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VIP Polity

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VIP Polity

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https://connectcivils.com Project VIP *G; Legal _| Important articles that affect center state relations - '* Art 249 : Article 249 empowers the Parliament to legislate with respect to a matter in the State List in the national interest, ‘© Art 252 : If the legislatures of two or more states resolve that partiament should legislate on any subject for them then parliament can make law on state list. ‘* Art 253: Parliament has power to make any law for the whole or any part of the territory of India to implement International treaties - eg for TRIPS, Environment etc ‘* Art 352 : National Emergency: Parliament can make a law on any subject. ‘* Art 356 : President rule ‘* Art 262: Parliament can set up a tribunal to resolve interstate water disputes. But the terms of reference of such a tribunal etc are all decided by the centre. ‘* Art 355: Imposes two duties on centre - © To protect every state against external aggression and internal disturbances © To see that governance of the state is carried on in accordance with the provisions of constitution '* Art 365: Ifthe state fails to comply with any directions given by the union in the exercise ofits executive powers then the president may hold it to be a breach of Constitutional provisions and impose Art 356. '* Art 200 and 201: Governor can reserve certain bills. President has absolute veto on them '* Art 360 - During Fin emergency, President can direct states to reserve money or financial bills Government of National Capital Territory of Dethi (Amendment) Bill, 2023, which replaces the ordinance on control of services in Delhi, has been passed by both the Houses of the Parliament. Key Features of the Bill — © National Capital Civil Services Authority (NCCSA) ~The Bill establishes the National Capital Civil Services Authority to make recommendations to the LG on certain matters related to services © These include: (i) transfers and postings, (i) matters related to vigilance, disciplinary proceedings, and (iv) prosecution sanctions of Group A of All India Services (except indian Police Service), and DANICS. © The Authority will consist ofthe: (i) Chief Minister of Delhi as Chairperson, (i) Principal Home Secretary of the Delhi government as Member Secretary, and (il) Chief Secretary of the Delhi government as member. © The central government will appoint both the Principal Home Secretary and Chief Secretary. © Allldecisions of the Authority will be based on a majority vote of the members present and voting. Powers of the LG — © Matters where the LG may act on his discretion are: (i) matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG, or (ji) matters where he is required by a law to act in his discretion or exercise any judicial or quastjudicial functions. © The Bill specifies that in these matters, the LG will actin his sole discretion © LG can approve the recommendations of the Authority, or return them for reconsideration © Inthe case of a difference of opinion between the LG and the Authority, the former's decision will be final. Disposal of Matters by Ministers — © AMinister of the Delhi government may issue standing orders for the disposal ‘of matters brought to his attention, © The order should be issued in consultation with the concemed Department Secretary. C@® 9352179495 ©Qeconnectkas (© @ConnectCivils iconnectcivils.com Project VIP *G; © Certain matters must be submitted to the LG, through the Chief Minister and the Chief Secretary, for his opinion prior to the issue of any order. Duties of Secretaries — © Additionally, the concemed Department Secretary must bring certain matters to the notice of the LG, the Chief Minister, and the Chief Secretary. © These include matters which may bring the Delhi Government into controversy with the central or any state government, the Supreme Court, or High Court of Delhi Examples | President's rule in Rajasthan - 1. 13 March 1967 to 26 April 1967 for 44 days: Indecisive outcome of elections 2. 29 April 1977 to 22 June 1977 for 54 days: Government dismissed inspite of Hari Dev Joshi enjoying majority support in Assembly 3. 