VisionIAS Mains 365 December 2024 Polity and Governance Aug23-May24

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POLITY AND GOVERNANCE

Table of Contents
1. INDIAN CONSTITUTION, PROVISIONS AND 4.4.3. Fast Track Special Courts (FTSCs) ______ 45
BASIC STRUCTURE ____________________ 4 4.5. Judicial Accountability _____________ 46
1.1. Reservation at a Glance ______________ 4 4.6. Alternative Dispute Resolution (ADR) at a
1.1.1. Economically Weaker Sections (EWS) ____ 4 Glance ______________________________ 47
1.2. Citizenship at a Glance _______________ 6 4.6.1. Mediation Act, 2023 ________________ 47
1.2.1. Citizenship (Amendment) Rules, 2024 ___ 6 4.7. Free Legal Aid at a Glance ___________ 49
1.3. Hate Speech _______________________ 8 4.7.1. National Legal Services Authority (NALSA)49
1.4. Abrogation of Article 370 _____________ 9 5. ELECTIONS IN INDIA ________________ 51
1.5. Article 142 ________________________10 5.1. Chief Election Commissioner and other
1.6. Uniform Civil Code (UCC) ____________11 Election Commissioners Act, 2023________ 51
1.7. Ladakh Demands Sixth Schedule ______12 5.2. Electoral Reforms at a Glance________ 52
1.8. Ninth Schedule ____________________13 5.2.1. Simultaneous Elections ______________ 53
1.9. Delimitation Commission ____________14 5.2.2. Electoral Funding __________________ 54
MAINS 365 – POLITY AND GOVERNANCE
5.2.3. Lowering Minimum Age to Contest Polls 55

2. ISSUES AND CHALLENGES PERTAINING TO 5.2.4. Inner Party Democracy ______________ 56
THE FEDERAL STRUCTURE _____________ 16 5.3. Criminalization of Politics ___________ 57
2.1. Federalism at a Glance ______________16 5.4. Model Code of Conduct (MCC) _______ 58
2.1.1. Cooperative Federalism ______________ 17 5.5. Artificial Intelligence and Elections ___ 59
2.1.2. Fiscal Federalism ___________________ 18
5.6. Mass Media and Election ___________ 60
2.1.3. Special Category Status (SCS) _________ 19
5.7. Municipal Elections ________________ 61
2.2. S.R. Bommai Judgement (1994) _______20
2.3. Inter-State Water Dispute at a Glance _22 6. GOVERNANCE_____________________ 63
2.4. Role of Governor___________________23 6.1. Administrative Reforms at a Glance __ 63
6.1.1. Role of Civil Servants in Governance ___ 64
2.5. Government of National Capital Territory of
6.1.2. Revamped Scheme for Administrative
Delhi (Amendment) Act 2023 ____________24 Reforms _______________________________ 65
2.6. One Nation One Language ___________25 6.2. Lokpal and Lokayukta ______________ 66
3. PARLIAMENT AND STATE LEGISLATURES: 6.3. E-governance at a Glance ___________ 68
STRUCTURE AND FUNCTIONING ________ 27 6.3.1. Role of Technology in Public Services Delivery
3.1. Parliamentary Privileges of Lawmakers 27 _____________________________________ 69
3.1.1 Expulsion of Lawmakers ______________ 28 6.4. Digital Personal Data Protection Act 202369
3.1.2. Impeachment in US and India _________ 29 6.5. Censorship in India at a Glance ______ 72
3.2. Parliamentary Functioning ___________30 6.5.1. Cinematograph (Amendment) Act, 2023 73
3.3. Office of Speaker __________________31 6.5.2. The Cinematograph (Certification) Rules, 2024
3.4. Anti-Defection Law _________________32 _____________________________________ 73
3.5. Delegated Legislation _______________33 6.5.3. Digital Services Act _________________ 74
4. STRUCTURE AND FUNCTIONING OF 6.6. Environmental Governance in India ___ 76
6.6.1. Constitutionalization of Environmental Issues
JUDICIARY AND OTHER QUASI-JUDICIAL
_____________________________________ 77
BODIES ____________________________ 35 6.7. Temple Regulation in India __________ 78
4.1. 75 Years of the Supreme Court of India at a
7. LOCAL GOVERNANCE _______________ 80
glance _______________________________35
7.1. Urban Governance in India __________ 80
4.2. Criminal Justice System at a Glance____36 7.1.1. Capacity Building of Urban Local Bodies (ULBs)
4.2.1. Criminal Law Reform Acts ____________ 37 _____________________________________ 81
4.2.2. Prison Reform _____________________ 39
7.2. Finances of Panchayati Raj Institutions (PRIs)
4.3. Tribunal System in India _____________40
____________________________________ 82
4.4. Judicial Reforms ___________________42
4.4.1. Judicial Appointments _______________ 42
8. IMPORTANT ACTS AND LEGISLATIONS _ 84
4.4.2. Regional Benches of Supreme Court ____ 44
1 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS
www.visionias.in 8468022022
8.1. Nari Shakti Vandan [Constitution (106th 9.1.1. Relationship Between State and Civil Society
Amendment)] Act, 2023 ________________84 _____________________________________ 90
8.2. Telecommunications Act, 2023 _______85 9.2. Socialism in India __________________ 91
8.2.1. Over-The-Top (OTT) Platforms Regulations86 9.3. Right to Information (RTI) ___________ 94
8.2.2. Internet Shutdown __________________ 87 9.4. National Human Rights Commission (NHRC)
8.3. Press and Registration of Periodicals Act, ____________________________________ 95
2023 ________________________________88 10. PREVIOUS YEAR QUESTIONS 2013-2023
9. MISCELLANEOUS __________________ 90 (SYLLABUS-WISE) ____________________ 97
9.1. Civil Society at a Glance _____________90 11. APPENDIX ______________________ 105
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1. INDIAN CONSTITUTION, PROVISIONS AND BASIC

STRUCTURE
1.1. RESERVATION AT A GLANCE
1.1.1. ECONOMICALLY WEAKER SECTIONS (EWS)

Why in news?
Supreme Court Constitutional Bench upheld validity of 103rd Constitutional Amendment in Janhit Abhiyan v
Union of India, 2022 case which introduced 10% quota for EWS in education and public employment.
About EWS
• EWS reservation was granted based on recommendations of Sinho commission (submitted report in 2010).
• 103rd Amendment Act 2019 inserted Articles 15(6) and 16(6) in Constitution to provide reservation to EWS
among non-OBC and non-SC/ST sections of population.
o Act enables both central and state governments to provide reservations to EWS.
o However, decision to implement reservations for EWS in state government jobs and educational
institutions rests with state governments.
• EWS reservation is in addition to existing reservation.
• Earlier, in Ram Singh and Ors. vs Union of India case, 2015, SC suggested need for a non-caste-based
identification of backward classes.
Concerns related to EWS quota
• Purpose Misalignment: Reservation is for social upliftment, not poverty alleviation.
• Violates principle of equality: It excludes OBCs, SC/ST communities from EWS.
• Income Criteria Issue: ₹8 lakh annual income criterion may excessively cover socially advanced classes.
• Tool of populism: Critics have raised concerns about political implications of EWS quota, highlighting its
potential to exacerbate social tensions.
Road Ahead
• Detailed Data and Guidelines: For effecting identification of target groups

• Evolving conceptual framework: For affirmative actions to inclusively capture backwardness.
• Expand Employment Opportunities: Focus policies on increasing job opportunities for EWS.
• Prioritize improving educational institutions: To reduce reservation demand and ensure equal access for
all students.
1.2. CITIZENSHIP AT A GLANCE
1.2.1. CITIZENSHIP (AMENDMENT) RULES, 2024

Why in the news?
Ministry of Home Affairs has amended Citizenship Rules, 2009 and notified Citizenship (Amendment) Rules,
2024 to enforce the Citizenship Amendment Act (CAA), 2019.
Key highlights of Citizenship (Amendment) Rules, 2024

Eligibility • To apply for citizenship by registration/naturalization one must be:
o Person of Indian origin
o Married to an Indian citizen
o A minor child of an Indian citizen
o A person whose parents are registered as an Indian citizen
o Person or either of his parents was a citizen of Independent India
o Registered as an Overseas Citizen of India Cardholder
Other Qualifications • Present an affidavit verifying correctness of statements made in application
for citizenship by and affidavit by Indian citizen to testify applicant’s character.
naturalization • Adequate knowledge of one of the languages listed in 8th Schedule.
Proof of nationality • Applicants now can provide 20 different documents as proof of entry into
India, including visas, residential permits, census slips, Aadhaar cards etc.
Renouncing • Declaration saying citizenship of his country shall stand renounced
citizenship of another irrevocably if application for Indian citizenship is approved.
country
Authority to which • Under Section 6B of Citizenship Act, 1955, application shall be submitted in
application may be electronic form to Empowered Committee through District Level
made Committee as notified by Central Government.
Concern Raised
• Classification of countries: Migrants from neighbouring countries like Sri Lanka (Buddhism is state religion)
and Myanmar (primacy to Buddhism) are not included.
• Basis of migration: There is no test stipulated under CAA Rules, 2024 to prove or scrutinize if the applicant
was compelled to enter India because they faced persecution.
• Constitutional Challenges: Exclusion of Muslims, Jews and Atheists from CAA is said to be a violation of
Article 14 and principle of secularism.
• Classification based on date of entry: CAA offers differential treatment to migrants based on their date of
entry into India, i.e., whether they entered India before or after December 31, 2014.
• Implication on external relations: Religious persecution of non-minority in Bangladesh is one of the
reasons for the amendment, potentially leading to tensions with Bangladesh.
Conclusion
While the Constitutional Amendment Act aims to address the concerns of persecuted minorities, it is imperative
to address the raised concerns to ensure a comprehensive and inclusive approach.
1.3. HATE SPEECH

Why in the news?
Recently, SC stressed the need for stakeholders to find a long-term solution to the problem of hate speech.
About Hate Speech
• An incitement to hatred primarily against a group of persons defined in terms of race, ethnicity, gender,
sexual orientation, and religious belief (267th Report of Law Commission of India).
• Not been defined in any law in India. However, legal provisions in certain legislations prohibit select forms
of speech as an exception to freedom of speech.
Issues Associated with Hate Speech
• Clash with freedom of
speech and expression:
Concerns are often raised
that attempts to curb hate
speech may silence
dissent and opposition.
• Used as Political
instrument: To mobilise
support, polarise voters,
and garner votes.
• Lack of awareness and
trust in law enforcement
agencies: Regarding
where to access resources
for responses to acts of
hate.
• Digital Age: Lack of an
appropriate IT Act or a
regulatory mechanism for
online content poses a
hurdle to check Hate
Speech through online platforms effectively.
Global Measure against Hate Speech

• Rabat Plan of Action (2012): Emphasizes collective responsibility of State officials, religious leaders,
media, and individuals to foster unity, tolerance, and prevent hatred.
• UN Strategy and Plan of Action on Hate Speech (2019): UN-wide initiative to tackle hate speech, offering
a roadmap for supporting and complementing States' efforts.

• UN Security Council Resolution 2686 (2023): Encourages stakeholders to share good practices promoting
tolerance, peaceful coexistence, and addressing hate speech and extremism as per international law.
Way ahead
• Legal Definition of Hate Speech: Law Commission proposed adding specific offences to IPC to criminalize
hate speech, instead of subsuming it under existing sections concerning inflammatory acts and speeches.
• Judicial Measures: Cases of hate speech can be addressed through Alternative dispute resolution to
prevent victimisation.
• Non-Legal Measures to Address Hate Speech
o Involvement of religious heads to build empathy across religious lines to reduce communal tension.
o Strategic interventions (in context of social media) to monitor dissemination of hate speech and mob
mobilisation.
• World countries should utilise international platforms like United Nations to discuss and address
challenge of Hate Speech and share best practices and tools to monitor hate speech effectively.
1.4. ABROGATION OF ARTICLE 370

Why in the news?
Recently, a Constitution Bench of SC upheld the validity of Union Government's 2019 decision to repeal special
status of J&K under Article 370 of Constitution.
SC Judgement Rationale
No Internal • Yuvraj Karan Singh’s (successor to Maharaja Hari Singh) proclamation stated
sovereignty that provisions of Indian Constitution would govern relationship between J&K and
India.
• Apart from Article 1 and 370, court cited Section 3 of J&K Constitution which
stated that J&K is and shall be an integral part of Union of India.
Nature of Article • Temporary, transitional provision.
370 • Dissolution of Constituent Assembly of J&K could not limit President’s powers to
abrogate Article 370.
Upheld • Presidential order of 2019 amended Article 367 and declared that expression
constitutionality ‘Constituent Assembly of the State’ in Article 370 (3) shall be read to mean
of Presidential ‘Legislative Assembly of the State’.
proclamations • Consultation of state government was not essential under 370(3) as President had
2019 “unilateral” power to declare that Article 370 ceases to exist.
• Presidential proclamation under Article 356 facilitated these decisions by
empowering Union Government to act on behalf of State, eliminating the
necessity to forge a political consensus at State level.
o Additionally, Presidential proclamation suspended operation of provisos to
Article 3, which mandated concurrence of J&K assembly to pass reorganization
Act.
Power of • Relying on judgement in S R Bommai case, court held that ‘actions of President
President during during a State emergency were open to judicial scrutiny’.
State Emergency
Elections to • ECI to conduct elections to Legislative Assembly of J&K by 30th September 2024.
Legislative
assembly
Truth and • Set up by Centre, just like South Africa did in its post-apartheid era to investigate

reconciliation and report on violation of human rights by State and non-State actors in J&K and
commission recommend measures for reconciliation.
Impacts of Abrogation of Article 370
• Extension of rights: All the rights enshrined in Indian Constitution and benefits of all Central Laws are
available to people of J&K and Ladakh.
• Ending exclusive property rights: Enabled Centre to notify new land laws for J&K ending the exclusive rights
of permanent residents over land.
• Social Justice: Provision given for SCs and STs in rest of the country is now available to community in J&K.
• Constitutional status to local government: Through application of 73rd and 74th Amendments of
Constitution to J&K.
• J&K no longer has its own flag, constitution, and its own penal code (called Ranbir Penal Code).
• Rights of women married to non-locals: J&K Grant of Domicile Certificate (Procedure) Rules, 2020,
allowing the spouse of a native woman married outside the Union Territory to apply for a domicile certificate.
Conclusion
With the judiciary upholding the abrogation of Article 370, it is important to foster economic development in J&K
and ensure early elections for realization of democratic aspirations of people of J&K.
1.5. ARTICLE 142

Why in the News?
Recently, SC nullified the outcome of Chandigarh Mayor Election, exercising its power under Article 142
(Enforcement of decrees and orders of SC) of Constitution to ensure "complete justice".
Positive Impacts of Article 142 Issues with of Article 142
• Address urgent issue with legislative vacuum: In Bhanwari • Subjectivity in definition: Court's
Devi and Ors. vs State of Rajasthan (2002), SC provided wide discretion under Article 142
“Vishaka Guidelines” to address workplace sexual risks its misuse due to lack of
harassment, eventually resulting in “Prevention of Sexual standard definition for complete
Harassment Act, 2013”. justice.
• Blurs Judiciary-Legislature Lines:
SC's intervention in Karnataka's
• Strengthen Democracy: K.S. Puttaswamy (Privacy) vs. Union political crisis with a floor test
of India (2017) established guidelines for safeguarding blurred judiciary-executive lines,
individual privacy. sparking concerns of overreach
• Provides Checks and Balances: In 2014, SC canceled all but (S.R. Bommai vs. Union of India
four of the 218 coal block allocations deemed illegal and (1994)).
arbitrary. • Unaccountability: Article 142
• Address civil rights and social justice issues: In Vineeta grants judiciary immunity from
Sharma vs. Rakesh Sharma & Ors. (2020), SC addressed easy scrutiny for its decisions.
conflicting judgments on daughters' coparcenary rights under • Lack of Consistency: Inconsistent
Hindu Succession Act. legal rulings under Article 142
• Promotes equality: In ‘The Secretary, Ministry of Defense vs. complicate litigation planning
Babita Puniya’ case, SC granted permanent commission to and operations for individuals and
women officers in the Indian Army. businesses.
Way Forward
• Addressing Arbitrariness: Judges should ensure that decisions made under Article 142 are based on
relevant facts and considerations.
• Defining ‘complete justice’: Clear guidelines/principles can help mitigate misuse of power under the guise
of achieving ‘complete justice’.
• Establishing a regulatory framework: To prevent misuse of Article 142, decisions should be subject to
scrutiny and accountability, ensuring that all relevant parties are heard before invoking Article 142.
• Referral of all cases invoking Article 142 to a Constitution Bench of at least five judges.
1.6. UNIFORM CIVIL CODE (UCC)

Why in the news?
President gave assent to the Uniform Civil Code Uttarakhand Bill 2024.
About UCC
• UCC provides for formulation of one law for entire country, which would apply to all religious
communities in their personal matters like marriage, divorce, inheritance, adoption, and succession.
o Goa is the only state where a form of common civil code is in practice, Portuguese Civil Code 1867.
• Personal Laws in India:
o Hindu Succession Act 1956 governs Hindus, Sikhs, Jains and Buddhists.
o Muslim Personal Law governs Muslims.
o Indian Succession Act 1925 applies to Christians, Parsis, and Jews.

o Special Marriage Act provides for solemnization of interfaith marriage as well as registration by a
Marriage Officer.
Arguments for UCC Arguments against UCC
• Constitutional Mandate under DPSP (Article 44). • Undermine cultural and religious
• Uphold principles of a secular state, where religious beliefs do identities and infringe upon right
not dictate civil matters. to religious freedom guaranteed
• Promote common citizenship and fosters National Unity by under Article 25.
transcending religious and community divisions. • Lacks consensus among
• Ensures Gender Justice by eliminating discriminatory communities may lead to social
practices in personal laws, promoting gender equality and unrest and resistance.
women's rights. • Disrupt principles of cooperative
• Simplifies Legal Procedures associated with marriage, federalism as several experts
divorce, inheritance, succession etc. argued that UCC could encroach
• Update laws with modern principles to align with evolving upon states’ legislative
society, promoting inclusivity and individual freedoms. competence.

Way forward
• Government should seek consensus: From all stakeholders, including religious leaders and community
representatives to address concerns.
• Piecemeal approach: Like marriage age amendment, can foster internal reform within religious
frameworks.
• Review existing personal laws: To align UCC with principles of justice, equality, and non-discrimination,
ensuring fairness for all.
1.7. LADAKH DEMANDS SIXTH SCHEDULE

Why in the news?
The people of Ladakh are protesting for Ladakh to be recognized as a tribal area under Sixth Schedule.
Provisions of the Sixth schedule
• Empowers Governor to create Autonomous District Councils (ADCs) and Autonomous Regional
Councils (ARCs) in four states (Assam, Meghalaya, Tripura, and Mizoram).
• Conferred certain executive, Legislative and Judicial powers to ADCs and ARCs.
Benefits Ladakh will get if included in Sixth Schedule

• Address Local Issues: Specific to Ladakh like environmental protection, tourism management, and
sustainable development practices.
• Safeguard Tradition: Cultural heritage and traditional customs would be recognized and legally protected.
• Resource Management: ADCs would have greater control over mineral resources within their
jurisdiction, allowing them to manage them more effectively.
• Increased reservation: Enhance reservation in government jobs and educational institutions for Ladakhis.
• Safeguard land and forest rights: Protect tribal communities (Balti, Beda, Drokpa etc) land and forest rights
to prevent alienation.
Issues in awarding Sixth Schedule Status to Ladakh
• Financial Viability: Establishing and running ADCs requires significant financial resources.
• Inter-Community Dynamics: Balancing the interests of Buddhist majority in Leh and Muslim majority in
Kargil within framework of Sixth Schedule.
• National Security Considerations: Ladakh's sensitive border location raises concerns that increased
autonomy might complicate coordination with central government on security matters.
Conclusion
Initiating a dialogue involving Ladakhi representatives, political leaders, and central government is crucial. The
key lies in finding a solution that respects Ladakh's unique identity and aspirations while considering broader
national framework. Open communication and a willingness to explore alternatives are essential for achieving
a positive outcome.
1.8. NINTH SCHEDULE

Why in news?
Recently, Bihar seeks addition of caste-based laws in ninth schedule.
About Ninth Schedule
• It contains a list of central and state laws that cannot be challenged in court. It was added by First
Constitutional Amendment Act, 1951 by inserting Article 31B (retrospective in nature).
• Article 31B: None of the acts/regulations mentioned in Ninth Schedule shall be considered to be void on
ground that they are inconsistent with any rights.
Criticisms of Ninth Schedule
• Against fundamental rights: As it provides complete blanket protection to Central and State laws.
• Against principle of Judicial review: It deprives the courts power to examine the constitutionality of Acts.
o In L. Chandra Kumar case 1997, SC affirmed that power of judicial review (HCs (Article 226) and SC
(Article 32)) is an essential feature of Constitution.
• Outlived its utility: Originally aimed to safeguard land reform laws from judicial scrutiny. Over the time, it
has expanded to cover unrelated laws related to land reforms, fundamental rights, and DPSPs.
• Tool to realise political gains: For instance, Tamilnadu law granting 69% reservation is included in
Schedule.
Conclusion
Ninth Schedule was put up as a constitutional device to safeguard land reform laws, which were significant at
that point of time. Further, there is need to implement a system for periodic review of laws included in the 9th
Schedule to ensure they remain relevant and necessary. Further, out-dated or unjustified laws could be removed
through a structured and transparent process.

1.9. DELIMITATION COMMISSION
Why in the news?
The Women’s Reservation Act and population disparity between southern and northern states, has triggered an
intense debate about the expected delimitation or redrawing of constituencies after 2026.
About Delimitation
• Act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.
• Responsibility of delimitation is assigned to a high-power body known as Delimitation Commission
(Boundary Commission).
• In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973 and 2002.
• In 2002, 84th Constitutional Amendment was used to freeze delimitation process for Lok Sabha and
State assemblies till at least 2026. As a result, Delimitation Commission could not increase total seats in
Lok Sabha or Assemblies. It may be done only after 2026.
About Delimitation Commission

• Provides equal representation for equal population segments, and fair division of geographical areas.
• Appointed by President of India and works in collaboration with ECI. Commission has three ex-officio
members:
o a serving or retired judge of Supreme Court as chairperson,
o Chief Election Commissioner (CEC) or Election Commissioner nominated by CEC and
o State Election Commissioner of concerned state.

