Polity Governance

05/05/2019 Governance
Babloo Chauhan Case - Legislation for relief and rehabilitation of victims of wrongful compensation
Indecent Representation of Women Act - in its present form does not include digital media
Mithu vs. State of Punjab - SC struck down Section 303 of the Indian Penal Code - capital punishment for those
sentenced to life imprisonment
‘Neelam Katara vs. Union of India’ and ‘Himanshu Singh Sabharwal vs. State of MP’ - Witness protection Scheme
Constitution in Braille - Buddhist Association for the blind + Saavi Foundation + Swagat Thorat
National Voter’s Day - 25th January (Establishment of EC on this day in 1950)
Firecracker Ban - Right to livelihood of manufacturers vs Right to health of citizens
Enforcement Directorate - Enforces Prevention of Money Laundering Act and Foreign Exchange Management Act
(Ministry of Finance)
Aadhaar card is now a valid document for travel to Nepal and Bhutan (for Indians below 15 and above 65 years). For
travelling to Nepal and Bhutan, need to have a valid passport and identity card issued by Indian Government (PAN, DL,
ration card, Aadhaar)
Malik Mazhar Sultan Case: SC has set a 7 month time limit for recruitment to vacant judicial positions
Samvidhan Divas - 26 Nov - Tribute to Ambedkar (date on which Constitution was enacted)
EC imposes limits on campaign expenditure by a candidate, not by a party
Article 269A - GST Council and not the Finance Commission, has the powers to make recommendations in relation to
sharing of taxes from Inter-State trade
Only those individuals, who have come from specified territories i.e. territories included in Bangladesh, immediately
before commencement of the Citizenship (Amendment) Act, 1985, to Assam, and are not Indian citizens, can be
referred to the Foreigners tribunals
Political Parties are not under RTI
Ministry of Consumer Affairs - Anytime, Anywhere Dispute Resolution
Bombay Prevention of Begging Act, 1959 - Criminalises begging everywhere
Kashmir is the first state to have a law against Sextortion (Ranbir Penal Code of JK that was prepared by Macaulay)
LIMBS - Legal Information Management and Briefing System - Track cases to which govt. is a party
Governor’s rule is mentioned under Article 370 – Failure of constitutional machinery in the State
To extend new provisions to JK - amendment to Constitution Order, 1954
Only Rajya Sabha uses open ballot
President notifies castes and tribes to be in list of SC and ST (Article 341 and 342)
Parliament can include in or exclude any caste
Sabarimala Issue - Exclusion based on notion of impurity is a form of untouchability
Third Judges Case - When collegium reiterates its decision, it is binding on the govt.
Person contesting on behalf of a recognised political party will inherit the party’s symbol
#Powerof18 - Campaign launched by Twitter India to encourage youth to contribute in Public debates
Castle Doctrine - Person who acts in self defence against an intruder into his personal property has right to legal
immunity for his actions
Social Media Hub - Proposes to monitor social media handles at local level to carry out sentiment analysis
Ethnicities
Chins - Myanmar (mostly Christians)

Zomi - Manipur
file:///Users/sashibhusanmishra/Documents/Governance /Governance.html 1/35

Constitution bench
Benches of the SC - at least five judges of the court which sit to decide any case “involving a substantial question of
law as to the interpretation” of the Constitution
Mandated by Article 145
CJI constitutes a Constitution Bench and refer cases to it
Proxy Voting
Methods of voting - in person, by post, through proxy

Proxy voting by NRIs would require amendment to RoPA, 1951 (only for NRIs, not for ordinary citizens)
Currently, NRIs can cast their votes in constituencies where they are registered
Currently, only service personnel can cast proxy votes - armed forces, BSF, CRPF, CISF, General Engineering Reserve
Force, BRO, classified service
NRIs have to nominate a new person each time they wish to cast vote (service personnel can nominate a permanent
proxy)
RoPA (amendment) 2010 - gave NRIs the provision to vote for the first time, by being physically present
Representation of the People Act, 1951 - Voting for prisoners/undertrials
Individuals in lawful custody of the police and those serving a sentence of imprisonment after conviction cannot vote
Undertrial prisoners are also excluded from participating in elections even if their names are on electoral rolls
Only those under preventive detention can cast their vote through postal ballots
VVPAT
Method that provides feedback to voters

Independent verification printer machine and is attached to electronic voting machines
It allows voters to verify if their vote has gone to the intended candidate
First used in Noksen Assembly Seat in Nagaland
Subramaniam Swamy vs ECI - SC held that VVPAT are indispensable for free and fair elections
VVPATs are stored
EVMs
EVM will be used in all polling stations in 2019

EVMs display total number of votes polled and votes secured by the individual candidates
EVMs can record a maximum of 2000 votes
EVMs were first used in Parur constituency, Kerala in 1982
Microchip used in EVMs are one-time programmable - can neither be read or overwritten
How do VVPAT machines work?
When a voter presses a button in the EVM, a paper slip is printed through the VVPAT
The slip contains the poll symbol, serial number and name of the candidate
Allows the voter to verify his/her choice
After being visible to the voter from a glass case in the VVPAT for seven seconds, the ballot slip will be cut and
dropped into the drop box in the VVPAT machine (voter cannot take it home)
VVPAT machines can be accessed by polling officers only
Advantages in VVPATs
Enables to verify vote: Instant feedback to voter that vote polled has been allocated to the intended candidate
Enables authorities to count the votes manually if there is a dispute in the electronically polled votes
Operates under a Direct Recording Election system (DRE) which detects fraud and existent malfunctions
Will ensure greater transparency in voting process
Gives both the voters and political parties an assurance
Elections
ECI nominates or designates an officer of State Govt. as District Election Officer in consultation with State Govt.
Presiding Officer with assistance of polling officers conducts a poll
Not necessary for every association to get registered by EC for contesting elections
Candidates set up by a political party registered with ECI will get preference in matter of allotment of free symbols
compared to independent candidates
If a person is registered as voter in one constituency, he can contest an election from any constituency except Assam,
Lakshadweep and Sikkim
Returning Officer is responsible or counting the votes and declaring results of an election
After declaration of results of elections, ECI will constitute the new Lok Sabha
EC may ban candidates or leaders from campaigning for specified periods
EC cannot disqualify candidates
EC can cancel an election, postpone an election, abrogate/annul an election already held
Form 26
A candidate in an election is required to file an affidavit called Form 26 that furnishes information on her
assets, liabilities, educational qualifications, criminal antecedents (convictions and all pending cases) and
public due
The affidavit has to be filed along with the nomination papers and should be sworn before an Oath
Commissioner
Form 26 amendment Law Ministry made it mandatory for election candidates to reveal their incometax
returns of the last five years and details of their offshore assets
Objective behind introducing Form 26 was that it would help voters make an informed decision
Introduced following a court order
Section 8 of RoPA - Disqualification upon Conviction
Disqualifies a person convicted with a sentence of 2 years or more from contesting elections
Lily Thomas Case - Once convicted, ceases to be a MP, irrespective of appeals
Section 33 of RoPA - 2 constituencies
Permits a candidate to contest any election from upto 2 constituencies

Parliamentary, State Assembly, Council, Bye-elections
Section 126 of RoPA - Prohibit display of election matter
Prohibits displaying any election matter during 48 hours before the hour fixed for conclusion of poll in a constituency
Election matter is anything that can influence the result of an election
Prohibits exit poll and publication of their results in this period
Article 20
Safeguard the rights of persons accused of crimes (includes citizens, non-citizens as well as corporations)
Cannot be suspended even during an emergency in operation under article 359
Article 20 also constitutes the limitation on the legislative powers of the Union and SL
Only against criminal laws, not against civil laws
Article 20 (1) - Ex-Post facto Law
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the
Act charged as an offence
Legislature can not make a law which provides for punishment of acts which were committed prior to the date when it
came into force
New law can not punish an old act
Article 20 (2) - Doctrine of Double Jeopardy
No person shall be prosecuted and punished for the same offence more than once
Objective - avoid harassment, which must be caused for successive criminal proceedings, where the person has
committed only one crime
The court held that if an accused has not been tried at all and convicted or acquitted, the principles of double jeopardy
cannot be invoked (Autrefois convict and Autrefois acquit)
If an earlier order of sanction was found to be invalid, there is no bar for the competent authority to issue a proper order
of sanction for prosecution
Article 20 (3) - Self Incrimination Law
No person accused of any offence shall be compelled to be a witness against himself

Accused is presumed to be innocent till his guilt is proved
It is the duty of the prosecution to establish his guilt
NOTA
Allows the voter to indicate disapproval for all the candidates - “negative vote"
Candidate with highest votes stands elected, even if NOTA votes are more - in Lok Sabha and LA
SC has scrapped the use of NOTA in Rajya Sabha elections - NOTA applies only in case of Adult Suffrage, not for PR
NOTA was introduced following Supreme Court directive in PUCL vs Union of India judgement
NOTA in Rajya Sabha polls was introduced in 2014
NOTA in India allows Negative Voting but not Right to Reject
India became the 14th country to institute negative voting
Maharashtra SEC - Re-election if NOTA wins - NOTA treated as a fictional candidate (But if highest candidate and
NOTA are equal, candidate is elected)
Haryana SEC has also made a similar regulation - Candidates securing less votes than NOTA cannot file nominations in
the re-election
Service Voter
Service voter belonging to defence and paramilitary forces - postal ballot or through a proxy voter duly appointed by him
Postal Ballot - people on election duty, armed forces personnel, electors subject to preventive detention
NRI can votes in hometown after registering as an overseas voter - when they return to India they have to re-register
themselves
NRIs cannot vote through proxy
Voter having service qualification
Member of the Armed Forces

Member of a force to which provisions of the Army Act, 1950 have been made applicable whether with or without
modification
Member of an Armed Police Force of a State, and serving outside that state
Person who is employed under the GoI, in a post outside India.
How is a service voter different from an ordinary elector?
Ordinary elector is registered in the electoral roll of the constituency in which his place of ordinary residence is located
Person having service qualification can get enrolled as ‘service voter’ at his native place even though he actually may
be residing at a different place (of posting) - option to get himself enrolled as general elector at the place of his posting
if he is residing there for a sufficiently long time
Indian Army, Navy and Air Force

Personnel of General Reserve Engineer Force (Border Road Organization)
Border Security Force, Indo Tibetan Border Police, Assam Rifles, National Security Guards, Central Reserve Police
Force, Central Industrial Security Force and Sashastra Seema Bal
The wife of a service voter shall be also deemed to be a service voter in the constituency specified by that person
The wife will be enrolled as a service voter on the basis of declaration made by her husband
No separate declaration / application is required to be made by the wife
Children/relatives/servants residing ordinarily with a service voter CANNOT be enrolled as service voter
Facility is available only to the wife of a male service voter and is not available to the husband of a female service voter
A person at a particular time, cannot be enrolled as a voter at more than one place
Service voter who opts for voting through a proxy is called Classified Service Voter (CSV)
Service voter may appoint (by applying to Returning Officer) any person as proxy to give vote on his behalf
The proxy shall have to be ordinary resident of that constituency
He need not be a registered voter but he / she must not be disqualified to be registered as a voter
Legalisation of Betting
Gambling and Betting is under State List

