Polity PT 365 2024
Polity PT 365 2024
Polity PT 365 2024
AHMEDABAD BHOPAL CHANDIGARH GUWAHATI HYDERABAD JAIPUR JODHPUR LUCKNOW PRAYAGRAJ PUNE RANCHI SIKAR
POLITY AND GOVERNANCE
Table of Contents
1. ISSUES RELATED TO THE CONSTITUTION 4 4.1. Judicial appointment _______________ 31
4.1.1. All India Judicial Services (AIJS) ________ 32
1.1. Basic Structure Doctrine _____________ 4
1.1.1. Independence of District Judiciary: Basic 4.2. Legal Aid _________________________ 32
Structure _______________________________ 5
4.3. Mediation Act, 2023 ________________ 33
1.2. Abrogation of Article 370 ____________ 5 4.3.1. Lok Adalats ________________________ 35
1.3. National Capital Territory of Delhi 4.4. Model Prisons Act 2023 _____________ 35
(Amendment) Act, 2023 _________________ 6 4.5. Other Important News ______________ 37
1.4. Preventive Detention _______________ 7
5. ELECTIONS ________________________ 40
1.5. Personality Rights __________________ 9
5.1. Chief Election Commissioner and other
1.6. Hate Speech _______________________ 9 Election Commissioners Act, 2023 ________ 40
1.7. Places of Worship Act, 1991 _________ 11 5.2. Aspects of Election Process and Reform 41
1.8. Other Important News _____________ 12 5.3. Simultaneous Elections _____________ 42
2. FUNCTIONING OF PARLIAMENT, STATE 5.4. Criminalization of Politics____________ 42
LEGISLATURE/LOCAL GOVERNMENT ____ 14 5.5. Electoral Funding __________________ 43
2.1. No-confidence Motion _____________ 14 5.6. Other Important News ______________ 44
2.2. Parliamentary Privileges of Lawmakers 14 6. IMPORTANT LEGISLATIONS/BILLS _____ 47
2.2.1. Expulsion of Lawmakers _____________ 16
6.1. Nari Shakti Vandan [Constitution (106th
2.3. Anti-defection law_________________ 17
Amendment)] Act, 2023 ________________ 47
2.4. Ordinance making power of President and
6.2. Multi-State Co-operative Societies
Governor ____________________________ 18
(Amendment) Act, 2023 ________________ 47
2.5. Secretariat of the Parliament ________ 19
6.3. Cinematograph (Amendment) Act, 2023 48
2.6. Democratic Decentralisation in India __ 19 6.3.1. OTT Regulation in India ______________ 49
2.6.1. Finances of Panchayati Raj Institutions (PRIs)
6.4. Digital Personal Data Protection Act 202350
______________________________________ 20
6.4.1. Digital Services Act __________________ 52
2.6.2. Capacity Building of Urban Local Bodies (ULB)
______________________________________ 21 6.5. Criminal Law Reform Acts ___________ 52
6.5.1. Bharatiya Nyaya Sanhita 2023 _________ 52
2.7. Panchayats (Extension to the Scheduled
6.5.2. Bharatiya Nagarik Suraksha Sanhita 2023 53
Areas) Act, 1996 ______________________ 22 6.5.3. Bharatiya Sakshya Adhiniyam 2023 _____ 53
2.8. Other Important News _____________ 23 6.6. Registration of Birth and Death
3. CENTRE-STATE RELATIONS __________ 26 (Amendment) Act, 2023 ________________ 54
3.1. Role of Governor __________________ 26 6.7. Press and Registration of Periodicals Act,
2023 ________________________________ 55
3.2. Cooperative Federalism ____________ 27
6.8. Telecommunications Act 2023 ________ 55
3.3. Inter-State Border Disputes _________ 27 6.8.1. Internet Shutdowns _________________ 56
3.4. Inter-State Water Disputes __________ 29 6.9. Other Important News ______________ 57
4. JUDICIARY _______________________ 31
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7. IMPORTANT 8.2. Right to Information (RTI) ___________ 65
CONSTITUTIONAL/STATUTORY/ EXECUTIVE 8.3. Aadhaar__________________________ 67
BODIES IN NEWS ____________________ 59
8.4. Regulation of Online Gaming _________ 68
7.1. Lokpal __________________________ 59
8.5. Consumer Protection in India ________ 69
7.2. Delimitation Commission ___________ 60
8.6. Guidelines for Celebrities, Influencers, and
7.3. Directorate of Enforcement _________ 60 Virtual Influencer ______________________ 70
7.4. Central Bureau of Investigation (CBI) __ 60 8.7. Scheduled Tribes and Other Traditional
7.5. National Cadet Corps (NCC) _________ 61 Forest Dwellers (Recognition of Forest Rights)
Act, 2006 ____________________________ 70
7.6. Other Important News _____________ 63
8.8. Other Important News ______________ 71
8. IMPORTANT ASPECTS OF GOVERNANCE 65
8.1. Mission Karmayogi ________________ 65
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VAHAN platform- Ministry of
Road Transport and Highways
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• There is no mention of the term “Basic Structure” anywhere in the Constitution of India.
• Significance of the doctrine
o Check on the power of the Parliament to amend the Constitution.
o Ensures that the Constitution remains a living document that is responsive to changing times while
preserving its fundamental values and principles.
o Laid down several principles that have become the bedrock of constitutional law in India such as
the rule of law, separation of powers, and the independence of the judiciary.
o Ensures that the federal structure of the Constitution is not undermined.
o Shapes the judiciary's approach to constitutional interpretation.
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• The court held that a UT can be carved out of a State.
o Parliament may by law "form a new State by separation of territory from any State or by uniting two
or more States or parts of States or by uniting any territory to a part of any State".
o According to Explanation 1 to Article 3, the word "State", as used in Article 3(a), includes a Union
territory.
• Relying on the judgment in S R Bommai’s case, SC held that ‘actions of President during a State
emergency were open to judicial scrutiny’.
Article 370: A Historical Context
• Instrument of Accession (IoA): In October 1947, Maharaja Hari Singh, the last ruler of J&K signed the IoA
through which he agreed to accede his state to the Dominion of India.
• Temporary provisions for J&K: Under the Constitution, Article 370 was placed in Part XXI, titled
“Temporary and Transitional provisions”.
• Article 370: Except for defence, foreign affairs, finance and communications, Parliament needed the state
government’s concurrence for applying all other laws.
• Article 35A of the Indian Constitution: It stemmed out of Article 370 and gave powers to the J&K Assembly
to define permanent residents of the state, their special rights, and privileges.
Article 3
• It provides that Parliament may by law form new states and alter of areas, boundaries or names of
existing States.
• First Proviso to the article states that bill for above law,
o Shall be introduced in either House of Parliament on the recommendation of the President.
o If the bill affects the area, boundaries or name of any State, the President must refer the bill to
that State Legislature for its views.
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• Disposal of matters by Ministers: Certain matters must be submitted to the LG by the ministers of the Delhi
Government, through the Chief Minister and the Chief Secretary, for his/her opinion prior to the issue of any
order. These include proposals affecting:
o The peace and tranquillity of Delhi,
o Relations between the Delhi government and the central government, Supreme Court, or other state
governments,
o Summoning, prorogation, and dissolution of the Legislative Assembly, and
o Matters on which LG is to give an order in his sole discretion.
The governance model of
Delhi NCT
• Classification as a Union
Territory (UT): Under the
States’ Reorganization Act
of 1956, Delhi was
classified as a UT,
governed under Article 239
of the Constitution.
o It states that UTs are
directly governed by
the President, or an
administrator
appointed by the
President.
• Special Status: Following
the recommendations of
the S. Balakrishnan
Committee, the 69th Constitutional Amendment Act of 1991 conferred special status on Delhi and
designated it as the National Capital Territory of Delhi (NCTD).
o It added Article 239AA to the Constitution and made Delhi a UT with a legislature and a council of
ministers.
o The Lieutenant Governor (LG) is designated as the administrator of Delhi, operating with the aid and
advice of the council of ministers of Delhi.
• Powers of Delhi Legislature: The Delhi Legislative Assembly has the power to legislate over subjects in
the State List and Concurrent List, except for police, public order, and land.
o Also, Parliament can legislate over all matters in the State and Concurrent Lists related to Delhi.
• GNCTD Act: The Government of National Capital Territory of Delhi (GNCTD) Act, 1991 lays down the
framework for the functioning of the Delhi Assembly and the Delhi government.
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1.5. PERSONALITY RIGHTS
Why in the News?
Recently, Delhi High Court granted protection to a famous Bollywood actor’s personality rights from misuse by
third parties.
About Personality Rights
• Personality rights refer to the right of a person to protect his/her personality under the right to privacy or
property.
o It includes name, voice, signature, images or any other feature easily identified as markers of
personality.
Personality Rights in India
• Personality rights or their protection are not expressly mentioned in any statute in India but are traced to
fall under the right to privacy and the right to property.
• Two Components of Personality Rights
o Right to publicity: Right to keep one’s image and likeness from being commercially exploited without
permission.
✓ It is governed by statutes like the Trade Marks Act, of 1999 and the Copyright Act, of 1957.
o Right to privacy: Right to not have one’s personality represented publicly without permission.
✓ It is broadly governed under Article 21 of the Constitution and the Supreme Court judgment in
Justice K.S. Puttaswamy (Retd.) Case (2018).
Posthumous Personality Rights
• Emblems and Names (Prevention of Improper Use) Act, 1950: Protects unauthorized use of a few
dignitaries’ names and symbols listed in its schedule.
• IPC: If negative reference or derogatory representation is made to any deceased person's reputation or their
family, a defamation suit can be filed under the Indian Penal Code.
Personality rights under international convention
• There is no explicit international convention or treaty on protection of the publicity rights to date.
• However, certain publicity rights can be derived from the following international conventions:
o Rome Convention (1961): It protects performers’ rights, phonogram producers’ rights and broadcasting
rights.
o TRIPS Agreement (1994): It secures certain rights of the phonogram producers, live performers and
broadcast rights.
o WIPO Performances and Phonograms Treaty (WPPT): It protects the rights of performers and
phonogram producers, particularly in digital environment. December 20, 1996.
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1.6. HATE SPEECH
Why in the news?
Recently, the Supreme Court stressed the need for stakeholders to find a long-term solution to the problem of
hate speech.
About Hate Speech
• Hate speech has not been defined in any law in India.
o However, hate speech generally refers to incitement to hatred primarily against a group of persons.