16 February 1980 to 6 June 1980 for 111 days: Government dismissed inspite of Bhairon Singh Shekhawat enjoying majority support in Assembly 4, 15 December 1992 to 4 December 1993 for 354 days: Government dismissed in spite of Bhairon Singh Shekhawat enjoying majority support in Assembly Examples of friction between center and state - «Inter state river water dispute [Ex - Bw Rajasthan and MP on Chambal water] Central agencies like CBI, ED [Ex - Union govt vs State of Bengal] Legislations [Ex - Farmer's bill, Union vs Punjab] Financial sector [Ex - GST Compensation] ‘Administration [Ex - Delhi govt Vs Union Govt] Misuse of Article 356 Article 3 [Indestructible union of destructible states) Organization | Organizations which promote competitive cooperative federalism - * GST Council NITI Aayog Finance Commission Inter state council Rajya Sabha © Zonal Council Quote KC Wheare called Indian federalism Quasi Federal. ‘© Kssanthanam : There is dominance of centre in financial sphere and Planning ‘commission. '* Granville Austin called indian federalism Cooperative federalism * BR AMBEDKAR: Indian federalism can be federal and unitary according to situation Rankings | To inculcate the spirit of competitive cooperative federalism - ‘© SDG India Index (NIT! Aayog) © First Kerala, Rajasthan 22nd position '* Good governance Index © Indicators like Public health, Environment, Public infrastructure, Economic, ‘governance, Commerce and industry etc ‘*_ Swachh Survekshan Survey Committees | Punchhi Commission Recommendation ‘* On the Finance Commission © The States should be included in the formulation of the Finance Commissions’ © Reduce the cesses and surcharges. © To have a permanent secretariat of the Finance Commission. ‘* Commission On Governor ‘© Governor needs to be from outside the State © Shouldn't be very involved in its regional politics. At least two years before his appointment, he should be someone who has not participated actively in politics © He must be nominated, after consulting with the Chief Minister of the relevant C@® 9352179495 ©Qeconnectkas (© @ConnectCivils 2S: https:#/connectcivils.com Project VIP >G State © Its necessary to establish a committee that will be in charge of selecting the ‘governors. The Prime Minister, the Home Minister, the Speaker of the Lok Sabha, and the affected State's Chief Minister may all be members of this committee, © His tenure in office must be guaranteed, and it shouldn't be interrupted unless there are incredibly strong reasons or i he is the target of legal action. Other Important Punchhi Commission Recommendations © Inthe context of Article 355 and Article 356 = Center should just have control over the troublesome area rather than declaring an emergency over the entire state. An emergency should not last for longer than three months. With regard to the Concurrent List © Before laws are filed on issues that are on the concurrent list, the Commission advised that the States be consulted through the inter-state council Regarding the National Integration Council © for issues involving internal security © This council hold at least one annual meeting Punchhi Commission On Choosing A Chief Minister By The Governor © The party of coalition of parties that enjoy the broadest support in the Legislative Assembly should be asked to form the government, © The head of the party should automatically be requested to become the Chief Minister if that party holds an absolute majority in the assembly. © Inthe absence of such a party, the Governor should appoint a Chief Minister from the party or group of partes listed below by giving each one of them a hearing in the order of preference listed below - ‘= A coalition of parties is established before the elections. = With the backing of other parties, including “independents,” the largest single party stakes a claim to form the government. = A post-election coalition of parties in which all the members form governments, = A post-election coalition of political parties, including “independents,” with some members coming from a government and others supporting it from the outside. Sarkaria commission recommendation (1983) - '* Formation of an intergovernmental council consisting of the prime minister and Chief ministers of states '* Sparing use of article 356 of the Constitution should be made, and all possibilities of forming an alternative government must be explored ‘+ The three-language formula