Table of Contents

1. Constitutional Developments……………………………………….……………………………….. 1

1.1 Article 370 ........................................................................................................................................1

2. Citizenship …………….…………………………………….……………………………………….2-3

2.1 Section 6A of Citizenship Act ..........................................................................................................2

2.2 National Population Register ...........................................................................................................2
2.3 Foreigners Tribunal ...........................................................................................................................2
2.4 Dunki ................................................................................................................................................3

3. Fundamental Rights ………………………………………………………………………………...4-10

3.1 Freedom of Speech ...........................................................................................................................4

3.2 Free Speech of Public Functionaries .................................................................................................4
3.3 Euthanasia .........................................................................................................................................4
3.4 Excommunication and Essential Religious Practice .........................................................................5
3.5 Triple Test Formula ..........................................................................................................................5
3.6 PIB’s Fact Check Unit ......................................................................................................................5
3.7 National Security Act ........................................................................................................................6
3.8 Right to Protect Genetic Information: ...............................................................................................7
3.9 Right to Change Name ......................................................................................................................7
3.10 Universal Declaration of Human Rights (UDHR) ..........................................................................8
3.11 NARCO Analysis Test ....................................................................................................................8
3.12 Right To Silence .............................................................................................................................8
3.13 High Court on Right to Residence for Foreigners ..........................................................................9
3.14 News in Shorts ................................................................................................................................9

4. Directive Principles of State Policy .…………………………………………………………………..11

4.1 Compassionate Appointment ..........................................................................................................11
5. Union Executive ………………………………………………………………………………………..12

5.1 Office of Profit ................................................................................................................................ 12

5.2 Solicitor General of India ................................................................................................................ 12

6. Parliament and State Legislature ………………………………………………………………....13-19

6.1 Joint Parliamentary Committee ....................................................................................................... 13

6.2 Expungement of Proceedings in the Parliament ............................................................................. 13
6.3 Delegated Legislation ..................................................................................................................... 13
6.4 Disqualification of Lawmaker ........................................................................................................ 14
6.5 Suspension of Member of Parliament ............................................................................................. 15
6.6 Ethics Panel ..................................................................................................................................... 15
6.7 Parliamentary Privileges ................................................................................................................ 16
6.8 Rules of Rajya Sabha ...................................................................................................................... 16
 6.9 Office of Whip ................................................................................................................................ 17
6.10 Deputy Chief Minister and Guardian Minister ............................................................................. 18
6.11 Reservation of Women in Legislature .......................................................................................... 18
6.12 Special Session of Parliament ....................................................................................................... 19
6.13 Immunity to Legislators ................................................................................................................ 19

7. Federal Relations ………………………..…………………………………………………...…… 20-24

7.1 Tamil Nadu Case............................................................................................................................. 20

7.2 Governor ......................................................................................................................................... 20
7.3 GST Appellate Tribunal .................................................................................................................. 21
7.4 Government of National Capital Territory of Delhi (Amendment) Act, 2023 ............................... 22
7.5 MM Punchhi Commission .............................................................................................................. 23
7.6 North Eastern Council..................................................................................................................... 24
7.7 16th Finance Commission............................................................................................................... 24
7.8 Special Category Status .................................................................................................................. 24

8. Judicial System ..…………………………………………………………………………………... 25-34

8.1 Chargesheets and FIRs .................................................................................................................... 25

8.2 Mandatory Minimum Sentencing ................................................................................................... 25
8.3 Neutral Citation System ................................................................................................................. 26
8.4 Judicial Majoritarianism ................................................................................................................. 26
8.5 Foreign Lawyers and Firms in India ............................................................................................... 26
8.6 LIMBS Project ................................................................................................................................ 26
8.7 Parole and Furlough ........................................................................................................................ 27
8.8 Digitization of Indian Judiciary ...................................................................................................... 27
8.9 Collegium System ........................................................................................................................... 28
8.10 Senior Lawyers and Advocates ..................................................................................................... 29
8.11 Sealed Cover Jurisprudence .......................................................................................................... 29
8.12 Detention and Custody .................................................................................................................. 30
8.13 Review Petition ............................................................................................................................. 30
8.14 Bail ................................................................................................................................................ 31
8.15 Stamping and Arbitration .............................................................................................................. 31
8.16 Criminal Law Reform Bills........................................................................................................... 32
8.17 Legal Services Committee ............................................................................................................ 33
8.18 News in Short ................................................................................................................................ 34

9. Elections ………………………………….…………………………………………………….…..35-39

9.1 Representation of People Act, 1951 ................................................................................................35

9.2 Contesting Two Seats In One Poll ..................................................................................................35
9.3 Chief Election Commissioner and Other ECs .................................................................................35
9.4 Electoral Bonds ...............................................................................................................................36
9.5 Political Parties ...............................................................................................................................36
9.6 Electronically Transmitted Postal Ballot System ............................................................................37
9.7 Delimitation Exercise......................................................................................................................37
9.8 OPS Vs NPS ...................................................................................................................................38
9.9 Digital Time Vouchers ....................................................................................................................38
9.10 News in Short ................................................................................................................................39
10. Scheduled and Tribal Areas ..…………………………….………………………………..…… 40-41

11. Local Self Government & Cooperatives ……………………..………………………………... 42-44

11.1 Alderman: Right To Vote .............................................................................................................42
11.2 Multi-State Cooperative Societies (Amendment) Act, 2022 ........................................................42
11.3 Nagaland’s Municipal Act ............................................................................................................43
11.4 Panchayat Development Index......................................................................................................44
12. Constitutional, Statutory and Executive Bodies ………………………………………..……... 45-46

12.1 The Competition (Amendment) Bill 2023 ....................................................................................45

12.2 National Human Rights Commission (NHRC) .............................................................................45
12.3 General Consent ............................................................................................................................46
12.4 Enforcement Directorate ...............................................................................................................46
13. Significant Policies & Legislations ………………………………………………………….…... 47-57

13.1 Caste Census .................................................................................................................................47

13.2 IT Regulations ...............................................................................................................................47
13.3 Organ Donation Policy .................................................................................................................51
13.4 Amendments to PMLA Rules .......................................................................................................52
13.5 Decennial Census ..........................................................................................................................53
13.6 Jan Vishwas Act 2023 ...................................................................................................................53
13.7 News Broadcasting and Digital Standards Authority ...................................................................54
13.8 National Generic Document Registration System ........................................................................54
13.9 Digital Personal Data Protection (DPDP) Bill 2022 .....................................................................54
13.10 Mediation Act 2023 ...................................................................................................................55
13.11 Mines and Minerals Act 1957 .....................................................................................................56
13.12 Telecommunications Act 2023 ...................................................................................................56
13.13 Press and Registration of Periodicals Bill ...................................................................................56
13.14 Post Office Act, 2023 ..................................................................................................................57
14. Miscellaneous …………………….………………………………………………………….…... 58-63

14.1 Henley Passport Index 2023 .........................................................................................................58

14.2 Pennaiyar Tribunal ........................................................................................................................58
14.3 Bootlegging ...................................................................................................................................58
14.4 United Nations Convention Against Corruption ...........................................................................58
14.5 Dotted Lands .................................................................................................................................58
14.6 CPGRAMS ...................................................................................................................................58
14.7 RTI Act .........................................................................................................................................59
14.8 FCRA Violations ..........................................................................................................................59
14.9 Adverse Possession .......................................................................................................................60
14.10 Simultaneous Elections ...............................................................................................................60
14.11 Keralam .......................................................................................................................................60
14.12 Official Language .......................................................................................................................60
14.13 Dark Patterns ...............................................................................................................................61
14.14 Right to Repair ............................................................................................................................62
14.15 Copyright Law ............................................................................................................................62
14.16 PRAGATI ...................................................................................................................................62
 14.17 Sports Governance ......................................................................................................................63
14.18 State DGPs ..................................................................................................................................63
14.19 Consumer Protection Act 2019 ...................................................................................................63
14.20 Kollam.........................................................................................................................................63
Articles and Terms in News …………………….……………………………………………….…........64

Appendix …………………..…………………….……………………………………………….…........66
 1
Constitutional Developments

1.1 Article 370 More on News:

• Recently, a Constitutional Bench handling a
Context: Recently, the SC upheld the
petition on Article 370 abrogation stated that
government's decision to suspend Article 370.
a President's actions under Article 356 must
About Article 370:
be reasonable.
• Article 370 of the Constitution gave special
• The SC court held that it can review the
status to Jammu and Kashmir in the Indian
exercise of power and assess whether
Union.
Parliament's use of Article 356 has a
• It restricted the Centre’s legislative powers
reasonable connection with the objective
with respect to the state and gave the state
intended by the Proclamation.
legislature to make its own laws in all matters
• However, the court emphasised that the
except for finance, defence, foreign affairs
President's exercise of power for the
and communications.
"everyday administration of the State" is
generally not subject to routine judicial
review.
• The court held that it is the responsibility of
the individual challenging the President's
actions during an emergency to prove that
they had malafide intent.
• The Bench held that if a case was established,
the responsibility would shift to the Centre to
justify the exercise of power.
• The Supreme Court relied on the S R Bommai
ruling to hold that the actions of the President
are constitutionally valid.
About SR Bommai Case 1994:
• In this case, the SC unanimously held that the
President’s proclamation can be subject to
judicial review on grounds of illegality,
About Article 35A of the Indian Constitution:
malafide, extraneous considerations, abuse
• It was introduced through a presidential
of power, or fraud.
order in 1954 to continue the old provisions of
• While the President’s subjective appraisal of
the territory regulations and it empowered the
the issue cannot be examined, the Court held
Jammu and Kashmir state legislature to define
that the material relied on for making the
permanent residents.
decision can be reviewed. Until then, the
• It forbade outsiders from permanently
President can only suspend the state
settling, buying land, holding local
legislature.
government jobs or winning education
• If the Parliament fails to approve the
scholarships; it also barred female residents
proclamation within two months, the
of Jammu and Kashmir from property rights
dismissed government will automatically be
if they married a person from outside the
reinstated.
erstwhile state.

1
 2
2.1 Section 6A of Citizenship Act
Context: Recently, the Chief Justice of India (CJI)
verbally observed Section 6A of the Citizenship
Act, is a "beneficial provision."
About Section 6A of Citizenship Act:
• Section 6A was inserted to accommodate
provisions of the Assam Accord.
• As per Section 6A of the Citizenship Act,
people who entered India between January 1,
1966, and March 25, 1971, and have been
living in Assam, will be allowed to register
themselves as citizens.
• The foreigners who entered Assam before
January 1, 1966, and have been "ordinarily
resident" in the state, would have all the
rights and obligations of Indian citizens.
• Those who had entered between January 1,
1966 and March 25, 1971 would have the same
rights and obligations except that they would
not be able to vote for 10 years.
• It establishes March 24, 1971, as the cut-off
date for entry into Assam, meaning those
entering the state after that date would be
considered "illegal immigrants.
About Assam Accord:
• Assam Accord. a Memorandum of
Settlement, is a tripartite accord signed
between the Centre, State Government of
Assam and the leaders of the Assam
Movement in 1985.
• Clause 5 of the Accord establishes January 1,
1966, as the cut-off to detect and delete
"foreigners," with exceptions for those
arriving before March 24, 1971.
About Citizenship Act 1955:
• The Citizenship Act, 1955 regulates who may
acquire Indian citizenship and on what
grounds. However, illegal migrants are
prohibited from acquiring Indian citizenship.
2
Citizenship
• An illegal migrant is a foreigner who enters
the country without valid travel documents,
like a passport and visa, or Enters with valid
documents, but stays beyond the permitted
time period.
2.2 National Population Register
(NPR)
Context: Advisory for citizens using self-fill
Census forms to update their NPR details online.
About NPR:
• NPR is a database of all usual residents,
aiming to create a comprehensive identity
record of people in the country.
• A usual resident is a person who has resided
in a place for six months or more and intends
to reside there for another six months or
more.
• It is mandatory for every “usual resident of
India” to register in the NPR.
• The NPR is prepared under the provisions of
the Citizenship Act 1955 and the Citizenship
(Registration of Citizens and Issue of
National Identity Cards) Rules, 2003.
2.3 Foreigners Tribunal
Context: Recently, the Union Government
submitted an affidavit in the Supreme Court
stating that 32,381 people were ‘detected to be
foreigners’ by the Foreigners Tribunal in Assam
since 1966.
About Foreigners Tribunal:
• Foreigners Tribunal are quasi-judicial bodies
set up under the Foreigners’ Tribunal Order,
1964 and the Foreigners Act, 1946 to enable
state administration (District Collector /
superintendents of police (SPs) to refer to a
person suspected of being a foreigner and it is
functioning only in the state of Assam
presently.
• The Tribunal possesses powers of a Civil Court while trying a suit under The CPC, 1908. The Court
can summon and request the attendance of any individual and examine him/her on oath and the
Tribunal can request anyone to produce the necessary documents.

2.4 Dunki
Context: The recently released film ‘Dunki’ focuses on the issue of immigration.
About Dunki:
• The title Dunki is taken from the term “donkey journey”, which refers to the long-winding, often
dangerous routes involved in dangerous immigration and these trips are undertaken due to a lack of
requisite legal permits or financial resources.

Passport in India:
• As per the Ministry of External Affairs, there was no practice of issuing Indian passports before the
First World War, and it was during the First World War (1914 to 1918), the British government
enacted the Defence of India Act making the possession of a passport necessary for leaving and
entering India.
Types of Passports in India:
1. Ordinary Passports: These are blue-coloured passports for common citizens.
2. Diplomat Passports: These maroon-coloured passports are issued to Indian diplomats and senior
government officials.
3. Orange Passport: These ECR passports were introduced in 2018 to identify people who are at higher
risk of getting exploited. People who have not studied beyond class 10 are issued this ECR
(emigration check required) category passport.
4. White Passport: It’s one of the most powerful passports given to government officials travelling
abroad for official work.

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 3
Fundamental Rights
3.1 Freedom of Speech
Context: The Supreme Court has ruled that the
fundamental rights enshrined in Articles 19 and
21 are enforceable even against persons other
than the state or its instrumentalities.
Case Judgement:
• The Supreme Court held that the right of free
speech and expression (Article 19(1)(a))
cannot be curbed by any additional grounds
other than those already laid down in Article
19(2).
Reference to Previous Court Rulings:
• In KS Puttaswamy Verdict 2017, the Court
upheld that the right to privacy is a right that
protects individuals from interference by both
the state and non-state actors.
Views of SC on hate speech:
• The court said derogatory speech that closely
resembled hate speech did not fall within the
ambit of the free speech right.
About Hate Speech:
• The Law Commission defines Hate Speech
as an incitement to hatred primarily against
a group of persons in terms of race, ethnicity,
gender, sexual orientation, religious belief,
and the like.
• India does not have a formal legal
framework for dealing with hate speech.
• Section 295A of the IPC: It defines and
punishes deliberate malicious acts that insult
religious beliefs to outrage feelings.
• Section 153A of IPC: Penalizes promoting
enmity between groups based on religion,
race, and other factors and acts harmful to
harmony.

3.3 Euthanasia
Context: Recently, the Supreme Court agreed to
ease the procedure for passive euthanasia in the
country by altering the existing guidelines for
‘living wills.’

3.2 Free Speech of Public Functionaries

Context: The Supreme Court recently ruled that
a government isn't liable for statements made by
its ministers, even if related to state affairs.
Case Judgement:
• Concept of collective responsibility is a
political concept and is the responsibility of
the Council of Ministers, not the individual
ministers.
• Individual Responsibility: A minister can
make statements in two roles, Personal and
Official, as a government delegate.

4

Euthanasia and Living Will:
• Euthanasia is the intentional ending of one's
life to relieve unbearable suffering,
administered by a physician, and can be either
'active' or 'passive.'
• Advance Medical Directive: A legal
document that extends a person's control over
health care decisions in the event that the
person becomes incapacitated.
Who can execute the advance directive, and
how?
• The advance medical directive can only be
executed by an adult who is in a sound and
healthy state of mind.
• It must be voluntarily executed without
coercion, inducement, or compulsion.
• Consent of the individual is necessary, and it
shall be in writing “stating as to when medical
treatment may be withdrawn.“
3.4 Excommunication and Essential
Religious Practice
Context: The ongoing Central Board of Dawoodi
Bohra Community vs. The State Of
Maharashtra case.
Effects of Excommunication:
• The practice of excommunication disentitles
individuals from using communal mosques
and burial grounds and regards them as
outcasts, which is alleged to violate Article 17
(Abolition of Untouchability).
5
Doctrine of Essential Religious Practices:
• The Doctrine of Essential Practices is a legal
doctrine that protects religious practices that
are essential or integral to religion and
doesn't violate any fundamental right.
• The Supreme Court introduced the
"essentiality" doctrine in the 1954 'Shirur
Mutt' case, defining "religion" to include all
rituals and practices integral to it.
3.5 Triple Test Formula
Context: The Uttar Pradesh government formed
a five-member commission to ensure Other
Backward Classes (OBC) reservation in local
bodies adheres to the Triple Test Formula.
About Triple Test Formula:
• In the K. Krishna Murthy Case 2010, SC laid
down a Triple Test for reserving seats in
local body polls.
• Before finalising OBC reservation in local
body elections, the government must fulfil
three tasks as per the triple test.
1. Set up a dedicated commission to conduct
an empirical inquiry into the implications
of backwardness in local bodies.
2. Specify the proportion of reservations
local bodies require considering the
commission's recommendations.
3. Ensure reservations for SCs/STs/OBCs
taken together do not exceed an aggregate
of 50% of the total seats.
About OBCs:
• OBC is a collective term classifying
educationally and socially backward castes.
• In 1991, the government recommended a 27%
quota for OBCs in public sector jobs and
higher education, increasing the total to 49%.
• The Justice Rohini Commission was
established under Article 340 to consider OBC
sub-categorization.
Article 340:
• Appointment of a commission to investigate
the conditions of backward classes.
3.6 PIB’s Fact Check Unit
Context: The Fact Check Unit (FCU) of PIB was
suggested to be included in IT Rules to address
the issue of fake news.
• ‘Yellow Journalism’ and ‘Tabloid
Journalism’ are the terms used for fake news.
• Yellow Journalism is an American term for
sensationalist journalism that prioritises
sensationalism over facts, using attention-
grabbing headlines to boost sales.
• Laws, including the IT Act, Disaster
Management Act, and Indian Penal Code
1860, deal with the menace of Fake News.
• In Tehseen Poonawalla Case (2018): The Fig.: Historical background of PIB.
Supreme Court held that it is the duty of the
Union and State governments to take steps to 3.7 National Security Act
curb dissemination of fake news and
Context: Recently, the National Security Act was
disinformation.
invoked in the Khalistan Issue Case.
Section 3 of the Information Technology About National Security Act (NSA) 1980:
(Intermediary Guidelines and Digital Media • NSA is a preventive detention law that
Ethics Code) Rules, 2021 provides for “due empowers the state to detain a person
diligence” by an intermediary. without a formal charge and trial.
Post-truth: • This Act allows for the detention of
• It is the deliberate distortion of reality and the individuals to prevent actions prejudicial to
manipulation of beliefs and emotions with the "state security" or "public order.
aim of influencing the population’s opinions
and decisions. Article 22 of the Indian Constitution:
• Protection in cases of Arrest and Detention.
• Preventive detention: Without trial and
Legal Measures to Curb Fake News: conviction by court.
• Digital Personal Data Protection Act 2023 • Punitive detention: Punishment after trial
• Indian Penal Code Section 153 (A) and conviction.
• Article 22 (1): Confers the rights of a person
• Section 69A of the IT Act, 2000
who is arrested or detained under an ordinary
• Disaster Management Act, 2005
law. These include:
• IT Rules, 2021
o Right to be informed of the grounds of
• IT (Intermediary Guidelines and Digital
arrest;
Media Ethics Code) Amendment Rules, 2023
o Right to consult and be defended by a legal
Global Measures:
practitioner;
• European Union: Code of Practice on
o Right to be produced before a magistrate
Disinformation 2022.
within 24 hours (excluding the journey
• United Kingdom: Online Safety Bill
time);
o Right to be released after 24 hours unless
the magistrate authorizes further
About PIB (Ministry of Information and
detention.
Broadcasting):
o These safeguards are not available to an
• PIB is the official agency of the government
enemy alien or a person arrested or
for sharing information with the media about
detained under a preventive detention law.
government policies, programs, and
• Article 22(2): Grants protection to persons
achievements.
who are arrested or detained under a
• It acts as a bridge between the government
preventive detention law.
and the media, gathering public feedback
o Available to both citizens as well as aliens.
from media sources.

