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We are elated to present you the fourth edition of Kalam Mains Improvement Booklet 2024. It contains
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Page |1
 TABLE OF CONTENTS
1 INDIAN CONSTITUTION
2 Functions and Responsibilities of the Union and the States
3 Issues and Challenges pertaining to the Federal Structure
Devolution of Powers and Finances up to Local Levels and Challenges
4
Therein
Separation of Powers between various organs, Dispute Redressal
5
Mechanisms and Institutions
6 Parliament and State legislatures
7 Judiciary
8 Bodies
Pressure groups and formal/informal associations and their role in the
9
Polity
10 Salient features of the Representation of People’s Act
11 Elections
12 Role of NGOs
13 Self Help Groups (SHGs)
14 Important aspects of governance, transparency and accountability
15 E-Governance
16 Role of Civil Services in a Democracy

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 1 INDIAN CONSTITUTION
1.1 Doctrine of Basic Structure
1) Definition – Doctrine of basic structure: Parliament’s power to amend the constitution under Article 368 is
subject to one restriction i.e., it should not dilute or violate the basic structure or framework of the
constitution. E.g., supremacy of the constitution, rule of law, sovereignty, liberty and republic nature of
Indian polity, judicial review, secularism etc.
2) Constitutional articles:
a) Article 13 – Judicial review: All laws that are inconsistent with Part III (Fundamental Rights) of the
Constitution shall be void.
b) Article 368 – Power of Parliament to amend Constitution: Parliament may amend any provision of the
Constitution in accordance with the procedure laid down in this article.
3) Evolution towards doctrine of basic structure-
a) Shankari Prasad vs Union of India case, 1951: Parliament can amend any part of the constitution.
(A.368 > A.13)
b) Golak Nath vs State of Punjab case, 1967: Parliament cannot amend any provision under Part III of the
constitution i.e., Fundamental Rights. (A.13 > A.368)
c) Keshavanand Bharti vs State of Kerala case, 1973: Outlined the basic structure doctrine.
d) Minerva Mills vs Union of India case, 1980: Ascertained that the power of the parliament to amend the
constitution is limited by the Constitution.
i) Judicial review and harmony & balance between fundamental rights and directive principles were
added to the basic feature.
9th Schedule of the Constitution and I. R. Coelho case, 2007
1) The Ninth Schedule of the Constitution: Contains a list of central and state laws which cannot be challenged in courts.
2) I.R. Coelho case judgement: Judicial review is applicable on all provisions in the ninth schedule of the Constitution added
after 24th April, 1973 (Keshavananda Bharti case judgment).

1.2 Right to protest

1) Right to protest is a fundamental right under:
a) Article 19(1)(a): Right to freedom of speech and expression.
b) Article 19(1)(b): The right to assemble peaceably and without arms.
2) Fundamental Duty under Article 51A(i) – To safeguard public property and to abjure violence.
3) Related Supreme Court Judgments:
a) Himmat Lal vs Police Commissioner, Bombay case, 1972: Supreme Court struck down a rule that
empowered the police commissioner to impose a total ban on all public meetings and processions. State
could only make regulations and could impose reasonable restrictions in the interest of public order.
b) Ramlila Maidan Incident vs Union of India case, 2012: Citizens have a fundamental right to assembly and
peaceful protest that cannot be taken away by an arbitrary executive or legislative act.
c) Supreme Court Judgments in Shaheen Bagh protest related cases: Upheld the right to peaceful protest
against the law, but public ways and public spaces cannot be occupied indefinitely.
d) Supreme Court Judgments on cases regarding farm law protests: Farmers have right to protest, but can’t
block roads.

Page |3
1.3 Cooperatives
1) Definition – Cooperatives: According to ILO, a Characteristics of cooperative societies:
cooperative is an "autonomous association of persons
1) Voluntary formation and participation
united voluntarily to meet their common economic,
2) One vote per member: Head of cooperative
social and cultural needs and aspirations through a jointly
elected by members.
owned and democratically controlled enterprise."
3) Independent body
2) Laws governing cooperatives in India:
4) Mutual benefit: Advantageous for middle
a) Right to form cooperative societies is fundamental
and low-income brackets.
right under Article 19.
5) Low financial risk: Collective responsibility in
b) The Co-operative Societies Act, 1912: registration of
case of losses like crop failure.
co-operative societies, their powers, duties, as well as
6) Common good objective: Offer support and
of its members.
assistance.
c) The Multi-State Cooperative Societies Act, 2002:
7) Distribution of profits
amended laws relating to co-operative societies
8) Professional management
whose objectives are not confined to a single state.
d) 97th Constitutional Amendment Act, 2011: It aims to overcome all the problems faced by cooperative
societies and bring about an efficient way to manage them.
i) Amended Article 19(1)(c)
ii) Inserted Article 43B in Part IV of the Constitution as “The State shall endeavour to promote voluntary
formation, autonomous functioning, democratic control, and professional management of the Co-
operative societies.
iii) Inserted Part IX-B to the Constitution.
3) Recent Supreme court judgments on 97th Constitutional Amendment Act, 2011: Court followed doctrine of
severability: Declared that Part IX-B of the Constitution of India is operative insofar as Multi-State Cooperative
Societies are concerned.
Judicial doctrines in news
1) Doctrine of Pith and Substance: Means “true nature and character” of an act to be ascertained when its
legality is in question and not the incidental features.
2) Doctrine of Colourable Legislation: Strictly prohibits doing indirect things when it is not allowed to do so
directly.
3) Doctrine of Harmonious construction: A provision of the statute should not be interpreted or construed in
isolation but as a whole, so as to remove any inconsistency or repugnancy.
4) Doctrine of Eclipse: Any rule which interferes with the fundamental rights is invalid.
5) Doctrine of Incidental and Ancillary Powers: The power to legislate on a subject will automatically include the
power to legislate even on the subordinate (ancillary) matters which happen to be reasonably connected to
the subject of the matter.
6) Doctrine of Severability: If there is any offending part in the statute, then the only offending part is declared
void and not the entire statute.
7) Doctrine of Territorial Nexus: Laws made by a state legislature are not applicable outside the state, except
when there is a sufficient nexus between the state and the object.

1.4 Sedition
1) Definition – Sedition: Section 124A, is defined as any action that brings or attempts to bring hatred or
contempt towards the government of India and has been illegal in India since 1870.

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2) Recent Update: May, 2022 - The Supreme Court put the sedition law on hold and urged the Centre and state
governments to refrain from lodging FIRs under Section 124A (sedition) of the Indian Penal Code until the
Centre re-examines its provisions.
3) Bharatiya Sanhita Suraksha Act, 2023 to replace the Indian Penal Code, Code of Criminal Procedure and Indian
Evidence Act- law on sedition has been repealed.
a) Section 150 of The Bharatiya Nyaya Sanhita Act, 2023 deals with the offence of sedition. However, it does
not use the word sedition but describes the offence as “endangering sovereignty, unity and integrity of
India.”
4) Relevant facts:
a) National Crime Records Bureau data- 399 cases of sedition registered in India between 2014 and 2020,
convictions were granted in only 8 cases. Low conviction rate: In 2019 at 3.3%.
b) Rising cases: Between 2016 and 2019, the number of sedition cases rose by 160 per cent (93 cases).
5) Related Supreme Court Judgments on defining the limits of sedition:
a) Kedar Nath vs State of Bihar case, 1962: Supreme Court upheld the constitutional validity of the sedition
law under IPC.
i) SC defined the scope of Section 124A: Only applicable when there is an intent or tendency to disturb
law and order or that seem to incite violence.
b) Supreme Court judgment in 2011: Only speech that amounts to “incitement to imminent lawless action” can
be criminalised.
c) Balwant Singh vs State of Punjab case, 1995: Acts like raising slogans that is not likely to incite any
violence in the minds of the target audience did not amount to sedition.
6) Law Commission 2018: While retaining the offence of sedition was essential to protect national integrity, it
should not be used as a tool to curb free speech.
7) K.M. Munshi in Constituent Assembly debates: “As a matter of fact the essence of democracy is criticism of
Government.”

HATE SPEECH

1) Not defined in any law

2) Incitement to hatred, primarily against a group of persons.
3) Forms of expression: images, cartoons, memes, gestures and symbols.
4) Constitutional provision: Article 19(2) - Reasonable Restrictions, Public order, Incitement to offence and Security
of the State.
5) Judicial pronouncements:
a) Shreya Singhal vs Union of India (2015): SC held that reasonable restrictions under Article 19(2) on free
speech and expression may be imposed only if it incites violence or leads to public disorder.
b) Amish Devgan vs Union of India (2020): SC highlights the need to balance the competing interests of free
speech and prevent the spread of hatred and communal disharmony.
1.5 Uniform Civil Code
1) Definition – A uniform civil code will mean a set of common personal law for all citizens.
2) Relevant facts:
a) The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the
codification of Indian law.
b) Goa has uniform civil code which is applicable to all regardless of religion except while protecting certain
limited rights.

Page |5
 c) Feb 2024: Uttarakhand Assembly ‘creates history’- become the first legislature in independent India to
pass a Uniform Civil Code Bill that imposes common rules for all communities — except Scheduled Tribes
— on marriage, divorce, inheritances, and live-in relationships.
3) The Constituent Assembly had put the UCC under the Directive Principles of State Policy (DPSP) Article 44
having considered the UCC as desirable but voluntary.
4) Related Supreme Court Judgments:
a) Shah Bano case (1985): The Supreme Court recommended to have Uniform civil code.
b) Sarla Mudgal v. Union of India (1995): The Supreme Court directed the Government to reflect the steps
taken towards securing a UCC for the citizens of India.
c) Pannalal Bansilal Patil v. State of Andhra Pradesh (1996): Gradual progressive change should be brought
about. While a uniform law is desirable, its enactment in one go might be counter-productive to the unity
and integrity of the nation.
d) John Vallamattom and Ors. v. Union of India (2003): There is no necessary connection between religious
and personal law in a civilized society. Matters of secular character like marriage cannot be brought within
the guarantee enshrined under Article 25 and 26.
5) Law Commission:
a) 21st Law Commission Said Uniform civil code neither necessary nor desirable at this stage in the country.
b) 22nd Law Commission of India has sought fresh suggestions on uniform civil code.

1.6 Right to Religion

1) Related constitutional articles:
a) Article 25 - Freedom of conscience and free profession, practice and propagation of religion.
b) Article 26 - Freedom to manage religious affairs.
c) Article 27 - Liberty to promote any religion without using the public tax money on it.
d) Article 28 - Freedom as to attendance at religious instruction or religious worship in certain
educational institutions.
2) Related Supreme Court Judgments:
a) Ratilal Panachand Gandhi vs. State of Bombay: Freedom of conscience [the right to believe in one’s faith]
is not meant merely for followers of one particular religion but extends to all.
b) SP Mittal vs. Union of India: Three conditions that need to be fulfilled by a religious denomination:
i) Collection of Individuals having a common faith.
ii) A common organization.
iii) Designation by a distinctive name.
c) Sabarimala Temple case: Any exclusionary customary practice violates the right of women to visit a public
temple freely to practice Hindu religion and to exhibit her devotion towards Lord Ayyapps.
d) Recent judgement of Karnataka High court: ruled that wearing a hijab was not an essential part of Islam.
e) In the Shirur Mutt case in 1954, the doctrine of “essentiality” was invented by the Supreme Court. And
the term “religion” will cover all rituals and practices “integral” to a religion, and took upon itself the
responsibility of determining the essential and non-essential practices of a religion.
f) Fathima Tasneem vs. State of Kerala (2018) - Kerala HC held that collective rights of an institution would
be given primacy over individual rights of the petitioner. The court upheld the order of the school that
refused to allow the headscarf among students.
g) In S R Bommai vs. Union of India (1994), the Supreme Court said that the state should free itself from
religious affinity.

Page |6
3) Places of Worship (Special Provisions) Act 1991: The act froze the status of places of worship as they
were on August 15, 1947 irrespective of its history – and cannot be changed by the courts or the
government.
a) SC observed that it cannot order a blanket stay on worship act pleas.
i) It bars conversion of places of worship
ii) Religious character of a place of worship shall be maintained as it existed on 15-08-1947.
iii) It’s a positive obligation on state.
iv) Any attempt to change religious character of a place of worship is a criminal offence.
v) It does NOT allow the government to take over the management of any place of worship.
b) Exemptions:
i) Ayodhya disputed site: Ram Janmabhoomi - Babri Masjid case
ii) Monuments and sites covered by the Ancient Monuments and Archaeological Sites and Remains Act,
of 1958.
1.7 Internet as Basic Right
1) Law/ regulations related to Internet shutdown:
a) Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017
b) Section 144 of the Code of Criminal Procedure, 1973
c) Indian Telegraph Act, 1885: It allows central and state governments to prevent the transmission of
messaging during a “public emergency or in the interest of public safety”, or “in the interests of the
sovereignty and integrity of India, the security of the state”. Now, the new act was passed in 2023 -
Telecommunications Act, 2023 which abolished this act and subsumed its provisions.
d) Information Technology Act: Provides limited power to government in that respect.
2) Article 19 (1) (a): “All citizens shall have the right to freedom of speech and expression”.
a) Internet ban impacts right to access knowledge, a right that was protected by the fundamental guarantee of
the freedom of speech and expression. It also violated the right to privacy.
3) Finland, Estonia, France, Spain, Greece and Costa Rica that have declared the Internet a basic human right.
4) In India, Kerala had become the first state in 2017 to declare access to Internet "a basic human right".
5) Important judgements:
a) Faheema Shirin v. State of Kerala, 2019: mobile phones and internet access through it are part and parcel
of the day-to-day life. Thus, right to be able to access the internet has been read into the fundamental
right to life and liberty, as well as privacy under Article 21.
b) Anuradha Bhasin v. Union of India, 2019: The right to freedom of speech and expression and right to
practise any profession, or to carry on any occupation, trade or business over the medium of internet
under Articles 19(1)(a) and 19(1)(g) is constitutionally protected.
c) Right to access internet a fundamental right, can’t be curbed arbitrarily: SC on J&K restrictions

1.8 Constitutional morality

1) Definition: Constitutional morality means adherence to or being faithful to bottom line principles of
constitutional values. It includes commitment to inclusive and democratic political process in which both
individual and collective interests are satisfied.
2) Dr B. R Ambedkar:
i) Constitutional morality would mean effective coordination between conflicting interests of different
people and the administrative cooperation to resolve them amicably without any confrontation
amongst the various groups working for the realization of their ends at any cost.

Page |7
 ii) It is a sentiment to be cultivated in the minds of a responsible citizen but to be promoted by an
independent judiciary embodied with values and ethics.
3) Important judgements related:
a) Kesavananda Bharati case, 1973: Basic structure of the constitution came into existence.
b) Naz Foundation case: As per Supreme court, only constitutional morality and not public morality should
prevail.
c) Lt. Governor of Delhi case: constitutional morality is a governing idea that highlight the need to preserve
the trust of people in the institution of democracy.
d) In Sabarimala case, the Supreme Court bypassed the “doctrine of essentiality” to uphold the
Constitutional morality.
4) Important article/parts: Constitutional morality reflects in constitution itself like in preamble, Fundamental
rights, Directive principle of State policy, Fundamental Rights.

1.9 Emergency provisions

1) Important Articles: The emergency provisions are contained in Part XVIII of the Constitution of India,
from Article 352 to 360.
a) Article 352: It provides for proclamation of national emergency by President due to outside aggression or
armed rebellion.
b) Article 365: Provisions in case of failure of constitutional machinery in States, means President’s rule can
be applied.
c) Article 360: It empowers the President to proclaim a Financial Emergency.
2) Important data/facts:
a) Only 3 times national emergency has been declared in India:
i) 1962 to 1968: During India-China war, on the basis of “threatened by external aggression”.
ii) 1971: During the Indo-Pakistan war.
iii) 1975 to 1977: On the basis of “Internal disturbance”. {Internal Disturbance was later substituted
with word “Armed Rebellion”}
b) In India, the President’s Rule was imposed 134 times by the President of India till 2023. Maximum times
the President’s Rule was invoked during Indira Gandhi regime i.e., 35 times.
3) S. R. Bommai V. Union of India: under Article 356, President of India has restricted power and they are
subjected to judicial review. The Supreme Court has the power to declare the emergency void even if both the
houses of Parliament passed the Proclamation.
4) 44th Constitutional (Amendment) Act, 1978:
a) Under Article 352, the amendment had substituted the ground of “Internal Disturbance” with “Armed
Rebellion”.
b) The President is allowed to impose emergency only when the Union Cabinet communicates to him in
writing about their decision.

1.10 Right to privacy

1) Article 21: "No person shall be deprived of his life or personal liberty. except according to procedure by law."
2) Puttaswamy v. Union of India, 2017: Right to privacy is protected as an intrinsic part of the right to life and
personal liberty under Article 21.
i) Right to privacy includes Right to be forgotten and Right to be left alone. In Puttaswamy vs. Union of

Page |8
 India, 2017, it was acknowledged.
ii) Evolution of triple test of proportionality if any state action violates Right to Privacy -
(1) The action must be sanctioned by law;
(2) The proposed action must be necessary in a democratic society for a legitimate aim;
(3) The extent of such interference must be proportionate to the need for such interference.
3) B N Srikrishna committee submitted Data Protection Report, based on which government came up with Data
protection Bill, 2019.

1.11 Article 21 interpretations

1) Article: “No person shall be deprived of his life or personal liberty except according to a procedure established
by law.”
2) Maneka Gandhi vs Union of India, 1978: It ensured the right to move in any part of India or abroad is also the
fundamental right of the people. It was established that “No one can be deprived of this right except
according to the procedure established by law”. Through this case, ‘Due Process of Law’ was established
which broadened the right under Article – 21.
3) Right to clean environment:
a) MC Mehta v. Union of India and Others, 1986: It stated “every citizen has a right to fresh air and to live
in a pollution-free environment.
b) Subhas Kumar vs. The State of Bihar, 1991: Right to life guaranteed by Article 21 includes the right to the
enjoyment of pollution-free water and air for a healthy life.
4) Right against the adverse effects of climate change – recently SC recognized this using Articles 14 (right to
equality) and 21.
5) Right to live with Human Dignity:
a) Francis Coralie vs Union territory of Delhi, 1981: The court said that the right to live is not restricted to mere
animal existence.
b) People’s Union for Democratic Rights vs Union of India, 1982: The non-payment of minimum wages to the
workers amounted to denial of their rights to live with basic human dignity and violated article 21.
6) Right against sexual Harassment at workplace:
a) Vishakha case, 1997: Sexual harassment leads to depravity among the victims and was a gross violation of
their fundamental rights as provided under Articles 14, 19 and 21.
b) Government of India, came up with Sexual Harassment at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
7) Rights of Personality: Recently, Delhi High Court granted protection to a famous Bollywood actor’s personality
right from misuse by third parties.

a) Right of a person to protect his/her personality under the right to privacy or property.
b) It includes name, voice, signature, images or any other feature easily identified as markers of personality.
c) Provisions:
i) Article 21 - Protection of life and personal liberty
ii) Article 300A - Right to Property (inserted by 44th CAA)
8) Judicial Pronouncements related to Personality Rights:
a) Deepa Jayakumar v. AL Vijay case (2019): Madras HC held that personality rights cease to exist after the
death of the personality and cannot be inherited by legal heirs.
b) Sakshi Malik v. Venkateswara Creations Pvt. Ltd. & Ors case (2021): Bombay HC held that using another's
image, and most especially a private image, without consent is illegal.

