Polity

Theme 1 : Important legislations

Constitution (106th Amendment) Act, 2023

Purpose: To provide one-third reservation to women in the Lok Sabha, State

Assemblies, and the Delhi Assembly.

Key Provisions:

1. Articles Amended and Inserted:

- Article 239AA: Introduces a reservation of one-third of the seats for women in the
Legislative Assembly of Delhi (amended)
- Articles 330A and 332A: Mandate a one-third reservation for women in the Lok
Sabha and State Legislative Assemblies, respectively. This includes seats reserved for
SCs/STs. (inserted)
- Article 334A: Specifies that the Act's provisions will be applied after the delimitation
post the first census post-act commencement. (inserted)

2. Sunset Clause: The reservation for women is set to expire after 15 years, subject to
extension by Parliament.

3. Periodic Rotation: Seats reserved for women will be rotated after each delimitation.

4. Non-Effect on Existing Bodies: The act does not affect the current representation in
legislative assemblies and the Lok Sabha until their dissolution.

Additional Government Initiatives:

1. Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023

2. Government of Union Territories (Amendment) Act, 2023

Both acts aim to reserve 33% of seats for women in the Jammu and Kashmir and
Puducherry Assemblies, respectively.

Chief Election Commissioner and Other Election Commissioners (Appointment,

Conditions of Service and Term of Office) Act 2023

It outlines the procedures for appointing the Chief Election Commissioner (CEC) and
Election Commissioners (EC). The legislation aims to bring transparency to the
appointment process, responding to a directive from the Supreme Court of India in the
Anoop Baranwal v Union of India case, 2023.

The Bill replaces the Election Commission (Conditions of Service of Election

Commissioners and Transaction of Business) Act, 1991.

Provisions :
1. The CEC and ECs will be appointed by the President upon the recommendation of a
Selection Committee. The Selection Committee will consist of the Prime Minister, a
Union Cabinet Minister, and the Leader of Opposition/leader of the largest opposition
party in Lok Sabha.

2. Recommendations of the Selection Committee will be valid even when there is a

vacancy in this Committee.

3. A Search Committee headed by the Cabinet Secretary will propose a panel of

names to the Selection Committee.

4. Eligibility for the posts includes holding (or having held) a post equivalent to the
Secretary to the central government.

5. lt retains the constitutional provision (Article 324(5)) that allows the CEC to be
removed like a Supreme Court Judge, while ECs can only be removed on the
recommendation of the CEC.

6. CEC and other ECs shall hold office for a term of six years from the date on which
he assumes his office or till he attains the age of sixty-five years, whichever is
earlier. They are not eligible for re-appointment. Where an EC is appointed as CEC,
his term of office shall not be more than six years in aggregate as the EC and the
CEC.

7. Salary of the CEC and ECs will be equivalent to Judges of the Supreme Court.

Criminal law reform Acts

Parliament recently passed : Bharatiya Nyaya (Second) Sanhita, 2023; Bharatiya

Nagarik Suraksha (Second) Sanhita, 2023; and Bharatiya Sakshya (Second) Bill,
2023 to replace existing criminal laws.

- Post-introduction, these bills were examined by a 31-member Parliamentary

Standing Committee.

Bharatiya Nyaya (Second) Sanhita, 2023 (BNS2)

- Reform Objective: To replace the Indian Penal Code, 1860 with modernized legislation.
- Key Changes:
- Existing Crimes: Retains provisions on murder, assault, causing hurt.
- New Crimes: Adds organized crime, terrorism, mob lynching.
- Punishment: Introduces community service as a punitive option.
- Terrorism: Broadly defined with stringent penalties up to capital punishment.
- Organized Crime: Broadened to encompass modern crimes, with severe penalties.
- Mob Lynching: Defined as a specific offense with grave penalties.
- Sexual Offenses Against Women: Enhances legal protections and raises age
thresholds.
- Sedition: Reformed to focus on acts against state's integrity and sovereignty. Word
“Rajdroha” replaced with “Deshdraha”
- Death by Negligence: Increases punishment severity; specific provisions for medical
professionals.
- Supreme Court Alignments: Adultery decriminalized; murder penalties adjusted.
 Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 (BNSS2)
- Reform Objective: To supersede the Criminal Procedure Code, 1973 with updated
processes.
- Key Changes
- Detention Rules: Tighter controls on bail and pre-trial release.
- Medical Examination: Broadened authority for initiating examinations.
- Forensic Investigation: Mandated for serious offenses, with electronic evidence
gathering.
- Evidence Collection: Expanded powers to gather biometric and voice data.
- Judicial Timelines: Specific time frames established for judicial processes.
- Court Structure: Reorganization and removal of the Metropolitan Magistrate role.

Bharatiya Sakshya (Second) Bill, 2023 (BSB2)

- Reform Objective: To replace the Indian Evidence Act, 1872, incorporating
contemporary evidentiary practices.
- Key Changes:
- Evidence Definition: Inclusion of electronic records as documentary evidence.
- Evidence Hierarchy: Clarification on primary and secondary evidence.
- Oral Evidence: Facilitation through electronic means.
- Digital Record Admissibility: Equivalence to physical records established.
- Joint Trials: Modified definitions to accommodate absent defendants.

Government of National Capital Territory of Delhi (NCTD) (Amendment) Act 2023

Key highlights:

National Capital Civil Services

Authority (NCCSA): to make
recommendations to Lieutenant Governor
(LG) regarding transfer posting, vigilance
and other incidental matters with respect
to civil servants in Delhi. Matters are to be
decided by majority.

Members of NCCSA : CM (Delhi) +

Principal Home Sectt. Of Delhi Govt. +
Chief Sectt. Of Delhi govt. (The central
government will appoint both the Principal
Secretary and Chief Secretary.)

Role of LG : It expands the discretionary

role of the LG by giving him powers to approve the recommendations of the NCCSA or
return them for reconsideration.
The LG's decision will be final in the case of a difference of opinion between him and the
Authority.

Certain matters must be submitted to the LG for his/her opinion. These include
proposals affecting:
- The peace and tranquillity of Delhi.
- Relations between the Delhi government and the central government, Supreme
Court, or other state governments,
- Summoning, prorogation, and dissolution of the Legislative Assembly, and Matters on
which LG is to give an order in his sole discretion.

Earlier, the Supreme Court ruled that the Delhi government has control over
services in Delhi. Then, central government promulgated an Ordinance to amend
the GNCTD Act, 1991 to exclude “services” from the purview of Delhi
legislature. Finally, The GNCTD (Amendment) Bill, 2023 was passed in both
houses to replace the Ordinance.

Under the States’ Reorganization Act of 1956, Delhi was classified as a UT, governed
under Article 239 of the Constitution. Following the recommendations of the S.
Balakrishnan Committee, the 69th Constitutional Amendment Act of 1991 conferred
special status on Delhi and designated it as the National Capital Territory of Delhi
(NCTD). It added Article 239AA to the Constitution and made Delhi a UT with a
legislature and a council of ministers. The Lieutenant Governor (LG) is designated as
the administrator of Delhi, operating with the aid and advice of the council of ministers
of Delhi.

The Government of National Capital Territory of Delhi (GNCTD) Act, 1991 lays down the
framework for the functioning of the Delhi Assembly and the Delhi government.