• Its orders have the force of law and cannot be called in question before any court.
Issues arising out of unequal representation
• Decreased Voice of States with Population Control: States like those in the South, which have effectively
controlled population growth, face a diminished influence in national decision-making.
• Disenchantment in Underrepresented States: States facing a decrease in representation may foster
feelings of disenchantment among their population.
• Dilute “One Citizen One Vote’ principle: For example, in UP an MP on average represents around 2.53
million people, compared to 1.84 million in Tamil Nadu, indicating a quantitative dilution.
Conclusion
Delimitation should be carried out after every census to prevent extensive changes and ensure the value of each
elector's vote remains relatively steady. A consensus is needed on addressing the problems that are likely to
arise from this process, including unequal representation and disenchantment among affected populations.
2. ISSUES AND CHALLENGES PERTAINING TO THE

FEDERAL STRUCTURE
2.1. FEDERALISM AT A GLANCE
2.1.1. COOPERATIVE FEDERALISM

Why in news?
Prime Minister recently underlined the importance of cooperative federalism in India.
About Cooperative Federalism
• It is the horizontal relationship between union and states and shows neither is above the other.
o It envisages that national and state agencies undertake government functions jointly rather than
exclusively.
• NITI Aayog acts as a platform to promote cooperative federalism in India.
o Its roles include Collaborative policymaking, Center-state dialogue, etc.
• Constitutional provisions to promote Cooperative Federalism
o 7th Schedule demarcates central, state and concurrent lists.
o Article 312 (All India Services).
o Article 263 (Inter- State Council to discuss common interests of Centre and States).
o Article 280 (Finance Commission recommending distribution of financial resources between Union and
States).
Steps taken to foster Cooperative federalism in India

• Share of states in central tax revenue has been increased to 41% (15th Finance Commission) from 32%
(13th Finance Commission).
• States have freedom to plan their expenditure based on their own priorities.
• Restructure the existing CSS Schemes from 142 into 66 Schemes, including Flagship Programmes.
• Financial sector bailout programme under Ujwal DISCOM Assurance Yojana (UDAY) scheme.
Challenges to cooperative federalism in India
• Over-Centralization of power: For example, during COVID pandemic, Disaster Management Act was used
by centre to effectively bypass States and assume complete control.
• Inter-state river-water disputes: e.g. Cauvery dispute between Karnataka, Tamil Nadu.
• Diversity: Diverse nature of India necessitates tailored policymaking, further complicating cooperation
between central and state governments.
• Inadequate consultation with state: For example, controversy over new farm laws which are opposed by
several states.
Way forward to strengthen cooperative federalism in India
• Transformation: Expand the Inter-State Council's structural and functional scope to function as a quasi-
judicial 'Collaborative Council'.
• Constitutional Status: Grant constitutional status to NITI Aayog to address issues and challenges in
cooperative federalism.
• Financial Allocation: Transfer financial allocation to a permanent Finance Commission to ensure a
balanced, transparent, and distortion-free system of inter-governmental fiscal relations.
• Sharing best practices: Among States on contentious issues like land, labour etc. Example: Karnataka’s
"Bhoomi" project to digitize land record.
2.1.2. FISCAL FEDERALISM

Why in the news?
Recently, some states have moved the Supreme Court against the Centre for disputes over sharing of financial
resources by the Central Government.
About Fiscal Federalism
• Refers to how federal, state, and local governments share funding and administrative responsibilities
within India’s federal system.
• Fiscal federalism is often associated with three broad principles:
o Fiscal Equivalency: It requires a separate jurisdiction for each public service which should include
the set of individuals that consume it.

o Decentralization theorem: Each public service should be provided by the jurisdiction having control
over the minimum geographic area that would internalise the benefits and costs of such provision.
o Principle of Subsidiarity: Functions should be performed at the low level of government, implying
hierarchy.
Issues between Centre-State Financial Relations

• Borrowing Limits: Restricted by the Centre to 3% of Gross State Domestic Product (GSDP) for 2023-24,
based on 15th Finance Commission recommendations.
• Vertical Fiscal Imbalance: The Union government retains tax-raising powers (e.g., income tax, CGST), while
states can only tax goods and services consumption (SGST) post-GST.
• Developmental Expenditure: Combined developmental expenditures by states increased from 8.8% of
GDP in 2004-05 to 12.5% in 2021-22.
• Non-sharing of Cess Revenue: Cess and surcharge collections rose by 133% from 2017-18 to 2022-23,
making up 25% of total taxes but excluded from state distribution.
• Decline in Grants-in-Aid: Grants to states decreased from Rs. 1,95,000 crores in 2015-16 to Rs. 1,65,000
crores in 2023-24.
• Centrally Sponsored Schemes: States finance a higher share of expenditure under these schemes, despite
having no role in their design.
Way Forward
• Role of 16th FC: There needs to be a negotiation with 16th FC for specific-purpose transfers to tackle State-
specific issues like demographic transition, inward and outward migration and climate change crisis.
• Reviewing Off-budget borrowings practices of Union and States.
• Addressing horizontal imbalance: Each state should receive a minimum fiscal resource value, ensuring
rich states get a fair share, and a ceiling is set for poorer states.
• Major principles that should guide fiscal federalism in India include:
o Centre and states should be financially autonomous.
o Both should have enough funds for legitimate expenses.
o Receipts should grow with expenditure needs.
2.1.3. SPECIAL CATEGORY STATUS (SCS)

Why in the news?
Special Category Status demand by Bihar and Andhra Pradesh gained momentum after 2024 Lok Sabha
Elections results.
About Special Category Status (SCS)
• SCS was a classification granted by Centre to assist in development of States that faced geographical
or socioeconomic disadvantages.
o First introduced in 1969 on recommendations of Fifth Finance Commission (FC).
o SCS States used to receive grants based on Gadgil-Mukherjee formula.
• Constitution does not include any provision for categorisation of any State in India as an SCS state.
o However, special provisions are available to as many states that have been listed under Articles 371,
371-A to 371-H, and 371-J.
• Following the recommendations of 14th FC, SCS have ceased to exist and thus no SCS has been
granted to any State.
o Current special funding pattern to Northeastern and Himalayan States, etc. is on account of
recommendations of Sub-Group of Chief Ministers and not as per their SCS.
Benefits associated with Special Category Status

• Funding: In SCS States, Centre-State funding of centrally sponsored schemes (CSS) was divided in 90:10,
far more favourable than 60:40 or 80:20 splits for general category States.
• Continuity of unspent money: In case of unspent money, states with SCS have provision to carry it
forward for next financial year.
• Incentives: E.g. Concession in customs and excise duties, income tax rates and corporate tax rates to
attract investments to set up new industries etc.
Concerns associated with idea of Special Category Status (SCS)
• Lack of consensus on SCS criteria: E.g. SCS granted to Uttarakhand, and denied to Jharkhand and
Chhattisgarh despite being below Uttarakhand on most growth parameters.
• Inter-State Disparities: Granting special status to certain states creates inter-state disparities, leading to
uneven economic and social structures.
• Encourages fiscal indiscipline: Debt-swapping and Debt-relief schemes indirectly encourage states to
spend beyond their servicing capacity, creating long-term liabilities.
o For example, outstanding guarantee as a percentage of GSDP is 20% in J&K, 10% in Himachal Pradesh.
• Fiscal Burden: For SCS, Centre pays 90% of funds which increases fiscal burden on Centre.

Way forward
• Reduce Dependency of SCS states on central assistance: By promoting local industries, infrastructure
creation and diversification of the economy etc.
• Reviewing the criteria to determine SCS states: For example, SCS status can be revised to include
State’s socio-economic backwardness along with low resource base etc.
• Inter-State Collaboration and knowledge sharing among states: To address the challenges and further
strengthen cooperative federalism.
2.2. S.R. BOMMAI JUDGEMENT (1994)

Why in the news?
S. R. Bommai (SRB) v. Union of India (UOI), 1994 Judgment of the Supreme Court (SC) completes 30 years.
Key Questions in SRB’s Case
• One, whether proclamations of President’s Rule were justiciable (liable to judicial review court).
• Two, scope and limits of the President’s powers under Article 356.
o Constitution is silent on what constitutes a failure of constitutional machinery making the provision
vulnerable to misuse.
• Three, what are the consequences if Court hold the proclamation of President’s Rule invalid even after
Parliament has given its approval.
Bommai judgement and Key Principles laid down:
Judicial Review • Presidential proclamation under Article 356 is subject to judicial review on substantial
grounds.
• SC or HC can strike down Proclamation if it is mala fide.
• No restriction on court from examining the material based on which President
formed his satisfaction.
Limits of • President should exercise the power only after his proclamation is approved by
President’s both Houses of Parliament.
powers • Till then, President can only suspend the Legislative Assembly by suspending the
provisions of Constitution relating to Legislative Assembly.
Consequences • Council of Ministers and Legislative Assembly should stand restored.

of invalidation of • Validity of acts done, orders passed and laws, made during period of operation of
President’s Rule proclamation would remain un-effected.
Other Key • Laid down supremacy of floor test in determining the support enjoyed by party in
observations power.
• Article 356 use was justified only when there was a breakdown of constitutional
machinery and not that of administrative machinery.
• Enlisted where the use of exercise of power under Article 356 could be proper or
improper (based on Sarkaria Commission report (1988)).
o Proper: Constitutional direction of Central government is disregarded by state
government (Art 365).
o Improper: State government is not given prior warning to rectify itself except in
case of extreme urgency leading to disastrous consequence.
• Secularism, democracy and federalism are essential features of Constitution and
part of its basic structure.
Impact of S.R. Bommai Judgment
• Restrictive use of Article 356: Between 1995- 2021, President’s Rule imposed only 29 times or little more
than once a year compared to 100 times or average of 2.5 times a year (January 1950- March 1994).
• Strengthen Federalism: Article 356 proclamations justiciable without undermining the President’s
discretionary powers, thus strengthening India’s federalism.
Conclusion
Post-1994, Bommai case was cited several times, making it one of the most quoted verdicts in India’s political
history. As India continues to navigate the complex dynamics of centre-state relations and role of secularism in
governance, principles established in SRB case remain vital in upholding constitutional ideals of federalism and
pluralism.
2.3. INTER-STATE WATER DISPUTE AT A GLANCE
2.4. 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 for Governor
• Provisions regarding bills: Governor Assent is necessary for a bill to become a law (Article 200).
• Reserving bill for President: Such reservation is obligatory, that is, where bill passed by state legislature
endangers the position of state HC. In addition, governor can also reserve the bill if it is of following nature:
o Ultra-vires, i.e. against provisions of Constitution, Opposed to DPSP; Against larger interest of country;
of grave national importance etc.
• Discretionary powers: Governor is bound by aid and advice of CoM except when required to exercise
his/her functions in his/her discretion (Article 163).
Various issues concerning Governor’s role
• Pending decisions: Delays in assent to legislations and crucial appointments leads to a constitutional
deadlock and disrupts parliamentary democracy.
• Administrative inefficiency: Friction between Governor and state government, especially where there is
political difference sometimes leads to deadlock in administrative decisions and appointments.
• Burden on judiciary: Disputes arising from the Governor's exercise of discretionary powers or their actions
regularly leads to legal challenges and interpretations.
Way Forward - Recommendations of different commissions

• Sarkaria Commission:
o Governors should rarely use discretion, only if a Bill contravenes Constitutional provisions, and reserve
it for Presidential consideration.
o Governor appointee should be a detached outsider and a person of eminence in some walks of life.
o Governor should not act as an agent of President and should not be removed from office merely on
ground that the new government at Centre desires a Governor of its choice.
• Punchhi Commission:
o Governor should take a decision with respect to a Bill presented for his/her assent within a period of six
months.
o Governors are expected to be independent, and to act in a manner devoid of any political consideration.
o Governor should have a fixed term of five years, and removal should be through a resolution passed by
the state legislature.
• Venkatachaliah Commission: Governor should make use of advice of CoM in the day-today administration
of state.
2.5. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

(AMENDMENT) ACT 2023
Why in the news?
The Parliament passed the Government of National Capital Territory of Delhi (GNCTD) (Amendment) Act 2023
which repeals National Capital Territory of Delhi (NCTD) (Amendment) Ordinance 2023.
Key provisions of the Act
• Establishes National Capital Civil Services Authority (NCCSA) to make recommendations to LG of Delhi
on certain matters related to services.
o NCCSA consist of Chief Minister of Delhi as chairperson, Principal Home secretary and chief secretary
of Delhi government as a member.
• Functioning of NCCSA: All its decisions will be based on a majority vote of members present and voting.

• Powers of LG: Matters where LG may act solely on his discretion are:
o Matters outside legislative competence of Delhi Legislative Assembly but which have been
delegated to LG, or
o Matters where he/she is required by law to act in his discretion or exercise any judicial or quasi-judicial
functions.
• Primacy to LG: Expands discretionary role of LG by giving him powers to approve recommendations of
the NCCSA or return them for reconsideration.
o In the case of a difference of opinion between LG and NCCSA, LG’s decision will be final.
• Disposal of matters to LG by ministers of Delhi Government, through Chief Minister and Chief Secretary,
for his/her opinion prior to the issue of any order. These include proposals affecting:
o Peace and tranquillity of Delhi; Summoning, prorogation, and dissolution of the Legislative Assembly,
etc.
Key issues with the Act
• Powers to central government: Central government controls officer transfer and posting in Delhi, deviating
from SC’s 2023 judgment in Govt. of NCT of Delhi vs. Union of India.
o NCCSA meetings can be held without the Chief Minister if two members are present.
• Triple Chain of Accountability: Conferring powers over transfer and posting of officers to NCSSA may break
triple chain of accountability.
o According to SC, democratic government rests on a triple chain of accountability:
ü Civil servants are accountable to ministers,
ü Ministers are accountable to legislatures, and
ü Legislatures are accountable to electorate.
• Violates collective responsibility: Department secretaries will bring certain matters directly to LG, Chief
Minister and Chief Secretary without consulting the concerned minister.
• Enhanced discretion of LG: Article 239AA mandates LG to act on CoM’s advice, but GNCTD Act increases
LG’s discretionary powers.
• Non-clarity on controversial matters: Act provides for bringing matters that may bring GNCTD in
controversy with central government to the notice of LG but does not define these controversial matters.
Challenges in Governance of Delhi

• Unclear status: Article 1, read with Article 239, provides that UTs are to be governed solely by
President. However, Delhi’s special status creates ambiguity in administrative process.
• Presence of national and international institutions in Delhi: Requires highest national standards in
governance.
• National Prestige: Any decision taken in respect of Delhi affects the entire country, having the potential
of putting the national reputation, image, credibility, and prestige at stake.
• Delays in decision-making: Due to disagreements between LG and elected government, creating
inefficiencies and uncertainty in governance.
Way Forward
• Adopting Different models for governance of capital cities: These include:
o Capital as a federal district – Abuja, Brasilia, Canberra, Washington DC. There are varying degrees of
federal control over these cities.
o Capital as city-states – Berlin, Brussels, Buenos Aires. Here, city government carries out state
functions.
• Decentralisation of decision-making: In Australia, Sydney is divided into 31 local governments,
coordinated by the state government.
• Domain demarcation: Places with Central government offices under central administration; rest of NCT
under Delhi state.

• Enforcement powers: Municipalities can be provided with community police for civil compliance, while
Delhi police handle criminal issues
2.6. ONE NATION ONE LANGUAGE

Why in the news?
Recently, Union Home Minister urged the use of Hindi as the lingua franca, rather than English, in inter-State
communication.
About Hindi Language
• Hindi belongs to Indo-Aryan branch of Indo-European family of languages. It is a descendant of Sanskrit,
which is an ancient Indian language.
• In 1949, Constituent Assembly adopted Hindi, along with English, as Official Language of Union of India.
• In 1950, Constitution of India declared Hindi in Devanagari script as Official language of India under
Article 343.
• Official Languages Act, 1963 provided that English ‘may’ still be used along with Hindi for official
communication.
• As per 2011 linguistic census, Hindi is most widely spoken by 52.8 crore individuals, or 43.6% of
population, followed by Bengali and Marathi.
Need of one nation and one language Issues with one nation and one language
• Brotherhood spirit: Bring together Indian • Against diversity: With 19,569 mother tongues
Diaspora and reduced the gap between North (Census 2011), imposing one language
and South India. undermines diversity.
• Administrative efficiency: One language can • Federal issue: Only 12 out of 36 states and UTs
address the issue of language becoming a chose Hindi as their first language (Census 2011).
barrier to understand people’s aspirations and • Pluralistic Society: The idea of one national
needs. language is rooted in colonialism and contradicts
India's multilingual history and culture.
• Enhance Service delivery: For example, in • Secessionist tendency: For instance, Imposing
healthcare, language barrier can lead to Urdu on East Pakistan contributed to the creation
misdiagnosis; one language can overcome such of Bangladesh.
issue and ensure quality care and patient safety. • Economic Impact: Slow down migration, reduce
• Saves government money and time that would capital flow and increase regional imbalances.
have been spent translating various public • Threat to minority language: The extinction of the
documents. Bo language in the Andaman and Nicobar Islands
• Promotes understanding and economic exemplifies the threat to minority languages.
cooperation and facilitates communication of
ideas, values and beliefs.
Conclusion
Having a single language throughout India by consensus will strengthen the brotherhood spirit, enhance
administrative efficiency etc. However, Article 29 states that citizens have the right to protect their specific
language, script, and culture. Therefore, while implementing one nation one language, steps should also be
taken by State governments to strengthen local languages, preserve ancient philosophy and respect linguistic
diversity.
3. PARLIAMENT AND STATE LEGISLATURES:

STRUCTURE AND FUNCTIONING
3.1. PARLIAMENTARY PRIVILEGES OF LAWMAKERS
Why in the news?
Recently, Supreme Court set up a seven-judge bench headed by Chief Justice of India for reconsideration of
its 1998 five-judge Constitution bench judgement in P V Narasimha Rao case.
About Parliamentary Privileges
• Parliamentary privileges are a legal immunity enjoyed by members of legislatures, in which legislators
are granted protection against civil/ criminal liability for certain actions done or statements made in
course of their legislative duties.
• So far, neither Parliament nor any State legislature has enacted any legislation that defines the powers,
privileges and immunities of the Houses, or that of its members and committees.
What are the provisions that grant legislators immunity from prosecution?
• Powers and privileges of both Houses of Parliament and its members and committees (Article 105, Article
194).
• Right to Prohibit Publication of Proceedings (Article 105(2), Article (194(2)).
• No member is liable to any proceedings in any court for anything said or any vote given by him in
Parliament or its committees (Article 105(2)).
o This freedom is subject to provisions under Article 118 (rules and procedures of parliament).
o However, Article 121 restricts members from discussing the conduct of judges of SC and HC.
• Freedom from arrest of members in civil cases during a session and 40 days before it’s commencement
and 40 days after conclusion.
o An MP doesn’t enjoy any immunity against action in a criminal case, during the session or otherwise.
o Parliament reserves the right to receive immediate information of arrest, detention, conviction,
imprisonment, and release of a member on a criminal charge.
• Right to Exclude Strangers by Members of house from proceedings for securing free and fair discussion in
house.
o Also, as per Article 122, validity of any proceeding of Parliament can’t be inquired into by a court on
grounds of alleged irregularity of procedure.
Need for reform in Parliamentary Privileges

• Lack of oversight: To prevent members of house from using privileges for personal or official gains/interest.
• Against Natural justice: As breach of privilege laws allows politicians to judge their own cases.

• Absence of codified privileges: It gives unlimited power to house to decide when and how a breach of
privilege occurs.
• Privileges shield lawmakers: From prosecution as, civil cases cannot be initiated when the House is in
session.
• Misuse of powers and rights by MPs and MLAs: It may result in violation of fundamental rights of citizens.
Way Forward
Providing immunity to parliamentarians is essential. However, urgent steps are required to ensure
constitutionalism such as codifying privileges, establishing standard operating procedures in case of
breach of privilege etc. Also, Parliament can establish clear boundaries by enacting specific legislation to
monitor the misuse of parliamentary privileges by its members.
3.1.1 EXPULSION OF LAWMAKERS

Why in the news?
Recently, Lok Sabha has expelled one of its members accused of accepting gifts and illegal gratification.
Expulsion of Lawmakers in India
Expulsion of an MP in India can be on a constitutional as well as legal (Rules of the house) basis. While the rules
of the house provide for the suspension of MPs, members can also be expelled through these rules.
• Constitutional basis of expulsion: An MP found guilty of breach of privileges or contempt of house can
be suspended from house or face expulsion.
o Article 122 says parliamentary proceedings can’t be questioned by judiciary, although courts have
intervened in some cases.
ü In Raja Rampal case (2007), Court upheld the expulsion of Raja Ram Pal but noted that proceedings
tainted by substantial illegality are open to judicial scrutiny.
• Legal basis of suspension and expulsions of MPs:
o Presiding Officer of House has power to force a Member to withdraw from House.
o In cases of extreme misconduct, House may expel a member “to rid the House of persons who are unfit
for membership.”
Disqualification of Members of Either House of Parliament

• Constitutional Provisions: Article 102 provides for disqualification of members under certain conditions
like if he holds any office of profit under Union or state government; disqualified under any law made
by Parliament etc.
• Criteria for disqualification under RPA, 1951: If convicted and sentenced to imprisonment for two years
or more.
o If an MP is found guilty of certain election offences or corrupt practices in the elections.
• Tenth Schedule (Introduced in Constitution by 52nd Amendment Act 1985): Person shall be
disqualified from being a MP if he is so disqualified on ground of defection under Tenth Schedule.
Please note that expulsion and disqualification are not the same. Under disqualification, MP cannot
contest the elections further while under expulsion he/she can.
Comparison of Indian and US forms of expulsion

Basis Indian process of expulsion US process of expulsion
Conduct that Breach of Privileges and contempt No limitation on Congressional power to
warrants of House/Disregarding Rules of determine what conduct warrants expulsion.
expulsion Procedure and Conduct of Business
Majority Simple majority is needed for A two-thirds majority of the House is
required passing a motion in each house. required.
Ethics Involvement of ethics committee is Recommendation from ethics committee is

Committee not always necessary for expulsion. required.
Disqualifications A total of 17 MPs have been Only 6 House of Representatives have been
expelled (indicating relatively simple expelled (indicating relatively complex
procedure). process).
3.1.2. IMPEACHMENT IN US AND INDIA

Why in news?
US House of Representatives voted to formally open an impeachment inquiry into the President.
Impeachment in US and India
Specification USA India
Applicability President, Vice President, and all civil officers Only President (under Article 61).
of Federal Government.
Grounds of Treason, Bribery, or other high crimes and Violation of Constitution
Impeachment misdemeanors.
Process • Charges: Any member of House of • Charges preferred by: Either
Representatives. House of Parliament provided
• Voting: Simple majority of House of such charges are signed by at
Representatives. least 1/4th of members of House.
• Presiding Officer for trials: Chief Justice of • Voting: Resolution needs to be
US. passed by not less than 2/3rd of
total membership of each House.
o Once passed in one House, it
is sent to other House, where
an investigation into charges
precedes vote on resolution.
• Presiding Officer: Presiding
Officer of respective Houses.
Consequence • Impeachment serves as an indictment, not • Impeachment results in removal
removal. of President from office.
• After impeachment, Senate (upper house) • No President has been

is convened like a court. President can only impeached so far.
be removed if at least 2/3rd of Senate votes
for it after hearings.
• Andrew Johnson, Bill Clinton, and Donald
Trump were impeached but none were
removed.
3.2. PARLIAMENTARY FUNCTIONING

Why in news?
17th Lok Sabha (LS) held 274 sittings as compared to 331 sittings in 16th Lok Sabha.
Recent instances of reduced Parliament Functioning
• Absence of Bill scrutiny: In 17th LS, 45 of 222 bills were passed through Parliament same day of introduction
(ADR report). E.g. Government of Union Territories (Amendment) Bill, 2023.
• Referral of bills to parliamentary committees: Declining trend, with only 28% in 16th LS and 16% in 17th
LS.