Page |9
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2 Functions and Responsibilities of the Union and the States
2.1 Caste census
1) Facts:
a) From 1951 to 2011, every census in India has published the population of Scheduled Castes and Scheduled
Tribes, comprising the Dalits and the Adivasis.
b) National Commission for Backward Classes urged the government to collect data on the population of
OBCs.
2) Quotes:
a) United Nations Development Programme titled Human Development for everyone says “human
development is all about human freedom: Freedom to realize the full potential of every human life, not
just for a few, nor of most, but of all lives in every corner of the world—now and in the future".
b) It necessitates getting out of the old habit of reservations and particular privileges being given to this
caste or that group," said Jawaharlal Nehru in 1961.

2.2 Reservation in India

1) Constitutional Provisions related to reservation:
a) Article 15(1) State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, and place of birth or any of them.
b) Article 16(1) Equality of opportunity for all citizens in matters of employment or appointment to
any office under the state. No citizen can be discriminated on grounds only of religion, race, caste, sex,
descent place of birth or residence.
c) Article 15(4) empowers the State to “make any provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes”.
d) Article 16(4) provides “for the reservation of appointments or posts in favour of any backward class of
citizens, which in the opinion of the State, is not adequately represented in the services under the State”.
e) Article 46 directs the state to promote with special care the educational and economic interests of the
“weaker sections of the people”, particularly of the Scheduled Castes and the Scheduled Tribes and also
directs the state “to protect them from social injustice and all forms of exploitation”
f) Article 243D provides reservation of seats for SCs and STs in every Panchayat and 1/3rd of seat reserved to
women.
g) Article 233T provides reservation of seats for SCs and STs in every Municipality and 1/3rd of seat reserved to
women.
h) Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration
constituently with the maintenance of efficacy of the administration.
i) Articles 330-342 under Part XVI of the Constitution outline special provisions for certain classes – SCs, STs,
Backward Classes and Anglo Indians. The Constitutional promise is explicitly for ‘social exclusion and
discrimination’.
2) Mandal commission: recommended for OBCs reservation as India’s population consisted of approximately 52
percent OBCs, therefore 27% government jobs should be reserved for them.
3) Important Judgements for Reservation:
a) Indra Sawhney Case of 1992:
i) It upheld the 27 percent quota for backward classes.
ii) Struck down the government notification reserving 10% government jobs for economically backward
classes among the higher castes while examining the scope and extent of Article 16(4).
iii) Total reservation for SC/ST and other backward classes or special categories should not exceed 50%.
iv) The concept of ‘creamy layer’ gained currency and held that reservation for backward classes should be

P a g e | 10
 confined to initial appointments only and not extend to promotions.
4) Important amendments for reservation:
a) Constitutional (103rd Amendment) Act of 2019:
i) It provided 10% reservation in government jobs and educational institutions for the “economically
backward” in the unreserved category. This 10% economic reservation is over and above the 50%
reservation cap.
ii) The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the government
to provide reservation on the basis of economic backwardness.
b) Reservation for economically weaker sections (EWS):
i) The 10% EWS quota was introduced under the 103rd Constitution (Amendment) Act, 2019 by amending
Articles 15 and 16.
ii) The Act provides for the reservation of jobs under the Central Government as well as government
educational institutions. It is also applicable to admissions to private higher educational institutions.
iii) It inserted Article 15 (6) and Article 16 (6).
c) Cases related to Reservation in Promotion:
i) Indra Sawhney & Others v. Union of India, 1992, SC held that reservation policy cannot be extended to
promotions.
ii) The 77th Constitutional Amendment Act 1995, added a new clause in Article 16 i.e. Article 16(4A),
making provision for reservation in promotions for SCs/STs.
iii) The 85th Constitutional Amendment Act, 2001 was brought in for also giving consequential seniority to
SCs and STs in matter of reservation in promotion.
(1) Supreme Court upheld the Karnataka Extension of consequential seniority Act, 2018 that allows
reservations in promotions for SCs and STs with consequential seniority.
iv) M. Nagaraj v. Union of India Case 2006, SC validated Govt’s decision to extend reservation in promotion
for SCs/STs, but directed the state to provide
(1) Quantifiable data on the backwardness of SCs/STs.
(2) Facts about their inadequate representation.
(3) Justification in favour of maintaining overall administrative efficiency.
v) Jarnail Singh & Ors v. Lachhmi Narain Gupta & Ors (2018), SC allowed for grant of quota in promotions
in the government jobs to SCs and STs
(1) Without the need to "collect quantifiable data" to demonstrate their backwardness
(2) Creamy layer exclusion extends to SC/STs and, hence the State cannot grant reservations in
promotion to SC/ST individuals who belong to the creamy layer of their community.
5) Local Reservation in Private Sector:
a) Andhra Pradesh became the first state in the country to introduce such a provision in the private
sector.
b) There is a law in Maharashtra as well that if any industry that gets an incentive from the State Government,
then 70% of people at a particular level to have to be locals.
c) Haryana Assembly had passed the Haryana State Employment of Local Candidates Act, 2020 to reserve 75%
of private-sector jobs in the state for local residents. However, The Punjab and Haryana High Court quashed
a law passed by the Haryana government. The matter is in Supreme Court now.

2.3 Identification of minorities

1) Facts:
a) The National Commission for Minority Act, 1992 under section 2(c) notifies communities which comes
under minorities.
b) In 1993: Five religious minorities i.e., Muslims, Christians, Sikhs, Buddhists and Zorastrians or Parsis were
notified as minority communities. In 2014: Jains were notified as minority community.
c) As per census 2011, Hindus are in a ‘minority’ in six states and three Union Territories of India-

P a g e | 11
 Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal
Pradesh (29%), Manipur (31.39%), and Punjab (38.40%).
d) National Commission for Minorities Act (1992) does not offer a definition of the term ‘religious minority’.
Instead, it is the central government that is empowered to notify a few communities as “minority” for the
purpose of this Act.
e) Parliament and State legislatures have concurrent powers to enact law to provide for the protection of
minorities.
f) The Constitution of India uses the word ‘minority’ or its plural form in some Articles – 29 to 30 and 350A
to 350 B – but does not define it anywhere.
2) Constitutional provisions:
a) Article 29: Protection of interests of minorities.
b) Article 30: Right of minorities to establish and administer educational institutions.
c) Article 350 (B): There shall be a Special Officer for linguistic minorities to be appointed by the President.
3) Important judgement:
a) TMA Pai Foundation, 2002: It lays down that for the purposes of Article 30, the religious and linguistic
minorities have to be considered state-wise, not by taking into consideration the population of the country
as a whole. Hence, it has sought direction to the Centre to lay down guidelines for identification of minority
at the state level.
b) Bal Patil case, 2005: It treats religious minorities and linguistic minorities differently. While linguistic
minorities are to be identified on the basis of their population within a particular state of India, it is
pertinent to declare religious minorities nation-wise to preserve the unity and integrity of the nation.

2.4 Welfare state

1) It is a concept of government in which the State plays a key role in the protection and promotion of economic
and social well-being of its citizens.
2) A Welfare State is based on the principles of equality of opportunity and equitable distribution of wealth.
Under this system, the welfare of citizens is the responsibility of the State.
3) The Constitution of India has extensive provisions to ensure social and economic welfare of the people in the
form of Fundamental Rights and the other as Directive Principles of State policy.
a) Article 38: The State shall strive to promote the welfare of the people by securing and protecting as
effectively.

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3 Issues and Challenges pertaining to the Federal Structure
3.1 Issues related to Federalism in India
1) One Nation One Language:
a) Facts:
i) Hindi written in Devnagari Script along with English was adopted as the official language of
India on September 14, 1949, under Article 343(1).
ii) Article 351: Union Government has power to issue a directive for the development of the Hindi
language.
iii) ‘Official Languages Act’ in 1963: Assured the continuation of English along with Hindi as the official
language of the Union of India.
b) Relevant Quotes:
i) V.D. Savarkar - ‘Hindi, Hindu, Hindustan’ slogan.
ii) R.V. Dhulekar - “You may belong – to another nation but I belong to Indian nation, the Hindi Nation, the
Hindu Nation, the Hindustani Nation.”
2) Inter-state River/Water Dispute:
a) Article/lists:
i) Article 262:
(1) Parliament may by law provide for the adjudication of any dispute with respect to the use,
distribution or control of the waters.
(2) Parliament may, by law provide that neither the Supreme Court nor any other court shall exercise
jurisdiction in respect of any such dispute or complaint.
ii) Entry 17 of state list: Deals with water.
iii) Entry 56 of Union List: Empowers the Union Government for the regulation and development of
inter-state rivers and river valleys to the extent declared by Parliament to be expedient in the public
interest.
b) Acts:
i) Inter-State River Water Disputes Act, 1956: If a State Government makes a request regarding any
water dispute and the Central Government is of opinion that the water dispute cannot be settled by
negotiations, then a Water Disputes Tribunal is constituted for the adjudication of the water dispute.
(1) It was amended in 2002.
(a) Set up Dispute Resolution Committee.
(b) Inter-state River Water Dispute Tribunal can be set up.
(c) Mandated one year time frame to setup the water disputes tribunal and 3-year time frame to
give a decision.
ii) River Boards Act, 1956: It provides for the establishment of River Boards for the regulation and
development of inter- State rivers and river valleys.
c) Board/Commission:
i) Central Water Commission (CWC) controls surface water.
ii) Central Ground Water Board of India (CGWB) controls ground water.
d) Various River Water Tribunals:
i) Krishna Water Disputes Tribunal II (2004) – Karnataka, Telangana, Andhra Pradesh, Maharashtra

P a g e | 13
 ii) Mahanadi Water Disputes Tribunal (2018) – Odisha & Chhattisgarh
iii) Mahadayi Water Disputes Tribunal (2010) – Goa, Karnataka, Maharashtra
iv) Ravi & Beas Water Tribunal (1986) – Punjab, Haryana, Rajasthan
v) Vansadhara Water Disputes Tribunal (2010) – Andhra Pradesh & Odisha

3) Inter-state Border Disputes: Contemporary issues in cooperative federalism that can

a) Article 263: Inter-State Council for inquiring into be used in examples-
and advising upon disputes which may have arisen a) Governors not calling assembly sessions as per
between States. the advice of CM- Kerala (over farm issue) and
b) States having border dispute Rajasthan (over no confidence motion).
i) Assam- Arunachal Pradesh dispute over b) Farm bills not being referred to standing
forested tracts in the plain areas of border. committee (have Rajya Sabha members)
ii) Assam- Mizoram over boundaries in southern c) Bypassing of Rajya Sabha through money bill.
Assam’s Barak Valley and Lushai Hills.
d) Alleged Use of central agencies to browbeat
iii) Assam- Meghalaya
opposition-ruled states.
iv) Haryana-Himachal Pradesh over parwanoo
e) Terms of references of Finance Commission.
region near Panchkula.
f) Tussle between Center and West Bengal
v) Ladakh-Himachal Pradesh
government over deputation of 3 IPS officers.
vi) Maharashtra-Karnataka over Belgaum district.
4) Smaller States and Better Governance: g) Puducherry CM and Lt Governor Kiran Bedi.
a) Demand of smaller states: h) Revisiting the Seventh Schedule of the
i) Gorkhaland and Kamtapur in West Bengal Constitution, in view of changes in technology and
ii) Coorg in Karnataka national priorities.
iii) Mithilanchal in Bihar i) Revisit the Inter-State River Water Disputes Act as
iv) Saurashtra in Gujarat it creates more disputes than resolving them.
v) Vidarbha in Maharashtra Horizontal Asymmetry
vi) Harit Pradesh, Purvanchal, Braj Pradesh and a) UP has 31 seats in RS whereas Nagaland, Manipur
Awadh Pradesh in Uttar Pradesh has only 1.
vii) Bundelkhand comprising areas of Uttar b) Special Provision for different regions – Article 371
Pradesh and Madhya Pradesh to 371H
5) Role of Governor: c) Article 371 – special responsibility to Governor of
a) Constitutional Provisions: Maharashtra with respect to Vidarbha region
i) Article 153: There shall be a Governor for each d) Article 371A – Protection to Naga customary Law.
State. One person can be appointed as Vertical Asymmetry
Governor for two or more States. a) Union list – 100 items and State List – 61 items
ii) Article 157 and Article 158: specify eligibility (Although, the last entry is numbered 97 & 66
requirements for the post of governor.
respectively)
iii) Article 174(2)(b): gives powers to the
b) The center collects about 63%–64% of the
Governor to dissolve the Assembly on the aid
combined revenue receipts on average but incurs
and advice of the cabinet.
about 43% of the combined expenditure;
iv) Article 175(2): the Governor can summon the
House and call for a floor test to prove c) State governments collect only 36%–37% of the
whether the government has the numbers. combined revenue receipts but incur around 57%
b) Misuse of Governor’s powers: A Governor's of the combined expenditure.
recommendation for President's Rule (Article 356) in a state has not always been based on 'objective
material', but on political whim or fancy.
i) Constitutional Emergency (article 356) - as seen in Uttarakhand and Arunachal Pradesh.
ii) Controversies over formation of government as seen in Karnataka and Goa.
iii) Recently, Maharashtra political crisis: Governor's powers under the Constitution to call for a floor
test takes centre stage.
c) Integrity of Governor: Surjit Singh Barnala, Governor of Tamil Nadu refused to send a report to the Centre

P a g e | 14
 recommending imposition of President’s Rule in the State under Article 356(1) of the Constitution, as
dictated by the Centre. When the Centre persisted on its agenda and transferred him to Bihar as a punitive
measure, Barnala resigned.
d) Commission Recommendations:
i) Sarkaria Commission:
(1) Article 356 should be used in very rare cases when it becomes unavoidable to restore the
breakdown of constitutional machinery in the State.
(2) A politician from the federal government's dominant party should not be appointed as Governor
of a state ruled by another party or a coalition of parties.
(3) He should be someone who hasn't been involved in politics in the past, especially in the recent
past.
(4) Governors must not be removed before completion of their five-year tenure, except in rare and
compelling circumstances. Governors should be informed of the grounds of their removal.
(5) After he leaves office, he should be barred from holding any other constitutional position other
than Governor, Vice-President, or President.
(6) Reasonable post-retirement benefits should be offered at the end of his service.
ii) Punchhi Commission:
(1) There should be clear guidelines on the chief ministers’ appointment so that the discretionary
powers of the governor are limited in this regard.
(2) A pre-poll alliance to be regarded as one political party.
e) Important Judgement:
i) S.R. Bommai Judgment (1994):
(1) The power of the President to dismiss a state government is not absolute. The President
should exercise the power only after his proclamation (imposing his/her rule) is approved
by both Houses of Parliament.
(2) The floor of the Assembly is the only forum that should test the majority of the
government of the day, and not the subjective opinion of the Governor.
ii) Rameshwar Prasad Case, 2006: Governor could not decide based on his subjective
assessments about the proclamation of president’s rule and dissolution of the Assembly in
Bihar in 2005.
3.2 Federal and Unitary Features in Constitution:
1) Federal Features:
a) Dual Polity: Consisting of the Union at the Centre and the states at the Periphery. Centre and State both
are endowed with sovereign powers to be exercised in the field assigned to them respectively by the
Constitution.
b) Written Constitution: Indian constitution is written document.
c) Division of Power: The Constitution divided the powers between the Centre and the states in terms of the
Union List, State List and Concurrent List in the Seventh Schedule.
d) Supremacy of the Constitution: The constitution is Supreme law of the land.
e) Rigid Constitution: Provisions which are concerned with the federal structure (i.e., Centre–state relations
and judicial organisation) can be amended only by the joint action of the Central and state governments.
f) Independent Judiciary: It is headed by Supreme Court.
g) Bicameralism: There is provision of Upper house and Lower house.
2) Unitary Feature of the Constitution:
a) Strong Centre:
i) More important subjects have been included in the Union List.
ii) The Centre has overriding authority over the Concurrent List.
iii) The Union List contains more subjects than the State List.
iv) The Residuary powers have also been left with the Centre.

P a g e | 15
 b) States Not Indestructible: States in India have no right to territorial integrity. The Parliament can by
unilateral action change the area, boundaries or name of any state.
c) Single Constitution: Embodies not only the Constitution of the Centre but also those of the states.
d) Flexible constitution: Constitution can be amended.
e) Emergency Provisions: During emergency, federal structure converts into a unitary one. Central
government has all the power.
f) Single Citizenship: There is only Indian Citizenship and no separate citizenship for state.
g) Integrated Judiciary: The Indian Constitution has established an integrated judicial system with the
Supreme Court at the top and the state high courts below it.
h) All-India Services: It is common to both centre and state.
i) Integrated Audit system: The Comptroller and Auditor-General of India audit the accounts of not only the
Central government but also those of the states.
j) Appointment of Governor: He is appointed by the President of India.
k) Integrated election machinery: The Election Commission conducts elections not only to the Central
legislature but also to the state legislatures.
l) Governor reserve bill for president’s consideration: The governor is empowered to reserve certain types
of bills passed by the state legislature for the consideration of the President. The President can withhold
his assent to such bills not only in the first instance but also in the second instance.
3.3 Cooperation, Competition and Confrontation in Indian federalism
1) Cooperation:
a) Passing of Goods and Service tax Act.
b) Niti Aayog acts a think tank for whole country.
c) Zonal Councils promote coordination.
d) All India services help in maintaining a cordial relation and better communication with centre and states.
e) Seventh schedule of the constitution make it clear which domain belongs to whom. It avoids unnecessary
friction most of the time.
2) Competition:
a) Ease of Doing Business Index: The Index for the Indian States with annual rankings pointing to the areas
they excel and lags introduces the sense of competition among different states.
b) SDG India Index and Aspirational District programme: It puts a sense competition between states.
3) Confrontation:
a) Withdrawal of Special status conferred on Jammu Kashmir (J&K) Under Article 370 has created discomfort
among some political party of the states. Hence, confrontation started.
b) The passing of Citizenship (Amendment) Act could not be communicated well in various states and there
were protest and confront.
c) Passing of Farmers Act – Later had to withdraw.