Lotteries by GoI and Govt of States is under Union List (States cannot make a law on lotteries)
Public Gambling Act, 1867 - prohibits games of chance, except lotteries
IT Act, 2000 - prohibits online gambling (punishments are more serious than offline gambling)
Lodha Committee
Recommended legalisation of betting, except those covered by BCCI and IPL regulations
Regulatory framework to differentiate betting from match fixing
Civil Services Conduct Rules
Civil Servants cannot take part in editing or management of a newspaper or periodical

Prohibits speculation in stock, share or any other investment except occasional investments made through stock
brokers
Barred from accepting gifts, buying and selling properties, making commercial investments, commercial employment
after retirement
Cannot publish anonymously or pseudonymously an adverse criticism of an action of Central or State Government
Black Listed NGOs - By MoWCD
NGOs that do not have Darpan Portal Registration Number (facility of NITI Aayog + NIC)
Do not have FCRA registration number
Blacklisted by a ministry or autonomous body
Foreign Contribution Regulation Act, 2010
Requires all NGOs to apply for a license to receive foreign funding

Home Ministry had said that NGOs under FCRA should receive foreign donations in a single designated bank account
Includes - Citizens of India outside India, Oversea branch of Indian companies
S Vijaykumar Committee - NGO Reforms
Modernise registration procedures for NGOs

Seamless operation of applicable provisions of IT Act and FCRA
Reduce need for physical interface between NGOs and officials
3-tier monitoring system for NGOs receiving support from the Central Government
Commercial Courts Bill, 2018
Reduction in limit of commercial courts and commercial divisions of HC to adjudicate commercial disputes with a
value of 3 lakh rupees from 1 crore earlier
State government can establish commercial courts at the district level, after consulting HC (even in States where HC
have ordinary original civil jurisdiction)
State can set up commercial appellate courts in areas where high courts do not have original jurisdiction
Applications and appeals related to international commercial arbitration are to be heard by Commercial Division of
concerned HC
Pre Institution Mediation - through authorities under Legal Services Authorities Act, 1987 (Centre makes rules)
Electoral Bonds
Objective - cleansing the prevailing culture of political sponsorship

Sale authorised by Ministry of Finance
Electoral bonds will allow donors to pay political parties using banks as an intermediary
Although called a bond, the banking instrument resembling promissory notes will not carry any interest
Bearer instrument will not carry the name of the payee
Can be bought for any value, in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh or Rs 1 crore
Can be purchased multiple times by same applicant
No upper limits - concerns of unlimited foreign funding
Party does not have to disclose name of the donor
Issued by Scheduled Commercial Banks upon authorization from the Central Government, but only against cheque and
other digital payments (cannot be purchased using cash)
Only SBI is authorised to issue such bonds - window of 10 days every quarter
Redeemable in the designated account of a registered political party prior to the expiry of the life of the bonds
Open for purchase by all citizens/bodies of India
Only registered political parties that have secured not less than 1% of the votes polled in the latest general election to
the Lok Sabha or a State Assembly are eligible to receive them
Bonds have to be deposited within 15 days of issue in the authorised bank branch of the party - can be encashed only
through the same account (details of the account of Election Commission)
Electoral bonds eliminate the 7.5% cap on company donations which means even loss-making companies can make
unlimited donations
Companies no longer need to declare the names of the parties to which they have donated so shareholders won’t know
where their money has gone
Systematic Voters Education and Electoral Participation (SVEEP) - Election Commission of India
Programme of multi interventions through different modes and media designed to educate citizens, electors and voters
about the electoral process
Increase their awareness and participation in the electoral processes
Designed according to the socio-economic, cultural and demographic profile of the state as well as the history of
electoral participation in previous rounds of elections and learning thereof
Private members Bill
MP who is not a Minister is referred to as a private member

Bills introduced by Ministers are referred to as government bills
Private member’s bills purpose is to draw the government’s attention to what individual MPs see as issues and gaps in
the existing legal framework, which require legislative intervention
Requires a month’s notice before the bill can be listed for introduction
Up to 1997, private members could introduce up to three Bills in a week - led to a piling up of Bills that were
introduced but never discussed
K R Narayanan capped the number of private member’s Bills to three per session
A private member's bill that is introduced but not discussed in the Rajya Sabha, lapses when the member retires
Private member’s Bills can be introduced and discussed only on Fridays
Fourteen private member’s Bills — five of which were introduced in Rajya Sabha — have become law so far
Goa Opinion Poll Day
Day on which Goans voted against merging with Maharashtra and chose to remain a UT in the PLEBISCITE
Merger with Maharashtra was argued on on grounds of cultural similarity and the argument that Konkani was a dialect
of Marathi and not an independent language
Goa, Daman and Diu (Opinion Poll Act), 1966, “to provide for the taking of an opinion poll to ascertain the wishes of
the electors of Goa, Daman and Diu with regard to the future status thereof and for matters connected therewith”.
Goa became India’s 25th state in 1987
Konkani was included in the Eighth Schedule of the Constitution by 71st Amendment
Unlawful Activities (Prevention) Act, 1967
The Government on being satisfied that the organizations have become unlawful can declare them so
Covers 'unlawful activity' in relation to both individual and organisations
Person can be booked under it, if his/her activities causes disaffection towards India
Deprives the accused of the right to bail
Islamic Research Foundation (IRF), National Liberation Front in Tripura (NLFT), All Tripura Tiger Forum (ATTF)
On grounds of Terrorism - Al-Qaida in Indian Sub-continent (AQIS), Islamic State in Khorasan Province (ISKP)/ISIS
Wilayat Khorasan/Islamic State of Iraq and the Sham-Khorasan (ISIS-K), Khalistan Liberation Force
National investigation Agency and State Police (details not maintained by Central Government) can detain accused
persons under UAPA
Effective prevention of unlawful activities associations in India.
Main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of
India
Act makes it a crime to support any secessionist movement or to support claims by a foreign power to what India
claims as its territory
The law is contested for few draconian provisions
Introduces a vague definition of terrorism to encompass a wide range of non-violent political activity, including political
protest
Empowers the government to declare an organisation as ‘terrorist’ and ban it. Mere membership of such a proscribed
organisation itself becomes a criminal offence
Allows detention without a chargesheet for up to 180 days and police custody can be up to 30 days.
Creates a strong presumption against bail and anticipatory bail is out of the question
Authorises the creation of special courts, with wide discretion to hold in-camera proceedings (closed-door hearings) and
use secret witnesses but contains no sunset clause and provisions for mandatory periodic review
Minorities
Constitution does not define the term minorities

Used in Article 29, 30, 350A
Special Officer for Linguistic Minorities 350B
Article 347 - Recognition of a language in the state by the President
TM Pai case - Position of minority status is decided based on proportion to state population and not population of
country as a whole
National Commission for Minorities Act - Muslims, Christians, Sikhs, Jains, Buddhists, Parsis
Article 370
Temporary provision which grants special autonomous status to Jammu & Kashmir
All the provisions of the Constitution which are applicable to other states are not applicable to J&K
Except for defence, foreign affairs, finance and communications, Parliament needs the state government’s concurrence
for applying all other laws
Indian citizens from other states cannot purchase land or property in Jammu & Kashmir
No Financial Emergency
Centre can declare emergency in the state only in case of war or external aggression
State can ask Centre to declare emergency on grounds of internal disturbance
Parliament cannot increase or reduce the borders of the state.
No State list for the State of Jammu and Kashmir. Residuary power with State
Preventive Detention in hands of SL
Part IV (Directive Principles of the State Policy) and Part IVA (Fundamental Duties) not applicable
Can be repealed only with concurrence of the State Constituent Assembly (which has been dissolved)
Article 35A
JK can decide who are ‘permanent residents’ of the State and confer on them special rights and privileges in public
sector jobs, acquisition of property in the State, scholarships and other public aid and welfare
No act of the legislature coming under it can be challenged for violating the Constitution or any other law of the land
Incorporated into the Constitution by an order of President under Article 370 (allows the President to make certain
“exceptions and modifications” to the Constitution for the benefit of ‘State subjects’ of JK)
How Article 35A is against the “very spirit of oneness of India” as it creates a “class within a class of Indian citizens”?
Treats non-permanent residents of J&K as ‘second-class’ citizens.

Non-permanent residents of J&K are not eligible for employment under the State government and are debarred from
contesting elections
Meritorious students are denied scholarships and they cannot even seek redress in any court of law
Denies property rights to women who marry outside the State
Refugees who migrated to J&K during Partition are still not treated as ‘State subjects’ under the J&K Constitution.

Inserted unconstitutionally, bypassing Article 368 which empowers only Parliament to amend the Constitution
Restricting citizens from other States from getting employment or buying property within Jammu and Kashmir is a
violation of fundamental rights under Articles 14, 19 and 21 of the Indian Constitution
Governor’s Rule in JK
Imposed under Article 370, for 6 months, after an approval by the President
If it is not possible to restore constitutional machinery within 6 months, President’s rule is imposed
Governor assumes to himself functions of the State Govt.
Autonomous District Council
As per the Sixth Schedule, tribal areas in Assam, Meghalaya, Tripura and Mizoram
These areas fall within the executive authority of the state
Governor can modify/divide the boundaries of the said Tribal areas by notification
What do the new amendments seek to modify?
Finance Commission would be mandated to recommend devolution of financial resources to the councils (Autonomous
councils have depended on grants from Centre and States)
1/3 reservation for women in the village and municipal councils in the Sixth Schedule areas of Assam, Mizoram and
Tripura
Transfer of additional 30 subjects to councils
Elected village municipal councils, ensuring democracy at the grass-roots level.
State Election Commissions would hold elections to the autonomous councils, village and municipal councils in Assam,
Mizoram and Tripura
National Judicial Appointments Commission
NJAC is a body responsible for the appointment and transfer of judges to the higher judiciary in India.
Sought to replace the collegium system of appointing the judges of Supreme Court and 24 High Courts
Executive will have a say in appointing the judges
Composition - CJI (chairperson), two senior judges of SC, Union Law Minister, two eminent persons (nominated by
CJI + PM + Leader of Opposition) out of which 1 is SC/ST/OBC/minority/woman - nominated for 3 years and not
eligible for re-election
99th Amendment - SC held it unconstitutional as it would undermine the independence of the judiciary
Permanent Chairman of the Chiefs of Staff Committee
Single-point military adviser to the government

Four-star officer, who will be equivalent to chiefs of army, airforce and navy
Better coordination and co-operative practices among the three services.
Single point military advice to government
Streamline long-term defence planning and procurement purpose.
Functions
Joint issues of the services like training of troops, acquisition of weapon systems and joint operations of the services.
In-charge of the tri-services command at Andaman and Nicobar Islands, the strategic command of nuclear weapons and
cyber and space command
Audit
Compliance Audit - Assess to what extent laws and regulations have been respected
Performance Audit - Improve performance in public administration by examining whether public prgorams achieve
economy, efficiency and effectiveness
Financial Audit - Financial statements properly represent the financial situation
Thematic Audit - Compliance + Performance audit objective
Sentinelese
Negrito tribe who live on the North Sentinel Island of the Andamans.