Powers of Delhi Legislature: The Delhi Legislative Assembly has the power to legislate
over subjects in the State List and Concurrent List, except for police, public order, and
land.
Also, Parliament can legislate over all matters in the State and Concurrent Lists related
to Delhi.

DIGITAL PERSONAL DATA PROTECTION ACT 2023

It aims to regulate the processing of digital personal data while ensuring individuals'
right to protect their data. It was passed to give effect to Supreme Court judgement in
K.S. Puttaswamy vs. Union of India case where it recognized privacy as a
fundamental right.

Key highlights:

1. Coverage : Processing of digital personal data within India in digital form or in

non-digital form and digitised subsequentlyProcessing of personal data
outside India if it is for offering goods or services in India. However, it does
not apply to: Personal data processed for any personal purpose.

2. Personal data may be processed only for a lawful purpose after obtaining the
consent of the Data Principal (who shall have the right to withdraw consent at
any time). Consent will not be required for ‘legitimate uses’ including the
provision of benefits or services by the government, medical emergency etc.

3. Consent for Minors and Individuals with Disabilities : must be given by their
parent or legal guardian.

Data Protection Board of India (DPBI) : Established by the Central Government.

- Responsibilities include:
- Monitoring compliance and imposing penalties.
- Directing data fiduciaries to respond appropriately to data breaches.
- Addressing grievances from affected individuals.
- Board members serve two-year terms, with eligibility for reappointment
- Appeals against DPBI decisions are to be made to the Telecom Disputes
Settlement and Appellate Tribunal (TDSAT).

Rights and Responsibilities of the Data Principal : Data principals are entitled to:
- Access information about how their data is processed.
- Request correction or deletion of their personal data.
- Lodge grievances.
- Appoint a nominee for their rights in the event of death or incapacity.
- It's prohibited for data principals to:
- File false or frivolous complaints or provide false information.
- Penalties for duty violations can be up to Rs 10,000.

Obligations of Data Fiduciaries

- Data Fiduciaries must:
- Ensure data accuracy and completeness.
- Implement security measures to prevent data breaches.
- Notify DPBI and affected persons when a breach occurs.
- Delete personal data when it's no longer legally required.

Significant Data Fiduciaries (SDF)

- The Central Government may designate Data Fiduciaries as SDF based on:
- The amount and sensitivity of data processed.
- Risks to data principals' rights.
- Potential impacts on national security and integrity.
- Risks to public order and electoral democracy.
- SDFs have additional duties, including:
- Appointing a data protection officer.
- Conducting impact assessments with an independent data auditor.

Exemptions
- Exemptions to data principals' rights and fiduciaries' obligations include cases
involving:
- National security, sovereignty, and public order.
- Research, archiving, or statistical purposes.
- Start-ups and certain Data Fiduciaries.
- Legal rights enforcement and offense investigation.
- Judicial or regulatory functions.
- Processing non-residents' data under foreign contracts.
- The Central Government may exempt activities for security and public order.

Processing Personal Data of Children

- Data fiduciaries must not:
- Engage in processing that negatively affects a child's well-being.
- Conduct tracking, behavioral monitoring, or targeted advertising on children.

Cross-Border Data Transfer

- The bill permits the transfer of personal data outside India with restrictions on certain
countries as determined by the government.
MEDIATION ACT, 2023

The President of India recently granted assent to the Mediation Act 2023 seeking to
promote mediation as a preferred mode of Alternative dispute resolution (ADR) in India.
Alternative Dispute Resolution (ADR) is an umbrella term that encompasses
various methods of resolving disputes outside traditional judicial processes.

Highlights of Act:

Definition of Mediation : Mediation is a process where parties seek an amicable

dispute settlement through a mediator, encompassing several types such as
expression, pre-litigation, online, and community mediation.

Voluntary Pre-litigation Mediation

- Before taking legal action in court or certain tribunals, parties may choose to mediate
civil or commercial disputes voluntarily.

Ineligibility for Mediation

- Not all disputes are suitable for mediation, specifically those:
- Concerning claims against minors or individuals who are mentally incapacitated.
- That involve criminal proceedings.
- That impact the rights of third parties.

Territorial Jurisdiction for Mediation

- Mediation proceedings must occur within the legal boundaries of the competent court
or tribunal, unless an agreement is made to proceed online or under a different
jurisdiction.

Mediation Timeline
- The mediation process should be concluded within 120 days, subject to a possible
extension of an additional 60 days if agreed upon by the parties. A party is entitled to
exit the mediation after two sessions.

The main types of ADR used in India include:

- Arbitration: This is a process where disputing parties submit their disagreement to an

arbitral tribunal which renders a binding decision known as an award. It's less formal
than court trials and typically does not allow for appeals. The judicial intervention is
limited, and the process is governed by the Arbitration and Conciliation Act, 1996.

- Mediation: In this non-binding procedure, a mediator assists the disputing parties in

reaching a mutually acceptable agreement. The mediator does not make a decision but
facilitates the conversation between parties to help them resolve their dispute.

- Conciliation: Similar to mediation, conciliation involves an impartial third party who

assists the disputing parties to reach a settlement that is mutually satisfactory. While
the conciliator may propose a settlement, the parties have the freedom to accept or
reject it. If accepted, the settlement becomes binding.
- Negotiation: This is the most informal type of ADR where parties attempt to settle
their dispute directly, without the involvement of any third party. It’s a non-binding and
voluntary process, commonly used in business and personal disputes.

- Lok Adalat: Translating to "People's Court," Lok Adalats are a unique feature of the
Indian ADR landscape. They offer a platform for compromise settlement and have
statutory support from the Legal Services Authorities Act, 1987. Decisions made here
are deemed to be the decree of a civil court and are final and binding on the parties.

The ADR processes support the ethos of the Directive Principles of State Policy,
especially Article 39-A which focuses on equal justice and free legal aid.

The 'Model Prisons Act 2023

The 'Model Prisons Act 2023' is proposed by the Ministry of Home Affairs to modernize
the outdated Prisons Act of 1894. The Model Prisons Act 2023 aims to bring the prison
system in line with contemporary standards of human rights and correctional
administration.

Prisons Act 1894 was the first legislative framework for prison management in India. It
was formulated on the recommendations of the “Prison Discipline Committee” headed
by Lord Macaulay in 1836.

Highlights:

Objective of the Model Prisons Act 2023: To overhaul and update the prison system
in India, which is currently governed by the Prisons Act of 1894.

Incentives for Prisoners: Implementation of parole, furlough, and remission systems

to encourage good behavior among prisoners.
- Parole: Conditional release of prisoners for a specific period, suspending the
sentence.
- Furlough: Granted to long-term prisoners as a reduction in sentence.
- Remission: Reduction in sentence for demonstrated good behavior or other
criteria.

Reformation and Rehabilitation:

- Introduction of measures to change societal attitudes towards prisoners.
- Establishment of vocational training and skill development programs within the prison
system.

Enhanced Safety and Security:

- Provision of separate housing for women and transgender inmates to ensure their
safety.
- Integration of technology for improved prison administration and the establishment of
high-security prisons.

Modernization Measures:
- Introduction of open and semi-open jails.
- Facilitation of video conferencing between prisoners and courts for legal proceedings.
Legislative Consolidation and Review:
- The new act will assimilate relevant provisions from the Prisoners Act, 1900, and the
Transfer of Prisoners Act, 1950.

