Legal Current Affairs

Summary of latest bill and acts passed or pending in 2019 in Parliament of India with their salient features and issues for Current Affairs 2019 preparation for various examinations such as UPSC, SSC, State Civil Services, CLAT, Judicial Services etc.

Marriage law amendment approved by Union Cabinet

Union Cabinet approved the amendments to the marriage law. The Bill is expected to come in the August 2013 Session of Parliament .

 Objective :

  • To enable a married woman to get a share of her husband’s ancestral property as compensation in case of a divorce. As per the bill in case the ancestral property cannot be divided the woman would get adequate compensation by calculating the husband’s share.

The Group of Ministers (GoM) have been asked to take an idea on whether a judge can exercise the judgement in granting divorce if one of the partners don’t move a second joint application for divorce with common consent. The GoM also had discussion over the issue of allowing courts to decide on doing away with the compulsory 6 month waiting period for couples seeking divorce through a joint appeal by common consent.

Supreme Court: Persons in lawful custody not entitled to vote/contest elections

Upholding a 2004 judgement of Patna High court, the Supreme Court has held that persons in lawful custody – whether convicted in a criminal case or otherwise – cannot contest polls.  However, the ruling does not apply to those on bail.

What is the matter?

The Chief Election Commissioner and others had filed a appeals against a Patna High Court judgement that in 2004 had held that when a person in custody is disqualified from voting he or she must be disqualified from contesting in elections too. Calling the High Court’s decision right the apex court held that a person who has no right to vote by virtue of the provisions of Section 62 (5) of the Representation of the People Act 1951 is not an elector and is therefore not qualified to contest the election to the House of the People or the Legislative Assembly of a State. Besides, the court said “A right to vote is a statutory right, the Law gives it, the Law takes it away. Persons convicted of crime are kept away from elections to the Legislature, whether to State Legislature or Parliament and all other public elections. The Law temporarily takes away the power of such persons to participate in elections. To vote is a statutory right. It is a privilege to vote, which privilege may be taken away. In that case, the elector would not be qualified, even if his name is on the electoral rolls.