1.

POLITY AND GOVERNANCE

1.1. TRIBUNAL SYSTEM IN INDIA
Why in the News?
Recently, the Supreme Court (SC) ruled that
tribunals cannot direct the government to
frame policy.
More about News
• Context: SC was deciding on whether
the Armed Forces Tribunal (AFT) could
have directed the government to make
a policy to fill up the post of Judge
Advocate General (Air).
o The AFT was set up under the AFT
Act, of 2007.
o AFT provide for adjudication or
trial of disputes and complaints to
the commission, appointments,
enrolment and conditions of
service in respect of persons
subject to the Army Act, 1950,
Navy Act, 1957, Air Force Act,
1950.
✓ It can further provide for
appeals arising out of orders,
findings or sentences of
courts-martial held under the said Acts and for matters connected therewith or incidental thereto.
• Court Ruling: SC held that a tribunal subject to the High Court’s jurisdiction under Article 226, cannot be permitted
by law, to direct the framing of a policy by the Government.
o Also, SC said that making policy is not in the domain of the Judiciary.
About Tribunals System
• Nature: Tribunals are quasi-judicial bodies. The objective may be to reduce the caseload of the judiciary or to bring
in subject expertise for technical matters.
• Constitutional Recognition: In 1976, Articles 323A and 323B were inserted in the Constitution of India through the
42nd Amendment.
o Article 323A: Empowered Parliament to constitute administrative Tribunals (both at central and state level) for
adjudication of matters related to recruitment and conditions of service of public servants.
o Article 323B: Specified certain subjects (such as taxation and land reforms) for which Parliament or state
legislatures may constitute tribunals by enacting a law.
✓ In 2010, the Supreme Court clarified that subject matters under Article 323B are not exclusive, and
legislatures are empowered to create tribunals on any subject matter under their purview as specified in the
Seventh Schedule of the Constitution.
• Composition of Tribunals: The presence of expert members (technical members) along with judicial members is a
key feature of tribunals which distinguishes them from traditional courts.
• Jurisdiction: Each tribunal is given specific jurisdiction to hear and decide cases within its designated area of expertise.
o Some tribunals have appellate jurisdiction, meaning they hear appeals from decisions made by lower authorities
or government bodies.

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• Appeals: Appeals from tribunals usually lie with the concerned High Court. However, some laws specify that appeals
will be heard by the Supreme Court.
o In Chandra Kumar Case (1997), appeals against decisions of tribunals were allowed in the division bench of High
Courts.
• Currently, tribunals have been created both as substitutes to High Courts and as subordinate to High Courts.
Significance of Tribunals
• Specialization: This specialization ensures that cases are adjudicated by individuals with a deep understanding of the
relevant legal and technical issues.
• Speedy Resolution: This is particularly important in areas where timely decisions are crucial, such as service matters,
tax disputes, and environmental issues.
• Reduced Case Load: By handling specific types of cases, tribunals contribute to reducing the burden on traditional
courts, helping to address the issue of judicial backlog.
• Accessibility: Tribunals are geographically dispersed, with benches located across the country.
• Efficiency in Service Matters: Administrative Tribunals, such as the Central Administrative Tribunal (CAT), expedite
the resolution of service-related matters for government employees.
Concerns with Tribunals
• Lack of Independence: Critics argue that certain tribunals might not be entirely independent, as their members are
often appointed by the government.
o This raises concerns about the potential for undue influence or interference in decision-making.
o In 2019, the SC reiterated that the lack of judicial dominance in selection committees of tribunals violates the
doctrine of separation of powers.
• Pendency of cases: For example, in 2021, the AFT had 18,829 pending cases.
o The lack of human resources is observed to be one of the key reasons for the accumulation of pending cases in
courts.
• Term of office: In 2019, SC stated that a short tenure of members along with provisions of re-appointment increases
the influence and control of the Executive over the judiciary.
• Lack of Uniformity in Procedures: Procedures adopted by different tribunals can vary widely, leading to inconsistency
in the application of legal principles and potential confusion for litigants.
• Overlapping Jurisdictions: There have been instances of overlapping jurisdictions between tribunals and regular
courts, leading to confusion and potential conflicts.
• Concerns Regarding Technical Members: In certain tribunals, technical members may lack legal qualifications.
Way Ahead
• Enhance Independence: Mechanism for appointment and removal of members in tribunals, and tenure of their
employment should have adequate protection from legislative and executive interference.
• Administration of Tribunals: The Standing Committee on Personnel, Public Grievances, Law and Justice (2015)
recommended the creation of an independent body called the National Tribunals Commission (NTC) for the
administration of all tribunals in India.
o In 2020, SC also emphasised creating NTC to supervise appointments, as well as the functioning and
administration of tribunals.
• Timely Appointments: Expedite the appointment process for tribunal members to prevent delays in the resolution of
cases and reduce backlogs.
o A judicial impact assessment would be helpful to determine the extra resources required to handle fresh cases
resulting from the enactment of a new law.
• Clear Jurisdictional Boundaries: Clearly define and demarcate the jurisdiction of each tribunal to avoid overlapping
and conflicting decisions with regular courts.
• Training and Qualifications: Ensure that technical members of tribunals possess adequate legal qualifications or
receive training to understand legal principles, promoting a better understanding of the legal context.

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1.2. FINANCES OF PANCHAYATI RAJ INSTITUTIONS (PRIS)
Why in the news?
Recently, the Reserve Bank of India (RBI) released its report titled
“Finances of Panchayati Raj Institutions”. The report discusses the fiscal
position of PRIs for the years 2020-21 to 2022-23.
About Panchayati Raj Institutions and their finances
• 73rd Constitutional Amendment Act 1992: institutionalised the PRIs at
three levels i.e.,
o Mandate for setting up of Panchayats is provided by Article 243 in
Part IX of the Constitution of India.
o Panchayats, being Local Government, is a State subject.
• Number of PRIs: There are a total of 2.62 lakh PRIs in India, with 2.55
lakh Gram Panchayats, 6,707 Mandal Panchayats and 665 Zila
Parishads as of October 2023.
• Constitutional Provisions for Financial Empowerment of Panchayats
o Article 243H: Provides for finance for the Panchayats by securing
authorization from State Legislatures for grants-in-aid to the Panchayats from the Consolidated Fund of the State.
✓ It empowers panchayats to impose, collect, and allocate taxes, duties, tolls, and fees.
o Article 243-I: Setting up a Finance Commission (FC) every 5 years to review the financial position of Panchayats
and make recommendations to improve their financial position.
o Article 280(3)(bb): Mandates FCs to recommend measures needed to augment the Consolidated fund of the
state and supplement panchayat resources to the President.
Sources of Finance for PRIs
Internal/Own • Tax Revenue from Property tax on lands (other than Agriculture Land) or buildings or both; Taxes on
sources of revenue Duties and Commodities; Service tax; Taxes on Profession Trades etc.
• Non tax revenue from market fees on persons exporting goods for sale in Panchayat area; Fees on
Registration of Cattle sold within the Panchayat area etc.
Transfer of Funds • Tied Grants: Earmarked for specific purposes or sectors, like sanitation, education etc.
from Central Finance • Untied Grants (General purpose grants): These are provided without specific conditions or
Commission (CFC) restrictions and can be utilised for local needs and priorities.
and State Finance • Performance-based Grants: Additional funds granted to PRIs based on recommendations of CFCs and
Commission (SFC) specific performance criteria.
• Special Category Grants: These grants are additional financial support designed to address unique
challenges or particular needs of PRIs in specific regions or contexts.
Other Sources • Transfer from Central Government and State Government under different schemes like MGNREGA,
PMAY (Rural), Sansad Adarsh Gram Yojana etc.
• Grants from internationals bodies like World Bank, etc.
Challenges associated with the finance of PRIs
• Structural challenges: Inadequate financial resources, heavy reliance on grants from upper tiers of government; and
weak infrastructure impede the functioning of PRIs.
o Around 95 % of their revenues come from grants by higher levels of government.
• Inconsistency in data: Assessment of the fiscal health of PRIs is difficult due to a lack of data on their revenues and
expenditures and a lack of skilled staff to maintain data in standardised formats.
o Audit reports have been generated for only 46% of Gram Panchayats for 2019-20.
• Tax revenue: Sources of revenue for PRIs are limited, mainly property taxes, fees, and fines.
o They face challenges in raising tax revenue due to a limited tax base, shortage of staff and adequate
infrastructure along with a lack of clear guidelines for introducing new taxes.
• Corruption: Instances of misuse of funds for personal gain have hindered the ability of PRIs to effectively carry out
their roles and responsibilities.
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 o For example, Rs 1.58 crore was diverted from the gram panchayat account without prior permission from the
panchayat body and higher officials in Vijayawada.
• State Finance Commissions (SFC): As per rural development and Panchayati raj report, only 9 states have been
constituting SFCs regularly, and out of them, only two are active.
Initiatives taken to improve financial ecosystem of PRIs.
• e-Gram Swaraj: It assist in enhancing the credibility of Panchayats which would induce greater devolution of funds to PRIs
as well as provide a platform for effective monitoring by higher authorities.
• Gram Panchayat Development Plan (GPDP): It is an annual exercise carried out by Ministry of Panchayati Raj (MoPR) in all
Gram panchayats and other local self-governance bodies where GP development plans are prepared in a participatory
manner under people’s Plan Campaign.
• Capacity Building- Panchayat Sashaktikaran Abhiyan (CB-PSA): It had provided assistance to the States/ UTs for capacity
building and training of Panchayat Elected Representatives to enable them to perform their functions, including planning
and implementation of development programmes, effectively and efficiently.
• Rashtriya Gram Swaraj Abhiyan (RGSA): It aims to strengthen capacities of institutions for rural local governance to become
more responsive towards local development needs, and efficiently utilise available resources for realizing sustainable
solutions to local problems linked to SDGs.
Way forward
• Budgetary support: Increase budgetary allocations from higher levels of government to ensure PRIs have sufficient
resources to fulfil their responsibilities. Also, steps should be taken to diverse funding sources of the PRIs.
• Skilling: Training and capacity-building of PRI members to enhance their financial management skills, ensuring
effective and transparent handling of funds.
• Accountability: Enforce strict financial accountability measures, regular and independent audits, and transparent
reporting mechanisms to prevent misuse of funds and corruption.
• Strengthening SFC: SFCs should be constituted timely every 5 years and reports should be tabled in state legislatures
regularly. It can fortify the financial position of PRIs and help them in better delivery of their responsibilities.
• Awareness: Raise citizen’s awareness about the functions and significance of PRIs by encouraging their increased
participation in local governance processes.

1.3. STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF

STREET VENDING) ACT, 2014
Why in the news?
Recently, the Minister of Housing and Urban Affairs highlighted the slow pace of implementation of the provisions of the
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.
More about the news
• A revamped PAiSA Portal Dashboard and the PM SVANidhi Mission Monitoring Portal were also launched at the
event.
o Portal for Affordable credit and Interest Subvention Access (PAiSA) is a portal designed to provide a centralized
platform for Processing of Interest Subsidy to eligible beneficiaries under PM Svanidihi, Self-Employment Program
etc.
Key features of the Street Vendors Act, 2014
• Rights of street vendors: Every street vendor shall have the right to carry on the business of street vending activities
as per the terms and conditions mentioned in the certificate of vending.
• Duties of Street Vendors:
o Remove his goods and wares every day at the end of the time-sharing period allowed to him.
o Maintain cleanliness and public hygiene in vending zones and adjoining areas.
o Maintain civic amenities and public property in the vending zone in good condition.
o Payment of maintenance charges for the civic amenities and facilities as determined by local authorities.
• Town Vending Committees (TVCs): They are to be established in each Local Authority. These committees are in charge
of enumerating, identifying, and allocating vending zones in a city.
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 o TVCs are to be heterogeneously constituted with at least 40% of its elected members being street vendors, of
which one-third are to be women.
• Survey of the Street Vendors: At least once every five years for the issuance of a Certificate of Vending (CoV) to the
vendors identified.
• Ceiling limit on the number of vendors:
It is set at 2.5% of the population of the
ward or zone or town or city for
accommodating the vendors in the
respective vending zones.
• Grievance redressal Committees: They
are to be set up by the States under the
chairmanship of a retired judicial
officer to maintain impartiality towards
grievances of street vendors.
• Period for the release of seized goods:
For non-perishable goods, the goods
are to be released within two working
days and in the case of perishable
goods, the goods shall be released the same day of claim.
Challenges associated with the functioning of the act
• Lopsided implementation: Despite a decade since enactment only 17 States have constituted Grievance redressal
Committees for the welfare of the street vendors.
o The TVCs are yet to be formed in many Urban local bodies and existing TVCs also lack proper representation in
many states.
• Ceiling on Number of Vendors: The act has set the limit of street vendors to 2.5% of the total population of the
ward/city, which is inadequate for a major metropolis like Delhi, Mumbai etc.
• Exclusion of Railways land and its premises: The act does not apply to any land, premises and trains owned and
controlled by the Railways, which is a huge business area for the vendors.
• Lack of uniformity: Currently, street vending is regulated under municipal laws enacted by state legislatures and this
leads to a lack of uniformity in its implementation.
o For example, Brihanmumbai Municipal Corporation issued a Certificate of Vending based on domicile certificates
till 2022, despite domicile not being a criterion under the 2014 act.
Way forward
For better implementation of the Act
• Revision of the ceiling on the number of vendors: It can be increased in consonance with the nature of the city and
as per the latest survey of street vendors.
• Ensuring adequate representation: Street vendors and TVCs as stakeholders while deciding any policy framework
that impacts their livelihood.
• Creation of Vending Zones near Railway Stations: This will provide more opportunities for the vendors and ensure
more consistent implementation of the Act.
• Integration with the Smart City mission: Including members from the Street vendor’s community in deliberations
and formulation of the Smart City projects.
• Establishment of Model Vending zones as "Light House Projects" by the Ministry of Housing and Urban Affairs, to be
replicated in states.
For the Welfare of Street Vendors
• Issuance of Smartcards which integrate the details of Vendor ID cards and Certificate of Vending.
• Sensitize police force and local body officials by including the Street Vendors Act in their training curriculum to avoid
excessive actions over street vendors.
• Publish Street vendors charter by every TVC specifying the time within which a CoV shall be issued, renewed and
other activities to be performed.
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1.4. REVAMPED SCHEME FOR ADMINISTRATIVE REFORMS
Why in the News?
The government has approved funds for the revamped Scheme for Administrative Reforms of the Department of
Administrative Reforms and Public Grievances (DARPG).
About the revamped Scheme for Administrative Reforms
• Ministry: Ministry of Personnel, Public Grievances & Pensions.
• Period: The scheme is to be implemented in the next two years (2024-25 and 2025-26) of the 15th Finance
Commission Cycle.
• 2 Verticals: Comprehensive System for Redressal of Public Grievances and Administrative Reforms.
o Scheme for Comprehensive System for Redressal of Public Grievances:
✓ Quality of grievance redressal: Taking forward the 10-Step CPGRAMS reforms (refer to table) aimed at
improving the quality of grievance redressal.
✓ AI-Assisted Redressal: Reducing timelines by developing an AI-assisted Public Grievance Redressal
System (CPGRAMS).
✓ Unified Grievance Redressal: The project will integrate all other grievance portals, thus making CPGRAMS
the single largest interface for public grievances.
✓ Capacity building: Deeper technology adoption, capacity building of grievance redressal officers, etc.
o Scheme for Administrative Reforms:
✓ Strategic Allocation: The scheme seeks to utilize resources for International Exchange and Cooperation
activities, the National e-Governance Awards Scheme etc.
About Centralised Public Grievance Redress
and Monitoring System (CPGRAMS)
• DARPG has put in place CPGRAMS since
2007.
• It is an online platform available to the
citizens 24x7 to lodge their grievances to
the public authorities on any subject
related to service delivery.
• It is a single portal connected to all
Ministries/Departments of Government of
India and States.
• Issues that are not taken for redress:
o RTI Matters.
o Court related matters.
o Religious matters, etc.
• In 2022, Government implemented the 10-
step reforms of CPGRAMS.

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1.5. NEWS IN SHORTS
1.5.1. DUAL CITIZENSHIP 1.5.2. SUPREME COURT LEGAL SERVICES
COMMITTEE (SCLSC)
• Recently the Union External Affairs Minister remarked
that dual citizenship is a challenge in India. • Recently, a Supreme Court judge has been nominated
• Dual or Multiple Citizenship: It grants an individual as the Chairman of the SCLSC.
legal status as a citizen of two or more countries • About SCLSC
simultaneously. o It is a statutory body.
• Countries offering dual citizenship: United States, ✓ Constituted under section 3A of Legal Services
Finland, Albania, Israel, and Pakistan, etc. Authorities Act, 1987 by National Legal Service
• The Indian Constitution prohibits dual citizenship for Authority.
nationals. o Objective: Providing free legal services to poor,
• Alternative to dual citizens in India under-privileged and those marginalized in
○ India offers the Overseas Citizenship of India (OCI) society.
program to Persons of Indian Origin (PIO), o Chief Justice of India in Patron-in-Chief of
excluding those who migrated to Pakistan and Committee.
Bangladesh. • Members: Chairman (sitting Judge of SC) and 9
• Benefits for OCI cardholders members (nominated by the Chief Justice of India).
○ Multi-purpose, multiple entry, lifelong visa for
visiting India. 1.5.3. SC ANNULS REMISSION IN BILKIS
○ Exemption from registration with local police BANO CASE
authority for any length of stay in India. • Supreme Court sets aside remission of 11 convicts in
○ Parity with NRIs in respect of economic, financial, Bilkis Bano’s case given by Gujarat government
and education fields except in matters relating to • SC held that Gujarat is not appropriate government to
the acquisition of agricultural/plantation
decide on remission petition as the trial was
properties.
conducted in Maharashtra. Thus, remission orders
• Foreign national eligible to apply for OCI were held to be invalid.
○ Who was eligible to become a citizen of India on • Remission refers to reduction in period of sentence
26.01.1950.
that has been imposed on a person, without affecting
○ Was a citizen of India on or at any time after
the nature of sentence.
26.01.1950.
o State may release convicts early under its
○ Who is a child or a grandchild or a great- remission policy.
grandchild of such a citizen given above.
• Constitutional provisions related to Remission
o Article 72 empowers President of India to grant
pardons, reprieves, respites, suspend, remit, or
commute the sentence of a person convicted of
any offense where sentence is
✓ by a court Martial;
✓ for an offence against any law relating to a
matter to which executive power of Union
extends;
✓ a sentence of death.
o Under Article 161, Governor's power is similar to
that of President, but limited to a matter to which
executive power of state extends.
• Legal basis of Remission
o Section 432 of Criminal Procedure Code (CrPC)
1973 grants government power to suspend or
remit sentences.
o Section 433A mandates remission only after 14
years of imprisonment.

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 Supreme Court verdict on Remission 1.5.5. MPLADS E-SAKSHI MOBILE
• Laxman Naskar versus Union of India (2000): SC laid
down five grounds on which remission is to be
APPLICATION
considered. • MPLADS (Member of Parliament Local Area
o offence affects society at large;
Development Scheme (MPLADS) e-SAKSHI Mobile
o probability of crime being repeated;
o potential of convict to commit crimes in future;
Application
o if any purpose is being served by keeping convict in was launched by Ministry of Statistics and Programme
prison; and Implementation (MoSPI) that allows MPs to propose,
o socio-economic condition of convict's family. track, and oversee projects under MPLAD Scheme.
• State of Haryana vs. Rajkumar (2021): Court held that • About MPLADS
Section 433-A of CrPC cannot and does not in any way o Central Sector Scheme under MoSPI.
affect the constitutional power conferred on o MPLADS funds used for creation of durable
President/Governor under Articles 72/161 of community assets in areas of drinking water,
Constitution. primary education, etc.
o Atleast 15 percent of MPLADS entitlement
1.5.4. PANEL FOR EQUITABLE
allocated for areas inhabited by Scheduled Caste
DISTRIBUTION OF BENEFITS AMONGST population and 7.5 percent for areas inhabited by
SCS ST population.
• Centre forms committee for the equitable distribution o Funds are non-lapsable i.e. if money is not utilised,
of benefits amongst Scheduled Castes (SCs) across the it gets carried to next year.
country o District authority must inspect atleast 10% of all
• Committee under Cabinet Secretary will formulate a work under implementation every year.
methodology to ensure the fair distribution of benefits
1.5.6. SOCIAL AUDIT ADVISORY BODY
and initiatives among over 1,200 Scheduled Castes
(SAAB)
nationwide that have been crowded out by relatively
forward ones. • First meeting of the Social Audit Advisory Body (SAAB)
• Although the committee cannot delve into questions held
of reservation, its constitution holds significance owing • SAAB is a first of its kind advisory body in India.
to the demand for sub-categorisation of SCs. o It is set up in the National Institute of Social
○ A 7 judge Constitution bench of Supreme Court Defence (NISD).
(SC) is set to hear if states have power to ✓ NISD function under the Department of Social
subcategorise SCs. Justice & Empowerment (DoSJE), Ministry of
• Legal Precedents on Sub categorisation of SCs Social Justice and Empowerment.
○ In E.V. Chinnaiah v State of Andhra Pradesh the SC o It will guide the Ministry in institutionalizing social
held that the subcategorisation of SCs by State is audits for its various schemes.
violative of the right to equality as well as Article ✓ It will promote capacity building of the
341 of the Constitution. members of Social Justice Cell of the Social
✓ Article 341 gives the President the power to Audit Units.
create a list of SC communities for reservation. • About Social Audit:
○ In State of Punjab v. Davinder Singh (2020) SC held o SA is a process of examination and assessment of
that deciding on the quantum of benefits in the a programme/scheme.
lists of SCs/STs already notified would not amount ✓ It is conducted with the active involvement of
to “tinkering” with it and States could do it. people and comparing official records with
○ ‘Jarnail Singh v Lachhmi Narain Gupta 2018 the SC actual ground realities.
upheld the concept of “creamy layer” within SCs o Key guiding principles of SA: Access to
too (for reservation in promotion). information (Jaankari); Participation (Bhagidari);
○ Experts also belive that Article 16(4) of the Protection of citizens (Suraksha); etc.
Constitution already provided for States to create • Implementation of SA:
special laws for any backward classes it felt were o Union Government has introduced the provision of
under-represented. SA in many flagship programmes, like Mahatma
Gandhi National Rural Employment Guarantee Act
(MGNREGA), etc.

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 o DoSJE has established the National Resource Cell
for Social Audit (NRCSA) to ensure SA through
dedicated Social Audit Units at the state level.
o Meghalaya is the first state to operationalise a
social audit law.
• Significance: Promote transparency and
accountability, strengthen institutions at the
grassroots level etc.
• Challenges: Lack of awareness among stakeholders,
apathetic attitude of implementing agency etc.