• Reducing attendances: On average, MPs had 79% attendance during 17th LS compared to 81% (16th LS).
Why it is important to ensure functioning of Parliament?

• Central role in democracy: Parliament has central role in democracy as representative body that checks
and balances the work of government.
• Examining Legislation: It scrutinizes legislative proposals, understanding their nuances and implications.
• Constitutional Mandate: Parliament fulfill its constitutional mandate i.e. 3Ds (Debate, Discussion and
Deliberation).
• Ensuring Accountability: Under Article 75, it ensures collective responsibility of the Council of Ministers to
the Lok Sabha.
How Parliamentary functioning can be improved?
• Increase sittings: National Commission to Review the Working of Constitution has recommended
minimum number of sittings for Lok Sabha and Rajya Sabha should be fixed at 120 and 100 respectively.
• Institutional research support for MPs: To examine issues that are technical in nature and serve as
expert bodies to examine complex policy issues.
• Committee referrals: Referring bills to committees and extend their tenure to fully utilise their technical
expertise on a particular subject in legislative work.
• Responsible Opposition: Members must question, object and suggest alternative courses of action
through reasoned and persuasive argument.
3.3. OFFICE OF SPEAKER

Why in news?
Recently, Shri Om Birla has been re-elected as the Speaker of the 18th Lok Sabha.
About office of Speaker
• Head of Lok Sabha, and its representative. It is constitutional office under Article 93.
• Guardian of rights and privileges of the members.
o Speaker maintains order and decorum in House for conducting its business and regulating its
proceedings.
• Ultimate interpreter and arbiter of provisions which relate to functioning of House.
Issues in functioning of office of speaker
• Role under anti-defection law: For instance, a disqualification petition was pending for almost three
years before Manipur Speaker in 2020.
o In Nabam Rebia case (2016), SC held that a speaker or Deputy Speaker facing notice of removal cannot
decide disqualification proceedings against legislators.

• On declaring money bill: For e.g., Speaker’s decision to certify Aadhaar bill as money bill.
• Allegations of bias and favouritism: For instance, suspension of opposition MLAs of Tamil Nadu Assembly
in 2016, where members of a party were evicted en masse from House while protesting.
• Allegations of partisanship: In Britain, Speaker relinquishes party membership for impartiality. In India, this
convention is not observed, affecting Speaker's impartiality.
Suggestions to reform office of speaker

• Reduce role of speaker in Anti-defection law: In Keisham Meghachandra Singh case, SC said that
current mechanism where disqualification petitions are entrusted to a Speaker, can be replaced by a
permanent Tribunal.
• Follow Britain’s model: As per British convention, parties refrain from opposing the Speaker during
elections to uphold impartiality.
• Continuation based on performance: Page Committee recommended allowing the Speaker to continue in
next Parliament if they exhibited impartiality and efficiency during their tenure.
• Restrictions on political office: Speaker should be ineligible for future political positions, with certain
exceptions, while being granted a lifelong pension.
Conclusion
A watchful Parliament forms the foundation of a well-functioning democracy. The presiding officers of
Parliament are the key to securing the effectiveness of this institution. Thus, it is important to ensure
impartiality, fairness and autonomy in decision-making in the office of Speaker.
3.4. ANTI-DEFECTION LAW

Why in news?
Recently, Maharashtra Assembly Speaker dismissed all petitions seeking disqualification of MLAs under anti-
defection law.
What is Anti-Defection Law (ADL)?
• ADL is a legislative framework to prevent elected MPs and state legislatures from switching political
parties or voting against the party's directives after their election.
o It was enacted in 1985 as 10th Schedule.
• International scenario on ADL
o Among Commonwealth countries, ADL is prevalent in 23 nations.
o In UK Parliament, a member is free to cross over to other side, without being daunted by any

disqualification law.
o In US, Canada, and Australia, there is no restraint on legislators switching sides.
Why anti-defection law needs an overhaul?

• Absolute Power to presiding officer: To decide case related to disqualification of members on grounds of
defection.
• Unable to curb instability: Limited space for dissent among elected representatives has led to mass
defections and government instability.
• Expulsion does not attract disqualification: ADL addresses voluntary defection but not expulsion of a
member, creating a potential loophole for exploiting and joining another party.
• No liability for political parties: It only punishes legislators for switching parties.
• Problem with merger provision: It is based on number of members rather than reason behind defection.
• To upheld representative government: Anti- Defection law restricts freedom of speech and legislation and
reduce accountability of elected representatives.
What can be done to overcome these issues?

• Defining defection: Defining actions or conduct which constitutes defection that does not inhibit
independent thinking and expression by legislators.
• 2nd ARC recommendation: Issue of disqualification of members on grounds of defection should be decided
by President/Governor on advice of EC.
• Intra party democracy: It will indirectly create more acceptance for divergence of opinion and stance within
party.
• Active involvement of ethics committee: As done in Cash for Query scam, can help in curbing horse
trading of legislators.
• Bring more clarity: Law must explicitly set out what it means by words ‘voluntarily giving up
Membership’ to avoid any confusion.
3.5. DELEGATED LEGISLATION

Why in the news?
Recently, SC observed that a delegated legislation which is ultra vires the parent Act cannot be given any effect.
About Delegated Legislation
• It is a process by which executive authority is given powers by primary legislation to make laws to
implement and administer requirements of that primary legislation.
• Purpose of Delegated Legislation
o Enables government to make a law without having to wait for a new act of Parliament to be passed.
o Reduces pressure on Parliament.
o Modern Administration getting more complex, so there is need to provide more powers to different
authorities on specific occasions.
• Circumstances where Delegated Legislation would be invalid
o Fundamental Rights or any Constitutional provisions violated.
o Rules/Regulations are ultra vires the provisions of parent Act and fail to conform to the substantive
provisions of the statute.
o Executive did not have the legislative competence to frame the said rule or regulation.
o SC has held that Legislature cannot delegate its 'essential legislative functions' to executive branch.
Issues in Delegated Legislation
• Low Scrutiny of Delegated Legislation
• High frequency to notify rules and regulations: For Example, since enforcement of Companies Act 2013,
MCA has notified 56 Rules under Act, and issued 181 Circulars.
• Against the spirit of Democracy: As unelected person is involved in rules framing and Political motive can
also come in delegated legislation.
• Abuse of ruling making powers by executive: Bad rules will inevitably lead to litigation and increase the
existing backlog of cases.
• Overlapping of the Function: As the delegated authorities get work to amend the legislation that is the
function of legislators.
Way forward

• Coordination between MPs and Committees: When an MP refers subordinate legislation to a committee
for analysis, the committee must undertake the review and report to the house within a specified timeframe.
• Parliament Procedures: Amendments should require a vote to affirm each rule presented before
Parliament.
• Additional Working Committees: Create additional working committees within the Standing Committee
on Subordinate Legislation to conduct thorough rule analysis.
• Delays in Drafting Rules: Any delay in drafting rules within six months of an Act's commencement must be
reported to the committee with reasons.
4. STRUCTURE AND FUNCTIONING OF JUDICIARY AND

OTHER QUASI-JUDICIAL BODIES
4.1. 75 YEARS OF THE SUPREME COURT OF INDIA AT A GLANCE
4.2. CRIMINAL JUSTICE SYSTEM AT A GLANCE
4.2.1. CRIMINAL LAW REFORM ACTS

Why in the news?
Three new criminal laws—Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya
Sakshya Adhiniyam—came into effect across the country on, July 1
4.2.1.1. BHARATIYA NYAYA SANHITA 2023

Objective
It replaces Indian Penal Code (IPC), 1860 which continued outdated provisions that did not align with the
evolving modern rights.
Background
• Prior to IPC 1860: Indian criminal law consisted of a complex array of Parliamentary Charters and Acts, East
India Company Regulations, Hindu law, Muslim law, customary law etc.
• Post enactment of IPC 1860: Several Law Commission reports have recommended amendments to IPC
on subjects including offences against women, food adulteration, death penalty etc.
Key provisions of Bharatiya Nyaya Sanhita 2023
• Provide Community service (for the first time) as one of the punishments for petty offences.
• Sexual offences against women: Increases threshold for gangrape victim to be classified as a major,
from 16 to 18 years of age.
o Criminalizes sexual intercourse with a woman by deceitful means or making false promises.
• Removes offence of sedition: It instead penalizes the following:
o Exciting or attempting to excite secession, armed rebellion, or subversive activities
o Encouraging feelings of separatist activities, or
o Endangering sovereignty or unity and integrity of India.
• Defines terrorism as an act that intends to threaten the unity, integrity, security or economic security of
country, or strike terror in the people or any section of people in India or in any foreign country.
• Defines organised crime as any continuing unlawful activity including kidnapping, extortion, cybercrime
etc. carried by an individual or a group, either as a member or on behalf of an organised crime syndicate.
Potential Impact
• Subjective interpretation: Unclear definitions of “criminal activity” may lead to their improper application
and affect Freedom of Speech and Expression. For example-
o “Subversive activities” might include any form of critique, or ‘Terrorist acts’, which now include damage
to property and provocation or intimidation.
• Discretionary police powers: Police have enhanced discretionary powers to choose between prosecuting
under new laws or existing statutes like UAPA without clear guidelines, leading to inconsistent application
and concerns about fairness and accountability.
• Delays in existing trials: Though new bills exclude their application to pending proceedings and trials,
courts are likely to be bombarded with interpretation, resulting in delays in the actual trial of the offences.
Conclusion
The new law has been drafted by a democratically elected Government, 160 years after IPC 1860, purportedly
with a focus on delivering Nyaya (Justice) as opposed to the earlier Penal code that focused on punishments.
4.2.1.2. BHARATIYA NAGARIK SURAKSHA SANHITA 2023

Objective
It replaces CrPC, 1973 which provided for procedure for arrest, prosecution, and bail under various Acts,
including IPC 1860.
Background
• Genesis: CrPC was first enacted in 1861 under British rule and later substituted by fresh Codes successively
enacted in 1872 and 1882.
o It had undergone several amendments, most importantly in 1898, 1923 and 1955.
• CrPC 1973: Law Commission of India, in its 41st report, recommended a significant revision of code,
which led to the creation of CrPC 1973.
Key provisions of Bharatiya Nagarik Suraksha Sanhita 2023
• Detention of undertrials: First-time offender completed one-third of maximum period of imprisonment
specified for such offence shall be released on bond.
o If an accused has spent half of maximum period of imprisonment specified for an offence, he shall be
released by Court on bail.
ü This does not apply to offences punishable by death, life imprisonment, and persons against
whom proceedings are pending in more than one offence.
• Medical examination of accused in certain cases, including rape cases can be requested by any police
officer.
• Mandates Forensic investigation for offences punishable with at least seven years of imprisonment. If a
state does not have forensics facility, it shall utilise such facility in another state.

• Empowers Magistrate to order any person, whether arrested or not, to provide specimen signatures,
handwriting, finger impressions and voice samples.
• Timelines for procedures. For instance, submission of medical reports to investigating officer, giving
judgment, informing victim of progress of investigation and framing of charges.
Conclusion
Incorporation of forensic science, prescribed time limits for the police, lawyers and judges is expected to
expidite justice delivery.
4.2.1.3. BHARATIYA SAKSHYA ADHINIYAM 2023

Objective
It replaces Indian Evidence Act (IEA), 1872 which governed the admissibility of evidence in Indian Courts in all
civil and criminal proceedings.
Background
• Genesis: IEA 1872 was enacted to consolidate laws relating to evidence on which the court could come
to a conclusion and pronounce the judgment.
o IEA has been amended several times, most recently in 2000 to provide for admissibility of electronic
records as secondary evidence and in 2013, to add provisions related to consent in cases of rape.
• Primary issue: IEA did not address technological advancement undergone in country during the last few
decades.
Key Provisions of Bharatiya Sakshya Adhiniyam 2023
• Admissibility of electronic or digital records as evidence. It expands electronic records to include

information stored in semiconductor memory or any communication devices (smartphones, laptops),
emails, server logs etc.
• Electronic records will be considered as documents apart from writings, maps, and caricatures.
• Allows oral evidence to be given electronically, which includes statements made before Courts by
witnesses in relation to a fact under inquiry.
• Joint trials: 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 (trial of more than one person for same offence).
Potential Impact
• Expansion in use of electronic evidence: This can lead to a reduction in wrongful convictions and provide
help in investigating cases faster.
• Issues of privacy: It emerges from seizure of electronic devices and access to sensitive information that
may be stored within them.
Conclusion
The three laws present an opportunity to truly decolonise the criminal justice system and uphold constitutional
values in criminal processes. A framework for regular monitoring and periodic review of new criminal laws will
also go a long way in modernising the criminal justice system.
4.2.2. PRISON REFORM

Why in the news?
Parliamentary Committee on Home Affairs submitted report on ‘Prison conditions, Infrastructure and
Reforms’.
Governance of Prisons in India
• Prisons/ Persons detained therein is a 'State' subject.
• However, given the significance of prisons in Criminal Justice System, Ministry of Home Affairs has been
providing regular guidance and support to States and UTs on matter.
Steps taken by the Centre for Prison Reforms

• Model Prison Manual 2016 aims to standardize prison administration and prisoner management
nationwide.
• Model Prisons and Correctional Services Act, 2023 replaces Prisons Act (1894) and assimilates relevant
provisions of Prisoners Act (1900) and Transfer of Prisoners Act (1950).
• E- Prison Project introduced efficiency in prison management.
• Modernization of Prison Scheme for enhancing infrastructure and other logistical facilities in jails.
Way ahead
• Recommendations of Parliamentary Committee on Home Affairs
o Implement “Support to Poor Prisoners programme” announced in the Union Budget 2023.
o Utilise technology like trackable bracelets to keep track of prisoners on bail.
o Renovate colonial-era prisons to preserve their heritage and earn revenue by encouraging tourism.
o State Governments may create a Prison Development Fund for the welfare activities of the prisoners.
• Recommendations of Mulla Committee, 1980 on Jail Reforms
o Setting up an All India Service called Indian Prisons & Correctional Service.
o After-care, rehabilitation and probation to be an integral part of prison service.
o Press and public to be allowed inside prisons and allied correctional institutions periodically.
o Undertrials in jails to be reduced to bare minimum and they be kept away from convicts.
4.3. TRIBUNAL SYSTEM IN INDIA

Why in the News?
Recently, the Supreme Court (SC) ruled that tribunals cannot direct the government to frame policy and
making policy is not in the domain of the Judiciary.
About Tribunals System
• Nature: Quasi-judicial bodies.
• Objective: Reduce the caseload of the judiciary or to bring in subject expertise for technical matters.
• Composition of Tribunals: Presence of expert members (technical members) along with judicial
members is a key feature of tribunals which distinguishes them from traditional courts.
• Jurisdiction: Each tribunal is given specific jurisdiction to hear and decide cases within its designated area
of expertise. Some tribunals have appellate jurisdiction.
• Appeals: Appeals from tribunals usually lie with the concerned High Court. However, some laws specify
that appeals will be heard by Supreme Court.
o In Chandra Kumar Case (1997), appeals against decisions of tribunals were allowed in division bench
of High Courts.
• Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High
Courts.
• In 1976, Articles 323A and 323B were inserted in Constitution through 42nd Amendment.
Significance of Tribunals
• Specialization: It ensures that cases are adjudicated by individuals with a deep understanding of relevant
legal and technical issues.
• Speedy Resolution: Timely decisions in crucial areas such as service matters, tax disputes, and
environmental issues.
• Geographically dispersed: Benches located nationwide ensure accessibility.
• Efficiency in Service Matters: Administrative Tribunals, like Central Administrative Tribunal (CAT),
expedite the resolution of service-related matters for government employees.
Concerns with Tribunals
• Lack of Independence: In 2019, SC reiterated that lack of judicial dominance in selection committees of
tribunals violates the doctrine of separation of powers.
• Pendency of cases: For example, over 7,500 pending cases at Motor Accident Claims Tribunal
• Term of office: In 2019, SC stated that a short tenure of members along with provisions of re-appointment
increases the influence and control of the Executive over the judiciary.
• Overlapping Jurisdictions between tribunals and regular courts, leading to confusion and potential
conflicts.
• Concerns Regarding Technical Members: In certain tribunals, technical members may lack legal
qualifications.
Way Ahead
• Administration of Tribunals: The 2015 Standing Committee on Personnel, Public Grievances, Law and
Justice recommended creating the National Tribunals Commission (NTC) for tribunal administration.
o In 2020, the SC also emphasized establishing the NTC for supervising appointments and administration.
• Timely Appointments: Expedite tribunal member appointments to prevent delays and reduce case
backlogs.
• Judicial Impact Assessment: Assess the extra resources needed to handle new cases resulting from new
laws, aiding in efficient judicial administration.
4.4. JUDICIAL REFORMS

4.4.1. JUDICIAL APPOINTMENTS
Why in news?
Recently, Supreme Court Registry has refused to accept a petition to end the Collegium system of judicial
appointments.
System of Judges Appointment in India
• Constitutional mandate: President shall make SC Judges appointments after consulting with CJI and other
SC and HC judges as he considers necessary (Article 124).
o While for HC judges’ appointment, President (under Article 217) should consult CJI, Governor, and
Chief Justice of High Court concerned.
• Collegium system: Committee of CJI, four senior judges of SC and three members of HC (in case of
appointments in the said HCs) take decisions related to appointments and transfer of judges in SC and
HC.
• Three judges’ cases have come from 1981 to 1998 which sets collegium system for appointing judges.

Issues in Judges Appointment/ Collegium system in India
• Judges appointing judges: This undermines the separation of powers and the principle of checks and
balances.
• Lack of transparency: The closed-door nature of appointments creates apprehensions about the process.
• Administrative challenge: Appointing and transferring judges is inefficient without a dedicated secretariat
or background-check mechanism.
• Promotion of mediocrity: Limitation of the choice from HC for appointments to SC, overlooking several
talented junior judges and advocates.
Steps to ensure transparency in judicial appointments
• Search-cum-Evaluation Committee (SEC): Establish SECs, as proposed by the Ministry of Law and Justice,
to enhance transparency in judicial appointments through the collegium system.
o SECs will prepare panels of eligible candidates for collegiums to recommend.
• Objective Eligibility Criteria: Eligibility criteria to judge performance and suitability must be formulated
objectively and must be made public.
• Inclusive Selection Process: Selection process of judges has to be transparent and fair, which is only
possible by involving other two branches i.e. Executive and Legislature in process of appointments.
o The Law Commission recommends a law to restore CJI's primacy while including the Executive in
appointments.
• Public Disclosure: Make SC collegium decisions public to reduce the secrecy surrounding judicial
appointments.
4.4.1.1. ALL INDIA JUDICIAL SERVICES (AIJS)

Why in the news?
Recently during the Constitution Day 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 level of additional district judges and
district judges for all states. In same way that UPSC conducts central recruitment process and assigns
candidates to cadres.
• Genesis of AIJS: First proposed by 14th Report of Law Commission of India on judicial reforms in 1958.
• Constitutionality: Provision of AIJS was included in Article 312 through 42nd Amendment in 1976.
• Judiciary’s view on AIJS:
o In 1992, SC in All India Judges’ Association v. Union of India directed the Centre to set up an AIJS.
o In 1996, First National Judicial Pay Commission (Shetty Commission) provided a roadmap for
creation of AIJS.
o In 2017, SC took suo motu cognizance of issue of appointment of district judges and mooted a “Central
Selection Mechanism”.
• Parliamentary Viewpoint: In 2006, Parliamentary Standing Committee on Personnel, Public Grievances,
Law, and Justice in its 15th Report backed the idea of a pan-Indian judicial service, and prepared a draft
Bill.
Need for AIJS

• Reduce pendency of cases: Only Kerala and Punjab could achieve case clearance rates of 100% or more
at both HC and Subordinate court levels, resulting in improving ease of doing business.
• Solution to judicial vacancies: More than 25% of seats are vacant in High Courts across the country.
• Qualified legal talent: Induction of qualified legal talent selected through a proper all-India merit selection
system (116th Law Commission Report).
• Social Inclusivity: Reservation in selection process will address the issue of lack of representation of
marginalized and deprived sections of society (India Justice Report 2022).
• Improving quality and efficiency of Judiciary
Issues with setting up an AIJS
• Structural issues: E.g. infrastructural issues or varying pay and remuneration across states.
o National Commission to Review the Working of the Constitution was of the view that an AIJS would
not be a better alternative to the existing system (2002).
• Career uncertainty: Students may have reservations about promotion in AIJS and career growth in initial
stages.
• Local language barrier: It indirectly affect the efficiency of Judicial Process.
• Difference of opinion among the States and HCs.
Way forward to effectively implement AIJS
• Pilot Project: Launch a pilot in select states to evaluate effectiveness and feasibility.