should be implemented in its true spirit in all the states in the interest of unity and integrity of the country. '* It did not favor disbanding all-India services in the interest of the country's integrity. Instead, it selected new all-ndia services. '* It favored the determination of terms of reference of the finance commission in Consultation with the state governments ‘* It made a strong case for inter-state councils '* Governor - © An eminent person, © From outside the state © Not indulged in active or local politics © Aftr consulting the Chief Minister of the State © Must be allowed to complete five years of their term in the office ‘© No appointment or Office of Profit under the government after demitting the office Keywords Cooperative model Competitive Federalism Participatory Federalism Fiscal federalism This system involves the distribution of responsibilities between the Union and States relating to financial expenditure and tax Schemes/ '* On 5 August 2019, the Government of india, by the powers vested in it by policy Constitution of India, passed a motion to dissolve Article 370 of the Constitution of C@® 9352179495 ©Qeconnectkas (© @ConnectCivils Project VIP *G; India for the state of Jammu and Kashmir, and bifurcated the state into two Union Territories — Jammu and Kashmir, and Ladakh by introducing the Jammu and Kashmir Reorganization Act in the Parliament of India © NITI Forum For North-East ‘© Aspirational district program ‘* Subgroups Of Chief Ministers sc ‘* SR bommai case: Federalism part of basic structure Judgements | « Sat Pal v State of Punjab - SC held that the Constitution of India is more Quasi-federal than federal or unitary. Datalfacts '* Indian state accounts for almost 60% of overall public expenditure and hence very important to spur demand in our country. [Argument in favour of financial autonomy] Standard | On the one hand we need to protect the sovereignty and integrity of our nation, on the conclusion | other hand we have to accommodate regional diversity, autonomy and aspirations of states. Hence respecting ideals our constitutional forefathers like Dr Abedkar, we must work with “Team India” approach. Practise | While the Central and State Governments both derive their authority from the Constitution, the Indian Constitution provides for a federal system with a unitary bias. Explain, [10 M] ‘iret he wring of Planning Common and Ni Anyog nd is mpc on ran | ee arab A a Bt ee a Fase ee pou at Tiga the le of Arie 95 asa Bdge Deween Ae 82a Ace 356, A {352 8 yee 366 a be ee 35 rw ae wt ‘este vaous safeguards suggeted byte Supreme Courtine Bora Case “usperent rearing the seo Artie 356, 7 ‘toate Pott renee go oe 356 wae hr See Pot ou he majrreconeendatons of Punch Commision. om Go ae oh ya eo ae HE an he dretonry powers fhe Governor Fa ore ea ee TE set re eter i C@® 9352179495 ©Qeconnectkas (© @ConnectCivils https://conneeteivils.com Project VIP *G; Legal ‘* The Constitution of India explicitly provides for judicial review in Articles 13, 32, 131 And gives power to SC and HC through Article 142, 226 and 246 As stated below - © Article 13 deals with the Laws inconsistent with the Fundamental Rights «© Article 32 guarantees the right to approach the Supreme Court for Constitutional Remedies when their Fundamental Rights are violated © Article 131 talks about Original jurisdiction of the Supreme Court * Article 142 stated that any decree or order passed by the Supreme Court to do complete justice was enforceable throughout the territory of India © Article 226 talks about power of High Courts to issue certain writs Article 50: The State shall take steps to separate the judiciary from the executive in the Public services of the State. © To avoid conflic and judicial overreach Quote © M. Venkaiah Naidu, The Vice-President of india termed the Supreme Court's banning of firecrackers during Diwali as Judicial Overreach © Justice P N Bhagwati - There is one feature of constitution of India which is fundamental to maintain the democracy and rule of law and that is judicial review © An independent judiciary is sin qua non for vibrant democracy, hence Judicial review as basic structure must be protect in it’s true leter and spirit - Baba Neon Constitution without Judicial Review is Unconstitutional * Justice should not only be done, but mist also seen to be done