Weekly Legal Updates Dec Week 3

1. Madhavi Goradia Divan becomes the 3rd Women Additional Solicitor General of India:

The appointments committee of the Cabinet has appointed Supreme Court Advocate Madhavi Goradia Divan
as an Additional Solicitor General of India. She is the 3rd women to hold this office. Before her, Senior
Advocate Indira Jaisingh became the 1st women Additional Solicitor General of India in 2009 and Senior
Advocate Pinky Anand became the 2nd women ASG in 2014. Pinky Anand is still holding the office.

Additional Solicitor General(s) are the lawyers for the Government of India (Union of India). Several
advocates represent the Government of India in the Supreme Court and various High Courts. The 1 st person
in this list is the Attorney General of India which is a constitutional post. The deputy to the Attorney
General is the Solicitor General of India followed by various Additional Solicitor Generals and Assistant
Solicitor Generals.

2. Jammu and Kashmir is the 1st State in India to bring law banning ‘SEXTORTION’:

The State of Jammu and Kashmir has become the 1st state in India to make a law banning sextortion. The
Governor of J&K Satya Pal Malik approved the law. Sextortion means sexual exploitation of women by
those in positions of authority or those in a fiduciary relationship or by a public servant. It is extortion for a
sexual favour. The law has been passed considering a judgment passed by the J&K High Court in October
directing to consider a law to be made in this regard.

3. Advertisement is a part of Commercial Speech protected by Article 19 (1) (A): Delhi High
Court

The High of Delhi in the case of Horlicks v. Heinz (Complan) has held that advertisement is a part of
commercial speech and protected by the Fundamental Right of Freedom of Speech and Expression as
provided under Article 19 (1) (A) of the Indian Constitution. The court said that the advertisements can be
restricted or regulated only on the basis of the reasonable restrictions provided under Article 19 (2) of the
Indian Constitution.
 Weekly Legal Updates Dec Week 3
4. NITI AAYOG Recommends an All India Judicial Service:

The NITI Aayog in its report titled ‘Strategy for New India @ 75’ has recommended for the creation of an
All India Judicial Services as an essential step for judicial reforms in India. The selection process may be
entrusted to the Union Public Service Commission (UPSC) for a cadre of lower judiciary judges (first
induction level), Indian Legal Service (both centre and states), prosecutors, legal advisors, and legal
draftsmen.

This shall be the 4th All India Service. At present there are three All India Services; Indian Administrative
Services (IAS), Indian Police Services (IPS) and the Indian Forest Services (IFS/IFoS). The
members/officers of the All India Services are selected, trained and allotted/appointed in respective state
cadres by the Government of India but they work for the respective State Governments.