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Prelims

Recap365

Polity
(Jan 2023 - Jan 2024)

Unacademy IAS Centres

Karol Bagh Mukherjee Nagar Prayagraj

3-B, 3rd Floor, Pusa Road, Karol Bagh, New Delhi


CONTENTS
THEME 1: CONSTITUTIONAL ISSUES�����������������������������������������������������������������������������������������������5
Free Speech of Ministers����������������������������������������������������������������������������������������������� 5
Uniform Civil Code��������������������������������������������������������������������������������������������������������� 5
Right to Silence�������������������������������������������������������������������������������������������������������������� 6
Disqualification of Lawmakers��������������������������������������������������������������������������������������� 6

THEME 2: LEGISLATURE��������������������������������������������������������������������������������������������������������������������7
National Capital Territory of Delhi (Amendment) Act, 2023 ����������������������������������������� 7
Model Prisons Act 2023������������������������������������������������������������������������������������������������� 8
Whip������������������������������������������������������������������������������������������������������������������������������� 8
Law on Sedition������������������������������������������������������������������������������������������������������������� 9
Parliamentary Privileges������������������������������������������������������������������������������������������������ 9
Digital Personal Data Protection Act 2023������������������������������������������������������������������ 10
New Parliament Building��������������������������������������������������������������������������������������������� 10
Criminal Justice System Reforms�������������������������������������������������������������������������������� 11
Bharatiya Sakshya Act 2023���������������������������������������������������������������������������������������� 13
No-confidence Motion������������������������������������������������������������������������������������������������� 13
Registration of Birth and Death (Amendment) Act, 2023�������������������������������������������� 14
Nari Shakti Vandan [Constitution (106th Amend-ment)] Act, 2023 (Women
reservation Bill)������������������������������������������������������������������������������������������������������������ 14
Criminalization of Politics��������������������������������������������������������������������������������������������� 15
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006������������������������������������������������������������������������������������������ 15
Telecommunications Act 2023������������������������������������������������������������������������������������ 16
Expulsion of Lawmakers���������������������������������������������������������������������������������������������� 17
Post Office Act, 2023��������������������������������������������������������������������������������������������������� 17

THEME 3: EXECUTIVE���������������������������������������������������������������������������������������������������������������������� 18
Role of Governor���������������������������������������������������������������������������������������������������������� 18
Impeachment in US and India������������������������������������������������������������������������������������� 19

THEME 4: JUDICIARY���������������������������������������������������������������������������������������������������������������������� 20
Appointment of Judges to the Supreme Court ����������������������������������������������������������� 20
District Judiciary���������������������������������������������������������������������������������������������������������� 21
Electronic Supreme Court Reports (e-SCR) Project���������������������������������������������������� 21
Fast Track Special Courts (FTSCs) Scheme��������������������������������������������������������������� 22

THEME 5: ELECTIONS���������������������������������������������������������������������������������������������������������������������� 22
ECI Decides on Party Name and Symbol�������������������������������������������������������������������� 22
Electoral Funding���������������������������������������������������������������������������������������������������������23
National Party Status ��������������������������������������������������������������������������������������������������23
Common Electoral Rolls����������������������������������������������������������������������������������������������24

THEME 6: FEDERALISM������������������������������������������������������������������������������������������������������������������24
Cooperative Federalism����������������������������������������������������������������������������������������������24
Inter-State Water Dispute��������������������������������������������������������������������������������������������25

THEME 7: LOCAL GOVERNMENT���������������������������������������������������������������������������������������������������26


Democratic Decentralisation in India��������������������������������������������������������������������������26
Capacity Building of Urban Local Bodies (ULBs)�������������������������������������������������������26
Panchayat Development Index (PDI)��������������������������������������������������������������������������27

THEME 8: BODIES����������������������������������������������������������������������������������������������������������������������������27
Controller and Auditor General (CAG)������������������������������������������������������������������������27
GST Appellate Tribunal (GSTAT)���������������������������������������������������������������������������������28
Office of Lokpal and Lokayukta�����������������������������������������������������������������������������������28
Bar Council of India�����������������������������������������������������������������������������������������������������29
Central Administrative Tribunal ����������������������������������������������������������������������������������29
APPOINTMENT OF DGP ��������������������������������������������������������������������������������������������29
Advertising Standards Council of India�����������������������������������������������������������������������30
Directorate of Enforcement������������������������������������������������������������������������������������������30
GENERAL CONSENT TO CBI ������������������������������������������������������������������������������������31
CEC and Other EC (Appointment, Conditions of Service and Term of Office) Act,
2023�����������������������������������������������������������������������������������������������������������������������������31
Secretariat of the Parliament���������������������������������������������������������������������������������������31
Lokayukta��������������������������������������������������������������������������������������������������������������������32

THEME 9: MISCELLANEOUS�����������������������������������������������������������������������������������������������������������32
Aspirational Blocks Programme (ABP)������������������������������������������������������������������������32
Rule of Law Index��������������������������������������������������������������������������������������������������������32
Regulation of Online Gaming �������������������������������������������������������������������������������������33
India Justice Report�����������������������������������������������������������������������������������������������������33
World Press Freedom Index 2023�������������������������������������������������������������������������������33
Justice Clocks�������������������������������������������������������������������������������������������������������������34
Nyaya Vikas Portal:������������������������������������������������������������������������������������������������������34
Multi-State Co-operative Societies (Amendment) Bill, 2023����������������������������������������34
Dark Patterns���������������������������������������������������������������������������������������������������������������34
Personality Rights��������������������������������������������������������������������������������������������������������35
108 Migrants from Pakistan Awarded Citizenship in Gujarat��������������������������������������35
5

Consumer Protection in India�����������������������������������������������������������������������������������������36


Sarna Code���������������������������������������������������������������������������������������������������������������������36
Special Category Status (SCS)���������������������������������������������������������������������������������������36
Enabling Communications on Real-time Environment (ENCORE)���������������������������������37
Crime in India 2022 Report���������������������������������������������������������������������������������������������37

THEME 10: GOVERNANCE����������������������������������������������������������������������������������������������������������������� 38


Charge Sheets����������������������������������������������������������������������������������������������������������������38
Internet Shutdowns:��������������������������������������������������������������������������������������������������������38
E-Governed state������������������������������������������������������������������������������������������������������������38
Centre claims Aadhaar as the most trusted digital ID in the world��������������������������������38
Right To Information (RTI)�����������������������������������������������������������������������������������������������38
AAINA Dashboard for Cities�������������������������������������������������������������������������������������������39
NCC��������������������������������������������������������������������������������������������������������������������������������39
Grievance Redressal Assessment & Index (GRAI) �������������������������������������������������������39
OTT Regulation in India��������������������������������������������������������������������������������������������������40
7
with states, public etiquette, morality, contempt
THEME 1: CONSTITUTIONAL ISSUES of court, defamation, etc.
Free Speech of Ministers • The restriction on the freedom of speech and
expression of any citizen may be imposed as
Why in news? much by an action of the State as by its inaction.
Recently, SC held that Right of free speech and • If the State fails to guarantee the freedom of
expression, guaranteed under Article 19 (1) (a) rights and expression to all its citizens, it is
can’t be curbed on additional grounds other than constituted as a violation of Article 19(1)(a) of
those already laid down in Article 19 (2). the Indian Constitution.

Uniform Civil Code


More about the news
• A statement made by a minister, even in official Why in news?
capacity, cannot be attributed vicariously to the In recent developments, the 22nd Law Commission
government by invoking principle of collective of India (LCI) has initiated a process to gather
responsibility. recommendations from diverse stakeholders
• Under Article 75 (3) and 164 (2), the Council concerning the Uniform Civil Code (UCC).
of Ministers (CoM) is collectively responsible
to the House of People and the Legislative Definition of UCC:
Assembly of the State respectively. UCC is a single legal framework applicable
o SC stated that collective responsibility nationwide, encompassing all religious
flows from CoM to individual ministers, communities’ personal affairs such as marriage,
not on reverse, namely, from individual divorce, inheritance, adoption, and succession.
Ministers to CoM.
o A fundamental right under Article 19, 21 More About Uniform Civil Code:
can be enforced even against persons • Article 44 within the Directive Principles of State
other than state or its instrumentalities. Policy defines that the state shall implement a
o A mere statement made by a minister, Uniform Civil Code for all the citizens throughout
inconsistent with rights of a citizen, may not the territory of India.
become actionable as constitutional tort. • It calls for enacting one law for India, which will
• But if it leads to an act of omission or be applicable to all religious communities.
commission by a public official then it is a • Presently, various laws regulate matters such
constitutional tort. as marriage, divorce, inheritance, and adoption
o A ‘constitutional tort’ is a violation of for followers of different religions and a UCC
one’s constitutional rights, particularly is planned to get away with these inconsistent
fundamental rights, by an agent of the personal laws.
government, acting in his/her official o These laws include the Hindu Marriage Act,
capacity. A court of law can award monetary Hindu Succession Act, Indian Christian
compensation to the victim in such a case. Marriages Act, Indian Divorce Act, and Parsi
Marriage and Divorce Act.
About Freedom of speech and expression • It will ease the laws around marriages,
The salient features of the right to freedom of inheritance, succession, and adoptions making
speech and expression are as follows: them equal for all.
• The uniform civil law will then be applicable to
• The right is solely for Indian citizens and not for all citizens irrespective of their faith.
any foreign nationals. • The Constitution’s framers prefer the terminology
• The freedom of speech in Article 19(1) (a) “uniform” in Article 44 and not “common”,
also includes the right to express views and because “common” means “one and the same
opinions at any point through any medium, in all circumstances”, while “uniform” means
e.g., by saying or narrating, writing, etc. “the same in similar conditions”.
• This right is not absolute and allows the
government to frame laws to impose Genesis of the Uniform Civil Code:
reasonable restrictions in the interest of the • The genesis of the UCC dates back to colonial
integrity of India, security, friendly relations India when the British government submitted
8
its report in 1835 stressing the requirement for • It contains provisions related to No ex-post-facto
uniformity in the codification of Indian law. law, No double jeopardy, No self-incrimination.
• An increase in legislation dealing with personal • No self-incrimination (Article 20(3)): No person
issues in the fag end of British rule forced the accused of any offence shall be compelled to
government to constitute the B N Rau Committee be a witness against himself. The protection
in 1941 to codify Hindu law. against self-incrimination extends to both oral
o The mandate of the Hindu Law Committee evidence and documentary evidence.
was to examine the question of the necessity
Exceptions
of common Hindu laws.
• The committee, keeping in mind scriptures, • compulsory production of material objects,
recommended a codified Hindu law, which • compulsory exhibition of the body.
• compulsion to give thumb impression, specimen
would grant equal rights to women.
signature, blood specimens, and
• The 1937 Act was examined and the committee
• Extends only to criminal proceedings and not to
suggested a civil code of marriage and
civil proceedings.
succession for Hindus.
• Unique Case of Goa: Goa stands as the sole Disqualification of Lawmakers
jurisdiction within India where a semblance of
a common civil code is presently operational, Why in news?
primarily through the adoption of the Portuguese The Karnataka High Court recently nullified the
Civil Code of 1867. It is not under Article 44 of election of a Lok Sabha member from the Hassan
the constitution. constituency.
• Uttarakhand Case: Recently, the State Assembly
Basis of Disqualification:
of Uttarakhand passed an act implementing the
UCC in the state. • The court’s decision stemmed from the
individual’s involvement in corrupt practices,
Right to Silence such as inaccurate property value disclosures
and tax evasion.
Why in news? • This disqualification is authorized by the
Recently, the Supreme Court affirmed that all Representation of the People Act (RPA), 1951,
individuals accused of a crime possess the right to which empowers the High Court to annul
remain silent, and investigators are prohibited from elections under specific circumstances.
coercing them to speak or confess guilt. • Upon declaration of the election as void, the
member in question must vacate their office.
More about the Right to Silence
• Any aggrieved party retains the right to appeal
• The right to silence is rooted in Article 20(3), the High Court’s decision to the Supreme Court.
which stipulates that no individual can be
Prescribed Scenarios for Disqualification
compelled to testify against themselves.
• This safeguard is applicable exclusively within • Representation of the People Act (RPA), 1951:
the realm of criminal proceedings. o According to Section 8(4), a legislator faces
• However, this entitlement does not extend to disqualification for the duration of their
imprisonment, plus an additional six years
individuals undergoing interrogation under the
if convicted and sentenced to two or more
Customs Act, 1962, or the Foreign Exchange
years of imprisonment.
Management Act, 1999, as they are not
• Tenth Schedule of the Constitution:
designated as “accused of an offense” and are
o This provision outlines grounds for
therefore not entitled to legal representation.
disqualification due to defection. Under the
Anti-defection law, the following make for
About Article 20
grounds for disqualification of MLAs and
Article 20 grants protection against arbitrary and MPs:
excessive punishment to an accused person, be it • If any elected member voluntarily gives up the
citizen or foreigner or legal person like a company membership of the party.
or a corporation. It contains three provisions in that • If the elected legislator abstains or votes in the
direction: House contrary to the party’s stand.
9
• If any nominated legislator joins another political Background:
party after finishing six months. • Article 239 AA was incorporated into the
• If any legislator who gets independently elected Constitution via the 69th Constitutional
joins any party. Amendment Act, 1991, following the
• Articles 102(1) and 191(1) of the Constitution: recommendations of the S Balakrishnan
o These articles specify disqualification criteria Committee in 1987, granting special status to
for Members of Parliament and Members of
Delhi.
Legislative Assemblies respectively.
• This article bestows the National Capital Territory
o Grounds for disqualification encompass
(NCT) of Delhi with an Administrator and a
holding an office of profit, unsoundness of
Legislative Assembly, granting the assembly
mind, insolvency, or lack of valid citizenship.
the authority to enact laws pertaining to matters
About Representation of the People Act 1951 within the State List or Concurrent List, subject
• This Act makes it imperative that specific to certain exceptions like Police, Public Order,
guidelines be adhered to to ensure that elections and Land.
in India are carried out fairly.
Key Features of the Bill:
• In addition, it covers electoral fraud and other
unlawful behaviours linked to elections. National Capital Civil Services Authority (NCCSA):
• The Act contains provisions for arbitration of • Establishes the NCCSA to make
disputes in areas connected to elections, and recommendations to the LG regarding certain
such conditions are included in the Act. service-related matters.
• In addition, it details the qualifications necessary • Matters include transfers, postings, vigilance,
for Parliament and the legislative assembly disciplinary proceedings, and prosecution
members and the factors that constitute sanctions of certain administrative services.
ineligibility. • Comprises the Chief Minister of Delhi as
The Representation of the People Act of 1966 was Chairperson, Principal Home Secretary of the
updated to include amendments. Delhi government as Member Secretary, and
• Election tribunals have been eliminated due to Chief Secretary of the Delhi government as
this law and no more extended function. At this member.
time, the authority to hear election petitions has • Appointments of Principal Home Secretary
been delegated to the High Courts. and Chief Secretary are made by the central
• On the other hand, issues concerning India’s government.
presidential and vice-presidential elections are
Powers of the LG:
handled directly by the country’s highest court,
the Supreme Court of India. • Expands the discretionary powers of the LG,
• The Representation of the People Act of 1988 allowing him to act solely at his discretion on
introduced several amendments. certain matters.
• This amendment made it possible to postpone or • Empowers the LG to approve or return
even cancel elections in response to concerns recommendations of the NCCSA for
over the integrity of voting machines and polling reconsideration.
places (EVMs). • In case of disagreement between the LG and
the Authority, the LG’s decision will be final.
THEME 2: LEGISLATURE Disposal of Matters by Ministers:
National Capital Territory of Delhi • Ministers of the Delhi government may issue
(Amendment) Act, 2023 standing orders for addressing matters brought
to their attention, subject to consultation with the
Why in the news? concerned Department Secretary.
The Government of National Capital Territory of • Certain matters must be submitted to the LG,
Delhi (Amendment) Bill, 2023 has been successfully through the Chief Minister and Chief Secretary,
passed by both houses of Parliament. for opinion before issuing any order.
10
Duties of Secretaries: Integration of Previous Legislation:
• Department Secretaries must bring specific • The Model Act consolidates provisions from the
matters to the notice of the LG, Chief Minister, Prisons Act, 1894, the Prisoners Act, 1900, and
and Chief Secretary, especially those that may the Transfer of Prisoners Act, 1950, streamlining
lead to controversies with the central or state the legal framework for prison administration.
governments, or the courts.
Prison Reforms Initiatives:
Model Prisons Act 2023
• Model Prison Manual 2016: Introduced to
Why in news? standardize prison regulations, it has been
The Ministry of Home Affairs (MHA) has prepared adopted by only 11 states and Union territories.
the ‘Model Prisons Act 2023’ that will replace the • Open Prisons: States like Rajasthan have
Prisons Act of 1894. implemented the open prison model, which
promotes a more reformative approach to
Background: incarceration, leading to positive transformations
• The Prisons Act of 1894 was the primary in inmates’ lives while reducing operational
legislation governing prisons in India, costs.
originating from the recommendations of the Whip
Prison Discipline Committee in 1836.
• Recognizing the need for reform, the Ministry of Why in news?
Home Affairs (MHA) commissioned the Bureau
The Constitution Bench in Shiv Sena case ruled that
of Police Research and Development (BPR&D)
power to appoint a whip and a leader rest with the
to draft a new law, resulting in the Model Prisons
“political party” and not the “legislature party,” as
Act 2023.
stated in the Tenth Schedule of the Constitution.
Key Proposals of the Model Prisons Act 2023:
Key Observations by the Supreme Court:
Encouraging Good Conduct:
Appointment of Whip:
• Provisions for parole, furlough, and remission to
incentivize good behavior among prisoners. • The Speaker must recognize the whip and the
• Parole allows conditional release with the leader authorized by the political party after
suspension of the sentence, while furlough conducting an inquiry based on the party’s
provides relief for long-term imprisonment. constitution.
• Allowing legislative members to act
Reformation and Rehabilitation: independently from the party contradicts the
• Focus on attitudinal change towards prisoners. constitutional governance system.
• Implementation of vocational training and
skill development programs to facilitate their Disqualification Decision by Speaker:
reintegration into society upon release. • Disqualification of legislators should be decided
according to established legal procedures, and
Enhanced Safety and Security: the Speaker is the appropriate authority under
• Provision for separate accommodation for the Tenth Schedule of the Constitution.
women and transgender inmates to ensure their • The Speaker should resolve pending
safety. disqualification petitions in a reasonable
• Utilization of technology for efficient prison timeframe, and legislators have the right to
administration and establishment of high- participate in House proceedings regardless of
security jails. pending disqualification petitions.

