7. IMPORTANT 8.2.

Right to Information (RTI) ___________ 65

CONSTITUTIONAL/STATUTORY/ EXECUTIVE 8.3. Aadhaar__________________________ 67
BODIES IN NEWS ____________________ 59
8.4. Regulation of Online Gaming _________ 68
7.1. Lokpal __________________________ 59
8.5. Consumer Protection in India ________ 69
7.2. Delimitation Commission ___________ 60
8.6. Guidelines for Celebrities, Influencers, and
7.3. Directorate of Enforcement _________ 60 Virtual Influencer ______________________ 70
7.4. Central Bureau of Investigation (CBI) __ 60 8.7. Scheduled Tribes and Other Traditional
7.5. National Cadet Corps (NCC) _________ 61 Forest Dwellers (Recognition of Forest Rights)
Act, 2006 ____________________________ 70
7.6. Other Important News _____________ 63
8.8. Other Important News ______________ 71
8. IMPORTANT ASPECTS OF GOVERNANCE 65
8.1. Mission Karmayogi ________________ 65

Classroom Study Material

(April 2023 to December 2023)
 

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POLITY AND GOVERNANCE 1. ISSUES RELATED TO THE CONSTITUTION

Table of Contents 1.1. BASIC STRUCTURE DOCTRINE
1. ISSUES RELATED TO THE CONSTITUTION 4 4.1. Judicial appointment _______________ 31 Why in the news?
4.1.1. All India Judicial Services (AIJS) ________ 32
1.1. Basic Structure Doctrine _____________ 4 The landmark Kesavananda Bharati
1.1.1. Independence of District Judiciary: Basic 4.2. Legal Aid _________________________ 32 judgement, 1973 which propounded
Structure _______________________________ 5 the basic structure doctrine completed
4.3. Mediation Act, 2023 ________________ 33
50 years.
1.2. Abrogation of Article 370 ____________ 5 4.3.1. Lok Adalats ________________________ 35
About the Kesavananda Bharati Case,
1.3. National Capital Territory of Delhi 4.4. Model Prisons Act 2023 _____________ 35
1973
(Amendment) Act, 2023 _________________ 6 4.5. Other Important News ______________ 37
• It dealt with a petition against the
1.4. Preventive Detention _______________ 7 compulsory acquisition of land by
5. ELECTIONS ________________________ 40
1.5. Personality Rights __________________ 9 the Kerala government under the
5.1. Chief Election Commissioner and other Kerala Land Reforms Act 1963, as a
1.6. Hate Speech _______________________ 9 Election Commissioners Act, 2023 ________ 40 violation of Fundamental Rights
1.7. Places of Worship Act, 1991 _________ 11 5.2. Aspects of Election Process and Reform 41 (FRs) under Articles 25, 26 and 31
of the Constitution.
1.8. Other Important News _____________ 12 5.3. Simultaneous Elections _____________ 42 • The case was heard by the largest
2. FUNCTIONING OF PARLIAMENT, STATE 5.4. Criminalization of Politics____________ 42 ever bench (i.e. 13 Judges’ Bench)
LEGISLATURE/LOCAL GOVERNMENT ____ 14 of the Supreme Court (SC).
5.5. Electoral Funding __________________ 43 • Key Outcomes
2.1. No-confidence Motion _____________ 14 5.6. Other Important News ______________ 44 o Introduction of Basic
2.2. Parliamentary Privileges of Lawmakers 14 Structure Doctrine: Upholding
6. IMPORTANT LEGISLATIONS/BILLS _____ 47 the validity of the 24th
2.2.1. Expulsion of Lawmakers _____________ 16
6.1. Nari Shakti Vandan [Constitution (106th Constitutional amendment
2.3. Anti-defection law_________________ 17 the SC held that Parliament
Amendment)] Act, 2023 ________________ 47
2.4. Ordinance making power of President and had the power to amend any or
6.2. Multi-State Co-operative Societies all provisions of the Constitution (including FRs).
Governor ____________________________ 18
(Amendment) Act, 2023 ________________ 47 ✓ However, such amendments should not alter, damage or destroy the essential features or the
2.5. Secretariat of the Parliament ________ 19 Basic Structure of the Constitution. Some Principles that are presently part of the
6.3. Cinematograph (Amendment) Act, 2023 48
6.3.1. OTT Regulation in India ______________ 49 ✓ Earlier in Golak Nath case (1967), the ‘Basic Structure.’
2.6. Democratic Decentralisation in India __ 19
Supreme Court held that the power to • Sovereignty of India
2.6.1. Finances of Panchayati Raj Institutions (PRIs)
6.4. Digital Personal Data Protection Act 202350 amend the Constitution under Article 368 • Essential features of the individual freedoms
______________________________________ 20
6.4.1. Digital Services Act __________________ 52 was not unlimited and that the FRs
2.6.2. Capacity Building of Urban Local Bodies (ULB) secured to the Citizens
guaranteed under the Constitution could
______________________________________ 21 6.5. Criminal Law Reform Acts ___________ 52 • Mandate to build a welfare State
not be abrogated or abridged by a
2.7. Panchayats (Extension to the Scheduled
6.5.1. Bharatiya Nyaya Sanhita 2023 _________ 52 • Supremacy of the Constitution
constitutional amendment.
Areas) Act, 1996 ______________________ 22
6.5.2. Bharatiya Nagarik Suraksha Sanhita 2023 53 • Republican and democratic form of
6.5.3. Bharatiya Sakshya Adhiniyam 2023 _____ 53 o Power of Judicial review: The court held that
government
2.8. Other Important News _____________ 23 the power of judicial review is an integral part of
6.6. Registration of Birth and Death the basic structure of the Constitution. • Secular and federal character of the
3. CENTRE-STATE RELATIONS __________ 26 (Amendment) Act, 2023 ________________ 54 o Other judgments: SC upheld the 25th and 29th Constitution

6.7. Press and Registration of Periodicals Act, Constitutional Amendments except for the • Separation of powers between the legislature,
3.1. Role of Governor __________________ 26 executive and the judiciary
2023 ________________________________ 55 parts that curtailed its power of judicial review
3.2. Cooperative Federalism ____________ 27 and asserted that the Preamble is a part of the • Unity and integrity of the nation
6.8. Telecommunications Act 2023 ________ 55 Constitution and hence amendable. • Power of judicial review
3.3. Inter-State Border Disputes _________ 27 6.8.1. Internet Shutdowns _________________ 56 • Harmony and balance between FRs and
About Basic Structure Doctrine DPSPs
3.4. Inter-State Water Disputes __________ 29 6.9. Other Important News ______________ 57
• It holds that certain fundamental features of the Constitution, cannot be amended or abrogated by the
4. JUDICIARY _______________________ 31 Parliament.

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 • There is no mention of the term “Basic Structure” anywhere in the Constitution of India. • Disposal of matters by Ministers: Certain matters must be submitted to the LG by the ministers of the Delhi
• Significance of the doctrine Government, through the Chief Minister and the Chief Secretary, for his/her opinion prior to the issue of any
o Check on the power of the Parliament to amend the Constitution. order. These include proposals affecting:
o Ensures that the Constitution remains a living document that is responsive to changing times while o The peace and tranquillity of Delhi,
preserving its fundamental values and principles. o Relations between the Delhi government and the central government, Supreme Court, or other state
o Laid down several principles that have become the bedrock of constitutional law in India such as governments,
the rule of law, separation of powers, and the independence of the judiciary. o Summoning, prorogation, and dissolution of the Legislative Assembly, and
o Ensures that the federal structure of the Constitution is not undermined. o Matters on which LG is to give an order in his sole discretion.
o Shapes the judiciary's approach to constitutional interpretation.
The governance model of
1.1.1. INDEPENDENCE OF DISTRICT JUDICIARY: BASIC STRUCTURE Delhi NCT
• Classification as a Union
Why in the News?
Territory (UT): Under the
Supreme Court (SC) in the All India Judges Association v. States’ Reorganization Act
Union of India case stated that the District judiciary’s of 1956, Delhi was
independence is part of the basic structure. classified as a UT,
More in the news governed under Article 239
of the Constitution.
• It also highlighted other principles: o It states that UTs are
o Integration in terms of pay, pension and other directly governed by
service conditions between District Judiciary, the President, or an
High Courts and SC. administrator
o Separation of Power: Officers of the judiciary appointed by the
should be treated separately from staff of President.
legislative and executive wings. • Special Status: Following
o Unified judiciary: Service conditions of judges for the recommendations of
similar posts are equivalent across states. the S. Balakrishnan
District Judiciary Committee, the 69th Constitutional Amendment Act of 1991 conferred special status on Delhi and
designated it as the National Capital Territory of Delhi (NCTD).
• The district judge is the highest judicial authority in the district. o It added Article 239AA to the Constitution and made Delhi a UT with a legislature and a council of
• Organisational structure, jurisdiction and nomenclature of subordinate judiciary are laid down by ministers.
states. Hence, they differ slightly from state to state (Broadly three tiers below the high court) o The Lieutenant Governor (LG) is designated as the administrator of Delhi, operating with the aid and
• Appointment, posting and promotion of district judges are made by the governor of the state in advice of the council of ministers of Delhi.
consultation with the High Court. • Powers of Delhi Legislature: The Delhi Legislative Assembly has the power to legislate over subjects in
the State List and Concurrent List, except for police, public order, and land.
1.2. ABROGATION OF ARTICLE 370 o Also, Parliament can legislate over all matters in the State and Concurrent Lists related to Delhi.
• GNCTD Act: The Government of National Capital Territory of Delhi (GNCTD) Act, 1991 lays down the
Why in the news?
framework for the functioning of the Delhi Assembly and the Delhi government.
A Constitution Bench of the Supreme Court recently upheld the validity of the Union Government's 2019
decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. 1.4. PREVENTIVE DETENTION
More on the news Why in the news?
• On August 5th 2019, the President of India promulgated an order- ‘Constitution (Application to Jammu and SC, while setting aside a detention order observed preventive detention laws are a colonial legacy and they must
Kashmir) Order, 2019’, which stated that provisions of the Indian Constitution are applicable in the State. be used only in the rarest of rare cases.
o Parliament also enacted the Jammu and Kashmir Reorganization Act 2019 which bifurcated the State About Preventive detention
into two Union Territories (UTs).
• Preventive detention means detention of a person without trial and conviction by a court, on a mere
• The petitioners had challenged the constitutionality of these actions of the Union. reasonable apprehension of him doing an activity dangerous to public order.
The Judgment o Its purpose is to prevent the person from committing an offence in the near future.
• Protection against arrest and detention under Articles 22 (1) and 22 (2) is not available to a person
• Upholding the presidential proclamations of August 2019, the SC held that J&K did not retain any
arrested or detained under preventive detention laws (Article 22(3)).
element of sovereignty after it acceded to India in 1947.
• Parliament has exclusive authority to make a law of preventive detention for reasons connected with the
• SC held that Article 370 is a temporary, transitional provision.
defence, foreign affairs and security of India.
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• The court held that a UT can be carved out of a State. • Both Parliament, as well as state legislatures, can concurrently make a law for reasons connected with
o Parliament may by law "form a new State by separation of territory from any State or by uniting two the Security of a state, Maintenance of public order and Maintenance of supplies and services.
or more States or parts of States or by uniting any territory to a part of any State". o Multiple laws such as the Code of Criminal Procedure, Narcotic Drug and Psychotropic Substance Act
o According to Explanation 1 to Article 3, the word "State", as used in Article 3(a), includes a Union (NDPS) 1985, Unlawful Activities (Prevention) Act etc. permit Preventive Detention.
territory.
• Relying on the judgment in S R Bommai’s case, SC held that ‘actions of President during a State
emergency were open to judicial scrutiny’.
Article 370: A Historical Context
• Instrument of Accession (IoA): In October 1947, Maharaja Hari Singh, the last ruler of J&K signed the IoA
through which he agreed to accede his state to the Dominion of India.
• Temporary provisions for J&K: Under the Constitution, Article 370 was placed in Part XXI, titled
“Temporary and Transitional provisions”.
• Article 370: Except for defence, foreign affairs, finance and communications, Parliament needed the state
government’s concurrence for applying all other laws.
• Article 35A of the Indian Constitution: It stemmed out of Article 370 and gave powers to the J&K Assembly
to define permanent residents of the state, their special rights, and privileges.
Article 3
• It provides that Parliament may by law form new states and alter of areas, boundaries or names of
existing States.
• First Proviso to the article states that bill for above law,
o Shall be introduced in either House of Parliament on the recommendation of the President.
o If the bill affects the area, boundaries or name of any State, the President must refer the bill to
that State Legislature for its views.

1.3. NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT,

2023
Why in the news?
Recently, the Government of National Capital Territory of Delhi
(NCTD) (Amendment) Act 2023 received the assent of the
President.
Key highlights of the NCTD (Amendment) Act 2023
• National Capital Civil Services Authority (NCCSA): It
creates a new statutory authority NCCSA – to make
recommendations to Lieutenant Governor (LG) regarding
transfer posting, vigilance and other incidental matters.
o NCCSA shall be decided matters by the majority of
votes of the members present and voting.
o The central government will appoint both the Principal Secretary and Chief Secretary.
• Powers of the LG: Matters where the LG may act solely on his discretion are:
o Matters outside the legislative competence of the Delhi Legislative Assembly but which have been
delegated to the LG, or
o Matters where he/she is required by law to act in his discretion or exercise any judicial or quasi-judicial
functions.
• Primacy to LG: It expands the discretionary role of the LG by giving him powers to approve the
recommendations of the NCCSA or return them for reconsideration.
o The LG's decision will be final in the case of a difference of opinion between him and the Authority.

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 • Representation of People Act, 1951:
1.5. PERSONALITY RIGHTS
o Section 8 disqualifies a person from contesting an election if he is convicted for indulging in acts
Why in the News? amounting to illegitimate use of freedom of speech and expression.
o Section 123(3A) and section 125 prohibit the promotion of enmity on the grounds of religion, race,
Recently, Delhi High Court granted protection to a famous Bollywood actor’s personality rights from misuse by caste, community or
third parties. language in connection
About Personality Rights with election as a
corrupt electoral
• Personality rights refer to the right of a person to protect his/her personality under the right to privacy or practice.
property.
• Protection of Civil Rights
o It includes name, voice, signature, images or any other feature easily identified as markers of
Act, 1955:
personality.
o Section 7 penalises
Personality Rights in India incitement to and
encouragement of
• Personality rights or their protection are not expressly mentioned in any statute in India but are traced to
untouchability through
fall under the right to privacy and the right to property.
words, either spoken or
• Two Components of Personality Rights written or by signs,
o Right to publicity: Right to keep one’s image and likeness from being commercially exploited without visible representations,
permission. or otherwise.
✓ It is governed by statutes like the Trade Marks Act, of 1999 and the Copyright Act, of 1957.
• Religious Institutions
o Right to privacy: Right to not have one’s personality represented publicly without permission.
(Prevention of Misuse) Act,
✓ It is broadly governed under Article 21 of the Constitution and the Supreme Court judgment in
1988:
Justice K.S. Puttaswamy (Retd.) Case (2018).
o Section 3(g) prohibits
Posthumous Personality Rights religious institutions or their managers from using religious premises to promote disharmony or
hatred among various religious groups.
• Emblems and Names (Prevention of Improper Use) Act, 1950: Protects unauthorized use of a few
dignitaries’ names and symbols listed in its schedule.
1.7. PLACES OF WORSHIP ACT, 1991
• IPC: If negative reference or derogatory representation is made to any deceased person's reputation or their
family, a defamation suit can be filed under the Indian Penal Code. Why in the News?
Personality rights under international convention The Supreme Court observed that it cannot order a blanket stay on worship act pleas.
• There is no explicit international convention or treaty on protection of the publicity rights to date.
About Places of Worship (Special Provisions) Act, 1991.
• However, certain publicity rights can be derived from the following international conventions:
o Rome Convention (1961): It protects performers’ rights, phonogram producers’ rights and broadcasting • The Act declares that the religious character of a place of worship shall continue to be the same as it was
rights. on August 15, 1947.
o TRIPS Agreement (1994): It secures certain rights of the phonogram producers, live performers and • It says no person shall convert any place of worship of any religious denomination into one of a different
broadcast rights. denomination or section.
o WIPO Performances and Phonograms Treaty (WPPT): It protects the rights of performers and • It also imposes a positive obligation on the State to maintain the religious character of every place of
phonogram producers, particularly in digital environment. worship as it existed at the time of Independence.
• It declares that all suits, appeals or any other proceedings regarding converting the character of a place
of worship, which are pending before any court or authority on August 15, 1947, will abate as soon as the
law comes into force.
• Exemptions provided:
o The disputed site at Ayodhya is exempted from the Act.
o The Act also does not apply to
✓ monuments and sites covered by the Ancient Monuments and Archaeological Sites and Remains
Act, of 1958.
✓ any dispute that has been finally settled or disposed of
✓ any conversion of any such place effected before such commencement by acquiescence.
• Penalty: Section 6 of the Act prescribes a punishment of a maximum of three years imprisonment along
with a fine for contravening the provisions of the Act.

