Mastering Legal Current Affairs

Legal Current Affairs is a domain where contemporary events directly intersect with legal principles, landmark judicial pronouncements, and significant legislative changes. For CLAT, a nuanced understanding is required – not just what happened, but the legal basis, the ensuing implications, and any constitutional questions that arise. Many developments in this area reflect an evolving legal landscape where individual rights (such as privacy, due process, and equality) are being redefined and balanced against state authority, technological advancements, and societal shifts. This often leads to new regulatory frameworks and pivotal judicial interpretations. For instance, the new criminal laws aim to modernize procedures but also impact the rights of the accused and the state’s investigative powers.9 The Uttarakhand UCC directly alters personal laws, potentially conflicting with religious freedoms and privacy, representing a state-led effort to implement a Directive Principle.42 The Digital Personal Data Protection Act establishes a new framework for privacy in the digital age, imposing significant obligations and granting new rights.47 Supreme Court judgments frequently address the extent of governmental powers versus judicial oversight or interpret fundamental rights in novel contexts. This dynamic interplay between constitutional principles and contemporary challenges is central to legal current affairs.

  • Theme 1: Implementation of New Criminal Laws

Context: India implemented three new criminal laws on July 1, 2024: the Bharatiya Nyaya Sanhita (BNS), replacing the Indian Penal Code; the Bharatiya

Nagarik Suraksha Sanhita (BNSS), replacing the Code of Criminal Procedure

(CrPC); and the Bharatiya Sakshya Adhiniyam (BSA), replacing the Indian Evidence Act.9

Analysis: These laws introduce several changes: mandatory provision of FIR

copies to complainants, a 90-day limit for police probes with updates to the complainant, facility for witnesses to record statements via video conferencing, witness protection provisions, trials in absentia for absconded accused, and the introduction of community service as a form of punishment.9 However, their implementation faces significant challenges. A major hurdle is the 36 million criminal cases pending under the old laws, which will continue to be governed by the old statutes, potentially for decades, especially with appeals.10 Procedural confusion is anticipated, particularly regarding the retrospective application of new procedures to old cases.10 Police forces also face infrastructural deficits for digitization (e.g., online FIR registration, digital recording of seizures) and require extensive training.10 For instance, in Delhi alone, over 35,000 police personnel underwent training to familiarize themselves with the new criminal codes.9 CLAT Perspective: Focus on:

■ The names of the new laws and the colonial-era laws they replaced.

■ Specific procedural changes related to FIRs, investigation timelines, evidence recording, and sentencing.9

■ The practical challenges in implementation affecting the judiciary and

police.10

■ The legal complexities arising from the parallel operation of old and new laws.

■ The objectives behind these reforms (e.g., modernization, victim-centric justice).

  • Theme 2: Uttarakhand Uniform Civil Code (UCC) Bill, 2024

Context: Uttarakhand became the first state in post-independence India to pass a Uniform Civil Code (UCC) bill in February 2024, aiming to standardize personal laws.42

Analysis: The Uttarakhand UCC applies to all residents of the state irrespective of religion, except for Scheduled Tribes.42 Key provisions include compulsory registration of marriages (within 60 days, non-registration may incur a penalty of Rs 10,000; false information Rs 25,000 fine and 3 months jail 45) and divorces; uniform grounds for divorce; equal inheritance rights for sons and daughters, abolishing distinctions between ancestral and self-acquired property for this purpose; and significantly, the mandatory registration of live-in relationships.42 The code grants legal recognition to live-in relationships, provides for maintenance for deserted partners, and legitimizes children born from such unions.42 Failure to register a live-in relationship after notice can lead to imprisonment up to 6 months or a fine of Rs 25,000 or both.42 Practices like halala, iddat, and triple talaq are made punishable offences (imprisonment up to 3 years or fine of Rs 1 lakh or both for breach 43).43 The bill has sparked considerable debate. Supporters view it as a step towards gender equality and national integration.44 However, concerns have been raised about potential infringement of the right to privacy (Article 21, Puttaswamy judgment) due to mandatory registration of live-in relationships, and the exclusion of LGBTQIA+ relationships from its ambit, as it defines live-in relationships as being between a man and a woman.43 CLAT Perspective: Questions could explore:

■ The unique features of the Uttarakhand UCC, especially regarding live-in relationships and penalties.42

■ The constitutional articles central to the UCC debate (Article 44 – Directive Principle for UCC; Article 14 – Equality; Article 15 –

Non-discrimination; Article 21 – Right to Life and Personal Liberty/Privacy; Article 25 – Freedom of Religion).

■ Arguments for (gender justice, legal simplification) and against (infringement of privacy, religious freedom concerns, exclusion of LGBTQIA+ 43).

■ The significance of a state enacting a UCC and its potential implications for a national UCC.

  • Theme 3: Major Supreme Court Judgments (Constitutional Matters)

2024-2025

Context: The Supreme Court of India delivers numerous judgments with significant constitutional implications, shaping the legal landscape.

Analysis (based on illustrative judgments):

■ ***State of U.P. v. Assn. of Retired Supreme Court & High Court Judges (Jan 2024)***: The SC held that High Courts cannot direct State Governments to notify rules proposed by the Chief Justice regarding post-retiral benefits for former judges under Article 229, as this power pertains to HC officers and servants, not judges. It also deprecated the routine summoning of government officials and the invocation of criminal contempt for filing recall applications, emphasizing separation of

powers.49

■ ***Union of India v. Santosh Kumar Tiwari (May 2024)***: The SC examined Rule 27 of the Central Reserve Police Force Rules, 1955, and its relation to Section 11 of the CRPF Act, 1949, regarding the imposition of punishments like compulsory retirement. The Court affirmed the Central Government’s power to frame rules and impose punishments beyond those specified in Section 11, upholding the validity of Rule 27.50

■ ***Arbitral Award Modification (Gayatri Balasamy v ISG Novasoft

Technologies Limited, May 2025)***: A Constitution Bench, by a 4:1 majority, ruled that courts have limited power to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, clarifying that the power is primarily to “set aside” an award rather than extensively modify it. 51

■ ***CrPC on Customs/GST Act (Spring Session 2025)***: The SC ruled that procedural safeguards under CrPC (now BNSS) apply to arrests under the Customs Act and GST Act, requiring authorities to demonstrate “reasons to believe” before arrest, similar to PMLA provisions. Justice Trivedi clarified that judicial review of such arrests is limited to cases where mala fides are prima facie evident. 51

■ ***Right Against Adverse Effects of Climate Change (2024)***: In a significant pronouncement, the Supreme Court expanded the ambit of fundamental rights, holding that there exists not only a right to a clean and healthy environment under Article 21 (Right to Life and Personal Liberty) but also a distinct right against the adverse effects of climate change. This recognition elevates climate change concerns to a fundamental rights issue.

■ ***Sub-classification within SC/ST Categories for Affirmative Action (2024)***: Addressing reservation complexities, the Supreme Court batted in favour of states undertaking sub-classifications within Scheduled Castes and Scheduled Tribes to ensure reservation benefits reach the most deprived sections, promoting substantive equality.

■ ***Judicial Accountability and the Lokpal (Suo Moto, early 2025)***: The Supreme Court took suo moto cognizance and stayed a Lokpal order asserting jurisdiction to investigate corruption complaints against High Court judges. The Court is examining if the Lokpal Act, 2013, can bypass the SC’s 1999 in-house procedure for judicial misconduct.51 CLAT Perspective: For passages based on SC judgments:

■ Identify the core legal issue, the facts in brief, and the final decision of the Court.

■ Understand the constitutional articles, statutes, or legal principles interpreted or applied.

■ Grasp the reasoning (ratio decidendi) behind the verdict.

■ Note any significant precedents cited or new legal doctrines laid down.

■ Consider the broader implications of the judgment on governance, individual rights, or the functioning of legal institutions.