Connected to the Jarawa - physical and linguistic similarities.
Numbers 40-150, Genome studies - 30,000 years old lineage
Survive mainly on fish and coconuts, Highly vulnerable to germs, Aggressively assert their desire for isolation
Steps taken to ensure the protection of Sentinelese
Entire North Sentinel Island along with 5 km coastal sea from high water mark is notified as tribal reserve
‘Eyes-on and hands-off’ practice to protect and safeguard the Sentinelese tribe
Ships and aircrafts of Coast Guard and boats of Marine Police make sorties around North Sentinel to keep surveillance.
Protected under
A &N Islands (PAT) Regulation, 1956: Declare the traditional areas occupied by the tribes as reserves - prohibited
entry of all persons except those with authorisation, banned photography
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Restrictions under Foreigner (Restricted Area) Orders, 1963: Foreign nationals are not allowed to visit except for extra-
ordinary reasons. Every foreigner except citizen of Bhutan needs a special permit. Citizens of China, Pakistan and
Afghanistan are not allowed
Visa Manual Conditions/Passport Act 1920, Indian Forest Act, 1927 and Wildlife (Protection) Act, 1972
Restricted Area Permit System
Restricted Area - Entire Andaman & Nicobar and part of Sikkim are declared as Restricted Areas
Foreigners, except from Bhutan have to obtain a permit from a competent authority
Protected Area - All areas falling between inner line and International border of state are Protected Areas
PAs are in - all of Arunachal Pradesh and Sikkim, parts of HP, JK, Manipur, Mizoram, Nagaland, Rajasthan,
Uttarakhand (not in Punjab, Tripura, Meghalaya, Gujarat)
Anti-Defection Law
10th Schedule - 52nd Amendment in 1985

Decision on disqualification on ground of defection is referred to the Speaker/Chairman whose decision is final
Disqualification Criteria
Voluntarily gives up the membership of his political party

Votes contrary to the directions of his political party (If the member has taken prior permission, or is condoned by the
party within 15 days from such voting, the member shall not be disqualified)
If an independent candidate joins a political party after the election
If a nominated member joins a party six months after he becomes a member of the legislature
Exceptions under the Law
Any person elected as speaker or chairman could resign from his party, and rejoin the party if he demitted that post
A party could be merged into another if at least two-thirds of its party legislators voted for the merger (initially it was
one-third)
Decision of disqualification is subject to Judicial Review - Kihoto Hollohan Case

Allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favour of the
merger - 91st amendment
Curative Petition
Last judicial resort available for redressal of grievances in court which is normally decided by judges in-chamber
Only in rare cases that such petitions are given an open-court hearing

Rupa Ashok Hurra Case - SC evolved Curative Petition concept
Whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after
dismissal of a review petition.
To cure gross miscarriage of justice, SC may reconsider its judgements in exercise of its inherent powers
Supreme Court has the ability to review any judgment declared by it
To entertain the curative petitions
The petitioner will have to establish that there was a genuine violation of principles of natural justice and fear of the
bias of the judge and judgement that adversely affected him.
The petition shall state specifically that the grounds mentioned had been taken in the review petition and that it was
dismissed
The petition is to be sent to the three senior most judges and judges of the bench who passed the judgement affecting
the petition
If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the same
bench (as far as possible) and the court could impose “exemplary costs” to the petitioner if his plea lacks merit
Recusals
Judicial disqualification - act of abstaining from participation in an official action such as a legal proceeding due to a
conflict of interest of the presiding court official or administrative officer
Judge or presiding officer must be free from disabling conflicts of interest - fairness of the proceedings less likely to be
questioned
Not necessary to be made in writing
Recent Decisions by Higher Judiciary
Playing of national anthem in cinema halls before screening of movies optional, modifying its earlier order
Arjun Gopal Vs Union of India case - fixed timings for bursting crackers during Diwali and prohibited the use of non-
green fireworks in NCR
M.C. Mehta v. Union of India case - directed that no BS-IV vehicle should be sold after March 31, 2020 and only BS-
VI vehicles should be sold
Subhash kashinath vs State of Maharashtra case - amended the Scheduled Castes and Tribes (Prevention of Atrocities)
Act, 1989
Rajesh Sharma vs State of Uttar Pradesh case - measures to curb the misuse of the Sec 498A
A Judge mandated that every student in Tamil Nadu must study Tirukkural
INTER STATE RIVER DISPUTES
Polavaram Project
Dispute between Odisha and Chhatisgarh

Accorded national status in 2014 in the Andhra Pradesh Bifurcation Act and its design was changed
Petition - since the dam design has been changed and new components were added, it’d require a new environmental
clearance
Dam across the Godavari River is under construction located in West Godavari District and East Godavari District in
Andhra Pradesh state
Reservoir spreads in parts of Chhattisgarh and Orissa States also
Mekedatu Project
Being set up by Karnataka government

Objective is to supply drinking water to Bengaluru and recharge the groundwater table in the region
Tamil Nadu has moved the Supreme Court - project violates the final award of the Cauvery River Water Tribunal
Karnataka says, the project will not come in the way of releasing the stipulated quantum of water to Tamil Nadu, nor
will it be used for irrigation purposes
Cauvery Management Authority - sole body to implement Cauvery Water Disputes Tribunal
Subcategorisation of OBCs

Extent of inequitable distribution of benefits of reservation among the castes/communities included in the broad
category of OBCs
Mechanism, criteria, norms and parameters, in a scientific approach, for sub-categorization within such OBCs.
Identify the respective castes/communities/sub-castes/synonyms in the Central List of OBCs and classifying them into
their respective sub-categories
Indra Sawhney case - no Constitutional or legal bar to a State categorizing backward classes as backward or more
backward
At present, single Central OBC list, with entries from each State
People belonging to all of these castes can seek reservation from within the single 27% OBC reservation
States with subcategorisation - Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana, Jharkhand, West Bengal,
Bihar, Maharashtra and Tamil Nadu
More backward among the OBC communities can also access the benefits of reservation for educational institutions and
government jobs
More advanced OBC castes corner the lion’s share of the benefits and have become influential
Opportunity to carve out a new political constituency for government and parties
10% quota to the economically weaker sections
For General category not covered by any of the existing categories

124th Amendment Bill
Economically Weaker Section (EWS) as one having:
Annual household income below Rs 8 lakh

Agriculture land below 5 acres
Residential house below 1000 sqft
Residential plot below 100 yards in notified municipality
Residential plot below 200 yards in non-notified municipality area
Will need an amendment of Article 15 (prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth) and Article 16 (equality of opportunity in matters of public employment) of the Constitution
Amendment by special majority in both houses + legislatures of half the states??
Adds a clause which allows states to make “special provision for the advancement of any economically weaker sections
of citizens”.
In addition to the existing reservations and subject to a maximum of 10 per cent of the total seats in each category
Special classes mentioned in Constitution are only SC, ST, Backward Classes and Anglo Indians
DPSP Article 46 - State shall promote with special care the educational and economic interests of the weaker sections
of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes
In addition to the existing cap of 50% reservation for the SC, ST, OBCs taking total reservation to 60%
Over and above 50% mandated by Constitution and hence the need for Constitution amendment Bill
Constitution makes provisions for commissions to look into matters relating to implementation of constitutional
safeguards for Scheduled Castes (Article 338), Scheduled Tribes (338A) and Socially and Educationally Backward
Classes (339), but has not created any commission for the economically backward classes
Indra Shawney Case
Economic criterion may be a consideration or basis along with, and in addition to, social backwardness, but it can never
be the sole criterion
Against exceeding maximum of 50% reservation (Indira Sawhney v. Union of India)
States like Tamil Nadu that go beyond this limit and the Supreme Court has upheld the state’s policy (Presently 69%)
Existing reservation to the SCs, STs and OBCs would not be touched by the amendment
Does it violate fundamental rights?
From the Poona Pact (1932) between M K Gandhi and Dr B R Ambedkar to the Constituent Assembly debates,
reservation was talked about in the context of social backwardness of classes.
124th Amendment makes a departure by extending reservation to the economically disadvantaged
Article 15(4), inserted by the First Amendment in 1951 - enables the state to make special provisions for socially and
educationally backward classes.

Article 16(4) permits reservation for any backward class if it is not adequately represented in services under the state.
Thus, reservation is not a right but, if granted, it will not be considered a violation of the right to equality.
Redesigning Reservations is the Need of the Hour
Foregone opportunity to develop an enhanced and more effective reservation policy so that we can genuinely see an end
to the entrenched inequalities in Indian society
50% reservation looks very large but in the grand scheme of India’s population it is a blunt and at times ineffective
instrument
Reservations are not a cure to the ills of Indian society
Alternative Strategies
Ensure that individuals use their reserved category status only once in their lifetime - would require that anyone using
reservations to obtain a benefit must register Aadhaar number
This would require no changes to the basic framework but spread the benefits more broadly within the reserved
category allowing a larger number of families to seek upward mobility
Recognise that future economic growth in India is going to come from the private sector and entrepreneurship:
To ensure that all Indians, regardless of caste, class and religion, are able to partake in economic growth, we must focus
on basic skills
Need to focus on reducing inequalities where they first emerge, within primary schools - IHDS shows that among
children aged 8-11, 68% of the forward caste children can read at Class 1 level while the proportion is far lower for
OBCs (56%), SCs (45%) and STs (40%)
Basic Structure
Idea of basic structure was originally suggested in Sajjan Singh case (1965) - borrowed from Germany
Kesavananda Bharati (1973) - Parliament can amend the Constitution but does not have power to destroy it — no
amendment can change its “basic structure”
Under Article 368, something must remain of the original Constitution that the new amendment would amend.
Court did not define what basic structure is, and only listed a few principles — federalism, secularism, democracy — as
being part of basic structure
Also has been extended to legislations and executive actions
M Nagraj (2006) - Tests of affirmative action - currently govern reservation in promotions
Width test - Boundaries of amending power (Quantitative limitations such as violation of the 50% ceiling for all
reservations, exclusion of creamy layer or qualitative exclusion, Compelling reasons such as backwardness of the
economically weaker sections for whom this reservation has been made, that administrative efficiency is not
obliterated by the new reservation)
Identity test - SC will examine whether, after the amendment, there is any alteration in the identity of the
Constitution
Indira Sawhney Case - Reservation policy cannot be extended to promotions