Other Measures: Floor Test:


• Introduction of open and semi-open jails to • The Governor should conduct a floor test only
promote humane confinement. upon obtaining objective evidence indicating
• Facilitation of prisoners’ video conferencing that the incumbent government has lost the
with courts for legal proceedings. confidence of the House.
11
Whip System in India: • S.G. Vombatkere v. Union of India (2023):
• A whip may denote a written order to party
o The Supreme Court directed all governments
members in the House to adhere to a specific
to suspend trials and proceedings related
direction or the designated official authorized to
to sedition charges under Section 124A,
issue such orders.
stating that the law’s strict provisions are out
• All political parties can issue whips to their
of sync with the current social context.
members, typically appointing a senior member
known as the chief whip to issue them. Additional • Law Commission Reports on Sedition:
whips assist the chief whip in carrying out their
duties. o 1968 Report: The Law Commission rejected
the idea of repealing Section 124A but
Law on Sedition suggested narrowing its scope and reducing
the maximum punishment to seven years of
Why in news?
imprisonment.
Recently, 22nd Law commission in its 279th Report
o 1971 Committee Report: It proposed
on “Usage of the Law of Sedition” recommended
expanding the law’s ambit to cover criticism
the retention of law on sedition.
against constitutional institutions beyond the
Definition of Sedition government.
o 2018 Consultation Paper: The Law
• Sedition, as defined under Section 124A of the
Commission recommended reconsidering
Indian Penal Code (IPC), has been a contentious
issue in India’s legal landscape. Over the years, or repealing Section 124A, suggesting its
the judiciary has interpreted this law, balancing application only for acts aimed at disrupting
freedom of expression and the state’s security public order or overthrowing the government
concerns. through violent and unlawful means.
• Additionally, various commissions have Parliamentary Privileges
scrutinized the necessity and scope of Section
124A, recommending reforms to align it with Why in news?
modern democratic principles.
Recently parts of the leader of the opposition speech
Evolution of Judicial Interpretation: on the motion of thanks on the President’s Address
were expunged. Some experts point out that this
• Romesh Thapar v. State of Madras (1950):
is against the Parliamentary Privileges of the MP
o The Supreme Court emphasized that criticism enjoyed under Article 105 of the Constitution.
of the government, unless it undermines
state security, should not warrant restrictions About Parliamentary Privileges
on freedom of expression and the press. Parliamentary privileges refer to the entitlements
• Kedar Nath Singh v. State of Bihar (1962): and protections granted to Members of Parliament
(MPs) in India, allowing them to fulfill their
o While upholding the validity of Section 124A, responsibilities and functions without hindrance or
the Supreme Court clarified that sedition intimidation.
charges apply only to speech inciting
“public disorder,” recognizing the state’s Sources of Privileges
need for protection from forces threatening These privileges are sourced from various
its stability. foundations including
• Vinod Dua v. Union of India (2021):
• the Constitution of India,
o The Supreme Court reiterated citizens’ right • parliamentary customs,
to criticize the government as long as it • legislation enacted by Parliament,
does not incite violence against the state, • rules governing the Lok Sabha and Rajya
emphasizing the importance of dissent in a Sabha, and
democracy. • interpretations by the judiciary.
12
Constitutional Framework collected online or offline and then digitized. It
• Article 105 of the Indian Constitution delineates will also extend to processing outside India if it
the concept of parliamentary privileges. MPs are involves offering goods or services in India.
granted immunity from civil or criminal liability • Personal data may only be processed for lawful
for statements made or actions taken during the purposes with the consent of the individual.
discharge of their duties. Certain legitimate uses, such as voluntary data
• Furthermore, Articles 105 and 122 of the sharing by the individual or processing by
Constitution delineate the privileges of the State for permits, licenses, benefits, and
Parliament, while Articles 194 and 212 pertain services, may not require consent.
to the privileges of state governments. • Data fiduciaries are mandated to ensure data
accuracy, security, and deletion once its
Individual Privileges Collective Privileges purpose is fulfilled.
• Members cannot • Right to publish its • Individuals are granted rights including access
be arrested during reports, debates, to information, correction and erasure requests,
the session of and proceedings. and grievance redressal mechanisms.
Parliament 40 • Right to exclude • The central government reserves the authority
days before the strangers from its to exempt government agencies from specific
beginning and 40 proceedings provisions of the Bill in the interest of grounds
days after the end • Right to make rules such as state security, public order, and offense
of a session. to regulate its own prevention.
• Members have procedure • A Data Protection Board of India will be
freedom of speech • Right to punish established by the central government to
in Parliament, and members as well as adjudicate on non-compliance issues with the
no member is liable outsiders for breach Bill’s provisions.
to any proceedings of its privileges
New Parliament Building
in any court • The courts
• They are exempted prohibited inquiring Why in news?
from jury service into the proceedings
The inauguration of the new Parliament House
when Parliament is of a House.
marks a significant milestone in India’s architectural
in session. • No person can be
and governance landscape.
arrested without the
This monumental project, a key component of the
permission of the
Central Vista development plan, underscores the
presiding officer.
nation’s commitment to modernizing its governance
Digital Personal Data Protection Act 2023 infrastructure.

Why in news?
Recently, the President of India granted assent to
the Digital Personal Data Protection Bill (DPDP),
2023.

Background
• In 2017, the Supreme Court recognized privacy
as a fundamental right in the K.S. Puttaswamy
vs. Union of India case.
• Subsequently, the Justice Srikrishna Committee,
established by the Ministry of Electronics and
Information Technology (MeitY), proposed
the initial draft of the Personal Data Protection
(PDP) Bill in 2018.

Key Points of the Bill About Central Vista Development Project:


• The Bill will govern the processing of digital • The Central Vista development/redevelopment
personal data within India, including data initiative, initiated in 1931, aims to fortify
13
governance infrastructure by creating state-of- South India, particularly during the reign of the
the-art facilities for Parliament and an efficient Chola Empire. Its ceremonial use and symbolism
Central Secretariat. have transcended time, becoming an emblem of
• The recent inauguration of the new Parliament authority and legitimacy.
House represents a pivotal phase in this
ambitious project, reflecting India’s forward- The Legacy of Sengol in the Chola Empire:
looking vision. • Symbol of Authority: Crafted from gold or silver
and adorned with precious stones, the Sengol
Historical Context: sceptre was a symbol of authority carried by
• India’s existing Parliament House, an Chola emperors during ceremonial occasions.
architectural marvel designed by Sir Edwin • Chola Dynasty: The Cholas, renowned for their
Lutyens and Herbert Baker, served as the seat military prowess, maritime trade, and cultural
of the Imperial Legislative Council during the patronage, ruled over significant parts of South
colonial era. India from the 9th to 13th century CE.
• Built over six years from 1921 to 1927, the • Succession Ceremony: The tradition of passing
circular design of the building drew inspiration down the Sengol sceptre from one king to
from the Chausath Yogini temple in Morena, another marked the legitimacy of succession,
Madhya Pradesh. often performed by a high priest or guru.
• Witnessing significant expansions over the • Rajaji’s Proposal: C. Rajagopalachari, or Rajaji,
years, including the addition of two floors in suggested adopting the Chola tradition of
1956, the Parliament House has been witness handing over the Sengol sceptre as a ceremonial
to the evolution of India’s democratic journey gesture for India’s independence.
since the first elected Parliament convened in • Presentation to Nehru: On August 14, 1947, the
April 1952. Sengol sceptre crafted by Vummidi Bangaru
Chetty was presented to Prime Minister
About Symbolism and Features: Nehru by the Thiruvavaduthurai Adheenam,
• The new Parliament House embodies the spirit symbolizing the transfer of power from British to
of “Ek Bharat Shreshtha Bharat,” with thematic Indian hands.
elements representing India’s diverse cultural • Artistic Representation: The sceptre,
heritage: embellished with intricate designs and topped
• The Lok Sabha Hall, inspired by the Peacock, with a hand-carved Nandi symbolizing justice
India’s national bird. (“Nyaya”), encapsulates India’s ethos and
• The Rajya Sabha Hall, themed around the values.
Lotus, the national flower.
Criminal Justice System Reforms
• Symbolic inclusion of the Sengol (sceptre),
denoting the transfer of power, alongside the Why in news?
Speaker’s chair.
The President of India has given assent to three
• Installation of the iconic Ashoka Pillar on the
significant bills aimed at reforming the country’s
building’s roof, signifying unity and strength.
criminal justice system.
• Utilization of hand-woven carpets from Bhadohi,
reflecting the rich craftsmanship of Uttar
A. Bhartiya Nyaya Sanhita 2023
Pradesh.
• Incorporation of materials from various regions, About
such as wood from Nagpur, marble from Gujarat, • The Bharatiya Nyaya Sanhita is the criminal
and stone work from Rajasthan, showcasing code of India. When it enters force (1st July,
India’s diverse heritage. 2024), it will replace the Indian Penal Code (IPC),
• Dedication of six gates representing water, which was enacted in 1860.
land, and sky, honoring India’s harmonious • The BNS covers all aspects of criminal law,
coexistence with nature. including offences, punishments, defences,
and procedures.
About Sengol
The Sengol, originating from the Tamil word Key Amendments in the BNS
“Semmai,” meaning “Righteousness,” is a sceptre • Offences against the body: The Indian Penal
which holds profound historical significance in Code (IPC) already criminalizes acts such
14
as murder, abetment of suicide, assault, and objective of repealing the existing Criminal
causing grievous hurt, which the BNS upholds. Code of Procedure, 1973 (CrPC).
It introduces new offences like organized • It contains 533 sections, with 9 new additions
crime, terrorism, and group-induced murder or and has modified 160 sections and repealed 9
grievous hurt on specific grounds. sections.
• Sexual offences against women: Retaining • While preserving numerous essential aspects of
existing IPC provisions on rape, voyeurism, the CrPC, the legislation also introduces several
stalking, and insulting the modesty of a woman, new provisions aimed at improving the efficiency
the BNS raises the age threshold for classifying of investigation and trial, and expediting the
gangrape victims as adults from 16 to 18 delivery of justice.
years. It also criminalizes sexual intercourse
with a woman through deceitful means or false About CrPC
promises. The Criminal Procedure Code (CrPC) governs the
• Sedition: The BNS eliminates the offence of procedural aspects of criminal justice in India. The
sedition and instead penalizes actions such Act encompasses several significant features:
as inciting secession, armed rebellion, or
subversive activities, encouraging separatist • Separation of Offences: Categorization into
sentiments, or jeopardizing India’s sovereignty, cognizable and non-cognizable offences.
unity, and integrity. These actions could involve Cognizable offences permit police arrest and
verbal exchanges, electronic communication, investigation without a warrant, while non-
or financial transactions. cognizable offences necessitate a warrant or a
• Terrorism: Terrorism under the BNS is defined complaint by the victim or a third party.
as acts intending to threaten national unity, • Nature of Offences: Encompasses a spectrum
integrity, and security, intimidate the public, of criminal offences, distinguishing between
or disturb public order. Penalties for terrorism bailable and non-bailable offences, granting the
include death or life imprisonment and fines, accused the right to bail from police custody for
with variations based on the consequences of specified offences.
the act.
Proposed Changes by BNSS
• Organised crime: This category encompasses
offenses like kidnapping, extortion, contract Retaining most CrPC provisions, the BNSS proposes
killing, land grabbing, financial frauds, and several key amendments:
cybercrimes perpetrated by criminal syndicates. • Detention of Undertrials: Modifies the provision
Attempting or committing organized crime regarding release on personal bond for
carries severe penalties, including death or life undertrials. Exceptions now include offences
imprisonment and hefty fines. punishable by life imprisonment or against
• Mob lynching: The BNS introduces the offense individuals facing proceedings in multiple
of murder or grievous hurt inflicted by five or offences.
more individuals on specified grounds such as • Medical Examination: Expands the authority
race, caste, sex, language, or personal beliefs. to request medical examinations to all police
Punishments range from a minimum of seven officers, not limited to a sub-inspector level
years imprisonment to life imprisonment or the officer.
death penalty. • Forensic Investigation: Mandates forensic
• Supreme Court rulings: The BNS aligns with investigation for offences carrying a minimum
certain Supreme Court decisions, including sentence of seven years, facilitating evidence
omitting adultery as an offence and incorporating collection at crime scenes, even utilizing
life imprisonment alongside the death penalty facilities from other states if necessary.
for murder or attempted murder committed by • Signatures and Finger Impressions: Empowers
a life convict. magistrates to order specimen signatures,
handwriting, finger impressions, and voice
B. Bharatiya Nagarik Suraksha Sanhita 2023
samples from individuals, even those not
About arrested.
• The Bharatiya Nagarik Suraksha Sanhita • Timelines for Procedures: Introduces timelines
(BNSSB),2023 was introduced with the primary for various legal procedures, such as requiring
15
rape victim examination reports within seven • Secondary Evidence: Secondary evidence now
days and framing charges by a sessions court encompasses oral and written admissions, and
within 60 days. testimony from individuals skilled in document
• Hierarchy of Courts: Retains the hierarchy examination, particularly when the genuineness
of courts outlined in the CrPC but eliminates of the document is in question.
the provision allowing state governments to • Joint Trials: The BSB clarifies provisions
designate metropolitan areas with Metropolitan regarding joint trials, stating that trials involving
Magistrates. multiple accused, especially in cases of
absconding or failure to respond to arrest
Bharatiya Sakshya Act 2023 warrants, will be considered joint trials.
About No-confidence Motion
• The Bharatiya Sakshya Act, 2023 (BSB)
replaces the Indian Evidence Act, 1872 (IEA). Why in news?
It retains most provisions of the IEA including The Union Government had to face a no-confidence
those on confessions, relevancy of facts, and motion in the Monsoon session of the parliament in
burden of proof. 2023.
• The Bharatiya Sakshya Bill, 2023 (BSB) largely
maintains the provisions of the Indian Evidence
Act (IEA), encompassing various aspects of
admissible evidence and procedural guidelines.

