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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.
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© 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
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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
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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
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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
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© 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 :
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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
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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
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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
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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
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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
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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
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