6

o The detention of a person cannot exceed
three months unless the advisory board
reports sufficient cause for extended
detention. The board is to consist of judges
of a High Court.
• Article 22 also authorizes the Parliament to
prescribe circumstances and classes of cases in
which a person can be detained for more than
three months under a preventive detention
law without obtaining the opinion of an
advisory board; maximum period for which a
person can be detained under a preventive
detention law; procedure to be followed by an
advisory board.
• Parliament has exclusive authority to make a
law of preventive detention with respect to
defence, foreign affairs, and the security of
India.
• Both Parliament and State Legislatures can
concurrently make a law of preventive
detention for security of state, maintenance of
public order, supplies & services essential to
the community.
• Administrative detention orders are issued
either by the Divisional Commissioner or
District Magistrate, and not the Police.
• Implications of NSA:
o It takes away an individual's constitutional
right to be produced before the magistrate
within 24 hours.
o It takes away the right of a detained
person to move a bail application before a
criminal court.
• Detention under NSA:
o An individual can be held in detention
without formal charges for up to 12
months, with the possibility of extension.
o Under exceptional circumstances, the
detained individual may be held for a
period of 10-12 days without being
notified of the charges against them.
3.8 Right to Protect Genetic
Information
Context: Recently, the Supreme Court ruled that
DNA tests on children should only be used as a
last resort to prove infidelity.
7
About Right to Protect Genetic Information:
• The right to protect Genetic Data is a
fundamental right that recognizes an
individual's autonomy and control over their
own personal and intimate genetic data.
• It is also recognised under the Universal
Declaration of Human Rights and the
International Covenant on Civil and Political
Rights.
Significant Insights from the Ruling:
• The Supreme Court has ruled that children
have the right to protect their genetic
information from DNA testing in divorce
proceedings, as it is their fundamental right to
privacy, guaranteed under Article 21 of the
Constitution.
• Allowing DNA tests would harm the
reputation and dignity of the mother.
• Family courts should only order a DNA test
when it is necessary and in the interest of
justice as a last option.
Regulations pertaining to DNA Testing:
• In India, no explicit legal statute governs
DNA testing; Indian courts rely on Section 45
of the Indian Evidence Act of 1872 for
scientific evidence.
• Under Section 53 of the Code of Criminal
Procedure 1973, police can seek assistance
from medical professionals for investigations.
• The DNA Technology (Use and Application)
Regulation Bill, 2019, attempted to establish a
regulatory framework for the usage of DNA
information.
UN Convention on the Rights of the Child 1989:
• UNCRC recognizes individuals under 18 as
children and outlines the civil, political,
economic, social, and cultural rights of every
child, regardless of their race, religion, or
abilities.
• All UN members, except the US, have ratified
it.
3.9 Right to Change Name
Context: Recently, Allahabad and Delhi HC said
that the right to change one’s name or surname
is a part of the right to life under Article 21.
Case News:
• The Allahabad High Court stated that the
prohibition to change one’s name violates the
fundamental rights guaranteed under Article
19(1)(a), Article 21, and Article 14 of the
Constitution.
• The right to keep a name of choice or change
the name according to personal preference
falls within the broad scope of the right to life
guaranteed under Article 21.
• The State cannot obstruct the use of a
preferred name unless restricted by Article
19(2) or by just, fair, and reasonable laws.
• Name is an intrinsic element of identity and
is protected under the right to privacy.
• The Delhi High Court held that the right to
identity is an integral part of the right to life
under Article 21.
3.10 Universal Declaration of Human
Rights (UDHR)
Context: Recently, the UDHR’s “Human Rights
75 initiative” was concluded.
More on news: (Refer to Appendix 1)
• Human Rights 75 Initiative marks the 75th
anniversary of the UDHR.
• Theme: Dignity, Freedom, and Justice for All.
About Human Rights and UDHR:
• These universal rights are inherent to
everyone, regardless of nationality, sex,
origin, color, religion, language, or any other
status.
• The UDHR, along with the International
Covenants on Civil and Political Rights and
Economic, Social, and Cultural Rights,
constitute the International Bill of Rights.
• UDHR is not legally binding.
• Vienna Declaration and Programme of
Action (VDPA): It's a human rights
declaration adopted by consensus at the 1993
World Conference on Human Rights in
Vienna, Austria.
• Responsibility to Protect (R2P): It's an
international norm aimed at preventing mass
atrocity crimes like genocide, war crimes,
ethnic cleansing, and crimes against
humanity.
8
3.11 NARCO Analysis Test
Context: Recently, wrestlers in Delhi demanded
Narco tests.
About Forensic Tests:
• NARCO Analysis Test: In a NARCO Test,
Sodium Pentothal, also called 'truth
serum', is injected to lower a person's self-
consciousness, enabling uninhibited speech.
o Narco analysis reports are not admissible
as primary evidence in court, but
information or materials discovered
through voluntary test results can be
admitted under Section 27 of the Evidence
Act 1872.
• Polygraph Test: It measures physiological
responses like blood pressure, pulse,
breathing, and sweat gland activity without
injections while the subject answers
questions.
• Brain Mapping Test: Also known as the P-300
test, it maps brain activity without measuring
physiological behaviour. It's similar to the
polygraph test and involves neuroimaging to
enhance brain images through data processing
or analysis.
• In the Selvi Case, the Supreme Court ruled
that NARCO analysis, brain mapping, and
polygraph tests require the person's consent.
Constitutional Bits:
• Article 20 (3) (Right against self-
incrimination) states that no person accused
of an offence shall be compelled to be a
witness against himself/herself.
• Article 21 (Right to life and personal liberty)
also includes a ‘right against cruel, inhuman
or degrading treatment.’
3.12 Right To Silence
Context: Recently, the Supreme Court affirmed
that all accused individuals have the Right to
Silence, in alignment with the Right against
Self-Incrimination.
Constitutional Bits:
• Article 20: It grants protection against
arbitrary and excessive punishment to an
accused person, whether a citizen or
foreigner or a legal person like a company or
a corporation.
• It includes: No ex-post-facto law, No double
jeopardy, No self-incrimination.
• Article 20(3): It states that “no person accused
of any offence shall be compelled to be a
witness against himself.”
o The protection of this clause is limited only
to criminal proceedings. Under civil
proceedings, a person cannot refuse to
answer a question using the defense of
Article 20(3).
3.13 High Court on Right to Residence
for Foreigners
Context: Recently, the Delhi High Court specified
that the Right to Reside in India under Article
19(1)(e) of the Constitution of India cannot be
claimed by foreigners.
Observation by the Court:
• In Hans Muller of Nurenburg Case
1955: The Supreme Court observed that the
power of the Indian government to expel
foreigners is absolute and unlimited, and
there is no provision in the Constitution
fettering such discretion.
• The rights of foreigners are limited to those
declared under Article 21 of the Constitution
of India, i.e., the Fundamental Right to Life
and Liberty.
Fundamental Rights to Foreigners in the Indian
Constitution:
Article 14 Legal equality and equal
protection under the law.
Article 20 Protection in respect
conviction for offences.
Article 21 Protection of life and liberty.
Article 21(A) Right to primary education.
Article 22 Protection against arrest and
imprisonment in certain
circumstances.
Article 23 Prohibition of human
trafficking and forced labor.
Article 24 Prohibition of child labour in
factories.
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 religious
instruction or worship in
certain educational
institutions.
Legal Rights of Foreigners:
• The Registration of Foreigners Act of 1939
and the Foreigners Act of 1946 control
foreigners’ admission, stay, and exit from
India. These laws give the central government
powers to uphold fundamental rights for
foreigners.
o Section 3 of the Foreigners Act of 1946: It
contains government regulations ranging
from imposing movement restrictions to
prohibiting association with persons of a
prescribed or specified description to
requiring foreigners to reside in a specific
location.
▪ It also includes provisions for house arrest,
imprisonment, solitary confinement, and
summary expulsion from India
of o The Passport Act of 1920 and the
Foreigners Act of 1946: It allows for the
expulsion or deportation of a person from
India.
3.14 News in Shorts
3.14.1 Affinity Test
Context: Recently, the Supreme Court ruled that
"Affinity Test" cannot be the sole determinant of
a caste or tribe claim.
About Affinity Test:
• An affinity test requires authorities to
investigate and compile a report on caste or
tribe claims, considering their unique
anthropological and ethnological
9
 characteristics, deities, rituals, customs,
marriage and death practices, and the
applicant's familiarity with them.
• It serves to validate the documentary evidence
presented by the applicant for their caste or
tribe claim.
3.14.2 Internet Shutdown Techniques
Context: Internet Advocacy Watchdog Report
pointed out that India topped the Internet
shutdowns in 2022.
Techniques used to impose Internet Shutdown:
• DNS Tampering: It permits the
“deregistration” of domains hosting
malicious content, rendering the website
invisible to users.
• IP Blocking: It enables government to
blacklist certain IP addresses of websites.
• URL Filtering: It enables scanning of the
requested Uniform Resource Locator (URL)
string for target words. The connection will
be reset for the URL, including forbidden
terms.
3.14.3 Personality Rights
Context: Recently, the Delhi High Court granted
requests to protect personality rights from
potential misuse by third parties.
About Personality Rights:
• The name, voice, signature, images, or any
other feature easily identified by the public
are markers of a celebrity’s personality and
are referred to loosely as “personality
rights.”
10
• In India, personality rights, though not
explicitly stated in any statute, are implicitly
covered under the right to privacy and the
right to property.
Right to Publicity:
• The right to prevent one's image and likeness
from being commercially used without
consent or contractual payment.
• Governed under statutes like the Trade Marks
Act 1999 and the Copyright Act 1957.
Personality Rights under International
Conventions:
• No specific international convention or
treaty explicitly protects publicity rights to
date, though some can be inferred from
existing international conventions.
o Rome Convention 1961 protects
performers’ rights, phonogram producers’
rights, and broadcasting rights.
o TRIPS Agreement 1994 secures certain
rights of the phonogram producers, live
performers and broadcast rights.
o WIPO Performances and Phonograms
Treaty (WPPT) protects the rights of
performers and phonogram producers,
particularly in digital environments.
 4
Directive Principles Of State Policy
4.1 Compassionate Appointment
Context: The Supreme Court recently denied
'compassionate appointment' requests from
dependents of deceased government employees
in West Bengal.
About ‘Compassionate Appointment’:
• The Concept of compassionate appointments
can be traced to Article 39 under the Directive
Principles of State Policy of the Indian
Constitution.
• It aims to provide employment on
compassionate grounds to the dependent
family members of a government servant who
dies in harness or retires on medical grounds,
leaving the family without any source of
sustenance.
Directives of Supreme Court:
• Compassionate Appointment is neither a
source of recruitment nor a vested right, and
it cannot be claimed or offered after a lapse of
time and after the crisis is over.
11
Article 39:
The state shall direct its policies towards
securing:
a. adequate means of livelihood for its citizens,
men and women equally.
b. that the ownership and control of material
resources of the community are so distributed
as best to serve the common good.
c. that the operation of the economic system
doesn’t result in the concentration of wealth
and means of production.
d. equal pay for equal work for men and
women.
e. preservation of health and strength of
workers and children against forcible abuse.
f. opportunity for the healthy development of
children and the protection of childhood and
youth against moral and material
development.
 5
Union Executive
5.1 Office of Profit
Context: Madras High Court rejected a writ of
quo warranto challenging the Tamil Nadu
Governor's dual role as the Chairman of the
Auroville Foundation Board of Governors while
holding government office.
Case Developments:
• The petitioner contended that Article 158(2) of
the Constitution prohibits Governors from
holding any other office of profit.
• However, the court held that a writ petition
against the Governor could not be entertained
in view of the immunity enjoyed under
Article 361 of the Constitution.
About the Office of Profit:
• The Constitution doesn’t define "office of
profit," with its meaning evolving as a
position that brings to the office-holder some
financial gain, advantage, or benefit.
• In 1964, the Supreme Court ruled that the test
for determining whether a person holds an
office of profit is the “Test of Appointment.”
About Article 361:
• The President or a State Governor is not
accountable to any court for the exercise of
their powers, duties, or actions in their official
capacity.
5.2 Solicitor General of India
Context: Recently, the Appointment Committee
of the Union Cabinet approved the
reappointment of Tushar Mehta as Solicitor
General of India.
12
About Solicitor General of India:
• The Solicitor General of India is the second-
highest law officer in the country and assists
the Attorney-General, along with the
Additional Solicitor General (ASG), in
performing their legal duties.
• The Indian Constitution does not explicitly
mention the post of the Solicitor General. It
only defines the role and responsibilities of
the Attorney General of India under Article
76.
Article 76:
• The President shall appoint a person who is
qualified to be appointed a Judge of the
Supreme Court to be Attorney General for
India.
• It shall be the duty of the Attorney General to
give advice to the Government of India upon
legal matters and to perform other duties of a
legal character as referred or assigned to him
by the President.
• In the performance of his duties, the Attorney
General shall have the right of audience in
all courts in the territory of India.
• The Attorney General shall hold office during
the pleasure of the President and shall
receive such remuneration as the President
may determine the Conduct of Government
Business.
 6
Parliament And State Legislature
6.1 Joint Parliamentary Committee
Context: The Opposition demanded a probe by a
Joint Parliamentary Committee (JPC) into the
allegations of fraud and stock manipulation
against the Adani Group.
About Joint Parliamentary Committee (JPC):
• A JPC is set up by the Parliament for a special
purpose, like the detailed scrutiny of a subject
or bill.
• It has members from both the Houses and
from both the ruling parties and the
opposition.
• It is dissolved after its term ends or its task
has been completed.
• The recommendations of a JPC are not
binding on the government.
13
Setting up of JPC:
• A JPC is set up after one house of Parliament
has passed a motion and the other has agreed
to it.
• Members of the JPC are decided by the
Parliament. The number of members can vary
as there is no fixed number.
6.2 Expungement of Proceedings in the
Parliament
Context: Portions of an MP’s speech delivered in
Lok Sabha have been expunged (no longer exist
in records, even if they were broadcast live.) by
the orders of the Speaker.
Expunging of Proceedings in the Indian
Parliament:
• Article 105(2): MPs are immune from legal
proceedings for anything said in Parliament.
• Rule 380 of the Rules of Procedure and
Conduct of Business in Lok Sabha: The
Speaker can expunge words from
Parliamentary proceedings if they are deemed
defamatory, indecent, unparliamentary, or
undignified.
• Rule 381: Expunged parts of the proceedings
are marked with asterisks, and a footnote
saying "Expunged as ordered by the Chair" is
inserted.
6.3 Delegated Legislation
Context: The Supreme Court upheld the 2016
demonetization decision and the delegated
legislation's validity, while the dissenting
opinion criticized excessive delegation of power
as arbitrary.
Delegated Legislation and Demonetization
Case:
• Delegated legislation is the delegation of
powers to authorities established by law.
• Section 26(2) of the Reserve Bank of India
Act, 1934, gives the Central government the
power to declare a denomination of currency
to cease to be legal tender, on
recommendation of the Central Board.
6.4 Disqualification of Lawmaker
• Section 9A: When there is a subsisting
contract between the person and the
government.
• Section 10: Disqualification for office under
government company
• Section 10A: Failure to lodge account for
election expenses.

Context: Recently, the Lok Sabha Secretariat

disqualified the Wayanad (Kerala) Lok Sabha Legal provisions of Defamation:
MP following his two-year jail sentence in a • Section 499 of the Indian Penal Code (IPC)
defamation case. states that defamation can occur through
About Disqualification: spoken or written words, signs, or visible
• Disqualification is prescribed in three representations.
situations: • Exceptions under Section 499: This includes
truth-based statements for the public good
Law Grounds for regarding government officials, public
Disqualification
matters, and public performance.
• Punishment under Section 500 of IPC: A
Articles 102(1) Holding an office of Profit,
penalty of up to two years simple
and 191(1) of the having an unsound mind,
Indian imprisonment, a fine, or both.
being insolvent or not
Constitution. having valid citizenship • In India, defamation can both be a civil
wrong and a criminal offence.
Tenth Schedule Defection from political • Defamation is one of the reasonable
of the party restrictions under Article 19(2) of Part III.
Constitution Constitutional bits:
• Article 102 provides for the disqualification
Representation Conviction in criminal cases of MPs, whereas Article 191 provides for the
of The People and others. disqualification of MLAs.
Act, 1951 • Article 102(1) elaborates instances when such
a disqualification may be done:
o If the person holds any undeclared office-
Grounds for Disqualification under RPA 1951:
for-profit under the Government
• Section 8: Conviction for certain offenses.
o If he is declared to be of unsound mind by
o Section 8(3) of the Act: Conviction for an a competent court
offence with a two-year sentence or more
o If he is an undischarged insolvent, etc.
leads to disqualification from the House.
o Article 102(2) empowers the Tenth
o Section 8(4) of the Act: Disqualification
Schedule, established by the Constitution
occurs after a three-month period from
(52nd Amendment) Act, 1985 to
the conviction date, during which the
disqualify members.
lawmaker could appeal.
This provision was declared
unconstitutional in the 2013 Supreme
Features of the Anti-Defection Law:
Court ruling in 'Lily Thomas v Union of
• Disqualification on grounds of defection:
India.'
o Voluntarily give up his party
• Section 8A: Corrupt Practices
membership.
• Section 9: Dismissal for corruption or
o Votes/Abstains to vote in the House
disloyalty
contrary to the direction issued by his
political party.

14
 o A member is not disqualified if he has exceeding the the House by
taken prior permission of his party or if remaining persistently and
the voting or abstention is condoned by period of the wilfully obstructing the
the party within 15 days. session. business
o Independent members will be
disqualified if they join a political party • Rule 374A: Speaker
after getting elected to the House. may suspend a
o Nominated members will be disqualified member in an event of
if they join any political party six months grave disorder by a
after getting nominated. Member such as
• Exemptions: — coming into the well of
the House or abusing
o Members are exempted when at least two-
the Rules of the House
thirds of the original political party
persistently and
merges with another political party.
wilfully obstructing its
• Decision Making Authority: Chairman /
business by shouting
Speaker of the House.
slogans.
Role of Presiding Officer:
• Disqualification under the Tenth Schedule Implications of Suspension:
is determined by the Chairman for the Rajya • Suspended MPs are not allowed to enter the
Sabha and the Speaker for the Lok Sabha. chamber or attend any meetings of the
• In the Kihoto Hollohan case (1992), the committees.
Supreme Court ruled that the decision of the • Suspended MPs are not allowed to give any
Chairman/Speaker in this regard is subject to notices for discussions, etc.
judicial review. • By convention, a suspended MP loses its right
to get replies to his/her questions.
6.5 Suspension of Member of Revocation of suspension:
• Lok Sabha: The Speaker has the authority to
Parliament
suspend a Member, but the power to lift this
Context: Recently, one Rajya Sabha MP was suspension is not within his/her jurisdiction.
suspended for the remainder of the session under The House, if it wishes, decides through a
Rule 256. motion to revoke the suspension.
Process of Suspension of MPs: • Rajya Sabha: The House, by motion,
terminates the suspension.
Rajya Sabha Lok Sabha
6.6 Ethics Panel
• Rule 255: The • Rule 373: If the speaker
chairman can is of the opinion that Context: Recently, the Lok Sabha Ethics
direct any the conduct of any Committee adopted a report recommending the
member whose member is grossly expulsion of an MP from the Lower House over
conduct is, in his disorderly, a “cash-for-query” allegation.
opinion, grossly he/she may direct About Lok Sabha Ethics Committee:
disorderly to such Member to • Lok Sabha Ethics Committee came into force
withdraw withdraw immediately in 2015 with a mandate to oversee the moral
immediately. from the House. and ethical conduct of the MPs.
• It examines complaints relating to the
• Rule 256: Under • Rule 374: Speaker may unethical conduct of an MP and makes
it, the chairman suspend a member who recommendations as it may deem fit.
can suspend a disregards the
• The composition of Lok Sabha Ethics
member for a authority of the Chair
Committee consists of 15 members appointed
period not or abuses the rules of
by the Speaker for one year.