Keywords | Constitutional Supremacy Basie Structure Doctrine Procedure Established by Law Due Process of Law Judicial overreach Judicial restrain Judicial code of conduct Judicial hyperactivism - Triple Talag, Sabrimala ete Transformative approach - Naz foundation case and Navtej Singh Johar [A 377] Justice P N Bhagwati - Father of PIL in India Justice V.R. Krishna Iyer - A pioneer of judicial activism and the legal-aid movement in India Justice Fatimah Beevi - The frst woman judge and the rst woman Supreme Court Judge of India Justice ¥.V. Chandrachud - The longest-serving Chief Justice of India Justice D.V. Chandrachud - The 50th and present chief justice Justice H R Khanna - Propounded the basic structure doctrine in 1973 Personality Originated in USA Locus standi ie only those who are affected can fle For poor and marginalized who can't go to court through legal means This extended scope of Article 32 Ex- 2G case initiated by a PIL Most successful in enviommental and consumer affair cases Cons - © Burdened Judiciary © Judicial overeach © Misuse for politcal gain were eeeee sc ‘* Cases related of Judicial Activism - Judgements ‘© Maneka Gandhi v. Union of India - Right to personal liberty guaranteed by the Constitution included the right to travel abroad. Also due process of the law should be followed © Vishaka v. State of Rajasthan (1997) - Guidelines for the prevention of sexual harassment at the workplace © National Legal Services Authority v. Union of India (2014) - Transgender persons have the right to be treated as their self-identified gender, # Cases related to Judicial review C@® 9352179495 ©Qeconnectkas (© @ConnectCivils https://connectcivils.com Project VIP *G; © Golaknath Case (1967) - Parliament could not curtail any of the Fundamental Rights in the Constitution © Kesavananda Bharati case (1973) -_ Basic structure doctrine. Parliament can amend FR but basic structure should not be disturbed. © Indira Gandhi vs Raj Narain Case, 1975: Judicial review is considered a basic structure of the constitution © Bank Nationalisation Case (1970) © Privy Purse Abolition Case (1971) © Minerva Mills Case (1980) - Indian constitution is found on the bedrock of balance ble FR and DPSP ‘© LR Coelho case (2007): No immunity from judicial review for laws included in the 9th Schedule © In 2015, the Supreme Court announced both the 99th Constitutional Amendment, 2014, and the National Judicial Appointments Commission (NJAC) Act, 2014 as, Unlawful, invalid, and unconstitutional * Apparent cases related to judicial overreach ‘© Shyam Narayan Chouksey v. Union of India - Makes it mandatory, that all the cinema halls in India shall play the National Anthem before the feature film starts, © Liquor ban (2017) - banned the sale of liquor at retail outlets, as also in hotels, restaurants, and bars, that are within 500m of any national or state highway. Considered overreach as it was an administrative matter © Arun Gopal v. Union of India (2017) - The Supreme Court had fixed timings for setting off fireworks during Diwali and had banned the use of fireworks that are not environmentally friendly Dataifacts | The term judicial activism was coined by historian Arthur Schlesinger, Jr. in 1947 The foundation of Judicial Activism in India was laid down in 1970s by Justice V.R Krishna lyer, Justice PN Bhagwati, Justice D A Desai etc © Overburdened judiciary - ‘© Over 68000 cases pending in SC ©. 59 lakh cases pending in 25 High courts © 15 judges pending seats Rajasthan high court Standard | Tools lke judicial review and judicial activism are necessary to mainstain, Reinforce and conclusion | augment public confidence in Indian constitution and legal system. However, there must be a clear guidelines and judicial code of conduct so that all 3 organs work in harmony without crossing the laxman rekha and going into judicial overreach Q. Bring out the role of judicial review in safeguarding the fundamental rights enshrined in Indian constitution with examples. (SM) cru : See a a : C@® 9352179495 ©Qeconnectkas (© @ConnectCivils 2S: https:#/connectcivils.com Project vip G NJAC (national judicial appointment commission) - AIM - ‘* Tobring the transparency in the appointment (and transfer) process of judges. Currently the collegium system where judges select judges is fingered on its opaque system of selection