Polity SmashPre PDF

CIVILSDAILY IAS
PEAK PERFORMANCE. UNLOCKED.
SMASH
PRELIMS
2023
PART- 1
BOOKLET:
POLITY
CURRENT AFFAIRS
From 1st January 2022 to 31st December 2022
CONSTITUTION
1. Important Judgements In News
1.1 No need for laws to enforce duties on citizens: AG 7
2. Parliament – Sessions, Procedures, Motions, Committees etc

2.1 Suspension of MLAs 8
2.2 Govt tweaks spending norms for Contingency Fund of India 9
2.3 How is Vice-President of India elected? 10
2.4 Droupadi Murmu elected 15th President of India 11
2.5 Money Bill verdict holds the key: SC 13
2.6 In news: Attorney-General (A-G) of India 15
2.7 What is the Doctrine of Pleasure? 16
3. Women empowerment issues – Jobs,Reservation and education

3.1 Women have Right to Safe Abortion: SC 17
4. Police Reforms – SC directives, NPC, other committees reports

4.1 What is Habeas Corpus? 18
4.2 Preventive Detention 19
4.3 Rules for Identifying Criminals now notified 21
5. Judicial Reforms
5.1 Back in news: Article 142 of the Constitution 22
5.2 In news: Pardoning Power of the President 22
6. Languages and Eighth Schedule

6.1 Hindi not a competitor of regional languages: Home Minister 24
7. Citizenship and Related Issues

7.1 Government seeks law on Rights of Foreigners 25
7.2 Postal ballot for NRIs being contemplated 26
7.3 Renouncement of Indian Citizenship 27
8. Delhi Full Statehood Issue

8.1 What is the Delhi Dual Governance Conundrum? 29
9. Mother and Child Health – Immunization Program, BPBB, PMJSY, PMMSY, etc.
9.1 All women have Right to Legal and Safe Abortion: Supreme Court 30
10. Freedom of Speech – Defamation, Sedition, etc.

10.1 SC Ruling on Sedition Law 31
10.2 India slips to 150 in Press Freedom Index 33
11. Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.
11.1 Uniform Civil Code 34
12. President’s Rule

12.1 Confrontation between the Governors and the State governments 35
13. Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

13.1 8 lakh income ‘reasonable’ cap for EWS quota, Centre tells SC 37
13.2 The Question of OBC Reservation in Local Bodies 38
13.3 States must decide on SC/ST quota in promotions: Supreme Court 39
13.4 Wearing hijab is not essential part of religion: Karnataka HC 41
13.5 Govt to reconsider Minority Tag for Hindus in some states 42
13.6 Explained: Sub-categorizing OBCs 44
14. Panchayati Raj Institutions: Issues and Challenges

14.1 What is PESA Act? 45
15. Jallikattu Debate
15.1 Jallikattu Case: What right do you want to protect, Supreme Court asks petitioners 46
16. Direct Benefits Transfers

16.1 What is Public Financial Management System (PFMS)? 47
17. Corruption Challenges – Lokpal, POCA, etc

17.1 Untangling Kerala’s Lokayukta Amendment Controversy 48
18. Labour, Jobs and Employment – Harmonization of labour laws, gender gap,
unemployment, etc.
18.1 Local job laws that raise constitutional questions 50
18.2 Back in news: Article 142 of the Constitution 51
19. Electoral Reforms In India

19.1 Goan politician accorded Lifetime Rank of Cabinet Minister 52
19.2 Vacant offices, unaware office-bearers: curious case of delisted parties 54
20. Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.
20.1 National Commission for Safai Karamcharis gets 3-year extension 55
21. Death Penalty Abolition Debate

21.1 President has no role to play in Perarivalan’s plea: SC 57
22. Tribes in News

22.1 Who are Denotified Tribes (DNTs)? 58
22.2 Tribes in news: Hattis of Himachal Pradesh 59
23. Highlights of the Democracy Report

23.1 Highlights of the Democracy Report 2022 60
23.2 Rajya Sabha 61
23.3 ROLE OF PANCHAYATS IN SERVICE DELIVERY 64
23.4 Maharashtra-Karnataka Boundary Dispute 66
23.5 CAG Audit and its Significance 67
FEDERAL SYSTEM
24. Anti Defection Law
24.1 Anti-Defection Law 70
25. Parliament – Sessions, Procedures, Motions, Committees etc

25.1 What is Privilege Motion? 71
25.2 E-Vidhan System for Paperless Legislation 72
25.3 Nominated Members in Rajya Sabha 72
25.4 What is Floor Test? 73
25.5 What is Adjournment Sine Die? 74
26. Interstate River Water Dispute

26.1 Mullaperiyar Dam Issue 75
26.2 Krishna Water Allocation Dispute 76
27. J&K – The issues around the state

27.1 Kashmir Voters’ List Upgrade to include Non-Locals 80
28. President’s Rule

28.1 What is Article 355 of Indian Constitution? 81
29. Aadhaar Card Issues

29.1 Concerns around Aadhaar-Voter ID linkage 83
30. Electoral Reforms In India

30.1 Election Campaign Funding by Political Parties 84
30.2 The move to ease Voting for Overseas Citizens 85
30.3 Who exactly counts your Vote after polling? 86
30.4 Delimitation exercise in Assam 87
31. Special Category Status and States

31.1 AP approaches SC over Three Capitals Issue 88
32. Goods and Services Tax (GST)

32.1 What is the GST Council, what does it do? 89
33. North-East India – Security and Developmental Issues

33.1 KHADC to invite talks on Instrument of Accession 90
34. NHRC
34.1 NHRC 91
34.2 How are Districts created? 92
34.3 Governor: 1st essential part of State Legislature 93
34.4 Assam-Meghalaya Boundary Dispute 95
JUDICIARY
35. Judicial Reforms
35.1 Issues related to Tribunal 98
35.2 SC averse to ‘Sealed Cover Jurisprudence’ 99
35.3 FASTER digital platform for Judiciary 100
35.4 Parliamentary Committee opposes Mediation Bill 100
35.5 Bail Law and Supreme Court call for Reform 101
35.6 Centre constitutes 22nd Law Commission 103
36. Judicial Appointments Conundrum Post-NJAC Verdict

36.1 Working of the Supreme Court Collegium 104
Polity
CIVILSDAILY IAS Smash Prelims 2023: Current Affairs | Polity: Jan ‘22-Dec ‘22
Constitution
Page 6 www.civilsdaily.com
Smash Prelims 2023: Current Affairs | Polity: Jan ‘22-Dec ‘22 CIVILSDAILY IAS
1. IMPORTANT JUDGEMENTS IN NEWS
1.1 No need for laws to enforce duties on citizens: AG
• FD apply only to citizens and DO NOT EXTEND TO

FOREIGNERS
•T he idea of this section was borrowed from USSR con-
stitution
• Japanese constitution is one of the other democratic
nations which have a provision dealing with the duties of
its citizens.
The 10 fundamental duties are as follows:

To oblige with the Indian Constitution and respect the Na-
What are Fundamental Duties? tional Anthem and Flag.
• The fundamental duties of citizens were added to the •T o cherish and follow the noble ideas that inspired the
constitution by the 42nd Amendment in 1976, upon the National Struggle for Freedom.
recommendations of the Swaran Singh Committee. • To protect the Integrity, Sovereignty, and Unity of India.
• It basically imply the moral obligations of all citizens of • To defend the country and perform national services
a country and today, there are 11 fundamental duties in if and when the country requires.
India, which are written in Part IV-A of the Constitution, •T o promote the spirit of harmony and brotherhood
to promote patriotism and strengthen the unity of India. amongst all the people of India and renounce any practic-
• The FDs obligate all citizens to respect the national symbols es that are derogatory to women.
of India, including the constitution, to cherish its heritage, • To cherish and preserve the rich national heritage of our
preserve its composite culture and assist in its defence. composite culture.
• They also obligate all Indians to promote the spirit of com- • To protect and improve the natural environment in-
mon brotherhood, protect the environment and public cluding lakes, wildlife, rivers, forests, etc.
property, develop scientific temper, abjure violence, and • To develop scientific temper, humanism, and spirit of
strive towards excellence in all spheres of life. inquiry.
Judicial interpretation of FDs • To safeguard all public property.
•T he Supreme Court has held that FDs are not enforceable •T o strive towards excellence in all genres of individual
in any Court of Law. and collective activities.
• It ruled that these fundamental duties can also help the The 11th fundamental duty which was added to this
court to decide the constitutionality of a law passed by list is:
the legislature. • To provide opportunities for education to children be-
• There is a reference to such duties in international in- tween 6-14 years of age, and duty as parents to ensure
struments such as the Universal Declaration of Human that such opportunities are being awarded to their child.
Rights and International Covenant on Civil and Political ( 86th Amendment, 2002 ).
Rights, and Article 51A brings the Indian constitution into
conformity with these treaties. 86th amendment 2002
he 86th Constitutional Amendment (2002) added
•T
Back to Basics: Fundamental Duties Article 21A to the Indian Constitution, which states that
•O
riginally ten in number, the fundamental duties were “the State shall provide free and compulsory education
increased to eleven by the 86th Amendment in 2002. to all children aged six to fourteen years in such manner
as the State may by law determine.”
www.civilsdaily.com Page 7
•A rticle 51A was also amended, and after clause ( j), the fol- •T
hese duties also emphasise the values which have been
lowing clause (k) was added: “who is a parent or guardian to a part of the Indian practices.
provide educational opportunities to his child or, as the case
Try this PYQ from CSP 2017:
may be, ward between the ages of six and fourteen years.”
• It made the provision of educational opportunities for Q. Which of the following is/are among the Funda-
children a fundamental obligation of parents. mental Duties of citizens laid down in the Indian
Constitution?
Prominent Features 1. To preserve the rich heritage of our composite
culture
Fundamental duties are categorised into two:
2. To protect the weaker sections from social injus-
1. M
oral Duties (e.g. cherishing the noble idea of the free- tice
dom struggle) 3. To develop the scientific temper and spirit of
inquiry
2. Civil duties (e.g. respect the institution and national 4. To strive towards excellence in all spheres of indi-
flag/ national anthem) vidual and collective activity.
• The Fundamental Duties are restricted to citizens only, Select the correct answer using the codes given
below:
whereas the fundamental rights expands to all persons. (a) 1 and 2 only
• The Constitution does not provide for their direct enforce- (b) Only 2
(c) 1, 3 and 4 only
ment by courts but the Parliament is free to enforce them
(d) 1, 2, 3 and 4
by suitable legislation.
2. PARLIAMENT – SESSIONS, PROCEDURES, MOTIONS,

COMMITTEES ETC
2.1 Suspension of MLAs
What is the issue: The constitutional ground behind this suspension

Some legislators were suspended for one year by the Maha- • The Court referred to Article 190 (4) of the Constitution
rashtra Assembly for alleged disorderly conduct. The Supreme which says that if for a period of 60 days, a member of a
Court has observed that the suspension for a full year isprima House, without its permission, is absent; the House may
facie unconstitutionalandcreated a constitutional void declare his or her seat vacant.
for these constituencies. • Suspension of MLAs beyond this period would lead to their
disqualification.
Suspending MLAs: A fact check
•E ach state has its individual rules for the conduct of as- Back to Basics: Provisions for Suspension of a Member
sembly. These rules provide for the suspension of MLAs. of Parliament
• Under Rule 53 of the Maharashtra Legislative Assembly • Rules 373, 374, and 374A of the Rules of Procedure and
Rules, 1960, only the Speaker has the power to suspend Conduct of Business in Lok Sabha provide for the with-
MLAs indulging in unruly behavior. drawal of a member whose conduct is grossly disorderly,
• Therefore, the motion to suspend cannot be put to vote and suspension of one who abuses the rules of the House
as this would allow the Government to suspend as many or willfully obstructs its business.
Members of Opposition as it sees fit. • The maximum suspension as per these Rules is for five
consecutive sittings or the remainder of the session,
whichever is less.
he maximum suspension for Rajya Sabha under Rules

•T imilar Rules also are in place for state legislative assem-
•S
255 and 256 also does not exceed the remainder of the blies and councils which prescribe a maximum suspension
session. not exceeding the remainder of the session.
2.2 Govt tweaks spending norms for Contingency Fund of India
What is the issue •A n amount equivalent to 40% of the corpus has now been
The government has tweaked spending norms for Contingency placed at the disposal of the Expenditure Secretary.
Fund of India, allowing 40% of the total corpus to be placed • All further Contingency Fund releases beyond this limit
at disposal of the Expenditure Secretary. will require the approval of the Expenditure Secretary in
addition to the Economic Affairs Secretarys approval.
What are the proposed changes?
•B udget 2021-22 proposed to enhance the Contingency Fund Back2Basics:
of India from 500 crore to 30,000 crore through Finance Bill.
Consolidated Funds of India
• An amount equivalent to 40 per cent of the Fund corpus
•T he provision for this fund is given in Article 266(1) of
shall be placed at the disposal of the Secretary, Ministry
the Constitution of India.
of Finance, Department of Expenditure.
• The government meets all its expenditure from this CFI.
• This would serve the purpose of meeting unforeseen ex-
• It receives money from:
penditure.
1. Direct and indirect taxes Loans taken by the Indian gov-
What is the Contingency Fund of India? ernment
•C ontingency is a negative event which may occur in future, 2. Returning of loans/interests of loans to the government
like recession or pandemic. by anyone/agency that has taken it
• The Constitution has a provision for a contingency fund. • The government needs parliamentary approval to withdraw
Its corpus is always kept intact. money from this fund.
•A rticle 267 of the Constitution mandates formation of a • Each state has its own Consolidated Fund of the state with
corpus under Contingency Fund of India to deal with any similar provisions.
emergency situation. • The Comptroller and Auditor General of India audits these
• It is placed at the disposal of the President of India. funds and reports to the relevant legislatures on their
• Government cannot withdraw funds from it without management.
authorization of the Parliament.
Public Account of India
• And the corpus has to be replenished with the same amount
•A ll other public money (other than those covered under
later.
the Consolidated Fund of India) received by or on behalf of
Management of the fund the Indian Government are credited to this account/fund.
•T he fund is held by the Department of Economic Affairs • It is constituted under Article 266(2) of the Constitution.
on behalf of the President of India and it can be operated • This is made up of:
by executive action. Bank savings account of the various ministries/departments
• The fund can be increased through a Finance Bill when • National small savings fund, defense fund
Parliament is in the session. • National Investment Fund (money earned from disin-
• Or through Ordinance if the House is not in session and vestment)
situation warrants. • National Calamity & Contingency Fund (NCCF) (for Di-
• Withdrawal from the fund takes place with the approval saster Management)
of the Secretary of Department of Economic Affairs, in • Provident fund, Postal insurance, etc.
terms of the Contingency Fund of India Act, 1950. • Similar funds
•T he government does not need permission to take advances Voted/Votable Expenditures
from this account. • This is the actual budget.
• Each state can have its own similar accounts. • The expenditures in the budget are actually in the form of
• CAG makes audit of all the expenditure from the Public Demand for Grants.
Account of India. •T
he demands for grants are presented to the Lok Sabha
along with the Annual Financial Statement. Generally,
Types of Expenditures
one Demand for Grant is presented for each Ministry or
Charged Expenditures Department.
• Non-votable charges are called charged expenditures.
Supplementary Grants
•N o voting takes place for this amount which is spent from
•S
upplementary grants are granted when the sum approved
the Consolidated Fund of India. Parliamentary approval
by the Parliament via the appropriation act for a certain ser-
is not needed.
vice for the current financial year is found to be inadequate.
• These are paid whether or not the budget is passed.
• Emoluments, allowances and expenditure of the President Additional Grants
and his office, salary and allowances of chairman, Deputy • These are granted when a need has emerged for the duration
chairman of Rajya Sabha, Speaker, Supreme Court judges, of the present financial year for additional expenditure
CAG and Deputy Speaker of the Lok Sabha come under for certain new service, not considered in the budget for
this expenditure. that year.
• Another example of charged expenditure is debt charges
Excess Grants
of the government.
• Excess Grant is granted when the cash spent on any pro-
• These are not voted because these payments are deemed
vision in a financial year exceeds the amount granted for
guaranteed by the state.
• Even though voting does not take place, discussion on these that service in the budget.
can take place in both the Houses.
2.3 How is Vice-President of India elected?
The Election Commission has announced that the election to Be a citizen of India
the post of the Vice-President (VP) will be held on August 6, as • Be at least 35 years of age
M. Venkaiah Naidus term was coming to an end on August 10. • Not hold any office of profit
•U nlike in the case of the president, where a person must
About Vice President of India
be qualified for election as a member of the Lok Sabha,
• The VP is the deputy to the head of state of the Republic
the vice president must be qualified for election as a
of India, the President of India.
member of the Rajya Sabha.
• His/her office is the second-highest constitutional office
• This difference is because the vice president is to act as
after the president and ranks second in the order of prece-
the ex officio Chairman of the Rajya Sabha.
dence and first in the line of succession to the presidency.
• In the constitutional set-up, the holder of the office of Roles and responsibilities
Vice-President is part of the Executive but as Chairman •W hen a bill is introduced in the Rajya Sabha, the vice
of the Rajya Sabha he is a part of Parliament. president decides whether it is a money bill or not.
• He has thus a dual capacity and holds two distinct and • If he is of the opinion that a bill introduced in the Rajya
separate offices. Sabha is a money bill, he shall refer it to the Speaker
of the Lok Sabha.
Qualifications
• The vice president also acts as the chancellor of the central
•A
s in the case of the president, to be qualified to be elected
universities of India.
as vice president, a person must:
• I n his task as Chairman, he is assisted by the Deputy Chair- •T he voting is conducted by Election Commission of India
man who is a member of the House and elected by it. via secret ballot.
• The Deputy Chairman presides over the Rajya Sabha in • The Electoral College for the poll will comprise 233 Rajya
the absence of the Chairman and performs the duties of Sabha members, 12 nominated Rajya Sabha members
the office of the Chairman if the Vice-President is acting and 543 Lok Sabha members.
as President or if there is a vacancy in the office of the • The Lok Sabha Secretary-General would be appointed
Vice-President. the Returning Officer.
• There is also a panel of six Vice-Chairmen, which is •P olitical parties CANNOT issue any whip to their MPs
constituted every year. in the matter of voting in the Vice-Presidential election.
• A Vice-Chairman presides over the meeting of the Ra-
Removal
jya Sabha in the absence of the Chairman or the Deputy
•T he Constitution states that the vice president can be
Chairman.
removed by a resolution of the Rajya Sabha passed by an
Election procedure Effective majority (majority of all the then members)
• Article 66 of the Constitution of India states the manner and agreed by the Lok Sabha with a simple majority(
of election of the vice president. Article 67(b)).
•T
he vice president is elected indirectly by members of • But no such resolution may be moved unless at least 14
an electoral college consisting of the members of both days notice in advance has been given.
Houses of Parliament and NOT the members of state •N otably, the Constitution does not list grounds for re-
legislative assembly. moval.
• The election is held as per the system of proportional No Vice President has ever faced removal or the deputy
representation using single transferable votes. chairman in the Rajya Sabha cannot be challenged in any
court of law per Article 122
2.4 Droupadi Murmu elected 15th President of India
Former Jharkhand Governor Droupadi Murmu was elected Electing the President
the 15th President of India, the first (santhal) tribal woman •T he provisions of the election of the President are laid
to be appointed to the position and the youngest as well. down in Article 54 of the Constitution of India.
• The Presidential and Vice-Presidential Election Act 1952
The President of India
led to the establishment of this Constitutional provision.
•T he President of India is recognized as the first citizen of
the country and the head of the state. Qualifications to become the President of India
• The elected President of India is a part of the Union Exec- The qualification of being the President of India are given
utive along with several other members of the parliament below:
including the Prime Minister, Attorney-General of India • He/ She must be an Indian citizen
and the Vice president. • A person must have completed the age of 35.
• A person must be qualified for election as a member of
Related Constitutional Provisions:
the House of the People.
• Article 54: Election of President
• Must not hold a government (central or state) office of profit
• Article 55 : Manner of election of President.
• A person is eligible for election as President if he/she is
• Article 56 :Term of office of President
holding the office of President or Vice-President.
• Article 57: Eligibility for re-election.
• Article 58 : Qualifications for election as President
Procedure: • MPs and MLAs vote based on parity and uniformity values.
• Before the voting, comes the nomination stage, where
Electoral College composition-
the candidate intending to stand in the election, files the
nomination along with a signed list of 50 proposers and (1) Legislative Assemblies of the States:
50 seconders. ccording to the provision of Article 333, every states
•A
• These proposers and seconders can be anyone from the Legislative Assembly must consist of not less than 60
total members of the electoral college from the State and members but not more than 500 members.
national level.
• The rule for securing 50 proposers and seconders was (2) Council of States:
implemented when the EC noticed, in 1974, that several • 1 2 members are nominated by the President of India
candidates, many without even a bleak chance of winning, based on skills or knowledge in literature, arts, science,
would file their nominations to contest the polls. and social service to act as the members of the Council
•A n elector cannot propose or second the nomination of of States.
more than one candidate. • I n total, 238 represent act as representatives from both
the States and Union Territories.
(3) House of the People:

• The composition of the House of People consists of 530
members (no exceeding) from the state territorial con-
stituencies.
• They are elected through direct election.
• The President further elects 20 more members (no ex-
ceeding) from the Union Territories.
Uniformity in the scale of representation of states

To maintain the proportionality between the values of the
votes, the following formula is used:
Value of vote of an MLA = total no. of the population of
the particular state/ number of elected MLAs of that state
divided by 1000.
Single vote system

•D uring the presidential election, one voter can cast only
one vote.
• While the MLAs vote may vary state to state, the MPs vote
always remain constant.
MPs and MLAs vote balance

•T
he number of the total value of the MPs votes must equal
the total value of the MLAs to maintain the State and the
Union balance.
Quotas:
• The candidate reaching the winning quota or exceeding
it is the winner.
Actual course of election
he formula sued is Winning quota total number of poll/
•T
• The President of India is elected indirectly by an Electoral
no.of seats + 1.
College following the system of proportional represen-
tation utilizing a single transferable vote system and
secret ballots.
Voters preference: •M oreover, it would be difficult and impossible for the gov-
• During the presidential election, the voter casts his vote ernment to hand out election machinery (given the vast
in favor of his first preferred candidate. population of India).
• However, in case the first preference candidate does not • This will cost the government financially and may end up
touch the winning quota, the vote automatically goes affecting the economy as well.
to the second preference. • The indirect election system is a respectable system for
•T he first preferred candidate with the lowest vote is the First Man of India (rightly deserving).
eliminated and the votes in his/her favor are transferred • The system/method of indirect electing of the president
to the remaining candidates. also allows the states to maintain neutrality and minimize
hostility.
Why need Proportional representation?
•T he President of India is elected through proportional Can the President be Impeached?
representation using the means of the single transferable • According to Article 61, the President can be removed
vote (Article 55(3)). from his office before the expiry of his term only on the
• It allows the independent candidates and minority par- grounds of violation of the constitution.
ties to have the chance of representation. •H owever, the Constitution does not define the meaning
• It allows the practice of coalition with many voters under of the phrase violation of the constitution.
one government. • The impeachment process can be started from any house
his system ensures that candidates who are elected dont
•T of the parliament by levelling charges against him.
represent the majority of the electorates opinion. • The notice bearing the charges against the president must
be signed by at least a quarter of the members of the house.
Why is President indirectly elected?
• The resolution to impeach the president must be passed by
If Presidents were to be elected directly, it would become
a special majority (two-thirds) in the originating house.
very complicated.
• Next, it is sent to the other house for consideration. The
• It would, in fact, be a disaster because the public doesnt
other house acts as the investigating horse. A select com-
have absolute clarity of how the president-ship runs or if
mittee is formed to investigate the charges labelled against
the candidate fits the profile of a president.
the president.
• Another reason why the direct election system isnt favor-
• During the process, the President of India has the right
able is that the candidate running for the presidents profile
to defend himself through authorised counsel. He can
will have to campaign around the country with the aid of
choose to defend himself or appoint any person/lawyer or
a political party.
attorney general of India to do so.
• And, this will result in massive political instability.
2.5 Money Bill verdict holds the key: SC
The Supreme Court has left it open for a seven-judge Bench he petitioners had questioned the legality of the PMLA
•T
to decide whether the amendments to the PMLA could have amendments which were introduced via Finance Acts/
been made to the PMLA through the Money Bill route. Money Bills.
• In November 2019, a five-judge Bench led by then CJI Ranjan
What is a Money Bill?
Gogoi had referred to a larger Bench the issue and question
•A money bill is defined by Article 110 of the Constitution,
posed in the Roger Mathew vs South Indian Bank Ltd. Case.
as a draft law that contains only provisions that deal with
• I t inquired to whether amendments like these can be
all or any of the matters listed therein.
passed as a Money Bill in violation of Article 110 of the
• These comprise a set of seven features, broadly including
Constitution.
items such as-
• Imposition, abolition, remission, alteration or regula- Its difference with money bill:
tion of any tax. • I t can be either rejected or amended by the Rajya sabha
• Regulation of the borrowing of money by the GOI. which is not the case with money bill
• Custody of th e Consolidated Fund of India (CFI) or the • There is a provision of joint sitting summoned by Pres-
Contingency Fund of India, the payment of money into ident in case of deadlock
or the withdrawal of money from any such fund. • President can give his assent, withhold the bill or can
• Appropriation of money out of the CFI. even return the bill for reconsideration
• Declaration of any expenditure charged on the CFI or
Facts about Financial Bills (II):
increasing the amount of any such expenditure.
• Receipt of money on account of the CFI or the public
account of India or the custody or issue of such money, or
the audit of the accounts of the Union or of a state.
•A ny matter incidental to any of the matters specified
above.
Correlation Money Bill

•A
Money Bill is deemed to contain only provisions dealing
with all or any of the matters under clauses (a) to (g) of
Article 110(1), largely including the appropriation of money
from the Consolidated Fund of India and taxation.
• In other words, a Money Bill is restricted only to the speci-
fied matters and cannot include within its ambit any other
matter.
Bill is not a Money Bill when it provides for:

• Imposition of fines or other pecuniary penalties
•D emand or payment of fees for licenses or fees for services
• I t is defined as a bill that solely deals with provisions involv-
rendered.
ing expenditure from the Consolidated Fund of India
• Imposition, abolition, remission, alteration or regulation
and does not include any matter of money bill (Article 110.)
of any tax by any local authority or body for local purposes
• It is treated as an ordinary bill in all respects unlike Fi-
Financial Bill Article 117 of Indian Constitution nancial Bill (I)
Financial Bills are dealt with under Articles 117 (1) and Ar- •S pecial Feature : It cannot be passed by either house of
ticle 117 (3.)Though Money Bill is a species of the financial the Parliament unless the President has recommended
bill however, not all financial bills are money bill. These bills them for consideration of the bill
are categorized as: • It can be either rejected or amended by either House
1. Financial Bills (I)- Article 117 (1) of Parliament
2. Financial Bills (II)- Article 117 (3) • There is a provision of joint sitting summoned byPresi-
dentin case of deadlock
Facts about Financial Bills (I):
• President can give his assent, withhold the bill or can even
It is defined as a bill that contains matters not only related to
return the bill for reconsideration
Article 110 (Money Bill) but also other matters of finances.
Its similarity with money bill:
• It is introduced only in Lok Sabha similar to Money Bill.
• I t is introduced only on the recommendation of Pres-
ident.
Difference between money and finance bill Who controls such bills?
• In the event proposed legislation contains other features,
ones that are not merely incidental to the items specifically
outlined, such a draft law cannot be classified as a money bill.
• Article 110 further clarifies that in cases where a dispute
arises over whether a bill is a money bill or not, th e
Lok Sabha Speakers decision on the issue shall be con-
sidered final.
2.6 In news: Attorney-General (A-G) of India
Senior advocate R Venkataramani has been appointed as the Functions and duties
new Attorney General of India for a period of three years. • The AGI is necessary for advising the Government of India
on legal matters referred to them.
Attorney General of India (AGI)
• They also perform other legal duties assigned to them by
•T he AGI is the Indian governments chief legal advisor
the President.
and is a primary lawyer in the Supreme Court of India.
• The AGI has the right of audience in all Courts in India
• They can be said to be the advocate from the govern-
as well as the right to participate in the proceedings of
ments side.
the Parliament, though not to vote.
• They are appointed by the President of India on the advice
• The AGI appears on behalf of the Government of India in
of Union Cabinet under Article 76(1) of the Constitution
all cases (including suits, appeals and other proceedings)
and holds office during the pleasure of the President.
in the Supreme Court in which GoI is concerned.
• They must be a person qualified to be appointed as a Judge
• They also represent the Government of India in any refer-
of the Supreme Court ( i.e. a judge of some high court for
ence made by the President to the Supreme Court under
five years or an advocate of some high court for ten years
Article 143 of the Constitution.
or an eminent jurist, in the opinion of the President and
•T he AG is assisted by a Solicitor General and four Ad-
must be a citizen of India. ).
ditional Solicitors General.
Powers of AG •S
ince he is appointed by the President on the advice of the
• The AG can accept briefs but cannot appear against the Council of Ministers, conventionally he is removed when
Government. the council is dissolved or replaced.
• They cannot defend an accused in criminal proceedings
Limitations to his powers
and accept the directorship of a company without the
The AG:
permission of the Government.
• s hould not advise or hold a brief against the Government
• The AG is to be consulted only in legal matters of real
of India
importance and only after the Ministry of Law has been
• s hould not defend accused persons in criminal cases
consulted.
without the permission of the government of India
• All references to the AG are made by the Law Ministry.
• s hould not accept appointment as a director in any
Term of Attorney Generals office company without the permission of the government
here is no fixed term for the Attorney General of India. The
•T
Office of AG across the world
Constitution mentions no specified tenure of Attorney
•U nlike the Attorney General of the United States, the AGI
General. Similarly, the Constitution also does not mention
does not have any executive authority.
the procedure and ground of his removal.
• Those functions are performed by the Law Minister of
Facts about his office: India.
• He can be removed by the President at any time. • Also, the AG is not a government servant and is not de-
e can quit by submitting his resignation only to the
•H barred from private legal practice.
President.
2.7 What is the Doctrine of Pleasure?
The Kerala Governor has sought dismissal of a minister from Article 310
the Cabinet, declaring that he has withdrawn the pleasure • I t says every person in the defence or civil service of the
of having him in the Council of Ministers. Union holds office during the pleasure of the President,
and every member of the civil service in the States holds
Doctrine of Pleasure: The concept behind
office during the pleasure of the Governor.
• The pleasure doctrine is a concept derived from English
common law. Article 311
• I t says is that a civil servant of the Crown holds office during • It imposes restrictions on the removal of a civil servant.
the pleasure of the Crown. • I t provides for civil servants being given a reasonable
• This means his services can be terminated at any time by opportunity for a hearing on the charges against them.
the Crown, without assigning any reason. • There is also a provision to dispense with the inquiry if it
is not practicable to hold one, or if it is not expedient to do
How arbitrary is this doctrine?
so in the interest of national security.
• I t provides for civil servants being given a reasonable
• In practical terms, the pleasure of the President referred
opportunity for a hearing on the charges against them.
to here is that of the Union government, and the Governors
• There is also a provision to dispense with the inquiry if it
pleasure is that of the State government.
is not practicable to hold one, or if it is not expedient to do
so in the interest of national security. Article 164
• In practical terms, the pleasure of the President referred •T he Chief Minister is appointed by the Governor; and
to here is that of the Union government, and the Governors the other Ministers are appointed by the Governor on the
pleasure is that of the State government. CMs advice.
• I t adds that Ministers hold office during the pleasure
of the Governor.
Discretionary Powers with the Governors •S end report to the President for consideration of Consti-
Reservation of a Bill for the Presidents reconsideration tutional Emergency
hen given administrators charge, actions can be taken
•W • When s/he calls upon the Chief Minister to seek informa-
at will. tion regarding administrative and legislative affairs.
3. WOMEN EMPOWERMENT ISSUES –

JOBS,RESERVATION AND EDUCATION
3.1 Women have Right to Safe Abortion: SC
TheSupreme Courthas allowed all women in the country, Back2Basics: Medical Termination of Pregnancy (MTP)
regardless of marital status, can undergo an abortion up to 24 Act
weeks into pregnancy to accesssafe and legal abortion care. • Abortion in India has been a legal right under various
circumstances for the last 50 years since the introduction
What did the SC say?
of the Medical Termination of Pregnancy (MTP) Act
• A womans right to reproductive choice is an insepara-
in 1971.
ble part of her personal liberty under Article 21 of the
• The Act was amended in 2003 to enable womens access
Constitution.
to safe and legal abortion services.
• She has a sacrosanct right to bodily integrity, the court
• Abortion is covered 100% by the governments public
quoted from precedents.
national health insurance funds, Ayushman Bharat
• The court said forcing a woman to continue with her preg-
and Employees State Insurance with the package rate
nancy would not only be a violation of her bodily integrity
for surgical abortion.
but also aggravate her mental trauma.
The idea of terminating your pregnancy cannot orig-
Indispensable clause of safety
inate by choice and is purely circumstantial. There
•T
he court ordered a medical board to be formed by the
are four situations under which a legal abortion is
AIIMS to check whether it was safe to conduct an abortion
performed:
on the woman and submit a report in a week.
If continuation of the pregnancy poses any risks to the life
What was the last amendment? of the mother or mental health
•T
he court noted that an amendment to the Act in 2021 had • If the foetus has any severe abnormalities
substituted the term husband with partner, a clear signal • If pregnancy occurred as a result of failure of contraception
that the law covered unmarried women within its ambit. (but this is only applicable to married women)
• If pregnancy is a result of sexual assault or rape
Reiterating the live-in recognition
•C hastising the lower court, the Bench said live-in relation- These are the key changesthat theMedical Termination
ships had already been recognised by the Supreme Court. of Pregnancy (Amendment) Act, 2021,has brought in:
• There were a significant number of people in social main- The gestation limit for abortions has been raised from
stream who see no wrong in engaging in pre-marital sex. the earlier ceiling of 20 weeks to 24 weeks, but only for
• The law could not be used to quench notions of social special categories of pregnant women such as rape or incest
morality and unduly interfere in their personal autonomy survivors. But this termination would need the approval of
and bodily integrity. two registered doctors.
•A
ll pregnancies up to 20 weeks require one doctors •T
here is also no upper gestation limit for abortion in
approval. The earlier law, the MTP Act 1971, required one case of foetal disability if so decided by a medical board
doctors approval for pregnancies upto 12 weeks and two of specialist doctors, which state governments and union
doctors for pregnancies between 12 and 20 weeks. territories administrations would set up.
•W
omen can now terminate unwanted pregnancies
caused by contraceptive failure, regardless of their marital
status. Earlier the law specified that only a married woman
and her husband could do this.
4. POLICE REFORMS – SC DIRECTIVES, NPC, OTHER

COMMITTEES REPORTS
4.1 What is Habeas Corpus?
The Supreme Court has decided to examine a habeas corpus • Dr B R Ambedkar has called it the very soul and heart of
plea made by the children of a Pakistan national who they the Constitution. It cannot be suspended except during
believe has been unlawfully detained for seven years. the period of Emergency.
What is Habeas Corpus? Rights protected by Article 32

•H abeas corpus is a recourse in law through which a person he article is included in Part III of the Constitution with
•T
can report an unlawful detention or imprisonment to other fundamental rights including Equality, Freedom of
a court. Speech and Expression, Life and Personal Liberty, and
• He/she can request that the court order the custodian of Freedom of Religion.
the person, usually a prison official, to bring the prisoner •O
nly if any of these fundamental rights are violated
to court, to determine whether the detention is lawful. can a person can approach the Supreme Court directly
• In India the power to issue a writ of habeas corpus is under Article 32.
vested only in the Supreme Court and the High Court.
Types of Writs under it
• Habeas corpus is the writ which was visualized as an effec-
tive means to provide a quick remedy to a person who has
lost his personal liberty without any legal justification.
What is Article 32?