• Hate speech can be conveyed through any form of expression, including images, cartoons, memes, objects,
gestures and symbols and it can be disseminated offline or online.
Regulation of Hate Speech in India
• Constitutional provision: Hate speech can be curtailed under Article 19(2) on the grounds of public order,
incitement to offence and security of the State.
• Bharatiya Nyaya Sanhita, 2023:
o Section 196 (1) penalises promoting enmity between different groups on grounds of religion, race,
place of birth, residence, language, etc.
o Section 299 defines punishment for deliberate and malicious acts intended to outrage the religious
feelings of any class.
o Section 353 (1) and (2) penalise the publication or circulation of any statement, rumour or report
causing public mischief and enmity, hatred or ill-will between classes.
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• Representation of People Act, 1951:
o Section 8 disqualifies a person from contesting an election if he is convicted for indulging in acts
amounting to illegitimate use of freedom of speech and expression.
o Section 123(3A) and section 125 prohibit the promotion of enmity on the grounds of religion, race,
caste, community or
language in connection
with election as a
corrupt electoral
practice.
• Protection of Civil Rights
Act, 1955:
o Section 7 penalises
incitement to and
encouragement of
untouchability through
words, either spoken or
written or by signs,
visible representations,
or otherwise.
• Religious Institutions
(Prevention of Misuse) Act,
1988:
o Section 3(g) prohibits
religious institutions or their managers from using religious premises to promote disharmony or
hatred among various religious groups.
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1.8. OTHER IMPORTANT NEWS
8th • Odisha Cabinet has proposed for the
Schedule of inclusion of Kui language in the 8th
Constitution Schedule.
• Schedule 8 of Indian Constitution:
o It enlists the Official language of
the Country and consists of 22
languages currently.
o 14 languages were originally listed
in the Constitution and the rest were
added over time.
o Sindhi was introduced by the 21st
Amendment Act of 1967, Konkani,
Manipuri, and Nepali by the 71st
Amendment Act of 1992, and
Santali, Dogri, Maithili, and Bodo
by the 92nd Amendment Act of 2003.
9th • It was added to Constitution by 1st Constitutional Amendment (1951) under Article
schedule of 31B.
the • Central and state laws included in 9th schedule cannot be challenged in courts for
Constitution violation of Fundamental Rights.
• However, Supreme Court in I R Coelho v State of Tamil Nadu (2007), ruled that any law
added to 9th Schedule after April 24, 1973, violating fundamental rights can be
challenged if:
o It undermines the basic structure, as outlined in Article 21 along with Articles 14
and 19.
Right to • Supreme Court said that all accused have a right to silence, and investigators cannot
Silence force them to speak up or admit guilt.
• Right to silence emanates from Article 20(3), which states that no one can be
compelled to be a witness against himself.
o Protection is limited only to criminal proceedings.
o Right is not available to a person being interrogated under Customs Act, 1962, or
Foreign Exchange Management Act, 1999, since the person is not “accused of an
offence” and isn’t entitled to a lawyer.
o In Nandini Satpathy v. P.L. Dani case, SC stated that compelling a person to answer
a question within the limits of the police station may result in a violation of Article
20(3).
Reservation • Punjab and Haryana High Court quashed Haryana State Employment of Local
for locals in Candidates Act, 2020.
private o Act provided 75% reservation to locals in private sector jobs (having monthly salary
sector of less than Rs. 30,000).
• HC declared it unconstitutional and violative of Part III (Fundamental rights) of the
Constitution of India.
o It also said that Act violates Constitutional Morality.
✓ Constitutional Morality refers to adherence to the fundamental principles of
the constitution.
o It said State cannot discriminate against the individuals on account of the fact that
they do not belong to a certain State (negative discrimination).
• Other States like Andhra Pradesh (2019) have also enacted similar acts.
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Hispanic- relating to Spain or to Spanish-speaking countries, especially those of Central and South
America.
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2. FUNCTIONING OF PARLIAMENT, STATE
LEGISLATURE/LOCAL GOVERNMENT
2.1. NO-CONFIDENCE MOTION
Why in the news?
Union government faced a no-confidence motion in the Monsoon session of the parliament.
About No Confidence motion
• No-confidence motion: A legislative resolution introduced in the Lok Sabha that allows the Opposition
to challenge the government's majority.
o If a No-confidence motion is passed, the Government of the day will have to resign.
o The motion of No-Confidence can only be moved in Lok Sabha.
• Constitutional articles/rules of business in Lok Sabha
o Article 75(3): The Council of Ministers are collectively responsible to the Lok Sabha.
✓ Similarly, at state level Article 164 (2) provides that Council of Ministers shall be collectively
responsible to the State Legislative Assembly.
o Rule 198 of Rules of Procedure and Conduct of Business in Lok Sabha provides a provision regarding
the motion of No Confidence.
• Grounds: A Motion of No-confidence need not set out any grounds on which it is based.
• Speeches: Unless leave is granted by the House to move the motion, no speech is permitted in support
of the motion.
• Repeat Motion: After a No-confidence Motion has been discussed and negated by the House, another No-
confidence Motion cannot be moved in the same Session.
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o It upheld legal immunity granted to legislators against criminal prosecution on bribery charges for
any speech or vote in Parliament as per Articles 105(2) and 194(2) of the Constitution.
About Parliamentary Privileges
• It refers to legal immunity, wherein legislators are granted protection against civil or criminal liability
for certain actions or statements made in the course of their legislative duties.
o If an individual or authority undermines a parliamentary privilege of a member or the House, it is
called a ‘Breach of privilege’.
• Parliament, till now, has not made any special law to exhaustively codify all the privileges.
• Parliament is the sole authority to ascertain if there has been a breach or contempt of the House— no
court is entrusted with this power.
o A member of the House can raise a question involving a breach of privilege with the consent of the
Chairman or Speaker.
Privileges are based on five sources.
• Constitutional provisions
o Article 105: Powers and privileges of both
Houses of Parliament and its members
and committees.
o Article 194: Powers, privileges and
immunities of State legislatures and
their members and committees.
o Article 105(2): No person shall be liable in
respect of the publication of any report,
paper, votes or proceedings by or under
the authority of either House of
Parliament.
✓ A similar provision exists for Members
of the Legislature of a State under
Article 194(2).
o Freedom of Speech in Parliament: Article
105(2) states that “No member is liable to
any proceedings in any court for anything
said or any vote given by him in Parliament
or its committees”.
✓ This freedom is subject to the
provisions of the Constitution (E.g.
Article 121 restricts members from
discussing judges’ conduct) and to the rules and procedures of the parliament, under Article 118.
o Article 122: Restricts the courts from inquiring into the validity of any proceeding of Parliament on the
grounds of alleged irregularity of procedure. Privilege Committee
• Laws made by Parliament. • It is a parliamentary standing committee
o Freedom from Arrest: Code of Civil present in both Houses of Parliament.
Procedure, 1908 provides legislators freedom o Consists of 15 members in Lok
from arrest in any civil case 40 days before Sabha (10 in case of Rajya
and after the adjournment of the house and Sabha) nominated by the
also during the session of the house. Speaker (Chairman in case of Rajya
✓ However, an MP doesn’t enjoy any such Sabha).
immunity in a criminal case.
• Key Function: Investigate questions
• Rules of both the Houses involving the breach of privileges of House or
o Privileges based on Rules of Procedure and members, as referred to it by presiding officer
precedents: Parliament reserves the right to of Houses.
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receive immediate information of the arrest, detention, conviction, imprisonment, and release of a
member on a criminal charge or for a criminal offence.
o Right to Exclude Strangers: House has the power and right to exclude strangers from the
proceedings. This right is essential for securing free and fair discussion in the house.
• Other Sources: Parliamentary conventions and judicial interpretations.
Contempt of the House
• Contempt of the House is different from Breach of privilege.
• It is an act or omission which obstructs or has the tendency to obstruct either House of Parliament
or its members/officials, in the performance of their functions.
• Parliament is the sole authority to ascertain if there has been a breach or contempt of the House—
no court is entrusted with this power.
o House can commit an offender to custody or prison for contempt for the period limited to the
duration of the House session.
o In case if an MP is found guilty, he can be suspended from the House or face expulsion.
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• Article 122 of the Indian Constitution says parliamentary proceedings (including those related to
expulsion) can’t be questioned by the judiciary, although the courts have intervened in some cases.
o In the Raja Rampal case (2007), the Court upheld the expulsion of Raja Ram Pal but noted that
proceedings tainted by substantial illegality are open to judicial scrutiny.
• Expulsion and disqualification are not the same. The Constitution provides for both expulsion and
disqualification. Under disqualification member of the parliament cannot contest the elections further while
under expulsion he/she can.
• Disqualification of a lawmaker
o RPA, 1951: Under Section 8(4), a lawmaker is disqualified for the period of imprisonment and a further
six years if sentenced for two years or more in prison.
o Tenth Schedule of the Constitution: Provides for the disqualification on grounds of defection.
o Articles 102 (1) and 191 (1): For disqualification of a MP and a MLA respectively, on grounds of holding
an office of profit, being of unsound mind or insolvent or not having valid citizenship.
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About Whip
• Rule 2, of the anti-defection law puts the party members into a bracket of obedience to the party whip
and policies.
• In Parliament parlance, a whip may refer to:
o a written order for party members to follow a certain direction, and
o a designated official of the party who is authorised to issue such a direction.
• The term originates from the British practice of "whipping in" lawmakers to follow the party line.
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2.5. SECRETARIAT OF THE PARLIAMENT
Why in the News?
As the Parliament completes 75 years, the Parliament secretariat has been the custodian of procedure,
precedent and legislative knowledge of the two Houses.
Constitutional provisions
• Article 98: Each House of Parliament shall have a separate secretarial staff.
o Parliament may by law regulate the
recruitment, and the conditions of
service of persons appointed, to the
secretarial staff of either House.
✓ However, so far, no such law has
been passed.
o It also allows the creation of posts
common to both the Houses of
Parliament.
• Article 187 makes similar provisions for
the Secretariat of State Legislatures.
• 'Council of States Secretariat' and
'Parliament Secretariat' (for House of
the People) were set up when both
houses came into existence in 1952.
o Their names were changed in 1954
to Rajya Sabha Secretariat and Lok
Sabha Secretariat respectively.
• The Secretariat of both houses has been divided into 10 services on a functional basis like Legislative,
Executive, Administrative, verbatim reporting services, etc.
• Speaker and Chairman can create new posts in respective secretariat. However, for posts in Class I or
Class II, prior consultation with the Union Ministry of Finance is mandatory.