• Stakeholder Consultation: Consult state governments and high courts in designing the recruitment
process to gain broader support.
• Local Language Issues: Include a local language proficiency test in the recruitment process.
• Feedback and Improvement: Establish a monitoring mechanism to ensure efficient system operation.
4.4.2. REGIONAL BENCHES OF SUPREME COURT

Why in the news?
Recently, Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice informed
the Parliament about the government’s acceptance of its recommendation to establish regional benches of
SC.
Need of Regional benches of SC
• Access to justice: Regional Benches would take justice near to common citizen thereby upholding access
to justice which is a fundamental right under Articles 14 and 21.
o Article 39A provides for Equal justice and free legal aid.
• Reduce geographical bias: E.g. language barrier, issues in finding lawyers, high cost of travel and stay in
Delhi etc.
• Reduce litigation cost to common man.
• Increase number of Judges in SC, thereby increasing the Judge to Population ratio.
• Constitutional mandate: Supreme Court shall sit in Delhi or in such other place or places, as the Chief
Justice of India may, with the approval of the President, from time to time, appoint (Article 130).
Challenges in the creation of regional benches
• Opposition from SC: SC has been rejecting the proposal for setting up Benches of SC at a place outside
Delhi.
• Affect unitary character of the SC: Multiple regional benches could lead to more divergent views within
SC.
• Increase Litigation: Rise of conflicting precedents resulting in increased litigation.
• Might reduce position of SC: Regional benches of SC, deciding only appellate matters would reduce
position of SC.
• Case categorization challenges: Identifying and categorizing cases of constitutional significance is
difficult. CJI may have exclusive power to determine which case is to be classified as a case of Constitutional
importance.
Way Forward
• Recommendations of Law Commission’s recommendations on regional benches of SC
o 95th Report of Law Commission (1984): SC should consist of two Divisions, namely, Constitutional
Division and Legal Division.
o 229th Report of Law Commission (2009): Recommended setting up Constitution Bench at Delhi and
four Cassation Benches in Delhi, Chennai/Hyderabad, Kolkata and Mumbai.
• Promote Hybrid/Virtual hearing: Virtual court may help speedy disposal of cases, reduce litigation costs
and address geographical barriers in access to justice.
• Learning from the system prevalent in other countries: E.g. France which implements a system
comprising a separate court of appeal and courts of cassation.
• Constitutional amendment for separate court: Government may explore the possibility of a
constitutional amendment to separate the functions of SC into constitutional and appellate.
• Facilitate Judicial Reforms: E.g. Enhancement of number of judicial staff and judges, improve judicial
infrastructure, promote judicial accountability etc. to improve the efficiency of the judiciary at all levels.
4.4.3. FAST TRACK SPECIAL COURTS (FTSCS)

Why in the news?
Union Cabinet approves continuation of Fast Track Special Courts (FTSCs) Scheme until March 31, 2026.
Fast Track Special Courts (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 in country.
About Fast Track Special Courts
• Fast Track Special Courts (FTSCs): Dedicated to handling pending rape and POCSO Act cases, providing
swift justice.
• Criminal Law (Amendment) Act 2018: Introduced stringent punishments, including the death penalty for
rape, leading to FTSCs' creation.
• Integration: Linked to National Judicial Data Grid.
• Operational Reach: 761 FTSCs, including 414 exclusive POCSO Courts, in 30 states and UTs, have resolved
over 1.95 lakh cases
Way Forward
• Increase FTSCs: Expand the number of courts, focusing on both metropolitan and remote areas.
• Monitoring and Evaluation: Regularly assess court performance.
• Selection and Training: Choose judicial officers and prosecutors based on skills and provide specialized
training.
• Collaboration Mechanisms: Foster cooperation with court agencies and NGOs.
• Victim Support Services: Ensure comprehensive support including interpreters, social workers, and
trauma reduction measures.
4.5. JUDICIAL ACCOUNTABILITY

Why in news?
Recently, the Orissa High Court became the first in the country to publish an annual report that gives insights
into the performance of the state’s judiciary.
About Judicial Accountability
• It is defined as the set of mechanisms aimed at making judges and courts personally or institutionally

responsible for behaviours and decisions contrary to constitutional or legal standards.
• It improves efficiency and transparency in delivering judgements, ensures faith of citizens in democratic
institutions etc.
• Constitution follows principle of separation of power where checks and balances exit on every organ’s
conduct.
o However, being the protector of Fundamental Rights, judiciary is required to be independent and outside
influence of political and economic entities.
o Under Article 235, Constitution provides for ‘control’ of High Court over the subordinate judiciary
clearly indicating the provision of an effective mechanism to enforce accountability.
Issues with Judicial Accountability
• Collegium System: Judges appointing judges concentrates power among judges, promoting nepotism and
violating checks and balances.
• In-house Functioning: Judiciary's opaque functioning in case allocation, appointments, and disciplinary
actions is informal and inefficient.
• Information Asymmetry: Judiciary remains largely outside the RTI Act, restricting information access and
hindering accountability.
• Judicial Overreach: While judicial activism protects rights, instances of overreach, like scrapping the NJAC
Act, violate the separation of powers principle.
Judicial Independence vs Judicial Accountability
• Judicial independence means absence of judiciary dependence on other organs of State i.e. Executive
and Legislature, along with power of judiciary to administer justice impartially and honestly.
o Provisions highlighting judicial independence include Security of tenure, no discussion on conduct
of judges in Parliament, Prohibition on practice after retirement.
• Both the terms are interrelated in sense that excessive independence can decrease accountability and
vice versa. So, it is necessary to maintain balance between both.
o This balance is achieved by making judiciary accountable for its actions through removal of judges
by parliament, provisions for appeals, revision and review of the orders of courts, ethical code of
conduct for judges etc.
Steps taken to promote Judicial Accountability
• In-House Procedure: Formulated to investigate allegations of misbehavior or misconduct, deemed fit for
inquiry by the CJI and senior colleagues.
• Judicial Accountability Bill, 2023: Under consideration to set judicial standards, ensure accountability of
judges in SC, HC, and District Courts, and establish a mechanism for investigating complaints.
• Use of Technology: LIMBS (Legal Information Management & Briefing System), a web-based application,
monitors cases involving the central government of India effectively and transparently.
Conclusion
A more formal and comprehensive Code of Conduct for Judges should be put in place which is enforceable
by law. Also, Annual reports on functioning and efficiency should be published to foster accountability as
recently done by Orissa High court.
4.6. ALTERNATIVE DISPUTE RESOLUTION (ADR) AT A GLANCE

4.6.1. MEDIATION ACT, 2023

Why in the news?
Parliament received the assent of the President on the Mediation Act,2023 to promote mediation as a preferred
mode of Alternative dispute resolution (ADR) in India.
About Mediation Act, 2023
• Defines Mediation: It includes expression mediation, pre-litigation mediation, online mediation,
community mediation,
o whereby, parties attempt to reach an amicable settlement of their dispute with assistance of a third
person referred to as mediator.
• Voluntary Pre-litigation Mediation: Parties can attempt to settle civil or commercial disputes by
mediation before approaching any court or certain tribunals.
• Disputes not fit for mediation: relating to claims against minors or persons of unsound mind, involving
criminal prosecution etc.
• Timeline for conducting Mediation: Must be completed within 120 days, which may be extended by
another 60 days with the consent of the parties.
• Establishment of Mediation Council of India (MCI): To make regulations for registration of mediators.
• Defines Mediation Service Providers: As a body/ organization recognized by MCI for conducting
mediation.
• Enforceability: Agreements resulting from mediation will be binding and enforceable in the same manner
as court judgments.
o It can be challenged on grounds of fraud, corruption, impersonation, and disputes not fit for
mediation only.
Need of Mediation Act
• Dedicated Act: Presently, there is no comprehensive law governing the various aspects of mediation.
• Reduces burden of court: Over 5 crore cases were pending in various courts (Ministry of Law and Justice).
• Amicable Solution: Helps to preserve relationships amongst disputants and reduces chance of any future
disputes.

• Fulfilling Singapore Convention commitment: This is in line with India’s commitment as a signatory to
United Nations Convention on International Settlement Agreements Resulting from Mediation.
• Reduces cost of Mediation: Act introduces the concept of online mediation which can reduce the travel
cost of litigants.
• Less Time Consuming as compared to courts.
Concerns related with the Act
• Online Mediation: Only 55% of India have access to internet and only 27% possess compatible devices
(NITI Aayog report).
• Mediation Council requires prior approval from central government before issuing regulations. This raises
conflict of interest as the government is biggest litigant in country.
• Issue of International Mediation: It does not provide for enforcement of settlement agreements resulting
from international mediation conducted outside India.
• No punishment/liability for breaching confidentiality.
Way forward
• Include Government-related disputes: Standing committee had recommended that government-related
disputes be included in the Act.
• Confidentiality agreement: With the start of mediation to ring-fence, any potential breach of confidentiality
needs to have a formal agreement.
o Also, there is a need for the provisions of punishment/liability for breaching confidentiality
• Reducing the disputes from list to ensure that a maximum number of disputes go through pre-litigation
mediation.
4.7. FREE LEGAL AID AT A GLANCE

4.7.1. NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

Why in the news?
Parliamentary Standing Committee submitted its Report on “Review of the working of Legal aid under the
Legal Services Authorities Act, 1987”.
About National Legal Services Authority (NALSA)
• NALSA oversees the implementation of legal aid policies and programs and monitors legal aid activities
across India.
• NALSA grants authority to oversee legal aid initiatives to Legal Services Authority at
National/State/District Level; Taluka/Sub divisional Legal Services Committee; and HC and SC Legal
Services Committees.
• Core principle of NALSA: Ensures impoverished and underprivileged access justice through free legal
services.
• Scope of Legal Aid: Extends to courts, tribunals, and bodies with judicial or quasi-judicial powers.
• Funding: Funded by the central government and distributed to state and district legal services authorities.
• Coverage: Covers weaker sections like women, children, SC/ST members, industrial workmen, PwD,
persons in custody, and human trafficking victims.
Functions of NALSA
• Legal Aid and Assistance: Includes advocate representation, process fee payments, document
preparation, drafting, and translation
• Participation in PILs: Litigation for social justice on behalf of the marginalized under Section 4(d) of Legal
Services Authorities Act.
o Protection of fundamental rights of abandoned and destitute women/widows in Vrindavan.
o Ex: NALSA vs. Union of India (2014) recognizes trans-genders to be third gender.
• Lok Adalats and Mediation: Aimed at resolving legal disputes expeditiously and amicably, thereby reducing
the burden on the formal judicial system.
• Victim Compensation: Through schemes like “Compensation Scheme for Women Victims/Survivors of
Sexual Assault/other Crimes”.

Issues identified in report and Key recommendations
Issues Recommendations/Observations
• Lack of Awareness and Legal Education: • Execute mass media campaigns for legal aid
Despite over 80% eligibility, only 15 awareness.
million have used legal aid since 1995 • NALSA should prioritize assisting vulnerable
(India Justice Report 2019). sections, particularly undertrial prisoners, and study
cases of prolonged detention and bail challenges.
• Budgetary Constraints and Allocations: • Increase Grant-in-aid to NALSA substantially to bridge
0.75 paise per capita annually for year justice gap.
2017-18 (India Justice Report, 2019).
• Role of Lawyers and Compensation: • Mandate lawyers to engage in annual pro bono work.
Lawyers refrain from pro bono due to fee • Senior Advocate Panels for pro bono services in
caps; receive nominal honorarium ranging District Judiciary, High Courts, and Supreme Court.
from 1,500 to 7,500 rupees. • Merit Certificates to Recognize lawyers' pro bono
contributions for judicial career advancement.
• Challenges faced by Lok Adalats: • Revise powers and procedures of Lok Adalats and
Limited powers and procedural equip them with modern technology, adequate
constraints, inability to compel parties to resources, and training to streamline processes and
appear causing delays and insufficient minimize delays.
infrastructure and resources.
• Under-utilisation of Para-Legal • Train PLVs comprehensively, provide resources, fair
Volunteers (PLVs). compensation, and appreciate PLVs' contributions to
enhance motivation.
• Shortage of staff and unfilled vacancies: • Fill vacant positions promptly and consistently to
20 staff members out of its sanctioned 34 prevent accumulation of unfilled vacancies.
positions (December, 2022).
5. ELECTIONS IN INDIA
5.1. CHIEF ELECTION COMMISSIONER AND OTHER ELECTION
COMMISSIONERS ACT, 2023
Why in the news?
President gave her assent to Chief Election Commissioner (CEC) and other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Bill, 2023.
Act replaces Election Commission (Conditions of Service of Election Commissioners and Transaction of
Business) Act, 1991.
• Aim: Regulate appointment, conditions of service and term of office of CEC and other ECs, and procedure
for transaction of business by Election Commission.
• Selection committee: CEC and other ECs shall be appointed by President on recommendation of a
Selection Committee consisting of:
o Prime Minister as Chairperson.
o Leader of Opposition/leader of largest opposition party in Lok Sabha.

o Union Cabinet Minister to be nominated by Prime Minister.
• Search Committee shall prepare a panel of five persons for consideration of Selection Committee, for
appointment as CEC and other ECs.
o It is to be headed by Minister of Law and Justice and comprising two other members not below the
rank of Secretary to Government of India (GoI).
• Eligibility criteria for appointment as CEC and ECs,
o Persons who are holding or have held a post equivalent to rank of Secretary to GoI and
o Should be persons of integrity, who have knowledge of and experience in management and conduct
of elections.
• Salary, term of office and reappointment of CEC and ECs
o Salary: Equal to salary of a Judge of SC.
o Term of office: 6 years from date on which he assumes his office or till he attains age of 65 years,
whichever is earlier.
o Not eligible for Reappointment.
• Removal and resignation: CEC can only be removed in a manner and on grounds similar to that of SC judge
whereas EC can be removed upon CEC recommendation.
o CEC or any EC may resign at any time by writing to the President.
Concerns highlighted with the Act
• Independence of Election Commission: Selection Committee has a majority of members from
government of the day.
o Act drops the CJI from selection committee, as was ruled by SC in Anoop Baranwal case.
• Vacancy in selection Committee: Example, Post of Leader of Opposition in Lok Sabha may be vacant, if
Lok Sabha is dissolved. In such case, Selection Committee will consist exclusively of Prime Minister and
Union Cabinet Minister.
• Undermining the role of search committee: Act provides that Selection Committee may go beyond the
names suggested by the Search Committee.
• By limiting eligibility criteria of CEC and ECs to civil servants, act may exclude other qualified individuals
for post.
• Lack of parity in removal of CEC and ECs.
• Silence over post-retirement jobs, similar to 1991 Act, of CEC and ECs to any post/office under
government.
Way forward
• Balanced composition of Selection Committee: Goswami Committee on Electoral Reforms (1990) and
255th Law Commission Report had recommended that,
o Select committee for choosing CEC and ECs, should consist of Prime Minister, Leader of Opposition of
Lok Sabha and CJI.
• Post retirement: Goswami Committee (1990) had recommended that CEC and ECs should not be eligible
for any further office under government, including office of Governor.
• Administrative Independence: Goswami Committee and ECI have recommended an independent
secretariat for functioning of the ECI.
• Equal constitutional protection to all members of the ECI: As per 255th Law Commission Report, Article
324(5) should be amended to equate the removal procedures of ECs with that of CEC.
5.2. ELECTORAL REFORMS AT A GLANCE
5.2.1. SIMULTANEOUS ELECTIONS

Why in the news?
High-Level Committee appointed by Central Government has submitted a report to President on one nation, one
election which makes recommendations on simultaneous election.
About Simultaneous Election
• Synchronize Lok Sabha, State Assemblies elections, Municipalities and Panchayats such that voters in
a particular constituency vote on the same day.
• It does not mean that voting across the country for all elections needs to happen on a single day.
Need for Simultaneous Elections

• Enhance Administrative efficiency: By reducing frequent deployment of teachers, security personnel etc.
in State and local elections.
• Focus on development programs: As frequent imposition of MCC halt development programs in poll-
bound areas/State.
• Cost savings: For instance, Central government's total expenditure on 2024 general elections is over Rs
5000 crore.
• Enhanced Voter Turnout: For instance, in 1999, simultaneous elections in Karnataka, Maharashtra, and
Andhra Pradesh held along with national elections led to 11.5% surge in voter turnout.
Issues with simultaneous election and recommendation given by the Committee
Issues Committee observations/recommendations
Legal challenges to • Two steps to manage this challenge:
amend Constitution o Firstly, hold simultaneous elections for Lok Sabha and State Legislative
to synchronise Assemblies. For this,
election ü Constitutional Amendment Bill will be introduced amending Article
83 (Duration of Houses of Parliament), and Article 172 (Duration of
State Legislatures), and insertion of Article 82A will be made.
o Secondly, within 100 days of the Sabha and State Legislative
Assemblies elections, synchronize the elections for Municipalities and
Panchayats. For this purpose, another Constitutional Amendment Bill
will be introduced in which,
ü Article 324A will be insert (to synchronise elections of Municipalities
and Panchayats) and amendment to Article 325 (to enable Single
Electoral Roll and Single Elector’s Photo Identity Card).
Issue of hung • Committee proposes fresh elections for House of the People, serving only
Parliament/Assembly unexpired term of the preceding full term. Similarly, for State Legislative
and premature Assemblies, new elections shall last until the House of the People's full term
dissolution ends.
Altering state • Report counters the concern by mentioning Articles 327 (empowers
elections would Parliament to make provisions with respect to Parliament and state elections).
violate rights of the
states
Synchronisation of • President of India issue a notification on the date of first sitting of House of
elections to the the People after a General election, designating it as the appointed date for
House of the People synchronization of elections.
and State Legislative • An Implementation Group should be constituted to oversee the execution of
Assemblies recommendations.
Related to logistics • ECI draw up a plan for making logistical arrangements.
and manpower, • Commission can estimate in advance for procurement of equipment, such
including EVMs, as EVMs and VVPATs, deployment of polling personnel and securities forces,
VVPATs and make other necessary arrangements.
Conclusion
'High-Level Committee' reflects a serious consideration of synchronizing elections in India. Addressing the

challenges through transparent and inclusive dialogue with stakeholders, including legal experts, state
governments is crucial to ensure a comprehensive and inclusive approach to 'One Nation, One Election'.
5.2.2. ELECTORAL FUNDING

Why in the news?
Recently, SC in Association for Democratics Reforms vs Union of India (2024) unanimously struck down
Electoral Bonds Scheme (EBS), which aimed to enhance transparency in electoral funding.
Highlights of judgement
Key question SC verdict
Whether non-disclosure of • The EB Scheme, by anonymizing contributions, violates the Right to
information on voluntary Information under Article 19(1)(a) and is therefore unconstitutional.
contributions to political parties • Accordingly, amendments made by Finance Act, 2017 to Income Tax
is violative of RTI? (IT) Act 1961, Representation of Peoples Act 1951, and Companies
Act 2013, to allow donations through EBs have been held to be
unconstitutional.
Whether unlimited corporate • Amendment to Companies Act permitting unlimited corporate
funding to political parties as contributions to political parties is arbitrary and violative of Article
envisaged by amendment to 14.
Companies Act violates the • Court emphasised the amendment's authorisation of unrestrained
principles of free and fair corporate influence in elections, which contravenes the principles of
elections? free and fair elections and political equality.
Other Key highlight of the judgement
• EBS not proportionally justified to curb black money: Relying on Proportionality test, court held that
government did not adopt the least restrictive method to achieve balance in rights of informational
privacy and right to information of political contributions.
• Right to privacy of political affiliations: It only extends to contributions made as a genuine form of political
support. It does not extend to contributions which may be made to influence policies.
Concerns associated with Electoral Funding
• Huge expenditure: Around 1.35 lakh crore was spent during 2024 Lok Sabha elections as compared to Rs
55,000-60,000 crore spent during 2019 (Centre for Media Studies report).
• Disrupts Level playing field: Increased use of money in elections deters small parties and independent
candidates.
• Increased Cash Transactions: Increased cash transactions make it difficult to trace sources of funds.
Political parties don't have to disclose donations below ₹20,000.
• Growing Corporate and political parties’ nexus.
Steps taken to curb election expenditure
• Limit expenditure: By ECI for candidates for Lok Sabha constituencies is ₹75 lakh to ₹95 lakh and limit for
Assembly constituencies is ₹28 lakh to ₹40 lakh.
• Election expenditure monitoring mechanism: Adopted to curb the misuse of money power during
elections to ensure free and fair elections.
• Expenditure Observer: To supervise and guide entire election expenditure monitoring personnel engaged
in the constituency.
Way forward
• State funding of elections: Endorsed by committees like Indrajit Gupta Committee (1998) to establish a
fair playing field for parties.
• Bringing Donors details and Political Party under RTI:
o Details of all donors should be available for public scrutiny under RTI as practised in countries like
Nepal, Germany, France, USA and Japan to bring transparency in election funding.
• Proactive Disclosure: Mode of payment of all donations (above and below Rs 20,000), membership fees,
etc. can be declared by parties in the ‘Schedules’ of their audit reports, submitted annually to Income Tax
department and ECI.
• ECI Recommendations:
o Tax exemption awarded only to those political parties which contest and win seats in Lok Sabha/
Assembly elections.
o Details of all donors who donate above Rs 2,000 be declared in the public domain.
5.2.3. LOWERING MINIMUM AGE TO CONTEST POLLS

Why in the News?
Parliamentary Standing Committee has recommended reducing the age for contesting Lok Sabha and
Assembly elections to 18 years, which is the minimum age of voting in India.
Rationale: Youthful representation in legislative bodies is crucial as they advocate for peers, address youth-
centric concerns, and transform political discourse, influencing both internal and external government
discussions.
Provision
• Presently, the age for contesting elections for
o Lok Sabha (Article 84) and Legislative Assembly (Article 173) is 25 years.
o Rajya Sabha (Article 84) and Legislative Council (Article 173) is 30 years.
Issues
• Only 2.2% of Lok Sabha MPs are under the age of 30.
• Lack of parity between the minimum age of voting (18 years) and contesting elections (25 years) has led
to low participation by India's youth population in the political arena.
• As per ECI, it is unrealistic to expect 18-year-olds to possess the necessary experience and maturity for
these responsibilities.
Recommendations
• Reduce Age Requirement: Lower the minimum age for Assembly Elections to allow young individuals equal
opportunities in democracy.
• Civic Education: Provide comprehensive civic education programs to equip young people with political
engagement skills.
• Collaborative Efforts: Governments, political parties, and youth organizations should collaborate to
enhance youth participation in decision-making.
5.2.4. INNER PARTY DEMOCRACY

Why in News?
Election Commission is pushing for internal democracy within political parties in India.
About Inner Party Democracy
• Inner party democracy refers to inclusion of party members in the decision making and deliberation
within the party structure.
• It helps to ensures that party produces better policies and political programmes.
• In India, there are no explicit provisions in Constitution that lays down guidelines for regulating

conduct of political parties.
o Only Section 29 (A) of RPA, 1951 mandates registration of political parties.
Challenges for setting up Internal-Party Democracy

• Inadequate Power with Election Commission: In the 2002 case ‘Indian National Congress vs Institute of
Social Welfare & Others’, SC ruled that the ECI can't penalize parties for violating inner-party democracy.
• Lack of Legal Mandate: There is no legal basis to mandate elections within political parties.
• Strict Anti-Defection Law: The anti-defection law binds legislators to the party whip, discouraging
individual voting preferences.
• Resistance from Dynastic, Caste, and Religious Parties: These parties often resist reforms and exhibit
opaque financial practices.
• Elitism in Party Leadership: Party leadership is often determined by an inner circle, leading to elitism within
parties.
Way Forward
• Constitutional status for political parties: Like Germany, give political parties constitutional status,
ensuring their internal organization adheres to democratic principles.
• Organizational elections: Regulations should mandate regular internal elections at all levels, defining
terms for office-bearers.
• Internal elections for leadership positions should be carried out through committee.
o For instance, in U.K., Conservative Party has a Central Council and an Executive Committee which
elects its President, a Chairman and Vice Chairmen at its annual meeting.
• Empowering ECI: To deregister parties that fail to comply with rules.
• State funding of political parties: This could bring in equity and accountability among parties.
• Implement suggestions from committees
o Committees like Dinesh Goswami Committee, Tarkunde Committee and Indrajit Gupta Committee
has argued for more transparent working of the political parties in country.
o Draft Political Parties (Registration and Regulation of Affairs) Act, 2011 aims to regulate constitution,
functioning, funding, accounts and audit, and other affairs of political parties participating in elections.
5.3. CRIMINALIZATION OF POLITICS

Why in the News?
Recently, ADR released a report titled ‘Analysis of Sitting MPs from Lok Sabha and Rajya Sabha of India 2023’.
About Criminalization of Politics
• 2nd ARC report in its ‘Ethics in Governance’ report stated it as participation of criminals in electoral process.
Causes of Criminalization of Politics
• Winnability of candidates: Chance of winning is twice compared to other candidates (ADR report).
• Delays in conviction of cases: Nearly 5,000 cases pending against politicians in Supreme Court in 2023.
• Legal loopholes: Section 8 of RPA, 1951, bans convicted politicians from contesting. However, those facing
trial, no matter how serious the charges, are free to contest.
• Limited powers given to Election Commission. For instance, it has power to register an association of
people as a political party, but it cannot to de-register a political party.
Impact of Criminalization of Politics
• Criminalization of Political Parties: This is because the criminal elements can gain control of political
parties and using them for their benefit. Inner-party democracy also gets adversely impacted.
• Affects working of investigation and prosecution agencies: Nexus between criminal-politician can
influence working of agencies.
• Pending cases against lawmakers: 5,097 cases are pending against lawmakers (SC amicus curiae report
(2022).
• Institutionalized corruption and trust erosion: India ranked 85th out of 180 countries (2022 Corruption
Perceptions Index).
Measures to check Criminalization of Politics
• Legislative Measures: Section 8(3) of RPA 1951 says any lawmaker sentenced to at least two years in jail
remains disqualified for six years upon their release.
o Such a disqualification is enabled by Article 102 (1) of Constitution, (person can be disqualified under
any law enacted by Parliament).
o Similar provision exists for states under Article 191(1).
• Web portal: Launched by ECI for political parties to file their financial accounts online.

