Triple talaq law, increasing number of SC judges in the ministry of high points of law in 2019
NEW DELHI: The ban on the practice of instant triple talaq, which makes it a criminal offense and the increase in the strength of the Supreme Court judges were two of the main achievements of the law ministry in 2019.
In July, Parliament approved the Bill on the Protection of the Rights of Muslim Women, 2019. The new law establishes talaq-e-biddat or any other similar form of talaq that has the effect of a divorce. instant and irrevocable pronounced by a Muslim. Null and illegal husband.
It makes it illegal to pronounce talaq three times orally, in writing or by SMS or any other electronic chat at once.
Under the new law, any Muslim who pronounces the illegal form of talaq on his wife will be punished with imprisonment for a period that can extend to three years and will also be subject to a fine.
During the year, four new judges were appointed to the Supreme Court in September, bringing their strength to 34, the highest in history.
However, vacancies in the higher courts and lower courts are on the rise and convince state governments and the 25 higher courts to unite to create a judicial service throughout India to recruit judges for subordinate courts leading the Ministry's agenda of Laws in 2020.
In addition to building a consensus on the creation of Judicial Services throughout India, the ministry will also have to concentrate on filling vacancies in the higher court. On average, the vacancies were 400 during this year.
With more than 5,000 positions of judicial officials in district courts and vacant subordinates, the Ministry of Law has launched to establish judicial services throughout India.
The sanctioned force of judicial officials in district and subordinate courts was 22,644. The number of judicial officers in position and vacancies is 17,509 and 5,135, respectively.
The government has proposed that, although states and higher courts can recruit judicial officials, the (UPSC) can conduct proof of entry to all of India.
The ministry has made it clear that such services will not invade the powers of the states.
From now on, the selection and appointment of judges in the subordinate courts is the responsibility of the higher courts and interested state governments.
the Narendra Modi The government has given new impetus to the long pending proposal to establish the new service to have a separate table for the lower judiciary in the country.
Pero existe una divergencia de opinión entre the gobiernos estatales y the respectivos tribunales superiores sobre la constitución del Servicio Judicial de Toda India (AIJS).
Uno de the problemas citados es que, dado que varios estados han utilizado the poderes del Código de Procedimiento Penal (CrPC) y el Código de Procedimiento Civil (CPC) para declarar que el idioma local se usaría en the tribunales inferiores incluso para redactar órdenes, según una persona seleccionada de Tamil Nadu puede tener dificultades para llevar a cabo procedimientos en estados como Uttar Pradesh y Bihar.
the other point of opposition is that an all India service may hamper the career progression of state judicial services officers.
Otro tema clave que el ministerio debe manejar en 2020 son las vacantes en the 25 tribunales superiores.
A lo largo de 2019, en promedio, the tribunales superiores enfrentaron una escasez de 400 jueces.
According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. the figure was 409 in August and 403 in July, as per the data.
A college of three members of the Supreme Court recommends names of candidates to be appointed judges of the superior court. In the case of appointments to the Supreme Court, the college is composed of five superior judges of the superior court.
Los colegios de the tribunales superiores seleccionan a the candidatos para sus respectivos tribunales superiores y envían the nombres al ministerio de derecho.
the ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.
the government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.
Las vacantes siguen surgiendo debido a la jubilación, renuncia o elevación de the jueces y el aumento de la fuerza de the jueces. En junio del año pasado, el puesto vacante era de 399, mientras que en mayo era de 396.
In April, 399 posts of judges were vacant, while the figure was 394 in March. the vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.
Más de 43 lakh casos están pendientes en the 25 tribunales superiores.
Another priority would be the finalisation of memorandum of procedure to guide appointment and transfer of Supreme Court and high court judges. the issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.
Successive governments have also been working to make India an international arbitration center. Several measures have been taken to change laws related to commercial disputes.