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1. POLITY AND GOVERNANCE
1.1. ELECTORAL BOND SCHEME
Why in the news?
Supreme Court in the Association for Democratic Reforms & Anr. v. Union of India (UoI) & Ors., unanimously struck
down the Electoral Bonds (EB) Scheme.
Electoral Bond Scheme (EBS)
• Electoral bond means a bond issued in the nature of promissory note which shall be a bearer banking instrument and shall
not carry the name of the buyer or payee.
• Features of Electoral Bonds
o Issued to the Purchaser on a non-refundable basis.
o Could be purchased by a A citizen of India or a body incorporated in India will be eligible to purchase the bond, from
authorised branches of the State Bank of India (SBI).
o Could be used for donating only to the registered political parties which secured not less than 1% of votes polled in the
last general election to the Lok Sabha or a Legislative Assembly.
• The rationale of the scheme was to enhance transparency in electoral funding since electoral bond transactions can only be
made through legitimate banking channels.
• Each EB had a unique alphanumeric number visible under ultraviolet rays.
Highlights of the judgement
Key question SC verdict
Whether the non-disclosure of information • Electoral Bond Scheme, by anonymising contributions, violates the right to
on voluntary contributions to political information traceable to Article19(1)(a) and thus, is unconstitutional.
parties is violative of the right to • Accordingly, amendments made by the Finance Act, 2017 to the Income Tax
information? (IT) Act 1961, the Representation of Peoples Act 1951, and the Companies Act
2013, to allow donations through Electoral Bonds have been held to be
unconstitutional.
Whether unlimited corporate funding to • Amendment to Companies Act permitting unlimited corporate contributions
political parties as envisaged by the to political parties is arbitrary and violative of Article 14.
amendment to the Companies Act violates • The court emphasised the amendment's authorisation of unrestrained
the principles of free and fair elections? corporate influence in elections, which contravenes the principles of free and
fair elections and political equality.
Other Key highlight of the judgement
• The court issued the following directions:
o The issuing bank shall stop the issuance of electoral bonds.
o Directed SBI (State Bank of India) to submit to the ECI (Election
Commission of India) the following information (within three
weeks of judgment),
✓ Details of electoral bonds purchased since the court’s interim
order (April 12, 2019), with details like date of purchase, name
of purchaser and denomination of electoral bond purchased.
✓ Details of political parties which have received contributions through Electoral Bonds since the interim order,
with details like encashment date and denomination of Electoral Bond.
o Directed ECI to publish the information shared by the SBI on its official website within one week of the receipt
of the information.
o Valid Electoral Bonds which are not encashed must be returned to the issuing bank, which would refund the
amount to the purchaser’s account.
• EBS not proportionally justified to curb black money: Relying on the Proportionality test, the court held that the
government did not adopt the least restrictive method to achieve balance in the rights of informational privacy and
the right to information of political contributions.

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• Right to privacy of political affiliations: It only extends to contributions made as a genuine form of political support,
the disclosure of which may curb various forms of political expression and association.
o It does not extend to contributions which may be made to influence policies.

Change in Political Funding in India with Finance Act 2017

Subject Before Finance Act 2017 After Finance Act 2017
(Laws amended by
Finance Act 2017)
Corporate • Political contributions by a company in • Omitted the cap on corporate funding to political
Contributions financial year (FY) shall not exceed 7.5% of parties.
(Section 182 of the its average net profits during the 3 • Allowed any company incorporated or
Companies Act 2013) preceding FYs. established in India to contribute via Electoral
• Required companies to disclose political Bonds.
contributions in its profit and loss account • Only required disclosure of the total amount of
along with particulars of the total amount political contribution and not the particulars of
and of name of the party. the amount contributed to each political party.
Curbing black money • Political party to maintain a record of • Political parties not required to maintain a
(Section 13A to the IT voluntary contributions in excess of Rs. record of contributions from electoral bonds.
Act,1961) 20,000 along with the name and address of • Donation in excess of Rs. 2000 must be received
the contributor. only by a cheque, bank draft, electronic clearing
• Cash mode for political donations allowed system or through electoral bond.
for individuals.
Transparency • Political parties to report on all • Parties will not have to submit records of
(Section 29C of the RP contributions above Rs 20,000 to the ECI. electoral bonds received to the ECI.
Act,1951)

1.2. 75 YEARS OF THE SUPREME COURT OF INDIA

Why in the News?
Recently, the Prime minister inaugurated the Diamond Jubilee celebration of
the Supreme Court of India on 28th January at the Supreme Court auditorium
in Delhi.
More in News
• On the occasion, PM Launched multiple technology initiatives for the
Supreme Court.
o Digital Supreme Court Reports: It will make Supreme Court
judgments available to the citizens of the country free of cost and in
electronic format.
o Digital Courts 2.0: Application is a recent initiative under the e-
Courts project to make court records available to the Judges of the
district courts in electronic form.
✓ The e-court mission, launched in 2013, aims to modernize India's
court system by making it digital and improving access to justice.
o New website of Supreme Court: The new website will be in bilingual
format in English and Hindi and has been redesigned with a user-
friendly interface.

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 A glance at relations between judiciary and executive
• Article 50 in Part IV: The State shall take steps to separate the judiciary from the executive in the public services of the State.
o However, since the inception of the constitution, these two branches have witnessed a conflict due to their encroachment
upon one another.
• 1947-1964
o Confrontation began on issues of the right to Property.
o Kameshwar Singh vs State of Bihar - The government brought the 1st constitutional amendment Act and inserted the 9th
schedule.
o Political class asserted its supremacy through amendments.
• 1965-1993
o Due to frequent amendments to the Constitution, the Supreme Court had to assert its position.
o Golaknath Case, Kesavananda Bharati case, etc established the dominance of SC.
o However, the government responded with CAA 24th and 25th which restricted SC power.
o ADM Jabalpur Case, and Minerva Mills case (1980), again asserted the position of SC.
• 1993-2018:
o Three judges’ cases empowered SC in the appointment of Judges.
o National Judicial Appointments Commission (NJAC) legislation was brought by the government but struck down by the
SC.
About Supreme Court
• According to Article 124(1) of the Indian Constitution, the Supreme Court of India must have a Chief Justice of India
(CJI) and a maximum of seven additional justices unless Parliament specifies a higher number through a statute.
o Currently, the Supreme Court comprises the Chief Justice and 33 other Judges.
• Constitutional Provisions: The Supreme Court's powers and jurisdiction are outlined in Articles 124 to 147 of the
Indian Constitution.
Key Features of the Supreme Court of India
• Highest Court of Appeal: The Supreme Court is the highest appeal court is also known as the apex court of India and
even the last resort, where the citizens of India can seek justice if they are not satisfied with the judgment of the High
Court.
• Advisory Jurisdiction: As per Article 143 of the Constitution, the SC can advise the President of India that is related to
the question of law, and the nature of the matter is associated with public importance.
• Adjudicate Federal Disputes: The Court resolves disputes between the Union and the states and between different
states (Article 131).
• Judicial Review: The Supreme Court reviews laws and actions of the executive to ensure they comply with the
Constitution.
• Protection of Fundamental Rights: The Court protects the fundamental rights of citizens by issuing writs and orders
(Article 32).
• Public Interest Litigation (PIL): The Court can take up cases on its own or on behalf of the public interest. In some
matters, the Supreme Court also acts on its own and can pass suo moto.
Challenges Faced by Supreme Court
• Massive Case Backlog: As of 2023, there were over 80,439 cases pending in the Supreme Court alone.
• Judicial Activism vs. Judicial Restraint: This debate revolves around the appropriate role of the judiciary in policy-
making and governance.
• Uncle Judge Syndrome: The Law Commission of India's 230th Report highlighted a concern about potential
favouritism in the appointment of judges to the High Court and Supreme Court, impacting the impartiality and fairness
of the judicial system.
• Judicial-Executive Conflict: The judiciary and executive have faced rising conflicts, marked by delays in judicial
appointments, the Tribunalisation of justice, and public criticism of the executive during COVID-19.
• Public Perception and Trust: There have been concerns about the public perception of the judiciary, including issues
related to transparency, accountability, and judicial independence.

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Way Forward
• Case Management and Technology: Implementing case management systems and leveraging technology for e-filing,
video conferencing, and virtual hearings can help reduce case backlog and improve efficiency.
• Judicial Reforms: Implementing judicial reforms, such as increasing the number of judges, improving infrastructure,
and filling up vacancies promptly, can help address the backlog and ensure timely justice delivery.
• Enhancing Transparency and Accountability: Transparency in the appointment of judges and making judgments more
accessible to the public can help improve public trust in the judiciary
• Strengthening Judicial Independence: Ensuring that the judiciary is free from undue influence and interference from
the executive or other branches of government can help maintain the integrity of the judicial system.

1.2.1. REGIONAL BENCHES OF SUPREME COURT

Why in the news?
Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice informed the
Parliament about the government’s acceptance of its recommendation to establish regional benches of the Supreme
Court (SC).
Law Commission’s recommendations on regional benches of SC
More on the news
• 95th Report of Law Commission (1984): SC should consist of two
• The recommendations were made in the 133rd Divisions, namely, Constitutional Division and Legal Division.
report of the Parliamentary Standing • 125th Report of Law Commission (1988): Reiterated the
Committee titled, ‘Judicial Processes and Their recommendations made 95th Report, for splitting the Supreme
Reform’. Court into two:
• SC of India may invoke Article 130 of the o Constitutional Court at Delhi
o Court of Appeal or Federal Court sitting in North, South, East,
Constitution for establishing its regional
West and Central India
benches at four or five locations in the Country.
• 229th Report of Law Commission (2009): Recommended setting
o As per Article 130 of the Constitution of up,
India, the Supreme Court shall sit in Delhi or o Constitution Bench at Delhi
such other place or places, as the Chief o Four Cassation Benches in the Northern region at Delhi, the
Justice of India, may, with the approval of Southern region at Chennai/Hyderabad, the Eastern region at
the President, from time to time, appoint. Kolkata and the Western region at Mumbai.
• The interpretation of Constitution and
Constitutional matters may be dealt at Delhi and the regional benches may decide appellate matters.
• The appellate benches’ decisions should be treated as final, and it should not be treated as another layer of the
judiciary.
Need of Regional benches of SC
• Access to justice: Regional benches of SC would take justice to the near to common citizen thereby upholding access
to justice which is a fundamental right under Articles 14 and 21.
o Article 39A of the Constitution provides that ‘The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.’
• Reduce geographical bias: Delhi-centric Supreme Court causes a big hurdle for litigants coming from far-flung areas
of the country. E.g. language barrier, issues in finding lawyers, the high cost of travel and stay in Delhi etc.
• Reduce the burden of SC: Regional benches can be the solution to the overflowing caseload of the judiciary and
reduce the litigation cost to the common man.
• Capacity Enhancement: Permanent Regional Benches of SC would lead to an increase in the number of Judges in SC
thereby increasing the Judge to Population ratio.
Challenges in the creation of regional benches
• Opposition from SC: The Supreme Court has been consistently rejecting the proposal for setting up the Benches of
the Supreme Court at a place outside Delhi.
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• Affect the unitary character of the SC: Multiple regional benches could lead to more divergent views within SC which
may become difficult to resolve entailing time and expenditure of litigants.
• Conflicting precedents: Regional benches may lead to the rise of conflicting precedents resulting in increased
litigation.
• Might reduce the position of SC: Regional benches of SC, deciding only appellate matters would reduce the position
of SC.
• Classification of the case: Identifying and categorizing a case as being of constitutional significance poses a challenging
task.
o The Chief Justice of India may have exclusive power to determine which case is to be classified as a case of
Constitutional importance.
Way Forward
• Promote Hybrid/Virtual hearing: Virtual court may help speedy disposal of cases, reduce litigation costs and address
the geographical barriers in access to justice.
• Learning from the system prevalent in other countries: E.g. France which implements a system comprising a separate
court of appeal and courts of cassation.
• Constitutional amendment for separate court: The government may explore the possibility of a constitutional
amendment to separate the functions of the Supreme Court into constitutional and appellate.
• Facilitate Judicial Reforms: E.g. Enhancement of the number of judicial staff and judges, improve judicial
infrastructure, promote judicial accountability etc. to improve the efficiency of the judiciary at all levels.

1.3. NALSA (NATIONAL LEGAL SERVICES AUTHORITY)

Why in News?
Parliamentary Standing Committee submitted its
Report on “Review of the working of Legal aid
under the Legal Services Authorities Act, 1987”
What is NALSA?
• NALSA, or the National Legal Services Authority,
is an apex organization established under the
Legal Services Authorities Act, 1987.
• It oversees the implementation of legal aid
policies and programs and monitors legal aid
activities across India.
• The core principle of NALSA in India is to ensure
that the impoverished and underprivileged
have access to justice through the provision of
free legal services.
• The legal aid under it is applicable to Courts,
tribunals, and other bodies with judicial or
quasi-judicial powers.
• It also promotes Settlement of Disputes
through Alternate Dispute Resolution (ADR)
Mechanisms.
• Central Government allocates annual funds to
NALSA, distributed to State and District Legal
Services Authorities.
o State Governments cover state-level expenses, including salaries.
• The weaker sections covered under Section 12 of the law include:
o Women and Children
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 o Members of Scheduled caste or Scheduled Tribes
o Industrial Workmen
o Persons with Disability
o Persons in Custody
o Victims of Human trafficking
o Victims of Natural Disasters, Ethnic/caste violence, industrial Disaster
o Persons with an annual income of less than Rs 1,00,000/- Or as notified by the Central/State Governments
• NALSA grants authority to oversee legal aid initiatives to:
o Legal Services Authority at National/State/District Level
o Taluka/Sub divisional Legal Services Committee
o High court and Supreme Court Legal Services Committees
Functions of NALSA
• Legal Aid and Assistance: It includes advocate
representation, process fee payments, document
preparation, including drafting and translation, and
provision of certified copies of legal documents in
proceedings.
• Participation in PILs litigation for social justice on
behalf of the marginalized under Section 4(d) of the
Legal Services Authorities Act
o The protection of fundamental rights of the
abandoned and destitute women/widows in
Vrindavan. Ex: The NALSA vs. Union of India
(2014) recognizes transgenders to be the third
gender.
• Lok Adalats and Mediation: Aimed at resolving
legal disputes expeditiously and amicably, thereby
reducing the burden on the formal judicial system.
• Legal Awareness: To promotes legal literacy
through various means, including seminars,
pamphlet distribution, television and radio
appearances, internships for law students, and
Legal Aid Clinics in colleges etc. Constitutional Provisions related to Free Legal Aid
• Victim Compensation: Through schemes like • Article 39A: Mandates the State to ensure justice with equal
“Compensation Scheme for Women opportunity, including free legal aid provision.
Victims/Survivors of Sexual Assault/other Crimes” • Article 14: Guarantees equality before the law for all individuals
NALSA aims to provide compensation and support within India's territory.
• Article 22(1): Provides protection to individuals arrested or
to women who are victims or survivors of sexual
detained, ensuring their right to legal consultation and
assault or other crimes.
representation.
Issues identified in report and Key recommendations
Issues Recommendations/Observations
• Lack of Awareness and Legal Education: India Justice • Execute mass media campaigns for legal aid awareness
Report 2019 despite over 80% eligibility, only 15 million • NALSA should prioritize assisting vulnerable sections,
have used legal aid since 1995 particularly undertrial prisoners, and study cases of
prolonged detention and bail challenges.
• Budgetary Constraints and Allocations: India's legal aid • Increase Grant-in-aid to NALSA substantially to bridge justice
spend is 0.75 paise per capita annually for year 2017- gap.
18 as per India Justice Report, 2019

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 • Role of Lawyers and Compensation: Lawyers refrain • Ensure Fair Compensation
from pro bono due to fee caps; receive nominal • Mandate lawyers to engage in annual pro bono work.
honorarium ranging from 1,500 to 7,500 rupees. • Senior Advocate Panels for pro bono services in District
Judiciary, High Courts, and Supreme Court.
• Merit Certificates to Recognize lawyers' pro bono
contributions for judicial career advancement.
• Challenges faced by Lok Adalats: Limited powers and • To Revise powers and procedures of Lok Adalats and equip
procedural constraints, inability to compel parties to them with modern technology, adequate resources, and
appear causing delays and Insufficient infrastructure training to streamline processes and minimize delays.
and resources.
• Under-utilisation of Para-Legal Volunteers (PLVs) • Train PLVs comprehensively, provide resources, and fair
compensation.
• Conduct awareness campaigns and appreciate PLVs'
contributions to enhance motivation.
• Shortage of staff and unfilled vacancies: As of • Fill vacant positions promptly and consistently to prevent
December, 2022, NALSA operated with only 20 staff accumulation of unfilled vacancies.
members out of its sanctioned 34 positions.

Government Initiatives for legal aid

• "Designing Innovative Solutions for Holistic Access to Justice in India (DISHA)”
• Nyaya Bandhu Platform: Facilitate connection between Pro Bono Advocates and registered beneficiaries, encouraging Pro
Bono culture among law students, advocates, and law schools.
• Tele-Law Service: Connect beneficiaries with lawyers via tele/video conferencing, available in 2.5 lakh Gram Panchayats across
766 districts.
• Legal Aid Defence Counsel System (LADCS): Initiated by NALSA, ensures efficient legal aid in criminal cases by engaging full-
time lawyers across 676 districts nationwide, mirroring public defender systems in developed countries.
• Nyaya Mitra programme: Facilitate disposal of 15-year-old pending cases at the district level through its Nyaya Mitra
programme and to empower citizens through Pan India legal literacy and legal awareness programme.

1.4. ARTICLE 142

Why in the News?
The Supreme Court recently nullified the outcome of the Chandigarh Mayor election, exercising its power under Article
142 of the Constitution to ensure "complete justice".
What is Idea of Complete Justice?
• The "idea of complete justice" is derived from the Article 142 of the Constitution.
• It means to ensure justice by filling gaps in the law and overriding legal provisions when necessary. This entails interpreting
and applying laws considering broader constitutional principles, societal needs, and evolving standards of justice.
About Article 142
• The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for
doing complete justice in any cause or matter pending before it.
• Enables the Supreme Court to exercise executive and legislative functions in specific scenarios, including issuing
guidelines, directives, or orders to governmental bodies or other authorities.
• Permits the Supreme Court to intervene in matters concerning public interest, human rights, constitutional values,
or fundamental rights, safeguarding them against any form of violation or infringement.
• Elevates the Supreme Court's role as the protector of the constitution and ultimate interpreter of the law, serving
as a catalyst for judicial activism and innovation.
Positive Impacts of Article 142:
• Address urgent issue with legislative vacuum: Proactive approach enables courts to provide remedies and resolutions
in cases where absence of legislation can hinder the delivery of swift justice and lead to irreparable harm.

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 o In Bhanwari Devi and Ors. vs State of Rajasthan (2002), the
SC provided “the Vishaka Guidelines” to address
workplace sexual harassment, eventually resulting in “the
Prevention of Sexual Harassment Act, 2013”.
o Cleaning of Taj Mahal, Release of undertrials, and the
Union Carbide case are few more examples of judicious use
of article 142.
• Strengthen Democracy: It protects the rights of minorities and
ensures that all voices are heard and respected within the
democratic process.
o K.S. Puttaswamy (Privacy) vs. Union of India (2017)
established guidelines for safeguarding individual privacy.
• Provides Checks and Balances: It serves as a crucial check on
government branches, preventing overreach and protecting
citizens.
o In 2014, the SC canceled all but four of the 218 coal block
allocations deemed illegal and arbitrary.
• Civil rights and social justice: By addressing issues overlooked
or avoided by the legislative and executive branches.
o In Vineeta Sharma vs. Rakesh Sharma & Ors. (2020) SC
addressed conflicting judgments on daughters'
coparcenary rights under Hindu Succession Act.
• Promotes equality: By challenging discriminatory laws and
practices, ensuring equal protection under the law irrespective
of race, gender, sexual orientation, or other characteristics.
o In The Secretary, Ministry of Defense vs. Babita Puniya
case SC granted permanent commission to women officers
in the Indian Army.
Issues with of Article 142
• Subjectivity in the definition: While using article 142, court has
wide discretion, and this allows the possibility of its arbitrary
exercise or misuse due to the absence of a standard definition for the term “complete justice”.
o Defining “complete justice” is a subjective exercise that differs in its interpretation from case to case.
• Blurs the Lines Between Branches: Judicial activism may sometimes blur boundaries between judiciary and
legislature, causing confusion in roles, leading to jurisdictional conflicts.
o S.R. Bommai vs. Union of India (1994): The SC's intervention in Karnataka's political crisis with a floor test blurred
judiciary-executive lines, sparking concerns of overreach.
• Unaccountability: Article 142 grants the judiciary, unlike the executive and legislative branches, immunity from easy
scrutiny or challenge for its decisions.
o The power has also been criticised on grounds of the separation of powers doctrine.
• Lack of Consistency: Inconsistent legal rulings under Article 142 complicate litigation planning and operations for
individuals and businesses.
Way Forward
• Addressing Arbitrariness: Judges should ensure that decisions made under Article 142 are based on relevant facts
and considerations, avoiding arbitrary use of power.
o While Article 142 provides a flexible approach to remedy shortcomings in legislation, it should not be misused.
• Defining ‘complete justice’: The ambiguity of the term ‘complete justice’ should not be exploited to justify arbitrary
decisions.
o Clear guidelines or principles can help mitigate misuse of power under the guise of achieving ‘complete justice’.
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• Establishing a regulatory framework: To prevent misuse of Article 142 decisions should be subject to scrutiny and
accountability, ensuring that all relevant parties are heard before invoking Article 142.
• Referral to Constitution Bench: Referral of all cases invoking Article 142 to a Constitution Bench of at least five judges.

1.5. CRIMINAL DEFAMATION

Why in the News?
The Law Commission in its report No. 285 titled “The Law of Criminal Defamation” has recommended that the offence
of criminal defamation should be retained in the new criminal law.
About Criminal Defamation
• As per the Black's Law Dictionary, defamation means "The offence of
injuring a person's character, fame, or reputation by false and malicious
statements".
• Defamation is categorised into two types written of liber and oral or
slander:
o Libel is an untrue defamatory statement that is made in writing.
Slander is an untrue defamatory statement that is spoken orally.
o According to Indian Law libel and slander, both are considered to
be criminal offences. Such statements are to be made in public to
constitute defamation.
• Indian Penal Code (IPC) section 499 makes it unlawful to communicate
any false information about an individual to harm their reputation and
the prescribed maximum punishment is two years.
o However, Section 354(2) of the 2023 Bharatiya Nyaya Sanhita Act
states: “Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with
fine, or with both or with community service.”
• The Supreme Court of India in Subramanian Swamy v. Union of India
(2016) upheld criminal defamation, balancing free speech and the
right to protect reputation.
• Law commission highlighted that reputation is an important facet of
Article 21 of the Constitution, which "cannot be allowed to be
jeopardised just because an individual has to enjoy his freedom of
speech" at the expense of hurting the sentiment of another.
o Article 19 (2) enumerates grounds on which restrictions on the freedom of speech and expression can be
imposed, one of which is defamation.
• According to data published by UNESCO, 160 countries in the world criminalize defamation.
Arguments for Retaining the Law of Criminal Defamation Arguments against Retaining the Law of Criminal
Defamation
• Stronger Deterrent: Compared to possible monetary damages in civil • Violates freedom of speech: Criminal
lawsuits, criminal punishment, such as fines or imprisonment, has a defamation rules could unintentionally violate
greater deterrent effect against intentional and destructive defamation. people's fundamental right to freedom of
• Public interest in Protection Reputation: Criminal prosecution conveys speech and expression 19(1)(a) since people
a message stating that such injury is not acceptable and acknowledges may be afraid of facing legal consequences for
the public interest in the protection of reputation. publicly expressing their thoughts.
• Protections of Vulnerable Groups: It can provide important safeguards • To silence dissent: It has the potential to be
against discrimination and hate speech directed towards marginalized weaponised by powerful entities, including
communities or minorities, among other vulnerable groups. corporations, or influential individuals, to
silence dissent, and intimidate journalists, and
critics.