What - ‘* According to 99th constitution amendment act and NJAC act 2014, a say has been given to civil society and executives (Along with judicial persons) in the appointment of judges Now? - ‘© SC has declared NJAC as unconstitutional on the following grounds - © NJAC does not adequately represent persons from judiciary in the appointment process © Having Law minister (Executive) in NJAC will undermine separation of power Way forward? - Following things should be experimented to bring transparency in the selection process - ‘¢ Have a permanent committee (Just like committee in the case of appointing "senior" advocates in SC and HC) which have relevant members like - © Chief justice and other judges © Attorey general © Members of the bar ‘* Have clear cut objective criteria for selection of a judge. Those who have been rejected should be given proper reason for the same ‘© Recently a positive step has been taken in this direction where the name of the candidate selected and reasons for the same would be made public © But as long as there is no clear parameters, it would be futile to display the reasons © These may be merit, reputation, conduct, integrity, Interview on the point basis ‘* A candidate's constitutional philosophy must be assessed [This is more relevant with time as progressive interpretation of constitution is required every now and then} ‘©. Greater transparency and accountability to maintain and improve the judiciary’s credibility in public ‘© Judicial academy may be an alternative ‘Increase the judicial infra - Computers, physical infra, Ensure separate washroom for transgenders, Brale brochures, Creche faciity and front desk Current collegium system - What? - ‘* The collegium system evolved in “three judges case" ‘* Asystem under which appointment and transfer of judges [Supreme court and High court] are decided by a forum consist of § senior most SC judges including chief Justice ‘* Constitution does not say anything about Collegium, under A 124 appointment of SC judges are made by president after consultation with judges of SC and HC as president seems necessary. Although Consultation with Chief justice is necessary ‘* Article 217 says that a HC judge is appointed by president after consultation with CuI , governor of the state and chief justice of the concerned HC ‘© Article 222 (Transfer of HC judges) Against collegium - '* In Already burdened judiciary, judges need to invest time in appointing and transferring judges without any separate secretariat or intelligence gathering ‘* Appointment system is opaque, closed door ‘* There is no defined criteria to selectreject a judge. Though seniority, representation of a state in SC and merit is considered but what merit actually constitutes remain vague ‘* There is no mentioned deadline for center [Law ministry] to clear the name of the suggested candidate. This delays the appointment process C@® 9352179495 ©Qeconnectkas (© @ConnectCivils 2S: https:#/connectcivils.com Project VIP Impor 1 10. 11 12 13. 14. 16. 16. 17. 18. 19. tant SC Judgements - Keshvanand bharti case (1973) - ‘© Parliament can abridge the FR but can't change the basic structure of the constitution © Declare Federalism, Secularism and democracy as basic structure .. Maneka gandhi case (1978) - Due process of the law instead of procedure established by the law for A 21 ‘¢ Hence one could be deprived if the law is fair, just and reasonable |. Minerva Mills v Union of India (1980) - ‘© Judicial review and limited amending power of the parliament is itself basic structure ‘© Indian constitution is found on the bedrock of balance ble FR and DPSP ‘© Constitution is supreme not the parliament }. Shah Bano bagum case (1986) - ‘* Right to maintenance to Muslim woman after divorce as accordance with section 125 of CrPC © Opened debate on UCC and judicial intervention in personal laws .. Olga tellis vs Bombay municipal corporation (1985) - ‘© Right to life also include right to livelihood ‘Hence socio economic right came under perview of FR Indra Sawhney vs UO! (1992) - * Upheld the validity of OBC reservation * Defined the *Creamy layer” MC Mehta vs UO! (1986) - ‘© Enlarged scope of A 21 to right to healthy and pollution free environment National legal service authority vs UOl - ‘© Recognition of transgenders as a third gender and instructed govt for reservation in