of the legal profession. 
  • The exam assesses the basic level of knowledge and lays down the minimum benchmark for entering the practice of law in addition to assessing his analytical skills. 
  • A member who has qualified the exam can attend the Court hearings in any tribunals courts and administrative bodies.  
• After clearing the AIBE the candidate is awarded a Certificate of Practice (COP) by the BCI. 

What is the Format and Nature of AIBE? 

• Format 
  • It is conducted in Offline mode 
  • The format of the paper is Multiple Choice Model 
  • Duration is of three and a half hours 
  • It is an Open book Exam 
  • It is conducted in 50 cities having 140 Centres.  
  • The passing percentage is 45% for General/OBC and 40% for SC/ST and Disabled Candidates. 
• Nature  
  • It is a post enrollment examination. 
  • The persons are said to be provisionally enrolled on an undertaking that they would pass the exam within 2 years of the said enrollment.

What are the Other Opportunities for Last Year Law Students? 

• CLAT PG 
  • Every year PSU recruitment takes place through CLAT LLM score. 
  • The PSU’s that conduct the recruitment through CLAT PG are: 
    • Power Grid Corporation of India Limited (PGCIL) 
    • Indian Oil Corporation Limited (IOCL) 
    • Bharat Heavy Electricals Limited (BHEL) 
    • Oil and Natural Gas Corporation (ONGC) 
    • Oil India Limited (OIL) 
    • National Thermal Power Corporation Limited (NTPC) 
• Supreme Court Law Clerk/Research Assistant 
  • The Supreme Court of India announces vacancies for the post of Supreme Court Law Clerk- Research Assistant on yearly basis. 
  • The candidate can be a person studying in the last year of their 5 year or 3-year law degree. 
  • There are three phases of the exam: 
    • Part I : Multiple Choice Questions 
    • Part II : Subjective Written Test 
    • Part III: Interview  
• Rajasthan Judicial Services 
  • For the purpose of being eligible to give any judicial service examination it is important that the candidate should have completed their law degree. 
  • However, a final year student can appear for Rajasthan Judicial Services. 

Source: Supreme Court  

Why in News? 

Justice BV Nagarathna has been appointed as the Chairperson of the Supreme Court's reconstituted Gender Sensitisation and Internal Complaints Committee, succeeding Justice Hima Kohli after her retirement.  

• The committee now includes members such as Justice N Kotiswar Singh, Bansuri Swaraj, and Sakshi Banga, with Menaka Guruswamy and Nina Gupta continuing to represent the SCBA. 

What was Constitution and Composition of the Gender Sensitisation & Internal Complaints Committee for the Supreme Court of India? 

• Section 4 of the Gender Sensitisation & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations, 2013 deals with Supreme Court Gender Sensitisation and Internal Complaints Committee 
• It shall consist of not less than 7 members and not more than 13 members. 
• The composition includes:  
  • One or two Supreme Court judges, one of whom will be the Chairperson 
  • One or two senior members of the Supreme Court Bar Association 
  • One or two members elected by the Supreme Court Advocates-on-Record Association 
  • One woman member from the Advocates-on-Record Association 
  • One woman member of the Supreme Court Bar Association 
  • At least one outside member nominated by the Chief Justice of India from NGOs or other bodies dealing with women's issues 
• The majority of GSICC members shall be women. 
• The outside member appointed shall be paid fees or allowances as prescribed. 
• The document also outlines conditions under which a chairperson or member of GSICC may be removed, such as being convicted of an offense or failing to constitute an Internal Sub-Committee. 
• The term for GSICC members is two years, with the possibility of re-nomination for one more term. 

The Supreme Court Gender Sensitisation and Internal Complaints Committee, 2024 

What are the Important Sections of Gender Sensitisation & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition & Redressal) Regulations, 2013? 

• Section 5 deals with term of committee 
  • It states the term of committee the term of each member is 2 years, subject to the member being elected/nominated for a maximum period of two terms and a member who has been remove under Section 4(5) shall not be eligible for re-nomination or re-election. 
• Section 6 deals with meeting of committee 
  • GSICC shall meet at least once every three months. 
  • Quorum for meetings is minimum 5 members including the Chairperson. 
  • If the quorum is not present, the meeting shall be adjourned for 30 minutes and then held with available members. 
  • Emergency meetings can be called by the Chairperson with 24 hours notice. 
• Section 7 deals with Function of Meeting  
  • GSICC shall ensure compliance with the Supreme Court's Gender Sensitisation Regulations. 
  • It shall make recommendations to the Chief Justice on issues like safety of women. 
  • GSICC shall organize workshops and training programs for gender sensitization. 
  • It shall bring to the Chief Justice's notice any neglect of the Regulations by any person. 
• Section 8 deals with Complaint of Sexual Harassment  
  • An aggrieved woman can make a complaint of sexual harassment in writing to the GSICC. 
  • If the woman cannot make a written complaint, any member of GSICC shall render reasonable assistance to her for making the complaint in writing. 
  • The complaint can be made by the aggrieved woman, or any person authorized by her. 
  • Where the aggrieved woman is unable to make a complaint due to physical or mental incapacity, a complaint may be filed by her relatives, friends, co-workers, or any person who has knowledge of the incident. 
• Section 9 - Inquiry into complaint 
  • Upon receiving a complaint, GSICC shall constitute an Internal Sub-Committee to conduct a fact-finding inquiry. 
  • The Internal Sub-Committee shall comprise three members of the GSICC, with majority being women and at least one outside member. 
  • The inquiry shall be conducted and completed within 90 days of the Constitution of the Internal Sub-Committee. 
• Section 10 - Inquiry Report 
  • On completion of the inquiry, the Internal Sub-Committee shall provide the Inquiry Report of its findings to the GSICC within 10 days. 
  • If the allegation against the Respondent is proved, the Internal Sub-Committee shall recommend appropriate action to the GSICC. 
  • If the allegation is not proved, it shall recommend that no action is required. 
• Section 11 - Order on Inquiry Report 
  • GSICC shall pass orders either accepting or rejecting the Inquiry Report of the Internal Sub-Committee. 
  • GSICC can pass consequent orders that may be appropriate and necessary for putting an end to the sexual harassment. 
  • Orders may include admonition, admonition with publication, prohibition from entering Supreme Court precincts, or any other order to do justice to the victim of sexual harassment. 
• Section 14 - Powers 
  • GSICC has the power to issue circulars/notifications for carrying out and implementing the provisions of the Regulations. 
  • GSICC can pass any orders to achieve the objectives of the Regulations. 
  • GSICC and the Internal Sub-Committee have powers similar to those vested in a Civil Court under the Code of Civil Procedure, 1908, in certain matters like summoning witnesses, requiring discovery and production of documents, etc. 
• Section 15 - Duties 
  • GSICC shall take measures to provide a safe working environment at the Supreme Court of India premises. 
  • It shall display at any conspicuous place the penal consequences of sexual harassment and the order constituting the Internal Committee. 
  • GSICC shall organize workshops and awareness programs at regular intervals for sensitizing persons carrying out work at the Supreme Court premises. 
  • It shall provide necessary facilities to the Internal Sub-Committee for dealing with complaints and conducting inquiries. 
  • GSICC shall assist in securing the attendance of respondents and witnesses before the Internal Sub-Committee. 