• Article 32 deals with the Right to Constitutional Rem-
edies, or affirms the right to move the Supreme Court by
appropriate proceedings for the enforcement of the rights
conferred in Part III of the Constitution.
• It is one of the fundamental rights listed in the Consti-
tution that each citizen is entitled to.
• It states that the Supreme Court shall have the power to
issue directions or orders or writs for the enforcement of
Both the High Courts and the Supreme Court can be ap-
any of the rights conferred by this Part.
proached for violation or enactment of fundamental rights
•T
he right guaranteed by this Article shall not be suspended
through five kinds of writs:
except as otherwise provided for by this Constitution.
Habeas corpus (related to personal liberty in cases of illegal Article 226 of the Constitution
detentions and wrongful arrests) • Article 226 of the Constitution empowers a high court to
• Mandamus directing public officials, governments, courts issue writs including habeas corpus, mandamus, certio-
to perform a statutory duty; rari, prohibition and quo warranto for the enforcement
•Q uo Warranto to show by what a warrant is a person of the fundamental rights of the citizens and for any
holding public office; other purpose.
•P rohibition directing judicial or quasi-judicial authorities • The phrase for any other purpose refers to the enforcement
to stop proceedings which it has no jurisdiction for; and of an ordinary legal right. This implies that the writ ju-
• Certiorari a re-examination of an order given by judicial, risdiction of the high court is wider than that of the SC.
quasi-judicial, or administrative authorities. • This is because the SC can issue writs only for the en-
• In civil or criminal matters, the first remedy available to forcement of fundamental rights and not for any other
an aggrieved person is that of trial courts, followed by an purpose, that is, it does not extend to a case where the
appeal in the High Court and then the Supreme Court. breach of an ordinary legal right is alleged.
• When it comes to the violation of fundamental rights, an • The high court can issue writs to any person, authority and
individual can approach the High Court under Article 226 government not only within its territorial jurisdiction
or the Supreme Court directly under Article 32. but also outside its territorial jurisdiction if the cause
of action arises within its territorial jurisdiction.
4.2 Preventive Detention
What does NCRB report say on Preventive Detention?

• Over 24,500 people placed under preventive detention were
either in custody or still detained as of 2021-end the highest
since 2017 when the NCRB started recording this data.
• Over 483 were detentions under the National Security Act,
of which almost half (241) were either in custody or still
detained as of 2021-end.
• In 2017, the NCRBs Crime in India report found that 67,084
persons had been detained as a preventive measure that year.
• Of these, 48,815 were released between one and six months
of their detention and 18,269 were either in custody or still
in preventive detention as of the end of the year.
Preventive detentions in 2021 saw a rise by over 23.7% com-
pared with the year before, with over 1.1 lakh people being Various provisions invoked for Preventive Detention
placed under preventive detention, according to statistics •A mong other laws under which the NCRB has recorded
released by the National Crime Records Bureau (NCRB). data on preventive detentions are the:
1. Goonda Act (State and Central) (29,306),
2. P revention of Illicit Traffic in Narcotic Drugs and Psy- •E very person who has been arrested would be produced
chotropic Substances Act, 1988 (1,331), and before the nearest magistrate within 24 hours.
3. A category classified as Other Detention Acts, under • The custody of the detained person cannot be beyond the
which most of the detentions were registered (79,514). said period by the authority of magistrate.
• Since 2017, the highest number of persons to be placed
Exceptions for Preventive Detention
under preventive detention has consistently been under
Article 22(3) says that the above safeguards are not available
the Other Detention Acts category.
to the following:
What is Preventive Detention? • If the person is at the time being an enemy alien
• Preventive detention means detaining a person so that to • If the person is arrested under certain law made for the
prevent that person from commenting on any possible crime. purpose of Preventive Detention
• In other words, preventive detention is an action taken by
Constitutional provision
the administration on the grounds of the suspicion that
• I t is extraordinary that the framers of the Indian Constitu-
some wrong actions may be done by the person concerned
tion, who suffered most because of the Preventive Detention
which will be prejudicial to the state.
Laws, did not hesitate to give Constitutional sanctity.
Preventive Detention in India • B.R. Ambedkar was of the opinion that the freedom of the
A police officer can arrest an individual without orders from a individual should not supersede the interests of the state.
Magistrate and without any warrant if he gets any information • He had also stated that the independence of the country
that such an individual can commit any offense. was in a state of inflancy and in order to save it, preventive
• Preventive Detention Law, 1950: According to this law detention was essential.
any person could be arrested and detained if his freedom
Safeguards Provided in Constitution
would endanger the security of the country, foreign relations,
•T o prevent reckless use of Preventive Detention, certain
public interests, or otherwise necessary for the country.
safeguards are provided in the constitution.
• Unlawful Activities Prevention Act (UAPA) 1968: With-
• A person may be taken to preventive custody only for 3
in the ambit of UAPA law the Indian State could declare
months at the first instance. If the period of detention is
any organization illegal and could imprison anyone for
extended beyond 3 months, the case must be referred to an
interrogation if the said organization or person critiqued/
Advisory Board consisting of persons with qualifications
questioned Indian sovereignty territorially.
for appointment as judges of High Courts. It is implicit that
What is the difference between Preventive Detention the period of detention may be extended beyond 3 months,
and an Arrest? only on approval by the Advisory Board.
•A n arrest is done when a person is charged with a crime. • The detainee is entitled to know the grounds of his deten-
• In the case of preventive detention, a person is detained tion. The state, however, may refuse to divulge the grounds
as he/she is simply restricted from doing something that of detention if it is in the public interest to do so. Needless
might deteriorate the law-and-order situation. to say, this power conferred on the state leaves scope for
• Article 22 of the Indian Constitution provides protection arbitrary action on the part of the authorities.
againstarrest and detention in certain cases. • Thirdly, the detaining authorities must give the detainee
earliest opportunities for making representation against
Rights of an Arrested Person in India
the detention.
A/c to Article 22(1) and 22(2) of the Indian constitution:
•A person cannot be arrested and detained without being
informed why he is being arrested.
• A person who is arrested cannot be denied to be defended
by a legal practitioner of his choice. This means that the
arrested person has right to hire a legal practitioner to
defend himself/ herself.
4.3 Rules for Identifying Criminals now notified
On September 19, the Ministry of Home Affairs (MHA) no- What is the use of identification details in criminal
tified the rules governing The Criminal Procedure (Iden- trials?
tification) Act, 2022. The Act was passed in March by the • Measurements and photographs for identification have
Parliament. three main purposes:
1. To establish the identity of the culprit against the person
Why in news?
being arrested
2. To identify suspected repetition of similar offences by
the same person and third
3. To establish a previous conviction
What was the previous Identification of Prisoners

Act, 1920 about?
• Even though the police has powers of arrest, mere arrest
does not give Police the right to search a person.
• The police requires legal sanction to search the person
and collect evidence.
•T hese legal sanctions are designed so as to maintain a
balance between the rights of an individual and the in-
terests of society in prosecution and prevention of offences.
• The Identification of Prisoners Act, 1920 became a neces-
sity when the recording of newer forms of evidence such
as fingerprints, footprints and measurements started
becoming more accurate and reliable.
•U ntil rules are notified, an Act cannot be implemented or
come into force. What are the main highlights and differences in both
• The legislation would enable police and central investigating the legislations?
agencies to collect, store and analyse physical and biological • Both provide legal sanction: Like the 1920 Law, the new
samples including retina and iris scan of arrested persons. Criminal Procedure (Identification) Act, 2022 provides
for legal sanction to law enforcement agencies for the
What is the Criminal Procedure (Identification) Act, collection of measurements.
2022? • Creating usable database of evidences: The purpose is
Ans. It is about critical measurements of Criminals. to create a useable database of these measurements.
• This act provides legal sanction to law enforcement agencies • Notifying designated state agencies: At the State level,
for taking measurements of convicts and other persons for each State is required to notify an appropriate agency to
the purposes of identification and investigation of criminal collect and preserve this database of measurements.
matters. • NCRB at centre stage: At the national level, the National
• The Minister of Home Affairs has observed that with ad- Crime Records Bureau (NCRB) is the designated agency
vancements in forensics, there was a need to recognise more to manage, process, share and disseminate the records
kinds of measurements that can be used by law enforcement
collected at the State level.
agencies for investigation.
5. JUDICIAL REFORMS
5.1 Back in news: Article 142 of the Constitution
The Supreme Court has crafted a victory for a disabled student •B

abri Masjid demolition case: The Supreme Court or-
by using its special powers under Article 142 to declare the dered framing of a scheme by the Centre for formation of
successful completion of her Master of Designs course from trust to construct Ram Mandir at the Masjid demolition
the Indian Institute of Technology (IIT). site in Ayodhya.
• Liquor sale ban case: The Supreme Court banned liquor
What is Article 142?
shops within a distance of 500 metres from National as
Article 142 titled Enforcement of decrees and orders of the
well as State highways in order to prevent drunken driving.
Supreme Court and orders as to discovery, etc. has two clauses:
•E x-PM Assassin case: In the case of Perarivalan, the
[1] Article 142(1) Supreme Court invoked Article 142(1) under which it was
• The Supreme Court in the exercise of its jurisdiction may empowered to pass any order necessary to do complete
pass such decree or make such order as is necessary for justice in any matter pending before it.
doing complete justice in any cause or matter pending
before it.
• Any decree so passed or order so made shall be enforceable Q.With reference to the Constitution of India, pro-
throughout the territory of India. hibitions or limitations or provisions contained in
ordinary laws cannot act as prohibitions or limita-
• It may be in such manner as may be prescribed by or under tions on the constitutional powers under Article 142.
any law made by Parliament and, until provision in that It could mean which one of the following?
behalf is so made, in such manner as the President may (a) The decisions taken by the Election Commission of
India while discharging its duties cannot be chal-
by order prescribe. lenged in any court of law.
(b) The Supreme Court of India is not constrained in
[2] Article 142(2) the exercise of its powers by laws made by the Parlia-
•T
he Supreme Court shall have all and every power to make ment.
(c) In the event of grave financial crisis in the country,
any order for the purpose of securing the attendance of any
the President of India can declare Financial Emergen-
person, the discovery or production of any documents, or cy without the counsel from the Cabinet.
the investigation or punishment of any contempt of itself. (d) State Legislatures cannot make laws on certain
matters without the concurrence of Union Legislature.
Important instances when Article 142 was invoked
• Bhopal Gas tragedy case: The SC awarded a compensation
of $470 million to the victims and held that prohibitions
or limitations or provisions contained in ordinary laws
cannot, ipso facto, act as prohibitions or limitations on the
constitutional powers under Article 142.
5.2 In news: Pardoning Power of the President
The Supreme Court has held that the Centre was bound to What did the SC say?
advise the President to remit the life sentence of gangster • On the appellant completing 25 years of his sentence, the
Abu Salem in the 1993 Mumbai blasts case on his completion Central government is bound to advise the President for the
of 25 years of his jail term. exercise of his powers under Article 72 of the Constitution.
•T
he Centre could itself consider remission on the comple- •R
emission: means changing the quantum of the punishment
tion of 25 years sentence in terms of Sections 432 and 433 without changing its nature, for example reducing twenty
of the Code of Criminal Procedure. year rigorous imprisonment to ten years.
What is Pardon?
•A
pardon is a government/executive decision to allow a
person to be absolved of guilt for an alleged crime or other
legal offense as if the act never occurred.
Why need Pardon?

•P ardons can be granted when individuals are deemed to
have demonstrated that they have paid their debt to society,
Cases as specified by art. 72
or are otherwise considered to be deserving of them.
In all cases where the punishment or sentence:
• Pardons are sometimes offered to persons who were either
• is by a court-martial
wrongfully convicted or who claim that they were wrong-
• is for an offence against any law relating to a matter to
fully convicted.
which the executive power of the Union extends
• Pardons are sometimes seen as a mechanism for combating
• is a sentence of death
corruption, allowing a particular authority to circumvent
a flawed judicial process to free someone that is seen as Nature of the Pardoning Power
wrongly convicted. • The pardoning power of the president is not absolute. It
is governed by the advice of the Council of Ministers.
What is the Article 72?
• This has not been discussed by the constitution but is the
• Article 72 says that the president shall have the power to
practical truth.
grant pardons, reprieves, respites or remissions of pun-
•F urther, the constitution does not provide for any mech-
ishment or to suspend, remit or commute the sentence of
anism to question the legality of decisions of presidents
any person convicted of any offense.
or governors exercising mercy jurisdiction.
• There are five different types of pardoning:
• But the SC in Epuru Sudhakar Case has given a small win-
• Pardon : means completely absolving the person of the
dow for judicial review of the pardon powers of President
crime and letting him go free. The pardoned criminal will
and governors for the purpose of ruling out any arbitrariness.
be like a normal citizen.
• The court has earlier held that court has retained the power
• Commutation: means changing the type of punishment
of judicial review even on a matter which has been vested
given to the guilty into a less harsh one, for example, a death
by the Constitution solely in the Executive.
penalty commuted to a life sentence.
• R eprieve: means a delay allowed in the execution of a sen- Try this PYQ:
tence, usually a death sentence, for a guilty person to allow
him some time to apply for Presidential Pardon or some Who/Which of the following is the custodian of the
Constitution of India?
other legal remedy to prove his innocence or successful
(a) The President of India
rehabilitation. (b) The Prime Minister of India
•R
espite: means reducing the quantum or degree of the (c) The Lok Sabha Secretariat
punishment to a criminal in view of some special circum- (d) The Supreme Court of India
stances, like pregnancy, mental condition etc.
6. LANGUAGES AND EIGHTH SCHEDULE
6.1 Hindi not a competitor of regional languages: Home Minister
Union Home Minister has appealed to guardians to speak •T

he Committee is constituted & chaired by the union home
to children in their mother tongue to enable them to learn minister, and has, in accordance with the provisions of the
Hindi without much effort, on the Hindi Divas. 1963 Act, 30 members (20 MPs from Lok Sabha and 10 MPs
from Rajya Sabha).
Debate over Hindi
nlike the other Parliamentary panels submit its re-
•U
• Between September 12 and 14, 1949, that the Constituent
port to Parliament, this panel submits its report to
Assembly debated the status of India’s languages.
the President, who shall [then] cause the report to be laid
•A mong the issues that were discussed were the use of
before each House of Parliament, and sent to all the State
the termnational languagehttps://www.civilsdaily.com/
Governments.
burning-issue-national-language-debate/ instead of of-
ficial language. What are the Governments Effort to Promote Hindi
• Hindi author Seth Govind Das, who represented the Cen- and Other Regional Language?
tral Provinces and Berar, argued for one language and one • Three-Language Formula (Kothari Commision 1968)
script and suggested that Hindi should replace English at • First language : It will be the mother tongue or regional
the earliest. language.
•S econd language: In Hindi speaking states, it will be
What is the status of Hindi?
other modern Indian languages or English. In non-Hindi
•F inally, the Constituent Assembly adopted what was known
speaking states, it will be Hindi or English.
as Munshi-Ayyangar Formula.
• Third Language : In Hindi speaking states, it will be English
• According to this, Hindi in the Devnagari script would be
or a modern Indian language. In the non-Hindi speaking
the official language of the Union.
state, it will be English or a modern Indian language.
Official, not national • The new National Education Policy (NEP) in 2020 too
•E nglish would continue to be used for all official purposes had attempts to promote Hindi, Sanskrit and regional lan-
for the next 15 years, to enable a smooth transition for guages. The NEP says that mother tongue or the regional
non-Hindi speaking states. language would be the preferred mode of instruction
• The deadline was 26 January 1965. until Class 5, and possibly Class 8.
• Under Article 343 of the Constitution, the official language • NEP 2020 it was decided to push for the three-language
of the Union shall be Hindi in Devanagari script. formula, to promote multilingualism and national unity.
• The international form of Indian numerals will be used
What is Position of Hindi in India with respect to other
for official purposes.
Regional Languages?
What is Committee of Parliament on Official Language? •A s per, 2011 Linguistic census: there are 121 mother
• The Committee of Parliament on Official Language was set tongues in India.
up in 1976 under Section 4 of The Official Languages • 52.8 crores individuals or 43.6% population declared Hindi
Act, 1963. as its mother tongue and 11% of the population reported
• With the active promotion of Hindi being mandated by Hindi as their second language.
Article 351 of the Constitution, the Official Language Com- • So, 55% of the population knows Hindi as either as mother
mittee was set up to review and promote the use of Hindi tongue or as their second language.
in official communications. • Bengali 9.72 crore individual and 8% population, as 2nd
•T he first Report of the Committee was submitted in 1987. most spoken language in India.
•T
he share of the languages like Bengali, Malayalam and • Between 1971 to 2011 the speakers of Hindi multiplied by
Urdu has declined but Hindi and Punjabi speakers have the 2.6 times from 20.2 Crore to 52.8 crores.
increased.
7. CITIZENSHIP AND RELATED ISSUES
7.1 Government seeks law on Rights of Foreigners

PYQs
The Union government has urged the Supreme Court to help
1. Which one of the following categories of Fun-
lay down a law with a longlasting implication for the country damental Rights incorporates protection against
on the subject of Foreigners Right to approach local courts untouchability as a form of discrimination? (2020)
(a) Right against Exploitation
for relief after violating their visa conditions.
(b) Right to Freedom
• The governments request came during the hearing of pe- (c) Right to Constitutional Remedies
titions filed by foreign nationals who were charged with (d) Right to Equality

violating COVID-19 guidelines by participating in a religious 2. What is the position of the Right to Property in
congregation in New Delhi during peak COVID outbreak. India?
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither Fundamental Right nor legal right
Citizens vs. Foreigners Rights
What are the Fundamental Rights Available to Foreigners?

Fundamental rights available only to citizens and not Fundamental rights available to both citizens & foreigners (except
to foreigners enemy aliens)
Article 15: Prohibition of discrimination on grounds of Article 14: Equality before law and equal protection of laws.
religion, race, caste, sex or place of birth.
Article 16: Equality of opportunity in matters of public Article 20: Protection in respect of conviction for offences.
employment.
Article 19: Protection of six rights regarding freedom of Article 21: Protection of life and personal liberty.
(speech and expression, (ii) assembly (iii) association,
(iv) movement (v) residence and profession.
Article 29: Protection of language, script and culture of Article 21A: Right to elementary education.
minorities.
Article 30: Right of minorities to establish and administer Article 22: Protection against arrest and detention in certain cases.
educational institutions.
Article 23: Prohibition of traffic and human beings and forced labour.
Article 24: Prohibition of employment of children in factories etc.
Article 25: Freedom of conscience and free profession, practice and
propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom from payment of taxes for promotion of any
religion.
Article 28: Freedom from attending religious instruction or worship
in certain educational institutions.
7.2 Postal ballot for NRIs being contemplated
Why in news now? •T he Constitution of India does not permit full dual
• CECs interactions with NRIs came after Union Law Min- citizenship.
ister informed the Lok Sabha in March that the government • The OCI card is effectively a long-term visa, with restric-
was exploring the possibility of allowing online voting tions on voting rights and government jobs.
for NRIs.
Current Status of Voting for Overseas Citizens
• The ECI had written to the Law Ministry in 2020 propos-
•A fter the passing of the Representation of the People
ing that NRIs be allowed to vote through postal ballots,
(Amendment) Act, 2010 : NRIs who had stayed abroad
following which the matter has been under consideration
beyond six months have been able to vote, but only in
by the government.
person at the polling station where they have been
• The ECI at present allows NRIs to register as overseas
enrolled as an overseas elector.
electors as long as they have not acquired the citizenship
• However, only a very low proportion of overseas resi-
of another country.
dents actually registered or turned up to vote.
• They have to reach their respective polling booths to cast
• The provision of having to visit the polling booth in
their votes in person on voting day.
person has discouraged eligible voters from exercising
Classification of Overseas Indians their mandate.
Overseas Indians, officially known as Non-resident Indians • The Conduct of Election Rules, 1961 was amended in
(NRIs) or Persons of Indian Origin (PIOs), are people of Indian 2016 : to allow service voters to use the Electronically
birth, descent or origin who live outside the Republic of India: Transmitted Postal Ballot System (ETPBS).
• Under this system, postal ballots are sent electronically
(A) Non-Resident Indian (NRI)
to registered service voters.
• Strictly asserting non-resident refers only to the tax status
• The service voter can then register their mandate on the
of a person who, as per section 6 of the Income-tax Act
ballot and send it back via ordinary mail.
of 1961, has not resided in India for a specified period
• The ECI proposed to extend this facility to overseas
for the purposes of the Act.
voters as well
• The rates of income tax are different for persons who are
• In the case of overseas voters : their address mentioned
resident in India and for NRIs.
in the passport is taken as the place of ordinary residence
(B) Person of Indian Origin (PIO) and chosen as the constituency for the overseas voter to
Person of Indian Origin (PIO) means aforeign citizen (except enrol in.
a national of Pakistan, Afghanistan, Bangladesh, China, Iran,
What is ETPBS and how does it function?
Bhutan, Sri Lanka and/or Nepal), who:
•T he Conduct of Election Rules, 1961 was amended in
• a t any time held an Indian passport OR
2016 to allow service voters to use the ETPBS.
• e ither of their parents/grandparents/great-grandparents
• Under this system : postal ballots are sent electronically
were born and permanently resident in India as defined
to registered service voters.
in GoI Act, 1935 and other territories that became part of
• The service voter can then download the ETPB (along
India thereafter provided neither was at any time a citizen
with a declaration form and covers), register their man-
of any of the aforesaid countries OR
date on the ballot and send it to the returning officer of the
• is a spouse of a citizen of India or a PIO.
constituency via ordinary mail.
(C) Overseas Citizenship of India (OCI) • The post will include an attested declaration form (after
•A
fter multiple efforts by leaders across the Indian political being signed by the voter in the presence of an appointed
spectrum, a pseudo-citizenship scheme was established, senior officer who will attest it).
the Overseas Citizenship of India, commonly referred to
as the OCI card.
• The ECI proposed to extend this facility to overseas •E xcept in this case : the senior officer would be appointed
voters as well. For this to commence, the Law Ministry by the Indian diplomatic or consular representative in the
has to amend the Conduct of Election Rules, 1961. resident country of the NRI.
• I n the case of NRI voters those seeking to vote through • The ECI has not specified whether the voter should
ETPBS will have to inform the returning officer at least send in the ballot through ordinary post to the returning
five days after notification of the election. officer or drop it off at the Indian consular office/embassy,
• The returning officer will then send the ballot electron- which will then send the envelopes constituency-wise to
ically via the ETPBS. the returning officers.
• The NRI voter can then register her/his mandate on the
ballot printout and send it back with an attested declara-
tion in a process similar to the service voter.
7.3 Renouncement of Indian Citizenship
Over 1.6 lakh Indians renounced their citizenship in 2021, nyone who had been an ordinary resident for more
•A
highest in the past five years, according to information pro- than five years, too, was entitled to apply for citizenship.
vided by the Ministry of Home Affairs (MHA).
Article 6
Destination US •S ince Independence was preceded by Partition and mi-
•O ver 78,000 Indians acquired the US citizenship, the highest gration, Article 6 laid down that anyone who migrated to
among all other countries. India before July 19, 1949, would automatically become
• India does not allow dual citizenship (Pakistan does allow). an Indian citizen if either of his parents or grandparents
• As many as 362 Indians living in China also acquired Chi- was born in India.
nese citizenship. • But those who entered India after this date needed to
register themselves.
Citizenship in India
•C itizenship is in the Union List under the Constitution Article 7
and thus under the exclusive jurisdiction of Parliament. •E ven those who had migrated to Pakistan after March 1,
• The Constitution does not define the term citizen but 1947 but subsequently returned on resettlement permits
gives, in Articles 5 to 11, details of various categories of were included within the citizenship net.
persons who are entitled to citizenship. • The law was more sympathetic to those who migrated from
• Unlike other provisions of the Constitution, which came Pakistan and called them refugees than to those who, in a
into being on January 26, 1950, these articles were enforced state of confusion, were stranded in Pakistan or went
on November 26, 1949 itself, when the Constitution was there but decided to return soon.
adopted.
Article 8
Various provisions for Indian Citizenship ny Person of Indian Origin residing outside India who,
•A
or either of whose parents or grandparents, was born in
Article 5
India could register himself or herself as an Indian citizen
• It provided for citizenship on the commencement of the
with Indian Diplomatic Mission.
Constitution.
• All those domiciled and born in India were given citi- Various Amendments for Citizenships
zenship. • According to Article 11, Parliament can go against the
• Even those who were domiciled but not born in India, citizenship provisions of the Constitution.
but either of whose parents was born in India, were • The Citizenship Act, 1955 was passed and has been amended
considered citizens. four times in 1986, 2003, 2005, and 2015.
•T he Act empowers the government to determine the citi- Losing of Indian Citizenship
zenship of persons in whose case it is in doubt. • The Citizenship Act, 1955 also lays down the three modes
• However, over the decades, Parliament has narrowed down by which an Indian citizen may lose his/her citizenship.
the wider and universal principles of citizenship based on • It may happen in any of the three ways: renunciation, ter-
the fact of birth. mination and deprivation.
• Moreover, the Foreigners Act places a heavy burden on the
(1) Renunciation
individual to prove that he is not a foreigner.
• An Indian Citizen of full age and capacity can renounce his
(1) 1986 amendment Indian citizenship by making a declaration to that effect
• The constitutional provision and the original Citizenship and having it registered.
Act gave citizenship on the principle of jus soli to everyone • But if such a declaration is made during any war in which
born in India. India is engaged, the registration shall be withheld until
• However, the 1986 amendment to Section 3 was less inclu- the Central Government otherwise directs.
sive as it added the condition that those who were born in • When a male person renounces his citizenship, every minor
India on or after January 26, 1950 but before July 1, 1987, child of him ceases to be an Indian citizen.
shall be an Indian citizen. • Such a child may, however, resume Indian citizenship if
• Those born after July 1, 1987 and before December 4, 2003, he makes a declaration to that effect within a year of his
in addition to ones own birth in India, can get citizenship attaining full age, i.e. 18 years.
only if either of his parents was an Indian citizen at the (2) Termination
time of birth. • If a citizen of India voluntarily acquires the citizenship
of another country, he shall cease to be a citizen of India.
(2) 2003 amendment
• During the war period, this provision does not apply to a
•T he then government made the above condition more
citizen of India, who acquires the citizenship of another
stringent, keeping in view infiltration from Bangladesh.
country in which India may be engaged voluntarily.
• Now the law requires that for those born on or after De-
cember 4, 2004, in addition to the fact of their own birth, (3) Deprivation
both parents should be Indian citizens or one parent must • Deprivation is a compulsory termination of citizenship
be Indian citizen and other should not be an illegal migrant. of India.
• With these restrictive amendments, India has almost • A citizen of India by naturalization, registration, domicile
moved towards the narrow principle of jus sanguinis or and residence, may be deprived of his citizenship by an
blood relationship. order of the Central Government if it is satisfied that the
• This lay down that an illegal migrant cannot claim citizen- Citizen has:Obtained the citizenship by means of fraud,
ship by naturalization or registration even if he has been a false representation or concealment of any material fact
resident of India for seven years. • Shown disloyalty to the Constitution of India
• Unlawfully traded or communicated with the enemy during
(3) Citizenship (Amendment) Act, 2019
a war
•T he amendment proposes to permit members of six
• Within five years after registration or neutralization, been
communities Hindus, Sikhs, Buddhists, Jains, Parsis and
imprisoned in any country for two years
Christians from Pakistan, Bangladesh and Afghanistan
• Ordinarily resident out of India for seven years continuously
to continue to live in India if they entered India before
Try this PYQ:
December 14, 2014.
Q.With reference to India, consider the following
• It also reduces the requirement for citizenship from 11 statements:
years out of the preceding 14 years, to just 6 years. 1. There is only one citizenship and one domicile.
2. A citizen by birth only can become the Head of
•T wo notifications also exempted these migrants from
State.
the Passport Act and Foreigner Ac t. 3. A foreigner once granted the citizenship cannot
• A large number of organisations in Assam protested against be deprived of it under any circumstances.
Which of the statements given above is/are correct?
this Bill as it may grant citizenship to Bangladeshi Hindu
(a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only
illegal migrants.
8. DELHI FULL STATEHOOD ISSUE
8.1 What is the Delhi Dual Governance Conundrum?
Why in news? • I t is this issue that the constitution bench of the Supreme
• In the absence of statehood for Delhi, there has been a pro- Court resolved in 2018, when it saidthat the government
longed confrontation on the relative powers of the territorial does not have to seek the concurrence of the L-G on its
administration and the Union government. decisions.
• Any differences between them should be resolved to keep
Dilemmas of Dual Governance
in view the constitutional primacy of representative gov-
• Article 239AA of the Constitution of India granted Special
ernment and co-operative federalism.
Status to Delhi among Union Territories (UTs) in the year
It is after this judgement, the Centre brought up this Bill.
1991 through the 69th constitutional amendment.
• I t provided a Legislative Assembly and a Council of [c] NCT of Delhi (Amendment) Bill, 2021
Ministers responsible to such Assembly with appropriate •A mong the major proposed amendments, one makes it
powers. explicitly clear that the term government in any law made
• Thats when Delhi was named as the National Capital by the Legislative Assembly shall mean the L-G.
Region (NCT) of Delhi. • This, essentially, gives effect to the former L-G 2015 asser-
• As per this article Public Order, Police & Land in NCT of tion that Government means the Lieutenant Governor
Delhi fall within the domain and control of Central Gov- of the NCT of Delhi appointed by the President under
ernment which shall have the power to make laws on these Article 239 and designated as such under Article 239 AA
matters. of the Constitution.
• For remaining matters of State List or Concurrent List, in • The Bill adds that the L-Gs opinion shall be obtained be-
so far as any such matter is applicable to UTs, the Legis- fore the government takes any executive action based on
lative Assembly shall have the power to make laws for decisions taken by the Cabinet or any individual minister.
NCT of Delhi
[d] Delhi Municipal Corporation (Amendment) Bill,
[a] Centre-State Dispute 2022
•D elhi was given a fully elected legislative assembly and • The Bill seeks to amend The Delhi Municipal Corporation
a responsible government through an amendment in the Act, 1957, to effectively undo the earlier 2011 amendment
constitution in 1991. to the Act.
• Since 1991, Delhi had been made a UT with an assembly • Under the 2011 Act, the erstwhile Municipal Corporation
with limited legislative powers. of Delhi (MCD) was trifurcated into separate North, South,
and East Delhi Municipal Corporations.
[b] Lt. Governor vs the CM
• The Bill replaces the three municipal corporations under
•T he Article 239AA while conferring on the assembly the
the Act with one Corporation named the Municipal
power to legislate on all matters in the state list as well as
Corporation of Delhi.
the concurrent list except land, police and public order
• Powers of the Delhi government : The Act as amended
contained one sore point.
in 2011 empowers the Delhi government to decide various
• It said that in case of a difference between the L-G and the
matters under the Act.
council of ministers, the matter shall be referred to the
• These include:
president by the LG for his decision and pending such
• Total number of seats of councillors and number of seats
decision the LG can take any action on the matter as
reserved for members of the Scheduled Castes,
he thinks fit.
• Division of the area of corporations into zones and wards,
• Delimitation of wards,
•M atters such as salary and allowances, and leave of absence •T he Bill instead empowers the central government to
of the Commissioner, decide these matters.
• Sanctioning of consolidation of loans by a corporation, and • The Bill provides that the central government may appoint
• Sanctioning suits for compensation against the Commis- a Special Officer to exercise powers of the Corporation
sioner for loss or waste or misapplication of Municipal until the first meeting of the Corporation is held after the
Fund or property commencement of the Bill.
• Similarly, the Act mandates that the Commissioner will
exercise his powers regarding building regulations under
the general superintendence and directions of Delhi gov-
ernment.
9. MOTHER AND CHILD HEALTH – IMMUNIZATION