3.4 9th Schedule

1) About:
a) It contains a list of central and state laws which cannot be challenged in courts. Currently, 284 such laws
are shielded from judicial review. It became a part of the Constitution in 1951.
b) New Article 31B, which along with 31A was brought in by the government to protect laws related to
agrarian reforms and for abolishing the Zamindari system.
2) Supreme Court Judgements:
a) I.R Coelho and State of Tamil Nadu 2007:
i) After 24th April 1973 (the date of the decision in Kesavananda Bharati), there would be no blanket
immunity given to the laws which were placed in the Ninth Schedule.
ii) It reaffirms the doctrine of basic structure.

P a g e | 16
3.5 Seventh Schedule
1) Facts:
a) Article 246: It deals with the seventh Schedule of the Indian Constitution that mentions three lists named
as Union List, State List and Concurrent List which specify the divisions of power between Union and
States.
b) Union List: It originally had 97 subjects. Now, it has 100 subjects. State List: It has 61 subjects. Earlier, it
had 66 items. Concurrent List: This list has at present 52.
c) The 42nd Amendment Act of 1976 transferred five subjects to Concurrent List from State List- (a)
education, (b) forests, (c) weights and measures, (d) protection of wild animals and birds, and (e)
administration of justice
d) The 101st Amendment Act of 2018 has made a special provision with respect to goods and
services tax.
e) The Central Government and State Government both can make laws on the subjects mentioned under
the Concurrent List.
f) The Constitution has provided the predominance of the Union List over the State List and the
Concurrent List and that of the Concurrent List over the State List.
g) If the state law has been reserved for the consideration of the president and has received his
assent, then the state law prevails in that state.
2) Committee recommendation:
a) Sarkaria Commission:
i) The residuary powers of legislation in regard to taxation matters should remain with Parliament.
ii) Union should occupy only that much field of a Concurrent subject on which uniformity of policy and
action is essential in the larger interest of the nation.
iii) There should be prior consultation not only with the State Governments, individually, but also,
collectively, with the Inter-Governmental Council, set up under Article 263.
3.6 Central Bureau of Investigation (CBI) vs States
1) Facts:
a) It derives its powers from Delhi Special Police Establishment (DPSE) Act, 1946.
b) CBI is under superintendence of CVC by the way of CVC Act, 2003.
c) It operates under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions,
Government of India.
2) Cooperative federalism is jeopardised:
a) Under Article 131 of the Constitution, the West Bengal Government had challenged the CBI’s jurisdiction
to register FIRs and conduct investigations in the State in numerous cases as it had withdrawn “general
consent” to the CBI in 2018.
b) Eight States have withdrawn consent to the CBI for launching investigations in their territory: West
Bengal, Maharashtra, Kerala, Punjab, Rajasthan, Jharkhand, Chhattisgarh, Mizoram and Tamil Nadu
recently.
3) The Second Administrative Reforms Commission (2007): new law should be enacted to govern the working
of the CBI.
3.7 16th Finance Commission
1) Facts:

P a g e | 17
 a) Article 280 of the Constitution: the President of India is required to constitute a Finance Commission at an
interval of five years or earlier. It is said as balancing wheel of fiscal federalism in India.
b) The 16th Finance Commission, chaired by Dr Arvind Panagariya, has been tasked with making
recommendations for the period 2026-31.
c) The 15th Finance Commission was constituted by the President of India in November 2017, under the
chairmanship of NK Singh. Its recommendations will cover a period of five years from the year 2021-22 to
2025-26.
2) Major Recommendations of 15th Finance Commission:
a) Vertical Devolution (Devolution of Taxes of the Union to 14th FC 15th FC 15th FC
States):
Criteria 2015- 2020- 2021-
i) It has recommended maintaining the vertical devolution
at 41% - the same as in its interim report for 2020-21. 20 21 26
(1) It is at the same level of 42% of the divisible pool as
recommended by the 14th Finance Commission. Income Distance 50.0 45.0 45.0

ii) It has made the required adjustment of about 1% due to Area 15.0 15.0 15.0
the changed status of the erstwhile State of Jammu and
Kashmir into the new Union Territories of Ladakh and Population (1971) 17.5 - -
Jammu and Kashmir.
Population (2011) 10.0 15.0 15.0
b) Horizontal Devolution (Allocation Between the States):
Demographic
i) For horizontal devolution, 12.5% weightage to - 12.5 12.5
demographic performance, 45% to income, 15% each to Performance
population and area, 10% to forest and ecology and
2.5% to tax and fiscal efforts. Forest Cover 7.5 - -

c) Local government: Forest and

(1) No grants will be released to local bodies of a state - 10.0 10.0
Ecology
after March 2024 if the state does not constitute
State Finance Commission and act upon its Tax and fiscal
recommendations by then. - 2.5 2.5
efforts
(2) The Commission has prescribed certain conditions
for availing these grants (except health grants): Total 100 100 100
(a) publishing provisional and audited accounts in
the public domain and
(b) Fixation of minimum floor rates for property taxes by states.
d) Health: States should increase spending on health to more than 8% of their budget by 2022. Primary
healthcare expenditure should be two-thirds of the total health expenditure by 2022.
e) A dedicated non-lapsable fund called the Modernisation Fund for Defence and Internal Security (MFDIS)
will be constituted to primarily bridge the gap between budgetary requirements and allocation for capital
outlay in defence and internal security.
f) GST: The inverted duty structure between intermediate inputs and final outputs present in GST needs to
be resolved.
g) An independent Fiscal Council should be established with powers to assess records from the centre as well
as states. The Council will only have an advisory role.

P a g e | 18
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 4 Devolution of Powers and Finances up to Local Levels and Challenges Therein

4.1 Urban local body reforms

1) Financial position:
a) With internal revenue sources constituting only a minimal portion of the financial resources, the
Panchayats primarily rely on fiscal transfers provided by State governments through shared taxes and
grants.
b) 'Finances of Panchayati Raj Institutions' by the Reserve Bank of India (RBI) for the fiscal year 2022-23
sheds light on the financial dynamics of Panchayati Raj Institutions (PRIs) in India.
i) Panchayats earn only 1% of their revenue through taxes.
ii) On an average each panchayat earned just Rs 21,000 from its own tax revenue and Rs 73,000 from
non-tax revenue.
iii) Majority of their revenue comes from grants provided by the Centre and the States.
(1) 80% of the revenue is from Central government grants, while 15% is from State government
grants.
(2) There has been increase in fund allocation to the rural local bodies from Rs.100 per capita per
annum in the 10th Finance Commission to Rs.674 per capita per annum in the 15th Finance
Commission.
c) RBI survey of 221 municipal corporations (2020-21): more than 70% of these corporations saw a decline
in revenues while in contrast, their expenditure rose by almost 71.2%.

P a g e | 19
 d) Low municipal revenue to GDP ratio: Municipal revenue accounts for a small share of gross domestic
product (GDP) in India, hovering around 1% of GDP from 2007-08 to 2017-18. This proportion was 4.5% for
Poland, 6.0% for South Africa, 7.4% for Brazil, 13.9% for the United Kingdom and 14.2% for Norway in
2010.
e) Property taxes only account for 0.15% of GDP, whereas in developing economies they account for 0.6%
and the global average is 1.04%.
f) Organisation for Economic Co-operation and Development (OECD) data also shows that India has the
lowest property tax collection rate (property tax to GDP ratio) in the world.
g) While the share of local governments in total Chinese government revenue is 25%, the share in India is
3%.
h) Municipal revenue form 1% of India’s GDP, as compared to 14% for Norway or UK.
i) Article 243G of the Constitution of India mandates the Gram Panchayats (GPs) to prepare and implement
GPDP for economic development and social justice.
j) 15th finance commission: No grants will be released to local bodies of a state after March 2024 if the state
does not constitute State Finance Commission and act upon its recommendations by then.
2) 2nd ARC Recommendations – Panchayats should have power to recruit personnel + Broadening & deepening
gram sabhas + States should constitute ward sabhas.
3) Our cities occupy just 3% of the nation’s land, but their contribution to the GDP is a whopping 60%.
4) Second ARC recommendations:
a) Create a stable policy framework for private investment in urban infrastructure. E.g., Citizen Charter can
be framed.
b) Conduct of elections of DPC and MPC should be entrusted to State Election Commission.
c) District Council to be established in every district representation from both urban and rural areas.
d) Local body ombudsman can be constituted for group of districts to look in to complaints of mal-
administration.
5) Good examples:
a) Velpur Gram Panchayat (GP) in the Nizamabad district in Telangana that have demonstrated effective
revenue generation from internal sources (NIRDPR, 2018).
b) Three best urban practices from Pimpri, Chinchward finds its name in reforms list under AMRUT- pilot
project for water leakage detection, bus rapid transport system and service level bench marking for water
supply.
c) The Rs 200 crore municipal bonds issue of the Lucknow Municipal Corporation (LMC) was listed at the
Bombay Stock Exchange (BSE) making the first in North India to have raised municipal bonds.
d) Urban local bodies during pandemic sought new roles such as providers of vegetables and facilitators in
arrangement of groceries for people affected by COVID-19.
Panchayats are no longer institutions that are merely implementing schemes and programmes of the Centre or
State Governments but have emerged as leaders, planners and policy makers at the grass-root level. The aggregation
of their achievements will enable India to realize the national as well as global targets in the true spirit of the
transition from ‘Local to Global'.

4.2 Role of Panchayats in service delivery

1) Article 40 of the Directive Principles of State Policy mentions panchayats, while Article 246 empowers the
state legislature to legislate on local self-government issues.
2) PRI was created in 1992 by the 73rd Constitutional Amendment Act to promote grassroots and rural

P a g e | 20
 development in the country.
3) 95% of local bodies are able to raise only less than 5% of their earnings and borrowings through alternate
sources of financing (excluding state and central grants).
4) Panchayat Elections are delayed over two years in Tamil Nadu resulting in losing finance commission grants
from Union Government.
5) States such as Rajasthan and Haryana established minimal eligibility requirements for Panchayat elections.
6) Case studies: Significance of panchayats in COVID TIMES:
a) Kerela has a long history of decentralization and both primary and secondary health care is placed under
third tier. Panchayats are at the forefront of contact tracing, food supplies, maintaining social distancing,
active surveillance in community quarantine centres, organising health check-up camps.
b) Odisha government had delegated the Sarpanch with powers of district collector to impose quarantine at
village level.
c) Village volunteer system of Andhra Pradesh has helped in better delivery of welfare schemes during
COVID.
7) Best Examples:
a) Total Sanitation Campaign in Dakshina Kannada Zilla Panchayat, Karnataka
b) Intelligent Investment Decision in Reducing and Managing Plastic Waste in Chembilod Gram Panchayat,
Kannur, Kerala
c) Grievance Redress Mechanism, Selection of Business Correspondent, Karungal Gram Panchayat, Dindigul,
Tamil Nadu
d) Service Delivery under Participatory Democracy, Gerethang - Labing Gram Panchayat, Sikkim
8) Awards given to Panchayats for best practices:
a) Nirmal Gram Puraskar
b) Uthamar Gandhi Gram Panchayat Award
c) Award for Effective and Efficient Work Done for Eradicating Child Labour
d) District Collector’s Award
e) Rashtriya Ekta Samman Award
f) Gurudev Rabindranath Tagore Samman
g) Panchayat Sashaktikaran Puraskar
9) When the panchayat raj is established, public opinion will do what violence can never do- Mahatma Gandhi.
If we would see our dream of Panchayat Raj, i.e., true democracy realized, we would regard the humblest
and lowest Indian as being equally the ruler of India with the tallest in the land. — Mahatma Gandhi.

4.3 Panchayat Extension to Scheduled Area Act (PESA)

1) Facts:
a) It provides for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to
the Scheduled Areas.
b) Article 243M (4) (b) provided that the parliament may, by law, extend the provisions of the Panchayat
system to the Scheduled Areas covered in Schedule V.
c) The Ministry of Panchayati Raj is the nodal Ministry for implementation of the provisions of PESA in the
States.
2) Relevant Articles regarding Administration of tribal areas: Article 15(4), Article 23, Article 24, Article 46,
Article 243D, Article330, Article 332, Article 334, Article 164(1).

P a g e | 21
3) Examples for concerns in PESA Act:
a) Bureaucratic shackles between two different ministries, Ministry of Panchayati Raj and the Ministry of
Tribal Affairs in implementation of PESA Act.
b) Land Acquisition and resettlement are done ignoring the consensus of Gram Sabha. E.g., Polavaram
Project in Andhra Pradesh where Gram Sabha’s resolutions against construction has been ignored.
c) Indian Forest Act, 1927 and Wildlife Protection Act, 1972 are not PESA compliant.
d) Parallel committees like Van Suraksha Samiti, Joint Forest Management Committee undermine the
authority of Gram Sabha.
e) Shankar Gopalakrishnan in his work “India and Rights of Indigenous people: Illusion and Disillusion
(2010)” pointed that proliferation of Nagarpalikas within Scheduled areas creates pockets of “unscheduled
areas.”
f) Push for corporate entry and control of resources, making it easier to surpass gram
Sabha consent. E.g., Vedanta- Niyamgiri conflict.
g) Fake public hearings: E.g., Jindal steel project in Chhattisgarh.
4) Relevant Positive achievements:
a) The Gram Sabha inhabiting Dongria Kondhs rejected mining projects for bauxite. Government had to
stop it after 2013 verdict not to allow mining in conformity with PESA.
b) Gonds of Maharashtra through their Gram Sabha have been accorded the rights to collect Bamboos.
c) Pullangi Gram panchayat in Andhra Pradesh that houses Konda Reddis (PVTG) decided to stop the
brewing and consumption of liquor due to its adverse effects.
5) Committee: Bhuria Committee recommended PESA and MESA for extending the provisions of 73rd and 74th
amendments to the fifth schedule areas.

4.4 Women reservation in the institutions of local Self-Government

1) Constitutional provisions:
a) Clause (3) of Article 243D of the Constitution ensures participation of women in Panchayati Raj Institutions
by mandating not less than one- third reservation for women out of total number of seats to be filled by
direct election and number of offices of chairpersons of Panchayats.
b) Clause (4) of Article 243D of the Constitution provides for women in the office of chairpersons.
2) Important data:
a) Adequate representation should be given in legislatures and other law-making bodies. “Empowering
women is empowering the society” (PIB)
b) In total, there has been more than 14.5 lakh women came in leadership position in India’s local
governance.
c) Government has reserved 33% of the seats in Panchayati Raj Institutions for women. However, women
constitute 46% of elected representatives in PRIs (Many states have given increased the reservation for
women.) (Challenges - Panchayat Pati).

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 Separation of Powers between various organs, Dispute
5
Redressal Mechanisms and Institutions

5.1 Separation of power in Indian Constitution:

1) Constitutional provisions:
a) Article 50: Separation of judiciary from executive The State shall take steps to separate the judiciary from
the executive in the public services of the State.
b) Article 53: The executive power of the Union and the State shall be vested with the President and the
Governor respectively.
c) Article 121 and 211: Judicial conduct of a judge of the Supreme Court and the High Court’s cannot be
discussed in the Parliament and the State Legislature.
d) Article 122 and 212: Validity of proceedings in Parliament and the Legislatures cannot be called into
question in any Court.
e) Article 361: The President or the Governor shall not be answerable to any court for the exercise and
performance of the powers and duties of his office.
2) Important Judgements:
a) Ramajogayya v/s the state of Punjab (1955): Doctrine of separation of power is not expressly mentioned in
the constitution.
b) IC Golaknath v/s state of Punjab (1967):
i) It creates three major instruments of power namely the legislature, the executive and the judiciary.
ii) It demarcates the jurisdiction and expects them to exercise their respective powers without
overstepping their limits.
c) Keshavananda Bharati v/s state of Kerala (1973):
i) It held that three organs of state were subject to the provisions of the constitution.
ii) The judgement demarcates their respective powers, jurisdiction, responsibilities, and relationship
between one another.
iii) Stated the separation of power is a part of basic structure.

5.2 Doctrine of Strict Separation vs. Doctrine of Checks and Balances:

1) Doctrine of strict separation:
a) Facts:
i) There is no interference between one organ with other like legislature, judiciary and executive have
different set of power in different domain.
ii) The doctrine of separation finds its home in U.S. It forms the basis of the American Constitutional
structure. US follows the strict separation of power.
(1) While, in India, strict separation of power like in American sense is not followed but there is
principle of checks and balances.
iii) The principle of checks and balances is the basic feature of the constitution.
b) Important Judgements:
i) Ram Jawaya Kapur vs State of Punjab, 1955: Indian constitution does not make any separate or rigid
separation of power of the three organs. However, the function of different parts or branches of the
government have been sufficiently differentiated.
ii) Kartar Singh vs State of Punjab, 1994: It is the basic postulate under the Indian constitution that legal

P a g e | 23
 sovereign power has been distributed between the legislature to make the law, the executive to
implement the law and the judiciary to interpret the law within the limits set down by the Constitution.
c) Doctrine of checks and balances: To avoid any organ become super powerful there is doctrine of cheeks
and balance.
i) Important Article:
(1) Article 13(2): Judiciary can review any legislative law made by the Parliament.
(2) Article 32 and Article 226: The Supreme Court and the High Court’s issue writs to hold the executive
and legislature accountable.
(3) Article 61: Impeachment of President.
(4) Article 75 and 164: Council of Ministers responsible to Lok Sabha and State Legislative Assembly
respectively.
(5) Article 81: Disqualification of Members of Parliament.
(6) Article 124 and 218 of the Constitution of India lay down the procedure for impeachment of judges
of the Supreme Court and High Court.
(7) Article 148: Comptroller and Auditor General of India appointed by the President is responsible for
auditing the finances made by the executive to Parliament.
(8) Articles 13, 32, 131-136, 143, 226 and 246 imply the doctrine of Judicial Review. Judiciary can strike
down any legislation that violates the Constitution.