77th Amendment restored reservations in promotions
81st Amendment - 'carry forward' may lead to greater than 50% reservation in a particular year
Assam Accord (1985)
MoS signed between representatives of the Government of India and the leaders of the Assam Movement
Brought an end to the Assam Agitation and paved the way for the leaders of the agitation to form a political party and
form a government in the state of Assam soon after
Bangladeshis who came between 1951 and 1961 will be given full citizenship including right to vote
Bangladeshis who came between 1961 and 1971 will be barred from voting for ten years
International borders will be sealed and all persons who crossed over from Bangladesh after 1971 are to be deported
Some of the key clauses are yet to be implemented, which has kept some of the issues festering
Committee to implement Clause 6
Assess the required quantum of reservation of seats in the Assam Assembly and local bodies for Assamese people
Measures to protect, preserve and promote cultural, social, linguistic identity and heritage of Assamese people
Suggest constitutional, legislative and administrative safeguards and examine effectiveness of actions since 1985 to
implement the clause
Look into issues of the Bodo people, especially the measures mentioned in the Memorandum of Settlement signed
between the Government of India, Assam government and the Bodo Liberation Tigers Force in 2003
Significance
Setting up of the committee will pave the way for the implementation of the Assam Accord in letter and spirit and will
help fulfill longstanding expectations of Assamese people
Comes at a time when Centre is facing criticism in Assam over the Citizenship (Amendment) Bill, 2016, which
proposes to make minority (non-Muslim) immigrants from three neighbouring countries — Bangladesh, Afghanistan
and Pakistan — eligible for Indian citizenship
Assam Accord - any person who came to the state after the midnight of March 24, 1971, will be identified as a
foreigner - proposed Bill is seen to violate the Assam Accord by differentiating between migrants on the basis of
religion
Assam NRC
National Register of Citizens (NRC) is a list that contains names of Indian citizens of Assam - last prepared after Census in
1951
Will be updated as per provisions of Citizenship Act, 1955 and Citizenship Rules, 2003
Why is NRC being updated in Assam?
NRC process will address the issue of illegal migrants, specifically from Bangladesh. NRC was first published in 1951.
Updating the NRC to root out foreigners was a demand during the Assam Agitation (1979-1985)
NRC update was taken up in Assam as per a Supreme Court order in 2013
Why is March 24, 1971 the cut-off date? - There have been several waves of migration to Assam from Bangladesh, but the
biggest was in March 1971 when the Pakistan army crackdown forced many to flee to India. The Assam Accord of 1985 that
ended the six-year anti-foreigners’ agitation decided upon the midnight of March 24, 1971 as the cut-off date
Who is a citizen in Assam?
The Citizenship Act of 1955 was amended after the Assam Accord for all Indian-origin people who came from
Bangladesh before January 1, 1966 to be deemed as citizens
Those who came between January 1, 1966 and March 25, 1971 were eligible for citizenship after registering and living
in the State for 10 years while those entering after March 25, 1971, were to be deported
For a person’s name to be included in the updated NRC list of 2018, he/ she will have to furnish
Existence of name in the legacy data: The legacy data is the collective list of the NRC data of 1951 and the electoral
rolls up to midnight of 24 March 1971.
Proving linkage with the person whose name appears in the legacy data
NRC will include persons whose names appear in any of the electoral rolls upto midnight of 24th March, 1971 and their
descendants
Graded appeals process for excluded people - NRC Seva Kendra, DM, Foreigner’s Tribunals, Guwahati HC, SC
Citizenship Law provides for citizenship by birth irrespective of parents citizenship - NRC is inconsistent with it
D-Voters (Doubtful Voter) - Those who are disenfranchised by the govt on account of lack of proper citizenship credentials.
Inclusion will depend on decision of foreigner’s tribunals
Right to Information Act
Replaces freedom of Information Act, 2002

Applicable to all of India excluding JK
Nodal department - DoPT

Exempted information
Affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation
with foreign State or lead to incitement of an offense
Expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt
of court
Disclosure of which would cause a breach of privilege of Parliament or the State Legislature
Commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive
position of a third party, unless competent authority is satisfied that larger public interest warrants the disclosure
Available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public
interest warrants the disclosure of such information
Confidence from the foreign government
Endanger the life or physical safety of any person or identify the source of information or assistance given in confidence
for law enforcement or security purposes
Impede the process of investigation or apprehension or prosecution of offenders
Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers
Personal information the disclosure of which has no relationship to any public activity or interest
EVM Machine covered under information
EVM machine is covered under the definition of “information” and can be demanded from the ECI.
RTI Act: the definition of ‘information’ and ‘record’ also includes ‘any model or any sample’ held by a public authority
Election Commission has to respond to an RTI application seeking the EVM either by providing it or refusing it under
exemption clauses in the Act
Refusal can be contested before the CIC, the highest adjudicating authority in RTI matters
Witness Protection Scheme - Supreme Court
Draft Witness protection scheme finalised by SC in consultation with NALSA and Bureau of Police Research and
Development
Scheme was drawn up by central government with inputs from 8 states/UT, legal authorities of 5 states, civil society,
high courts, police personnel
Article 141 - Law declared by SC to be binding on all courts within territory of India
Right to life shall also include the right to testify freely in courts
The types of protection to be applied in proportion to the threat and are not expected to go on for infinite time
3 categories of threat perception
Witness Protection Order shall be implemented by Witness Protection Cell of state/UT
If the order is for change of identity or relocation, it shall be implemented by Home Department
Safeguards that witnesses and accused do not come face to face during investigation or trial
Identity protection and giving a new identity to the witness
Extend to the whole of the India EXCEPT Jammu & Kashmir
Mails and phone calls of the witnesses would be monitored to trace the person threatening them
Witness protection fund will be created in each state to meet the expenses incurred under the scheme
Malimath Committee (2003) - recommended enacting a separate fitness protection law
Law Commission of India (2006) - Draft Witness Protection Law
Delhi first state to announce a scheme for witness protection
Indian Penal Code has mention of Witness Protection
Why should BCCI be a public authority?
Govt. exercises control over its activities - India/Pak matches

Functions are of public nature
Substantial financing - Tax exemptions, land grants
Acts as National Sports Federation - all others NSFs are public authorities - approved national level body
Right to Know - Maharashtra
Maharashtra government - government resolution allowing citizens to inspect records in district-level offices and local bodies
across the state under the RTI for two hours every Monday
Benefits
Smoothen access to information
Curb the rising number of pending appeals with the Maharashtra State Information Commission.
Oversee denying or withholding information
Citizenship Amendment Bill, 2016
Amends Citizenship Act, 1955
Illegal migrants from certain minority communities coming from Afghanistan, Bangladesh, and Pakistan will then be
eligible for Indian citizenship.
Illegal migrants belonging to the Hindu, Sikh, Buddhist, Jain, Parsi or Christian religious communities from
Afghanistan, Bangladesh or Pakistan would not be imprisoned or deported (only Muslims will be deported)
Does not include other minority communities like Jews and Parsis
Gain permanent citizenship after six years of residency in India instead of 11 years — as mentioned in the
Citizenship Act (1955).
The registration of Overseas Citizen of India (OCI) cardholders may get cancelled if they violate any law
Who is an illegal immigrant?
According to the Citizenship Act (1955), an illegal immigrant is defined as a person who enters India without a valid passport or
stays in the country after the expiry of the visa permit. Also, the immigrant who uses false documents for the immigration process
Issues with 2016 Citizenship Bill Amendment
Makes illegal migrants eligible for citizenship on the basis of religion - violates Article 14 of the Constitution which
guarantees right to equality.
Allows cancellation of OCI registration for violation of any law. This is a wide ground that may cover a range of
violations, including minor offences (eg. parking in a no parking zone).
Acknowledging the minorities from Bangladesh as “persecuted minorities” would hurt relations with the neighbouring
country
Will hamper what the Assam National Register of Citizens aims to achieve
Directly violates Assam Accord - which clearly states that illegal migrants heading in from Bangladesh after March 25,
1971 would be deported, regardless of their religion
Locals in Arunachal Pradesh and Mizoram are protesting against the Bill, because it would serve as a legal basis for
legitimising the claims of Chakma (Buddhist) and Hajong (Hindu) refugees as the indigenous people of State
Citizenship Bill may not be applicable to Nagaland?
Article 371(A) - “notwithstanding anything in this Constitution, no Act of Parliament in respect of…”
No Act of Parliament shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution
so decides
Bengal Eastern Frontier Regulation of 1873 - ILP is issued to outsiders for safeguarding the citizenship, rights and
privileges of the indigenous people
Currently ILP is needed for Arunachal Pradesh, Mizoram, Nagaland
Issues in NE
Assam - illegal migrants are not identified along religious lines and people want all migrants to be deported (Assam
Accord)
Mizoram fears Buddhist Chakmas from Bangladesh may take advantage of the Act and turn the local population into a
minority
Meghalaya and Nagaland are apprehensive of migrants of Bengali stock.
Arunachal Pradesh fear the new rules may benefit Chakmas and Tibetans
Manipur wants the Inner-line Permit System to stop outsiders from entering the state
Manipur People’s Protection Bill, 2018
Seeks to regulate the entry and exit of “outsiders” on the lines of the British-era inner-line permit of Arunachal Pradesh,
Mizoram and Nagaland
Sets 1951 as the base year to identify locals and prevent an influx of outsiders.
Manipur people include Meitis, the Pangal Muslims, scheduled tribes as listed under the Constitution
Non-Manipuris would not have land and voting rights
Influx of outsiders has created a demographic imbalance in the region

Illegal immigration from Bangladesh, Nepal and Myanmar has also contributed to the crisis
Fear among the locals over employment and availability of resources
Mizoram Maintenance of Household Registers Bill, 2019.
Create registers containing the names, details and photographs of every resident of the state on a household basis
Detect illegal foreigners staying and “eating away” benefits of development schemes
Two distinct registers- one for the citizen residents and another for non-citizen residents of a village/area/town
Defines “citizens” as a person registered as such, or having requisite qualification as prescribed under the Citizenship
Act, 1955
Inner Line Permit
Official travel document issued by the Government of India to grant inward travel of an Indian citizen into a protected
area for a limited period. It is obligatory for Indians residing outside those states to obtain permission prior to entering
the protected areas.
Currently in Arunachal, Mizoram, Nagaland
Issued under the Bengal Eastern Frontier Regulation, 1873 and the conditions and restrictions vary from state to state
ILP was earlier required for some parts of Leh, but it has been abolished
Issued only for travel purposes
Visitors are not allowed to purchase property in these regions
Not valid for central government employees and security forces
Article 9 - Person who voluntarily acquires citizenship of another country loses citizenship in India
Citizenship Act, 1995 prescribes five ways of acquiring citizenship
Birth
Descent
Registration
Naturalization
Incorporation of the territory
Persons born outside of India shall not be considered citizens of India unless their birth is registered at an Indian
consulate within one year of the date of birth
If an adult makes a declaration of renunciation of Indian citizenship, he loses Indian citizenship
Chakmas and Hajongs
Originally residents of Chittagong Hill Tracts in the erstwhile East Pakistan (left their homeland when it was submerged
by the Kaptai dam project on Karnaphuli river in the 1960s)
Allegedly faced religious persecution and entered India through the then Lushai Hills district of Assam (now Mizoram)
Centre moved the majority of them to the North East Frontier Agency (NEFA), which is now Arunachal Pradesh
They don’t have citizenship and land rights but are provided basic amenities by the state government
Arunachal Pradesh - Permanent Residence Certificate
Domicile certificate to the residents of the state who stayed therein over a period
Citizens who are not currently residing in the state but are sure of permanently staying therein can also apply for it
State also offers Temporary Residence Certificate (TRC) for those who reside in the State on a temporary basis.
Nabam Rebia Committee - issue PRC to six non-arunachal STs
Uses

Legal document that serves as evidence of residence and must be submitted wherever a residence proof is required
Should be produced in many situations such as admission in educational organisations, job reservation under specific
quotas especially for government jobs, etc. to get local preferences.
To apply for ration card permanent residence certificate is a vital and mandate document
To avail the provisions of various schemes of the state or to claim scholarships of the State
Office of Profit
If an MLA or an MP holds a government office and receives benefits from it, then that office is termed as an “office of
profit”
Person will be disqualified if he holds an office of profit under the central or state government, other than an office
declared not to disqualify its holder by a law passed by Parliament or state legislature
NOT DEFINED in Constitution or RoPA, 1951
Legislators should not feel obligated to the Executive in any way, which could influence them while discharging
legislative functions
MP or MLA should be free to carry out her duties without any kind of governmental pressure
Basic disqualification criteria - MP (Art 102), MLA (Art 191)
Holding an office of profit under GoI/state govt.