PROGRAM, BPBB, PMJSY, PMMSY, ETC.
9.1 All women have Right to Legal and Safe Abortion: Supreme Court
Recently, theSupreme Courthas allowed all women in the •P rohibiting single or unmarried pregnant women with
country, regardless of marital status, can undergo an abor- pregnancies between 20 and 24 weeks from accessing abor-
tion up to 24 weeks into pregnancy to accesssafe and legal tion while allowing married women with the same term of
abortion care. pregnancy to access the care was violative of the right to
equality before law and equal protection (Article 14).
What is the SCs Ruling?
• A single woman may have suffered the same change in
•R uled over an Old Law:
material circumstances as a married pregnant woman.
• It has ruled over a 51-year-old abortion law (The Medical
She may have been abandoned or without a job or been a
Termination of Pregnancy Act of 1971) which bars unmar-
victim of violence during her pregnancy.
ried women from terminating pregnancies which are
• Not Constitutionally Sustainable:
up to 24-weeks old.
• Artificial distinction between married and unmarried
• The Medical Termination of Pregnancy Act of 1971 and its
women is not constitutionally sustainable.
Rules of 2003 prohibit unmarried women who are between
• The benefits of law extend equally to single and married
20 weeks to 24 weeks pregnant to abort with the help of
women.
registered medical practitioners.
• Extended the Ambit of Reproductive RIghts:
• The latest amendment to the MTP Act was made in 2021.
• The term Reproductive Right is not restricted to having
• R
ight to Choose under Article 21 :
or not having children.
• Court held that the rights of reproductive autonomy,
• Reproductive rights of women included a constellation of
dignity and privacy underArticle 21of the Constitution
rights, entitlements and freedoms for women.
gives an unmarried woman the right of choice as to
• Reproductive rights include the right to access education
whether or not to bear a child on a similar footing as that
and information about contraception and sexual health,
of a married woman.
right to choose safe and legal abortion and right to repro-
• Right to Equality under Article 14:
ductive health care.
• Views on Marital Rape:
•F
or the sole purpose of the MTP Act, the meaning of rape • For pregnancies between 12 to 20 weeks old, the opinion
must include marital rape to marshal a womans right to of two doctors was required to determine if the continu-
reproductive and decisional autonomy. ance of the pregnancy would involve a risk to the life of the
pregnant woman or of grave injury to her physical or mental
What is India’s Abortion Law?
health or if there is a substantial risk that if the child were
• Historical Perspective:
born, it would suffer from such physical or mental abnor-
•U ntil the 1960s, abortion was illegal in India and a woman
malities as to be seriously handicapped before agreeing
could face three years of imprisonment and/or a fine
to terminate the womans pregnancy.
under Section 312 of the Indian Penal Code (IPC).
• Recent Amendments: In 2021, Parliament amended the
• It was in the mid-1960s that the government set up the
law to allow for abortions based on the advice of one doctor
Shantilal Shah Committee and asked the group, headed
for pregnancies up to 20 weeks.
by Dr Shantilal Shah, to look into the matter of abortions
• The modified law needs the opinion of two doctors for
and decide if India needed a law for the same.
pregnancies between 20 and 24 weeks.
• Based on the report of the Shantilal Shah Committee, a
• Further, for pregnancies between 20 and 24 weeks, rules
medical termination bill was introduced in Lok Sabha and
specified seven categories of women who would be el-
Rajya Sabha and was passed by Parliament in August 1971.
igible for seeking termination under section 3B of rules
• The Medical Termination of Pregnancy (MTP) Act,
prescribed under the MTP Act,
1971 came into force on 1stof April 1972 and applied to all
• Survivors of sexual assault or rape or incest,
of India except the state of Jammu and Kashmir.
• Minors,
• Also, Section 312 of the Indian Penal Code, 1860, crim-
•C hange of marital status during the ongoing pregnancy
inalises voluntarily causing miscarriage even when the
(widowhood and divorce),
miscarriage is with the pregnant womans consent, except
• Women with physical disabilities (major disability as
when the miscarriage is caused to save the womans life.
per criteria laid down under the Rights of Persons with
• This means that the woman herself, or anyone else including
Disabilities Act, 2016)
a medical practitioner, could be prosecuted for an abortion.
• Mentally ill women including mental retardation,
Medical Termination of Pregnancy (MTP) Act, 1971 : • The foetal malformation that has a substantial risk of being
• Medical Termination of Pregnancy (MTP) Act, 1971 act incompatible with life or if the child is born it may suffer
allowed pregnancy termination by a medical practitioner from such physical or mental abnormalities to be seriously
in two stages: handicapped, and
• A single doctor’s opinion was necessary for abortions up • Women with pregnancy in humanitarian settings or disas-
to 12 weeks after conception. ters or emergencies may be declared by the Government.
10. F
REEDOM OF SPEECH – DEFAMATION, SEDITION,
ETC.
10.1 SC Ruling on Sedition Law
The Supreme Court suspended pending criminal trials and What did the SC say?
court proceedings under Section 124A (sedition) of the Indian • All pending trials, appeals and proceedings with respect to
Penal Code, while allowing the Union of India to reconsider the charge framed under Section 124A of the IPC be kept
the British-era law. in temporary suspension.
•T he court also restrained centre and states from registering •T

oday the Sedition is a crime under Section 124A of the
FIRs, continuing investigations or take coercive measures Indian Penal Code (IPC).
under Section 124A.
Sedition Law Today:
• In the year 2021, the CJI (Chief Justice of India) had
• Section 124A IPC:
questioned why a colonial law used againstMahatma
• It defines sedition as an offence committed when “any
GandhiandBal Gangadhar Tilakcontinued to survive
person by words, either spoken or written, or by signs, or
in the law book after 75 years of Independence.
by visible representation, or otherwise, brings or attempts
• The Chief Justice had said sedition or Section 124A of
to bring into hatred or contempt, or excites or attempts to
the Indian Penal Code was prone to misuse by the gov-
excite disaffection towards the government established
ernment.
What is Sedition Law? by law in India”.

•H istorical Background: •D isaffection includes disloyalty and all feelings of enmity.
•S edition laws were enacted in 17thcentury England However, comments without exciting or attempting to
when lawmakers believed that only good opinions of excite hatred, contempt or disaffection, will not constitute
the government should survive, as bad opinions were an offence under this section.
detrimental to the government and monarchy. • Punishment for the Offence of Sedition:
• The law was originally drafted in 1837 by Thomas Ma- • It is a non-bailable offence. Punishment under Section
caulay, the British historian-politician, but was inexplicably 124A ranges from imprisonment up to three years to a life
omitted when the Indian Penal Code (IPC) was enacted term, to which a fine may be added.
in 1860. •A person charged under this law is barred from a gov-
• Section 124A was inserted in 1870 by an amendment ernment job.
introduced by Sir James Stephen when it felt the need for • They have to live without their passport and must produce
a specific section to deal with the offence.
themselves in the court at all times as and when required.
10.2 India slips to 150 in Press Freedom Index
Highlights of the 2022 report
(a) Best performing countries

• Norway 1st
• Denmark 2nd
• Sweden 3rd
• Estonia 4th
• Finland 5th
(b) Worst performers

•N orth Korea remained at the bottom of the list, while Russia
was placed at 155th position, slipping from 150th last year.
• As per the global media watchdog, China climbed up by
two positions ranking at 175th position, as compared to
177th position last year.
(c) Performance in our neighbourhood
India has reached 150th position in the World Press Freedom •B esides India, its neighbours except Nepal have also slid
Index, dropping further from its last year’s 142nd rank out down.
of 180 countries. • While Pakistan is at 157th position, Sri Lanka ranks at
146th, Bangladesh at 162nd and Maynmar at 176th position.
What is Press Freedom Index?
•T he PFI is an annual ranking of countries compiled and Freedom of Press and Constitutional Provisions
published by Reporters Without Borders since 2002. •T he Supreme Court in Romesh Thappar v. the State of
• It is based upon the organisation’s own assessment of the Madras, 1950 observed that freedom of the press lay at the
countries’ press freedom records in the previous year. foundation of all democratic organisations.
• It intends to reflect the degree of freedom that journalists, • It is guaranteed under the freedom of speech and expression
news organisations, and netizens have in each country, and under Article 19, which deals with Protection of certain
the efforts made by authorities to respect this freedom. rights regarding freedom of speech, etc.
• It does not measure the quality of journalism in the coun- • Freedom of the press is not expressly protected by the
tries it assesses, nor does it look at human rights violations Indian legal system but it is impliedly protected under
in general. article 19(1) (a) of the constitution.
• The freedom of the press is also not absolute.
Reasonable restrictions • riendly relations with foreign States

F
• A law could impose only those restrictions on the exercise • Public order, decency or morality
of this right, it faces certain restrictions under article 19(2), • Contempt of court
which is as follows: • Defamation
• Sovereignty and integrity of India • Incitement to an offence
• Security of the State,
11. U
NIFORM CIVIL CODE: TRIPLE TALAQ DEBATE,
POLYGAMY ISSUE, ETC.
11.1 Uniform Civil Code
The Ministry of Law and Justice has told theSupreme Court- What is a Uniform Civil Code?
that the court cannot direct Parliament to frame any law and • UCC is envisaged to provide for one law for the entire
it sought dismissal of PILs (Public Interest Litigation) country, applicable to all religious communities in their
seeking a Uniform Civil Code (UCC)in the country. personal matters such as marriage, divorce, inheritance,
adoption etc.
•A rticle 44 of the Constitution lays down that the state shall
endeavour to secure a UCC for the citizens throughout
the territory of India.
• Article 44 is one of the Directive Principles of State
Policy (DPSP).
• The purpose behind Article 44 is to strengthen the object
of ”secular democratic republic” as enshrined in the
Preamble of the Constitution.
Background:
• The origin of the UCC dates back to colonial India when
the British government submitted its report in 1835
stressing the need for uniformity in the codification of
Indian law relating to crimes, evidence, and contracts,
specifically recommending that personal laws of Hindus
and Muslims be kept outside such codification.
• Increase in legislation dealing with personal issues in the
far end of British rule forced the government to form the B
N Rau Committee to codify Hindu law in 1941.
• Based on these recommendations, a bill was then adopted
in 1956 as the Hindu Succession Act to amend and codify
the law relating to intestate or unwilled succession, among
Hindus, Buddhists, Jains, and Sikhs.
• However, there were separate personal laws for Muslims,
Christians and Parsis.
• I n order to bring uniformity, the courts have often said Status of Uniform Codes in India:
in their judgements that the government should move • Indian laws do follow a uniform code in most civil matters
towards a UCC. such as Indian Contract Act 1872, Civil Procedure Code,
• The judgement in the Shah Bano case(1985) is well known. Transfer of Property Act 1882, Partnership Act 1932, Evi-
• Another case was the Sarla Mudgal Case (1995), which dence Act, 1872etc.
dealt with the issue of bigamy and conflict between the • States, however, have made hundreds of amendments and,
personal laws existing on matters of marriage. therefore, in certain matters, there is diversity even under
• By arguing that practices such as triple talaqand polygamy these secular civil laws.
impact adversely the right of a woman to a life of dignity, • Recently, several states refused to be governed by the uni-
the Centre has raised the question whether constitutional form Motor Vehicles Act, 2019.
protection given to religious practices should extend even • As of now, Goa is the only state in India with a UCC.
to those that are not in compliance with fundamental rights.
12. PRESIDENT’S RULE
12.1 Confrontation between the Governors and the State governments
Recent media reports about the confrontation between the he Governor enjoys certain powers such as giving or
•T
Governors and the State governments, in Maharashtra and withholding assent to a Bill passed by the state legis-
Kerala, have turned the spotlight on the rather delicate re- lature or determining the time needed for a party to prove
lationship between the constitutional head of the State and its majority.
the elected government.
A governor must:
Governor in the parliamentary system Be a citizen of India.
• The position, role, powers, and conditions of office of the • Be at least 35 years of age.
Governor are described in Articles 153-161 of the Con- • Not be a member of the either house of the parliament or
stitution. house of the state legislature.
• The position of Governor is similar to that of the President • Not hold any office of profit.
at the Union.
Conditions of the governors office
• He is at the head of the states executive powe r, and
• He should not be member of either house of Parliament
barring some matters, acts on the advice of the council
or a house of the state legislature. If any such person is
of ministers, which is responsible, in accordance with the
elected as governor, he is deemed to have vacated his seat
parliamentary system, to the state legislature.
in that house on the date which he enters upon his office
• The governor acts in ’Dual Capacity’ as the Constitutional
• He should not hold an office of profit
head of the state and as the representative.
• He is entitled, without payment of rent, to the use of his
Apolitical nature of his appointment official residence
•T he Governor is appointed by the President (on the advice • He is entitled to such emoluments, allowances and priv-
of the central government) and, therefore, acts as the vital ileges as may be determined by Parliament
link between the Union and the state governments. • His emoluments and allowances cannot be diminished
• The post was envisaged as being apolitical; however, the role during his term of office
of Governors has been a contentious issue in Centre-state • If he is appointed as the governor of two or more states,
relations for decades. his salary and allowances payable to him are shared by the
states in such proportion as determined by the president
Immunity So what does the pleasure of the Governor mean?

• He enjoys personal immunity from legal liability for •T he Governor can have his pleasure as long as the gov-
his official acts ernment enjoys majority in the House.
• During his term of office, he is immune from any crimi- •T he Governor can withdraw his pleasure only when the
nal proceedings, even in respect of his personal acts. He government loses majority but refuses to quit.
cannot be arrested or imprisoned However, after giving • Then he withdraws the pleasure and dismisses it.
two months notice civil proceedings can be instituted • Without the advice of the Chief Minister, a Governor can
against him during his term of office in respect of his neither appoint nor dismiss a minister.
personal acts • Thats the constitutional position.
•T he oath of office to the governor is administered by the
What maximum can a Governor do?
Chief Justice of the concerned High Court
• I f a minister lowers the dignity of the Governor or his office,
Functions and Powers Raj Bhavan can ask the Chief Minister to inquire.
• Executive Powers • If it is found that the minister has defamed or disrespected
• Legislative Powers the Governor, he/ she can ask the Chief Minister to drop
• Financial Powers the minister.
• Judicial Powers •T his does not mean the Governor has the right to dismiss
• The Governor has no diplomatic, military or emergency the Chief Minister or ministers at will.
powers like the President.
Constitutional provisions
Is the Governor capable to remove a Minister? • Article 163 It talks about the discretionary power of gov-
•A rticle 164(1) says state Ministers shall hold office during ernor.
the pleasure of the Governor. • Article 256 The executive power of the Union shall extend
• Article 164(1) deals with the appointment of the Chief to the giving of such directions to a State as may appear to
Minister and other ministers. the Government of India to be necessary for that purpose.
• While the Governor does not have to seek anyones advice • Article 257 The executive power of the Union shall also
while appointing the Chief Minister, he can appoint a min- extend to the giving of directions to a State as to the con-
ister only on the recommendation of the Chief Minister. struction and maintenance of means of communication
declared in the direction to be of national or military im-
Conventions that have developed while appointing a
portance:
governor
• Article 355 It entrusts the duty upon Union to protect the
•H e should be not from a state where he is appointed
states against external aggression and internal disturbance
• While appointing the governor, the president is required
to ensure that the government of every State is carried on
to consult the CM of the state concerned
in accordance with the provisions of Constitution.
Major judicial observation in this regard •A rticle 356 In the event that a state government is unable
Shamsher Singh & Anr vs State Of Punjab (1974)The to function according to constitutional provisions, the
Supreme Court ruled that- the President and Governor ex- Central government can take direct control of the state
ercise their formal constitutional powersonly upon and in machinery. The state’s governor issues the proclamation,
accordance with the advice of their Ministerssave in a after obtaining the consent of the President of India.
few well knownexceptional situations. • Article 357 It deals with Exercise of legislative powers
under Proclamation issued under Article 356 by the central
What were the exception situations referred to? government.
These situations could arise if:
1. The PM or CM cease to command majority in the House The other situations where the governor, though has
2. The government loses majority but refuses to quit office to consult the council of ministers but finally can act
or the dissolution of the House where an appeal to the
3. F at his own discretion are:
country is necessitous. When he has to establish separate development boards
for Vidarbha and Marathwada in Maharashtra
•W hen he has to establish separate development boards • Regarding the administration of the hill areas in Manipur
for Saurashtra and Kutch in Gujarat • For peace and social and economic advancement of the
• With respect to law and order in the state for so long as different sections of the population in Sikkim
the internal disturbance in the Naga HillsTuensang Area • With respect to law and order in Arunachal Pradesh
continues in Nagaland • When he has to establish separate development boards
• With respect to the administration of tribal areas in for the Hyderabad-Karnataka region in Karnataka
Assam
13. MINORITY ISSUES – SC, ST, DALITS, OBC,

RESERVATIONS, ETC.
13.1 8 lakh income ‘reasonable’ cap for EWS quota, Centre tells SC
•R eservation is instrumental not just for inclusion of socially

and economically backward classes into the society but
also to class so disadvantaged.
• Reservations for EWS does not violate basic structure on
account of 50% ceiling limit fixed by Mandal Commis-
sion because ceiling limit is not inflexible.
• 50% rule formed by the Supreme Court in the Indira Sawh-
ney judgment in 1992 was not inflexible. Further, it had
applied only to SC/ST/SEBC/OBC communities and not
the general category.
• The Scheduled Castes, Scheduled Tribes and the back-
Recently, theSupreme Courthas upheld the validity of ward class for whom the special provisions have already
the103rdConstitutional Amendmentwhich provides been provided in Article 15(4), 15(5) and 16(4) form a
10% reservation for theEconomically Weaker Sections separate category as distinguished from the general
(EWS)among forward castes in government jobs and col- or unreserved category.
leges across India. • Minority View:
• Reservations were designed as a powerful tool to enable
What is the Verdict?
equal access. Introduction of economic criteria and exclud-
•M
ajority View:
ing SC (Scheduled Castes),ST( Scheduled Tribe),https://
• The 103rdconstitutional amendment cannot be said to
www.drishtiias.com/daily-updates/daily-news-analysis/
breach the basic structure of the Constitution.
national-commission-for-scheduled-tribesOBC (Other
• The EWS quota does not violate equality and the basic
Backward Classes), saying they had these pre-existing
structure of the constitution. Reservation in addition
benefits is injustice.
to existing reservation does not violate provisions of the
• The EWS quota may have a reparative mechanism to have a
Constitution.
level playing field and the exclusion of SC, ST, OBC discrim-
• The reservation is an instrument of affirmative action by
inates against equality code and violates basic structure.
the state for the inclusion of backward classes.
• Permitting the breach of 50% ceiling limit would become
• Basic structure cant be breached by enabling the state to
a gateway for further infractions and result in compart-
make provisions for education.
mentalization (division into sections).
What is the Economically Weaker Section (EWS) Quo- •T he 10% EWS quota was introduced under the 103rd Con-
ta? stitution (Amendment) Act, 2019 by amending Articles
15 and 16.
• It inserted Article 15 (6) and Article 16 (6).
• It is for economic reservation in jobs and admissions in
educational institutes for Economically Weaker Sections
(EWS).
• It was enacted to promote the welfare of the poor not cov-
ered by the 50% reservation policy for Scheduled Castes
(SCs),Scheduled Tribes (STs)andSocially and Educa-
tionally Backward Classes (SEBC).
• It enables both the Centre and the States to provide reser-
vations to the EWS of society.
13.2 The Question of OBC Reservation in Local Bodies
What is the issue: •T

hus, the general principles laid down, by the Supreme
Recently, theSupreme Court (SC)while hearing a plea by the Court are binding on each individual including those who
Maharashtra government decided to recall its December 2021 are not a party to order.
order,which stayed 27% reservationforOther Backward
Which principles is the apex court talking about?
Classes (OBCs)in local body elections.
• The Supreme Court has entrusted the Backward Classes
Commission with the responsibility of giving political
reservation to OBCs in the upcoming local body elections
in Maharashtra.
• Maharashtra is not the only state where OBC reservation
in local bodies was stayed.
• I n December 2021, the top court passed a similar or-
der for the Madhya Pradesh government, directing the
OBC seats to be notified as general category for failing to
comply with the three-test criteria (as stated in the 2010
judgment).
• The Supreme Court also stayed the Allahabad High Court’s
direction to the Uttar Pradesh State Election Commission to
notify the Urban Local Body Polls without OBC reservation.
• The Allahabad High Court had ordered thus as it held
that the state government doesn’t fulfil the Triple Test
Formality as laid down by the Apex Court in the case of
five-judge Constitution Bench in the K. Krishnamurthy
•A
Vikas Kishanrao Gawali v. State of Maharashtra & Ors. to
(Dr.) v. Union of India (2010) judgment said that barriers
determine the political backwardness of OBCs.
to political participation are not the same as barriers
Article 141 of the Constitution to education and employment.
• I t stipulates that the law declared by the Supreme Court • Though reservation to local bodies is permissible, the top
shall be binding on all Courts within the territory of India. court declared that the same is subject to three conditions:
1. t o set up a dedicated Commission to conduct empirical • I t held that barriers to political participation are not the
inquiry into the nature of the backwardness in local bodies same as that of the barriers that limit access to education
2. to specify the proportion of reservation required to be and employment.
provisioned local body-wise • However, for creating a level playing field, the reserva-
3. such reservation shall not exceed aggregate of 50% cap of tion may be desirable as mandated by the aforementioned
the total seats reserved for SCs/STs/OBCs taken together conditions.
•T his is famously referred as Triplet Test. • Above articles provide a separate constitutional basis for
reservation, as distinct from what are conceived under
Major takeaways of K. Krishnamurthy Case
Article 15 (4) and Article 16 (4) which form the basis for
In this case, the Supreme Court had interpretedArticle
reservation in education and employment.
243D(6) and Article 243T(6), which permit reservation
by enactment of law for backward classes in local bodies
respectively.
13.3 States must decide on SC/ST quota in promotions: Supreme Court
Recently, the Centre has informed the Supreme Court, that •H owever, these pronouncements in no way understate the
quashing of reservation in promotion toScheduled Caste constitutional directive under Article 46 that mandates
and Scheduled Tribe (SC/ST)employees in government jobs that the state shall promote with special care the educational
may cause employee unrest and lead to multiple litigations. and economic interests of the weaker sections of the people
•E arlier, the Supreme Court (SC) refused to lay down and in particular Scheduled Castes and Scheduled Tribes.
the yardstick for determining the inadequacy of repre- • In fact, sensitivity of the welfare state towards the weaker
sentation for granting reservation in promotions for sections over decades resulted in the gradual expansion
Scheduled Caste(SC)/Scheduled Tribe(ST) candidates of canopy of reservation in the form of increasing clas-
in government jobs. sifications under Article 16, a set of actions that created a
wave of litigation by which resulted in the ever-evolving
jurisprudence of affirmative action in public employment.
• Indra Sawhney Judgment (1992) :
• I n the judgment, a nine-judge bench presided by Chief
Justice M.H. Kania upheld the constitutionality of the
27% reservation but put a ceiling of 50% unless exceptional
circumstances warranting the breach, so that the consti-
tutionally guaranteed right to equality under Article 14
would remain secured.
What are the Important Related Judgements?
•T he Court dwelled on the interrelationship between
•M ukesh Kumar and Another vs State of Uttarakhand
Articles 16(1) and 16(4) and declared that Article 16(4)
& Ors. 2020:
is not an exception to article 16(1), rather an illustration
• In this Case, the Supreme Court held that there is no
of classification implicit in article 16(1).
fundamental right to reservation or promotion under
• While Article 16(1) is a fundamental right, Article 16(4) is
Article 16(4) or Article 16(4 A) of the Constitution rather
an enabling provision.
they are enabling provisions for providing reservation, if
• Further, the Court directed the exclusion of creamy layer
the circumstances warrant.
by way of horizontal division of every other backward
class into creamy layer and non-creamy layer.
• 77thConstitutional Amendment Act:
• The Parliament responded by enacting the 77thConstitu-
tional Amendment Act which introduced Article 16(4A).
•L ater, two more amendments were brought, one to en- •T he adjudication awaited in this regard may also turn to
sure consequential seniority and another to secure carry be a critical milestone in the jurisprudence of reserva-
forward of unfilled vacancies of a year, the former by way tion as traditional understanding of backwardness is
of addition to Article 16(4 A) and the latter by way of broadened to specifically include economic backwardness
adding Article 16(4 B). without social backwardness as is traditionally seen.
• M Nagaraj Case 2006: • Dr. Jaishri Laxmanrao Patil vs Chief Minister (2021):
• In this case applying the creamy layer concept in SC/ST • Despite the Indra Sawhney ruling, there have been attempts
reservation in promotions, the SC reversed its earlier on the part of many States to breach the rule by way of
stance in the Indra Sawhney case (1992), in which it expanding the reservation coverage.
had excluded the creamy layer concept on SCs/STs (that • The Maharashtra Socially and Educationally Backward
was applicable on OBCs). Classes Act 2018, (Maratha reservation law) came under
• The SC had upheld the Constitutional amendments by challenge before the Supreme Court which referred the same
which Articles 16 (4A) and 16 (4B) were inserted, saying to a bench of five judges and one question was whether the
they flow from Article 16 (4) and do not alter its structure. 1992 judgment needs a relook.
• It also laid down three conditions for promotion of SCs • Interestingly, the Supreme Court not only affirmed the
and STs in public employment. Indra Sawhney decision, but also struck down Section
•T he SC and ST community should be socially and edu- 4(1)(a) and Section 4(1)(b) of the Act which provided
cationally backward. 12% reservation for Marathas in educational institutions
• The SC and ST communities are not adequately repre- and 13% reservation in public employment respectively,
sented in Public employment. citing the breach of ceiling.
• Such a reservation policy shall not affect the overall
What are the Constitutional Provisions for Promotion
efficiency in the administration.
in Reservation?
• The court held that the government cannot introduce
•A rticle 16 (4): Provides that the State can make any pro-
a quota in promotion for its SC/ST employees unless
vision for the reservation of appointments or posts in
it proves that the particular community was backward,
favour of any backward class of citizens who, in the opinion
inadequately represented and providing reservation in
of the state, are not adequately represented in the services
promotion would not affect the overall efficiency of public
under the State.
administration.
•A rticle 16 (4A): Provides that the State can make any
• The opinion of the government should be based on quan-
provision for reservation in matters of promotion in
tifiable data.
favour of the Scheduled Castes and the Scheduled Tribes
• Jarnail Singh Case 2018:
if they are not adequately represented in the services under
• Later in 2018, in the Jarnail Singh case, SC modified the
the State.
Nagaraj judgement to the extent that State need not pro-
• Article 16(4B): Added by the 81st Constitutional Amend-
duce quantifiable data to prove the backwardness of a
ment Act, 2000 which enabled the unfilled SC/ST quota
Scheduled Caste/Scheduled Tribe community in order to
of a particular year to be carried forward to the next year.
provide quota in promotion in public employment.
• Article 335: It recognises that special measures need to
• The Constitution (103rdAmendment) Act, 2019:
be adopted for considering the claims of SCs and STs to
• The 10% reservation for Economically Weaker Sec-
services and posts, in order to bring them at par.
tions (EWS), other Scheduled Castes, Scheduled Tribes
•8 2ndConstitutional Amendment Act, 2000 inserted a
and backward classes for government jobs and admission
condition at the end of Article 335 that enables the state
in educational institutions is currently under challenge
to make any provision in favour of the members of the SC/
before the Supreme Court which has referred the same to
STs for relaxation in qualifying marks in any examination.
a constitution bench.
13.4 Wearing hijab is not essential part of religion: Karnataka HC
How have courts ruled so far on the issue of a hijab?