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1.6. CASTE-BASED RESERVATION
Why in the news?
The Maharashtra State legislative assembly passed the Maharashtra State Reservation for Socially and Educationally
Backward Classes Bill, 2024, to provide 10% Reservation to the Maratha Community.
About the Bill
• It was drafted based on a Maharashtra State Backward Class Commission (Shukre Commission) report.
• It identified the Maratha community as a Socially and Educationally Backward Class (SEBC).
• The bill provides for 10% reservation to the Maratha community in recruitment for government jobs, and admissions
to public as well as private educational institutions.
o The Bill specifies that this reservation will be over and above the seats reserved for various communities under
existing Acts in the state.
• Reservation would be available only to the persons belonging to the SEBC who are not falling in the Creamy Layer.
Reasons for the rise in demand for reservation Judicial pronouncements related to reservation
• Indra Sawhney & Others v. Union of India, 1992: 9-judge
• Structural factors: Declining income from agriculture, Bench of the SC,
and inability to find alternative opportunities and o Set a ceiling of 50% on reservations under Article 16(4).
employment in the techno-innovation-driven new job ✓ For exceeding reservation beyond 50%,
market. extraordinary circumstances should exist, for
• Challenges in the job market: Wages in the private which extreme caution is to be exercised.
sector, particularly at the entry-level, are much lower o Court introduced the concept of a ‘creamy layer’ (socio-
economically advanced among backward classes) who
than in the public sector.
must be excluded from the benefits of reservations.
o Further, the latter provides more social security
• M. Nagaraj v. Union of India Case 2006: SC laid down three
and is comparatively stable, thus the demands for conditions that States had to meet, before providing
reservation in public sector jobs. reservations in promotions. The state had to provide,
• Political Factors: Political mobilization based on caste o Quantifiable data on the backwardness of SCs/STs.
too has fuelled demands for reservation. E.g. Patidars o Facts about their inadequate representation in public
in Gujarat, the Kapus in Andhra Pradesh and the Jats employment.
in Haryana. o Justification in favour of maintaining overall
• Relative deprivation: When a community feels other administrative efficiency.
communities in their region, economically and socially • Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors.,2018:
The SC did away with the requirement of collecting
in similar conditions, are getting the benefits of
quantifiable data showing the backwardness of SCs and STs,
reservation, they also claim for the same status.
for grant of quota for promotions in the government jobs.
• Intra-community variations: Despite relative • Janhit Abhiyan v Union of India, 2022: SC upheld 103rd
dominance, there are significant intra-community Constitution Amendment Act which provided for EWS
variations in terms of income and educational reservation, based on economic criteria.
outcomes among some communities.
o For instance, the economic division among the Maratha farmers of Marathwada and western Maharashtra. This
led to demands for Maratha reservations.
Impact of Caste-based reservation
• Social Justice: Correct the historical injustice faced by the persons belonging to specific castes, and to provide them
a level playing field to compete.
• Representation: Caste-based reservation is aimed to ensure adequate representation of marginalized communities
in various sectors, including government jobs.
• Substantive equality: Equality in the Constitution is not merely formal equality but embodies substantive equality,
which means striking at vast socio-economic inequalities often based on caste.
Issues with caste-based reservation
• Social backwardness not necessarily caste based: Backwardness may include other factors too, like, residence,
occupation, economic status or some other dominant feature.
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• The preferred treatment of those already benefited: Solely applying caste criteria as the basis of reservation leads
to recurring benefits to those who may already have improved their position.
• Antithetical to casteless society: Caste-based reservation policy leads to perpetuation of the caste system.
• Multiplication of demand for reservation: Post reservation, there is a tendency even among dominant casts to seek
the “backward” tag, in the hope of enjoying the benefits of reservations.
• Ignores intra-caste inequalities: Significant intra-community variations in terms of income and educational outcomes,
get ignored in a solely caste-based reservation.
Way Forward
• Comprehensive socio-economic survey: To evaluate the implementation of reservation, and its outcomes, and to
find out which group deserves reservation based on constitutional provisions.
• Promote balanced economic growth: Caste-based reservation demand, particularly among dominant castes is often
the manifestation of agrarian distress, lack of quality jobs, relative deprivation etc.
o Thus, there is a need to address the underlying issues through rural development, job creation, balanced regional
development etc.
• Creamy layer criterion: There is a need to uphold this criterion to ensure that those genuinely deserving, enjoy the
benefits of reservation.

1.7. EPIDEMIC DISEASES ACT (EDA), 1897

Why in the News? International Health Regulations (IHR)
• It was adopted by the World Health Assembly in 1969
Recently, the 22nd Law Commission of India (LCI) submitted a
and revised in 2005.
report titled “A Comprehensive Review of the Epidemic • It is an overarching legal framework for public health
Diseases Act, 1897" to the Government of India. events and emergencies that have the potential to
About the report cross borders.
• It is legally-binding on 196 countries, including the 194
• The report acknowledges limitations in the legal WHO Member States.
framework relating to health were prominently visible • Create rights and obligations for countries, including
during the management of COVID-19 pandemic when the requirement to report public health events.
Disaster Management Act, 2005 was invoked to impose • Outline the criteria to determine whether or not a
lockdown. particular event constitutes a “public health
o In 2020, Parliament amended the Epidemic Diseases emergency of international concern”.
Act (EDA), 1897. However, even the amendments could not address gaps in the Act.
• The LCI suo motu undertook examination of EDA, 1897 and International Health Regulation (IHR), 2005.
o It recommended to either amend the existing law or bring a new comprehensive legislation to address existing
gaps.
Key issues in the EDA, 1897 as highlighted by the LCI
• Outdated colonial-era law: The vast power given to the government has the potential of abuse. Also, Over the years,
new variants of communicable diseases have emerged posing fresh challenges to the healthcare system.
• Lack of definition: Does not define an 'epidemic' or an 'infectious' disease, and does not differentiate between an
'outbreak', 'epidemic' and 'pandemic'.
• Management of Epidemic: The Act lacks specific guidelines for effective disease surveillance, quarantine process,
ensuring availability of drugs and vaccines, and disposal of Infectious waste and Corpses.
• Governance issues:
o Lack of decentralisation: The Act does not provide statutory power to local governments to regulate epidemic
diseases.
o Lack of demarcation of power: ‘Prevention of infection or Contagious diseases’ is in the Concurrent list both
Centre and States have the power to frame appropriate law on these subjects.
✓ The EDA, does not specify authority will take precedence in case of disagreements between the States and
the Centre.
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 o Uncoordinated response: Lack
of enforcement mechanism as
per the nature and gravity of
the epidemic diseases hinders
the prevention and controlling
and leads to uncoordinated
response.
o Inadequate punishment for
violation
Key highlights of the
Comprehensive law proposed by
the LCI
• Define terminologies:
o Stages of the diseases (refer to
the infographics) should be
defined.
o Difference between
'quarantine' and 'isolation'
should be clarified.
✓ The Epidemic diseases Bill
2023 appropriately defines
both the term.
o Incorporate the terms ‘physical distancing’ instead of ‘social
distancing’ to contain the spread by restricting people’s
movement.
• Decentralisation and demarcation of power:
o Prevention and management: This power should lie with State
government since ‘public health and ‘sanitation’ is a State
subject under the 7th Schedule of the Constitution.
o Outbreak happens in State: State may empower the district or
local authority to take measures to effectively prevent, control
and manage the epidemic.
o Interstate-spread of epidemic/pandemic: Central government
should direct the state government/district authorities to
implement measure for managing the diseases.
o Extreme threat from infectious diseases: Central government
should itself take measures and or should empower some other
Central Agency for managing the diseases.
• Frame an epidemic plan: The Central government should prepare
the epidemic plan in collaboration with other stakeholders) which
should be revised periodically.
o State government should be empowered to make respective
state regulations.
• Guidelines for Quarantine and isolation: The proposed guidelines
should be in consonance with the
o Indian Port Health Rules, 1955 (deals with the isolation of
infected ships) and
o Aircraft (Public Health) Rules 1954 (deals with the isolation of
infected persons in an aircraft).

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• Other recommendations
o Enhanced penalty for violation and give statutory recognition under the EDA.
o Separate guidelines for Safe disposal of infectious waste which aligns with Bio-Medical Waste Management
Rules, 2016.
o Devise regulation for controlling, and regulating the availabilities of essential medicines to combat their
shortages during peak demand.
o Identify nodal authorities responsible for developing vaccines and other necessary drugs.
Conclusion
In this highly globalized and interconnected world, future outbreaks of epidemics are a real possibility. Further, given that
the right to health is a fundamental right implicit in Article 21 of the Constitution and the State is duty-bound to ensure
the same to the citizens, it becomes imperative to revisit and strengthen the law in order to effectively tackle any such
future health emergency.

1.8. NEWS IN SHORTS

1.8.1. FUNCTIONING OF THE 17TH LOK
SABHA
• PRS Legislative Research released Vital Stats on • Report released by Department of Administrative
Functioning of the 17th Lok Sabha. Reforms and Public Grievances (DARPG) highlights
• The 17th Lok Sabha (LS) held its sessions between June initiatives taken towards enhancing e-Service delivery.
2019 and February 2024. During this period, o e-Service Delivery involves delivery of public/
o It held 274 sittings and passed 179 Bills. other services such as receipt of forms and
o Question Hour functioned for 60% of scheduled applications, issue/ grant of license, receipt or
time in LS and 52% in Rajya Sabha. payment of money, etc., through electronic mode.
✓ Question hour was cancelled in monsoon • Key Highlights of the report
session of 2020, due to pandemic. o Jammu and Kashmir provides maximum (1117)
• Other Key Highlights of the report: number of e-Services, across States/UTs.
o Fewest sittings amongst all full-term Lok Sabhas o 76% Mandatory e-services are available, an
with 206 instances of suspension of Members of increase from 48% under NeSDA 2019.
Parliament. o Jammu and Kashmir, Kerala, Assam and Odisha
✓ Average annual sitting days down to 55 from provide 100% of their services through their
135 in the first LS. identified Single Unified Service Delivery Portal.
o For the first time, LS did not elect Deputy Speaker o Tourism sector achieved highest saturation for
for entire duration. provision of all mandatory e-services in 23 out of
✓ Article 93 of Constitution requires that LS elect 36 States/UTs.
a Speaker and a Deputy Speaker ‘as soon as • Significance of e-Service Delivery
may be’. o For Citizens: Empowerment and participation,
o Only 16% bills referred to committees for detailed improved access to services by removal of
scrutiny with passage of majority of bills without intermediaries, etc.
recorded voting. o For Governments: Informed data-driven decision
✓ 35% of bills passed with less than an hour of making, resource optimization and cost efficiency
discussion. by reducing inclusion and exclusion errors, etc.
o Time spent on budget discussions has reduced • Challenges: Digital divide, lack of standardization and
with about 80% of the budget voted without interoperability, issue of change management due to
discussion. bureaucratic inertia, concerns related to cyber-
security, etc.
1.8.2. ANNUAL NESDA REPORT
• Annual National e-Governance Service Delivery
Assessment (NeSDA) Way Forward Report, 2023.

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 o Sections 425 to 440 of the Indian Penal Code (IPC)
deal with it.
Several sections of Bhartiya Nyaya Sanhita (BNS) (which
will replace IPC) deal with it.
Related Supreme Court Judgement
• Bharat Kumar vs State of Kerala (1997): Public authorities
to initiate action for recovery of the damages caused to
the State property.
• Destruction of Public and Private Properties vs. State of
Andhra Pradesh (2009) SC suo motto appointed two
committees.
o Also, provided guidelines on the basis of the
recommendation.

1.8.4. PORTALS FOR A ‘MODERNIZED

MEDIA LANDSCAPE’
• The Ministry of Information and Broadcasting launched
4 new media-related portals to streamline media-
related services under its umbrella.

1.8.3. PREVENTION OF DAMAGE TO

PUBLIC PROPERTY
• 22nd Law Commission (LC) submits 284th Report titled
Prevention of Damage to Public Property
• Commission took suo motu cognizance to prepare the
report on account of rising incidents of vandalism and
consequent loss to the state exchequer.
• Also, it highlighted the issue of wilful obstruction of
public place or way.
o It said that only some States have provisions for
dealing with obstructions on public pathways.
• Key Recommendations:
o Amendment in the PDPP Act, 1984, it should
include
✓ One of the conditions for bail should be the
deposit of an amount equivalent to the
estimate value of the property damaged.
o Enact comprehensive law dealing with wilful
obstruction.
✓ Also, related provision can be included in BNS.
• Constitutional and Legal Provisions for Protection
o Fundamental Right under Article 19 implicitly
contains the Right to protest.
✓ However, demonstration which creates
1.8.5. CORRUPTION PERCEPTIONS INDEX
nuisance and disturbances are not covered (CPI), 2023
under it. • India ranked 93 out of 180 countries on Corruption
o Fundamental Duties, Article 51 A (duty of every Perceptions Index 2023.
citizen to safeguard public property and to abjure o India was ranked 85 in 2022.
violence). • About CPI
o Prevention of Damage to Public Property (PDPP), o Released by: Transparency International
Act 1984 contains provisions dealing with
mischiefs resulting in damage of public property.

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 o Ranks countries and territories by their perceived Islands are defined as "jenmam land" under the 1965
levels of public sector corruption, on a scale of 0 regulation.
(highly corrupt) to 100 (very clean).
o In 2023, Denmark ranked first, followed by 1.8.7. AADHAAR CARD
Finland, New Zealand, and Norway. • Employees' Provident Fund Organisation (EPFO) has
1.8.6. PANDARAM LANDS removed Aadhaar from list of acceptable documents
for proof of Date of Birth (DoB).
• Lakshadweep administration continues to number o Aadhaar is considered a proof of identity but not
trees on Pandaram lands. of citizenship or DoB.
• Laccadive Minicoy and Amini Islands Land Revenue and • About Aadhaar:
Tenancy Regulation, 1965 defines Pandaram lands as o 12-digit random number issued by Unique
o land in which Government has, a proprietary right Identification Authority of India (UIDAI).
immediately before the commencement of this ✓ UIDAI is a statutory authority established
Regulation and under the Aadhaar Act, 2016.
o includes any land in which government may o It contains Demographic (Name, Gender, DoB,
acquire such rights under this Regulation or under Address) & Biometric (Fingerprints, Iris scans and
any other law. Facial Photograph) data.
• Land other than pandaram land over which a person o Eligibility: Any resident of India of any age and
has proprietary rights under the customary law of the gender.

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1. POLITY AND GOVERNANCE
1.1. UNIFORM CIVIL CODE (UCC)
Why in the news?
The Uttarakhand State Legislative Assembly passed the Uniform Civil
Code, Uttarakhand, 2024 Bill.
More about the news
• With this, Uttarakhand became the first State in the country to
pass a law on Uniform Civil Code.
o Also, Assam and Gujarat are the other states working on the
implementation of UCC.
o Goa is the only place in India where a form of common civil
code is in practice, the Portuguese Civil Code of 1867.
• Key highlights of Uttarakhand UCC
o Applicability: Applies to all residents of Uttarakhand except
the tribal community those protected under Part XXI of the
Constitution.
o Marriage and Live-in Relationships: Mandates registration of
all live-in relationships within one month and marriages
within 60 days, applicable to all residents.
✓ Excludes the LGBTQIA+ community.
✓ Grants legal recognition to children from voidable
marriages and live-in relationships.
✓ Criminalization of Some Marriage Practices: Bans
practices like nikah-halala and triple talaq.
✓ Prohibition of Bigamy or Polygamy:
• Inheritance: Ensures equal property rights for sons and
daughters, departing from the coparcenary system and
providing equal rights in intestate succession.
About UCC
• A UCC provides for the formulation of one law for the entire
country, which would apply to all religious communities in their
personal matters such as marriage, divorce, inheritance, adoption, and succession.
• Currently, Indian personal law is complex, with each religion adhering to its specific laws.
• Personal Laws in India:
o Hindu Succession Act 1956 governs Hindus, Sikhs, Jains and Important Judgements and committees
Buddhists Recommending UCC
o Muslim Personal Law governs Muslims • Shah Bano Case (1985): SC Highlighted
o Indian Succession Act 1925 applies to Christians, Parsis, and Jews need for UCC, especially in maintenance
matters.
o The Special Marriage Act provides for the solemnization of
• Sarla Mudgal Case (1995): SC Urged UCC
interfaith marriage as well as registration by a Marriage Officer.
for gender equality among religions.
Arguments for UCC • Paulo Coutinho vs Maria Luiza Valentina
Pereira (2019): SC Highlights need for
• Constitutional Mandate (Article 44): UCC is enshrined in the uniform laws for consistency.
Constitution's Directive Principles, aiming to create a uniform legal • Law Commission (2018): No UCC needed
framework for civil matters. now, amend existing laws.
• Promotes Secularism: UCC ensures that civil laws are not influenced • Law Commission of India (2022): It seeks
by religious beliefs, thus upholding the principle of secularism. public and religious input on UCC.
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• Fosters National Unity: By transcending religious and community divisions, UCC promotes common citizenship and
strengthens national unity.
• Ensures Gender Justice: UCC eliminates discriminatory practices in personal laws, promoting gender equality and
women's rights.
• Simplifies Legal Procedures: associated with marriage, divorce, and inheritance.
• Codify Personal Laws: Codifying laws can establish universal principles for fairness and streamline legal processes,
promoting access to justice and resolving disputes effectively.
Arguments against UCC
• Threatens Diversity and Religious Freedom: Imposing a uniform code may undermine cultural and religious identities
and infringe upon the right to religious freedom guaranteed under Article 25.
• Lacks Consensus among Communities: Implementation without consensus from diverse communities may lead to
social unrest and resistance.
• Raises Concerns about Federal Structure: Some argue that UCC could encroach upon states' legislative powers,
disrupting the principles of cooperative federalism under Schedule 7 entry 5.
Way forward
• Seek Consensus: The government should engage in constructive dialogues with all stakeholders, including religious
leaders and community representatives, to garner support and address concerns.
• Ensure Political Will: Implement UCC in a non-partisan and inclusive manner, avoiding its use as a tool for political
gains.
• Raise Awareness: Conduct awareness campaigns to educate the public about the rationale behind UCC and its
benefits, involving government, civil society, and media.
• Adopt a gradual process: Review existing personal laws to align UCC with principles of justice, equality, and non-
discrimination, ensuring fairness for all.