Retained Provisions
• Admissible Evidence: Parties in a legal
proceeding can present only admissible
evidence, classified as “facts in issue” or
“relevant facts.” “Facts in issue” determine the
existence, nature, or extent of rights or liabilities,
while “relevant facts” pertain to the case. The
IEA recognizes documentary and oral evidence.
• Proven Facts: A fact is considered proven if the
court believes its existence to be likely based About No-confidence motion
on presented evidence.
Procedure Overview
• Police Confessions: Confessions made to police
officers are inadmissible unless recorded • The process for initiating a no-confidence
by a Magistrate. Information obtained from motion is delineated in Rule 198 of the Rules of
a confession may be admitted if it distinctly Procedure and Conduct of Lok Sabha.
relates to the discovered fact. • Submission of Notice: A member must submit a
written notice of the motion before 10 AM, which
Proposed Changes will then be read aloud by the Speaker of the
• Documentary Evidence: The BSB expands the House.
definition of documents to include electronic • Minimum Support Requirement: The motion
records and categorizes evidence as primary must garner support from a minimum of 50
(original documents) or secondary (oral members to be accepted by the Speaker.
accounts and copies). • Discussion Date Announcement: Upon
• Oral Evidence: While the IEA defines oral acceptance, the Speaker announces the date
evidence as statements made before courts, for the discussion of the motion, which must
the BSB permits electronic testimony, enabling occur within 10 days of its acceptance. Failure
witnesses, accused persons, and victims to to schedule within this timeframe results in the
testify remotely. motion’s failure, with notification to the proposing
• Admissibility of Electronic Records: Electronic member.
or digital records, including those stored on • Resignation Requirement: If the government
devices like smartphones and laptops, are fails to demonstrate its majority during the
given the same legal weight as paper records. discussion, it must resign from power.
16
Key facts about No-Confidence Motion appeal to the District Registrar or Chief Registrar
• Opposition parties utilize no-confidence motions within 30 days of any action or order issued by
to pressure the government into debating the Registrar or District Registrar, respectively.
crucial national issues, fostering unity among
Nari Shakti Vandan [Constitution (106th Amend-
diverse political factions.
ment)] Act, 2023 (Women reservation Bill)
• The first-ever no-confidence motion in August
1963 targeted Prime Minister Jawaharlal Nehru’s Why in news?
government, initiated by Acharya JB Kripalani. It
Parliament recently passed the Constitution (106th
garnered only 62 votes in favor, with 347 votes
Amendment) Act, 2023, introducing provisions for
against it.
one-third reservation for women in the Lok Sabha,
• Indira Gandhi holds the record for facing the
highest number of no-confidence motions, State Assemblies, and the assembly of the National
totaling 15 instances throughout her tenure. Capital Territory (NCT) of Delhi.

Registration of Birth and Death (Amendment) Provisions of the Act


Act, 2023
Amended Articles:
Why in news? • Article 239AA: Enacts reservation of one-third
The Registration of Birth and Death Act of 1969 seats for women in the Legislative Assembly of
underwent amendments with the recent passage of the National Capital Territory (NCT) of Delhi.
the Registration of Birth and Death (Amendment)
Newly Inserted Articles:
Act, 2023.
• Article 330A: Introduces reservation of one-third
• The registration of births and deaths falls within seats for women in the House of People (Lok
the Concurrent List of legislative powers. Sabha), including within the total seats reserved
• National registration statistics as of 2019 for SCs/STs under Article 330.
indicate a high level of compliance, with birth • Article 332A: Implements reservation of one-third
registration at 93% and death registration at seats for women in the Legislative Assembly of
92%. every State, also within the total reserved seats
for SCs/STs under Article 332.
Key Features of the Act
• Article 334A: Specifies that the provisions of this
• Database Establishment: The Amendment Act Act will take effect post-delimitation following the
mandates the Registrar General of India to first census conducted after its commencement.
maintain a national database of registered births
and deaths. Chief Registrars and Registrars Delimitation
are required to share data with this national
• Delimitation is the act of redrawing boundaries
database, while each state’s Chief Registrar
of Lok Sabha and State Assembly seats under
maintains a parallel state-level database.
Article 82 of the Constitution to represent
• Electronic Certificates: Digital registration and
changes in population. It is conducted
electronic delivery of birth and death certificates
periodically to reflect both increase in population
are introduced.
and changes in its distribution. It is done to
• Aadhaar Integration: Aadhaar numbers of
provide equal representation to equal segments
parents and informants are to be collected
during birth registration. of a population.
• Interconnected Databases: The national • The Article 82 provides for the readjustment
database may be shared with other authorities of the constituencies of Lok Sabha and State
maintaining databases like population registers, Assemblies after every Census.
electoral rolls, and ration cards.
Additional Provisions:
• Utilization of Birth Certificate: Birth registration
information finds application in various domains • Sunset Clause: Reservation for women ceases
such as educational institution admissions, after 15 years, although Parliament can extend
voter list preparation, and government job it by law.
appointments. • Rotation of Seats: Seats reserved for women
• Appeal Mechanism: An appeal process is rotate after each subsequent delimitation as
established, allowing aggrieved individuals to determined by Parliament.
17
• Non-Interference: The Act does not affect Article 102(1): A person shall be disqualified for
existing representation in legislative assemblies being chosen as, and for being, a member of either
and the Lok Sabha until their dissolution. House of Parliament--
• As of now, In Lok Sabha, there are 82 female
• if he holds any office of profit under the
MPs (15.2%), and in Rajya Sabha, there are 31
Government of India or the Government of
female MPs (13%).
any State, other than an office declared by
Criminalization of Politics Parliament by law not to disqualify its holder;
• if he is of unsound mind and stands so declared
Why in news? by a competent court;
A recent report titled ‘Analysis of Sitting MPs from • if he is an undischarged insolvent;
Lok Sabha and Rajya Sabha of India 2023’ was • if he is not a citizen of India, or has voluntarily
released by the Association for Democratic Reforms acquired the citizenship of a foreign State, or
(ADR) and National Election Watch, shedding light is under any acknowledgement of allegiance or
on the issue of criminalization in Indian politics. adherence to a foreign State;
• if he is so disqualified by or under any law made
Preliminary Facts by Parliament (ADL and RPA, 1951).
• Explanation: For the purposes of this clause a
• Legislative Measures: Section 8(3) of the
person shall not be deemed to hold an office
Representation of People Act, 1951 stipulates
of profit under the Government of India or the
that any lawmaker sentenced to at least two
Government of any State by reason only that
years in jail remains disqualified for six years
he is a Minister either for the Union or for such
upon release. This disqualification is enabled
State.
by Article 102(1) of the Constitution of India for
Parliamentarians and Article 191(1) for state Article 102(2): A person shall be disqualified for
lawmakers. being a member of either House of Parliament if he
is so disqualified under the Tenth Schedule (Anti
Judicial Pronouncements Defection Law).
• Union of India vs. Association for Democratic
Scheduled Tribes and Other Traditional Forest
Reforms (2002): The Supreme Court affirmed
Dwellers (Recognition of Forest Rights) Act, 2006
the fundamental right of electors to know
the antecedents of candidates, citing it as Why is news?
a derivative of the freedom of speech and
It has been reported that the states have rejected
expression.
nearly 40% of the land claims of the tribals under
• People’s Union for Civil Liberties (PUCL) v Union
the Forest Right Act.
of India (2004): The Supreme Court declared
Section 33B of the Representation of Peoples About the Forest Rights Act (FRA), 2006
Act 1951 as unconstitutional and void.
• Previous legislations failed to acknowledge
• Lily Thomas v Union of India (2013): The Supreme the interdependent relationship between
Court ruled Section 8(4) of the Representation Scheduled Tribes (STs) and forests, along with
of People Act (1951) as unconstitutional. This their reliance on forest resources.
section previously allowed convicted MPs, • Section 3(1)(a) of the FRA acknowledges the
MLAs, and MLCs to continue in their posts rights of forest-dwelling tribal communities
pending appeal against their conviction/ (FDSTs) and other traditional forest dwellers
sentence. (OTFDs) to inhabit and cultivate forest land for
• Public Interest Foundation v. Union of India sustenance.
(2018): The Supreme Court directed political
parties to publish the criminal records of their Types of Rights under Section 3 of FRA Act
candidates on their websites, social media • Individual Forest Rights (IFR): Grants individuals
handles, and newspapers. or communities the right to reside in and cultivate
forest land for livelihood purposes.
Article 102 in Constitution of India • Community Forest Rights (CFR): Aims to restore
Article 102 talks about the Disqualifications for customary and traditional forest usage rights
membership from Parliament to forest-dwelling communities. These rights
18
extend to areas within the traditional village Key Provisions
boundaries, regardless of forest ownership or • Authorization for Telecom Activities: The central
classification. government mandates prior authorization
• Community Forest Resource Management for telecommunication services, network
Rights: Allows ownership and access to collect, operations, and possession of radio equipment.
utilize, and dispose of minor forest produce, • Spectrum Assignment: Spectrum allocation
traditionally gathered within or outside village will primarily occur through auction, except for
boundaries. specific purposes like national security, disaster
management, and public broadcasting, where
Implementation and Governance
administrative allocation is permitted. The
• Nodal Agency: The responsibility for government holds the authority to repurpose or
implementing the Act rests with State reassign frequency ranges and allow spectrum
Governments and UT Administrations. sharing, trading, leasing, and surrender.
• Role of Gram Sabha: The Gram Sabha is the main
• Interception and Search Powers: The Bill grants
authority in initiating the process to determine
powers to intercept, monitor, or block messages
individual or community forest rights.
between individuals or groups in the interest
• Cutoff date: Forest rights can also be claimed
of public safety, emergency, or specified
by any member or community who has for at
grounds. Suspension of telecom services and
least three generations (75 years) prior to the
temporary possession of telecom infrastructure
13th day of December, 2005 primarily resided
are allowed under certain circumstances.
in forest land for bona fide livelihood needs.
Authorized officers may conduct searches for
Land Titles and Development Rights unauthorized telecom equipment.
• User Protection: Measures to safeguard
• Land Ownership: The Act recognizes individual,
users include prior consent for receiving
family, or community rights over land, limited to
specified messages, establishment of Do
a maximum of four hectares per claimant.
Not Disturb registers, and a mechanism for
• Legal Status: Land titles granted under the FRA
are legally binding, conferring heritable rights reporting malware. Telecom service providers
(Section 4(4) of FRA), albeit non-transferable or must establish online grievance redressal
alienable. mechanisms.
• Development Rights: The Act permits the • Right of Way: Entities laying telecommunication
diversion of forest land for local development infrastructure can seek right of way over public
initiatives, such as establishing schools, or private property on a non-discriminatory
dispensaries, hospitals, and Anganwadi basis.
centers. • TRAI Appointments: Amendments to the TRAI
Act allow individuals with significant professional
Applicability of FRA experience to serve as Chairperson or members
• FRA extends to National Parks, Wildlife of the Telecom Regulatory Authority of India
Sanctuaries, and Tiger Reserves, ensuring (TRAI).
the protection and recognition of forest rights • Digital Bharat Nidhi: Renaming the Universal
across diverse ecological settings. Service Obligation Fund as Digital Bharat Nidhi,
the Bill expands its scope to include funding for
Telecommunications Act 2023 research and development in telecom.
• Offences and Penalties: Various civil and
Why in news?
criminal offences, such as providing telecom
The Telecommunication Act 2023 received the services without authorization, are punishable
assent of the President in December, 2023. with fines or imprisonment.
• Adjudication Process: The central government
About the Act
appoints adjudicating officers to handle
The Telecommunication Act, 2023 aims to replace
civil offences, with avenues for appeal to
the outdated Indian Telegraph Act, 1885, and the
the Designated Appeals Committee and the
Indian Wireless Telegraphy Act, 1933, to address
Telecom Disputes Settlement and Appellate
contemporary telecom-related concerns.
Tribunal (TDSAT).
19
About Right of Way Committee oversees matters of ethical conduct
• This is a right under which a telecom among parliamentarians.
infrastructure provider will be facilitated the use • The inaugural Ethics Committees were
of public property upon application. established in the Lok Sabha in 2000 and the
• For installing telecom infrastructure on private Rajya Sabha in 1997.
property, Telecom licensees may enter into
agreement with private property owners and Rules in Lok Sabha
they will not require any permission from any • Rule 373 grants the presiding officer the
government authority. authority to instruct an MP to withdraw from the
• In such cases, Telecom licensees shall be day’s proceedings.
required to give only prior intimation along with
• Rule 374 allows the presiding officers to name
structural suitability certificate.
legislators, followed by a motion to suspend the
• These measures are expected to facilitate
MP for the remainder of the session.
rapid expansion and upgradation of telecom
networks and therefore improvement in the
Ways of Disqualification of Members of Parliament
quality of services.
• Constitutional Provisions: Article 102 of the
About Digital Bharat Nidhi Constitution outlines various conditions for
• The Digital Bharat Nidhi (Universal Service disqualification, including holding an office of
Obligation Fund) aims to provide for quality and profit, unsoundness of mind, insolvency, non-
affordable mobile and digital services across the citizenship, or disqualification under any law
rural and remote areas of the country; allowing enacted by Parliament.
non-discriminatory access to mobile and • Criteria under Representation of the People Act,
network services along with equitable access 1951: Disqualification occurs upon conviction
to knowledge and information dissemination, and sentencing to imprisonment for two years
leading to rapid socio-economic development or more, election offenses, corrupt practices,
with improved standard of living. or failure to submit election expense accounts
• The Universal Service Obligation (USO) Fund within the stipulated time.
is headed by the Administrator, USO Fund who • Tenth Schedule: Introduced by the 52nd
is appointed by the Central Government, for
Amendment Act of 1985, it mandates
the administration of the fund. It is an attached
disqualification from Parliament due to defection
office of the Department of Telecommunications
as per its provisions.
(DoT), Ministry of Communications.
Expulsion of Lawmakers Post Office Act, 2023