  • Theme 4: Digital Personal Data Protection Act (DPDP Act), 2023
    • Context: Enacted in August 2023, the DPDP Act is India’s comprehensive legislation on data privacy, establishing a framework for the protection of digital personal data.47

Analysis: The Act is built on principles like lawful, fair, and transparent processing; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability. It grants Data Principals (individuals to whom data pertains) several rights, including the right to access information about their data, correct or erase data (right to be forgotten 47), grievance redressal, and nominate someone in case of incapacity.47 Data Fiduciaries (entities determining the purpose and means of processing) have significant obligations, such as obtaining valid, free, specific, informed, and unambiguous consent; processing data only for stated purposes; ensuring data accuracy; implementing security safeguards to prevent breaches; notifying the Data Protection Board of India (DPBI) and affected individuals of breaches; and erasing data when the purpose is fulfilled or consent is withdrawn.47 The Act allows for cross-border data transfer unless specifically restricted by the government. It establishes the DPBI as the adjudicatory body with powers to impose substantial financial penalties (up to INR 250 crore per instance) for non-compliance.47 CLAT Perspective: Focus on:

■ Key definitions: Data Principal, Data Fiduciary, personal data, processing, consent.47

■ The core principles of data protection enshrined in the Act.

■ The rights of Data Principals and the obligations of Data Fiduciaries.47

■ The concept and requirements of valid consent.47

■ The role, powers, and functions of the Data Protection Board of India (DPBI).47

■ Penalties for non-compliance.47

■ The connection to the fundamental right to privacy (as affirmed in the Puttaswamy judgment).

  • Theme 5: Significant Bills Passed by Indian Parliament 2024-2025
    • Context: The Indian Parliament considers and passes numerous bills that bring about significant legal changes. The Budget Session 2025 (Jan 31 – Apr 4, 2025) saw ten Bills passed.

Analysis (based on available data for 2024-2025):

The Immigration and Foreigners Bill, 2025:

Objective: To consolidate and amend laws related to immigration, entry into, presence, and departure of foreigners from India, replacing acts like the Foreigners Act, 1946.

Key Provisions: Mandates valid passport and visa for entry/departure;

establishes Bureau of Immigration; requires registration of foreigners on arrival; imposes obligations on carriers, educational, and medical institutions to provide information about foreigners.

Implications: Aims for a robust framework for managing foreigners, enhancing national security.

The Waqf (Amendment) Bill, 2024:

Objective: To amend the Waqf Act, 1995, governing Waqf properties.

Key Provisions: States that any government property identified as Waqf will cease to be Waqf; an officer above Collector rank to determine ownership in uncertain cases. Passed after extensive debate.

Implications: Could alter management of properties currently classified as Waqf, especially involving government land.

The Protection of Interests in Aircraft Objects Bill, 2025 (Passed): Probably related to aligning Indian law with international conventions (e.g., Cape Town Convention) to facilitate aircraft financing and leasing.

The “Tribhuvan” Sahkari University Bill, 2025 (Passed): Suggests the establishment of a new university focused on the cooperative sector.

The Banking Laws (Amendment) Bill, 2024 (Passed) 13: Indicates reforms in the banking sector.

The Railways (Amendment) Bill, 2024 (Passed) 13: Points to changes in railway administration or operations.

The Disaster Management (Amendment) Bill, 2024 (Passed): Likely updates the framework for disaster preparedness and response.

The Water (Prevention and Control of Pollution) Amendment Bill, 2024 (Passed) 13:

Objective: To amend the Water (Prevention and Control of Pollution) Act, 1974, to decriminalize certain minor offenses and introduce adjudicatory mechanisms for imposing penalties.

Implications: Aims for faster resolution of violations and reducing court burden.

The Public Examinations (Prevention of Unfair Means) Bill, 2024 (Passed) 13:

Objective: To curb cheating and malpractice in public examinations and ensure transparency.