• Secretary-Generals of both houses hold ranks equivalent to that of the Cabinet Secretary.
o However, in the table of precedence, the Cabinet Secretary is placed at the 11th position, whereas the
Secretary, Lok Sabha/ Rajya Sabha are placed at the 23rd position.
Structure of the Secretariats
Lok Sabha Secretariat Rajya Sabha Secretariat
• Speaker (Lok Sabha): Vested with ultimate • Chairman (Rajya Sabha): Vested with
guidance and control over the secretariat. administrative control over the secretariat.
• Administrative Head: Secretary General. • Administrative Head: Secretary General.
• Recruitment and Conditions of Service: • Recruitment and Conditions of Service: Governed
Governed by the Lok Sabha Secretariat by the Rajya Sabha Secretariat (Recruitment and
(Recruitment and Conditions of Service) Conditions of Service) Rules, 1957 promulgated by
Rules, 1955 promulgated by the President in the President in consultation with Chairman (similar
consultation with Speaker. to Lok Sabha).
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Democratic Decentralisation in India
• It refers to the devolution of power, resources and decision-making authority from the central
government to local governments, such as panchayats and municipalities.
• The 73rd and 74th Constitutional Amendment Acts of 1992 that came into force in 1993 introduced
democratic decentralization in India.
73rd Constitutional Amendment Act, 1992 74th Constitutional Amendment Act, 1992
• Panchayati Raj Institution was constitutionalized • Urban local governments were
through the Act. constitutionalized.
• This act has added a new Part-IX to the Constitution of • It added Part IX -A and consists of
India and consists of provisions from Articles 243 to provisions from Articles 243-P to 243-
243O. ZG.
• It added a new 11th Schedule to the Constitution that • It also added the 12th Schedule to the
contains 29 functional items of the panchayats Constitution that contains 18 functional
items of Municipalities.
Steps taken to strengthen PRIs in India
• Rashtriya Gram Swaraj Abhiyan (RGSA): For developing and strengthening the capacities of PRIs.
• e-GramSwaraj: A user-friendly web-based portal that unifies the planning, accounting, and monitoring
functions of Gram Panchayats.
• People’s Plan Campaign (PPC)-Sabki Yojana
Sabka Vikas: To draw up Gram Panchayat
Development Plans (GPDPs).
• Backward Regions Grants Fund (BRGF):
Untied funds are given for meeting critical
gaps in local infrastructure and
development, in some identified backward
districts.
• National Institute of Rural Development and
Panchayati Raj: An autonomous
organisation under the Ministry of Rural
Development for capacity building of rural
development functionaries, local elected representatives, bankers, NGOs etc.
• National Panchayat Awards: Under this, best performing Panchayats are awarded based on various
criteria and indicators.
• SWAMITVA Scheme: Provides the ‘record of rights’ to village household owners and issuance of
property cards to the property owners.
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Sources of Finance for PRIs
Internal/Own • Tax Revenue from Property tax on lands (other than Agriculture Land) or buildings
sources of or both; Taxes on Duties and Commodities; Service tax; Taxes on Profession Trades
revenue etc.
• Non tax revenue from market fees on persons exporting goods for sale in
Panchayat area; Fees on Registration of Cattle sold within the Panchayat area etc.
Transfer of Funds • Tied Grants: Earmarked for specific purposes or sectors, like sanitation,
from Central education etc.
Finance • Untied Grants (General purpose grants): These are provided without specific
Commission conditions or restrictions and can be utilised for local needs and priorities.
(CFC) and State • Performance-based Grants: Additional funds granted to PRIs based on
Finance recommendations of CFCs and specific performance criteria.
Commission • Special Category Grants: These grants are additional financial support designed
(SFC) to address unique challenges or particular needs of PRIs in specific regions or
contexts.
Other Sources • Transfer from Central Government and State Government under different
schemes like MGNREGA, PMAY (Rural), Sansad Adarsh Gram Yojana etc.
• Grants from internationals bodies like World Bank, etc.
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o The Act provided for the establishment of three types of ULBs:
✓ Nagar panchayats for a ‘transitional area’
✓ Municipal councils for a ‘smaller urban area’ and
✓ Municipal corporations for a ‘larger urban area’.
Measures taken for capacity building of ULBs.
• National Urban Digital Mission: Launched in 2021 by MoHUA, it focuses on citizen-centric digital
revolution in ULBs in India. It aims to create a shared digital infrastructure working across three pillars
of ‘People, Processes and Platform’ to provide a framework for digital governance in the country.
o National Institute of Urban Affairs (NIUA) has been appointed to anchor this mission.
o Established in 1976, NIUA is a premier institute for research, training and information
dissemination in urban development and management.
• Municipal Bonds: These are financial instruments that municipal corporations and other associated
bodies in India issue to raise funds.
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Role and • GS has roles and responsibilities in approving all development works in village,
responsibility of identify beneficiaries, issue certificates of utilization of funds; powers to control
Gram sabha institutions and functionaries in all social sectors and local plans.
• Every GS to safeguard and preserve traditions and customs of people, their
cultural identity, community resources and the customary mode of dispute
resolution.
Reservation • Every panchayat to have reservation of seats in proportion to community
population (minimum of 50 percent) with Chairperson of Panchayats at all levels
to be reserved for STs.
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o However, the provision does not prevent the summoning of Parliament more
often and these extra sessions are referred to as special sessions.
• The Cabinet Committee on Parliamentary Affairs determines the date and duration
of parliamentary sessions.
o The president then summons MPs for the session.
Immunity for • Supreme Court (SC) held that government cannot claim immunity from application
President of law to a contract merely because one of the parties to it is the President.
• SC said Article 299 (contracts made by Union or State in name of President or
Governor) does not give the government power to break the statutory law.
• Article 361 of the Indian Constitution grants immunity or protection to the President
and the governor of the country.
o President and the governor are immune from court scrutiny for their actions and
duties in office.
o Conduct of the President can be reviewed only if either House of Parliament
designates court or tribunal or any other body to investigate the charges under
Article 61.
Rule 176 and • According to the Rules of Procedure and Conduct of Business in the Council of
Rule 267 States
o Rule 176 allows for a short-duration discussion, not exceeding two-and-a-half
hours, on a particular issue.
o Under Rule 267, a Rajya Sabha MP has the special power to suspend the pre-
decided agenda of the House, with the approval of the Chairman.
Adjournment • Moved in the Lok Sabha for discussing a definite matter of urgent public importance,
motion with the Speaker’s consent.
• It needs the support of 50 members to be admitted.
• It involves an element of censure against the government and hence Rajya Sabha is
not permitted to make use of this device.
• Discussion on an adjournment motion should last for not less than two hours and
thirty minutes.
Subordinate • Committee on Subordinate legislations of Rajya Sabha released ’Delay in framing of
legislation or rules under various acts by the ministries’ report.
Delegated • Subordinate legislation is the legislation made by an authority subordinate to
Legislation legislature.
o Most enactments delegate the powers for making rules, regulations, byelaws etc.
to subordinate authorities like the executive.
• Need for Subordinate legislation.
o Legislatures have limitations of time; thus subordinate legislation is practical
necessity.
o Enables experts and technocrats to provide details within the framework of law.
• Committee on Subordinate Legislation, Rajya Sabha
o Constituted under Rule 204 of Rules of Procedure and Conduct of Business in
Council of States.
o Mandate: Scrutinize and report to the House whether the powers of subordinate
legislation delegated by Parliament have been properly exercised.
Parliament’s • Recently Parliament’s security was breached where accused entered Lok Sabha on
security visitors' pass and released colour gas canisters emitting yellow smoke.
breach • Restricted Access to Parliament:
o Rules of Procedure and Conduct of Business in Lok Sabha deals with
“admission, withdrawal and removal of strangers.
✓ It specifies that Speaker, whenever thinks fit, may order the withdrawal of
strangers from any part of the House.
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o Visitors to Parliament need security clearance from parliamentarians.
Sarpanch Pati • Standing Committee on Rural Development and Panchayati Raj recommended Training
and capacity building to curb prevalent concepts like Sarpanch Pati or Pradhan Pati.
o It refers to practice of husbands act as proxy for elected women, and wield the
actual political decision-making powers.
• Women reservation in Panchayati Raj Institutions (PRIs)
o 73rd Constitutional Amendment act of 1992: 1/3rd of seats of PRIs and 1/3rd
offices of Chairperson at all levels of PRIs (covered by Part IX) are reserved for
women. (Article 243 D)
o Many states like Bihar, Kerala, Maharashtra, Orissa, Rajasthan etc. have made
legal provision for 50% reservation for women among members and
Sarpanches.
o As per Women and Men in India 2022 report, of the over 31. 8 lakh ERs, nearly 46%
(over 14. 5 lakh) were women.
Quota to • Haryana Cabinet has accepted the State Backward Classes Commission’s report on
Backward proportion of reservation for Backward Classes Block-A category in ULB.
Classes (A) in • Article 243 T (6): There will be no bar on State Legislatures from making provisions for
Urban Local reservation of seats in any municipality or office of Chairperson in municipalities in
Bodies (ULBs) favor of a backward class of citizens.
• Triple test/conditions for reservation to OBCs in local bodies (K. Krishnamurthy v.
Union of India, 2010),
o Set up a dedicated commission to conduct a rigorous empirical inquiry into nature
and implications of backwardness in local bodies.
o Specify the proportion of reservation required in local bodies in light of
commission’s proposals.
o Ensure reservation for SCs/STs/OBCs taken together does not exceed an
aggregate of 50 percent of total seats
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3. CENTRE-STATE RELATIONS
3.1. ROLE OF GOVERNOR
Why in the News?
Recently, Kerala, Tamil Nadu and Punjab moved the Supreme Court against their respective Governors over the
pending bills.
Constitutional Provisions regarding bills before Governor
• Article 200: Assent of the Governor is necessary for a bill to become a law. In this regard, the Governor has
been given some options (refer table).
Governor’s Options Status of Bill
Give assent to the bill • Bill becomes a law
Withhold the assent • Bill fails to become a law
Return the bill for • If the State Legislature passes the bill in its original shape or in a modified
reconsideration of the form, the Governor has to give the assent to re-enacted bill.
legislature • The Constitution does not lay down any time limit within which the Governor
is required to return the bill for reconsideration. It only insist on ‘as soon as
possible’.
Reserve the bill for the • Any Bill which in the opinion of the Governor would, if it became law, so
consideration of the derogate from the powers of the High Court as to endanger the position
President which that Court is by this Constitution designed to fill.