1.2. CITIZENSHIP (AMENDMENT) RULES, 2024

Why in the news?
Ministry of Home Affairs has amended Citizenship Rules, 2009 and
notified Citizenship (Amendment) Rules, 2024 to enforce the Citizenship
Amendment Act (CAA), 2019.
Background
• By exercising power under Article 11, the Parliament passed CAA-2019
and received the President's assent in December 2019. However, the
MHA had not frame the rules, so the Act could not be implemented.
• The CAA aims to give citizenship to the target group of migrants even if
they do not have valid travel documents as mandated in The Citizenship
Act, of 1955.
Citizenship Amendment Act (CAA), 2019
• The amendment provides that illegal migrants who fulfil four conditions
will not be treated as illegal migrants under the Act. The conditions are:
o they are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians
o they are from Afghanistan, Bangladesh or Pakistan they entered
India on or before December 31, 2014
o they are not in certain tribal areas of Assam, Meghalaya, Mizoram,
or Tripura included in the Sixth Schedule to the Constitution, or areas
under the “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and
Nagaland.
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• The Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry
into India) Act, 1920 and the Foreigners Act, 1946 and rules or orders made thereunder.
• The period of naturalisation has been reduced from 11 years to 5 years for the above category of migrants.
• Five grounds for cancelling OCI registration: The Act provides that the central government may cancel the
registration of OCIs.
Key highlights of Citizenship (Amendment) Rules, 2024
Eligibility • To apply for citizenship by registration/naturalization one must be:
o Person of Indian origin
o Married to an Indian citizen
o A minor child of an Indian citizen
o A person whose parents are registered as an Indian citizen
o Person or either of his parents was a citizen of Independent India
o registered as an Overseas Citizen of India Cardholder
Other • Applicant will have to present an affidavit verifying correctness of the statements made in the
Qualifications for application and an affidavit by an Indian citizen to testify the character of the applicant.
citizenship by • Applicant must have adequate knowledge of one of the languages listed in 8th Schedule of Indian
naturalization Constitution.
Proof of nationality • Rules relaxed the requirement of documents to prove the country of origin. Applicants now can provide
20 different documents as proof of entry into India, including visas, residential permits, census slips,
driving licenses, Aadhaar cards etc.
Renouncing • Applicant shall have a declaration saying the citizenship of his country shall stand renounced
citizenship of irrevocably if the application for Indian citizenship is approved.
another country
Authority to which • Under Section 6B of the Citizenship Act, 1955, an application shall be submitted in electronic form to
application may be the Empowered Committee (EC) through the District Level Committee as may be notified by the
made Central Government.
Need of CAA 2019 and Rules
• Human Rights Perspective: The Act upholds the principles of human rights by providing relief to persecuted
individuals and safeguarding their rights to life and liberty.
• Strengthening National Security: The Act is aimed at differentiating between illegal immigrants and persecuted
minorities.
• Relief for Partition Victims: The Constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state
religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have
faced persecution on grounds of religion in those countries.
Concern Raised
• Classification of countries: Migrants from other neighbouring countries such as Sri Lanka (Buddhism is the state
religion) and Myanmar (primacy to Buddhism) are not included.
• Basis of migration: There is no test stipulated under the CAA Rules, 2024 to prove or scrutinize if the applicant was
compelled to enter India because they faced persecution or fear of persecution.
• Potential of violation of right to equality: The exclusion of Muslims, Jews and Atheists from CAA is said to be a
violation of Article 14 and the principle of secularism of the constitution.
• Classification based on date of entry: CAA also offers differential treatment to migrants based on their date of entry
into India, i.e., whether they entered India before or after December 31, 2014.
• Implication on external relations: The amendment may imply that religious persecution of the non-minority in
neighbouring countries is one of the reasons for the amendment, potentially leading to tensions with neighbouring
countries.
Conclusion
While the Constitutional Amendment Act aims to address the concerns of persecuted minorities, it is imperative to
address the raised concerns to ensure a comprehensive and inclusive approach.
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1.3. ONE NATION ONE ELECTION
Why in the news?
The High-Level Committee (HLC) appointed by the Central Government has submitted a report to the President on "one
nation, one election.
More on the news Expert bodies advocated for simultaneous elections
• The committee, headed by former President Shri Ram Nath • Law Commission of India (170th Report of 1999,
Kovind, was established in September 2023 to examine the 255th Report of 2015, Draft Report 2018)
concept of 'one nation, one election' (ONOE). • National Commission to Review the Working of
the Constitution, 2002,
• The committee advocated simultaneous elections for Lok
• Parliamentary Standing Committee Report in
Sabha, State Legislative Assemblies, and local bodies. 2015,
About Simultaneous Election • Working Paper of NITI AAYOG in 2017.
• It is an idea aimed to synchronize the Lok Sabha, State Assemblies elections, Municipalities and Panchayats such
that voters in a particular constituency vote on the same day.
o Simultaneous elections do not mean that voting across the country for all elections needs to happen on a single
day.
Need for Simultaneous Elections:
• Economic benefits
o It would reduce the financial burden on the government exchequer by avoiding duplication of expenditure on
intermittent elections.
o Conducting elections to all three tiers of the Government together would avoid disruption of supply chains and
production cycles due to migrant workers seeking leave of absence to cast their vote.
o Simultaneous Elections prevent policy paralysis due to frequent Model code of conduct.
• Focus on governance: Synchronising electoral calendars would ensure the availability of more time for governance
and unhindered delivery of public services to citizens.
• Voter Participation: Staggered elections induce ‘voters’ fatigue’ and present a significant challenge in ensuring their
participation.
• Reducing the burden on courts: Simultaneous elections would reduce the number of election-related offences and
disputes and lessen the burden on courts.
• Reducing identity politics: Frequent elections use identity politics, like caste and class stirring division and disrupting
societal cohesion.
Issues with simultaneous election and recommendation given by the Committee
Issues Committee observations/recommendations
Legal challenges to • Two steps to manage this challenge:
amend the Constitution o Firstly, hold simultaneous elections for the Lok Sabha and State Legislative Assemblies.
to synchronise of ✓ To attain this step, Constitutional Amendment Bill will be introduced amending Article 83
election (Duration of Houses of Parliament), and Article 172 (Duration of State Legislatures), and
insertion of Article 82A will be made.
✓ For this Amendment, ratification by the States is not required.
o Secondly, within the hundred days of the Lok Sabha and State Legislative Assemblies
elections, synchronize the elections for Municipalities and Panchayats. For this purpose,
another Constitutional Amendment Bill will be introduced in which
✓ insertion of Article 324A (to synchronise elections of Municipalities and Panchayats)
✓ and amendment to Article 325 (to enable Single Electoral Roll and Single Elector’s Photo
Identity Card) of the Constitution will be made.
Issue of hung • In the event of a hung House or no-confidence motion, the Committee proposes fresh elections for
Parliament/Assembly the House of the People, serving only the unexpired term of the preceding full term. Similarly, for
and premature State Legislative Assemblies, new elections shall last until the House of the People's full term ends.
dissolution. • A Constitution Amendment Bill will have to be introduced in the Parliament amending Article 83
and Article 172.
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 Altering state elections • Report counters the concern by mentioning Articles 327, empowers Parliament to make provisions
would violate the with respect to Parliament and state elections.
rights of the states. • Committee recommends need to amend the Representation of the People Act, 1951.
o Sections 14 and 15 deal with notification for general election and Part IX, comprising Sections
147 to 151A, deals with bye-elections to the House of the People and the State Legislative
Assemblies.
Synchronisation of • The committee proposed that the President of India issue a notification on the date of the first
elections to the House sitting of the House of the People after a General election, designating it as the Appointed date for
of the People and State the synchronization of elections.
Legislative Assemblies • An Implementation Group should be constituted to oversee the execution of the
recommendations.
Related to logistics and • Election Commission of India draw up a plan for making logistical arrangements.
manpower, including • The commission can estimate in advance for the procurement of equipment, such as EVMs and
EVMs, VVPATs VVPATs, deployment of polling personnel and security forces, and make other necessary
arrangements.
Conclusion
The formation of the 'High-Level Committee' reflects a serious consideration of synchronizing elections in India.
Addressing the challenges through transparent and inclusive dialogue with stakeholders, including legal experts, state
governments, and representatives of minority communities, is crucial to ensure a comprehensive and inclusive approach
to 'One Nation, One Election'.

1.4. MUNICIPAL ELECTIONS

Why in the News? Urban Local Bodies
• A Municipal Corporation has three authorities: the Council, the Standing
The Supreme Court invalidated and annulled
Committee, and the Commissioner.
the outcome of the mayoral elections held for o The Council, comprising councilors, is the deliberative and
the Chandigarh Municipal Corporation. legislative wing of the Corporation that is headed by a mayor. He is
About Municipal Elections assisted by a Deputy Mayor.
✓ Though the Mayor is an ornamental figure, he is recognised as
• Municipal elections refer to the elections the first citizen of the city.
held to elect representatives for local o The standing Committees were created to facilitate the working of
urban governing bodies. the Council which is too large in size.
• Elections for the Municipal Corporations o The Municipal Commissioner is responsible for the implementation
of the decisions taken by the Council and its Standing Committees.
are held as per the Municipal
• Indian cities largely follow the ‘commissioner as chief executive’ (CACE)
Corporation Act framed by the legislature
model as opposed to the directly elected executive mayor’ (DEEM)
of the respective state government, model:
whereas elections for the Municipalities o DEEM Model: It’s a strong mayor model where a mayor has
and the Town Panchayats are held as per extensive executive power.
respective Municipal Act. o CACE model: It’s a weak mayor model where the executive power
lies in the hands of the commissioner (An Indian Administrative
Constitutional Provisions related to
Service officer).
municipalities.
• Every State in the country has enacted legislation for the constitution of
• Composition of Municipalities (Art the Municipalities in the State specifying their functions, structure,
243R): All the seats in a Municipality shall resource and their role in civic administration.
be filled by persons chosen by direct election from the territorial constituencies in the Municipal area.
o For this purpose, each Municipal area shall be divided into territorial constituencies to be known as wards.
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• Reservation of seats (Art 243T): Seats are
reserved for weaker sections, Scheduled
Caste/Tribes, Women, and other groups as per
respective municipal Acts.
• Duration of Municipalities (Art 243U): 5 years
from the date appointed for its first meeting.
o Elections to constitute a municipality are
required to be completed before the
expiration of the duration of the
municipality.
o If the municipality is dissolved before the
expiry of 5 years, the elections for
constituting a new municipality are
required to be completed within a period
of 6 months from the date of its
dissolution. Need for fair and timely Municipal Elections:
• State Election Commission (Art 243ZA): The • The ‘First-mile’ Connect: Municipalities are critical since
superintendence, direction and control of the councilors serve as ‘first mile’ elected citizens’ representatives.
o India has 87,000+ councilors (an elected representative of a
preparation of electoral rolls for, and the
ward) across its 4,700+ cities, representing an average of
conduct of, all elections to the Municipalities over 4,300 citizens in each ward.
shall be vested in the SEC. • Tackle grassroots level issues: Timely elections would ensure
Challenges in Municipal Elections local action which is required to tackle the 21st-century human
development priorities which includes environmental
• Untimely elections: Despite the SC-specific sustainability, primary healthcare, gender equality and jobs and
direction in Suresh Mahajan v. State of Madhya livelihoods.
Pradesh (2022) State governments do not hold • Efficient utilization of funds: for e.g., Elected councilors play an
timely elections for urban local governments. important role in the utilization of the fund allocated by the
o Over 1,500 municipalities did not have Fifteenth.
elected councils in place from 2015 to 2021 • Commission (allocated Rs. 26,000 crores) for municipalities
across States. towards primary healthcare.
• Delay in Council Formation: Even after elections, councils are not constituted, and elections of mayors, deputy
mayors and standing committees are delayed.
o In Karnataka, there was a delay of 12-24 months in the formation of elected councils after the declaration of
election results in most of the 11 city corporations.
• Delimitation and reservation: Most of the time state delayed the delimitation process, which in turn delayed council
elections.
o Power of delimitation of wards, reservation of seats for the council and rotation policy of seats for the posts of
Mayor/President, Deputy-Mayor/Vice-Presidents and wards were vested with the State Government in most of
the state.
✓ Three States, Kerala, Maharashtra, and West Bengal have empowered the SEC to delimit wards.
• Inconsistent Mayoral terms: In India, 17% of cities including five of the eight largest ones have mayoral terms less
than five years.
o The terms of mayors, deputy mayors and standing committees being less than five years leads to frequent
elections.
o Mayors, whether directly or indirectly elected are affected by the domineering presence of the states.
• SECs lack power: As they depend on state governments to complete the delimitation of ward boundaries and to notify
reservations for women as well as marginalized communities.
• Voter Apathy: Voter turnout for municipal elections has been consistently lower than parliamentary and state
assembly elections.
o For Example, the 2020 Delhi assembly saw a 62.59% turnout, 11.85% more than local council elections.

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Way forward
• Empowering SECs: Strengthening SECs and giving them a more significant role in the entire election process can help
ensure timely, free, and fair municipal elections.
o SECs can be involved in the elections of mayors, deputy mayors and standing committees.
• The power of delimitation: Must be vested in the SECs or an independent Delimitation Commission in each State for
conducting the delimitation and reservation process.
• Single electoral roll: A single electoral roll for all three tiers of Government as suggested by the High-level Committee
on Simultaneous Elections will reduce redundancy and duplication across multiple agencies.

1.5. S.R. BOMMAI JUDGEMENT (1994)

Why in the news?
S.R. Bommai's judgement (1994) of the Supreme Court (SC)
completes 30 years.
About S. R. Bommai (SRB) v. Union of India (UOI),1994 Judgment
• In 1989, the Central government dismissed SRB’s government
in Karnataka under Article 356 of the Constitution and
President’s Rule was imposed.
• A nine-judge bench of the SC interpreted Article 356 of the Constitution to define the contours of the proclamation
of President’s rule.
About Article 356
• State Emergency is also known as President's Rule or Constitutional Emergency. The Constitution does not use the word
'emergency' for this situation.
• Article 356 finds inspiration in Section 93 of the Government of India Act 1935.
• Ground to declare: Based on the report from the Governor of a State or otherwise, if the President is satisfied that a situation
has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution.
• Validity: The President’s Rule is valid for two months unless Parliament extends it for up to six months.
o Extensions beyond a year are only permitted in a national security emergency or if the Election Commission certifies that
holding assembly elections is difficult.
o Even then, the limit for the President’s Rule is three years.
Key Questions in SRB’s Case
• One, whether proclamations of the President’s Rule were justiciable (liable to judicial review court).
• Two, the scope and limits of the President’s powers under Article 356.
o The Constitution is silent on what constitutes a failure of constitutional machinery making the provision
vulnerable to misuse.
• Three, what are the consequences if the Court hold the proclamation of the President’s Rule invalid even after
Parliament has given its approval.
Bommai judgement and Key Principles laid down:
• Judicial Review: SC declared, presidential proclamation under Article 356 is subject to judicial review on substantial
grounds.
o No restriction on the court from examining the material based on which the President formed his satisfaction.
o SC or HC can strike down the Proclamation if it is mala fide or based on wholly irrelevant or extraneous grounds.
• Limits of the President’s powers: The verdict concluded that the power of the President to dismiss a state government
is not absolute. The president should exercise the power only after his proclamation is approved by both Houses of
Parliament.
o Till then the President can only suspend the Legislative Assembly by suspending the provisions of the Constitution
relating to the Legislative Assembly.
• Consequences of invalidation of President’s Rule:
o Both the Council of Ministers and the Legislative Assembly should stand restored.
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 o The validity of the acts done, orders passed and laws, made during the period of operation of the proclamation
would remain un-effected.
• Other key observations:
o Laid down the supremacy of the floor test in determining the support enjoyed by the party in power.
o The use of Article 356 was justified only when there was a breakdown of constitutional machinery and not that
of administrative machinery.
o Based on the Sarkaria Commission report (1988), the SC in this case has enlisted where the use of the exercise
of power under Article 356 could be proper or improper.
✓ Proper use example: constitutional direction of the Central government is disregarded by the state govt (Art
365).
✓ Improper use example: State govt is not given prior warning to rectify itself except in case of extreme urgency
leading to disastrous consequence.
o Secularism, democracy and federalism are the essential features of our Constitution and are part of its basic
structure.
✓ An attempt was made to define secularism: it is more than a passive attitude of religious tolerance. It is a
positive concept of equal treatment of all religions.
Impact of S.R. Bommai Judgment
• Restrictive use of Article 356: Between January 1950 and March 1994, the President’s Rule was imposed 100 times
or an average of 2.5 times a year. Between 1995 and 2021, it has been imposed only 29 times or a little more than
once a year.
• Strengthen Federalism: The judgment made Article 356 proclamations justiciable without undermining the
President’s discretionary powers, thus strengthening India’s federalism without diminishing its separation of
powers.
Conclusion
Post-1994, the Bommai case was cited several times, making it one of the most quoted verdicts in the country's political
history. As India continues to navigate the complex dynamics of centre-state relations and the role of secularism in
governance, the principles established in the S.R. Bommai case remain vital in upholding the constitutional ideals of
federalism and pluralism.

1.6. SIXTH SCHEDULE

Why in the news? Protection under Article 371
The people of Ladakh are protesting for Ladakh to be recognized as a • Articles 371 to Article 371-J of the
tribal area under the Sixth Schedule. constitution, provide “special provisions” for
specific states.
More in News • It allows certain religious and social groups
• Ministry of Home Affairs argued that granting sixth schedule status to exercise autonomy over their affairs
to Ladakh necessitates a constitutional amendment, a complex without interference from the state and
process. central governments.
• During a meeting with Ladakh representatives, the union home minister proposed extending Article 371-like
protections to the region.
About Sixth Schedule
• The Sixth Schedule of the Constitution, under Article 244(2) and Article 275(1) of the Constitution, is provided for the
administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Provisions of the Sixth schedule
• It empowers the Governor to create Autonomous District Councils (ADCs) and Autonomous Regional Councils
(ARCs) in these four states.
o Composition of ADCs: ADCs consist of not more than thirty members, out of which four are nominated by the
Governor while the rest are elected. (Bodoland Territorial Council is an exception; it can have up to forty-six
members)
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 o ARCs: If there are different Scheduled Tribes in an autonomous district, the Governor may divide the area or
areas inhabited by them into autonomous regions.
• The sixth Schedule conferred the following Executive, Legislative and Judicial powers to ADCs and ARCs.
Power Subject
Legislative To make rules
Power • in respect of lands, management of forest (other than the Reserved Forest), shifting cultivation, Chiefs or
Headmen appointment.
• In respect to inheritance of property, marriage and divorce and social practice.
• Regulations and control of moneylending or trading by any person other than Scheduled Tribe residents in that
Scheduled District.
Executive • Power to establish or manage primary schools, dispensaries, markets, cattle ponds, fisheries, roads, road
Power transport and waterways in the districts.
• The Councils are also authorized to prescribe the language and manner of instruction in the primary schools.
Judicial • Empowered to constitute Village and District Council Courts.
Powers • No other courts except the High Courts and the Supreme Court has the jurisdiction over such suits or cases of
the Council Courts
• However, these Council Courts are not given the power to decide cases involving offences punishable by death
or imprisonment for five or more years.
Financial • Empowered to prepare a budget for their respective Council.
Powers • Empowered to assess and collect land revenue and impose taxes on professions, trades etc.
• given the power to grant licenses or leases for extraction of minerals within their jurisdiction.

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Benefits Ladakh will get if included in Sixth Schedule
• Address Local Issues: The ADCs could address issues specific to Ladakh, such as environmental protection, tourism
management, and sustainable development practices.
• Land Rights: Ladakh enjoyed analogous autonomy as part of the erstwhile state of Jammu and Kashmir through
Article 35A of the Indian Constitution till it was repealed in 2019.
o Hence, the Sixth Schedule would safeguard the land and forest rights of the tribal communities and protects them
from alienation.
• Safeguards for Tradition: Ladakh's unique cultural heritage and traditional customs would be recognized and legally
protected.
• Resource Management: The ADCs would have greater control over mineral resources within their jurisdiction,
allowing them to manage them more effectively.
• Job Opportunities: There could be increased reservation in government jobs and educational institutions for people
of Ladakh, promoting local employment.
Issues in awarding Sixth Schedule Status to Ladakh
• Financial Viability: Establishing and running Autonomous District Councils (ADCs) requires significant financial
resources.
• Inter-Community Dynamics: Balancing the interests of the Buddhist majority in Leh and the Muslim majority in Kargil
within the framework of the Sixth Schedule could be challenging.
• National Security Considerations: Ladakh's sensitive border location raises concerns that increased autonomy might
complicate coordination with the central government on security matters.
Conclusion
Initiating a dialogue involving Ladakhi representatives, political leaders, and the central government is crucial. The key lies
in finding a solution that respects Ladakh's unique identity and aspirations while considering the broader national
framework. Open communication and a willingness to explore alternatives are essential for achieving a positive outcome.

1.7. TEMPLE REGULATION IN INDIA

Why in the news?
Karnataka Legislative Assembly passed the Karnataka Hindu Religious Institutions and Charitable Endowments
(Amendment) Bill, 2024 to regulate temples in the state.
More on the news
• The new bill amends the Karnataka Hindu Religious Institutions and Charitable Endowments Act, of 1997.
• The Bill mandates that the government will collect 10% and 5% of the income from temples that have annual
revenue of more than ₹1 crore and ₹10 lakh respectively.
o Previously, temples earning between ₹5 lakh and ₹10 lakh annually contributed 5% of their net income to the
Common Pool Fund, while those earning above ₹10 lakh allocated 10%.
• Bill proposed to utilise the money for the welfare of archakas (priests) and the development of temples whose annual
income is less than ₹5 lakh. Temple regulation in the Colonial Period
• Religious Endowments Act of 1863 was
Legal and Institutional Framework to Regulate Temples
enacted to establish local committees to
• Article 25 (1) gives the freedom of religion and 25 (2) talks about oversee the temples.
areas where the State may intervene and make laws or regulate • Madras Hindu Religious Endowments Act
religious institutions. of 1925 provided oversight of the
• Article 26 provides for the freedom to manage the religious affairs of management of temples through a board
of commissioners with enormous powers.
the citizens and is subject to public order, morality and health.
• Entry 28 of List III of Schedule VII empowers both Union and State Legislatures to make law on “Charities and
charitable institutions, charitable and religious endowments and religious institutions”.
• Hindu Religious and Charitable Endowments (HR&CE): Several states across the country have enacted legislative and
regulatory frameworks to regulate these institutions through the powers accorded by the Constitution.
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• Hindu Religious Endowments Commission (1960): The Commission declared that government control over temples
was essential to prevent maladministration.
State control of Temple: Argument for and against
Arguments in favour Arguments in against
• Social Reforms: State regulation has • Violation of Secularism: State interference in religious affairs violates the
challenged the hereditary priesthood, principle of secularism which separates state affairs from the religion.
ensuring more inclusive and non- • Non-uniform regulation: Opponents highlight the disproportionate focus
discriminatory practices in public temples. on the regulation of Hindu temples, while other religious institutions
• Representation of Marginalized Sections: remain largely autonomous.
Government intervention can counter the • Erosion of Operational Autonomy: State interventions have
historical dominance of certain groups in compromised the fundamental character and ethos of temple worship
temple management, promoting adequate and rituals.
representation. o For example, In the Chidambaram Case (2014), the Supreme Court
o Example: Tamil Nadu HR&CE Act permitted the Dikshitars (priest community) to manage the temple,
mandates SC/ST representation in emphasizing the need to preserve traditional autonomy.
temple Board of Trustees. • Erosion of Cultural Capital: Poor conservation efforts have led to the
• Efficient Temple Management: The damage and demolition of historically significant temple structures, as
Charitable Endowment Act ensures proper highlighted by a UNESCO fact-finding mission in 2017 submitted to the
administration and preservation of temple Madras High Court.
assets, ensuring endowments are used for • Loss of Tourist Potential: The diversion of temple funds into other
their intended purposes. activities by the state may leave little for investment in temple
• Community Welfare: State oversight can infrastructure.
ensure that temple funds are used for • Tribals and Indigenous Communities: State control might not be sensitive
community welfare activities, benefiting the to the unique customs and traditions of tribal communities associated
local populace. with their places of worship.
Way Forward
• Separation of religious and administrative domain:
There should be a clear separation of power in
operations relating to the religious domain and the
administrative (secular) domain.
• Inter Temples Network Structure: Temples can be
grouped in three categories based on their size. Then
club temples based on the hub and spoke model in
which larger and administratively strong temples
support smaller temples in the region.
• Good governance principles: State-level Temple
Administration Board (Having state officials) assisted
by the Temple Management Committee (TMC) and
Temple Level Trusts (having priests, locals etc.) can be
constituted to administer different functions.
o Hindu Religious and Charitable Endowment Act, 1991 also provides for a Temples Administration Board.
• Special Purpose Vehicle (SPV): Temple Development and Promotion Corporation (TDPC) can be formed to undertake
all development work of all temples relating to tourism, networking of temples, promoting research and publication,
IT, training, and capacity building, etc.
• Following Best Practices: The concept of Devaswom (property of God) in Kerala is an interesting model to keep check
on corruption.