Being of unsound mind
Undischarged insolvent
Not an Indian citizen/acquire citizenship of another country
Public Interest Litigation
Can be filed by individual, institution, NGO or even court itself

Not necessary for victim to approach court
Person filing PIL must prove to the court that it is being done in public interest and not for any frivolous reason
Prevention of Corruption Act, 1988
Extends to whole of India except JK

Special judges were to be appointed by Centre and State under CrPC, 1973
Shifted the burden of proof from prosecution to the accused
MPs and MLAs are not included
All public servants (includes those above rank of joint secretary)
India has ratified UN Convention against Corruption
Amendments in PCA Bill
Punishment for bribe-taking enhanced. Bribe giver is also included now

‘Undue Advantage’ expanded to now include “anything other than legal remuneration”.
Gifts criminalised: Gifts received for established undue advantage/mala-fide motive are now considered an act of
corruption.
Collusive bribe-givers criminalised
Protection has been built-in against coercive bribery, as long as the victim comes forward within 7 days.
Corporate bribery criminalised: Superiors to be held if employee/agent has bribed with their approval
Immediate forfeiture: Law enforcement empowered for immediate attachment & forfeiture of illegal property, invoking PMLA
Timely trial mandated: To conclude the investigation and trial within 2 yrs, extendable up to 4 yrs
Fugitive Economic Offenders Bill
FEO = arrest warrant against him for value above 100 crore + left the country to avoid prosecution
Enforcement Directorate is the apex agency to implement the law - Ministry of Finance
Empowers authorities to attach and confiscate properties and assets of economic offenders
Provides for confiscation of benami properties (even properties abroad) and vesting in Central Government
Loan defaulters and fraudsters, individuals who violate laws governing taxes, black money, benami properties and
financial corruption
All individuals attempting to evade the Indian legal process from the date of the enactment of the law will be covered
The confiscation of property will not be limited to those acquired through the proceeds or profits of the crime
No such provision that says the offender should be a citizen of India
Those declared fugitives cannot pursue any civil case in India
Property can be sold upon declaration as FEO
Procedure
Investigating agencies have to file an application in a Special Court under the PMLA, 2002 containing details of the
properties to be confiscated, and any information about the person’s whereabouts
Special Court will issue a notice for the person to appear at a specified place and date at least six weeks from the issue
of notice.
Proceedings will be terminated if the person appears. If not the person would be declared as a Fugitive Economic
Offender based on the evidence filed by the investigating agencies
The person who is declared as a Fugitive Economic Offender can challenge the proclamation in the High Court within
30 days of such declaration according to the Fugitive Economic Offenders Act, 2018
Vijay Mallya has been declared the first FEO
Extradition
Extradition is defined as the “delivery of an accused or convicted individual from the country he is found in, to another
country that requests his extradition” - maintains territoriality of the penal code
Governed by treaties and agreements which adopt internationally recognised legal principles for the surrender of
fugitives
In absence of a specific extradition treaty, the two countries can consider any international convention as the basis for
extradition in respect of any offence to which the convention applies
India has bilateral extradition treaties with 44 countries and extradition arrangements with 10 countries
Under treaty mechanisms, states are obligated to consider requests for extradition
“Extradition arrangements” are non-binding and do not impose any legal obligations on party states
India has a fewer number of bilateral extradition treaties compared to other countries
Indian Extradition Act, 1962 - surrender of person to another country or request another country for arrest
Process to be initiated by Central government
Act specifies a list of extradition offences - provided for in extradition treaty with that country
Ministry of External Affairs (MEA), is India’s nodal government body for extradition matters
The largest number of fugitives have been extradited from the UAE (19), followed by the US (9)
“Dual criminality” approach - fugitive will be extradited for an offence, only if it is a crime in both countries -
difficult to establish treaty principles for crimes peculiar to India’s sociocultural conditions, such as dowry harassment
India recently signed extradition treaty with Malawi
Arbitration
What is Arbitration?
Arbitration is a settlement of dispute between two parties to a contract by a neutral third party i.e. the arbitrator without
resorting to court action
The process can be tailored to suit parties’ particular needs.
Arbitrators can be chosen for their expertise
Confidential and can be speedier and cheaper than court
Limited grounds of appeal
Arbitral awards are binding and enforceable through courts
Significance
Reliable and responsive alternative dispute resolution system is essential for rapidly developing countries like India
While business disputes need speedy resolution, litigation is the least favoured method for that
Indian judicial system is marred by delays because of which businesses suffer as disputes are not resolved in a
reasonable time period
Model Code of Conduct
Issued by the Election Commission of India

In accordance with Article 324 which gives the EC power to supervise elections to Parliament and State Legislatures
First proposed by Kerala in 1960 Assembly elections, issued for the first time in 1971
Comes into force immediately on announcement of the election schedule by the commission. The Code remains in
force till the end of the electoral process.
Does not have any specific statutory basis
Only a persuasive effect - “rules of electoral morality”
But some provisions can be enforced through certain other statutes such as Indian Penal Code (1860), Code of Criminal
Procedure (1973), Representation of People Act (1951)
Evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code
and also binds them to respect and observe it in its letter and spirit
The MCC contains provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the
party in power, and election manifestos.
Party in power should ensure that it does not use its official position for campaigning
No policy, project or scheme can be announced that can influence the voting behaviour
Party must avoid advertising at the cost of the public exchequer or using official mass media for publicity on
achievements to improve chances of victory in the elections
Ministers must not combine official visits with election work or use official machinery for the same
The ruling party also cannot use government transport or machinery for campaigning
Public facilities should be provided to the opposition parties on the same terms and conditions on which they are used
by the party in power
Advertisement at the cost of public exchequer in the newspapers and other media is considered an offence
Ruling government cannot make any ad-hoc appointments in Government, Public Undertakings etc. which may
influence the voters
Political parties or candidates can be criticised based only on their work record and no caste and communal sentiments
can be used to lure voters
Mosques, Churches, Temples or any other places of worship should not be used for election propaganda
Bribing, intimidating or impersonation of voters is barred.
Holding public meetings during the 48-hour period before the hour fixed for the closing of the poll is prohibited -
“election silence”
Election Commission (EC) has announced that MCC comes into force immediately in states where legislative
assemblies have been dissolved prematurely
After dissolution, caretaker government as well as the central government is barred from announcing new
schemes in particular state from date of dissolution of legislative assembly till new House is elected
Central Bureau of Investigation (CBI)
Delhi Special Police Establishment Act, 1946 - legal power of investigating cases to CBI.
CBI is not a statutory body
Under Ministry of Personnel (Initially under Home Ministry)
Economic crimes, special crimes, cases of corruption and other high-profile cases.
Ministry of Personnel - CBI, UPSC, SSC, LBSNAA, CVC, CBI, CIC
Exempted from RTI. Also, NIA and NATGRID are exempted
Director - 2 years term (IPS officer with rank DG Police) by DSPE Act
Initially, appointments were made as per Delhi Special Police Establishment Act, 1946
Now Lokpal governs the appointment of the CBI director
Functioning of the agency is still governed by DSPE Act
Committee to select CBI director - PM, LoP (LS), CJI (or SC judge)
Director shall not be transferred except with consent of the committee that recommends the names - Vineer Narain Case
Only President has the authority to remove or suspend the Director, on a reference by CVC of misbehaviour or
incapacity
Supervision of CBI in matters under Prevention of Corruption Act is with CVC, for other matters under DoPT
Suo Moto Investigation of offences in UT
Needs permission of states to probe offences in a state (unlike NIA which has jurisdiction across the country)
SC and HC can entrust any case to CBI without consent of state
General consent

CBI is governed by the Delhi Special Police Establishment Act - consent of a state government mandatory for
conducting investigation in that state (unlike NIA which has jurisdiction across the country)
CBI has jurisdiction only over central government departments and employees - can investigate a case involving state
govt employees or a violent crime in a state only after that state govt gives consent
“General consent” is given to help the CBI seamlessly conduct its investigation into cases of corruption against central
government employees in the concerned state
Otherwise, the CBI would require consent in every case
Cases registered anywhere else in the country, but involving people stationed in states that withdraw general consent,
would allow CBI’s jurisdiction to extend to these states
Withdrawal of consent prevents CBI from registering a case within the jurisdiction of the states that withdraw. CBI
could still file cases in Delhi and continue to probe people inside the two states
Rules of Houses to enforce discipline
Speaker is empowered to place a member under suspension, but cannot by himself revoke the suspension
House resolves on a motion to revoke the suspension in both the houses
Rajya Sabha Chairman does not have the power to suspend a member (suspension and revocation both by a motion of
the house)
Both Speaker an Chairman can ask a member to withdraw from the house for the remainder of the day
Mission Antyodaya
Ministry of Rural Development ranked 1.6 lakh gram panchayats

Kulagod in Karnataka is ranked first

Non-ECR status
Non-ECR category of passengers - Indians paying income tax and those with educational qualification above
matriculation.
As of now only ECR category passport holders were required to get emigration clearance from the office of the
Protector of Emigrants to seek employment abroad
MEA aims to include non-ECR migrants as well
Aimed at the welfare of Indians going abroad - applies to jobs in 18 countries, all GCC countries included
Rajasthan - removal of minimum education qualifications for Panchayat/ULB elections
Original provision - For contesting the zila parishad or panchayat samiti polls, a contestant must have a minimum
qualification of secondary education (Class X)
To contest the sarpanch elections, an aspirant from the general category must have passed Class VIII, SC/ST aspirant must
have passed Class V
Why has it been scrapped?
Minimum qualification for contesting elections is against the very spirit of 73rd and 74th amendments
Violates the right of every citizen to vote and to contest elections, which form the basic structure of the constitution
Prevented many people from coming to the mainstream
What has the Supreme Court said in this regard in case of Haryana?