• I n 2015, at least two petitions were filed before the
Kerala High Court challenging the prescription of dress
code for All India Pre-Medical Entrance which prescribed
wearing light clothes with half sleeves not having big but-
tons, brooch/badge, flower, etc. with Salwar/Trouser and
slippers and not shoes.
• Admitting the argument of the Central Board of School
Education (CBSE) that the rule was only to ensure that
candidates would not use unfair methods by concealing
objects within clothes, the Kerala HC directed the CBSE to
put in place additional measures for checking students
who intend to wear a dress according to their religious
custom, but contrary to the dress code.
• In Amna Bint Basheer v CBSE (2016), the Kerala HC
examined the issue more closely.The Court held that the
practice of wearing a hijab constitutes an essential
Recently, theSupreme Courthas delivered a split verdict in religious practice but did not quash the CBSE rule.
the Karnataka Hijab ban case. • The court once again allowed for the additional measures
• In case of a split verdict, the case is heard by a larger Bench. and safeguards put in place in 2015.
• The larger Bench to which a split verdict goes can be a • However, on the issue of a uniform prescribed by a school,
three-judge Bench of the High Court, or an appeal can be another Bench ruled differently in Fathima Tasneem v
preferred before the Supreme Court. State of Kerala (2018).
• In March, 2022, the high court had dismissed the peti- • A single Bench of the Kerala HC held that collective rights
tions filed by a section of Muslim students in Karnataka of an institution would be given primacy over individual
seeking permission to wear the hijab inside classrooms, rights of the petitioner.
ruling it is not a part of the essential religious practice
in Islamic faith. How is Religious Freedom Protected under the Con-
stitution?
What are the Highlights of the Verdict? • Article 25 to 28 of Part-3 (Fundamental Rights) of the
Constitution confers Right to freedom of religion.
• Article 25(1) of the Constitution guarantees the freedom
of conscience and the right freely to profess, practise and
propagate religion.
• It is a right that guarantees a negative liberty which means
that the state shall ensure that there is no interference or
obstacle to exercise this freedom.
• However, like all fundamental rights, the state can restrict
the right for grounds of public order, decency, morality,
health and other state interests.
• Article 26 talks about the freedom to manage religious
affairs subject to public order, morality and health.
•A
rticle 27 states that no person shall be compelled to
pay any taxes for the promotion or maintenance of any
particular religion.
•A
rticle 28 states that the freedom to attend religious
instruction or religious worship in certain educational
institutions.
Essential Religious Practises Test

• I n 1954, the SC held in theShirur Muttcase that the term
religion will cover all rituals and practises integral to a
religion. The test to determine what is integral is termed
the essential religious practises test.
• The test, a judicial determination of religious practis-
es, has often been criticised by legal experts as it pushes
the court to delve into theological spaces. In criticism of
the test, scholars agree that it is better for the court
to prohibit religious practices for public order rather
than determine what is so essential to a religion that it
needs to be protected.
13.5 Govt to reconsider Minority Tag for Hindus in some states
Recently, the Union government has told theSupreme Court •T hey should be given minority status in these states in
(SC)that state governments can now grant minority status accordance with the principle laid down by the SC in its
to any religious or linguistic community, including Hindus. 2002TMA Pai Foundation and 2005 Bal Patil Case ruling.
• The SC had sought the Union governments response in • TMA Pai Case:
a plea that sought directions for framing of guidelines • The SC had said that for the purposes of Article 30 that
identifying minorities at the state level. deals with the rights of minorities to establish and admin-
• The expression minorities appears in some Articles of ister educational institutions, religious and linguistic
the Constitution, but is not defined anywhere. minorities have to be considered state-wise.
• Bal Patil Case:
What is the Case?
• In 2005, the SC in its judgement in Bal Patil referred to
• The plea contended that Hindus are in a minority in six
the TMA Pai ruling.
states and three Union Territories of India but were
• The legal position clarifies that henceforth the unit for
allegedly not able to avail themselves of the benefits of
determining status of both linguistic and religious
schemes meant for minorities.
minorities would be state.
• Plea Showed as per 2011census Hindus have become a
• The petition claimed that NCMEI (National Commission for
minority in Lakshadweep (2.5%), Mizoram (2.75%),
Minority Education Institution) Act 2004 gives unbridled
Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%),
power to the Centre and is manifestly arbitrary, irrational,
Arunachal Pradesh (29%), Manipur (31.39%), and Pun-
and offending.
jab (38.40%).
ection 2(f ) of NCMEI Act 2004 confers power to the
•S
Centre to identify and notify minority communities in India.
What is the Centre’s Stand? • It provides that any section of the citizens residing in
• The Centre said the petitioners argument is not correct any part of India having a distinct language, script or
since states can also certify institutions as being mi- culture of its own, shall have the right to conserve the
nority institutions as per the rules of the said state. same.
• The Centre pointed out that Maharashtra had notified • I t grants protection to both religious minorities as well
Jews as a minority community in 2016 and Karnataka as linguistic minorities.
had notifiedUrdu, Telugu,Tamil,Malayalam, Marathi, • However, the SC held that the scope of this article is not
Tulu, Lamani, Hindi, Konkaniand Gujarati as minority necessarily restricted to minorities only, as use of the word
languages. section of citizens in the Article includes minorities as
• Parliamentand State legislatures haveconcurrent power- well as the majority.
sto enact law to provide for the protection of minorities • Article 30:
and their interests. • All minorities shall have the right to establish and admin-
•M atters such as declaring the followers ofJudaism,- ister educational institutions of their choice.
Bahaism, andHinduism who are minorities in Ladakh, • The protection under Article 30 is confined only to mi-
Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, norities (religious or linguistic) and does not extend to any
Arunachal Pradesh, Punjab and Manipur can establish and section of citizens (as under Article 29).
administer educational institutions of their choice in • Article 350-B:
the said state and laying down guideline(s) for identi- •T he 7thConstitutional (Amendment) Act 1956 inserted
fication of minority at state level may be considered by this article which provides for a Special Officer for Linguistic
the concerned state governments. Minorities appointed by the President of India.
•T he TMA Pai ruling alsoreveals that the SC has nowhere • It would be the duty of the Special Officer to investigate all
eroded the power of the Central Government to notify matters relating to the safeguards provided for linguistic
a community as a minority. minorities under the Constitution.
• The Parliament was empowered under Article 246 of
Who are the minorities notified by the Government
the Constitution read with Entry 20, economic and social
of India?
planning, of the Concurrent List to enact laws to promote
• Currently, only those communities notified under section
and protect the interests of minorities.
2(c) of the NCMAct, 1992, by the central government are
• Parliament has the legislative competence and the Central
regarded as minority.
government has the executive competence to notify a com-
• In 1992, with the enactment of the NCM Act, 1992, the MC
munity as a minority under Section 2(c) of theNational
became a statutory body and was renamed as the NCM.
Commission for Minorities Act of 1992.
• In 1993, the first Statutory National Commission was
Defining Minorities set up and five religious communities viz. The Muslims,
•T he Constitution recognizes Religious minorities in India Christians, Sikhs, Buddhists and Zoroastrians (Parsis)
and Linguistic minorities in India through Article 29 and were notified as minority communities.
Article 30. • I n 2014, Jains were also notified as a minority community.
• But Minority is not defined in the Constitution.
Laws Specifying Minorities
•C urrently, the Linguistic minorities in India are identified
• There are two such laws:
on a state-wise basis thus determined by the state govern-
• 1992 National Commission for Minorities (NCM) Act and
ment whereas Religious minorities in India are determined
• 2004 National Commission for Minorities Educational
by the Central Government.
Institutions (NCMEI) Act
• The Parliament has the legislative powers and the Centre
• Under the NCM Act, the central government has notified
has the executive competence to notify a community as a
only six communities, namely Christians, Sikhs, Muslims,
minority under Section 2(c) of the National Commission
Buddhists, Parsis and Jains, as minorities as the national
for Minorities Act of 1992.
level.
What are the Constitutional Provisions for Minority?
•A
rticle 29:
•T
he NCMEI Act entitles the six communities notified un-
der the NCM Act to establish and administer educational
institutions of their choice.
13.6 Explained: Sub-categorizing OBCs
Recently, the Union Cabinet gave the 13thextension to the • I t has met representatives of state governments, state
Justice Rohini Commission,to examinesub-categorisation backward classes commissions, community associations
of Other Backward Classes(OBCs) and submit its report by etc. apart from obtaining caste-wise data of OBCs in
31stJanuary 2023. higher educational institutions and recruits in central
• The initial deadline to submit the commissions report was departments, public sector banks and financial institutions.
12 weeks by 2ndJanuary, 2018. • In 2021, the commission proposed to divide OBCs into four
subcategories numbered 1, 2, 3 and 4 and split the 27% into
What are the Key Highlights?
2, 6, 9 and 10%, respectively.
• Commission:
• It also recommended complete digitisation of all OBC re-
• The commission was set up on 2ndOctober, 2017 under
cords and a standardised system of issuing OBC certificates.
Article 340 of the Constitution.
• I t was tasked with sub-categorisation of the Other Back- How has the status of OBC reservation evolved over
ward Classes (OBCs) and equitable distribution of benefits time?
reserved for them. • The Kalelkar Commission, set up in 1953, was the first
• In 2015, the National Commission for Backward Classes to identify backward classes other than the Scheduled
(NCBC) had recommended that OBCs should be catego- Castes (SCs) and Scheduled Tribes (STs) at the national
rised into extremely backward classes, more backward level.
classes and backward classes. • The Mandal Commission Report, 1980 estimated the
• NCBC has the authority to examine complaints and OBC population at 52% and classified 1,257 commu-
welfare measures regarding socially and educationally nities as backward.
backward classes. • It recommended increasing the existing quotas, which were
• Commissions Terms of References: only for SC/ST, from 22.5% to 49.5% to include the OBCs.
•T o examine the uneven distribution of reservation • The central government reserved 27% of seats in union
benefits among different castes in the central OBC list. civil posts and services for OBCs [Article 16(4)]. The quotas
• To work out the mechanism, criteria, norms and pa- were subsequently enforced in central government educa-
rameters in a scientific approach for sub-categorisation tional institutions [Article 15 (4)].
within such OBCs. • In 2008, the Supreme Court directed the central govern-
•T o take up the exercise of identifying the respective ment to exclude the creamy layer (advanced sections)
castes/communities/sub-castes/synonyms for com- among the OBCs.
prehensive data coverage. •T he 102ndConstitution Amendment Act, 2018 pro-
• To study and recommend correction of any repetitions, vided constitutional status to the National Commission
ambiguities, inconsistencies and errors of spelling or for Backward Classes (NCBC), which was previously a
transcription. statutory body under the Ministry of Social Justice and
• Work Done So Far: Empowerment.
14. P
ANCHAYATI RAJ INSTITUTIONS: ISSUES AND
CHALLENGES
14.1 What is PESA Act?
What is PESA Act? Special powers accorded by PESA Act includes

• The PESA Act was enacted in 1996 to provide for the ex- Processes and personnel who implement policies
tension of the provisions of Part IX of the Constitution • Exercising control over minor (non-timber) forest resources
relating to the Panchayats to the Scheduled Areas. • Minor water bodies and minor minerals
• Other than Panchayats, Part IX, comprising Articles 243- • Managing local markets
243ZT of the Constitution, contains provisions relating • Preventing land alienation and
to Municipalities and Cooperative Societies. • Regulating intoxicants among other things
• Under the PESA Act, Scheduled Areas are those referred
States and PESA Act
to in Article 244(1), which says that the provisions of the
• State governments are expected to amend their respective
Fifth Schedule shall apply to the Scheduled Areas and
Panchayati Raj Acts without making any law that would
Scheduled Tribes in states other than Assam, Megha-
be inconsistent with the mandate of PESA.
laya, Tripura, and Mizoram.
• Ten states Andhra Pradesh, Chhattisgarh, Gujarat, Himachal
• The Fifth Schedule provides for a range of special provi-
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odis-
sions for these areas.
ha, Rajasthan, and Telangana have notified Fifth Schedule
areas that cover partially or fully several districts in each
of these states.
• After the PESA Act was enacted, the central Ministry of
Panchayati Raj circulated model PESA Rules.
• So far, six states have notified these Rules, including Gujarat.
Significance of PESA act

• It aimed to decentralise power and empower indegneous
communities, paving the way for participatory democ-
racy & envisaged that each tier of the local governance
How is the PESA Act, 1996 supposed to work? is independent. It is based on the cardinal principle of
• The PESA Act was enacted to ensure self-governance governance that human communities are the best agen-
through Gram Sabhas (village assemblies) for people cy to handle most of their survival challenges, manage
living in the Scheduled Areas. their affairs and progress towards growing emancipation
• It recognises the right of tribal communities to govern through the instrumentality of participatory deliberative
themselves through their own systems of self-govern- democracy.
ment, and also acknowledges their traditional rights over • It also calls for creating the appropriate levels of Pan-
natural resources. chayats similar to 6 th Schedule Area, where the admin-
• In pursuance of this objective, the Act empowers Gram istrative boundaries are autonomous enough for self-rule.
Sabhas to play a key role in approving development plans • The act is constructed around the Gandhian concept of
and controlling all social sectors. Gram Swaraj which was included in the Constitution as
Article 40 (organisation of village panchayats) and came
alive only when PESA was adopted.
•W hile the 73 rd Amendment, which inserted Article 243, munity can negotiate both advancement and modernity
made the terms Gram (village) and Gram Sabha (village only when it is founded on the bedrock of its own culture
assembly) a part of the Constitution for the first time, and way of life.
PESA gave shape to the concept of self governance, by • Its provisions appeared to come as a saviour that is designed
devolving power and authority to them. to erase the historical injustice done to the tribal com-
• Hence the first substantive section of PESA begins with munity and was perceived as restoration of their dignity
the legal presumption that the Gram Sabha is competent and tradition of self-governance.
and calls upon the state governments to ensure legal, pro-
Try this PYQ:
cedural and administrative empowerment as a means of
Q.The Government enacted the Panchayat Exten-
deepening democracy. sion to Scheduled Areas (PESA) Act in 1996. Which
•T he principle that underlies PESA has two corollaries in one of the following is not identified as its objec-
tive?
relation to development namely Any community can best
(a) To provide self-governance
decipher advancement and modernity when it is grounded (b) To recognize traditional rights
in the strength of its own culture and way of life. Any com- (c) To create autonomous regions in tribal areas
(d) To free tribal people from exploitation
15. JALLIKATTU DEBATE
15.1 Jallikattu Case: What right do you want to protect, Supreme Court
asks petitioners
What is Jallikattu?
• It is a bull-taming sport and a disputed traditional event
in which a bull such is released into a crowd of people.
• Multiple human participants attempt to grab the large
hump on the bulls back with both arms and hang on to it
while the bull attempts to escape.
• Participants hold the hump for as long as possible, attempt-
ing to bring the bull to a stop. In some cases, participants
must ride long enough to remove flags on the bulls horns.
• It is typically practised in the state of Tamil Nadu as a part
of Pongal (harvest) celebrations in January.
What is the news
•T he Prevention of Cruelty to Animals (TN Amendment) The issue with the sport
Act of 2017 and the Prevention of Cruelty to Animals An investigation by theAnimal Welfare Board of Indiacon-
(Conduct of Jallikattu) Rules of 2017 has recognised the cluded thatJallikattu is inherently cruel to animals.
culture and traditions of the people as a fundamental right. • Human deaths: The event has caused several human deaths
• The petitioners, said that a mere activity does not give a and injuries and there are several instances of fatalities
fundamental right status because of an assertion. to the bulls.
• It referred to how practices like Sati, dowry, widow • Manhandling of animals: Animal welfare concerns are
re-marriage, child marriage, etc. were once recognised related to the handling of the bulls before they are released
as fundamental to our culture and stopped through and also during the competitors attempts to subdue the bull.
legislation.
•C ruelty to animal: Practices, before the bull is released, • Article 29 (1) against Rights of animals.
include prodding the bull with sharp sticks or scythes, ex- •A
rticle 29 (1) mandates that any section of the citizens
treme bending of the tail which can fracture the vertebrae, residing in the territory of India or any part thereof having
and biting of the bulls tail. a distinct language, script or culture of its own shall have
• Animal intoxication: There are also reports of the bulls the right to conserve the same.
being forced to drink alcohol to disorient them, or chilli
Position in Other States for Similar Sports
peppers being rubbed in their eyes to aggravate the bull.
• Karnataka too passed a law to save a similar sport, called
Current Legal Position on Jallikattu: Kambala.
•T he state government has legalised these events, which • Except in Tamil Nadu and Karnataka, where bull-taming
has been challenged in the court. and racing continue to be organised, these sports remain
• In 2018, the Supreme Court referred the Jallikattu case to banned in all other states including Andhra Pradesh,
a Constitution Bench, where it is pending now. Punjab and Maharashtra due to the 2014 ban order from
the Supreme Court.
Conflict to be Resolved:
Whether the Jallikattu tradition can be protected as a cultural
right of the people of Tamil Nadu which is a fundamental
right.
16. DIRECT BENEFITS TRANSFERS
16.1 What is Public Financial Management System (PFMS)?
The Public Accounts Committee (PAC), in its report found Achievements of PFMS
that the tasks related to the implementation of the PFMS •P FMS can be credited to the transformation of Direct Ben-
appeared to have been dealt with a casual approach and there eficiary Transfers space in financial governance in India.
was no proper financial planning. • An estimated 102 crore DBT transactions were done
through PFMS in FY 19-20 amounting to about 2.67 lakh
Public Finance Management System (PFMS)
crore.
•P FMS is an o nline platform developed and implemented
• Through efficient use of technology, PFMS is estimated
by the office of the Controller General of Accounts (CGA)
to have saved about 1 lakh crore in direct beneficiary
under the Union Ministry of Finance.
transfers.
• The PFMS portal is used to make direct payments to
beneficiaries of government schemes. Back2Basics: Public Accounts Committee
• PFMS initially started as a Plan scheme named CPSMS •T he PAC is a committee of selected members of parlia-
of the Planning Commission in 2008-09 as a pilot in four ment constituted for the purpose of auditing the revenue
States of Madhya Pradesh, Bihar, Punjab and Mizoram. and the expenditure of the Government of India.
• It was for four Flagship schemes e.g. MGNREGS, NRHM, • It was established in 1921 after its first mention in the
SSA and PMGSY. Government of India Act, 1919.
• In December, 2013 the Union Cabinet approved the national • PAC is one of the parliamentary committees that examine
roll out of PFMS for all States. the annual audit reports of CAG, which the President lays
before the Parliament of India.
Mandate of PFMS
• It seeks to examines public expenditure.
PFMS has been mandated the following:
• Those three reports submitted by CAG are:
• I t acts as a financial management platform for all plan
1. Audit report on appropriation accounts
schemes and allows for efficient and effective tracking of
2. Audit report on finance accounts
fund flow to the lowest level of implementation for the
3. Audit report on public undertakings
planning scheme of the Government.
• It is mandated to provide information on fund utilization Its members-
leading to better monitoring, review, and decision support • I t consists of not more than twenty-two members, fifteen
system to enhance public accountability in the imple- elected by Lok Sabh a and not more than seven members
mentation of plan schemes. of Rajya Sabha, the upper house of the Parliament.
• To result in effectiveness and economy in Public Finance •T he members are elected every year from amongst its
Management through better cash management for Govern- members of respective houses according to the princi-
ment transparency in public expenditure and real-time ple of proportional representation by means of single
information on resource availability and utilization across transferable vote.
schemes •N one of its members are allowed to be ministers in the
government.
17. CORRUPTION CHALLENGES – LOKPAL, POCA, ETC
17.1 Untangling Kerala’s Lokayukta Amendment Controversy
Who are Lokpal-Lokayuktas? • I n fact, this term was first used in a report of the Admin-
• The Lokpal-Lokayukta issue has always generated intense istrative Reforms Commission headed by Morarji Desai
debate in the country. as far back as in 1966.
•P olitical corruption had become rampant by then and it was owever, the Lokpal does not have the power to ask the
•H
thought that a credible system of an ombudsman should be President to remove the Prime Minister or a Minister
established to redress public grievances against the leaders from office.
and public officials.
Lokpal itself is also subjected to the Law
• The first Bill on Lokpal was introduced in the Lok Sabha
•T he Act also includes the Lokpals own members under the
in 1968 which lapsed with the dissolution of the House.
definition of public servant.
• Anna Hazares movement and the active involvement
• The Chairperson, Members, officers and other employees
of civil society generated a lot of moral pressure on the
of the Lokpal shall be deemed, when acting or purporting
Government which ultimately led to the passing of the
to act in pursuance of any of the provisions of this Act
Bill in 2013.
to be public servants.
Composition of Lokpal • It shall apply to public servants in and outside India.
• The Lokpal is no ordinary investigative body.
• It is headed by the incumbent Chief Justice of India or It clarifies that a complaint under this Act shall only relate
a retired judge. to a period during which the public servant was holding or
• I t has eight members, four of whom are judicial members. serving in that capacity.
• Thus the whole system is studded with judges or judicial
Funtions of Lokpal
men.
•A complaint can be made to the Lokpal for an offence under
he Lokpal has an inquiry wing and a prosecution wing
•T
the Prevention of Corruption Act.
to deal with investigation and prosecution, respectively.
• The Lokpal may order a preliminary inquiry by its Inquiry
he director of prosecution files the case in the special
•T
Wing or refer it any investigation agency like CBI.
court based on the findings of the Lokpal.
• However, the Lokpal should establish that a prima facie
What comes under the Jurisdiction of Lokpal and its case exists after seeking an explanation from the public
Powers? servant as well as his competent authority.
• It has the powers to superintendence over, and to give • With respect to Central Government Servants, it may refer
direction to CBI. If Lokpal has referred a case to CBI, the cases to the Central Vigilance Commission.
investigating officer in such case cannot be transferred • Preliminary Enquiry report should be done within 60
without the approval of Lokpal. days. The preliminary investigation should be normally
• The Inquiry Wing of the Lokpal has been vested with the completed within 90 days.
powers of a civil court. • A Lokpal bench of not less than 3 members considers
• okpal has powers of confiscation of assets, proceeds,
L it and after giving an opportunity to the public servant,
receipts and benefits arisen or procured by means of decides on a further investigation it may dismiss, initiate
corruption in special circumstances. a full investigation or start departmental proceedings.
• L okpal has the power to recommend transfer or sus- • The trials will be held in special courts, which must com-
pension of public servant connected with allegation of plete them within one year.
corruption. • Extensions can be made but the total period cannot exceed
• okpal has the power to give directions to prevent the
L two years.
destruction of records during the preliminary inquiry.
What about the states?
Who falls under the ambit of Lokpal? •T he Lokpal and Lokayukta Act delegates the power to
•T he Lokpal has jurisdiction to inquire into allegations of States to establish by law the Lokayukta to deal with
corruption against the Prime Minister, Ministers, Members complaints relating to corruption against public func-
of Parliament, Group A, B, C and D officers and officials of tionaries.
the central government. • Some States already have established Lokayuktas. For
• After the conclusion of the investigation, the Lokpal may example, Maharashtra in 1971, and Kerala in 1999.
file a case in the special court in case the findings dis-
close the commission of offence under the Prevention of
Corruption Act by the PM, Ministers or MPs.
18. LABOUR, JOBS AND EMPLOYMENT –

HARMONIZATION OF LABOUR LAWS, GENDER GAP,
UNEMPLOYMENT, ETC.
18.1 Local job laws that raise constitutional questions
What is the issue companies, as well as short-term employment, farm labour,

The Supreme Court of India will soon hear a petition to domestic work, and promotions and transfers within the
remove the stay on the Haryana State Employment of Local State.
Candidates Act, or the Haryana Act, that reserves 75% of jobs • The Act was enacted in February 2021 and brought into
in the private sector in the State for local residents. effect in January 2022.
• Last week, the Punjab and Haryana High Court admitted
a petition challenging the constitutionality of the Act
and stayed the implementation until it heard the case.
• The petition in the Supreme Court is by the Haryana gov-
ernment to remove the stay.
About Haryana State Employment of Local Candidates

Act, 2020
• The law covers the whole of the State and will be in effect
for 10 years.
• It will be applicable to: all the Companies, Societies,
Trusts, Limited Liability Partnership firms, Partner-
ship Firm, any person employing ten or more persons
and an entity, as may be notified by the Government,
from time to time.
• The compliance time period would be 3 months.
• In the case of non Compliance, a fine between 25,000 and
1,00,000 would be levied.
• The benefits of the law could be availed by those who have
the domicile. The candidates need to register on a designated
portal from which recruitments will be done.
Constitutional questions arise from this Act

•P rivate sector can challenge the laws effectiveness as it
interferes with their constitutional rights to carry on their
The Haryana State Employment of Local Candidates Act trade freely.
• The Act applies to jobs that pay up to 30,000 per month, •V iolation Of Article 14 Which ensures equality before the
and employers have to register all such employees on a law or the equal protection of the laws within the territory
designated portal. of India.
• The Government may also exempt certain industries by 1. Right to carry occupation- Article 19(1)(g) of the Consti-
notification, and has so far exempted new start-ups and tution guarantees freedom to carry out any occupation,
new Information Technology Enabled Services (ITES) trade or business.
•T here may be reasonable restrictions in the interests of the •T his enabling provision is for public employment and
general public, specifying any professional or technical qual- not for private sector jobs and the law needs to be made
ifications, or to reserve a sector for government monopoly. by Parliament, and not by a State legislature.
• This Act, by requiring private businesses to reserve 75% 1. Limit of reservation - The other question is whether
of lower end jobs for locals, encroaches upon their right 75% reservation is permitted.
to carry out any occupation. • I n the Indra Sawhney casein 1992, the Supreme Court
1. D omicile criteria - The provision of reservation by virtue capped reservations in public services at 50%.
of domicile or residence may be unconstitutional. • It however said that there may be extraordinary situations
2. A rticle 16 of the Constitution specificall y provides which may need a relaxation in this rule.
for equality of opportunity for all citizens in public • The onus is on the State to make a special case of exceptional
employment and prohibits discrimination on several circumstances, for the 50% upper limit on reservations to
grounds including place of birth and residence. be relaxed.
• However, it permits Parliament to make law that requires
residence within a State for appointment to a public office.
18.2 Back in news: Article 142 of the Constitution
The Supreme Court has upheld the Employees Pension What is the Employees’ Pension Scheme?
(Amendment) Scheme, 2014 of the Employees Provident • EPF Pension, which is technically known a s Employees
Fund Organization as legal and validwhile reading down Pension Scheme (EPS), is a social security scheme pro-
certain provisions, using its extraordinary powers under vided by the Employees Provident Fund Organisation
Article 142. (EPFO). The scheme was first launched in 1995.
• The scheme, provided by EPFO, makes provisions for
pensions for the employees in the organized sector after
the retirement at the age of 58 years.
• E mployees who are members of EPF automatically
become members of EPS.
• Both employer and employee contribute 12% of employ-
ees monthly salary (basic wages plus dearness allowance)
to the Employees Provident Fund (EPF) scheme.
• Of the employer’s share of 12 %, 8.33 % is diverted to-
wards the EPS.
• C entral Govt. also contributes 1.16% of employees
monthly salary.
EPS (Amendment) Scheme, 2014

he EPS amendment of 2014, had raised the pensionable
•T
salary cap to Rs 15,000 a month from Rs 6,500 a month,
What did the Court rule? and allowed only existing members (as on September 1,
• The court struck down a requirement in the 2014 amend- 2014) along with their employers exercise the option to
ments that employees who go beyond the salary threshold contribute 8.33% on their actual salaries (if it exceeded
(of 15,000 per month) should contribute monthly to the the cap) towards the pension fund. This was extendable
pension scheme at the rate of 1.16% of their salary. by another six months at the discretion of the Regional
Provident Fund Commissioner.
• I t, however, excluded new members who earned above Important instances when Article 142 was invoked
15,000 and joined after September 2014 from the scheme • Bhopal Gas tragedy case: The SC awarded a compensation
completely. of $470 million to the victims and held that prohibitions
•T he amendment, however, required such members to or limitations or provisions contained in ordinary laws
contribute an additional 1.16% of their salary exceeding cannot, ipso facto, act as prohibitions or limitations on the
15,000 a month towards the pension fund. constitutional powers under Article 142.
•B abri Masjid demolition case: The Supreme Court or-
dered framing of a scheme by the Centre for formation of
Article 142 titled Enforcement of decrees and orders of the
trust to construct Ram Mandir at the Masjid demolition
Supreme Court
site in Ayodhya.
[1] Article 142(1) • Liquor sale ban case: The Supreme Court banned liquor
• The Supreme Court in the exercise of its jurisdiction may shops within a distance of 500 metres from National as
pass such decree or make such order as is necessary for well as State highways in order to prevent drunken driving.
doing complete justice in any cause or matter pending •E x-PM Assassin case: In the case of Perarivalan, the
before it. Supreme Court invoked Article 142(1) under which it was
• Any decree so passed or order so made shall be enforceable empowered to pass any order necessary to do complete
throughout the territory of India. justice in any matter pending before it.
• It may be in such manner as may be prescribed by or
under any law made by Parliament and, until provision
in that behalf is so made, in such manner as the President Q.With reference to the Constitution of India, pro-
may by order prescribe. hibitions or limitations or provisions contained in
ordinary laws cannot act as prohibitions or limita-
[2] Article 142(2) tions on the constitutional powers under Article 142.
It could mean which one of the following?
•T
he Supreme Court shall have all and every power to make (a) The decisions taken by the Election Commission of
any order for the purpose of securing the attendance of any India while discharging its duties cannot be chal-
lenged in any court of law.
person, the discovery or production of any documents, or
(b) The Supreme Court of India is not constrained in
the investigation or punishment of any contempt of itself. the exercise of its powers by laws made by the Parlia-
ment.
(c) In the event of grave financial crisis in the country,
the President of India can declare Financial Emergen-
cy without the counsel from the Cabinet.
(d) State Legislatures cannot make laws on certain
matters without the concurrence of Union Legislature.
19. ELECTORAL REFORMS IN INDIA
19.1 Goan politician accorded Lifetime Rank of Cabinet Minister
Recently a politician in Goa was accorded the lifetime 50 years. Hence a PIL has been filed in the High Court
status of the rank of Cabinet Minister who was, a six- of Bombay at Goa. What is the Lifetime Status of the
time Chief Minister of Goa and a legislator for a full rank of Cabinet minister?
• The former Chief Minister and former Speaker (of the Goa
Legislative Assembly) had completed 50 years as a legislator.
he Cabinet decided that in future also, those who com-

•T What is the PIL against this designation?
plete 50 years and hold posts like CM and Speaker will •T he PIL has urged the High Court to quash the notification
be given the Cabinet status even after their retirement. of the government under which the person was conferred
with the lifetime status.
What is Cabinet?
• It has contended that Goa has a 12-member Cabinet, and
• The Council of Ministers is a large body comprising a
the conferment of Cabinet status results in the number
number of ministers of various ranks seldom meets. The
of Cabinet ranks rising to 13, which exceeds the ceiling
Cabinet is a smaller inner body within the Council of
mandated by the Constitution.
Ministers and it is the effective policy-making organ of
• This ceiling was mandated by the 91st Amendment which
the Council. It consists of principal Ministers on whom
aimed to prevent jumbo Cabinets and the resultant drain
rests the real responsibility of formulating policies. It
on the public exchequer.
is to be noted that even though this system of government
is widely known as the Cabinet system of government. How the 91st Amendment Act does relates here?
•T he Constitution (91st Amendment) Act, 2003 inserted
Constitutional Position of Cabinet
clause 1A in Article 164.
• The original constitution did not specifically mention
• It says the total number of Ministers, including the Chief
the word Cabinet anywhere and it is based on the under-
Minister, in the Council of Ministers in a State shall
standings and conventions of Britain.
not exceed 15% of the total number of members of the
•A rticle 74 of the Constitution provides only the Council
Legislative Assembly of that State.
of Ministers and makes no mention of Cabinet.
• I t provided a condition that the number of Ministers, in-
• It was through the 44thConstitutional Amendment Act,
cluding the Chief Minister in a State shall not be less than
1978 that the word Cabinet was used under Article 352.
twelve.
• All members of the Council of Ministers are not members
• There are 40 seats in the unicameral Goa Assembly.
of the Cabinet.
• Composition of Cabinet: Composition of the cabinet is Why is the designation problematic?
flexible. It is for the Prime Minister to determine from •A cabinet minister for life would be entitled to 12 staff
time to time the compositions of the Cabinet, though members OSDs, support staff, peons, driver which would
due to the relative importance of certain departments, cost the exchequer Rs 90 lakh a year.
their ministers are invariably its members. • The Cabinet rank would also entitle him to government
• Appointment of Cabinet Minister: Cabinet Ministers are accommodation, vehicle and unlimited free travel for him
appointed by the President. The Prime Minister selects and his spouse.
his Cabinet Ministers. The President has to simply ac- • This is just none other case but political self-appeasement.
cept the recommendations of the Prime Minister. The
Back2Basics: 91st Constitutional Amendment Act, 2003
President has to accept the team chosen by him.
• It made the provisions to limit the size of Council of
• Qualification of Cabinet Minister: Cabinet Ministers must
Minister s, to debar defectors from holding public offices,
be a member of either House of Parliament. If a person
and to strengthen the anti-defection law.
who is not a member of either House of the Parliament is
• The total number of ministers, including the Prime Minister,
appointed as a Minister, he shall cease to be a minister
in the Central Council of Ministers shall not exceed 15%
after six months unless in the meanwhile Minister has to
of the total strength of the Lok Sabha.
get himself/herself elected to either House of Parliament
• A member of either house of Parliament belonging to
within six months.
any political party who is disqualified on the ground of
• Disqualification of Cabinet Minister Due To Defection:
defection shall also be disqualified to be appointed as
Also, if a member of Parliament has been disqualified on the
a minister.
ground of defection, he would not be eligible to become a
• The total number of ministers, including the Chief Minis-
Minister. But if he again gets elected in the next freshly
ter, in the Council of Ministers in a state shall not exceed
held Parliamentary election then he will be eligible to
15% of the total strength of the legislative Assembly of
become a minister.
that state.
•B ut, the number of ministers, including the Chief Min- •T he provision of the Tenth Schedule (anti-defection
ister, in a state shall not be less than 12. law) pertaining to exemption from disqualification in
• A member of either House of a state legislature belonging case of split by one-third members of legislature party
to any political party who is disqualified on the ground of has been deleted.
defection shall also be disqualified to be appointed as a • It means that the defectors have no more protection on
minister. grounds of splits.
19.2 Vacant offices, unaware office-bearers: curious case of delisted

parties
The EC has been on a mission to clean up the list of regis- Process of registration
tered unrecognized political parties, deleting 284 since May he applicant is asked to publish a proposed party name
•T
for either being untraceable during a physical check or not in two national daily newspapers and two local daily
responding to communications. newspapers, and provide two days for submitting objec-
tions, if any.
When is a party de-registered?
he notice for publication is also displayed on the web-
•T
•T he ECs recent order has highlighted that a party must
site of the Election Commission.
contest an election within five years of its registration,
and should continue to contest thereafter. Why registering with the EC is important?
• If the party does not contest elections continuously for • It is not mandatory to register with the Election Com-
six years, the party shall be taken off the list of registered mission.
parties. • However, registering as a political party with the EC has
its advantage in terms of intending to avail itself of the
Criteria for Deregistration
provisions of the RP Act, 1951.
A party can only be de-registered:
• The candidates set up by a political party registered with
• If its registration was obtained by fraud;
the EC will get preference in the matter of allotment
• if it is declared illegal by the Central Government; or
of free symbols vis--vis purely independent candidates.
• i f a party amends its internal Constitution and notifies the
• More importantly, these registered political parties, over
ECI that it can no longer abide by the Indian Constitution.
course of time, can get expanded recognition as a state
Registering a Political Party party or a national party.
• The registration of all political parties is governed by the
How EC recognises a political party as a state or na-
provisions of the Representation of the People Act, 1951.
tional party?
• According to the Election Commission (EC), any party
For recognition as a NATIONAL PARTY, the conditions
seeking registration has to submit an application to the
specified are:
Commission within a period of 30 days.
1. a 6% vote share in the last Assembly polls in each of any four
• This is done as per guidelines prescribed by the EC in
states, as well as four seats in the last Lok Sabha polls; or
exercise of the powers conferred by Article 324 of the
2. 2% of all Lok Sabha seats in the last such election, with
Constitution and Section 29A of the RP Act, 1951.
MPs elected from at least three states; or
Note 3. recognition as a state party in at least four states.
There is no procedure available for de-registration of dormant
For recognition as a STATE PARTY, any one of five
political parties.
conditions needs to be satisfied:
1. two seats plus a 6% vote share in the last Assembly elec-
tion in that state; or
2. o ne seat plus a 6% vote share in the last Lok Sabha election • They are further assisted by Directors General, Principal
from that state; or Secretaries, and Secretaries and Under Secretaries.
3. 3% of the total Assembly seats or 3 seats, whichever is • At the state level, Election Commission is assisted by the
more; or Chief Electoral Officer of the State, who is an IAS officer
4. one of every 25 Lok Sabha seats (or an equivalent fraction) of Principal Secretary rank.
from a state; or • At the district and constituency levels, the District Mag-
5. an 8% state-wide vote share in either the last Lok Sabha istrates (in their capacity as District Election Officers),
or the last Assembly polls. Electoral Registration Officers and Returning Officers
perform election work.
Back to Basics: Election Commission India (ECI)
• It was established in accordance with the Constitution Tenure
on 25th January 1950. •T he tenure of election commissioners is not prescribed
• It is an autonomous constitutional body responsible for by Indian Constitution.
administering Union and State election processes in India. • However, the Election Commission conduct of service
• The body administers elections to the Lok Sabha, Rajya Act, 1991 prescribes the term of service.
Sabha, State Legislative Assemblies, State Legislative • Chief Election Commissioner or an Election Commissioner
Councils and the offices of the President and Vice Pres- shall hold office for a term of six years, or up to the age
ident of the country. of 65 years, whichever is earlier, from the date on which
• I t is not concerned with the elections to panchayats and he/she assumes his/her office.
municipalities in the states.
Removal from office
• For this, the Constitution of India provides for a separate
•T he Chief Election Commissioner of India can be repre-
State Election Commission.
sented removed from their office in a manner similar to
Composition of ECI the removal of a judge of the Supreme Court of India.
•T he ECI was established in 1950 and originally only had • I t requires a resolution passed by the Parliament of
one Chief Election Commissioner. India a two-thirds majority in both the Lok Sabha and
•T wo additional Commissioners were appointed to the the Rajya Sabha on the grounds of proved misbehaviour
commission for the first time during the 1989 General or incapacity.
Election, but they had a very short tenure, ending on 1 •O ther Election Commissioners can be removed by the
January 1990. President of India on the recommendation of the Chief
• The Election Commissioners are assisted by Deputy Election Commissioner.
Election Commissioners, who are generally IAS officers. • A Chief Election Commissioner has never been impeached
in India.
20. HEALTH SECTOR – UHC, NATIONAL HEALTH POLICY,