Multi-state Co-operative Societies (Amendment) Act, 2022

The Parliament passed Multi-state Co-operative Societies (Amendment) Bill, 2022,

to amend the Multi-State Co-operative Societies (MSCS) Act, 2002.

Key Features:

1. Creation of a Co-operative Election Authority comprising a chairperson, vice-

chairperson, and up to three members appointed by the central government.

2. Provisions for the amalgamation and division of cooperative societies, including the
merger of state-registered cooperatives into existing MSCS.

3. Establishment of a Co-operative Rehabilitation, Reconstruction, and Development

Fund aimed at reviving ailing multi-state cooperative societies.

4. Restrictions on the redemption of shares held by central or state governments in

cooperatives without approval from the shareholders.

5. Institution of Co-operative Ombudsman(s) for complaint redressal within specified

territorial jurisdictions, with appeals against Ombudsman directives made to the
Central Registrar.

6. Stipulation of board composition for multi-state cooperatives, which is capped at 21

directors and must include one Scheduled Caste or Scheduled Tribe member and
two women members.

The constitutional provisions for cooperative societies in India have evolved

significantly, especially with the 97th Constitutional Amendment Act of 2011. This
amendment introduced Part IX-B to the Constitution, which detailed the roles and
functions of cooperative societies. However, a Supreme Court judgment in 2021 held
that the 97th Amendment Act was partly unconstitutional because it was passed
without the requisite ratification by half of the state legislatures as required under
Article 368(2) of the Constitution.

• Article 19(1)(c) to include the right to form cooperative societies as a fundamental

right.
• Article 43-B was added to the Directive Principles of State Policy, encouraging the
state to promote cooperative societies.
• Part IX-B, consisting of Articles 243-ZH to 243-ZT, was inserted to cover the aspects
of cooperative societies in detail.

Cinematography (Amendment) Act, 2023.

The act provides for establishing the Central Board of Film Certification (CBFC) for
certifying films for exhibition.

1. Age-Based Certification:
- The Act has introduced new sub-categories under the 'UA' (Unrestricted Public
Exhibition-But With Guidance for Children) classification, which are 'UA 7+', 'UA 13+',
and 'UA 16+'. These categories advise parents on the suitability of a film for children of
certain ages. However, these recommendations are not mandatory.

2. Separate Certificate for Television and Other Media:

- Movies that receive an 'A' (Adults Only) or 'S' (Restricted to any special class of
persons) certification will need a separate certification if they are to be broadcast on
television or other media platforms, as specified by the central government.

3. Validity of Certificates:
- Film certification validity has been extended to be perpetual, a change from the
previous 10-year validity period.

4. Revisional Powers of Central Government:

- Following the Supreme Court's directive in the Union of India vs KM Shankarappa
case of 2000, the Act has removed the central government's revisional powers over
films that have already been certified by the Central Board of Film Certification (CBFC).

5. Punishment for Film Piracy:

- Unauthorized recording and exhibition of films are now punishable offenses under
the Copyright Act of 1957. Piracy is now classified as a criminal offense, with penalties
including imprisonment of up to three years, a fine equivalent to five percent of the
film's production costs, or both.

TELECOMMUNICATIONS ACT 2023

The Telecommunications Act 2023 was passed replacing Indian Telegraph Act of
1885, the Indian Wireless Telegraphy Act, 1933, and the Telegraph Wires
(Unlawful Possession) Act, 1950. It also revises the TRAI Act, 1997.

Highlights :

1. Spectrum Allocation: Spectrum for various applications will be auctioned, and

certain uses will be administratively allocated, covering critical areas such as national
security, disaster management, weather forecasting, transport, and satellite services.
Notably, it introduces administrative allocation for satellite broadband services.

2. TRAI Appointments: The TRAI Act is amended to allow those with substantial
professional experience (30 years for the Chairperson and 25 years for members) to
be appointed.

3. Adjudication Process: An adjudicating officer will be appointed to handle civil

offences, and appeals against their decisions can be made to the Telecom Dispute
Settlement and Appellate Tribunal (TDSAT) within 30 days.

4. User Protection: The Act includes provisions to safeguard users, such as requiring
prior consent for certain communications, establishing Do Not Disturb registers, and
enabling users to report harmful or unwanted content.

5. Right of Way: The Act makes provisions for entities to obtain the right of way over
public or private property for building telecom infrastructure.

6. Interception and Search: It grants authorities the power to intercept, monitor, or

block messages based on specific criteria, including national security and public order.

7. Telecom-related Authorization: It requires prior government authorization to

provide, operate, maintain, or expand telecommunication services and to possess
radio equipment.

8. OTT Regulation: Over-the-top (OTT) platforms will not be governed by this Act.

9. Other Provisions:

- Digital Bharat Nidhi: The Act renames the Universal Service Obligation fund as
Digital Bharat Nidhi, permitting its use for telecom research and development.
- Trusted Sources Regime: Established post the 2020 Indo-China border skirmishes,
this regime aims to prevent the import of telecom equipment from hostile nations, now
codified into law.
 Constitutional issues

Lokpal

Recently, the deadline for submitting applications for the positions of chairperson
and members of the Lokpal, the anti-corruption ombudsman, has been extended
by a high-level search committee.

Lokpal

Specificatio
ns Details

Composition Lokpal consists of a chairperson and a maximum of eight

members, of which 50% shall be judicial members and 50%
shall be from SC/ST/OBCs, minorities and women.

Tenure of Chairperson and members of Lokpal are appointed for term of

office five years or until attaining age of 70 years, whichever is earlier.

Selection Chairperson and Lokpal Members shall be appointed by

Committee President on recommendations of a SC. Selection Committee
(SC) constitutes Prime Minister (Chairperson), LS Speaker, Leader
of Opposition, CJI (or his nominee) and eminent jurist
(nominated by President based on recommendation of other
members of panel). As per Lokpal Act of 2013, Department of
Personnel and Training needs to create a list of candidates who
are interested to become the chairperson or members of
Lokpal.

Confiscation Acquired by corrupt means, even while prosecution is pending.

of property

Timelines for 60 days for completion of inquiry and 6 months for completion
enquiry, of investigation by CBI. This period of 6 months can be
investigation extended by Lokpal on a written request from CBI.

Power with Power of superintendence and direction over any investigation

respect to agency including CBI for cases referred to them by Lokpal.
CBI Transfer of officers of CBI investigating cases referred by
Lokpal would need approval of Lokpal.

Removal Lokpal Members and Chairperson shall be removed by

President after an inquiry by SC. For that, a petition has to be
signed by at least 100 Members of Parliament (MP).

Lokpal It extends to Prime Minister, Ministers, MP, Group A, B, C and

Jurisdiction D officers and officials of central government. Any society or
trust or body that receives foreign contribution above ₹10 lakh.

Delimitation

Recently, Delimitation was in news as women reservation is tied to delimitation

and southern states have shown concerns with respect to delimitation.
• Delimitation means the act or process of fixing limits or boundaries of territorial
constituencies in a country to represent changes in population.

• Under Article 82, the Parliament enacts a Delimitation Act after every Census (Article
170 for States)

• The Constitution mandates that the Commission’s orders are final and cannot be
questioned before any court. When the orders of the Delimitation Commission are
laid before the Lok Sabha or State Legislative Assembly, they cannot effect any
modification in the orders.