Why in news? Why in news?


The Lok Sabha in India recently expelled one of its Recently, the President of India gave assent to the
members over allegations of accepting gifts and Post Office Bill, 2023 to replace the colonial-era
illegal gratification. Indian Post Office Act, 1898.

Expulsion of MP in Lok Sabha Key Highlights of the Post Office Act, 2023
• A dedicated ethics committee was formed by Director General of Postal Services:
the Lok Sabha to investigate accusations of
• The recently passed Act grants the Director
corruption and breaches of privilege/contempt
General of Postal Services the authority to make
of the house.
• Based on the findings of the Ethics Committee, regulations pertaining to activities essential for
which deemed the member guilty of “unethical offering various additional services as may be
conduct” and contempt of the House, the Lok prescribed by the central government, as well
Sabha endorsed her expulsion as a Member of as for fixing charges for these services.
Parliament. • This is significant because it eliminates
the need for parliamentary approval while
Ethics Committee of Lok Sabha revising the set charges for any services
• Comprising 15 Members appointed by the provided by post offices, including traditional
Speaker for a one-year term, the Ethics mail services.
20
Interception of Shipments: • However, courier services have been bypassing
• The Act professes that the Central Government, the Act of 1898 by simply calling their couriers
“may, by notification, empower any officer to “documents” and “parcels”, rather than “letters”.
cause any item in course of transmission by
the Post Office to be intercepted, opened or THEME 3: EXECUTIVE
detained in the interest of:
Role of Governor
o The security of the State,
o Friendly relations with foreign states, Why in news?
o Public order, Emergency, or Public Safety or The Supreme Court expressed serious concern
o The occurrence of any contravention of any over inaction by the Governor on Bills presented for
of the provisions of this Act. his assent.

• The new Act includes a broader provision Constitutional Provisions related to Governor
that aims to prevent smuggling and the illegal
• The Governor of a State is appointed by the
transmission of drugs and prohibited items
President and holds office during his pleasure.
via postal packages. The Central Government
• To become a Governor of the state, he must be
through a notification will empower an officer
a citizen of India, at least 35 years of age, Not
who may carry out an interception.
be a member of either house of the parliament
or house of the state legislature and Not hold
Identifiers and Post Codes:
any office of profit.
• Section 5 Sub-section 1 of the Act states that • The role of the Governor is quite similar to
“The Central Government may prescribe that of the President of India. The Governor
standards for addressing on the items, address performs the same duties as the President,
identifiers and usage of postcodes”. but for the State.
• This provision will replace physical addresses
with digital codes based on geographical More about the news
coordinates for precise identification of a • The Supreme Court ruled that the Governor
premise. does not exercise their discretionary powers
• While digital addressing is a forward-looking while withholding assent or returning a Bill to the
concept, it could simplify the sorting process State Legislature. The Governor is required to
and enhance the accuracy of mail and parcel act as per the advice of the Council of Ministers.
deliveries. • The return of any Bill to the State Legislature
for reconsideration is also to be done based on
Removal of Offences and Penalties: ministerial advice.
• As per Article 200, when the bill is presented
The Act does not contain the punishment for theft,
to the Governor for his assent, he has four
misappropriation or destruction of postal articles by
alternatives, that is:
an officer of the Post Office which was part of the
o He may give assent to the Bill
original Act of 1898.
o He may withhold assent to the Bill, that is,
Penalty under Section 7: reject the Bill in which case the Bill fails to
become law
• Every person who avails a service provided by
o He may return the Bill (if it is not a Money Bill)
the Post Office shall be liable to pay the charges for reconsideration of the State Legislature;
in respect of such service. o He may reserve the Bill for the consideration
• If any person refuses or neglects to pay the of the President.
charges referred to in Sub-section (1), such
amount shall be recoverable as if it were arrears The Powers of Governors
of land revenue due from him.
Discretionary Powers
Removes Centre’s Exclusivity: • The Constitution stipulates that if any matter
• The present Act has removed Section 4 of the falls within the Governor’s discretionary powers,
1898 Act, which allowed the Centre the exclusive the Governor’s judgement is final and cannot be
questioned.
privilege of conveying all letters by post.
21
• It is under the discretionary power of the • Respite: Granting a lower punishment in
governor to reserve the bill for the consideration exceptional cases.
of the president, when the governor feels • Remission: Reducing the length of the sentence
that provisions of the bill will contravene the without altering the offender’s character.
provisions of the Constitution, reduce the • Commutation: Replacing one form of
powers of the high court, or the bill repugnant punishment with another.
to a Union law.
• It must however be noted that the Constitution Impeachment in US and India
does not lay down any time limit within which
Why in news?
the Governor is required to make a decision.
In June 2023, the US House of Representatives
Executive Powers voted to begin an investigation intoJoe Biden’s
• The State Governor wields legislative, financial, removal.
judicial, and executive powers but lacks
Grounds for Impeachment:
diplomatic, military, or emergency powers
vested in the President of India. • According to the US Constitution, the President
• Acting as a ceremonial head, the Governor can be impeached for “treason, bribery, or other
exercises executive powers through the council high crimes and misdemeanours.”
of ministers. • The interpretation of these terms has evolved
• Appointments made by the Governor include over time, with some suggesting that an
the Advocate General, Chief Minister, and other impeachable offense is whatever the majority of
state ministers based on the Chief Minister’s the House of Representatives considers it to be
advice. at a particular moment.
• The Governor holds authority to recommend to • Historically, impeachment has covered a range
the President the declaration of a constitutional of offenses, including corruption and obstruction
emergency in the state, serving as the of justice.
President’s agent with significant executive
powers. Impeachment Process:
• The House of Representatives, with its 435
Legislative Powers members, approves formal charges against the
• The Governor’s legislative powers encompass President.
assenting to bills and dealing with the legislature. • The House acts as the accuser, voting on
• With non-money bills, the Governor may whether to bring specific charges known
consent, withhold assent, or return them to the as “articles of impeachment,” similar to an
Houses for reconsideration. If passed again indictment in a criminal case.
with or without amendments, the Governor • A simple majority vote in the House is needed to
must either assent or reserve the bill for the impeach the President.
President’s consideration. • The Senate then conducts a trial, with House
• Money bills cannot be sent back for members acting as prosecutors and Senators
reconsideration and are typically introduced as jurors.
with the Governor’s prior approval. If requiring • The Chief Justice of the US Supreme Court
the President’s consent, the President’s decision presides over the trial.
on assent is final. • A two-thirds majority vote in the 100-member
Senate is required to convict and remove the
Judicial Powers President from office.
In appointing justices to the State High Court, the
President consults with the Governor. The Governor Impeachment Process of the President in India
possesses pardoning powers for offenses within
Initiation of Charges:
the state’s jurisdiction, including:
• Charges of impeachment can be brought by
• Pardon: Full absolution of the offender. either House of Parliament.
• Stay on execution of sentence: Temporary • The charges must be signed by one-fourth of
suspension of the sentence. the members of the House framing the charges,
22
and the President must be given 14 days’ Chief Justice of India, the Governor of the State,
notice. and, in the case of appointment of a Judge
other than the Chief Justice, the Chief Justice of
Investigation and Resolution: the High Court.”
• After the impeachment resolution is passed by
a two-thirds majority of the total membership What is the Collegium System?
of one House, it is sent to the other House for • It is a mechanism invented by the judiciary for
investigation. the appointment and transfer of judges, through
• During the investigation, the President has the Second and Third Judges Case judgments.
right to appear and be represented. • There is no such law or constitutional provision
• If the other House upholds the charges with that mentions or defines the collegium system.
a two-thirds majority vote, the President is • It is headed by the CJI and comprises 4
removed from office as of the date the resolution other senior-most judges of the court. An HC
is passed. collegium is led by its Chief Justice and four
other senior-most judges of that court.
Key Notes:
Evolution of the Collegium System
• Impeachment in India is a quasi-judicial
procedure in Parliament. • The collegium system has its genesis in a series
• Nominated members of either House can of Supreme Court judgments called the ‘Judges
Cases’.
participate in the impeachment process, while
• First Judges Case: In S P Gupta Vs Union of
elected members of legislative assemblies of
India, 1981, the Supreme Court judgment held
states and Union Territories cannot participate.
that consultation does not mean concurrence
and it only implies an exchange of views.
THEME 4: JUDICIARY • Second Judges Case:
Appointment of Judges to the Supreme Court o In The Supreme Court Advocates-on-
Record Association Vs Union of India, 1993,
Why in news? a nine-judge Constitution Bench overruled
the decision and devised a specific
The Chief Justice of India has prepared a “broad
procedure called ‘Collegium System’ for the
platform” to assess every one of the “top 50
appointment and transfer of judges in the
judges” in the country who would be considered for
higher judiciary.
appointment as judges of the Supreme Court.
o The majority verdict in the Second Judges
Case accorded primacy to the CJI in
About The Appointment Procedure
matters of appointment and transfers while
• The appointments are made on the basis of also ruling that the term “consultation” would
seniority, regional representation and merit not diminish the primary role of the CJI in
while following a Memorandum of Procedure judicial appointments.
moulded through the Three Judges Cases. o The role of the CJI is primal in nature
because this being a topic within the judicial
Constitutional Provisions for Appointment of Judg- family, the executive cannot have an equal
es say in the matter.
• Judges of the Supreme Court and High Courts
• Third Judges Case (1998):
are appointed by the President under Articles
o The Court opined that the consultation
124(2) and 217 of the Constitution. process to be adopted by the Chief Justice
• Article 124 says: “Every Judge of the Supreme of India requires ‘consultation of plurality
Court shall be appointed by the President judges’
by warrant under his hand and seal after o The sole opinion of the CJI does not
consultation with such Judges of the Supreme constitute the consultation process.
Court and of the High Courts in the States as he o He should consult a collegium of four senior-
may deem necessary. most judges of the Supreme Court and even
• Article 217: “Every Judge of a High Court shall if two judges give an adverse opinion, he
be appointed by the President by warrant under should not send the recommendation to the
his hand and seal after consultation with the government.
23
Role of Government in Judicial Appointment the posting and promotion of, and the grant
• The government’s role is limited. It can only get of leave to, persons belonging to the judicial
an inquiry conducted by the Home Ministry if service of a State and holding any post inferior
a lawyer is to be elevated as a judge in a High to the post of district judge shall be vested in
Court or the Supreme Court. the High Court.
• It can also raise objections and seek clarifications • Article 236: it defines the term “judicial service”.
regarding the collegium’s choices. • Article 237: it empowers the Governor to apply
• But if the collegium reiterates the same names, the provisions of this Chapter to any class or
the government is bound to appoint them as classes of magistrates in a State.
judges.
Electronic Supreme Court Reports (e-SCR) Project
District Judiciary
Why in news?
Why in news? A Hindi version of the e-SCR portal was launched
The Supreme Court of India has emphasized the recently as part of Constitution Day celebrations.
crucial role of the district judiciary in upholding
justice and declared its independence as an About the e-SCR portal:
integral part of the Constitution’s basic structure. • It was an initiative by the Supreme Court (SC) of
India to provide the digital version of the apex
More about the news court’s judgements in the same manner they
• In a recent judgment, the court underscored are reported in the official law report.
the need for judicial independence from the • It provides free access to about 34,000
executive and legislature, including matters of judgements of the SC to lawyers, law students,
finances. and the common public.
• The judgment, based on a petition filed by • These verdicts will be available on the apex
the All-India Judges Association, has led to court website, its mobile app, and on the
significant directions and recommendations for judgement portal of the National Judicial Data
the district judiciary’s functioning and welfare. Grid (NJDG).
• It is a free service available for lawyers across
About District Judiciary the country.
• The district judiciary refers to the judicial system • The Supreme Court has developed a search
at the district level in India. It is the first level of engine with the help of the National Informatics
the judiciary and is responsible for hearing and Centre comprising elastic search techniques in
deciding on cases at the local level. the database of e-SCR.
• The district judiciary is composed of district • The search facility in e-SCR provides for free
courts and other lower courts, which are text search, search within search, case type
presided over by district judges and other and case year search, judge search, year and
judicial officers. volume search, and bench strength search
options.
Constitutional Provisions
National Judicial Data Grid (NJDG) portal:
• Articles 233-237 of the Indian Constitution
deal with the provisions related to subordinate • The NJDG portal is a national repository of
courts. data relating to cases instituted, pending, and
• Article 233: it deals with the appointment of disposed of by the courts across the length and
district judges. Appointments of persons to be, breadth of the country.
and the posting and promotion of, district judges • In this portal, one may access case-related
in any State shall be made by the Governor of information and statistics such as institution,
the State in consultation with the High Court pendency, disposal of cases, case types, and
exercising jurisdiction in relation to such State. the year-wise break-up of the Supreme Court of
• Article 234: it deals with the recruitment of India.
persons other than district judges to the judicial • It is a database of orders, judgements, and case
service. details of 18,735 District & Subordinate Courts
• Article 235: it deals with the control over district and High Courts created as an online platform
courts and courts subordinate thereto including under the e-Courts Project.
24
• It has been developed by the National • By providing dedicated courts and swift justice,
Informatics Centre (NIC) in close coordination the scheme aims to enhance the safety and
with the in-house software development team of security of vulnerable groups in society.
the Computer Cell, Registry with an interactive
interface and analytics dashboard. THEME 5: ELECTIONS
• The entire database will be periodically
updatedon the NJDG portal. ECI Decides on Party Name and Symbol
• NJDG works as a monitoring tool to identify,
manage, & reduce the pendency of cases. Why in news?
• It helps to provide timely inputs for making The Election Commission allotted the election
policy decisions to reduce delays in disposing symbol to Eknath Shinde-led faction of the Shiv
of cases and reduce case pendency. Sena for the upcoming byelection.

