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Recap365
Polity
(Jan 2023 - Jan 2024)
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 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
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.
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.
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.