• According to Delimitation Act of 2002, the Delimitation Commission should establish

its own processes and have all the powers of a civil court.

Need:
• To provide equal representation to equal segments of a population.
• Fair division of geographical areas so that one political party doesn’t have an
advantage over others in an election.
• To follow the principle of “One Vote One Value”.

Composition:
The Delimitation Commission is appointed by the President of India and consists:

• Retired judge from the Supreme Court of India who acts as the chairperson.
• The Chief Election Commissioner or an Election Commissioner nominated by the
Chief Election Commissioner.
• The respective State Election Commissioners where the delimitation is to be carried
out.works in collaboration with the Election Commission of India.

Important points:

• Delimitation Commissions have been set up four times — 1952, 1963, 1973 and
2002 under the Acts of 1952, 1962, 1972 and 2002.

• There was no delimitation after the 1981 and 1991 Censuses. In 2002, Delimitation
was done based on the 2001 census, but the total number of seats in the Assemblies
and Parliament decided as per the 1971 Census was not changed.

• The 84th Amendment to the Constitution, adopted in 2002, froze the delimitation of
Lok Sabha and State Assembly seats until the first Census after 2026.

• Allocation of seats to ST and SC: The Commission also determines whether seats
should be allocated for scheduled castes and scheduled tribes groups in places
where their populations are large (Articles 330 and 332).

• Majority decision: If the members of the Commission have opposing viewpoints, the
majority decision will be considered.

Enforcement directorate:

Recently, Supreme Court declared the third extension given to the Directorate of
Enforcement (ED) chief as invalid.

- Powers of the Directorate of Enforcement

1. Seizure of Assets: Authority to confiscate assets.
2. Summoning Powers: Equivalent to a civil court's powers concerning:
- Discovery and inspection.
 - Production of evidence.
- Issuance of summons.
- Examination of individuals.
- Issuing commissions.
3. Arrest Powers: Ability to investigate and arrest for violations of:
- Prevention of Money Laundering Act (PMLA), 2002.
- Foreign Exchange Management Act (FEMA), 1999.
- Notably, arrests can be made without a formal FIR by the police.
4. Record Admissibility: Supreme Court ruling in 2022 established that:
- Statements recorded by ED officials are admissible in court.
5. Recovery of Financial Penalties: Under the FEMA Act, includes:
- Recovery of fines.
- Penalties and arrears of penalties.

Competition Commission of India (CCI

• Recently, Ravneet Kaur has become the first woman chairperson of CCI.

• Competition Commission of India (CCI) is a statutory body of the Government of

India responsible for enforcing the Competition Act, 2002, it was duly constituted in
March 2009.

• The Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) was
repealed and replaced by the Competition Act, 2002, on the recommendations of
Raghavan committee.

• The Competition Act has been amended by the Competition (Amendment) Act,
2007. In accordance with the provisions of the Amendment Act, the Competition
Commission of India and the Competition Appellate Tribunal have been established
(Government replaced Competition Appellate Tribunal (COMPAT) with the National
Company Law Appellate Tribunal (NCLAT) in 2017)

Composition of CCI

• The Commission consists of one Chairperson and six Members as per the
Competition Act who shall be appointed by the Central Government.

• The commission is a quasi-judicial body which gives opinions to statutory

authorities and also deals with other cases. The Chairperson and other Members
shall be whole-time Members.

• Eligibility of members: The Chairperson and every other Member shall be a person
of ability, integrity and standing and who, has been, or is qualified to be a judge of
a High Court, or, has special knowledge of, and professional experience of not less
than fifteen years in international trade, economics, business, commerce, law,
finance, accountancy, management, industry, public affairs, administration or in any
other matter which, in the opinion of the Central Government, may be useful to the
Commission.
Basic structure doctrine

Recently, Kesavananda Bharati case (1973) marked its 50 years of anniversary.

KBC was renowned for Basic structure doctrine.

Background :

1. In Golaknath case (1967) Supreme Court ruled that Parliament could not amend
fundamental rights. In response, the Parliament passed the 24th Amendment in 1971,
explicitly asserting its authority to amend any part of the Constitution, including the
Fundamental Rights.

2. The direct impetus for the Kesavananda Bharati case came when Kesavananda
Bharati, the head of Edneer Mutt (a Hindu monastery) in Kerala, challenged the Kerala
government's attempts to impose restrictions on the management of its property. This
challenge was based on the grounds that the government's actions were in violation of
the Constitution's provisions regarding the right to property (Article 31).

3. While the case originated from a specific grievance regarding property rights, it
quickly escalated into a broader constitutional debate. The Supreme Court decided to
use this case as a vehicle to settle larger questions about the power of Parliament to
amend the Constitution.

Outcomes :

1. Basic Structure Doctrine : The Supreme Court held that Parliament has wide powers
to amend the Constitution, it cannot alter the basic structure or essential features of the
Constitution.

2. Parliamentary Power Limited: The judgment effectively limited the power of

Parliament to make changes to the Constitution that could affect its core principles,
ensuring that fundamental aspects such as the rule of law, democratic character, and
separation of powers remain intact.

3. Amendments Subject to Judicial Review: The decision underscored that any

constitutional amendment can be subject to judicial review to determine if it violates the
basic structure of the Constitution.

4. Definition of Basic Structure: Although the Court did not provide a comprehensive list
of what constitutes the basic structure, it indicated features such as the supremacy of
the Constitution, secularism, federalism, separation of powers, and the welfare state as
being part of it.

5. Property Rights Issue: The specific grievance of Kesavananda Bharati regarding

property rights was addressed, but the case's broader implications far overshadowed
the initial property dispute.

6. Preservation of Democratic Ideals: The ruling was seen as a defense of democratic

values against potential authoritarian tendencies by ensuring that certain fundamental
aspects of the Constitution remain protected.

7. Future Impact: The Kesavananda Bharati case has had a lasting impact on Indian
constitutional law, serving as a precedent for evaluating the constitutionality of
subsequent amendments and legislation.

8. Balance of Powers: The judgment reinforced the balance of powers between the
judiciary, the executive, and the legislature, emphasizing the role of the judiciary in
interpreting the Constitution and protecting its foundational principles.

Article 370

Context
On 11th December 2023, the Supreme Court of India upheld the decision made on 5th
August 2019 to revoke Article 370.
Courts’s Ruling
● The court ruled that under Art 3 of the Constitution, a Union Territory (UT)
can be established from a State.
Article 370
● Granted special status to Jammu and Kashmir
● Mentioned in Part XXI of the Constitution. It provided temporary autonomy to
Jammu and Kashmir, except in defence, foreign affairs, finance, and
communications.
● Article 35A: Empowered the Jammu and Kashmir Assembly to define
permanent residents and grant them special rights.
● Article 370 was repealed by the government through:
○ Presidential Orders: Redefined the "constituent assembly of Jammu
and Kashmir" to the "Legislative Assembly of Jammu and Kashmir."
○ Parliamentary Resolutions: Passed by both houses to revoke the
remaining provisions of Article 370.
○ Jammu and Kashmir Reorganisation Act: Passed on 5th August
2019, dividing the state into two Union Territories: Jammu and Kashmir
and Ladakh.