1.8. THE CINEMATOGRAPH (CERTIFICATION) RULES, 2024

Why in the News?
Under the Cinematograph (Amendment) Act, 2023, the Ministry of Information and Broadcasting, has notified the
Cinematograph (Certification) Rules, 2024, replacing the Cinematograph (Certification) Rules, 1983.
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Film Certification in India
• Film certification is the end product of the process of previewing of film, and it includes-
o a decision either not to allow a particular film or public viewing or
o to allow it with certain deletions and/or modifications or
o at least proper categorization of the films.
• The CBFC or the Central Board of Film Certification was set up in Mumbai with several regional offices to regulate the
public exhibition of films under provisions of the Cinematograph Act, of 1952.
o CBFC is a Statutory body under the Ministry of Information and Broadcasting.
o 9 regional offices: Mumbai, Chennai, Kolkata, Bengaluru, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack
and Guwahati.
• The Board of Film Certification shall also ensure that the film-
o Is judged in its entirety from the point of view of its overall
impact; and
o Is examined in the light of the period depicted in the films and
the contemporary standards of the country and the people to
which the film relates provided that the film does not deprave
the morality of the audience.
• The SC judgement in S. Rangarajan Etc. vs P. Jagjivan Ram, 1989
said that a film motivates thought and action and assures a high
degree of attention and retention as compared to the printed
words.
o Therefore, certification by prior restraint is not only desirable
but also necessary.
Key Aspects in the Cinematograph (Certification) Rules, 2024
• Terms of office: A member of the Board shall hold office during the
pleasure of the Central Government.
• Representation of women: It stipulates that 1/3rd of the members
in the Board shall be women and preferably half shall be women.
• Temporary absence of Chairperson: Central Government may
nominate a member of the Board who will discharge the functions
of the Chairperson until the Chairperson resumes their duties.
• Constitution of advisory panels: The Central Government shall
constitute an advisory panel at each of the regional offices of the
Board.
• Improved efficiency: By reducing timelines for the processing of film certification and adopting complete digital
processes for eliminating all transactional time.
o It will streamline and modernize the film certification process for the digital age.
• Further classification of UA: Sub-division of the existing UA (Unrestricted with Caution) category into three more age-
based categories (See infographic). Other Key Provisions of Cinematograph
o It will ensure young viewers are exposed to age- (Amendment) Act, 2023
appropriate content. It would be voluntary. • It prohibited the unauthorised recording and
• Provision for priority screening: For expediting the screening of unauthorised exhibition of films and made it a
film screening for certification, in case of any urgency felt by punishable offence under the provisions of the
filmmaker(s) due to their prior commitments to release the film. Copyright Act, of 1957.
• Act omitted section 6(1) of the 1952, Act as
o This step is in line with the motto of ‘Ease of Doing
directed by Supreme Court in the Union of India
Business’.
vs KM Shankarappa Case, 2000 which states that
• Change of Category of Film for Television: Recertification of the the Centre cannot exercise revisional powers on
edited film for Television broadcast, as only Unrestricted Public films already certified by the CBFC.
Exhibition category films can be shown on television.
• Perpetual validity of certificates: Removal of the restriction on the validity of the certificate for 10 years.
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Issues with Film Certification in India
• Over-the-top (OTT) platforms: Film certification does not regulate content on over-the-top (OTT) platforms.
• Censorship and Content Restrictions: Excessive censorship could potentially hinder artistic freedom and creative
expression.
• Delays: There are concerns about the CBFC's capacity to handle the volume of films submitted for certification in a
timely and efficient manner.
• Fails to tackle online piracy: It falls short in addressing the complexities of online piracy, leaving loopholes such as
mirroring servers.
o It does not address instances of film piracy that originate in foreign countries.
• Legal Challenges: The certification process has been challenged in court multiple times.
o Recently a petition was filed demanding the revocation of the certificate for the movie ‘Adipurush’ for allegedly
hurting religious sentiments.
Conclusion
While streamlined processes and diverse representation in the revamped Cinematograph (Certification) Rules, 2024 are
positive steps, concerns linger over censorship, content control etc. Striking the right balance between creative freedom
and societal responsibility remains the true test ahead.
Related news
• The Ministry of Information & Broadcasting (MIB) recently introduced guidelines aimed at enhancing accessibility standards
for persons with hearing and visual impairments in the public exhibition of feature films in cinema theatres.
• This initiative aligns with the Rights of Persons with Disabilities Act, 2016 (RPwD Act), which mandates government action to
promote universal access and inclusion in information and communication, including access to films.

1.9. NEWS IN SHORTS

1.9.1. NO PARLIAMENTARY IMMUNITY o Jurisdiction of criminal court: Criminal courts are
not excluded from hearing bribery cases against
FOR TAKING BRIBES: SUPREME COURT
legislators merely because it may also be treated
(SC)
by the House as contempt or a breach of its
• In Sita Soren v. Union of India (2024), a seven-judge privilege.
constitution bench of the SC overruled its 1998 o Scope of parliamentary privileges: Purpose of
judgment in the PV Narasimha Rao case. parliamentary privilege to provide legislators
o In current judgement the SC said that Legislators platform to “speak” and “vote” without fear is
cannot claim immunity from prosecution for taking equally applicable to:
bribes for speech/vote in the house: ✓ elections to the Rajya Sabha and
• Key highlights of Judgement: ✓ elections for the President and Vice
o Bribery is not immune: MPs/MLAs accused of President.
taking bribes cannot claim any immunity from PV Narasimha Rao vs State (CBI/SPE), 1998
prosecution under Articles 105 and 194 of the
• In the case, allegations had arisen that legislators of
Constitution.
Jharkhand Mukti Morcha had accepted bribes to vote
✓ Article 105 (2) confers on MPs immunity from
in favour of the government during a no-confidence
prosecution in respect of anything said or any
motion in 1993.
vote given by them in Parliament or on any
parliamentary committee. • In a 3:2 majority judgment, a five-judge SC Bench held
that legislators enjoy immunity from criminal
✓ Article 194(2) grants similar protection to
prosecution for bribery as per Article 105(2) and Article
MLAs.
o Two-fold test: Assertion of a privilege by an 194(2) of the Constitution.
individual MP/MLA would be governed by a 1.9.2. ‘NITI FOR STATES’ PLATFORM
twofold test:
✓ privilege claimed has to be connected to • Government has launched the ‘NITI for States’
collective functioning of the House, and platform.
✓ its necessity must bear a functional o It is a comprehensive digital initiative designed to
relationship to the discharge of essential empower States/UTs in their pursuit of national
duties of a legislator. development goals.
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• Key Features of Platform: o Help State Police forces organise, integrate and
o It offers a centralised repository of valuable digitalise data generated during investigations,
resources, including best practices, policy such as case documents, extracted data, collected
documents, datasets, and NITI Aayog publications. evidence, and charge-sheets presented to court.
o Multilingual: It will be available in 22 major Indian o Foster stronger cooperation between central and
languages and 7 foreign languages. state agencies including Anti-Terror Squads of
o Capacity Building: Tailored digital training modules State Police.
for officials at various levels (block, district, and o Bring standardisation into investigations,
state). streamline compilation of terror-related data,
o Expert Help: Specialized guidance through improves conviction rates in sensitive and
partnerships with leading institutions to address complex cases across country.
specific challenges. o Assist NIA and State Police forces’ preparedness
to implement new Criminal laws such as Bharatiya
1.9.3. TRIPARTITE AGREEMENT IN Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita
TRIPURA and Bharatiya Sakhsya Sanhita.
• Additionally, MHA launched Sankalan app – A
• Government of India, Government of Tripura, and The
compendium of New Criminal Laws by National Crime
Indigenous Progressive Regional Alliance (TIPRA) &
Records Bureau.
and other stakeholders signed a tripartite agreement.
o It is designed for navigating through new criminal
• Agreement aims to amicably resolve all issues of
laws as a bridge between old and new criminal
indigenous people of Tripura relating to history, land
laws.
and political rights, economic development, identity,
o It will work in offline mode as well and its
culture, and language.
availability has been ensured in far-flung areas.
• It will also constitute a Joint Working Group/
Committee to implement mutually agreed points and
directs all stakeholders to refrain from resorting to
any form of protest/agitation.

1.9.4. DIGITAL CRIMINAL CASE

MANAGEMENT SYSTEM (CCMS)
• Ministry of Home Affairs (MHA) launches unique
Digital CCMS Platform.
• Newly developed Digital CCMS was designed by
National Investigation Agency (NIA).
o It is a user-friendly and easy-to-deploy,
customizable, browser-based software to help
State Police forces in their investigations and
prosecution.
• Significance of Digital CCMS:
o Enable NIA personnel to better coordinate in
terrorism and organized crime cases, thereby
improving justice delivery.

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1. POLITY AND GOVERNANCE
1.1. FISCAL FEDERALISM
Why in the news?
Recently, some states have moved the Supreme Court against the Centre for disputes over sharing of financial resources
by the Central Government.
More on News
• Tamil Nadu, Kerala and Karnataka government moved the Supreme Court against the Centre for delay in release of
disaster relief fund, imposition of net borrowing ceiling limit, and drought relief respectively.
Fiscal Federalism
• Fiscal federalism refers to how federal, state, and local governments share funding and administrative
responsibilities within India’s federal system.
• Fiscal federalism is often associated with three broad principles:
o Fiscal Equivalency: It requires a separate jurisdiction for each public service which should include the set of
individuals that consume it.
o Decentralization theorem: Each public service should be provided by the jurisdiction having control over the
minimum geographic area that would internalise the benefits and costs of such provision.
o Principle of Subsidiarity: Functions should be performed at the low level of government, implying hierarchy.
Constitutional Provisions defining India’s Fiscal Federalism Arrangement
• Seventh Schedule: Constitution delineates tax bases between the Union and States listing them in the Union List and
the State List respectively (Article 246).
• Distribution of Revenue: A classification of tax revenues between the union and the states is as follows:
o Taxes levied and collected by the centre, but wholly assigned to the states (Article 269).
o Levy and Collection of Goods and Services Tax (GST) in course of Inter-State Trade or Commerce (Article 269-A),
which is distributed between Centre and
States on recommendations of GST council.
o Taxes levied and collected by the union and
distributed between the union and the
states (Article 270) on the recommendation
of Finance Commission.
• Grants-in-Aid: Centre provides grants-in-aid to
states as per Article 275.
• Borrowings: As per Article 292, the union
government has powers to borrow money either
within or outside the country while under
Article 293, a state government can borrow
within India (and not abroad).
o Also, if a state is indebted to the Union, it
may not resort to further borrowing without the prior consent of the Union Government.
• Finance Commission (FC): Article 280 provides for a Finance Commission (constituted by President after every five
years) to adjudicate sharing of resources between Union and States.
Issues between Centre-State Financial Relations
• Borrowing limits on states: Centre is increasingly restricting borrowing by States to equivalent of 3% of Gross State Domestic
Product (GSDP) for the 2023-24 financial year (As per recommendations of 15th Finance commission).
o It has also made enhanced borrowings conditional on implementation of reform measures such as power sector
reforms.
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• Vertical fiscal imbalance: Power to raise taxes rests largely with Union government (such as income tax, CGST, taxing
foreign transactions, rents on natural resources etc.) while post-GST, the state governments may only tax the
consumption of goods and services (SGST).
• Burden of developmental expenditure: RBI has categorised the budgetary expenditures as ‘developmental’
(expenditures on socio-economic services) and ‘non-developmental’ (interest payments, pensions, subsidies etc.).
o As a proportion of the GDP, the combined developmental expenditures by all State governments increased from
8.8% in 2004-05 to 12.5% in 2021-22.
• Intergovernmental fiscal transfers: Over the years, the share of Union Finance Commission tax transfers has
declined for a few States.
o 15th Finance Commission has designed tax transfer formula based on population (15%), area (15%), income
distance (45%), demographic transition (12.5%), forest and ecology (10%) and tax effort (2.5%).
o The weightage given to the distance of per capita income adversely affects growing States.
• Non-sharing of cess revenue with states: There has been a 133% rise in collection of major cesses and surcharges
levied by the Union government during 2017-18 and 2022-23.
o These account for about 25% of total taxes but are excluded from being distributed to the states.
• Decline in grants-in-aid: Grants-in-aid to States have fallen from Rs.1,95,000 crore in 2015-16 to Rs.1,65,000 crore in
2023-24.
o Besides these statutory transfers, discretionary spending, earlier mediated by the Planning Commission, now
depends solely at the discretion of the Centre.
• Increasing share in centrally sponsored schemes: States are required to bankroll a higher proportion of expenditure
under these partially central funded schemes while they have no role in design of such schemes.
Way Forward
• Role of 16th FC: There needs to be a negotiation with the 16th FC for specific-purpose transfers to tackle State-specific
issues such as demographic transition, inward and outward migration and climate change crisis.
o Equity can be made the overarching concern of the 16th FC and Human Development Index could be considered
as a strong candidate in horizontal tax distribution.
• Reviewing Off-budget borrowings: There is a need to review the off-Budget borrowing practices of both the Union
and the States.
o Off-Budget borrowings mean all borrowings not provided for in the Budget but whose repayment liabilities fall
on the Budget. They are generally unscrutinised and unreported.
• Addressing horizontal imbalance: Recognising that each state requires a certain minimum fiscal resource value
regardless of the population, rich states should also be guaranteed a minimum share in tax devolution.
o Vice-versa, a ceiling should be defined for poor states also.
• Major principles that should guide fiscal federalism in India include:
o The Centre as well as the States should be autonomous and neither should be unduly dependent on the other
for its finances.
o Both should be able to obtain enough funds for their legitimate expenses.
o The receipts should grow with the need for expenditure.

1.2. ROLE OF CIVIL SERVANTS IN GOVERNANCE

Why in the news?
Recently, on occasion of Civil Services Day, Prime Minister highlighted that civil servants play a pivotal role in furthering
governance and public welfare.
About Civil Services
• Civil servants are permanent officials in the executive wing of governance.
• Genesis: The concept of a merit based modern Civil Service in India was introduced in 1854 following Lord
Macaulay’s Report,
• Post-independence: Civil Services, after Independence, have been categorised into three types:
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 o All India Services (common to both Centre & States): recruited and trained by the Central Government, but, for
work, they are assigned to different States.
o Central Services (for purely Central subjects) and
o State Services (for administration of subjects under State jurisdiction).

Role of Civil Servants in Governance

• Continuity of governance: Being part of permanent executive Civil servants ensure continuity in governance even
when elected governments change.
• Interface between government and people: Civil servants act as the main channel for communicating people's needs
to the government and implementing government policies on the ground.
• Policy formulation: They provide necessary inputs, identify policy areas, analyse alternatives, solutions to societal
issues etc. and advice to the ministers.
• Cementing Indian democracy:
o Free and fair elections: Election Commission has played a pivotal role in ensuring elections in India are free and
fair. Reforms introduced by former CEC T.N.Seshan is considered to be critical in reducing the influence of money
and muscle in election.
o Participative democracy: Example, in 1976, A.M. Gokhale introduced the Village Development Board (VDB) in
Nagaland for decentralised grassroots planning and development.
o Inclusive democracy: Many civil servants have played critical role in giving voice to voiceless. For example, in
2020, the Balangir district administration launched ‘Sweekruti’ to integrate the transgender community into
mainstream activities and social security schemes.
• Growth and development:
o Enforcing law and order: Peace is crucial for socio-economic development of the country. Civil servants
work towards addressing social tensions, conflicts and thus create social unity and harmony.
✓ For instance, Sanjukta Parashar (IPS officer), also known as Iron Lady of Assam played a critical role on in
tackling northeast insurgency.
o Overcoming resource constraints: For example,
✓ IAS officer Armstrong Pame, known as the Miracle Man of Manipur, crowdfunded through social media to
construct a 100 km road in 2012 without state financial aid. Now this road is also known as “people’s road”.
✓ Operation Sulaimani, pioneered by Prasanth Nair (former District Collector of Kozhikode in Kerala), uses
nameless donations from the public to provide food with dignity. This facilitates in ensuring Right to Food.
• Career Diplomats: Civil servants represent their country in international forums and play an important role in
negotiating agreements, promoting national interest, protecting friendly relations with other countries, etc.
• Quasi- Judicial role: Civil servants serves on tribunals, like Telecom Disputes Settlement and Appellate Tribunal, Cyber
Appellate Tribunal etc.,
• Delegated Legislation: The civil servants frame departmental legislation. The legislature gives a broad outline of
legislation and delegates to the civil servants the power to make details of that legislation.

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Challenges associated with the functioning of civil services
• Autonomy: Frequent transfer, political pressure and interference, and need for approval from higher authorities, etc.
compromises the autonomy of civil servants.
• Infrastructure: Many Indian cities, particularly rural areas, lack proper infrastructure and resources, impacting
effective implementation of government programs and service delivery.
• Red-tapism: Complex bureaucratic procedures, hierarchical system in civil services, make the decision process time-
consuming, slowing down the progress and make it difficult to implement change in society.
• Security: Civil servants and their family members are often exposed to risk of violence, and threats from criminals or
extremists.
o For example, Death threats to IAS officer, Tukaram Mundhe for raiding illegal bars, demolishing encroachments
and action against land and water mafia.
Initiatives taken to improve the functioning of Civil Servants
• National Programme for Civil Services Capacity Building- Mission Karmayogi: Aims to transform the capacity building
apparatus at individual, institutional and process levels at Government of India.
o Integrated Government Online Training (iGOT) - Karmayogi platform is a comprehensive online platform that guides
individual civil service officials in their capacity-building journey.
• National Standards for Civil Service Training Institutions (NSCSTI): It was developed by Capacity Building Commission for
elevating quality and capacity of training delivery of Central Training Institutes (CTIs).
• Aarambh: Launched by Government of India in 2019, it is first ever common foundation course for civil servants training.
• National Training Policy: To develop professional, impartial and efficient civil servants that are responsible to needs of
citizens.
• Prime Minister's Awards for Excellence in Public Administration.
Conclusion
Each step taken by a civil servant towards transparency, efficiency, and integrity, brings our nation closer to its goals of
inclusive development and good governance. In recent years, government undertook multiple steps to enhance civil
servants work efficiency, capacity building etc. However, a careful restructuring of civil services is further required to
address issues faced by citizens in 21st century, and enhance delivery of services.

1.3. EVM-VVPAT
Why in the News?
In Association for Democratic Reforms vs Election Commission of India And Another (2024) the Supreme Court dismissed
requests for full cross-verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail
(VVPAT) records.
More on News

• In 2023, the ADR filed a petition in the Supreme Court about the possibility of manipulating the EVMs and made three
requests to the court.
o return to the paper ballot system; or
o the printed slip from the VVPAT machine be given to the voter to verify, and put in the ballot box, for counting;
and/or
o There should be 100% counting of the VVPAT slips in addition to electronic counting by the control unit.
Key highlights of the Judgment
• Verification of VVPAT: Court acknowledged the fundamental right of voters to ensure their vote is accurately
recorded and counted. However, it clarified that this does not equate to the right to count all VVPAT slips or to
physically access these slips.
• Return to paper ballot: Court also refused to return to paper ballot referring to the checks and protocols to ensure
and ascertain the legitimacy and integrity of the EVMs and the election process.
• Direction to enhance public confidence in the EVM-VVPAT: The Court issued following two directions:
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 o Strengthening of Symbol Loading Unit (SLU) protocol: On completion of the symbol loading process in the VVPAT,
the SLU shall be sealed and secured in containers which shall be signed by the candidates or their representatives.
✓ The sealed containers shall be kept in the strong rooms along with the EVMs at least for a period of 45 days
post the declaration of results.
o Verification of burnt memory: Verification of the burnt memory semi-controller of 5% of EVMs per assembly
segment of a parliamentary constituency.
✓ It applies to cases where a written request for the same is made by either of two runners up candidates,
within a period of 7 days post the announcement result.
About EVM-VVPAT

• Electronic Voting Machine (EVM) is a portable microcontroller-based instrument designed to modernize the Election
process.
o It is manufactured and supplied to the ECI by Bharat Electronics Limited (under the Ministry of Defense) and
Electronic Corporation of India Limited (under the Department of Atomic Energy).
• It consists of 3-units the
o Ballot unit: Functions like a keyboard with 16 buttons/key.
o Control unit: Also called as the master unit, remains with the polling/presiding officer
o VVPAT: Allows the voters to verify that their votes are cast as intended.
✓ When a vote is cast, a slip is printed containing the serial number, name and symbol of the candidate
✓ This slip is visible through a transparent window for 7 seconds before it automatically cuts and drops into a
sealed box.
✓ It was introduced to have the fullest transparency in the voting system and to restore the confidence of the
voters by ensuring the accuracy of the voting system using EVMs.
Advantages of the EVM-VVPAT
• It runs on battery and does not require any external
power supply.
• Negating a scenario of an invalid vote akin to an invalid
paper ballot.
• It does not permit more than 4 votes per minute,
thereby deterring booth capturing.
• After pressing the ‘CLOSE’ button on the control unit,
there is no possibility of voting.
• By pressing the ‘TOTAL’ button on the control unit at any time, the total number of votes polled up to the time of
pressing the button is displayed, without indicating the candidate-wise result of votes.
• It is not possible to pre-program the EVM in a spurious manner.

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Conclusion
There is a need to nurture a culture of trust and collaboration among the citizens, the elected representatives, and the
electoral machinery to strengthen the foundations of our democracy and ensure that the voices and choices of all citizens
are valued and respected.

1.4. RIGHTS OF PERSONS WITH DISABILITIES (RPWD) ACT, 2016

Why in the News?
Recently, in the Seema Girija Lal & Anr Vs Union of India & Ors case the Supreme Court expressed disappointment at the
inadequate implementation of the RPwD Act, 2016 across states.
More on News
• The Court noted that many states including Andhra Pradesh,
Chattisgarh, UP, Punjab, Tripura, and UT of Chandigarh were lagging in
the implementation of various provisions of the Act including:
o appointment of State Commissioners,
o creation of State Funds for PwDs,
o formation of assessment boards for disability certificates,
o establishment of Special Courts, etc.
• The court directed all such states to implement various provisions of the
Act by June 30 while also directing the Ministry of Social Justice and
Empowerment to update the court with a status of compliance.
About PWDs
• PwDs face stigma, discrimination, and neglect, due to prejudice and socio-psychological and cultural reasons, despite
the Constitutional guarantee of equality of all citizens.
• Their abilities are often
underestimated, leading
to a vicious cycle of
underachievement and
hindering their growth.
About Rights of Persons with
Disabilities (RPwD) Act, 2016
Background

• The Act aims to ensure

that all PwDs can lead
their lives with dignity,
without discrimination
and with equal
opportunities.
• It was enacted to give
effect to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) of 2007, to which India
is a signatory.
Key Provisions of the Act
• Definition of PwD: PwD refers to a person with long term physical, mental, intellectual or sensory impairment which,
in interaction with barriers, hinders his full and effective participation in society equally with others.
• Disabilities recognized: Recognises 21 types of disabilities including acid attack victims, intellectual disability, mental
illness, etc.

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• Enumerates right of PwDs
o Governments are responsible for ensuring PwDs enjoy the right to equality, life with dignity and respect.
o Protection from abuse, cruelty, inhuman treatment, violence and exploitation, etc.
o Other rights include the right to home and family, reproductive right, accessibility in voting, the right to own or
inherit property.
• Persons with Benchmark disabilities: It refers to person with at least 40% of a specified disability, whether defined
in measurable terms or
not as certified by the
relevant authority.
• Guardianship: If a PwD
cannot make legally
binding decisions even
with support, a limited
guardian may be
appointed. The District
Court or designated
authority may also
grant total support to
the person if needed or
if repeated limited
guardianship is
necessary.
o Limited
guardianship is a
joint decision-
making system
based on mutual
understanding and
trust between the
guardian and the
PwD. It follows the
PwD's will and is
limited to specific
periods, decisions,
and situations.
• Social security:
Mandates the
government to
formulate necessary
programmes to
safeguard the rights of
PwDs for an adequate
standard of living to
enable them to live
independently or in the community.
Reasons for sub-optimal implementation of the RPwD Act
• Inadequate allocation of resources: The Parliamentary Standing Committee in 2022-23 highlighted suboptimal
budget allocation for PwD program.For example,
o between 2016-17 and 2020-21, number of components under the SIPDA increased from 6 to 13, whereas the
budgetary allocation increased by less than 9%.