15
• Any MP complaint can be referred to the
Committee by the Speaker and the Committee
investigates the charges prima facie
and issues recommendations to the Speaker,
who asks the House for consideration.
About Ethics Committee in Rajya Sabha:
• The first such committee in India was
constituted by the Chairman, Rajya Sabha, in
1997, and from then on, it consisted of 10
members appointed by the Chairman of Rajya
Sabha.
• The committee holds office until a new
committee is appointed, and the casual
vacancies arising are filled by the Chairman
from time to time.
6.7 Parliamentary Privileges
Context: The Rajya Sabha Chairman recently
directed the Privileges Committee to investigate
the "disorderly conduct" by 12 opposition
Members of Parliament.
Parliamentary Privileges:
• Parliamentary privileges are special rights,
immunities, and exemptions enjoyed by the
two Houses of Parliament, their committees,
and their members.
• Parliamentary privileges extend to individuals
allowed to speak and participate in
parliamentary proceedings and committees,
including the Attorney General of India and
Union Ministers.
• Article 105 mentions two privileges:
o Freedom of speech in Parliament
o Right of publication of its proceedings
• Article 361 of the Constitution provides
privileges and immunity for the President
and Governors.
What is a Privilege Motion, and who can move
it?
• A privilege motion is initiated when members
disregard rights and immunities and commit a
'breach of privilege,' punishable by
Parliament's laws.
• Any member can initiate a motion against an
alleged offender.
• Both Houses can penalize contemptuous
actions to safeguard their authority and
dignity, per the law.
16
• Adjudicating Authority: The Speaker/RS
chairperson is the first level of scrutiny of a
privilege motion.
Rules Governing Privilege Motion:
• Privilege rules are outlined in Lok Sabha Rule
222 and Rajya Sabha Rule 187.
• Members can raise questions about alleged
breaches of privilege with the Speaker or
Chairperson's consent.
About the Committee of Privileges:
• Examines the cases of breach of privileges of
the House and its members and recommends
appropriate action.
• The Lok Sabha Committee has 15 members
nominated by the Speaker, and the Rajya
Sabha Committee has 10 members nominated
by the Chairman.
• In Rajya Sabha, the Deputy Chairman heads
the Committee of Privilege.
• The Committee's reports are periodically
presented to the House by the Chairman or a
Committee member in the Chairman's
absence.
6.8 Rules of Rajya Sabha
Context: Opposition's demand for discussion in
the context of Manipur Violence under Rule 267
and Rule 167 of Rajya Sabha.
Rule 267 (Rules of Procedure and Conduct of
Business, Rajya Sabha):
• Any Rajya Sabha MP, with the Chairman's
consent, can propose suspending the
application of a rule for a motion related to
the day's Council business to discuss an issue
of importance the country is facing. If
approved, the rule will be temporarily
suspended.
• The decision to suspend a rule rests with the
other House members through a vote, and it
does not apply when specific provisions for
rule suspension already exist in a particular
chapter of the Rules.
Short Duration Discussion under Rule 176:
• Under Rule 176, an MP can raise a discussion
on a matter of urgent public importance.
• The time for discussion is determined by the
Business Advisory Committee.
• The MP must provide notice with the subject 6.9 Office of Whip
and reasons.
• The Chairman decides the notice's Context: Recently, the Supreme Court in the
admissibility after seeking information from Maharashtra Political Crisis observed that
the MP and the Minister if needed. Members of a House are bound by the "whip."
About Whip:
About Business Advisory Committee:
• It pertains to both a written directive for party
• The Business Advisory Committee, chaired
members in the House and the party official
ex-officio by the Speaker, comprises 15
authorised to issue it.
members nominated by the Speaker.
• The term originates from the British practice
• It was constituted for the first time in 1952.
of "whipping in" lawmakers to follow the
• The committee generally meets at the
party line.
beginning of each Session and as needed
• All parties can issue whips to their members,
thereafter.
compelling their presence for important votes
• It recommends the time that should be
or specific voting instructions.
allotted for the discussion.
• Parties designate a chief whip from their
• The decisions reached by the committee are
House members, assisted by additional
unanimous and representative of the whips, to issue directives.
collective view of the House.
• Leaders of parties with five or more Type of Whips:
members who are not represented on the • One-Line Whip is issued to inform party
committee are invited as special invitees. members of a vote and allows them to abstain
in case they decide not to follow the party
line.
More on News: • Two-Line Whip: Directs the party members to
• Recently, the Subordinate Legislation be present during the vote.
Committee of Rajya Sabha has observed that • Three-Line Whip: It places an obligation on
the Union government is delaying the members to follow the party line.
framing of rules/regulations for the Acts
Legality of the Whip's Authority:
passed by Parliament.
• The Office of Whip is mentioned neither in
About the Framing of Rules:
the Constitution of India nor in the Rules of
• Framing the rules is a duty of the Executive,
the House, nor does it have any statutory
and it is supposed to be done within six
basis.
months of passing the Act, and the
• It relies on parliamentary conventions.
government must table the rules of an Act in
• The Tenth Schedule (Anti-Defection Law)
Parliament.
allows a political party to issue a whip to its
• An extension may be granted for a maximum
legislators.
period of three months at a time.
Implications of Defying a Whip's Directive:
However, the reason needs to be stated.
• Disobeying the party whip can lead to
• Each House of Parliament has a Committee
disqualification, except when two-thirds of
on Subordinate Legislation to examine
the party's house strength defies it.
Rules, Regulations, and government orders in
• The Speaker/ Chairperson decides
detail.
disqualifications under the anti-defection
• The detailed guidelines are mentioned in the
law.
Manual of Parliamentary Procedures that is
• Whips cannot instruct MPs or MLAs to vote
issued by the Ministry of Parliamentary
in a particular fashion during Presidential
Affairs.
Elections.

17
Anti-Defection Law:
• Introduced by the 52nd CAA, 1985.
• It lays down the process by which legislators
may be disqualified on grounds of defection
by the Presiding Officer.
6.10 Deputy Chief Minister and
Guardian Minister
About Deputy Chief Minister:
• The position of Deputy Chief Minister is the
second most important in the Council of
Ministers after the CM, equivalent in rank
and enjoying the same pay and perks as a
state Cabinet Minister.
• The position is not constitutional, unlike the
Chief Minister and Cabinet Ministers.
• Article 163 and Article 164 of the constitution
do not include any mention of the 'Deputy
Chief Minister.'
About Guardian Minister
• The Guardian Minister is a minister at the
Cabinet level appointed by a state
government to supervise the progress of a
particular district within the state.
• The position is also not constitutional, unlike
the Chief Minister and Cabinet Ministers.
• The establishment of the position of Guardian
Minister aims to highlight the execution of
government policies, reforms, and public
welfare schemes in designated districts.
• He supervises the implementation of diverse
state government schemes and programs in
the district, ensuring the seamless operation of
district administration.
Constitutional Bits:
• Article 163 (1) states that there shall be a
Council of Ministers with the Chief Minister
as the head to aid and advise the Governor in
the exercise of his functions.
• Article 164(1) states that the Chief Minister
will be appointed by the Governor, and the
other Ministers will be appointed by the
Governor on the advice of the Chief Minister
and will hold office at the pleasure of the
Governor.
18
6.11 Reservation of Women in
Legislature
Context: The 'Nari Shakti Vandan Adhiniyam'
became the Constitution (106th Amendment
Act) after receiving Presidential assent.
Key Features of the Act:
• It mandates the reservation of one-third of the
total seats in the Lok Sabha for women.
• It proposes to introduce new articles—
Articles 330A and 332A—to the Constitution.
Article 330A:
• 1/3rd of the seats in Lok Sabha shall be
reserved for women. It includes 1/3rd
horizontal reservation in seats reserved for
SCs and STs.
Article 332A:
• 1/3rd of the seats in state assemblies shall be
reserved for women. It includes 1/3rd
horizontal reservation in seats reserved for
SCs and STs.
Article 239AA:
• 1/3rd of the seats in the assembly of the
National Capital Territory of Delhi shall be
reserved for women. It includes 1/3rd
horizontal reservation in seats for SCs.
Article 334: Reservation of seats and special
reservations to cease after a certain period.
• It provides for the reservation of seats for the
SCs and the STs in the Lok Sabha and
Legislative Assemblies of the States.
Article 334A:
• The reservation provisions would come into
effect after the delimitation is undertaken on
the basis of the first census. The Reservation
of seats in the House of People and state
assemblies will cease to have effect after the
expiration of 15 years.
• Article 334 is the sunset clause for the
reservation of seats for Scheduled Castes,
Scheduled Tribes, and Anglo-Indians.
• The bill extends its provisions to the
Legislative Assembly of the National Capital
Territory of Delhi.
• The amendment applies to the legislative
assemblies of all Indian states. It mandates the
reservation of one-third of the total seats,
including those for Scheduled Castes and
Scheduled Tribes, for women.
• Effective Post Delimitation: The provisions
related to seat reservation for women in the
Lok Sabha, State Assemblies, and Delhi
Assembly will be implemented after a
delimitation exercise is conducted.
• Rotation of Reserved Seats: The bill allows
for the rotation of reserved seats for women
in the Lok Sabha, State Assemblies, and Delhi
Assembly after each subsequent delimitation
exercise, as determined by Parliament.
6.12 Special Session of Parliament
Context: Recently, the government announced a
"special session" of Parliament.
About Special Session:
• The Constitution does not define the term
"special session."
• However, it is commonly used to refer to
sessions called for specific events or to
commemorate significant occasions.
• The summoning of Parliament is specified in
Article 85 of the Indian Constitution.
• It mandates that Parliament should meet at
least twice a year, and the gap between two
sessions should not exceed six months.
• The Cabinet Committee on Parliamentary
Affairs, under the government, determines
Parliament's meeting schedule, including
session dates and durations.
• The President is notified of the Committee's
decisions, and Members of Parliament (MPs)
are summoned accordingly for the sessions.
• The Constitution stipulates that there must be
no more than a six-month interval between
two parliamentary sessions, a provision
derived from the Government of India Act of
1935.
19
Constitutional Bits:
• Article 352 of the Constitution references a
"special sitting of the House" concerning a
Proclamation of Emergency.
• When Parliament is not in session, a request
for a special meeting to disapprove the
Emergency can be made by one-tenth of Lok
Sabha MPs.
6.13 Immunity to Legislators
Context: Recently, the CJI has established a
seven-judge bench to reevaluate the 1998
Constitution bench ruling on the P V Narasimha
Rao case, also called the JMM bribery case (1993).
More on News:
• The larger bench will examine the validity of
the verdict regarding the interpretation of
Articles 105(2) and 194(2) of the Constitution,
which grant privilege to members of
Parliament and state legislature, respectively.
The P V Narasimha Rao case (1998):
• A five-judge Constitution Bench had in 1998
in PV Narasimha Rao’s case held that a
lawmaker was immune to prosecution even if
he/she took money to vote on the floor of the
House.
• However, Two judges on the bench dissented,
arguing that this immunity should not apply
to cases where bribery is alleged.
About Constitution Bench:
• A Constitution Bench, comprising a
minimum of five Supreme Court judges, is
formed under Article 145(3) to interpret
constitutional provisions or address
"significant legal questions" that arise in
matters of law.
 7
Federal Relations
7.1 Tamil Nadu Case
Context: Conflict between Tamil Nadu
Government and Governor over changes to
assembly speech, leading to a resolution for the
original speech to be recorded.
Constitutional Provisions on the Special
Address:
• Article 87 requires the President to make a
special address to both Houses of
Parliament assembled on the
commencement of the first session of each
year.
• Article 176 requires the Governor to make a
special address at the first session of each
year of every State Legislative Assembly
and to both Houses wherever the State also
has a Legislative Council.
Judicial Observation and Constitutional
Convention:
• The Supreme Court stressed that the special
address is not merely ceremonial.
• In the UK and India, it's a longstanding
convention for the King, President, or
Governor to read the exact text of the speech
or special address.
• The Supreme Court recognises that
constitutional conventions are integral to
the Constitution, bridging gaps and
facilitating coordination among the three
branches.
Limits of the Discretionary Powers set by the
Supreme Court of India:
• Nabam Rebia Case 2016 held that Article
163 of the Constitution does not give the
Governor a “general discretionary power to
act against or without the advice of his
council of ministers.”
• Shamsher Singh case of 1974 affirmed that
the President and Governor must generally
follow the advice of their Ministers, with
exceptions in specific circumstances.
20
7.2 Governor
Context: Recently, the Supreme Court (SC) has
said that threats and dissent can’t be grounds for
the Governor to call a floor test in the wake of
the Maharashtra political crisis.
SC’s Observations on the Governor's Role in
Floor Test:
• Nabam Rebia Case (2016): The court held that
the power to summon the House is not solely
vested in the Governor and should be
exercised with aid and advice of the Council
of Ministers.
• Shivraj Singh Chouhan Case 2020: The Court
upheld the powers of the Speaker to call for a
floor test if there is a prima facie view that the
government has lost its majority.
About Floor Test:
• A floor test assesses the Chief Minister's or
government's majority support in the
legislative assembly.
• If doubts arise, a special session may be
called.
• During the test, only the votes of present
MLAs determine the majority for government
formation.
Constitutional Bits:
Article 174: Sessions of the State Legislature,
Prorogation, and Dissolution.
• It authorizes the Governor to summon,
dissolve, and prorogue the state legislative
assembly.
• The Governor shall periodically convene the
State Legislature's House or Houses, ensuring
no more than six months elapse between the
end of one session and the start of the next.
Article 174(2)(b):
• It gives powers to the Governor to dissolve
the Assembly on the aid and advice of the
Cabinet.
• However, the Governor can use his
discretion when the advice comes from a
government whose majority is in doubt.
Article 175(2): Right of Governor to address and
send messages to the House or Houses
• The Governor can summon the House to
conduct a floor test to verify if the
government maintains the necessary
majority.
• During a session, the Speaker can call for a
floor test, while the Governor can do so
when the Assembly is not in session, as per
Article 163's residuary powers.
More on News:
• Recently, the Supreme Court (SC) of India
has ruled that if the Governor withholds
assent to a Bill, they must obey Article 200 of
the Constitution.
• Further, the Supreme Court, in its latest
judgement, ruled that a “Governor cannot be
at liberty” to keep a “Bill pending
indefinitely without any action whatsoever”.
• The Governor can suggest changes to the
entire Bill or parts of it, including proposing
amendments.
• However, the final decision rests solely with
the legislature.
About Governors acting as Chancellors:
• Recently, the Supreme Court (SC) ruled that
Governors acting in their statutory capacity
as University Chancellors are not bound by
21
the aid and advice of the Council of
Ministers.
• The SC stated that the chancellor of the
state's universities cannot merely rubber-
stamp an action taken elsewhere or simply
endorse or ratify someone else's decision.
• When acting as Chancellor of a university
under statute, the Governor does so in a
separate and distinct capacity from their role
as state governor.
• The Governor's actions as Chancellor are
unrelated to their powers and duties as
Governor hence not bound to act under the
aid and advice of the council of ministers.
7.3 GST Appellate Tribunal
Context: Recently, the Lok Sabha cleared
changes in the Finance Bill to pave the way for
setting up an appellate tribunal for the resolution
of disputes under GST.
Recent Developments:
• Setting up of New benches: The proposed
Finance Bill 2023 suggests establishing GST
Appellate Tribunal benches in every state,
with a principal bench in Delhi specifically for
appeals related to 'place of supply.'
About GST Appellate Tribunal:
• Location: The National Bench shall be situated
in New Delhi.
• Composition: GSTAT shall be presided over
by its President and shall consist of one
Technical Member from each Centre and
State.
• Powers:
o As per the Code of Civil Procedure, 1908,
the GST Appellate Tribunal holds the same
powers as the Civil court for trying
adjudication.
o The Tribunal also has the power to impose
penalties, revoke or cancel registrations,
and take measures necessary to ensure
compliance with the GST laws.
• Governance of the GSTAT:
o National Bench: The National Appellate
Tribunal is situated in New Delhi, and
constitutes a National President (Head)
along with 2 Technical Members (1 from
the Centre and one State each)
 o Regional Benches: On the
recommendations of the GST Council, the
government can constitute (by notification)
an ‘N’ number of Regional Benches, as
required.
o State Bench and Area Bench: The
Government, on the recommendations of
the GST council, has notified a number of
State Benches.
• Common forum: The Goods and Services Tax
Appellate Tribunal is the forum of the second
appeal in GST laws and the first common
forum of dispute resolution between the
Centre and States.
• Functions:
o Being a common forum, GST Appellate
Tribunal will ensure that there is
uniformity in redressal of disputes arising
under GST, and therefore, in
implementation of GST across the country.
o It would also enable the principal bench to
take certain important decisions, such as
the distribution of cases amongst the state
benches, referring cases to other members
if there is a difference in views within the
same bench or otherwise.
• Acts covered: Appeals against first appeal
orders by Central and State GST Appellate
Authorities shall lie before the common GST
Appellate Tribunal under both Acts.
• Uniform implementation of GST: The GST
Appellate Tribunal ensures nationwide
consistency in dispute resolution and
uniform GST implementation.
7.4 Government of National Capital
Territory of Delhi (Amendment) Act,
2023
Context: Recently, the Government of National
Capital Territory of Delhi (Amendment) Act,
2023 was passed by Parliament.
More on News:
• Government of National Capital Territory of
Delhi (Amendment) Ordinance, 2023
o The ordinance was issued to establish a
National Capital Civil Service Authority
(NCCSA) for the transfer and disciplinary
actions against IAS and DANICS cadre
officers in the national capital.
22
o The NCCSA has the authority to
recommend transfers, postings, and
oversee vigilance matters of All India
Services officers serving in Delhi.
National Capital Territory of Delhi
(Amendment) Act, 2023:
• The Act redefines the roles of the elected
government, the Lieutenant Governor (L-G),
and the state’s administrative machinery.
• It creates the National Capital Civil Services
Authority (NCCSA) to advise Delhi's
Lieutenant Governor on specific service-
related aspects, such as transfers, vigilance,
discipline, and prosecution for Group A
officers of All India Services (excluding Indian
Police Service) and DANICS.
Triple Chain of Collective Responsibility:
• A principle of governance involving a three-
cornered command that includes civil service
officers being accountable to Ministers, who
are in turn accountable to the Parliament/
Legislature, which is ultimately answerable to
the electorate.
• NCCSA will be a three-member committee
comprising the CM, Chief Secretary, and
Principal Home Secretary.
• Decisions by the Authority are determined by
a majority vote of the present and voting
members.
• It empowers the LG to exercise his sole
discretion on several matters including those
recommended by the NCCSA, and the
summoning, prorogation, and dissolution of
the Delhi Legislative Assembly.
• If a disagreement arises between the LG and
the Authority, the LG's decision will hold
ultimate authority.
• It authorises the department secretaries to
inform the LG, Chief Minister, and Chief
Secretary about issues that could cause
controversy between the Delhi Government
and the Central Government.
About GNCTD Act, 1991:
• The Act was enacted to complement the 69th
Amendment Act, which introduced Articles
239AA and 239BB to grant Delhi the status of
a Union Territory with a Legislative
Assembly.
• It outlines the powers and functions of the
Legislative Assembly in Delhi.
• The Act clarifies the discretionary powers
held by the Lieutenant Governor (L-G) of
Delhi.
About Article 239AA:
• The 69th Amendment Act of 1991 inserted
special status provisions for Delhi, based on
the S Balakrishnan Committee's
recommendations.
• Under this provision, NCT of Delhi has an
administrator and a Legislative Assembly.
• The Assembly can make laws with respect to
any of the matters in the State List or
Concurrent List except on police, public
order, and land matters.
7.5 MM Punchhi Commission
Relevant Recommendations:
• Recommended legislation under Article 355
for automatic deployment of Central forces in
states as needed.
23
Administration of UT in India:
• Part VIII (Articles 239 to 241) of the
Constitution deals with the Union
Territories.
o UTs are administered by the President
through an administrator appointed by
him/her.
o In UTs like Delhi and Puducherry, the
administrator has substantial powers,
including law-making, while in UTs like
Lakshadweep and Dadra and Nagar
Haveli, their powers are mainly advisory
to the elected government.
• Special Provisions:
o The UTs of Puducherry (1963), and Delhi
(1992) are provided with a legislative
assembly and a Council of Ministers
headed by a Chief Minister.
▪ The Legislative Assembly of Puducherry
may make laws with respect to matters
enumerated in List II or List III in the
Seventh Schedule of the Constitution.
▪ The National Capital Territory of Delhi has
similar legislative powers, but lacks
competence in matters like public order,
police, and land as per List II.
• Recommended "Localized Emergency
Provisions" under Article 355 for Central rule
in specific affected areas of a state, while the
rest of the state government remains intact.
• Recommended that Central rule in a limited
affected area should not extend beyond three
months.
MM Punchhi Commission:
• In 2007, the government formed the Second
Commission on Interstate Relations, chaired
by retired Chief Justice Madan Mohan
Punchhi, with other notable members.
7.6 North Eastern Council
Context: In the financial years 2021-22 and 2022-
23, the North Eastern Council (NEC) sanctioned
45 projects totaling Rs. 470.75 crore in Assam.
About North Eastern Council ( NEC):
• The NEC is the key agency for the economic
and social development of the North Eastern
Region, comprising eight states.: Arunachal
Pradesh, Assam, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim and Tripura.
• Constituted as a statutory advisory body
under the North Eastern Council Act 1971.
• It falls under the Ministry of Development of
the North Eastern Region.
7.7 16th Finance Commission
Context: Recently, the Central Government
approved the terms of reference for the 16th
Finance Commission (FC).
About Finance Commission:
• The Finance Commission is set up under
Article 280 of the Constitution, and is a
constitutional body formed by the President
of India to give suggestions on center-state
financial relations.
ToR for the 16th FC:
• Taxes Distribution between the Union and
the States of the net proceeds of taxes.
• Principles governing the grants-in-aid of the
revenues of the States out of the Consolidated
Fund of India and sums to be paid to the
States.
• The measures needed to supplement the
resources of the Panchayats and
Municipalities are based on the
recommendations made by the Finance
Commission of the State.
• Review the present arrangements on
financing Disaster Management initiatives
and make appropriate recommendations.
• Make its report available by 31st October 2025
covering a period of five years commencing
on the 1st day of April 2026.
24
7.8 Special Category Status
Context: Recently, Bihar's Chief Minister urged
the Union Home Minister to give Bihar the
status of Special Category State, during the
meeting of the Eastern Zonal Council (EZC).
About Special Category Status:
• SCS is a classification provided by the Centre
to support the development of states facing
geographical or socio-economic
disadvantages.
• It was introduced in 1969 based on the Fifth
Finance Commission's recommendations.
Currently there are eleven States with special
category status which includes Assam,
Nagaland, Himachal Pradesh, Manipur,
Meghalaya, Sikkim, Tripura, Arunachal
Pradesh, Mizoram, Uttarakhand and
Telangana.
• The constitution does not include any
provision for categorization of any State in
India as SCS state and with recommendations
of the 14th Finance Commission, the Special
Category States cease to exist and thus, no
special category status has been granted to
any State.
Benefits of Special Category Status (SCS):
• Under the Gadgil-Mukherjee formula, SCS
States used to receive nearly 30% of total
central assistance. However, with the
abolition of the Planning Commission and
changes in funding mechanisms, assistance is
now part of the increased devolution of
divisible pool funds for all states (increased
to 41% in the 15th Finance Commission from
32%).
• In SCS States, the funding ratio for centrally
sponsored schemes is favorable at 90:10
(Centre-State), compared to the 60:40 or 80:20
splits for general category states and SCS
States enjoy several incentives to attract
investments, including concessions in
customs and excise duties, income tax, and
corporate tax rates.
• These states can avail the benefit of debt-
swapping and debt relief schemes and can
also avail the facility that if they have unspent
money in a financial year; it does not lapse
and gets carried forward for the next financial
year.
 8
Judicial System