Way forward
• Lifetime ban for convicts from polls: ECI had mentioned it in the electoral reforms proposals published
by it in 2004 and 2016.
• Hybrid electoral System: As suggested by 170th Law Commission Report on the hybrid system i.e. 75%
through first past the post (FPTP) and 25% through proportional system.
• Punishment for filing of false affidavits: Law Commission in its 244th Report titled ‘Electoral
Disqualification’, suggested punishment should be enhanced to a minimum 2 years imprisonment and
such an offence must also be made a ground for disqualification.
• Internal democracy for political parties: National Commission to Review the Working of the Constitution
(NCRWC) Report suggested a dedicated legislation for inner-party democracy.
• Amending RPA, 1950: To debar persons from contesting elections against whom heinous nature crimes are
pending.
5.4. MODEL CODE OF CONDUCT (MCC)

Why in the news?
In response to violations of Model Code of Conduct during Lok Sabha elections, ECI has recently issued
directives to political parties and their representatives to utilise social media platforms ethically.
Model Code of Conduct (MCC)
• Genesis: First introduced in state assembly elections in Kerala in 1960.
• Relevant Constitutional provisions: Article 324 (power of ECI to supervise elections to Parliament and
State legislatures).
o In 2014, EC banned certain political leaders from conducting public events and instructed State
Government to start criminal proceedings against them for hate speech.
• Scope of applicability: All political parties, their candidates and polling agents, government in power, and
all government employees.
• Duration of applicability: Since election schedule is announced till the results are announced (this period
has been upheld by Punjab & Haryana High Court in Harbans Singh Jalal v. Union of India & Others in
1997).
Issues associated with the implementation of MCC

• Effectiveness: The lack of statutory backing and defined punitive measures weakens enforcement, though
some provisions, like Section 123(4) of RPA 1951 against publishing false statements, are enforceable.
• Lacks comprehensive guidelines: to regulate and check violations on digital platforms (Facebook,
Twitter, etc.), leading to misinformation and hate speech.
• Short duration: For instance, acts like hate speech, which may contravene the MCC, are not taken into
cognizance by ECI even if they happen immediately before the announcement of MCC.
• Policy paralysis: Imposes restrictions on government's ability to announce new policies, schemes, or
projects during the election period.
Need for legal backing to MCC
Many experts, including Standing Committee on Personnel, Public Grievances, Law and Justice, suggested
making MCC legally bindings. However, the ECI is against, it due to the following reasons:
• Spirit of consensus: Strength of the MCC lies in its moral binding on all stakeholders. Legal binding
would affect the spirit of consensus reached.
• Existing Enforcement: Most provisions of the MCC are already enforceable through other statutes.
• Time Constraints: Elections must be completed within a relatively short time (around 45 days), while
judicial proceedings may typically take longer.
Way Ahead
• Outline graded punitive measures: For example:

o First and second violation could attract a ban on campaigning for a short and longer period
respectively.
o Third instance would debar concerned candidate/ political functionary for entire period while MCC is
in force.
• Penalizing parties: MCC should include penalties, fines or actions under ‘The Election Symbols
(Reservation and Allotment) Order’, for political parties whose members or star campaigners breach it.
• Prompt action: Punitive actions should be taken within 72 hours of the violation. A standardised
procedure should be established for the same.
• Periodic review: The advent of digital age, AI and other emerging technologies necessitates periodic
updates to the MCC to address emerging challenges like misuse of social media.
5.5. ARTIFICIAL INTELLIGENCE AND ELECTIONS

Why in the news?
Five Swiss political parties have signed a code of conduct agreeing to limit the use of Artificial Intelligence (AI) in
their campaigns for the federal elections.
Concerns Associated with AI in Elections

• Manipulation: By creating deepfake videos, misinformation, distorting truth etc.
• Lack of regulation: Regulations specifically addressing the use of AI in elections.
• Accuracy and Data Quality: Effectiveness and precision of AI systems deployed in political campaigns are
hindered by the accuracy and reliability of algorithms used, as well as quality and quantity of available data.
• Cyber security vulnerabilities: Example, Use of AI by Cambridge Analytica impacted data privacy, political
campaigning, and build voter profiles.
Way forward
• Regulatory Frameworks: Establish clear Regulatory Frameworks for dissemination of misinformation;
ensuring transparency of political advertising; etc. Example: EU Code of Practice on Disinformation,
2022.
• Strengthen ECI: To reduce the risk of AI misuse by political campaigns, ECI should strengthen disclosure
requirements covering online communications.
• Promote innovation in detection of deep-fake: Example Deepfake Detection Challenge (DFDC) to build
innovative new technologies to detect deepfakes and manipulated media.
• Adaptive Response: Continuously monitor and adapt to emerging threats and challenges related to AI in
elections, responding swiftly to maintain the integrity of the electoral process.

5.6. MASS MEDIA AND ELECTION
Why in the News?
Taking the note of misuse of social media by political parties during election campaign, ECI issued guidelines
for ethical use of Social Media Platforms (SMPs).
Key highlights of guidelines
• ECI directed parties to not:
o publish content that is false, misleading, or derogatory, especially towards women,
o not impersonate another person, including political parties or their representatives on SMP.
• It also mandated Political parties to:
o remove any violating content within three hours of notification and warn responsible members,
o escalate unresolved issues to Grievance Appellate Committee as outlined in Rule 3A of IT
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
Challenges posed by mass media to election process

• Threat to Sovereignty of country: For example, during 2016 US presidential elections, Russia allegedly
used social media to manipulate the outcome.
• Misinformation and manipulated content: AI-generated deepfakes complicate issue, making it hard to
distinguish real information from fake, disrupting election integrity.
• Create online Echo Chambers: Algorithms reinforce existing biases and limit exposure to diverse
viewpoints. For instance, Facebook's failure to address platform abuse in Sri Lanka reportedly fueled
widespread violence in 2018.
• Compromising Model Code of Conduct: Lack of effective regulation on SMPs makes it challenging to
enforce the code of conduct for parties and candidates.
• Privacy Concerns and threat to voter’s objective opinion: In 2018, several Indian political parties
allegedly hired Cambridge Analytica, a data mining and analytics business.
Way ahead for mitigating the adverse impact of Mass Media on Indian elections
• Follow advisories of Press Council of India: To give objective reports about elections and candidates,
observe all directions of ECI, Chief Electoral Officer etc.
• Effective Implementation of Voluntary Code of Ethics for General Elections 2019: To promote responsible
behaviour on social media platforms.
• Strengthen links between civil society groups and internet platforms: To facilitate timely raising of
concerns and consideration of findings by platforms.
• Strengthen Data Protection Framework: To ensure that voter data is protected and used responsibly to
maintain the integrity of electoral process.
5.7. MUNICIPAL ELECTIONS

Why in the News?
SC invalidated and annulled the outcome of mayoral elections held for Chandigarh Municipal Corporation.
Need for fair and timely Municipal Elections:

• ‘First-mile’ Connect: India has 87,000+ councilors (an elected representative of a ward) across its 4,700+
cities, representing an average of over 4,300 citizens in each ward.
• Tackle grassroots level issues: It includes environmental sustainability, primary healthcare, gender
equality and jobs and livelihoods.
• Efficient utilization of funds: Utilization of fund allocated by Fifteenth Commission (allocated Rs. 26,000
crores) for municipalities towards primary healthcare.
Challenges in Municipal Elections
• Untimely elections: Despite the SC-specific direction in Suresh Mahajan v. State of Madhya Pradesh
(2022) State governments do not hold timely elections for urban local governments.
o Over 1,500 municipalities did not have elected councils in place from 2015 to 2021 across States.
• Delay in Council Formation: In Karnataka, there was a delay of 12-24 months in the formation of elected
councils after the declaration of election results in most of the 11 city corporations.
• Delimitation and reservation: Power of delimitation of wards rests with State government, thus any delay
in delimitation process, further delays council elections.
• Inconsistent Mayoral terms: In India, 17% of cities including five of the eight largest ones have mayoral
terms less than five years.
• SECs lack power: As they depend on state governments to complete the delimitation of ward boundaries
and to notify reservations for women as well as marginalized communities.
• Low voter turnout for municipal elections than parliamentary and state assembly elections. For Example,
2020 Delhi assembly saw a 62.59% turnout, 11.85% more than local council elections.

Way forward
• Empowering SECs: Strengthening SECs by giving them significant role in elections of mayors, deputy
mayors and standing committees can help ensure timely, free, and fair municipal elections.
• Power of delimitation: Must be vested in SECs or an independent Delimitation Commission in each State
for conducting the delimitation and reservation process.
• Single electoral roll: Single electoral roll for all three tiers of Government as suggested by High-level
Committee on Simultaneous Elections will reduce redundancy and duplication across multiple agencies.
6. GOVERNANCE
6.1. ADMINISTRATIVE REFORMS AT A GLANCE
6.1.1. ROLE OF CIVIL SERVANTS IN GOVERNANCE

Why in the news?
On Civil Services Day, Prime Minister highlighted that civil servants play a pivotal role in furthering governance
and public welfare.
Role of Civil Servants in Governance
• Continuity of governance: Being part of permanent executive Civil servants even when elected
governments change.
• Interface between government and people: Act as the main channel for communicating people's needs
to the government and implementing government policies on the ground.
• Policy formulation: They provide necessary inputs, identify policy areas, analyse alternatives, solutions
to societal issues etc. and advice to the ministers.
• Cementing Indian democracy:
o Free and fair elections: ECI ensures free and fair elections, with reforms introduced by former CEC T.N.
Seshan aimed at reducing money and muscle influence.
o Participative democracy: Example, in 1976, A.M. Gokhale introduced Village Development Board in
Nagaland for decentralised grassroots planning and development.

o Inclusive democracy: played critical role in giving voice to voiceless. For example, in 2020, Balangir
district administration launched ‘Sweekruti’ to integrate transgender community into mainstream
activities.
• Growth and development:
o Enforcing Law and Order: Addressing social tensions, conflicts and thus create social unity and
harmony.
ü For instance, sanjukta parashar (IPS officer), also known as iron lady of assam played a critical
role on in tackling northeast insurgency.
o Overcoming resource constraints: For example,
ü IAS officer Armstrong Pame, known as Miracle Man of Manipur, crowdfunded through social
media to construct a 100 km road in 2012 without state financial aid. Now this road is also known
as “people’s road”.
ü Operation Sulaimani, pioneered by Prasanth Nair (former District Collector of Kozhikode in Kerala),
uses nameless donations from public to provide food with dignity. This facilitates in ensuring
Right to Food.
• Career Diplomats: Represent their country in international forums and play an important role in negotiating
agreements, promoting national interest, protecting friendly relations with other countries, etc.
• Quasi- Judicial role: Serve on tribunals, like Telecom Disputes Settlement and Appellate Tribunal, Cyber
Appellate Tribunal etc.
Initiatives taken to improve the functioning of Civil Servants
• National Programme for Civil Services Capacity Building- Mission Karmayogi: Aims to transform the
capacity building apparatus at individual, institutional and process levels.
• Integrated Government Online Training (iGOT) - Karmayogi platform is a comprehensive online
platform that guides individual civil service officials in their capacity-building journey.
• National Standards for Civil Service Training Institutions (NSCSTI): It was developed by Capacity
Building Commission for elevating quality and capacity of training delivery of Central Training Institutes.
• Aarambh (2019): It is first ever common foundation course for civil servants training.
• National Training Policy: To develop professional, impartial and efficient civil servants that are
responsible to needs of citizens.
• Prime Minister's Awards for Excellence in Public Administration.
Challenges associated with the functioning of civil services

• Autonomy: Frequent transfer, political pressure and interference, and need for approval from higher
authorities, etc. compromise civil servants autonomy.
• Infrastructure: Many Indian cities, particularly rural areas, lack proper infrastructure and resources,
impacting effective implementation of government programs and service delivery.
• Red-tapism: Complex bureaucratic procedures, hierarchical system in civil services, slow decision-
making, hinder progress, and complicate societal change implementation.
• Security: Civil servants and their family members are often exposed to risk of violence, and threats from
criminals or extremists.
o For example, Death threats to IAS officer, Tukaram Mundhe for raiding illegal bars.
Conclusion
Civil servants' transparency, efficiency, and integrity contribute to inclusive development and good governance
government efforts enhance efficiency, but restructuring civil services is necessary for 21st-century citizen
needs.
6.1.2. REVAMPED SCHEME FOR ADMINISTRATIVE REFORMS

Why in News?
Government has approved funds for revamped Scheme for Administrative Reforms of Department of
Administrative Reforms and Public Grievances (DARPG).
About Scheme
• To be implemented in next two years (2024-25 and 2025-26) of 15th Finance Commission Cycle.
• Scheme will take up ambitious next generation administrative reforms in matching with the new
aspirations of Viksit Bharat.
Various mechanism present for Grievance Redressal
● CPGRAMS, Lokpal and State Lokayuktas, CVC etc.
● RBI have set up Ombudsman.
● Twitter Seva, UMANG app, PRAGATI, etc.
● Digital platforms in States like Gujarat (SWAGAT), Andhra Pradesh (SPANDANA) Rajasthan (Rajasthan
Sampar), etc.
Significance of the revamped scheme
● Transparency and Accountability: E.g., Grievance Redressal Index for ranking of Central
Ministries/Departments.
● Training and Capacity Building: Conducted via iGot Platform and Sevottam Scheme.
● Seamless Service Delivery: Making services more accessible, user-friendly, by empowering Common
Services Centres (CSCs) to reach to the remotest citizen.
● Efficient decision-making: Government Process Reengineering, streamlining bureaucratic procedures,
reducing red tape etc.
● Integration: of State Portals and other Government of India Portals with CPGRAMS with One Nation – One
Portal.
● Innovation in Administrative Machinery: E.g., Launch of Intelligent Grievance Monitoring System (IGMS)
2.0 for categorical, spatial, and root cause analysis.
Issues with existing public grievance system
● Lack of Uniformity: Wide variations exist across ministries and other organisations with respect to
framework, process, and capacity to handle grievances.
• Federal Dynamic: Petitioner faced numerous grievances related to State governments on CPGRAMS,
which were not addressed by State government, leading to no redressal. (Parliamentary Standing
Committee).
• Complexity and Bureaucratic Hurdles: Discouraging people from lodging complaints.
• Resource Constraints: Public Grievance Cells often suffer from shortage of staff and resources.
Way ahead
• Attitudinal change in civil servants: Through rewarding good work and awarding effective suggestions
and punishing the deliberate negligence.
• Enhancing Inclusive Grievance Redressal: To ensure inclusion of those without access to CPGRAMS,
mechanisms like lok adalats, social audit, and mobile apps should be simultaneously utilized.
• Recommendation of 2nd ARC:
o Public grievance officers on the lines of the Public Information Officers under RTI Act.
o All grievance petitions received should be satisfactorily disposed of by these officers within 30 days.
Non-adherence to the time limit should invite financial penalties.
6.2. LOKPAL AND LOKAYUKTA

Why in news?

Recently, Uttar Pradesh assembly passed the Uttar Pradesh Lokayukta and Uplokayuktas (Amendment) Bill,
2024.
Lokpal and Lokayukta Act 2013
• It provides for the establishment of a statutory body of Lokpal for Union and Lokayukta for States.
• It aims to inquire into allegations of corruption against certain public functionaries.
• Lokpal consists of a chairperson and maximum eight members, with 50% being judicial members and
50% from SC/ST/OBCs, minorities, and women.
o The chairperson and members serve for five years or until they turn 70, whichever comes first.
• Lokayukta shall
have jurisdiction
over CM,
Ministers, MLAs,
all state
government
employees and
certain private
entities (including
religious
institutions).
• Lokpal
Jurisdiction
extends to Prime
Minister,
Ministers, MP,
Group A, B, C and
D officers and
officials of
central
government.
o Any society
or trust or body that receives foreign contribution above ₹10 lakh.
Exceptions in Jurisdiction of Lokpal

• Corruption charge against Prime Minister if the allegations are related to international relations, external
and internal security, public order, atomic energy, and space.
• Judiciary and armed forces do not come under the ambit of Lokpal.
• Employees of State Government are not covered unless they have served in connection with the affairs of
the Union.
Need for Lokpal and Lokayuktas
• Lack of independent anti-corruption agencies
• Lack of transparency and internal accountability
• Inadequate mechanism to check corruption
• Absence of effective power among bodies like CVC etc
Way forward
• Financial, Administrative, and Legal Independence: Lokpal and Lokayukta must operate independently
from those they investigate and prosecute, to maintain integrity.
• Decentralized Institutions: with robust accountability mechanisms is essential to prevent excessive power
concentration.
• State-Level Lokayuktas: Lokayuktas should be established in states similar to Lokpal, overseeing all state
government employees, local bodies, and state corporations.
6.3. E-GOVERNANCE AT A GLANCE
6.3.1. ROLE OF TECHNOLOGY IN PUBLIC SERVICES DELIVERY

Why in the News?
Comptroller & Auditor General (CAG) of India has emphasised on the need for increased use of IT systems
and technology in service delivery to the citizens.
Technology and Linkage with public service delivery
• Digital government services (e-government) are defined as service delivery within government — as well
as between government and public — using information and communication technologies.
o Traditionally, government services have been delivered in person, by individual departments in
different locations, and often using paper forms.
• With digital services, government can deliver information and services to citizens anytime, anywhere, and
on any platform or device.
Significance of Technology in Services delivery
• Saves time and money for Citizens: E.g., e-Hastakshar service facilitates instant e-signing of documents
online by citizens in a legally acceptable form without having to visit government offices.
• Increases efficiency of Government departments: E.g., Vehicles Data from different State Registers are
collected and processed in VAHAN platform of Ministry of Road Transport and Highways.
• Eliminates Ghost beneficiaries and leakages: by linking Aadhar cards to respective job cards of
MGNREGA, lakhs of Ghost beneficiaries were identified and removed.
• Increases accountability and reduces corruption: This enables citizen to understand rules and
regulations better and even raise complaints on erring officers.
• Combination of data harnessed from various sources: Linking of PAN card and Aadhar card helps the
exchequer to collect data on persons earning above a threshold income for reducing black money and
increasing tax collection.
Technological challenges in service delivery
• Digital divide among people. 38% of households in India are digitally literate.
• Lack of workforce E.g. Orissa district judiciary due to shortage of staff adversely impacted employees'
working conditions.
• Cyber security threat is a major concern as these services are also handle important data of government
and public.
• Lack of sufficient digital infrastructure. Only 48.6% of District Court complexes have a functional e-filing
facility.
• Lack of interoperability in most services makes them work in isolation rather than as a collective network.
Way forward
• Enhancing digital literacy among the population and highlighting its advantage in the society.
• Legal framework to enhance the data protection within the country.
• Enhancing Cyber security infrastructure in country through research on quantum, AI, and advanced
wireless technologies.
• Enhancing the interoperability of the services to widen the scope of the services.
6.4. DIGITAL PERSONAL DATA PROTECTION ACT 2023

Why in the news?
Digital Personal Data Protection Act, 2023 was passed by Parliament and received the President's assent.
Background
• In 2017, Supreme Court recognised privacy as a fundamental right in K.S. Puttaswamy vs. Union of India
case.
• Following this, Justice Srikrishna Committee proposed the initial draft of Personal Data Protection (PDP)
Bill in 2018.
About Digital Personal Data Protection (DPDP) Act 2023
Act aims to regulate the processing of digital personal data while ensuring individuals' right to protect their
data and need to process it for lawful purposes.
Key Provisions of Act
• Applicability: Processing of digital personal data within India where such data is collected online, or offline
and is digitized.
o Processing of personal data outside India if it is for offering goods or services in India.
• Consent: Personal data may be processed only for a lawful purpose after obtaining the consent of Data
Principal (individual to whom personal data relates).
o Consent will not be required for ‘legitimate uses’ including the provision of benefits or services by
government, medical emergency etc.
• Established Data Protection Board of India: For Monitoring compliance and imposing penalties, hearing
grievances made by affected persons etc.
• Rights and Duties of Data Principal like, right to obtain information about processing, right to Seek
correction and erasure of personal data.