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 o Disability pension of ₹300 or 500 per month under Indira Gandhi National Disability Pension Scheme is provided
which given the current state of inflation is too low.
• Coordination issues: Effective implementation requires active participation of states as well as districts and effective
coordination between various departments and agencies, ensuring this is difficult.
o For example, the non-receipt of Utilisation Certificates from the State Governments has remained a recurring
problem, which has resulted in non-release of funds for initiatives for PwDs by the Centre.
• Rehabilitation services
o 69% of the PwDs reside in rural areas where accessibility, availability, and utilization of rehabilitation services is
inadequate.
o Under Deendayal Disabled Rehabilitation Scheme the present cost norms are not sufficient to get qualified
rehabilitation professionals and there is a particular scarcity of professionals in remote areas.
• Hinderance in educational empowerment: Budgetary allocation for schemes meant for educational empowerment
of PwDs has remained stagnant.
o Additionally, except the National Fellowship Scheme, no other targets were achieved.
• Lack of data and research: There is a lack of updated reliable and disaggregated data, which hinders evidence-based
policymaking and targeted interventions.
Initiatives taken for PwDs
• Draft National Policy for Persons with Disabilities proposed to revise
the 2006 policy to align it with UNCRPD, RPwD Act 2016 and National
Education Policy 2020 (promotes inclusive education).
• There are four national legislations dealing with persons with
disabilities namely,
o Ministry of Social Justice: Rehabilitation Council of India Act,
1992, National Trust for the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and Multiple Disabilities Act,
1999; the RPwD Act, 2016.
o Ministry of Health and Family Welfare: Mental Healthcare Act,
2017.
• Scheme for Implementing of Persons with Disabilities Act, 1995
(SIPDA)
o Accessible India Campaign (Sugamya Bharat Abhiyan): Launched
in 2015, to enhance the accessibility of the built environment,
transport system and information and communication eco-
system.
o Skill Development Programme for PwDs.
o To establish early diagnostic and intervention centres at District
Headquarters/other places having Government Medical Colleges
• India is also a signatory to the following international initiatives
o Adoption of Incheon Strategy “To make the Right Real” for Persons with Disabilities in Asia and Pacific.
o Declaration on the Full Participation and Equality of People with Disabilities in the Asia-Pacific Region
o Biwako Millennium Framework working towards an inclusive, barrier-free and rights-based society
Way Forward
• Handholding to states: The Union ministry should guide state agencies with expert advice, targets, and resources to
implement the Act's provisions effectively.
• Enhancing Collaboration: Foster collaboration across government bodies and with civil society, disability rights
groups, and the private sector to promote the rights and inclusion of PwDs.
• Improve accessibility: Incorporate accessibility criteria in all central and state level procurement laws and policies in
public procurement of physical, digital and transport infrastructure.
• Advancing impact assessment: Establish robust data systems to monitor the RPwD Act's implementation and assess
its impact, while supporting relevant research to understand regional challenges faced by PwDs.
• Social audit: Section 48 of the Act requires the appropriate government to undertake a social audit of all general
schemes and programmes involving PwDS. This provision needs to be implemented on a priority basis.
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1.5. STREET VENDORS (PROTECTION OF LIVELIHOOD AND REGULATION OF
STREET VENDING) ACT, 2014
Why in the news? Constitutional Provisions related to Street Vendors
Recently, the enactment of the Street Vendors (Protection of • Article 19(1)(g): Right to practise any profession, or
to carry on any occupation, trade or business.
Livelihood and Regulation of Street Vending) Act 2014
• Articles 39 (a): Citizens, men and women equally,
completed 10 years.
have the right to an adequate means of livelihood.
About street vendors • Article 39 (b): Ownership and control of the material
resources of community are so distributed as best to
• Current status: The number of street vendors is expected to sub-serve the common good.
be around 10 million. Cities like Delhi and Mumbai have the
largest share. Most of them are migrants.
• Contribution to economy: According to government estimates, street-vending accounts for 14% of the total (non-
agricultural) urban informal employment in the country.
• For poor, Street vending acts as the best opportunity for self-employment with the lowest capital
• Challenges faced by street vendors:
o Financial insecurity due to low income, irregular employment and sale fluctuation, further impacts access to
formal credit services.
o Poor working conditions such as long working hours, harsh weather conditions like heatwave, lack of access to
shelter, transportation, storage facilities etc.
o Women face issues of access to basic facilities such as sanitation, also face security issues including eve-teasing,
sexual harassment, etc.

About Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Background
• Since street vending is part of the unregulated informal economy and is therefore generally criminalized by city
officials, police officers, wholesalers, Resident Welfare Associations (RWAs), and many residents themselves.

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• Despite India's National Policy on Urban Street Vendors recognizing street vending positively the main challenge to
include street vendors in urban planning remained unresolved.
• In this background, over the years many organisations including NASVI and the Supreme Court have repeatedly called
for “structured regulation and legislation to control and regulate the fundamental right of hawking.”
Key provisions
• Defines Street Vendor (SV): A person engaged in vending of articles, goods, food items or offering services to the
general public in a street, lane, footpath, or by moving from place to place.
• Defines vending zones: It refers to an area or a place or a location designated as such by the local authority for the
specific use by street vendors for street vending and includes footpath, sidewalk, pavement, etc.
o Vending zones can only accommodate up to 2.5% of the population of a ward/ zone/ town/ city.
• Street vending plans (SVPs): Local authorities must frame SVPs which should cover:
o identification of vending zones,
o spatial plans for street vendors, and
o establishing measures for efficient, and cost-effective distribution of goods and services.
• Enumerates duties
o Duty of SV: Adherence to local laws and regulations, payment of vending fees, and compliance with hygiene and
safety standards.
o Duty of Government: Appropriate Government may undertake promotional measures of making available credit,
insurance and other welfare schemes of social security for the street vendors.

Key Bodies established under the Act

Town Vending Committees (TVCs) Grievance Redressal Committees (GRC)
• Composition: • Appointment: The Government may
o Chairperson: Municipal Commissioner or CEO. constitute one or more GRCs.
o Other Members: Representatives from local authority, planning authority, • Functions: Addressing the
local police, etc. At least 40% of the members must be SVs, with a third being grievances or disputes of SVs
women. • Composition: A Chairperson who
has been a civil judge or a judicial

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 • Functions magistrate and two other
o Surveys: TVCs must survey all street vendors (SVs) at least once every five professionals for dispute resolution.
years to identify them. • Appeal: Appeal against the decision
o Issuance of CoV: Every SV over the age of 14 identified in the survey will of GRC can be made to the local
receive a CoV. Priority shall be given to SCs, STs, OBCs, women, persons with authority.
disabilities, and minorities.
o Cancellation of CoV: Can cancel or suspend a CoV for non-compliance.
• Appeal against TVCs: Appeals against its decisions lie to the local authority.
Challenges in implementation of the Street Vendors Act, 2014
Parliamentary Standing Committee on Urban Development has highlighted the following challenges in the
implementation of the Act:
• Suboptimal registration of street vendors: Identity cards and CoV that provide legal rights to SV to conduct their
businesses have not been issued to all vendors.
• Persistence of vulnerability to eviction:
o TVCs have not been constituted in several states, leaving street vendors vulnerable to eviction.
o 60% of a TVC is composed of government-nominated officials. This may overshadow concerns raised by SV
representatives.
• Lax implementation by States:
o Many provisions of the Act are yet to be implemented by several states/ union territories.
o Only 31% of towns in states which have notified a scheme under the Act have framed Street vending plans.
o Certain states like Assam have notified vending zones without formulating the vending plans.
o Only nine states (including Assam, Kerala, and Punjab) have constituted GRCs.
• Exclusionary urbanisation: Many cities are being developed as smart cities or are formulating master plans without
consideration of the street vendors.
Other Initiatives taken to safeguard Street Vendors in India
• PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) Scheme: To facilitate collateral-free working capital loans to street
vendors
• Support to Urban Street Vendors (SUSV): it is a component of Deendayal Antyodaya Yojana- National Urban Livelihoods
Mission (DAY-NULM). SUSV provides for skilling, micro-enterprise development, credit enablement, etc.
• Pradhan Mantri Kaushal Vikas Yojana (PMKVY) 3.0: Provides for skilling of Street Food Vendors (who apply for e-cart license)
under Recognition of Prior Learning (RPL) component.
Way forward
Recommendations by the Parliamentary Standing Committee on Urban Development for effective implementation of the
Act:
• Issuance of Smart card: Provide SVs smart cards with relevant information (such as identification and details of
vending certificate), which may also be more durable compared to paper-based documents.
• Strengthen TVCs:
o Expedite constitution of TVCs in all states. Also, ensure that no eviction or relocation should be enforced without
consultation with TVCs.
o The SV representation in the TVCs should be regularly monitored and a database of the representation should
be maintained by the Ministry of Housing and Urban Affairs (MoHUA).
• Ensure inclusive urbanisation: MoHUA shall issue guidelines for:
o integrate the Act with developmental missions and urban planning processes,
o consultation with the TVCs while planning projects under the smart city mission,
o ensure representation of the vendor community in the Committee formulating the master plan of a city.
• Enhancing Implementation:
o Encourage the constitution of GRCs and develop a website or mobile application to ensure traceability,
accountability, and transparency in the complaint redressal process.

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 o Constitute a monitoring committee to review the progress of implementation, and share good practices for
implementing the Act.
o Conduct annual surveys similar to the Swachh Survekshan to recognize and incentivize effective implementation
by urban local bodies.

1.6. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

Why in the news?
Recently, the United Nations-linked Global Alliance of National Human Rights Institutions (GANHRI) deferred the
accreditation of the NHRCI (National Human Rights Commission of India) for the second year in a row.
Background
• In a unique peer-review-based accreditation process, GANHRI ensures compliance of individual National Human
Rights Institutions (NHRI) with internationally recognised standards also known as the Paris Principles.
• This accreditation aims to ensure the independence, pluralism and accountability of NHRIs.
• Process of NHRIs Accreditation: NHRIs are reviewed by the Sub-Committee on Accreditation (SCA) of GNHRI when
it applies for initial accreditation, and re-accreditation every five years. NHRIs are accredited by GANHRI as
o ‘A status’: Accredited to fully compliant NHRIs: They have
independent participation rights at the UN Human Rights Council,
its subsidiary bodies and some General Assembly bodies and
mechanisms. They are eligible for full membership of GANHRI,
including the right to vote and hold governance positions.
o ‘B status’: Accredited to partially compliant NHRI. They participate
in GANHRI meetings but are unable to vote or hold governance
positions.

Accreditation of NHRC

• NHRCI got 'A' status of accreditation first time in 1999. In 2016, NHRCI’s
accreditation was deferred by a year after which it received an ‘A’ rating
in 2017 by SCA of GANHRI.
• In 2023, accreditation of NHRCI was deferred. The current accreditation
by GANHRI is differed due to a lack of diversity in staff and leadership and insufficient action to protect marginalised
groups.
About the National
Human Rights
Commission (NHRC)
• Headquarters:
New Delhi
• Genesis: It is a
statutory body,
established
under the
Protection of
Human Rights
Act (PHRA), 1993
as ameded in
2006 and in 2019.
o PHRA defines
Human Rights as the rights relating to life, liberty, equality and dignity of the individual. These rights are
guaranteed by the Constitution or embodied in International Covenants and are enforceable by courts in India.
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• Appointment: Chairperson and Members of the Commission are appointed by the President of India, on the
recommendations of a committee, headed by the Prime Minister, consisting of:
o Speaker of Lok Sabha
o Minister-in-Charge of
Ministry of Home Affairs
o Leader of Opposition in
Lok Sabha and Rajya
Sabha
o Deputy Chairman of
Rajya Sabha
• Tenure: Chairperson and
members of NHRC will hold
office for three years or till
the age of seventy years,
whichever is earlier. The
Chairperson and members
both are eligible for
reappointment.
• Removal: Both Chairperson
and members can be
removed from office by order of the President on the ground of proved misbehaviour or incapacity after
consultation with the Supreme Court.
• Powers of NHRC: It has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and in
particular in respect of the following matters, namely:
o Summoning and enforcing the attendance of witnesses and examining them on oath;
o Discovery and production of any document;
o Receiving evidence on affidavits;
o Requisitioning any public record or copy thereof from any court or office;
o Issuing commissions for the examination of witnesses or documents.

Issues associated with the NHRC

NHRC cannot consider complaints for human rights violations which happened more than one year before filing of
complaints or issues which are subjudice. This puts limits on its power.

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Moreover, the SCA of GANHRI has pointed out the following issues:
• Lack of diversity: Only 95 out of 393 staff positions are held by women in leadership positions in NHRCI.
• Government dominated selection Committee: The selection committee for appointing is dominated by the ruling
party, curbing the dissent of opposition.
• Government interference: The PHR Act provides for recruiting civil servants with the rank of Secretary as Secretary
General of NHRCI which may lead to government interference in violation of Paris Principles.
• Investigation resources: The NHRC rely on deputed officials for investigation. They may lack accountability due to
insufficient oversight mechanisms.
• Limited Engagement with Civil Society: There is a lack of effective engagement with civil society and human rights
defenders.
Way forward
• Independence: The PHR Act should be amended in a manner that allows the independent appointment of qualified
persons for investigative positions in line with Paris principles.
• Investigation: There is need for an independent police complaint commission to deal exclusively with human rights
issues, as in the UK and South Africa. Also, steps should be taken to develop the investigation wing of NHRC.
• Effective utilisation of statutory power: Section 17 of the PHR Act empowers NHRC to conduct its investigation if
Centre/state government do not respond within the stipulated time.
• Wider collaboration: Regular and constructive engagement with all relevant stakeholders such as civil society is
essential for NHRIs to effectively fulfil their mandates.
• Other reforms: The appointment process must ensure the composition of NHRC reflects India’s diversity, a time limit
of one year should be relaxed, etc.

1.7. NEWS IN SHORTS

1.7.1. ELECTION COMMISSION o Postal ballot: It allows votes being sent by post.
following Persons are entitled to vote by post:
INTRODUCES HOME VOTING
✓ special voters.
• Election Commission of India for the first time provides ✓ service voters.
facilities of home voting in coming 2024 election. ✓ voters on election duty and.
• The step is in line with Election Commission (EC) motto ✓ electors subjected to preventive detention
‘No voter is left behind’. o Proxy voting: It allows registered elector to
• Home Voting Facility: delegate his voting rights to a representative he
o Under this, voting from home takes place with nominates. Available for service voters.
involvement of a full contingent of polling staff and
security personnel with secrecy of voting diligently
maintained.
o Beneficiaries:
✓ Persons with disabilities (PwDs) meeting 40%
benchmark disability.
✓ Senior citizens aged above 85 years.
• Other Steps by EC to make voting inclusive:
o Ease of voting by abolishing Form-M for kashmiri
migrants residing at Jammu and Udhampur.
o SVEEP (Systematic Voter’s Education and Electoral
Participation) to engage PwDs and also sensitise
their friends, families, polling officials, etc.
o Proposed Multi-Constituency Remote Electronic
Voting Machine (RVM): It would enable migrant
voters to exercise their vote from their current
place of residence.

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1.7.2. CRIMINALIZATION OF POLITICS 1.7.3. DISCLOSURE OF ASSETS BY
ELECTION CANDIDATES
• 44% of sitting Member of Parliament (MPs) face
criminal charges, 5% are billionaires according to the • Supreme Court, while hearing an appeal on election
Association of Democratic Reforms (ADR) report. petition, held that election candidates have right to
• ADR report also highlights that: privacy as regards to matters which are of no concern
o 50% of MPs facing criminal charge from Uttar to voters or are irrelevant to candidature of public life.
Pradesh, Maharashtra, Bihar, Andhra Pradesh, • Statutory provisions regarding declarations by
Telangana, and Himachal Pradesh. Election candidates
o Among sitting MPs with criminal charges, 29% face o Section 33 of the Representation of People’s Act
serious criminal cases including allegations of (RPA), 1951: Deals with nominations for election of
murder, attempt to murder, crime against women candidates and presentation of valid information.
etc. o Section 36 of RPA, 1951: Provides for scrutiny of
• About Criminalisation of Politics nomination and empowers returning officer to
o Refers to infiltration of criminals, lawbreakers, reject nominations on grounds of any defect of
and corrupt individuals into political system, who ‘substantial character’.
then use their influence to further their own
interests at cost of country and its citizens. 1.7.4. SC ASK GOVERNMENT TO ACT ON
o Reasons MISLEADING ADVERTISEMENTS
✓ Growing nexus between political parties and
• Supreme Court (SC) asked the Government to act on
criminals.
FMCG (Fast-Moving Consumer Goods) firms using
✓ Lack of laws and rules for governing elections
misleading advertisements.
procedure
• Court also requested Union Ministries to detail the
✓ Money power i.e. Buying votes for another
actions taken to combat deceptive advertising
illegitimate purpose.
practices, which negatively impact public lives.
o Impact
• Misleading Advertisements
✓ Against free and fair elections.
o Misleading advertising is any published claim that
✓ Affects good governance and integrity of
gives a consumer an incorrect understanding of
public servants.
the product or service.
✓ Corrupt activities like taking bribes,
o Under Consumer Protection Act 2019, an
embezzling public funds etc. damages social
advertisement is misleading if it
fabric of society.
✓ Falsely describes a product/service,
✓ Gives a false guarantee to nature, quantity or
quality of product/service,
✓ Represents unfair trade practice, or
✓ Deliberately conceals important information.
• Impact of misleading advertisements
o Violates consumers’ right to information and
choice
o Potential to cause consumer financial loss and
mental agony
o Severe repercussions on consumer health and
safety, especially with advertisements of drugs or
medical devices of questionable efficiency.
• Initiatives Taken to combat misleading
advertisements.
o ‘Guidelines for Prevention of Misleading
Advertisements and Endorsements for Misleading
Advertisements, 2022’ issued by Central
Consumer Protection authority (CCPA).

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 o Drugs and Magic Remedies (Objectionable Drugs and Magic Remedies (Objectionable Advertisements)
Advertisements) Act, 1954: It prohibits Act of 1954
advertisement for remedies alleged to possess • Supreme Court is hearing a case of “misleading” claims in
magic qualities. advertisements by an Ayurveda-related company.
o Consumer Protection Act, 2019: Establishes CCPA • Misleading claims are prohibited under the Drugs and
Magic Remedies (Objectionable Advertisements) Act of
to regulate matters relating to misleading
1954.
advertisements. ○ Section 4 of the Act prohibits advertisements that
o Food Safety and Standards Act, 2006: Penalty for give false impressions regarding the true character of
misleading advertisements pertaining to food. the drug.
○ Section 5 prohibits the Advertisement of Magic
Remedies for treatment.
✓ magic remedies are defined as any charm
(talisman, mantra, kavacha etc.), alleged to
possess miraculous powers for diagnosis, cure,
mitigation etc.

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1. POLITY AND GOVERNANCE
1.1. MASS MEDIA AND ELECTION
Why in the News?
Taking the note of misuse of social media, (a type of mass media) by political parties during the election campaign the
Election Commission of India (ECI) issued guidelines for the ethical use of social media platforms.
Key highlights of the guidelines
• The ECI directed parties to not:
o publish content that is false, misleading, or derogatory, especially towards women,
o not use social media platforms to carry any content which use children in any political campaigning
o depict violence or harm to animals.
o not impersonate another person, including political parties or their representatives on a social media platform
• It also mandated Political parties to:
o remove any violating content within three hours of notification and warn the responsible members,
o report any unlawful information and fake user accounts to the respective social media platforms,
o and escalate unresolved issues to the Grievance Appellate Committee as outlined in Rule 3A of the Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
About Mass Media
• Mass Media refers to diverse communication channels that transmit information and entertainment content to a
large audience.
• It includes print media (Newspapers, Magazines, Books), electronic media (Radio, Television, Films), and digital media
(Internet, social media).
• It is also termed the Fourth Estate of a democratic country, the other three pillars being: the Legislature or the
Parliament; the Executive; and the Judiciary
• The fundamental right of ‘Freedom of Speech and Expression’ granted to Citizens under Article 19(1)(a) of the
constitution is also available to the press.
Allocation of time to political parties on State Media
Role of the Mass Media in the Election Process • National parties, all put together, get a minimum of 10
hours of telecasting time on Doordarshan’s national
• Emphasizing Election Importance: Media coverage
channel, and at least 15 hours on its regional channels.
underscores the significance of elections, highlighting o They also get 10 hours of broadcasting time on the
voter choice, the need to be informed, and the national hook-up of AIR and 15 hours of
fundamental right to vote. broadcasting on regional AIR stations.
○ This fosters faith in the electoral process and • State parties, all put together, get a minimum of 30 hours
encourages citizen participation. of telecasting time on the appropriate regional
• Dissemination of Campaign Information: Media spreads Doordarshan channel and AIR radio station.
campaign propaganda widely, providing politicians with affordable advertising space and quickly reach a large
audience.
○ Recognised political parties have been allowed to freely use state-owned television and radio during polls since
the 1998 Lok Sabha elections (refer to the box).
• Influencing Voter Behavior: Media arouses interest, reduces apathy, and instils a sense of civic duty by emphasizing
the importance of every vote and the Right to Vote.
• Shaping the Public Image of Candidates: Media portrayal greatly impacts a candidate's public image. Newspaper,
magazine coverage, and broadcasts can either help or harm them.
• Effective messaging: It ensures politicians maintain consistent messages, preventing them from saying different
things to different audiences.
• Facilitating Policy Discussion: Mass media informs the public about government actions, highlights policy
shortcomings, and communicates public expectations to politicians, facilitating a two-way discussion on both current
and future policies.
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Challenges posed by mass media to election process
Mass media with all its positive implications also pose challenges to a free and fair election process when it is not
objective and its reporting are selective and biased (a phenomenon known as media gatekeeping).
With the rapid and widespread dissemination of information on social media, these challenges are magnified. Some key
challenges to election process posed by social media are as follows:
• Threat to Sovereignty: social media can be manipulated by anyone, inside or outside the country, to target specific
parties or candidates, compromising the democratic process as well as the Sovereignty of the country.
○ For example, during the 2016 US presidential elections, Russia allegedly used social media to manipulate the
outcome.
• Misinformation: Social media is a breeding ground for misinformation and manipulated content, distorting public
perception and influencing voter behavior.
○ AI-generated deepfakes complicate the issue, making it hard to distinguish real information from fake, disrupting
election integrity.
• Sensationalisation: Social media algorithms amplify viral content, overshadowing factual narratives and quickly
setting political narratives.
○ Many YouTube-based independent content creators run online-only news channels, bypassing traditional media
regulations.
✓ They set narratives through the sensationalisation of issues and manipulation for more views. It may result
in the marginalisation of more important issues from public discussion.
• Online Echo Chambers: Social media can create echo chambers, where individuals only encounter viewpoints
aligning with their own, resulting in confirmation bias where people are opposed to diverse perspectives.
○ It may worsen societal divisions leading to polarization. For instance, Facebook's failure to address platform abuse
in Sri Lanka reportedly fueled widespread violence in 2018.
• Compromising Model Code of Conduct: The lack of effective regulation on social media platforms makes it challenging
to enforce the code of conduct for parties and candidates.
○ Also, regulating content on encrypted platforms like WhatsApp is currently not feasible.
• Privacy Concerns and threat to voter’s objective opinion: Voters lack control over data collection. They're often
profiled by social media, impacting their feed content which may potentially change their behaviour.
○ In 2018, several Indian political parties allegedly hired Cambridge Analytica, a data mining and analytics business.
Way ahead for mitigating the adverse impact of Mass Media on Indian elections
Mass media should be nudged to follow the advisories of Press Council of India that called for Press to give objective
reports about elections and the candidates, eschew reports which tend to promote feelings of enmity or hatred, observe
all the directions/ orders/instructions of the Election Commission/Returning Officers or Chief Electoral Officer, etc.
In addition to these, following steps should also be taken to prevent the abuse of mass media during election:
• Effective Implementation of Voluntary Code of Ethics: Ensure strict adherence to the Voluntary Code of Ethics for
the General Elections 2019, aimed at promoting responsible behaviour on social media platforms during elections.
• Enhance Social Media Monitoring: Increase cooperation and exchange of information among stakeholders involved
in social media monitoring.
○ Strengthen links between civil society groups and internet platforms to facilitate the timely raising of concerns
and consideration of findings by platforms.
• Foster International Cooperation: Compare best practices globally and foster networks to share lessons learned and
insights gained after elections.
○ Collaborate with other countries to develop effective strategies for mitigating the adverse impact of social media
on elections.
• Strengthen Data Protection Framework: As India's voting process becomes more modern in terms of data utilisation,
enhance the data protection framework to adapt to different levels of data usage.
○ Ensure that voter data is protected and used responsibly to maintain the integrity of the electoral process.