Personality Rights

Context
Recently, the Delhi High Court provided legal protection to a prominent Bollywood
actor's personality rights to prevent misuse by third parties.
Personality Rights
● Refers to an individual's entitlement to safeguard their identity, including their
name, voice, signature, images, or other distinctive features associated with
them.
● There are two primary components to personality rights:
 ○ Right to Publicity: Individuals have the right to control and profit from
the commercial use of their name, image, and likeness.
■ The Trade Marks Act 1999 and the Copyright Act 1957 regulate
this.
○ Right to Privacy: Prevents the public representation of their personality
without consent.
■ Based on Article 21 of the Constitution and the K.S.
Puttaswamy judgement (2018).
● Posthumous personality rights are also recognized under The Emblems and
Names (Prevention of Improper Use) Act, 1950, Indian Penal Code (IPC).
● Statutory Provisions for Personality Rights in India:
○ Copyright Act, 1957: Moral rights are granted to authors and
performers, including actors, singers, musicians, and dancers.
○ Trademark Act, 1999: .Section 14 restricts the use of personal names
and representations, providing further protection for personal rights.
■ Example: Arun Jaitley vs Network Solutions Pvt. Ltd and Ors
Case (2011).
● International agreements that protect Personality Rights:
○ Rome Convention (1961): Safeguards the rights of performers,
producers of phonograms (like CDs), and broadcasting rights.
○ TRIPS Agreement (1994): It ensures certain rights for producers of
phonograms, live performers, and broadcast rights.
○ WIPO Performances and Phonograms Treaty (WPPT): Protects the
rights of performers and producers of phonograms, especially in digital
settings.
 Constitutional Provisions Judicial Pronouncements
Article 21: Guarantees the right to life Deepa Jayakumar v. AL Vijay case
and personal liberty. (2019): Personality rights cease to exist
after the death of the individual and
cannot be inherited by their legal heirs

Article 300A: Protects the right to Sakshi Malik v. Venkateshwara

property
Creations Pvt. Ltd. & Ors case
(2021): Using someone's image,
especially a private one, without their
consent is illegal.

Right to Walk

Punjab has become the first state to implement the 'right to walk,' ensuring footpaths
and cycle tracks are provided on roads by road-owning agencies, including the NHAI.

Right to Silence

Context
The Supreme Court affirmed that all accused individuals have the right to remain silent,
and investigators cannot compel them to speak or admit guilt.
● Derived from Article 20(3) of the Constitution, which prevents individuals from
being compelled to be witnesses against themselves.
● Limited to criminal proceedings and does not apply to interrogations under
certain acts like the Customs Act or the Foreign Exchange Management Act.
● The SC emphasized in the Nandini Satpathy v. P.L. Dani case that forcing
someone to answer questions at a police station could violate Article 20(3).

Hate Speech

Context
Recently, the Supreme Court emphasized the importance of finding a lasting solution to
address hate speech.
Hate Speech
● Not specifically defined in Indian law but generally refers to language that
promotes hatred against a particular group of people
● Forms: Verbal statements, written words, images, gestures, symbols, and online
content.
● Regulation of Hate Speech in India:
○ Constitutional Provision:
 ○ Article 19(2) allows for restrictions on free speech in the interest of
public order, incitement to offence, and the security of the state.
○ Legal Provisions:
○ Bharatiya Nyaya Sanhita, 2023:
■ Sections 196(1) and 299 penalize acts promoting enmity
between different groups and deliberate acts intended to
outrage religious sentiments.
■ Section 353 penalizes the circulation of statements causing
public mischief or promoting enmity.
○ Representation of People Act, 1951:
■ Section 8 disqualifies individuals convicted of misusing
freedom of speech from contesting elections.
■ Sections 123(3A) and 125 prohibit promoting enmity based
on religion, race, caste, etc., in connection with elections.
○ Protection of Civil Rights Act, 1955:
■ Section 7 penalizes incitement to untouchability.
○ Religious Institutions (Prevention of Misuse) Act, 1988:
■ Section 3(g) prohibits religious institutions from promoting
disharmony among religious groups.
○ Judicial Pronouncements on Hate Speech:
■ Pravasi Bhalai Sangathan vs Union of India (2014): The
Court referred the matter to the Law Commission for further
examination.
■ Shreya Singhal vs Union of India (2015): The Supreme
Court stated that restrictions on free speech should only be
imposed if it incites violence or leads to public disorder.
■ Amish Devgan vs Union of India (2020): The Supreme
Court emphasized the need to balance free speech with
preventing the spread of hatred and communal disharmony.

Kui Language in the 8th Schedule

Context
The Odisha Cabinet has proposed the inclusion of the Kui language in the 8th
Schedule of the Indian Constitution.
Kui Language
● Also known as Kandh or Khondi.
● It is a tribal language spoken by the Kandha people in Odisha.
● Written in the Odia script.
● UNESCO categorizes its status as potentially vulnerable.
The 8th Schedule currently lists the official languages of the country, which includes
22 languages. Originally, the Constitution listed 14 languages, with others added over
time through amendments.
● Sindhi was added in 1967, and Konkani, Manipuri, and Nepali were added in
1992. Santali, Dogri, Maithili, and Bodo were added in 2003.

Reservation for Locals in the Private Sector

Context
The Punjab and Haryana High Court struck down the Haryana State Employment of
Local Candidates Act 2020, which provided 75% reservation for locals in private
sector jobs.
● The Haryana government argued that it had the power to create such
reservations under Article 16(4) of the Constitution.
● The HC deemed it unconstitutional and a violation of fundamental rights such
as the prohibition of discrimination.
● Similar acts in other states, like Andhra Pradesh, have also faced legal
scrutiny.
● The Constitution's Article 16(2) guarantees that no citizen can be
discriminated against in terms of employment or office under the State solely
based on factors like religion, race, caste, sex, descent, place of birth,
residence, or any other.
● However, Article 16(4) allows the State to enact laws for the reservation of
appointments or posts in favour of any backward class of citizens if they are
not adequately represented in the services under the State.
○ It's important to note that these provisions primarily apply to
government jobs.

Quota to Backward Classes in ULB’s

Context
The Haryana Cabinet has accepted the State Backward Classes Commission's report
on the proportion of reservations for the Backward Classes Block-A category in Urban
Local Bodies (ULB).
Relevant Constitutional Provisions:
● Article 243T(6) allows State Legislatures to make provisions for the
reservation of seats in municipalities or the office of Chairperson in
municipalities in favour of a backward class of citizens.
K. Krishnamurthy Judgement: Triple Test/Conditions for Reservation to OBCs
in Local Bodies:
1. Establishment of a dedicated commission to conduct a thorough empirical
inquiry into the nature and implications of backwardness in local bodies.
2. Specification of the proportion of reservation required in local bodies based on
the commission's proposals.
3. Ensuring that reservations for SCs/STs/OBCs, taken together, do not exceed an
aggregate of 50% of the total seats available.

The Ranganath Mishra Commission

The commission, officially known as the National Commission for Religious and
Linguistic Minorities was established to address concerns related to linguistic and
religious minorities in India.
Recommendations:
● In its report in 2007, the commission recommended disconnecting scheduled
caste status from religion and making it religion-neutral, similar to scheduled
tribes.
● Additionally, it proposed allowing Dalits who converted to Islam and
Christianity to access scheduled caste status.
● The recent rejection of the Ranganath Mishra Commission's recommendation
by the central government further perpetuates this exclusion.
○ It argued that those who converted to Christianity or Islam to escape
caste-based discrimination cannot claim reservation benefits enjoyed
by those who remained within the Hindu religious system.