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1.8. OTHER IMPORTANT NEWS

8th • Odisha Cabinet has proposed for the
Schedule of inclusion of Kui language in the 8th
Constitution Schedule.
• Schedule 8 of Indian Constitution:
o It enlists the Official language of
the Country and consists of 22
languages currently.
o 14 languages were originally listed
in the Constitution and the rest were
added over time.
o Sindhi was introduced by the 21st
Amendment Act of 1967, Konkani,
Manipuri, and Nepali by the 71st
Amendment Act of 1992, and
Santali, Dogri, Maithili, and Bodo
by the 92nd Amendment Act of 2003.
9th • It was added to Constitution by 1st Constitutional Amendment (1951) under Article
schedule of 31B.
the • Central and state laws included in 9th schedule cannot be challenged in courts for
Constitution violation of Fundamental Rights.
• However, Supreme Court in I R Coelho v State of Tamil Nadu (2007), ruled that any law
added to 9th Schedule after April 24, 1973, violating fundamental rights can be
challenged if:
o It undermines the basic structure, as outlined in Article 21 along with Articles 14
and 19.
Right to • Supreme Court said that all accused have a right to silence, and investigators cannot
Silence force them to speak up or admit guilt.
• Right to silence emanates from Article 20(3), which states that no one can be
1.6. HATE SPEECH compelled to be a witness against himself.
o Protection is limited only to criminal proceedings.
Why in the news? o Right is not available to a person being interrogated under Customs Act, 1962, or
Recently, the Supreme Court stressed the need for stakeholders to find a long-term solution to the problem of Foreign Exchange Management Act, 1999, since the person is not “accused of an
hate speech. offence” and isn’t entitled to a lawyer.
o In Nandini Satpathy v. P.L. Dani case, SC stated that compelling a person to answer
About Hate Speech
a question within the limits of the police station may result in a violation of Article
• Hate speech has not been defined in any law in India. 20(3).
o However, hate speech generally refers to incitement to hatred primarily against a group of persons. Reservation • Punjab and Haryana High Court quashed Haryana State Employment of Local
• Hate speech can be conveyed through any form of expression, including images, cartoons, memes, objects, for locals in Candidates Act, 2020.
gestures and symbols and it can be disseminated offline or online. private o Act provided 75% reservation to locals in private sector jobs (having monthly salary
sector of less than Rs. 30,000).
Regulation of Hate Speech in India
• HC declared it unconstitutional and violative of Part III (Fundamental rights) of the
• Constitutional provision: Hate speech can be curtailed under Article 19(2) on the grounds of public order, Constitution of India.
incitement to offence and security of the State. o It also said that Act violates Constitutional Morality.
• Bharatiya Nyaya Sanhita, 2023: ✓ Constitutional Morality refers to adherence to the fundamental principles of
o Section 196 (1) penalises promoting enmity between different groups on grounds of religion, race, the constitution.
place of birth, residence, language, etc. o It said State cannot discriminate against the individuals on account of the fact that
o Section 299 defines punishment for deliberate and malicious acts intended to outrage the religious they do not belong to a certain State (negative discrimination).
feelings of any class. • Other States like Andhra Pradesh (2019) have also enacted similar acts.
o Section 353 (1) and (2) penalise the publication or circulation of any statement, rumour or report
causing public mischief and enmity, hatred or ill-will between classes.
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 Affirmative • Affirmative Action means positive action/discrimination which was introduced in US o It upheld legal immunity granted to legislators against criminal prosecution on bribery charges for
Action to counter historical patterns of prejudice against individuals with certain identities any speech or vote in Parliament as per Articles 105(2) and 194(2) of the Constitution.
e.g. Black, Hispanic and other minority students. About Parliamentary Privileges
• Reservation is a system of affirmative action in India that provides historically
disadvantaged groups representation in education, employment, government • It refers to legal immunity, wherein legislators are granted protection against civil or criminal liability
schemes, scholarships, and politics. for certain actions or statements made in the course of their legislative duties.
o Article 15(4) and 16(4) allows the government to provide for reservation. o If an individual or authority undermines a parliamentary privilege of a member or the House, it is
o Reservation Quota fixed at 50% (Indra Swahney judgement) for OBC, SC & ST in called a ‘Breach of privilege’.
both employment and education. • Parliament, till now, has not made any special law to exhaustively codify all the privileges.
Ranganath • About Ranganath Mishra Commission • Parliament is the sole authority to ascertain if there has been a breach or contempt of the House— no
Mishra o It is officially known as National Commission for Religious and Linguistic court is entrusted with this power.
Commission Minorities. o A member of the House can raise a question involving a breach of privilege with the consent of the
o It was constituted to look into various issues related to linguistic and religious Chairman or Speaker.
minorities in the country. Privileges are based on five sources.
o Report by Commission (2007) recommended that Scheduled caste status be
completely delinked from religion and be made religion neutral like STs. • Constitutional provisions
o It had recommended permitting Dalits who converted to Islam and Christianity to o Article 105: Powers and privileges of both
avail Scheduled Caste status. Houses of Parliament and its members
Article 355 • Article 355 is a part of emergency provisions contained in Part XVIII of the Constitution and committees.
(from Article 352 to 360). o Article 194: Powers, privileges and
o Article 355 says that ‘It shall be the duty of Union to protect every State against immunities of State legislatures and
external aggression and internal disturbance and to ensure that Government of their members and committees.
every State is carried on in accordance with provisions of this Constitution. o Article 105(2): No person shall be liable in
Right To • Punjab has become the first state to implement the 'right to walk'. respect of the publication of any report,
Walk • Right to walk make it mandatory for all road-owning agencies, including the NHAI, to paper, votes or proceedings by or under
provide footpaths and cycle tracks on the road. the authority of either House of
Parliament.
✓ A similar provision exists for Members
of the Legislature of a State under
Article 194(2).
o Freedom of Speech in Parliament: Article
105(2) states that “No member is liable to
any proceedings in any court for anything
said or any vote given by him in Parliament
or its committees”.
✓ This freedom is subject to the
provisions of the Constitution (E.g.
Article 121 restricts members from
discussing judges’ conduct) and to the rules and procedures of the parliament, under Article 118.
o Article 122: Restricts the courts from inquiring into the validity of any proceeding of Parliament on the
grounds of alleged irregularity of procedure. Privilege Committee
• Laws made by Parliament. • It is a parliamentary standing committee
o Freedom from Arrest: Code of Civil present in both Houses of Parliament.
Procedure, 1908 provides legislators freedom o Consists of 15 members in Lok
from arrest in any civil case 40 days before Sabha (10 in case of Rajya
and after the adjournment of the house and Sabha) nominated by the
also during the session of the house. Speaker (Chairman in case of Rajya
✓ However, an MP doesn’t enjoy any such Sabha).
immunity in a criminal case.
• Key Function: Investigate questions
• Rules of both the Houses involving the breach of privileges of House or
o Privileges based on Rules of Procedure and members, as referred to it by presiding officer
precedents: Parliament reserves the right to of Houses.

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receive immediate information of the arrest, detention, conviction, imprisonment, and release of a
2. FUNCTIONING OF PARLIAMENT, STATE member on a criminal charge or for a criminal offence.
Right to Exclude Strangers: House has the power and right to exclude strangers from the
LEGISLATURE/LOCAL GOVERNMENT o
proceedings. This right is essential for securing free and fair discussion in the house.
• Other Sources: Parliamentary conventions and judicial interpretations.
2.1. NO-CONFIDENCE MOTION
Contempt of the House
Why in the news? • Contempt of the House is different from Breach of privilege.
Union government faced a no-confidence motion in the Monsoon session of the parliament. • It is an act or omission which obstructs or has the tendency to obstruct either House of Parliament
or its members/officials, in the performance of their functions.
About No Confidence motion
• Parliament is the sole authority to ascertain if there has been a breach or contempt of the House—
• No-confidence motion: A legislative resolution introduced in the Lok Sabha that allows the Opposition no court is entrusted with this power.
to challenge the government's majority. o House can commit an offender to custody or prison for contempt for the period limited to the
o If a No-confidence motion is passed, the Government of the day will have to resign. duration of the House session.
o The motion of No-Confidence can only be moved in Lok Sabha. o In case if an MP is found guilty, he can be suspended from the House or face expulsion.
• Constitutional articles/rules of business in Lok Sabha
o Article 75(3): The Council of Ministers are collectively responsible to the Lok Sabha. 2.2.1. EXPULSION OF LAWMAKERS
✓ Similarly, at state level Article 164 (2) provides that Council of Ministers shall be collectively Why in the news?
responsible to the State Legislative Assembly. Ethics committee of Lok sabha
o Rule 198 of Rules of Procedure and Conduct of Business in Lok Sabha provides a provision regarding Recently, Lok Sabha has expelled one of its • It consists of not more than 15 Members
the motion of No Confidence. members accused of accepting gifts and illegal nominated by the Speaker and shall hold office
• Grounds: A Motion of No-confidence need not set out any grounds on which it is based. gratification, based on the Ethics Committee report. for a term not exceeding one year.
• Speeches: Unless leave is granted by the House to move the motion, no speech is permitted in support Expulsion of Lawmakers in India • Functions:
of the motion. o To examine a complaint relating to the
It can be done on a constitutional as well as legal
• Repeat Motion: After a No-confidence Motion has been discussed and negated by the House, another No- unethical conduct of a member referred to it
(Rules of the house) basis.
confidence Motion cannot be moved in the same Session. by the Speaker.
• The constitutional basis of expulsion: An MP o Make recommendations and formulate a
found guilty of breach of privileges or code of conduct for Members.
contempt of the house can be suspended from o Suggest amendments to the code of conduct.
the house or face expulsion. • The First Ethics Committee of Lok Sabha was set
o A simple majority is needed to pass a up in 2000 and of Rajya sabha in 1997.
motion for expulsion in each house.
o Further involvement of the Ethics committee is not always necessary for expulsion.
• Legal basis of suspension and expulsions of MPs:
o To ensure smooth proceedings and maintain order, the Presiding Officer of the House has the power
to force a Member to withdraw from the House.
o In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are
unfit for membership.”
Rules of Procedure and Conduct of Business related to Suspension in LS and RS
Rules in LS Rules in RS
Rule 373: It empowers a presiding officer to order an Rule 255: It allows the Chairman to direct any
MP to withdraw during the remainder of the day’s Member to withdraw immediately from the
sitting. House for disorderly conduct.
2.2. PARLIAMENTARY PRIVILEGES OF LAWMAKERS Rule 374: Allows to suspend the MP for a period not Rule 256: House may adopt a motion suspending
Why in the news? exceeding the remainder of the session. the Member, disregarding chair’s authority or
abusing the rules, for a period not exceeding the
Recently, the Supreme Court set up a seven-judge bench headed by the Chief Justice of India for remainder of the session.
reconsideration of its 1998 judgement in the P V Narasimha Rao case. Rule 374A: brought in 2001 allows the Speaker to Unlike the Lok Sabha (under rule 374A), the Rajya
More on the news name an MP, who will then automatically stand Sabha cannot suspend its members without
suspended for five days or the remaining part of the passing a motion.
• P V Narasimha Rao case Judgement came in the backdrop of the 1993 Jharkhand Mukti Morcha bribery session, whichever is less.
case.

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 • Article 122 of the Indian Constitution says parliamentary proceedings (including those related to
2.5. SECRETARIAT OF THE PARLIAMENT
expulsion) can’t be questioned by the judiciary, although the courts have intervened in some cases.
o In the Raja Rampal case (2007), the Court upheld the expulsion of Raja Ram Pal but noted that Why in the News?
proceedings tainted by substantial illegality are open to judicial scrutiny.
As the Parliament completes 75 years, the Parliament secretariat has been the custodian of procedure,
• Expulsion and disqualification are not the same. The Constitution provides for both expulsion and
precedent and legislative knowledge of the two Houses.
disqualification. Under disqualification member of the parliament cannot contest the elections further while
under expulsion he/she can. Constitutional provisions
• Disqualification of a lawmaker
• Article 98: Each House of Parliament shall have a separate secretarial staff.
o RPA, 1951: Under Section 8(4), a lawmaker is disqualified for the period of imprisonment and a further
o Parliament may by law regulate the
six years if sentenced for two years or more in prison.
recruitment, and the conditions of
o Tenth Schedule of the Constitution: Provides for the disqualification on grounds of defection.
service of persons appointed, to the
o Articles 102 (1) and 191 (1): For disqualification of a MP and a MLA respectively, on grounds of holding
secretarial staff of either House.
an office of profit, being of unsound mind or insolvent or not having valid citizenship.
✓ However, so far, no such law has
been passed.
2.3. ANTI-DEFECTION LAW o It also allows the creation of posts
Why in the news? common to both the Houses of
Parliament.
Maharashtra Speaker dismissed all petitions seeking the disqualification of MLAs under Anti-defection law.
• Article 187 makes similar provisions for
About Anti-defection Law the Secretariat of State Legislatures.
• Anti-defection law was included under the 10th schedule via the 52nd Amendment Act, of 1985. • 'Council of States Secretariat' and
o Any question regarding disqualification arising out of defection is to be decided by the presiding officer 'Parliament Secretariat' (for House of
of the House. the People) were set up when both
• Disqualification happens if: houses came into existence in 1952.
o A member: o Their names were changed in 1954
✓ voluntarily gives up his party membership, or to Rajya Sabha Secretariat and Lok
✓ votes/abstain to vote in the House contrary to the direction issued by his political party and such Sabha Secretariat respectively.
act has not been condoned by the party within 15 days. • The Secretariat of both houses has been divided into 10 services on a functional basis like Legislative,
o An independent member becomes disqualified if s/he joins any political party after such an election. Executive, Administrative, verbatim reporting services, etc.
o A nominated member becomes disqualified if s/he joins any political party after the expiry of 6 • Speaker and Chairman can create new posts in respective secretariat. However, for posts in Class I or
months from the date on which he takes a seat. Class II, prior consultation with the Union Ministry of Finance is mandatory.
• Exception: Law allows • Secretary-Generals of both houses hold ranks equivalent to that of the Cabinet Secretary.
a political party to o However, in the table of precedence, the Cabinet Secretary is placed at the 11th position, whereas the
merge with or into Secretary, Lok Sabha/ Rajya Sabha are placed at the 23rd position.
another party provided
Structure of the Secretariats
that 2/3rd of its
Lok Sabha Secretariat Rajya Sabha Secretariat
legislators are in
favour. • Speaker (Lok Sabha): Vested with ultimate • Chairman (Rajya Sabha): Vested with
o If a person is elected guidance and control over the secretariat. administrative control over the secretariat.
as speaker of Lok • Administrative Head: Secretary General. • Administrative Head: Secretary General.
Sabha, Deputy • Recruitment and Conditions of Service: • Recruitment and Conditions of Service: Governed
speaker and Deputy Governed by the Lok Sabha Secretariat by the Rajya Sabha Secretariat (Recruitment and
chairman of Rajya (Recruitment and Conditions of Service) Conditions of Service) Rules, 1957 promulgated by
Sabha, then he Rules, 1955 promulgated by the President in the President in consultation with Chairman (similar
could resign from his consultation with Speaker. to Lok Sabha).
party and rejoin the
party once he/she 2.6. DEMOCRATIC DECENTRALISATION IN INDIA
demits the posts.
Why in the news?
• Presently, the Law does not provide a time limit within which the Presiding officers have to decide on the
anti-defection case. The year 2023 marks the 30th anniversary of the 73rd and 74th Amendment to the Indian Constitution.