Upheld the constitutional validity of the law enacted by Haryana government to bar the illiterate from contesting
panchayat polls
SC - “it is only education which gives a human being the power to discriminate between right and wrong, good and
bad”
Uneducated or illiterate people getting elected to the local bodies can easily be misled by officials if they don’t know to
write and read
Land Acquisition Act, 2013
Defines various types of “public purpose” projects for which, Government can acquire private land
Acquiring land - For private project, 80% affected families must agree. For PPP project, 70%
Social impact assessment - Obtain consent of the affected artisans, labourers, share-croppers, tenant farmers etc whose
livelihood will be affected
Compensation - Compensation proportion to market rates. 4x market rate in rural area, 2x in urban area.
Affected artisans, small traders, fishermen etc. will be given one-time payment, even if they don’t own any land.
Fertile, irrigated, multi-cropped farmland can be acquired only in last resort. If such fertile land is acquired,
Government will have to develop equal size of wasteland for agriculture purpose.
If Government acquires the lands for private company- the said private company will be responsible for relief and
rehabilitation of the affected people. Additional rehabilitation package for SC/ST owners.
State Governments have to setup dispute settlement, Chairman must be a district judge or lawyer for 7 years.
Head of the department will be made responsible, for any offense from Government’s side
If project doesn’t start in 5 years, land has to be returned to the original owner or the land bank
Establishment of Land Acquisition, Rehabilitation and Resettlement Authority for speedy disposal of disputes
Was brought to give effect to right to livelihood of citizens
Dam Safety Bill
Introduce robust legal and institutional framework under Central and state governments for the safety of dams
Help states and Union territories adopt uniform procedures to ensure safety of reservoirs
Proper surveillance, inspection, operation and maintenance of all specified dams in the country to ensure their safe
functioning
National Committee on Dam Safety which shall evolve dam safety policies and recommend necessary regulations
National Dam Safety Authority as a regulatory body which shall discharge functions to implement the policy,
guidelines and standards
State Committee on Dam Safety by State Government
Significance
Help all the States and Union Territories of India to adopt uniform dam safety procedures
Safeguard human life, livestock and property
All issues concerning dam safety including regular inspection of dams, Emergency Action Plan, comprehensive dam
safety review, adequate repair and maintenance funds for dam safety, Instrumentation and Safety Manuals
Onus of dam safety on the dam owner and provides for penal provisions for commission and omission of certain acts
Most dams - USA > China > India
Aadhaar and Other Laws (Amendment) Bill, 2018
Amends the Aadhaar Act (2016), Indian Telegraph Act (1885) and Prevention of Money Laundering Act (2002)
Aadhaar Act provides targeted delivery of subsidies and benefits to individuals residing in India by assigning them
unique identity numbers
Features
Offline verification of Aadhaar Number holders - through modes specified by UIDAI

During offline verification, the agency must (i) obtain the consent of the individual, (ii) inform them of alternatives to
sharing information (iii) not collect, use or store Aadhaar number or biometric information
Voluntary use of Aadhaar to verify identity - May be made mandatory only by a law of Parliament
Aadhaar number of children - Consent of his parent or guardian. The child may apply for cancellation of his Aadhaar
after he turns 18
Restrictions on security and confidentiality - disclosure only for orders of High Court or above (earlier it was District
Court or above)

UIDAI Fund - Fees and revenue collected by the UIDAI shall be credited to the UIDAI fund (earlier to Consolidated
Fund of India). The fund shall be used for expenses of the UIDAI, including salaries and allowances of its employees
Bill allows the individual to register complaints in certain cases - impersonation or disclosure of their identity
Defines the Aadhaar ecosystem to include enrolling agencies, requesting agencies, and offline verification-seeking
entities
UIDAI may initiate a complaint for failure to comply with the Act or the UIDAI’s directions and furnish information
required by the UIDAI
TDSAT shall be the appellate authority against decisions of the Adjudicating Officer
An entity may be allowed to perform authentication through Aadhaar, if the UIDAI is satisfied that it is
Compliant with certain standards of privacy and security

Permitted by law
Seeking authentication for a purpose specified by the central government in the interest of the State
While upholding the constitutional validity of Aadhaar, the Supreme Court had struck down Section 57 of the Aadhaar Act,
2016 that permitted private entities like telecom companies or other corporate to avail of the biometric Aadhaar data
BN Srikrishna committee on data protection and SC guidelines required amendments to Aadhaar Act, Indian Telegraph Act
and the Prevention of Money Laundering Act
Constitutionality of Aadhar - triple test laid down in Puttuswamy Judgement
Existence of a law - Aadhar Act

Legitimate state interest - ensure social benefit reaches the deserving community
"Test of Proportionality" - balances benefits and potential threat
What was the contention against Aadhaar before the Supreme Court?
Is the Aadhaar Act, 2016, constitutionally valid given that it was passed in Parliament as a Money Bill?
Why does every citizen need one identity proof — a unique identification number — to acquire government benefits? Can’t
this be done using other documents, like ration card or passport?
Does Aadhaar take away our right to privacy — upheld as a fundamental right?
What happens if Aadhaar data becomes a tool for mass surveillance by the state?
Aadhaar is mandatory for
Linking of PAN
Filing of IT returns
Avail welfare schemes and subsidies
Supreme Court conclusions
Technology has become a vital tool for ensuring good governance in a welfare state
Upheld Aadhaar being passed as a money bill
Helps in efficient implementation of PDS, scholarships, Mid-day Meals and LPG subsidies which involve
huge amount of money
Reasonable restriction on privacy because it fulfils Government’s aim to provide dignity to the marginalised
Aadhaar unique ID cannot be duplicated, whereas, PAN, Ration Card can be duplicated
The authentication records should not be retained for more than 6 months
Aadhar may be used only by government, not by private parties
SC struck down Section 33 (2), which allowed the disclosure of Aadhaar information for national security reasons on the
orders of an officer not below a Joint Secretary level
Linking of PAN with Aadhaar will be mandatory for filing IT returns
Lokpal Act of 2013
Anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level.
Lokpal will consist of a chairperson + 8 persons
Will cover all categories of public servants, including the Prime Minister
Armed forces do not come under the ambit of Lokpal.
Provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is
pending.
States will have to institute Lokayukta within one year of the commencement of the Act.
Ensures that public servants who act as whistleblowers are protected.
Powers
Lokpal will have the power of superintendence and direction over any investigation agency including CBI for cases
referred to them by the ombudsman.
Lokpal can summon or question any public servant if there exists a prima facie case against the person, even before an
investigation agency (such as vigilance or CBI) has begun the probe
Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of
the Lokpal.
An investigation must be completed within six months
Special courts will be instituted to conduct trials on cases referred by Lokpal
Section 66A of IT Act
Section 66A defines the punishment for sending “offensive” messages through a computer or any other communication device
like a mobile phone or a tablet
Section 66A had been dubbed as “draconian” for it allowed the arrest of several innocent persons
Shreya Singhal v. Union of India - SC struck it down as unconstitutional
Why SC struck down section 66A?
Invades the right of free speech, under article 19

Upsets the balance between such right and the reasonable restrictions that may be imposed
Expressions “completely open-ended and undefined” and every expression used was “nebulous” in meaning
Section 151 of RoPA, 1951 — Bye-Elections
Election Commission to fill the casual vacancies in Parliament and State Legislatures through bye elections within six
months from the date of occurrence of the vacancy
Provided that the remainder of the term of a member in relation to a vacancy is one year or more
ECI in consultation with Central Govt. certifies that it is difficult to hold bye-election in the said period
Personal Laws (Amendment Bill), 2018
Leprosy is being removed as a ground for divorce as it is now a curable disease as against the earlier notion of it being
incurable.
Will need amendments to - Divorce Act (1869), Dissolution of Muslim Marriages Act (1939), Special Marriage Act
(1954)
Hindu Adoptions and Maintenance Act - Hindu wife is entitled to live separately from her husband without forfeiting
her claim to maintenance if the latter is suffering from a virulent form of leprosy
Follows UN General Assembly Resolution of 2010 on the ‘Elimination of discrimination against persons affected by
leprosy and their family members
Follows NHRC recommendation to introduce amendments in personal laws and other statutes
Government Initiatives
Three-pronged strategy for early detection of leprosy cases in the community under the National Health Mission
Special Leprosy Case Detection Campaign was carried out in 2016
SC has asked the Centre, states and UTs to spread awareness about the curability of leprosy
No government hospital shall decline treatment to leprosy patients. People suffering from leprosy also have the right to
live with human dignity
Indian Forest Service
1864 - British India Government started the Imperial Forest Department

1866 - Appointed Dr. Dietrich Brandis as Inspector General of Forest
1867 - Imperial Forest Service
“Forestry” was transferred to the “Provincial List” by the Government of India Act, 1935 and subsequent recruitment to
the Imperial Forest Service was discontinued
1966 - Indian Forest Service (one of the three All India Services) was constituted under the All India Services Act, 1951
The main mandate of the service is the implementation of the National Forest Policy which envisages scientific
management of forests and to exploit them on a sustained basis for primary timber products, among other things
Rename IFS to Indian Forest and Tribal Service - recommendation by NCST
Underline close ties between tribals, the forest and forest ecosystem
Merging forest and tribal welfare administrations will further the participation of ‘tribals’ in forest management
Renaming will also engender greater sensitivity on the forest department’s part towards the needs of ‘tribal’
communities
Right to Disconnect Bill
Reducing stress and ease tension between an employee’s personal and professional life
Gives employees the right to not respond to calls or any kind of communications from the employers after office hours
Setting up of an Employee Welfare Authority - study impact of prolonged use of digital tools beyond office hours
Will also create a charter defining employee-employer negotiation
“Companies with more than 10 employees would periodically negotiate specific terms with their workers, publish their
own charter, and create an Employee Welfare Committee consisting of representatives of the company’s workforce.”
Concerns and challenges faced by workers
With dynamic business demands in an evolving corporate landscape, striking a work-life balance has become difficult
but also a priority
Imbalance leads to stress, anxiety and sleep deprivation—notable trends in studies on employee health.
Service sector has to often deal with unreasonable work hours, working overtime without extra compensation, or
carrying their work home.
Work-related stress can often lead to a lot of physical and mental ailments including depression
Anti-Sedition Law - Section 124A of IPC
Incite disaffection towards government by spoken or written words, visible representation etc. constitute sedition
Disaffection - disloyalty and feelings of enmity
Cognisable, Non bailable, non-compoundable
Sedition law was incorporated into the Indian Penal Code (IPC) in 1870 as fears of a possible uprising plagued the
colonial authorities.
Laws such as this serve to give a legal veneer to the regime’s persecution of voices and movements against oppression
by casting them as anti-national
For India, it’s a question of walking the fine line between liberty and security, tough choices and hard lessons
Before Independence, it was used to suppress nationalism. Ironically, it is now used by the government against its own
people
Was introduced to deal with Wahabi activities
Cognisable - Arrest without a warrant, start proceedings without permission of court
Compoundable - Compromise can be sought, without trial
Kedar Nath Singh case
Upheld the Sedition Law

For the offence of sedition to be satisfied, there has to be a causal relationship between speech and acts of violence
Mere speech, regardless of how subversive it is, does not amount to sedition
Freedom of speech has three components - Discussion, Advocacy, Incitement
Maneka Gandhi case (1978) - Criticizing and drawing general opinion against the Govt. policies and decisions within a
reasonable limit that does not incite people to rebel is consistent with the freedom of speech.
Balwant Singh v. State of Punjab - SC overturned the convictions for sedition(124A IPC) and Promoting enmity
between different groups on grounds of religion, race, place of birth, residence, language, etc
Way Forward
All speech-related offences should be made bailable offences - this would lessen the harmful impact of using arrest and
custody as a way of harassing anyone exercising their rights under Article 19(1)(a)
The offences should be made non-cognisable so that there is at least a judicial check on the police acting on the basis of
politically motivated complaints.
In the case of hate speech, it is important to raise the burden of proof on those who claim that their sentiments are hurt
rather than accept them at face value
Courts should take action against those who bring malicious complaints against speech acts
Defamation - Section 499 and 500 of IPC
Was introduced by British to suffocate political criticism

Defamation in India is both a civil and a criminal offence
Bailable, Non Cognisable, Compoundable
Adultery - Section 497
Husband alone could complain against adultery