• The Court ruled that charge sheets are not

8.1 Chargesheets and FIRs
'public documents' under Sections 74 and 76
Context: Recently, the Supreme Court held that of the Evidence Act.
chargesheets are not ‘public documents’ and About Chargesheet:
enabling their free public access violates the • A chargesheet, as defined under Section 173
provisions of the Criminal Code of CrPC, is the final report prepared by a police
Procedure. officer after completing their investigation of
Case Judgement: a case.
• Publishing charge sheets and related • It contains details of names, the nature of the
documents on state government websites information, and offenses
potentially infringe on the rights of the • A charge sheet must be filed against the
accused, victims, and the investigating accused within a prescribed period of 60-90
agency. days, otherwise, the arrest is illegal, and the
accused is entitled to bail.

About Zero FIRs:

• A Zero FIR allows victims to file a complaint 8.2 Mandatory Minimum Sentencing
at any police station, regardless of the crime
Context: Section 376 DB of the Indian Penal
location, after which it's transferred to the
Code prescribes a ‘minimum mandatory
station in the relevant jurisdiction for
sentence’ of life imprisonment for the remainder
investigation.
of the convict’s life and even death.
• It was implemented following the Justice
About Mandatory Minimum Sentencing:
Verma Committee's recommendation.
• The concept of mandatory minimum
• The purpose of a Zero FIR is to simplify the
sentencing refers to “a sentence which must
process for victims to file police complaints
be imposed without leaving any discretion
and to ensure prompt action following the FIR
to the court.”
for speedy redressal.
• This concept comes primarily from the
Canadian and American legal systems.

25
8.3 Neutral Citation System
Context: The Chief Justice of India
(CJI) announced that the Supreme Court will
adopt a “neutral citation system” for its
judgments.
About Citation and Neutral Citation:
• A case citation is essentially an identification
tag for a judgement.
• Typically, it contains a reference number, the
year of the judgement, the name of the court
that delivered that judgement, and a
shorthand for the journal publishing the
judgement.
• A Neutral Citation would mean that the court
would assign its own citation, distinct from
those given by traditional Law Reporters.
8.4 Judicial Majoritarianism
Context: Supreme Court’s Judgement on
Demonetization Case.
Judicial Majoritarianism:
• Judicial majoritarianism refers to the practice
in Indian constitutional law where decisions
made by Constitutional Benches of the
Supreme Court require a majority consensus,
as stated in Article 145(5) of the Constitution.
• Any case that involves a significant legal
question regarding the interpretation of the
Constitution must be decided by a minimum
of five judges, as per Article 145(3).
8.5 Foreign Lawyers and Firms in
India
Context: The Bar Council of India (BCI) has
recently framed rules that allow foreign law
firms and foreign lawyers to open offices in
India.
What was the SC’s decision?
• In 2018, a division bench of the Supreme
Court ruled that foreign law firms or foreign
lawyers cannot practice law in the country
either on the litigation or non-litigation side.
• However, the court said that there was no bar
on foreign law firms or foreign lawyers
visiting India for a temporary period to give
legal advice to their clients.
26
Rules for Registration and Regulation of
Foreign Lawyers and Foreign Law Firms in
India, 2022
• Registration: Foreign lawyers and law firms
can register with the BCI to practice in India if
they are entitled to practice law in their home
countries.
• Limitations: They cannot practice Indian law
or appear before any courts, tribunals, or
other statutory or regulatory authorities.
• Permitted Areas: They can only practise
transactional work or corporate work such as
joint ventures, mergers and acquisitions,
intellectual property matters, and drafting of
contracts.
• Restricted Areas: They are not allowed to do
any work related to conveyancing of
property, title investigation, or similar works.
About Bar Council of India:
• The BCI, established under the Advocates
Act, 1961, regulates and represents the Indian
legal profession.
• It sets professional conduct standards,
handles disciplinary matters, and establishes
legal education standards, recognizing
qualifying law degrees from universities for
advocate enrollment.
8.6 LIMBS Project
Context: The Ministry of Law and Justice is
implementing LIMBS, an ICT system, to manage
the litigation of the Union of India, which is
involved in about 43% of total cases.
About Legal Information and Management
Briefing System (LIMBS):
• LIMBS is a web-based application that uses
standardized templates with defined fields to
store, categorise, and search legal cases and
documents, ensuring uniform administrative
norms in Union of India litigation.
• LIMBS is operational in 55 Ministries and
contains data on various court, tribunal, and
arbitration cases in a single database.
8.7 Parole and Furlough
Context: The Bombay High Court directed the
prison superintendent to pay legal fees for
denying furlough to a 60-year-old blast convict.
About Parole and Furlough:
Parole
• Parole is a conditional release of a prisoner
and granted for short-term imprisonment.
• It suspends the sentence for a specified time,
which is contingent on good behaviour and
regular reporting to authorities.
• Parole is not a guaranteed right and is granted
for specific reasons like family emergencies or
significant events.
• Duration of Parole extends to one month.
• Those convicted of multiple murders or under
the UAPA are not eligible for parole.
• Parole rules vary by state in India, as it falls
under the jurisdiction of state governments.
• Parole is granted by the state executive, with
jail authorities submitting a report to the state
government.
• The jail superintendent can grant emergency
parole for up to seven days.
8.8 Digitization of Indian Judiciary
Context: The CJI launched the electronic
Supreme Court Reports (e-SCR) project,
granting free access to approximately 34,000
judgments for lawyers, law students, and the
general public.
e-Supreme Court Reports:
• The e-SCR project offers digital versions of
Supreme Court judgments as they appear in
the official law report, "Supreme Court
Reports."
• It provides free access to all Supreme Court
judgments from its establishment in 1950
until the present day for lawyers and law
students.
• The judgments will be available on the
Supreme Court's website, mobile app, and
the National Judicial Data Grid's judgment
portal.
National Judicial Data Grid:
• The National Judicial Data Grid (NJDG) is
an online platform under the eCourts Project
in India.
27
• Parole and Furlough are covered under the
Prisons Act of 1894 with a view to humanise
the prison system.
Furlough
• Furlough is granted for long-term
imprisonment and results in a remission of
the prisoner's sentence.
• Furlough is considered a prisoner's right,
granted periodically to maintain family ties
and counter the negative effects of long-term
imprisonment.
• Furlough extends to 14 days maximum.
• Reasons for releasing a prisoner on furlough
do not need to be stated.
• The Supreme Court held that prisoners
cannot claim furlough as an automatic legal
entitlement and that it is subject to certain
restrictions.
• It serves as a database with case information
of orders, judgments, and details from
District and subordinate Courts and High
Courts in India.
• It is managed as part of the e-Courts project,
developed by the National Informatics
Centre (NIC).
e-Courts Project:
• It is a Pan-India project undertaken by the
Department of Justice, Ministry of Law and
Justice.
• It aims to transform the Indian judiciary
through the ICT enablement of courts.
• Phase 1 began in 2007 and concluded in 2015,
while Phase 2 is currently ongoing.
• Features: National Judicial Data Grid, e-
payment, National Service and Tracking of
Electronic Process, Virtual Justice Clock,
JustIS Mobile App, Digital Court S2WaaS
Websites.
Justice Clocks:
• It is an LED display showcasing key justice
system statistics to enhance the visibility of
state judiciary's work.

• It will display data from the National Judicial
Data Grid (NJDG) in real-time.
e-Prosecution Portal:
Context: MHA's e-prosecution portal was
upgraded to send alerts to senior officers when a
public prosecutor requests a stay in a criminal
case more than twice.
About e-Prosecution Portal:
• It is part of the Interoperable Criminal
Justice System (ICJS), enabling data and
information exchange within the criminal
justice system.
Inter-Operable Criminal Justice System:
• It was conceptualised by the e-Committee of
the Supreme Court to facilitate the smooth
exchange of data and information among
various components of the criminal justice
system.
• It is implemented by National Crime Records
Bureau (NCRB) and National Informatics
Centre (NIC).
Tele Law Programme:
• It offers a pre-litigation stage platform for
seeking legal advice and consultation with
the goal of reaching underserved populations.
• Tele-Law connects underserved individuals
seeking legal aid with panel lawyers through
video conferencing and telephonic facilities
at local Common Service Centers.
• Tele-Law is free for individuals eligible for
free legal aid as per Section 12 of the Legal
Services Authorities Act, 1987. Others are
charged a nominal fee of Rs. 30.
Legal Matters Covered for Advisory Services:
• Dowry, family dispute, divorce, protection
from domestic violence.
• Sexual harassment, sexual abuse, eve teasing
at the workplace.
• Maintenance of women, children and senior
citizens.
• Rights regarding property and land.
• Equal wages for males and females.
• Maternity benefits and prevention of
foeticide.
• Atrocities against scheduled castes/
scheduled tribes and their rehabilitation.
8.9 Collegium System
Context: Recently, the Supreme Court dismissed
the petitions seeking judicial review of the
collegium's recommendation.
About Collegium System
• It is a system through which judges are
appointed and transferred in the Supreme
Court and high courts across the country and
it is a forum including the Chief Justice of
India and four senior-most judges of the SC,
which recommends appointments and
transfers of judges.
• Judges of the higher judiciary are appointed
only through the collegium system, and the
government has a role only after names have
been decided by the collegium.
Judicial Findings and Orders:
• The Supreme Court ruled that the
"suitability" of a Collegium-approved
candidate for a Constitutional Court judge
position is not reviewable.
• It also declined to issue a writ of certiorari or
mandamus, stating that judicial review does
not extend to judicial appointments.
• The Supreme Court differentiated between
"Eligibility" and "Suitability" for High Court
Judge appointments.
• "Eligibility" is determined by “objective
criteria” given in Article 217 (2) of the
Constitution, such as citizenship and 10 years
of experience as a judicial officer.
• "Suitability" falls within the collegium's
purview, assessing a person's character,
integrity, competence, and knowledge.
National Judicial Appointments Commission
(NJAC):
• It was introduced by the 99th Constitutional
Amendment Act, 2014 to regulate the
appointments of judges and empower the
commission.
• It consisted of the Chief Justice of India (as
Chairman), two senior most judges of the
Supreme Court, the Law and Justice Minister
and two eminent persons.
• The Supreme Court declared NJAC
unconstitutional, citing that it violates the
Basic Structure of the Constitution of India.
Writ of Certiorari and Mandamus:
• Certiorari, a curative writ, means "to be
certified." It is a writ from a higher court
that reviews, quashes, or transfers cases
from lower courts, correcting jurisdictional
or procedural errors.

28
 • "Mandamus" means "command" and is a
writ from a higher court directing lower
courts or authorities to fulfill their legal
duties, ensuring proper performance by
public officials.
About Appointment and Conditions of the
Office of a Judge of a High Court:
Article 217 (2) - Qualifications for a person to be
appointed as a Judge of a High Court-
• Has held for at least 10 years a judicial office
in any state.
• Has been for at least 10 years an advocate of a
High Court or of two or more such courts in
succession.
8.10 Senior Lawyers and Advocates
Context: Recently, the SC published new
guidelines for the designation of senior
advocates.
Designation of Senior Advocates before 2017:
1. Section 16 (1) of the Advocates Act, 1961,
states two classes of advocates - Senior
Advocates and other advocates.
2. A Senior Advocate is designated based on
merit by the Supreme Court or High Court at
the recommendation of the Chief Justice and
judges.
Senior Advocates Designation Guidelines 2018:
1. All Supreme Court's "Senior Advocate"
designations shall be dealt with by a
Committee for Designation of Senior
Advocates.
2. The Committee comprises CJI (Chairperson),
two senior-most SC judges, the Attorney
General of India, and a Bar member.
About New Guidelines for Senior Advocate
Designation:
• 45 years would be the minimum age to apply
for senior advocate designation.
• The CJI along with any judge of the supreme
court may recommend in writing the name of
an advocate for the designation.
• Relaxation in age limit can be given by the
Committee/ the CJI or a SC judge if they have
recommended an advocate's name.
29
About the Advocate-on-Record (AoR) system:
• The AoR is essentially the link between the
litigant and the SC and only an AoR can file
cases before the SC.
• However, an AoR might engage other
lawyers, including senior counsel, to argue
before the Court.
• The AoR system is broadly based on the
British practice of barristers and solicitors.
Eligibility Criteria (Supreme Court Rules,
2013):
• An advocate needs to pass an examination set
by SC itself.
• The advocate must train with a court-
approved AoR for at least one year to take the
exam, and He/She must also have at least
four years of practice before starting the
training.
• An AoR must have an office in Delhi near the
Supreme Court.
Rules governing the AoR system:
• According to Section 30 of the Advocates
Act, any lawyer enrolled with the Bar
Council is entitled to practice law before any
court or tribunal in the country.
• However, the provision also categorically
states that “nothing in the provision shall be
deemed to affect the power of the SC to make
rules under Article 145 of the Constitution.”
• Under Article 145 of the Constitution, the SC
is empowered to make rules and regulate its
own procedure for hearing cases.
8.11 Sealed Cover Jurisprudence
Context:
Recently, the Supreme Court asked SEBI and the
Union Government to provide the current
investor protection regulations in response to
share market volatility.
About Sealed Cover Jurisprudence:
• It is a practice followed by Courts in India of
receiving confidential information from
government agencies in sealed envelopes
that can only be accessed by judges.
• There is no explicit legal law that specifies
the sealed cover jurisprudence. The Supreme
Court derives its powers under:
 o Rule 7 of Order XIII of the Supreme
Court Rules, 2013, and Section 123 of the
Indian Evidence Act of 1872.
• Rafale Fighter Jet Deal Case, NRC Case, and
BCCI Reforms Case 2014 are some instances
where Seal Cover Jurisprudence was used.
8.12 Detention and Custody
Context: The Supreme Court's concern on
detaining an accused in police custody beyond 15
days from the initial arrest date.
About Custody:
• "Custody" in Indian law refers to being held
by the police while awaiting trial, although it
is not formally defined.
• Section 57 of the Code of Criminal Procedure
(CrPC) says that any person arrested without
a warrant cannot be detained for more than
24 hours unless there is a special order of a
Magistrate under section 167 to that effect.
About Police Custody:
• Police custody refers to when a person is
detained in a police station when he is
believed to have committed a crime.
• It requires the accused to be furnished before
the magistrate in 24 hours.
• In it, the investigating authority can
interrogate a person.
• Under Police custody, the person has the right
to legal counsel and the right to be informed
of the grounds which the police have to
ensure.
• The 15-day bar does not apply if the accused
is involved in a different case arising out of a
separate cause of action.
About Judicial Custody:
• Judicial custody means that the person is
detained by a judicial magistrate and is
lodged in a central or state prison.
• It can extend up to 60 or 90 days based on the
offense's maximum punishment.
• During judicial custody, officials require court
permission for questioning and the Prison
Manual governs the routine conduct.
• An undertrial person cannot stay in judicial
custody beyond half the prescribed maximum
punishment duration.
30
8.13 Review Petition
About Review Petition:
• Article 137 of the Constitution deals with the
review of judgements or orders passed by the
Supreme Court.
• It says that, subject to the law made by
Parliament or any rules under Article 145, the
Supreme Court shall have the power to
review any judgement pronounced or order
made by it. It has the power to review its
rulings to correct a “patent error” and not
“minor mistakes of inconsequential
import”.
• Under a review petition, the court has
o Not to take fresh stock of the case
o To correct grave errors that have resulted
in the miscarriage of justice
• In 2013, the Supreme Court laid down three
grounds for review petition:
o The discovery of new and important
matter or evidence which, after the exercise
of due diligence, was not within the
knowledge of the petitioner or could not be
produced by him.
o Mistakes or errors are apparent on the face
of the record.
o Or any other sufficient reason.
• As per 1996 rules, a review petition must be
filed within 30 days of the date of judgement
or order.
Who can file a Review Petition?
• It is not necessary that only parties to a case
can seek a review of the judgment on it.
• As per the Civil Procedure Code and the
Supreme Court Rules, any person aggrieved
by a ruling can seek a review.
• However, the Court exercises its discretion to
allow a review petition only when it shows
the grounds for seeking the review.
Article 136 (Special Leave Petition):
An appeal can be made to the Supreme Court
directly from any order, decision, decree,
judgement etc given by any court or tribunal in
India.