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About Whip Democratic Decentralisation in India

• Rule 2, of the anti-defection law puts the party members into a bracket of obedience to the party whip
• It refers to the devolution of power, resources and decision-making authority from the central
and policies.
government to local governments, such as panchayats and municipalities.
• In Parliament parlance, a whip may refer to:
• The 73rd and 74th Constitutional Amendment Acts of 1992 that came into force in 1993 introduced
o a written order for party members to follow a certain direction, and
democratic decentralization in India.
o a designated official of the party who is authorised to issue such a direction.
• The term originates from the British practice of "whipping in" lawmakers to follow the party line. 73rd Constitutional Amendment Act, 1992 74th Constitutional Amendment Act, 1992
• Panchayati Raj Institution was constitutionalized • Urban local governments were
2.4. ORDINANCE MAKING POWER OF PRESIDENT AND GOVERNOR through the Act. constitutionalized.
• This act has added a new Part-IX to the Constitution of • It added Part IX -A and consists of
Why in the news? India and consists of provisions from Articles 243 to provisions from Articles 243-P to 243-
A recent analysis showed that the number of ordinances issued by the president has dropped since 2019. 243O. ZG.
In 2022, for the first time in 59 years, no ordinances were promulgated. • It added a new 11th Schedule to the Constitution that • It also added the 12th Schedule to the
contains 29 functional items of the panchayats Constitution that contains 18 functional
Ordinance-making power of the President and Governor
items of Municipalities.
• Ordinances are temporary laws which can be issued by the President when Parliament is not in session. Steps taken to strengthen PRIs in India
o Power to promulgate the Ordinance can be traced from the Indian Councils Act, of 1861, the
Government of India (GoI) Act, 1909, and the GoI Act, of 1935. • Rashtriya Gram Swaraj Abhiyan (RGSA): For developing and strengthening the capacities of PRIs.
• The ordinance is listed under Article 123 (Power of President to promulgate Ordinances during recess of • e-GramSwaraj: A user-friendly web-based portal that unifies the planning, accounting, and monitoring
Parliament) and Article 213 (Power of Governor to promulgate Ordinances during recess of functions of Gram Panchayats.
Legislature). • People’s Plan Campaign (PPC)-Sabki Yojana
o These promulgated ordinances have the same force and effect as an Act of the Legislature, but these Sabka Vikas: To draw up Gram Panchayat
acts are likely in temporary nature. Development Plans (GPDPs).
o Any ordinance ceases to operate at the expiration of 6 weeks from the date when the next session • Backward Regions Grants Fund (BRGF):
starts. Untied funds are given for meeting critical
o If the two Houses start their sessions on different dates, the latter of the dates will be considered. gaps in local infrastructure and
o The ordinance may lapse earlier if the President/Governor withdraws it or if both Houses pass development, in some identified backward
resolutions disapproving it. districts.
o In case of state legislature, resolution disapproving it is passed by the Legislative Assembly and • National Institute of Rural Development and
agreed to by the Legislative Council, if any. Panchayati Raj: An autonomous
o Ordinances can only be issued on matters on which Parliament or Legislature can make laws and organisation under the Ministry of Rural
are subject to the same limitation as Parliament/Legislature to make laws. Development for capacity building of rural
• However, the Governor of a development functionaries, local elected representatives, bankers, NGOs etc.
State cannot make an • National Panchayat Awards: Under this, best performing Panchayats are awarded based on various
ordinance without the criteria and indicators.
reference of the President • SWAMITVA Scheme: Provides the ‘record of rights’ to village household owners and issuance of
in the following cases: property cards to the property owners.
o If bills containing
similar provisions 2.6.1. FINANCES OF PANCHAYATI RAJ INSTITUTIONS (PRIS)
would have required,
Why in the news?
the prior sanction of the
President for Recently, the Reserve Bank of India (RBI) released its report titled “Finances of Panchayati Raj Institutions”.
introduction in the The report discusses the fiscal position of PRIs for the years 2020-21 to 2022-23.
Assembly.
Constitutional Provisions for Financial Empowerment of Panchayats
o If the Governor would
have deemed it • Article 243H: Provides for finance for the Panchayats by securing authorization from State Legislatures for
necessary to reserve a grants-in-aid to the Panchayats from the Consolidated Fund of the State.
bill containing similar o It empowers panchayats to impose, collect, and allocate taxes, duties, tolls, and fees.
provisions for • Article 243-I: Setting up a State Finance Commission (FC) every 5 years to review the financial position of
consideration of the President. Panchayats and make recommendations to improve their financial position.
o If an act of state legislature containing the same provisions would have been invalid without • Article 280(3) (bb): Mandates Central FC to recommend measures needed to augment the Consolidated
receiving the President’s assent. fund of the state and supplement panchayat resources.

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 Sources of Finance for PRIs Role and • GS has roles and responsibilities in approving all development works in village,
Internal/Own • Tax Revenue from Property tax on lands (other than Agriculture Land) or buildings responsibility of identify beneficiaries, issue certificates of utilization of funds; powers to control
sources of or both; Taxes on Duties and Commodities; Service tax; Taxes on Profession Trades Gram sabha institutions and functionaries in all social sectors and local plans.
revenue etc. • Every GS to safeguard and preserve traditions and customs of people, their
• Non tax revenue from market fees on persons exporting goods for sale in cultural identity, community resources and the customary mode of dispute
Panchayat area; Fees on Registration of Cattle sold within the Panchayat area etc. resolution.
Transfer of Funds • Tied Grants: Earmarked for specific purposes or sectors, like sanitation, Reservation • Every panchayat to have reservation of seats in proportion to community
from Central education etc. population (minimum of 50 percent) with Chairperson of Panchayats at all levels
Finance • Untied Grants (General purpose grants): These are provided without specific to be reserved for STs.
Commission conditions or restrictions and can be utilised for local needs and priorities.
(CFC) and State • Performance-based Grants: Additional funds granted to PRIs based on
Finance recommendations of CFCs and specific performance criteria.
Commission • Special Category Grants: These grants are additional financial support designed
(SFC) to address unique challenges or particular needs of PRIs in specific regions or
contexts.
Other Sources • Transfer from Central Government and State Government under different
schemes like MGNREGA, PMAY (Rural), Sansad Adarsh Gram Yojana etc.
• Grants from internationals bodies like World Bank, etc.

2.6.2. CAPACITY BUILDING OF URBAN LOCAL BODIES (ULB)

Why in the news?
Recently, the Capacity Building Commission (CBC) in
collaboration with MoHUA organized a National
Workshop on Capacity Building of ULBs to foster a
unified approach to capacity building ULBs across
India.
More on news
• The Workshop marked the launch of three key
initiatives, i.e.,
o Annual Capacity Building Plan (ACBP) to
enhance the capabilities of MoHUA.
o ACBP for 6 pilot ULBs i.e. Ahmedabad, 2.8. OTHER IMPORTANT NEWS
Bhubaneswar, Mysuru, Rajkot, Nagpur, and
Pune. Panel of Vice- • Rajya Sabha Chairman constituted an all-women panel of VCs in Rajya Sabha.
o Comprehensive Toolkit for preparing Capacity Chairpersons • Under the Rules of Rajya Sabha, the Chairman nominates from among the members
Building Plans for ULBs for providing valuable (VCs) a panel of VCs.
resources to facilitate the growth and • Any one of them can preside over the House in the absence of the Chairman/ Deputy
development of ULBs. Chairman.
o However, they cannot preside over the house when the seat of Chairman/ Deputy
About Urban Local Bodies
Chairman is vacant.
• ULBs are small local bodies that administer or o In this case, President appoints a member of the House to perform the
govern a city or a town of a specified population. Chairman's duties.
o Urban governance (Local Government) is part • He/she has the same powers as the Chairman when presiding and holds office until
of the state list (Entry number 5) under the a new panel of VCs is nominated.
Constitution. Thus, the administrative Parliament • The Constitution of India does not mention the term “Special Session”.
framework and regulation of ULBs varies Sessions o Term sometimes refers to session’s government has convened for specific
across states. occasions.
• Constitution (74th Amendment) Act, 1992, formally • Article 85 mandates that Parliament should meet at least twice a year (the gap
recognised urban local governments as the third between two sessions should not exceed six months).
tier of government. o By convention, Parliament meets for three sessions in a year.

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o The Act provided for the establishment of three types of ULBs: o However, the provision does not prevent the summoning of Parliament more
✓ Nagar panchayats for a ‘transitional area’ often and these extra sessions are referred to as special sessions.
✓ Municipal councils for a ‘smaller urban area’ and • The Cabinet Committee on Parliamentary Affairs determines the date and duration
✓ Municipal corporations for a ‘larger urban area’. of parliamentary sessions.
o The president then summons MPs for the session.
Measures taken for capacity building of ULBs.
Immunity for • Supreme Court (SC) held that government cannot claim immunity from application
• National Urban Digital Mission: Launched in 2021 by MoHUA, it focuses on citizen-centric digital
President of law to a contract merely because one of the parties to it is the President.
revolution in ULBs in India. It aims to create a shared digital infrastructure working across three pillars
• SC said Article 299 (contracts made by Union or State in name of President or
of ‘People, Processes and Platform’ to provide a framework for digital governance in the country.
Governor) does not give the government power to break the statutory law.
o National Institute of Urban Affairs (NIUA) has been appointed to anchor this mission.
o Established in 1976, NIUA is a premier institute for research, training and information • Article 361 of the Indian Constitution grants immunity or protection to the President
dissemination in urban development and management. and the governor of the country.
o President and the governor are immune from court scrutiny for their actions and
• Municipal Bonds: These are financial instruments that municipal corporations and other associated
duties in office.
bodies in India issue to raise funds.
o Conduct of the President can be reviewed only if either House of Parliament
designates court or tribunal or any other body to investigate the charges under
2.7. PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996
Article 61.
Why in the news? Rule 176 and • According to the Rules of Procedure and Conduct of Business in the Council of
Rule 267 States
Recently, Jharkhand issued the Panchayats (Extension to Scheduled Areas) Act (PESA Act) draft rules for
o Rule 176 allows for a short-duration discussion, not exceeding two-and-a-half
public consultations
hours, on a particular issue.
About PESA Act, 1996 o Under Rule 267, a Rajya Sabha MP has the special power to suspend the pre-
decided agenda of the House, with the approval of the Chairman.
• Based on recommendations of the Dileep Singh Bhuria Committee, the PESA Act was enacted in 1996 for
Adjournment • Moved in the Lok Sabha for discussing a definite matter of urgent public importance,
tribal empowerment and to bring them into the mainstream.
motion with the Speaker’s consent.
• It provides for the extension of provisions of Part
• It needs the support of 50 members to be admitted.
IX of the Constitution relating to Panchayats to
Scheduled Areas of 10 States under Article 244(1) • It involves an element of censure against the government and hence Rajya Sabha is
read with Schedule 5, with certain modifications not permitted to make use of this device.
and exceptions. • Discussion on an adjournment motion should last for not less than two hours and
o PESA empowers the state legislatures to thirty minutes.
frame laws in this regard. Subordinate • Committee on Subordinate legislations of Rajya Sabha released ’Delay in framing of
• Presently, 10 States viz. Andhra Pradesh, legislation or rules under various acts by the ministries’ report.
Chhattisgarh, Gujarat, Himachal Pradesh, Delegated • Subordinate legislation is the legislation made by an authority subordinate to
Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Legislation legislature.
Rajasthan, and Telangana, have Fifth Schedule o Most enactments delegate the powers for making rules, regulations, byelaws etc.
Areas in their respective States. to subordinate authorities like the executive.
o Eight States (except Jharkhand and Odisha) • Need for Subordinate legislation.
have framed and notified their State PESA Rules o Legislatures have limitations of time; thus subordinate legislation is practical
under their respective State Panchayati Raj necessity.
Acts. o Enables experts and technocrats to provide details within the framework of law.
• The Ministry of Panchayati Raj is the nodal Ministry • Committee on Subordinate Legislation, Rajya Sabha
for the implementation of provisions of PESA in the o Constituted under Rule 204 of Rules of Procedure and Conduct of Business in
States. Council of States.
• PESA Act is called a ‘Constitution within the Constitution’. o Mandate: Scrutinize and report to the House whether the powers of subordinate
legislation delegated by Parliament have been properly exercised.
Other features of PESA Act, 1996 Parliament’s • Recently Parliament’s security was breached where accused entered Lok Sabha on
Conformity with • State Legislation on Panchayats shall be in conformity with customary law, security visitors' pass and released colour gas canisters emitting yellow smoke.
customary law social and religious practices and traditional management practices of community breach • Restricted Access to Parliament:
resources. o Rules of Procedure and Conduct of Business in Lok Sabha deals with
Gram Sabha • Every village shall have a Gram Sabha (GS) consisting of persons whose names are “admission, withdrawal and removal of strangers.
included in electoral rolls for Panchayat at village level. ✓ It specifies that Speaker, whenever thinks fit, may order the withdrawal of
strangers from any part of the House.

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 o Visitors to Parliament need security clearance from parliamentarians.
3.2. COOPERATIVE FEDERALISM
Sarpanch Pati • Standing Committee on Rural Development and Panchayati Raj recommended Training
and capacity building to curb prevalent concepts like Sarpanch Pati or Pradhan Pati. Why in the news?
o It refers to practice of husbands act as proxy for elected women, and wield the
Prime Minister recently underlined the importance of cooperative federalism in India.
actual political decision-making powers.
• Women reservation in Panchayati Raj Institutions (PRIs) About Cooperative Federalism
o 73rd Constitutional Amendment act of 1992: 1/3rd of seats of PRIs and 1/3rd
• Cooperative federalism is the horizontal relationship between union and states and shows neither is
offices of Chairperson at all levels of PRIs (covered by Part IX) are reserved for
above the other.
women. (Article 243 D)
• It envisages that national and state agencies undertake government functions jointly rather than exclusively.
o Many states like Bihar, Kerala, Maharashtra, Orissa, Rajasthan etc. have made
legal provision for 50% reservation for women among members and Constitutional Provisions to Promote Cooperative Federalism in India
Sarpanches.
• 7th schedule which demarcates central, state, and concurrent lists based on the principle of subsidiarity.
o As per Women and Men in India 2022 report, of the over 31. 8 lakh ERs, nearly 46%
• All India Services under Article 312
(over 14. 5 lakh) were women.
• Integrated judicial system to enforce both states as well as central laws.
Quota to • Haryana Cabinet has accepted the State Backward Classes Commission’s report on
Backward proportion of reservation for Backward Classes Block-A category in ULB. • Inter-State Council under Article 263 to discuss and investigate the subject of common interest between
the centre and the states.
Classes (A) in • Article 243 T (6): There will be no bar on State Legislatures from making provisions for
Urban Local reservation of seats in any municipality or office of Chairperson in municipalities in • Article 261 provides that full faith and credit shall be given throughout the territory of India to all the public
Bodies (ULBs) favor of a backward class of citizens. acts, records, and judicial proceedings of the Union and every State.
• Triple test/conditions for reservation to OBCs in local bodies (K. Krishnamurthy v. • Zonal councils were established as statutory bodies under the State Reorganization Act of 1956 to ensure
Union of India, 2010), coordination.
o Set up a dedicated commission to conduct a rigorous empirical inquiry into nature • Article 280: Finance Commission for recommending the distribution of financial resources between the
and implications of backwardness in local bodies. Union and the States.
o Specify the proportion of reservation required in local bodies in light of • Article 279A: GST Council (involving members from Union and states), responsible for deciding the rates
commission’s proposals. of the GST and the modalities of its implementation.
o Ensure reservation for SCs/STs/OBCs taken together does not exceed an Steps Taken to foster Cooperative federalism in India
aggregate of 50 percent of total seats
• The share of states in central tax revenue has been increased from 32% to 42% after the
recommendation of the 14th Finance Commission.
• Restructuring of centrally sponsored schemes.
• Financial sector bailout programme under Ujwal DISCOM Assurance Yojana (UDAY) scheme.
• National Institution for Transforming India Aayog (NITI) Aayog acts as a platform to promote cooperative
federalism. Various steps taken by NITI Aayog are:
o Subgroups of Chief Ministers on subjects of national importance.
o Launching of the Aspirational Districts Programme for the development of backward districts.
o Framing model laws for land leasing and agriculture marketing reforms
o Area-specific interventions for the North-Eastern and Himalayan States and island development.
o Sustainable Action for Transforming Human Capital (SATH) programme to initiate transformation in
the education and health sectors in states.

3.3. INTER-STATE BORDER DISPUTES

Why in the news?
Assam and Arunachal Pradesh signed a memorandum of understanding (MoU) to end a decades-long inter-state
border dispute.
Methods to resolve disputes among states
• Judicial redressal: Article 131 provides that the Supreme Court shall, to the exclusion of any other court,
have original jurisdiction in any dispute.
o Between the Government of India and one or more States; or
o Between the Government of India and any State or States on one side and one or more other States
on the other; or

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o Between two or more States.

3. CENTRE-STATE RELATIONS • Inter-state Council: Article 263 gives powers to the President to set up an Inter-state Council for the
resolution of disputes between states. It has the duty of:
3.1. ROLE OF GOVERNOR o Inquiring into and advising upon disputes which may have arisen between States;
o Investigating and discussing subjects in which some or all the States, or the Union have a common
Why in the News?
interest; or
Recently, Kerala, Tamil Nadu and Punjab moved the Supreme Court against their respective Governors over the o Making recommendations on such subjects along with recommendations for the better coordination
pending bills. of policy and action to that subject.
Constitutional Provisions regarding bills before Governor • Zonal Councils: They are established by the States Reorganisation Act of 1956 and have an advisory role
to promoting cooperation and coordination between states, union territories and the Centre.
• Article 200: Assent of the Governor is necessary for a bill to become a law. In this regard, the Governor has
been given some options (refer table).
Governor’s Options Status of Bill
Give assent to the bill • Bill becomes a law
Withhold the assent • Bill fails to become a law
Return the bill for • If the State Legislature passes the bill in its original shape or in a modified
reconsideration of the form, the Governor has to give the assent to re-enacted bill.
legislature • The Constitution does not lay down any time limit within which the Governor
is required to return the bill for reconsideration. It only insist on ‘as soon as
possible’.
Reserve the bill for the • Any Bill which in the opinion of the Governor would, if it became law, so
consideration of the derogate from the powers of the High Court as to endanger the position
President which that Court is by this Constitution designed to fill.
• Reserving bill for
President
(Article 201):
President can
either give
his/her assent or
withhold the
assent.
o President
may direct
the Governor
to return the
bill to state
legislature
with his/her
message.
Such bill, if
re-enacted by
the state
legislature
with or
without
amendment,
is presented
again to the
President.