5.3 ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’

1) ‘Principle of Federal Supremacy’:
a) The Supreme Court held that both the legislative and executive power of the States are subject to the
respective supreme powers of the Union.
b) When a statute’s provisions fall in both state and union list, then the centre would have the dominant
legislative power.
c) The state and the concurrent list are subordinate to the union list.
d) Constitution provides to the Union Parliament, the constituent power to initiate amendment of the
Constitution.
2) ‘Harmonious Construction’:
a) Meaning/explanation:
i) It comes into play when there is a conflict between two or more statues or two or more parts of a
statute.
ii) The rule follows a very simple premise that every statute has a purpose and intent as per law and
should be read as a whole.
iii) The interpretation consistent of all the provisions of the statute should be adopted.
iv) In case, it is impossible to harmonize both the provisions, the court’s decision shall prevail.
v) As per Supreme Court, “When there are, in an enactment two provisions which cannot be reconciled
with each other, they should be so interpreted, that, if possible, the effect should be given to both”.
vi) Important judgements:
(1) Sri Jagannath Temple Managing Committee v. Siddha Math and Others (2015): The Supreme Court
held that Math did not have any right to claim over the lands held by temple
(2) Venkataramana Devaru v. State of Mysore (1957): Supreme Court clearly laid the concepts
pertaining to the matter of religion and harmonisation of irregularities arising at the time of
interpretation of Article 25(2) (b) and Article 26(b) of the Indian Constitution.

P a g e | 24
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6 Parliament and State legislatures
6.1 Functioning of Parliament:
1) 17th Lok Sabha functioned for 88% of its scheduled time, while Rajya Sabha worked for 73%.
2) The 17th Lok Sabha held only 274 sittings, the lowest among full-term Lok Sabhas.
3) Despite Article 93 of the Constitution, the Deputy Speaker was not elected during the entire term of the 17th
Lok Sabha.

4) Disruption (Obstructionism) added on to the three Controversies of PUBLIC ACCOUNTS COMMITTEE:

D’s (DEBATE, DIALOGUE, and DISSENT) - the annual
1) 2G Scam issue (2010-11): Then PAC Chairman
average of bills passed declined from 65 in 1952-90
Murli Manohar Joshi tried to get a controversial
period to 48 in 1991-2023.
report on the 2G scandal through, threatening to
a) Amongst all full-term Lok Sabhas, 206 instances
summon the then Prime Minister Manmohan
of suspension of Members of Parliament.
Singh, which sparked outrage from Congress
5) Low sittings in legislature-
members.
a) Average number of sittings has come down from
103 (1952) to 56 (2022) – lowest number of 2) Demonetisation issue (2016-17): Sumitra Mahajan,
sittings in 17th Lok Sabha. the then Speaker of the Lok Sabha, expressed her
b) However, states like Kerala, Odisha and dissatisfaction with PAC Chairman K V Thomas's
Karnataka are an exception. remarks that the panel might bring Prime Minister
c) Time lost has gone up from 5% (1985) to around Narendra Modi to explain the demonetization issue
30% now. if it was not satisfied with RBI Governor Urjit
6) Utility of Question hour – Patel's and top finance officials' responses.
a) Question Hour functioned for 60% of the
scheduled time in Lok Sabha
7) Standing committees relevance decreasing-
a) Weak committee system– In 17th Lok Sabha, only 16% of the bills were sent to parliamentary committee
for scrutiny.
b) There was not a single meeting of any parliamentary committee in the four months following the national
lockdown.
c) Low Attendance in these Meetings – Average attendance was 46% last year.
8) Budget Passing without Discussion/debate:
a) Lack of debates -103rdCAA (EWS) passed without any debate; Criminal reform bills was passed when more
than 70% of opposition MPs were suspended.
b) Drastic reduction on time spent on budget discussion– time spent on discussing union budget, demand for
grants and finance bill has declined from 120 hours annually before 1990 to 35 hours post-1990.
c) No private member bill has been passed since 1970 (Total only 14).
9) Lack of women representation– 13.6% in 18th Lok Sabha [only 74 female MP] (South Asia including Pakistan
>12%, Global around 14%).
10) Corruption and criminalization– 46% (251 members) Lok Sabha MPs in 18th Lok Sabha have criminal records.

P a g e | 25
15-point formula for parliamentary reforms by former vice-president of India:

1) New political consciousness amongst legislators to review their roles and responsibilities.

2) Political parties must ensure attendance of at least 50% of their legislators throughout the proceedings of the
Houses by adopting a roster system.

3) A minimum number of sittings for both the Houses of Parliament and State Legislatures per year need to be
appropriately prescribed.

4) Measures for effective functioning of Department Related Standing Committees like longer tenure (instead of
the present one year), promoting specialization, etc.

5) Legislative Impact Assessment: A detailed framework for pre and post Legislative Impact Assessment was
needed.

6) Need for moving away from identity-based voting to that of development-oriented exercise of voting
preferences.

7) Need for responsive governments positively acting on the concerns of the opposition and the need
for responsible and constructive opposition while resorting to available parliamentary instruments.

8) Review whip system which hinders the freedom of expression of the legislators.

9) Review of the Anti-Defection to rectify the areas like incentivizing legislators to resort to actions that invite
expulsion from the party besides providing for time-bound disposal of defection cases by the Presiding Officer.

10) Building consensus on the proposal to allow unrestricted governance.

11) Enacting for reservation of women in legislatures. It has been done through 106th constitutional amendment.

12) Need for timely and effective action against legislators for non-ethical conduct.

13) Regular publication of reports by the Secretariats of Legislatures on the attendance of Members and their
participation in debates.

14) Addressing the concern of a rising number of legislators with criminal records.

15) Setting up of special courts for time-bound adjudication of criminal complaints against legislators.

6.2 Anti-defection law:

1) Important Facts:
a) 52nd Amendment Act inserted tenth schedule of the constitution also known as Anti-defection law and sets
the provisions for disqualification of elected members on the grounds of defection to another political
party.
b) Article 102 of the Constitution of India lays down the grounds under which a legislator may be disqualified
from being a member of the house.
2) Instances:
a) In Karnataka state assembly – anti defection law invoked against 7 congress MLAs for defying party whips in
2019.
b) In Arunachal Pradesh, 43 of the then 44 Congress MLAs had quit the Congress in September 2016 and joined
the People’s Party of Arunachal and continued in power;
c) Recent Cases of Defection: a) MP b) Telangana speaker allowed defection (12/15) c) Andhra Pradesh,

P a g e | 26
 Arunachal Pradesh, Goa, etc
st
3) 91 Constitutional Amendment Act, 2003, changed this and now at least two-thirds of the members of a party
have to be in favour of a "merger" for it to have validity in the eyes of the law.
i) As per the 1985 Act, a 'defection' by one-third of the elected members of a political party was
considered a 'merger'.
4) “Kihoto Hollohon v Zachillu” case of 1992: Decision of the Chairman and the Speaker regarding disqualification
of the members was to be considered as valid but subject to judicial review of the court.
5) Rajendra Singh Rana vs. Swami Prasad Maurya and Others case 2003: Act of giving a letter requesting the
Governor to call upon the leader of the other side to form a Government itself would amount to an act of
voluntarily giving up membership of the party on whose ticket the said members had got elected.
6) Keisham Meghachandra Singh Case 2020: Decision on Anti-defection of Speaker operates independently; it is
not subject to approval of House. Immunity only from parliamentary procedure Decision of Speaker on anti-
defection can be judicially reviewed and only the procedure followed cannot be judicially reviewed.
7) Recommendations:
a) Dinesh Goswami Committee on Election Reforms (1990): The issue of disqualification should be decided by
the President/ Governor on the advice of the Election Commission.
b) Halim Committee on anti-defection law (1998): The words ‘voluntarily giving up membership of a political
party is not comprehensively defined. Restrictions like the prohibition on joining another party or holding
offices in the government be imposed on expelled members. The term political party should be defined
clearly.
c) Election commission: Decision under the 10th schedule should be made by the President/Governor on the
binding advice of the Election commission.
d) Law Commission (170th Report, 1999):
i) Provisions which exempt splits and merger from the disqualification to be deleted.
ii) Pre-poll electoral fronts should be treated as political parties under Anti-defection law.
iii) Political parties should limit issuance of whips to instances only when the government is in danger.
e) Constitution Review Commission (2002):
i) Defectors should be barred from holding public offices or any remunerative political post for the
duration of the remaining term.
ii) The vote cast by a defector to topple a government should be treated as invalid.
8) International experience: Most advanced democracies do not disqualify legislators for defecting against their
parties.

6.3 Parliamentary privileges

1) Definition: Parliamentary privilege refers to rights, immunities and exemptions enjoyed by Parliament as an
institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted
upon them by the Constitution.
2) Constitutional provisions: Article 105 pertains to the powers, privileges, etc, of Parliament, its members and
committees while Article 194, protects the privileges and powers of the houses of legislature, their members
and committees in the states.
3) Case study: BREACH OF PRIVILEGE – Karnataka assembly speaker imposed fine/imprisonment on two
journalists for writing against him when he was a legislator. Thus, privileges may act as a hindrance to citizen’s
right to free speech.
4) Important Judgement:
a) P.V Narshimha rao Case (1998):
i) Context: some of the MP’s received bribes to vote against the motion of no-confidence against the
Prime Minister P.V. Narsimha Rao. Narsimha Rao was charged under IPC and Prevention of Corruption

P a g e | 27
 Act on the grounds that he bribed some MPs to vote against the no-confidence motion when he was
serving as the Prime Minister.
ii) Judgement: It was held by the majority of the Court that under Article 105(2) the members of the
parliament will get immunity and thus, the activity of taking bribe by the MP’s will get immunity despite
anything said by them or any vote given by them in the Parliament. Now this judgement has been
overturned. The MPs no more enjoy immunity for bribe to vote.
b) Jaya Bachchan vs Union of India (2006): Jaya Bachchan had been disqualified as member of Parliament on
the ground that she was holding an office of Profit.
c) In Kerela assembly case (2021): The Supreme Court recently held that lawmakers cannot indulge in criminal
acts on the Parliament or Assembly floors and then take cover behind the right to free speech.
i) Observed that Parliamentary privileges and immunities are not “gateways” for legislators to claim
exemption from the law of the land, especially criminal law.
d) Raja Ram Pal vs Speaker of Lok Sabha: Immunity was restricted only to bribery ‘in relation to’ any vote, not
other acts such as raising questions or allocating local area development funds.
e) Sita Soren Bribery Case (2012): Sita Soren, a member of the Jharkhand Mukti Morcha (JMM), was accused
of accepting a bribe to cast her vote in favour of a certain candidate in the Rajya Sabha elections of 2012.
She claimed immunity under Article 194(2), citing the SC 1998 Ruling in the P.V. Narasimha Rao Case.
f) Jharkhand Mukti Morcha (JMM) Bribery Case (1993) (also known as P V Narasimha Rao case): JMM chief
and former Union Minister Shibu Soren and some of his party members were accused of accepting bribes
to vote against a no-confidence motion against the then Prime Minister P.V. Narasimha Rao’s
government.
g) The Supreme Court had quashed the case against the JMM MPs, citing immunity under Article 105(2) of
the Constitution.
5) Overturning of P V Narasimha Rao case: The Supreme Court ruled that MPs and MLAs can’t claim immunity
for bribery. Article 105(2) and 194(2) protections have been overturned.
a) The question before the court was whether a lawmaker would be immune from prosecution under
parliamentary privilege if they accepted a bribe to vote a specific way but then changed their mind?
b) Key takeaways from the 7-bench SC ruling:
i) No violation of the doctrine of stare decisis: The Court can change prior rulings, such as in the P.V.
Narasimha Rao case if it has wide ramifications on public interest, probity in public life, and
parliamentary democracy. (The principle of stare decisis requires courts to follow precedent.)
ii) Legislative privileges must conform with constitutional parameters: Unlike the UK’s historic rights,
India’s parliamentary privileges derive from statute and constitutional privilege, subject to judicial
review.
iii) Constitutional immunity from bribery charges lacks a “two-fold test”: Immunity from prosecution for
bribery contradicts the purpose of fostering debate and deliberation in the legislature, failing to meet
the test of necessity for a legislator’s essential duties.
iv) The “two-fold test” is used to determine the validity of claims to legislative privileges: It involves (i)
assessing whether the privilege claimed is essential to the collective functioning of the legislative body
and (ii) whether the privilege claimed is necessary for the discharge of the essential duties of a
legislator.
v) Accepting a bribe constitutes a criminal offence.
vi) Courts and the House can exercise parallel jurisdictions.

P a g e | 28
6.4 Speaker of Lok Sabha
1) Articles:
a) Article 93: Provides to choose two members of the House to be respectively Speaker and Deputy Speaker
when these two offices fall vacant.
b) Article 95: Power of the Deputy Speaker or other person to perform the duties of the offices of, or to act as,
the Speaker.
c) The Office of the Speaker occupies a pivotal position in our parliamentary democracy. He/She symbolises
the dignity and power of the House over which he/she is presiding.
d) While the members of Parliament represent the individual constituencies, the Speaker represents the full
authority of the House itself.
2) Important Judgements:
a) Keisham Meghachandra Singh vs. the Hon’ble Speaker Manipur Legislative Assembly & Ors. (2020):
i) Parliament to amend the Constitution regarding the role of Speaker as a quasi-judicial authority while
dealing with disqualification petitions under the anti-defection.
ii) Independent tribunal can be appointed which will substitute the Speaker of the Lok Sabha and
Legislative Assemblies to deal with matters of disqualifications under Tenth Schedule.
b) Kihoto Hollohan vs Zachillhu and Others, 1992: Decision of the Speaker on the questions of disqualification
of the members is subject to judicial review.
c) Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, (2020) upheld
the powers of the Speaker to call for a floor test if there is a prima facie view that the government has lost its
majority.

6.5 Joint Session of Parliament:

1) Article 108: It provides for a joint sitting of both Houses of Parliament.
2) Three caveats: A joint session can be called if,
a) Whenever one house of Parliament passes a bill and the other House rejects it, there is a standoff, or
b) There is a stalemate whenever one house of Parliament passes a bill and the other rejects it, or
c) The bill was sent to the other House and sat there for more than six months before it was passed. When the
house is prorogued or adjourned for more than four days in a row, those days are not taken into account
when calculating the six-month period.
3) Bills passed at joint sittings: Only three times since 1950:
a) Dowry Prohibition Bill, 1960.
b) Banking Service Commission (Repeal) Bill, 1977
c) Prevention of terrorism Bill, 2002.

6.6 Ordinance Making Power

1) Articles:
a) Article 123: President has the power to promulgate Ordinance during recess of the parliament.
b) Article 213: Power of Governor to promulgate the ordinance during recess of legislature.
2) Facts:
a) The first Modi government issued the third-highest number of ordinances ever promulgated by an elected
government in the country — 57
b) After independence in the 1950s, central ordinances were issued at an average of 7.1 per year. However, the
number peaked in the 1990s at 19.6 per year. It further increased to 16 in 2019 and 15 in 2020.
c) State Legislature: Bihar had issued 256 ordinances between 1967 and 1981, of which 69 were re-
promulgated several times, including 11 which were kept alive for more than 10 years.

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 d) President of India exercised legislative power under Article 123 of the Constitution, during the period
Parliament was in recess, to promulgate The Government of National Capital Territory of Delhi
(Amendment) Ordinance, 2023 (Ordinance).
3) Important Judgements:
a) R.S. Cooper v. Union of India (1970): President’s satisfaction is justiciable on the ground of ‘malafide’.
i) President's decision to issue the Ordinance could be challenged on the grounds that no “immediate
action” was required and that the Ordinance was passed primarily to avoid debate and discussion in
the Legislature.
b) DC Wadhwa vs. the State of Bihar (1987): The executive's legislative power to issue ordinance should be
used in exceptional circumstances and should not replace the law-making power of the legislature.
c) Krishna Kumar Singh v. State of Bihar: Power to issue ordinances is not absolute, but is conditional on the
satisfaction of the existence of circumstances to take immediate action.

7 Judiciary
7.1 Facts on judiciary
1) Presently, the Supreme Court has a
sanctioned strength of 34 judges, of
which, three are women.
India Justice Report (IJR) 2022
2) Over 4.5 crore cases are pending in courts
across different levels of the judiciary.
While nearly 1,82,000 cases have been
pending for over 30 years.
i) Supreme Court - 0.16%
ii) High Courts- 12.30%
iii) Subordinate Courts- 87.4%
3) In real numbers: 4.15 crore cases in
subordinate courts, 59 lakhs in High Courts
and over 80,000 cases in the Supreme
Court.
4) Close to half of cases in HCs pending for over five years.
5) Despite a sanctioned strength of 1,114 judges, high courts presently have a working strength of 767.
6) Presently, 19 judges for every 10-lakh people. The Law Commission had suggested, as early as in 1987, that
there should be 50 judges for every 10 lakh people in a decade’s time.
7) There are over 5,000 vacancies in subordinate courts against the total sanctioned strength of 24,490.
8) National Crime Records Bureau (NCRB), 2020 : Under trials accounted for 76%.
9) Judicial delays cost India 1.5% of GDP annually. ( JUSTICE DELAYED IS JUSTICE DENIED)
10) Government is the biggest litigant in courts. 46% of all litigation across courts were cases/ appeals filed by state
or central governments.
11) Workload affecting efficiency - Judges in high courts hear on an average of 70 hearings daily. The average time
that the judges have for each hearing could be as little as 2 minutes.

12) Inequipped Judicial infrastructure:

a) Out of the sanctioned expenditure: 91.36% funds unused.

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 b) Total sanctioned strength of judicial officers in the country is 24,280, but the number of court halls
available is just 20,143, including 620 rented halls.
c) As much as 26% of the court complexes do not have separate ladies’ toilets and 16% do not have gents’
toilets.
d) Only 32% of the courtrooms have separate record rooms and only 51% of the court complexes have a
library.
e) Only 5% of the court complexes have basic medical facilities and, only 51% of the court complexes have a
library.
f) Only 27% of the courtrooms have a computer placed on the judge’s dais with videoconferencing facility.
g) The Chief Justice of India, N.V. Ramana, recently proposed creation of a National Judicial Infrastructure
Authority of India (NJIAI), which will take control of the budgeting and infrastructure development of
subordinate courts in the country.

13) Women in judiciary:

a) India Justice Report, 2022:
i) Only 13% of High Court Judges are women. Only 3 judges in supreme court are women.
ii) Across the justice system, one out of 10 is a woman.
iii) Women judges in subordinate courts now constitute a national average of 40%, with five states
recording above 50% women judicial officers.
b) Out of 1.7 million advocates registered, only 15% are women.
c) Only 2% of the elected representatives in the State Bar Councils are women.
d) Out of 6,000 trial courts, nearly 22% have no toilets for women.

14) BEST PRACTICE: The Odisha High Court has become probably the first court in the country to publish an
annual report in 2022, making the judiciary more transparent.