More on News:
• In Roopa Hurra v Ashok Hurra (2002), the
court itself evolved the concept of a curative
petition, which can be heard after a review is
dismissed to prevent abuse of its process.
• A curative petition, supported by Article
137, may be filed after a review plea against
the final conviction is dismissed.
• It is meant to ensure there is no miscarriage of
justice and to prevent abuse of process.
• A curative petition is usually decided by
judges in chamber, unless a specific request for
an open-court hearing is allowed.
• The court ruled that a curative petition can be
entertained
o If the petitioner establishes there was a
violation of the principles of natural justice,
and
o That he was not heard by the court before
passing an order.
o It will also be admitted where a judge failed
to disclose facts that raise the apprehension
of bias.
8.14 Bail
Context: Recently, the Supreme Court affirmed
that an accused's right to default bail under
Article 21 cannot be denied by probe agencies
using supplementary charge sheets in ongoing
investigations.
More on news:
• It also ruled that the violation of the right to
bail directly attracts consideration under
Article 32 of the Constitution.
About Bail System in India:
• Bail is the release of an accused person from
custody with the commitment to appear in
court for their trial.
• The Code of Criminal Procedure (CrPC)
allows for bail to be granted by both the
police and the courts.
• Statutory Bail is a right to bail that arises
when the police fail to complete an
investigation within a specified period for a
person in judicial custody.
• The time limit for statutory bail is typically 60
days for completing the investigation and
filing a final report, with some cases having a
limit of 90-100 days.
31
• Regular Bail is granted to a detained accused
person and is generally based on surety or a
personal bond.
• Anticipatory Bail:
o It is granted to an individual in
anticipation of potential arrest and it can be
sought in a High Court or Sessions Court
by someone anticipating trial for a non-
bailable offense.
o The grant of anticipatory bail protects the
person from arrest, aiming to prevent false
accusations.
• Interim Bail: It is provided for a brief
duration before the hearing for regular or
anticipatory bail.
• Transit Anticipatory Bail:
o It is sought when a case is filed or likely to
be filed in a different state than the one
where the person may be arrested.
o Although not explicitly provided by
Indian law, it has gained recognition
through judicial practice and legal
precedents.
o It enables the person to obtain bail,
allowing them to approach the appropriate
court in the state where the case has been
filed for anticipatory bail.
• Bail conditions may involve surrendering a
passport, attending court hearings, and
refraining from contacting witnesses, among
others.
8.15 Stamping and Arbitration
Context: A unanimous Supreme Court bench of
7 Judges reversed its April 2023 decision, ruling
that unstamped arbitration agreements are
legally enforceable. The absence of proper
stamping no longer invalidates an arbitration
contract.
About Stamping:
• Stamping refers to the act of paying stamp
duty on the value of the agreement as per the
Stamps Act, 1899. The quantum of stamp
duty varies depending on the nature and
geographical location of the agreement.
• While the central government fixes stamp
duties on some agreements, state
governments are empowered to fix stamp
duties on some agreements executed within
their borders.
About Arbitration:
• It is one of the types of Alternative Dispute
Resolution, where the parties submit their
dispute to a mutually agreed arbitrator
outside the court. This arbitrator then makes a
binding decision on the dispute.
• Arbitration is consensual and can occur only
if both parties have agreed to it and the
arbitrator's or arbitral tribunal's decision is
final and easy to enforce.
About Alternative Dispute Resolution?
• Alternative dispute resolution, or ADR, is a
process in which a neutral third party—a
mediator or arbitrator—helps parties who are
embroiled in a dispute come to an agreement
without going through the court-based
adversarial dispute resolution.
8.16 Criminal Law Reform Bills
Context: The President has given her assent to
three new criminal justice bills recently
approved by Parliament.
More on News:
• The Bharatiya Nyaya Sanhita, Bharatiya
Nagarik Suraksha Sanhita, and Bharatiya
Sakshya Act replaced the colonial-era Indian
Penal Code (1860), Code of Criminal
Procedure (1973), and Indian Evidence Act of
1872.
Key Highlights of the Bharatiya Nyaya Sanhita
(BNS):
• Offences against the Body: BNS retains the
provisions of the IPC, which criminalizes acts
such as murder, abetment of suicide, assault,
and causing grievous hurt.
o It adds new offenses such as organised
crime, terrorism, and murder or grievous
hurt by a group on certain grounds.
• Sexual Offences against Women: It increases
the threshold for the victim to be classified as
a major, in the case of gang rape, from 16 to 18
years of age.
• It also criminalises sexual intercourse with a
woman by deceitful means or making false
promises.
• Removes Sedition (Rajdroh): The BNS
removes the offence of sedition.
It instead penalises the following:
o Exciting or attempting to excite secession,
armed rebellion, or subversive activities,
32
o Encouraging feelings of separatist
activities, or
o Endangering the sovereignty or unity and
integrity of India.
o These offences may involve the exchange
of words or signs, electronic
communication, or the use of financial
means.
• Mob Lynching: It adds murder or grievous
hurt by five or more people on specified
grounds such as race, caste, sex, language, or
personal belief as an offence.
o The punishment for such murder is life
imprisonment or death.
• Petty Organized Crime Redefined: The
revised Bill includes a precise definition of
petty organised crime.
o Theft under it would include trick theft,
theft from a vehicle, dwelling house, or
business premises, cargo theft,
pickpocketing, theft through card
skimming, shoplifting, and theft of
Automated Teller Machine.
Key highlights of the Bharatiya Nagarik
Suraksha Sanhita, Act 2023 (BNSS):
• Detention of Undertrials: As per the CrPC, if
an accused has spent half of the maximum
period of imprisonment in detention, he
must be released on personal bond. This does
not apply to offenses punishable by death.
• Medical Examination: The CrPC allows
medical examination of the accused in certain
cases, including rape cases. Such examination
is done by a registered medical practitioner at
the request of at least a Sub-inspector level
police officer.
o The BNSS provides that any police officer
can request such an examination.
• Forensic Investigation: The BNSS mandates
forensic investigation for offenses punishable
with at least seven years of imprisonment.
• Signatures and Finger Impressions: The
CrPC empowers a Magistrate to order any
person to provide specimen signatures or
handwriting. The BNSS expands this to
include finger impressions and voice
samples.
• Timelines for Procedures: The BNSS
prescribes timelines for various procedures.
 o For instance, it requires medical Bharatiya • Use of handcuffs: Restricted
practitioners who examine rape victims to Nagarik to select heinous crimes and
submit their reports to the investigating Suraksha not be applicable for economic
officer within seven days. Sanhita offences.
• Preventive Detention: The revised Bill has (BNSS), 2023: • Mercy Petition: Mercy
introduced a strict timeline, i.e., the detained petitions forwarded to the
person must be produced before the Home Department of the state
Magistrate or released in petty cases within 24 government or the Centre for
hours. review are discontinued.
Key Highlights of the Bharatiya Sakshya Act, • Introduction of the definition
2023: of community service: Work
• The Admissibility of Electronic Records: The that the court may order a
IEA allows electronic records to be admitted convict to do as a community-
as secondary evidence and specifies the benefiting punishment for
procedure to admit such evidence. The BSB which the prisoner will not be
amends this to clarify that electronic records paid.
produced from proper custody will be • It provides first time
considered primary evidence, unless community service as one of
disputed the punishments for petty
• Police Confessions: Any confession made to a offences.
police officer is inadmissible. Confessions • Forensic investigation:
made in police custody are also inadmissible Mandated for offences
unless recorded by a Magistrate. punishable with at least seven
o However, if a fact is discovered as a result years of imprisonment.
of information received from an accused • Timelines: Prescribes
in custody, that information may be timelines for various
admitted if it distinctly relates to the fact procedures, judgement and
discovered. investigation.
• Documentary Evidence: Under the IEA, a
Bharatiya • Classification of Primary
document includes writings, maps, and Sakshya (BS) Evidence: Electronic records
caricatures. The BSB adds that electronic Bill, 2023 classified as documents and
records will also be considered as documents. primary evidence.
• Oral Evidence: Under the IEA, oral evidence
• Expansion of Secondary
includes statements made before Courts by evidence: Includes oral and
witnesses in relation to a fact under inquiry. written admissions as well
o The BSB allows oral evidence to be given as the testimony of a person
electronically. who has examined the
• Secondary Evidence: The BSB expands document.
secondary evidence to include: (i) oral and
written admissions, and (ii) the testimony of 8.17 Legal Services Committee
a person who has examined the document
and is skilled to examine the documents. Context: Recently, Justice BR Gavai was
Revamped Changes Made: nominated as the Chairman of the Supreme
Criminal Law Court Legal Services Committee (SCLSC).
Bills: About Supreme Court Legal Services
Bharatiya • Provisions related to offences Committee (SCLSC):
Nyaya Sanhita and penalties have been • Constituted under Section 3A of the Legal
(BNS), 2023 streamlined. Services Authorities Act, 1987.
• It aims to provide “free and competent legal
services to the weaker sections of society”.

33
• SCLSC consists of Chairperson and nine
members nominated by the Chief Justice of
India( CJI)
• Further, the Committee can appoint officers
and other employees as prescribed by the
Centre, in consultation with the CJI.
Constitutional Provisions for Accessible Justice:
• Article 39A: It provides for free legal aid to
the poor and weaker sections of the society
and ensures justice for all.
• Articles 14 (right to equality) and Article 22(1)
(rights to be informed of grounds for arrest)
also make it obligatory for the State to ensure
a legal system to provide justice to everyone.
8.18 News in Short
8.18.1 Forum Shopping
Context: Recently, CJI DY Chandrachud stated
his opposition to forum shopping.
About Forum Shopping:
• It refers to the practice of selecting a specific
jurisdiction for legal cases based on the belief
that it offers a more favorable environment for
the case.
About Bench Hunting:
• Bench hunting is when petitioners seek
specific judges or courts for favourable
orders.
8.18.2 Doctrine of Promissory Estoppel
Context: CJI DY Chandrachud dismissed armed
forces recruitment petitions, citing that
promissory estoppel doesn't apply if it conflicts
with the greater good.
About ‘Doctrine of promissory estoppel’:
• Promissory estoppel, a concept in contract
law, allows enforcement of promises or
representations made by one party, even
without a formal contract.
8.18.3 Judges Recusal
Context: CJI D.Y Chandrachud denied an
application requesting his recusal from hearing
petitions for legal recognition of same-sex
marriages.
About Judges Recusal:
• Recusal refers to the act of a judge voluntarily
disqualifying themselves from participating
in a particular case.
• When a judge recuses, they step aside from
proceedings due to a potential conflict of
interest.
34
• There are no statutory rules governing the
process, it is often left to the judges themselves
to record reasons for recusals.
8.18.4 Defamation Law
Context: Section 499 of Indian Penal Code.
About Defamation and its Types:
• Defamation occurs when someone
intentionally damages a person's image by
making or publishing accusations through
words, signs, or visible representations.
• In Civil Defamation, the defamed person can
seek monetary compensation by approaching
either the High Court or subordinate courts.
• In Criminal Defamation (Section 500), the
accused may face a maximum penalty of two
years in prison, a fine, or both.
Article 19 (2): Reasonable Restrictions
• Sovereignty and Integrity of India
• Security of the State
• Friendly Relations with Foreign States
• Public Order
• Decency or Morality
• Contempt of Court
• Defamation
• Incitement to an offence
Legal Provisions of Defamation:
• Section 499 of the Indian Penal Code (IPC):
It states defamation could be through words,
spoken or intended to be read, through signs,
and also through visible representations.
o Explanation 2 to Section 499 of the Indian
Penal Code provides that criminal
defamation extends to a “collection of
persons”.
• Exceptions under Section 499: These include
“imputation of truth” which is required for
the “public good” and thus has to be
published, on the public conduct of
government officials, the conduct of any
person touching any public question and
merits of the public performance.
• Punishment under Section 500 of IPC:
“Whoever defames another shall be punished
with simple imprisonment for a term which
may extend to two years, or with fine, or with
both.”
 9
9.1 Representation of People Act, 1951
Context: The Supreme Court ruled that falsely
stating a candidate's educational qualifications is
not a "corrupt act" because Indian voters do not
make choices based on these qualifications.
Corrupt practices under the RPA, 1951:
• Section 123 of the RPA 1951 defines 'corrupt
practices,' including bribery, undue
influence, false information, and promoting
hostility between citizen classes to secure an
election win.
• Section 123 (2) addresses "undue influence,"
defined as any interference by the candidate,
agent, or another person, with electoral rights'
free exercise.
This encompasses threats of injury, social
ostracism, and expulsion from any caste or
community.
• Section 123 (4) extends the ambit of “corrupt
practices” to the intentional publication of
false statements that can prejudice the
outcome of the candidate’s election.
False Information:
• Election candidates are required to submit an
Affidavit (Form 26) as per the Conduct of
Elections Rules, 1961, which discloses their
assets, liabilities, educational qualifications
etc.
• Providing false information in the affidavit is
a legal offence, subject to punishment under
Section 125A of the Representation of the
People Act (RPA).
What practices has the court held as corrupt
practices in the past?
• In the Abhiram Singh Case, the Court ruled
that seeking votes based on a candidate's
religion, race, caste, community, or language
would lead to the annulment of an election.
• In S. Subramaniam Balaji Case, the court
35
Elections
determined that offering freebies cannot be
classified as a corrupt practice.
9.2 Contesting Two Seats in One Poll
Context: The Supreme Court refused to set aside
a provision in the election law that allows
candidates to contest polls from two
constituencies simultaneously.
Legal Provision:
• Section 33(7) of the Representation of
People’s Act,1951:
o Permits a candidate to contest any election
(Parliamentary, State Assembly, Biennial
Council, or bye-elections) from up to two
constituencies.
o The provision was introduced in 1996,
before which there was no bar on the
number of constituencies from which a
candidate could contest.
9.3 Chief Election Commissioner and
Other ECs
Context: The President of India has given her
assent to a bill aimed at appointing Chief
Election Commissioner and other Election
Commissioners.
About the CEC and other ECs (Appointment,
Conditions of Service and Term of Office) Act
2023:
• The CEC and ECs will be appointed by the
President based on the recommendation of a
Selection Committee comprising the Prime
Minister, a Union Cabinet Minister, and the
Leader of the Opposition or the leader of the
largest opposition party in the Lok Sabha.
• Recommendations made by the Selection
Committee will be valid even in case of a
vacancy in the Committee.
• A Search Committee, headed by the Law
Minister will propose a panel of names to the
Selection Committee.
About Anoop Baranwal Case
• Chief Election Commissioner (CEC) and
Election Commissioners (ECs) will be
appointed by the President on the advice
tendered by a High Powered Committee to
ensure independence.
• High Powered Committee will consist of the
Prime Minister, the Leader of Opposition in
Lok Sabha, and the Chief Justice of India.
About Election Commission of India:
• Article 324 mandates the appointment of the
CEC and Commissioners by the President,
subject to any law made by Parliament.
• The salary and conditions of service of the
CEC and ECs will be equivalent to the salary
of a Supreme Court Judge and the members
of the Election Commission will hold office
for six years or until they attain the age of 65
years, whichever is earlier.
• They cannot be re-appointed and they enjoy
the status of a judge of the Supreme Court.
• The CEC can be removed from office only
through a process of removal similar to that
of a Supreme Court judge by Parliament.
9.4 Electoral Bonds
Context: The Supreme Court is scheduled to
examine whether petitions challenging the
validity of the electoral bonds scheme need to be
referred to a Constitution Bench.
About Electoral Bonds:
• The Finance Bill of 2017 introduced "Electoral
bonds" as interest-free bearer instruments.
• These bonds can be purchased from the State
Bank of India within a 10-day window in the
months of January, April, July, and October.
• They are available in multiples of Rs 1,000,
Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1
crore. Donors, including individuals and
domestic corporations, can buy these bonds
and redeem them within 15 days.
• Electoral bonds are available for purchase in
January, April, July, and October.
• The bonds do not contain the donor's name
to protect their privacy.
• Eligible parties must be registered under
Section 29A of the Representation of the
Peoples Act, 1951, and have received at least
1% of the votes in recent elections.
• The electoral bond doesn't bear the name of
the donor and is, in effect, anonymous.
36
9.5 Political Parties
9.5.1 Party Name, Symbol and the Role of
ECI
Context: Recently, Election Commission froze
the Shiv Sena Symbol and recognized the Eknath
Shinde’s faction after the Test of Majority.
Role of ECI in assigning Party Names and
Symbols:
• The Election Symbols (Reservation and
Allotment) Order, 1968 empowers the EC to
recognise political parties and allot symbols.
• The EC considers “three criteria” from the
Sadiq Ali case (1971) to decide faction
disputes.
o Test of Aims and Objects of the Party
Constitution
o Test of Party Constitution
o Test of Majority.
Challenge to ECI’s Decision:
• In Sadiq Ali Case, the Supreme Court ruled
that the EC, acting as a tribunal, can have its
decisions on party derecognition or symbol
allocation challenged only through a Special
Leave Petition in the Supreme Court.
More on News:
• Recently, the Election Commission of India
has brought in new rules for allocation of
symbols to Registered Unrecognised
Political Parties (RUPPs).
• New rules for allocation of symbols to
(RUPPs):
o Criteria: As per new rules, audited
accounts of the last three financial years,
expenditure statements of last two
elections, and the signature of the
authorized office-bearer of the party are
needed for the allocation of symbols.
o Symbol: After furnishing these details, the
RUPPs will be eligible for ‘concession of
common symbol allotment’. The symbol
is allotted as per the Election Symbols
(Reservation & Allotment) Order, 1968.
o Applicability: The new rules would come
into effect from January 11, 2024.
About RUPPs:
• RUPPs are either newly-registered parties or
those which have not secured enough
percentage of votes in the Assembly or
general election to become a State party, or
those that have never contested elections
 after being registered.
• Registration of the Political Parties are
governed under Representation of the
People Act (RPA) of 1951.
Requirement For Allocation Of Symbols
• Common symbols are provided to RUPPs
based upon an undertaking that they would
put up “at least 5% of total candidates with
regard to said Legislative Assembly election
of a State”.
9.5.2 National Party Status
Context: Recently, the ECI accorded Aam Aadmi
Party (AAP) the status of a national party.
More on News:
• Election Symbols (Reservation and
Allotment) Order, 1968 empowers the
Election Commission to recognise political
parties and allot symbols.
• The registration of political parties is
regulated by Section 29A of the
Representation of the People Act, 1951.
Conditions for Recognition as a National Party:
A political party would be considered a national
party if-
• It is ‘recognized’ as a State party in four or
more states.
• If its candidates polled at least 6% of total
valid votes in any four or more states in the
last Lok Sabha or Assembly elections and
have at least four MPs in the last Lok Sabha
polls.
• If it has won at least 2% of the total seats in
the Lok Sabha from not less than three States.
9.6 Electronically Transmitted Postal
Ballot System
About ETPBS:
• ETPBS, introduced in 2016 under the Conduct
of Election Rules, 1961, enables service voters
to vote in elections through a collaboration
between the Election Commission of India
and the C-DAC.
• It is a fully secured system with two security
layers.
• Secrecy of voting is ensured using OTP and
PIN, and duplication of casted ETPB is
prevented by the unique QR Code in the
portal.
37
Class of Voters Eligible for ETPBS:
• members of the armed forces and central
armed police forces posted outside their
home constituencies
• members of Indian embassies and diplomatic
missions.
• Voters on election duty
• Voter above 80 years of age or person with
disabilities (PwD)
• Voter who are under preventive detention
• Media persons (Journalist)
Voting Process for NRIs:
• The right to vote for NRIs was introduced in
2011 through an amendment to the
Representation of the People Act 1950.
• NRIs interested in voting through postal
ballots must inform the Returning Officer
within five days after the election
notification.
• Upon receiving the request, the Returning
Officer sends the ballot paper electronically.
9.7 Delimitation Exercise
Context: Recently, the Supreme Court opposed
the Election Commission's view that it requires
the Center's authorization to start delimitation in
Manipur, Assam, Nagaland, and Arunachal
Pradesh.
Key Points:
• The last delimitation exercise (2002-08)
excluded Arunachal Pradesh, Assam,
Manipur, and Nagaland due to concerns
about 2001 Census data.
• The tribal communities in the four states
worried that the delimitation exercise would
change their proportion of seats, hurting their
electoral interests.
• The CJI while citing Section 8A of
Representation of the People Act, 1950, said
that the Election Commission does not
require the authorisation of the Government
of India to conduct delimitation.
Section 8A of RPA, 1950.
• It deals with the delimitation of Lok Sabha
and Assembly constituencies in the states of
Arunachal Pradesh, Assam, Manipur or
Nagaland.
About Delimitation Commission:
• Article 82 mandates Parliament to enact a
Delimitation Act after every census.
Once the Act is in force, the Union
government sets up the Delimitation
Commission.
• Delimitation is the process by which the
limits or boundaries of a country's territorial
constituencies are rejigged to reflect changes
in population.
• The Delimitation Commission is an
independent entity that carries out
delimitation exercises in collaboration with
the Election Commission of India.
• Appointed by the President of India under
provisions of the Delimitation Commission
Act of 2002.
• Composition: A retired Supreme Court judge,
the Chief Election Commissioner of India and
respective State Election Commissioners.
9.8 OPS Vs NPS
Features Old Pension Scheme
Defined The government pays the entire pension
benefits amount to government employees after
retirement.
• For example, in the case of OPS, if a
government employee's basic monthly
salary at the time of retirement was Rs
10,000, she would be assured of a pension
of Rs 5,000.
Pension It guarantees government employees 50% of The pension amount is not fixed.
Amount their final drawn pay plus Dearness
Allowance (DA) as a post-retirement income
for life.
38
• The Commission’s orders are final and cannot
be questioned before any court.
• Constituted four times in India:
o 1952 under the Delimitation Commission
Act, 1952,
o 1963 under Delimitation Commission Act,
1962,
o 1973 under Delimitation Act, 1972,
o 2002 under Delimitation Act, 2002.
• There was no delimitation after the 1981,
1991 and 2001 Censuses.
• However, the 2002 Act did not make any
changes in total Lok Sabha seats or their
apportionment between various states
Article 170:
• States get divided into territorial
constituencies as per Delimitation Act after
every Census.
New Pension Scheme
Employees pay to their pension corpus
from their salary, with the government
matching their contributions.
• Employees contribute 10% of their
salary (basic + dearness allowance). The
government contributes 14% towards
the employees’ NPS accounts.
9.9 Digital Time Vouchers
Context: Recently, the Election Commission of
India introduced digital time vouchers for
political parties to avail airtime on Doordarshan
and AIR.
About Digital Time Voucher (DTV):
• A DTV is a digital token that represents a
certain amount of airtime on Doordarshan or
All India Radio.
• These vouchers can be redeemed by political
parties at designated Doordarshan or AIR
centres in exchange for actual airtime.
9.10 News in Short
9.10.1 Parachute Candidate
• A Parachute candidate is a term for an
election candidate who does not live in, and
has little connection to, the area they are
running to represent.
9.10.2 VVPATs
Context: Recently, the Election Commission
identified 6.5 lakh Voter Verifiable Paper Audit
Trail (VVPAT) machines as defective.
About Voter Verifiable Paper Audit Trail
(VVPAT) Machines:
• VVPAT is the voter-verifiable paper audit trail
or verified paper record (VPR).
• It is a method of providing feedback to voters
using a ballot free voting system.
• Bharat Electronics Limited (BEL), Bangalore
and Electronic Corporation of India Limited
(ECIL), Hyderabad designed this machine.
• A VVPAT allows voters to see their chosen
candidate for 7 seconds and generates a paper
slip for each vote cast.
• The control of the VVPAT is only with the
election officers.
9.10.3 Exit Polls
About Exit and Opinion Poll:
• An exit poll asks voters which political party
they are supporting after they have cast their
votes in an election.
• It differs from an opinion poll, which is held
before the elections.
• An opinion poll is a pre-election survey to
gather voters’ views on a range of election-
related issues.
• In 2010, restrictions were imposed on exit
polls through the introduction of Section
126(A) in the Representation of the People
Act, 1951.
39
• In India, results of exit polls for a particular
election are not allowed to be published till
the last vote has been cast.
9.10.4 Remote EVM (REVM)
Context: Election Commission of India (ECI)
postponed the introduction of REVM due to the
lack of support from most political parties.
How REVM works?
• Separate polling booths for remote voting are
set up and to cast the vote remotely, the voter
will have to register online or offline for a
remote voting facility before the polling day.
• Once the voter is verified and declared eligible
for casting his or her vote remotely, a multi-
constituency remote polling station will be
set up in the area where they are currently
staying.
• These RVMs will have a different electronic
ballot display system with candidates and
symbols instead of a fixed ballot paper sheet
and when the voter scans his/her
constituency card in the presence of the
Presiding Officer at the polling station, their
respective constituency and candidate list
will appear on the RVM display.
9.10.5 ENCORE Software
About ENCORE:
• ENCORE (Enabling Communications on Real-
time Environment) is proprietary software
developed by the Election Commission of
India.
• It facilitates candidate and election
management to provide a seamless facility for
Returning Officers (ROs) to process candidate
nomination, affidavit, Voter turnout,
counting, results and data management.
 10
Scheduled and Tribal Areas
10.1 Scheduled Tribes
Context: Recently, the SC held that the High
Courts lack the authority to alter the Scheduled
Tribes List.
Case News:
• Initially, Manipur High Court instructed the
State government to review the Meitei
community's status in the Scheduled Tribe
list.
• Subsequently, the Supreme Court clarified
that the authority to designate Scheduled
Castes or Scheduled Tribes rests with the
President.
• Also in the State of Maharashtra Case 2000,
the court held that the State governments or
courts or tribunals or any other authority
cannot modify, amend or alter the list of
Scheduled Tribes specified in the notification
issued under clause (1) of Article 342.
• Further, the court held that a notification
issued under clause (1) of Article 342
specifying Scheduled Tribes can be amended
only by law to be made by Parliament.
Article 244: (Administration of Scheduled and
Tribal Areas)
• Articles 244(1) provide for the application of
Fifth Schedule provisions to Scheduled Areas
notified in any State other than the Sixth
Schedule States viz. Assam, Meghalaya,
Tripura, and Mizoram.
• At present, there are 10 States in the 5th
Schedule namely Andhra Pradesh,
Chhattisgarh, Gujarat, Himachal Pradesh,
Jharkhand, Madhya Pradesh, Maharashtra,
Odisha, Rajasthan and Telangana.
Governance of Schedule Areas:
• The President of India notifies India’s
Scheduled Areas and States with Scheduled
Areas need to constitute a Tribal Advisory
Council with up to 20 ST members to advise
the Governor on matters referred to them
regarding ST welfare.
40
• The Governor can also make regulations for a
Scheduled Area and regulate the allotment of
land to STs and money-lending to STs and the
Governor will then submit a report every year
to the President regarding the administration
of Scheduled Areas.
Constitutional Definition of Scheduled Tribes:
• The Constitution identifies Scheduled Tribes
based on Article 342 (1) and Article 366.
• Article 342 and Article 366 define the process
for determining Scheduled Tribes, wherein
the “President may with respect to any State
or Union Territory, and where it is a State,
after consultation with the Governor, by a
public notification, specify the tribes or tribal
communities or part of or groups within tribes
or tribal communities as Scheduled Tribe in
relation to that State or Union Territory.”
• Thus, the President has the exclusive
authority to designate tribal communities as
Scheduled Tribes, with the Governor playing
a recommendatory role.
• The Constitution does not specify criteria for
identifying ST communities.
• Generally, recommendations from the 1965
Lokur Committee are followed for this
purpose, which includes:
1. Primitive traits
2. Distinctive culture
3. Geographical isolation
4. The shyness of contact with the community
at large
5. Backwardness.
Process of Inclusion in the ST List:
• Article 342(2) allows Parliament to modify the
list of Scheduled Tribes through legislation,
including the inclusion or exclusion of
specific tribes or communities.
• Additionally, the State governments
recommend tribes for Scheduled Tribe status,
reviewed by Ministry of Tribal Affairs
(MoTA) and sent to Registrar General of
India.
• The National Commission for Scheduled
Tribes monitors and approves lists before
Cabinet approval.