Fast Track Special Courts (FTSCs) Scheme More about the news
• An electoral or election symbol is a standardized
Why in news?
symbol allocated to a political party.
The Union Cabinet has approved the continuation • The Election Symbols (Reservation and
of the Fast Track Special Courts (FTSCs) Scheme Allotment) Order, 1968 empowers the Election
until March 31, 2026. Commission to recognise political parties and
allot symbols.
Overview:
• In the 1960s, it was proposed that the regulation,
• Launched in 2019, the FTSCs Scheme is a reservation, and allotment of electoral symbols
Centrally Sponsored Scheme implemented by should be done through a law of Parliament,
the Department of Justice, Ministry of Law & i.e., Symbol Order.
Justice. • In a response to this proposal, the ECI stated
• The Central Share of funding comes from the that the recognition of political parties is
Nirbhaya Fund, aimed at enhancing the safety supervised by the provisions of Election
and security for women in the country. Symbols (Reservation and Allotment) Order,
1968 and so will the allotment of symbols.
Objectives: • The Election Commission registers political
• The FTSCs were established as dedicated parties for the purpose of elections and grants
courts to hear cases related to rape and them recognition as national or state parties on
offenses under the Protection of Children from the basis of their poll performance. The other
Sexual Offences Act (POCSO Act). parties are simply declared as registered-
• The enactment of the Criminal Law (Amendment) unrecognized parties.
Act 2018, which included stringent punishment, • The recognition determines their right to certain
including the death penalty for rape offenders, privileges like allocation of the party symbols,
led to the creation of FTSCs. provision of time for political broadcasts on
television and radio stations and access to
Implementation and Operationalization: electoral rolls.
• The FTSCs are designed to be dedicated courts • Every national party and every state party is
linked to the National Judicial Data Grid. allotted a symbol exclusively reserved for its
• Currently, there are 761 FTSCs operationalized use throughout the country and the states
across 30 States and Union Territories, including respectively.
414 exclusive POCSO Courts. • Election Symbols (Reservation and Allotment)
• These courts have successfully resolved over Order, 1968:
1.95 lakh cases related to rape and POCSO • Under Paragraph 15 of the Order, EC can
offenses. decide disputes among rival groups or sections
of a recognised political party staking claim to
Significance: its name and symbol.
• The continuation of the FTSCs Scheme • The EC is the only authority to decide issues
underscores the government’s commitment to on a dispute or a merger under the order. The
expeditiously address cases of sexual offenses Supreme Court (SC) upheld its validity in Sadiq
against women and children. Ali and another vs. ECI in 1971.
25
• It applies to disputes in recognised national and misuse of electoral bonds to influence political
state parties. decisions.
• For splits in registered but unrecognised • The Supreme Court’s directive to the Election
parties, the EC usually advises the warring Commission to submit data on electoral
factions to resolve their differences internally or bonds reflects ongoing scrutiny and debate
to approach the court. surrounding political funding mechanisms in
• In almost all disputes decided by the EC so India.
far, a clear majority of party delegates/office
National Party Status
bearers, MPs and MLAs have supported one of
the factions. Why in news?
• Before 1968, the EC issued notifications and
The Election Commission (ECI) recognised the Aam
executive orders under the Conduct of Election
Aadmi Party (AAP) as a national party.
Rules, 1961.
• The splinter group of the party - other than the What is a National/State Political Party?
group that got the party symbol - had to register • The ECI has laid down the technical criterion
itself as a separate party. for a party to be recognised as a national/state
• They could lay claim to national or state party party in the Election Symbols (Reservation and
status only on the basis of its performance in Allotment) Order 1968, as amended from time
state or central elections after registration. to time.
Electoral Funding • A party may gain or lose national/state party
status from time to time, depending on the
Why in news? fulfillment of these laid-down conditions.
Recently, the Supreme Court directed the Election • Criteria for a Party to be Recognised as a National
Party: A political party would be considered (if it
Commission of India (ECI) to submit data on the
satisfies any of the below conditions) a national
electoral bonds received by political parties until
party if:
September 30, 2023.
o it is ‘recognised’ in four or more states as a
Electoral Bonds (EBs): state party; or
• Electoral Bonds are interest-free bearer bonds o if its candidates polled at least 6% of total
or money instruments introduced in the Union valid votes in any four or more states in the
Budget 2017-2018. last Lok Sabha or Assembly elections and
• These bonds can be purchased by companies has at least four MPs in the last Lok Sabha
and individuals in India from authorized polls; or
branches of the State Bank of India (SBI). o if it has won at least 2% of the total seats
• They are available in denominations of Rs in the Lok Sabha from not less than three
1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs states.
1 crore. o The BJP, Congress, CPI(M), Bahujan Samaj
• Purchasers must use a KYC-compliant account Party (BSP), National People’s Party (NPP)
to make donations to a political party. and the AAP are the national parties now.
• There is no cap on the number of electoral o The AAP satisfies the first criteria as it is
bonds that a person or company can purchase. recognised as a state party in Delhi, Punjab,
• Electoral Bonds are available for purchase for a Goa and Gujarat.
period of 10 days each in January, April, July, • Criteria for a Party to be Recognised as a State
and October. Party: A political party would be considered a
State party if:
Significance: o A partyIf it secures 6% of the valid votes
• The introduction of electoral bonds aimed to polled in the state at a general election to
bring transparency and accountability to political the respective state legislative assembly
funding by promoting digital transactions and and also, it wins 2 seats in the same state
reducing the use of cash in political donations. legislative assembly.
• However, concerns have been raised about o If it secures 6% of the total valid votes in the
the anonymity of donors and the potential for state at a general election to the Lok Sabha
26
and also, it wins 1 seat in the Lok Sabha duplication and ensuring uniformity.
from the same state. • Establishing parity between the minimum age
o If it wins 3% of seats in the legislative of voting and contesting elections ensures
assembly at a general election to the consistency in the electoral framework and
legislative assembly of the state concerned aligns with the principles of democratic
or 3 seats in the assembly (whichever is representation.
more).
o If it wins 1 seat in the Lok Sabha for every 25 THEME 6: FEDERALISM
seats or any fraction thereof allotted to the
state at a general election to the Lok Sabha Cooperative Federalism
from the state concerned.
o If it secures 8% of the total valid votes Why in news?
polled in the state at a General Election to The Prime Minister recently highlighted the
the Lok Sabha from the state or to the State significance of cooperative federalism in India.
Legislative Assembly.
About news
Common Electoral Rolls • Cooperative federalism is a concept of
federalism in which national, state, and local
Why in news?
governments increasingly interact cooperatively
The Law and Justice Minister tells Rajya Sabha that and collectively to solve common problems.
Centre is not planning to amend RPA to enable a • The Indian model of federalism is predominantly
common electoral roll to all electoral bodies in the ‘cooperative’ as laid down by the Supreme Court
country. in State of Rajasthan v. Union of India,1977.
• The most essential precondition for the effective
About
functioning of cooperative federalism is robust
• India currently maintains two types of electoral institutions and mechanisms for promoting
rolls: General electoral rolls, overseen by intergovernmental relations.
the Election Commission of India (ECI), and • The Constitution of India does not explicitly
Separate electoral rolls, prepared by State contain the phrase ‘cooperative federalism,’
Election Commissions (SEC) for local body but the functioning of the Constitution implicitly
elections. resulted in ‘cooperative federalism.’
• The Election Commission of India (ECI) • While India does not entirely mimic a pure
administers Union and State elections, federal system, it follows a quasi-federal system
including Lok Sabha, Rajya Sabha, and State of governance. And for a smooth functioning
Legislative Assemblies, under Article 324 of the federation, there needs to be cooperation and
Constitution. collaboration between the federal units.
• State Election Commissions (SEC) in each • Sarkaria Commission Report (1988) on Centre-
state are constituted under Article 243K(1) to state relations stated that by the middle of
conduct fair elections to local bodies such as the twentieth century, federalism had come
Panchayats and Municipalities. to be understood as a dynamic process of
• Establishing Parity Between Minimum Age of cooperation and shared action between two or
Voting and Contesting Elections: more levels of government.
• Currently, the minimum age for contesting
elections to the Lok Sabha (Article 84) and What are the constitutional provisions which up-
Legislative Assemblies (Article 173) is 25 years. hold the spirit of cooperative federalism?
Significance: Article 54 Representation of states in the
• Consolidating the Electoral Rolls into a single, President’s election where the
comprehensive database can help eliminate members of legislative assemblies
duplication and streamline the electoral are part of the Electoral college.
process. Article 80 Provides for the Council of States,
• Consolidating electoral rolls into a single representing states in the union
database can enhance the efficiency and legislative process.
accuracy of the electoral process by reducing
27
Article 246, It demarcates the subject matters • 7th Schedule: The Seventh Schedule of the
read with upon which the Centre and states Constitution delineates the distribution of powers
Schedule may enact laws. between the Union and the States, specifically
VII For the matters listed in the addressing water-related issues.
Concurrent List, the Centre and the o State List (Entry 17): Covers matters related
state may legislate. to water, including water supplies, irrigation,
canals, drainage, embankments, water
Article 262 It allows the Parliament to adjudicate
storage, and water power, subject to the
inter-state water disputes. Further,
provisions of Entry 56 of List I (Union List).
In T.N. Cauvery Sangam v. Union
o Union List (Entry 56): Pertains to the
of India(1990), the Supreme
regulation and development of inter-state
Court clarified that the Parliament
rivers and river valleys. It grants Parliament
could appoint a Tribunal for such
the authority to legislate on matters
adjudication.
concerning inter-state water disputes in the
Article 263 It provides for the establishment public interest.
of Inter-State Councils, which are
empowered to investigate those Provisions for Adjudication
matters that interest both the Centre • The River Boards Act (1956): This legislation
and states. enables the establishment of river boards by
Inter-State Water Dispute the Central government, upon the request of
concerned state governments, for the regulation
Why in news? and development of inter-state rivers and river
valleys. River boards advise the involved state
The Odisha government has lodged a complaint
governments.
with the Central government regarding the lack of
• The Inter-State Water Disputes Act (1956):
water inflow from the Mahanadi river during the
This Act empowers the Central government
non-monsoon period.
to constitute ad hoc tribunals for adjudicating
disputes between two or more states concerning
The Inter-State River Disputes in India
the waters of inter-state rivers or river valleys.
• India has 25 major river basins, with most The decisions of these tribunals are final and
rivers flowing across states. The increasing binding, and no other court, including the
water scarcity, a rapid rise in urban and rural Supreme Court, has jurisdiction over such
demands for freshwater, and contentious disputes referred to these tribunals.
political dynamics have exacerbated the Inter
State River Water Disputes.
• These disputes are rooted in constitutional,
historico-geographical, and institutional
ambiguities, they tend to become prolonged
conflicts between the states that share river
basins, therefore pose a continuing challenge
to federal water governance in India.