education, job etc Lily thomas vs UO! - ‘© To decriminalize politics (If 2 year or more sentence than loose membership) Vishaka vs State of Rajasthan (1997) - ‘© Series of guidelines to prevent the sexual harrassment at workplace ‘SR Bommai vs UO! 1994 - ‘To curb the blatant misuse of A 366 by laying down guidelines Navtez singh johar vs UO! - ‘* Scrapped section 377 OF IPC Shreya Singhal vs Uol (2015) - ‘© Struck down section 66A of the IT act (Vague and arbitrary terms used) and paved way for Online free speech against misuse for personal and political causes [twas a PIL case ‘Right to freedom of expression has extended to digital communication ‘* However stil these "Zombie Provisions” are used in many FIRS - 745 FIRs pending Third judges case - ‘© Chief justice opinion constitutes consultation with 4 senior most judges on judicial appointment and transfers ‘AK Gopaian vs State of Madras - ‘* Safeguards against misuse of preventive detention LIC of India case - ‘* Preamble is integral part of the constitution M, Nagraj Vs UO! judgement 2016 - ‘© To give quota in promotion show evidence that - © Community is backward and not adequately representated © Reservation would not affect the overall efficiency of the public office Krishna kumar singh vs state of Bihar - ‘© Ordinance is not parallel source of law making and hence tabling it in the front of legislator is mandatory obligation of the govt DAY college trust case 2019 - ‘© NGOs receiving considerable financing from government are public authority and hence come under RTI C@® 9352179495 ©Qeconnectkas (© @ConnectCivils 2S: https:#/connectcivils.com Project VIP 20. 24 22. 23, 24, 26. 26. 27. 28. 29. 30. 34 33, 34, 36, ‘Subhash Chandra agrawal case - ‘* Culis public authority and comes under RTI Faheema shirin vs state of kerala - ‘© Kerala HC declared right to internet as FR ‘* SC reiterated the same when a plea fled against internet blockage in J&K Hadiya case - ‘* Sc stated that Right to marry person of one's choice is integral to life and liberty (A-21) K S puttaswamy vs UO! - ‘¢ Right to privacy is FR and protected under A 14, 19 and 21 Shayra bano vs Uol - '* Triple talag (Instantaneous one) is unconstitutional by a multifaith 5 judges bench '* Although 2 judges gave dissent citing Article 25 (Freedom of religion), however other said that it was not an integral part of Islam and hence open to be challenged ‘Aadhar verdict by SC - ‘* Upheld the validity of Aadhar as dignity to marginalized outweights privacy issue in the larger public interest ‘* However struck down some provisions in the act ike section 57 which allows private entity to use Aadhar for verification purpose ‘Sabrimala judgement - ‘* Allowed woman of all age to enter in the temple premise ‘© This faith was not essential part of religion and such a restriction was violation of A 25 ‘* One of the judge said - Patriarchy of religion cant be permitted to trump over faith Babita puniya vs ministry of defense - = Permanent commissioning of women in armed forces m= Judgment cited Article 14, 15(1) and 16(1) Kedar nath singh Vs State of Bihar - '* Any strong speech or writing, no matter how harsh is criticism can't be declared seditious. Ifit incites violence or create public disturbance, then it should be counted as seditious ‘* Question on territorial integrity, sovereignty or India, demand for secession etc are amounted to sedition ‘ADR vs UO! 2002 - ‘* Sc declared that people has right to know about candidates criminal history, pending cases, assets and liabilities and educational background Lok Prahari vs UO! 2018 - '* Candidate need to declare the source of income of self and his/her dependent Prakash singh Vs UO! - ‘* SC directed central and state government for operational reform and functional autonomy * Constitute a SSC and NSC (Security commission) to shortlist candidates for chief posts , police establishment board, police complaint authority, Minimum tenure of 2 year for DGP, Separate investigating police from law and order Kihoto holohan case - ‘* Speaker has the power to decide on the case of disqualification of a member ‘Samatha vs state of AP - ‘* AP high court directed that Govt does not have power to lease tribal land to non tribal for mining purpose Rajnarayan Vs Sate of Bihar - ‘* First time stated that RTI derives i's power from the right to freedom