Expulsion of MPs and MLAs

Context
● Recently, a member of the Lok Sabha was expelled following accusations of
accepting gifts and illegal gratification, as per the Ethics Committee report.
○ Ethics Committee of Lok Sabha:
■ 15 members nominated by the Speaker.
■ Examine complaints of unethical conduct and formulate a
code of conduct for members.
● Expulsion and disqualification differ. While Disqualification prevents contesting
elections further, Expulsion allows it.
Constitutional and Legal Grounds of Expulsion:
● Constitutional Basis:
○ Article 122 of the Constitution bars judicial interference in
parliamentary proceedings.
○ MPs found guilty of breach of privileges or contempt of the house can
be suspended or expelled through a simple majority in each house.
■ The involvement of the Ethics Committee is not always
necessary for expulsion.
 ● Legal Basis:
○ The Presiding Officer has the power to order a member's withdrawal
for disorderly conduct.
■ Extreme misconduct may lead to expulsion to maintain the
House's integrity.
Rules of Procedure and Conduct of Business related to Suspension:
● Unlike Lok Sabha, Rajya Sabha requires a motion to suspend members.

Disqualification of lawmakers

● The Representation of the People Act of 1951, disqualifies lawmakers who

are sentenced to imprisonment for two years or more.
● The Tenth Schedule provides for disqualification due to defection.
● Articles 102(1) and 191(1) disqualify MPs and MLAs, respectively, for reasons
like holding an office of profit or being of unsound mind.
Disqualification of Members of Parliament:
Constitutional Provisions:
● Article 102 of the Constitution outlines conditions for disqualification of
Members of Parliament (MPs).
○ It includes holding an office of profit under the government,
○ being of unsound mind,
○ being an undischarged insolvent,
○ lacking Indian citizenship, or
○ being disqualified under parliamentary law.
● Tenth Schedule of the Constitution: Disqualification on grounds of
Defection.
○ Decision-Making Process:
○ The presiding officer, either the Chairman (Rajya Sabha) or the
Speaker (Lok Sabha), decides disqualification cases.
○ The Supreme Court ruled in 1992 that these decisions are subject to
judicial review.
Legal Provisions:
● The Representation of the People Act, 1951 provides for disqualification due
to imprisonment for two or more years.
Key Judicial Judgments:
● In Union of India v. Association for Democratic Reforms (2002):
candidates were mandated to disclose criminal, financial, and educational
records during nominations.
● Ramesh Dalal v. Union of India (2005) enforced disqualification for MPs and
MLAs with a prison sentence of two years or more.
● Lily Thomas v. Union of India (2013) declared Section 8(4) of the RPA
unconstitutional, ensuring immediate disqualification post-conviction.
 ● Krishnamurthy v. Sivakumar & Ors (2015) emphasized the disclosure of
criminal records during nominations.
Removal of Disqualification Lawmakers:
● The Supreme Court can stay both sentence and conviction, enabling some
convicted individuals to contest elections.
● The Election Commission (EC) has the authority to reduce or remove
disqualifications under Section 11 of the RPA.
○ The EC exercised this power for certain individuals, such as Sikkim
Chief Minister P.S. Tamang.

Secretariat of Parliament

Why in the News?

As the Parliament celebrates its 75th anniversary, the Parliament secretariat remains
essential as the guardian of procedure, precedent, and legislative knowledge for both
Houses.
Constitutional Provisions:
● Article 98: Each House of Parliament must have its secretarial staff.
○ However, no specific law has been enacted to regulate their recruitment
and service conditions.
● Article 187 provides similar provisions for the Secretariat of State Legislatures.

The Secretariat of Parliament

● Organized into 10 functional services including Legislative, Executive, and
Administrative.
● The Speaker and Chairman have the authority to create new posts within the
secretariat, but consultation with the Union Ministry of Finance is required for
Class I or Class II posts.
● The Secretaries-General of both houses hold ranks equivalent to the Cabinet
Secretary, although they are positioned lower in the table of precedence.
Structure of the Secretariats
Lok Sabha Secretariat:
● Headed by the Speaker of the Lok Sabha.
● Administrative Head: Secretary General.
● Recruitment and Service Conditions: Governed by the Lok Sabha
Secretariat (Recruitment and Conditions of Service) Rules, 1955.
Rajya Sabha Secretariat:
● Headed by the Chairman of the Rajya Sabha.
● Administrative Head: Secretary General.
● Recruitment and Service Conditions: Governed by the Rajya Sabha
Secretariat (Recruitment and Conditions of Service) Rules, 1957.
Democratic Decentralization in India

Context:
The year 2023 marks the 30th anniversary of the 73rd and 74th Amendments to the
Indian Constitution, which introduced democratic decentralization in India.
73rd Constitutional Amendment Act, 1992:
● Constitutionalized Panchayati Raj Institutions (PRIs).
● Added a new Part IX to the Constitution, containing provisions from Articles 243
to 243O.
● Introduced the 11th Schedule, listing 29 functional items of the panchayats.
74th Constitutional Amendment Act, 1992
● Constitutionalized urban local governments.
● Added Part IX-A to the Constitution, containing provisions from Articles 243-P to
243-ZG.
● Introduced the 12th Schedule, listing 18 functional items of municipalities.
Important Panchayati Raj Committees that led to the establishment of Panchayati
Raj Institutions in India:
● Balwant Rai Mehta Committee (1957)
● Ashok Mehta Committee (1977-1978)
● C.H. Hanumantha Rao Working Group (1983)
● GVK Rao Committee (1985)
● LM Singhvi Committee (1986)
● Thungan Committee (1988)
Steps to strengthen PRIs in India
● Rashtriya Gram Swaraj Abhiyan (RGSA): Develops and strengthens
capacities of PRIs.
● e-GramSwaraj: Web-based portal for planning, accounting, and monitoring
functions of Gram Panchayats.
● People’s Plan Campaign (PPC): Facilitates drawing up Gram Panchayat
Development Plans (GPDPs).
● Backward Regions Grants Fund (BRGF): Provides untied funds for critical
gaps in local infrastructure and development.
● National Institute of Rural Development and Panchayati Raj: Provides capacity
building for rural development functionaries and elected representatives.
● National Panchayat Awards: Recognizes best performing Panchayats based on
various criteria.
● SWAMITVA Scheme: Issues property cards to village households and property
owners.
PANCHAYATI RAJ INSTITUTIONS (PRIS) and Finances

Context:
Recently, the Reserve Bank of India (RBI) issued a report titled “Finances of Panchayati
Raj Institutions” detailing the fiscal status of PRIs from 2020-21 to 2022-23.
Constitutional Provisions for Financial Empowerment of Panchayats:
● Article 243H authorizes State Legislatures to provide grants-in-aid to PRIs from
the Consolidated Fund of the State, enabling them to impose, collect, and
allocate taxes, duties, tolls, and fees.
● Article 243-I mandates the establishment of a State Finance Commission (FC)
every five years to review the financial state of PRIs and propose
enhancements.
● Article 280(3)(bb) directs the Central FC to suggest measures to supplement
state funds and bolster panchayat resources.
● Sources of Revenue for Panchayats:
○ Internal/Own sources of revenue:
■ Tax revenue comprises property tax, service tax, and taxes on
professions, among others.
■ Non-tax revenue includes market fees and fees on cattle
registration within the Panchayat area.
○ Transfer of Funds from Central Finance Commission (CFC) and State
Finance Commission (SFC):
○ Grants:
■ Tied Grants: Allocated for specific sectors like sanitation and
education.
■ Untied Grants (General purpose grants): Unrestricted funds
for local needs and priorities.
■ Performance-based Grants: Additional funds based on
performance criteria.
■ Special Category Grants: Extra financial support addressing
unique challenges of specific regions.
○ Other Sources:
■ Funds from Central and State Governments through schemes
like MGNREGA and PMAY (Rural).
■ Grants from international organizations such as the World Bank.