• Designation of Significant Data Fiduciaries: Data fiduciaries will be obligated to maintain accuracy of
data, keep data secure, and delete data once its purpose has been met.
Significance of DPDP act
• Enhanced Data Protection: For example, for healthcare industry, this translates into more robust
measures to safeguard sensitive patient’s information.
• Ease of Doing Business: It gives businesses clear rules on how to use personal data, helping them avoid
confusion and encouraging them to follow the law.
• Processing for Research Purposes: Act recognizes the importance and public interest of scientific
research and provides exemption for processing of personal data necessary for research purposes.
• Global Alignment: Act matches worldwide data protection rules, making it easier for India to do business
globally.
Limitations of Act
• Violate Fundamental Rights: For e.g., using exemptions, a government agency may collect data about
citizens to create 360-degree profile for surveillance may violate fundamental right to privacy.
• Complicated approach to grievance redressal: An aggrieved individual is required to first approach the
data fiduciary's redressal mechanism.
o Unresolved grievances can be escalated to Data Protection Board, with further appeals to Telecom
Disputes Settlement and Appellate Tribunal.
• Non-Clear definition: Act mandates data fiduciaries to prevent processing that could negatively impact a
child's well-being but lacks a clear definition or guidance for determining such effects.
• Does not grant right to data portability and right to be forgotten to data principal.
• Lack of robust data protection laws in another country may increase the vulnerability of stored data.
Way forward
• Cross-Border Data Governance: Mechanisms need to be developed for countries not mentioned in list
provided by the notification.
• Data Rights: Right to data portability and right to be forgotten should be provided especially in cases
where data collection and storage pose harm to the reputation, life, identity etc. of a person.
• Prevent Misuse: Terms like sovereignty and integrity of India should be clearly defined along with a defined
procedure to provide exemption.
• Quantifying time duration: to delete the data once the purpose has been fulfilled or Data Principal
withdraws his/her consent to the processing of personal data.
Comparison between European General Data Protection Regulation (GDPR) and India DPDP Act, 2023
GDPR DPDP Act, 2023
Applies to all personal data (digitised or not). Applies only to personal data that is collected in
digital form or collected in non-digital form and
subsequently digitised.
Minors under age 16 need parental consent. Minors under age 18 need parental consent.
Breaches should be notified to Supervisory Authority Does not specify a timeframe or Personal Data
within 72 hours. breach notification.
It lays down specific mechanisms for transferring Not identified any transfer mechanisms for
data to third country like standard contractual clauses transferring Personal Data.
and binding corporate rules.
Data Controller and Data Processor are required to Does not include any obligation for Data
maintain Records of Processing Activities (ROPA). Fiduciaries to maintain ROPA.
6.5. CENSORSHIP IN INDIA AT A GLANCE
6.5.1. CINEMATOGRAPH (AMENDMENT) ACT, 2023

Why in the news?
Parliament received the assent of the President on the Cinematography (Amendment) Act, 2023
More about news
• New Act amended the Cinematograph Act 1952, enacted to make provisions for certifying cinematograph
films for exhibition and regulating exhibitions using cinematographs.
o Cinematograph Act 1952 provides for establishing Central Board of Film Certification (CBFC) for
certifying films for exhibition.
ü Such certifications may be subject to modifications/deletions.
ü Board may also refuse the exhibition of films.
Key provisions of Cinematography (Amendment) Act, 2023
Specifications Details
Age-Based • Act introduces three age-based certifications under ‘UA’ category —’UA 7+’,
Certification ‘UA 13+’ and ‘UA 16+’.
• These age-based markers meant for parents or guardians to consider whether
their children should view such a film.
• These are only recommendatory.

Separate • Films with an ‘A’ or ‘S’ certificate will require a separate certificate for
certificate for exhibition on television, or any other media prescribed by the central government.
television/other
media
Certificates to be • Certificates will be perpetually valid as opposed to present validity of 10 years.
perpetually valid
Revisional powers • Act omits section 6(1) of the Act as directed by Supreme Court in Union of India
of central 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 • Act prohibits unauthorised recording and unauthorised exhibition of films and
punishable offence makes it a punishable offence under provisions of Copyright Act, 1957.
Penalty • Act proposes penal action in case of violation.
Conclusion
The Act tends to address the existing problems faced by the film industry and regulates the content by new
certification categories. Meanwhile, the current viewership is starting to tilt towards the OTT platforms, and
early regulation of them is necessary for the betterment of society and the industry.
6.5.2. THE CINEMATOGRAPH (CERTIFICATION) RULES, 2024

Why in the News?
Under Cinematograph (Amendment) Act, 2023, Ministry of Information and Broadcasting, has notified the
Cinematograph (Certification) Rules, 2024, replacing the Cinematograph (Certification) Rules, 1983.
Key Aspects in Cinematograph (Certification) Rules, 2024
• Terms of office: A member of Board shall hold office during pleasure of the Central Government.
• Representation of women: It stipulates that 1/3rd of members in Board shall be women and preferably half
shall be women.
• Improved efficiency: By reducing timelines for the processing of film certification and adopting
complete digital processes for eliminating all transactional time.
• Provision for priority screening: in case of any urgency felt

by filmmaker(s) due to their prior commitments to release the
film, encouraged ‘Ease of Doing Business’.
• Change of Category of Film for Television: Recertification of
the edited film for Television broadcast, as only Unrestricted
Public Exhibition category films can be shown on television.
• Perpetual validity of certificates: Removal of the restriction
on the validity of the certificate for 10 years.
Issues with Film Certification in India
• OTT platforms: Film certification does not regulate content
on OTT platforms.
• Censorship and Content Restrictions: Excessive
censorship could potentially hinder artistic freedom and
creative expression.
• Delays: There are concerns about CBFC's capacity to handle
the volume of films submitted for certification in a timely and
efficient manner.

• Fails to tackle online piracy: leaving loopholes such as
mirroring servers (duplication of data).
o It does not address instances of film piracy that
originate in foreign countries.
• Legal Challenges: Recently a petition was filed demanding the revocation of the certificate for the movie
‘Adipurush’ for allegedly hurting religious sentiments.
Conclusion
While streamlined processes and diverse representation in the revamped Cinematograph (Certification) Rules,
2024 are positive steps, concerns linger over censorship, content control etc. Striking the right balance between
creative freedom and societal responsibility remains the true test ahead.
6.5.3. DIGITAL SERVICES ACT

Why in the news?
Digital Services Act (DSA) started applying to all online intermediaries serving users in European Union (EU).
About Digital Services Act (DSA)
• DSA is an EU regulation which regulates online intermediaries and platforms like marketplaces, social
networks, content-sharing platforms, app stores etc.
• In 2020, DSA together with Digital Markets Act (DMA) proposed a comprehensive framework to ensure a
safer, fairer digital space.
o DMA affects gatekeeper platforms like Google, Amazon and Meta, and covers the need for user
consent before processing personal data for targeted advertising
• DSA and DMA form a single set of rules that apply across the whole EU with 2 main goals to:
o Create a safer digital space in which fundamental rights of all users of digital services are protected.
o Establish a level playing field to foster innovation, growth, and competitiveness, both in European
Single Market and globally.
Difference between the EU’s DSA and India’s IT Rules, 2021
Key IT (Intermediary Guidelines and Digital EU’s Digital Services Act (DSA)
Provisions Media Ethics Code) Rules, 2021
Scope Apply to social media intermediaries, digital DSA applies to a wider range of online
news publishers, and OTT platforms platforms, including social media, online
operating in India, irrespective of their marketplaces, and cloud computing services
country. operating in EU, irrespective of their country.
Content Rules require social media intermediaries to DSA proposes a range of compliance
Moderation appoint a grievance officer, nodal officer, requirements for online platforms, including
and a chief compliance officer, and content moderation measures, transparency
establish mechanism for receiving and obligations, and data protection
resolving complaints from users. requirements.
Note: Both are similar in terms of Due Diligence Requirements on social media platforms, Content Regulation
and a Co-Regulatory approach for monitoring compliance and for grievance redressal.
Due diligence is a process or effort to collect and analyze information before making a decision.
Conclusion
Overall, the DSA is a more comprehensive regulatory framework, taking a more nuanced approach to governing
digital content and online platforms. However, the effectiveness of each will depend on how they are
implemented and enforced.
6.6. ENVIRONMENTAL GOVERNANCE IN INDIA

Why in the News?
SC, while hearing a petition on the functioning and constitution of Central Empowered Committee (CEC), issued
guidelines for the effective functioning of environmental regulatory bodies.
About the Judgement
• SC approved notifications issued by government on constituting CEC as a permanent body.
o Government issued a notification under Environment (Protection) Act (EPA), 1986, constituting CEC as
a permanent body.
• Almost for a period of two decades, CEC was functioning as an ad hoc body.
Important Environmental regulatory bodies and their role:
• Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB): Initially constituted
under Water (Prevention and Control of Pollution) Act, 1974, later also functions under Air (Prevention and
Control of Pollution) Act, 1981.
o Role is to promote cleanliness of water streams and wells and improve air quality and combat air
pollution.

• National Board for Wildlife (NBWL): Statutory Board under Wildlife (Protection) Act, 1972 to promote the
conservation and development of wildlife and forests.
• Compensatory Afforestation Fund Management and Planning Authority (CAMPA): To promote
afforestation and regeneration activities as a way of compensating for forest land diverted to non-forest
uses.
• National Green Tribunal (NGT): Established in 2010 under NGT Act 2010 for effective and expeditious
disposal of cases relating to environmental protection.
• National Environment Appellate Authority: Set up to address cases in which environment clearances
are required in certain restricted areas.
• Central Ground Water Authority (CGWA): Constituted under EPA, 1986 for purpose of regulation and
control of ground water development and management.
• State Environment Impact Assessment Authorities: To grant prior environmental clearance to certain
projects, as specified in Environment Impact Assessment Notification.
Way Forward
• SC
Guidelines: In
furtherance of
principles of
environmental
rule of law,
regulatory
bodies must
function with
the following institutional features:
o Structure: Composition, qualifications, tenure, method of appointment and removal of members of
these authorities must be clearly laid down.
o Funding: Must receive adequate funding and their finances must be certain and clear
o Clear Mandate: Mandate and role of each authority and body must be clearly demarcated.
o Accessibility: Make available the rules, regulations, guidelines accessible by providing them on
website, including in regional languages.
o Accountability: There must be regular and systematic audit of the functioning of these authorities.
6.6.1. CONSTITUTIONALIZATION OF ENVIRONMENTAL ISSUES

Why in the news?
SC, in a recent judgment, stated that the right to be free from the adverse effects of climate change should be
recognised by Articles 14 and 21 of the Constitution.
More about the news
• Judgment was made under the writ Petition ‘M.K. Ranjitsinh and Others v. Union of India and Others’
regarding the protection of Great Indian Bustard and its habitat.
• It is an example where SC has used its power to widen the scope of fundamental rights, particularly
Articles 21 (right to Life), Article 14 (right to equality) and Article 19 (right to freedom of speech, etc.), under
Constitution to tackle environmental issues.
Challenges in implementation
• Judicial delays: Overburdened judicial system can result in lengthy delays in resolving environmental
disputes and cases, affecting timely compliance and enforcement.
• Difficulty in identifying polluters: Pollution can be caused by a chain of activities, making it challenging to
identify the source.
• Development and environment conflict: Often environmental law and ruling come in conflict with
development for ex-construction of infrastructure projects.
• Difficulty identifying and addressing risks and environmental impacts: of development projects and
industries due to lack of clear provisions.
• Weak monitoring: Regulatory bodies like State Pollution Control Boards suffer from insufficient funding,
lack of modern equipment and infrastructure etc. to monitor compliance.
Way forward
• Effective implementation: Government can set up more separate machinery, like NGT to reduce delays
that are hindering implementation.
• Global action: As environment concern often not confined to boundaries, commitment by various countries
like in Paris agreement should be fulfilled.
• Legislation regarding climate change: As said by SC in M.K. Ranjitsinh and Others v. Union of India case
there is need for umbrella legislation which relates to climate change and attendant concerns.
• Strengthen institutional capacity: by allocating adequate financial resources and investing in capacity
building of environmental agencies.
• Rights awareness: European Court of Human Rights ruling supported a citizen lawsuit against
government for climate change inaction. Such cases can generate awareness globally.
6.7. TEMPLE REGULATION IN INDIA

Why in the news?
Karnataka Legislative Assembly passed the Karnataka Hindu Religious Institutions and Charitable Endowments
(Amendment) Bill, 2024 to regulate temples in the state.

Legal and Institutional Framework to Regulate Temples in India
• Article 25 (1) gives freedom of religion and 25 (2) talks about areas where State may intervene and make
laws or regulate religious institutions.
• Article 26 provides for freedom to manage the religious affairs of citizens and is subject to public order,
morality and health.
• Entry 28 of List III of Schedule VII empowers both Union and State Legislatures to make law on “Charities
and charitable institutions, charitable and religious endowments and religious institutions”.
• Hindu Religious and Charitable Endowments (HR&CE): Several states have enacted legislative and
regulatory frameworks to regulate these institutions through the powers accorded by Constitution.
• Hindu Religious Endowments Commission (1960): declared that government control over temples was
essential to prevent maladministration.
State control of Temple: Argument for and against
Arguments in favour Arguments in against
• Social Reforms: State regulation has • Violation of principle of Secularism and also basic
challenged hereditary priesthood, rights guaranteed under Constitution.
ensuring more inclusive and non- • Erosion of Operational Autonomy: For example, In
discriminatory practices in public Chidambaram Case (2014), SC permitted Dikshitars
temples. (priest community) to manage temple, emphasizing the
• Representation of Marginalized need to preserve traditional autonomy.
Sections: Example: Tamil Nadu HR&CE • Erosion of Cultural Capital: Intervention through
Act mandates SC/ST representation in conservation efforts have led to damage and demolition
temple Board of Trustees. of historically significant temple structures, as
• Efficient Temple Management: highlighted by UNESCO fact-finding mission in 2017
Charitable Endowment Act ensures submitted to Madras HC.
proper administration and preservation • Loss of Tourist Potential: Diversion of temple funds into
of temple assets, ensuring endowments other activities by state may leave little for investment in
are used for their intended purposes. temple infrastructure.
• Community Welfare: State oversight • Tribals and Indigenous Communities: State control
can ensure that temple funds are used might not be sensitive to unique customs and traditions
for community welfare activities, of tribal communities associated with their places of
benefiting local populace. worship.
Way Forward
• Clear separation of religious and administrative domain.
• Inter Temples Network Structure: Temples should be categorized by size and organized using a hub-and-
spoke model, where larger temples support smaller ones.
• Good governance principles: State-level Temple Administration Board (Having state officials) assisted by
Temple Management Committee and Temple Level Trusts (having priests, locals etc.) can be constituted
to administer different functions.

o Hindu Religious and Charitable Endowment Act, 1991 also provides for a Temples Administration
Board.
• Special Purpose Vehicle: Temple Development and Promotion Corporation can be formed to undertake
all development work of all temples relating to tourism, networking of temples, promoting research and
publication, IT, etc.
• Following Best Practices: Concept of Devaswom (property of God) in Kerala is an interesting model to
keep check on corruption.
7. LOCAL GOVERNANCE
7.1. URBAN GOVERNANCE IN INDIA
Why in the News?
Annual Survey of India’s City-Systems by Janaagraha (Bengaluru based not-for-profit institution) reveals
India's urban governance is unprepared for the impacts of rapid city expansion.
Key challenges plaguing urban governance in India
• Growing Urban Population: India is 31 % urban according to Census 2011. Indian cities are expected to
host over 50% of India’s population by 2050.
• Absence of a modern spatial planning: At least 39 % of capital cities in India do not have active spatial
plans.
• Lack of implementation of 74th CAA: For example, many of key provisions of 74th CAA are not binding on
states as the word ‘may’ has been used instead of ‘shall’ leaving space for discretion of state governments.
• Lack of accountability: For example, the SIT report on the Rajkot fire incident revealed inaction by town
planning, fire departments, and other authorities who ignored the issue.

• Low municipal Budget: The own revenue of Indian municipal corporations was less than 1% of GDP,
smaller than Brazil's 7% and South Africa's 6% (RBI analysis of the finances of urban local bodies).
Way forward
• Securing Urban Future: Focus on striking a balance between 4 Es - Economic growth, Environmental
sustainability, Equitable access to opportunities and services, and democratic Engagement to secure
India's urban future.
• Decentralized Planning: Implement models like Kerala’s people’s plan for socio-economic planning to
enhance structured participation in the planning process.
• Digital Financial Management: Develop a comprehensive digital public financial management system to
track fund utilization of city governments.
• Alternative Sources of Financing: Municipal Bonds, Pooled Financing (For e.g., Tamil Nadu issued bonds
on behalf of 14 municipalities through a Water and Sanitation Pooled Fund)
• Accounting and Audit: The accounting system for the ULBs as provided in the National Municipal Accounts
Manual (NMAM) should be adopted by the State Government.
• High-Powered Council: Form a high-powered council between union and state governments, like the GST
council, to build consensus on the overhaul of the 74th CAA.
• Indore Model: Adopt practices from Indore Municipal Corporation, which includes constructing and
maintaining educational centers, hospitals, dispensaries, and housing.
o Create a national-level platform for mayors and city councils to strengthen peer learning.
7.1.1. CAPACITY BUILDING OF URBAN LOCAL BODIES (ULBS)

Why in the news?
Capacity Building Commission (CBC) in collaboration with MoHUA organized a National Workshop on Capacity
Building of ULBs to foster a unified approach to capacity building ULBs across India.
Need for Capacity Building for ULBs

• To deal with regional aspirations i.e. economic Initiatives for improving financial health of
and social development through bottom-up municipalities
planning. • 15th Finance Commission (FC-XV):
• India’s urban centres are considered ‘engines of Recommended ₹4.36 lakh crore in grants to
growth,’ as they account for nearly two-thirds of local governments for 2021-26, the largest
country’s economic growth. share for local bodies.
• For successful and effective implementation of • Municipal Bond Financing: Guidelines issued
schemes like Smart City Mission, AMRUT Mission by the Department of Economic Affairs for
etc. infrastructure projects.
• Streamlining planning process and delineation • Credit Rating of Municipal Corporations:
of institutional roles, relationships for ULBs to Included in the reform agenda of Smart Cities
meaningfully shape local and regional plans. and AMRUT programmes.
Challenges associated with Capacity Building of Urban Local Bodies

• Lack of personnel with appropriate skill sets: especially in areas like socio-economic planning,
sustainable urban planning, financial management, and e-governance.
• Training Curricula: States’ training institutes focus more on general and rural administration rather than on
urban governance.
• Lack an Organizational Development Strategy: Absence of formal structures, comprehensive cadre and
cadre rules, job descriptions, pay scales, introduction of new technologies, etc.
• Ineffective communication channels with private sector and civil society.
• Partial Devolution: For instance, poor finances of Bihar’s ULBs are due to delays in release of grants,
inadequate devolution of funds, and delays in revision of tax rates and assessments of landholdings.
Measures taken for capacity building of ULBs
• Capacity Building Scheme for Urban Local Bodies: For better governance and financial management.
• World Bank-assisted Capacity Building for Urban Development Project: To build the capacity of select
ULBs, which are centres of economic growth.
• National Urban Digital Mission (2021): It focuses on citizen-centric digital revolution in ULBs in India.
• Jawaharlal Nehru National Urban Renewal Mission: Aiming urban infrastructure development and
governance and basic services to urban poor.
• Municipal Bonds: These are financial instruments that municipal corporations and other associated bodies
in India issue to raise funds.
Way forward
• Professionalism: Developing Municipal cadre and provide specific training to create a strong and efficient
workforce in municipal departments e.g. engineering disciplines.
• Creation of a separate division or Cell for Capacity Building at Central level: To look into the aspects of
demand creation, augmenting supply side, strengthening linkages between institutions and cities etc.
• Strengthen Training Institutes: Need for states with relatively low urbanisation rates to establish an urban
cell in existing Administrative Training Institutes (ATIs).
• Capacity building through partnership: For example, Engage NGOs for selected tasks like training of
elected representatives especially for schemes like slum rehabilitation, urban poverty alleviation,
financial inclusion etc.
7.2. FINANCES OF PANCHAYATI RAJ INSTITUTIONS (PRIS)

Why in the news?
Reserve Bank of India (RBI) released its report titled “Finances of Panchayati Raj Institutions”. The report
discusses the fiscal position of PRIs for the years 2020-21 to 2022-23.

Sources of Finance for PRIs
Internal/Own • Tax Revenue: Property tax on lands (other than Agriculture Land); etc.
sources of revenue • Nontax revenue: Fees on Registration of Cattle sold within the Panchayat area
etc.
Transfer of Funds • Tied Grants: For specific sectors like sanitation, education.
from Central Finance • Untied Grants: No specific conditions; for local needs.
Commission (CFC) • Performance-based Grants: Based on CFC recommendations and
and State Finance performance criteria.
Commission (SFC) • Special Category Grants: Additional support for unique challenges of PRIs in
specific regions.
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.
Challenges associated with the finance of PRIs
• Structural challenges: Inadequate financial resources, heavy reliance on grants from upper tiers of
government; and weak infrastructure impede PRIs functioning.
o Around 95 % of their revenues come from grants by higher levels of government.
• Inconsistency in data: Assessment of fiscal health of PRIs is difficult due to lack of data on their revenues
and expenditures and lack of skilled staff to maintain data in standardised formats.
• Audit reports have been generated for only 46% of Gram Panchayats for 2019-20.
• Tax revenue: Sources of revenue for PRIs are limited, mainly property taxes, fees, and fines.
• Corruption: For example, Rs 1.58 crore was diverted from gram panchayat account without prior
permission from panchayat body and higher officials in Vijayawada.
• State Finance Commissions (SFC): As per rural development and Panchayati raj report, only 9 states have
been constituting SFCs regularly, and out of them, only two are active.
Initiatives taken to improve financial ecosystem of PRIs
• e-Gram Swaraj: A platform for effective monitoring.
• Gram Panchayat Development Plan (GPDP) prepared in a participatory manner under people’s Plan
Campaign.
• Capacity Building- Panchayat Sashaktikaran Abhiyan (CB-PSA): It had aided States/ UTs for capacity
building and training of Panchayat Elected Representatives.
• Rastriya Gram Swaraj Abhiyan (RGSA): It aims to efficiently utilise available resources for realizing
sustainable solutions to local problems linked to SDGs.
Way forward
• Increase budgetary allocations: To ensure PRIs have sufficient resources to fulfill their responsibilities.
• Accountability: Enforce strict financial accountability measures, regular and independent audits, and
transparent reporting mechanisms to prevent misuse of funds and corruption.