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 Zonal Councils
• Chairperson: Union Home Minister. 4. JUDICIARY
• 5 Zonal councils viz:
o Northern: Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Delhi, Chandigarh, 4.1. JUDICIAL APPOINTMENT
Ladakh Why in the News?
o Central: Chhattisgarh, Uttarakhand, Uttar Pradesh, Madhya Pradesh Supreme Court while hearing a contempt case against inordinate delay by the Centre in judges’ appointment,
o Eastern: Bihar, Jharkhand, Orissa, West Bengal said that appointment proposals can’t remain in limbo and the government must either notify those
o Western: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli and Daman & Diu. appointments or send them back citing specific objections.
o Southern: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana A&N, Lakshadweep and
Puducherry. Appointment of judges in higher judiciary
• Judges are appointed through a Collegium (Articles 124 (2) and 217 governs the appointment of Judges in
3.4. INTER-STATE WATER DISPUTES SC and HC respectively)
• It has evolved through judgments of the Supreme Court (referred to as 3 Judges Cases and pronounced in
Why in the news? 1981, 1993, and 1998).
Recently, the Union Cabinet approved the terms of reference to Krishna Water Disputes Tribunal-II (KWDT-II) o Supreme Court Collegium includes CJI and four other senior-most judges of the court at that time.
under the Inter-State River Water Disputes (ISRWD) Act, 1956. o Collegium for the appointment of Judges to the High Court is led by the CJI and two other senior-most
judges of the Supreme Court.
Also, the Supreme Court criticised the Punjab government for its slow progress in constructing the Sutlej- ✓ Initiation of a proposal for appointment of Judges of the concerned High Court vests with the High
Yamuna Link (SYL) canal, Court Collegium (HCC) who sent the views to the Supreme Court Collegium.
Mechanism to deal with Inter-State Water Dispute ✓ HCC consists of the chief justice of the high court and two senior-most judges.
Role of government in appointment of judges
• Under Seventh Schedule of Constitution,
o State List: Entry 17 (Water i.e. water supplies, irrigation and canals, drainage and embankments, water • Under Memorandum of Procedure, Government can get an inquiry conducted by Intelligence Bureau for
storage etc.) subject to the provisions of entry 56 of List I. candidates recommended.
• Article 262: Parliament by law may provide for the adjudication of any dispute with respect to the use, • Government can also raise objections and seek clarifications regarding collegium’s choice.
distribution or control over inter-state river waters or river valley. Accordingly, Parliament has enacted o However, if the collegium reiterates same names, government is bound, to appoint them as judges.
two laws:
o Inter-State Water
Disputes (ISWD)
Act, 1956: State
Government may
request the
Central
Government to
refer the dispute
to a tribunal for
adjudication.
o River Boards Act,
1956: Setting up of
River Boards by
the central
government for
the regulation and
development of
inter-state rivers
and river valleys.
• Article 262 deters the
Supreme Court from
adjudicating
interstate river water
disputes.
o However, Article
136 empowers the SC to hear appeals against the tribunal’s orders.
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• National Water Policy 2012: Addresses issues of water scarcity, inequities in its distribution and lack of 4.1.1. ALL INDIA JUDICIAL SERVICES (AIJS)
a unified perspective in water use and management.
o Union List: Entry 56 (Regulation and development of inter-State rivers and river valleys) Why in the news?
• In the context of inter-state rivers water sharing, SC had earlier referred to international rules like, Recently during the Constitution Day (26th November) celebration, the President of India called for an All India
o Helsinki Rules of 1966 recognise equitable use of water by each basin State taking into consideration Judicial Services (AIJS) to recruit judges.
the socio-economic needs and availability of resources.
o Campione Consolidation of ILA Rules (1966-99) advocates the inclusion of water of an aquifer, that is About All India Judicial Service (AIJS)
underground water or 'fossil water' intercepted by the boundary between two or more states, while AIJS is a reform that seeks to centralize the recruitment of judges at the level of additional district judges
determining the shares of basin states over an inter-state river. and district judges for all states.
About SYL canal • Genesis of AIJS: The idea for AIJS was first proposed by the 14th Report of the Law Commission of India
• SYL, planned in 1966, is a 214-km long canal for sharing waters of the Ravi and Beas rivers between on judicial reforms in 1958.
Haryana and Punjab, of which 122 km was to be in Punjab and 92 km in Haryana. • Constitutionality: The provision of AIJS was included in Article 312 of the Constitution through the 42nd
• Haryana completed its stretch of the SYL Canal in 1980, while Punjab kept citing Riparian Principles Amendment in 1976. But it still requires a bill to decide on its broad contours.
and the non-availability of its water.
o Riparian Principles state that the owner of land adjacent to a water body has the right to use water. Present status of recruitment of judges in lower judiciary
About Krishna Water Dispute • Articles 233 and 234 of the Constitution of India deal with the appointment of district judges (along
• In 1969, Krishna Water Disputes Tribunal-I (KWDT) was set up under the ISRWD Act, 1956 and KWDT-II with lower judiciary) and place it in the domain of the states.
was instituted in 2004 • All judges of the lower judiciary up to the level of district judges are selected through the Provincial
• KWDT-II will distribute the Krishna water, allocated to 'undivided’ Andhra Pradesh, between Telangana Civil Services (Judicial) exam in most of the states.
and Andhra Pradesh. • The selection process is conducted by the State Public Service Commissions and the concerned
o Krishna is an east-flowing river that originates at Mahabaleshwar in Maharashtra and merges with High Court, as High Courts exercise jurisdiction over the subordinate judiciary in the state.
the Bay of Bengal, flowing through Maharashtra, Karnataka, Telangana and Andhra Pradesh.
• In 2014 after the creation of Telangana, Andhra Pradesh asked to include Telangana as a separate 4.2. LEGAL AID
party at KWDT. Why in the news?
o However, Maharashtra and Karnataka argue that Telangana should be allocated waters from
Andhra Pradesh’s share as it was created following latter’s bifurcation. Recently, Parliamentary Standing Committee on
Personnel, Public Grievances, Law and Justice
presented a report on “Review of the working of
Legal aid under the Legal Services Authorities
Act, 1987”.
Legal Aid
• Legal Aid refers to free legal services to the
poor and needy people who cannot afford the
service of a lawyer for the conduct of the case in
any court.
Initiatives for Legal Aid in India
• Legal Services Authorities (LSA) Act, 1987:
Provides a statutory framework of legal aid in
India.
o Under the act, the National Legal Services
Authority (NALSA), State Legal Services
Authorities (SALSAs) and District Legal
Services Authorities (DLSA) are
established at the national, state, and
district levels, respectively.
o Lok Adalat is an alternative dispute
redressal (ADR) mechanism under the act,
where disputes pending in the court of law
or at the pre-litigation stage are settled
amicably.
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 o Para-legal volunteers (PLVs): Trained persons who assist the LSAs and the Lok Adalats in providing o Court-annexed mediation must be conducted as per the rules framed by the
free legal aid to the needy people. Supreme Court or High Courts.
o Supreme Court Legal Services Committee (SCLSC): Constituted under section 3A of LSA Act, 1987 to Establishment of • Consists of 1 chairperson, 2 full-time members (with experience in mediation or
provide free legal services to poor, under-privileged and marginalized. Mediation Council ADR), 1 part-time member (including the Law Secretary, and the Expenditure
✓ Patron-in-Chief of SCLSC: Chief Justice of India of India (MCI) Secretary) and 3 ex officio members.
✓ Members: Chairman (sitting Judge of SC) and 9 members (nominated by the Chief Justice of India).
• Designing Innovative Solutions for Holistic Access to Justice (DISHA) Scheme: Introduced by the Defines Mediation • As a body or organization recognized by the MCI for conducting mediation.
Department of Justice to create awareness through the use of technology and developing simplified Service Providers o Mediation can be done by the Authority, constituted under the Legal Services
Information, Education and Communication (IEC) material for the masses. Its components include, Authorities Act, 1987 also.
o Nyaya Bandhu: To create a pan India framework for dispensation of pro bono legal services. Conduct of • To resolve disputes likely to affect the peace and harmony amongst residents of a
o Tele Law: For mainstreaming legal aid to marginalized communities through the Common Service community locality by a panel of 3 mediators.
Centers (CSCs). mediation
o Legal Literacy and Legal Awareness Programme (LLLAP): To enable the vulnerable sections of Enforceability • Agreements resulting from mediation will be binding and enforceable in the
society to have information about their legal rights and entitlements. same manner as court judgments.
• Nyaya Mitra scheme: Launched in 2017 to facilitate the District Judiciary in getting more than ten-year-old o Verdict can be challenged before a competent court within 90 days.
pending court cases disposed of by providing legal aid to the litigants. o Mediated settlement can be challenged on grounds of fraud, corruption,
• Supreme Court Middle Income Group Legal Aid Scheme: Provides legal services to middle-income group impersonation, and disputes not fit for mediation only.
citizens, whose gross income does not exceed Rs.60,000/- p.m. or Rs. 7,50,000/-.
4.3.1. LOK ADALATS
• Lok Adalat is an Alternative Dispute Redressal Mechanisms (ADRM).
o ADRM involves various methods of resolving conflicts outside of the traditional court system.
o They provide a speedy, cheaper, and more amicable approach to resolving conflict.
• Key Aspects of Lok Adalat:

om
o Establishment: Under Legal Services Authorities Act, 1987.
l.c o Tiers: Constituted at different levels namely, National Lok Adalat, State Authority level, High Court level,
ai
gm

District Court level and Taluk level.

3@

✓ National Level Lok Adalats are held at regular intervals whereas on a single day, Lok Adalats are
l2

held throughout the country.

de

✓ Mobile Lok Adalats are also organised.

an

o Jurisdiction: Disputes/cases pending in the court of law or at the pre-litigation stage.

ch

o Nature of cases: Civil Cases, Matrimonial Disputes, Land Disputes, Partition/Property Disputes,
gh
in

Labour Disputes etc., and non-compoundable criminal Cases.

tis

o Powers: Have the same powers as are vested in a Civil Court under the Code of Civil Procedure (1908).
di
ra

✓ Decisions/Awards are final and binding on all parties. No Appeal shall lie to any Court against its
fo

Award.
y
nl
O

4.4. MODEL PRISONS ACT 2023

Why in the news?
The Ministry of Home Affairs (MHA) has prepared the ‘Model Prisons Act 2023’ that will replace the Prisons Act
4.3. MEDIATION ACT, 2023 of 1894.

Why in the news? What proposals are included under the Model Prisons Act 2023?
• To encourage good conduct
The President of India recently granted assent to the passed Mediation Act 2023 seeking to promote mediation o Provisions for the grant of parole, furlough, and remission to prisoners.
as a preferred mode of Alternative dispute resolution (ADR) in India. ✓ Parole is a system of conditional release of a prisoner with suspension of the sentence for a
About Alternative dispute resolution (ADR) specific period.
✓ Furlough is given in cases of long-term imprisonment. The period of furlough granted to a prisoner
• It refers to the different ways people can resolve disputes without a trial (refer infographics). is treated as remission (reduction) of his sentence.
• Other steps to promote ADR in India ✓ Bail means procurement of release from prison of a person awaiting trial or an appeal.
o Arbitration and Conciliation Act, 1996 and Arbitration and Conciliation (Amendment) Act, 2019 for • For reformation and rehabilitation
the establishment of the Arbitration Council of India. o Bring about “attitudinal change towards prisoners.”

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o Legal Services Authorities Act, 1987 o Vocational training and skill development.
o New Delhi International Arbitration Centre (NDIAC) Act, 2019 for the establishment of NDIAC for • For better safety and security
facilitating institutional arbitration. o Separate accommodation for women and transgender inmates.
o Commercial Courts Act, 2015 provides for such Commercial Courts to adjudicate commercial o Use of technology in prison
disputes. administration; Establishing high-
• Singapore Convention on Mediation is a uniform and efficient framework for international settlement security jails.
agreements resulting from mediation. • Other measures
o Provisions for and open, semi-open jails
have also been inserted.
o Measures for prisoners to video
conference with courts have also been
introduced.
• Along with the Prisons Act, 1894, the
Prisoners Act, 1900, and the Transfer of Prisoners Act, 1950’ have also been reviewed, and their relevant
provisions have been assimilated into the Model Act.
About Prisons Act 1894
• It was the first legislation that governed the management and administration of prisons in India.
• It is based on recommendations of the “Prison Discipline Committee” appointed by Lord
Macaulay (1936).
• It defined a “prison” as “any jail or place used permanently or temporarily for the detention of prisoners”,
excluding police custody and subsidiary jails.
• It also laid down provisions for the prisoners’ employment, health, and visits.

Key Highlights of Mediation Act 2023

Defines Mediation • It includes expression mediation, pre-litigation mediation, online mediation,
and community mediation.
o Parties attempt to reach an amicable settlement of their dispute with the
assistance of a third person referred to as a mediator.
Voluntary Pre- • Parties can attempt to settle civil or commercial disputes by mediation before
litigation Mediation approaching any court or certain tribunals.
Disputes not fit for • List includes:
mediation o relating to claims against minors or persons of unsound mind,
o involving criminal prosecution,
o affecting the rights of third parties.
Territorial • Mediation to take place within the territorial jurisdiction of the court or tribunal of
Jurisdiction competent jurisdiction, unless parties agree otherwise or undertake mediation
in online mode.
Timeline for • Must be completed within 120 days, which may be extended by another 60
conducting days with the consent of the parties.
Mediation o A party may withdraw from mediation after two sessions.
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 • Other initiatives taken
4.5. OTHER IMPORTANT NEWS
o e-Court mission: a mission mode project for digitisation of judiciary.
Article 142 • SC held that it could, under Article 142, directly grant divorce, in cases where o Inter-operable Criminal Justice System (ICJS) to enable seamless transfer of
marriage has irretrievably broken down, dispensing with period prescribed under data and information among stakeholders like courts, police, jails.
Hindu Marriage Act (HMA), 1955. o Fast and Secure Transmission of Electronic Records (FASTER) by SC, a
• Article 142 provides SC power, to do “complete justice” between parties, where, software to transmit Court Orders swiftly, and securely through electronic mode.
at times, law or statute may not provide a remedy. o SUVAS (Supreme Court Vidhik Anuvaad Software) to translate English
• While powers under Article 142 are sweeping in nature, SC has defined its scope judgments into regional language.
and extent through various judgments. o e-SCR portal: It provides the digital version of the apex court's judgments in
the same manner they are reported in the official law report.
India Justice • The third edition of the report was released by Tata Trusts in collaboration with
Report representatives from several civil society organizations including the Centre for
Social Justice, DAKSH, Vidhi Centre for Legal Policy, etc.
• The report assesses and ranks each state’s progress in capacitating its major
justice delivery mechanisms—the judiciary, police, prisons, and legal aid.

Doctrine of • In a hearing related to Agnipath scheme, plaintiff (party moving court in a civil
Promissory action) cited doctrine of promissory estoppel.
Estoppel • Promissory estoppel is a concept developed in contractual laws.
o It essentially prevents a “promisor” from backing out of an agreement on the
grounds that there is no “consideration.”
o It is invoked by a plaintiff to ensure execution of a contract or seek
compensation for failure to perform the contract.
Narco Analysis • Recently, wrestler protestors in Delhi have asked to undergo Narco tests provided it
Test is monitored by the Supreme Court.
• As part of a narco test, sodium pentothal, also called ‘truth serum’, is injected into
a person which lowers a person’s self-consciousness, allowing them to speak
without inhibition.
• The Supreme Court in Selvi & Ors vs State of Karnataka & Anr (2010) ruled that
narco analysis, brain mapping and polygraph tests cannot be conducted on any
person without his or her consent.
o The judgement was based in view of
✓ Article 20(3) (Right against self-incrimination)
✓ Article 21 (Right to life and personal liberty).
• Narco analysis report is not admissible as primary evidence in the court.
• However, any information that is subsequently discovered with the help of
voluntarily administered test results can be admitted.
Recusal by • Supreme Court (SC) judge refused to
Judges recuse himself from hearing a plea
by a former Indian Police Service (IPS)
officer.
• Whenever there is a potential
conflict of interest, a judge can
recuse or withdraw from a case to
prevent the perception of being
biased.