7.2 Criminal justice system reforms

1) Facts:
a) BHARATIYA NYAYA SANHITA 2023- replaces the Indian Penal Code (IPC), 1860, the principal law on
criminal offences in India.
i) For the first time, community service as one of the punishments for petty offences.
ii) It removes the offence of sedition, and instead penalizes the following:
iii) Exciting or attempting to excite secession, armed rebellion, or subversive activities.
iv) Encouraging feelings of separatist activities, or endangering the sovereignty or unity and integrity of
India
v) defines organized crime.
b) BHARATIYA NAGARIK SURAKSHA SANHITA 2023 replaces the Criminal Procedure Code, 1973 (CrPC),
which provided for the procedure for arrest, prosecution, and bail under various Acts.
i) Detention of undertrials: First-time offender who have completed one-third of the maximum period
of imprisonment shall be released on bond.
ii) If spent half of maximum period of imprisonment, shall be released by the Court on bail.
iii) This does NOT apply to offences punishable by death, life imprisonment, and persons against whom
proceedings are pending in more than one offence.
iv) Forensic investigation: Mandatory for offences punishable with at least seven years of imprisonment.

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 c) BHARATIYA SAKSHYA ADHINIYAM 2023
i) It replaces the Indian Evidence Act, 1872 (IEA), which governed the admissibility of evidence in
Indian Courts in all civil and criminal proceedings.
ii) Electronic or digital records as evidence: have same legal effect as paper records.
iii) Oral evidence: It allows oral evidence to be given electronically.
iv) Joint trials: A joint trial refers to the trial of more than one person for the same offence
d) The Indian Penal Code (IPC) is the official criminal code of India. It was drafted in 1860 on the
recommendations of the first law commission of India established in 1834 under the Charter Act of 1833.
The Chairman of the commission Lord Thomas Babington Macaulay.
e) The Code of Criminal Procedure (CrPC) is the main legislation on procedure for administration of
substantive criminal law in India. It was enacted in 1973 and came into force in 1974.
f) The criminal law and criminal procedure are in the concurrent list of the seventh schedule.
2) Important commissions:
a) V.S Malimath Committee (2003):
i) Regarding Police:
(1) Separating the investigation wing of the police from its Law & Order Wing.
(2) Creation of National Security Commission, and State Security Commissions.
(3) Organise Specialised Squads for dealing with organised crimes.
(4) Creating a Police Establishment Board for matters related to postings and transfers, etc.
(5) For probing inter-State or transnational crimes, a special team of officers must be constituted.
ii) Regarding Rights of the Accused: A charter should be launched in all the languages to raise
awareness of their rights.
iii) Right to Silence: The Article 20 (3) of the Indian Constitution should be amended in such a way as to
allow the courts to infringe on this right of the accused and make him/her provide information which
could go against himself/herself.
iv) Judges and Courts: The committee suggested increasing the number of judges in Indian Courts.
b) Madhav Menon committee (2007)
i) Reclassification of offences should be done broadly like Social Welfare Offences Code, Correctional
Offences Code, Grave Offences Code, Economic Offences Code.
3) Supreme court Judgement in Police Reform: Prakash Singh Judgement:
a) Create a State Security Commission (SSC) for ensuring no unwarranted pressure or interference is
exercised on the police by the respective state government.
i) The DGP must have a minimum tenure of 2 years and should be appointed via a transparent merit-
based process.
ii) Hive off the prosecution, investigation, law and order, and other functions of the police.
b) Setup Police Establishment Board (PEB) for the purpose of:
i) Giving decisions on the matters related to police officials below the rank of Deputy Superintendent
of Police (DSP), such as transfers, postings, promotions among other service-related matters.
ii) For police officers above the rank of Deputy Superintendent of Police (DSP), recommend upon the
matters such as postings, and transfers.
c) Create Police Complaints Authority (PCA): National Security Commission (NSC) for the purpose of
selection and placement of Chiefs of CPOs (Central Police Organisations) with a minimum tenure of 2
years.
4) Overcrowded Prison:

P a g e | 32
 a) The national average occupancy rate in prisons across India is 130%.
b) According to former CJI, N.V.Ramana: 6.1 lakh prisoners in the country’s 1,378 prisons at the occupancy
rate of over 155%.
c) In 2020: The Supreme Court suo motu ordered every state government to urgently set up systems to
decongest their respective state prisons.
d) Over 70% of the prisoners are undertrials. Prison administrations spend more money on keeping
undertrials inside jails than the bail money required for their release.
i) Recommended to create a fund, similar to ‘Cheyutha Nidhi’ in Andhra Pradesh, for the payment of
fine amounts for poor prisoners in all states/UTs.
7.2 Contempt of court
1) Constitutional/Legal provisions:
a) Article 129: Supreme court power to punish for the contempt of court.
b) Article 215: High court power to punish for the contempt of court.
c) Article 261: Full Faith and credit shall be given to judicial proceedings.
d) Article 142 (2): Supreme Court shall have all and every power to make any order on punishment of any
contempt of itself.
2) Legislation: Contempt of Court Act, 1971: It defines both civil and criminal contempt.
i) Civil contempt refers to wilful disobedience to any judgment of the court.
ii) Criminal contempt can be invoked if an act:
(1) Tends to scandalise or lower the authority of the court.
(2) Tends to interfere with the due course of any judicial proceeding.
(3) Obstruct the administration of justice.
3) Important Judgements:
a) Prashant Bhushan case (2020): Any publication that attacks an individual judge or the court as a whole,
casting unwarranted and defamatory perceptions over the character of the judges would be included
within the meaning of scandalizing the court. Such an act instils a sense of distrust among the people and
impairs their confidence.
b) M.V. Jayarajan v. High Court of Kerala case: No person can use abusive language against the judges and
threaten them to step down from their offices.
c) JUSTICE RAMASWAMY (1992) CASE- “Supreme court is the epitome of Indian judiciary and an attack on it
leads to loss of public confidence. Thus, hearings on allegations of corruption against judges should not be
made public.”
d) EXAMPLES:
i) Justice Karnan case highlights the case of judicial conduct.
ii) 2011- Two HC judges – Dinakaran and Soumitra Sen faced impeachment proceedings for corruption
and abuse of office.

7.3 Tribunals
1) Facts:
a) 42nd Amendment, Act 1976 on the recommendation of Swaran Singh Committee.
b) Article 323-A: deals with Administrative Tribunals.
c) Article 323-B: It specified certain subjects (such as taxation and land reforms) for which Parliament or state
legislatures may constitute tribunals by enacting a law.

P a g e | 33
 d) The estimated time required for disposal of an appeal/complaint in Central information commissioner is
01 year and 11 months.
e) Waiting time in Odisha State information Commission could extend to 6 years and 8 months.
f) Pendency in Tribunals – 44,333 cases pending in Central Administrative Tribunal– Law Commission.
i) E.g., The Intellectual Property Appellate Board which began with 2,991 cases in 2018-19 had a closing
balance of 4,433 cases in 2021.
ii) E.g., The Airports Appellate Tribunal commenced in 2018-19 with 12 cases. It could not decide even a
single case and ended up with a pendency of 31 cases in 2021.
iii) E.g., As of February 28, 2021, the Armed Forces Tribunal had 18,829 pending cases.
g) Vacancies - CAT has 27 out of 64 posts lying vacant.
h) Report by Vidhi Centre for Legal Policy - as many as 70 out of 100 judges retired from the Supreme Court
have taken up assignments in the many tribunals and commissions.
i) National Tribunal Commission – SC (Madras Bar Association v. Union of India case) called for
independent umbrella body to supervise the functioning of tribunals. It had fixed the term of five years
j) Administrative Tribunals Act- It provides for three types of tribunals i.e., Central Administrative Tribunals
(CAT), At state level and Joint Administrative Tribunals (JAT).
k) The Finance Act, 2017 reorganised the tribunal system by merging tribunals based on functional
similarity. The number of Tribunals was reduced from 26 to 19.
2) Important Judgements:
a) Madras Bar Association versus Union of India, 2021: The Court struck down provisions related to the four-
year tenure and minimum age requirement of 50 years for members.
b) Madras Bar Association versus Union of India, 2020: National Tribunals Commission should be set up to
supervise appointments, as well as functioning and administration of tribunals.
c) Rojer Mathew versus South Indian Bank Limited & ors, 2019:
i) Judicial functions cannot be performed by technical members.
ii) Provisions to allow removal of judges by the Executive is unconstitutional.
iii) There should be a uniform age of retirement for all members of all the tribunals.
iv) The impact of amalgamation of tribunals should be analysed with judicial impact assessment.

7.4 Article 131

1) Facts:
a) Article 131: Supreme Court has original jurisdiction to decide upon a matter of dispute between the
States or between Union and State. It is to uphold the spirit of cooperative federalism.
2) Examples:
a) Kerala challenged the Citizenship (Amendment) Act before the Supreme Court under Article 131 of the
Constitution.
b) Under Article 131, Chhattisgarh government challenged the National Investigation Agency (NIA) Act on
the ground that it encroaches upon the state’s power to maintain law and order.
c) The West Bengal government filed a case regarding ‘Right in Mines in coal-bearing areas’ against the
central law, Coal Bearing Areas (Acquisition and Development) Act, 1957; under article 131.

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7.5 Online justice delivery
1) Facts:
a) Information Technology Act, 2000, promotes e-governance.
b) In 2006, e-court were launched as a part of National e-Governance Plan (NeGP).
c) The Chief Justice of Allahabad High Court (HC), Justice D Y Chandrachud conceptualised and initiated the
project to digitise approximately one crore case files in one year.
d) The hearing of matrimonial cases through video-conferencing was approved by the Supreme Court in the
matter of Krishna Veni Nagam v Harish Nagam (2017).
e) Swapnil Tripathi Vs Supreme Court of India, 2018: The Supreme Court allowed the live-streaming of cases
of constitutional and national importance.
f) The Gujarat HC became the first court in the country to livestream its proceedings in July 2021.
g) The Supreme Court of India has constituted an Artificial Intelligence Committee to explore the use of AI in
the judicial domain.

7.6 Judicial Activism, Judical Restrain Vs Judicial Overreach

1) Judicial Activism: Judiciary has proactive role in protecting the right of the citizens.
a) Examples:
i) The higher judiciary deciding on Diwali fireworks.
ii) Denying the executive any role in the appointment of judges through collegiums.
iii) National Green Tribunal (NGT) ordering that no 15-year-old petrol-driven or 10-
year-old diesel-driven vehicle will ply in Delhi, and the Supreme Court has directed
impounding such vehicles, though neither the NGT nor the Supreme Court are legislative
bodies.
iv) Invalidating the National Judicial Appointments Commission Act seeking to enforce
accountability and transparency.
v) Vishakha guidelines.
vi) Highway Liquor Ban
vii) The Supreme Court established the Lodha Panel amid accusations of Indian cricket corruption, match-
fixing, and betting controversies. In an effort to bring law and order back into the BCCI, the committee
was set up.
b) Judicial Restraint: It is a theory of judicial interpretation that encourages judges to limit the exercise of
their own power.
i) It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.
ii) Judicially-restrained judges respect “stare-decisis”, the principle of upholding established precedent
handed down by past judges.
iii) Examples:
(1) S.R. Bommai v Union of India (1994): In certain cases, the judicial review is not possible as the
matter is political. Power of article 356 was a political question, thus refused judicial review. The
court shall avoid entering the political domain.
(2) Almitra H. Patel Vs. Union of India, 199: Regarding how to keep Delhi clean, it was not for the
Supreme Court to direct them as to how to carry out their most basic functions and resolve their
difficulties, and that the Court could only direct the authorities to carry out their duties in
accordance with what has been assigned to them by law.

P a g e | 35
c) Judicial overreach: It is an extreme form of judicial activism where arbitrary and unreasonable
interventions are made by the judiciary into the domain of the legislature or executive. The court
encroaches upon the role of the legislature by making laws.
i) Invalidating the National Judicial Accountability Commission Act, 2014 seeking to ensure
transparency and accountability in higher judiciary.
ii) Instituting collegiums (an extra-constitutional body).
iii) Imposition of Patriotism in National Anthem Case.
iv) Supreme Court's prohibition on firecrackers during Diwali "judicial overreach."
v) Proactive Censorship in case of Jolly LLB 2 (Movie).
vi) The cancellation of telecom licenses in the 2G case.

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8 Bodies
8.1 NATIONAL COMMISSION FOR SCHEDULED CASTES (NCSC):

1) Facts: -
a) NCSC is a constitutional body that works to safeguard the interests of the scheduled castes (SC) in India.
b) Article 338 provides for the NCSC with duties to investigate and monitor all matters relating to safeguards
provided for them, to inquire into specific complaints and to participate and advise on the planning process
of their socio-economic development etc.
2) RECENT DIRECTIVES OF NCSC:
a) Punjab government has challenged an order of the National Commission for Scheduled Castes (NCSC)
directing it to provide the benefit of reservation while appointing law officers in the office of the Advocate
General.
b) NCSC has directed the Maharashtra government to file an FIR under SC/ST POA (Prevention of Atrocities)
Act on the complaint filed by Sameer Wankhede, former zonal director of NCB Mumbai unit. Sameer
Wankhede had approached NCSC with a complaint that he was being targeted as he belongs to Mahar
community and was handling high-profile cases.
c) NCSC Demands Police Action Against AAP MLA For Engaging People in Manual Scavenging.
d) Taking strong notice against the Punjab government for issuing eviction orders against scheduled caste
residents of Bhama Kalan village of Ludhiana district, who are living there since independence, National
Commission for Scheduled Castes (NCSC) issued a notice to the state government and asked them to submit
a reply within 15 days.

8.2 NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST):

1) NCST was set up in 2004 by amending Article 338 and by inserting a new article 338A in the Constitution
through the 89th Constitution Amendment Act, 2003. Hence, it is a constitutional body.
2) CRITICAL ANALYSIS OF NCST:
a) NCST has been dysfunctional for the last four years and has not delivered a single report to Parliament, a
parliamentary committee has said in a recent report.
b) As per the Commission's website, in the financial year 2021-22, it has met only four times.
c) Its rate of pendency of resolution of complaints and cases that it receives is also close to 50 per cent.
d) The recruitment in the Commission was constrained because of lack of applicants as the eligibility bar was
set too high and the rules being tweaked to enable many more candidates to apply.

8.3 COMPTROLLER AND AUDITOR-GENERAL OF INDIA (CAG)

1) Facts:
a) B.R Ambedkar said- CAG is the “guardian of the public purse” in India.
b) Constitutional provisions:
i) Article 148: CAG appointment, oath and conditions of service.
ii) Article 149: Duties and Powers of the Comptroller and Auditor-General of India.
iii) Article 279: Calculation of "net proceeds" is ascertained and certified by the Comptroller and Auditor-
General of India, whose certificate is final.
iv) Sixth Schedule: The accounts of the District Council or Regional Council should be kept in such form as
CAG, with the approval of the President, prescribe.

P a g e | 37
 c) Comparison with Britain CAG:
i) CAG of India only performed the role of an Auditor General and not of a Comptroller but in Britain it has
the power of both Comptroller as well as Auditor General.
ii) In India the CAG audits the accounts after the expenditure is committed i.e., ex post facto. In UK no
money can be drawn from the public exchequer without the approval of the CAG.
iii) In India, CAG is not a member of the parliament while in Britain; CAG is a member of house of the
Commons.
d) Recent findings of CAG:
i) 2023: CAG reports unveil misuse of public funds, calling for enhanced accountability and oversight.
(1) Raised concerns surrounding the Dwarka Expressway project’s construction cost.
(a) Originally approved at Rs 18.20 crore per kilometre, the project’s cost skyrocketed to an
astonishing Rs 250.77 crore per kilometre.
(b) The absence of a detailed project report and questionable decisions, such as constructing an
eight-lane elevated main carriageway and a six-lane at-grade road, raised alarms about financial
prudence.
ii) Scam of the Haryana government, Faridabad Municipal Corporation(2022): FMC cleared ₹183 crore
worth of payments in multiple instalments of under ₹5 lakh to a single contractor for mostly cooked up
city development works for five years.
iii) Crores spent on subsidy, but stubble-burning up: CAG: Despite spending crores on the In-Situ Crop
Residue Management Scheme, the stubble-burning cases have increased. The CAG report- cases
increased from 43,660 in 2017-18 to 49,905 in 2018-19, owing to the lack of systemic spread of
awareness among stakeholders.
iv) CAG report picks holes in DBT performance audit: CAG found that 70,137 beneficiaries were ineligible
under four social security schemes Punjab government pointing out recovery of Rs 162.35 crore.
v) Uttarakhand Debt: The state finance audit report of the CAG (2021), pointed that the total outstanding
debt on Uttarakhand government at the end of 2020-21 is a staggering Rs 73,751 Crore.
vi) CAG questions food safety department's nod for offerings at Sabarimala- CAG alleged flaws in the
inspections conducted by Food Safety Department.
vii) 2024 CAG Report Finds TN e-Procurement System Fails in Transparency and Competition- revealed
patterns of bid rigging and cartelisation.

8.4 ELECTION COMMISSION OF INDIA

1) Facts:
a) Part XV (Article 324-329): It deals with elections and establishes a commission for these matters.
b) Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
c) Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll-on
grounds of religion, race, caste or sex.
d) Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be based on
adult suffrage.
e) Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
f) Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
g) Article 329: Bar to interference by courts in electoral matters.
2) Election Commissioner Amendment Act 1989 – Earlier Election Commission used to be a single member but
after this, it became multi-member body. It consists of Chief Election Commissioner (CEC) and two Election
Commissioners (ECs)

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3) Chief Election Commissioner and other Other Election Commissioners (Appointment, Conditions of Service
and Term of Office) Act, 2023 –
a) Appointment – By President of India on the recommendation of a three-membered Selection Committee.
b) Selection Committee – Consists of
i) The Prime Minister of India
ii) A Union Minister nominated by the Prime Minister [SC had earlier in Anoop Baranwal vs Union of India
Case, 2023 had ruled that Chief Justice of India Should be the committee but Parliament passed an act
to have Union Minister in committee]
iii) The Leader of Opposition (LoP) in the Lok Sabha
c) Search Committee - headed by the Cabinet Secretary suggests five names to the Selection Committee.
d) Term of Members - 6 years or until they attain the age of 65 years, whichever is earlier.
e) Resignation – Chief EC and other ECs can resign at any time by writing to the President.
f) Removal –
i) Chief Election Commissioner - removed in the same manner and on the same grounds as a judge of the
Supreme Court.
ii) Election Commissioner - removed from office on the recommendation of the Chief Election
Commissioner. Hence no protection of security of tenure as Chief Election Commissioner.
g) Salary and Allowances – Equivalent to that of the Cabinet Secretary (Earlier it used to be same as Supreme
Court Judges)

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 ETHICS MARKS Rec.