Court has decriminalised adultery - but will continue to remain a ground for divorce in Civil Law
Can be a crime if it attracts Section 306 - Abetment to Suicide
Violated Article 14, 15 and 21
Sexual Activities against order of nature - Section 377
Sexual intercourse against law of nature (penalises actions, not sexual identities per se) - Violates Articles 14, 15, 21
KS Puttuswamy 'privacy case' - Sexual orientation is an essential attribute of privacy
Naz Foundation Case - Delhi HC decriminalised homosexuality
Suresh Koushal vs Naz Foundation - SC overruled Delhi HC on the basis that minuscule fraction of country’s
population is LGBT
Section 377 would still apply to unnatural acts like Bestiality and to acts without consent
Section 377 was introduced during the British rule of India in 1860. It came into force in 1862
Dowry Harassment Law - Section 498 A
Section 498A of IPC - Punishment for domestic violence

SC initially ordered 'Family Welfare Committees' to be constituted in districts
FIR or Arrest only after the committee considers a complaint valid
Complaint received by a police
Committee only plays an advisory role (NOT civil court)
SC has removed this provision - restores police power to immediately register an FIR
Offence is now non-cognisable and non-bailable
SC/ST Act Amendment
Subhash Kashinath Mahajan v. State of Maharashtra Case
Innocents cannot be terrorised by the provisions of the SC/ST Act and their fundamental rights need to be protected.
Public servants could be arrested only with the written permission of their appointing authority
For Private employees, the Senior Superintendent of Police concerned should allow it
Preliminary inquiry should be conducted before the FIR was registered to check if the case fell within the ambit of the
Act, and whether it was frivolous or motivated
Over 75% of such cases taken up by the courts had resulted in acquittals/ withdrawal or compounding of the cases
There was a need to safeguard innocent citizens against false implication and unnecessary arrest
Article 338/338 A stipulates that governments should consult the NCSC/NCST on all major policy matters affecting
SC/ST
Supreme Court is also bound to hear these commissions before pronouncements that are likely to impact SC/STs on a
whole
Government decided to retain original provisions because
No decrease in the atrocities committed on SC/ST people despite the laws meant to protect their civil rights (NCRB)
Despite the existence of 195 special courts across 14 States to exclusively try Prevention of Atrocities (PoA) cases
Amendment Bill seeks to insert three new clauses
Preliminary enquiry shall not be required for registration of a First Information Report against any person.”
Arrest of a person accused of having committed an offence under the Act would not require any approval.
No anticipatory bail - notwithstanding any judgment or order of any Court
Exclusive Special Courts for fast decisions
New offences of atrocities like tonsuring of head
Foreign Contribution (Regulation) Act, 2010
Implemented by Ministry of Home Affairs

Defines the term ‘foreign contribution’ to include currency, article other than gift for personal use and securities
received from foreign source. Foreign hospitality refers to any offer from a foreign source to provide foreign travel,
boarding, lodging, transportation or medical treatment cost
Regulate the receipt and usage of foreign NGOs
Prevent use of foreign contribution or foreign hospitality for any activity detrimental to the national interest
Applicable to a natural person, body corporate, all other types of Indian entities (whether incorporated or not), NRIs,
overseas branches of Indian companies
Features
Prohibits acceptance and use of foreign contribution or foreign hospitality by a certain specified category of persons
Receive funding only after NGOs either obtain a certificate of registration or prior permission under the Act
To be registered under the FCRA, an NGO must be in existence for at least three years and must have undertaken
reasonable activity in its field for which the foreign contribution is proposed to be utilised
Must have spent at least INR 1,000,000 over three years preceding the date of its application on its activities
Registration certificate is valid for 5 years
Conditions on the use of foreign funds
All funds received by a NGO must be used only for the purpose for which they were received
Must not be used in speculative activities identified under the Act.
Except with the prior approval of the Authority, such funds must not be given or transferred to any entity not registered
under the Act
Every asset purchased with such fund must be in the name of the NGO and not its office bearers or members
The Mines Act, 1952
Restricted the employment of women in underground mines and also in opencast or aboveground workings of the mine
during night hours between 7PM and 6AM
Central Govt has now allowed employment of women in above ground workings during this time
Anti-piracy provisions - Cinematograph Act, 1952
Tackle film piracy by including penal provisions for unauthorized camcording and duplication of films
Aims to check piracy, particularly the release of pirated versions of films on the internet that causes huge losses to the
film industry and the exchequer
Jallianwala Bagh National Memorial Act, 1951

National Memorial in memory of those killed or wounded on April 13, 1919

Act provided for a Trust to manage the National Memorial
PM as Chairperson, President of INC, Culture Minister, Leader of Opposition in Lok Sabha, Governor of Punjab, CM
of Punjab, 3 persons nominated by Central Govt who have a term of 5 years and can be re-nominated
2018 amendment bill removes the President of the Indian National Congress as a Trustee
When there is no Leader of Opposition in Lok Sabha, the leader of the single largest opposition party in the Lok Sabha
will be the Trustee
Banning of Unregulated Deposits Scheme Bill, 2018
Tackle the menace of illicit deposit-taking activities in the country, exploiting regulatory gaps and lack of strict
administrative measures to dupe poor and gullible people of their hard-earned savings
Ban unregulated deposit taking schemes
Bans Deposit Takers from promoting, operating, issuing advertisements or accepting deposits in any UDS
3 Offences - Running of UDS, fraudulent default in Regulated Deposit Schemes and wrongful inducement in relation to
UDS
Severe punishment and heavy pecuniary fines to act as deterrent
Provisions for disgorgement or repayment of deposits in cases where such schemes nonetheless manage to raise
deposits illegally.
Attachment of properties / assets by the Competent Authority, and subsequent realization of assets for repayment to
depositors.
Creation of an online central database for collection and sharing of information on deposit-taking activities in the
country.
Defines “Deposit Taker” and “Deposit” comprehensively
“Deposit Takers” - include all possible entities (including individuals) receiving or soliciting deposits, except specific
entities such as those incorporated by legislation
“Deposit” - Defined in such a manner that deposit-takers are restricted from camouflaging public deposits as receipts,
and at the same time, not to curb or hinder acceptance of money by an establishment in the ordinary course of its
business
Consumer Protection Bill, 2018
Seeks to replace Consumer Protection Act, 1986

In line with revised UN guidelines on consumer protection
Provides for - Right of Safety, information, choice, redressal, consumer education
3 tier Grievance Redressal Mechanism - District, State and National Consumer Dispute Redressal Mechanism
Central Consumer Protection Authority
Provides for product liability action
Central government to take action to protect rights of consumers in e-commerce
Penalties for false advertisement
Consumer Mediation Cell - Alternative Dispute Redressal Mechanism
Rajasthan Social Accountability Bill
Seek the accountability of public functionaries and authorities for timely delivery of goods and services
Democratic, decentralized and participative approach to enable wider public participation.
Initiate monitoring of programmes and policies through community score cards, citizens report card and social audits.
Key provisions
Includes any entity or body, which is under the control of the government, governor and the high court of Rajasthan
Entity or the body set up by Central Government to function within the State of Rajasthan and partially or wholly
providing public goods and services
Grievance redressal mechanism starting from village panchayats
Provisions for citizens’ charter, public hearing, social audit and information and facilitation centres
National Database on Sexual Offenders
India is the 9th country in the world to launch a National database on Sexual Offenders
MoWCD + Home Ministry
Criminal Law Act, 2018 provides for a national registry of sexual offenders
Includes details of people convicted under POCSO, rape, Eve teasing
Maintained by National Crime Records Bureau
Names, address, photographs, PAN, Aadhar, fingerprints, DNA samples etc.
Accessible only to Law Enforcement Agencies (USA makes the registry available to public)
Prohibition of Employment as Manual Scavengers Act, 2013
Applicable to all over India except JK

Manual Scavenging provisions were earlier under Protection of Civil Rights Act, 1955
Eliminate insanitary latrines

Prohibit employment as manual scavengers and hazardous manual cleaning of sewers and septic tanks
Survey of manual scavengers and their rehabilitation
HIV/AIDS Act, 2017
Lists grounds on which discrimination against HIV positive persons is prohibited

Requirement of HIV testing as a pre-requisite for employment is prohibited
Pregnant HIV + woman cannot be forced for abortion against her consent
No person can be compelled to disclose his HIV status, except by an order of court
Sedition
What Is Sedition? - Attempt to generate disaffection towards government established by law

Contradicts Article 19 - Freedom of Speech and Expression
Judgements - Romesh Thappar Case, Kedar Nath Singh Case, Kanhaiya Kumar Case
Seditious Act only if - Disruption of public order, Attempt to violently overthrow government, Threaten security of
state or public
Maternity Benefit Act
Applies to establishments employing 10 or more

Regulate the employment of women for certain period before and after child birth and to provide maternity benefit and certain
other benefits.
Amendment
Extends - 12 weeks to 26 weeks, exceeds the ILO's minimum standard of 14 weeks and is a positive development
12 weeks for a woman with >2 children
Legally adopt a child below the age of three months or a “commissioning mother” will be entitled to maternity benefit
for 12 weeks
Discretion to employers to allow women to work from home after the period of maternity benefit on mutually agreeable
conditions
Establishments having 50 or more employees to have a crèche facility, either separately or along with common
facilities.
Employers should allow the woman to visit the crèche four times a day, which “shall also include the interval for rest
allowed to her.”
Provision which requires every establishment to intimate a woman at the time of her appointment of the maternity
benefits available to her

Labour Ministry is planning to refund employers seven weeks’ worth of wages for women workers with a wage ceiling
up to ₹ 15,000 per month
Private entities are not encouraging women employees because if they are employed, they may have to provide
maternity benefit to them, particularly 26 weeks of paid holiday
Extended maternity leave has become a deterrent for female employees who are asked to quit or retrenched on flimsy
grounds before they go on maternity leave
Transgender Persons (Protection of Rights) Bill, 2016
Give transgender persons equal rights and protection under law - no discrimination in education, employment,
healthcare
Definition of transgender
Directs Central Govt to create a National Council for Transgender headed by Union Minister for Social Justice
No child who is born a transgender can be separated from his parents, except by a court’s order
Aims to stop discrimination against a transgender person in various sectors such as education, employment, and
healthcare
Directs the central and state governments to provide welfare schemes for them.
Person will be recognised as transgender on the basis of a certificate of identity issued through the district screening
committee (no right to self determination)
Silent on reservations
Bill disregards many suggestions raised by the standing committee report of July 2017
Right of transgender persons to self-identification, instead of being certified by a district screening committee
SC has held that right to self-identification of gender
Bill is silent on granting reservations to transgender persons
No provision for National/State Commission for transgenders, or transgender rights courts
Does not define 'trans men', 'trans women', 'Intersex’
Definition of transgender is not consistent with international bodies
Prescribed punishments for organised begging - doesn’t provide anything to better the condition in those areas
The Transgender Bill does not mention any punishments for rape or sexual assault of transgender persons as according
to Sections 375 and 376 of the Indian Penal Code, rape is only when a man forcefully enters a woman
The Bill must recognise that gender identity must go beyond biological; gender identity is an individual’s deep and personal
experience. It need not correspond to the sex assigned at birth. It includes the personal sense of the body and other expressions
such as one’s own personal inducing proceeds
NALSA vs Union of India, 2014 - SC legalised the presence of transgender people