Constitutional Provisions
• Article 262: Article 262 of the Constitution
provides for the adjudication of inter-state water
disputes in India.
• Parliament, through legislation, can provide for
the adjudication of disputes regarding the use,
distribution, and control of waters from inter-
state rivers and river valleys.
o It can also stipulate that neither the Supreme
Court nor any other court can exercise
jurisdiction over such disputes.
28
THEME 7: LOCAL GOVERNMENT o block-level Panchayats
o Panchayats at the district level.
Democratic Decentralisation in India • The 74rd Constitutional Amendment Act deals
with the Constitution of Municipalities(243Q) :
Why in News? o Nagar Panchayat
It has been almost 30 years since the 73rd and o Municipal Council
74th constitutional amendment Acts were passed o Municipal Corporation.
to facilitate democratic decentralisation in India, • The Constitution 73rd and 74th Amendment
but very little and actual progress has been made Acts mandated the reservation of one-third of
in this direction. seats for women in Panchayati Raj institutions
and reservation of SC and ST according to their
About population.
• Local government, including panchayats, • The Constitution 73rd and 74th Amendment Acts
is a state subject in the Constitution, and provided for the creation of the State Election
consequently, the devolution of power and Commission and State Finance commission.
authority to panchayats has been left to the • The performance of the PRI’s is harmed by
discretion of states. insufficient funding, political interventions,
• The Constitution mandates that panchayats and little devolution of authority and services and
municipalities shall be elected every five years bureaucratic interventions etc.
and enjoins States to devolve functions and
Capacity Building of Urban Local Bodies (ULBs)
responsibilities to them through law.
• However , the state of Local self government Why in news?
before the enactment of the 73 and 74th
The government of India organsided National
amendment was not what it was envisioned by Workshop on Capacity Building of Urban Local
the constituent assembly. Bodies.
About the 73rd & 74th Amendment About
• The 73rd and 74th Amendments, by • It was established by the Government of
constitutionally establishing Panchayati Raj India on April 1, 2021, the Capacity Building
Institutions (PRIs) in India, mandated the Commission (CBC) plays a pivotal role in driving
establishment of panchayats and municipalities standardization and harmonization across the
as elected local governments. landscape of Indian civil services.
• This amendment incorporates Article 40 of • It serves as the custodian of capacity building
the DPSP, which implies that the ‘State shall reforms for civil services, contributing
take steps to organise village panchayats and significantly to the overarching institutional
endow them with such powers and authority as framework of Mission Karmayogi.
may be necessary to enable them to function as
units of self-government. Key Features:
• These amendments added two new parts to • Independence and Autonomy: CBC operates as
the Constitution, namely, Part IX titled “The an independent body with complete executive
Panchayats” (added by 73rd Amendment) and and financial autonomy, enabling it to function
Part IXA titled “The Municipalities” (added by effectively without undue influence.
74th Amendment). • Composition: The Commission comprises
• The 11th Schedule, having 29 subjects, contains three Members, each selected from diverse
the powers, authority and responsibilities of backgrounds to ensure comprehensive
Panchayats. representation of various perspectives,
• The 12th Schedule, having 18 subjects, contains including those from state governments, the
the powers, authority and responsibilities of public sector, the private sector, academia, and
Municipalities. other relevant stakeholders.
• The 73rd Constitutional Amendment Act • Support Structure: CBC is bolstered by an
aspires to create a three-tier Panchayati Raj internal Secretariat, led by an officer holding
system(243B) that includes: the rank of Joint Secretary to the Government
o village-level Panchayats of India, designated as the Secretary to the
29
Commission. This Secretariat facilitates the About CAG
smooth functioning of CBC’s initiatives and • Under Article 148, The Constitution of India
operations. provides for an independent office of the
• Core Purpose: The primary objective of the Comptroller and Auditor General of India (CAG).
Commission is to establish credibility and foster • CAG is the head of the Indian Audit and
a uniform approach to capacity building across Accounts Department.
different sectors. It emphasizes collaboration • He is the guardian of the public purse and
and knowledge-sharing to enhance the controls the entire financial system of the country
effectiveness and efficiency of capacity building at both the levels–the Centre and the state.
initiatives. • His/Her duty is to uphold the Constitution of
India and the laws of Parliament in the field of
Panchayat Development Index (PDI) financial administration.
• He is one of the bulwarks of the democratic
Why in news? system of government in India.
The Union Minister of State for Panchayati releases
Report on Panchayat Development Index. Constitutional Provisions
• Article 148: Article 148 broadly deals with
About the CAG appointment, oath and conditions of
• PDI is a comprehensive, multi-domain, and service.
multi-sectoral index designed to assess the • Article 149: Comptroller and Auditor General of
holistic development, performance, and India is responsible for auditing all expenditures
progress of panchayats. for Centre and states related to the consolidated
• It incorporates various socio-economic fund of India, contingency fund, public account,
indicators to measure the well-being and consolidated fund of union territories with
development status of local communities under Legislative Assembly.
• Article 150: Advises the president for the form
a panchayat’s jurisdiction. PDI is crucial for
in which accounts of centre and state needs to
evaluating performance and tracking progress
be kept.
in the localization of Sustainable Development
• Article 151: Responsible for the submission
Goals in rural areas.
of an audit report to the president related to
• The Index is based on a framework of local
the centre. The report related to the state is
indicators encompassing nine themes related submitted to the Governor.
to sustainable development in villages. • Article 279: He is responsible to ascertain and
• It has Nine Themes of PDI namely: certify the net proceeds of any tax or duty.
o Poverty-Free and Enhanced Livelihood in
Village Powers of the CAG
o Healthy Village The Comptroller and Auditor General of India (CAG)
o Child-Friendly Village is an important constitutional authority in India. Here
o Water-Sufficient Village are some key points about the powers of the CAG:
o Clean and Green Village
o Village with Self-Sufficient Infrastructure • The CAG has the power to audit the accounts
of the government. This includes the central
Socially
government, state governments, and public
o Just and Secured Villages
sector organizations. This helps ensure
o Village with Good Governance
transparency and accountability in the use of
o Women-Friendly Village
public funds.
• The CAG has the authority to control the financial
THEME 8: BODIES aspects of the government. It examines the
financial statements, transactions, and reports
Controller and Auditor General (CAG) of various government departments.
• The CAG submits reports to the Parliament on the
Why in news?
audit findings and observations. These reports
16th November is celebrated every year as ‘Audit are an important tool for Parliament to scrutinize
Diwas’. the government’s financial performance.
30
• In addition to financial audits, the CAG also Office of Lokpal and Lokayukta
conducts performance audits. This involves
assessing the effectiveness of government Why in news?
programs to ensure that they are achieving their A Parliamentary panel report states that the Lokpal
intended objectives. disposed of 68% of corruption complaints against
• The CAG is an independent body and is not public servants without taking any action.
subject to control by the executive branch of the About Lokpal and Lokayukta are public institutions
government. This independence allows the CAG established in India to investigate and prosecute
to perform its duties without any interference. corruption among public officials.
• The CAG can make recommendations to the • Recommendation of ARC: In the 1960s, the
government based on its audit findings. Administrative Reforms Commission of India
• The CAG follows up on its audit observations suggested the creation of two specialized
and recommendations to ensure their authorities, the Lokpal and Lokayukta, to
implementation. It monitors whether the address citizens’ complaints and grievances
government has taken appropriate action to pertaining to corruption.
• Role of Ombudsman: Lokpal and Lokayukta
address the issues identified.
perform the function and role of an
GST Appellate Tribunal (GSTAT) “Ombudsman”. They inquire into allegations
of corruption against certain public bodies/
Why in news? organizations and for other related matters.
The GST Appellate Tribunal is a specialized • National and state level: The Lokpal is a
authority established to adjudicate GST-related national-level institution, while the Lokayukta
disputes at the appellate level. is a state-level institution. Both have the power
to investigate and prosecute corruption cases,
About GSTAT and both are headed by a panel of judges or
retired judges.
• The appeals against the orders passed by the
• Jurisdiction: The Lokpal and Lokayukta
Appellate Authority under the Central and State
handle complaints against ministers and top
GST Acts lie before the GSTAT.
government officials.
• Appeals pertaining to disputes of less than Rs.
50 lakh that don’t deal with a question of law The amendment changes the Lokpal and Lokayuk-
tas Act 2013 with regard to the reporting of assets
could be decided by a single-member bench.
and liabilities by public officials.
• Hence, a GSTAS is a forum of second appeal in
• Allows the leader of the largest opposition party
GST laws and the first common forum of dispute
in the Lok Sabha, in the absence of a recognized
resolution between Centre and States.
Leader of Opposition, to be a member of
• Being a common forum, GSTAT will ensure that
the selection committee that chooses the
there is uniformity in redressal of disputes arising ombudsman.
under GST, and therefore, in implementation of • The bill modifies section 44 of the Act, which
GST across the country. originally dealt with the requirement for public
officials to report their assets and liabilities within
Significance of GSTATs 30 days of starting their government service.
• The constitution of GSTATs will expedite • The amendment eliminates the 30-day time
the process of adjudication and provide tax frame in section 44, and public officials will
certainty especially in recurring litigative issues. report their assets and liabilities as outlined by
• Ensuring speedier and economic resolution of the government.
cases by dedicated and specialised GSTATs
Changes with respect to the functions of the CVC:
will help in bolstering business sentiments and
The enactment of the Lokpal and Lokayuktas Act
ease of doing business in the country. will help the Central Vigilance Commission work in
• Where the taxpayers feel that there has an independent and assertive manner:
been a burden of a high rate of pre-deposit,
the decisions by the tribunal will give some • Sections 8A and 8B were added in CVC Act, 2003
relief. empowering the commission to enquire into
references made by the Lokpal in respect of
31
members of Group ‘B’, ‘C’, ‘D’ services of the • Legal Framework: In pursuance of Article 323-A,
central government and such level of officials or Parliament passed the Administrative Tribunals
staff of the corporations, companies, societies Act in 1985.
and local authorities owned by the central o The act authorizes the Central government
government. to establish one CAT and the state
• The CVC also has been bestowed with the administrative tribunals.
powers of superintendence over the CBI in so • Objective and Composition: The CAT is a
far as it relates to the investigation of offenses specialist body consisting of Administrative
alleged to have been committed under the Members and Judicial Members who by virtue
Prevention of Corruption Act, 1988, to ensure of their specialized knowledge are better
greater objectivity and accountability in its equipped to dispense speedy and effective
functioning. justice.
• A Chairman who has been a sitting or retired
Bar Council of India
Judge of a High Court heads the CAT.
Why in news? • Operating Principles: The Tribunal is guided
The Bar Council of India has proposed conducting by the principles of natural justice in deciding
the Common Law Admission Test 2024 in regional cases and is not bound by the procedure
languages. prescribed by the Civil Procedure Code.
• Under Section 17 of the Administrative Tribunal
About Bar Council of India (BCI) Act, 1985, the Tribunal has been conferred with
• It is a statutory body established under the the power to exercise the same jurisdiction and
Advocates Act 1961 to regulate and represent authority in respect of contempt of itself as a
the Indian bar. High Court.
• Independence: The conditions of service of
Functions: the Chairman and Members are the same as
• It performs the regulatory function by prescribing applicable to a Judge of High Court as per
standards of professional conduct and etiquette the Administrative Tribunals (Amendment) Act,
and by exercising disciplinary jurisdiction over 2006.
the bar. • Appeals against Orders: The orders of the
• It also sets standards for legal education CAT are challenged by way of a Writ Petition
and grants recognition to Universities whose under Article 226/227 of the Constitution before
degrees in law will serve as qualification for the respective High Court in whose territorial
enrolment as an advocate. jurisdiction the Bench of the Tribunal is situated.
• It conducts the All India Bar Examination (AIBE) APPOINTMENT OF DGP
to grant a ‘Certificate of Practice’ to advocates
practising law in India. Why in news?
• BCI also funds welfare schemes for economically
The recent passage of the Punjab Police
weaker and physically handicapped advocates.
Amendment Bill, 2023, by the Punjab assembly has
Central Administrative Tribunal stirred discussions on the procedure for selecting
the Director General of Police (DGP) and its
Why in news? implications on state autonomy and police reforms.
The Delhi High Court granted six Public Works
Department (PWD) officials the liberty to approach About bill
the Central Administrative Tribunal (CAT) to • The Punjab Police Amendment Bill, 2023,
challenge the issuance of show cause notices amends the Punjab Police Act, 2007, to alter
against them. the procedure for selecting the DGP in the
state.
About CAT • The bill seeks to bypass the requirement of
• The Central Administrative Tribunal had empanelment by the Union Public Service
been established under Article 323 - A of the Commission (UPSC) and empowers the state
Constitution. government to appoint the DGP directly.
32
Key Provisions of the Bill advertisements, thereby safeguarding their
• Bypassing UPSC Empanelment: The bill enables interests and promoting transparency in the
the state government to form a seven-member advertising industry.
Empanelment Committee to select a panel of o Serves as a proactive regulatory body that
three senior-most officers for consideration monitors advertisements across diverse
for the post of DGP, bypassing the UPSC sectors, ensuring compliance with ethical
empanelment requirement. standards and legal regulations.
• Procedure for DGP Appointment: The o Contributes to building consumer trust
appointment of DGPs is guided by the Supreme by holding advertisers accountable for
Court’s judgment in the Prakash Singh vs Union the content of their advertisements and
of India (2006) case, which mandates selection promoting responsible advertising practices
from among the three senior-most officers in the industry.
empaneled for promotion to that rank.
• Conflict with SC Order: The bill’s provisions Directorate of Enforcement
seemingly conflict with a 2018 Supreme Court
order, which emphasized the adherence to Why in news?
police reforms and directed states to follow Recently, the Supreme Court invalidated the third
specific procedures for DGP appointments. extension of tenure granted by the government to
Advertising Standards Council of India the Director of the Enforcement Directorate.

Why in news? About ED


The Advertising Standards Council of India (ASCI) • The Enforcement Directorate (ED) is a
has unveiled the ASCI Academy to promote multi-disciplinary organization tasked with
responsible advertising practices. investigating economic crimes and violations of
foreign exchange laws.
About • It operates under the Department of Revenue,
• Establishment and Structure: Ministry of Finance, with its headquarters
o Established in 1985 under Section 25 of the located in New Delhi.
Companies Act, 1956, ASCI operates as a • The Director of the Enforcement Directorate is
voluntary, self-regulatory council registered appointed in accordance with the provisions of
as a non-profit company. the Central Vigilance Commission (CVC) Act,
o The ASCI comprises a Board of Governors, 2003.
members of the Consumer Complaints • The tenure of the ED Director should be “not
Council, and a Secretariat. less than two years,” and any transfer must be
o The Board of ASCI consists of a governor approved by the appointing committee chaired
and 16 members representing reputable
by the CVC.
firms, including media agencies, advertisers,
• As per the Central Vigilance Commission Act
and individuals involved in the advertising
of 2021, the mandatory two-year appointment
industry.
period can be followed by a maximum of three
• Consumer Complaints Council: annual extensions.
o Responsible for examining and investigating • The prime objective of the Enforcement
complaints from consumers and the public Directorate is to enforce the provisions of two
regarding any contravention of the Code special fiscal laws:
of Conduct of the News Broadcasting o Foreign Exchange Management Act of 1999
Associations and advertisement ethics. (FEMA)
o Independent body tasked with addressing o Prevention of Money Laundering Act of 2002
complaints related to unfair, untruthful, and
(PMLA)
false claims made in advertisements.
o Through its enforcement activities, the
• Significance: ED aims to combat economic offenses,
o Provides a mechanism for consumers money laundering, and violations of foreign
to voice concerns about misleading exchange regulations.
33
GENERAL CONSENT TO CBI Constitution of India to ensure free and fair
elections in the country.
Why in news? • Articles 324-329 in Part XV of the Constitution
Tamil Nadu’s recent decision to withdraw the deal with elections.
general consent accorded to the Central Bureau • The Election Commission consists of the Chief
of Investigation (CBI) for probing cases within the Election Commissioner (CEC) and other Election
state has sparked discussions on the implications Commissioners appointed by the President.
of such actions.
Key Features of the Bill
About News • Repeal: The Bill repeals the Election
• Withdrawal of General Consent Commission (Conditions of Service of Election
o Tamil Nadu’s withdrawal of general consent Commissioners and Transaction of Business)
means that the CBI will now require case- Act, 1991.
specific consent for each investigation • Appointment: The CEC and other ECs will
within the state. be appointed by the President based on the
o Other states like West Bengal, Mizoram, and recommendation of a Selection Committee.
Punjab have also recently revoked general • Selection Committee: It comprises the Prime
consent, signaling a trend of reevaluation of Minister as Chairperson, the Leader of the
CBI’s jurisdiction. Opposition in Lok Sabha, and a Union Cabinet
• Implications General Consent Minister nominated by the Prime Minister.
o Impact on Investigations: Without general • Search Committee: A panel of 5 persons for
consent, the CBI’s ability to swiftly investigate consideration will be prepared by a Search
cases within Tamil Nadu is hampered, as Committee headed by the Cabinet Secretary.
it now needs to seek permission for each • Eligibility: Candidates must have held posts
probe. equivalent to the rank of Secretary to the Central
o Legal Complexities: While the Supreme Government or have expertise in managing and
Court and high courts can still order CBI conducting elections.
investigations without state consent, this • Salary and Allowances: CEC and other ECs will
process adds legal complexities and delays receive the same salary, allowance, and service
to the investigative process. conditions as the Cabinet Secretary.
o Administrative Challenges: Case- • Term of Office: The tenure remains the same
specific consent requirements introduce as in the 1991 Act, with no provision for re-
administrative burdens for both the CBI and appointment.
state governments, potentially leading to • Conduct of Business: All Election Commission
bottlenecks in addressing urgent cases. business must be conducted unanimously, with
o Jurisdictional Tensions: The withdrawal differences of opinion decided by majority vote.
of general consent reflects jurisdictional • Removal: Retains the earlier removal procedure,
tensions between central and state requiring a motion passed by both Houses of
agencies, highlighting broader issues of Parliament.
federalism and governance. • Resignation: The CEC and other ECs may
CEC and Other EC (Appointment, Conditions of submit their resignation to the President.
Service and Term of Office) Act, 2023 Secretariat of the Parliament

Why in news? Why in news?