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 Pressure groups and formal/informal associations and their role
9
in the Polity

Basis of Pressure Groups Political Party

comparison
Meaning Pressure Group, refers to the interest group that Political Party alludes to an organization
attempts to influence the government policy, for a of people that focuses on the acquisition
definite objective. and retention of power through
collective efforts.
Aim Exerting influence Acquiring power
Entity It is informal in nature It is formal and recognised
Membership Only persons of similar set of values, beliefs and People with similar political ideology can
status can join pressure group. become members.
Elections They do not contest elections; they only support They contest elections and participate in
political parties. the campaign.
Accountability They are not accountable to people. They are accountable to people.
Influence guided by issues which affect a certain group of political parties focus on almost all the
people matters that concern the state or nation
Nature Do not aim to directly share or control political They are involved in politics.
power like political parties
Method of To achieve the desired change, pressure groups For the most part, political parties rely
Working mostly use conventional and non-traditional on constitutional mechanisms to achieve
techniques their goals.
Funding The pressure groups are funded by the local Donations from the general population
community or by individuals with vested interests. are given to political parties.

1) Examples:
a) Business Groups: Associated Chamber of Commerce and Industry of India (ASSOCHAM), Federation of
Indian Chamber of Commerce and Industry (FICCI) etc
b) Religious Groups: Rashtriya Swayam Sevak Sangh (RSS), Vishwa Hindu Parishad (VHP) etc
c) Caste Groups: Harijan Sevak Sangh, Nadar Caste Association etc
d) Ideology based Groups: Narmada Bachao Andolan, Chipko Movement, Women's Rights Organisation, India
Against Corruption etc.
e) Anomic Groups: Naxalite Groups, Jammu and Kashmir Liberation Front (JKLF), United Liberation Front of
Assam (ULFA), Dal Khalsa, etc.
f) Professional Groups: Indian Medical Association (IMA), Bar Council of India (BCI) etc
2) Recent Example: Samyukt Kisan Morcha, which is a coalition of over forty Indian farmers’ union had
coordinated satyagraha against the three farm acts. They became successful in their effort and Government
of India had to take back 3 farm laws.

P a g e | 40
10 Salient features of the Representation of People’s Act
1) Representation of peoples Act, 1950: It has following provisions –
a) Lays down procedures for delimitation of constituencies.
b) It provides for the allocation of seats in the House of people in the Legislative Assemblies and Legislative
Councils of the State.
c) It lays procedures for the preparation of electoral rolls and the manner of filling seats
d) It lays down the qualification of voters.
2) The Representation of the People Act (RPA),1951:
a) It regulates the actual conduct of elections and by-elections.
b) It provides administrative machinery for conducting elections.
c) It deals with the registration of political parties.
d) It specifies the qualifications and disqualifications for membership of the Houses.
e) It provides provisions to curb corrupt practices and other offences.
f) It lays down the procedure for settling doubts and disputes arising out of elections.
3) GROUNDS OF DISQUALIFICATION:
Section 8 1) Disqualification on conviction for certain offences like got punishment under Protection of
Civil Rights Act, 1955, offences under the Customs Act, 1962, under Foreign Exchange
(Regulation) Act, 1973 etc.
2) A person convicted for the contravention of any law providing for the prevention of hoarding
or profiteering, or adulteration of food or drugs, or any provisions of the Dowry Prohibition
Act, 1961
3) A person convicted of any offence and sentenced to imprisonment for not less than two years
shall be disqualified from the date of such conviction and shall continue to be disqualified for
a further period of six years since his release.
Section 8A Disqualification on ground of corrupt practices- The case of every person found guilty of a corrupt
practice by such authority as the Central Government may specify in this behalf, to the President
for determination of the question as to whether such person shall be disqualified and if so, for
what period
Section 10 Disqualification for office under Government company- A person shall be disqualified if, and for
so long as, he is a managing agent, manager or secretary of any company or corporation (other
than a cooperative society) in the capital of which the appropriate Government has not less than
twenty-five per cent. share.
Section 9 Disqualification for dismissal for corruption or disloyalty: A person who having held an office
under the Government of India or State has been dismissed for corruption or for disloyalty to state
shall be disqualified for a period of five years from the date of such dismissal.
Section 9A Disqualification for Government contracts, etc. A person shall be disqualified if there subsists a
contract entered into by him in the course of his trade with the appropriate Government for the
supply of goods to, or for the execution of any works undertaken by, that Government.
Section Disqualification for failure to lodge account of election expenses- If the Election Commission is
10A satisfied that a person has failed to lodge an account of election expenses within the time and in
the manner required by or under this Act; and has no good reason or justification for the failure.

P a g e | 41
3) Other Important Sections:
a) Section 29C: Declaration of donation received by the political parties
b) Section 33A: Right to information.
c) Section 41: Disqualification for being an election agent- Any person who is for the time being disqualified
under the Constitution or under this Act for being a member of either House of Parliament or the House or
either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification
subsists, also be disqualified for being an election agent at any election.
d) Section 75A: Declaration of assets and liabilities- Every elected candidate for a House of Parliament shall,
within ninety days from the date on which he makes and subscribes an oath or affirmation, according to
the form set out for the purpose in the Third Schedule to the Constitution, for taking his seat in either
House of Parliament, furnish the information.
e) Section 77: Account of election expenses and maximum thereo - Candidates must maintain accurate
records of all election-related expenses, managed by themselves or their agents, from nomination day to
result declaration, adhering to specified expenditure limits.
f) Section 78: Lodging of account with the district election officer - Candidates must submit a true copy of
their election expense account to the district election officer within thirty days of the election of the
successful candidate, or the latest election date if multiple candidates win at different times.
g) Section 123: Definition of Corrupt Practices.
h) Section 126: Prohibition of public meetings during period of forty-eight hours ending with hour fixed for
conclusion of poll.
i) Section 126A: Restriction on publication and dissemination of result of exit polls, etc
j) Section 131: Penalty for disorderly conduct in or near polling stations.
k) Section 134A: Penalty for Government servants for acting as election agent, polling agent or counting
agent.
l) Section 134B: Prohibition of going armed to or near a polling station.
m) Section 135A: Offence of booth capturing
n) Section 135C: Liquor not to be sold, given or distributed on polling day
4) Important Judgements:
a) Lily Thomas Case:
i) Section 8(4): Under this, any person who was a member of parliament or the Legislature of a state on
the date of conviction shall get 3-month time of an appeal or application for revision.
ii) The Supreme court in its judgement held the section 8(4) is indeed ultra vires to the constitutional
provisions because ground of disqualification for members and a candidate (Who gets disqualified
immediately if found guilty under any such act) should be same.

11 Elections
11.1 Model Code of Conduct
Examples:

1) Prime Minister Narendra Modi accused of violating the Model Code of Conduct (MCC) 2024 by allegedly
soliciting votes on the basis of religion during his address in Pilibhit, Uttar Pradesh.

P a g e | 42
2) The Election Commission took action in 14 Model Code of Conduct violation related complaints received
during the 18th Lok Sabha elections, leading to 13 notices, six censures and three temporary campaigning
bans.
3) Severe violation of Model code of conduct was found in Kolkata, West Bengal in May 2019: There had been
rampant violence in Kolkata. EC was forced to invoke its constitutional powers to curtail political campaigning
in 9 constituencies. The Election Commission had also ordered the removal of Principal Secretary (Home) Atri
Bhattacharya and Additional Director General, CID, Rajiv Kumar from their postings in West Bengal at that
time.
4) The election commission had issued a warning that it will take stern action against hate speeches and
provocative social media posts.
5) EC issued notice to Akhilesh Yadav over violation of model code of conduct in Saifai during 2022, UP election.
6) MCC does not have any statutory backing.
a) Certain provisions of the MCC may be enforced through invoking corresponding provisions in other
statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure,1973, and Representation of the
People Act, 1951.
7) Making Legally Binding:
a) In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended
making the model code of conduct legally binding.
b) The Election Commission argues against making it legally binding because of longer judicial proceedings.

11.2 Criminalisation of politics

1) Definition: Criminalization of politics means the rising
participation of criminals and people facing criminal
charges in politics. In other words, people with criminal
backgrounds becoming politicians and elected
representatives.
2) Facts:
a) India ranked 93rd among 180 nations in the
Corruption Perception Index, CPI 2023, released by
Transparency International. In 2022, India was ranked
85.
b) Association of Democratic Reforms (ADR) states that,
nearly half of the 18th elected Lok Sabha members
have criminal charges against them.
c) There is increase in number of MPs with pending
criminal cases:
i) It was 24% in 2004, 30% in 2009, 34% in 2014,
43% in 2019 and 46% in 2024.
d) Around 99.7% of the electoral bonds purchased by
value are of Rs 1 crore & Rs 10 lakh denominations.
e) MILAN Vaishnav wrote in his book that – when crime
pays, weak public institutions leave a vacuum
exploited by criminal politicians who solve problems

P a g e | 43
 for their caste groups
3) Law commission 179th report: It recommended an amendment to the Representation of people act 1951.
a) People with criminal backgrounds should be disqualified for five years or until acquittal.
b) Persons who want to contest the election must furnish details regarding any pending case, with the copy
of the FIR/complaint, and furnish details of all assets.
4) Supreme court Judgements:
a) Association for Democratic Reforms (ADR) v. Union of India, 2002 mandated the disclosure of information
relating to criminal antecedents, educational qualification, and personal assets of a candidate contesting
elections.
b) Supreme court directions:
i) ECI has been directed to create a mobile application that contains all the information about the criminal
antecedents of the candidates so that the general public can have access to information conveniently.
ii) ECI has been directed to create a separate monitoring cell for checking whether the parties are
complying with the court’s order or not. It has also referred them to bring such instances of the breach
to the knowledge of the court.
iii) The Hon’ble Supreme Court directed the political parties to set up a new tab on their homepage of
websites named ‘candidates with criminal antecedents’ to make it easier for voters to know more
information.
iv) Unique bench at the Supreme Court might be formed to monitor the cases involving accused MPs and
MLAs.
c) Lily Thomas v. Union of India (2013) case struck down Section 8(4) of the Representation of the People Act
that allowed convicted lawmakers a three-month period for filing appeal to the higher court and to get a
stay on the conviction and sentence.
d) SC had ordered Public Interest Foundation and Ors. v Union of India (2014) that trials, in relation to sitting
MPs and MLAs be concluded within a year of charges against them being framed.
e) The Supreme Court imposed additional disclosure norm for candidates in Lok Prahari v. Union of India,
2018 to include their sources of income and those of spouse and dependents. This paves a way for future
constitutional interventions in India’s political party funding regime, including the scheme of electoral bonds.

11.3 Electoral reforms

1) Electoral expenses:
a) The ceiling on parliamentary poll expenditure has been raised from 70 lakh to 95 lakh rupees in bigger
states and 54 lakhs to 75 lakhs in smaller states.
b) For Assembly constituencies, expenditure limits have been enhanced from 28 lakh rupees 40 lakh rupees
in bigger states and from 20 lakhs to 28 lakhs in smaller states.
2) Restriction on exit polls: Exit poll results could be broadcast only after the final phase of the elections were
over.
3) Introduction of NOTA: Nota was introduced in India after the 2013 Supreme Court judgement in the People’s
Union for Civil Liberties Vs Union of India Judgement.
4) Introduction of VVPAT (Voter Verified Paper Audit Trail)
5) Awareness Creation: The government decided to observe January 25th as ‘National Voters Day’ to mark the
EC’s founding day. E.g., Chunav pathshalas in polling stations and Electoral literacy clubs in all schools help in
building awareness.
6) Sharing information: Supreme Court in Lok Prahari case, 2018 asked the centre to amend the rules to include
the sources of income and those of their spouses and dependents. Non-disclosure would amount to corrupt

P a g e | 44
 practices under RPA, 1951.
7) Transparency in election funding: Government introduced an Electoral Bond Scheme in January 2018,
purportedly with a view to cleansing the prevailing culture of political sponsorship.
8) Election Laws (Amendment) Bill, 2021:
a) Extending the qualifying date for registration of young new voters.
b) Seeks to link electoral rolls to Aadhaar number has been listed for introduction in the Lok Sabha.
c) A common electoral roll: It will reduce manpower and cost. It will lessen the chances of missing out the
name of the candidate/voter for all three tiers of elected bodies. Moreover, it reduces the workload of
teachers.
d) An amendment to section 20 of the RP Act, 1950 and section 60 of the RP Act, 1951- replacing the word
‘wife’ with ‘spouse’ seeks to make the elections gender-neutral for service voters.
9) Voter facilitation:
a) Doorstep electoral services to disabled and senior citizens.
b) Digital Election calendar for information of schedules of elections.
c) GIS based ELECTORAL ATLAS for mapping parliamentary constituencies.
10) Voter registration:
a) ERONET is a web-based platform that has standardised forms processing and provided a standard
template for e-roll printing. It aims to stop voter duplication.
b) Provision of EPIC (Electors Photo Identification Card) for voters in order to make it easier for the voters to
exercise voting right. The EPIC number is a unique set of numbers and letters that prove an individual’s
identity and citizenship.
c) Integration of voter registration process with Digi-Locker and UMANG (Unified Mobile Application for
New-age Governance).
11) Measures Taken by Election Commission:
a) Systematic Voters' Education and Electoral Participation Programme (SVEEP): For voters’ awareness.
b) Political Parties Registration Tracking Management System (PPRTMS): To allow an applicant to track the
progress of his/her application.
12) Important Committee Recommendation:
a) Dinesh Goswami Committee:
i) The question of disqualification of members should not be decided by the speaker or the Chairman of
the concerned House.
ii) No candidates should be allowed to contest an election from more than two constituencies. The age of
Candidates for assembly seats should be reduced to21 and for the Council to 25.
iii) Speedy trial of election disputes through the help of ad-hoc judges should be ensured.
b) Jeevan Reddy Committee:
i) Total ban on splits and mergers of political parties during the term of the Lok Sabha or Legislative
Assembly.
ii) Person should be disqualified from contesting elections to the Lok Sabha or an Assembly if a court has
ordered framing of charges in respect of offences listed in the Representation of the People Act, 1951,
to curb the criminalization of politics.

11.4 Simultaneous elections

1) Simultaneous Elections:
a) To implement simultaneous election, following articles need to be changed.

P a g e | 45
 i) Article 83: Dealing with the duration of Houses of Parliament
ii) Article 85: Deals with the dissolution of Lok Sabha by the President.
iii) Article 17: deals with the duration of state legislatures.
b) Law Commission of India draft report on Simultaneous Election, 2018:
i) Simultaneous elections cannot be held within the existing framework of the Constitution.
ii) At least 50% of the states should ratify the constitutional amendments.
iii) The Commission recommended three alternatives to synchronise elections in India.
(1) Option 1: The Commission recommended advancing or postponing election timings in certain states,
such that elections to all state assemblies and Lok Sabha may be held together in 2019.
(2) Option 2: If assembly elections are held in 2019 and 2021, as described above, then elections will
only need to be conducted twice in five years.
(3) Option 3: If simultaneous elections cannot be conducted, then the Commission recommended that
all elections falling due in a calendar year should be conducted together. The timing of such election
should be conducive to all state legislatures involved and the Lok Sabha (if dissolved earlier). This
option will also require amendments to the Constitution and the Representation of the People Act,
1951.
c) In favour of simultaneous elections: Parliamentary Standing Committee, 2015, 79th Report:
i) It will reduce expenditure, policy paralysis during MCC, burden on manpower etc.
ii) There would be Impact on delivery of essential services such as holding of political rallies disrupts road
traffic and leads to noise pollution. Simultaneous election will bring it down significantly.
iii) NITI Aayog report: “Analysis of Simultaneous elections: the What, Why and How”: It will focus on
heterogeneous needs of the nation as the national parties will focus on regional issues and regional
parties will fight for national issues.
d) The Law Commission of India chaired by Justice B. S. Chauhan provide the following:
i) Simultaneous elections would require amendments to Representation of the People’s Act 1951, and
the Rules of Procedure of Lok Sabha and State Assemblies.
ii) Constitutional amendment to this effect must receive ratification from at least 50% of the States.
e) Single electoral roll and Electoral Photo Identity Cards (EPIC) for use in elections to all the three tiers of
Government.
f) Many countries have simultaneous election in some form or other like Sweden, South Africa, Belgium,
Indonesia, UK, Germany.

11.5 Women in politics

1) Facts:
a) Gender Representation in the 18th Lok Sabha: Comprises 74 women and 469 men. Women MPs make up
only 13.6% of all MPs.
i) A regression from the 2019 election, which had 14.4% women MPs.
b) Expectations vs. Reality: First election after passing the Women’s Reservation act. The act aims to reserve
one-third of seats in Lok Sabha and state assemblies for women.
i) Despite this, women’s parliamentary representation did not improve as expected.
ii) Overall representation: The average percentage of women’s representation in politics globally stands at
about 22%, whereas in case of India it is a mere 13.6% approx.
c) Election Commission of India data:
i) The scenario for women Members of Legislative Assemblies (MLAs) across all state assemblies in India
is even worse. (National average - 9%).
ii) In the last 75 years of independence, women’s representation in Lok Sabha has not even increased by

P a g e | 46
 10%.
2) Voting pattern: During 1990s, male voters were 12% more likely to turn out to vote as expected of women.
However, the trend has been changing.
a) Women takes centre stage: 2024 general elections saw a notable increase in voter turnout with 45.1 crore
voters compared to 42.6 crore in 2019, indicating a rise of 2.5 crore voters.
b) Female voters increased by 93.6 lakh, surpassing male voters' rise, hinting at a shift in Indian politics-
approximately 110 female voters for every additional 100 male voters.
3) According to an Inter-Parliamentary Union study, India ranks 148th out of 193 countries in terms of female
representation in the lower or single house of Parliament.
4) The Constitution (One Hundred and Sixth Amendment) Act, 2023 or Women Reservation Act, 2023- provide 33
percent reservation to women in both the Lok Sabha (House of the People) and state Legislative Assemblies.
5) Article 243D: ensures participation of women in Panchayati Raj Institutions by mandating not less than one-
third reservation for women out of total number of seats to be filled by direct election and number of offices of
chairpersons of Panchayats.
6) Representation in local self-government: Government has reserved 33% of the seats in Panchayati Raj
Institutions for women. However, women constitute 46% of elected representatives in PRIs (Many states have
given increased the reservation for women.) (Challenges - Panchayat Pati).
7) Best case study: Mexico: Achieved parity in both houses of Parliament. Women hold several significant
political offices. In 2024, both top contenders for President were women.