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• India has no codified rules governing recusals and the decision to recuse rests
solely on the conscience and discretion of the judge. 5. ELECTIONS
o If a judge recuses himself, the case is listed before the Chief Justice for
allotment to an alternate Bench. 5.1. CHIEF ELECTION COMMISSIONER AND OTHER ELECTION
Advocate-on- • AoR is a lawyer in the Indian legal system who is registered and authorized by SC COMMISSIONERS ACT, 2023
Record (AoR) to represent clients in that court.
Why in the news?
system in • The Advocates Act provides two kinds of advocates i.e., Senior Advocates and
Supreme Court advocates. The President gave her assent to the Chief Election Commissioner and other Election Commissioners
• However, the SC in the exercise of its rule-making power under Article 145, made a (Appointment, Conditions of Service and Term of Office) Bill, 2023.
provision for AoR system.
Key provisions of the Act
• Supreme Court Rules, 2013 prescribe eligibility criteria for an AoR.
o Only AoR is entitled to file any matter or document before the SC. Appointment • The CEC and other ECs shall be appointed by the President on the recommendation
o Senior Advocate is not entitled to appear without AoR in SC. of a Selection Committee.
Fast Track • Union Cabinet approved continuation of Fast Track Special Courts (FTSCs) Scheme Selection • A selection committee consisting of:
Special Courts until March 31, 2026. committee o Prime Minister as Chairperson.
(FTSCs) Scheme • Launched in 2019, FSTCs is a Centrally Sponsored Scheme and implemented by o Leader of Opposition/leader of the largest opposition party in the Lok Sabha.
Department of Justice, Ministry of Law & Justice. o Union Cabinet Minister to be nominated by the Prime Minister.
o Central Share is to be funded from Nirbhaya Fund, aimed at enhancing the • Search Committee: Headed by the Minister of Law and Justice shall prepare a panel
safety and security for women. of five persons for consideration of the Selection Committee.
• FTSCs, designed as dedicated courts, were established for hearing rape and Eligibility • Persons who are holding or have held a post equivalent to the rank of Secretary to the
Protection of Children from Sexual Offences Act (POCSO Act) cases. criteria Government of India and
o Enactment of Criminal Law (Amendment) Act 2018, which included stringent • Should be persons of integrity, who have knowledge of and experience in
punishment, including death penalty for rape offenders, led to the creation of management and conduct of elections.
FTSCs. Salary • Equal to the salary of a Judge of the Supreme Court
o FTSCs are linked to National Judicial Data Grid. Term of • CEC and other ECs shall hold office for a term of six years from the date on which he
Nari Adalats • Nari Adalat is a part of Sambal sub-scheme under Mission Shakti, which operates office assumes his office or till he attains the age of sixty-five years, whichever is earlier.
under Ministry of Women and Child Development. • CEC and other ECs shall not be eligible for re-appointment.
o Mission Shakti aims to strengthen women’s safety, security, and empowerment. • Where an EC is appointed as CEC, his term of office shall not be more than six years in
• Nari Adalat provides women with an Alternate Grievance Redressal Mechanism aggregate as the EC and the CEC.
for resolving cases of petty nature (harassment, curtailment of rights etc.) faced by Conduct of • All business of the Election Commission is to be conducted unanimously. In case of a
women at Gram Panchayat level. business difference of opinion between the CEC and the other ECs on any matter, it shall be
• This platform will be utilized for engaging with public for awareness generation, decided through the majority.
getting feedback for improvement in schemes and for effective public delivery of Removal and • CEC can only be removed from his office in a manner and on grounds similar to that of
service. resignation a Supreme Court judge.
Nyaya Vikas • Nyaya Vikas Portal has been created by Ministry of Law and Justice for monitoring o An EC can be removed from office upon the recommendation of the CEC.
Portal the implementation of Centrally Sponsored Schemes (CSS) for development of o The CEC or any EC may resign at any time by writing to the President.
Infrastructure for Judiciary.
• About Nyaya Vikas
o Department of Justice has been implementing CSS for Development of
Infrastructure Facilities for Districts and Subordinate Judiciary since 1993-94.
o Central assistance is provided to the State Government / UT Administrations for
construction of court halls and residential units for Judicial Officers / Judges
of District, etc.
o Funding: Northeastern and Himalayan States (90:10); Union Territories (100%),
remaining states (60:40).
Justice Clocks • It is an electronic signage system which have been installed across the court
complexes of High Courts.
• The initiative will inform stakeholders about court-related key parameters and
bring awareness among public by providing bird eye view of court-related data.
Technology in • Supreme Court (SC) issued directions to all the High Courts for ensuring
Judiciary digitalisation of lower court records.

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 5.2. ASPECTS OF ELECTION PROCESS AND REFORM
Why in the news?
Recently, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law
and Justice tabled a report on “Specific aspects of the election process and their reform”.
Key-aspects of the report
Common • India has two types of electoral rolls, i.e. General electoral rolls (overseen by ECI) and
Electoral Roll Separate electoral rolls (prepared by SEC).
(CER) • Constitutional and legal safeguards
o Article 324(1): It empowered the Election Commission of India to supervise, direct,
and control the preparation and revision of Electoral Rolls for all elections to
Parliament and State Legislatures.
o Articles 243K and 243ZA: Entrust the State Election Commissioners with the task
of overseeing the preparation and revision of electoral rolls for Local Body
elections.
o Representation of the People Act, 1950: The preparation and revision of electoral 5.5. ELECTORAL FUNDING
rolls for Parliamentary and Assembly Constituencies are governed under the
provisions contained in PART IIB Section 13D. Why in the news?
False Legal safeguards Recently, the Supreme Court directed the Election Commission to submit data on the electoral bonds
Declarations • Candidates contesting elections must file an Affidavit in Form 26 under the Conduct of received by political parties till September 30, 2023.
During Filing Elections Rules, 1961.
More on news
of • Section 33A under RPA, 1951: Requires candidates to disclose information about
Nomination charges framed by a court against them for offences punishable by more than two years • In 2019, while hearing the Association for Democratic Reforms’ (ADR) petition against the Electoral
for Elections imprisonment and any convictions resulting in imprisonment of one year or more. Bond Scheme, the SC asked the ECI to submit data on electoral bonds received by political parties.
• Section 125A of the Representation of People Act of 1951: Deals with the penalties for o State Bank of India has revealed that only 25 political parties have opened the bank accounts
providing false information. necessary to receive electoral bonds.
Minimum Age Constitutional Safeguards for Minimum Age for Contesting Elections
of Voting and • Article 84: Minimum 25 years in Lok Sabha and 30 years in Rajya Sabha.
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Contesting • Article 173: Minimum 25 years in State Legislative Assemblies and 30 years in Electoral Bonds (EBs)
Elections legislative Council. • EBs are interest-free bearer bonds or money instruments that can be purchased by companies and
individuals in India from authorised branches of the State Bank of India (SBI).
5.3. SIMULTANEOUS ELECTIONS • Announced in Union Budget 2017-2018.
• Sold in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore.
Why in the News?
• Purchased through a KYC-compliant account to make donations to a political party.
The government has set up a committee under former President Ram Nath Kovind to examine the feasibility of • No cap on the number of EBs that a person or company can purchase.
simultaneous elections or one nation-one election. • Available for purchase for 10 days each in January, April, July and October.
About Simultaneous elections • All transactions of EBs are carried out via cheques or digitally.
• Aimed to synchronize the elections to Lok Sabha, State Assemblies, Municipalities and Panchayats • The identity of donors remains confidential, reducing the risk of retaliation or intimidation for their
such that voters in a particular constituency vote on the same day. political affiliations.
• It does not mean that voting across the country for all elections needs to happen on a single day.
o It can be conducted 5.6. OTHER IMPORTANT NEWS
in a phase-wise National Party • Citing the Election Symbols (Reservation and Allotment) Order, 1968, which
manner as per the Status stipulates criteria for recognition as a national or state party, the Election
existing practice,
Commission of India (ECI) now recognises six national parties.
provided voters in a
o Bharatiya Janata Party (BJP), Indian National Congress, Bahujan Samaj
particular
Party (BSP), Communist Party of India (CPI) (Marxist), National People’s Party
constituency vote for
(NPP) and Aam Aadmi Party (AAP).
both the State
• How is a Party’s National status decided?
Assembly and Lok
o Votes in Lok Sabha (LS), state polls: A party should secure at least 6% of votes
Sabha on the same
polled in four or more states in LS or assembly elections, and, in addition, have
day.
at least four members in LS.
• Simultaneous elections
o Seats in LS: It should have at least 2% of total Lok Sabha seats and have
were the norm until
candidates from not less than three states.
1967. Following the
o Must be a state party: in at least four states.
dissolution of some
• Benefits of National Party Status
Legislative Assemblies in
o Exclusive allotment of its reserved symbol to its candidates throughout
1968 and 1969 and that of Lok Sabha in 1970, elections to State Assemblies and Parliament have been held
India.
separately.
o Need only one person to propose a candidate’s name to file nominations.
• Later, the Simultaneous elections idea was proposed by the Election Commission in 1983.
o Get broadcast facilities over Akashvani/Doordarshan during general
• It was also recommended by the Dinesh Goswami Committee. elections.
o Can have up to 40-star campaigners while others can have up to 20-star
5.4. CRIMINALIZATION OF POLITICS campaigners.
Why in the News? Star • Election Commission of India issues advisory to all Star to remain within the
Various Commission/committees on Criminalization of Campaigners confines of the Model Code of Conduct
Recently a report titled ‘Analysis of Sitting politics
• About Star Campaigners
MPs from Lok Sabha and Rajya Sabha of • N.N. Vohra Committee Report (1993) state that the o They are nominated by political parties to campaign in each set of
India 2023’ was released. nexus between the criminal gangs, police, bureaucracy constituencies for a specified duration.
and politicians has come out clearly in various parts of o There is no law governing who can or cannot be made a star campaigner.
More about News
the country. o List of star campaigners must be communicated to Chief Electoral Officer and
• The report was released by the • Other Commissions: National Commission to Review ECI within a week from election notification date under section 77(1) of
Association for Democratic Reforms the Working of the Constitution (2001), Second Representation of People Act (RPA), 1951.
(ADR) and National Election Watch. Administrative Reforms Commission (2005), etc. o Recognised political party can have 40 Star campaigners and an
o ADR was established in 1999 by a unrecognised (but registered) political party can have 20.
group of professors from the Indian Institute of Management (IIM) Ahmedabad. o Poll Expenditure: As per section 77(1) RPA, 1951, their travel by air or any
• Kerala has the highest number of MPs with criminal cases followed by Bihar, and Maharashtra. other means of transport for propagating programme of a political party shall
• Criminalization of Politics (CoP) refers to the infiltration of criminals, lawbreakers, and corrupt individuals not be counted as expenditure by candidate.
into the political system. Freebies • Central Board of Indirect Taxes and Customs (CBIC) issues Standard Operating
Procedure (SoP) to limit the usage of freebies, and liquor to attract voters.

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 o Freebies can be defined as offerings/distribution of irrational offerings from
political parties as part of electoral promises such as pressure cookers, washing 6. IMPORTANT LEGISLATIONS/BILLS
machines, television sets etc. free of charge.
• SoP aims to prevent suspicious cash, illicit liquor, drugs/narcotics, freebies and 6.1. NARI SHAKTI VANDAN [CONSTITUTION (106TH AMENDMENT)]
smuggled goods during assembly and general elections. ACT, 2023
• Key highlights of SoP
o GST and Customs officials to monitor the distribution of coupon-based or Why in the News?
free fuel or cash for alluring prospective voters. Recently, Parliament passed the Constitution (106th Amendment) Act, 2023, to provide for one-third
o Setting up flying squads and static surveillance teams for vehicle checks and reservation to women in the Lok Sabha, State Assemblies and the assembly of NCT of Delhi.
verification of warehouses. Key provisions of the Act
o Movement of items like saris, party flags etc., associated with candidates or • Articles amended
political parties without an e-way bill may be confiscated. o Article 239AA: Reservation of 1/3rd seats for
Poll Expenditure • Declaring Candidates for assembly election weeks before polls announcement women in the Legislative Assembly of Delhi.
has exposed gaps in Election Commission (EC) poll expenditure monitoring • Articles inserted
rules. o Article 330A and Article 332A: Reservation
o Rules stipulate accounting of candidates’ spending from date of their of 1/3rd seats for women in the Lok Sabha
nomination and not from the announcement of polls. and State legislative assembly
• According to Section 77 (1) of the Representation of the People Act (RPA), 1951, respectively.
candidates are expected to keep an account of expenditure from date on which ✓ It also includes reservation of 1/3rd
he/she has been nominated till date of declaration of result. seats for women under seats reserved
o Spending more than maximum limit of election expenses is regarded as a for SCs/STs under Article 330 and Article
corrupt practice under section 123(6) of RPA, 1951. 332.
Electoral • Recently, ECI signed an MoU with the Ministry of Education to bring Electoral o Article 334A: The Act’s provisions shall
Literacy Literacy to Classrooms across the country. come into effect after delimitation following
• Salient features of the first census after the commencement of
MoU this act.
o Systematically ✓ Sunset clause: Reservation of seats for women shall cease to have effect after the expiration of 15
integrating voter years. However, it can be extended by the Parliament by law.
education and ✓ Periodic rotation of seats reserved for women after subsequent delimitation.
electoral literacy ✓ The act won’t affect any representation in existing legislative assemblies and Lok Sabha until
into the their dissolution.
curriculum, • Recently, the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 and the Government of
starting from Union Territories (Amendment) Act, 2023 were enacted by the parliament.
classes 6 to 12 in all o They seek to reserve 33% of seats for women in the Jammu and Kashmir and Puducherry Assembly
schools. respectively.
• Initiatives taken to promote Electoral Literacy
o Systematic Voter Education and Electoral Participation (SVEEP) program: 6.2. MULTI-STATE CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 2023
Flagship program of ECI for voter education, spreading voter awareness and
promoting voter literacy in India. Why in the news? Multi-State Cooperative Societies Act, 2002
o Electoral Literacy Clubs (ELCs): set up in institute campuses across the The President of India granted assent to • Objective: Consolidate law relating to cooperative societies
country by ECI under SVEEP campaign. the multi-state Co-operative Societies serving the interests of members in more than one State.
✓ It is a platform to engage school students through interesting activities and (Amendment) Bill, 2022, to amend the o To facilitate the voluntary formation and democratic
sensitise them on their electoral rights and familiarise them with electoral Multi-State Co-operative Societies functioning of co-operatives as people's institutions
process of registration and voting. (MSCS) Act, 2002. based on self-help and mutual aid.
Enabling • Election Commission has designed in-house software for complete Candidate • Other developments: The Cabinet has approved three
Communications and election management through ‘ENCORE’. Key features of the Act national-level MSCS under the MSCS Act, 2002 namely
on Real-time o It is an end-to-end application for returning officers to digitize the votes • Establishment of Co-operative o National Multi-State Cooperative Export Society,
Environment polled, tabulate the round-wise data, and then take out various statutory Election Authority o National Multi-State Cooperative Organic Society
(ENCORE) reports of counting. o Consists of a chairperson, vice- o National Multi-State Cooperative Seed Society.
• Another application called the ENCORE Scrutiny Application chairperson, and up to three members appointed by the central government.
o It allows Returning Officers to scrutinize the nominations filed by the candidates • Amalgamation and division of co-operative societies: Allows co-operative societies (registered under
online. state laws) to merge into an existing MSCS.
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• Through the ENCORE Nodal App, various departments like fire, education, police, • Co-operative Rehabilitation, Reconstruction and Development Fund: To revive sick multi-state co-
environment, etc. give ‘no objection’ certificates for holding rallies, road shows, operative societies.
etc. to political parties or candidates. • Restriction on redemption of government shareholding: Any shares held by the central and state
Voter-Verifiable • The Election Commission of India (EC) has defended the EVM-VVPAT system and governments cannot be redeemed without the shareholder’s approval.
Paper Audit Trail termed a new petition seeking 100% data cross verification as regressive. • Redressal of complaints: the central government will appoint one or more Co-operative Ombudsman
(VVPAT) • Rule 56D and Rule 49MA of Conduct of Elections Rules, 1961, provide for with territorial jurisdiction.
redressal of any EVM-VVPAT process verification-related concerns expressed by a o Appeals against the directions of the Ombudsman may be filed with the Central Registrar.
voter. • Composition of board of directors: the board of a multi-state co-operative society will have a maximum
• VVPAT allows voters to see a printed slip for 7 seconds showing the serial number, of 21 directors.
name & symbol of chosen candidate. o Inclusion of:
✓ one Scheduled Caste or Scheduled Tribe member, and
✓ 2 women members.
About Co-operatives Societies
• It is a voluntary association of
individuals having common
needs who join hands for
achievement of common
economic interest.
• Cooperatives are a state
subject.
• The subject of cooperatives is
mainly dealt with by the State
Governments and Union Territory
Administrations, with the
support and guidance of the
Central Government.
• Maharashtra has the highest
number at 663, followed by Uttar
Pradesh (168).

6.3. CINEMATOGRAPH (AMENDMENT) ACT, 2023

Why in the news?
The President of India recently granted assent to the
Cinematography (Amendment) Act, 2023.
More about news
• It amends the Cinematograph Act 1952, enacted to
make provisions for certifying cinematograph films
for exhibition and regulating exhibitions using
cinematographs.
o The act provides for establishing the Central
Board of Film Certification (CBFC) for certifying
films for exhibition.
o Such certifications may be subject to
modifications/deletions.
o The board may also refuse the exhibition of films.