Kochi metro provides jobs quota to transgenders
Yogyakarta Principles - adopt a model of gender recognition that does not rely on diagnosis by medical professionals
Benami Transactions (Prohibition) Amendment Act
To curb the menace of black money

Amended the definition of benami transactions
Establishes adjudicating authorities and an Appellate Tribunal to deal with benami transactions.
Defines benami transactions, prohibits them and provides that violation of the PBPT Act is punishable with
imprisonment and fine.
Prohibits recovery of the property held benami from benamidar by the real owner
Properties held benami are liable for confiscation by the Central Government without payment of compensation
Union govt notification - Sessions courts in 34 states and UTs will act as special courts to try Benami cases
Adjudicating authority = 1 + 2 (atleast)
Adjudicating Authority and Appellate Tribunal will be based in Delhi - benches may sit in Kolkata, Mumbai, Chennai
Officials from Income Tax Department and CBDT
No civil court shall have jurisdiction to entertain any appeal

Right to Education Act, 2009
Non-admitted child to be admitted to an age appropriate class

Lays down Pupil Teacher ratios, school working days, teacher working hours
Appointment of appropriately trained teachers
Norms from schools to be located at a certain distance from residence of children
Official Secrets Act
Meant for ensuring secrecy and confidentiality in governance, mostly on national security and espionage issues.
The Indian Official Secrets Act, 1904 was enacted during the time of Lord Curzon
Official Secrets Act was first enacted in 1923 and was retained after Independence
One of the main purposes of the Act was to muzzle the voice of nationalist publications
Applies to whole of India + Indian officials and citizens abroad
Spying (Section 3) and Disclosure of secret information (Section 5)
Does not define 'secret' or 'official secrets' - any information sought under RTI can be denied calling it a secret
Other countries like USA, Canada etc have similar acts
OSA is given precedence over RTI
Need for review
Since the classification of secret information is so broad, it is argued that the colonial law is in direct conflict with the
Right to Information Act
Both the person communicating the information, and the person receiving the information, can be punished by the
prosecuting agency.
OSA’s background is the colonial climate of mistrust of people and the primacy of public officials in dealing with the
citizens, it created a culture of secrecy.
Used to book journalists when they publicise information that may cause embarrassment to the government or the
armed forces
Collection of Statistics Act
Central Government can decide the manner in which statistical information is to be used (including non-statistical
purposes)
Extends to Jammu and Kashmir
Contesting elections from two seats
Representation of People’s Act - Permits a candidate to contest any election (Parliamentary, State Assembly, Biennial
Council, or bye-elections) from up to two constituencies
Introduced in 1996 prior to which there was no bar on the number of constituencies from which a candidate could
contest
IT Act
Home Ministry has authorised 10 central agencies to intercept information “transmitted, received or stored” in any
computer in the country - under the IT Act
IT Act allows authorities to access information in case of
Sovereignty or integrity of India

Security of the state
Friendly relations with foreign states
Public Order
Change in name of city/village

Executive resolution of state resolution

Mandatory to obtain NOC from Home Ministry
Home Ministry consults with Ministry of Railways, Dept of Posts and Survey of India to ensure a similarly named
city/village does not exist
Consultative Committee
Constituted by Ministry of Parliamentary Affairs

Members from both houses, for different ministries
Chairman - Concerned Minister in charge
Meetings are held during session and inter-session period
Privilege Motion
House can punish for contempt - breach of privilege, offences against authority or dignity of house - under Law of
Parliament
Moved by a MP when he feels a minister has withheld information or presented false/distorted information
MP moves a privilege motion for breach of privilege of a member/House/Committee, with permission of
Speaker/Chairman
Governed by Rules of the House of each house
Speaker/Chairman is the first level of scrutiny - can decide himself or refer it to the Privileges committee
Privilege Committee - 15 members in LS, 10 members in RS (headed by Deputy Chairman)
Enemy Properties Act
Enacted in 1968, after the Indo-Pak war of 1965

When wars broke out between India and China in 1962, and India and Pakistan in 1965 and 1971, the central
government took over properties of citizens of China and Pakistan in India under the Defence of India Acts
Maximum number of such properties are in UP
Highest number of property left behind by Chinese is in Meghalaya
Provisions
Defined an ‘enemy’ as a country that committed an act of aggression against India, and its citizens
The properties of enemies in India were classified as enemy property - land, buildings, shares held in companies, gold
and jewellery of the citizens of enemy countries
Enemy property are under Home Ministry
Administration of enemy properties was handed over to the Custodian of Enemy Property, an office under the central
government
Union Cabinet has approved sale of enemy shares - proceeds are to be deposited as disinvestment proceeds with
Ministry of Finance.
DIPAM has been authorised to sell the shares
Property lawfully transferred by enemy to successor before fleeing also counts as Enemy Property - Inheritance laws
are not applicable to Enemy Property
Sadr-e-Riyasat
JK Constituent Assembly resolved that the head of state, named Sadr-e-Riyasat, would be elected by the Legislative
Assembly for a term of five years and recognised by the President of India (instead of Governor)
Only a permanent resident of J&K could become Sadr-e-Riyasat
Once elected by the Legislative Assembly, the Sadr-e-Riyasat had to be recognised and then appointed by the President
Census
Census was conducted for the first time in 1872

Census Act, 1948 governs Census since 1951
Responsibility of the decennial census - Office of Registrar General and Census Commissioner, Ministry of Home
Affairs
2021 Census will be the first in which data will be stored electronically
Arthashastra by Kautilya prescribed population statistics as measure of state policy for taxation
Ain-e-Akbari also had references to a Census
Department of Official Language
Under Ministry of Home Affairs

Ensure compliance of constitutional and legal provisions regarding official language and to promote use of Hindi for
official purposes
Implement provisions of Constitution relating to Official Language and Official Languages Act, 1963
Approval of President for authorising limited use of a language other than English, in proceedings of HC
Hindi teaching scheme for Central Govt. employees
Kanthasth - Translate official files from English to Hindi and vice versa
Pravah - Learn Hindi through mother tongue (16 languages including English)
Ethics Committee of the Lok Sabha
Constituted in 2000 as an adhoc committee

Constituted in Rajya Sabha earlier in 1997
In 2015 it was given permanent Standing Committee status
Examines complaints referred to it
Can also act SUO MOTO
Parens Patriae Doctrine
Grants the court inherent power and authority to act as guardian for those who are unable to take care of themselves
Uttarakhand High Court would act as legal guardian of cows in the state
Special Category States
No provision of SCS in the Constitution

Central Govt extends financial assistance to states which have a comparative disadvantage
On the basis of Gadgil-Mukherjee formula that determined Central assistance to states
After NITI Aayog and 14th FC recommendations of increasing devolution of the divisible pool to all states (42% from
32%), central plan assistance to SCS states has been subsumed
Centre pays 90% funds in case of Centrally Sponsored Schemes
National Development Council accorded SCS status to JK, Assam, Nagaland in 1969.
7 NE states + 4 Himalayan states are presently Special Category States
Criteria
Hilly and difficult terrain

Strategic location along international borders
Non-viable nature of state finances
Low population density/large tribal population
Economic and infrastructural backwardness
Criteria used to share central taxes between states 14th FC
Population Earlier 1971 data was used, but 15th FC is mandated to use 2011 data
Area
Income Distance
Forest Cover

Motion of Thanks
President makes an address to a joint sitting of Parliament at the start of the Budget session (first session of
each year)
Prepared by the government and lists its achievements
Statement of the legislative and policy achievements of the government during the preceding year and gives
a broad indication of the agenda for the year ahead
Followed by a motion of thanks moved in each House by ruling party MPs
Political parties discuss the motion of thanks also suggesting amendments
Notices of amendments to Motion of Thanks on the President’s Address can be tabled after the President
has delivered his Address (matters contained in the Address + what the Address has failed to mention)
Such form as may be considered appropriate by the Speaker
Members cannot refer to matters which are not the direct responsibility of the Central Government
Name of the President cannot be brought in during the debate since the Government and not the President
is responsible for the contents of the Address
Members of Parliament vote on this motion of thanks. This motion must be passed in both of the houses.
Failure to get motion of thanks passed amounts to defeat of government and leads to collapse of
government
Motion of Thanks is deemed to be a noconfidence motion
Section 66A of IT Act
Punishment for sending offensive messages through a computer or communication device

Struck down as unconstitutional in Shreya Singhal case
Difference between Full Budget and Vote on Account
Full Budget deals with both expenditure and revenue side. Voteonaccount deals only with the expenditure
side of the government’s budget
The voteonaccount is normally valid for two months but full budget is valid for 12 months (a financial year)
Voteonaccount is treated as a formal matter and passed by Lok Sabha without discussion. Passing for
budget happens only after discussions and voting on demand for grants
Interim Budget
Not the same as a ‘Vote on Account’
‘Vote on Account’ deals only with the expenditure side of the government’s budget, an Interim Budget has
both expenditure and receipts
Interim Budget gives the complete financial statement, very similar to a full Budget
Short term expenditure + Income Part

Polity Governance

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05/05/2019 Governance

Chins - Myanmar (mostly Christians)

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Methods of voting - in person, by post, through proxy

Representation of the People Act, 1951 - Voting for prisoners/undertrials

Method that provides feedback to voters

EVM will be used in all polling stations in 2019

How do VVPAT machines work?

Section 8 of RoPA - Disqualiﬁcation upon Conviction

Section 33 of RoPA - 2 constituencies

Permits a candidate to contest any election from upto 2 constituencies

Section 126 of RoPA - Prohibit display of election matter

Article 20 (1) - Ex-Post facto Law

Article 20 (2) - Doctrine of Double Jeopardy

Article 20 (3) - Self Incrimination Law

No person accused of any offence shall be compelled to be a witness against himself

Voter having service qualiﬁcation

Member of the Armed Forces

How is a service voter different from an ordinary elector?

Indian Army, Navy and Air Force

Gambling and Betting is under State List

Civil Services Conduct Rules

Civil Servants cannot take part in editing or management of a newspaper or periodical

Black Listed NGOs - By MoWCD

Foreign Contribution Regulation Act, 2010

Requires all NGOs to apply for a license to receive foreign funding

S Vijaykumar Committee - NGO Reforms

Modernise registration procedures for NGOs

Commercial Courts Bill, 2018

Objective - cleansing the prevailing culture of political sponsorship

Private members Bill

MP who is not a Minister is referred to as a private member

Goa Opinion Poll Day

Unlawful Activities (Prevention) Act, 1967

The law is contested for few draconian provisions

Constitution does not deﬁne the term minorities

Treats non-permanent residents of J&K as ‘second-class’ citizens.

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Governor’s Rule in JK

Autonomous District Council

What do the new amendments seek to modify?

National Judicial Appointments Commission

Permanent Chairman of the Chiefs of Staff Committee

Single-point military adviser to the government

Negrito tribe who live on the North Sentinel Island of the Andamans.

Steps taken to ensure the protection of Sentinelese

Restricted Area Permit System

10th Schedule - 52nd Amendment in 1985

Voluntarily gives up the membership of his political party

Exceptions under the Law

Decision of disqualiﬁcation is subject to Judicial Review - Kihoto Hollohan Case

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To entertain the curative petitions

Recent Decisions by Higher Judiciary

INTER STATE RIVER DISPUTES

Dispute between Odisha and Chhatisgarh

Being set up by Karnataka government