FAMILY PLANNING, HEALTH INSURANCE, ETC.
20.1 National Commission for Safai Karamcharis gets 3-year extension
What is the issue

The Union Cabinet has approved a three-year extension of
the tenure of the National Commission for Safai Karamcharis
(NCSK) that was set to end on March 31.
About National Commission for Safai Karamcharis Related Schemes

• The NCSK was established in the year 1993 as per the •P revention of Atrocities Act: In 1989, the Prevention
provisions of the NCSK Act 1993 to give its recommen- of Atrocities Act became an integrated guard for sanita-
dations to the Government regarding specific programmes tion workers; more than 90% people employed as manual
for welfare of Safai Karamcharis. scavengers belonged to the Scheduled Caste. This became
• The NCSK Act ceased to have effect from 29thFebruary, an important landmark to free manual scavengers from
2004. After that the tenure of the NCSK has been extend- designated traditional occupations.
ed as a non-statutory body from time to time through • Safaimitra Suraksha Challenge: It was launched by the
resolutions. Ministry of Housing and Urban Affairs on World Toilet Day
• It studies and evaluates the existing welfare programmes ( 19thNovember ) in 2020. The Government launched this
for Safai Karamcharis, investigates cases of specific griev- challenge for all states to make sewer-cleaning mechanized
ances etc. by April 2021 if any human needs to enter a sewer line in
• As per the provisions of the Prohibition of Employment case of unavoidable emergency, proper gear and oxygen
as Manual Scavengers and their Rehabilitation Act, tanks, etc., are to be provided.
2013, the NCSK has been assigned the work to monitor the • Swachhta Abhiyan App: It has been developed to identify
implementation of the Act, tender advice for its effective and geotag the data of insanitary latrines and manual scav-
implementation to the Center and State Governments and engers so that the insanitary latrines can be replaced with
enquire into complaints regarding contravention/non-im- sanitary latrines and rehabilitate all the manual scavengers
plementation of the provisions of the Act. to provide dignity of life to them.
• The Chairperson and Members of the Commission un- • National Safai Karamcharis Finance and Development
dertake extensive touring of the country to study the so- Corporation: It is a not-for-profit company under the
cio-economic and living conditions of Safai Karamcharis Ministry of Social Justice and Empowerment. The pri-
and their dependents. mary objective of this corporation is to uplift the Safai
• The Commission calls for the factual reports in connection Karamcharis, Scavengers and their dependents socially
with these complaints/petitions from the concerned au- and economically.
thorities and impress upon them to redress the grievances
Back to Basics: Prohibition of Employment of Manual
of the affected Safai Karamcharis.
Scavengers and their Rehabilitation Act, 2013
Members of the National Commission for Safai Karam- •T he Act prohibits the employment of manual scav-
charis engers, manual cleaning of sewers and septic tanks
The organizational structure of the commission is as follows: without protective equipment, and the construction of
1. Chairperson insanitary latrines.
2. Vice-Chairperson • No person, local authority or agency (like Municipal Cor-
3. 5 members porations) should engage or employ people for hazardous
cleaning of sewers and septic tanks. Mechanized cleaning
Status
of septic tanks is the prescribed norm.
• As per the NCSK (2020 data), a total of 631 people have
• It seeks to rehabilitate manual scavengers and provide
died in the country while cleaning sewers and septic tanks
for their alternative employment.
in the last 10 years.
• Each local authority, cantonment board, and railway au-
• 2019 saw the highest number of manual scavenging
thority is responsible for surveying insanitary latrines
deaths in the past five years. 110 workers were killed while
within its jurisdiction. They shall also construct a number
cleaning sewers and septic tanks.
of sanitary community latrines.
• This is a 61% increase as compared to 2018, which saw 68
• Each occupier of insanitary latrines shall be responsible
cases of such similar deaths.
for converting or demolishing the latrine at his own
• As per data collected in 2018, 29,923 people were engaged
cost. If he fails to do so, the local authority shall convert
in manual scavenging in Uttar Pradesh, making it the
the latrine and recover the cost from him.
highest in any State in India.
21. DEATH PENALTY ABOLITION DEBATE
21.1 President has no role to play in Perarivalan’s plea: SC
he Governors decision will be subject to judicial review

•T
by the constitutional courts.

•A rticle 142 provides discretionary power to the Supreme
Court.
• It states that the court in the exercise of its jurisdiction
may pass such decree or make such order as is neces-
sary for doing complete justice in any cause or matter
Why in news? pending before it.
• The Bench of the Supreme Court said that the Centre had • Such decree shall be enforceable throughout the territory
missed the obvious question posed by the court by a mile. of India in such manner as may be prescribed by or under
•T he pertinent question was whether the Governor had, any law made by Parliament.
in the first place, the authority to refer the mercy plea • It is usually used in cases involving human rights and
to the President. environmental protection.
• Under Article 161 of the Constitution, the Governor was
bound by the aid and advice given by the TN Council of Back2Basics: Pardoning Powers in India
Ministers in September 2018. •U nder the Constitution of India (Article 72), the President
• The Governor prima facie had no authority to transfer of India can grant a pardon or reduce the sentence of a
the mercy plea to the President. convicted person, particularly in cases involving capital
punishment.
What does Pardon mean? • A similar and parallel power vests in the governors of
•A
pardon is a government/executive decision to allow a each state under Article 161.
person to be absolved of guilt for an alleged crime or
other legal offense as if the act never occurred. (1) President
• Article 72 says that the president shall have the power to
Why need a Pardon? grant pardons, reprieves, respites or remissions of punish-
• Pardons can be granted when individuals are deemed to ment or to suspend, remit or commute the sentence of any
have demonstrated that they have paid their debt to so- person convicted of any offence.
ciety, or are otherwise considered to be deserving of them. • The pardoning powers of the Indian President are eluci-
•P ardons are sometimes offered to persons who were eithe dated in Art 72 of the Indian Constitution. There are five
r wrongfully convicted or who claim that they were different types of pardoning which are mandated by law.
wrongfully convicted. • Pardon: means completely absolving the person of the
• Pardons are sometimes seen as a mechanism for com- crime and letting him go free. The pardoned criminal will
bating corruption, allowing a particular authority to be like a normal citizen.
circumvent a flawed judicial process to free someone • Commutation: means changing the type of punishment
that is seen as wrongly convicted. given to the guilty into a less harsh one, for example, a death
penalty commuted to a life sentence.
What does Article 161 say?
•A
rticle 161 of the Constitution provides the Governor
with the power to remit or commute the sentence of
any prisoner.
•R eprieve: means a delay allowed in the execution of a sen- (2) Governor

tence, usually a death sentence, for a guilty person to allow • As per Article 161, the Governor of a State has the power to
him some time to apply for a Presidential Pardon or some grant pardons, reprieves, respites or remissions of punish-
other legal remedy to prove his innocence or successful ment or to suspend, remit or commute the sentence of any
rehabilitation. person convicted of any offence against any law.
•R espite: means reducing the quantum or degree of the • It must be relating to a matter to which the executive power
punishment to a criminal in view of some special circum- of the state extends.
stances, like pregnancy, mental condition etc. • Please note that President can grant pardon to a person
• Remission: means changing the quantum of the punish- awarded death sentence. But a governor of a state does
ment without changing its nature, for example reducing not enjoy this power.
twenty-year rigorous imprisonment to ten years.
22. TRIBES IN NEWS
22.1 Who are Denotified Tribes (DNTs)?
•A few of these communities which were listed as de-notified

were also nomadic. Nomadic and semi-nomadic com-
munities are defined as those who move from one place
to another rather than living in one place all the time.
• Historically, Nomadic Tribes and De-notified Tribes
never had access to private land or home ownership.
• While most DNTs are spread across the Scheduled Castes
(SC), Scheduled Tribes (ST) and Other Backward Classes
(OBC)categories, some DNTs are not covered in any of the
SC, ST or OBC categories.
What is the issue
Manycommissions and committeesconstituted since
Recently, thestanding committee ofParliamenthas criticised
Independence have referred to the problems of these
the functioning of the development programme forde-noti-
communities.
fied, nomadic and semi-nomadic tribes.
•T hese include the Criminal Tribes Inquiry Commit-
Who are De-Notified, Nomadic and Semi-Nomadic tee, 1947 constituted in the United Provinces (now Uttar
Tribes? Pradesh),
• These are communities that are the most vulnerable and • Ananthasayanam Ayyangar Committee in 1949 (it was
deprived. based on the report of this committee the Criminal Tribes
• DNTs are communities that were notified as being born Act was repealed ),
criminals during the British regime under a series of laws • Kaka Kalelkar Commission (also called first OBC Com-
starting with the Criminal Tribes Act of 1871. These Acts mission ) constituted in 1953.
were repealed by the Independent Indian Government • The B P Mandal Commission constituted in 1980 also
in l952, and these communities were “De-Notified”. made some recommendations on the issue.
•T he National Commission to Review the Working of
the Constitution (NCRWC), 2002 held that DNTs have
been wrongly stigmatised as crime prone and subject-
ed to high handed treatment as well as exploitation by •T hey are deprived of Constitutional support unlike Sched-
the representatives of law and order and general society. uled Castes and Scheduled Tribes.
The NCRWC was established under the chairmanship of • The Renke commission estimated their population at
Justice M N Venkatachaliah. around 10.74 crores based onCensus2001.
It has been estimated that South Asia has the worlds Schemes for DNT
largest nomadic population. TheMinistry of Social Justice and Empowermentis imple-
• In India, roughly 10% of the population is Denotified and menting thefollowing schemes for the welfare of the DNTs.
Nomadic. • Dr. Ambedkar Pre-Matric and Post-Matric Scholarship
•W
hile the number of Denotified Tribes is about 150, the for DNTs. This Centrally Sponsored Scheme was launched
population of Nomadic Tribes consists of about 500 dif- w.e.f. 2014-15 for the welfare of those DNT students who
ferent communities. are not covered under SC, ST or OBC.
• Nanaji Deshmukh Scheme of Construction of Hostels
Back to Basics
for DNT Boys and Girls. This Centrally Sponsored Scheme
National Commission for De-notified, Nomadic and
launched w.e.f. 2014-15 is implemented through State
Semi-Nomadic Tribes (NCDNT) was constituted in 2006
Governments/ UT Administrations/ Central Universities.
by the then government.
• From the year 2017-18, the scheme ”Assistance to Vol-
• It was headed by Balkrishna Sidram Renke and submitted
untary Organization working for the Welfare of OBCs
its report in 2008.
“ has been extended for DNTs
• The commission held that It is an irony that these tribes
somehow escaped the attention of our Constitution
makers.
22.2 Tribes in news: Hattis of Himachal Pradesh
•T ons divides it from the Jaunsar Bawar area of Uttarakhand.

• The Hattis who live in the trans-Giri area and Jaunsar
Bawar in Uttarakhand were once part of the royal estate of
Sirmaur until Jaunsar Bawars separation in 1815.
• Due to topographical disadvantages, the Hattis living in the
Kamrau, Sangrah, and Shilliai areas lag behind in education
and employment.
Societal norms of Hattis

• The Hattis are governed by a traditional council called
The Centre is set to consider the Himachal Pradesh govern- Khumbli, which like the khaps of Haryana, decide com-
ments request for inclusion of the Hatti community in the munity matters.
list of Scheduled Tribes in the state. • The Khumblis power has remained unchallenged despite
the establishment of the panchayati raj system.
Who are the Hattis? • The two clans have similar traditions, and inter-marriages
•T he Hattis are a close-knit community who got their name are commonplace.
from their tradition of selling homegrown vegetables, crops, • There is a fairly rigid caste system among the Hattis the
meat and wool etc. at small markets called haat in towns. Bhat and Khash are the upper castes, while the Badhois
• The Hatti community, whose men generally don a distinc- are below them.
tive white headgear during ceremonies, is cut off from • Inter-caste marriages have traditionally remained a strict
Sirmaur by two rivers called Giri and Tons. no-no.
Back2Basics: Scheduled Tribes •T he first specification of Scheduled Tribes in relation to

• The term ‘Scheduled Tribes’ first appeared in the Consti- a particular State/ Union Territory is by a notified order
tution of India. of the President, after consultation with the State gov-
• Article 366 (25) defined scheduled tribes as “such tribes or ernments concerned.
tribal communities or parts of or groups within such tribes • These orders can be modified subsequently only through
or tribal communities as are deemed under Article 342 to an Act of Parliament.
be Scheduled Tribes for the purposes of this constitution”. • The above Article also provides for listing of scheduled
• Article 342, which is reproduced below, prescribes the tribes State/Union Territory wise and not on an all
procedure to be followed in the matter of specification of India basis.
scheduled tribes.
23. HIGHLIGHTS OF THE DEMOCRACY REPORT
23.1 Highlights of the Democracy Report 2022
What is the issue About the report

A Sweden-based institute has said that India is no longer an he study, titled Democracy Report 2022: Autocrati-
•T
electoral democracy, classifying the country as an electoral sation Changing Nature? states that more than twice
autocracy instead. as many countries are undergoing Autocratisation as are
witnessing democratization.
•T he conceptual scheme takes into account not only the Highlights of the report
electoral dimension (free and fair elections) but also the • The democratic gains of the post-Cold War period are
liberal principle that democracy must protect individual eroding rapidly in the last few years.
and minority rights. • Autocratisation is spreading rapidly, with a record of 33
• The V-Dem report classifies countries into four regime countries autocratising.
types based on their score in the Liberal Democratic • The level of democracy enjoyed by the average global citizen
Index (LDI) : in 2021 is down to 1989 levels.
1. Liberal Democracy • While Sweden topped the LDI index, other Scandinavian
2. Electoral Democracy countries such as Denmark and Norway, along with Costa
3. Electoral Autocracy and Rica and New Zealand make up the top five in liberal de-
4. Closed Autocracy mocracy rankings.
The Liberal Democratic Index (LDI) What does the report say about India?
•T he LDI captures both liberal and electoral aspects of a • India is one of the top ten autocratisers in the world
democracy based on 71 indicators that make up the: says the report.
1. L iberal Component Index (LCI): It measures aspects • The report classifies India as an autocracy (electoral
such as protection of individual liberties and legislative autocracy) rather than a democracy, ranking it 93rd on
constraints on the executive. the liberal democracy index, out of 179 countries.
2. E lectoral Democracy Index (EDI): It considers indicators •T he report notes that India is part of a broader global trend
that guarantee free and fair elections such as freedom of of an anti-plural political party driving a countrys Autoc-
expression and freedom of association. ratisation.
• In addition, the LDI also uses: • Ranked 93rd in the LDI, India figures in the bottom 50%
1. E galitarian Component Index (to what extent different of countries.
social groups are equal) • It has slipped further down in the Electoral Democracy
2. P articipatory Component Index (health of citizen Index, to 100, and even lower in the Deliberative Com-
groups, civil society organizations) and ponent Index, at 102.
3. D eliberative Component Index (whether political • In South Asia, India is ranked below Sri Lanka (88), Nepal
decisions are taken through public reasoning focused on (71), and Bhutan (65) and above Pakistan (117) in the LDI.
common good or through emotional appeals, solidarity
attachments, coercion)
23.2 Rajya Sabha
Context embers sit for terms lasting six years, with elections
•M
Elections to the Rajya Sabha were recently concluded in every year but almost a third of the 233 designates up for
some states. election every two years, specifically in even-numbered
years.
The Rajya Sabha
• The Rajya Sabha or Council of States is the upper house A Historical background
of the bicameral Parliament. • The Rajya Sabha came into being on April 3, 1952, and
• I t currently has a maximum membership of 245, of which held its first session on May 13 the same year.
233 are elected by the legislatures of the states and union • The Constituent Assembly, which was formed in 1947, after
territories using single transferable votes through Open the adoption of the Constitution became the Provisional
Ballot. Parliament and made laws till 1952.
he President can appoint 12 members for their con-
•T
tributions to art, literature, science, and social services.
Elections to the Rajya Sabha authorised agent (called Whip), before they are put into
QualificationsArticle 84of the Constitutionlays down the the ballot box.The NOTA option has been struck down
qualifications for membership of Parliament. A member of by the Supreme Court in RS elections.
the Rajya Sabha must:
The Power Equation: Lok Sabha Vs. Rajya Sabha
•B e a citizen of India;
•T he Indian Constitution provides for parity of powers
•B e at least 30 years old. (Article 84 constitution of India)
between the Lok Sabha and the Rajya Sabha in law, making
• Be elected by the Legislative Assembly of States and UTs by
an exception in some cases.
means of the single transferable vote through proportional
• The Money Bill or Finance Bills can be introduced only
representation.
in the Lok Sabha which only can approve the Demands
• Not be: a proclaimed criminal, a subject of an insolvent,
for Grants.
of unsound mind.
• On the other hand, the Rajya Sabha has some special powers
•N ot hold any other office of profit under the Govern-
as requiring adopting a resolution allowing Parliament to
ment of India.
legislate on subjects in the State List and creating All India
• Possess such other qualifications as may be prescribed in
Services, besides approving proclamations of Emergency
that behalf by or under any law made by Parliament.
and Presidents Rule when the Lok Sabha is dissolved.
In addition, twelve members are nominated by the President
Renowned British philosopher and political economist
of India having special knowledge in various areas like arts
John Stuart Mill as early as in 1861 said in his great trea-
and science. However, they are not entitled to vote in Pres-
tise Considerations on Representative Government that
idential elections as per Article 55 of the Constitution.
management of free institutions requires conciliation;
Election procedure a readiness to compromise; a willingness to concede
•C andidates fielded by political parties have to be proposed something to opponents and mutual give and take. Truly,
by at least 10 members of the Assembly or 10% of the Rajya sabha plays this role in Indian legislature.
partys strength in the House, whichever is less.
In detail: Powers and Functions of the Rajya Sabha
• For independents, there should be 10 proposers, all of
whom should be members of the Assembly. [1] Legislative Powers
• I n the sphere of ordinary law-making, the Rajya Sabha
Voting procedure
enjoys equal powers with the Lok Sabha. An ordinary bill
•V oting is by single transferable vote, as the election is held
can be introduced in the Rajya Sabha and it cannot become
on the principle of proportional representation.
a law unless passed by it.
• A single transferable vote means electors can vote for any
• In case of a deadlock between the two Houses of Parliament
number of candidates in order of their preference.
over an ordinary bill and if it remains unresolved for six
• A candidate requires a specified number of first preference
months, the President can convene a joint sitting of the
votes to win. Each first choice vote has a value of 100 in the
two Houses for resolving the deadlock.
first round.
his joint sitting is presided over by the Speaker of the
•T
• To qualify, a candidate needs one point more than the quo-
Lok Sabha. But if the deadlock is not resolved, the bill is
tient obtained by dividing the total value of the number of
deemed to have been killed.
seats for which elections are taking place plus one.
• The formula simply is [(Number of MLAs X 100) / (Va- [2] Financial Powers
cancies + 1)] + 1. • In the financial sphere, the Rajya Sabha is a weak House.
•A money bill cannot be introduced in the Rajya Sabha.
Example:
It can be initiated only in the Lok Sabha.
If there are four seats and 180 MLAs voting, the qualifying
• A money bill passed by the Lok Sabha comes before the
number will be 180/5= 36 votes or value of 3,600.Note: The
Rajya Sabha for its consideration.
Rajya Sabha polls have a system of the open ballot, but it
is a limited form of openness. There is a system of each
party MLA showing his or her marked ballots to the partys
[3] Executive Powers Such a resolution empowers the Union Parliament to leg-
• Members of the Rajya Sabha can exercise some control islate on such a state subject for a period of one year. Such
over the ministers by criticizing their policies, by asking resolutions can be repeatedly passed by the Rajya Sabha.
questions and moving motions etc. • Power in respect of Creation or Abolition of an All India
•S ome of the ministers are also taken from the Rajya Service : The Rajya Sabha has the power to create one
Sabha. The PM can also be from Rajya Sabha if the majority or more new All India Services. It can do so by passing
party in the Lok Sabha may elect/adopt him as its leader. a resolution supported by 2/3rd majority on the plea of
national interest. In a similar way, the Rajya Sabha can
[4] Electoral Powers
disband an existing All India Service.
•T he Rajya Sabha has some electoral powers also. The elected
members of the Rajya Sabha along with the elected members Limitations to its powers
of the Lok Sabha and all the State Legislative Assemblies The Constitution places some restrictions on Rajya Sabha;
together elect the President of India. the Lok Sabha is more powerful in certain areas as such:
• The members of the Rajya Sabha Lok Sabha together elect
1. Money bills
the Vice- President of India.
•A money bill can be introduced only in the Lok Sabha by a
• Members of the Rajya Sabha also elect a Deputy Chairman
minister and only on recommendation of President of India.
from amongst themselves.
• When the Lok Sabha passes a money bill then the Lok Sabha
[5] Judicial Powers sends money bill to the Rajya Sabha for 14 days during
• The RS acting along with the Lok Sabha can impeach the which it can make recommendations.
President on charges of violation of the Constitution. • Even if Rajya Sabha fails to return the money bill in 14
•T he RS can also pass a special address for causing the days to the Lok Sabha, that bill is deemed to have passed
removal of a judge of the Supreme Court or of any High by both the Houses.
Court. Also, if the Lok Sabha rejects any (or all) of the amendments
• The charges against the Vice-President can be levelled proposed by the Rajya Sabha, the bill is deemed to have been
only in the RS. passed. Hence, Rajya Sabha can only give recommendations
• The RS can pass a resolution for the removal of some high for a money bill but Rajya Sabhacannot amend a money
officers like the Attorney General of India, Comptroller bill.There isno joint sittingof both the houses with respect
and Auditor General and Chief Election Commissioner. to money bills, because all final decisions are taken by the
Lok Sabha.
[6] Miscellaneous Powers
The Rajya Sabha and Lok Sabha jointly perform the following 2. Joint Sitting of the Parliament
functions: •A rticle 108 provides for a joint sitting of the two Houses
•A pproval of the ordinances issued by the President, of Parliament in certain cases.
•R atification of an emergency proclamation, • Considering that the numerical strength of Lok Sabha
•M aking any change in the jurisdiction of the Supreme Court is more than twice that of Rajya Sabha, Lok Sabha tends
and the High Courts, and to have a greater influence in a joint sitting of Parliament.
• Making any change in the qualifications for the membership A joint session is chaired by the Speaker of Lok Sabha.
of the Lok Sabha and the Rajya Sabha.
Joint sessions of Parliament are a rarity, and have been
[7] Exclusive Powers convenedonly three times in last 71 years, for the pur-
The Rajya Sabha enjoys two exclusive powers: pose of passage of a specific legislative act, the latest
• The Power to declare a Subject of State List as a subject time being in 2002:
of National Importance : The Rajya Sabha can pass a • 1961: Dowry Prohibition Act, 1958
resolution by 2/3rd majority of its members for declaring • 1978: Banking Services Commission (Repeal) Act, 1977
a State List subject as a subject of national importance. • 2002: Prevention of Terrorism Act, 2002
3. No confidence motion: • Lok Sabha alone can cause the fall of the Council of Min-
• The Union Council of Ministers is collectively responsible isters by passing a vote of no-confidence.
before the Lok Sabha and not the Rajya Sabha.
23.3 ROLE OF PANCHAYATS IN SERVICE DELIVERY
ROLE OF PANCHAYATS IN SERVICE DELIVERY •S eats reserved for Scheduled Castes (SCs) and Scheduled
Tribes (STs) and the chairpersons of the Panchayats at all
levels also shall be reserved for SCs and STs in proportion
to their population.
• One-third of the total number of seats to be reserved for
women.
• One third of the seats reserved for SCs and STs also re-
served for women.
• One-third offices of chairpersons at all levels reserved for
women (Article 243D).
• Uniform five year term and elections to constitute new
bodies to be completed before the expiry of the term.
• In the event of dissolution, elections compulsorily within
six months (Article 243E).
• I ndependent Election Commission in each State for
superintendence, direction and control of the electoral
rolls (Article 243K).
• Panchayats to prepare plans for economic development
Context and social justice in respect of subjects as devolved by law
Recently, in a workshop organized by Ministry of Panchayat to the various levels of Panchayats including the subjects
Raj, Mysuru Declaration on Service Delivery by Panchayats as illustrated in Eleventh Schedule (Article 243G).
was signed. Mysuru Declaration was signed by participants • 74th Amendment provides for a District Planning Com-
from 16 States and resolved to roll out the Common Minimum mittee to consolidate the plans prepared by Panchayats
Service delivery by Panchayats across the country and Municipalities (Article 243ZD).
• Budgetary allocation from State Governments, share of
What are the Salient Features of the Constitution’s revenue of certain taxes, collection and retention of the
73rdand 74thAmendments? revenue it raises, Central Government programmes and
• These amendments added two new parts to the Con- grants, Union Finance Commission grants (Article 243H).
stitution, namely, added Part IX titled The Panchayats •E stablish a Finance Commission in each State to de-
(added by 73rdAmendment) and Part IXA titled The termine the principles on the basis of which adequate
Municipalities (added by 74thAmendment). financial resources would be ensured for panchayats and
• Basic units of the democratic system- Gram Sabhas (villag- municipalities (Article 243I).
es) and Ward Committees (Municipalities) comprising • The Eleventh Scheduled of the Constitution places as
all the adult members registered as voters. many as 29 functions within the purview of the Panchayati
• The three-tier system of panchayats at the village, inter- Raj bodies.
mediate block/taluk/Mandal, and district levels except in
States with a population below 20 lakhs (Article 243B).
• Seats at all levels are to be filled by direct elections Article
243C (2).
What makes Panchayats suitable for the effective de-

livery of public services?
Panchayats have been mandated for economic development,
strengthening social justice, and implementation of Central
and State Government Schemes including those29 subjects
listed in the Eleventh Scheduleof the Constitution. In this
context, Panchayati Raj Institutions (PRIs) are responsible
for the delivery of basic services as enshrined underArticle
243Gspecifically in the areas of Health & Sanitation, Educa-
tion, Nutrition, and Drinking Water. The PRIs by design has
many positive features for the effective delivery of essential
services which include:
•P articipatory Governance : Gram Sabhas has been em-
powered to prepare and implement plans at the local level Initiatives to enhance the capacities of PRI
that can facilitate the direct participation of people based • Mopar introduced Panchayat Empowerment and Account-
on local socio-traditional knowledge. ability Incentive Scheme (PEAIS) during the year 2005-06
• Social Inclusion : Constitutionally mandated reservation for States/UTs regarding their performance on the extent
for women (1/3rd seats) and other marginalized commu- of devolution carried out by them. Thus, PEAIS acted as
nities such as SCs and STs in Panchayats ensure their a centralized intervention for decentralization by States
participation in the village-level governance and inclusion through devolution.
of their developmental aspirations. • Rajiv Gandhi Panchayat Sashaktikaran Abhiyan (RG-
• Accountability : Regular elections to Panchayats makes it PSA) was launched during 2103-14 to provide pancha-
easier for the electorates to hold elected bodies accountable yats with adequate technical and administrative support,
for their performance. strengthen their infrastructure and e-enablement etc.
• R
esponsiveness : Due to its proximity to voters, locally • Model PanchayatCitizens Charter: It is prepared by the
elected representatives know their small constituency Ministry of Panchayati Raj (MoPR) in collaboration with
better and are in an advantageous position to provide better National Institute of Rural Development & Panchayati
services according to their electorates preferences. Raj (NIRDPR). It has been developed for the delivery of
• Bottom-up approach : The Gram Panchayats are constitu- the services across the 29 sectors, aligning actions with
tionally mandated for the preparation of Gram Panchayat localised Sustainable Development Goals (SDGs)
Development Plans (GPDP) that are in convergence with • S
abki Yojana Sabka Vikas Campaign : It aims to draw
schemes of all related Central Ministries / Line Depart- up Gram Panchayat Development Plans (GPDPs) in the
ments related to 29 subjects. This convergence assumes country and place them on a website where anyone can
greater significance for the effective implementation of see the status of the various governments flagship schemes.
flagship schemes. • E
-gram swaraj : A unified tool e-Gram SWARAJ portal
• Functional Transparency : Public disclosure to the Gram has been developed by the Ministry of Panchayati Raj for
Panchayats (GP) regarding funds made available under effective monitoring and evaluation of works taken up in
various schemes of the line departments and activities to the Gram Panchayats.
be taken up in each GP area is mandated under the Gram
Swaraj Abhiyan.
23.4 Maharashtra-Karnataka Boundary Dispute
The Maharashtra-Karnataka border dispute is in the news • In September 1957, the Bombay government echoed their
again after a leader in Maharashtra stated the commitment demand and lodged a protest with the Centre, leading to
to acquiring Maratwhi-speaking villages along the border. the formation of the Commission under former CJI Mehr
Chand Mahajan in October 1966.
Maha-Ktaka boundary dispute
•T he erstwhile Bombay Presidency, a multilingual province, Beginning of the dispute
included the present-day Karnataka districts of Vijayapura, •T he Commission recommended that 264 villages be trans-
Belagavi, Dharwad and Uttara-Kannada. ferred to Maharashtra (which formed in 1960) and that
• In 1948, the Belgaum municipality requested that the dis- Belgaum and 247 villages remain with Karnataka.
trict, having a predominantly Marathi-speaking population, • Maharashtra rejected the report, calling it biased and
be incorporated into the proposed Maharashtra state. illogical, and demanded another review.
• However, the States Reorganization Act of 1956, which • Karnataka welcomed the report and has ever since con-
divided states into linguistic and administrative lines, tinued to press for implementation, although this has not
made Belgaum and 10 taluka of Bombay State a part of the been formally done by the Centre.
then-Mysore State
A case pending in the Supreme Court
The Mahajan Commission • Successive governments in Maharashtra have demanded
• While demarcating borders, the Reorganization of States their inclusion within the state a claim that Karnataka
Commission sought to include talukas with a Kanna- contests.
da-speaking population of more than 50 per cent in Mysore. • In 2004, the Maharashtra government moved the Supreme
• Opponents of the regions inclusion in Mysore argued, and Court for a settlement of the border dispute under Article
continue to argue, that Marathi-speakers outnumbered 131(b) of the Constitution.
Kannadigas who lived there in 1956. • It demanded 814 villages from Karnataka on the basis of
the theory of village being the unit of calculation, contigu-
ity and enumerating linguistic population in each village.
• The case is pending in the apex court.
23.5 CAG Audit and its Significance
Types of Audit performed by CAG

