October 31

SC questions Aadhar linking with mobile phone

The mandate of the Central Government of India for mobile phone users to link their Aadhar card with their mobile phone has brought a flurry of legal cases along with it. Very recently the Chief Minister of the State of West Bengal Ms. Mamata Banderjee has open decried the “Aadhar push” and remarked that there would be no complying with the rules from her side. The State of West Bengal has filed a plea before the The Supreme Court of India against the Aadhar linking mandate. The Court has reprimanded such open defiance and observed “In a federal structure, how can a state file a plea challenging parliament’s mandate. We know it is a matter that needs consideration but you satisfy us how a state can challenge it.” The Court has asked the CM to file the petition in an individual capacity.

At the same time it is to be noted that the Court, while hearing a different plea, has also asked the Centre to reply within four weeks as to why the linking of Aadhar to mobile phone is necessary. The Aadhar is considered to be a breach of the Right to Privacy by many while the Centre says that the Right to Privacy comes with reasonable restrictions and the Aadhar is sought to be one such.

October 28

Husband’s consent not needed for abortion : SC of India

A three judge bench of the Supreme Court of India comprising of Chief Justice Deepak Mishra, Justice A.M. Kanwilkar and Justice D.Y. Chandrachud dismissed an appeal against the judgment of the Hon’ble Punjab & Haryana High Court that had held that only the consent of the mother is required for medical termination of pregnancy or abortion. Her husband has no right to force her into a pregnancy that is undesirable by the woman. The Court held that an adult woman has the “unimpeachable right” to either choose to continue with the pregnancy or terminate it if she so desires. A woman must be mentally prepared to conceive and give birth to the child. This judgment is very welcome in the present scenario and experts believe that it will go a long way to uphold women empowerment.

October 26

No power to condone delay by DRT in filing of appeal

International Asset Reconstruction Company of India versus The Official Liquidator of Aldrich Pharmaceuticals Ltd. & Ors. – The bench comprising of Justice AM Sapre and Justice Navin Sinha of the Hon’ble Supreme Court of India has held in this judgment that the Debt Recovery Tribunals have no power to condone the delay under Section of the Limitation Act in filing an appeal under Section 30(1) of the Recovery of Debts and Bankruptcy Act, 1993 if the statutory period of 30 days expires. The Court further held that the proceedings before a Tribunal cannot be considered to be at par with that before a Court. The Tribunal derives power from the Statute creating it and cannot exercise any power which is not expressly conferred by it.

May 20

What are Nyay Sanyogs?

Justice Dipak Misra has announced that Establishments for Legal Assistance or Nyay Sanyog to be set up countrywide. This is aimed at making it easy for everyone to get information with regard to legal services. Justice Misra apart from being a Judge of the Supreme Court of India, is also the Executive Chairman of the National Legal Services Authority. The first Nyay Sanyog was established in Delhi May 17, 2017. Justice Misra said “Legal Assistance Establishments are multiple services-single point establishments for providing facilities for legal aid seekers under one roof and at a single location.”