The President has given her assent to the Chief As Parliament celebrates its 75th anniversary,
Election Commissioner and other Election its secretariat, the backbone of the institution,
Commissioners (Appointment, Conditions of continues to ensure its smooth functioning.
Service and Term of Office) Bill, 2023.
Constitutional Provisions
About Election Commission
• Article 98 of the Constitution stipulates that each
• The Election Commission is a permanent
House of Parliament shall have its own separate
and independent body established by the
secretarial staff.
34
• Parliament is empowered to regulate the replacing the Maharashtra Lokayukta and Upa-
recruitment and conditions of service for Lokayuktas Act, 1971.
personnel appointed to the secretarial staff of
either House. About News
• Additionally, Article 187 provides similar • Maharashtra was the first state to establish
provisions for the Secretariat of State Lokayukta in 1971, followed by Odisha.
Legislatures. • Lokayukta is an anti-corruption authority
established at the state level to investigate
Establishment cases of corruption against certain categories
• The Council of States (Rajya Sabha) and of public servants.
the House of the People (Lok Sabha) were • Key Features of the Maharashtra Lokayukta Bill,
established in 1952. 2022:
• Initially, the Secretariat of the House of the o The bill replaces the Maharashtra Lokayukta
People was termed the ‘Parliament Secretariat,’ and Upa-Lokayuktas Act, 1971.
while a new Secretariat named the ‘Council of o It aims to strengthen the anti-corruption
States Secretariat’ was established for the Rajya framework in Maharashtra and streamline
Sabha. the functioning of the Lokayukta institution.
• In 1954, the names were changed to the Rajya o Details regarding the structure, powers, and
Sabha Secretariat and Lok Sabha Secretariat, jurisdiction of the Lokayukta under the new
respectively. bill are yet to be disclosed.
o The passage of the bill reflects the state
Structure of the Secretariats government’s commitment to combating
Lok Sabha Secretariat corruption and promoting transparency and
accountability in governance.
• Speaker (Lok Sabha): Holds ultimate guidance
and control over the secretariat.
• Administrative Head: Secretary-General. THEME 9: MISCELLANEOUS
• Recruitment and Conditions of Service: Aspirational Blocks Programme (ABP)
Governed by the Lok Sabha Secretariat
(Recruitment and Conditions of Service) Why in news?
Rules, 1955, promulgated by the President in Recently, the Aspirational Blocks Programme (ABP)
consultation with the Speaker. was launched on January 7, 2023.
• These rules define the strength and composition
of the secretariat. About Aspirational Blocks Programme
• All appointments to posts are made by the • It is a development initiative aimed at improving
Speaker, who may delegate this authority to the the performance of areas that are lagging on
Secretary-General or another officer. various development parameters.
• It was announced in the Union Budget 2022-23.
Rajya Sabha Secretariat
• It will initially cover 500 districts across 31 states
• Chairman (Rajya Sabha): Holds administrative and Union Territories, with over half of these
control over the secretariat. blocks located in six states – Uttar Pradesh,
• Administrative Head: Secretary-General. Bihar, Madhya Pradesh, Jharkhand, Odisha
• Recruitment and Conditions of Service: and West Bengal.
Governed by the Rajya Sabha Secretariat • The ABP is based on the Aspirational District
(Recruitment and Conditions of Service) Programme (ADP).
Rules, 1957, promulgated by the President in
consultation with the Chairman (similar to Lok Rule of Law Index
Sabha).
Why in news?
Lokayukta After the World Bank’s ‘Ease of Doing Business’
rankings, the government has turned its attention to
Why in news?
scoring better in the Rule of Law Index (ROLI).
The Maharashtra Legislative Council recently India has been ranked 77th out of 140 countries in
passed the Maharashtra Lokayukta Bill, 2022, 2022 by the World Justice Project (WJP)
35
About ranking Key highlight
• The Rule of Law Index (ROLI) is released by the • The India Justice Report (IJR) was initiated by
World Justice Project (WJP), a US-based civil Tata Trusts in 2019, and this is the third edition.
society group. The foundation’s partners include the Centre for
• It rates countries based on accountability of Social Justice, Common Cause, Commonwealth
executives and respect for fundamental rights Human Rights Initiative, DAKSH, TISS-Prayas,
of people. Vidhi Centre for Legal Policy and How India
• The index is prepared by examining these four Lives, IJR’s data partner.
principles through eight factors: constraints on • This report is based on overall data of 4 pillars
government powers, absence of corruption, of justice delivery namely Police, Judiciary,
open government, fundamental rights, order Prisons, and Legal Aid.
and security, regulatory enforcement, civil • This third IJR also separately assesses
justice, and criminal justice. the capacity of the 25 State Human Rights
Commissions in the country.
Regulation of Online Gaming • The 3rd edition also assesses the capacity of
the 25 State Human Rights Commissions in the
Why in news? country separately.
Recently, the Finance Ministry of India announced
World Press Freedom Index 2023
a 28% Goods and Services Tax (GST) on online
money gaming, casinos, and horse racing.
Why in news?
What is the Legality of Online Gaming and Gam- On the World Press Freedom Day (WPFD) (3rd
May), the World Press Freedom Index 2023 was
bling in India?
published by Reporters Without Borders (RSF).
• Legal Jurisdiction: The state legislators are, India ranked 161st among the 180 countries with a
vide Entry No. 34 of List II (State List) of the score of 36.62. In 2022, India’s rank was 150.
Seventh Schedule of the Constitution of India,
given exclusive power to make laws relating to About World Press Freedom Day
Gaming, Betting and Gambling. • The day was proclaimed by the UN General
• Most Indian states regulate gaming on the basis Assembly in 1993, following the recommendation
of a distinction in law between ‘games of skill’ of UNESCO’s General Conference in 1991.
and ‘games of chance’. • The day also marks the 1991 Windhoek
• Public Gambling Act, 1867: At present, India Declaration (adopted by UNESCO).
has just one central law that governs gambling • To raise public awareness of the value of
in all its forms. It’s called the Public Gambling press freedom, the importance of protecting
Act, 1867, which is an old law, ill-equipped to journalists’ rights, and the importance of
handle the challenges of digital casinos, online encouraging independent, free media.
gambling and gaming. • Theme for 2023: Shaping a Future of Rights:
• The Lotteries Regulation Act, 1998: The lottery Freedom of Expression as a Driver for All Other
is considered legal in India. The lottery should Human Rights’
be organised by the state government and the
place of Draw should be in that particular state. Key Highlights of the World Press Freedom Index
• Foreign Exchange Management Act (FEMA), 2023
1999: Remittance of the income generated from
Top and Worst Performers:
lottery winning, and racing/riding is prohibited
under FEMA Act,1999. • Norway, Ireland and Denmark occupied the top
three positions.
India Justice Report • Vietnam, China and North Korea were at the
bottom of the list.
Why in news?
According to the India Justice Report (IJR) 2022, India’s Neighbours:
the State of Karnataka emerged at the top among • Sri Lanka also made significant improvement
the 18 large and mid-sized States with populations on the index, ranking 135th this year as against
of over one crore. 146th in 2022.
36
• Pakistan is ranked at 150th position. Multi-State Co-operative Societies (Amendment)
• The situation has gone from ‘problematic’ to Bill, 2023
‘very bad’ in three other countries: Tajikistan
(down 1 at 153rd), India (down 11 at 161st) and Why in news?
Turkey (down 16 at 165th). The Multi-State Cooperative Societies (MSCS) Act
aims to consolidate and amend the law relating to
The World Press Freedom Index has been published
cooperative societies that operate across multiple
every year since 2002 by Reporters Without Borders
states, serving the interests of members in more
or Reporters Sans Frontieres (RSF).
than one state.
Justice Clocks
Key Provisions:
Why in news? • Application: The Act applies to all cooperative
Electronic signage systems known as Justice Clocks societies with objects not confined to one
have been installed across the court complexes of state. This means that any cooperative society
High Courts. operating in multiple states falls under the
purview of this Act.
About Justice Clock • Registration: All MSCS must be registered
• It provides information based on the NJDG under the Act through a Central Registrar
database. appointed by the Central Government. This
• Informs about Disposal rate & services offered ensures uniformity and central oversight in the
by court. registration process.
• Displays various schemes of the Department of • Internal Governance: MSCS are allowed
Justice. to create their bye-laws, which must be
• Benefits: Provides real-time updates on court consistent with the provisions of the Act for
proceedings, case disposition rates, and internal governance. This gives them autonomy
other vital data, promoting transparency, in managing their affairs while ensuring
accountability, and public trust in the judicial compliance with regulatory standards.
system. • Reorganization: The Central Registrar is
empowered to prepare schemes for the
Nyaya Vikas Portal:
amalgamation or reorganization of cooperative
banks operating across multiple states. This
Why in news?
is done under the direction of the Central
The Nyaya Vikas Portal provides stakeholders Government, with prior approval from the
with convenient access to information regarding Reserve Bank of India (RBI), and in accordance
funding, documentation, project monitoring, and
with the Banking Regulation Act, 1949. Such
approval.
measures aim to streamline operations and
ensure financial stability.
About
• Purpose: Developed by the Ministry of Law Important Judgment:
and Justice, it monitors the implementation of
• The case of Union of India vs. Rajendra N
Centrally Sponsored Schemes (CSS) aimed at
Shah resulted in a landmark judgment. With
enhancing judicial infrastructure.
a 2:1 majority, the court quashed certain
• Key Features:
provisions of the 97th Amendment Act related
o Monitors CSS for the development of to cooperative societies. This judgment likely
infrastructure facilities in district and addressed constitutional or legal issues related
subordinate judiciary since 1993-94. to cooperative societies, setting significant
o Provides central assistance to states/UTs for precedents for their functioning and regulation.
constructing court halls and residential units
Dark Patterns
for judicial officers.
o Funding ratios vary based on geographical Why in news?
factors, with higher assistance for
The Advertising Standards Council of India (ASCI)
Northeastern and Himalayan states and
has recently issued guidelines addressing the use
Union Territories.
of “dark patterns” in advertisements.
37
About Dark patterns contractual compensation. It finds legal backing
• Definition of Dark Patterns: Dark patterns refer in statutes such as the Trade Marks Act, 1999,
to user interface designs crafted to deceive or and the Copyright Act, 1957.
manipulate users, leading them to make choices • Right to Privacy: Individuals possess the right to
that may not align with their best interests. prevent the unauthorized public representation
Examples include misleading pricing, hidden of their personality without consent. This right
charges, or deceptive opt-ins. is primarily governed by Article 21 of the
• Consumer Protection Act of 2019: The guidelines Constitution of India and the landmark Supreme
are aligned with the provisions of the Consumer Court judgment in the Justice K.S. Puttaswamy
Protection Act of 2019, which defines and (Retd.) Case (2018).
prohibits misleading advertisements. These
regulations aim to safeguard consumers from 108 Migrants from Pakistan Awarded
unfair trade practices and deceptive marketing Citizenship in Gujarat
tactics.
Why in news?
About ASCI A recent Ministry of Home Affairs Order, 2021 has
• Establishment: ASCI was established in 1985 conferred authority upon Collectors from select
by professionals from the advertising and districts in Gujarat, Chhattisgarh, Rajasthan,
media industry with the objective of promoting Haryana, and Punjab for facilitating the registration
decency, fairness, and honesty in Indian of Indian citizens and the issuance of naturalization
advertising. certificates under Sections 5 and 6 of the Citizenship
• Self-regulatory Organization: ASCI functions Act, 1955.
as a voluntary self-regulatory organization
comprising members from various sectors, Key Provisions:
including marketing, creative, media, and • Empowerment of Collectors: The order grants
allied industries. Its primary goal is to uphold authority to Collectors from specified districts to
ethical standards in advertising and protect the oversee the registration of Indian citizens and
interests of Indian consumers. the issuance of naturalization certificates under
• Commitment to Consumer Protection: ASCI Sections 5 and 6 of the Citizenship Act, 1955.
has consistently demonstrated its commitment • Applicability: This authority is applicable to
to consumer protection through proactive individuals belonging to the minority community
measures such as issuing guidelines, monitoring in Afghanistan, Bangladesh, and Pakistan who
advertisements for compliance, and addressing seek citizenship by naturalization in India.
consumer complaints related to misleading or
deceptive advertising practices. Citizenship by Naturalization:

Personality Rights • Eligibility Criteria: Citizenship by naturalization


can be acquired by foreigners who are not
Why in news? illegal immigrants and meet certain criteria:
The Delhi High Court recently issued a ruling o They must have been ordinarily resident
granting protection to the personality rights of a in India for a continuous period of 12
prominent Bollywood actor, safeguarding them years immediately preceding the date of
from misuse by third parties. application.
o Within this period of 12 years, they must
Personality Rights in India have been resident in India for at least 11
• Legal Basis: While there is no specific statute in years in aggregate during the 14 years
India expressly addressing personality rights, preceding the 12-month period before the
they are inferred to be encompassed within the application date.
right to privacy and the right to property. o Additionally, other qualifications as specified
in the Third Schedule to the Citizenship Act,
Components of Personality Rights 1955, must be fulfilled.
• Right to Publicity: This aspect entails the right o This Ministry of Home Affairs Order aims
to prevent the commercial exploitation of one’s to streamline the process of citizenship
image and likeness without authorization or registration and naturalization for eligible
38
individuals belonging to the minority Sarna Code
communities in Afghanistan, Bangladesh,
and Pakistan residing in select districts of Why in news?
the aforementioned states. The Jharkhand Government is advocating for the
recognition of the Sarna religious code for tribal
Consumer Protection in India communities.

