Ministry of Law and Justice

Legislation UpdatesNotifications

The Central Government has notified the re-designation of Assistant Solicitor General of India as Deputy Solicitor General of India for future references.

The notification clarifies that the re-designation from ‘Assistant Solicitor General of India’, the Senior Central Standing Counsel in High Courts, to ‘Deputy Solicitor General of lndia’, has been done to remove confusion and doubt between Additional Solicitor General of lndia and Assistant Solicitor General of lndia, as both of them use same abbreviation ‘ASG’. They will continue to be governed by the existing terms & conditions as per the Department’s OM No. 26( 1 )/99-Judl. dated 24.09.1 999,”

The notification further clarified that the abbreviation for the new designation of Deputy Solicitor General of India would be “DSGI” and that it should be strictly followed.

 

Legislation UpdatesRules & Regulations

On 27-08-2022, the Central Government Supreme Court Judges (Amendment) Rules, 2022 to further amend the Supreme Court Judges Rules, 1959.

Key points:

  • Domestic Help, Chauffeur, Secretarial Assistant shall be deployed with a Retd. Chief Justice of India and Retd. Judges of Supreme Court during their lifetime from the establishment of the Supreme Court or a High Court with full pay and allowances admissible to regular employees of the Supreme Court.
  • A retired Chief Justice shall be entitled to a security cover round the clock at residence in addition to round the clock personal security guard for a period of five years from the date of retirement.
  • A retired Judge shall be entitled to a security cover round the clock at residence in addition to round the clock personal security guard for a period of three years from the date of retirement.
  • A retired Chief Justice shall be entitled to a rent free Type-VII accommodation at Delhi (other than the designated official residence) for a period of six months from the date of retirement.
  • A retired Chief Justice or a retired Judge shall be entitled to protocol to extend courtesies at ceremonial lounges at airports.
  • A retired Chief Justice or a retired Judge shall be entitled to a residential telephone free of cost and reimbursement of telephone call charges of residential telephone or mobile phone or broadband or mobile data or data card not exceeding to Rs.4200/- per month plus taxes as applicable:
  • The post retiral benefits shall be admissible to the retired Chief Justice or the retired Judge if no such facilities are availed from any High Court or from any other government body where the retired Chief Justice or a retired Judge has taken up any assignment after retirement.
Legislation UpdatesStatutes/Bills/Ordinances

   

On 12-8-2022 the Ministry of Law and Justice notified the National Anti-Doping Act, 2022 to define Anti-Doping rule violation, athlete support personnel, National Sport Federation etc. The Act provides for constituting National Board for Anti-Doping Agency (‘NADA') as a statutory body headed by a Director General appointed by the Central Government. It shall come into force on such a date as the Central Government may, by notification in the Official Gazette, appoint.

Key Points: –

Constitution and Establishment of National Board for Anti-Doping in Sports—

The National Board for Anti-Doping in Sports consists of —

  1. Chairperson (a person of ability, integrity who has at least twenty years’ experience in the field of sport administration or retired eminent athlete).

  2. Two members appointed by the Central Government (a person of at least fifteen years’ experience in the field of general administration, medical sciences, law or a retired eminent athlete).

No person shall be appointed as Chairperson or member of board if involved in management of any International Federation, National Sport Federation Organization, National Paralympics Committee or the government department with responsibility for sport or anti-doping.

Term of Office — Chairperson and members shall be for three years or till they attain the age of sixty-five, whichever is earlier.

The National Board for Anti-Doping in Sports will be established to make recommendations to the government on anti-doping regulations. The Board will supervise the activities of NADA (National Board for Anti-Doping Agency).

  1. Disciplinary Panel and Appeal Panel—The Board will constitute a National Anti-Doping Disciplinary Panel for determining consequences of anti-doping rule violations. The Disciplinary Panel consists of a chairperson and four Vice-Chairpersons (all legal experts), and ten members (medical practitioners and retired eminent athletes).

Prohibition of Doping in Sport and Anti-Doping Rule Violation—

The Act prohibits athletes, athlete support personnel, and other persons from engaging in doping in sport.

Violation of anti-doping rules may result in disqualification of results including forfeiture of medals, points and prizes, ineligibility to participate in a competition or event for a prescribed period, and financial sanctions.

*Disha Srivastava, Publication Assistant has reported this brief.