• Strengthening SFC: SFCs should be constituted timely every 5 years and reports should be tabled in state
legislatures regularly.
8. IMPORTANT ACTS AND LEGISLATIONS

8.1. NARI SHAKTI VANDAN [CONSTITUTION (106TH AMENDMENT)] ACT,
2023
Why in the News?
Parliament received the assent of President on Nari Shakti Vandan [Constitution (106th Amendment)] Act, 2023.
• Article 330A and Article 332A Inserted: Reservation of 1/3rd seats for women in Lok Sabha (LS) and State
legislative assembly respectively.
o It also includes reservation of 1/3rd seats for women belonging to SC/ST under Article 330 and 332.
• Articles 239AA amended: Reservation of nearly 1/3rd seats for women (including SC seats) in Legislative
Assembly of National Capital Territory (NCT) of Delhi.
• Article 334A inserted: Reservations shall come into effect after delimitation is undertaken after relevant
figures for first census (after commencement of act) have been published and cease to have effect after
expiration of 15 years.

o Periodic rotation of seats reserved for women after each delimitation as Parliament may by law
determine.
o Provisions of this act shall not affect any representation in legislative assemblies and Lok Sabha
until their dissolution.
Need for women’s reservation in legislature
• Under-representation of women in legislature: 74 MPs elected to 18th LS are women. This is marginally
lower than in 2019, when 78 women were elected.
• Gender-sensitization of public policy: To address problems like lower female labour force participation,
increasing crime rates against women, etc.
• Evidence from reservation at local level: According to Oxfam India, reservation for women at local level
led to increase in reporting of crimes, improved access to basic amenities like drinking water, schools, etc.
• Patriarchal nature of political parties.
Concerns with the Act
• Against equality: Reservation contradicts the constitutional principle of equality, as women may not be
competing on merit.
• Impact on voter’s choices: Counter the idea of self-determination (being involved in decision-making).
• Non-homogeneous group: Women, unlike caste groups, are not a homogeneous community, thus
arguments for caste-based reservations do not apply to them.
• Less impact on political empowerment of women: There are larger issues of electoral reforms like
criminalization of politics, internal democracy in political parties, etc., that might act as an impediment.
• Rotating seats after each delimitation: This may decrease MPs' motivation to work for their constituencies
due to uncertainty of re-election in same area.
• No reservation in Rajya Sabha and Legislative Councils of States: It is against Geeta Mukherjee
Committee (1996) recommendation.
Conclusion
To achieve desired outcomes, it is vital to conduct and publish the census data and delimitation exercise
under Article 82 within the specified time limits. Furthermore, capacity building efforts should focus on involving
civil society and other institutions in providing training and mentorship to women leaders at the local level,
thereby promoting effective and inclusive leadership.
8.2. TELECOMMUNICATIONS ACT, 2023

Why in the news?
Recently, multiple sections of Telecommunications Act, 2023 (replace Indian Telegraph Act 1885) came into
effect.
Salient features of Act that comes into force
• Define various terminologies like telecommunication, spectrum, user etc., thereby reducing
uncertainties and improving investor confidence and ease of doing business.
• RoW (Right of Way) framework over public or private property shall be granted on a non-discriminatory
and non-exclusive basis.
• Central Government may notify standards and conformity assessment measures for
telecommunication services, networks, security, distribution and sale of telecommunication equipment;
etc.
• Protection of users (by Central government) which include prior consent to receive specified messages
like advertising messages, creation of Do Not Disturb registers, etc.
• Expands scope of Universal Service Obligation Fund which will now become Digital Bharat Nidhi (under
control of central government).
o This fund can be used to support research and development of telecommunication services,
technologies, products and pilot projects.

Other Key Provisions of Act
Key provisions Telecommunications Act 2023
Assignment of • Spectrum allocation will be through auction and for specified uses on an
spectrum administrative basis.
Appointments • TRAI Act has been amended to allow individuals with:

to TRAI o at least 30 years of professional experience to serve as 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 offences.
process • Appeals against the orders of Designated Appeals Committee, in connection to
breach of terms and conditions, may be filed with Telecom dispute settlement and
appellate tribunal within 30 days.
Authorization • Prior authorization of central government needed to provide, operate, maintain or
for telecom- expand new telecommunication services and to possess radio equipment.
related
activities
Some concerns highlighted with Act
• Privacy concerns: Provision of allowing interception and monitoring of messages can be misused, leading
to issues like data leakages.
o Also, requirement of biometric verification for users may not be proportionate and hence, may
infringe upon fundamental right to privacy.
• Lack of clarity in definitions: Broad definition of telecommunication services is open to interpretation

and could include online platforms like WhatsApp.
• Delegated legislation: Government may add, modify, or remove offences in Third Schedule to Act by a
notification. It has been debated that such changes should only be through an Act of Parliament.
Conclusion
Act straightens out several issues in Telecom Sector like issue of Spectrum allocation. To further restore health
of telecom sector and address apprehensions, multi-stakeholder approach should be taken towards its
implementation.
8.2.1. OVER-THE-TOP (OTT) PLATFORMS REGULATIONS

Why in the News?
Ministry of Information & Broadcasting (I&B) has taken action in coordination with various intermediaries to
block 18 OTT platforms (Hunters, Rabbit,Prime Play etc.) publishing obscene and vulgar content.
About Over the Top (OTT) Platforms
• OTT is an application accessed and delivered over the public Internet.
o OTT communications services, provide real-time person to person telecommunication services over

internet e.g. Whatsapp, Telegram etc.
o OTT application services, include all other OTT services like media services, trade and commerce
services, cloud services, social media e.g. Facebook, Amazon, Netflix etc.
• Regulation of OTT Platforms
o IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 under IT Act 2000 prescribe a
framework for regulation of content by online publishers of news and current affairs and curated audio-
visual content (like films, series, and podcasts).
o Recently, Union Minister for communications and IT clarified that OTT communication services like
WhatsApp are not covered under Telecommunications Act 2023.
o Telecom Disputes Settlement and Appellate Tribunal held that OTT streaming platforms do not fall
under the jurisdiction of TRAI.
Why Regulate OTT Platforms?
• Consumer Protection: Regulations enforce standards for privacy, data security, and transparent
subscription practices, safeguarding consumers.
• Content Broadcast: OTT platforms often feature explicit drug use, violence, and abusive language,
potentially eroding societal norms and values.
• Revenue Generation: Regulation ensures proper reporting and taxation of revenues from OTT platforms,
contributing to the economy.
• Security: OTT communication services can be misused by terrorists and anti-social elements, necessitating
regulation. It also facilitates selectively ban of OTT Apps in disturbed areas to prevent disruption of critical
services such as education and health.
• Level Playing Field: Regulating OTT platforms promotes fair competition, ensuring traditional media like TV
and cinema, which face strict content regulations, are not disadvantaged.
Concerns associated with regulation of OTT Platforms
• Potential of Over Regulation: Imposing additional regulations could negatively impact spontaneous
initiatives and partnerships driving the growth of sectors.
• Economic Impacts: A unified regulatory framework could raise costs for OTTs, potentially increasing
consumer prices and hindering innovation due to diverted resources.
• Barrier to Entry: Complex collaboration regulations for new OTT entrants could hinder their establishment,
reducing competition in the OTT space.
• International Jurisdiction Issues: OTT platforms operate globally, thus a singular regulatory framework in
one country can complicates OTT operations for global audiences.
Way Forward
• Regulatory framework: Develop a comprehensive regulatory framework that specifically caters to unique
characteristics of OTT platforms, and ensure that regulations remain dynamically relevant in a rapidly
changing digital landscape.
• Freedom vs competition: Steps should be taken to strike a balance between creative freedom, responsible
content consumption, consumer protection, and fair competition.
8.2.2. INTERNET SHUTDOWN

Why in the news?
As per an ‘Access Now’ report, India witnessed 116 shutdowns in 2023, the highest number of shutdowns in
world for the sixth consecutive year.
About Internet shutdown
• Internet Shutdown is an intentional disruption of internet communications for specific population or
within a location for any duration of time, often to exert control over information flow.
• Currently, suspension of telecom services (including internet shutdowns) is governed by Temporary

Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, notified under Indian
Telegraph Act, 1885.
o It provides for a temporary shutdown of telecom services in a region on grounds of public emergency
(up to 15 days at once).
• Orders of
temporary
suspension are to
be issued by
Union/State
Home Secretary
Only.
o Under 2017
Rules, three-
member
Review
Committee
headed by
Cabinet
Secretary at
central level
and Chief Secretary at state level, reviews telecom/internet shutdown orders.
Impact of Internet Shutdown
• Economic loss: Loss of $118 million in foreign investment from Jan- June 2023 alone.
• Fundamental rights: Impact access to information, curbing digital freedom and fundamental rights like
freedom of speech and expression (Article-19), practice any profession (Article 19 (1) (g)) etc.
• Inequality: Shutdowns disproportionately affect marginalized communities, hindering their access to
newer revenue streams and opportunities.
• Disaster management: Loss of communication hinders information dissemination w.r.t. early warning,
evacuation routes, and further exacerbating impact of disasters.
• Education and Healthcare: Shutdowns hinders access to online services like education platforms,
healthcare information etc.
• Protest and Violence: Disconnects people from rest of world, creating ambiguity, frustration, and further
triggering strikes that can escalate into violence.
• Human rights abuse: Shutdowns impedes accountability where attackers utilise the disruption to cover up
their offenses like killing, arson, gender-based violence etc.
Way ahead
• Recommendations of Parliamentary Standing Committee:
o Codify defined parameters that constitute as public emergency and public safety.
o Putting in place a mechanism to decide merit of an internet shutdown.
o Lay down clear principle of proportionality (action taken not excessive relative to the desired outcome)
and procedure for lifting of shutdown.
o Department of Telecommunication should formulate policy to selectively restrict use of OTT services
instead of banning internet as a whole.
• Government should clearly communicate to users any limitations, restrictions, or change to
service they may experience and provide regular updates on status and duration of shutdown.

8.3. PRESS AND REGISTRATION OF PERIODICALS ACT, 2023
Why in the news?
President has granted assent to Press and Registration of Periodicals Bill, 2023 repealing the colonial era law
of the Press and Registration of Books Act, 1867.
Benefits of PRP Act 2023

• Digitalization: It allows for information regarding printing presses to be submitted through an online portal.
• Fast-tracking process: Act allows the publisher of a periodical to obtain a registration certificate by filing
an online application with Press Registrar General (PRG) and specified local authority.
• Decriminalization: It substantially decriminalizes all violations under the old one, thus shedding colonial
legacy. For e.g., by replacing jail terms with fines.
• Provides clarity: on cases like facsimile editions of a foreign publication, Circulation Verification of
newspapers, Ownership Transfer etc.
o For e.g., Facsimile (exact reproduction of original) of a foreign periodical may be printed in India only
with prior approval of central government.
• Ease in Cancelling Registration process: It empowers PRG to suspend/cancel Certificate of Registration.
o In 1867 Act, only District Magistrate could cancel the declaration of a periodical.
Conclusion
2023 act is in sync with the present age of free press and upholding media freedom. It provides for digital
governance with an emphasis on faster and more efficient service delivery through a troika of trust,
transparency, and technology.
9. MISCELLANEOUS
9.1. CIVIL SOCIETY AT A GLANCE

9.1.1. RELATIONSHIP BETWEEN STATE AND CIVIL SOCIETY
Why in the News?
The trend of states privatizing previously public services or outsourcing governance functions to private entities
has reshaped the role of government and its relationship with both the private sector and civil society
organizations (CSOs).
More on News
• Reshaping of the role of government is quite evident in increasing use of PPP in execution of public
projects, strategic divestment under New Public Sector Enterprise (PSE) Policy for Atma Nirbhar Bharat,
etc.
• Further, reshaping of relationship between state and CSOs can be seen in increased emphasis on
stakeholder engagement, social audits and citizen monitoring of government programs, etc.
• This reshaping of the role of government and its relationship with private sector and civil society largely falls
under ‘New Public Governance’.
About New Public Governance (NPG)
• NPG emphasizes collaboration across government, private, and civil sectors to tackle societal
challenges, prioritizing participative, inclusive approaches over market-driven models.
• It focuses on democratic engagement and co-production of services, aiming for holistic and network-
based governance solutions.
• Governance model under NPG differs from traditional approaches to governance, namely – Welfare state
and New Public Management.
Manifestation of NPG in relationship between State and CSOs in India
Cooperation
• Collaborative partnership in
implementation of social welfare
schemes and developmental programs.
o e.g., Akshaya Patra Foundation works
with the government to provide mid-
day meals to school children.
• Policy engagement in policy formulation

and provide expert inputs to state
agencies
o e.g., Centre for Policy Research
contributes to policy formulation
through research and consultations
with government bodies.
Conflict
• Regulatory: Increased scrutiny and regulations of CSOs, particularly regarding foreign funding.
o e.g., In 2020, Amnesty International ceased operations in India citing freezing of its bank accounts under
FCRA regulations.
• Advocacy and activism: CSOs involved in advocacy, particularly on issues like human rights,
environmental protection, and social justice, often face challenges from the state.
o e.g., Narmada Bachao Andolan faced challenges in advocacy against large dam projects.
Conclusion
While there are many areas of productive engagement, particularly in service delivery and development work,
there are also challenges around advocacy, funding, and regulatory compliance. The relationship continues to
evolve, shaped by political, social, and economic factors in the contemporary diverse and dynamic context.
9.2. SOCIALISM IN INDIA

Why in the News?
Eminent Socialist leader and former Chief Minister of Bihar Karpoori Thakur has been conferred with Bharat
Ratna, posthumously.
About Socialism
• Socialism deals with principles which envisage establishment of a society where all individuals enjoy
equality in different walks of life – economic, political, social, etc.
• Two types of socialism: Revolutionary (Marxian) socialism and Evolutionary socialism.
o Revolutionary: Advocates violent revolution to abolish private property and establish a dictatorship of
the proletariat.
o Evolutionary: Advocates for social forces to assist state organs in forming and implementing socialist
policies.
• Prominent Indian socialist leaders: Acharya Narendra Dev, Jaya Prakash Narayan, Ram Manohar Lohia,
among others.
o Acharya Narendra Dev's visit to address a peasant rally at Waini motivated Karpoori Thakur to join
freedom movement and Socialist politics.
Contributions of Socialist politics in India
• Pre – independence
o Socialist ideals like anti-colonialism, equality, social justice, etc., provided ideological framework for
freedom struggle.
o Grassroots mobilization of workers, peasants, and marginalized communities by Socialist leaders/
organizations in nationalist movement.
• Post – independence
o Constitutional: Ideals of equality and social justice enshrined in Constitution are inspired by socialist
principles.
o Strengthening democracy: Socialist leaders, parties, and movements led to emergence of regional

political parties which played crucial role in strengthening Indian democratic system.
o Economic policy: Socialist policies emphasized state involvement in sectors like steel, energy, and
heavy industries, leading to development of Mahalanobis Plan and Public Sector Enterprises.
o Social welfare: Socialist principles shaped welfare programs for marginalized sections like PDS,
reservation policies etc.
ü Different socialist movements like Bhoodan movement by Acharya Vinobha Bhave influenced
policies like land reforms.
Contemporary relevance of Socialism in India
• Social justice imperative: Persistent social issues like caste discrimination, disparity in access to basic
amenities like health and education, etc., call for inclusion of socialist principles in state policies.
• Emergence of new forms of discrimination and issues like discrimination based on sexuality, religious
intolerance, etc., also seek advocacy for socialist policies in governance.
• Economic inequality: Addressing stark economic equality need emphasis on socialist principles like
wealth redistribution, guaranteed access to basic necessities, etc.
o e.g., Mandatory Corporate Social Responsibility and Progressive taxation policy are, in essence, a
reflection of socialist ideals in economic sphere.
• Issues with Capitalism: Market-driven model of growth is associated with different set of issues such as
exploitation of labor, environmental degradation, etc.
o In such context, socialism can prove to be an alternative to promote collective well-being over
individual profits.
• Political landscape: Political parties and social groups align themselves with varying degrees of socialist
ideologies, thus influencing policy discussions and implementation based on socialist principles.
Contemporary challenges for Socialism
• LPG reforms: Economic liberalization under LPG reforms in early 1990s resulted in a shift socialist policy of
the past towards a more market-oriented approach.
o Integration of Indian economy with Global economy resulted in greater emphasis on need to
participate in global trade and attract foreign investment.
• Adverse economic precedents: Stagnant growth rate (around 4% - termed by some scholars as ‘Hindu
Rate of Growth’) during pre-LPG reforms era.
o Economic and business activities during that era were characterized by License-Quota-Permit Raj
which resulted in rent-seeking activities, inefficient performance of PSEs, among others.
• Fragmented political ecosystem: with emergence of stronger regional parties and deviation from
ideologies for electoral gains.
• Socio-cultural: Rising aspirations of the middle class for material prosperity conflict with socialism's
emphasis on collective well-being.
• Legitimacy and credibility: Historical baggage of negative connotations associated with past socialist
regimes and state-controlled economy. E.g., Disintegration of erstwhile USSR.
Way Forward
• Balancing socialism with market economy: Strike an effective balance between state intervention and
market mechanisms to achieve inclusive and sustainable development.
o Promote socially responsive market economy by ensuring effective implementation of concepts like
CSR, ESG, etc., in corporate governance.
• Strengthen public sector efficiency: By enhancing transparency, improving accountability, and reducing
bureaucratic red tape to curb corruption and enhance effectiveness of service delivery to citizens.
• Encourage democratic socialism: Through participatory decision-making and civic engagement in policy
making to reflect diverse needs and aspirations in policies of the State.
• Harness technology, like digital platforms, for efficient governance, citizen engagement, and empowering
marginalized communities.
• International collaboration: Foster partnerships and collaboration with like-minded countries and
international organizations to advance collective social good in international context.
9.3. RIGHT TO INFORMATION (RTI)

Why in the news?
Supreme Court directed Centre and State governments to fill the vacancies in Central Information Commission
(CIC) and State Information Commission (SIC).
About the Right to Information (RTI)
• RTI means that any Indian citizen can request any information (which is supposed to be public knowledge)
from offices and departments of state or central governments.
o Government of India passed a landmark Right to Information Act in 2005.
o It replaced Freedom of Information Act, 2002.
• Earlier in 1986, Supreme Court through its judgement in Mr. Kulwal v/s Jaipur Municipal Corporation case
directed that freedom of speech and expression provided under Article 19 implies RTI, as without
information freedom of speech and expression cannot be fully used by citizens.

Concerns associated with implementation of Right to Information (RTI)
• Poor record-keeping: RTI applicants have been denied information due to factors like lack of records;
records are not in a proper format or have gone missing.
o Information was denied especially in case information was sought on buildings, land titles, and
transfer of officers among others.
• Lack of infrastructure and staff: As per Commonwealth Human Rights study, total number of RTI pleas
rose by 83% between 2012-13 and 2018-19.
o Also, ICs in Manipur, Chhattisgarh, Maharashtra, Bihar, and Punjab are functioning without a CIC.
• Huge pendency and delays: As per Satark Nagrik Sangathan study, approx. 3.14 lakh appeals and
complaints were pending as of June 2022.
• Threat and Violence: In last 15 years, more than 80 people who had filed RTI applications have been killed
while 175 others have been attacked, and several applicants reported being harassed.
• Lack of awareness among masses: about their rights under RTI Act, leading to underutilization of law
especially in rural India.
Way forward
• Filling up vacant posts: As mandated by Supreme Court in Anjali Bhardwaj and Ors v. Union of India case
2019.
• Awareness Campaigns: Conduct extensive awareness campaigns and make it a part of school/college
curriculum to educate citizens about their rights.
• Protect whistleblowers: Strengthen legal provisions to protect whistleblowers from disclosing information
in public interest.
• Provide training programs: For government officials to familiarize them with RTI Act provisions, conduct
capacity-building programs for Public Information Officer etc. to keep them updated on RTI Act and its
implementation.
• Proactive disclosure of information: By public authorities without formal RTI requests which can further
reduce burden of RTI applications and enhance transparency in governance structure.
9.4. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

Why in the news?