• Reserving bill for
President
(Article 201):
President can
either give
his/her assent or
withhold the
assent.
o President
may direct
the Governor
to return the
bill to state
legislature
with his/her
message.
Such bill, if
re-enacted by
the state
legislature
with or
without
amendment,
is presented
again to the
President.
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3.2. COOPERATIVE FEDERALISM
Why in the news?
Prime Minister recently underlined the importance of cooperative federalism in India.
About Cooperative Federalism
• Cooperative federalism is the horizontal relationship between union and states and shows neither is
above the other.
• It envisages that national and state agencies undertake government functions jointly rather than exclusively.
Constitutional Provisions to Promote Cooperative Federalism in India
• 7th schedule which demarcates central, state, and concurrent lists based on the principle of subsidiarity.
• All India Services under Article 312
• Integrated judicial system to enforce both states as well as central laws.
• Inter-State Council under Article 263 to discuss and investigate the subject of common interest between
the centre and the states.
• Article 261 provides that full faith and credit shall be given throughout the territory of India to all the public
acts, records, and judicial proceedings of the Union and every State.
• Zonal councils were established as statutory bodies under the State Reorganization Act of 1956 to ensure
coordination.
• Article 280: Finance Commission for recommending the distribution of financial resources between the
Union and the States.
• Article 279A: GST Council (involving members from Union and states), responsible for deciding the rates
of the GST and the modalities of its implementation.
Steps Taken to foster Cooperative federalism in India
• The share of states in central tax revenue has been increased from 32% to 42% after the
recommendation of the 14th Finance Commission.
• Restructuring of centrally sponsored schemes.
• Financial sector bailout programme under Ujwal DISCOM Assurance Yojana (UDAY) scheme.
• National Institution for Transforming India Aayog (NITI) Aayog acts as a platform to promote cooperative
federalism. Various steps taken by NITI Aayog are:
o Subgroups of Chief Ministers on subjects of national importance.
o Launching of the Aspirational Districts Programme for the development of backward districts.
o Framing model laws for land leasing and agriculture marketing reforms
o Area-specific interventions for the North-Eastern and Himalayan States and island development.
o Sustainable Action for Transforming Human Capital (SATH) programme to initiate transformation in
the education and health sectors in states.
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o Between two or more States.
• Inter-state Council: Article 263 gives powers to the President to set up an Inter-state Council for the
resolution of disputes between states. It has the duty of:
o Inquiring into and advising upon disputes which may have arisen between States;
o Investigating and discussing subjects in which some or all the States, or the Union have a common
interest; or
o Making recommendations on such subjects along with recommendations for the better coordination
of policy and action to that subject.
• Zonal Councils: They are established by the States Reorganisation Act of 1956 and have an advisory role
to promoting cooperation and coordination between states, union territories and the Centre.
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Zonal Councils
• Chairperson: Union Home Minister.
• 5 Zonal councils viz:
o Northern: Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Delhi, Chandigarh,
Ladakh
o Central: Chhattisgarh, Uttarakhand, Uttar Pradesh, Madhya Pradesh
o Eastern: Bihar, Jharkhand, Orissa, West Bengal
o Western: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli and Daman & Diu.
o Southern: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana A&N, Lakshadweep and
Puducherry.
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4. JUDICIARY
4.1. JUDICIAL APPOINTMENT
Why in the News?
Supreme Court while hearing a contempt case against inordinate delay by the Centre in judges’ appointment,
said that appointment proposals can’t remain in limbo and the government must either notify those
appointments or send them back citing specific objections.
Appointment of judges in higher judiciary
• Judges are appointed through a Collegium (Articles 124 (2) and 217 governs the appointment of Judges in
SC and HC respectively)
• It has evolved through judgments of the Supreme Court (referred to as 3 Judges Cases and pronounced in
1981, 1993, and 1998).
o Supreme Court Collegium includes CJI and four other senior-most judges of the court at that time.
o Collegium for the appointment of Judges to the High Court is led by the CJI and two other senior-most
judges of the Supreme Court.
✓ Initiation of a proposal for appointment of Judges of the concerned High Court vests with the High
Court Collegium (HCC) who sent the views to the Supreme Court Collegium.
✓ HCC consists of the chief justice of the high court and two senior-most judges.
Role of government in appointment of judges
• Under Memorandum of Procedure, Government can get an inquiry conducted by Intelligence Bureau for
candidates recommended.
• Government can also raise objections and seek clarifications regarding collegium’s choice.
o However, if the collegium reiterates same names, government is bound, to appoint them as judges.
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4.1.1. ALL INDIA JUDICIAL SERVICES (AIJS)
Why in the news?
Recently during the Constitution Day (26th November) celebration, the President of India called for an All India
Judicial Services (AIJS) to recruit judges.
About All India Judicial Service (AIJS)
AIJS is a reform that seeks to centralize the recruitment of judges at the level of additional district judges
and district judges for all states.
• Genesis of AIJS: The idea for AIJS was first proposed by the 14th Report of the Law Commission of India
on judicial reforms in 1958.
• Constitutionality: The provision of AIJS was included in Article 312 of the Constitution through the 42nd
Amendment in 1976. But it still requires a bill to decide on its broad contours.
Present status of recruitment of judges in lower judiciary
• Articles 233 and 234 of the Constitution of India deal with the appointment of district judges (along
with lower judiciary) and place it in the domain of the states.
• All judges of the lower judiciary up to the level of district judges are selected through the Provincial
Civil Services (Judicial) exam in most of the states.
• The selection process is conducted by the State Public Service Commissions and the concerned
High Court, as High Courts exercise jurisdiction over the subordinate judiciary in the state.
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The President of India recently granted assent to the passed Mediation Act 2023 seeking to promote mediation
as a preferred mode of Alternative dispute resolution (ADR) in India.
About Alternative dispute resolution (ADR)
• It refers to the different ways people can resolve disputes without a trial (refer infographics).
• Other steps to promote ADR in India
o Arbitration and Conciliation Act, 1996 and Arbitration and Conciliation (Amendment) Act, 2019 for
the establishment of the Arbitration Council of India.
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o Legal Services Authorities Act, 1987
o New Delhi International Arbitration Centre (NDIAC) Act, 2019 for the establishment of NDIAC for
facilitating institutional arbitration.
o Commercial Courts Act, 2015 provides for such Commercial Courts to adjudicate commercial
disputes.
• Singapore Convention on Mediation is a uniform and efficient framework for international settlement
agreements resulting from mediation.
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1. In 1835, Lord Macaulay recommended that a committee be appointed to suggest
measures to improve discipline in prisons.
Consequently, on 2nd January 1836, a Prison Discipline Committee was
o Vocational training and skill development. constituted by Lord William Bantick under the Chairmanship of H Shakespeare.
• For better safety and security Lord Macaulay was one of the members.
The committee submitted their report in 1838 to Lord Auckland
o Separate accommodation for women and transgender inmates.
o Use of technology in prison
administration; Establishing high-
security jails.
• Other measures
o Provisions for and open, semi-open jails
have also been inserted.
o Measures for prisoners to video
conference with courts have also been
introduced.
• Along with the Prisons Act, 1894, the
Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950’ have also been reviewed, and their relevant
provisions have been assimilated into the Model Act.
About Prisons Act 1894
• It was the first legislation that governed the management and administration of prisons in India.
• It is based on recommendations of the “Prison Discipline Committee” appointed by Lord
Macaulay (1936).
• It defined a “prison” as “any jail or place used permanently or temporarily for the detention of prisoners”,
excluding police custody and subsidiary jails.
• It also laid down provisions for the prisoners’ employment, health, and visits.
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4.5. OTHER IMPORTANT NEWS
Article 142 • SC held that it could, under Article 142, directly grant divorce, in cases where
marriage has irretrievably broken down, dispensing with period prescribed under
Hindu Marriage Act (HMA), 1955.
• Article 142 provides SC power, to do “complete justice” between parties, where,
at times, law or statute may not provide a remedy.
• While powers under Article 142 are sweeping in nature, SC has defined its scope
and extent through various judgments.
Doctrine of • In a hearing related to Agnipath scheme, plaintiff (party moving court in a civil
Promissory action) cited doctrine of promissory estoppel.
Estoppel • Promissory estoppel is a concept developed in contractual laws.
o It essentially prevents a “promisor” from backing out of an agreement on the
grounds that there is no “consideration.”
o It is invoked by a plaintiff to ensure execution of a contract or seek
compensation for failure to perform the contract.
Narco Analysis • Recently, wrestler protestors in Delhi have asked to undergo Narco tests provided it
Test is monitored by the Supreme Court.
• As part of a narco test, sodium pentothal, also called ‘truth serum’, is injected into
a person which lowers a person’s self-consciousness, allowing them to speak
without inhibition.
• The Supreme Court in Selvi & Ors vs State of Karnataka & Anr (2010) ruled that
narco analysis, brain mapping and polygraph tests cannot be conducted on any
person without his or her consent.
o The judgement was based in view of
✓ Article 20(3) (Right against self-incrimination)
✓ Article 21 (Right to life and personal liberty).
• Narco analysis report is not admissible as primary evidence in the court.
• However, any information that is subsequently discovered with the help of
voluntarily administered test results can be admitted.
Recusal by • Supreme Court (SC) judge refused to
Judges recuse himself from hearing a plea
by a former Indian Police Service (IPS)
officer.
• Whenever there is a potential
conflict of interest, a judge can
recuse or withdraw from a case to
prevent the perception of being
biased.
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• India has no codified rules governing recusals and the decision to recuse rests
solely on the conscience and discretion of the judge.
o If a judge recuses himself, the case is listed before the Chief Justice for
allotment to an alternate Bench.
Advocate-on- • AoR is a lawyer in the Indian legal system who is registered and authorized by SC
Record (AoR) to represent clients in that court.
system in • The Advocates Act provides two kinds of advocates i.e., Senior Advocates and
Supreme Court advocates.
• However, the SC in the exercise of its rule-making power under Article 145, made a
provision for AoR system.
• Supreme Court Rules, 2013 prescribe eligibility criteria for an AoR.
o Only AoR is entitled to file any matter or document before the SC.
o Senior Advocate is not entitled to appear without AoR in SC.
Fast Track • Union Cabinet approved continuation of Fast Track Special Courts (FTSCs) Scheme
Special Courts until March 31, 2026.
(FTSCs) Scheme • Launched in 2019, FSTCs is a Centrally Sponsored Scheme and implemented by
Department of Justice, Ministry of Law & Justice.
o Central Share is to be funded from Nirbhaya Fund, aimed at enhancing the
safety and security for women.