More on News: PTGs as Particularly Vulnerable Tribal

• The Baiga, a Particularly Vulnerable Tribal Groups (PVTGs) and followed the following
Group (PVTG) became the second to get criteria for identification of PVTGs which
habitat rights in the state of Chattisgarh, after includes:
the Kamar PVTG. o Pre-agricultural level of technology,
About Habitat Rights: o Low level of literacy,
• Habitat rights are given to PVTGs under o Economic backwardness,
Section 3(1)(e) of The Scheduled Tribes and o Declining or stagnant population.
Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 also
known as the Forest Rights Act (FRA).
• Habitat rights recognition grants communities
authority over their customary territory,
encompassing habitation, socio-cultural
practices, economic livelihoods, intellectual
knowledge of biodiversity, traditional resource
use, and conservation of natural and cultural
heritage.
About Particularly Vulnerable Tribal Group
(PVTG):
• In 1973, the Dhebar Commission created
Primitive Tribal Groups (PTGs) as a separate
category, which are less developed among the
tribal groups.
• In 2006, the Government of India renamed the

41
 11
Local Self Government & Cooperatives
Nominated members in RS, LS and Delhi
11.1 Alderman: Right To Vote MCD:

Context: The Supreme Court recently said the

Constitution does not allow nominated members
of a municipality the right to vote in meetings.
About Alderman in India:
• The Delhi Municipal Corporation Act, 1957,
allows the administrator (Lieutenant
Governor) to nominate ten aldermen with
expertise in municipal administration to
assist in public decisions.
• Nominees must be at least 25 years old.
11.2 Multi-State Cooperative Societies
• An "alderman" is a city council or municipal
body member without voting rights in (Amendment) Act, 2022
mayoral elections.
Context: Recently, the Multi-State Cooperative
• Currently, a controversy surrounds the
Societies (Amendment) Bill, 2022, was passed
eligibility of the nominees, with two
by the Lok Sabha to amend the Multi-State
disqualified for not appearing on the voter
Cooperative Societies (MSCS) Act, 2002.
list.

42
Key Provisions of the Multi-State Cooperative Societies (Amendment) Bill, 2022 Bill:

Provision Multi-State Cooperative Societies Act Multi-State Cooperative Societies

of 2002 (Amendment) Bill, 2022

Election of Board • Under the Act, elections to the board • It establishes the Co-operative
Members of a multi-state co-operative society Election Authority to conduct and
are conducted by its existing board. supervise elections to the boards
of multi-state co-operative
societies.

Amalgamation of • The Act provides for the • The Bill allows state co-operative
co-operative amalgamation and division of multi- societies to merge into an existing
Societies state co-operative societies. This can multi-state co-operative society,
be done by passing a resolution at a subject to the respective state laws
general meeting with at least two- with at least two-thirds of the
thirds of the members, present and members consent
voting.

Fund for sick co- • The Bill establishes the Co-

operative societies: operative Rehabilitation,
NA Reconstruction and
Development Fund for revival of
sick multi-state co-operative
societies.

Restriction on • The Act provides that the shares held • The Bill amends to provide that
redemption of in a multi-state co-operative society any shares held by the central and
Government by certain government authorities state governments cannot be
Shareholding can be redeemed based on the bye- redeemed without their prior
laws of the society approval.

Redressal of • The central government will

Complaints appoint one or more Cooperative
NA Ombudsmen with territorial
jurisdiction.

traditional practices of the Naga people in

11.3 Nagaland’s Municipal Act
Context: Recently, Nagaland government
repealed the Nagaland Municipal Act of 2001,
which had a 33% reservation for women in
urban local bodies.
More on news:
• Nagaland is the only Indian state without
reserved seats for women in Urban Local
Bodies (ULBs), as required by the 74th
Amendment to the Constitution.
Article 371A:
• It provides special safeguards for the
protection of the unique social, cultural, and
Nagaland.
• The Governor of Nagaland has a special
responsibility for maintaining law and order
and administering justice.
• The Nagaland’s state legislature has
authority over land ownership, transfer,
resources, and customary laws of Naga
tribes.
• The Parliament of India is prohibited from
passing laws that impact the religious, social,
customary practices, or land-related matters
of the Naga people in Nagaland.

43
11.4 Panchayat Development Index
Context: The Union Minister of State for
Panchayati Raj recently released the Report on
the Panchayat Development Index (PDI).
About Panchayat Development Index (PDI):
• PDI is a computation score that assesses the
progress of Indian Panchayats based on local
indicators.
• Ranking is based on scores (0-100),
categorised into A (75-90%), B (60-75%), C (40-
60%), and D (under 40%).
• Ministry: Panchayati Raj.

44
 12
Constitutional, Statutory and Executive
Bodies
12.1 The Competition (Amendment)
Bill 2023
The Competition (Amendment) Act 2023 - Key
Amendments:
• It broadened the scope of anti-competitive
agreements
• It reduced the time limit for review of M&As
from 210 days to 150 days.
• Introduction of Deal Value as another
criterion for notifying M&As.
• Limitation Period of 3 years for filing
information.
• Penalty indexed to Global Turnover.
• Introduction of Settlement & Commitment
framework for faster market correction.
• Hub-and-Spoke type arrangements brought
under the presumptive rule of Appreciable
Adverse Effect on Competition (AAEC).
• Leniency Plus
• Framing of regulations after public
consultations.
• Appointment of the Director General by the
commission, with prior approval of the
Central government.
About Competition Competition of India (CCI)
Act 2002:
• The CCI Act prohibits anti-competitive
agreements, abuse of dominant position by
enterprises and regulates combinations,
which are likely to cause an appreciable
adverse effect on competition within India.
• It replaced the Monopolies and Restrictive
Trade Practices (MRTP) Act of 1969.
• CCI powers and functions include Enquiry
into Anti-Competitive Agreements, Advisory
Functions, Divide the Enterprise Enjoying
Dominant Position, Regulate its Own
Procedure, Power of Civil Court and
Imposing Monetary Penalties.
45
About Doctrine of Necessity
• Recently, The Competition Commission of
India used the "Doctrine of Necessity" to
approve six Mergers & Acquisitions and
investment proposals.
• The doctrine of necessity allows legal
authorities to take actions that go beyond their
usual legal mandate in situations that demand
immediate action.
12.2 National Human Rights
Commission (NHRC)
Context: Recently, Global Alliance of National
Human Rights Institutions (GANHRI) deferred
the accreditation of the National Human Rights
Commission, India.
About Global Alliance of National Human
Rights Institutions (GANHRI):
• GANHRI is a global network of national
human rights institutions (NHRIs),
responsible for reviewing and accrediting
Human Rights Institutions in compliance with
the Paris Principles every five years.
• The Office of the High Commissioner for
Human Rights (OHCHR) is a permanent
observer on the Sub Committee on
Accreditation and serves as the secretariat to
the GANHRI.
Paris Principles:
• Adopted in 1991, the Paris Principles set
global standards for national human rights
institutions.
• The six principles require the independence
of a country's human rights agency from the
government in its structure and decision-
making.
• Criteria:
o Mandate and Competence
o Autonomy from Government
 o Independence guaranteed by a statute or 12.4 Enforcement Directorate
constitution
Context: The Supreme Court recently made a
o Pluralism
decision regarding the extension of tenure for the
o Adequate Resources
Chief of the Enforcement Directorate (ED).
o Adequate Power of Investigation.
About Enforcement Directorate:
12.3 General Consent • Established in 1956, the Enforcement
Directorate is a multi-disciplinary
Context: Recently, the Tamil Nadu government organisationn that deals with economic crimes,
revoked general consent for CBI investigations including money laundering and foreign
in the state. exchange law violations.
About General Consent of the CBI: • It enforces laws like PMLA 2002, FEMA 1999,
• General consent is normally given by states Fugitive Economic Offenders Act 2018, etc.
to help the CBI to conduct a seamless • It's led by a Director with support from
investigation of corruption cases against Special, Joint, and Deputy Directors and is
central government employees in their states. headquartered in Delhi with 5 regional offices.
• It must mandatorily obtain the consent of the • Directors serve a standard tenure of 2 years,
state government concerned before beginning extendable to a maximum of 5 years.
to investigate a crime in a state. • It operates under the Department of Revenue,
• There are two types of consent for a probe by Ministry of Finance.
the CBI which include: • It conducts inquiries, seizes assets, and makes
o General: When a state gives a general arrests.
consent to the CBI for probing a case, the
agency is not required to seek fresh
permission every time it enters that state in
connection with investigation or for every
case.
o Specific: When a general consent is
withdrawn, CBI needs to seek case-wise
consent for investigation from the
concerned state government. If specific
consent is not granted, the CBI officials will
not have the power of police personnel
when they enter that state.
• Consent does not apply in cases where
someone has been caught red-handed taking a
bribe.
Implications of Withdrawal of Consent:
• The CBI will not be able to register any fresh
case involving officials of the central
government or a private person in the state
without the consent of the state government.
• CBI officers will lose all powers of a police
officer as soon as they enter the state unless
the state government has allowed them.
• CBI retains the power to investigate cases that
had been registered before consent was
withdrawn.