of expression D K Basu vs State of West Bengal ‘* SC has extended right to life and personal liberty under A21 to right against torture C@® 9352179495 ©Qeconnectkas (© @ConnectCivils https://conneeteivils.com Project VIP *G; Election Commission of India ‘* Part XV (Article 324-329) of the Indian Constitution: It deals with elections and establishes a commission for these matters. ‘* Article 324: Superintendence, direction and control of elections to be vested in an Election Commission. ‘The CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Bill, 2023 - ‘* Itaimed to reform the appointment process for the Chief Election Commissioner (CEC) and Election Commissioners (ECs), ensuring greater transparency and, independence of the Election Commission of India (ECI). '* Background: © The Bill arose from a Supreme Court judgement in March 2023, which declared that the existing appointment process, solely based on the discretion of the Executive, was unconstitutional © The Court mandated a more transparent and inclusive process, paving the way for the Bill's creation ‘* Appointment Process: © The CEC and ECs will be appointed by the President of India upon the recommendation of a Selection Committee. © The Committee will comprise the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in the Lok Sabha. © This ensures a balance between political representation and executive oversight. © The Bill also establishes a Search Committee headed by the Cabinet Secretary to recommend a panel of potential candidates for consideration by the Selection Committee. ‘* Removal of CEC and ECs: © The Bill retains the existing constitutional provisions for the removal of the CEC and ECs, similar to that of Supreme Court judges. '* The Bill was passed by both houses of Parliament and received Presidential assent in October 2023, ‘* Itis now officially the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Comptroller and Auditor General '* Under Article 148, The Constitution of India provides for an independent office of the Comptroller and Auditor General of India (CAG). © Article 149 © Duties and powers to be determined by Parliament © Article 150 © Form of accounts of union and states: The accounts of the union and of the states shall be kept in such form as the President may, on the advice of the CAG, prescribe. © Article 151 © Reports of CAG: The reports of the CAG relating to the accounts of the union shall be submitted to the President, who shall cause them to be laid before each House of Parliament Union Public Service ‘Commission Article 315: ‘© Constitution of Public Service Commissions (PSC) for the Union and for the States of India. Article 316: ‘¢ Appointment and term of office of members of UPSC as well as SPSC. Article 317: ‘¢ Removal and suspension of a member of both the UPSC or SPSC. Article 318: ‘© Power to make regulations for the conditions of service of members and staff of the Commission C@® 9352179498 (4) @ConnectRAS Co @ConnectCivils https://conneeteivils.com Project VIP *G; NITI Aayog ‘* Planning Commission was replaced by a new institution — NITI Aayog on January 1, 2015 '* Chairperson: Prime Minister ‘* Documents Published by NITI Aayog © Three-Year Action Agenda © Seven Year Strategy and © Fifteen-Year Vision + Keywords © Cooperative federalism © Bottom-up approach '* Index published - © School Education Quality Index, State Health Index, Composite Water Management index, Sustainable Development Goals Index, India Innovation Index and Export Competitiveness Index ‘* Vice Chairperson: Suman Bery. © Chief Executive Officer (CEO): B. V. R. Subrahmanyam Central Vigilance ‘* The CVC was set up on the recommendations of the Committee on Prevention of ‘Commission Corruption (K. Santhanam Committee) in 1964. ‘* Itwas given statutory status through CVC Act 2003 ferent acts which gives CVS power to investigate ‘* Prevention of Corruption Act,1988: Under the Act, CVC oversees corruption investigations in government agencies. It has the authority to recommend matters to the Central Vigilance Officer (CVO) in each department or to the Central Bureau of Investigation (CBI), ‘* CVC Act 2003: The Act provides for the jurisdiction of the CVC with regard to vigilance administration, ‘* Lokpal and Lokayukta Act 2013: Under the Act, the CVC has been empowered to conduct a preliminary inquiry into