• Regulatory Audit: It is an audit to ascertain whether the
money spent was authorized for the purpose for which they
were spent and also that the expenditure incurred was in
conformity with the laws, rules and regulations.
• Supplementary Audit: CAG takes up supplementary audits
in PSUs, even after the commercial audits are done by the
auditors appointed by the CAG, for the detection of leakages.
•P ropriety Audit: It focuses on whether the expenditure
made is in the public interest or not i.e. it moves beyond
mere scrutiny of expenditure to question its wisdom and
economy to identify cases of improper expenditure and
waste of public money.
• Efficiency Audit: Efficiency audit as the name suggests
answers the question of whether the money invested yields
optimum results. The main purpose of the efficiency audit is
Context to ensure that the investment is prioritized and channeled
• In its latest audit reports tabled in Parliament, Comp- into its most profitable utilization.
troller and Auditor General (CAG), as mandated by the •P erformance Audit: Performance audit answers whether
Constitution of India, has highlighted several issues with the government programs such as NREGA have achieved the
various ministries and departments related to operational desired objectives at the lowest cost and given the intended
and financial irregularities. benefits. It generally does not get into the merits-demerits
of a particular policy/scheme but rather looks into the
About CAG effectiveness with which the scheme is implemented and
•T he Constitution of India provides for an independent of- any deficiencies thereof.
fice of the Comptroller and Auditor General of India (CAG). • Environmental Audit: This is a relatively new area of
• His duty is to uphold the Constitution of India and the laws concern for the CAG keeping in mind the challenges facing
of Parliament in the field of financial administration. India with respect to the conservation and management
• He is the head of the Indian Audit and Accounts Depart- of the environment. More than 100 audits on environ-
ment. He is the guardian of the public purse and controls mental issues like bio-diversity, pollution of rivers, waste
the entire financial system of the country at both levels- management have been conducted by the CAG to identify
the centre and state. critical issues and suggest possible solutions by involving
Constitutional provisions related to CAG all stakeholders.
•A rt. 148: broadly speaks of the CAG, his appointment, Independence of the Institution of CAG
oath and conditions of service •F or the effective functioning of this important institution
•A rt. 149: broadly speaks of the Duties and Powers of of the CAG it is paramount to ensure independence. There
the CAG are several provisions enshrined in the Constitution to
• Art. 150: The accounts of the Union and the States shall safeguard CAGs independence.
be kept in such form as the President may, on the advice • He is appointed by the President by a warrant under his
of the CAG, prescribe. hand and seal and his oath of office requires him to uphold
•A rt. 151: Audit Reports: The reports of the Comptroller the Constitution of India and the laws made thereunder.
and Auditor-General of India relating to the accounts of
the Union shall be submitted to the president, who shall
cause them to be laid before each House of Parliament.
•H e is provided with security of tenure and can be removed •H e audits all expenditures from the Contingency Fund
by the President only in accordance with the procedure of India and the Public Account of India as well as the
mentioned in the Constitution (same as a judge of SC). Contingency Fund and Public Account of each state.
•H e is not eligible for further office, either under the •H e audits all trading, manufacturing, profit and loss
Government of India or of any state, after he ceases to accounts, balance sheets and other subsidiary accounts
hold his office. kept by any department of the Central Government and
•H is salary and other service conditions though deter- the state governments.
mined by the Parliament cannot be varied to his disadvan- • He audits the receipts and expenditures of all bodies
tage after appointment. and authorities substantially financed from the Central or
• His administrative powers and the conditions of service State revenues; government companies; other corporations
of persons serving in the Indian Audit and Accounts De- and bodies, when so required by related laws.
partment shall be prescribed by the President only after
Functions
consulting him.
•H e audits all transactions of the Central and state govern-
• The administrative expenses of the office of CAG, including
ments related to debt, sinking funds, deposits, advances,
all salaries, allowances and pensions of persons serving in
suspense accounts and remittance business.
that office are charged upon the Consolidated Fund of
• He audits the accounts of any other authority when re-
India and are not subject to the vote of Parliament.
quested by the President or Governor e.g. Local bodies.
Sources of the Audit Mandate of CAG • He advises the President with regard to the prescription
•C onstitution The existence and mandate of the Comptroller of the form in which the accounts of the Centre and states
and Auditor General of India emanate from Articles 148 to shall be kept.
151 of the Constitution. Article 149 stipulates the Duties • He submits his audit reports relating to the accounts of
and Powers of the Comptroller and Auditor General the Centre to the President, who shall, in turn, place them
• Statute DPC Act, 1971 (Duties, Powers and Conditions of before both houses of Parliament.
Service Act) lays down the general principles of Govern- • He submits his audit reports relating to the accounts of a
ment accounting and the broad principles in regard to the State to the Governor, who shall, in turn, place them before
audit of receipts and expenditure the state legislature.
• Regulations Regulations on Audit and accounts as framed • H e ascertains and certifies the net proceeds of any tax
and notified in the official Gazette. or duty and his certificate is final on the matter.
• Scope of audit Within the audit mandate, the Comptroller • He acts as a guide, friend and philosopher of the Public
and Auditor General is the sole authority to decide the Accounts Committee of the Parliament.
scope and extent of the audit to be conducted by him or • He compiles and maintains the accounts of state govern-
on his behalf. ments. In 1976, he was relieved of his responsibilities with
regard to the compilation and maintenance of accounts of
Duties and Functions of the CAG
the Central government due to the separation of accounts
Duties from the audit.
•H
e audits the accounts related to all expenditures from • He submits 3 audit reports to the President: an audit
the Consolidated Fund of India, the Consolidated Fund report on appropriation accounts, an audit report on fi-
of each state and UT having a legislative assembly. nance accounts and audit report on public undertakings.
Federal System
24. ANTI DEFECTION LAW
24.1 Anti-Defection Law
What is Anti-defection Law? •T he law does not specify a time frame in which such a
• The Anti-Defection Law under the Tenth Schedule of the decision has to be made.
Constitution punishes MPs/ MLAs for defecting from their • As a result, Speakers of legislatures have sometimes acted
party by taking away their membership of the legislature. very quickly or have delayed the decision for years and
• It gives the Speaker of the legislature the power to decide have been accused of political bias in both situations.
the outcome of defection proceedings.
Issues with Anti-defection law
• It was added to the Constitution through the Fifty-Second
•U ndermining Representative & Parliamentary Democ-
(Amendment) Act, 1985 when Rajiv Gandhi was PM.
racy After enactment of the Anti-defection law, the MP
• The law applies to both Parliament and state assemblies.
or MLA has to follow the partys direction blindly and has
Cases considered under the anti-defection law no freedom to vote their judgment. Due to Anti-Defection
The law covers three scenarios with respect to shifting of law, the chain of accountability has been broken by making
political parties by an MP or an MLA. legislators accountable primarily to the political party.
• Controversial Role of Speaker In many instances, the
(1) Voluntary give-up
Speaker (usually from the ruling party) has delayed de-
•T
he first is when a member elected on the ticket of a po-
ciding on the disqualification.
litical party voluntarily gives up membership of such a
• No Recognition of Split Due to the 91st amendment, the
party or votes in the House against the wishes of the party.
anti-defection law created an exception for anti-defection
•S
uch persons lose his seat.
rulings. However, the amendment does not recognise a
(2) Independent members split in a legislature party and instead recognises a merger.
•W hen a legislator who has won his or her seat as an indepen- •S ubversion of Electoral Mandates Defection is the sub-
dent candidate joins a political party after the election. version of electoral mandates by legislators who get
• In both these instances, the legislator loses the seat in the elected on the ticket of one party but then find it convenient
legislature on changing (or joining) a party. to shift to another, due to the lure of ministerial berths or
financial gains.
(3) Nominated MPs • Affects the Normal Functioning of Government The
• I n their case, the law gives them six months to join a infamous Aaya Ram, Gaya Ram slogan was coined against
political party, after being nominated. the background of continuous defections by the legislators
• If they join a party after such time, they stand to lose their in the 1960s. The defection leads to instability in the gov-
seat in the House. ernment and affects the administration.
Powers to disqualification •P romote Horse-Trading Defection also promotes
• Under the anti-defection law, the power to decide the dis- horse-trading of legislators which clearly go against the
qualification of an MP or MLA rests with the presiding mandate of a democratic setup.
officer of the legislature.
25. PARLIAMENT – SESSIONS, PROCEDURES, MOTIONS,

COMMITTEES ETC
25.1 What is Privilege Motion?
What is the issue • I t says that a member may, with the consent of the Speaker
An MP from Telangana submitted a Privilege Motion against or the Chairperson, raise a question involving a breach
PM regarding his remarks over the bifurcation of the erstwhile of privilege either of a member or of the House or of a
state of Andhra Pradesh. committee thereof.
• The rules however mandate that any notice should be
What is Parliamentary Privilege?
relating to an incident of recent occurrence and should
•P arliamentary privilege refers to the right and immunity
need the intervention of the House.
enjoyed by legislatures.
• Notices have to be given before 10 am to the Speaker or
• The legislators are granted protection against civil or
the Chairperson.
criminal liability for actions done or statements made
in the course of their legislative duties. What is the role of the Speaker/Rajya Sabha Chair?
• They are granted so that the MPs/MLAs can effectively •T he Speaker/RS chairperson is the first level of scrutiny
discharge their functions. of a privilege motion.
• The powers, privileges, and immunities of either House of • The Speaker/Chair can decide on the privilege motion
the Indian Parliament and of its members and committees himself or herself or refer it to the privileges committee
are laid down in Article 105 of the Constitution. of Parliament.
• Article 194 deals with the powers, privileges and immu- • If the Speaker/Chair gives consent under Rule 222, the
nities of the State Legislatures, their members and their member concerned is given an opportunity to make a
committees. short statement.
What is a Privilege Motion? What is the Privileges Committee?

•W hen any of the rights and immunities are disregarded, • I n the Lok Sabha, the Speaker nominates a committee of
the offence is called a breach of privilege and is punish- privileges consisting of 15 members as per respective
able under the law of Parliament. party strengths.
• A notice is moved in the form of a motion by any member • A report is then presented to the House for its consider-
of either House against those being held guilty of breach ation. The Speaker may permit a half-hour debate while
of privilege. considering the report.
• Each House also claims the right to punish as contempt • The Speaker may then pass final orders or direct that the
actions which, while not breach of any specific privilege, report be tabled before the House.
are offenses against its authority and dignity. • A resolution may then be moved relating to the breach of
privilege that has to be unanimously passed.
What are the rules governing privilege?
• In the Rajya Sabha, the deputy chairperson heads the
•R
ule No 222 in Chapter 20 of the Lok Sabha Rule Book
committee of privileges, which consists of 10 members.
and correspondingly Rule 187 in Chapter 16 of the Rajya
Sabha rulebook govern privilege.
25.2 E-Vidhan System for Paperless Legislation
A delegation of MLAs from Gujarat visited the UP Legisla- •N eVA aims for streamlining information related to various
tive Assembly to learn about the novel e-Vidhan system for state assemblies, and to eliminate the use of paper in day-
paperless proceedings that has been recently adopted by the to-day functioning.
UP state assembly. • PM Modi mentioned the idea of One Nation One Legis-
lative Platform in November 2021.
E-Vidhan System
• A digital platform not only gives the necessary technological
•T he National e-Vidhan Application (NeVA) is a system
boost to our parliamentary system, but also connects all
for digitising the legislative bodies of all Indian states
the democratic units of the country.
and the Parliament through a single platform.
• It includes a website and a mobile app. Has this been done elsewhere?
•T he house proceedings, starred/unstarred questions • Himachal Pradeshs Legislative Assembly implemented
and answers, committee reports etc. will be available on the pilot project of NeVA in 2014, where touch-screen
the portal. devices replaced paper at the tables of the MLAs.
• Nagaland became the first state to implement NeVA, • Though both Houses of Parliament have not gone fully
in March this year. digital yet, governments world over are heading towards
embracing the digital mode.
Significance of NeVA
• I n December last year, the Government of Dubai became
here has been a shift towards digitisation in recent
•T
the worlds first government to go 100 percent paperless.
years by the government.
• I t announced all procedures were completely digitised.
• This, as per a government statement, would cut expenditure
by USD 350 million and also save 14-million-man-hours.
25.3 Nominated Members in Rajya Sabha
Olympic sprinter PT Usha and music composer Ilaiyaraaja Constitutional provisions for nominated members
among others have been nominated to the Rajya Sabha in the • 80(1)(a) of Constitution of India makes provision for the
category of eminent persons nominated by the President. nomination of 12 members to the Rajya Sabha by the Pres-
ident of India in accordance with provisions of Arts.80(3).
Nominated Members in RS
• 80(3) says that the persons to be nominated as members
•T welve members are nominated to the RS by the Presi-
must be possessing special knowledge or practical expe-
dent of India for six-year term.
rience in respect of such matters as the following namely:
• This is for their contributions towards arts, literature,
Literature, science, art and social service.
sciences, and social services.
•T
his right has been bestowed upon the President according Powers and privileges of such members
to the Fourth Schedule under Articles 4(1) and 80(2) of nominated member enjoys all the powers and privi-
•A
the Constitution of India. leges and immunities available to an elected Member of
Parliament.
Normal composition
hey take part in the proceedings of the House as any
•T
• The present strength is 245 members of whom 233 are
other member.
representatives of the states and UTs and 12 are nominated
•N ominated members are however not entitled to vote in
by the President.
an election of the President of India.
• The Rajya Sabha is not subject to dissolution ; one-third
• They however have rights to vote in the vice presidential
of its members retire every second year.
election.
s per Article 99 of the Constitution, a nominated member

•A 2. While the nominated members of the two
Houses of the Parliament have no voting right in the
is allowed six months time should he join a political
presidential election, they have the right to vote in
party. the election of the Vice President.
Which of the statements given above is/are correct?
Try this PYQ: (a) 1 only
Consider the following statements: (b) 2 only
1. The Chairman and the Deputy Chairman of the (c) Both 1 and 2
Rajya Sabha are not the members of that House. (d) Neither 1 nor 2
25.4 What is Floor Test?
Bihar Chief Minister has won the floor test in the Assembly. •W hen the majority is not clear, the governor might call for
a special session to see who has the majority.
What is a floor test?
• The majority is counted based on those present and voting.
• A floor test is a measure to check whether the executive
This can also be done through a voice vote where the
is enjoying the confidence of the legislature.
member can respond orally or through division voting.
• I t is a constitutional mechanism under which a Chief
• Some legislators may be absent or choose not to vote.
Minister appointed by the Governo r can be asked to
• I n division vote, voting can be done through electronic
prove majority on the floor of the Legislative Assembly
gadgets, ballots or slips.
of the state.
• The person who has the majority will form the government.
How is it conducted? In case of tie, the speaker can also cast his vote.
•A s per the Constitution, the Chief Minister is appointed
Governors discretion
by the Governor of the state.
• When no party gets a clear majority, the governor can use
• When a single party secures the majority of the seats in
his discretion in the selection of chief ministerial candidate
the house, the Governor appoints the leader of the party
to prove the majority as soon as possible.
as the Chief Minister.
• In case the majority is questioned, the leader of the party Back2Basics: No Confidence Motion
which claims majority has to move a vote of confidence •T he process is explained under rule 198 of the Lok Sabha.
and prove majority among those present and voting. • Though there is no mention of the term No confidence
• The Chief Minister has to resign if they fail to prove their motion or floor test in the Constitution, Articles 75
majority in the house. and 164 do mention that the executive both at the Centre
• This happens both in the parliament and the state legis- and state is collectively responsible to their respective
lative assemblies. legislatures.
• In situations when there are differences within a coalition • Any member from the Opposition can move the no-confi-
government, the Governor can ask the Chief Minister to dence motion against the ruling government.
prove majority in the house. • The motion has to receive the backing of at least 50
members before it is accepted and subsequently.
What is composite floor test?
• A date for the discussion of the motion is announced by
here is another test, Composite Floor Test, which is con-
•T
the Speaker, which has to be within 10 days from the
ducted only when more than one person stakes claim
date of acceptance.
to form the government.
25.5 What is Adjournment Sine Die?
Both houses of the Parliament were adjourned sine die, six (3) Prorogation
days ahead of their schedule. •T he term prorogation means the termination of a session
of the House by an order made by the President under
Session of Parliament and Related Terminologies
Article 85(2)(a) of the Constitution.
• During a session, both the Houses meet almost daily bar-
• The prorogation terminates both the sitting and session
ring holidays to transact business be it to discuss a matter
of the House and is usually done within a few days after
of public matters, frame laws, amend laws, place Standing
the House is adjourned sine die by the presiding officer.
Committee reports and pass financial bills among others.
• The President issues a notification for the prorogation of
• The Houses are in session thrice a year : Budget Session
the session. However, the president can also prorogue the
(February to May); Monsoon Session (July to September);
House while in session.
and Winter Session (November to December).
• It must be noted that all pending notices except those for
Terminating the session introducing bills lapse.
• During a session of Parliament, usually, there are two sit-
(4) Dissolution
tings: morning sitting from 11 am to 1 pm and post-lunch
• Whenever a dissolution happens, it ends the very life of
sitting from 2 pm to 6 pm.
the existing House and a new House is constituted after
• The sitting of the Parliament in both the Houses can be
the General Elections.
terminated only by adjournment, adjournment sine
• However, only the Lok Sabha is subject to dissolution as
die, prorogation and dissolution (not applicable for
the Rajya Sabha, being a permanent House, is not subject
Rajya Sabha).
to dissolution. The dissolution of the Lok Sabha may take
• Technically, a session of the Parliament means the period
place in two ways:
between the first sitting of a House and its prorogation or
1. A utomatic dissolution: On the expiry of its tenure:
dissolution.
five years or the terms as extended during a national
• The period between the prorogation of a House and its
emergency.
reassembly in a new session is called a recess.
2. Order of President: If the President is authorised by the
(1) Adjournment sine die Council of Ministers, he or she can dissolve Lok Sabha,
•A djournment sine die means terminating a sitting of even before the end of the term. The president may also
Parliament for an indefinite period, that is, when the dissolve Lok Sabha if the Council of Ministers loses con-
House is adjourned without naming a day for reassembly, fidence and no party is able to form the government. Once
it is called adjournment sine die. the Lok Sabha is dissolved before the completion of its
• The power of adjournment sine die lies with the presiding normal tenure, the dissolution is irrevocable.
officer of the House.
Impact on legislation process
• However, the presiding officer of a House can call a sit-
• When the Lok Sabha is dissolved, all business including
ting of the House before the date or time to which it has
bills, motions, resolutions, notices and petitions that are
been adjourned or at any time after the House has been
pending before it or its committees lapse.
adjourned sine die.
•S ummoning: Summoning is the process of calling all
(2) Adjournment members of the Parliament to meet.
•A n adjournment results in the suspension of work in a sitting
When does a Bill lapse in Indian Parliament?
for a specified time, which may be hours, days or weeks.
Depending on the status of the pending legislation, and where
• In this case, the time of reassembly is specified as an ad-
it originated, there are certain cases in which the Bill lapses
journment only terminates a sitting and not a session
on dissolution of Assembly.
of the House.
• The power of adjournment lies with the presiding officer
of the House.
Bills originated in Lok Sabha When a Bill does not lapse

• Any Bill that originated in the Lok Sabha, but could not Not all Bills, which havent yet become law, lapse at the end
be passed, lapses. of the Lok Sabhas term.
• A Bill originated and passed by the Lok Sabha but pending •A Bill pending in the Rajya Sabha, but not passed by the
in the Rajya Sabha also lapses Lok Sabha, does not lapse.
• A Bill passed by both the Houses but pending assent of
Bills originated in Rajya Sabha
the President of India, does not lapse.
•T he Constitution also gives MPs in Rajya Sabha the power
• A Bill passed by both Houses but returned by the Pres-
to introduce a Bill.
ident of India for reconsideration of the Parliament
•T herefore a Bill that originated in Rajya Sabha and
does not lapse.
was passed by it, but remains pending in Lok Sabha
• Some pending Bills and all pending assurances that are
also lapses.
to be examined by the Committee on Government As-
• A Bill originated in the Rajya Sabha and returned to that
surances also does not lapse on the dissolution of the
House by the Lok Sabha with amendments and still
Lok Sabha.
pending in the Rajya Sabha on the date of the dissolution
of Lok Sabha lapses.
26. INTERSTATE RIVER WATER DISPUTE
26.1 Mullaperiyar Dam Issue

land to mobilize money to fund the project! People of
the region fondly name their children under his name
a remark of reverence.
Mullaperiyar Dam
What is the issue:

The Supreme Court has told Tamil Nadu and Kerala that it
was not there to administer the dam when a supervisory com-
mittee was already in place to examine the issue of safety of
the Mullaperiyar Dam and the management of its water level.
Do you know?
The Mullaperiyar dam islocated in Kerala on the river

Periyarbut is operated and maintained by the neigh-
bouring state of Tamil Nadu.John Pennycuick(the
architect of this dam) sold his family property in Eng-
• It is a masonry gravity dam on the Periyar River in Kerala.
• I t is located on the Cardamom Hills of the Western Ghats •T he Periyar is the longest river in the state of Kerala with
in Thekkady, Idukki District. a length of 244 km.
• It was constructed between 1887 and 1895 by John Pen- • It is also known as Lifeline of Kerala as it is one of the few
nycuick (who was born in Pune) and also reached in an perennial rivers in the state.
agreement to divert water eastwards to the Madras Pres- • It originates from Sivagiri hills of Western Ghats and flows
idency area. through the Periyar National Park.
• It has a height of 53.6 m (176 ft) from the foundation, and • The main tributaries of Periyar are Muthirapuzha, Mullayar,
a length of 365.7 m (1,200 ft). Cheruthoni, Perinjankutti.
Back2Basics: Periyar River
26.2 Krishna Water Allocation Dispute
What is the issue

The Supreme Court has asked if the States of Telangana,
Andhra Pradesh, and Karnataka could amicably settle their
quarrel over the allocation of the Krishna river water.
Krishna River Dispute

•T he Krishna is an east-flowing river that originates at
Mahabaleshwar in Maharashtra and merges with the
Bay of Bengal, flowing through Maharashtra, Karnataka,
Telangana, and AP.
• Together with its tributaries, it forms a vast basin that
covers 33% of the total area of the four states.
dispute over the sharing of Krishna waters has been

•A •A ndhra Pradesh has since asked that Telangana be in-
ongoing for many decades, beginning with the erstwhile cluded as a separate party at the KWDT and that the
Hyderabad and Mysore states, and later continuing be- allocation of Krishna waters be reworked among four
tween successors. states, instead of three.
• Maharashtra and Karnataka are now resisting this move
Krishna Water Disputes Tribunal
since Telangana was created following the bifurcation of
• I n 1969, the Krishna Water Disputes Tribunal (KWDT)
Andhra Pradesh.
was set up under the I nter-State River Water Dispute
• Therefore, the allocation of water should be from Andhra
Act, 1956, and presented its report in 1973.
Pradeshs share which was approved by the tribunal.
• The report, which was published in 1976, divided the 2060
TMC (thousand million cubic feet) of Krishna water at 75 Why in news?
percent dependability into three parts. • The observations came after the Centre complained that
• It was 560 TMC for Maharashtra, 700 TMC for Karnataka, Punjab had refrained from coming to the negotiating table
and 800 TMC for Andhra Pradesh. to engage in talks with Haryana over the issue.
• At the same time, it was stipulated that the KWDT order • The construction of Punjabs portion of the canal had led
may be reviewed or revised by a competent authority or to militant attacks in the 1980s.
tribunal any time after May 31, 2000. • The issue had also been a political thorn for successive
• Afterward, as new grievances arose between the states, the governments in Punjab, so much so that it led to the States
second KWDT was instituted in 2004. unilateral enactment of the controversial Punjab Termi-
• It delivered its report in 2010, which made allocations of the nation of Water Agreements Act of 2004.
Krishna water at 65 percent dependability and for surplus • This law was, however, struck down by a Constitution
flows as follows: 81 TMC for Maharashtra, 177 TMC for Bench in 2016, dashing the hopes of Punjabs farmers to
Karnataka, and 190 TMC for Andhra Pradesh. reclaim lands acquired for the SYL canal project.
Row over the share About Sutlej-Yamuna Link (SYL) Canal

•S
atluj Yamuna Link Canal or SYL as it is popularly known,
is an under-construction 214-kilometer long canal in
India to connect the Sutlej and Yamuna rivers.
What is the SYL canal issue?

• At the time of reorganization of Punjab in 1966, the is-
sue of sharing of river waters between both the states
emerged.
unjab refused to share waters of Ravi and Beas with
•P
Haryana stating it was against the riparian principle.
•B efore the reorganization, in 1955, out of 15.85 MAF of Ravi
and Beas, the Centre had allocated 8 MAF to Rajasthan,
7.20 MAF to undivided Punjab, 0.65MAF to Jammu and
Kashmir.
• Out of 7.20 MAF allocated, Punjab did not want to share
any water with Haryana.
• In March 1976, when the Punjab Reorganization Act was
implemented, the Centre notified fresh allocations, pro-
viding 3.5 MAF To Haryana
Water crisis in Punjab •T he approval from MoEFCC is crucial because 63% of

• Punjab is facing severe water crisis due to over-exploita- the forest area of theCauvery Wildlife Sanctuarywill
tion of its underground aquifers for the wheat/paddy be submerged.
monocycle. • In 2018, Tamil Nadu approached the Supreme Court (SC)
• According to the Central Underground Water Authoritys against the project even if Karnataka had held that it
report, its underground water is over-exploited to meet would not affect the flow of water to Tamil Nadu.
the agriculture requirements in about 79 per cent area of • In June 2020, during the Cauvery Water Management
the state. Authority s meeting, Tamil Nadu reiterated its opposi-
• Out of 138 blocks, 109 are over-exploited, two are critical tion to the project.
five are semi-critical and only 22 blocks are in safe category.
What is the issue Back to Basics: IWRD Act

The Mekedatu march has been launched for the implemen- • The IWRD Act, 1956 aims to resolve the water disputes
tation of a project to build a reservoir on the Cauvery at that would arise in the use, control and distribution of an
Mekedatu near the Tamil Nadu border. interstate river or river valley.
• Article 262 of the Indian Constitution provides a role for
What is the Mekedatu Project?
the Central government in adjudicating conflicts sur-
•T he Rs. 9,000 crore project aims to store and supply water
rounding inter-state rivers that arise among the state/
for drinking purposes for the Bengaluru city. Around
regional governments.
400 megawatts (MW) of power is also proposed to be
• This act is confined to states of India and not applicable
generated through the project.
to union territories.
• It was first approved by the Karnataka state government
• Only concerned state governments are entitled to partic-
in 2017.
ipate in the tribunal adjudication and non-government
• It received approval from the erstwhile Ministry of Water
entities are not permitted.
Resources for the detailed project report and is awaiting
approval from the Ministry of Environment, Forest and Jurisdictions over Rivers
Climate Change (MoEFCC). •R
iver waters use / harnessing is included in states
jurisdiction.
•H owever, Union government can make laws on regulation •A fter receiving a complaint from a state, the Union gov-
and development of inter-State rivers and river valleys ernment first tries to mediate. It is only when negotiations
to the extent such water resources are directly under its fail that the Centre is required to form a tribunal to
control when expedient in the public interest. adjudicate the dispute.
• When union government wants to take over a interstate river • If a State Government makes a request regarding any water
project under its control by law, it has to take approval of the dispute and the Central Government is of opinion that the
riparian states’ legislature assemblies before passing such water dispute cannot be settled by negotiations, then a
bill in the Parliament per Article 252 of the constitution. Tribunal is constituted.
•W hen public interest is served, President may also es-
Constitution of Tribunal
tablish an interstate council as per Article 263 to inquire
• Whenever the riparian states are not able to reach am-
and recommend on the dispute that has arisen between
icable agreements on their own in sharing of an inter-
the states of India.
state river waters, section 4 of IRWD Act provides for
a Tribunal.
he tribunal shall not only adjudicate but also investigate
•T
the matters referred to it by the central government and
forward a report setting out the facts with its decisions.
he tribunal responsibility is not limited to adjudication
•T
of issues raised by the concerned states and but investi-
gation of other aspects such as water pollution, water
quality deterioration, flood control etc.
Time-frame for dispute resolution

• The tribunals have been allotted three years to arrive at
a final decision, extendable by two years.
he 2002 Amendment to the ISWD Act specified a one-year
•T
limit on the timeline allowed to carry out the process
of dispute resolution.
Active tribunals in India

•R
avi & Beas Water Tribunal (1986) Punjab, Haryana,
Rajasthan
•K
rishna Water Disputes Tribunal II (2004) Karnataka,
Telangana, Andra Pradesh, Maharashtra
•M
ahadayi Water Disputes Tribunal (2010) Goa,Karna-
taka, Maharashtra
Resolution of disputes
• Vansadhara Water Disputes Tribunal (2010) Andra
• Dispute resolution is a layered process, as mandated by
Pradesh & Odisha
the ISWD Act.
• Mahanadi Water Disputes Tribunal (2018) Odisha &
Chattisgarh
27. J&K – THE ISSUES AROUND THE STATE
27.1 Kashmir Voters’ List Upgrade to include Non-Locals
Kashmir Voters List Upgrade to include Non-Locals Re- Why are electoral rolls being revised?
cently the J&K Chief Electoral Officer (CEO)announced • The ECI is working on fresh electoral rolls in J&K after
that anyone who is living ordinarily in J&K can avail the the J&K Delimitation Commission carved out seven
opportunity to get enlisted as a voter in the Union Territory new Assembly constituencies in the UT earlier this year.
in accordance with the provisions of the Representation • The Delimitation Commission has re-drawn many con-
of the People Act. stituencies and fresh electoral rolls are essential to prepare
the ground for any announcement of elections in J&K.
Why in news?
• The last Assembly elections took place long back in 2014.
•M any people who were not enlisted as voters in the erst-
• In a latest move, the ECI has decided that it will also include
while State of J&K are now eligible to vote after the
any person who has attained the age of 18 years on or
reading down of Article 370 on August 5, 2019.
before October 1, 2022 in the fresh electoral rolls.
• The Election Commission of India (ECI) was expecting an
• The final electoral roll would be published in November.
addition of 20-25 lakh new voters in the final list in J&K.
• This has created furore among the out-streamed politicians Why such move?
of the erstwhile state. •P rior to August 5, 2019 when J&K had special constitution-
al powers, the Assembly electoral rolls in the State were
What did the EC announce?
drawn up according to the separate J&K Representation
•T here is no need to have a domicile certificate of J&K
of the People Act 1957.
to become a voter.
•T herein only permanent residents of J&K were eligible
• An employee, a student, a labourer or anyone from outside
to get registered in the Assembly rolls.
who is living ordinarily in J&K can enlist his or her name
• To get voting rights, Permanent Resident Certificate and
in the voting list.
domicile certificates had to be shown.
• Around 25 lakh new voters are expected to be enrolled in
• Several lakh residents from West Pakistan and Pakistan
J&K, which has 76 lakh voters on the list. The projected
Occupied Kashmir, who had migrated to J&K and were
18-plus population of J&K was around 98 lakh.
living there for decades,
•A fter the abrogation of special provisions of Article 370,
• They had no voting rights in Assembly elections till
the Representation of the People Act 1950 and 1951 is
August 5, 2019 but were able to vote in the parliamentary
applicable in J&K, which allows ordinarily residing persons
elections.
to get registered in the electoral rolls of J&K.
Back to Basics:
New Voters in J&K
•A
rmed forces posted in J&K could also register as voters
and could possibly participate in the first ever Assembly
polls in the youngest Union Territory (UT) of the country.
he existing electoral roll is being mapped into the
•T
newly delimited Assembly constituencies as per the
Delimitation Commissions final order made applicable
by the Union Law Ministry.
The Jammu and Kashmir Delimitation Commissionhas Next step: Assembly polls
notified thenew boundaries, names and number of Assem- •W ith the final order now notified, all eyes will be on the
bly constituencies in Jammu and Kashmir,paving the way EC and the Union government regarding the timing of
for the first-ever Assembly election in the Union Territory. Assembly elections.
• Though mainstream parties in the Valley have criticised
Delimitation in J&K
the report, it is likely that this will make space for political
• Assembly seats in J&K were delimited in 1963, 1973 and
engagement in the UT.
1995.
• Prior to August 5, 2019, carving out of J&Ks Assembly seats What changes have been made?
was carried out under the J&K Constitution and Jammu • ASSEMBLY: The Commission has increased seven Assem-
and Kashmir Representation of the People Act, 1957. bly seats six in Jammu (now 43 seats) and one in Kashmir
• Until then, the delimitation of Lok Sabha seats in J&K was (now 47). It has also made massive changes in the structure
governed by the Constitution of India. of the existing Assembly seats.
• However, the delimitation of the states Assembly was gov- • LOK SABHA: The Commission has redrawn the boundaries
erned by the J&K Constitution and J&K Representation of Anantnag and Jammu seats. Jammus Pir Panjal region,
of the People Act, 1957. comprising Poonch and Rajouri districts and formerly
• There was no census in the state in 1991 and hence no part of Jammu parliamentary seat, has now been added to
Delimitation Commission was set up by the state until Anantnag seat in Kashmir. Also, a Shia-dominated region of
2001 census. Srinagar parliamentary constituency has been transferred
to Baramulla constituency, also in the Valley.
Why is it in the news again?
• KASHMIRI PANDITS: The Commission has recommended
• After the abrogation of J&Ks special status in 2019, the
provision of at least two members from the community of
delimitation of Lok Sabha and Assembly seats in the
Kashmiri Migrants (Kashmiri Hindus) in the Legislative
newly-created UT would be as per the provisions of the
Assembly.
Indian Constitution.
• Seats for POK migrants: It has also recommended that
• On March 6, 2020, the government set up the Delimitation
Centre should consider giving representation in the J&K
Commission, headed by retired Supreme Court judge
Legislative Assembly to the displaced persons from Pa-
Ranjana Prakash Desai, which was tasked with winding
kistan-occupied Kashmir, who migrated to Jammu after
up delimitation in J&K in a year.
Partition.
•A s per the J&K Reorganization Bil l, the number of As-
sembly seats in J&K would increase from 107 to 114,
which is expected to benefit the Jammu region.
28. PRESIDENT’S RULE
28.1 What is Article 355 of Indian Constitution?
What is the issue he petitioner has asked for the imposition of Article 355
•T
Citing post-poll violence inBirbhum district, West Bengal, on account of the breakdown of constitutional machinery.
many political leaders have urged the president to invoke-
Article 355 of the Constitutionto ensure that the state
• Article 355 refers to the provision in the Constitution that
government functions in accordance with the provisions of
states that It shall be the duty of the Union to protect
the Constitution.
every State against external aggression and internal
disturbance and to ensure that the government of every e can take all other necessary steps including the sus-
•H
State is carried on in accordance with the provisions pension of the constitutional provisions relating to any
of this Constitution. body or authority in the state.
• The Article 355 is part of emergency provisions contained
Back to Basics: National Emergency
in Part XVIII of the Constitution of India, from Article
national emergency can be declared on the basis of war,
•A
352 to 360.
external aggression or armed rebellion. The Constitution
What is the Relation between Article 356 and Article employs the expression proclamation of emergency to
355? denote an emergency of this type.
• I t is this duty in the performance of which the centre takes
Grounds of declaration:
over the government of a state under Article 356 in case
• Under Article 352, the president can declare a national
of failure or breakdown of constitutional machinery
emergency when the security of India or a part of it is
in a state.
threatened by war or external aggression or armed rebellion.
• This is popularly known as Presidents Rule.
•T he President can declare a national emergency even
• Scope of judicial review: The 38thAmendment act of
before the actual occurrence of war or armed rebellion
1975 made the satisfaction of the President in invoking
or external aggression
Article 356 final and conclusive which would not be
• When a national emergency is declared on the grounds
challenged in any court on any ground. But, this provision
of war or external aggression, it is known as External
was subsequently deleted by the 44thAmendment Act of
Emergency.
1978 implying that the satisfaction of the President is not
• On the other hand, when it is declared on the grounds of
beyond judicial review.
armed rebellion, it is known as Internal Emergency.The
Grounds of imposition: term armed rebellion is inserted from the 44thamendment.
The presidents ruler can be proclaimed under Article 356 Before this term it was known as internal disturbance.
on two grounds:
Financial Emergency
• Article 356 empowers the President to issue a proc-
• Grounds of declaration: Article 360 empowers the pres-
lamation if he is satisfied that a situation has arisen in
ident to proclaim a Financial Emergency if he is satisfied
which the government of a state cannot be carried on
that a situation has arisen due to which the financial
in accordance with the provisions of the constitution.
stability or credit of India or any part of its territory
•A rticle 365 says that whenever a state fails to comply
is threatened.
with or to give effect to any direction from the centre,
it will be lawful for the President to hold that a situation Emergencies v/s Fundamental Rights
has arisen in which the government of the state cannot •S uspension of Fundamental rights under Article 19:
be carried on in accordance with the provisions of the According to Article 358, when a proclamation of National
constitution. Emergency is made, the six fundamental rights under
• Parliamentary approval and duration : A proclamation Article 19 are automatically suspended.
imposing the president’s rule must be approved by both •S uspension of other Fundamental Rights: Under Article
the houses ofparliamentwithin two months from the 359, the President is authorized to suspend, by order, the
date of its issue. right to move any court for the enforcement of Fundamental
Rights during a National Emergency.
Consequences of the Presidents rule:
• However, it should be noted that Fundamental Rights
The President acquires the following extraordinary powers
are not affected during Presidents Rule and Financial
when the Presidents rule is imposed in a state:
Emergency.
•H e can take up the functions of the state government
and powers vested in the governor or any other executive
authority in the state.
• He can declare that the powers of the state legislature
are to be exercised by the parliament.
29. AADHAAR CARD ISSUES
29.1 Concerns around Aadhaar-Voter ID linkage
Reports have surfaced online of instances where block level o that extent, the limited element of choice that has been
•T
officers have asked individuals to link their Aadhaar with their incorporated in the amendments seem to be negated or at
Voter IDs, failing which their Voter IDs could be cancelled. the very least thrown into confusion.
What is the news? Why there is such proposal for linking?