What are the 2015 Guidelines of the Gender Sensitization and Sexual Harassment of Women at Supreme Court (Prevention, Prohibition and Redressal) 

• Constitution of the Internal Sub-Committee:  
  • It consists of three members, with a majority being women, including one outside/external member. 
  •  The external member is paid Rs. 3000 per sitting. 
• Complaint Process:  
  • The aggrieved woman must file a written complaint with supporting documents and witness statements to the GSICC Member-Secretary.  
  • The respondent has 7 days to submit a written response. 
• Inquiry Procedure:  
  • The Internal Sub-Committee provides opportunities for both parties to present their case, including oral hearings that are video recorded.  
  • Confidentiality of proceedings must be maintained. 
• Timeframe:  
  • The inquiry should be completed within 90 days of the Internal Sub-Committee's constitution. 
• Recommendations:  
  • After the inquiry, the Internal Sub-Committee submits a report with findings to the GSICC, recommending appropriate action or closure of the complaint. 
• False Complaints: 
  •  If the complaint is found to be false or malicious, the Internal Sub-Committee may recommend action to deter such false complaints. 

Source: Allahabad High Court 

Why in News? 

• Recently, the Allahabad High Court in the matter of X v. Y has held that under Section 12 of the Hindu Marriage act, 1955 (HMA) the phrase “material fact” includes any fact which is necessary for obtaining consent for marriage if concealed then it can be a ground to declare a marriage voidable. 

What was the Background of X v. Y Case? 

• In the present case, the husband (respondent) and the wife (appellant) married each other in the year 1995. 
• The husband filed the petition for declaring the marriage null and void under Section 12 of the HMA, 1955 as  
  • It was alleged that a man came to him and informed about his wedding with the appellant in the year 1992. Later it was dissolved by an agreement between the two. 
  • It was further alleged that the appellant did not inform him about her first wedding. 
  • It was alleged that this wedding of appellant and respondent is based on concealment of facts. 
• The Family court allowed the application of the respondent and declared the marriage null and void. 
• Aggrieved by the decision of the Family court the present appeal has been filed by the wife under Section 28 of the HMA before the Allahabad High Court as 
  • It was argued by the wife that the application filed by the husband is because the dowry demand has not been fulfilled. 
  • It was further argued that the husband was already informed about her first marriage. 

What were the Court’s Observations? 

• The Allahabad High Court observed that 
  • The appellant and her mother in their statement made it clear that the respondent and his family inquired about the appellant before marriage and were aware about her first marriage. 
  • The appellant then admitted that she informed the respondent about her first marriage at the time of her vidaai so that marriage could be solemnized. 
  • There was no court decree to show that the first marriage of the appellant was dissolved. 
• The Allahabad High Court, therefore, held that 
  • The Findings of the lower court were correct. 
  • The appellant did not inform the respondent about her first marriage. 
  • The appellant failed to produce any evidence for her dissolved marriage. 
  • The marriage was null and void.

What is Voidable Marriage? 

• A marriage which can be annulled or avoided at the option of one or both the parties is known as voidable marriages. 
• A voidable marriage remains valid and binding and continues to subsist for all purposes, unless a decree is passed by the court annulling the same on any of the grounds mentioned in Section 12 of HMA. 

Section 12 of HMA 

• Section 12 of HMA envisages provision for voidable marriage as: 
  • A voidable marriage is a valid marriage until it is avoided, and it can only be done if one of the parties to the marriage files a petition for the same. 
  • However, if any of the parties do not file a petition for the annulment of the marriage, it will remain valid. 
  • The parties have the status of a husband and a wife, and their children are considered to be legitimate. All the other rights and obligations of the spouses remain intact. 
• Clause (ii) of Section 5 of HMA if not complied with makes a marriage voidable. 
• Section12 of the Hindu marriage Act further mentions following grounds on which marriage can be declare as voidable: 
  • If the marriage has not been consummated because of impotency of the respondent. 
  • If either of the parties to the marriage is incapable of giving consent or has been subject to recurrent attacks of insanity. 
  • If the consent of the petitioner or the consent of the guardian of the petitioner has been obtained by force or fraud. 
  • If the respondent was pregnant before the marriage by some other person than the petitioner.