46
 13
Significant Policies & Legislations
13.1 Caste Census
Context: The Supreme Court rejected a batch of
petitions challenging the ongoing caste-based
census in Bihar.
About Caste Census:
• Caste census means the inclusion of caste-
wise tabulation of India’s population in the
Census exercise, which is a decennial count of
the Indian population.
13.2 IT Regulations
13.2.1 Social Media Guidelines
Context: The government has mandated that
celebrities and influencers must disclose financial
or material gains when endorsing products or
brands on social media.
47
• In India, censuses since 1951 have recorded
the population of Scheduled Castes and
Scheduled Tribes but not the population of
Other Backward Classes (OBCs), as there is
no constitutional mandate for the same.
About the News Guidelines:
• Disclosure and Terminology: Prominent and
clear disclosures are required, with terms like
'advertisement,' 'sponsored,' or 'paid
promotion' for all endorsements.
• Material Benefits: They include incentives,
compensation, trips, hotel stays, media
exchanges, awards, free products, discounts,
gifts, and personal, family, or employment
relationships.
• Penalties for Violations: Rs 10 lakh fine for
offenders and for repeated offenders the fine
can go up to Rs 50 lakh.
13.2.2 Gaming and Fake News
Context: Recently, MEITY has amended the
Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021.
About Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Amendment Rules, 2023:
• Grievance Appellate Committee(s) will be established to allow users to appeal against the inaction of
or decisions taken by intermediaries on user complaints.
Online real money gaming:
Games of skill
• Principle Approach: To win or increase the odds
of winning the individual needs to have the
prerequisite experience and extensive knowledge
of the game.
• There is an identifiable learning curve in
developing the necessary skills and honing them
to adapt to different scenarios.
• Example: Chess, Carrom, Rummy, Teen Patti,
Horse Racing, and Fantasy Sports are said to be
games of Skill.
• Online gaming refers to games that can only
be played with an internet connection.
• The new rules define an ‘online game’ as “a
game that is offered on the internet and is
accessible by a user through a computer
resource or an intermediary.
• It requires real money gaming platforms to
register with a self-regulatory body (SRB) that
will determine whether or not the game is
“permissible".
• The new rules for online gaming prohibit any
game that involves betting and wagering.
• It is obligatory for intermediaries to not host,
publish or share any online game that can
cause harm or hasn't been verified as
permissible.
• No advertisement or promotion of non-
permissible games are allowed on their
platform.
Other regulations of Online Gaming in India:
• Seventh Schedule: The Constitution of India
empowers State governments to legislate on
matters relating to betting and gambling vide
Entry 34 and Sports vide Entry 33 of the State
List of the Seventh Schedule.
o However, the State cannot legislate on
games of skill as it is only concerned with
betting, gambling and sports, which fall
under the ambit of games of chance.
• Courts on Online Gaming: According to
48
Games of chance or luck
• These games are based on pure luck where
the odds of winning cannot be boosted by
a player’s skill, experience, and/or
knowledge.
• They are based on unpredictable
outcomes, thus, there is no skill involved.
• Examples include Baccarat, slot games,
lotteries, and table games such as
blackjack, and roulette.
various Court judgments, betting on games of
skill is legal, while betting on games of chance
is not.
o Playing online games and sports of skills
forms part of Article 19 (1) (g) and Article
21 of the constitution.
o States only have the power to make laws
and regulate gambling, and betting on the
activity of gambling.
• Legal Entity: Any online gaming platform –
domestic or foreign– offering real-money
online games to Indian users will need to be a
legal entity incorporated under Indian law.
• Reporting Entity: These platforms will also
be treated as ‘reporting entities under the
Prevention of Money Laundering Act, of
2002.
• Fake News:
o These amendments impose a legal
obligation on intermediaries to make
reasonable efforts to prevent users from
uploading harmful/unlawful content.
o The Press Information Bureau's fact check
unit will be the official fact checker for the
Indian government under the amended IT
Rules.
o Whenever any news is notified as fake,
social media companies will lose their
“safe harbour” for such content, opening
them up to lawsuits or other legal action.
 o Social media companies have traditionally
enjoyed legal immunity for content posted
by users, as the Information Technology
Act, 2000 treats them as intermediaries.
o Under the IT Rules they lose this status if,
they don’t have a grievance officer for
India, or don’t address user complaints on
time.
About IT Rules, 2021:
• Digital Media: The law applies to digital
content transmitted online, involving
intermediaries like Twitter, Facebook, and
YouTube, as well as news publishers and
content curators.
• Equal Treatment to Traditional Media
o Digital media is brought under the ambit
of Section 69(A) of the Information
Technology Act, 2000 which gives
takedown powers to the government.
o The section allows the Centre to block
public access to an intermediary “in the
interest of sovereignty and integrity of
India, defence of India, security of the
State, friendly relations with foreign
States or public order or for preventing
incitement to the commission of any
cognisable offence relating to above”.
• Content Moderation Officers: Social media
companies are needed to appoint officers who
will be responsible for complying with content
moderation orders.
• Originator of Message: The rules make it
mandatory for platforms such as WhatsApp to
aid in identifying the “originator” of
“unlawful” messages.
• Grievance Redressal Portal: The rules
mandate the creation of a grievance redressal
portal as the central repository for receiving
and processing all grievances.
About Think Change Forum (TCF):
Context: As per the Think Change Forum (TCF)
report, Illegal betting activities related to the
Cricket World Cup 2023 in India caused
significant tax losses.
About Gambling:
• Gambling is the risking or staking of money
or any other valuable security which may be
referred to as “stakes” on an event that does
not have a certain outcome.
• The Public Gambling Act 1867 is the general
law that governs gambling in India.
• However, gambling is largely a state subject
and comes under the state list of the 7th
Schedule of the Constitution.
49
• This means that only the state has the right to
regulate laws (State-specific) related to
gambling activities in their territory.
13.2.3 Digital India Act, 2023
Context: Introduction of Digital India Act 2023 to
replace the IT Act 2000.
About Digital India Act, 2023:
• It is an umbrella legislation with the Digital
Personal Data Protection Bill, DIA, National
Data Governance Policy, and amendments to
IPC.
Key components of the Digital India Act, 2023:
• Open internet: Advocates for choice,
competition, online diversity, fair market
access, ease of doing business to prevent the
concentration of power and gatekeeping.
• Online safety and trust: It focuses on
safeguarding users against cyber threats.
• Push for digital rights: It advocates for digital
rights like the Right to be Forgotten and the
Right to Digital Inheritance.
• Know Your Customer (KYC) requirements:
For users of privacy-invading devices like spy
camera glasses and other wearable
technology.
• Monetisation rules: For platform-generated
as well as user-generated content.
• Accountable Internet: It seeks to boost internet
user accountability via legal mechanisms for
complaint resolution, upholding online
constitutional rights, ensuring algorithm
transparency, periodic risk assessments, and
disclosure norms for intermediary-collected
data.
• Evolvable digital law: Create adaptable rules
aligned with evolving technology trends,
updatable to suit the nation's digital
infrastructure needs.
• Adjudicatory mechanism: For online civil and
criminal offences.
• Principles and rules-based approach: The
DIA will provide a legislative framework
keeping overarching governing principles in
mind to ensure compliance.
• Global Standard Cyber Laws: The goals of
Digital India Act 2023 are essentially
acknowledging the need for Global Standard
Cyber Laws and to spell out the goals and
proposed structure of the Digital India Act
and the way forward.
Objectives of Global Standard Cyber Laws
1. Ensure the Indian internet is open, safe and
trusted, and accountable.
2. Accelerate the growth of innovation and
 technology ecosystem.
3. Manage the internet’s complexities and
expansion of intermediary types.
4. Create a framework for accelerating
digitalization of government and strengthen
democracy and governance.
5. Protect citizen’s rights.
6. Address emerging technologies and risks.
7. Be future-proof and future ready.
13.2.4 IT Rules & Safe Harbour
About Section 69 of IT Act:
• It grants the Central and State governments
the authority to issue instructions for
"intercepting, monitoring, or decrypting any
computer-generated information.”
• It permits the government to issue content-
blocking orders to online intermediaries like
ISPs, telecom providers, web hosts, search
engines, online market places etc.
• Non-compliant social media intermediaries
can be penalised with fines and imprisonment
for up to seven years.
• Section 69A of the IT Act permits the state to
impose ‘reasonable restrictions’ on following
grounds- Sovereignty or Integrity of India,
Defence and Security of the State, Friendly
Relations with foreign States and Public
Order.
Shreya Singhal Case 2015:
• Section 66A of the IT Act was struck down
and Section 69A was held constitutionally
valid.
Section 67 of the IT Act:
• It penalises publishing obscene information
or pornography or transmission of obscene
content in public
About Safe Harbour:
• Safe harbour is a legal immunity that online
intermediaries enjoy under Section 79 of the IT
Act, 2000.
• It is provided to platforms that meet due
diligence requirements, such as content
censorship upon government or court
requests.
• The concept of safe harbour originated from
50
Section 230 of the United States'
Communications Decency Act.
More on News:
• Recently, the Meity has launched the GAC
portal under IT Rules, 2021.
• Grievance Appellate Committee is designed
and developed by National Informatics Centre
(NIC).
• It has adopted an online dispute resolution
system in which the entire appeal process,
from submission to the final decision, will be
conducted in digital mode.
• GAC portal enables users to appeal online to
the government against decisions regarding
content takedown or retention by social media
platforms.
• Three GACs will address user complaints
against social media giants, each comprising a
chairperson and two independent members
appointed by the Central Government.
• Anyone can appeal to the Grievance Appellate
Committee within 30 days of receiving
communication from the Grievance Officer,
which must be resolved within 30 days of
receipt.
13.2.5 OTT Regulation in India
Context: The Digital Publisher Content
Grievances Council recently recommended
punitive action against an OTT platform under
the Information Technology Rules (2021).
About Over The Top (OTT) Platforms:
• OTT (Over The Top) Platforms provide direct
online access to movies, TV shows, and other
media, bypassing traditional cable or satellite
systems.
• In India's regulatory terms, OTT platforms
are referred to as 'publishers of online
curated content'.
• Online curated content includes films, web-
series, podcasts, etc., available on demand,
often via subscription, through OTT
platforms.
• "On demand" refers to a system enabling
users to access and select electronic content at
their convenience, transmitted over a
computer resource.

3-Tiered Framework for OTT Regulation:
1. Self Regulation by the publishers.
2. Self-Regulation by the self-regulating bodies
of the publishers.
3. Oversight Mechanism.
India’s Regulatory Framework for OTTs:
• Existing laws like the Information
Technology Act 2000, Indian Penal Code
1861, and Indecent Representation of Women
(Prohibition) Act 1986 apply to content on
OTT Platforms.
• The Government introduced the Information
Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules 2021 under
section 87 (2) of the Information Technology
Act, 2000.
o The rules have assigned the task of
regulating OTT and online platform
content to the Ministry of Information and
Broadcasting (I&B).
• Self-Classification of Content into five age-
based categories: U (Universal), U/A 7+, U/A
13+, U/A 16+, A (Adult).
• Others include Parental Locks, Grievance
Redressal Mechanism etc.
Digital Publisher Content Grievances Council
(DPCGC)
• Established in 2021, the DPCGC was
registered by the Ministry of Information
and Broadcasting under the auspices of the
Internet and Mobile Association of India
(IAMAI).
• It's an officially recognised, independent self-
regulatory body for online curated content
providers (OCCPs), complying with IT Rules
2021.
51
13.2.6 Digital Advertisement Policy, 2023
Context: The Ministry of Information and
Broadcasting approved the “Digital
Advertisement Policy, 2023 to enable and
empower the Central Bureau of Communication
(CBC) to undertake campaigns in the digital
media space.
About Digital Advertisement Policy, 2023
• The objective of Digital Advertisement
Policy, 2023 is to mainly enhance the Digital
Outreach of the Government of India and
improve information dissemination to the
Citizens.
Key Features:
• CBC can now empanel digital media
agencies to engage podcast listeners,
YouTube, OTT viewers, and social media
users.
• The policy extends campaigns to mobile
applications, requiring eligibility for websites,
mobile apps, OTT platforms, and digital audio
platforms with a minimum one-year existence.
• Advertising rates will be linked to subscriber
base and viewership, determined through
competitive bidding for transparency and
efficiency, with rates valid for three years.
Central Bureau of Communication (CBC):
• It is the Media Unit of the Ministry of
Information and Broadcasting which is the
designated organization for issue of
advertisements through all forms of media.
13.3 Organ Donation Policy
Context: The Union Health Ministry removed
the 65-year age limit for organ transplant
registrations in the National Organ and Tissue
Transplant Organization's guidelines.
About National Organ and Tissue Transplant
Organization (NOTTO):
• It is set up under Directorate General of
Health Services, Ministry of Health and
Family Welfare,
• It has following two divisions:
• National Human Organ and Tissue Removal
and Storage Network:
o Mandated under the Transplantation of
Human Organs (Amendment) Act 2011.
o It is nodal networking agency and
networks for Procurement Allocation and
Distribution of Organs and tissues in
Delhi.
• National Biomaterial Centre:
o Its primary goal is to bridge the gap
between tissue demand and supply while
ensuring quality assurance.
About Transplantation of Human Organs Act,
1994
• It regulates human organ removal, storage,
and transplantation for therapeutic purposes,
preventing commercial organ dealings.
Main Provisions:
• Recognises brain death as a form of the death
process and defines criteria for brain death.
• Provides regulatory and advisory bodies for
monitoring transplantation activity.
• Provides for maintenance of a registry of
donors and recipients of human organs and
tissues.
52
13.4 Amendments to PMLA Rules
Context: The government has expanded the
scope of the PMLA to include the "financial
transactions" of practicing accountants to
enhance control.
New Rules:
• Chartered accountants and company
secretaries will now be required to undergo
the Know Your Company (KYC) process
before starting work, making them reporting
entities when managing clients' money.
• PMLA rules mandate reporting entities to
record all transactions and submit them to
financial intelligence units (FIUs).
• Reporting Entities include a banking
company, financial institution, intermediary
etc.
About Prevention of Money Laundering Act:
• The anti-money laundering legislation was
passed in 2002 with the aim to curb the
process of converting illegally earned money
into legal cash.
• It showcases India’s commitment to the
Vienna Convention on combating money
laundering, drug trafficking, and countering
the financing of terror (CFT).
• The Act empowered the Enforcement
Directorate (ED) to control money
laundering, confiscate property, and punish
offenders.
• PMLA enables appointment of the • Due diligence documentation requirements:
Adjudicating Authority and the Appellate It has now been extended.
Tribunal to deal with the menace of money o It now includes the submission of details
laundering. such as names of persons holding senior
management positions, names of partners,
Vienna Convention on Money Laundering:
etc.
• First major initiative of 1988 to combat
• For Cryptocurrencies: Virtual digital assets
Money Laundering.
(VDA) trade has been brought under PMLA.
• It obliges the member states to criminalize
o New rules mandate crypto exchanges and
the laundering of money from drug
intermediaries dealing in virtual assets to
trafficking.
maintain the KYCs of their clients and
What are the changes in the PMLA rules? report suspicious transactions to financial
• Reduced threshold for identifying beneficial intelligence units.
owners:
The amended rules harmonize with the 13.5 Decennial Census
Companies Act and Income-tax Act, lowering
Context: The Decennial Census 2021 has been
the threshold for reporting entities to identify
delayed, and the Additional Registrar General of
“beneficial owners from 25% to 10%,
India pointed out the extension of administrative
encompassing more indirect participants.
boundary freezing.
• Politically Exposed Persons (PEPs): New
Conduct of Census:
PMLA compliance rules define foreign
• India's first synchronous Census was
"Politically Exposed Persons" (PEPs) as
conducted in 1881 by the colonial
individuals entrusted with prominent public
administration, occurring every ten years
functions by a foreign country.
since.
o This includes heads of state or
• The decennial census, conducted in two
governments, senior politicians,
phases, employs government-trained
government, judicial or military officers,
enumerators.
executives of state-owned corporations,
• The first phase gathers data on housing
and important political party officials.
conditions, household amenities, and assets,
o Domestic PEPs are not covered under this
while the second phase collects data on
amendment.
population, education, religion, economic
o This move to define PEPs under PMLA is
activity, and Scheduled Castes and Tribes,
to bring uniformity with a 2008 circular of
among other aspects.
the Reserve Bank of India (RBI) for KYC
• The Census is conducted under the Census
norms/anti-money laundering standards
Act of 1948, which predates the Constitution.
for banks and financial institutions which
• The Act does not bind the government to
had defined PEPs in line with FATF norms.
conduct the Census on a particular date or to
• NGOs: Reporting entities must register non-
release its data in a notified period.
profit organisations on NITI Aayog's
DARPAN portal and keep registration
13.6 Jan Vishwas Act 2023
records for five years after the end of the
business relationship or account closure. Context: Recently, the Jan Vishwas bill was
o It now includes submission of details such passed which aims to decriminalise 183 offences
as names of persons holding senior across 42 legislations to improve the ease of
management positions, names of partners, living in and doing business.
names of beneficiaries, trustees, settlers Key Provisions:
and authors, details of the registered office • The bill seeks to eliminate the 2-year
address and principal place of business imprisonment penalty for sending unpaid
among others. postal articles under the India Post Office
Act of 1898.

53
• It proposes to omit Section 66A of the IT Act,
which punishes any person who sends
offensive information using a computer or
electronic device and sends false information.
• It seeks to decriminalise certain Environment
Act offences, including discharge of
pollutants in excess of specified standards
and handling hazardous substances without
safeguards, and remove imprisonment but
retain fines ranging from INR 5 lakh to 5 crore
with daily fines for continuous violations.
• The bill raises fines and penalties for
specified offenses and mandates a 10%
increase every three years.
• The Union Government can appoint
adjudicating officers to determine penalties,
summon individuals for evidence, and
conduct inquiries under various Acts,
including the Agricultural Produce (Grading
and Marking) Act, 1937, the Air (Prevention
and Control of Pollution) Act, 1981, the
Environment (Protection) Act, 1986, and the
Public Liability Insurance Act, 1991.
• It specifies the appellate mechanisms for any
person aggrieved by the order passed by an
adjudicating officer.
Jan Vishwas (Amendment of Provisions) Bill,
2023:
• Decriminalisation: Removal of all offenses
under the Indian Post Office Act, 1898.
• Appointment of adjudicating officers under
some acts for determining penalties.
• Periodic revision of fines and penalties for
various offences and increase the minimum
amount by 10% every three years.
13.7 News Broadcasting and Digital
Standards Authority
Context: NBDSA has observed that news
channels are violating the code of ethics,
broadcasting standards and guidelines.
About NBDSA:
• The NBDSA is an independent body
established by the News Broadcasters and
Digital Association (NBDA), representing
private TV news, current affairs, and digital
broadcasters.
• It is not a government or legal organisation
and aims to shield members from unfair
practices and safeguard their interests,
including freedom of expression.
54
• NBDSA can independently initiate
proceedings, issue notices, and take action
within its regulations, including imposing
fines of up to Rs 1 lakh.
13.8 National Generic Document
Registration System
Context: 28 States/UTs have implemented the
National Generic Document Registration System
(NGDRS) for land records.
About National Generic Document Registration
System (NGDRS):
• NGDRS is a common, generic, and
configurable application developed for
registration departments across the country.
• It is a project initiated by Department of Land
Resources (DoLR), Ministry of Rural
Development.
• It is specifically designed for the use of sub
registrars, citizens and apex users from
registration departments.
• NGDRS allows states to customize the
software to meet their specific needs by
creating state-specific instances.
• It promotes "One Nation One Software" and
empowers citizens with property valuation,
auto calculation of duty, and online
document submission.
• It provides a single platform for all
registration process stakeholders.
Features of NGDRS:
• E-KYC based authentication
• Online Document Entry
• SMS Alert Facility
• Local Language Support
• Linkage with Land Records System
13.9 Digital Personal Data Protection
(DPDP) Bill 2022
Context: Recently, the Digital Personal Data
Protection (DPDP) Bill was passed in
Parliament.
• Right to Data Portability: It enables
individuals to obtain and reuse their personal
data for their own purposes across various
services.
• Right to be Forgotten: It is the right of
individuals to delete or remove content to
prevent its access by the general public.
Key Features of Digital Personal Data
Protection (DPDP) Bill 2022:
• Data Principal refers to the individual whose
data is being collected.Data Fiduciary refers to
the entity (such as an individual, company,
firm, or state) that determines the purpose
and means of processing the individual's
personal data.Children are defined as users
under the age of 18, their parents or lawful
guardians are considered their Data
Principals.
• Personal data is defined as "any data by
which or in relation to which an individual
can be identified."
• Processing refers to the entire cycle of
operations carried out in respect of personal
data, including collection and storage.
• Cross-Border Flow: Based on data security
and government access, the government will
notify regions where Indian data can be
transferred.
• It proposed the establishment of a Data
Protection Board (DPB) to enforce
compliance. DPB will be "digital by design."
• Users have the right to correction and erasure
of their personal data held by businesses.
• Companies of significant size must appoint a
Data Protection Officer and an independent
data auditor to evaluate compliance.
• It prohibits processing of personal data that
may cause harm to children and targeted
advertising on children below 18 years of
age.
• It includes exemptions for national security
reasons, allowing the government to exempt
state agencies from adhering to provisions in
the interest of sovereignty, integrity, and
security of the state.
• It prescribes penalties for users who submit
false documents during sign-up or file
frivolous grievance complaints, with fines up
to Rs 10,000.
• Penalties for data breaches and non-
compliance have been increased, ranging from
Rs 50 crore to Rs 500 crore.
55
13.10 Mediation Act 2023
Context: Recently, the Parliament has passed the
Mediation Bill 2023.
Key Features of Mediation Bill 2023:
• It requires people to try to settle civil or
commercial disputes through mediation
before approaching any court or tribunal.
• A party may withdraw from mediation after
two mediation sessions.
• The mediation process must be completed
within 180 days, which may be extended by
another 180 days by the parties.
• It proposes a Mediation Council of India
with functions including registering mediators
and recognising mediation service providers
and mediation institutes.
• Areas of Exclusion: Serious allegations of
fraud, criminal offences, environmental
matters reserved for the National Green
Tribunal, and matters relating to competition,
telecom, securities and electricity law and
land acquisition.
Singapore Convention on Mediation:
• It provides a framework for cross-border
enforcement of settlement agreements
resulting from international mediation.
• In 2019, India became a signatory to this
Convention, but has not yet ratified it.
About Mediation:
• Mediation, a form of alternative dispute
resolution, is a voluntary process in which
parties try to settle disputes with the
assistance of an independent third person (the
mediator).
• The mediator does not impose a solution on
the parties but creates a conducive
environment in which they can resolve their
dispute.
13.11 Mines and Minerals Act 1957
Context: Recently, the Bihar police arrested 20
sand smugglers and seized 40 sand-laden boats
in a major crackdown against illegal sand
mining in the state.
About Sand and Sand Mining:
• Sand is considered an essential material as it
is used for making concrete, building sites,
filling roads, making bricks, making glass,
sandpapers, etc.
• According to UNEP, sand mining (extraction)
is the removal of primary natural sand and
sand resources from the natural environment
to extract valuable minerals for subsequent
processing.
Mines And Minerals (Development And
Regulation) Act, 1957 (MMDR Act)
• MMDR Act provides for the development and
regulation of mines and minerals under the
control of the Union.
• Sand is a minor mineral under Section 3(e) of
the MMDR Act and control of illegal mining
comes under the legislative and administrative
purview of the state governments.
• Section 15 of the MMDR Act empowers the
state governments to make rules for
regulating the grant of quarry leases, mining
leases or other mineral concessions in respect
of minor minerals and for purposes connected
therewith.
• Section 23C of the MMDR Act empowers the
state governments to make rules for
preventing illegal mining, transportation, and
storage of minerals and for the purposes
connected therewith.
13.12 Telecommunications Act 2023
Context: Recently, the President gave his assent
to Telecom Bill 2023, to replace the 138-year-old
Indian Telegraph Act.
More on News:
• The Telecommunications Act 2023 replaces the
Indian Telegraph Act, 1885, the Indian
Wireless Telegraphy Act, 1933, and the
Telegraph Wires (Unlawful Possession) Act,
1950 and it grants authority to the central
government for authorizing telecom-related
activities and assigning spectrum.
56
• The Central Government is mandated to define
procedures and safeguards for interception
and violators face stringent penalties,
including imprisonment for up to three years
and fines up to 50 lakh rupees.
• The act introduces a digital grievance
redressal mechanism, and the statutory
framework expedites the process of obtaining
the right of way, facilitating faster
connectivity and last-mile deployments and
this framework is designed to enhance high-
speed fixed broadband access.
13.13 Press and Registration of
Periodicals Bill
Context: Recently, the Press and Registration of
Periodicals Bill, 2023 was passed to replace the
colonial-era Press and Registration of Books Act,
1867.
Key Features of the Press and Registration of
Periodicals Bill, 2023:
• It provides a simple online mechanism to
apply for title verification and grant of
certificate of registration by the Press Registrar
General, which would enable the PRG to fast-
track the process.
• Publishers and Printing Presses are exempt
from providing declarations or authentication
to local authorities. They only need to submit
an online intimation to the Press Registrar
General (PRG) and the local authority.
• The District Magistrate (DM) is required to
provide comments or a No Objection
Certificate (NOC) to the PRG within 60 days.
Subsequently, the PRG will decide on
registration.
• A person who has been convicted by any court
for an offense involving a terrorist act or
unlawful activity, or having done anything
against the security of the State shall not be
permitted to bring out a periodical.
• Printing of Facsimile/Reprint Edition of a
Foreign Periodical would require a prior
approval of the Central Government and its
registration with the Press Registrar General.
• The Bill has provided a credible appellate
mechanism, which would be headed by the
Chairperson, Press Council of India.
13.14 Post Office Act, 2023
Context: Recently, the President gave assent to
the Post Office Bill, 2023 which replaced the
Indian Post Office Act of 1898.
About the Post Office Bill, 2023:
• It aims to provide a simple legislative
framework for post offices, facilitating their
evolution into a network for citizen-centric
services. The Bill provides that India Post will
provide services as may be prescribed by the
central government.
• Interception of an article may be carried out on
the following grounds of the security of the
state, friendly relations with foreign states,
public order, emergency and public safety.
• The central government may empower an
officer of India Post to deliver the postal
article to the customs authority or any other
specified authority. The authority will then
deal with the item in question, and an officer
empowered by the central government
through a notification may carry out
interception.
• The bill regulates private courier services for
the first time and The post office or post
officials will be exempt from liability for loss,
misdelivery, delay or damage while rendering
postal service.