•T his comes in the aftermath of the Election Commissions The preference to use Aadhaar for verification and authen-
(EC) campaign to promote the linkage of Voter ID and tication, both by the state and private sector, stems from
Aadhaar that began on August 1. few reasons:
• In the first ten days since its launch, the campaign saw al- • Increase in UID-holders: First, at the end of 2021, 99.7%
most 2.5 crore Aadhaar holders voluntarily submitting of the adult Indian population had an Aadhaar card.
their details to the EC. • Most versatile document: This coverage exceeds that of
any other officially valid document such as drivers licence,
Aadhaar-Voter ID linkage: Why does the government
ration cards, PAN cards etc. that are mostly applied for
want this?
specific purposes.
•T he EC conducts regular exercises to maintain an updated
•R eliable source of authentication: Since Aadhaar allows
and accurate record of the voter base.
for biometric authentication, Aadhaar based authentication
• A part of this exercise is to weed out duplication of voters.
and verification is considered more reliable, quicker and
• There have been migrant workers who may have been
cost efficient when compared to other IDs.
registered more than once on the electoral rolls in different
constituencies or for persons registered multiple times Issues with mandatory linking: Puttaswamy judgment
within the same constituency. highlights
• As per the government, linkage of Aadhaar with voter IDs • Puttaswamy judgment: The above reasons do not suffice
will assist in ensuring that only one Voter ID is issued per the mandating of Aadhaar except in limited circumstances
citizen of India. as per the Puttaswamy judgment.
• I ndispensability of the purpose: It needs to be considered
Is the linking of Aadhaar with ones Voter ID mandatory?
whether such mandatory linkage of Aadhaar with Voter ID
• In December 2021, Parliament passed the Election Laws
would pass the test of being necessary and proportionate to
(Amendment) Act, 2021.
the purpose of de-duplication which is sought to be achieved.
• This was to amend the Representation of the People
• Constitutional ambiguity: In Puttaswamy, one of the
Act, 1950 and Section 23(4) was inserted in the RP Act.
questions that the Supreme Court explored was whether
• It states that the electoral registration officer may re-
the mandatory linking of Aadhaar with bank accounts was
quire voters to furnish their Aadhaar numbers to verify
constitutional or not.
Authencity of voters list.
• Against informational autonomy: It is the right to privacy
Why is it making headlines now? which would allow a person to decide which official docu-
•T here has been the use of discretionary language through- ment they want to use for verification and authentication.
out the amendments.
Other judicial observations: Lal Babu Hussein (1995)
• This has been accompanied by assurances that linkage
Case
is optional by both the government and the EC.
• The Supreme Court had held that the Right to vote cannot
• Alternative is provided to only who does not have an Aad-
be disallowed by insisting only on four proofs of identity.
haar number.
• The voters are entitled to rely on any other proof of identity
and obtain the right to vote.
What are the operational difficulties? •D

isenfranchisement of existing voters: Errors have
• Aadhaar is not a citizenship proof: The preference to led to the disenfranchisement of around 30 lakh voters in
Aadhaar for the purposes of determining voters is puzzling AP and Telangana before the Supreme Court stalled the
as Aadhaar is only a proof of residence and not a proof of process of linkage.
citizenship.
Key concern: Right to Privacy
• Excluding non-citizens is not easy: Verifying voter iden-
•S ome civil societies has highlighted that linking of the two
tity against this will only help in tackling duplication but
databases of electoral rolls and Aadhaar could lead to the
will not remove voters who are not citizens of India from
linkage of Aadhaars demographic information with
the electoral rolls.
voter ID information.
•E stimate of error rates in biometric based authentica-
• This could lead to violation of the right to privacy and
tion: This certainly differs. As per the UIDAI in 2018, Aad-
surveillance measures by the state.
haar based biometric authentication had a 12% error rate.
• This would leave the EC with the option of verifying its
information only through door-to-door checks.
• There is a lack of enforceable data protection principles
that regulate how authentication data will be used.
30. ELECTORAL REFORMS IN INDIA
30.1 Election Campaign Funding by Political Parties
What is the issue: •G

oa, Arunachal Pradesh, Sikkim and a few Union Territories
With several Assembly elections coming up, the issue of ( AGMUT states ) based on the size of their constituencies
campaigning is back on the track. Campaign funding reforms and population, have a lower ceiling on poll expenditure.
are one of the biggest issues in electoral reforms worldwide.
How are such ceilings made?
Caps on Election Expenditure •S uch changes are made by amending the Conduct of Elec-
The Election Commission of India (ECI) imposes limits on tions Rules.
campaign expenditure incurred by a candidate and not po- • The last time the expenditure ceiling was enhanced was
litical parties. The ceiling on poll expenditure varies across in 2014 just ahead of the Lok Sabha polls.
States:
What happens when expenditure exceeds the limit?
(a) Bigger states •C ontesting candidates are required to file a mandatory
•W ith candidates in Assembly Elections in bigger states true account of election expenses with the EC.
like Bihar, Uttar Pradesh, and Tamil Nadu now allowed to • An incorrect account or expenditure beyond the ceiling can
spend up to 40L (from 30.8 lakhs as against 28 lakhs earlier.) attract disqualification for up to three years as per Section
• For a candidate contesting a Lok Sabha Poll in these States, 10A of The Representation of the People Act, 1951.
the revised ceiling on poll expenditure is now 90lakh (77
What doesnt account to Election expenditure?
lakhs earlier).
•T
he expenditure incurred by leaders of a political party on
(b) Smaller states account of travel by air or by any other means of transport
hile the enhanced ceiling for a Lok Sabha candidate is now
•W for propagating programme of the political party is not
75Lakh (Earlier 59.4 lakhs) those contesting an Assembly considered to be the election expenditure.
can spend up to 28 Lakh( earlier 22 lakhs.)
•A
ny expenditure which is done for service of the Govern- 327
ment and discharge of official duty is also not considered Power of Parliament to make provision with respect to elec-
to be election expenditure. tions to Legislatures.
Back to Basics: Election Commission of India 328

•T he Election Commission of India is an autonomous con- Power of Legislature of a State to make provision with respect
stitutional authority responsible for administering Union to elections to such Legislature.
and State election processes in India.
329
• The body administers elections to the Lok Sabha, Rajya
Bar to interference by courts in electoral matters.
Sabha, and State Legislative Assemblies in India, and the
•O riginally the commission had only one election commis-
offices of the President and Vice President in the country.
sioner but after the Election Commissioner Amendment
• Part XV of the Indian constitution deals with elections,
Act 1989, it has been made a multi-member body.
and establishes a commission for these matters.
• The commission consists of one Chief Election Commis-
• The Election Commission was established in accordance
sioner and two Election Commissioners.
with the Constitution on 25th January 1950.
• At the state level election commission is helped by Chief
Articles related to Elections Electoral Officer who is an IAS rank Officer.
• The President appoints Chief Election Commissioner and
324
Election Commissioners.
Superintendence, direction and control of elections to be
• They have a fixed tenure of six years, or up to the age of 65
vested in an Election Commission.
years, whichever is earlier.
325 • They enjoy the same status and receive salary and perks as
No person to be ineligible for inclusion in, or to claim to be available to Judges of the Supreme Court of India.
included in a special, electoral roll on grounds of religion, • The Chief Election Commissioner can be removed from
race, caste or sex. office only through a process of removal similar to that of
a Supreme Court judge for by Parliament.
326 • Removal requires a special majority of 2/3rd members
Elections to the House of the People and to the Legislative present and voting supported by more than 50% of the
Assemblies of States to be on the basis of adult suffrage.
total strength of the house.
30.2 The move to ease Voting for Overseas Citizens
What is the issue: How can overseas voters currently vote in Indian elec-
The Union Government was exploring the possibility of tions?
allowing online voting for non-resident Indians (NRI). • After the passing of the Representation of the People
• The Law Ministry in November 2020 decided to extend (Amendment) Act, 2010, eligible NRIs who had stayed
the facility of postal ballots to eligible NRIs for the var- abroad beyond six months have been able to vote, but only in
ious State Assembly elections to be held in 2021. person at the polling station where they have been enrolled
• The ECI then, had proposed amending the Conduct of as an overseas elector.
Election Rules, 1961, in order to allow this facility. • Just as any resident Indian citizen above the age of 18 years)
is eligible to vote in the constituency where she/he is a
resident, overseas Indian citizens are also eligible to do so.
• In the case of overseas voters, their address mentioned in
the passport is taken as the place of ordinary residence and
chosen as the constituency for the overseas voter to enroll in.
What is ETPBS and how does it function? •A person living in India for a total of 365 days during the
• The Conduct of Election Rules, 1961 was amended in 2016 previous four financial years and a minimum of 60 days
to allow service voters to use the ETPBS. during the last financial years is considered a citizen for
• Under this system, postal ballots are sent electronically a particular year.
to registered service voters. • Now an NRI or a non-resident of India is eligible to pay
• The service voter can then download the ETPB (along charges for only the first two situations, which means either
with a declaration form and covers), register their man- the income received or earned in India.
date on the ballot and send it to the returning officer of the • Therefore, the NRI status also influences the enjoyable
constituency via ordinary mail. rights of that person.
• The post will include an attested declaration form (after
Overseas Citizen of India (OCI)
being signed by the voter in the presence of an appointed
•O CI is a card issued by the government of India that denotes
senior officer who will attest it).
that a non-resident or foreigner has been permitted to stay
• The postal ballot must reach the returning officer by 8
and work within Indian boundaries.
a.m. on the day of the counting of results.
• Hence, this card provides foreigners with an immigration
• In the case of NRI voters, those seeking to vote through
status without any limited tenure.
ETPBS will have to inform the returning officer at least
• There are cases where PIOs of specific categories are allowed
five days after notification of the election.
for OCI cards that have migrated from India to foreign
Back2Basics: NRI vs OCI countries (except Pakistan and Bangladesh) if the other
government agrees for dual citizenship.
Non-Resident Indian (NRI)
• An individual holding an OCI card can be an overseas citizen
•T o mention it, NRI is someone who is not a resident of India.
of India in the layman’s language.
• However, the law is much more complicated and must be
• So an OCI is not a citizen of India, but the Indian govern-
delved deeper to gain an inclusive insight into the sector.
ment has given the cardholder permission to reside and
• A person is considered a resident of India if he/she has
work within the boundaries of India.
been staying in India for a minimum tenure of 182 days
• Residents migrating from Pakistan and Bangladesh are not
during the previous financial year of a particular year. OR
eligible for holding the OCI card. Even if their parents are
citizens of both countries, the applicants will be denied
having an OCI card.
30.3 Who exactly counts your Vote after polling?
For a country like India where each individual constituency •T he location(s) for counting votes is decided by the Re-
can have lakhs of voters, counting votes is a complex process turning Officer (RO), with multiple centres in assembly
that requires both pace and precision. segments being under the supervision of the Assistant
Returning Officers (ARO).
Where are the Votes counted?
• In counting centres, ideally all votes are counted in one big
• Ideally, all votes should be counted in one location in the
hall having multiple tables.
constituency.
• However, if the RO feels there is a risk of overcrowding,
• However, during General Elections, when seats are larger
more rooms may be opened up after permission from the
with multiple Assembly constituencies, many counting
Election Commission (EC).
centres can be appointed, depending on the number of votes
that need to be counted. Role of Returning Officer
•T
he RO is appointed for each constituency by the Election
Commission.
•D uring the duration of the election, the RO is the highest •O n each table, there is a counting supervisor and up to
authority in the constituency having a wide range of powers two assistants who do the actual counting.
in order to peacefully and impartially conduct elections. • They should be gazetted officers and are appointed by
• With respect to counting of votes, the RO has the following the RO.
duties: • They receive specific training pertaining to the tasks they
1. T o designate the counting centres and get them ap- are expected to undertake.
proved by the Commission well in advance; • For instance, for those counting postal ballots, the training
2. To send notice to the candidates about the place, date is different from that received for counting EVM votes.
and time of counting of votes;
Observers in the counting process
3. To appoint and train counting staff;
• The EC appoints observers at each counting room, who
4. To count the votes and declare the result.
are supposed to record the proceedings and file a report.
• ROs themselves do not count all votes but verify the counting
• They are generally employees of the GoI, and are tasked
at multiple stages and announce the results.
with the duty to oversee overall functioning of the elec-
• They are the final authority in the matter of vote counting
tion apparatus.
in an election.
• Candidates who were on the ballot are also allowed in
Supervision of the process the counting room along with their representatives.
• A counting room will have multiple counting tables with • All parties and candidates send counting agents in order
each counting a set number of postal ballots/EVMs on a to ensure that votes are counted fairly and according
round-to-round basis. to procedure, and lodge complaints, if any.
30.4 Delimitation exercise in Assam
The Election Commission is set to begin the delimitation How is delimitation carried out?
exercise of Assembly and parliamentary constituencies • Delimitation is carried out by an independent Delimita-
in Assamusing census figures of 2001. tion Commission (DC).
• Under Article 82, the Parliament enacts a Delimitation
Why discuss this?
Act after every Census.
•T
he last delimitation of constituencies in Assam was done
• Once the Act is in force, the Union government sets up a
on the basis of census figures of 1971 by the then Delimi-
DC made up of a retired Supreme Court judge, the Chief
tation Commission in 1976.
Election Commissioner and the respective State Elec-
What is Delimitation? tion Commissioners.
•D elimitation is the act of redrawing boundaries of an
Terms of reference for DC
Assembly or Lok Sabha seat to represent changes in
•T he Commission is supposed to determine the number and
population over time.
boundaries of constituencies in a way that the population
• This exercise is carried out by a Delimitation Commission,
of all seats, so far as practicable, is the same.
whose orders have the force of law and cannot be ques-
• The Commission is also tasked with identifying seats
tioned before any court.
reserved for Scheduled Castes and Scheduled Tribes ;
Why is it needed? these are where their population is relatively large.
•T he objective is to redraw boundaries (based on the data of • All this is done on the basis of the latest Census and, in
the last Census) in a way so that the population of all seats, case of difference of opinion among members of the Com-
as far as practicable, be the same throughout the State. mission, the opinion of the majority prevails.
• Aside from changing the limits of a constituency, the process
may result in a change in the number of seats in a state.
Implementation •P ointing out that the first delimitation had left many po-
• The draft proposals of the DC are published in the Gazette litical parties and individuals unhappy, the EC advised the
of India, official gazettes of the states concerned and at government that all future exercises should be carried out
least two vernacular papers for public feedback. by an independent commission.
• The Commission also holds public sittings. • This suggestion was accepted and the DC Act was enacted
• After hearing the public, it considers objections and sug- in 1952.
gestions, received in writing or orally during public sittings, • DCs have been set up four times 1952, 1963, 1973 and 2002
and carries out changes, if any, in the draft proposal. under the Acts of 1952, 1962, 1972 and 2002.
• The final order is published in the Gazette of India and
Why postponed till 2026?
the State Gazette and comes into force on a date specified
•T here was no delimitation after the 1981 and 1991 Cen-
by the President.
suses.
How often has delimitation been done in the past? • Although th e freeze on the number of seats in Lok Sabha
• The first delimitation exercise in 1950-51 was carried and Assemblies should have been lifted after the 2001
out by the President (with the help of the Election Com- Census, another amendment postponed this until 2026.
mission ). • This was justified on the ground that a uniform population
• The Constitution at that time was silent on who should growth rate would be achieved throughout the country
undertake the division of states into Lok Sabha seats. by 2026.
•T
his delimitation was temporary as the Constitution man- • So, the last delimitation exercise started in July 2002
dated r edrawing of boundaries after every Census. and completed on May 31, 2008 was based on the 2001
Hence, another delimitation was due after the 1951 Census. Census and only readjusted boundaries of existing Lok
Sabha and Assembly seats and reworked the number of
reserved seats.
31. SPECIAL CATEGORY STATUS AND STATES
31.1 AP approaches SC over Three Capitals Issue
After much discontent on the High Court (HC) verdict in Concerns raised by AP government
the three capitals case, the Andhra Pradesh government has • AP contended that the judgement was in violation of the
finally challenged it in the Supreme Court through a special basic structure of the Constitution as the HC cannot
leave petition (SLP). hold that the State does not have the powers to decide on
its capital.
APs move for three capitals
• The judgement was against the doctrine of separation of
•A P had introduced a Three Capitals Act titled Andhra
powers as itsought to preempt the legislature from taking
Pradesh Decentralisation and Inclusive Development
up the issue (of three capitals).
of All Regions Act, 2020.
• Further, it is argued that under the federal structure of the
• Thus, it was decided that:
Constitution, every State has an inherent right to determine
1. Amaravati was to be the Legislative capital
where it should carry out its capital functions from.
2. Visakhapatnam the Executive capital and
3. Kurnool the Judicial capital
• However, the Andhra Pradesh High Courtrepealed this Act
citing that the legislature has no competence to enact any
law for shifting the three organs of the capital.
Reasons for APs consideration (3) Decentralisation

• This idea was elaborately described in the Sri Bagh pact.
(1) Viable option of Visakhapatnam
•T
he pact clearly defined decentralisation, for the benefit of
•V izag always had been the biggest city, after Hyderabad,
all three main regions such as Coastal AP, Godavari and
even in the combined State.
Krishna districts and Rayalaseema.
• It has all the settings to become a good living space.
Examples of multi-capital states in India
(2) Sri Krishna panel recommendations
•A mong Indian states, Maharashtra has two capitals Mum-
•T he advantages and qualities of Visakhapatnam to become
bai and Nagpur (which holds the winter session of the
the capital was elaborately deliberated by the Sri Krishna
state assembly).
Committee to study the alternatives for a new capital for
• Himachal Pradesh has capitals at Shimla and Dharam-
the State of Andhra Pradesh.
shala (winter).
• Coming to suggestion for the alternative capital, the Com-
• The former state of Jammu & Kashmir had Srinagar and
mittee primarily took up three things for consideration
Jammu (winter) as capitals whereDarbar Movehttps://
creation of single city or super city in greenfield location,
www.civilsdaily.com/news/what-is-durbar-move/ is car-
expanding existing cities and distributed development.
ried out.
32. GOODS AND SERVICES TAX (GST)
32.1 What is the GST Council, what does it do?
The 47th meeting of the Goods and Services Tax Council- Why was the Council set up?
began in Chandigarh, almost marking five years of the tax • The Council, according to Article 279, is meant to make
system coming into effect on July 1, 2017. recommendations to the Union and the states on import-
ant issues related to GST, like the goods and services that
What is the GST Council?
may be subjected or exempted from GST, model GST Laws.
•T he GST regime came into force after the Constitutional
• It also decides on various rate slabs of GST.
(122nd Amendment) Bill was passed by both Houses of
• For instance, an interim report by a panel of ministers has
Parliament in 201 6.
suggested imposing 28 per cent GST on casinos, online
• More than 15 Indian states then ratified it in their state
gaming and horse racing.
Assemblies, after which the President gave his assent.
• A decision on this will be taken at the Council meeting.
•T he GST Council a joint forum of the Centre and the
states was set up by the President as per Article 279A What has changed this time?
(1) of the amended Constitution. •T he ongoing meeting is the first since a decision of the
• The members of the Council include th e Union Finance Supreme Court in May this year, which stated recommen-
Minister (chairperson), the Union Minister of State dations of the GST Council are not binding.
(Finance) from the Centre. • The court said Article 246A of the Constitution gives both
•E ach state can nominate a minister in-charge of finance Parliament and state legislatures simultaneous power
or taxation or any other minister as a member. to legislate on GST.
• Recommendations of the Council are the product of a
collaborative dialogue involving the Union and States.
• This was hailed by some states, such as Kerala and Tamil
Nadu, who believe states can be more flexible in accepting
the recommendations as suited to them.
Agenda in this meet •S ome states are already demanding that the compensation
• The councils meeting is also likely to focus on the issue be continued.
of extension of the GST compensation regime beyond • Earlier, the Council had agreed to extend the levy of com-
June 2022. pensation cess till 2026, but only for repayment of the
• This was a special mechanism by which states were assured borrowings made in the aftermath of the pandemic to
that their revenues would not be affected by the new GST provide compensation to states.
system.
33. NORTH-EAST INDIA – SECURITY AND

DEVELOPMENTAL ISSUES
33.1 KHADC to invite talks on Instrument of Accession
The Khasi Hills Autonomous District Council (KHADC) •T

he instruments of accession executed by the rulers, pro-
in Meghalayahas called for a meeting of traditional heads vided for the accession of states to the Dominion of India
to revisit the Instrument of Accessionthat made the Khasi (or Pakistan) on three subjects, namely, defence, external
domain a part of the Indian Union. affairs and communications.
About KHADC Back2Basics: Autonomous District Council (ADC)

•K HADC is an autonomous district council in the state • The Sixth Schedule of the Indian Constitution allows for
of Meghalaya in India. the formation of autonomous administrative divisions
• It is one of the three autonomous district councils within which have been given autonomy within their respective
Meghalaya, and one of twenty-five autonomous regions states.
of India. • Most of these ADC are located in North East India with
• Meghalaya is divided into three regions dominated by the exception of two in Ladakh and one in West Bengal.
a s many matrilineal communities the Khasis, Garos • Presently, 10 Autonomous Councils in Assam, Megha-
and Jaintias. laya, Mizoram and Tripura are formed by virtue of the
• The Khasi hills straddle 25 Himas or States that formed Sixth Schedule with the rest being formed as a result of
the Federation of Khasi States. other legislations.
Why in news? Powers and competencies

•S ome members of the KHADC agreed that the Instrument
(1) Executive and legislative powers
of Accession and Annexed Agreement signed with the
Under the provisions of the Sixth Schedule, ADCs can make
Dominion of India between December 15, 1947 and March
laws, rules and regulations in the following areas:
19, 1948, should be studied.
• Land management
• The treaty was signed by Governor General of India, Chakra-
• Forest management
varti Rajagopalachari, on August 17, 1948.
• Water resources
What is Instrument of Accession? • Agriculture and cultivation
• I t was a legal document first introduced by the Government • Formation of village councils
of India Act, 1935 • Public health
• It was used in 1947 to enable each of the rulers of the princely • Sanitation
states under British paramountcy to join one of the new • Village and town level policing
dominions of India or Pakistan created by the Partition. • Appointment of traditional chiefs and headmen
• I nheritance of property •T
hey can hear cases where both parties are members of
• M
arriage and divorce Scheduled Tribes (STs) and the maximum sentence is less
• S
ocial customs than 5 years in prison.
• M
oney lending and trading
(3) Taxation and revenue
• M
ining and minerals
utonomous district councils have powers to levy taxes,
•A
(2) Judicial powers fees and tolls on : building and land, animals, vehicles,
•A DCs have powers to form courts. boats, entry of goods into the area, roads, ferries, bridges,
employment and income and general taxes for the main-
tenance of schools and roads.
34. NHRC
34.1 NHRC
NHRC is a statutory body, setup in 1993. The commission •F

our ex-officio members: Chairpersons of the National
is thewatchdog of human rights in the country. It works Commission for Scheduled Castes and Scheduled Tribes,
to protect the right to life, liberty, equality and dignityof National Commission for Minorities and National Com-
the individual guaranteed by the Constitution or embodied mission for Women.
in theinternational covenants and enforceable by courts
Powers and Functions:
in India.
Investigation: Investigating complaints or failure of any
What are Human Rights? public official regarding the rights violation, either suo moto
•A s per UN definition these rights are inherent to all human or after receiving a petition.
beings, regardless of race, sex, nationality, ethnicity, • Prevention and Safeguard: Monitoring the living con-
language, religion, or any other status. ditions of the inmates and to make recommendations
• Human rights include the right to life and liberty, freedom thereon. Reviewing statutory safeguards or treaties for
from slavery and torture, freedom of opinion and expression, the protection of human rights.
the right to work and education, and many more. •R esearch and promotion: Promoting research and en-
•T hese are entitled to everyone, without any discrim- couraging NGOs in the field of human rights. While making
ination. an inquiry into the complaints, the commission enjoys the
powers of a civil court. It also studies treaties and other
NHRC
international instruments on human rights and make
Structure:NHRC consists of a chairperson and other mem-
recommendations for their effective implementation.
bersas follows:
• Intervention: It intervene in any proceeding involving
Chairperson: A retired Chief Justice of India.
any allegation of violation of human rights pending before
• One member: Either a working or a retired judge of the
a court with the approval of such court.
Supreme Court.
• Human rights: NHRC review the factors, including acts of
• One member : Either a working or a retired Chief Justice
terrorism that inhibit the enjoyment of human rights and
of a High Court.
recommend appropriate remedial measures.
• Two persons : Having knowledge or practical experience
• Awareness: NHRC spread human rights literacy among var-
in matters relating to Human Rights.
ious sections of society and promote awareness of the safe-
guards available for the protection of these rights through
publications, the media, seminars and other available means.
• Working with NGOs: It encourages the efforts of non-gov- The Protection of Human Rights (Amendment) Bill,
ernmental organisations and institutions working in the 2019, inter alia, provides:
field of human rights. • that a person who has been a Judge of the Supreme Court
is also made eligible to be appointed as Chairperson of the
Limitations:
Commission in addition to the person who has been the
Only a recommendatory body : NHRCcan only make rec-
Chief Justice of India;
ommendations,without the power to enforce decisions. This
• to increase the Members of the Commission from two to
lack ofauthority to ensure compliance can lead to outright
three of which, one shall be a woman;
rejection of its decision too.
• to include Chairperson of the National Commission for
• Investigation : It does not have independent investigative
Backward Classes, Chairperson of the National Commission
machinery. Under theProtection of Human Rights Act,
for Protection of Child Rights and the Chief Commissioner
1993, human rightscommissions cannot investigate an
for Persons with Disabilities as deemed Members of the
event if thecomplaint was made more than one year after
Commission;
theincident. Therefore, a large number of genuinegriev-
• to reduce the term of the Chairperson and Members of the
ances go unaddressed.
Commission and the State Commissions from five to three
• Ceremonial body: It is often viewed as apost-retirement
years and shall be eligible for re-appointment;
destination forjudges, police officers and bureaucrats with
• to provide that a person who has been a Judge of a High
politicalclout. Bureaucratic functioning, inadequacy of
Court is also made eligible to be appointed as Chairperson
funds also hamper the working of the commission.
of the State Commission in addition to the person who has
• I ncapacity to award relief : It can only ask the author-
been the Chief Justice of the High Court; and,
ity to approach the higher Courts to provide relief to the
• to confer upon State Commissions, the functions relating
victims. The concerned authority has to implement its
to human rights being discharged by the Union territories,
recommendations within one month or communicate
other than the Union territory of Delhi, which will be dealt
reasons for not complying.
with by the Commission.
• Armed forces : Commission cant investigate the violation
in case of armed forces and has to rely on the report of the
Centre.
34.2 How are Districts created?
The West Bengal cabinet has approved the creation of seven How are new districts carved?
new districts in the state. •T he power to create new districts or alter or abolish
existing districts rests with the State governments.
What are Districts?
• This can either be done through an executive order or by
• I ndia’s districts are local administrative units inherited
passing a law in the State Assembly.
from the British Raj.
• Many States prefer the executive route by simply issuing
• They generally form the tier of local government immediate-
a notification in the official gazette.
ly below that of India’s subnational states and territories.
• A district is headed by a Deputy Commissioner/ Collector, How does it help?
who is responsible for the overall administration and the •S tates argue that smaller districts lead to better admin-
maintenance of law and order. istration and governance.
• The district collector may belong to IAS (Indian Admin- • For example, in 2016, the Assam government issued a no-
istrative Service). tification to upgrade the Majuli sub-division to Majuli
• Districts are most frequently further sub-divided into district for administrative expediency.
smaller administrative unit s, called either tehsils or
talukas or mandals, depending on the region.
Does the Central government have a role to play here? •T he State governments request is sent to other departments
•T he Centre has no role to play in the alteration of dis- and agencies such as the Ministry of Earth Sciences, In-
tricts or creation of new ones. States are free to decide. telligence Bureau, Department of Posts, Geographical
• The Home Ministry comes into the picture when a State Survey of India Sciences and the Railway Ministry
wants to change the name of a district or a railway seeking clearance.
station. • A no-objection certificate may be issued after examining
their replies.
34.3 Governor: 1st essential part of State Legislature
What is thePower of Governor Vis-e-vis legisla-

Context ture?https://www.civilsdaily.com/news/governors-
• In Tamil Nadu, the Governor forwarded the Bill for ex- powers-and-friction-with-states/
emption from the National Eligibility cum Entrance Test • What Article 200 says : The Constitution provides certain
(NEET) to the President after considerable delay. options for the Governor to exercise when a Bill reaches
• In Kerala the situation has become a bit curious with the him from the Assembly.
Governor publicly announcing that he would not give as-
Role and responsibilities of governor
sent to the Lokayukta Amendment Bill and the Kerala
University Amendment Bill. Such actions by Governors https://www.civilsdaily.com/news/governor/
throw the legislative programmes of governments out of
gear because of the uncertainty surrounding the assent. Executive Powers:
•N ominal Head of the government: These powers are
What is Role of Governor in Legislature? exercised by the council of ministers in the name of Gov-
• I ntegral part: A Bill passed by the State Assembly becomes ernor. Hence Governor is only nominal head and council
law only after it is assented to by the Governor. The Gov- of ministers is the real executive.
ernor being a part of the State legislature, the process of • Head of the state: He is the constitutional head of the state
law making is complete only when he signs it, signifying who appoints the leader of majority party as chief minister.
his assent. He can seek any information from the chief minister. He
•E stablished practice: In all democratic countries, similar appoints the advocate general, chairman and members of
provision exists in their constitutions. the respective state public commission.
•C an recommend the emergency: He can recommend
the imposition of constitutional emergency in a state to
the President. During the period of Presidents rule in a
state, the governor enjoys extensive executive powers as
an agent of the President.
Legislative Powers: What is the Legislative practice in other democracies?