Parliament’s Security Breach

Context:
Recently, there was a security breach in Parliament where individuals entered the Lok
Sabha using visitors' passes and released colour gas canisters emitting yellow smoke.
Rules for Parliament Visitors:
● Rule 386 of the Rules of Procedure and Conduct of Business in the Lok Sabha
governs the admission, withdrawal, and removal of visitors during House
sittings.
● Rule 387 grants the Speaker the power to withdraw visitors from any part of the
House if deemed necessary.
● Rule 387A allows Secretariat officers to remove or take into custody any visitor
within House precincts reserved for members if they misbehave or violate
regulations.
● Members can only apply for visitors' cards for individuals personally known to
them, and they must certify their relationship or acquaintance.
● Cards for admission to visitors’ galleries are issued for a single sitting, usually for
one hour, and are non-transferable.
● Visitors must carry photo identification along with the certification for security
purposes.
● Similar rules apply for visitor entry into the Rajya Sabha.

Sarpanch Pati

Context:
The Standing Committee on Rural Development and Panchayati Raj recommended
training and capacity building to address prevalent concepts like Sarpanch Pati or
Pradhan Pati (husbands acting as proxies for elected women and wield actual political
decision-making powers).
Women reservation in Panchayati Raj Institutions (PRIs):
● The 73rd Constitutional Amendment Act of 1992 reserves 1/3rd of the seats of
PRIs and 1/3rd of offices of Chairperson at all levels of PRIs for women (covered
by Part IX).
● Several states like Bihar, Kerala, Maharashtra, Orissa, Rajasthan, etc., have
made legal provisions for 50% reservation for women among members and
Sarpanches.
● According to the Women and Men in India 2022 report, out of over 31.8 lakh
elected representatives, nearly 46% (over 14.5 lakh) were women.

Interstate Water Dispute

Context:
● Recently, the Union Cabinet approved terms of reference for Krishna Water
Dispute Tribunal-II under the Interstate River Water Disputes Act, 1956.
● The Supreme Court criticized Punjab's slow progress on the SYL canal.
Mechanisms for Inter-State Water Disputes:
 ● Constitution's Seventh Schedule: State List (Entry 17) governs water-related
matters, subject to Entry 56 of List I.
● Article 262 allows Parliament to address inter-state river water disputes, leading
to the ISWD Act, 1956, enabling states to request tribunal adjudication.
○ Article 262 bars the Supreme Court from directly adjudicating such
disputes, but Article 136 allows appeals against tribunal orders.
● The River Boards Act 1956 empowers setting up river boards for inter-state
river regulation.
● National Water Policy 2012 tackles water scarcity and inequities in distribution.
Rules referred to by the Supreme Court in inter-state water disputes:
1. Helsinki Rules of 1966: Recognize equitable use of water by each basin state
considering socio-economic needs and resource availability.
2. Campione Consolidation of ILA Rules (1966-99): Advocate inclusion of
underground water or 'fossil water' intercepted by state boundaries when determining
basin states' shares over an inter-state river.

All India Judicial Services (AIJS)

Context:
Recently, during the Constitution Day celebrations, the President of India advocated for
the establishment of All India Judicial Service (AIJS) to enhance diversity and efficiency
in the judiciary.
What is AIJS?
● AIJS is a proposed centralized recruitment system for judges at the level of
additional district judges and district judges across all states.
● It aims to standardize recruitment, akin to the Union Public Service Commission
(UPSC) model, and assign successful candidates to states.
● Originating from Law Commission reports in 1958 and 1978, AIJS seeks to
address structural issues like varying pay, faster vacancy filling, and
standardized nationwide training.
The Constitutional Basis:
● Article 312 allows for the establishment of AIJS, requiring a resolution by the
Rajya Sabha supported by at least two-thirds of its members.
● AIJS cannot include any post inferior to that of a district judge, as defined in
Article 236.
Need for AIJS
● AIJS would ensure uniform and high standards of selection and training,
enhancing judiciary quality and efficiency.
● It would address the substantial vacancies in lower courts and reduce the
backlog of cases.
● AIJS would enhance diversity in the judiciary, reflecting the social composition of
 the country.
Current Status
As of 2023, there's no consensus on AIJS due to diverging opinions among
stakeholders.
The proposal remains unimplemented, highlighting challenges in achieving consensus.
How are District Judges Recruited Currently?
● States have authority over appointments, managed through State Public Service
Commissions and High Courts.
● Panels of HC judges interview candidates after exams and select them for
appointment.
Concerns Regarding AIJS:
● Critics argue it would infringe upon the federal structure and autonomy of states
and high courts.
● It could create dual control over judges, leading to a conflict of interest.
● It might disregard local laws and customs, essential for judiciary functioning.
● It could affect the morale and motivation of existing judicial officers.

Article 142

Context:
In a ruling under Article 142, the Supreme Court mandated that lawyers and
professionals with 10 years of experience are eligible for appointment as President and
members of state consumer commissions and district forums.
● This decision overturned provisions of the Consumer Protection Rules, 2020,
which required a minimum professional experience of 20 years and 15 years for
such appointments.
● Until suitable amendments are made, individuals with 10 years of experience in
relevant fields will be eligible for these positions.
● Article 142 of the Constitution grants discretionary power to the Supreme
Court, allowing it to pass decrees or make orders necessary for complete
justice.
● While initially praised for bringing justice to deprived sections of society or
protecting the environment, recent judgments invoking Article 142 have raised
concerns about judicial overreach.
● Examples include the ban on alcohol sale along highways, extending to state
highways despite no similar notifications by state governments.

Doctrine of Promissory Estoppel

Why is it in the News?

The Supreme Court recently dismissed petitions challenging the Delhi High Court's
decision to uphold the Agnipath scheme for armed forces recruitment.
● During the proceedings, arguments invoking the Doctrine of Promissory
Estoppel were presented, particularly concerning petitions from candidates
previously shortlisted in a recruitment process for the Army and Air Force, which
was subsequently cancelled with the introduction of the Agnipath scheme.
The Doctrine of Promissory Estoppel:
● Promissory estoppel is a concept rooted in contractual laws which prevent a
promisor from reneging on an agreement due to lack of consideration.
● It is utilized in court by a plaintiff to enforce contract execution or seek
compensation for non-performance.
● The Supreme Court, in the Chhaganlal Keshavalal Mehta v. Patel Narandas
Haribhai (1981) case, outlined criteria for applying this doctrine, including a
clear promise, reasonable reliance by the plaintiff, and resulting loss.
Current Stand of the Supreme Court on the Agnipath Petition
● The Supreme Court noted that promissory estoppel is always subject to the
overarching public interest.
● It clarified that since the matter pertained to public employment and not contract
law, the principle of promissory estoppel would not apply in this case.