57
 14
Miscellaneous
o The Parliament has enacted the Inter-State
14.1 Henley Passport Index 2023 Water Disputes Act (1956).
Context: India has been ranked 80th out of 199
14.3 Bootlegging
countries in the Henley Passport Index.
About Henley Passport Index: • Bootlegging is illegal traffic of liquor in
• Compiled by Henley and Partners in London, violation of legislative restrictions on its
the index uses data from the International Air manufacture, sale, or transportation.
Transport Association (IATA).
• Japan leads with a visa-free access score of 14.4 United Nations Convention
193, granting such access to 193 countries. Against Corruption
• Top 5 Most Powerful Passports in the World:
o Singapore>Germany>Austria>Denmark> About UNCAC:
Belgium • UNCAC, adopted in 2003 and enforced in
2005, promotes anti-corruption measures.
14.2 Pennaiyar Tribunal • Signatories: 140 Parties: 189 (Including
Context: Passing of the Supreme Court-set India)
deadline for establishing an inter-state river • Key Features:
water disputes tribunal for the Pennaiyar River. o UNCAC is the sole universal, legally
About Pennaiyar River: binding anti-corruption tool.
• The Pennaiyar is an interstate east-flowing o UNCAC encompasses Preventive
river basin confined to the coastal area. Measures, Criminalization and
• Drainage Basin: Tamil Nadu, Karnataka, and Enforcement, International Cooperation,
Andhra Pradesh. Asset Recovery, and Technical Assistance
• Originates in the Nandi Hills of Karnataka and Information Exchange.
and flows into the Bay of Bengal.
• River Markandeya, in Karnataka, is one of its 14.5 Dotted Lands
tributaries.
Constitutional Provisions: Context: The Andhra Pradesh government is
• Entry 17 of State List deals with water, i.e., removing "dotted lands" from the prohibited
water supply, irrigation, canal, drainage, list, restoring full selling and pledging rights to
embankments, water storage, and water the farmers who own them.
power. About Dotted Lands:
• Entry 56 of Union List empowers the Union • "Dotted lands" are disputed lands without
Government to regulate and develop inter- clear ownership documents, often claimed by
state rivers and river valleys, as determined multiple individuals and the government's
by Parliament in the public interest. Revenue Department.
• Article 262 of the Constitution provides for • They originated during the British era in
the adjudication of inter-state water disputes India during land surveys.
through a parliamentary statute.
o The Parliament can legislate for the 14.6 CPGRAMS
resolution of inter-state river water
disputes and may exclude the jurisdiction About Centralised Public Grievance Redressal
of both the Supreme Court and other and Management System (CPGRAMS):
courts in such matters.

58
• It is an online platform available to the
citizens 24x7 to lodge their grievances to the
public authorities on any subject related to
service delivery.
• It is a single portal connected to all the
Ministries/Departments of the Government
of India and States.
• It is also accessible to the citizens through a
standalone mobile application.
14.7 RTI Act
More on News:
• Section 24 of the RTI Act 2005 lays down that
this law is not applicable to the intelligence
and security organisations specified in the
Second Schedule.
14.8 FCRA Violations
Context: Recently, the Ministry of Home Affairs
recommended an investigation into the alleged
violation of FCRA provisions by Oxfam India.
About FCRA:
59
• However, the only exception these
organisations have is for information on
allegations of corruption and human rights
violations.
• Recently, the Central Government added the
Computer Emergency Response Team
(CERT-In) to a list of organisations that are
exempt from the ambit of the Right to
Information Act (RTI), 2005.
About CERT-In:
• CERT-In is a functional organisation of the
Ministry of Electronics and Information
Technology that secures Indian cyber space.
• The law sought to regulate foreign donations
to individuals and associations so that they
functioned “in a manner consistent with the
values of a sovereign democratic republic.”
• Implemented by the Ministry of Home
Affairs.
Key highlights of the 2020 Amendment:
• It bars public servants from receiving foreign
contributions.
• It prohibits the transfer of foreign
contributions to any other person.
• The Aadhaar number is mandatory for all
office bearers, directors, or key functionaries
of a person receiving foreign contributions as
an identification document.
• Foreign contributions should oly be received
in a bank-designated FCRA account at specific
State Bank of India branches in New Delhi,
and no other funds should be deposited in
this account.
• While NGOs earlier could use up to 50
percent of funds for administrative use, the
new amendment restricted this use to 20
percent.
14.9 Adverse Possession
Context: The Law Commission's recent report
affirms that no changes are needed in the law
regarding adverse possession.
About Adverse Possession:
• Adverse Possession refers to the hostile
possession of the property where a person
can become the owner of the land through
14.11 Keralam
Context: Recently, The Kerala Assembly passed
a resolution urging the Centre to rename the state
as “Keralam”
About Renaming of State:
• It requires Parliamentary approval under
Articles 3 and 4 of the Constitution, and the
President has to refer the same to the relevant
state legislature for its views.
• The Ministry of Home Affairs gives its
consent after it receives No Objection
Certificates (NOCs) from several agencies
such as the Ministry of Railways, Intelligence
Bureau, etc.
60
open and continuous possession for a
specified period of time.
• The concept is based on the principle that
land should not remain vacant but rather be
used wisely.
• The Limitation Act of 1963 requires the
claimant of adverse possession to prove their
case, with 12 years on private land or 30 years
on government land potentially leading to
ownership.
14.10 Simultaneous Elections
Context: Recently, the government formed a
committee headed by former President Ram
Nath Kovind to explore the possibility of One
Nation One Election.
About Simultaneous election(SE)/One Nation
One Election:
• It refers to conducting simultaneous elections
for the Lok Sabha(LS) and state assemblies
(SA), thereby synchronizing the election
cycle and reducing the frequency of elections.
• It allows voters to cast their votes for both the
Member of Parliament and Member of
Legislative assemblies on the same day, either
simultaneously or in a phased manner.
• In India, general elections for the House of the
People and State Legislative Assemblies were
held simultaneously in 1951-52, 1957, 1962,
and 1967.
14.12 Official Language
Context: Recently, the Union Home Minister
chaired the 38th meeting of the Committee of
Parliament on Official Language.
About Official Language:
• Part XVII of the Constitution deals with the
official language in Articles 343 to 351.
• Article 343 specifies that the official language
of the Union shall be Hindi in Devanagari
script along with the international form of the
Indian numerals.
• But, notwithstanding this, English will
continue to be used for all official purposes of
the Union.
• Article 344: Article 344(1) provides for the
constitution of a commission by the President
on expiration of five years from the
commencement of the Constitution.
• Article 351: It provides for the spread of the
Hindi language to develop it so that it may
serve as a medium of expression for all the
elements of the composite culture of India.
Constitutional Bits:
• Article 29: Any section of the citizens shall
have the right to conserve its distinct
language, script or culture
• Article 30: All minorities shall have the right
to establish and administer educational
institutions of their choice.
About Eighth Schedule:
• The Eighth Schedule to the Constitution of
India lists the official languages of India.
o It consists of the following 22 languages:
Assamese, Bengali, Gujarati, Hindi,
Kannada, Kashmiri, Konkani, Malayalam,
Manipuri, Marathi, Nepali, Oriya, Punjabi,
Sanskrit, Sindhi, Tamil, Telugu, Urdu,
Bodo, Santhali, Maithili and Dogri.
o However, there are no established criteria
for a language to be deemed eligible for
incorporation into the Eighth Schedule.
• The 21st Amendment added Sindhi language
in 1967.
• Konkani, Manipuri, and Nepali were
included by the 71st Amendment Act of 1992.
• Bodo, Dogri, Maithili, and Santhali were
added by the 92nd Amendment Act of 2003
which came into force in 2004.
Committee of Parliament on Official Language:
• Set up in 1976 under Section 4 of the Official
Languages Act, 1963.
• Its mandate is to review the progress made in
the use of Hindi for official purposes and to
make recommendations to increase the use of
Hindi in official communications.
• It comprises 30 members of Parliament, 20
from Lok Sabha and 10 from Rajya Sabha,
headed by Home- Minister.
61
• Under the provisions of the 1963 Act, the
Committee submits its report to the President,
who “shall [then] cause the report to be laid
before each House of Parliament, and sent to
all the State Governments”.
Languages used in Courts:
• Article 348(1)(a) of the Constitution of India
states that all proceedings in the Supreme
Court and in every High Court shall be in
English language.
• Section 272 of the Code of Criminal
Procedure, 1973, states: “The State
Government may determine what shall be,
for purposes of this Code, the language of
each Court within the State other than the
High Court.”
• In the Code of Civil Procedure, 1908, sub-
section 1 of Section 137 (“Language of
subordinate courts”) states: “The language
which, on the commencement of this Code, is
the language of any Court subordinate to a
High Court shall continue to be the language
of such subordinate Court until the State
Government otherwise directs.”
• However, under Section 137(2), “The State
Government may declare what shall be the
language of any such court and in what
character applications to and proceedings in
such Courts shall be written.”
14.13 Dark Patterns
Context: Recently, the Advertising Standards
Council of India (ASCI) has issued guidelines for
"dark patterns".
About Dark Patterns:
• A dark pattern is a user interface designed to
deceive users into choices harmful to their
interests, like purchasing costlier products or
paying more than initially disclosed.
• The Consumer Protection Act of 2019 defines
misleading advertisements.
• Guidelines address four online advertising
techniques:
o Drip Pricing:Cost elements are
undisclosed initially, with the total price
revealed only at the end of the purchase
process.
 o False Urgency:A phenomenon where
companies falsely suggest product or
service quantities are scarcer than they
truly are.
o Distinguished Ads:Advertisements
mimicking editorial content, such as paid
reviews or influencer posts, must be clearly
disclosed as advertisements.
o Bait and Switch: Advertising one product
or service but delivering a lower quality
alternative.
About Advertising Standards Council of India
(ASCI):
• Founded in 1985 by advertising and media
professionals to ensure Indian ads are decent,
fair, and honest.
• A voluntary self-regulatory body with
members from India's marketing, creative,
media, and allied companies.
14.14 Right to Repair
Context: The government wants to replace the
‘use-and-throw’ design philosophy of products
with a ‘right to repair’ framework.
More on News:
• The framework attempts to enable the
consumers the option to repair their products
rather than discard them and buy new ones
with an aim to ensure the product can be
repaired at a reasonable cost via third-party
service providers (even during the warranty
period) rather than depending solely on
original equipment manufacturers (OEMs),
who are often costlier.
• The OEMs will have to mandatorily share
their product details with consumers and the
Government recently asked 112 companies in
four sectors viz. farming equipment, electronic
gadgets, consumer durables and automobiles
to ensure that consumers enjoy the right to
repair.
• In 2021, the European Union passed
legislation on mandatory right to repair
followed by the USA.
14.15 Copyright Law
Context: Recently, the Delhi High Court has
found “large-scale infringement” in the
reproduction of copyrighted works of the
Bhaktivedanta Book Trust.
62
About Copyright Law in India:
• The Copyright Act, 1957 safeguards "original
work," defined as a creative and
independently produced expression in a
tangible medium.
• It provides creators/authors exclusive rights
to "use, reproduce, distribute, perform, and
display" their work.
• Unlike patents, copyright protects
expressions, not ideas, and extends to
transformative works that modify, reinterpret,
or build upon existing material to create
something new.
Are religious texts protected under copyright
law in India?
• Religious texts, in general, are considered
part of the public domain thus, they are not
subject to copyright protection in India.
• However, modern translations of the Bible
represent new and creative works developed
by the translators and hence, they are covered
by copyright law in India.
• While the Ramayana and Mahabharata are not
protected by copyright, the television series
Ramayana created by Ramanand Sagar or B R
Chopra’s Mahabharata are “transformative
works” that are to be protected.
14.16 PRAGATI
Context: Recently, the Prime Minister chaired the
meeting of the 43rd edition of the PRAGATI
portal.
About PRAGATI (Pro-Active Governance And
Timely Implementation):
• It is the ICT-based multi-modal platform for
Pro-Active Governance and Timely
Implementation, involving Centre and State
governments with an objective to monitor and
review important programs and projects of
the Government of India and projects flagged
by State Governments.
• It uses three latest technologies: Digital data
management, video-conferencing and geo-
spatial technology.
• It is a three-tier system (PMO, Union
Government Secretaries, and Chief Secretaries
of the States) and the PMO team designed the
system in-house with the help of the National
Informatics Center (NIC).
14.17 Sports Governance
More on News:
• Subject under State: Sports is listed as Entry
33 of the State List, under Article 246 of the
Seventh Schedule of the Constitution of India.
• National Sports Development Code of India
2011 outlines the guidelines and regulations
governing the administration and
development of sports in the country.
• National Code for Good Governance in
Sports, 2017 is primarily related to "tenure
guidelines" for officials and voting rights" of
state bodies.
14.18 State DGPs
More on News:
• According to revised guidelines released by
the Union Public Service Commission
(UPSC), only Police officers with at least six
months of service left before retirement will
be given consideration for selection as a state's
director general of police(DGP).
• The guidelines allow officers with 25 years
experience to be appointed as a DGP, against
the earlier requirement of a minimum 30 years
of service.
14.19 Consumer Protection Act 2019
Context: Recently, the Central Consumer
Protection Authority (CCPA) recently probed
some IAS coaching institutes for making
misleading claims in their advertisements and
for unfair trade practices.
About Consumer Protection Act, 2019:
• The Consumer Protection Act, 2019 came into
force 2020 to empower consumers and help
63
them in protecting their rights through its
various notified Rules and provisions.
• Consumer Protection Councils protect the
rights of the consumers at both the national
and state levels.
• Central Consumer Protection Authority
regulates matters relating to violation of the
rights of consumers, unfair trade practices and
false or misleading advertisements.
• Consumer Disputes Redressal Commission
(CDRC) shall be established by the state
government along with District Commission
in each district of the state.
• Offences and Penalties for false and
misleading advertisements and for
manufacturing, selling, distributing products
containing adulterants.
Central Consumer Protection Authority
(CCPA):
• It is a regulatory body formed in 2020 under
the Consumer Protection Act, 2019 under the
Ministry of Consumer Affairs.
• Its composition includes the Chief
Commissioner as the head and two other
commissioners appointed by the Central
Government.
14.20 Kollam
About Kollam:
• People in Kollam above the age of 10 have
been educated on various aspects of the
Constitution, making it India’s first
constitution-literate district.
 Articles and Terms in News

Article 298
• It empowers the Centre and the state governments to carry on trade or business, acquire, hold, and
dispose of property, and make contracts for any purpose provided that:
o the said executive power of Union is not one with respect to which Parliament may make laws,
be subject to legislation by the State; and
o the said executive power of each State is not one with respect to which the State Legislature may
make laws, be subject to legislation by Parliament.

Article 299
• It states that all contracts made in the exercise of the executive power of the Union or of a State shall
be expressed to be made by the President or by the Governor of the State.

Article 348(1) (a)

• Unless legislated otherwise by Parliament, all proceedings in the Supreme Court and High Courts
must be in English..

Article 348 (2)

• The Governor of a state may, with the President's consent, can authorise the use of languages other
than English for official purposes in High Court proceedings, excluding final judgments, decrees,
or orders.

Article 98
• Each House of Parliament shall have a separate secretariat staff.
• Parliament may by law regulate the recruitment, and the conditions of service of persons
appointed, to the secretarial staff of either House of Parliament.
• Article 187 makes similar provisions for the secretariat of State Legislatures.

e-Governed State
• Recently, Kerala became the first full “e-governed state” in India.
• It signifies a state with fully digitized, transparent, and efficient government service delivery.
• Kerala Fibre Optic Network (KFON) Project has made internet access a citizen's right.
• e-Sevanam was launched as a single portal for 900 public services to taluk-level offices.

Doctrine of Reasonableness
• The 'reasonableness doctrine' is a legal concept employed to assess the legitimacy of administrative
decisions.

Digital Intermediary
• It operates in a digital space that allows users or customers to interact and transact digitally.
• They currently include internet service providers, cloud service providers, consumer-facing social
media platforms, etc. Example- Instagram and Twitter.

Data Concentration
• It means the concentration of significant quantities of data between a small number of firms, thus
creating barriers for new entrants.
• Recently, CCI alleged that Google has created a digital data hegemony and called for a market

64
 space with "free, fair and open competition".

Self-Preferencing
• A set of behaviours whereby intermediaries that sell goods or services from a number of providers
favour their own products over those of third parties.
• According to the European Commission, Google illegally favoured its own comparison shopping
service by displaying it more prominently in its search results than other comparison shopping
services.

Anti-Steering Provisions
• They are used to prevent business users from moving out of the platform and using other
alternatives, thereby stifling choice. Apple's anti-steering rules limit how developers can direct
users to in-app purchase payments outside Apple's App Store ecosystem.

Deepfakes
• Deepfakes are the manipulation of facial appearance through deep generative methods. It is
misinformation powered by Artificial Intelligence. It further amplifies the threat to the safety and
trust of our Digital Nagriks.

Middle-Technology Trap
• It is a scenario in which developing countries that had earlier benefited from outsourcing due to
their low cost advantage, face long term economic stagnation because the core technologies have
been retained by the developed nation.

65
Appendix 1

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