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 Key provisions of the Act • For a child or a person with a disability, consent will be provided by the parent or legal
guardian.
Specifications Details
Age-Based • Act introduces three age-
Data • Provides for the establishment of DPBI by the Central government.
Certification based certifications
Protection • Key functions of the Board:
Board of India o Monitoring compliance and imposing penalties.
under ‘UA’ category —’UA
(DPBI) o Directing data fiduciaries to take necessary measures in event of a data breach.
7+’, ‘UA 13+’ and ‘UA 16+’.
o Hearing grievances made by affected persons.
• These age-based markers
are meant for parents or • Board members will be appointed for two years and will be eligible for re-
guardians to consider appointment.
whether their children • Appeals against its decisions will lie with the Telecom Disputes Settlement and
should view such a film. Appellate Tribunal (TDSAT)
• These are only recommendatory. Rights and • Data principal will have the right to-
Duties of Data o Obtain information about processing.
Separate certificate • Films with an ‘A’ or ‘S’ certificate will require a separate certificate for
for television/other Principal o Seek correction and erasure of personal data.
exhibition on television, or any other media prescribed by the central
media government. o Grievance redressal.
o Right to nominate a person to exercise rights in case of death or incapacity.
Certificates validity • Certificates will be perpetually valid as opposed to the present validity of 10
years. • Data principals must not register a false or frivolous complaint and furnish any false
particulars.
Revisional powers • The Act omits section 6(1) of the Act as directed by Supreme Court in Union of
of central • Violation of duties will be punishable with a penalty of up to Rs 10,000.
India vs KM Shankarappa Case, 2000 which states that Centre cannot exercise
government revisional powers on films already certified by the CBFC. Obligations of • Data Fiduciary (Entity determining the purpose and means of processing) must-
Data o Ensure the accuracy and completeness of data.
Makes film piracy a • The Act prohibits the unauthorised recording and unauthorised exhibition of films
Fiduciaries o Build reasonable security safeguards to prevent a data breach.
punishable offence and makes it a punishable offence under the provisions of Copyright Act,
o Inform DPBI and affected persons in the event of a breach.
1957.
o Erase personal data as soon as the purpose has been met and retention is not
Penalty • Categorises piracy as a criminal offence, imposing penalties of up to three years
necessary for legal purposes.
in prison, a fine amounting to five per cent of the film's production cost, or
Significant • Central Government may notify any Data Fiduciary as SDF, based on factors such as:
both.
Data o Volume and sensitivity of personal data processed.
6.3.1. OTT REGULATION IN INDIA Fiduciaries o Risk to the rights of data principal
(SDF) o Potential impact on the sovereignty and integrity of India
Why in the news? o Security of the State
Recently, Digital Publisher Content Grievances Council o Risk to electoral democracy
has recommended punitive action on an OTT (over the o Public order
Top) platform invoking the Information Technology Rules • SDF will have certain additional obligations including appointing a data protection
(2021). officer and an independent data auditor and undertaking impact assessment.
Exemptions • Rights of the data principal and obligations of data fiduciaries (except data security) will
What is OTT? not apply in specified cases, including:
• It offers viewers access to movies, TV shows and o For notified agencies, in the interest of security, sovereignty, public order, etc.;
other media directly through the Internet, bypassing o For research, archiving or statistical purposes;
cable or satellite systems. o For start-ups or other notified categories of Data Fiduciaries;
• In India’s regulatory parlance, OTT platforms are o To enforce legal rights and claims;
called ‘publishers of online curated content’. o Prevention and investigation of offences;
o To perform judicial or regulatory functions;
Current mechanism for OTT regulation in India o To process in India personal data of non-residents under foreign contract.
• Existing Laws: Certain laws such as Information • The central government may exempt certain activities in the interest of the security
Technology Act 2000, Indian Penal Code 1860, and and public order.
Indecent Representation of Women (Prohibition) Act Processing of • While processing the personal data of a child, data fiduciary must not undertake:
1986 have been made applicable to the content personal data o processing that is likely to cause any detrimental effect on well-being of child,
generated on OTT Platforms. of children and
• Technology (Intermediary Guidelines and Digital o tracking, behavioural monitoring, or targeted advertising.
Media Ethics Code) Rules 2021 under section 87 (2) Cross-border • Bill allows the transfer of personal data outside India, except to countries restricted
of the Information Technology Act, 2000. Its key provisions include: transfer by the government.

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o Rules gave the Ministry of Information and Broadcasting (I&B) the task of regulating content on OTT Penalties • Act specifies penalties for various offences such as up to Rs 200 crore for non-
and online platforms. fulfilment of obligations for children, and Rs 250 crore for failure to take security
o Code of Ethics for online news, OTT platforms and digital media: This Code of Ethics prescribe the measures to prevent data breaches.
guidelines to be followed by OTT platforms and online news and digital media entities.
o Self-Classification of Content: OTT platforms would self-classify the content into five age-based 6.4.1. DIGITAL SERVICES ACT
categories.
COTP (Cigarettes and Other Why in the news?
U (Universal) U/A 7+ U/A 13+ U/A 16+ A (Adult)
Tobacco Products) film rules The European Union (EU) has confirmed the names of 19 platforms that will be subject to its online content rules
o Parental locks: Platforms would be required to implement
Under these rules, now all OTT under the Digital Services Act (DSA).
parental locks for content classified as U/A 13+ or higher, and
platforms have to display static
reliable age verification mechanisms for content classified as “A”. About Digital Services Act (DSA)
messages and audio-visual
o Co-Regulation Approach: India’s approach to OTT regulation can
disclaimers on the ill effects of •
be termed as a light-touch ‘co-regulation’ model where there is DSA is a first-of-a-kind regulatory toolbox globally and sets a benchmark for a regulatory approach to
tobacco use
‘self-regulation’ at the industry level and final ‘oversight online intermediaries.
mechanism’ at the Ministry level. • In 2020, DSA together with Digital Markets Act (DMA) proposed a comprehensive framework to ensure a
safer, fairer digital space (will be applicable from 2024).
6.4. DIGITAL PERSONAL DATA PROTECTION ACT 2023 o DSA affects gatekeeper platforms like Google, Amazon and Meta, and covers the need for user
consent before processing personal data for targeted advertising.
Why in the news?
Difference between the EU’s DSA and India’s IT Rules, 2021
The President of India recently granted assent to the Digital Personal Data Protection Bill (DPDP), 2023.
Key India’s IT Rules (Information Technology EU’s DSA
Background Provisions Rules, 2021)
Scope Apply to social media intermediaries, digital
DSA applies to a wider range of online
• In 2018, the Supreme Court recognized privacy as a fundamental right in the K.S. Puttaswamy vs. Union
news publishers, and OTT platforms operating
platforms, including social media, online
of India case.
in India, irrespective of their country.
marketplaces, and cloud computing
• Following this, the Justice Srikrishna Committee proposed the initial draft of the Personal Data Protection
services operating in EU, irrespective of
(PDP) Bill in 2018.
their country.
About Digital Personal Data Protection (DPDP) Act 2023 Content Rules require social media intermediaries to DSA proposes a range of compliance
Moderation appoint a grievance officer, a nodal officer, requirements for online platforms,
• It aims to regulate the processing of digital personal data while ensuring individuals' right to protect
and a chief compliance officer, and establish a including content moderation measures,
their data.
mechanism for receiving and resolving transparency obligations, and data
• It protects digital personal data by providing:
complaints from users. protection requirements.
o The obligations of Data Fiduciaries (that is, persons, companies and government entities who process
data) for data processing (that is, collection, storage or any other operation on personal data); • Both are similar in terms of Due Diligence Requirements on social media platforms, Content
o The rights and duties of Data Principals (that is, the person to whom the data relates); Regulation, and a Co-Regulatory approach for monitoring compliance and grievance redressal.
o Financial penalties for breach of rights, duties, and obligations.
6.5. CRIMINAL LAW REFORM ACTS
Key Provisions of the Act
Why in the news?
Specifications Details
Applicability • Processing of digital personal data within India: The President of India granted assent to three significant bills to overhaul the country’s criminal justice system.
o in digital form or
6.5.1. BHARATIYA NYAYA SANHITA 2023
o in non-digital form and digitised subsequently.
• Processing of personal data outside India if it is for offering goods or services in • It replaces the Indian Penal Code (IPC), 1860, the principal law on criminal offences in India.
India.
Background Key-provisions
• Does not apply to:
o Personal data processed for any personal purpose. • Prior to IPC 1860: • For the first time, community service as one of the punishments for
o Personal data that is made or caused to be made publicly available by- Parliamentary Charters and petty offences.
✓ Data Principal to whom such personal data relates; or Acts, East India Company • Increased threshold for gang rape victim to be classified as a
✓ any other person who is under legal obligation to make such personal data Regulations, Hindu law, major, from 16 to 18 years of age.
publicly available. Muslim law, customary law o Also criminalizes sexual intercourse with a woman by
etc. deceitful means or making false promises.
Consent • Personal data may be processed only for a lawful purpose after obtaining the consent
• Draft of Penal Code (1837) • It removes the offence of sedition, and instead penalizes the
of the Data Principal (who shall have the right to withdraw consent at any time).
under Thomas Babington following:
o Consent will not be required for ‘legitimate uses’ including the provision of
Macaulay
benefits or services by the government, medical emergency etc.

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 • Effect of 1857 Rebellion: IPC o Exciting or attempting to excite secession, armed rebellion, or
subversive activities.
6.7. PRESS AND REGISTRATION OF PERIODICALS ACT, 2023
was finally enacted in 1860.
• Post enactment of IPC 1860: o Encouraging feelings of separatist activities, or Why in the news?
o Several Law Commission o Endangering the sovereignty or unity and integrity of India.
The President has granted assent to the Press and Registration of Periodicals Bill, 2023 repealing the colonial
reports have • It defines organized crime as any continuing unlawful activity
era law of the Press and Registration of Books Act, 1867.
recommended including kidnapping, extortion, contract killing, land grabbing,
amendments to the IPC cybercrime etc. Background of The Press and Registration of Books Act 1867
on subjects including • Murder or grievous hurt by a group: on the grounds of race, caste
• Censorship of Press Act of 1799 (under Lord Wellesley): To silence the press before a potential French
offences against or community, sex, place of birth, language, or personal belief
invasion of India. However, it was retracted in 1818 by Lord Hastings.
women, food each member of such group shall be punished with,
• Licensing Regulations (ordinance), 1823 (under John Adams): The Ordinance had a draconian provision
adulteration, death o Death or life imprisonment, and a fine, in case of murder.
that no one could start or continue to use a press without registration.
penalty etc. o Imprisonment for a term of up to seven years, and a fine, in case
o Rammohan Roy’s, Mirat- ul-Akbar had to cease publication due to this act.
of grievous hurt.
• Press Act of 1835 (under Metcalfe): This Act was seen as a ray of liberation and thus earned Metcalfe the
6.5.2. BHARATIYA NAGARIK SURAKSHA SANHITA 2023 respectable title of "Liberator of the Indian Press.
o As a consequence, the Indian vernacular press saw rapid growth across India between 1835 and 1857.
• It Replaces the Criminal Procedure Code, 1973 (CrPC), which provided for the procedure for arrest, • The Licensing Act of 1857: Due to the "Revolt of 1857", this Act emerged, which imposed "licensing
prosecution, and bail under various Acts. restrictions" in addition to the pre-existing "registration procedure".
Background Key Provisions • Press and Registration of Books (PRB) Act 1867 (under John Lawrence): The Act made it mandatory for
• CrPC was first enacted in • Detention of undertrials: First-time offender who have completed every article of print to have the names of the printers, publishers, and the places of publication, printed.
1861 under British rule and one-third of the maximum period of imprisonment shall be released • Further Amendments: The Act was amended many times between 1870 and 1983 but it remained
later substituted by fresh on bond. procedurally cumbersome and complex, especially for small and medium publishers.
Codes successively o If an accused has spent half of maximum period of imprisonment Key provisions of PRP Act, 2023
enacted in 1872 and 1882. specified for an offence, he shall be released by the Court on bail.
o It had undergone ✓ This does not apply to offences punishable by death, life Key provisions Press and Registration of Periodicals Act, 2023
several imprisonment, and persons against whom proceedings are Registration of • Periodicals do not include books or scientific and academic journals. Books are
amendments, most pending in more than one offence. periodicals outside the purview of the act.
importantly in 1898, • Medical examination: Any police officer can request medical Foreign • A facsimile* of a foreign periodical may be printed in India only with the prior
1923 and 1955. examination of the accused in certain cases, including rape cases. periodicals approval of the central government.
• CrPC 1973: The Law • Forensic investigation: Mandatory for offences punishable with at o “facsimile” means an exact reproduction of the original.
Commission of India, in least seven years of imprisonment. Declaration for • It allows the publisher of a periodical to obtain a registration certificate by filing an
its 41st report, • Specimen: It empowers a Magistrate to order any person, to provide printing online application with the Press Registrar General (PRG) and specified local
recommended a specimen signatures, handwriting, finger impressions and voice presses authority.
significant revision of the samples. Registration of • The PRP act, 2023 allows for information regarding printing presses to be
code, which led to the • Timelines for procedures: For instance, submission of medical a printing press submitted through an online portal.
creation of CrPC 1973. reports to investigating officer, giving judgment, informing the victim of Penalties • The 2023 Act seeks to decriminalize the colonial-era statute by replacing jail terms
progress of the investigation and framing of charges. with fines.
Cancelling • The PRP Act 2023 empowers the Press Registrar General to suspend/cancel the
6.5.3. BHARATIYA SAKSHYA ADHINIYAM 2023 Registration Certificate of Registration.
• It replaces the Indian Evidence Act, 1872 (IEA), which governed the admissibility of evidence in Indian • Also, a person who has been convicted of a terrorist act or unlawful activity or has
Courts in all civil and criminal proceedings. acted against the security of the State will not be allowed to publish a periodical.

Background Key Provisions 6.8. TELECOMMUNICATIONS ACT 2023

• The Evidence Act was • Admissibility of electronic or digital records as evidence: will have
enacted in 1872 to the same legal effect as paper records. Why in the news?
consolidate the laws • Allowed Oral evidence: It includes statements made before Courts The President gave his assent to Telecom Bill 2023, to replace the 138-year-old Indian Telegraph Act.
relating to evidence on by witnesses in relation to a fact under inquiry. It allows oral evidence
which the court could to be given electronically. More about the news:
conclude and pronounce • Joint trials: A joint trial refers to the trial of more than one person for the • The act replaces the Indian Telegraph Act, of 1885, the Indian Wireless Telegraphy Act, 1933 and
the judgment. same offence. Telegraph Wires (Unlawful Possession) Act, 1950.
o It also amends the Telecom Regulatory Authority of India (TRAI) Act, 1997.