• FTSCs, designed as dedicated courts, were established for hearing rape and
Protection of Children from Sexual Offences Act (POCSO Act) cases.
o Enactment of Criminal Law (Amendment) Act 2018, which included stringent
punishment, including death penalty for rape offenders, led to the creation of
FTSCs.
o FTSCs are linked to National Judicial Data Grid.
Nari Adalats • Nari Adalat is a part of Sambal sub-scheme under Mission Shakti, which operates
under Ministry of Women and Child Development.
o Mission Shakti aims to strengthen women’s safety, security, and empowerment.
• Nari Adalat provides women with an Alternate Grievance Redressal Mechanism
for resolving cases of petty nature (harassment, curtailment of rights etc.) faced by
women at Gram Panchayat level.
• This platform will be utilized for engaging with public for awareness generation,
getting feedback for improvement in schemes and for effective public delivery of
service.
Nyaya Vikas • Nyaya Vikas Portal has been created by Ministry of Law and Justice for monitoring
Portal the implementation of Centrally Sponsored Schemes (CSS) for development of
Infrastructure for Judiciary.
• About Nyaya Vikas
o Department of Justice has been implementing CSS for Development of
Infrastructure Facilities for Districts and Subordinate Judiciary since 1993-94.
o Central assistance is provided to the State Government / UT Administrations for
construction of court halls and residential units for Judicial Officers / Judges
of District, etc.
o Funding: Northeastern and Himalayan States (90:10); Union Territories (100%),
remaining states (60:40).
Justice Clocks • It is an electronic signage system which have been installed across the court
complexes of High Courts.
• The initiative will inform stakeholders about court-related key parameters and
bring awareness among public by providing bird eye view of court-related data.
Technology in • Supreme Court (SC) issued directions to all the High Courts for ensuring
Judiciary digitalisation of lower court records.
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• Other initiatives taken
o e-Court mission: a mission mode project for digitisation of judiciary.
o Inter-operable Criminal Justice System (ICJS) to enable seamless transfer of
data and information among stakeholders like courts, police, jails.
o Fast and Secure Transmission of Electronic Records (FASTER) by SC, a
e-SCR- software to transmit Court Orders swiftly, and securely through electronic mode.
Electronic
o SUVAS (Supreme Court Vidhik Anuvaad Software) to translate English
Supreme
Court judgments into regional language.
Reports o e-SCR portal: It provides the digital version of the apex court's judgments in
the same manner they are reported in the official law report.
India Justice • The third edition of the report was released by Tata Trusts in collaboration with
Report representatives from several civil society organizations including the Centre for
Social Justice, DAKSH, Vidhi Centre for Legal Policy, etc.
• The report assesses and ranks each state’s progress in capacitating its major
justice delivery mechanisms—the judiciary, police, prisons, and legal aid.
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5. ELECTIONS
5.1. CHIEF ELECTION COMMISSIONER AND OTHER ELECTION
COMMISSIONERS ACT, 2023
Why in the news?
The President gave her assent to the Chief Election Commissioner and other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Bill, 2023.
Key provisions of the Act
Appointment • The CEC and other ECs shall be appointed by the President on the recommendation
of a Selection Committee.
Selection • A selection committee consisting of:
committee o Prime Minister as Chairperson.
o Leader of Opposition/leader of the largest opposition party in the Lok Sabha.
o Union Cabinet Minister to be nominated by the Prime Minister.
• Search Committee: Headed by the Minister of Law and Justice shall prepare a panel
of five persons for consideration of the Selection Committee.
Eligibility • Persons who are holding or have held a post equivalent to the rank of Secretary to the
criteria Government of India and
• Should be persons of integrity, who have knowledge of and experience in
management and conduct of elections.
Salary • Equal to the salary of a Judge of the Supreme Court
Term of • CEC and other ECs shall hold office for a term of six years from the date on which he
office assumes his office or till he attains the age of sixty-five years, whichever is earlier.
• CEC and other ECs shall not be eligible for re-appointment.
• Where an EC is appointed as CEC, his term of office shall not be more than six years in
aggregate as the EC and the CEC.
Conduct of • All business of the Election Commission is to be conducted unanimously. In case of a
business difference of opinion between the CEC and the other ECs on any matter, it shall be
decided through the majority.
Removal and • CEC can only be removed from his office in a manner and on grounds similar to that of
resignation a Supreme Court judge.
o An EC can be removed from office upon the recommendation of the CEC.
o The CEC or any EC may resign at any time by writing to the President.
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5.2. ASPECTS OF ELECTION PROCESS AND REFORM
Why in the news?
Recently, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law
and Justice tabled a report on “Specific aspects of the election process and their reform”.
Key-aspects of the report
Common • India has two types of electoral rolls, i.e. General electoral rolls (overseen by ECI) and
Electoral Roll Separate electoral rolls (prepared by SEC).
(CER) • Constitutional and legal safeguards
o Article 324(1): It empowered the Election Commission of India to supervise, direct,
and control the preparation and revision of Electoral Rolls for all elections to
Parliament and State Legislatures.
o Articles 243K and 243ZA: Entrust the State Election Commissioners with the task
of overseeing the preparation and revision of electoral rolls for Local Body
elections.
o Representation of the People Act, 1950: The preparation and revision of electoral
rolls for Parliamentary and Assembly Constituencies are governed under the
provisions contained in PART IIB Section 13D.
False Legal safeguards
Declarations • Candidates contesting elections must file an Affidavit in Form 26 under the Conduct of
During Filing Elections Rules, 1961.
of • Section 33A under RPA, 1951: Requires candidates to disclose information about
Nomination charges framed by a court against them for offences punishable by more than two years
for Elections imprisonment and any convictions resulting in imprisonment of one year or more.
• Section 125A of the Representation of People Act of 1951: Deals with the penalties for
providing false information.
Minimum Age Constitutional Safeguards for Minimum Age for Contesting Elections
of Voting and • Article 84: Minimum 25 years in Lok Sabha and 30 years in Rajya Sabha.
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Contesting • Article 173: Minimum 25 years in State Legislative Assemblies and 30 years in
Elections legislative Council.
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5.5. ELECTORAL FUNDING
Why in the news?
Recently, the Supreme Court directed the Election Commission to submit data on the electoral bonds
received by political parties till September 30, 2023.
More on news
• In 2019, while hearing the Association for Democratic Reforms’ (ADR) petition against the Electoral
Bond Scheme, the SC asked the ECI to submit data on electoral bonds received by political parties.
o State Bank of India has revealed that only 25 political parties have opened the bank accounts
necessary to receive electoral bonds.
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Electoral Bonds (EBs)
• EBs are interest-free bearer bonds or money instruments that can be purchased by companies and
individuals in India from authorised branches of the State Bank of India (SBI).
• Announced in Union Budget 2017-2018.
• Sold in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore.
• Purchased through a KYC-compliant account to make donations to a political party.
• No cap on the number of EBs that a person or company can purchase.
• Available for purchase for 10 days each in January, April, July and October.
• All transactions of EBs are carried out via cheques or digitally.
• The identity of donors remains confidential, reducing the risk of retaliation or intimidation for their
political affiliations.
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o Freebies can be defined as offerings/distribution of irrational offerings from
political parties as part of electoral promises such as pressure cookers, washing
machines, television sets etc. free of charge.
• SoP aims to prevent suspicious cash, illicit liquor, drugs/narcotics, freebies and
smuggled goods during assembly and general elections.
• Key highlights of SoP
o GST and Customs officials to monitor the distribution of coupon-based or
free fuel or cash for alluring prospective voters.
o Setting up flying squads and static surveillance teams for vehicle checks and
verification of warehouses.
o Movement of items like saris, party flags etc., associated with candidates or
political parties without an e-way bill may be confiscated.
Poll Expenditure • Declaring Candidates for assembly election weeks before polls announcement
has exposed gaps in Election Commission (EC) poll expenditure monitoring
rules.
o Rules stipulate accounting of candidates’ spending from date of their
nomination and not from the announcement of polls.
• According to Section 77 (1) of the Representation of the People Act (RPA), 1951,
candidates are expected to keep an account of expenditure from date on which
he/she has been nominated till date of declaration of result.
o Spending more than maximum limit of election expenses is regarded as a
corrupt practice under section 123(6) of RPA, 1951.
Electoral • Recently, ECI signed an MoU with the Ministry of Education to bring Electoral
Literacy Literacy to Classrooms across the country.
• Salient features of
MoU
o Systematically
integrating voter
education and
electoral literacy
into the
curriculum,
starting from
classes 6 to 12 in all
schools.
• Initiatives taken to promote Electoral Literacy
o Systematic Voter Education and Electoral Participation (SVEEP) program:
Flagship program of ECI for voter education, spreading voter awareness and
promoting voter literacy in India.
o Electoral Literacy Clubs (ELCs): set up in institute campuses across the
country by ECI under SVEEP campaign.
✓ It is a platform to engage school students through interesting activities and
sensitise them on their electoral rights and familiarise them with electoral
process of registration and voting.
Enabling • Election Commission has designed in-house software for complete Candidate
Communications and election management through ‘ENCORE’.
on Real-time o It is an end-to-end application for returning officers to digitize the votes
Environment polled, tabulate the round-wise data, and then take out various statutory
(ENCORE) reports of counting.
• Another application called the ENCORE Scrutiny Application
o It allows Returning Officers to scrutinize the nominations filed by the candidates
online.
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• Through the ENCORE Nodal App, various departments like fire, education, police,
environment, etc. give ‘no objection’ certificates for holding rallies, road shows,
etc. to political parties or candidates.
Voter-Verifiable • The Election Commission of India (EC) has defended the EVM-VVPAT system and
Paper Audit Trail termed a new petition seeking 100% data cross verification as regressive.
(VVPAT) • Rule 56D and Rule 49MA of Conduct of Elections Rules, 1961, provide for
redressal of any EVM-VVPAT process verification-related concerns expressed by a
voter.
• VVPAT allows voters to see a printed slip for 7 seconds showing the serial number,
name & symbol of chosen candidate.
To improve the transparency and verifiability in poll process, the conduct of Election Rules, 1961 were
amended and notified on 14th August 2013, thereby, VVPAT was introduced. They were first used in the
by-election for 51-Noksen AC in Nagaland.
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6. IMPORTANT LEGISLATIONS/BILLS
6.1. NARI SHAKTI VANDAN [CONSTITUTION (106TH AMENDMENT)]
ACT, 2023
Why in the News?