Legislation UpdatesStatutes/Bills/Ordinances

   

On 12-8-2022 the Ministry of Law and Justice notified the Family Courts (Amendment) Act, 2022 to further amend the Family Courts Act, 1984.

Key Amendments:

In Section 1 sub clause (3) a proviso has been inserted namely which provides that it shall be deemed to have come into force in the State of Himachal Pradesh with effect from the 15-2-2019 and in the State of Nagaland with effect from 12-9-2008.

  • Insertion of Section 3 A which specifies establishment of Family Court in Himachal Pradesh with effect from 15-2-2019 and Nagaland with effect from 12-9-2008. The establishment of Family Courts in both the states will be retrospectively valid from these dates.

All actions taken under the Act in both the states, including the appointment of judges, orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.

*Disha Srivastava, Publication Assistant has reported this brief.

Legislation UpdatesRules & Regulations

The Central Government has notified Notaries (Second Amendment) Rules, 2022 in order to amend Notaries Rules, 1956.

The amendment inserts a proviso in Rule 8B relating to Renewal of Certificate of Practice in order to relax the application for renewal:

“Provided that the appropriate Government may, after considering the reasons stated in the application, relax the condition of submission of application for renewal of Certificate of Practice before the said period of six months;

Provided further that where an application for renewal of Certificate of Practice is received within one year after the date of expiry of its period of validity, the appropriate Government may, after considering the reasons stated in the application, renew the Certificate of Practice with effect from the date of expiry of its period of validity.”

Appointments & TransfersNews

The President appoints following Additional Judges of the Allahabad High Court, to be Judges of the Allahabad High Court with effect from the date they assume charge of their respective offices:

  1. Shri Justice Sanjay Kumar Pachori,
  2. Shri Justice Subhash Chandra Sharma,
  3. Shri Justice Subhash Chand,
  4. Smt. Justice Saroj Yadav,
  5. Justice Mohd. Aslam,
  6. Shri Justice Anil Kumar Ojha,
  7. Smt. Justice Sadhna Rani(Thakur),
  8. Justice Syed Aftab Husain Rizvi,
  9. Shri Justice Ajai Tyagi, and
  10. Shri Justice Ajai Kumar Srivastava-I

Ministry of Law and Justice

Central Government Notification
Legislation UpdatesRules & Regulations

The Central Government, after consulting the Election Commission of India has notified Registration of Electors (Amendment) Rules, 2022 to amend the Registration of Electors Rules, 1960. 

Key points:

  • A new Rule 26 A has been inserted which provides Merger and integration of list of amendments. The rule provides that the list of amendments prepared with reference to the qualifying dates shall be merged and integrated with the last finally published roll and published as draft roll, before every election and bye-election and shall be put in public domain with reference to the qualifying date, proximate to the said election, as the Election Commission may direct.
  • A new Rule 26B has been inserted for providing Aadhaar number. Rule 26B provides that every person whose name is listed in the roll may intimate his Aadhaar number to the registration officer in Form 6B. 
Legislation UpdatesStatutes/Bills/Ordinances

On December 25, 2021, the Surrogacy (Regulation) Act, 2021 received President’s assent in order to regulate the practice and process of surrogacy, constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards. 

Key features of the Act:

I. Prohibition and regulation of surrogacy clinics:

    • No surrogacy clinic, unless registered under this Act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures; or employ or cause to be employed or take services of any person, whether on honorary basis or on payment, who does not possess such qualifications as may be prescribed.
    • No surrogacy clinic, paediatrician, gynaecologist, embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form; or store a human embryo or gamete for the purpose of surrogacy except storage for other legal purposes like sperm banks, IVF and medical research; or conduct or cause to be conducted sex selection for surrogacy.

II. Regulation of surrogacy and surrogacy procedures: No surrogacy or surrogacy procedures shall be conducted, undertaken, performed or availed of, except for the following purpose:

    • when an intending couple has a medical indication necessitating gestational surrogacy provided that a couple of Indian origin or an intending woman who intends to avail surrogacy, shall obtain a certificate of recommendation from the Board on an application made by the said persons in such form and manner as may be prescribed.
      Note: “gestational surrogacy” means a practice whereby a surrogate mother carries a child for the intending couple through implantation of embryo in her womb and the child is not genetically related to the surrogate mother;
    • when it is only for altruistic surrogacy purposes;
    • when it is not for commercial purposes or for commercialisation of surrogacy or surrogacy procedures;
    • when it is not for producing children for sale, prostitution or any other form of exploitation.