Key Provisions: Defines offenses like paper leaks, impersonation, and tampering; prescribes stringent penalties including imprisonment and fines.

Implications: Aims to deter malpractices and restore faith in public examination systems.

The Boilers Bill, 2024 (Passed), 13]: Relates to the regulation of boilers.

CLAT Perspective: For any bill:

■ Understand its primary objectives and the problems it seeks to address.

■ Identify the key changes or new provisions it introduces.

■ Note the ministry piloting the bill and its date of passage/assent.

■ Consider its potential impact on citizens, specific sectors, or governance.

  • Theme 6: Law Commission of India Recent Reports 2024-2025

Context: The Law Commission of India, an advisory body to the Ministry of Law and Justice, undertakes legal research and makes recommendations for law reform. 41

Analysis (based on available data for 2024):

Report on Matrimonial Issues of NRIs/OCIs: Recommended comprehensive central legislation for marriages involving NRIs/OCIs, covering divorce, maintenance, service of documents, mandatory marriage registration, and passport amendments.41

Report on Criminal Defamation: Recommended retaining criminal defamation within the criminal laws, balancing the right to reputation

(Article 21) with freedom of speech.41

Report No. 286 on Epidemic Diseases Act, 1897: Recommended a comprehensive review or new legislation to manage future epidemics, emphasizing the right to health (Article 21).41

■ The India Justice Report 2025 (published April 2025, though not a Law Commission report, it’s a significant legal system analysis) ranks states on justice delivery capacity using government data, highlighting issues like case pendency (over 51 million cases pending in 2024 53) and the need for

reforms.54

CLAT Perspective:

■ Be aware of the subject matter of recent Law Commission reports.

■ Understand the key recommendations made by the Commission.

■ Note the legal or constitutional issues addressed in these reports.

■ Recognize the advisory nature of the Law Commission’s recommendations.

  • Theme 7: Judicial Reforms and Appointments Debate

Context: The Indian judiciary has been a subject of ongoing debate regarding appointments, accountability, and the need for reforms to address issues like case pendency and corruption allegations. 53

Analysis:

Collegium System: The current system for appointing judges to the

Supreme Court and High Courts involves a collegium of senior judges making recommendations.53 This system, established through Supreme Court judgments (the “Three Judges Cases”), has faced criticism for its perceived opacity.55

NJAC Verdict and Aftermath: The National Judicial Appointments Commission (NJAC) Act, which proposed a body with judicial, legislative, and executive representation for appointments, was struck down by the Supreme Court in 2015. However, the verdict also led to numerous suggestions for improving the justice system.55

Challenges: Key challenges include mounting judicial vacancies (one-third in High Courts as of March 2025 55), a massive backlog of pending cases (over 51 million in 2024 53, with 4.5 crore mentioned in 55), and occasional allegations of corruption or misconduct within the

judiciary.55

Proposed Reforms:

Independent Oversight Body: Suggestions include establishing an independent body to investigate judicial corruption and misbehavior, similar to the UK’s Judicial Conduct Investigations Office (JCIO).55

Asset Disclosure: Calls for mandatory and transparent disclosure of assets by judges at all levels to curb corruption, a principle from the 1997 Restatement of Values of Judicial Life, though compliance remains low (only 11.94% of sitting judges nationwide as of April 2025

55).

Whistleblower Protection: Extending the Whistle Blowers Protection Act, 2014, to cover the judiciary to encourage reporting of misconduct.55

Ad-hoc Judges: Utilizing retired judges as ad-hoc judges under Article 224A to tackle case backlogs, as directed by the Supreme Court, though implementation has been slow.55

Expanding the Collegium: Proposals to make the collegium more broad-based by including legal experts, government representatives, and jurists nominated by the opposition, similar to the UK’s Judicial Selection Commission.55

CLAT Perspective: Understand the functioning of the collegium system, the rationale behind the NJAC debate, current challenges facing the judiciary (pendency, vacancies), and the nature of proposed reforms aimed at enhancing transparency, accountability, and efficiency.

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