Recently, Parliament passed the Constitution (106th Amendment) Act, 2023, to provide for one-third
reservation to women in the Lok Sabha, State Assemblies and the assembly of NCT of Delhi.
Key provisions of the Act
• Articles amended
o Article 239AA: Reservation of 1/3rd seats for
women in the Legislative Assembly of Delhi.
• Articles inserted
o Article 330A and Article 332A: Reservation
of 1/3rd seats for women in the Lok Sabha
and State legislative assembly
respectively.
✓ It also includes reservation of 1/3rd
seats for women under seats reserved
for SCs/STs under Article 330 and Article
332.
o Article 334A: The Act’s provisions shall
come into effect after delimitation following
the first census after the commencement of
this act.
✓ Sunset clause: Reservation of seats for women shall cease to have effect after the expiration of 15
years. However, it can be extended by the Parliament by law.
✓ Periodic rotation of seats reserved for women after subsequent delimitation., as determined by a law made by
Parliament.
✓ The act won’t affect any representation in existing legislative assemblies and Lok Sabha until
their dissolution.
• Recently, the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 and the Government of
Union Territories (Amendment) Act, 2023 were enacted by the parliament.
o They seek to reserve 33% of seats for women in the Jammu and Kashmir and Puducherry Assembly
respectively.
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Key provisions of the Act
Specifications Details
Age-Based • Act introduces three age-
Certification based certifications
under ‘UA’ category —’UA
7+’, ‘UA 13+’ and ‘UA 16+’.
• These age-based markers
are meant for parents or
guardians to consider
whether their children
should view such a film.
• These are only recommendatory.
Separate certificate • Films with an ‘A’ or ‘S’ certificate will require a separate certificate for
for television/other exhibition on television, or any other media prescribed by the central
media government.
Certificates validity • Certificates will be perpetually valid as opposed to the present validity of 10
years.
Revisional powers • The Act omits section 6(1) of the Act as directed by Supreme Court in Union of
of central India vs KM Shankarappa Case, 2000 which states that Centre cannot exercise
government revisional powers on films already certified by the CBFC.
Makes film piracy a • The Act prohibits the unauthorised recording and unauthorised exhibition of films
punishable offence and makes it a punishable offence under the provisions of Copyright Act,
1957.
Penalty • Categorises piracy as a criminal offence, imposing penalties of up to three years
in prison, a fine amounting to five per cent of the film's production cost, or
both.
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o Rules gave the Ministry of Information and Broadcasting (I&B) the task of regulating content on OTT
and online platforms.
o Code of Ethics for online news, OTT platforms and digital media: This Code of Ethics prescribe the
guidelines to be followed by OTT platforms and online news and digital media entities.
o Self-Classification of Content: OTT platforms would self-classify the content into five age-based
categories.
U (Universal) U/A 7+ U/A 13+ U/A 16+ A (Adult) COTP (Cigarettes and Other
Tobacco Products) film rules
o Parental locks: Platforms would be required to implement
Under these rules, now all OTT
parental locks for content classified as U/A 13+ or higher, and
platforms have to display static
reliable age verification mechanisms for content classified as “A”.
messages and audio-visual
o Co-Regulation Approach: India’s approach to OTT regulation can
disclaimers on the ill effects of
be termed as a light-touch ‘co-regulation’ model where there is
tobacco use
‘self-regulation’ at the industry level and final ‘oversight
mechanism’ at the Ministry level.
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• For a child or a person with a disability, consent will be provided by the parent or legal
guardian.
Data • Provides for the establishment of DPBI by the Central government.
Protection • Key functions of the Board:
Board of India o Monitoring compliance and imposing penalties.
(DPBI) o Directing data fiduciaries to take necessary measures in event of a data breach.
o Hearing grievances made by affected persons.
• Board members will be appointed for two years and will be eligible for re-
appointment.
• Appeals against its decisions will lie with the Telecom Disputes Settlement and
Appellate Tribunal (TDSAT)
Rights and • Data principal will have the right to-
Duties of Data o Obtain information about processing.
Principal o Seek correction and erasure of personal data.
o Grievance redressal.
o Right to nominate a person to exercise rights in case of death or incapacity.
• Data principals must not register a false or frivolous complaint and furnish any false
particulars.
• Violation of duties will be punishable with a penalty of up to Rs 10,000.
Obligations of • Data Fiduciary (Entity determining the purpose and means of processing) must-
Data o Ensure the accuracy and completeness of data.
Fiduciaries o Build reasonable security safeguards to prevent a data breach.
o Inform DPBI and affected persons in the event of a breach.
o Erase personal data as soon as the purpose has been met and retention is not
necessary for legal purposes.
Significant • Central Government may notify any Data Fiduciary as SDF, based on factors such as:
Data o Volume and sensitivity of personal data processed.
Fiduciaries o Risk to the rights of data principal
(SDF) o Potential impact on the sovereignty and integrity of India
o Security of the State
o Risk to electoral democracy
o Public order
• SDF will have certain additional obligations including appointing a data protection
officer and an independent data auditor and undertaking impact assessment.
Exemptions • Rights of the data principal and obligations of data fiduciaries (except data security) will
not apply in specified cases, including:
o For notified agencies, in the interest of security, sovereignty, public order, etc.;
o For research, archiving or statistical purposes;
o For start-ups or other notified categories of Data Fiduciaries;
o To enforce legal rights and claims;
o Prevention and investigation of offences;
o To perform judicial or regulatory functions;
o To process in India personal data of non-residents under foreign contract.
• The central government may exempt certain activities in the interest of the security
and public order.
Processing of • While processing the personal data of a child, data fiduciary must not undertake:
personal data o processing that is likely to cause any detrimental effect on well-being of child,
of children and
o tracking, behavioural monitoring, or targeted advertising.
Cross-border • Bill allows the transfer of personal data outside India, except to countries restricted
transfer by the government.
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Penalties • Act specifies penalties for various offences such as up to Rs 200 crore for non-
fulfilment of obligations for children, and Rs 250 crore for failure to take security
measures to prevent data breaches.
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• Effect of 1857 Rebellion: IPC o Exciting or attempting to excite secession, armed rebellion, or
was finally enacted in 1860. subversive activities.
• Post enactment of IPC 1860: o Encouraging feelings of separatist activities, or
o Several Law Commission o Endangering the sovereignty or unity and integrity of India.
reports have • It defines organized crime as any continuing unlawful activity
recommended including kidnapping, extortion, contract killing, land grabbing,
amendments to the IPC cybercrime etc.
on subjects including • Murder or grievous hurt by a group: on the grounds of race, caste
offences against or community, sex, place of birth, language, or personal belief
women, food each member of such group shall be punished with,
adulteration, death o Death or life imprisonment, and a fine, in case of murder.
penalty etc. o Imprisonment for a term of up to seven years, and a fine, in case
of grievous hurt.
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o The Act adds that a trial of multiple persons, where an accused has
absconded or has not responded to an arrest warrant, will be
treated as a joint trial.
Special and Local Laws (SLL)
• Recent tabling of Bills on criminal laws has kept Special and Local Laws (SLL) away from the ongoing
reform process.
• Cognizable crimes are broadly categorized as those falling either under the `Indian Penal Code (IPC)' or
under the Special and Local Laws (SLL)'
o Cognizable offence is defined as the one which an officer in charge of a police station may investigate
without the order of a magistrate and effect arrest without warrant.
• About Special and Local Laws (SLL)
o A “special law” is a law applicable to a particular subject covering specific issues.
✓ Example: Unlawful Activities (Prevention) Act, 1967 (UAPA).
o A “local law” is a law applicable only to a particular part of India.
✓ Example: Maharashtra Control of Organised Crime Act (MCOCA), 1999
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6.7. PRESS AND REGISTRATION OF PERIODICALS ACT, 2023
Why in the news?
The President has granted assent to the Press and Registration of Periodicals Bill, 2023 repealing the colonial
era law of the Press and Registration of Books Act, 1867.
Background of The Press and Registration of Books Act 1867
• Censorship of Press Act of 1799 (under Lord Wellesley): To silence the press before a potential French
invasion of India. However, it was retracted in 1818 by Lord Hastings.
• Licensing Regulations (ordinance), 1823 (under John Adams): The Ordinance had a draconian provision
that no one could start or continue to use a press without registration.
o Rammohan Roy’s, Mirat- ul-Akbar had to cease publication due to this act.
• Press Act of 1835 (under Metcalfe): This Act was seen as a ray of liberation and thus earned Metcalfe the
respectable title of "Liberator of the Indian Press.
o As a consequence, the Indian vernacular press saw rapid growth across India between 1835 and 1857.
• The Licensing Act of 1857: Due to the "Revolt of 1857", this Act emerged, which imposed "licensing
restrictions" in addition to the pre-existing "registration procedure".
• Press and Registration of Books (PRB) Act 1867 (under John Lawrence): The Act made it mandatory for
every article of print to have the names of the printers, publishers, and the places of publication, printed.
• Further Amendments: The Act was amended many times between 1870 and 1983 but it remained
procedurally cumbersome and complex, especially for small and medium publishers.
Key provisions of PRP Act, 2023
Key provisions Press and Registration of Periodicals Act, 2023
Registration of • Periodicals do not include books or scientific and academic journals. Books are
periodicals outside the purview of the act.
Foreign • A facsimile* of a foreign periodical may be printed in India only with the prior
periodicals approval of the central government.
o “facsimile” means an exact reproduction of the original.
Declaration for • It allows the publisher of a periodical to obtain a registration certificate by filing an
printing online application with the Press Registrar General (PRG) and specified local
presses authority.
Registration of • The PRP act, 2023 allows for information regarding printing presses to be
a printing press submitted through an online portal.
Penalties • The 2023 Act seeks to decriminalize the colonial-era statute by replacing jail terms
with fines.
Cancelling • The PRP Act 2023 empowers the Press Registrar General to suspend/cancel the
Registration Certificate of Registration.
• Also, a person who has been convicted of a terrorist act or unlawful activity or has
acted against the security of the State will not be allowed to publish a periodical.
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Key Provisions of the Act
Key provisions Telecommunications Act 2023
Assignment of • Spectrum allocation will be through auction and for specified uses on an
spectrum administrative basis.
• Specified purposes include:
o National Security and defense
o Disaster Management
o Weather Forecasting
o Transport
o Satellite Services
• For the first time, administrative allocation will be done of spectrum for the
satellite broadband services, in line with global norms.
Appointments to • TRAI Act has been amended to allow individuals with:
TRAI o at least 30 years of professional experience to serve as the Chairperson, and
o at least 25 years of professional experience to serve as members.