III.  Written informed consent of surrogate mother: All known side effects and after effects of such procedures shall be informed to the surrogate mother concerned and also a written informed consent of the surrogate mother to undergo such procedures in the language she understands is required to obtain.

IV. Registration of surrogacy clinics: No person shall establish any surrogacy clinic for undertaking surrogacy or to render surrogacy procedures in any form unless such clinic is duly registered under this Act. Every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or exclusively, shall, within a period of sixty days from the date of appointment of appropriate authority, apply for registration.

V. Establishment of National Assisted Reproductive Technology and Surrogacy Registry: There shall be established a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry for the purposes of registration of surrogacy clinics under this Act.

Case BriefsSupreme Court

Supreme Court: With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, the bench of SA Nazeer* and Krishna Murari, JJ has asked the Department of Justice, Ministry of Law and Justice to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Motor Vehicles Act so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted.

The order came after the Court noticed that a large number of claim petitions, under the provisions of the Motor Vehicles Act, 1988 are being filed before the various Claims Tribunals established thereunder throughout the country. Against the awards of the Tribunals, appeals are filed under Section 173 of the Motor Vehicles Act, 1988 before the relevant High Court, either by the claimants or by the insurers and owners of the offending vehicles. Large number of such appeals are pending before the various High Courts.

The Court went on to give the following suggestions:

  • The various Benches of such an Appellate Tribunal could consist of two Senior District Judges.
  • To ensure access to justice and to avoid pendency, Benches of the Appellate Tribunal in various regional cities may be set up, in addition to the capital city of each State as may be indicated by the relevant High Court. For this purpose, appropriate rules governing the procedure of the Appellate Tribunal may also be framed.
  • No further appeal against the order of the Appellate Tribunal need be provided. If any of the party is aggrieved by the order of the Appellate Tribunal, he can always invoke the writ jurisdiction of the concerned High Court for appropriate reliefs.

[Rasmita Biswal v. National Insurance Company Ltd., 2021 SCC OnLine SC 1193, decided on 08.12.2021]

*Judgment by: Justice SA Nazeer

Know Thy Judge | Justice S. Abdul Nazeer

Punjab and Haryana High Court
Appointments & TransfersNews

5 Additional Judges appointed to Punjab and Haryana High Court

President appoints the following as Additional Judges of Punjab and Haryana High Court for a period of 2 years from the date they assume charge:

  • Vikas Suri
  • Sandeep Moudgil
  • Vinod Sharma (Bhardwaj)
  • Pankaj Jain
  • Jasjit Singh Bedi

Ministry of Law and Justice

[Notification dt. 28-10-2021]

Telangana High Court
Appointments & TransfersNews

Justice Kanneganti Lalitha Kumari, Judge of the Andhra Pradesh High Court transferred as Judge of the Telangana High Court.

Ministry of Law and Justice

[Notification dt. 28-10-2021]

Appointments & TransfersNews

Appointment of Judges | Rajasthan High Court

Two Judges appointed to Rajasthan High Court:

  • Kumari Rekha Borana
  • Sameer Jain

Ministry of Law and Justice

[Notification dt. 28-10-2021]

Appointments & TransfersNews

President of India, in exercise of the power conferred by clause (l) of Article 217, Article 224 and Article 222 of the Constitution of India, after consultation with the Chief Justice of India, has made the following appointments/transfers:

No. Name (S/Shri) Name of High Court
1. Uma Shanker Vyas, Judicial Officer As Judge of the Rajasthan High Court.
2. Vikram D Chauhan, Advocate As an Additional Judge of the Allahabad High Court.
3. Shri Justice Joymalya Bagchi, Judge Transferred from Andhra Pradesh HC to Calcutta HC.

Ministry of Law and Justice

Notification dt. 25-10-2021]

Appointments & TransfersNews

President of India appoints the following Advocates as Judges of the Gujarat High Courts w.e.f. the date they assume charge of their respective offices:-

Sl. No. Name (S/Shri)
1. Smt. Mauna Manish Bhatt
2. Samir Jyotindraprasad Dave
3. Hemant MaheshchandraPrachchhak
4. Sandeep Natvarlal Bhatt
5. Aniruddha Pradyumna Mayee
6. NiralRashmikant Mehta
7. Ms. Nisha Mahendrabhai Thakore

Ministry of Law and Justice

[Dt. 16-10-2021]

Appointments & TransfersNews

Appointment of Two Judges [Patna High Court]

President appoints Nawneet Kumar Pandey and Sunil Kumar Panwar to be the Judges of Patna High Court, in that order of seniority, with effect from the date they assume charge of their respective offices.