Nari Adalat

● Nari Adalat is a pivotal aspect of the Sambal sub-scheme under Mission Shakti,
operating under the Ministry of Women and Child Development.
● Mission Shakti aims to bolster women's safety, security, and empowerment.
Role of Nari Adalat
● Serves as an Alternative Grievance Redressal Mechanism, addressing minor
grievances such as harassment and infringement of rights faced by women at
the Gram Panchayat level.
● Additionally, it acts as a platform for public engagement, facilitating
awareness campaigns, gathering feedback for scheme enhancement, and
ensuring efficient public service delivery.
Phased Implementation
● Initially, the states of Assam and the Union Territory of Jammu & Kashmir have
been chosen by the Ministry for the implementation of Nari Adalat, marking the
commencement of this crucial initiative.

Narco Analysis Test

Why is it in the News?

Wrestlers protesting at Jantar Mantar in Delhi have expressed their willingness to
undergo narco-analysis tests, under the condition that the Supreme Court monitors the
procedure and broadcasts it live for the entire nation to witness.
Narco Analysis:
● Narco analysis involves administering a drug called sodium pentothal, also
known as 'truth serum,' to induce a hypnotic or sedated state in the accused.
● In this state, individuals are believed to speak without inhibition, revealing
information that is presumed to be truthful.
Legal Implications and Background
● The Supreme Court in the case of Selvi & Ors vs State of Karnataka & Anr
(2010) ruled that narco tests along with brain mapping and polygraph tests
cannot be conducted without the consent of the individual, citing violations of
Article 20(3) (Right against self-incrimination) and Article 21 (Right to life and
personal liberty) of the Constitution.
Key Points
● Narco analysis reports are not admissible as primary evidence in court.
● Information obtained voluntarily during these tests can lead to subsequent
discoveries, which may be admissible.
● Narco tests should strictly adhere to the guidelines outlined by the National
Human Rights Commission.
● The Supreme Court emphasized that such tests can only be conducted with the
consent of the accused, who must be informed about their rights and the
potential consequences.
● There are concerns about the reliability of narco tests, as they are based on
assumptions and probabilities, and individuals may manipulate or fabricate
results.

Nyaya Vikas Portal

● The Nyaya Vikas Portal is an initiative spearheaded by the Ministry of Law and
Justice to oversee the execution of Centrally Sponsored Schemes (CSS) aimed
at enhancing the infrastructure of the judiciary.
● The primary objective is to provide central assistance to State Governments and
Union Territory Administrations for the construction of court halls and residential
units for Judicial Officers and Judges at the district level.
● Funding Mechanism varies based on the region:
○ Northeastern and Himalayan States: Funded at a ratio of 90:10, with
90% of the funds provided by the central government and 10% by the
respective state governments.
○ Union Territories: Fully funded by the central government (100%).
○ Remaining States: Funded at a ratio of 60:40, with 60% of the funds
provided by the central government and 40% by the respective state
governments.
Justice Clocks

● It is an electronic signage system which has been installed across the court
complexes of High Courts.
● The initiative will inform stakeholders about court-related key parameters and
bring awareness among the public by providing birds eye view of court-related
data

Initiatives taken to modernize and enhance the efficiency of the judicial system:
● e-Court Mission: aims at the digitization of the judiciary, facilitating the
transition to electronic court proceedings.
● Inter-operable Criminal Justice System (ICJS): facilitates the seamless
exchange of data and information among stakeholders such as courts, police,
and jails, streamlining the criminal justice process.
● Fast and Secure Transmission of Electronic Records (FASTER): developed
by the Supreme Court, is a software solution designed to swiftly and securely
transmit court orders electronically.
● SUVAS (Supreme Court Vidhik Anuvaad Software): used to translate
judgments written in English into regional languages, promoting accessibility and
understanding.
● e-SCR Portal: provides digital versions of judgments from the apex court in the
same format as they appear in official law reports, facilitating easy access to
legal precedents and rulings.

Simultaneous Elections

Context:
The government's formation of a committee under former President Ram Nath Kovind to
examine the feasibility of simultaneous elections, also known as "one nation-one
election" has recently made headlines.
Simultaneous Elections:
● Aims to synchronize the voting process for Lok Sabha, State Assemblies,
 Municipalities, and Panchayats, ensuring that voters in a particular constituency
cast their votes on the same day.
● This doesn't necessarily mean holding all elections nationwide on a single day.
● It could be conducted in phases as per the existing practice with the condition
that voters in a constituency vote for both the State Assembly and Lok Sabha on
the same day.
● This concept was the norm until 1967 when elections to State Assemblies and
Parliament began to be held separately.
● The idea of simultaneous elections was first proposed by the Election
Commission in 1983 and later recommended by the Dinesh Goswami
Committee.
● Article 324 constitutes the Election Commission which is responsible for
conducting polls to the offices of the President and Vice-President of India,
Parliament, the state assemblies and the legislative councils.

Electoral Funding

Context:
The five-member Constitution Bench, of the Supreme Court (SC) in a unanimous verdict
declared the Electoral Bond Scheme unconstitutional.
Electoral Bonds (EBs)
● They are interest-free bearer bonds or money instruments available for purchase
by both companies and individuals in India from authorized branches of the
State Bank of India (SBI).
Key features of EBs include
● Announcement: EBs were introduced in the Union Budget 2017-2018 as part of
efforts to reform political funding in India.
● Denominations: They are sold in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh,
Rs 10 lakh, and Rs 1 crore, catering to varying contribution amounts.
● Purchase Process: EBs can be acquired through a KYC-compliant account,
ensuring transparency in donations to political parties.
● No Cap on Purchase: There is no limit on the number of EBs that a person or
company can purchase, allowing for flexibility in contributions.
● Availability: EBs are available for purchase for a limited period of 10 days each
in January, April, July, and October.
● Transaction Mode: All transactions involving EBs are conducted either through
cheques or digitally, ensuring traceability and accountability.
● Confidentiality of Donor Identity: One of the significant features of EBs is the
confidentiality of donor identities, which reduces the risk of retaliation or
intimidation for their political affiliations, thus safeguarding their privacy.
Enabling Communications in Real-time Environment (ENCORE)

The Election Commission has developed in-house software called 'ENCORE' for
comprehensive candidate and election management.
Key Features:
● End-to-end Application: ENCORE serves as an end-to-end application
designed for returning officers.
○ It facilitates the digitization of votes polled, tabulation of round-wise data,
and generation of various statutory reports during the counting process.
● Complete Candidate and Election Management: offers a centralized platform
for organizing and overseeing the electoral process.
● ENCORE Scrutiny Application: enables returning officers to scrutinize the
nominations filed by candidates online.
○ This application enhances efficiency and transparency in the nomination
scrutiny process.
● The ENCORE Nodal App facilitates coordination between various departments,
such as fire, education, police, and environment, for issuing 'no objection'
certificates to political parties or candidates.