12 Role of NGOs
12.1 Regulation of NGOs
3) Facts: 1) Rules and Regulation in India: The Income Tax
a) The Central Statistical Institute of India Department and the Ministry of Home Affairs are the
reports that India has 33 lakh NGOs (Non- various departments and regulatory bodies for NGOs
Government Organizations) or CSOs that receive foreign contributions.
(Community Service Organizations).
2) Laws for NGO registration:
b) According to the Central Bureau of
a) Indian Trusts Act of 1882
Investigation (CBI), there is one non-
b) Societies Registration Act, 1860
governmental organisation (NGO) for every
600 Indian people. c) The companies Act, 2013
c) Annually NGOs in India receives a fund d) The Trade Union Act, 1926
around Rs 20,000 crores e) The Multi-State Co-operative Societies Act, 2002
d) Only 2% NGOs are registered and out of f) The Foreign Contribution (Regulation) Act of
which more than 90% do not submit their 2010 (FCRA)
balance sheets.
e) “The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary General
4) Role played by NGOs in Covid pandemic:
a) Medical Aid: Khalsa Aid providing free oxygen concentrators.
b) Mazdoor Kitchen: to provide meals and subsistence to daily wage worker.
c) Telemedicine: Switch ON NGO connecting patients with the doctors.
d) Awareness Generation: CRY using rangolis to spread awareness in rural areas.
e) Education: Bridging the digital divide by providing online classes, tablets etc. E.g., Miracle Foundation.

P a g e | 47
 f) Mission Oxygen began as an overnight initiative by a community of founders and entrepreneurs across
Delhi/NCR to aid and assist hospitals that were running out of oxygen to treat Covid19 patients.
g) 40% of the people who took refuge in shelter homes, staying in
camps set up by NGOs.
h) Government directed FCI to provide wheat and rice to NGOs at
open market sale rates without going through e-auction process.
i) Awareness campaigns through communication in vernaculars.
5) NGO's role in policy formulation:
a) India against corruption (IAC) brought Lokpal Bill.
b) Mazdoor Kisan Shakti Sangathan (MKSS) played key role in RTI
formulation.
c) ADR played key role in electoral reforms.
d) Parivartan by Arvind Kejriwal played key role in Tax Reforms.
6) NGO's role in policy implementation:
a) Akshay Patra foundation for mid-day meal scheme.
b) PRATHAM facilitating access to education for vulnerable and poor through its ASER report.
c) WhatsApp has partnered with Digital Empowerment Foundation to curb fake news across the country by
conducting workshops.
d) Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a non-governmental
organisation in India working to end bonded labour.
7) NGO's role in policy evaluation:
a) Social audit committees in Andhra Pradesh and Tamil Nadu in evaluating NRHM.
b) PRATHAM helped in assessment of learning levels by bringing out ASER report.
8) NGO’s role in making government sensitive:
a) Centre for science and environment helped introduce CNG buses in Delhi in wake of air pollution.
b) Role of Amnesty international and other NGOs in protection of human rights (e.g., Custodial death/torture)
9) Environmental conservation:
a) E.g., The Energy and Resources Institute (TERI) is a research institute that specializes in the fields of
energy, environment and sustainable development.
b) E.g., Chilika Bachao Andolan in Odisha made cancel Tata Fisheries lease of shrimp cultivation in Lake
Chilika on basis of EIA following protests.
10) Issues related to NGOs in India:
a) Misuse of foreign funding for anti-development work:
i) Recently, the Union government has asked the CBI to probe Oxfam India over alleged violation of
foreign funding norms. Oxfam's foreign funding was blocked when the home ministry refused to renew
its FCRA licence in 2021.
ii) Only about 10 per cent of the NGOs file their annual income and expenditure statements, revealed by
CBI.
iii) In 2015, the Union ministry of home affairs (MHA) suspended Greenpeace India's foreign funding
because Greenpeace had “prejudicially affected the economic interest of the state”.
b) Anti-Development Work: IB report stated that the working of few NGOs in the name of protests against
the government activities have become detrimental to the nation development. It led to loss of 2-3% of
country’s GDP. They are mainly involved in funding anti-nuclear and anti-coal fired power plant protests
as well as anti-GMO protests across the world
c) Unethical Practice: For example, Yuva Shakti was an NGO that was willing to convert black money into

P a g e | 48
 white when demonetisation phase was going on.
11) Recommendations:
a) Vijay Kelkar Committee recommendations
1) Establish a 3-tier monitoring system for NGOs receiving funds from government.
2) Restricted regulations in consistent with fundamental rights and objective volunteerism.
3) National Regulatory Agency to oversee working of NGOs.
4) Bring NGOs implementing government policies under Right to Information Act.
5) Make adequate disclosure of annual reports mandatory to entrust public confidence.
6) Credibility Index & Performance Index for enforcing accountability.
b) Second ARC recommendations: National Accreditation Council: To devise accreditation for obtaining
funds from government.
c) Other recommendations
i) Indian government should liberalize the rules and regulations grants – in – aid and sanction adequate
grants as per the requirements of NGO.
ii) Put in place adequate standards: There should be proper guidelines related to HR policies and
practices of NGOs.
iii) Appointment of a permanent commission of inquiry or committees to cross-check the misuse of funds
and other resources.
iv) Promote utilization of the latest technologies like the Internet, websites, for raising their funds and
improve the communication system.
v) Innovative local solutions to local problems always attract the people and their support.
vi) Social stock exchange: To be implemented to mobilise funds for social service sectors.

13 Self Help Groups (SHGs)

1) Facts:
a) India boasts of some 12 million SHGs, of which 88 per cent are all-women-member ones.
b) These groups usually consist of 20-25 members, mostly residents of villages.
c) 90% of SHGs in India consists exclusively of women.
d) NABARD launched the SHG Bank Linkage Project in 1992: world’s largest microfinance project.
e) By 2022, these groups operate a financing operation that is regarded as the world’s largest microfinance
project.
f) SHG-BLP covers 142 million families with saving deposits of Rs 47,240 crore. (Economic Survey 2022-2023)
g) The aggregate bank balance of about Rs.7000 crores.
h) In 2021, the government, under its COVID-19 pandemic stimulus package, increased SHGs’ limit for
collateral-free loans to Rs 20 lakh from Rs 10 lakh. This reportedly benefited 6.3 million women SHGs
and 68.5 million households.
i) “Over a period of time, ‘Self Help Groups’ turn into ‘Nation Help Groups’.”- Prime Minister Modi
2) Some Case Studies:
a) Kudumbashree in Kerala: Launched in 1998.
i) The largest women empowering project in the country.
ii) It has three components i.e., microcredit, entrepreneurship and empowerment.
iii) It has three-tier structure - neighbourhood groups (SHG), area development and Community

P a g e | 49
 development society.
iv) It is a government agency that has a budget and staff paid by the government. The three tiers are also
managed by unpaid volunteers.
b) Mahila Arthik Vikas Mahamandal (MAVIM) in Maharashtra: Community managed resource centre
(CMRC) under MAVIM was launched to provide financial and livelihood services to SHGs. CMRC is self-
sustaining and provides need-based services.
c) Jeevika Didi of Bihar: Jeevika Didis of Bihar had banned liquor in many Bihar districts before the State did
so.
d) SHGs forming Anaaj banks in Allahabad that is helping tribals like musahars to fight hunger.
e) Lijjat papad
f) Bank Sakhi program.
g) SHGs were involved in making masks during COVID-19 times. As per report of ministry of rural
development, more than 132 lakh masks have been produced by 14,522 SHGs involving 65,936 members
in 399 districts, spread across 24 states of India, in just a period of 15 days from March 15 to March 30,
2020.
h) ASRLM: ASRLM, in collaboration with Krishi Vikash Kendras and MGNREGA, is working to expand organic
fertilizer capacity and pave the path for the production and use of Vermicompost in the future.

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14 Important aspects of governance, transparency and accountability

14.1 Citizen Charter

1) Facts:
a) Definition: Citizen’s Charter is a document of commitments made by The Charters are expected to incorporate
a organization to the citizens/client groups in respect of the the following elements:
services/schemes being provided to them. 1) Vision and Mission Statement;
b) Case study: The Ministry of Panchayati Raj (MoPR) in collaboration 2) Details of business transacted by the
organisation;
with National Institute of Rural Development and Panchayati Raj
3) Details of clients;
(NIRDPR) has released a Model Panchayat Citizens Charter 4) Details of services provided to each
framework. client group;
c) 'Action Plan for Effective and Responsive Government' was 5) Details of grievance redress
mechanism and how to access it; and
adopted in 1997 at centre and state level. In It was decided that
6) Expectations from the clients.
the centre and state government would formulate Citizens’
Charter.
d) The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill,
2011 (Citizens Charter) was introduced in the Lok Sabha in December 2011. It was referred to a Standing
Committee which submitted its report in 2012. The bill, however, lapsed due to the dissolution of the Lok
Sabha in 2014.
e) Citizen’s charters are not legally enforceable documents. They are just guidelines to enhance service
delivery to citizens.
nd
2) 2 ARC Recommendation:
a) Charters should restrict a few promises that can be kept rather than have a long unfulfilled list.
b) There should not be a uniform charter across organizations. They should be local and customized.
c) All stakeholders must be kept on board while drafting the charters.
d) Commitments made should be firm and there should be a citizen-friendly redressal mechanism.
e) Officers should be held accountable if commitments made are not fulfilled.
f) The citizen’s charters should be reviewed and revised regularly.
g) Specify the remedy/compensation in the case of any default in meeting the standards mentioned in the
charters.
3) Sevottam model: It is a
service delivery
excellence model which
was proposed
by 2nd ARC. (Refer Figure)

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The spirit behind the Citizen’s Charter ---- A customer is the most important visitor on our premises. He is not
dependent on us; we are dependent on him. He is not an interruption on our work; he is the purpose of it. He is not
an outsider on our business; he is part of it. We are not doing him a favour by serving him; he is doing a favour by
giving us an opportunity to do so. - Mahatma Gandhi

14.2 Social audit

1) Facts:
a) A social audit is a way of measuring, understanding, reporting and ultimately improving an organization’s
social and ethical performance.
b) Social Audit gained significance after the 73rd Amendment of the constitution that empowered gram
sabhas to conduct social audits.
c) RTI Act 2005 is an important pillar that helps in efficient functioning of social audits.
d) MGNREGA 2005 section 17, provides for social audits to increase transparency.
2) Examples:
a) Kerala only state to have completed social audit of work done under MGNREGS.
b) Andhra Pradesh: There is a ‘Society for Social Audit, Accountability and Transparency’: an autonomous
body insulated from government interference.
i) Aim is to uphold the concept of eternal vigilance by the people, facilitated by social activists and
Government acting in conjunction.
ii) ‘Social Audit Forums-Public Hearings’ is an important component of the social audit process.
c) ‘The Meghalaya Community Participation and Public Services Social Audit Act, 2017’: The Meghalaya
became the first state in India to operationalise a social audit law.
i) A Social Audit Facilitator will be appointed to conduct the audit directly with the people who will
present findings to the Gram Sabha, which will further add inputs and the result will finally go to the
auditors.
ii) A Social Audit Council (SAC) has been established as a panel to review government programmes during
the course of their implementation.
d) Pradhan Mantri Aawas Yojana-Gramin (PMAY-G) audits are done in Uttar Pradesh, Meghalaya and West
Bengal.
e) National Social Assistance Programme (NSAP) audits are done in Andhra Pradesh and West Bengal.
f) Information Monitoring, Evaluation and Social Audit (I-MESA): The scheme is formulated by Ministry of
Social Justice and Empowerment in Financial year 2021-22.
i) Social Audits conducted for all the schemes of the Department starting FY 2021-22.
ii) Done through Social Audit Units (SAU) of the States and National Institute for Rural Development and
Panchayati Raj.
g) Initiative of conducting social audits was taken by Tata Iron and Steel Company Limited (TISCO),
Jamshedpur in the year 1979.

14.4 Participatory governance

1) Meaning: Participatory governance is the system of governance that promote the active participation of
citizens in decision making processes.
2) The target 11.3 of the SDG 11: enhance inclusive and sustainable urbanisation and capacity for participatory,
integrated, and sustainable human settlement planning and management in all countries, by 2030.
3) To build a better, credible state, the country needs to start at the bottom.
4) Ways to Ensure:
a) Legislative measures and policies: Through the 74th Amendment Act and programmes like JNNURM, Smart

P a g e | 52
 Cities Mission, Jal Jeevan Mission.
b) Citizen charters for all public institutions.
c) Policies like Consumer protection Act and Consumer forums for safeguarding consumer interests.
d) Right to information
e) Social Audit for various government schemes like MGNREGA.
f) Acts like Whistle Blower Act, gave power to employees to bring out wrongs done in the institution.
g) Role of social media
h) PM interaction with common man with initiative like “Mann ki Baat”.
i) Data Governance Quality Index: Enable Ministries/ Departments and state departments to assess
themselves at various levels of data maturity on the basis of a standardized framework, which in turn
would facilitate deepening of digitization in the Government of India.

14.5 Right to Information Act, 2005

1) Facts:
a) Section 4 of the RTI Act: It requires suo-motu disclosure of information by each public authority. However,
such disclosures have remained less than satisfactory.
b) Section 8 (1): It mentions exemptions against furnishing information under RTI Act.
c) Section 8 (2): It provides for disclosure of information exempted under Official Secrets Act, 1923 if larger
public interest is served.
d) Time Period: In normal course, information to an applicant is to be supplied within 30 days from the
receipt of application by the public authority.
i) If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours.
ii) In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong
public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.
e) RTI (Amendment) Act, 2019: central government will notify the term of office for the CIC and the ICs.
i) Salaries, allowances, and other terms and conditions of service of the central and state CIC and ICs will
be determined by the central government.
2) Other Information:
a) The first grassroots’ campaign for the introduction of RTI was started by Mazdoor Kisan Shakti Sangathan
(MKSS) in 1994.
b) Section 8(1) (j) saw the highest use. - Allows officials to refuse access to information if it intrudes on the
privacy of an individual, but permits disclosure of information if there is an overriding public interest.
c) Tamil Nadu became the first Indian State to pass RTI law in 1997.
d) Anti-corruption tool: In the past 17 years, it has been instrumental in uncovering a list of major scams.
Scams like Adarsh Society Scam, 2G scam, Commonwealth Games Scam, Indian Red Cross Society Scam are
some noticeable achievements under RTI.
e) The success of the Act earned it the 4th place among 111 countries in the annual rating of similar
empowering laws across the world in the year 2016.
f) Misses:
i) CIC annual report: Progressive decline in Rejections: The rejection rate of applications of the RTI fell to
4.3% (from 8.4% in 2014-15) - the lowest rejection percentage observed since inception of the
Commission.
ii) As on June 30, 2021, 2.56 lakh appeals were pending with 26 Information Commissions in the country.
iii) It takes 6 years and 8 months to dispose of a matter in Odisha, as per the going rate, according to the
Satark Nagrik Sangathan (SNS) 2021 report.
iv) Recently, Supreme Court directed the Centre and State governments to fill the vacancies in the Central

P a g e | 53
 Information Commission (CIC) and State Information Commission (SIC)
v) PWC report - only 15% of the respondents were aware of the RTI Act & awareness level is low among
the disadvantaged communities such as women, rural population, and OBC/SC/ST category.
vi) Nearly 90% of the PIOs did not use the provision for inspection of records (Section 6(1)).
vii) 70% of RTI information sought should have been made suo-motu disclosure.
viii) Threat to activists: 99 RTI activists have lost their lives, 180 assaulted and 187 were threatened since
2006 (Commonwealth Human Rights Initiative (CHRI).
ix) Report Card of Information Commissions in India, 2018-19’ by the Satark Nagrik Sangathan (SSN) and
the Centre for Equity Studies (CES)-
(1) Less than 45% received the information they had sought.
(a) Of the 55% who didn’t receive the information, less than 10% filed appeals.
g) Best Practices – Rajasthan reboots RTI Act: Jan Soochna Portal to provide govt information at the click of a
button.
h) Second ARC: Government of India may allocate 1% of the funds of the ‘Flagship Programmes’ for a period of
five years for improving the infrastructure requirements.

14.6 Lokpal
1) Facts:
a) The Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and
Lokayukta for States.
b) The term Lokpal and Lokayukta were coined by Dr. L. M. Singhvi.
c) In 1966, the First Administrative Reforms Commission recommended the setting up of two independent
authorities- at the central and state level, to look into complaints against public functionaries, including
MPs.
d) In 2002, the Commission to Review the Working of the Constitution headed by M.N. Venkatachaliah
recommended the appointment of the Lokpal and Lokayuktas; also recommended that the PM be kept out
of the ambit of the authority.
e) "India Against Corruption movement" led by Anna Hazare put pressure on the government at the Centre
and resulted in the passing of the Lokpal and Lokayuktas Bill, 2013, in both the Houses of Parliament.
f) Pinki Chandra Ghose was appointed the first Lokpal in India in 2019.
g) Lokpal received 5,680 complaints during 2021-22
2) Functioning:
a) After a gap of nearly two years, the new chairperson of the Lokpal, former Supreme Court Justice AM
Khanwilkar, has been appointed in Feb 2024.
b) Pendency: For example, in Karnataka – 13891 cases was pending till 31, may 2023.
3) Supreme Court intervention: April 24, 2017 judgement asserted that Lokpal appointments would not
become void because of an ‘absent’ LoP.