Appointment of Additional Judge [Chhattisgarh High Court]

President appoints Deepak Kumar Tiwari to be an Additional Judge of the Chhattisgarh High Court for a period of 2 years with effect from the date he assumes charge of his office.

Appointment of 4 News Judges [Jharkhand High Court]

President appoints Gautam Kumar Chaudhary, Ambuj Nath, Navneet Kumar and Sanjay Prasad to be the Judges of Jharkhand High Court, in that order of seniority, with effect from the date they assume charge of their respective offices.

Appointment of 1 New Judge [Madhya Pradesh High Court]

President appoints Purushaindra Kumar Kaurav, to be a Judge of the Madhya Pradesh High Court, with effect from the date he assumes charge of his office.

Ministry of Law and Justice

[Notifcation dt. 6-10-2021]

Appointments & TransfersNews

Centre Notifies Transfer of 15 High Court Judges

The President, after consultation with the Chief Justice of India, is pleased to transfer the following High Court Judges and to direct them to assume charge of their offices in High Courts where they have been transferred to:-

Sl.

No.

 Name of judge

(S/ShriJustice)

 Transfer from High Court Transfer to High Court
I Jaswant Singh Punjab and Haryana Orissa
2 Smt. Sabina Rajasthan Himachal Pradesh
3 Sanjaya Kumar Mishra Orissa Uttarakhand
4 Manindra Mohan Shrivastava Chhattisgarh Rajasthan
5 Ahsanuddin Amanullah Patna Andhra Pradesh
6 Ujjal Bhuyan Bombay Telangana
7 Paresh R.Upadhyay Gujarat Madras
8 M.S.S.Ramachandra Rao Telangana Punjab and Haryana
9 Arindam Sinha Calcutta Orissa
10 A.M.Badar Kerala Patna
11 YashwantVarma Allahabad Delhi
12 Vivek Agarwal Allahabad MadhyaPradesh
13 ChandraDhariSingh Allahabad Delhi
14 AnoopChitkara Himachal Pradesh Punjab and Haryana
15 RaviNathTilhari Allahabad Andhra Pradesh

Ministry of Law and Justice

Appointments & TransfersNews

Appointment of Additional Judges as Permanent Judges 

President appoints S/Shri Justices:

(l) Neranahalli Srinivasan Sanjay Gowda

(2) Miss Jyoti Mulimani

(3) Rangaswamy Nataraj

(4) Hemant Chandangoudar

(5) Pradeep Singh Yerur and

(6) Maheshan Nagaprasanna,

Additional Judges of the Karnataka High Court, to be Judges of the Karnataka High Court with effect from the date they assume charge of their respective offices.

Ministry of Law and Justice

[Notification dt. 6-09-2021]

Appointments & TransfersNews

Appointment of Permanent Judge

President appoints Justice Kausik Chanda, Additional Judge of the Calcutta High Court, to be a Judge of the Calcutta High Court with effect from the date he assumes charge of his office.

Ministry of Law and Justice

[Notification dt. 3-09-2021]

Appointments & TransfersNews

Appointment of Supreme Court Judges

President appoints the following Judges as Supreme Court Judges:

  • Justice Jitendra Kumar Maheshwari, Chief Justice of the Sikkim High Court
  • Justice Abhay Shreeniwas Oka, Chief Justice of the Karnataka High Court
  • Justice Vikram Nath, Chief Justice of the Gujarat High Court
  • Justice Bela Madhurya Trivedi, Judge, Gujarat High Court
  • Justice M.M. Sundresh, Judge, Madras High Court
  • Justice Chudalayil Thevan Ravikumar, Judge, Kerala High Court
  • Justice Bangalore Venkataramiah Nagarathna, Judge, Karnataka High Court,
  • Justice Hima Kohli, Chief Justice of the Telangana High Court
  • Shri Pamidighantam Sri Narasimha

Ministry of Law and Justice

[Notifications dt. 26-08-2021]

Appointments & TransfersNews

Appointment of a Judge to Madhya Pradesh High Court

President appoints Shri Pranay Verma to be a Judge of the Madhya Pradesh High Court with effect from the date he assumes charge of his office.

Ministry of Law and Justice

[Notification dt. 26-8-2021]