Adjudication • Appointment of an adjudicating officer to conduct inquiries against civil
process offences.
• Appeals against the orders of the Committee, in connection to breach of terms and
conditions, may be filed with (Telecom dispute settlement and appellate
tribunal) TDSAT within 30 days.
Protection of • Central government may provide for measures to protect users e.g. prior consent
users to receive specified messages, creation of Do Not Disturb registers, and allowing
users to report malware or specified messages.
Right of way • Entities building infrastructure can seek right of way (facilitating the use of
property) over public or private property.
Powers of • Messages can be intercepted, monitored, or blocked on certain grounds
interception and including Security of the state, public order and prevention of incitement of
search offences.
Authorization for • Prior authorization of central government needed to provide, operate, maintain
telecom-related or expand new telecommunication services and to possess radio equipment.
activities
Regulation of • OTT platform will not be regulated under the Telecommunications Act 2023.
OTTs
Other Provisions • Digital Bharat Nidhi: The Bill renames the Universal Service Obligation fund as
Digital Bharat Nidhi and allows its use for research and development in telecom
sector.
• Trusted sources regime: Which came into being after the 2020 Indo–Chinese
border skirmishes, to stop imports of telecom equipment from hostile nations
is now part of the law.
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o 2017 Rules provide for a temporary shutdown of telecom services in a region on grounds of public
emergency (up to 15 days at once).
o The law empowers senior bureaucrats from the home ministry and Centre and state levels to order
shutdowns.
• Key Guidelines proposed by SC in Anuradha Bhasin v. Union of India case (2010)
o An order suspending internet services indefinitely is impermissible under the Temporary
Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017.
o Suspension can be utilised for a temporary duration only.
o Any order suspending the internet issued under the Suspension Rules, must adhere to the principle
of proportionality and must not extend beyond necessary duration.
o Any order suspending the internet under the Suspension Rules is subject to judicial review.
• The court had also declared that freedom of speech and expression as well as freedom of trade and
commerce through Internet are constitutionally protected rights under Article 19(1)(a) and Article
19(1)(g).
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• FCRA was enacted during Emergency in 1976 to regulate foreign donations to
individuals and associations so that they functioned “in a manner consistent
with values of a sovereign democratic republic”.
o It was amended in 2010 to “consolidate the law” on utilization of foreign
funds, and “to prohibit” their use for “any activities detrimental to
national interest”.
• Law was amended again in 2020, giving the government tighter control and
scrutiny over receipt and utilisation of foreign funds by NGOs.
Enemy properties • Enemy property refers to property or assets held or managed on behalf of an
enemy, enemy subject or an enemy company.
o “Enemy” or “enemy subject” or “enemy firm” means a person or country
who or which was an enemy under the Defence of India Act (DoI), 1962 and
DoI Rules, 1962 or the DoI Act, 1971 and DoI Rules, 1971.
o To administer these properties, the Enemy Property Act was enacted in
1968.
o The law empowered the Custodian of Enemy Properties in India (CEPI),
Under Ministry of Home Affairs, to manage and preserve the enemy
properties.
• In 2017, The Enemy Property (Amendment and Validation) Act was enacted which
allows transfer of enemy property from the enemy to other persons.
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7. IMPORTANT CONSTITUTIONAL/STATUTORY/
EXECUTIVE BODIES IN NEWS
7.1. LOKPAL
Why in the News? Lokayuktas
A high-level search committee has extended the date for • Lokayuktas are state equivalents of
receiving applications for the posts of chairperson and central Lokpal.
members of the anti-corruption ombudsman Lokpal. o Some States already have
established Lokayuktas. For
About Lokpal example, Maharashtra in 1971, and
• In 1966, the term ‘Lokpal-Lokayukta’, coined by L. M. Kerala in 1999.
Singhvi, was first used in a report of the Administrative • They shall have jurisdiction over CM,
Reforms Commission. Ministers, MLAs, all state government
• Lokpal is a national anti-corruption ombudsman to look employees and certain private entities
into complaints against public servants which are defined (including religious institutions).
under the Lokpal and Lokayuktas Act, 2013.
• According to the Act, there shall be a director of inquiry, not below the rank of joint secretary, who shall be
appointed by the government
o to conduct preliminary inquiries referred to the Central Vigilance Commission (CVC) by the Lokpal.
o Though Lokpal came into being in 2019, director of inquiry has not yet been appointed.
Lokpal and Lokayuktas Act, 2013
Specifications Details
Composition • Lokpal consists of a chairperson and a maximum of eight members, of which 50%
shall be judicial members and 50% shall be from SC/ST/OBCs, minorities and women.
Tenure of • Chairperson and members of Lokpal are appointed for term of five years or until
office attaining age of 70 years, whichever is earlier.
Selection • Chairperson and Lokpal Members shall be appointed by President on
Committee recommendations of a SC.
(SC) o Selection Committee constitute Prime Minister (Chairperson), LS Speaker,
Leader of Opposition, CJI (or his nominee) and eminent jurist (nominated by
President based on recommendation of other members of panel).
o As per Lokpal Act of 2013, Department of Personnel and Training needs to create
a list of candidates who are interested to become the chairperson or members of
Lokpal.
Confiscation • Acquired by corrupt means, even while prosecution is pending
of property
Timelines for • 60 days for completion of inquiry and 6 months for completion of investigation by
enquiry, CBI.
investigation • This period of 6 months can be extended by Lokpal on a written request from CBI.
Power with • Power of superintendence and direction over any investigation agency including CBI for
respect to CBI cases referred to them by Lokpal.
• Transfer of officers of CBI investigating cases referred by Lokpal would need approval
of Lokpal.
Removal • Lokpal Members and Chairperson shall be removed by President after an inquiry by
SC. For that, a petition has to be signed by at least 100 Members of Parliament (MP).
Lokpal • It extends to Prime Minister, Ministers, MP, Group A, B, C and D officers and officials
Jurisdiction of central government.
o Any society or trust or body that receives foreign contribution above ₹10 lakh.
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7.2. DELIMITATION COMMISSION
Why in the News?
Delimitations in India
Supreme Court (SC) asks the Centre to set up a fresh • The Delimitation Commission has been set up
Delimitation Commission to ensure a proportional four times since independence i.e. in 1952,
representation of the communities specified as 1963, 1973, and 2002.
Scheduled Castes (SCs) and Scheduled Tribes (STs), • In 1976, the 42nd Constitutional Amendment
as mandated under the Constitution. froze this delimitation exercise until the first
Delimitation Commission Census after 2000 was published.
• In 2002, the 84th Constitutional Amendment
• Article 82: Parliament enacts a Delimitation Act. further extended the freeze for 25 years till 2026.
• It is responsible for the readjustment of the
constituencies (number and boundaries) of Lok Sabha and State Assemblies after every Census.
• Its decisions are considered final and are unchallengeable in any court.
• The copies of its orders are laid before the House of the People and the State Legislative Assembly
concerned, but no modifications are permissible therein by them.
• Composition:
o A SC judge (Current or retired) acts as Chairman.
o The Chief Election Commissioner of India or an Election Commissioner nominated by him/her.
o Respective State’s Election Commissioner.
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CBI Investigations
• Anti-corruption: These are usually registered
against public officials, and employees of union
government.
o The superintendence of CBI related to the
investigation of offences under the
Prevention of Corruption Act, 1988 lies with
CVC.
• Special crimes: Investigation of serious and
organized crime under IPC on requests of State
Governments or on orders of Supreme Court and
High Courts.
• Economic offences: Crimes of financial
malfeasance, bank frauds, money laundering,
black money operations etc. However, CBI usually
transfers cases of money laundering to ED.
• Suo-moto: CBI can suo-moto take up
investigation of offences only in the UTs.
o The Centre holds the power to authorize the
CBI to investigate a crime in the state only
after the consent of concerned state.
o However, SC and High Courts can order CBI
to investigate a crime anywhere in country
without consent of the state.
About General Consent
• It is required under section 6 of Delhi Special
Police Establishment Act, 1946.
o The consent of the state government to CBI
can be either general or case specific.
• General consent is consent by default.
o Recently multiple States have withdrawn General Consent like West Bengal, Mizoram, Punjab etc.
• Exception to general consent
o The Supreme Court and High Courts can order CBI to investigate a crime anywhere in the country
without consent of the state.
o Consent does not apply in cases where someone has been caught red-handed taking a bribe.
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• NCC Directorate: NCC at the state level is divided into 17 Directorates, in which each state or group of
states or UTs forms a Directorate.
• Nature of the NCC Programme: Voluntary
o The students have no liability for active military service.
• NCC offers three types of certificates based on duration.
NCC vs National Service Scheme (NSS)
• While both are voluntary in nature, there are certain differences.
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7.6. OTHER IMPORTANT NEWS
Competition Ravneet Kaur has become the first woman chairperson of CCI.
Commission of
India (CCI)
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National • NCGG has completed the training of 24th batch of Maldivian Civil Servants.
Centre for • About NCGG
Good o Genesis: Set up in 2014 under Ministry of Personnel, Public Grievances and
Governance Pensions.
(NCGG) o Governing Body: Headed by Cabinet Secretary.
o Objectives: Improve governance, policy reforms, capacity building and training of
civil servants and technocrats of India and other developing countries.
✓ Function as a national repository of information on best practices,
initiatives and methodologies that promote good governance.
National • NIA conducted searches at various locations to locate those involved in attack on
Investigation High Commission of India in London.
Agency (NIA) • NIA was formed under NIA Act 2008, in the aftermath of 26/11 attacks.
o It is a federal counter-terror agency that can take suo-motu cognizance of
terrorist activity in any part of India.
o NIA (Amendment) Act, 2019 empowered NIA to investigate scheduled offenses
committed outside India, subject to international treaties and domestic laws of
other countries.
✓ Act 2019 also empowered the centre to designate sessions court as special
court for NIA trials.
Cabinet • Cabinet Secretary was granted extension for another year.
Secretary (CS) • About CS
o Appointed by the Appointments Committee of the Cabinet (ACC) on seniority-
cum-merit basis
o CS is responsible for administration of the GoI (Allocation of Business) Rules, 1961
and GoI (Transaction of Business) Rules, 1961
o CS is also the head of Civil Services Board (CSB)
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Answer Writing for
Civil Services
Mains Examination
Answer writing holds paramount importance in the UPSC Mains exam as it serves as the primary means for candidates to
demonstrate their knowledge, understanding, analytical ability, and time management skills. Effective answer writing is
pivotal in showcasing one's ability to synthesize information, critically evaluate diverse perspectives, and present balanced
arguments concisely. Proficient answer writing is instrumental in securing high scores and distinguishing candidates in a
competitive environment, ultimately determining their success in the rigorous selection process for the UPSC Mains exam-
ination.