Why in news? Key Aspects of Sarna Faith:


The Central Consumer Protection Authority (CCPA) • Nature Worship: Sarna adherents revere nature
has issued 20 notices to IAS coaching institutes for and do not engage in idol worship. Their spiritual
allegedly misleading advertisements. practices emphasize a deep connection to the
natural world.
Measures Taken for Consumer Protection: • Distinct Beliefs: Unlike mainstream Hinduism,
• Consumer Protection Act (CPA) 2019: This Sarna followers do not subscribe to concepts
legislation establishes the Central Consumer such as the Varna system or the notions of
Protection Authority (CCPA), tasked with heaven and hell.
regulating matters related to consumer rights • Holy Tenets: The fundamental tenets of the
violations and unfair trade practices. Sarna faith revolve around the sanctity of “Jal”
• Consumer Protection (Jurisdiction of District (water), “Jungle” (forest), and “Zameen” (land).
Commission, State Commission, and National Followers often offer prayers to trees and hills,
Commission) Rules, 2021: These rules aim to considering them sacred.
provide a three-tier quasi-judicial mechanism
Implications of Recognition:
at the National, State, and District levels for the
• Official recognition of the Sarna religious code
simple, speedy, and inexpensive resolution of
by the Jharkhand Government would provide
consumer disputes.
legal acknowledgment and protection for the
• ConfoNet Project: Launched in alignment with
religious rights of tribal communities.
the CPA 1986, the ConfoNet Project focuses
• It would afford Sarna followers the autonomy
on the computerization and networking of
to practice their faith freely without being
consumer fora across the country. Its objectives
subsumed under a broader religious category.
include enhancing operational efficiency,
coordination, accessibility, and speed in judicial Special Category Status (SCS)
administration.
• Integrated Grievance Address Mechanism Why in news?
(INGRAM) Portal: Developed by the Department Special Category Status (SCS) is a designation
of Consumer Affairs, the INGRAM portal granted to certain states in India, entailing additional
serves as a centralized platform for creating financial support and benefits from the central
awareness, providing advice, and redressing government.
consumer grievances.
Key Facts About Special Category Status:
• E-Daakhil Portal: This portal offers consumers
• Constitutional Provision: Article 275 of the Indian
nationwide a hassle-free and speedy facility to
Constitution empowers the central government
approach relevant consumer forums, eliminating
to provide additional financial assistance to
the need for physical travel and presence.
states beyond the recommendations of the
• Certification Markers: Implemented to safeguard
Finance Commission.
consumers and raise awareness about quality
• Current Designation: Presently, 11 out of India’s
standards, certification markers play a crucial 29 states hold Special Category Status, with
role in ensuring product and service reliability five more states seeking this designation due
and safety. to their economic and geographical conditions.
• These measures collectively contribute to • Criteria for Designation: States eligible
strengthening consumer protection in India, for SCS typically exhibit characteristics
enhancing accountability, and promoting fair such as resource scarcity, low per capita
trade practices in the marketplace. income, unsustainable finances, inadequate
39
infrastructure development, significant tribal Crime in India 2022 Report
population, hilly terrain, and strategic border
location. Why in news?
The National Crime Records Bureau (NCRB)
Benefits for States with Special Category Status: recently unveiled its annual report, “Crime in India
• Tax Exemptions: Special Category States are for 2022.”
exempted from excise duty, customs duty,
corporate tax, income tax, and other taxes to Key Responsibilities:
attract investment and spur economic growth. • The primary role of the NCRB is to collect,
• Financial Assistance: The central government analyze, and disseminate crime data from
provides 90% of funding for centrally-sponsored
across the country.
schemes and foreign aid as grants to SCS states,
• It serves as an essential resource for law
with the remaining 10% as a zero-interest loan.
enforcement agencies, policymakers, and
In contrast, states outside the special category
researchers in understanding crime patterns
receive only 70% as grants.
• Allocation of Federal Budget: SCS states and trends.
receive a significant allocation of 30% from the
Significant Projects and Initiatives:
federal budget, enabling them to undertake
development projects and address socio- • Crime and Criminal Tracking Network and
economic challenges effectively. System (CCTNS): Launched in 2009, CCTNS
• Debt Relief Initiatives: SCS states benefit from aims to modernize and digitize the functioning
debt-swapping and debt-relief programs, of police stations and higher offices across
helping them manage their financial liabilities India.
more effectively. • It connects approximately 15,000 police stations
• Priority Treatment: These states receive and 6,000 higher offices nationwide, facilitating
preferential treatment in receiving central funds, efficient policing through e-Governance.
facilitating the implementation of development • National Digital Police Portal (2017): The
initiatives and infrastructure projects. National Digital Police Portal enables police
Current States with Special Category Status: officers to access the CCTNS database for
Manipur, Meghalaya, Mizoram, Arunachal Pradesh, criminal information and provides citizen
Tripura, Sikkim, Uttarakhand, Himachal Pradesh, services such as online complaint filing.
Assam, Jammu & Kashmir and Nagaland • National Database of Sexual Offenders (NDSO):
NCRB maintains and updates the NDSO, which
Enabling Communications on Real-time contains information on sexual offenders, and
Environment (ENCORE)
shares it with States/Union Territories (UTs) to
Why in news: aid law enforcement efforts.
• Online Cyber-Crime Reporting Portal: As the
Recently, the Election Commission of India has
Central Nodal Agency for cybercrime reporting,
designed in-house software, ENCORE, for complete
NCRB oversees an online portal for citizens to
Candidate and election management.
report cybercrimes, particularly those related to
About child pornography and sexual violence.
• The Election Commission of India (ECI) has • Central Finger Print Bureau: The Central
developed a sophisticated software solution Finger Print Bureau serves as the national
called ENCORE (Enabling Communications repository of fingerprints in India, assisting law
on Real-time Environment) to streamline the enforcement agencies in criminal identification
entire process of candidate and election and investigation.
management. • Crime Statistics: NCRB compiles and publishes
• ENCORE serves as a comprehensive tool national crime statistics through reports such as
for returning officers, enabling them to ‘Crime in India’, ‘Accidental Deaths & Suicides’,
digitize votes, tabulate round-wise data, and and ‘Prison Statistics’, providing valuable
generate essential reports during the counting insights into various aspects of crime and
process. criminal justice in the country.
40
THEME 10: GOVERNANCE Centre claims Aadhaar as the most trusted
digital ID in the world
Charge Sheets
Why in news?
Why in news?
Aadhaar, issued by the Unique Identification
Recently, the Supreme Court ruled that charge Authority of India (UIDAI), stands as a cornerstone
sheets filed by probing agencies are not considered of India’s digital identity ecosystem. With its unique
public documents. features and robust security measures, Aadhaar
has gained recognition as one of the most trusted
About digital identification systems globally.
• The court emphasized that making charge
sheets public would infringe upon the rights of Key Features of Aadhaar:
victims, accused individuals, and investigating • Uniqueness: Aadhaar ensures uniqueness
agencies. through biometric de-duplication, preventing
• A charge sheet is a formal police record detailing the issuance of multiple cards for the same
the names of individuals in custody, the nature individual.
of accusations, and the identities of accusers. • Random Number: The 12-digit Aadhaar number
is generated randomly and does not contain
Internet Shutdowns: any details such as caste, religion, or income,
ensuring privacy and neutrality.
Why in news?
• Scalable Architecture: Aadhaar’s architecture is
India has faced a significant number of internet open and scalable, capable of handling up to
shutdowns, according to an internet advocacy 100 million authentications per day, reflecting
watchdog’s report for the year 2022. its adaptability to the needs of a vast population.
• UIDAI has implemented a two-layered security
About mechanism for Aadhaar-based fingerprint
• The Temporary Suspension of Telecom Services authentication, enhancing the security of
(Public Emergency & Public Safety) Rules, 2017, Aadhaar transactions.
under the Indian Telegraph Act, 1885, governs • Privacy Protections in Legislation: The Aadhaar
the suspension of telecom services, including Act 2016 includes robust privacy protections,
internet shutdowns. such as Section 32(3), which prohibits UIDAI
• These rules allow for temporary shutdowns from collecting or maintaining information about
of telecom services in regions during public the purpose of authentication, ensuring data
emergencies for up to 15 days at a time, with privacy.
directions issued by government officials.
Right To Information (RTI)
E-Governed state
Why in news?
Why in news? Several provisions of the RTI Act, along with recent
Kerala has achieved the distinction of becoming amendments, play a crucial role in facilitating
India’s first fully “e-governed state,” showcasing a access to information. Here, we delve into the key
comprehensive digitization of government services. provisions of the RTI Act and recent exemptions
introduced through amendments.
About
Key Provisions of the RTI Act 2005:
• E-governance, utilizing Information and
Communication Technologies (ICTs) like • Section 2(h): Defines ‘Public Authorities,’
Wide Area Networks, the Internet, and mobile encompassing organizations under the
computing, aims to enhance governance jurisdiction of union, state, or local bodies, and
efficiency. civil organizations funded by citizens’ funds.
• Kerala’s initiatives include the Kerala Fibre • Section 4(1)(b): Mandates government bodies
Optic Network (KFON) project, ensuring internet to maintain updated information accessible to
the public.
access as a citizen’s right, and e-Sevanam, a
• Section 6: Outlines a simple procedure for
unified portal offering 900 public services up to
citizens to request information under the RTI
taluk-level offices.
Act.
41
• Section 7: Specifies a timeframe for the NCC
government to provide information in response
to RTI requests. Why in news?
• Section 8: Specifies minimum information to Celebrating its 75th Anniversary in 2023, NCC
be disclosed and exemptions for providing remains dedicated to fostering leadership,
information. discipline, and a spirit of service among India’s
• Section 19: Defines a two-tier procedure for youth.
appealing an RTI decision.
Objectives of NCC:
• Section 20: Prescribes penalties for non-
compliance with RTI provisions, including failure • Leadership Development: To create organized,
trained, and motivated youth capable of
to provide information within the stipulated time.
providing leadership across various domains
Exemptions under the RTI Act 2005: for the nation’s service.
• Promotion of Armed Forces Careers: To inspire
• Recent Amendment: The Central government,
young individuals to pursue careers in the Armed
through the Department of Personnel and Forces and contribute to national defense.
Training (DoPT), exempted the Indian Computer • Character Building: To instill values such as
Emergency Response Team (CERT-In) from the discipline, character, leadership, secularism,
RTI Act under section 24(2), adding it to the and selfless service among the youth.
Second Schedule.
• Section 8(1): Lists exemptions, including Structure and Administration:
information prejudicial to national security, • Tri-Services Organization: NCC comprises Army,
contempt of court, breach of parliamentary Navy, and Air Wings, offering a comprehensive
privilege, and disclosure harmful to competitive exposure to the defense services.
positions or personal privacy. • Headquarters: Located in New Delhi, NCC
• Section 8(2): Allows disclosure of information operates under the Ministry of Defence,
exempted under Section 8(1) and the Official overseeing its nationwide operations.
Secrets Act, 1923, if the public interest • Directorates: NCC is divided into 17
outweighs the harm to protected interests. Directorates at the state level, each responsible
for coordinating NCC activities within its
AAINA Dashboard for Cities jurisdiction.

Why in news? Nature of NCC Programme:


The Ministry of Housing & Urban Affairs has launched • Voluntary Participation: NCC participation is
a new dashboard named ‘AAINA Dashboard for voluntary, with students not obligated to serve
Cities’. in the military.
• Certificate Courses: NCC offers certificate
Key objectives of portal: courses of varying durations, providing
• Promote Competition: ULBs can watch other participants with opportunities for skill
ULBs and learn from them. development and leadership training.
• Promote Inspiration: To identify the possibilities Grievance Redressal Assessment & Index (GRAI)
available for improvement.
• Promote Learning: To learn and implement best Why in news?
practices from peers. The recent launch of the Grievance Redressal
The Dashboard will present the data submitted by Assessment & Index (GRAI) for the year 2022 by the
the ULBs on the basis of indicators across five broad Department of Administrative Reforms and Public
pillars namely, Grievances (DARPG) marks a significant step
• Political & Administrative Structure towards improving the efficiency and effectiveness
• Finance of public grievance redressal mechanisms in India.
• Planning
Objectives of GRAI 2022:
• Citizen Centric Governance.
• The primary objective of GRAI 2022 is to provide
• Delivery of Basic Services.
an organization-wise comparative analysis of
42
grievance redressal mechanisms, highlighting • The core mandate of DPCGC is to oversee
strengths and areas for improvement. and regulate online curated content, ensuring
• It aims to assess the efficiency, feedback adherence to a Code of Ethics set forth by the
mechanisms, domain coverage, and organiza- OCC providers.
tional commitment of Central Ministries and • It consists of an Online Curated Content
Departments towards grievance redressal. Publishers (OCCP) Council comprising OCC
providers and an independent Grievance
Key Highlights of GRAI 2022: Redressal Board (GRB) chaired by a retired
• GRAI 2022 evaluates 89 Central Ministries and Supreme Court/High Court judge, with members
Departments based on 12 indicators spread from diverse backgrounds.
across four key dimensions.
• These dimensions include Efficiency, Feedback, Functions of GRB:
Domain Coverage, and Organizational • Overseeing Adherence to Code of Ethics: The
Commitment, providing a holistic view of the GRB ensures that OCC providers align with
grievance redressal landscape. and adhere to the prescribed Code of Ethics,
• Notably, the average disposal time for grievances promoting responsible content creation and
by Central Ministries and Departments has dissemination.
shown improvement, reducing from 32 days in • Guidance Provision: It provides guidance
2021 to 27 days in 2022, reflecting enhanced to entities on ethical content creation and
responsiveness and efficiency. distribution practices, fostering a culture of
responsible digital content consumption.
OTT Regulation in India
• Grievance Redressal: The GRB addresses
grievances lodged by viewers against OCC
Why in news?
providers, stepping in when complaints remain
The Digital Publisher Content Grievances Council unresolved by the publisher within the stipulated
(DPCGC) has recently made headlines for time frame.
recommending punitive action against an Over- • Hearing Appeals: It hears appeals filed by
the-Top (OTT) platform, invoking the Information complainants dissatisfied with the resolution of
Technology Rules (2021). their grievances, ensuring a fair and impartial
review process.
About DPCGC:

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