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o The Act adds that a trial of multiple persons, where an accused has Key Provisions of the Act
absconded or has not responded to an arrest warrant, will be
Key provisions Telecommunications Act 2023
treated as a joint trial.
Assignment of • Spectrum allocation will be through auction and for specified uses on an
Special and Local Laws (SLL) spectrum administrative basis.
• Recent tabling of Bills on criminal laws has kept Special and Local Laws (SLL) away from the ongoing • Specified purposes include:
reform process. o National Security and defense
• Cognizable crimes are broadly categorized as those falling either under the `Indian Penal Code (IPC)' or o Disaster Management
under the Special and Local Laws (SLL)' o Weather Forecasting
o Cognizable offence is defined as the one which an officer in charge of a police station may investigate o Transport
without the order of a magistrate and effect arrest without warrant. o Satellite Services
• About Special and Local Laws (SLL) • For the first time, administrative allocation will be done of spectrum for the
o A “special law” is a law applicable to a particular subject covering specific issues. satellite broadband services, in line with global norms.
✓ Example: Unlawful Activities (Prevention) Act, 1967 (UAPA). Appointments to • TRAI Act has been amended to allow individuals with:
o A “local law” is a law applicable only to a particular part of India. TRAI o at least 30 years of professional experience to serve as the Chairperson, and
✓ Example: Maharashtra Control of Organised Crime Act (MCOCA), 1999 o at least 25 years of professional experience to serve as members.
Adjudication • Appointment of an adjudicating officer to conduct inquiries against civil
6.6. REGISTRATION OF BIRTH AND DEATH (AMENDMENT) ACT, 2023 process offences.
• Appeals against the orders of the Committee, in connection to breach of terms and
Why in the news?
conditions, may be filed with (Telecom dispute settlement and appellate
Recently, the Act to amend the Registration of Birth and Death Act 1969 was passed. tribunal) TDSAT within 30 days.
Background
Protection of • Central government may provide for measures to protect users e.g. prior consent
users to receive specified messages, creation of Do Not Disturb registers, and allowing
• Key features of the Registration of Births and Deaths Act of 1969 users to report malware or specified messages.
o Provides for the appointment of a Registrar General of India by the Central government. Right of way • Entities building infrastructure can seek right of way (facilitating the use of
o Chief Registrar, District Registrar & Registrar to be appointed in every State by the state government property) over public or private property.
for the implementation of the Act in the state, district & local area, respectively. Powers of • Messages can be intercepted, monitored, or blocked on certain grounds
o Provides to obtain an extract from the register related to any birth or death. interception and including Security of the state, public order and prevention of incitement of
o In respect of birth or death occurring in a house, it is the duty of the Head of the house, and in a search offences.
hospital, the medical officer in charge is responsible for reporting. Authorization for • Prior authorization of central government needed to provide, operate, maintain
o A birth certificate can be obtained without the name of the child. telecom-related or expand new telecommunication services and to possess radio equipment.
• The registration of births and deaths falls under the Concurrent List. activities
• This Act had not been amended since its inception. Regulation of • OTT platform will not be regulated under the Telecommunications Act 2023.
Key features of the Birth and Death (Amendment) Act, 2023 OTTs
Other Provisions • Digital Bharat Nidhi: The Bill renames the Universal Service Obligation fund as
• Database of births and deaths: It adds that the Registrar General of India will maintain a national database Digital Bharat Nidhi and allows its use for research and development in telecom
of registered births and deaths. sector.
o Chief Registrars and Registrars will be obligated to share data of registered births and deaths to the
• Trusted sources regime: Which came into being after the 2020 Indo–Chinese
national database.
border skirmishes, to stop imports of telecom equipment from hostile nations
o The Chief Registrar shall maintain a similar database at the state level.
is now part of the law.
• Electronic certificates: Provide digital registration and electronic delivery of certificates of births and
deaths. 6.8.1. INTERNET SHUTDOWNS
• Linking with Aadhaar: To collect Aadhaar numbers of parents and informants in case of birth registration.
• Connecting database: It states that the national database may be made available to other authorities Why in the news?
preparing or maintaining other databases like population registers, electoral rolls, ration cards, etc. As per a recent report, released by the Internet Freedom Foundation (IFF) and Human Rights Watch (HRW),
• Appeal process: Any person aggrieved by any action or order of the Registrar or District Registrar may most internet shutdowns in last 3 years were to curb protests.
appeal to the District Registrar or Chief Registrar, respectively, within 30 days. Internet shutdowns in India
• Internet shutdowns include actions that restrict access to the internet completely or slow down speed,
or restrict certain content.
• Currently, the suspension of telecom services (including internet shutdowns) is governed by Temporary
Suspension of Telecom Services (Public Emergency & Public Safety) Rules, 2017, notified under the
Indian Telegraph Act, 1885.

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 o 2017 Rules provide for a temporary shutdown of telecom services in a region on grounds of public
emergency (up to 15 days at once). 7. IMPORTANT CONSTITUTIONAL/STATUTORY/
The law empowers senior bureaucrats from the home ministry and Centre and state levels to order
o
shutdowns.
EXECUTIVE BODIES IN NEWS
• Key Guidelines proposed by SC in Anuradha Bhasin v. Union of India case (2010)
o An order suspending internet services indefinitely is impermissible under the Temporary
7.1. LOKPAL
Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017. Why in the News? Lokayuktas
o Suspension can be utilised for a temporary duration only.
A high-level search committee has extended the date for • Lokayuktas are state equivalents of
o Any order suspending the internet issued under the Suspension Rules, must adhere to the principle
receiving applications for the posts of chairperson and central Lokpal.
of proportionality and must not extend beyond necessary duration.
members of the anti-corruption ombudsman Lokpal. o Some States already have
o Any order suspending the internet under the Suspension Rules is subject to judicial review.
established Lokayuktas. For
• The court had also declared that freedom of speech and expression as well as freedom of trade and About Lokpal example, Maharashtra in 1971, and
commerce through Internet are constitutionally protected rights under Article 19(1)(a) and Article
• In 1966, the term ‘Lokpal-Lokayukta’, coined by L. M. Kerala in 1999.
19(1)(g).
Singhvi, was first used in a report of the Administrative • They shall have jurisdiction over CM,
Reforms Commission. Ministers, MLAs, all state government
6.9. OTHER IMPORTANT NEWS employees and certain private entities
• Lokpal is a national anti-corruption ombudsman to look
Cable Television • The Ministry of Information and Broadcasting has notified amendments in the into complaints against public servants which are defined (including religious institutions).
Networks Cable Television Networks Rules, 1994 under the Lokpal and Lokayuktas Act, 2013.
(Regulation) Act, o It provides the operational mechanism for implementation of the • According to the Act, there shall be a director of inquiry, not below the rank of joint secretary, who shall be
1995 decriminalized provisions of the Cable Television Networks (Regulation) appointed by the government
Act, 1995. o to conduct preliminary inquiries referred to the Central Vigilance Commission (CVC) by the Lokpal.
• Aim: to make the Cable Television Networks (Regulation) Act, of 1995 more o Though Lokpal came into being in 2019, director of inquiry has not yet been appointed.
business-friendly and to boost investor confidence and ease of doing business.
Lokpal and Lokayuktas Act, 2013
• Sections of the act were re-examined and were decriminalized through the Jan
Vishwas (Amendment of Provision) Act, 2023. Specifications Details
• The imprisonment provisions have been now replaced with monetary penalties Composition • Lokpal consists of a chairperson and a maximum of eight members, of which 50%
and other non-monetary measures like Advisory, Warning, etc. shall be judicial members and 50% shall be from SC/ST/OBCs, minorities and women.
Advocates • The Act, passed by parliament, seeks to make the act of ‘Tout’ punishable and Tenure of • Chairperson and members of Lokpal are appointed for term of five years or until
(Amendment) Act, repeal certain provisions of Legal Practitioners Act, 1879 which have become office attaining age of 70 years, whichever is earlier.
2023 obsolete. Selection • Chairperson and Lokpal Members shall be appointed by President on
• Provisions Committee recommendations of a SC.
o It provides that every high court and district judge can frame and publish (SC) o Selection Committee constitute Prime Minister (Chairperson), LS Speaker,
lists of touts. Leader of Opposition, CJI (or his nominee) and eminent jurist (nominated by
o Such persons named in the list of touts will be excluded from entering the President based on recommendation of other members of panel).
court premises. o As per Lokpal Act of 2013, Department of Personnel and Training needs to create
• Tout refers to a person who either proposes to procure or procures the a list of candidates who are interested to become the chairperson or members of
employment of a legal practitioner in return of any payment. Lokpal.
Commissions of • Government has notified a Commission of Inquiry under Commissions of Confiscation • Acquired by corrupt means, even while prosecution is pending
Inquiry Act, 1952 Inquiry Act, 1952, to inquire into incidents of violence in Manipur. of property
• It authorizes central and state governments to appoint inquiry commissions Timelines for • 60 days for completion of inquiry and 6 months for completion of investigation by
to make inquiries in definite matters of public importance. enquiry, CBI.
o Central government can appoint a commission to make inquiry into any investigation • This period of 6 months can be extended by Lokpal on a written request from CBI.
matter relatable to any of the entries enumerated in List I and III of Power with • Power of superintendence and direction over any investigation agency including CBI for
schedule 7. respect to CBI cases referred to them by Lokpal.
o State governments can appoint commissions for entries enumerated in • Transfer of officers of CBI investigating cases referred by Lokpal would need approval
List II or III of Schedule VII. of Lokpal.
• A commission of inquiry has powers of a civil court. Removal • Lokpal Members and Chairperson shall be removed by President after an inquiry by
Foreign • Ministry of Home Affairs has suspended foreign funding license of CARE India SC. For that, a petition has to be signed by at least 100 Members of Parliament (MP).
Contribution over alleged violations of FCRA. Lokpal • It extends to Prime Minister, Ministers, MP, Group A, B, C and D officers and officials
Regulation Act
Jurisdiction of central government.
(FCRA)
o Any society or trust or body that receives foreign contribution above ₹10 lakh.

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• FCRA was enacted during Emergency in 1976 to regulate foreign donations to

7.2. DELIMITATION COMMISSION
individuals and associations so that they functioned “in a manner consistent
with values of a sovereign democratic republic”. Why in the News?
o It was amended in 2010 to “consolidate the law” on utilization of foreign Delimitations in India
funds, and “to prohibit” their use for “any activities detrimental to
Supreme Court (SC) asks the Centre to set up a fresh • The Delimitation Commission has been set up
national interest”. Delimitation Commission to ensure a proportional four times since independence i.e. in 1952,
representation of the communities specified as 1963, 1973, and 2002.
• Law was amended again in 2020, giving the government tighter control and
scrutiny over receipt and utilisation of foreign funds by NGOs.
Scheduled Castes (SCs) and Scheduled Tribes (STs), • In 1976, the 42nd Constitutional Amendment
as mandated under the Constitution. froze this delimitation exercise until the first
Enemy properties • Enemy property refers to property or assets held or managed on behalf of an
enemy, enemy subject or an enemy company. Delimitation Commission Census after 2000 was published.
o “Enemy” or “enemy subject” or “enemy firm” means a person or country • In 2002, the 84th Constitutional Amendment
• Article 82: Parliament enacts a Delimitation Act. further extended the freeze for 25 years till 2026.
who or which was an enemy under the Defence of India Act (DoI), 1962 and
• It is responsible for the readjustment of the
DoI Rules, 1962 or the DoI Act, 1971 and DoI Rules, 1971.
constituencies (number and boundaries) of Lok Sabha and State Assemblies after every Census.
o To administer these properties, the Enemy Property Act was enacted in
1968. • Its decisions are considered final and are unchallengeable in any court.
o The law empowered the Custodian of Enemy Properties in India (CEPI), • The copies of its orders are laid before the House of the People and the State Legislative Assembly
Under Ministry of Home Affairs, to manage and preserve the enemy concerned, but no modifications are permissible therein by them.
properties. • Composition:
• In 2017, The Enemy Property (Amendment and Validation) Act was enacted which o A SC judge (Current or retired) acts as Chairman.
allows transfer of enemy property from the enemy to other persons. o The Chief Election Commissioner of India or an Election Commissioner nominated by him/her.
o Respective State’s Election Commissioner.

7.3. DIRECTORATE OF ENFORCEMENT

Why in the news?
Recently, Supreme Court declared the third extension
given to the Directorate of Enforcement (ED) chief
invalid.
Powers of the Directorate of Enforcement
• Power to seize assets
• Power to summon: Same power as a civil court
regarding discovery, inspection, production of
evidence, summons, examining, issuing commissions,
etc.
• Power to arrest: Can investigate and make arrests for
violation of the PMLA 2002 and FEMA 1999 without
waiting for registration of a formal FIR by police.
• Record Admissibility: In 2022, the Supreme Court
ruled that statements recorded by ED officials can be
admitted as evidence in court
• Recovery of Fines, Penalties and Arrears of Penalties: Under the FEMA act.

7.4. CENTRAL BUREAU OF INVESTIGATION (CBI)

Why in the news? In case of Specific consent, CBI would have to apply
Tamil Nadu withdraws general consent accorded to the state government in every case.
to CBI to probe cases in state. • If specific consent is not granted, the CBI officials
will not have the power of police personnel when
they enter that state.
o Withdrawal is not applicable to cases in which
the investigation is already in progress.

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 CBI Investigations
7.6. OTHER IMPORTANT NEWS
• Anti-corruption: These are usually registered
against public officials, and employees of union Competition Ravneet Kaur has become the first woman chairperson of CCI.
government. Commission of
o The superintendence of CBI related to the India (CCI)
investigation of offences under the
Prevention of Corruption Act, 1988 lies with
CVC.
• Special crimes: Investigation of serious and
organized crime under IPC on requests of State
Governments or on orders of Supreme Court and
High Courts.
• Economic offences: Crimes of financial
malfeasance, bank frauds, money laundering,
black money operations etc. However, CBI usually
transfers cases of money laundering to ED.
• Suo-moto: CBI can suo-moto take up
investigation of offences only in the UTs. Global Alliance • It was established in 1993 as International Coordinating Committee of National
o The Centre holds the power to authorize the of National Institutions for promotion and protection of human rights (ICC).
CBI to investigate a crime in the state only Human Rights • General Assembly is GANHRI’s supreme deliberative body.
after the consent of concerned state. Institutions • Bureau is the GANHRI executive committee. It is comprised of 16 members, 4 from
o However, SC and High Courts can order CBI (GANHRI) each of GANHRI regional networks of Africa, Americas, Asia-Pacific, and Europe.
to investigate a crime anywhere in country • HQ: Geneva, Switzerland.
without consent of the state. Appointments • ACC has approved appointment for the post of Director of the Special Protection
About General Consent Committee of Group (SPG), the force that handles the security of the PM.
the Cabinet • About ACC:
• It is required under section 6 of Delhi Special (ACC) o It decides all higher-level appointments in Central Secretariat, Public
Police Establishment Act, 1946. Enterprises, Banks and Financial Institutions.
o The consent of the state government to CBI o It is chaired by the PM.
can be either general or case specific. o Minister of Home Affairs is also a member.
• General consent is consent by default. Press Press Information Bureau (PIB) marked its centennial anniversary.
o Recently multiple States have withdrawn General Consent like West Bengal, Mizoram, Punjab etc. Information
• Exception to general consent Bureau (PIB)
o The Supreme Court and High Courts can order CBI to investigate a crime anywhere in the country
without consent of the state.
o Consent does not apply in cases where someone has been caught red-handed taking a bribe.

7.5. NATIONAL CADET CORPS (NCC)

Why in the News?
National Cadet Corps (NCC), the largest uniformed youth organization in the world, celebrated its 75th
Anniversary in 2023.
About NCC
• It came into existence under the ‘The National Cadet Corps Act 1948’.
o Pandit H.N. Kunzru committee recommended a cadet organization to be established in schools and
colleges at a national level.
• Aim: To create organized, trained and motivated youth to provide leadership in all walks of life and always
available for the service of the nation.
• It’s a Tri-Services Organization comprising the Army, the Navy, and the Air Wing.
• Headquarter: New Delhi

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• NCC Directorate: NCC at the state level is divided into 17 Directorates, in which each state or group of National • NCGG has completed the training of 24th batch of Maldivian Civil Servants.
states or UTs forms a Directorate. Centre for • About NCGG
• Nature of the NCC Programme: Voluntary Good o Genesis: Set up in 2014 under Ministry of Personnel, Public Grievances and
o The students have no liability for active military service. Governance Pensions.
• NCC offers three types of certificates based on duration. (NCGG) o Governing Body: Headed by Cabinet Secretary.
o Objectives: Improve governance, policy reforms, capacity building and training of
NCC vs National Service Scheme (NSS) civil servants and technocrats of India and other developing countries.
• While both are voluntary in nature, there are certain differences. ✓ Function as a national repository of information on best practices,
initiatives and methodologies that promote good governance.
National • NIA conducted searches at various locations to locate those involved in attack on
Investigation High Commission of India in London.
Agency (NIA) • NIA was formed under NIA Act 2008, in the aftermath of 26/11 attacks.
o It is a federal counter-terror agency that can take suo-motu cognizance of
terrorist activity in any part of India.
o NIA (Amendment) Act, 2019 empowered NIA to investigate scheduled offenses
committed outside India, subject to international treaties and domestic laws of
other countries.
✓ Act 2019 also empowered the centre to designate sessions court as special
court for NIA trials.
Cabinet • Cabinet Secretary was granted extension for another year.
Secretary (CS) • About CS
o Appointed by the Appointments Committee of the Cabinet (ACC) on seniority-
cum-merit basis
o CS is responsible for administration of the GoI (Allocation of Business) Rules, 1961
and GoI (Transaction of Business) Rules, 1961
o CS is also the head of Civil Services Board (CSB)