•H e is part of state legislative. •U K: The royal assent is necessary for a Bill to be passed by
•N o bill can become a law until the governor signs it. Parliament to become law and the crown has the power to
• He can withhold a bill and send it to the President for withhold assent. But it is a dead letter.
consideration. • No power of veto: By practice and usage there is no power
• He can dissolve the State Assembly before the expiry of of veto exercised by the crown in England now. Moreover,
its term on the advice of the Chief Minister or as directed refusal of royal assent on the ground that the monarchy
by the President. strongly disapproves of the Bill or that the Bill is very con-
• He causes the annual Budget to be presented in the Vidhan troversial is treated as unconstitutional.
Sabha. • USA: In the United States, the President is empowered by
the Constitution to refuse assent and return a Bill to the
Judicial Powers:
House but if the Houses again pass it with two thirds of
• The governor appoints the district judges.
each House the Bill becomes law.
•H e is consulted in the appointment of the judges of the
High Court by the President
• He can, pardon, remit and commute the sentence of a person
convicted by a state court.
Financial Powers:
• He causes the annual budget to be laid before the Vidhan
Sabha;
• No money bill can be introduced without his prior approval.
Discretionary Powers:
•S election of CM: If no party gets an absolute majority,
the Governor can use his discretion in the selection of the
Chief Minister;
•R eal executive of state: During an emergency he can
Why there is ambiguity over the role of governors in
override the advice of the council of ministers. At such
India?
times, he acts as an agent of the President and becomes
• Role of the Governor: The question of whether a Gover-
the real ruler of the state;
nor is permitted by the Constitution to cause uncertainty
• Report to president: He uses his direction in submitting a
in the matter of giving assent to the Bills passed by State
report to the President regarding the affairs of the state; and
legislatures assumes great importance.
•W ithhold the assent: He can withhold his assent to a bill
• Presidential Assent: The provision concerned makes it
and send it to the President for his approval.
clear that a Bill can be reserved for the consideration of the
There are four possible scenarios President only if the Governor forms an opinion that the Bill
Assent: He may give assent. would endanger the position of the High Court by whittling
•R econsider: He can send it back to the Assembly request- away its powers. The Constitution does not mention any
ing it to reconsider some provisions of the Bill, or the Bill other type of Bill which is required to be reserved for the
itself. In this case, if the Assembly passes the Bill without consideration of the President. Nevertheless, the courts
making any change and sends it back to the Governor, he have conceded a certain discretion to the Governors in the
will have to give assent to it. matter of sending Bills to the President.
• Reserve: The third option is to reserve the Bill for the •C onstitution is silent: the Constitution does not mention
consideration of the President. the grounds on which a Governor may withhold assent to
•W ithhold: The fourth option, of course, is to withhold a Bill.
the assent.
•N
o remedy : The Indian Constitution, however, does not •R ameshwar Prasad and Others. vs Union of India case
provide any such remedy as that of USA or UK. The courts : The Court held: the immunity granted by Article 361(1)
too have more or less accepted the position that if the Gov- does not, however, take away the power of the Court to
ernor withholds assent, the Bill will go. Thus, the whole examine the validity of the action including on the ground
legislative exercise will become fruitless. It does not square of malafides.
with the best practices in old and mature democracies. • Pocket veto: since the Constitution does not fix any timeline
for the Governor to decide the question of assent, he can
What is the Court mandated legislative practice?
wait for any length of time without doing anything. This is
•A ccording to Article 361 : The Constitution prohibits the
illogical and militates against the constitutional scheme
court from initiating proceedings against a Governor or
in respect of law making by the legislatures.
the President for any act done in exercise of their powers.
They enjoy complete immunity from court proceedings. It
is in fact a unique situation where a government is placed
in a situation of having to challenge a Governors action of
withholding assent to a Bill.
• Reasons: Governor while declaring that he withholds assent
will have to disclose the reason for such refusal.
• No Arbitrary actions: Being a high constitutional authority,
the Governor cannot act in an arbitrary manner
•U
nconstitutional: If the grounds for refusal disclose
mala fide or extraneous considerations or ultravires, the
Governors action of refusal could be struck down as un-
constitutional.
34.4 Assam-Meghalaya Boundary Dispute
Background of the Assam-Meghalaya conflict

• Meghalaya was carved out of Assam as a separate state in
1972 but the new state challenged the Assam Reorgani-
sation Act, of 1971, leading to disputes in 12 locations
in the border areas
• In April 2022, In presence of the Union Home Minister Shri
Amit Shah, a historic agreement was signed in New Delhi
by the Chief Minister of Assam and the Chief Minister
of Meghalaya for the settlement of the interstate boundary
between t he States of Assam and Meghalaya, in respect
of 6 out of 12 areas of difference.
Key points of the Border Agreement

•O
ut of the 12 points of dispute between Assam and Megha-
laya, the six areas with relatively less critical differences
were taken up in the first phase.
•A ssam and Meghalaya have partially resolved a 50-year- •A

s per the agreement, each resettled Bru family would
old border dispute in 6 of the 12 sectors along their 885 be given financial assistance in the form of a fixed deposit
km boundary. The 6 disputed sectors are Tarabari, Gizang, of Rs.4 lakh, free ration, five thousand rupees per month
Hahim, Boklapara, Khanapara-Pillangkata and Ratacherra for two years, housing assistance at the rate of Rs.1.5 lakh,
under the Kamrup, Kamrup (Metro) and Cachar districts of and a land plot of 30x40 square feet.
Assam and the West Khasi Hills, Ri-Bhoi and East Jaintia
3.Bodo Peace Accord
Hills districts of Meghalaya.
• I n the presence of Home Minister Shri Amit Shah, a Memo-
• The two States had in June 2021 adopted a give-and-take
randum of Understanding (MoU) was signed on 27.01.2020
policy to start the process of resolving the boundary dispute
by the Government of India, the Government of Assam, and
by constituting three regional committees each.
representatives of Bodo groups to resolve the long-pending
• The draft resolution prepared based on the recommenda-
Bodo issue.
tions of the regional panels, proposed dividing the disputed
• Most of the demands of the Bodo groups have been met
36.79 sq. km of land into the six areas of difference between
and the remaining demands would be met when as per the
the two States.
MoU, the committees constituted for this purpose would
• While Assam will get 18.51 sq. km of the disputed areas,
give their recommendations.
Meghalaya will get the remaining 18.28 sq. km.
• As per the agreement, a special development package of
Other Major Agreements of the Northeast Rs 1,500 crore (750 crores by the Central Government
and 750 crores by the Assam government) will be pro-
1. NLFT Tripura Agreement
vided over three years for the all-around development
• The agreement was signed on 10 August 2019 in the pres-
of the Bodo region in Assam.
ence of the Home Minister.
•A
s per the MoU, for the overall development of the tribes 4. Karbi Anglong Agreement
of Tripura, the Government of Tripura will be provided • To end the decades-old crisis in the Karbi Anglong region
with a Special Economic Development Package (SEDP) of Assam, a Memorandum of Understanding (MoU) was
of Rs. 100 crores by the Government of India during five signed on 04.09.2021 in the presence of the Home Minis-
years. Out of this amount of Rs. 100 crores, an amount of ter between the Government of India, the Government of
Rs. 40 crores has already been released to Tripura during Assam and representatives of Karbi groups.
the financial year 2020-21. • As a result of this historic agreement, more than 1000
armed cadres renounced violence and joined the main-
2.Bru Agreement
stream of society.
•A
historic agreement was signed in the presence of the
• As per the agreement, a special development package
Home Minister on 16.01.2020 by the Government of India,
of Rs 1,000 crore will be given over five years by the
Government of Tripura, and Government of Mizoram along
central government and the Assam government to take
with representatives of Bru migrants for the permanent
up special development projects in the Karbi areas.
settlement of 6959 Bru families in Tripura with a financial
• This agreement will ensure the protection of the culture,
package of about Rs. 661 crores.
identity, language, etc. of the Karbi people and the all-around
development of the region.
Judiciary
35. JUDICIAL REFORMS
35.1 Issues related to Tribunal
What is the issue Back2Basics: National Company Law Tribunal

The Supreme Court has warned that even after the judicial •T he NCLT is a quasi-judicial body that adjudicates issues
intervention, the government made abrupt efforts to fill va- relating to Indian companies.
cancies in tribunals some time back and nothing after that. •T he tribunal was established under the Companies Act
2013 in 2016 and is based on the recommendation of the
About Tribunals
V. Balakrishna Eradi Committee.
•T ribunal is a quasi-judicial institution that is set up to
• All proceedings under the Companies Act, including pro-
deal with problems such as resolving administrative or
ceedings relating to arbitration, compromise, arrangements,
tax-related disputes.
reconstructions and the winding up of companies shall be
• It performs a number of functions like adjudicating
disposed off by the NCLT.
disputes, determining rights between contesting par-
• The NCLT bench is chaired by a Judicial member who is
ties, making an administrative decision, reviewing an
supposed to be a retired or a serving High Court Judge
existing administrative decision, and so forth.
and a Technical member who must be from the Indian
• Tribunals were not part of the original constitution, it was
Corporate Law Service, ICLS Cadre.
incorporated in the Indian Constitution by 42nd Amend-
• It is the adjudicating authority for the insolvency resolu-
ment Act, 1976.
tion process of companies and limited liability partner-
• Article 323-A deals with Administrative Tribunals.
ships under the Insolvency and Bankruptcy Code, 2016.
• Article 323-B deals with tribunals for other matters.
• The Tribunals were set up to reduce the workload of courts, Difference Between Tribunal and Court
expedite decisions, and provide a forum that would be • Administrative Tribunals and Ordinary Courts both deal
manned by lawyers and experts in the areas falling under with the disputes between the parties which affects the
the jurisdiction of the Tribunal. rights of the subjects.
• Administrative Tribunal is not a court. Some notable dif-
Do you know?
ferences between a court and Administrative Tribunal
The Income Tax Appellate Tribunal was established as
the first Tribunal in India back in 1941. are as follows -
No. Court of Law Tribunal

1 A court of law is a part of the traditional judicial An Administrative Tribunal is an agency created by the
system whereby judicial powers are derived from statute and invested with judicial power.
the state.
2 The Civil Courts have judicial power to try all suits Tribunal is also known as the Quasi-judicial body. Tribu-
of civil nature unless the cognizance is expressly or nals have the power to try cases of special matter which
impliedly barred. are conferred on them by statutes
3 Judges of the ordinary courts of law are independent Tenure, terms, and conditions of the services of the mem-
of the executive in respect of their tenure, terms, and bers of the Administrative Tribunal are entirely in the
conditions of service etc. Judiciary is independent hands of the Executive (government).
of Executive
4 The presiding officer of the court of law is trained The president or a member of the Tribunal may not be
in law. trained as well in law. He may be an expert in the field of
Administrative matters.
5 A judge of a court of law must be impartial and is not An Administrative Tribunal may be a party to the dispute to
interested in the matter directly or indirectly. be decided by it.
6 A court of law is bound by all the rules of evidence An Administrative Tribunal is not bound by rules but
and procedure. bound by the principles of nature of Justice.
7 Court must decide all questions objectively on the Administrative Tribunal may decide questions by tak-
basis of evidence and materials on record. ing into account departmental policy, the decision of the
Administrative Tribunal may be subjective rather than
objective.
8 A court of law can decide vires of a legislation Administrative Tribunal cannot do so
35.2 SC averse to ‘Sealed Cover Jurisprudence’
What is the issue: hile a specific law does not define the doctrine of sealed
•W
Recently, while hearing a criminal appeal against the Bihar cover, the Supreme Court derives its power to use it from
Government, Rule 7 of order XIII of the Supreme Court Rules and
Chief Justice of India (CJI) Section 123 of the Indian Evidence Act of 1872.
admonished a counsel for submitting a
Rule 7 of order XIII of the Supreme Court Rules:
sealed cover report to the court.
•A ccording to the rule, if the Chief Justice or court directs
• Sealed cover jurisprudence has been frequently employed
certain information to be kept under sealed cover or
by courts in the recent past for example Rafale Fighter
considers it of confidential nature, no party would be
JetDeal 2018, 2014, BCCI Reforms Case,Bhima Ko-
allowed access to the contents of such information,
regaoncase 2018 etc.
except if the Chief Justice himself orders that the opposite
What is Sealed Cover Jurisprudence? party be allowed to access it.
• I t is a practice used by the Supreme Court and sometimes • It also mentions that information can be kept confidential
lower courts, of asking for or accepting information from if its publication is not considered to be in the interest
government agencies in sealed envelopes that can only of the public.
be accessed by judges.
Section 123 of the Indian Evidence Act of 1872: •O

ther instances where information may be sought in se-
• Under this act, official unpublished documents relating crecy or confidence are when its publication impedes
to state affairs are protected and a public officer cannot an ongoing investigation, such as details which are part
be compelled to disclose such documents. of a police case diary.
35.3 FASTER digital platform for Judiciary
What is the issue •T

he idea stemmed from a case reported about several
FASTER, an abbreviation of Fast and Secured Transmission of prisoners in the Agra Jail forced to remain behind bars
Electronic Records, a digital platform was formally launched for three days after the hard copies of the order had not
by Chief Justice of India (CJI) N.V. Ramana. reached the prison officials.
What is FASTER? Benefits offered

•T he FASTER system proposes transmission of e-authen- •F ASTER would aid the cause of quick and effortless justice.
ticated copies of the interim orders, stay orders, bail • The timely delivery of the courts orders to the authorities
orders and record of proceedings to the duty-holders for would also prevent unnecessary arrests and custody of
compliance and due execution, through a secured electronic people who have already been granted anticipatory bail.
communication channel. •F or smooth transmission of court’s orders and effective
• These orders may vary from stay of execution of a person implementation of Article 21, Right to Life, such a system
to freeze on the demolition of a slum to bail orders for was the need of the hour.
undertrial prisoners.
35.4 Parliamentary Committee opposes Mediation Bill
The Parliamentary Standing Committee on Law and Justice •T he Bill requires persons to try to settle civil or commer-
has recommended substantial changes to the Mediation Bill. cial disputes through mediation before approaching any
court or tribunal.
• Agreements resulting from mediation will be binding
and enforceable in the same manner as court judgments.
Key featuresof the Bill
(1) Pre-litigation mediation

• Parties must attempt to settle civil or commercial dis-
putes by mediation before approaching any court or cer-
tain tribunals.
• Even if they fail to reach a settlement through pre-litigation
mediation, the court or tribunal may at any stage refer the
parties to mediation if they request for the same.
Mediation Bill, 2021
•M ediation is a voluntary dispute resolution process. (2) Disputes not fit for mediation
• It is an informal, confidential, flexible, and non-binding •T
he Bill contains a list of disputes which are not fit for
process in which an impartial person called a mediator mediation.
helps the parties to understand the interests of everyone
involved, and their practical and legal choices.

•T hese include disputes: (i) relating to claims against mi- (6) Mediated settlement agreement
nors or persons of unsound mind, (ii) involving criminal • Agreements resulting from mediation (other than com-
prosecution, and (iii) affecting the rights of third parties. munity mediation) will be final, binding, and enforceable
•T he central government may amend this list. in the same manner as court judgments.
• It will apply to mediations conducted in India: (i) involv- • They may be challenged on grounds of: (i) fraud, (ii) cor-
ing only domestic parties, (ii) involving at least one ruption, (iii) impersonation, or (iv) relating to disputes
foreign party and relating to a commercial dispute (i.e., not fit for mediation.
international mediation).
(7) Community mediation
(3) Mediation process • This may be attempted to resolve disputes likely to affect
• Mediation proceedings will be confidential, and must be the peace and harmony amongst residents of a locality.
completed within 180 days (may be extended by 180 days • It will be conducted by a panel of three mediators (may
by the parties). include persons of standing in the community, and repre-
• A party may withdraw from mediation after two sessions. sentatives of resident welfare associations).
• Court annexed mediation must be conducted as per the
Issues highlighted by the Parliamentary Committee
rules framed by the Supreme Court or High Courts.
•C ompulsion: The panel cautioned against making com-
(4) Mediators pulsory pre-litigation mediation.
• Mediators may be appointed by: (i) the parties by agree- • Scope for Delay: Making pre-litigation mediation man-
ment, or (ii) a mediation service provider (an institution datory may actually result in delaying of cases.
administering mediation). • Judicial intervention: The provision to give higher courts
• They must disclose any conflict of interest that may raise the power to frame rules for mediation was also questioned.
doubts on their independence. • Narrower scope: The members questioned the non-ap-
• Parties may then choose to replace the mediator. plicability of the provisions to non-commercial disputes
involving the Government and its agencies.
(5) Mediation Council of India
•N o bar of experienced professionals: The MCI, estab-
•T he central government will establish the Mediation
lished to regulate the profession of mediators, may not
Council of India.
have representation of practising mediators with adequate
• The Council will consist of a chairperson, two full-time
experience.
members (with experience in mediation or ADR), three
•P rior approval from centre: The MCI requires prior
ex-officio members (including the Law Secretary, and the
approval from the central government before issuing reg-
Expenditure Secretary), and a part-time member from
ulations related to its essential functions. It is not clear
an industry body.
why such prior approval is required.
• Functions of the Council include: (i) registration of medi-
• Domestic conduct of mediation: The Bill applies to in-
ators, and (ii) recognising mediation service providers
ternational mediations only if they are conducted in India
and mediation institutes (which train, educate, and certify
and not outside.
mediators).
35.5 Bail Law and Supreme Court call for Reform
What is Bail? Types of Bail in India

•B ail is the conditional release of a defendant with the Depending upon the sage of the criminal matter, there are
promise to appear in court when required. commonly three types of bail in India:
• The term also means the security that is deposited in order
to secure the release of the accused.

Regular bail: A regular bail is generally granted to a person Why bail needs reform?
who has been arrested or is in police custody. A bail appli- •H uge pendency of undertrials: Referring to the state
cation can be filed for the regular bail under section 437 and of jails in the country, where over two-thirds lodged are
439 of CrPC. undertrials,
• Interim bail: This type of bail is granted for a short period • I ndiscriminate arrests: Of this category of prisoners,
of time and it is granted before the hearing for the grant of majority may not even be required to be arrested despite
regular bail or anticipatory bail. registration of a cognizable offense, being charged with
•A nticipatory bail: Anticipatory bail is granted under offenses punishable for seven years or less.
section 438 of CrPC either by session court or High Court. • Disadvantageous for some sections: They are not only
An application for the grant of anticipatory bail can be filed poor and illiterate but also would include women. Thus,
by the person who discerns that he may be arrested by the there is a culture of offense being inherited by many of them.
police for a non-bailable offense. • Colonial legacy: Theoretically, the court also linked the
idea of indiscriminate arrests to magistrates ignoring the
Conditions for Grant of Bail in Bailable Offences
rule of bail, not jail to a colonial mindset.
• Section 436 of the Code of Criminal Procedure, 1973, lays
down that a person accused of a bailable offense under IPC What is the law on bail?
can be granted bail if: • The CrPC does not define the word bail but only catego-
• There are sufficient reasons to believe that the accused ries offences under the Indian Penal Code as bailable
has not committed the offence. and non-bailable.
• There is sufficient reason to conduct a further inquiry •T he CrPC empowers magistrates to grant bail for bailable
in the matter. offences as a matter of right.
•T he person is not accused of any offence punishable • This would involve release on furnishing a bail bond,
with death, life imprisonment or imprisonment up to without or without security.
10 years.
And what is the UK law?
Conditions for Grant of Bail in Non-Bailable Offences • The Bail Act of the United Kingdom, 1976, prescribes the
•S ection 437 of Code of Criminal Procedure, 1973 lays down procedure for granting bail.
that the accused does not have the right to apply for bail in •A key feature is that one of the aims of the legislation is
non-bailable offences. reducing the size of the inmate population.
• It is discretion of the court to grant bail in case of non-bail- • The law also has provisions for ensuring legal aid for
able offences if: defendants.
•T he accused is a woman or a child, bail can be granted • The Act recognises a general right to be granted bail.
in a non-bailable offence.
What has the Supreme Court held on reforms?
• There is a lack of evidence then bail in non-Bailable of-
The courts ruling is in the form of guidelines, and it also
fenses can be granted.
draws the line on certain procedural issues for the police
• There is a delay in lodging FIR by the complainant, bail
and judiciary:
may be granted.
•S eparate law on Bail: The court underlined that the CrPC,
• The accused is gravely sick.
despite amendments since Independence, largely retains
What is the recent ruling about? its original structure as drafted by a colonial power over
• The Supreme Court underlined that arrest is a draconian its subjects.
measure that needs to be used sparingly. • Uniform exercise of discretionary powers: It also high-
•T
he ruling is essentially a reiteration of several crucial lighted that magistrates do not necessarily
principles of criminal procedure. • Avoid indiscriminate arrests: The SC also directed all state
governments and Union Territories to facilitate standing
orders to comply with the orders and avoid indiscriminate
arrests.

35.6 Centre constitutes 22nd Law Commission
The Centre has constituted the Law Commission of India by • I t shall also undertake studies and research for bringing
appointing former Karnataka High Court Chief Justice Ritu reforms in the justice delivery systems for elimination of
Raj Awasthi as its chairperson. delay in procedures, speedy disposal of cases, reduction
in cost of litigation etc.
Law Commission of India
• It is an executive body established by an order of the Gov- Major reforms undertaken
ernment of India. First law commission of independent • The First Law Commission under Macaulay suggested
India was established post the Independence in 1955 various enactments to the British Government, most of
• Tenure: 3 Years which were passed and enacted and are still in force in India.
• F unction: Advisory body to the Ministry of Law and • These include the Indian Penal Code (first submitted in
Justice for Legal Reforms in India 1837 but enacted in 1860 and still in force ), Criminal
• Recommendations: NOT binding Procedure Code (enacted in 1898, repealed and succeeded
• First Law Commission was established during the British by the Criminal Procedure Code of 1973), etc.
Raj in 1834 by the Charter Act of 1833 •T hereafter three more Law Commissions were estab-
• Chairman: Macaulay; It recommended for the Codifications lished which made a number of other recommendations
of the IPC, CrPC etc. the Indian Evidence Act (1872) and Indian Contract Act
(1872), etc. being some of the significant ones.
Its composition
The 22nd Law Commission will be constituted for a period Role in legal reforms
of three years from the date of publication of its Order in the The Law Commission has been a key to law reform in India.
Official Gazette. It will consist of: • Its role has been both advisory and critical of the gov-
1. F ull-time Chairperson ; ernments policies
2. F our full-time Members (including Member-Secretary) • In a number of decisions, the Supreme Court has referred
3. Secretary, Department of Legal Affairs as ex-officio to the work done by the commission and followed its rec-
Member; ommendations.
4. Secretary, Legislative Department as ex officio Mem- • The Commission seeks to simplify procedures to curb
ber; and delays and improve standards of justice.
5. N ot more than five part-time Members. • It also strives to promote an accountable and citizen-friendly
government that is transparent and ensures the peoples
Terms of reference
right to information.
• The Law Commission shall, on a reference made to it by
the Central Government or suo-motu, undertake research
in law and review of existing laws in India for making
reforms therein and enacting new legislations.

36. J UDICIAL APPOINTMENTS CONUNDRUM POST-NJAC

VERDICT
36.1 Working of the Supreme Court Collegium
Why in news? How does the collegium system work?

•T he Ramana Collegium has been particularly successful. • The collegium of the CJI and four senior-most judges of the
• Meeting frequently and working quickly, they took the Supreme Court make recommendations for appointments
perennial problem of judicial vacancies by its horns and to the apex court and High Courts.
turned it around. • The collegium can veto the government if the names are
sent back by the latter for reconsideration.
Success of Ramana Collegium
• The basic tenet behind the collegium system is that the
• The collegium was able to recommend numerous judicial
judiciary should have primacy over the government in
appointments and scripted history by getting nine Supreme
matters of appointments and transfers in order to remain
Court judges appointed in one go.
independent.
•O
f the nine, Justice B.V. Nagarathna, is in line to be the first
woman CJI in 2027. The procedure followed by the Collegium
What exactly is the Collegium System? Appointment of CJI

•T he collegium system was born out of years of friction •T he President of India appoints the CJI and the other
between the judiciary and the executive. SC judges.
• The hostility was further accentuated by instances of • As far as the CJI is concerned, the outgoing CJI recom-
court-packing (the practice of changing the composition mends his successor.
of judges in a court), mass transfer of HC judges and two • In practice, it has been strictly by seniority ever since the
supersessions to the office of the CJI in the 1970s. supersession controversy of the 1970s.
• The Three Judges cases saw the evolution of the collegium • The Union Law Minister forwards the recommendation
system. to the PM who, in turn, advises the President.
Evolution: The Judges Cases Other SC Judges

•F irst Judges Case (1981) ruled that the consultation • For other judges of the top court, the proposal is initiated
with the CJI in the matter of appointments must be full by the CJI.
and effective. •T he CJI consults the rest of the Collegium members, as
• However, it rejected the idea that the CJIs opinion, albeit well as the senior-most judge of the court hailing from
carrying great weight, should have primacy. the High Court to which the recommended person belongs.
• Second Judges Case (1993) introduced the Collegium • The consultees must record their opinions in writing and
system, holding that consultation really meant concurrence. it should form part of the file.
• It added that it was not the CJIs individual opinion, but an • The Collegium sends the recommendation to the Law
institutional opinion formed in consultation with the two Minister, who forwards it to the Prime Minister to advise
senior-most judges in the Supreme Court. the President.
• Third Judges Case (1998): On a Presidential Reference for
For High Courts
its opinion, the Supreme Court, in the Third Judges Case
• The CJs of High Courts are appointed as per the policy of
(1998) expanded the Collegium to a five-member body,
having Chief Justices from outside the respective States.
comprising the CJI and four of his senior-most colleagues.
The Collegium takes the call on the elevation.

•H igh Court judges are recommended by a Collegium

comprising the CJI and two senior-most judges.
• The proposal, however, is initiated by the Chief Justice
of the High Court concerned in consultation with two
senior-most colleagues.
• The recommendation is sent to the Chief Minister, who
advises the Governor to send the proposal to the Union
Law Minister.
Does the Collegium recommend transfers too?

•Y es, the Collegium also recommends the transfer of Chief
Justices and other judges.
• Article 222 of the Constitution provides for the transfer
of a judge from one High Court to another.
• When a CJ is transferred, a replacement must also be si-
multaneously found for the High Court concerned. There
can be an acting CJ in a High Court for not more than
a month.
• I n matters of transfers, the opinion of the CJI is determina-
tive, and the consent of the judge concerned is not required.
• However, the CJI should take into account the views of
the CJ of the High Court concerned and the views of one
or more SC judges who are in a position to do so.
• All transfers must be made in the public interest, that is,
for the betterment of the administration of justice. Making final appointment
The Memorandum says:
Back2Basics: 1. Receipt of the recommendation of the CJI
2. The Union Minister of Law, Justice and Company
Affairs will put up the recommendation to the PM
3. PM will advise the President in the matter of appoint-
ment
4. President of India appoints the CJI
Chief Justice of India: A brief background

•T
he CJI is the chief judge of the Supreme Court of India as
well as the highest-ranking officer of the Indian federal
judiciary.
Appointment
• The Constitution of India grants power to the President
to nominate, and with the advice and consent of the
Parliament, appoint a chief justice, who serves until they
reach the age of 65 or until removed by impeachment.
• Earlier, it was a convention to appoint seniormost judges.
• However, this has been broken twice. In 1973, Justice A. N.
Ray was appointed superseding 3 senior judges.
• Also, in 1977 Justice Mirza Hameedullah Beg was appointed
as the chief justice superseding Justice Hans Raj Khanna.

Qualifications On the administrative side, the CJI carries out the

The Indian Constitution says in Article 124 (3)that in order following functions:
to be appointed as a judge in the Supreme Court of India, the • maintenance of the roster; appointment of court officials
person has to fit in the following criteria: and general and miscellaneous matters relating to the
•H e/She is a citizen of India and supervision and functioning of the Supreme Court
• has been for at least five years a Judge of a High Court
Removal
or of two or more such Courts in succession; or
•A rticle 124(4) of the Constitution lays down the procedure
• has been for at least ten years an advocate of a High
for removal of a judge of the Supreme Court which is
Court or of two or more such Courts in succession ; or
applicable to chief justices as well.
• is, in the opinion of the President, a distinguished jurist
• Once appointed, the chief justice remains in the office
Functions until the age of 65 years. He can be removed only through
•A s head of the Supreme Court, the CJI is responsible for a process of removal by Parliament as follows:
the allocation of cases and appointment of constitutional • He/She can be removed by an order of the President passed
benches which deal with important matters of law. after an address by each House of Parliament supported by
• In accordance with Article 145 of the Constitution and the a majority of the total membership of that House and by
Supreme Court Rules of Procedure of 1966, the chief a majority of not less than two-thirds of the members
justice allocates all work to the other judges. of that House present.
The voting has been presented to the President in the same

session for such removal on the ground of proven misbehavior
or incapacity





















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CIVILSDAILY IAS

PEAK PERFORMANCE. UNLOCKED.

2. Parliament – Sessions, Procedures, Motions, Committees etc

3. Women empowerment issues – Jobs,Reservation and education

4. Police Reforms – SC directives, NPC, other committees reports

6. Languages and Eighth Schedule

7. Citizenship and Related Issues

8. Delhi Full Statehood Issue

10. Freedom of Speech – Defamation, Sedition, etc.

12. President’s Rule

13. Minority Issues – SC, ST, Dalits, OBC, Reservations, etc.

14. Panchayati Raj Institutions: Issues and Challenges

16. Direct Benefits Transfers

17. Corruption Challenges – Lokpal, POCA, etc

19. Electoral Reforms In India

21. Death Penalty Abolition Debate

22. Tribes in News

23. Highlights of the Democracy Report

25. Parliament – Sessions, Procedures, Motions, Committees etc

26. Interstate River Water Dispute

27. J&K – The issues around the state

28. President’s Rule

29. Aadhaar Card Issues

30. Electoral Reforms In India

31. Special Category Status and States

32. Goods and Services Tax (GST)

33. North-East India – Security and Developmental Issues

36. Judicial Appointments Conundrum Post-NJAC Verdict

1. IMPORTANT JUDGEMENTS IN NEWS

1.1 No need for laws to enforce duties on citizens: AG

• FD apply only to citizens and DO NOT EXTEND TO

The 10 fundamental duties are as follows:

2. PARLIAMENT – SESSIONS, PROCEDURES, MOTIONS,

2.1 Suspension of MLAs

What is the issue: The constitutional ground behind this suspension

 he maximum suspension for Rajya Sabha under Rules

2.2 Govt tweaks spending norms for Contingency Fund of India

2.3 How is Vice-President of India elected?

2.4 Droupadi Murmu elected 15th President of India

(3) House of the People:

Uniformity in the scale of representation of states

Single vote system

MPs and MLAs vote balance

2.5 Money Bill verdict holds the key: SC

Correlation Money Bill

Bill is not a Money Bill when it provides for:

2.6 In news: Attorney-General (A-G) of India

2.7 What is the Doctrine of Pleasure?

3. WOMEN EMPOWERMENT ISSUES –

3.1 Women have Right to Safe Abortion: SC

4. POLICE REFORMS – SC DIRECTIVES, NPC, OTHER

4.1 What is Habeas Corpus?

What is Habeas Corpus? Rights protected by Article 32

What is Article 32?

4.2 Preventive Detention

What does NCRB report say on Preventive Detention?

4.3 Rules for Identifying Criminals now notified

What was the previous Identification of Prisoners

5.1 Back in news: Article 142 of the Constitution

The Supreme Court has crafted a victory for a disabled student •B

5.2 In news: Pardoning Power of the President

Why need Pardon?

10. Freedom of Speech – Defamation, Sedition, etc.

14. Panchayati Raj Institutions: Issues and Challenges

36. Judicial Appointments Conundrum Post-NJAC Verdict

• FD apply only to citizens and DO NOT EXTEND TO

he maximum suspension for Rajya Sabha under Rules

•T he court also restrained centre and states from registering •T

Reasonable restrictions • riendly relations with foreign States

•R eservation is instrumental not just for inclusion of socially

he Cabinet decided that in future also, those who com-

he Governors decision will be subject to judicial review

•R eprieve: means a delay allowed in the execution of a sen- (2) Governor

•A few of these communities which were listed as de-notified

•T ons divides it from the Jaunsar Bawar area of Uttarakhand.

Back2Basics: Scheduled Tribes •T he first specification of Scheduled Tribes in relation to