14.7 Sustainable Development Goal ( SDG) Implementation in India

1) In India, the Ministry of Statistics and Programme Implementation (MoSPI) has created 306 national
indicators in line with the 169 SDG targets and the Global Indicators Framework.
a) India way ahead of any income group country in reaching Sustainable Development Goals.
2) Performance:
a) Goal 1: No Poverty
i) Proportion of population living below the national poverty line- 21.92 % (2011-12)

P a g e | 54
 ii) The pace of reduction of extreme poverty in rural India has been more dramatic than in urban areas.
iii) The southern states of Kerala, Tamil Nadu, and Andhra Pradesh have had the most success in reducing
poverty, with isolated triumphs in the Northeast and the Himalayan state of Uttarakhand.
iv) An IMF working report - extreme poverty in India was as low as 0.8% in 2019 and the country
managed to keep it at that level in 2020 despite the pandemic, by resorting to food transfers through
the Pradhan Mantri Garib Kalyan Yojana.
b) Goal 2: Zero Hunger
i) Malnourishment in children (stunting, wasting and underweight) under 5 years has reduced as per
NHFS-5 (2019-21) from 38.4% to 35.5%, 21.0% to 19.3% and 35.8% to 32.1% respectively as compared
to NHFS-4 (2015-16).
ii) Gross Value Added in agriculture per worker (in ₹) has increased from 61,427 in 2015-16 to 87,609 in
2023-24.
c) Goal 3: Good Health and Well Being
i) India’s life expectancy at birth inched up to 69.7 in the 2015-19 period. (Global Average – 72.6 years)
ii) As per the Sample Registration System (SRS) Bulletin of Registrar General of India (RGI), the Infant
Mortality Rate (IMR) has reduced from 37 per 1000 live births in 2015 to 30 per 1,000 live births in
2019 at National Level.
iii) The Maternal Mortality Ratio has declined from 130 per 1,00,000 live births in 2014-16 to 97 per
1,00,000 live births in 2018-20.
iv) The Under-five mortality rate has declined from 43 per 1000 live births in 2015 to 32 per 1000 live
births in 2020.
v) In India, nearly 5.8 million people die from non-communicable diseases (NCDs) such as diabetes and
respiratory disease every year.
(1) 1 in 4 Indians has a risk of dying from an NCD before they reach the age of 70, and according to
World Bank Report, India has the highest road accidents i.e., 4.5 lakh road accidents per annum.
India plans to halve each of these rates.
d) Goal 4: Quality Education
i) According to Ministry of Education Report:
(1) Gross Enrolment Ratio in higher secondary education has increased from 48.32 in 2015-16 to
57.60 in 2021-22
(2) In 2021-22, the Pupil Teacher Ratio (PTR) stood at 26 for primary, 19 for upper primary, 18 for
secondary and 27 for higher secondary, showing an improvement since 2018-19.
(3) The Gender Parity Index (GPI) of GER shows the representation of females in school education is
in line with representation of girls in population of corresponding age group.
(4) Gross Enrolment Ratio increased to 89.7% (from 87.7%) at Upper Primary level, 97.8% (from 96.1%)
at Elementary Level, 77.9% (from 76.9%) at Secondary Level and 51.4% (from 50.1%) at Higher
Secondary Level in 2019-20 (from 2018-19).
ii) Classroom overcrowding- just 70.4 percent of primary and secondary schools having a pupil-to-
teacher ratio of less than 30.
e) Goal 5: Gender Equality
i) As per Census 2011, the Gender ratio of India is 943 females per 1000 males.
ii) In Haryana, there are only 831 girls born and registered for every 1000 males, resulting in a ten-
percentage-point gender gap.
iii) Number of Self-Help Groups (SHGs) provided bank credit linkage has increased from 18.32 lakh in

P a g e | 55
 2015-16 to 44.15 lakh in 2023-24.
iv) Exclusive women SHGs in Bank linked SHGs has increased from 88.92% in 2015-16 to 97.53% in 2023-
24.
f) Goal 6: Clean Water and Sanitation
i) Between 2002 and 2016, groundwater in India was depleted at a rate of 10-25 millimetres per year.
ii) With nearly 600 million Indians experiencing high-to-extreme water stress–and about 200,000
people dying each year.
iii) Percentage of population using an improved drinking water source in rural areas has increased from
94.57% in 2015-16 to 99.29% in 2023-24.
iv) Percentage of wards with 100% door to door waste collection has increased from 43% in 2016 to
97% in 2024.
g) Goal 7: Affordable and clean energy
i) India has made significant efforts in developing the electrical system throughout the country, with
96.7 percent of the population now having access to electricity.
ii) The installed renewable energy generating capacity in the country has shown a steady increase in
value from 63.25 watts per capita in 2014-15 to 136.56 watts per capita in 2023-24.
h) Goal 8: Decent Work and Economic growth
i) Goal 9: Industry, innovation and infrastructure
i) The number of patents issued (granted) has increased from 6,326 in 2015-16 to 1,03,057 in 2023-24.
j) Goal 10: Reduced Inequalities: The Palma Ratio, which divides the GNI share of the wealthiest 10% of the
population by that of the lowest 40%, yields a ratio of 1.41 in urban areas and.92 in rural areas, according
to the NITI Aayog.
i) Percentage of budget allocated for welfare of SCs and STs has increased from 2.86% in 2015-16 to
6.19% in 2023-24.
k) Goal 11: Sustainable cities and communities
i) India’s urban areas have an average yearly PM 2.5 level of 90.9 g/m3, while in Delhi, it is 150 mg/m3,
which is significantly beyond the World Health Organization’s recommended range.
l) Goal 12: Responsible Consumption and production
i) India’s per-capita resource consumption has remained low, owing to the country’s high population
density and low material prosperity.
ii) India’s trash generation rate is very low in comparison to the developed countries. India is
the fifth largest generator of e-waste in the world.
iii) The number of waste recycling plants installed has increased from 829 in 2020 to 2447 in 2024.
m) Goal 13: Climate Action
i) According to the Climate Action Tracker, the country produces an average of 1.9 tonnes of CO2 per
capita from energy production, which is low compared to China and the US but high compared to the
world’s least developed countries and is on track to exceed its Paris target by 2030.
n) Goal 14: Life Below Water
i) India has also ratified UN Convention on the Law of the Sea.
ii) The Online Oil Spill Advisory System, an online tool for anticipating the path of oil spills, was
established in 2015.
iii) The 2015 National Oil Spill Disaster Contingency Plan has been updated to incorporate significant
national rules as well as current international norms.
iv) The government uses the Coastal Ocean Monitoring and Prediction System to monitor levels of

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 marine pollution at several points throughout the country’s coastline.
v) India is also constructing a Marine Observation System along its coastline in order to better
understand coastal processes and monitor water quality.
o) Goal 15: Life on Land
i) Many of India’s most populated states, which were historically significantly lusher and greener, now
have very little forest cover. Only 3.53 percent of Haryana, 6.12 percent of Punjab, and 6.88 percent of
Uttar Pradesh are covered with forest.
p) Goal 16: Peace, Justice and Strong Institutions
q) Goal 17: Partnership for the goals.
3) Sustainable development Index: Released by NITI Ayog
a) India has progressed on the fulfilment of Sustainable Development Goals (SDGs) through improvement in
score of NITI Aayog SDG India Index & Dashboard to 66 in 2020-21 from 60 in 2019-20 and 57 in 2018-19.

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15 E-Governance
15.1 E-governance
1) E-governance initiatives:
a) The National e-Governance Plan (NeGP), now
subsumed under Digital India, attempts to make all
Government services accessible to the common man
in his locality, through CSCs being set up across India.
It contains the following elements:
i) Common Infrastructure: E.g., CSCs provide access
to digital services to around 5 lakh people
daily.
ii) Governance: E.g., Geotagging of 2 crore assets under MGNREGA completed.
iii) Centralized Initiative, Decentralized Implementation: E.g., Almost 55 percent of all the payments
under MGNREGA are through Aadhaar Based Payment Systems (ABPS).
b) PRAGATI: A multi-purpose, multi-modal platform for Pro-Active Governance and Timely Implementation.
c) Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA): Aims to make six crore persons in rural
areas, across States/UTs, digitally literate, reaching to around 40% of rural households by covering one
member from every eligible household by 31st March, 2020.
d) E-Kranti: National e-Governance Plan 2.0: Vision of “Transforming e-Governance for Transforming
Governance”.
2) E-governance: Best Practices
a) E-Seva (Andhra Pradesh): All the services are delivered online to consumers /citizens by connecting them
to the respective government departments and providing online information at the point of service
delivery.
b) Bhoomi (Karnataka): Online Delivery of Land Records: self-sustainable e-Governance project for the
computerized delivery of 20 million rural land records to 6.7 million farmers of Karnataka.
c) FRIENDS – Fast Reliable Instant Effective Network for Disbursement of Services (Kerala): Single-window
facility for all the Government related transactions without the need to wait in long queues.
d) eBiz Project: for provision of Government to Business (G2B) services to stakeholders.
e) ASHA (Assam): ASHA Web portal for agriculture business in partnership with farmers and producers’
organizations, financial institutions and community information centres (CICs), localized content with value
added services like insurance, credit, trading etc.
f) Gyandoot (Madhya Pradesh): Community-Owned Rural Internet Kiosks in Dhar where the entire
expenditure for the Gyandoot network has been borne by Panchayats and the community with no
expenditure burden for the state or national government.
g) SARATHI (Rajasthan): SARATHI (Stamp and Registration Automation
with Technology and Information) e-registration in an hour.
h) E Suvidha Kendra (Tripura): E Suvidha Kendras or service facilitation
centres in all SDM offices providing 22 citizen services with tracking.
3) Some facts:
a) According to a recent report by McKinsey, an average Indian mobile

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 data user currently consumes more than 8 GB of data per month, which exceeds the average in more
digitally advanced countries such as China and South Korea.
b) The Government’s Digital India initiative is bringing broadband internet access to 250,000-gram
panchayats, or self-governing village councils.
c) We have grown over fifteen-fold in data usage per subscriber per month from 2016 to 2022.

15.2 Regulation of Big Tech Companies

1) Incidents:
a) CCI (Competition Commission of India) in 2020 initiated two antitrust investigations against Google.
i) For unfairly promoting its own payments app (Google Pay).
ii) For involving in anti-competitive practices by restricting companies from creating modified versions
of Android OS for smart TVs.
b) Amazon and Flipkart were accused of deep discounting and creating in-house brands to compete with local
sellers.
c) Apple is facing heat in the U.S. and Europe over pre-installed apps.
d) The photo-sharing app of Facebook (Instagram) failed to take any action over the controversy called Bois
Locker Room (mostly run by Indian teenagers).
e) Twitter displayed a map of Leh as part of China and later as part of Jammu and Kashmir state (instead of a
separate Union Territory). For that, a legal notice has been served to Twitter.
f) Facebook’s unauthorized data sharing with Cambridge Analytica, exposing user data to political
manipulation.
g) WhatsApp being used to spread false information leading to violence and unrest, as seen in India.
h) Twitter’s decision to ban former U.S. President Donald Trump from its platform.
2) Ways of regulation:
a) Competition Act, 2002- The Act established the Competition Commission of India (CCI).
i) Investigation into Google’s advertising policies- The CCI declared that Google had abused its
dominant position and involved in the anti-competitive practice. Also imposed fine on Google of
Rs.136 crore.
b) The Information and Technology Act, 2000 govern all the activities related to the use of computer
resources in India. Important provisions-
i) Section 69: It gives power to the government to issue directions “to intercept, decrypt or monitor…any
information generated, transmitted, received or stored” in any digital equipment.
ii) Section 69A: It provides power to the government to block access to any information generated,
transmitted, received or stored or hosted in the digital space.
c) Competition (Amendment) Bill, 2022:
i) Regulation of Mergers and Acquisitions: Mergers and acquisitions with transaction value of more than
Rs 2,000 crore will require CCI’s approval.
ii) Prohibition of anti-competitive Practices: The Bill expands the definition of anti-competitive practices to
include self-preferencing and other practices that can harm consumers and businesses.
d) International perspective:
i) US adopted Anti-trust legislation targeting the dominance of Big Tech companies by giving states
greater power in competition cases and increasing money for federal regulators.
ii) Europe’s Digital Markets Act (DMA): directly ban harmful business practices by very large digital players,
create a fairer and more competitive economic space for new players and European businesses.

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15.3 Digital Divide and Bridging Internet Penetration rate:
1) Digital divide:
a) Usage of m-services are limited to urban pockets: Rural broadband penetration is only 29 percent
against a national average of 51 percent.
b) We have miles to go on the highway of digital inclusion:
i) The National Family Health Survey 2019–21, shows a significantly larger gender gap in internet usage.
(1) Only 57.1 percent of the male population and 33.3 percent of the female population had ever
used the internet.
(2) Rural-urban divide: Whilst 72.5 percent of the urban males and 51.8 percent of the urban
females have ever used the internet, only 48.7 percent of rural males and 24.6 percent of the
rural females qualify for this condition. Internet use has been slower to take hold in rural India,
where around 65% of the population lives.
(3) ST individuals have 27 percentage points lower access to the Internet as compared to the other
individuals.
(4) The Mobile Gender Gap Report 2021- 79 percent of the adult male population and 67 percent of
the adult female population are mobile phone owners in India.
ii) Lack of Digital Knowledge:
(1) Only 38% of households in India are digitally literate.
(2) In urban areas, digital literacy is relatively higher at 61% relative to just 25% in rural areas.
(3) According to the Google Search 2020 India Report, 84% of online video viewers prefer non-English
materials but their availability remains limited.
iii) India ranks 47 on internet affordability among 110 countries.
iv) Oxfam India report:
(1) Digital technologies appear to remain the preserve of the urban, upper-caste, and upper-class
individuals.
(2) While 3% of the rural population owned a computer before the pandemic, the number has dropped
to just 1% after it.
(3) The digital divide is reflected more sharply in the areas of education and healthcare—82% of
parents face difficulties in ensuring their children access to digital education, with signal and
internet speed becoming the biggest issues in school.
(4) 84% of government school teachers also face challenges for delivery through digital medium due to
lack of devices and internet.
c) Government initiatives: National Digital Literacy Mission and the Pradhan Mantri Gramin Digital Saksharta
Abhiyan.
2) Achievements in bridging the internet penetration rate: 52% of Indian population had internet access in 2022.
a) Out of 759 million ‘active’ internet users in India for 2022, 399 million are from rural India, while 360 million
are from urban areas, indicating that the former drives the growth of the internet in India.
b) Kerala, Ladakh, Andaman, and Nicobar- rural women have greater access to mobile phones.
c) There have been some improvements in women’s access to cell phones between 2015–16 and 2019–21.
d) India has made it to the top 10 in Global Cyber security Index (GCI) 2020 launched by the International
Telecommunication Union (ITU) on June 29, 2021, moving up 37 places to rank as the tenth best country in
the world on key cyber safety parameters.

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16 Role of Civil Services in a Democracy
16.1 Role of civil services
1) Constitutional Provisions/Rules:
a) Articles 53 and 154: The executive power of the Union and the States vests in the President or Governor
directly or through officer’s subordinate to him.
b) These officers constitute the permanent civil service and are governed by Part XIV of the Constitution
(Services under the Union and States (Article 308-323)).
c) Government of India (Transaction of Business) Rules: Officers are required to help the President or
Governor to exercise his/her executive functions is governed by these Rules.
d) Article 311: Dismissal, removal, or reduction in rank of persons employed in civil capacities under the
Union or a State.
e) Article 312: All India Services.
2) Good examples:
a) The District Collector of Dewas, Uma Kant Umrao helped the farmers in MP to fight against drought by constructing
over 16,000 ponds.
b) IAS officer Ritu Maheshwari, installed new electricity smart meters to tackle the prevalent electricity theft in
Kanpur.
c) P Narahari, as district collector in Madhya Pradesh, worked towards building a barrier free environment that
ensures that people with disabilities can move about safely and independently.
d) IAS Officer, Smita Sabharwal, popularly known as 'the people's officer', launched a campaign called “Fund
Your City” in Warangal. She appealed to residents to help her build the infrastructure of Naxal-affected
areas, which resulted in the construction of traffic junctions and foot overbridges.
e) IPS Arif Sheikh started a campaign “Chuppi tod” to encourage people to speak up about the violence/ abuse they
were facing amidst lockdown.

16.2 Civil Service Reforms

1) Baswan Committee Report on UPSC Civil Services Exam: Comprehensive set of recommendations to fine tune
civil service recruitment processes.
a) Reduction of age limit to 26 years.
b) Removal of optional subject.
c) The number of IAS officers recruited every year should be to the tune of 180. With 180 IAS officers
recruited every year, the backlog of 569 vacancies can be reduced by 443 in the year 2020.
2) 360 Degree Appraisal: The government first introduced this system in April 2015 as a supplement to the
existing Annual Confidential Report (ACR) system.
3) Interviews for Group B (Non-Gazetted) and Group C posts were discontinued: To remove discretion and
promote merit.
4) Lateral entry was introduced at senior levels to create the widest talent pool and induct sectoral experts.
5) Assistant Secretary Programme was introduced in 2015: Directly connects central government departments to
administrative sub- divisions in the field to create synergies between policy design and implementation.
6) National Recruitment Agency (NRA) set up in August 2020 to introduce common entrance test obviating the
need for multiple entrance tests for the citizen, saving her time and cost.
7) Karmayogi Yojana: National Programme for Civil Services Capacity Building (NPCSCB) - Mission Karmayogi
aims to create a competent civil service rooted in Indian ethos, with a shared understanding of India’s

P a g e | 61
 priorities, working in harmonisation for effective and efficient public service delivery. It envisages to transform
capacity-building in the bureaucracy through institutional and process reforms.
a) Aligning work allocation of civil servants by matching their competencies to the requirements of the post,
such that transition from 'Rule based' to 'Role based’ HR Management is smoothly attained
b) To emphasize on 'on-site' learning to complement the ‘off-site’ learning.
c) To create an ecosystem of shared training infrastructure including that of learning materials, institutions
and personnel.
d) To calibrate all Civil Service positions to a Framework of Roles, Activities and Competencies (FRAC)
approach and to create and deliver learning content relevant to the identified FRAC in every Government
entity.
8) Sarkaria Commission Recommendations:
a) Incorporate greater specialisation in one or more areas of public administration.
b) Every AIS officer should be required to put in a minimum period under the Union Government.
c) Expansion: Constitution of the Indian Service of Engineers, the Indian Medical and Health Service and an
AIS for Education.
9) Surinder Nath Committee, 2003: It stressed the idea for domain expertise of bureaucrats, suggesting that
assigning particular domain to the officers should be a key step for their selection to the Central staffing
scheme posts, identifying 11 domains.
10) Hota Committee, 2004: Suggested that aptitude and leadership tests be held while selecting bureaucrats.
11) 2nd ARC Recommendation for Lateral Entry:
a) It proposed a plan to bring in sector specialists from various spheres into senior administrative positions
in the government.
b) In its 10th report, Refurbishing of Personnel Administration: at higher levels of government, lateral entry
from the private sector should be introduced to encourage competition for the selected posts.
c) Need to check the free flow of civil servants to the private sector for brief periods, asserting that it could
result in serious conflict of interest.
d) Creating a senior management or leadership pool in the government, competition could be infused
through two main mechanisms,
i) One of which would be to open up the senior management cadre to all existing services.
ii) The other stream that it suggested was through lateral entry by opening the senior management cadre
to aspirants from the private sector, who, it said, would bring new skills into government.
e) Caution: Lateral entry as done in the past on an ad hoc basis should not continue and the process should
be ‘institutionalised’.
f) Laid down a roadmap for lateral entries: Central Civil Services Authority should be entrusted the task of
identifying the posts at higher management level where induction of outside talent was desirable.

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PYQ KFG KALAM FACE 2 FACE GROUP

MENTORS SUBJECTS

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CHIEF
MENTOR
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Democratizing Math Learning

Shubham Jain, IPS Virupaksh Singh, IAS

AIR-152, CSE 2022, NLU LAW AIR-49, CSE 2023 LAW

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MATHS GEOLOGY
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AIR-14, IFS 2022 CHEMISTRY
CSE 2021 LIT.

Shubham Yadav, ICAS CSAT/ Abhinandan Kumar

IIT Kanpur AIR-494, CSE 2021
SOCIOLOGY
ANTHRO.

Abhishek Vashishth, IPS Amir Khan, IRS

CSE 2020
PSIR
AIR-154, CSE 2022 PHILOSOPHY

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