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 Role of Social Media in Election
• Social media differs from traditional mass media in terms of scale and speed of communication. Social media revolutionizes
politics by instantly transmitting messages to global audiences.

Existing Regulatory Frame for Social Media

• The Information Technology Act, 2000 governs all areas of electronic communication, including social media.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Regulations, 2021 for ensuring
accountability of social media and other intermediaries.

1.2. INTERNET SHUTDOWNS

Why in the news?
As per an ‘Access Now’ report, India
witnessed 116 shutdowns in 2023, the
highest number of shutdown in world
for the sixth consecutive year.
Internet shutdown
• It is an intentional disruption of
internet communications for
specific population or within a
location for any duration of time,
often to exert control over the flow
of information.
o In 2023, globally the number of
internet shutdowns rose by 41% to 283 from 201 in 2022.
Provisions for Internet Shutdown
• Currently, suspension of telecom services (including internet shutdowns) is governed by Temporary Suspension of
Telecom Services (Public Emergency or Public Safety) Rules, 2017, notified under Indian Telegraph Act, 1885.
o It provide for a temporary shutdown of telecom services in a region on grounds of public emergency (up to 15
days at once).
o The 1885 Act empowers the central government to regulate various types of telecom services including internet
services and grant licenses for them.
• Orders of temporary suspension of telecom services are to be issued By Union/State home secretary Only.
o Under 2017 Rules, a three-member Review Committee headed by Cabinet Secretary at central level and Chief
Secretary at state level, reviews telecom/internet shutdown orders by central government and state government,
respectively.
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 Supreme Court Judgement in Anuradha Bhasin vs. Union of India and Ors. 2020
• SC held that freedom of speech and expression through medium of internet is an integral part of Article 19(1)(a) and
accordingly, any restriction on the same must be in accordance with Article 19(2) of the Constitution.
• In relation to internet shutdown, Court had passed following directions
o An order suspending internet services indefinitely is impermissible under 2017 Rules. Suspension can be utilised for
temporary duration only.
o Any order suspending internet issued under Suspension Rules, must adhere to principle of proportionality and must not
extend beyond necessary duration.
o Any order suspending internet under the Suspension Rules is subject to judicial review.
Impact of Internet Shutdown
• Economic loss: Shutdowns reportedly led to loss of $118 million in foreign investment from Jan- June 2023 alone in
India.
o Also, a single-day shutdown can push up to 379 people into unemployment in the country.
• Fundamental rights: Internet shutdowns impacts access to information, curbing digital freedom and fundamental
human rights such as freedom of speech and expression (Article-19), access to information etc.
• Inequality: Shutdowns disproportionately affect marginalized communities, hindering their access to newer revenue
streams and opportunities. This exacerbates existing inequalities and undermines efforts towards equitable
digitization.
• Disaster management: Loss of communication due to internet shutdown hinders information dissemination w.r.t.
early warning, evacuation routes, further exacerbating the impact of disasters.
o The ongoing internet shutdown in Myanmar exacerbated the effects of Cyclone Mocha, which hit western
Myanmar in May 2023
• Education and Healthcare: Shutdowns hinders access to online services such as education platforms, healthcare
information etc.
• Protest and Violence: Internet shutdown disconnects people from the rest of the world, creating ambiguity and
frustration. This can trigger strikes or protests that may become violent.
• Human rights abuse: Shutdowns impedes accountability where attackers utilise the disruption to cover up their
offenses such as killing, arson, gender-based violence etc.
Way ahead
• Recommendations of Parliamentary Standing Committee on Communications and Information Technology
o Codifying defined parameters that constitute as public emergency and public safety.
✓ Public emergency and public safety have not been defined in the 1885 Act or the 2017 Rules.
o Putting in place a mechanism to decide the merit of an internet shutdown.
o Department in co-ordination with Ministry of Home Affairs (MHA) should lay down a clear principle of
proportionality and procedure for lifting of shutdown so that these are not extended indefinitely.
o Department of Telecommunications (DoT) should formulate a policy to selectively restrict use of OTT services
instead of banning the internet as a whole to ensure minimum inconvenience to public and curb misinformation.
o A study on the impacts of internet shutdowns and its effectiveness in dealing with public safety and public
emergency should be conducted by DoT and MHA.
• Government should clearly communicate to users any limitations, restrictions, or change to service they may
experience and provide regular updates on status and duration of shutdown.

1.3. OTHER BACKWARD CLASSES (OBCS) LIST

Why in the News?
The National Commission for Backward Classes (NCBC) is reviewing the state list of Other Backward Classes (OBCs)
using powers granted under the 102nd Constitutional Amendment Act.
More on the News
• NCBC has noted presence of ineligible communities in the OBC lists of States like Karnataka and West Bengal.
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• It has also stalled request of West Bengal to include various castes/communities in the Central OBC list, and has
asked current report justifying the backwardness of these communities.
• Moreover, NCBC is also planning to review OBC lists in Kerala, Odisha, Bihar, Maharashtra, and other states to ensure
maximum OBC reservation within the 50% limit.
About OBCs and OBCs list
• Definition: There is no standard definition of OBC in the Indian Constitution. Socially and Educationally backward
Classes (SEBCs) are commonly known as other backward classes (OBCs).
• OBCs list: Currently, for each state, there are two OBC lists one at the central level (for benefits by the Central
Government initiatives) and another at the state level (for benefits by the State government initiatives).
o Central List: Article 342A (1) of the Constitution authorized the President (in consultation of the governor of the
state) to specify the Central list of the OBCs, in relation to a particular State or Union Territory.
✓ Further, any modification to the central list of the OBCs can be done only by the Parliament.
o State List: Article 342A (3) empowers every State or UT to prepare and maintain for its own purposes, a list of
SEBC entries which may be different from the Central List.
• Reservations for OBCs: Articles 15 and 16 of the Constitution enable reservation for OBCs in admission to educational
institutions, and in public employment.
o In 1990, the Centre implemented 27% reservation for OBCs in Central Educational Institutions and Central
Government services as recommended by the Mandal Commission.
o Such reservation for OBC was upheld by the Supreme Court in Indra Sawhney Vs. Union of India 1992 subject to
exclusion of the “Creamy Layer” (different groups based on income and parental rank).
Commissions constituted for the upliftment of OBCs
• Under Article 340, President, may by order appoint to investigate the conditions of SEBCs and to make recommendations as
to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition.
• The President had constituted Kalelkar Commission in 1953, and Mandal Commission in 1979 to investigate the conditions
of OBCs.
o The recommendations of Kalelkar Commission was never implemented.
• In 2017, the President appointed a Justice Rohini Commission, headed by Justice G. Rohini to examine the sub-categorisation
of OBC caste groups to ensure more equitable distribution of reservation benefits among OBCs in India.
o The Commission submitted its report in 2023 but it is yet to be implemented.
About NCBC
• Constitutional Body: NCBC was granted Constitutional Status under Article 338B (inserted through 102nd
Constitutional Amendment Act, 2018).
o Article 338 B mandates Union and every State Government to consult the NCBC on all major policy matters
affecting the rights of OBCs.
• Composition:
Includes a
Chairperson, Vice-
Chairperson, and
three other
members
appointed by the
President. Their
service conditions
is also determined
by the President.
• Power: The
Commission has all the powers of a civil court.

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1.4. NEWS IN SHORTS
1.4.1. ARTICLE 39(B) OF THE that once the Election Commission of India officially
CONSTITUTION AND PRIVATE notifies the election process, the court cannot
intervene or interfere.
PROPERTIES
• Also, under Representation of the People Act (1951),
• Supreme Court will decide if private properties can be Section 80 states that, the validity of any election
considered ‘material resources of the community’ cannot be challenged or questioned except by filing an
under Article 39 (b) of the constitution. election petition.
o Article 39(b) in the Directive Principles of State o Election petitions are filed in the concerned state's
Policy (DPSP) says that “the state shall, in High Court, which has original jurisdiction over
particular, direct its policy towards securing- that them.
the ownership and control of the material o Appeals lie with the Supreme Court of India.
resources of the community are so distributed as o An election petition can be filed by any candidate,
best to subserve the common good”. or an elector relating to the election personally.
• The court will also ponder upon the legal sanctity of ✓ Elector means a person who was entitled to
Article 31C of the Constitution in the wake of the vote at the election to which the election
Minerva Mills judgment. petition relates.
o Article 31C protects a law made under Articles
39(b) and (c) empowering the State to take over 1.4.3. FORM 17C
material resources of the community, including • Election Commission told the Supreme Court the rules
private properties, for distribution to subserve the do not permit sharing Form 17C data with any entity
common good. apart from polling officials.
✓ Article 39(c) states that “the operation of the • Form 17 C
economic system does not result in the o It is associated with the directions under Conduct
concentration of wealth and means of of Election Rules, 1961.
production to the common detriment”. o Its 1st part provides information related to the
o In the Minerva Mills case of 1980, SC had declared number of:
two provisions of the 42nd Amendment which ✓ eligible voters assigned to the booth, electors
restricted the Judicial Review, as unconstitutional. in the register of voters,
✓ any constitutional amendment from being ✓ voters who decided not to exercise their
'called in question in any court on any ground' franchise,
and ✓ voters not allowed to vote
✓ accorded precedence to the Directive o Its 2nd part contains information like the name of
Principles of State Policy over the the candidate and the total votes they received.
fundamental rights of individuals,
1.4.4. SILENCE PERIOD
1.4.2. ARTICLE 329(B)
Silence Period was observed in the states where Lok Sabha
• Recently, the Election Commission of India invoked elections were held.
Article 329(b) of the Constitution before the Supreme
Court to limit judicial intervention in the electoral • The silence period is a ban on political campaigning
process. before voting.
• As per 329(b), no election to either House of Parliament • It begins 48 hours before the voting day and ends after
or to the either House of the Legislatures of a State shall polling ends.
be called in question except by an election petition • Some prohibitions under the Representation of People
presented to such authority and in such manner as may Act 1951 during this period (however the Act does not
be provided for by or under any law made by the use the term silence period):
appropriate legislature. o Section 126 (1) prohibits displaying any election
o The articles 324 to 329 of the Indian Constitution, matter using television or similar apparatus, or
which are enshrined in Part XV, specifically deal propagation of election matters through any
with the provisions related to elections. entertainment (like musical concert).
• Supreme Court in N. P. Ponnuswami vs Returning
Officer, Namakkal Constituency & Ors. (1952) states
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 o Section 126A prohibits conducting Exit polls and o ten years of experience as Professor in a University
displaying their result (using print or electronic system or
media). o ten years of experience in an equivalent position in
o Section 126(1)(b) prohibits displaying the results of reputed research and / or academic administrative
any Opinion Poll (in any electronic media). organization.
• Supreme Court in Gambhirdan K. Gadhvi v. State of
1.4.5. WORLD PRESS FREEDOM INDEX Gujarat & Ors(2022) judgement stated that
(WPFI) 2024 o Being a subordinate legislation, UGC Regulations
becomes part of the UGC Act (1956).
• India ranked 159 among 180 countries in annual WPFI
o As 'education' falls under the Concurrent List (List
2024.
III) of the Seventh Schedule of the Constitution,
o It is released by Paris based Reporters Without
both the central and state governments have the
Borders (RSF), one of the world’s leading NGOs in
power to legislate on this subject.
defense and promotion of freedom of information.
✓ In the event of a conflict between state
o It is published on World Press Freedom Day (3
legislation and central legislation, the central
May).
legislation shall take precedence by invoking
o Theme: “A Press for the Planet: Journalism in the
the rule/principle of repugnancy as outlined
face of the Environmental Crisis”.
in Article 254 of the Constitution.
• About WPFI 2024
o Not part of verdict, but as per rule/principle of
o Top 3 rankers are Norway, Denmark and Sweden.
repugnancy, if a state law on a concurrent list
o Based on 5 indicators- Political, Economic,
contradicts an existing central law, the state law
Legislative, Social and Security.
shall prevail in that state, provided it received the
1.4.6. UGC REGULATION 2018 President's assent after being reserved for his
consideration.
• Recently, the vice-chancellor appointment in state o Therefore, any appointment as a Vice Chancellor
universities saw a clash between University Grants contrary to the provisions of the UGC Regulations
Commission (UGC) regulation 2018 and state can be said to be in violation of the statutory
legislation. provisions.
• UGC Regulation 2018 (UGC Regulations on Minimum
Qualifications for Appointment of Teachers and Other 1.4.7. DIPLOMATIC PASSPORT
Academic Staff in Universities and Colleges and
One of the incumbent Members of Parliament fled to
Measures For the Maintenance of Standards In Higher
Germany on a diplomatic passport after allegations of
Education, 2018)
sexual abuse.
o Empowered under University Grants Commission
Act, 1956, UGC enacted the regulation. Diplomatic passports
o Regulation is applicable on
• Eligibility: Issued to designated members authorised
✓ All universities established under Central,
by the Government of India. These persons could be
Provincial or State Acts.
○ Those living or having been granted a diplomatic
✓ All colleges and institutions affiliated to or
status; or
recognized by the UGC in consultation with the
○ Government officials proceeding abroad on
respective university.
diplomatic assignments or for official purposes.
✓ All institutions deemed to be universities by
• Validity period: 5 years or less.
the UGC.
• Issuance: External Affairs Minister has the discretion to
o Selection Of Vice Chancellor of Universities:
issue a Diplomatic Passport to a person if the person, in
✓ A Search-cum-Selection Committee will
the opinion of the minister, should have such a Passport
identify a panel of 3-5 suitable candidates.
either
✓ One member of the Search cum Selection
○ because of the nature of his or her foreign mission
Committee shall be nominated by the
or
Chairman of UGC, for selection of Vice
○ because of the position he or she holds or has held
Chancellors of State, Private and Deemed to be
in the past.
Universities.
• Advantage:
• The Vice-Chancellor to be appointed should be a
○ Immunity: Holders of such passports are entitled
distinguished academician, with a minimum of
to certain privileges and immunities as per

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 international law, including immunity from arrest, About Indian passport
detention, and certain legal proceedings in the • Passports and Visas are mentioned under the Union list of
host country. the 7th Schedule of the Constitution.
○ Exemption from Visa requirement in some • Issuance of passports in India is governed by the Passports
countries: Typically, MEA also issues visa notes to Act, of 1967 according to which:
○ All persons who depart or intend to depart from
Indian Government officials going abroad for an
India are required to have a valid passport or travel
official assignment or visit. document.
✓ However, India has Visa Waiver Agreements ✓ However, the Central government may exempt
for the holders of diplomatic passports with some people from the need for possession of a
Germany along with 33 other countries. passport.
✓ This agreement allows Indian diplomatic ○ Additionally, the Central Government may issue a
passport holders to visit these countries passport to a person who is not a citizen of India if
without a visa for up to 90 days. that Government believes that it is necessary so to do
in the public interest.
• There are three classes of passports issued in India:
Ordinary (blue colour), Diplomatic (white colour) and
Official (maroon colour)

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1. POLITY AND GOVERNANCE
1.1. COALITION GOVERNMENT
Why in the News?
Recently concluded 2024 General Elections of Lok Sabha resulted in formation of a coalition government at the centre
as no political party got a clear majority in the Lower House of the Parliament.
About Coalition Government
• It refers to a political arrangement where multiple parties collaborate to form a government when no single
party secures a clear majority in the legislature.
• Factors contributing for Coalition Government in India: Multi-party system, regional diversity and rise of
state parties, anti-incumbency factors, etc.
• Coalition governments in India can form through two main routes:
o Pre-election alliances: Parties form coalitions before elections, presenting a united front to voters.
o Post-election coalitions: Parties negotiate to form a government after election results, often when no pre-
election alliance gains a majority.

Significance of Coalition Government

• Broader representation: Coalitions often represent a wider range of interests and regions, potentially leading to
more inclusive policies and programmes.
• Checks and balances: Coalition partners can act as a check on each other, potentially reducing the risk of
authoritarianism and hasty policy decisions.
• Consensus building: Coalitions necessitate negotiation and compromise, potentially leading to more widely
accepted policies.
• Role of Lok Sabha: Coalition governments result in more vibrant and substantive debates in the Lok Sabha,
increased accountability of government.
• Cooperative federalism: Coalition governments have often included regional parties resulting in increased
bargaining power of states and decentralized approach to governance.
Challenges due to Coalition Government
• Political instability: Divergent interests of coalition partners can lead to frequent disagreements and government
instability. e.g., Fall of first NDA government in 1998 after just 13 months.
• Policy paralysis: Decision-making can be slow due to the need for consensus among coalition partners.
o e.g., Withdrawal of support by Left parties from the UPA-I government over Indo-US nuclear deal in 2008.
• Myopic decision-making: Frequent changes in coalition dynamics can result in hindering the implementation of
long-term strategies.
o e.g., Frequent changes in the Human Resource Development Ministry during the 2004-2014 led to inconsistent
policies in the education sector.
• Compromise on ideologies: Political parties may have to dilute their core ideologies to maintain the coalition.

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• Regionalism: Regional parties in coalitions often leverage their position to push for state-specific benefits, allocation
of resources to satisfy regional allies, etc.
• Foreign policy: Coalition dynamics can influence foreign policy decisions, particularly regarding regional issues.
o e.g., Stalled decision on Teesta Water Agreement in 2011.
Way Forward
• Political stability: Amend the Rules of Procedure of the Legislatures for adoption of a system of constructive vote
of no confidence. (NCRWC)
o Constructive vote of no-confidence means motion of no-confidence should be accompanied by a proposal of
alternative Leader to be voted simultaneously.
o If one or more parties in a coalition realign midstream with one or more parties outside coalition, then
members of that party/ parties shall seek fresh mandate from electorate. (ARC-II)
• Election of Prime Ministers: Provide for a mechanism for election of the Leader of Lok Sabha, along with the election
of Speaker, under the Rules of Procedure who may be appointed as the Prime Minister. (NCRWC)
• Transparency in functioning of coalition: Mandate regular public reporting on the progress of Common Minimum
Program implementation and introduce 'coalition impact assessments' for major policy decisions.
• Long-term policy strategies: Use of constitutional bodies like Inter-State Council and non-partisan bodies like
NITI Aayog in national policy formulation that transcends coalition politics.

1.2. DEMAND FOR NEW STATES

Why in the news?
Recently, June 2 marks the ten years of formation of Telangana State.
More on the news
• Andhra Pradesh Reorganisation Act, 2014, reorganizes the state of Andhra Pradesh by creating a separate state
called Telangana with Hyderabad as its capital.
• The move for a separate Telangana state was motivated by perceived regional inequality in the development.
• Recently, Bhil tribe demanded an independent tribal state i.e., Bhil Pradesh, comprising parts of Rajasthan,
Madhya Pradesh, Gujarat, and Maharashtra.
Procedure for Formation of New States
• Article 3: Provisions for formation of new States and alteration of
areas, boundaries or names of existing States. As per this,
o Power: Parliament may by law form a new State by separating
territory from any State, uniting two or more States, uniting parts
of States and uniting any territory to a part of any State.
o Presidential Recommendation: Such Bill shall be introduced in either House of Parliament only on
President’s recommendation.
o Consultation with State Legislatures: Before recommending a Bill, which affects area, boundaries or name of
any of States, President shall refer this Bill to Legislature of that State to express its view within a specified
time.
• Parliament can create a new state through ordinary legislation (i.e. with simple majority).
Factors driving Demand for New States in post-independence India
• Linguistic diversity: Language has been one of the major factors driving demand for creation of new states.
o For instance, creation of Maharashtra and Gujarat in 1960.
• Regional disparities: Underdevelopment in specific regions prompts statehood demands.
o Example: Demand for Vidarbha region of Maharashtra.
• Cultural identity: Various ethnic groups attempt to protect and preserve their ethnic, social and cultural identity
like language, race, language, customs etc.
o For example, the demand for the Statehood for the Bodoland region of Assam has been raised mainly on the
issue distinct tribal culture of the region, which is different from rest of the State.

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• Administrative efficiency: Smaller states are perceived to enhance governance and administrative efficiency.
o Example: Demand of Harit Pradesh from Uttar Pradesh

State Reorganization Commission/Committees

• S.K. Dhar Commission, 1948: Recommended re-organization on basis of administrative convenience rather
than linguistic factor.
• JVP Committee (named after its members Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya), 1948:
Rejected language as basis for reorganization of states.
• Fazl Ali Commission, 1953: Identified 4 factors for state reorganization i.e.
o Preservation and strengthening of unity and security of country.
o Linguistic and cultural homogeneity.
o Financial, economic and administrative considerations.
o Planning and promotion of welfare of people and nation as a whole.
• Fazal Ali Commission recommended for formation of 14 states and 6 UTs.
o Parliament implemented its recommendations through Constitution (7th Amendment) Act, 1956.