Balanced Conclusion: Summarizing key points Language: Employing precise, formal language
concisely, offering insights or recommendations appropriate to the context, avoiding jargon,
if applicable, and providing a satisfying closure colloquialisms, or ambiguity, and demonstrating
to the argument or discussion. fluency and clarity in expression.
Master the art and understand the science behind impactful answer writing with VisionIAS All India GS
Mains Test Series and Mentoring Program, comprising:
Keep in mind, the Mains exam isn't just a stage within the UPSC CSE journey but rather a direct gateway to coveted
position in the Indian Civil Services, turning your aspirations into reality.
Received in confidence from foreign Cabinet papers, which come under specified
government exemptions
Available to a person in his fiduciary Which relates to personal information the
relationship, unless competent authority is disclosure of which has not relationship to any
satisfied that larger public interest warrants public activity or interest, or which would cause
disclosure of such information unwarranted invasion of the privacy.
o Section 8(2): Information exempted under sub-section (1) and Official Secrets Act, 1923 can be
disclosed if the public interest in disclosure outweighs the harm to the protected interest.
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8.3. AADHAAR
Why in the news?
The Ministry of Electronics and Information Technology has proposed rules to enable Aadhaar authentication by
entities other than Government Ministries and Key Features of Aadhar
Departments for better delivery of services to • Uniqueness: It is a 12-digit unique number, and
citizens. no resident can have a duplicate number since it
More in news is linked to their individual biometrics.
•
Random Number: Does not capture details like
• At present, Ministries and Departments are caste, religion, income, health, geography, etc.
allowed to undertake Aadhaar Authentication
• Scalable technology Architecture. Resident's
under 2020 rules.
data is stored centrally, and authentication can
o It is allowed for purposes like in the interest
be done online from anywhere in the country.
of good governance, preventing leakage of
• Targeted Delivery Aadhaar is mandatory for
public funds and enablement of innovation
receiving subsidy or benefits under section 7 and
and spread of knowledge.
filing income tax return.
• Entities such as banks and telecom companies • Proof of address and Identity: It serves as proof
were allowed to perform authentication if UIDAI of identity and proof of address for residents of
was satisfied with standards of privacy and India. Aadhaar is not a proof of citizenship.
security. • Electronics Benefit Transfers: The UID-enabled-
• Now, it is proposed that any entity other than a Bank-Account network will offer a secure and
ministry or department that desires to use low-cost platform to directly remit benefits to
Aadhaar authentication needs to submit its residents.
proposal to the concerned ministry/department at the Centre or state level.
Key-technology features
• Biometrics based de-duplication: Biometric Service Providers (BSPs) presently operational use Facial
image as additional biometric attribute for de-duplication along with 10 fingerprints and two IRIS.
• Biometric fraud detection: Biometric Service Providers (BSPs) can currently detect mixed biometrics,
wrong fingers, non-human fingers, gummy fingers, inverted IRIS images, and closed eyes during enrolment.
Constitutionality of Aadhaar Act (Justice K.S. Puttaswamy v UoI)
• Aadhaar Targeted Delivery of Financial and other Subsidies, Benefits and Services Act, 2016
(Aadhaar Act) was challenged before the apex court on the grounds that it was passed as a money
bill, thereby circumventing the upper house of Parliament.
• In its K.S. Puttaswamy v UoI judgment (2018), top court affirmed the constitutionality of the
Aadhaar act.
• Key Observations:
o Act was competently passed by Parliament, even though it was passed as a Money Bill.
o Act does not violate the fundamental rights guaranteed under Articles 14, 15, 19 and 21.
o Aadhaar would be mandatory for accessing social welfare schemes, but it cannot be forced on
people for opening bank accounts or for mobile and internet connection.
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8.4. REGULATION OF ONLINE GAMING
Why in the News?
The Ministry of Electronics and Information Technology (MeiTY) has amended the Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules (IT Rules) 2021.
More on News
• The aim is to enforce greater due diligence by online gaming and social media intermediaries in respect
of online games & fake or false misleading information related to Government business.
• The rules and amendments to IT Rules 2021 have been brought out under Section 87 of the Information
Technology Act, 2000.
o IT Rules 2021 were brought out for regulating social media intermediaries.
Key Features of the Rules on Online Gaming
• Clear definitions:
o “Online games” mean a game that is offered on the Internet and is accessible by a user through a
computer resource or an intermediary.
o “Online gaming intermediary (OGI)” means any intermediary that enables the users of its computer
resource to access one or more online games.
• Role of Intermediaries: To make a reasonable effort to not host, publish or share any online game that
can cause the user harm, or that has not been verified as a permissible online game by an online gaming
Self-Regulatory Body/Bodies (SRBs) designated by the Central Government.
o The intermediary will also have to ensure that no advertisement or surrogate advertisement or
promotion of an online game that is not a permissible online game, is hosted on its platform.
• Additional Obligations on OGI: The amended rules cast additional obligations on OGI in relation to online
games involving real money. These include:
o The displaying of a mark of verification by the self-regulatory body on such games;
o Informing their users of the policy for withdrawal or refund of the deposit;
o Obtaining the KYC details of the users; and
o Not giving credit or enabling financing by third parties to the users.
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“Arm's length” is an expression which is commonly used to refer to transactions in which two or more
unrelated and unaffiliated parties agree to do business, acting independently and in their self-interest.
• Multiple SRBs: The MeiTY may notify multiple SRBs, for the purposes of verifying an Online game as a
permissible one. An SRB should fulfil the following criteria:
o Company registered under Section 8 (Not-for-Profit entity) of the Companies Act 2013.
o Representative of the online gaming industry, promoting online games in a responsible manner.
o Incorporates provisions related to grievance redressal, arm’s length principle, disclosure and
reporting and clear criteria for membership.
• Authority of SRBs: The SRB may categorise any Game as a permissible game if it is satisfied that:
o the online game does not involve wagering on any outcome,
o the OGI and the game comply with the rules and the requirements under law for being competent to
enter into a contract (currently at 18 years), and
o the OGI and the game complies with the framework made by the SRB regarding safeguards.
• Prohibition: Online games that involve any kind of gambling (including ads) will be prohibited.
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Surrogate advertising is a form of advertising which is used to promote
products which are banned or limited from advertising under government
regulations, such as cigarettes and alcohol via advertising another product
produced by the same company in order to raise brand awareness.
8.6. GUIDELINES FOR CELEBRITIES, INFLUENCERS, AND VIRTUAL
INFLUENCER
Why in the news?
Guidelines for Prevention of Misleading
The Advertising Standards Council of India (ASCI) Advertisements and Endorsements for Misleading
has released the comprehensive Guidelines for Advertisements 2022
Influencer Advertising in Digital Media. • Key Provisions of Guidelines:
More on the news o Prohibit Surrogate Advertisements: No
surrogate advertisement (like Alcohol brands
• These guidelines are an extension to the advertising for sodas/music) shall be made
Guidelines for Prevention of Misleading for goods or services whose advertising is
Advertisements and Endorsements for prohibited or restricted.
Misleading Advertisements, 2022. o Prohibit Targeting Children:
• Department of Consumer Affairs, Consumer Advertisements that take advantage of
Affairs Ministry will actively monitor and enforce children’s inexperience have been
these guidelines. prohibited.
• Influencers found to be in violation of the new o Penalties: Violations may lead to penalties
guidelines could face penalties under the under the Consumer Protection Act 2019
Consumer Protection Act (2019) and other relevant provisions of the law.
✓ CCPA can impose a penalty of up to Rs 10
Key Provisions for celebrities, influencers, and
lakh on manufacturers, advertisers, and
virtual influencers
endorsers. For subsequent offences, a
• Guidelines for All: penalty can go up to Rs 50 lakh.
o Disclosure: All material connection (such
as monetary or other compensation, free products) between the advertiser and the influencer.
✓ It must be upfront and prominent so that it is not missed by an average consumer.
✓ Terms including advertisement, sponsored, collaboration, and paid promotion can be used,
which must be indicated as a hashtag or headline text.
o Due Diligence: Endorsers are encouraged to conduct a thorough review and ensure they are in a
position to substantiate the claims made in the advertisement.
✓ They must use or experience a product or service before endorsement.
✓ Influencers must refrain from making false, misleading, or exaggerated claims.
• For Health Influencer:
o Disclose Certification: Endorsers must disclose that they are certified health/fitness experts and
medical practitioners.
o Disclaimer: Endorsers must ensure that the audience understands that their endorsements should
not be seen as a substitute for professional medical advice.
• For influencers:
o Registration: Can offer investment-related advice {with subjects like banking, financial services, and
insurance (BFSI)} only after registering with the Securities and Exchange Board of India (SEBI).
✓ Other financial influencers must also possess appropriate credentials, such as a licence from the
Insurance Regulatory and Development Authority of India (IRDAI).
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MCA And o India’s digital market is expected to touch $ 1 trillion by 2025-26.
Meity • The Ministry of Corporate Affairs (MCA) would be the nodal Ministry to look into all
the competition issues in the digital market.
• Ministry of Information Technology (MeitY) will look into sector-specific issues.
• The government is working towards introducing legislation, including Digital India Act
and Digital Competition Law, for regulating various facets of the digital market in India.
Panchayat • Recently, it is released by the Union Ministry of Panchayati Raj.
Development o It provides a matrix to monitor and evaluate the progress of panchayats through
Index (PDI) the scores achieved by them.
o It ranks panchayats on the basis of scores and categorize them into four grades.
o Grades include A (75 to 90%), B (60-75), C (40-60%) and D (under 40%).
AAINA Ministry of Housing & Urban Affairs launched
Dashboard ‘AAINA Dashboard for Cities’ portal.
for Cities • It will provide information on status and
progress of cities on five broad thematic
areas
• Digital India Corporation (DIC) will provide
handholding to ULBs / States in the data
submission process.
o DIC provides strategic support to
Ministries/Departments for carrying
forward Digital India Mission
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8 in Top 10
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SHUBHAM KUMAR
CIVIL SERVICES
EXAMINATION 2020
AHMEDABAD BHOPAL CHANDIGARH GUWAHATI HYDERABAD JAIPUR JODHPUR LUCKNOW PRAYAGRAJ PUNE RANCHI SIKAR