Recently, United Nations-linked Global Alliance of National Human Rights Institutions (GANHRI) deferred the
accreditation of NHRCI (National Human Rights Commission of India) for second year in a row.
About the National Human Rights Commission (NHRC)
• Genesis: It is a statutory body, established under Protection of Human Rights Act (PHRA), 1993 as
amended in 2006 and in 2019.
• Appointment: Chairperson and Members of Commission are appointed by President of India, on
recommendations of a committee, headed by Prime Minister
• Powers of NHRC: It has all the powers of a civil court trying a suit under Code of Civil Procedure, 1908.
Issues associated with the NHRC

NHRC cannot consider complaints for human rights violations which happened more than one year before
filing of complaints or issues which are subjudice. This puts limits on its power.
Moreover, GANHRI has pointed out the following issues:

• Lack of diversity: Only 95 out of 393 staff positions are held by women in leadership positions in NHRCI.
• Government dominated selection Committee, thus curbing dissent of opposition.
• Government interference: PHR Act provides for recruiting civil servants with rank of Secretary as
Secretary General of NHRCI which may lead to government interference in violation of Paris Principles.
• Investigation resources: NHRC rely on deputed officials for investigation. They may lack accountability due
to insufficient oversight mechanisms.
• Limited Engagement with Civil Society.
Way forward
• Independence: PHR Act should be amended in a manner that allows independent appointment of qualified
persons for investigative positions in line with Paris principles.
• Investigation: There is need for an independent police complaint commission to deal exclusively with
human rights issues, as in the UK and South Africa. Also, steps should be taken to develop the
investigation wing of NHRC.
• Effective utilisation of statutory power: Section 17 of PHR Act empowers NHRC to conduct its
investigation if Centre/state government do not respond within stipulated time.
• Wider collaboration: Regular and constructive engagement with all relevant stakeholders like civil society

is essential for NHRIs to effectively fulfil their mandates.
• Other reforms: Appointment process must ensure the composition of NHRC reflects India’s diversity, a
time limit of one year should be relaxed, etc.
10. PREVIOUS YEAR QUESTIONS 2013-2023 (SYLLABUS-

WISE)
Indian Constitution: Historical underpinnings, evolution, features, amendments, significant provisions
and basic structure
• Explain the constitutional perspective of Gender Justice with the help of relevant Constitutional Provisions
and case laws. (2023) 15
• “The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution
made for a progressive society.” Illustrate with special reference to the expanding horizons of the right to
life and personal liberty. (2023) 15 Marks
• “Right of movement and residence throughout the territory of India are freely available to the Indian citizens,
but these rights are not absolute”. Comment. (2022) 10
• ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain
the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (2021) 10
• “Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute
power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can
destroy the Basic Structure of the Constitution by expanding its amending power? (2019) 15
• Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right
to Privacy. (2017)15
• Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present
circumstances? (2016) 12.5
• Did the Government of India Act, 1935 lay down a federal constitution? Discuss. (2016) 12.5
• Discuss the possible factors that inhibit India from enacting for its citizen a uniform civil code as provided
for in the Directive Principles of State Policy. (2015) 12.5
• Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in
ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by
judicial activism in achieving the ideals of democracy. (2014) 12.5
• What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech
also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.
(2014) 12.5
• Discuss Section 66A of IT Act, with reference to its alleged violation of Art 19. (2013) 10
• ‘The Supreme Court of India keeps a check on arbitrary power of the Parliament in amending the
Constitution.’ Discuss critically. (2013) 10
• The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can
manage as a team. How far is the efficacy of a government then inversely related to the size of the cabinet?
Discuss. (2014) 12.5
• Many State Governments further bifurcate geographical administrative areas like Districts and Talukas for
better governance. In light of the above, can it also be justified that more number of smaller States would
bring in effective governance at State level? Discuss. (2013) 10
Functions and responsibilities of the Union and the States, Issues and challenges pertaining to the federal
structure
• Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect the
accommodative spirit of federalism? (2023) 15
• The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe
within a particular state is being questioned by various States. However, the power of States to withhold
consent to the CBI is not absolute. Explain with special reference to the federal character of India. (2021)
15
• How far do you think cooperation, competition and confrontation have shaped the nature of federation in
India? Cite some recent examples to validate your answer (2020) 15
• Indian constitution exhibits centralising tendencies to maintain unity and integrity of the nation. Elucidate in
the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently
passed Farm Acts. (2020) 15
• From the resolution of contentious issues regarding distribution of legislative powers by the courts,
‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. (2019) 10
• Explain the salient features of the constitution (One Hundred and First Amendment) Act, 2016. Do you think
it is efficacious enough ‘to remove cascading effect of taxes and provide for common national market for
goods and services? (2017) 15
• To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with
respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in
the context of Indian polity. (2016) 12.5
• The concept of cooperative federalism has been increasingly emphasised in recent years. Highlight the
drawbacks in the existing structure and the extent to which cooperative federalism would answer the
shortcomings. (2015) 12.5
• Though the federal principle is dominant in our Constitution and that principle is one of its basic features,
but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre, a

feature that militates against the concept of strong federalism. Discuss. (2014) 12.5
Devolution of powers and finances up to local levels and challenges therein
• To what extent, in your opinion, as the decentralization of power in India changed the governancelandscape
at the grassroots? (2022) 10
• The strength sustenance of local institutions in India has shifted from their formative phase of ‘Functions,
Functionaries and Funds’ to the contemporary stage of ‘Functionality’. Highlight the critical challenges
faced by local institutions in terms of their functionality in recent times. (2020) 15
• “The reservation of seats for women in the institutions of local self- government has had a limited impact
on the patriarchal character of the Indian Political Process.” Comment. (2019) 15
• Assess the importance of the Panchayat system in India as a part of local government. Apart from
government grants, what sources the Panchayats can look out for financing development projects? (2018)
15
• “The local self-government system in India has not proved to be effective instrument of governance”.
Critically examine the statement and give your views to improve the situation. (2017) 10
• In absence of well–educated and organised local level government system, ‘Panchayats’ and ‘Samitis’ have
remained mainly political institutions and not effective instruments of governance. Critically discuss.
(2015) 12.5
• Khap panchayats have been in the news for functioning as extra–constitutional authorities, often delivering
pronouncements amounting to human rights violations. Discuss critically the actions taken by the
legislative, executive and the judiciary to set the things right in this regard. (2015) 12.5
Separation of powers between various organs, dispute redressal mechanisms and institutions
• Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity
and inclusiveness. (2021) 10
• Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian
Constitution. In this context justify the filing of large number of public interest petitions praying for issuing
guidelines to executive authorities. (2020) 15
• Do you think that constitution of India does not accept principle of strict separation of powers rather it is
based on the principle of ‘checks and balance’? Explain (2019) 10
• Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor
and elected government of Delhi? Examine. (2018) 15
• Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any, that have led to
recent reported conflicts between the elected representatives and institution of Lieutenant Governor in the
administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian
Federal Politics? (2016) 12.5
Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and
issues arising out of these
• Explain the structure of the Parliamentary Committee system. How far have the financial committees
helped in the institutionalisation of Indian Parliament? (2023) 15 Marks
• Discuss the role of presiding officers of state legislatures in maintaining order and impartiality in conducting
legislative work and in facilitating best democratic practices. (2023) 10 Marks
• Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of
re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022) 15
• Discuss the role of the Vice –Presidents of India as the chairman of the Rajya Sabha. (2022) 10
• Do Department -related Parliamentary Standing Committees keep the administration on its toes and inspire
reverence for parliamentary control? Evaluate the working of such committees with suitable examples.
(2021) 15
• Explain the constitutional provisions under which Legislative Councils are established. Review the working
and current status of Legislative Councils with suitable illustrations. (2021) 15

• To what extent, in your view, the Parliament is able to ensure accountability of the executive in India? (2021)
10
• “Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to
the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of
parliamentary business in India. (2020) 10
• Rajya Sabha has been transformed from a ‘useless stepney tyre’ to the most useful supporting organ in past
few decades. Highlight the factors as well as the areas in which this transformation could be visible.(2020)
15
• Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely
impacted the quality of debates and their outcome. Discuss. (2019) 15
• Why do you think the committees are considered to be useful for parliamentary work? Discuss, in this
context, the role of the Estimates Committee. (2018) 10
• The Indian Constitution has provisions for holding a joint session of the two houses of the Parliament.
Enumerate the occasions when this would normally happen and also the occasions when it cannot, with
reasons thereof. (2017) 15
• “The Indian party system is passing through a phase of transition which looks to be full of contradictions and
paradoxes.” Discuss. (2016) 12.5
• What was held in the Coelho case? In this context, can you say that judicial review is of key importance
amongst the basic features of the Constitution? (2016) 12.5
• The ‘Powers, Privileges and Immunities of Parliament and its Members’ as envisaged in Article 105 of the
Constitution leave room for a large number of un-codified and un-enumerated privileges to continue.
Assess the reasons for the absence of legal codification of the ‘parliamentary privileges’. How can this
problem be addressed? (2014) 12.5
• The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy
constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-
defection law which was legislated but with a different intention? (2013) 10
• Constitutional mechanisms to resolve the inter-state water disputes have failed to address and solve the
problems. Is the failure due to structural or process inadequacy or both? Discuss. (2013) 10
Structure, organization and functioning of the Executive and the Judiciary; Ministries and Departments of
the Government
• Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the
Union Governments since mid 1990s. (2023) 15 Marks
• “Constitutionally guaranteed judicial independence is a prerequisite of democracy.” Comment. (2023) 10
• “The most significant achievement of modern law in India is the constitutionalization of environmental
problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (2022) 10
• “The Attorney-General is the chief legal adviser and lawyer of the Government of India.” Discuss. (2019)15
• Under what circumstances can the Financial Emergency be proclaimed by the President of India? What
consequences follow when such a declaration remain in force? (2018) 10
• How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of the
above, discuss the constitutional validity and competency of the tribunals in India? (2018) 15
• Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act,
2014’ with reference to appointment of judges of higher judiciary in India. (2017) 10
• Resorting to ordinances has always raised concern on violation of the spirit of separation of powers
doctrine. While noting the rationales justifying the power to promulgate ordinances, analyse whether the
decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the

power to promulgate the ordinances be repealed? (2015) 12.5
• What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent
Ordinance promulgated by the President? How far will it improve India’s dispute resolution mechanism?
Discuss. (2015) 12.5
• Does the right to clean environment entail legal regulation on burning crackers during Diwali? Discuss in the
light of Article 21 of Indian Constitution and Judgement(s) of the Apex court in this regard. (2015) 12.5
• Instances of President’s delay in commuting death sentences has come under public debate as denial of
justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse.
(2014) 12.5
Appointment to various Constitutional posts, powers, functions and responsibilities of various
Constitutional Bodies, Statutory, regulatory, and various quasi-judicial bodies
• Who are entitled to receive free legal aid? Assess the role of the National Legal Service Authority (NALSA) in
rendering free legal aid in India. 2023 (10)
• Discuss the role of the National Commission for Backward Classes in the wake of its transformation from a
statutory body to a constitutional body. (2022) 10
• Though the Human Rights Commissions have contributed immensely to the protection of human rights in
India, yet they have failed to assert themselves against the mighty and powerful. Analyzing their structural
and practical limitations, suggest remedial measures. (2021) 15
• How have the recommendations of the 14th Finance Commission of India enabled the states to improve
their fiscal position? (2021) 10
• Which steps are required for constitutionalization of a commission? Do you think imparting
constitutionality to the National Commission for Women would ensure greater gender justice and
empowerment in India? Give reasons. (2020) 15
• “The Central Administration Tribunal which was established for redressal of grievances and complaints by
or against central government employees, nowadays is exercising its powers as an independent judicial
authority.” Explain. (2019) 10
• In the light of recent controversy regarding the use of Electronic Voting Machine (EVM), what are the
challenges before the Election Commission of India to ensure the trustworthiness of elections in India?
(2018) 10
• “The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected in
the method and terms of his appointment as well as the range of powers he can exercise. (2018) 10
• How is the Finance Commission of India constituted? What do you know about the terms of reference ofthe
recently constituted Finance Commission? Discuss. (2018) 15
• Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of
constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (2018)
10
• Multiplicity of various commissions for the vulnerable sections of the society leads to problems of
overlapping jurisdiction & duplication of functions. Is it better to merge all commissions into an umbrella
human rights commission? Argue your case. (2018) 15
• Exercise of CAG’s powers in relation to the accounts of the Union and the States is derived from Article 149
of the Indian Constitution. Discuss whether audit of the Government’s policy implementation could amount
to overstepping its own (CAG) jurisdiction. (2016) 12.5
• What is quasi-judicial body? Explain with the help of concrete examples. (2016) 12.5
• National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately
supported by other mechanisms that ensure the accountability of a government. In light of the above
observation assess the role of NHRC as an effective complement to the judiciary and other institutions in
promoting and protecting human rights standards. (2014) 12.5
• Discuss the recommendations of the 13th Finance Commission which have been a departure from the
previous commissions for strengthening the local government finances. (2013) 10
•
The product diversification of financial institutions and insurance companies, resulting in overlapping of
products and services strengthens the case for the merger of the two regulatory agencies namely SEBI and
IRDA. Justify. (2013) 10
Comparison of the Indian constitutional scheme with that of other countries
• Compare and contrast the British and Indian approaches to Parliamentary sovereignty. (2023) 10 Marks
• Critically examine the procedures through which the Presidents of India and France are elected. (2022) 15
• Analyze the distinguishing features of the notion of Equality in the Constitutions of the USA and India.
(2021) 15
• The judicial systems in India and UK seem to be converging as well as diverging in the recent times.
Highlight the key points of convergence and divergence between the two nations in terms of their judicial
practices. (2020) 10
• What can France learn from the Indian Constitution’s approach to secularism? (2019) 10
• India and USA are the two large democracies. Examine the basic tenets on which the two political systems
are based. (2018) 15
Salient features of the Representation of People’s Act
• Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of
Conduct. (2022) 15
• While the national political parties in India favour centralisation, the regional parties are in favour of State
autonomy.” Comment. (2022) 15
• Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or
State Legislature under the Representation of the People Act, 1951. What are the grounds on which the
election of any returned candidate may be declared void? What remedy is available to the aggrieved party
against the decision? Refer to the case laws. (2022) 15
• “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt
practices under the Representation of peoples Act” Comment (2020) 10
• On what grounds a people’s representative can be disqualified under the Representation of People Act,
1951? Also mention the remedies available to such person against his disqualification. (2019) 15
• ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money
spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (2017) 10
• To enhance the quality of democracy in India the Election Commission of India has proposed electoral
reforms in 2016. What are the suggested reforms and how far are they significant to make democracy
successful? (2017) 15
Governance and Policy Government policies and interventions for development in various sectors and
issues arising out of their design and implementation
• “Development and welfare schemes for the vulnerable, by its nature, are discriminatory in approach.” Do
you agree? Give reasons for your answer. (2023) 15 Marks
• The crucial aspect of developmental process has been the inadequate attention paid to Human Resource
Development in India. Suggest measures that can address this inadequacy. (2023) 10
• Do you agree with the view that increasing dependence on donor agencies for development reduces the
importance of community participation in the development process? Justify your answer. (2022) 15
• Besides the welfare schemes, India needs deft management of inflation and unemployment to serve the
poor and the underprivileged sections of the society. Discuss. (2022) 15
• “Besides being a moral imperative of Welfare State, primary health structure is a necessary pre-condition
for sustainable development.” Analyze. (2021) 10
• ‘In the context of neo-liberal paradigm of development planning, multi-level planning is expected to make
operations cost effective and remove many implementation blockages.’- Discuss. (2019) 15

• “Policy Contradictions among various competing sectors and stakeholders have resulted in inadequate
‘protection and prevention of degradation’ to environment.” Comment with relevant illustrations. (2018)10
• Has the Indian governmental system responded adequately to the demands of Liberalization, Privatization
and Globalization started in 1991? What can the government do to be responsive to this important change?
(2016) 12.5
• “For achieving the desired objectives, it is necessary to ensure that the regulatory institutions remain
independent and autonomous.” Discuss in the light of experiences in recent past. (2015) 12.5
• Two parallel run schemes of the Government, viz. the Aadhaar Card and NPR, one as voluntary and the other
as compulsory, have led to debates at national levels and also litigations. On merits, discuss whether or not
both schemes need run concurrently. Analyse the potential of the schemes to achieve developmental
benefits and equitable growth. (2014) 12.5
• Though 100 percent FDI is already allowed in non-news media like a trade publication and general
entertainment channel, the Government is mulling over the proposal for increased FDI in news media for
quite some time. What difference would an increase in FDI make? Critically evaluate the pros and cons.
(2014) 12.5
• The setting up of a Rail Tariff Authority to regulate fares will subject the cash strapped Indian Railways to
demand subsidy for obligation to operate non-profitable routes and services. Taking into account the
experience in the power sector, discuss if the proposed reform is expected to benefit the consumers, the
Indian Railways or the private container operators. (2014) 12.5
• An athlete participates in Olympics for personal triumph and nation’s glory; victors are showered with cash
incentives by various agencies, on their return. Discuss the merit of state sponsored talent hunt and its
cultivation as against the rationale of a reward mechanism as encouragement. (2014) 12.5
• Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to
override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian
Constitution. (2013) 10
Pressure groups & formal/informal associations & their role in Polity
• “Pressure groups play a vital role in influencing public policy making in India.” Explain how the business
associations contribute to public policies. (2021) 10
• What are the methods used by the Farmers organizations to influence the policy- makers in India and how
effective are these methods? (2019) 10
• How do pressure groups influence Indian political process? Do you agree with this view that informal
pressure groups have emerged as powerful as formal pressure groups in recent years? (2017) 10
• Pressure group politics is sometimes seen as the informal face of politics. With regards to the above, assess
the structure and functioning of pressure groups in India. (2013) 10
Development processes and the development industry- the role of NGOs, SHGs, various groups and
associations, donors, charities, institutional and other stakeholders
• Skill development programmes have succeeded in increasing human resources supply to various sectors.
In the context of the statement, analyse the linkages between education, skill and employment. (2023) 15
• Discuss the contributions of civil society groups for women’s effective and meaningful participation and
representation in State Legislatures in India. (2023) 15
• Discuss the role of the Competition Commission of India in containing the abuse of dominant position by
the Multi-National Corporations in India. Refer to the recent decisions. (2023) 10
• “The states in India seem reluctant to empower urban local bodies both functionally as well as financially.”
Comment 2023 (10 Marks)
• Can Civil Society and Non-Governmental Organizations present an alternative model of public service
delivery to benefit the common citizen. Discuss the challenges of this alternative model. (2021) 15
• “Micro-Finance as an anti-poverty vaccine, is aimed at asset creation and income security of the rural poor
in India”. Evaluate the role of Self-Help Groups in achieving the twin objectives along with empowering
women in rural India. (2020) 15
• The need for cooperation among various service sector has been an inherent component of development
discourse. Partnership bridges bring the gap among the sectors. It also sets in motion a culture of
‘Collaboration’ and ‘team spirit’. In the light of statements above examine India’s Development process.
(2019) 15
• Despite Consistent experience of High growth, India still goes with the lowest indicators of human
development. Examine the issues that make balanced and inclusive development elusive. (2019) 10
• The emergence of Self-Help Groups (SHGs) in contemporary times points to the slow but steady withdrawal
of the state from developmental activities’. Examine the role of the SHGs in developmental activities and
the measures taken by the Government of India to promote the SHGs. (2017) 15
• “In the Indian governance system, the role of non-state actors has been only marginal.” Critically examine
this statement. (2016) 12.5
• “Effectiveness of the government system at various levels and people’s participation in the governance
system are interdependent” Discuss their relationship in the context of India. (2016) 12.5
• Examine critically the recent changes in the rules governing foreign funding of NGOs under the Foreign
Contribution (Regulation) Act (FCRA), 1976. (2015) 12.5
• The Self Help Group (SHG) Bank Linkage Programme (SBLP), which is India’s own innovation , has provedto
be one of the most effective poverty alleviation and women empowerment programmes. Elucidate. (2015)
12.5
• How can the role of NGOs be strengthened in India for development works relating to protection of the
environment? Discuss throwing light on the major constraints. (2015) 12.5
• The penetration of Self Help Groups (SHGs) in rural areas in promoting participation in development
programmes is facing socio-cultural hurdles. Examine. (2014) 12.5
• The legitimacy and accountability of Self Help Groups (SHGs) and their patrons, the micro-finance outfits,
need systematic assessment and scrutiny for the sustained success of the concept. Discuss. (2013) 10
Important aspects of governance, transparency and accountability, e-governance- applications, models,
successes, limitations, & potential
• e-governance, as a critical tool of governance, has ushered in effectiveness, transparency and
accountability in governments. What inadequacies hamper the enhancements of these features? (2023) 10
• “The emergence of Fourth Industrial Revolution (Digital Revolution) has initiated e-Governance as an
integral part of government”. Discuss. (2020) 10
• Implementation of information and Communication Technology (ICT) based Projects / Programmes usually
suffers in terms of certain vital factors. Identify these factors and suggest measures for their effective
implementation. (2019) 10
• E-governance is not only about utilization of the power of new technology, but also much about critical
importance of the ‘use value’ of information. Explain. (2018) 10
• Electronic cash transfer system for the welfare schemes is an ambitious project to minimize corruption,
eliminate wastage and facilitate reforms. Comment. (2013) 10
Citizens charters, Transparency & accountability & institutional & other measures
• “Recent amendments to the Right to information Act will have profound impact on the autonomy and
independence of the Information Commission”. Discuss (2020) 10
• The Citizen’s Charter is an ideal instrument of organizational transparency and accountability, but it has its
own limitations. Identify the limitations and suggest measures for greater effectiveness of the Citizens’
Charter. (2018) 15
• Discuss the role of Public Accounts Committee in establishing accountability of the government to the
people. (2017) 10
• In the light of Satyam Scandal (2009), discuss the changes brought in corporate governance to ensure
transparency, accountability. (2015) 12.5

• “If amendment bill to the Whistleblowers Protection Act, 2011 tabled in the Parliament is passed, there may
be no one left to protect.” Critically evaluate. (2015) 12.5
• Though Citizens’ charters have been formulated by many public service delivery organizations, there is no
corresponding improvement in the level of citizens’ satisfaction and quality of services being provided.
Analyse. (2013) 10
Role of civil services in a democracy
• “Institutional quality is crucial driver of economic performance”. In this context suggest reforms in Civil
Services for strengthening democracy. (2020) 10
• Initially Civil Services in India were designed to achieve the goals of neutrality and effectiveness, which
seems to be lacking in the present context. Do you agree with the view that drastic reforms are requiredin
Civil Services. Comment. (2017) 15
• In the integrity index of Transparency International, India stands very low. Discuss briefly the legal, political,
social and cultural factors that have caused the decline of public morality in India. (2016) 12.5
• “Traditional bureaucratic structure and culture have hampered the process of socio-economic
development in India.” Comment. (2016) 12.5
• Has the Cadre based Civil Services Organization been the cause of slow change in India? Critically examine.
(2014) 12.5
• ‘A national Lokpal, however strong it may be, cannot resolve the problems of immorality in public affairs.’
Discuss. (2013) 10
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11. APPENDIX

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POLITY AND GOVERNANCE

5.2.3. Lowering Minimum Age to Contest Polls 55

MAINS 365 – POLITY AND GOVERNANCE

Copyright © by Vision IAS

1. INDIAN CONSTITUTION, PROVISIONS AND BASIC

MAINS 365 – POLITY AND GOVERNANCE

1.1.1. ECONOMICALLY WEAKER SECTIONS (EWS)

• Detailed Data and Guidelines: For effecting identification of target groups

1.2. CITIZENSHIP AT A GLANCE

MAINS 365 – POLITY AND GOVERNANCE

1.2.1. CITIZENSHIP (AMENDMENT) RULES, 2024

Key highlights of Citizenship (Amendment) Rules, 2024

made Committee as notified by Central Government.

1.3. HATE SPEECH

MAINS 365 – POLITY AND GOVERNANCE

Global Measure against Hate Speech

a roadmap for supporting and complementing States' efforts.

1.4. ABROGATION OF ARTICLE 370

MAINS 365 – POLITY AND GOVERNANCE

1.5. ARTICLE 142

1.6. UNIFORM CIVIL CODE (UCC)

o Indian Succession Act 1925 applies to Christians, Parsis, and Jews.

MAINS 365 – POLITY AND GOVERNANCE

1.7. LADAKH DEMANDS SIXTH SCHEDULE

Benefits Ladakh will get if included in Sixth Schedule

1.8. NINTH SCHEDULE

MAINS 365 – POLITY AND GOVERNANCE

About Delimitation Commission

o State Election Commissioner of concerned state.

2. ISSUES AND CHALLENGES PERTAINING TO THE

MAINS 365 – POLITY AND GOVERNANCE

2.1.1. COOPERATIVE FEDERALISM

Steps taken to foster Cooperative federalism in India

2.1.2. FISCAL FEDERALISM

MAINS 365 – POLITY AND GOVERNANCE

Issues between Centre-State Financial Relations

2.1.3. SPECIAL CATEGORY STATUS (SCS)

Benefits associated with Special Category Status

MAINS 365 – POLITY AND GOVERNANCE

2.2. S.R. BOMMAI JUDGEMENT (1994)

Consequences • Council of Ministers and Legislative Assembly should stand restored.

2.3. INTER-STATE WATER DISPUTE AT A GLANCE

MAINS 365 – POLITY AND GOVERNANCE

2.4. ROLE OF GOVERNOR

Way Forward - Recommendations of different commissions

2.5. GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI

MAINS 365 – POLITY AND GOVERNANCE

Challenges in Governance of Delhi

under Delhi state.

2.6. ONE NATION ONE LANGUAGE

MAINS 365 – POLITY AND GOVERNANCE

3. PARLIAMENT AND STATE LEGISLATURES:

Need for reform in Parliamentary Privileges

MAINS 365 – POLITY AND GOVERNANCE

3.1.1 EXPULSION OF LAWMAKERS

Disqualification of Members of Either House of Parliament

Comparison of Indian and US forms of expulsion

Ethics Involvement of ethics committee is Recommendation from ethics committee is