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 8. IMPORTANT ASPECTS OF GOVERNANCE 8.3. AADHAAR
Why in the news?
8.1. MISSION KARMAYOGI
The Ministry of Electronics and Information Technology has proposed rules to enable Aadhaar authentication by
Why in the News? Good Governance Day entities other than Government Ministries and Key Features of Aadhar
On Good Governance Day, Ministry of Personnel, Public Grievances & Since 2014, it is celebrated on 25th Departments for better delivery of services to • Uniqueness: It is a 12-digit unique number, and
Pensions launched Extended Version of Mission Karmayogi December in honour of former citizens. no resident can have a duplicate number since it
Prime Minister Shri Atal Bihari is linked to their individual biometrics.
About Mission Karmayogi More in news
Vajpayee to promote citizen-
•
Random Number: Does not capture details like
• Mission Karmayogi (National Programme for Civil Services centric, efficient and transparent • At present, Ministries and Departments are caste, religion, income, health, geography, etc.
governance and improve service allowed to undertake Aadhaar Authentication
Capacity Building) aims at building a future-ready civil service • Scalable technology Architecture. Resident's
with right attitude (innovative, professional, etc.), skills delivery. under 2020 rules.
data is stored centrally, and authentication can
(technology enabled) and knowledge aligned to the vision of o It is allowed for purposes like in the interest
be done online from anywhere in the country.
of good governance, preventing leakage of
New India. • Targeted Delivery Aadhaar is mandatory for
• New features launched on Mission Karmayogi platform public funds and enablement of innovation
receiving subsidy or benefits under section 7 and
o My iGOT: Delivers targeted training courses of individual and spread of knowledge.
filing income tax return.
officer. • Entities such as banks and telecom companies • Proof of address and Identity: It serves as proof
o Blended Programs: Facilitate equitable access to training were allowed to perform authentication if UIDAI of identity and proof of address for residents of
methodologies across all levels and integrates offline was satisfied with standards of privacy and India. Aadhaar is not a proof of citizenship.
classroom courses with online learning components. security. • Electronics Benefit Transfers: The UID-enabled-
o VIKAS (Variable & Immersive Karmayogi Advanced • Now, it is proposed that any entity other than a Bank-Account network will offer a secure and
Support): New blended learning programme for ministry or department that desires to use low-cost platform to directly remit benefits to
management of civil servants in Central Secretariat. Aadhaar authentication needs to submit its residents.
o Curated Programs: Cater diverse learning needs of proposal to the concerned ministry/department at the Centre or state level.
Ministries/Departments and Training Institutions.
o 12 domain specific capacity building e-learning courses Key-technology features
have been developed. • Biometrics based de-duplication: Biometric Service Providers (BSPs) presently operational use Facial
• Instructions have been issued regarding acceptance of awards image as additional biometric attribute for de-duplication along with 10 fingerprints and two IRIS.
by Government servants from Private Bodies and Institutes, • Biometric fraud detection: Biometric Service Providers (BSPs) can currently detect mixed biometrics,
in accordance with Rule 14 of Central civil Services wrong fingers, non-human fingers, gummy fingers, inverted IRIS images, and closed eyes during enrolment.
(Conduct) Rules, 1964.
o Central Civil Services (Conduct) Rules, 1964 govern the Constitutionality of Aadhaar Act (Justice K.S. Puttaswamy v UoI)
conduct of government employees in India. • Aadhaar Targeted Delivery of Financial and other Subsidies, Benefits and Services Act, 2016
(Aadhaar Act) was challenged before the apex court on the grounds that it was passed as a money
Karamyogi Prarambh bill, thereby circumventing the upper house of Parliament.
• It is an online orientation programme under the Ministry of Personnel, Public Grievances and Pensions. • In its K.S. Puttaswamy v UoI judgment (2018), top court affirmed the constitutionality of the
• The programme aims to provide all the necessary details related to government policies for newly Aadhaar act.
appointees recruited through Rozgar Melas.
• Key Observations:
o It includes a set of eight courses curated to help all Rozgar Mela appointees.
o Act was competently passed by Parliament, even though it was passed as a Money Bill.
• It falls under the ambit of Mission Karmayogi.
o Act does not violate the fundamental rights guaranteed under Articles 14, 15, 19 and 21.
o Aadhaar would be mandatory for accessing social welfare schemes, but it cannot be forced on
8.2. RIGHT TO INFORMATION (RTI) people for opening bank accounts or for mobile and internet connection.
Why in the news?
Recently, the Supreme Court directed the Centre and State governments to fill the vacancies in the Central
Information Commission (CIC) and State Information Commission (SIC)
About the Right to Information (RTI)
• RTI means that any Indian citizen can request any information (which is supposed to be public knowledge)
from offices and departments of state or central governments.
• Nodal agency: Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public
Grievances and Pensions.
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• Key Provisions of RTI Act, 2005:

o Section 2(h): Public authority means any authority constituted-
✓ by or under the Constitution.
✓ by any other law made by Parliament/State Legislature.
✓ by notification issued or order made by the appropriate Government, and includes any
▪ body owned, controlled or substantially
financed.
▪ non-Government organisation
substantially financed, directly or
indirectly by funds provided by the
appropriate Government.
o Section 6 (1): A person, who desires to obtain
any information, shall make a request in writing
or through electronic means to the Central
Public Information Officer (PIO) or State PIO.
o Section 7: Fixes the time limit for providing
information(s) by PIOs.
o Section 8: Exemption from disclosure of
information.
• Exemptions under RTI Act 2005
o Section 24 of the RTI Act says that this law is
not applicable to the intelligence and security 8.4. REGULATION OF ONLINE GAMING
organizations specified in the Second Why in the News?
Schedule.
✓ However, information pertaining to The Ministry of Electronics and Information Technology (MeiTY) has amended the Information Technology
allegations of corruption and human (Intermediary Guidelines and Digital Media Ethics Code) Rules (IT Rules) 2021.
rights violations shall not be excluded. More on News
o The second Schedule includes, under its ambit
institutions like RAW, IB, CERT-in etc. • The aim is to enforce greater due diligence by online gaming and social media intermediaries in respect
• Other exemptions under RTI Act 2005 includes. of online games & fake or false misleading information related to Government business.
o Section 8(1): Lists all of the exemptions of the • The rules and amendments to IT Rules 2021 have been brought out under Section 87 of the Information
information (refer table), Technology Act, 2000.
o IT Rules 2021 were brought out for regulating social media intermediaries.
Whose disclosure would prejudicially affect Including commercial confidence, trade secrets
sovereignty and integrity of India, security, or intellectual property, disclosure of which would Key Features of the Rules on Online Gaming
strategic, scientific, or economic interests harm competitive position of a third party, unless • Clear definitions:
of State, relation with foreign State or lead to competent authority is satisfied that larger o “Online games” mean a game that is offered on the Internet and is accessible by a user through a
incitement of offence; public interest warrants disclosure of such computer resource or an intermediary.
information o “Online gaming intermediary (OGI)” means any intermediary that enables the users of its computer
Which may constitute contempt of court. The disclosure of which would endanger life or resource to access one or more online games.
physical safety of any person; • Role of Intermediaries: To make a reasonable effort to not host, publish or share any online game that
That would cause a breach of legislative Which would impede the process of investigation can cause the user harm, or that has not been verified as a permissible online game by an online gaming
privilege. or apprehension or prosecution of offenders Self-Regulatory Body/Bodies (SRBs) designated by the Central Government.
o The intermediary will also have to ensure that no advertisement or surrogate advertisement or
Received in confidence from foreign Cabinet papers, which come under specified promotion of an online game that is not a permissible online game, is hosted on its platform.
government exemptions • Additional Obligations on OGI: The amended rules cast additional obligations on OGI in relation to online
Available to a person in his fiduciary Which relates to personal information the games involving real money. These include:
relationship, unless competent authority is disclosure of which has not relationship to any o The displaying of a mark of verification by the self-regulatory body on such games;
satisfied that larger public interest warrants public activity or interest, or which would cause o Informing their users of the policy for withdrawal or refund of the deposit;
disclosure of such information unwarranted invasion of the privacy. o Obtaining the KYC details of the users; and
o Section 8(2): Information exempted under sub-section (1) and Official Secrets Act, 1923 can be o Not giving credit or enabling financing by third parties to the users.
disclosed if the public interest in disclosure outweighs the harm to the protected interest.

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 • Multiple SRBs: The MeiTY may notify multiple SRBs, for the purposes of verifying an Online game as a • Types of Rights under Section 3 of the FRA Act
permissible one. An SRB should fulfil the following criteria: o Individual Forest Rights (IFR): Right to hold and live in the forest land under the individual or common
o Company registered under Section 8 (Not-for-Profit entity) of the Companies Act 2013. occupation for habitation or self-cultivation for livelihood.
o Representative of the online gaming industry, promoting online games in a responsible manner. o Community Forest Rights (CFR): Seeks to restore all customary and traditional rights of forest-dwelling
o Incorporates provisions related to grievance redressal, arm’s length principle, disclosure and communities. Three-tier approval process:
reporting and clear criteria for membership. ✓ It will be within the traditional or customary
• Gram Sabha is the primary authority for
• Authority of SRBs: The SRB may categorise any Game as a permissible game if it is satisfied that: boundaries of the village, irrespective of the
initiating the whole process by receiving
o the online game does not involve wagering on any outcome, ownership, classification, and size of forests.
and verifying the claims.
o the OGI and the game comply with the rules and the requirements under law for being competent to o Community forest resource management rights:
• Aggrieved person from the resolution of
enter into a contract (currently at 18 years), and Right of ownership, access to collect, use, and
the Gram Sabha may file a petition to the
o the OGI and the game complies with the framework made by the SRB regarding safeguards. dispose minor forest produce which has been
Sub-division-level committee (SDLC)
• Prohibition: Online games that involve any kind of gambling (including ads) will be prohibited. traditionally collected within or outside village
• Any person aggrieved by the decision of
boundaries.
the SDLC may file a petition to the
8.5. CONSUMER PROTECTION IN INDIA • Nodal Agency for Implementation: State
district-level committee (DLC).
Governments/UT Administrations.
Why in the news? o Decision of the DLC on the record of
• Role of Gram Sabha: It is the authority to initiate the
forest rights shall be final and
Recent finding suggests that the pendency in the consumer commissions has shown a declining trend (from process for determining the nature and extent of
binding.
5.55 lakhs in December 2022 to 5.45 lakhs in September 2023). individual or community forest rights or both.
• Land titles: The act recognises the rights of an individual or family or community on the land however claim
Who is a Consumer?
should not exceed more than four hectares.
• Under the Consumer Protection Act (CPA) 2019, a consumer is a person who buys any goods or avails o The land title given under the FRA is a legal title.
services for a consideration, which has been paid or promised, or partly paid and partly promised, or o Land Rights conferred by the Act were heritable (Section 4(4) of FRA), but not transferable or
under any scheme of deferred payment. alienable.
o It applies to both offline and online transactions through electronic means or by teleshopping or direct • Diversion of forest land for local development rights: Establishment of schools, dispensaries, or
selling or multilevel marketing. hospitals,
• However, any person who obtains goods or Anganwadi centres,
avails services for resale or commercial etc.
purposes is not treated as a consumer and is • Protected Areas:
outside the scope of CPA 2019. FRA is applicable in
National Parks,
Measures Taken for Consumer Protection in India
Wildlife
• Consumer Protection Act (CPA) 2019: It Sanctuaries, and
provides for the Central Consumer Protection Tiger Reserves.
Authority (CCPA) • Act is important to
• Consumer Protection (Jurisdiction of District protect the right to
Commission, State Commission and National intellectual
Commission) Rules, 2021: To provide simple, property and traditional knowledge related to biodiversity and cultural diversity.
speedy, and inexpensive redressal of consumer
disputes, CPA 2019 envisages 3-tier quasi- 8.8. OTHER IMPORTANT NEWS
judicial machinery at National, State and District levels.
• ConfoNet Project: It stands for Computerization and Computer Networking of Consumer Fora in the e-governed • Kerala has become the first full ‘e-governed state’ in India.
country. It was implemented in the backdrop of CPA, 1986. State • It has digitized a range of government services, ensuring prompt and transparent
o It aims to improve operational efficiency, coordination, accessibility, and speed in judicial delivery to its citizens.
administration and to set Information Communication Technology (ICT) infrastructure at Consumer • E-governance, meaning ‘electronic governance’ is using ICTs such as Wide Area
Redressal commissions all over India. Networks, the Internet, and mobile computing for the purpose of enhancing
• Integrated Grievance Redress Mechanism (INGRAM) portal: It was developed under the aegis of the governance.
Department of Consumer Affairs to create awareness, advise, and redress consumer grievances and • Initiatives of Kerala:
act as a central registry for lodging consumer grievances. o Kerala Fibre Optic Network (KFON) project, which has made internet access a
• E-Daakhil Portal: It provides a hassle-free, speedy and inexpensive facility to consumers around the citizen's right.
country to conveniently approach the relevant consumer forum, dispensing the need to travel and be o e-Sevanam, a single portal for 900 public services to taluk-level offices.
physically present. Demarcation • Centre has demarcated the role of both ministries to remove the possibility of
• Certification markers: To protect and sensitize consumers regarding quality standards. of Roles of duplicity of regulations on digital markets.

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MCA And o India’s digital market is expected to touch $ 1 trillion by 2025-26.

8.6. GUIDELINES FOR CELEBRITIES, INFLUENCERS, AND VIRTUAL Meity • The Ministry of Corporate Affairs (MCA) would be the nodal Ministry to look into all
INFLUENCER the competition issues in the digital market.
Why in the news? • Ministry of Information Technology (MeitY) will look into sector-specific issues.
Guidelines for Prevention of Misleading • The government is working towards introducing legislation, including Digital India Act
The Advertising Standards Council of India (ASCI) Advertisements and Endorsements for Misleading and Digital Competition Law, for regulating various facets of the digital market in India.
has released the comprehensive Guidelines for Advertisements 2022 Panchayat • Recently, it is released by the Union Ministry of Panchayati Raj.
Influencer Advertising in Digital Media. • Key Provisions of Guidelines: Development o It provides a matrix to monitor and evaluate the progress of panchayats through
More on the news o Prohibit Surrogate Advertisements: No Index (PDI) the scores achieved by them.
surrogate advertisement (like Alcohol brands o It ranks panchayats on the basis of scores and categorize them into four grades.
• These guidelines are an extension to the advertising for sodas/music) shall be made o Grades include A (75 to 90%), B (60-75), C (40-60%) and D (under 40%).
Guidelines for Prevention of Misleading for goods or services whose advertising is AAINA Ministry of Housing & Urban Affairs launched
Advertisements and Endorsements for prohibited or restricted. Dashboard ‘AAINA Dashboard for Cities’ portal.
Misleading Advertisements, 2022. o Prohibit Targeting Children: for Cities • It will provide information on status and
• Department of Consumer Affairs, Consumer Advertisements that take advantage of progress of cities on five broad thematic
Affairs Ministry will actively monitor and enforce children’s inexperience have been areas
these guidelines. prohibited. • Digital India Corporation (DIC) will provide
• Influencers found to be in violation of the new o Penalties: Violations may lead to penalties handholding to ULBs / States in the data
guidelines could face penalties under the under the Consumer Protection Act 2019 submission process.
Consumer Protection Act (2019) and other relevant provisions of the law. o DIC provides strategic support to
✓ CCPA can impose a penalty of up to Rs 10 Ministries/Departments for carrying
Key Provisions for celebrities, influencers, and
lakh on manufacturers, advertisers, and forward Digital India Mission
virtual influencers
endorsers. For subsequent offences, a
• Guidelines for All: penalty can go up to Rs 50 lakh.
o Disclosure: All material connection (such Guidelines It is issued by Department of Personnel and Training
as monetary or other compensation, free products) between the advertiser and the influencer. on • Key Provisions of Guidelines
✓ It must be upfront and prominent so that it is not missed by an average consumer. Acceptance o Awards given by Private Bodies or Organizations may be accepted only with prior
✓ Terms including advertisement, sponsored, collaboration, and paid promotion can be used, of Awards by approval of Competent Authority.
which must be indicated as a hashtag or headline text. Government o Competent Authority would be Secretary of the concerned Ministry/
o Due Diligence: Endorsers are encouraged to conduct a thorough review and ensure they are in a Servants Department.
position to substantiate the claims made in the advertisement. o Competent Authority may grant approval subject to the following conditions:
✓ They must use or experience a product or service before endorsement. ✓ Award should not have any monetary component.
✓ Influencers must refrain from making false, misleading, or exaggerated claims. ✓ Credentials of Private Bodies should be trustworthy.
• For Health Influencer: Article • Recently, Jammu & Kashmir government terminated four government employees
o Disclose Certification: Endorsers must disclose that they are certified health/fitness experts and 311(2)(c) under Article 311 (2)(c), for being a “threat to the security of the state”.
medical practitioners.
• Article 311 (1): It provides that no civil servant under Union or State shall be
o Disclaimer: Endorsers must ensure that the audience understands that their endorsements should
dismissed or removed by an authority subordinate to that by which he was appointed.
not be seen as a substitute for professional medical advice.
• Article 311 (2): It provides that no civil servant shall be dismissed or removed or
• For influencers:
reduced in rank except
o Registration: Can offer investment-related advice {with subjects like banking, financial services, and
o after an inquiry in which he has been informed of the charges against him and
insurance (BFSI)} only after registering with the Securities and Exchange Board of India (SEBI).
o given a reasonable opportunity of being heard.
✓ Other financial influencers must also possess appropriate credentials, such as a licence from the
• Article 311 (2) (c): It allows the government to terminate employees without ordering
Insurance Regulatory and Development Authority of India (IRDAI).
an inquiry or giving them an opportunity to explain their position if the
o President or the Governor, as the case may be, is satisfied that in the interest of
8.7. SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS the security of the State, it is not expedient to hold such inquiry.
(RECOGNITION OF FOREST RIGHTS) ACT, 2006
Why in the News?
Recently it was reported that the states have rejected nearly 40% of the land claims under the Forest Right Act. Copyright © by Vision IAS
About Forest Rights Act (FRA), 2006 All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or
transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise,
• It recognizes the rights of the forest-dwelling tribal communities (FDST) and other traditional forest dwellers
without prior permission of Vision IAS.
(OTFD) to forest resources.
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