complaints referred by Lokpal in respect of officers, and officials of Groups A, B, C, and D '* Whistleblower Protection Act 2014: It provides for the protection of the identity of the whistleblowers.Under the Act, a person can make a public interest disclosure on corruption before the CVC. National Human Rights | © Protection of Human Rights Act (PHRA), 1993. ‘Commission «© tis established in conformity with the Paris Principles (1991), adopted at the first international workshop on national institutions for the protection of human rights ‘© The Protection of Human Rights (Amendment) Act, 2019 - ‘© Aperson who has been a Judge of the Supreme Court is also made eligible to be appointed as Chairperson of the Commission in addition to the person who has been the Chief Justice of India © Increased the Members of the Commission from two to three of which, one shall be a woman; © Included Chairperson of the National Commission for Backward Classes, Chairperson of the National Commission for Protection of Child Rights and the Chief Commissioner for Persons with Disabilities as deemed Members of the Commission; © Reduced the term of the Chairperson and Members of the Commission and the State Commissions from five to three years and shall be eligible for re-appointment; © Provided that a person who has been a Judge of a High Court is also made eligible to be appointed as Chairperson of the State Commission in addition to the person who has been the Chief Justice of the High Court; Central Information | © Right to Information Act (2005) ‘Commission © CIC is a statutory body constituted under section 12 of the Right to Information ‘Act, 2005, © Receive and inquire into complaints from any citizen (Section 18 of the RTI ‘Act, 2005), © To receive and decide upon the second appeal from any citizen (Section 19 of the RTI Act, 2005) ‘* RTI Amendments Act 2019 © Term: The term of Chief Information Commissioner and Information Commissioner shall be prescribed by the Central Government © The term of State Chief Information Commissioner and Information C@® 9352179495 ©Qeconnectkas (© @ConnectCivils +S> hitos://connecteivils.com Project vip °G} Commissioner shall also be prescribed by the Central Government. © Salary, Allowances, and Services Conditions: These shall now be prescribed by the Central Government © Salary, Allowances, and Services Conditions of the State Chief Information Commissioner and Information Commissioner shall also be prescribed by the Central Government Pya “Ensverate lou yous on which a member of Unon Pubic eric Common can be rrved ye Preset de. ow reat a er ae A ee a Se Re ea sare! Legal Caste - ‘Article 330 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People Article 332 - Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States * Article 2430 - Seats are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) at all three levels of the Panchayati Raj System Religion - ‘Article 27: prohibits the use of public funds to promote any specific religion or religious activities © Communal politics ‘© Separate electorate in Gol act 1909 for Muslims ‘In Gol Act 1919, This was extended to other religious minorities ‘© Gandhi was reluctant to give separate electorates to scheduled castes. But Ambedkar insisted for separate electorate for scheduled caste. Separate electorate was replaced by reservation ‘© Muslim Women’s (Protection of Rights and Divorce Bill) in 1985 by Congress govt [Shah Bano Case] Language - ‘¢ The Representation of the People Act, 1951, govems the conduct of elections in India. It prohibits the use of religion, caste, or language for election campaigns, ‘The States Reorganisation Act of 1956 - Reorganized India’s states and territories along linguistic lines. ‘©. Separation of Andhra from Tamil nadu [Potti Sreeramulu hunger strike] Gender ‘¢ Article 2430 of the Constitution - Minimum 1/3rd reservation to women in local bodies ©. States like Rajasthan, Bihar have 50% reservation © 106th constitutional amendment Act - To reserve one-third of the seats in the Lok Sabha (330A) and state legislative assemblies (332A) Organizations | Caste - ‘¢ AJGAR Alliance in UP - Ahirs, Jatsb Gugars and Rajputs © KHAM Allaince in Gujarat - Ksliatriyas, Hariians, Adivasis and Muslims C@® 9352179495 ©Qeconnectkas (© @ConnectCivils

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