Argument in favour for creation of new states Argument in against for creation of new states
• Effective administrative efficiency: It leads to proper • Economic Strain: Setting up a new state's
utilization of resources. administrative machinery, infrastructure, and
o E.g. Telangana was able to utilise its water institutions requires significant financial
resources, resulting in increase of paddy resources.
production from 4.57 million metric tonnes (mmt) o For instance, according to estimates, about Rs.
in 2015 to over 20 mmt in 2023. 40,000 crore will be required to build
• Innovation: Smaller states can experiment more infrastructure and various government buildings
easily with innovations in governance and service in new capital of Telengana (Amravati).
delivery, which can be replicated across states if found • Resource Allocation: Dividing resources like
to be successful. water, power, or mineral wealth between a new
o E.g. Following the success of Organic farming in state and the existing one can lead to inter-state
Sikkim, Kerala Government has created an disputes.
Organic Farming Mission (in 2023) to turn the state o For instance, bifurcation of Andhra Pradesh
into an organic farming hub. and Telangana resulted in disputes over water
• Trade: Small States like Uttarakhand, Himachal sharing of river Krishna.
Pradesh and Goa tend to trade more than larger state • Boundary Disputes: Drawing new state
like Utter Pradesh, Madhya Pradesh etc (Economic boundaries can lead to territorial disputes with
Survey 2016-17). neighbouring regions. These disputes can be long-
• Better Development: It resulted in narrowing regional lasting and create tensions between communities.
disparities. o For instance, Belgavi dispute between
o In Uttarakhand, number of people living in Karnataka and Maharashtra.
multidimensional poverty has decreased to 9.67 • Pandora box: Creation of new states can further
% from 17.67% between 2015-16 and 2019-21 lead to the demand for and creation of other new
(Multidimensional Poverty Index 2023, NITI Aayog). states.

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Way ahead
• Development: Steps should be taken for equitable development of all regions within existing states, address
economic disparities and grievances that fuel demands for statehood.
• Expert committee: Creation of an expert committee engaging all stakeholders to investigate the demand/ impact
of creation of new states.
• Economic viability: No new state should be created unless it has the resources or revenue to incur at least 60% of
its expenditure from the day of its coming into existence.
• Clear Guidelines: Develop clear and objective criteria focussing on economic and social viability rather than
political considerations for creation of new states.

1.3. INTERNAL EMERGENCY

Why in the news?
The year 2024 marks the beginning of the 50th year since the imposition of internal Emergency on June 25, 1975.
About Emergency
• Emergency is a situation when democratic rights of people are suspended, and central government assumes
powers over state governments.
• Suspension of fundamental rights during emergency was incorporated from Weimar Constitution of Germany.
• Emergency Provisions are outlined in Article 352 to Article 360 under Part XVIII of Constitution.
• Rationale behind the incorporation of these provisions is to safeguard sovereignty, unity, integrity and security of
country, democratic political system, and Constitution.
Types of Emergencies
• National Emergency: President may, on advice of Cabinet headed by Prime Minister, issue a proclamation of
emergency if security of India or any part of country is threatened by “war or external aggression (external
emergency) or armed rebellion” (Internal Emergency). (Article 352)
o Till now, three times an emergency has been imposed in India i.e., 1962, 1971 on the grounds of war (India-
China; India- Pakistan), and 1975 due to an internal disturbance.
Note: This ground of “internal disturbance” was substituted by “armed rebellion” by Constitution (44th
Amendment) Act, 1978.
• President’s Rule (State or Constitutional Emergency): An emergency due to failure of constitutional machinery in
states. (Article 356)
• Financial Emergency: Due to threat to financial stability or credit of India or of any part of territory. (Article 360).
Procedure of Proclamation of Emergency
• Approval:
o It must be approved by both houses of Parliament within one month from date of its issue.
o If approved by both houses, Emergency continues for 6 months and can be extended to an indefinite period
with an approval of the Parliament for every six months. (44th Amendment Act 1978)
✓ If the dissolution of Lok Sabha takes place during period of six months without approving further
continuation of the emergency, then proclamation survives until 30 days from first sitting of Lok Sabha
after its reconstitution, provided Rajya Sabha in the meantime approved its continuation.
o Every resolution approving the proclamation of emergency, or its continuance must be passed by either House
of Parliament by a special majority. (44th Amendment Act 1978)
• Revocation
o Revoked by President at any time by a subsequent proclamation. Such proclamation does not require
parliamentary approval.
o Resolution for disapproval of continuation of National Emergency is required to be passed by Lok Sabha by
simple majority.

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Reasons for imposing Internal Emergency (1975-77)
• Economic context: Prices increased by 23 per cent in 1973 and 30 per cent in 1974. Such a high level of inflation
caused much hardship to the people.
• Gujarat and Bihar movements: Students’ protests in Gujarat and Bihar had far reaching impact on the politics of the
two States and national politics.
• Conflict with Judiciary: This was also the period when the government and the ruling party had many differences
with the judiciary such as appointment of Justice A. N. Ray as the Chief Justice of India.
Implications/Criticism of imposing Internal Emergency (1975-77)
• Political Impact
o Suspension of Civil Liberties: Government gets the power to curtail or restrict all or any of the Fundamental
Rights during the emergency.
✓ Newspapers were subjected to pre-censorship. Press Council was abolished, and many journalists,
activists were imprisoned.
o Centralization of power: Practically suspended federal distribution of powers and all the powers are
concentrated in the hands of union government (Prime Minister Office). Thus, altering legislative power of states.
✓ 42nd Constitutional Amendment Act (CAA), 1976 extended duration of Lok Sabha from five to six years.
o Crackdown on Dissent: Opposition leaders were arrested without trial under laws like Maintenance of Internal
Security Act, 1971 (MISA).
• Social Impact:
o Misuse of Power: There was widespread torture, custodial deaths, authoritative slum clearance drives were
conducted in major cities without adequate resettlement plans, displacing thousands of people.
o Impact on organisations: Religious and cultural organizations like Rashtriya Swayamsevak Sangh, Jamaat-E-
Islami, etc. were banned on apprehension of disturbance to social and communal harmony.
o Forced Sterilizations: The push for population control and family planning intersected with citizens’ rights to
personal autonomy and reproductive freedom.
• Institutional Impact:
o Judicial Independence: Independence of judiciary was compromised, with judges who were perceived as
unsupportive of government being transferred or side-lined.
✓ Government introduced 42nd constitutional amendment act, 1976 aimed at limiting scope of judicial
review.
• Erosion of trust: Arbitrary use of powers during Emergency eroded citizens' trust in governmental institutions.
Changes brought after Internal Emergency through 44th Amendment Act, 1978
• Written approval: Emergency can be proclaimed only on basis of
written advice by Cabinet to President.
• Fundamental Rights: Restricted scope of Article 359 i.e. Right to
protection in respect of conviction for offences (Article 20) and right
to life and personal liberty (Article 21) remain enforceable during
emergency.
o It omitted right to property as a fundamental right and made
it a constitutional right under Article 300A.
• Term of Lok Sabha: Back to 5 years from 6 years by amending
Articles 83 and 172.
• Removal of Article 275A: It dealt with power Government of India to
deploy any armed force of Union or any other force to deal with any
grave situation of law and order in any State.
• Judicial review: All doubts and disputes arising out of or in connection with election of a President or Vice-
President shall be inquired into and decided by Supreme Court.
Conclusion
The suppression of dissent and curtailment of civil liberties during the Emergency underscore the citizens’ role in
safeguarding democracy. Further, there is need to strengthen checks and balances within the democratic framework to
prevent concentration of power and uphold democratic principles.
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1.4. PROPORTIONAL REPRESENTATION
Why in the news?
Recently, experts in India have called to consider Proportional Representation (PR) for Lok Sabha and State Assembly
elections instead First-Past-The-Post (FPTP) electoral system.
Difference between First-Past-The-Post (FPTP) and Proportional Representation
First-Past-The-Post (Simple majority system) Proportional Representation
Geographical • Country is divided into small geographical • Large geographical areas are demarcated
unit units called constituencies or districts. as constituencies; the entire country may
be a single constituency.
Representation • Every constituency elects one • More than one representative may be
representative. elected from one constituency
Voting Process • Voter votes for a candidate. • Voter votes for the party
Seat • A party may get more seats than votes in • Every party gets seats in the legislature in
Distribution the legislature. proportion to the percentage of votes it
• The winning candidate may not secure the receives.
majority (50%+1) of votes.
Examples • U.S., U.K., Canada, India (Lok Sabha and • Israel, Netherlands.
State Legislative Assemblies).
Benefits • Simple to understand for common voters. • Ensures representation of all parties
• Facilitates the formation of a stable based on their vote share.
government. • Fairer treatment of minority parties and
• Encourages voters from different social independent candidates.
groups to come together to win an election • Fewer votes are wasted as more people’s
in a locality. preferences are taken into account.
Concerns • Over or under-representation of political • Can lead to fragmented legislatures with
parties compared to their vote share. multiple small parties.
• Does not ensure due representation for • May result in coalition governments which
minorities (small groups). can be less stable in parliamentary
democracy.

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Reasons for not adopting PR system by Constitution
• Difficulty for voters to understand the PR system due to its complexity.
• Unsuitability to parliamentary government due to tendency of system to multiply political parties leading to
instability in government.
• Highly Expensive and does not give any scope for organising by-elections.
• Eliminates intimate contacts between voters and representatives.
• Increases the significance of party system and decreases that of voter.
Way ahead
• Law commission Recommendation (170th report): Introduction of MMPR system on an experimental basis. It had
suggested that 25% of seats may be filled through a PR system by increasing strength of Lok Sabha.
o Incorporating MMPR system for incremental seats or allocating at least 25% from each State/UT could alleviate
apprehensions of smaller states (like Meghalaya) about FPTP system dominance by larger States.
• Increasing number of seats based on 2026 Delimitation Exercise: Over past five decades, uneven population
growth across regions complicates allocating Lok Sabha seats solely by population, potentially undermining
federal principles and causing state disenchantment.

1.5. MISSION KARMAYOGI

Why in the news?
Recently, Capacity Building Commission (CBC), launched in 2021, as part of National Programme for Civil Services
Capacity Building (NPCSCB) - Mission Karmayogi has completed three years.
About NPCSCB - Mission Karmayogi
• NPCSCB aims to create a professional, well-trained and future-looking civil service, that is imbued with a shared
understanding of India's developmental aspirations, national programs and priorities.
• NPCSCB cover all civil servants (including contractual employees) across different ministries, department
organisations and agencies of the Union Government.
o The willing state governments will also be enabled to align their capacity building plans on similar lines.

• Guiding Principles of Mission Karmayogi

o Shift from rule to role based training and capacity building: This means a shift from rule-based, supply-driven
capacity building to role-based, demand-driven capacity building.
o Moving to a competency driven approach for capacity development: Competencies can be defined as a
combination of attitudes, skills and knowledge (ASK) that enable an individual to perform a task or activity
successfully in a given job.
o 70-20-10 Mandate: 70% of learning comes from on the job experiences and reflections, 20% is derived from
working with others; and 10% comes from planned training.

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 o Link goal setting, planning & achievement: Mission Karmayogi aims to align learning and capacity building with
organisational goals and career goals of individual officials and performance measurement.
o Establishment of unbiased systems of evaluation: Under Mission Karmayogi, there will be objective, fair and
independent assessments to determine performance.
o Democratising and enabling continuous, lifelong learning opportunities.
o Move beyond silos in the Government
• Integrated Government Online Training (iGOT) Karmayogi Platform: Act as a launchpad for Mission Karmayogi.
o It is a comprehensive online portal to guide government officials in their capacity building journey.
o Performance of all users of iGOT-Karmayogi platform is monitored and evaluated on key performance
indicators including individual learner, supervisor, content provider and creator etc.
Significance of NPCSCB - Mission Karmayogi
• Professional Growth: Evolving roles of civil servants offer opportunities for officers to continuously build and
strengthen their behavioural, functional and domain competencies enhancing professional growth.
• Uniform Training Approach: It harmonises training standard nationwide, promoting a uniform approach in
managing and regulating capacity-building through collaboration and shared resources.
• Reducing Training Cost: Encourage Central Ministries and departments to prioritize online courses, invest
resources in co-creating and sharing learning processes, and reduce spending on foreign training.
• ⁠Inspiring to-be Civil Servants: The values and ideals propagated by Mission Karamyogi would inspire ethical
conduct in aspiring Civil Servants as well. This could help check the rising cases of dishonesty in Civil Services
examination (refer to Article 9.2 of the magazine for detailed analysis on frauds in Civil Services Examination).
• Ease of Doing Business: Creating policies and delivering services conducive to economic growth.
• Citizen-centric: The shift from traditional rule-based governance to a more dynamic, role-based approach will to
address challenges like working in silos, foster teamwork, and enhance service delivery.
Other initiatives taken for Civil Servants
• National Standards for Civil Service Training Institutions (NSCSTI): It was developed by Capacity Building
Commission to create a baseline for Central Training Institutes (CTIs) on their current capacity for elevating their
quality and capacity of training delivery and to harmonise standards for training.
o Standards will equip CTIs to help civil servants tackle emerging challenges of 21st century.
• Aarambh: Launched by Government of India in 2019, it is first ever common foundation course for civil servants
training.
• National Training Policy: It was adopted in 1996 and reviewed in 2012 to develop professional, impartial and
efficient civil servants that are responsible to needs of citizens.
Concerns associated with NPCSCB - Mission Karmayogi
• Scalability: Given the vast number of government officials (1.5 crore) across different levels, effectively scaling
training and capacity-building initiatives could be difficult.
• Over-centralization: It emphasis on training and learning through a centralized institutional framework may lead to
resistance from states, affecting implementation and desired outcomes.
• Resistance: Indian bureaucracy is alleged to be status-quoist, reluctant to change and thus, a reform at this scale
may face several resistances within the bureaucracy.
• Relevance to Job Functions: Designing training modules for civil servants, tailored to address the specific issues,
needs, and demands of citizens poses a challenge.
o For example, the issues faced by civil servants in Himalayan states differ significantly from those in desert areas.
Conclusion
Mission Karmayogi is a bold initiative of Government of India to democratize the training process and address the issues
in existing system, such as complexity and red-tapism, silo culture etc. Further, constant evolving training programs to
match needs to civil servants, cooperation with states etc. can reform civil services and empower them to deliver
services effectively and efficiently.

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 Capacity Building Commission
• It was constituted through Gazette of India in 2021, issued by Department of Personnel and Training (DoPT).
• It was established as an independent body with complete executive and financial autonomy.
• CBC comprises of three Members and is supported by an internal Secretariat. Secretariat is headed by an
officer in grade of Joint Secretary to GoI (designated as Secretary to CBC).
o Members have been appointed from diverse backgrounds to ensure adequate representation of multiple
perspectives like those of state governments, public sector, private sector, academia etc.
• Its core purpose is to build credibility and shape a uniform approach to capacity building on a collaborative and
co-sharing basis.
• Functions of CBC
o Facilitate preparation of Annual Capacity Building Plans of departments, ministries and agencies.
o Preparing an Annual State of Civil Services Report.
o Approving Knowledge Partners for Mission.
o Evolving a harmonious, de-siloed approach to capacity building initiatives.

1.6. ONLINE MISINFORMATION

Why in the News?
United Nations unveiled the “Global Principles for Information Integrity: Recommendations for Multi-stakeholder
Action” for curbing the spread of online misinformation, disinformation, hate speech.
About Online Misinformation
• Misinformation refers to false or misleading content shared without harmful intent, though it can still be harmful.
o False or misleading content spread with the intent to deceive or gain economically or politically, causing
public harm are termed as disinformation.
• The speed and ease of spreading posts on social media exacerbate the problem, making it difficult to provide
corrective information.
o Around half of the world's population has internet access, enabling the rapid creation, sharing, and
consumption of information.

What could be negative impacts of online misinformation

• Information Bubbles: Algorithms create information bubbles that reinforce prejudices such as racism, misogyny,
and various forms of discrimination.
• Threats to Democracy: Misinformation can influence election outcomes by misleading voters about candidates,
undermines trust in public institutions and the media.
• Difficulty in Achieving SDG: Online misinformation can worsen existing vulnerabilities in achieving the
Sustainable Development Goals (SDGs). For example,
o misinformation and coordinated disinformation campaigns undermine climate action, with activities like
Green washing, etc.
o Misinformation on social media about fertility issues, increased rates of cancer, and potential autoimmune
diseases was spread regarding COVID-19 vaccines.

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• Adverse Impact on Economy: Online misinformation can create panic or unrealistic expectations in financial
markets within a short span of time causing unnecessary volatility and potential economic losses.
Challenges in tackling online misinformation
• Rapid Digital Platforms: The unprecedented speed of digital platforms, including artificial intelligence, poses
significant threats to information integrity.
• Remoteness of Readers: Fact-checkers are often disconnected from readers, who may be unaware of any
corrections or invalidations provided.
• Data Encryption Technologies: Encrypted platforms like WhatsApp make it difficult to monitor and counteract
misinformation.
• Media Illiteracy and Vulnerability: Older adults are more susceptible to misinformation online.
o For instance, those over 65 are three to four times more likely to share false news compared to younger
individuals.
• Engaging Content: Simple and humorous memes, tweets, and multimedia messages (videos or audio) are easily
digestible for all audiences, including those less accustomed to text-heavy content.
Initiatives taken to tackling online misinformation
• Social Media 4 Peace: By UNESCO aims to strengthen the resilience of societies to potentially harmful content
spread online in particular hate speech inciting violence.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 prevents
intermediaries from hosting, storing or publishing any unlawful information, which is prohibited under any
law.
• Information Technology (IT) Act, 2008 can be used to penalize those who spread fake news through electronic
communication.
• Bharatiya Nyaya (Second) Sanhita, 2023 has provisions for fake news including through electronic means
• PIB-Fact Check Unit (FCU): FCU is mandated to counter misinformation on Government policies, initiatives and
schemes either SUO MOTU or under a reference via complaints.
Way ahead
UN’s “Global Principles for Information Integrity” provides following 5 principles for curbing online misinformation
and upholding human rights such as freedom of expression:
• Societal Trust and Resilience: Enforce robust and innovative digital trust and safety practices, across languages
and contexts with a focus on protecting vulnerable groups (women, older persons, children, etc.)
• Healthy Incentives: Adopt business models guided by human rights that do not depend on algorithm-driven
advertising based on behavioural tracking and personal data.
• Public Empowerment: Technology companies should empower users to provide input on trust, safety, privacy
policy, and data and should ensure interoperability with services from different providers.
o Focus on digital literacy training, especially for new Internet users and those lacking access.
• Independent, Free and Pluralistic Media: States and tech companies should ensure press freedom and journalist
safety. Support public interest news organizations, journalists, and media workers,
• Transparency and Research: Increase transparency by tech companies to understand information spread, data
use, and risk management.
o Improve data access and quality for diverse researchers while ensuring privacy to fill research gaps and
inequalities. Protect academics, journalists, and civil society from fear or harassment.
At a time when billions are exposed to false narratives, distortions, and lies, it is crucial to prioritize a safer and more
trustworthy information ecosystem. In the words of UN Secretary-General António Guterres, “No one should be at the
mercy of an algorithm they don’t control, which was not designed to safeguard their interests, and which tracks
their behaviour to collect personal data and keep them hooked”.

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 Related News
World Summit on the Information Society (WSIS)
India participated in International Telecommunication Union’s (ITU) WSIS+20 Forum High-Level Event 2024 in Geneva,
Switzerland.
• WSIS+20 Forum marks 20 years of progress made in implementation of outcomes of WSIS, which took place in
two phases in Geneva (2003) and Tunis (2005).
About WSIS
• WSIS forum is co-organised annually by ITU, UNESCO, UNDP and UNCTAD and co-hosted by ITU and Swiss
Confederation.
• Aim: Create multi- stakeholder platform to address issues raised by information and communication
technologies through inclusive approach at national, regional and international levels.
• Goal: To build a people-centric, inclusive and development-oriented Information Society, enabling universal
access, utilization, and sharing of information.

1.7. NEWS IN SHORTS

1.7.1. NEW CRIMINAL LAWS COME INTO Bharatiya Criminal • Detention of
EFFECT FROM JULY 1 Nagarik Procedure undertrials: Accused
Suraksha Code, 1973 detained for half the
The three new criminal laws were passed by Parliament
Sanhita maximum sentence
in 2023.
2023 must be released on
• Section 106(2) of the Bharatiya Nyaya Sanhita bond, except for death
(BNS), which provides for punishment in hit and run penalty or life
cases, has been put on hold. imprisonment cases,
• Significance of new criminal laws or those with multiple
o Reformative justice: Such as community pending charges.
service instead of imprisonment. • Signatures and finger
o Modernising the justice system: for ex Indian impressions:
Penal Code (1860) is outdated and does not Magistrate of the first
reflect current norms of criminal jurisprudence. class can order an
o Seamless flow of information: Designed to accused person, to
improve coordination and collaboration give specimen
between parties involved in investigation and signatures or finger
judicial proceedings. impressions or
handwriting or voice
New Act Replacing Major Points samples.

Bharatiya Indian • Community services Bharatiya Indian • Electronic and digital

Nyaya Penal for petty offense such Sakshya Evidence records are granted
Sanhita Code,1860 as including Adhiniya Act, 1872 equal legal status as
2023 attempted suicide to m 2023 paper documents.
obstruct public • Oral evidence
servants' duties. comprises all
• Sexual acts against statements, including
women under 18 are electronic ones,
classified as rape, permitted or required
regardless of consent. by the Court from
• Terrorist act is defined witnesses regarding
as a separate offence. matters under inquiry.

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To know more about the 3 criminal laws, refer to Article ✓ DGPS will have powers to make regulations
1.1 Criminal Law Reform Acts of the December 2023 on matters such as charges for services,
Monthly Current Affairs Magazine. supply and sale of postage stamps.
o Powers to intercept postal articles:
1.7.2. TELECOMMUNICATIONS ACT, 2023 ✓ Government can intercept an article
Multiple sections of Telecommunications Act, 2023 transmitted through India Post on specified
came into effect. grounds
✓ Grounds include security of the State,
It aims to amend the law relating to development, friendly relations with foreign states,
expansion and operation of telecommunication services public order, emergency, or public safety.
and telecommunication networks and is guided by o Exemptions from liability: Post office will not
principles of Inclusion, Security, Growth, and incur any liability with regard to its services,
Responsiveness. except such liability as may be prescribed with
• It repeals Indian Telegraph Act 1885 and Indian regard to a service provided by the Post Office.
Wireless Telegraphy Act 1933 owing to huge o There are no penal provisions prescribed in the
technical advancements in telecom sector and Act.
technologies.
• Importance of the Act
Salient features of Act that comes into force
o It creates a simple legislative framework for
• Define various terminologies like delivery of citizen centric services, banking
telecommunication, spectrum, user etc., thereby services and benefits of Government
reducing uncertainties and improving investor schemes at the last mile.
confidence and ease of doing business. o It enhances the ease of doing business and
• RoW (Right of Way) framework shall be granted on ease of living.
a non-discriminatory and non-exclusive basis.
• Central Government may notify standards and Postal System During British Era
conformity assessment measures for • The East India company opened its first post
telecommunication services, networks, security, office in 1727.
distribution and sale of telecommunication • Lord Dalhousie recognized the Indian Post Offices
equipment; etc. as a separate organization of national
• Protection of users (by Central government) importance.
which include prior consent to receive specified • Present site of the General Post Office of Kolkata
messages like advertising messages, creation of Do was the site of the first Fort William.
Not Disturb registers, etc.
• Expands scope of Universal Service Obligation 1.7.4. 74 WOMEN MPS IN 18 TH LOK
Fund which will now become Digital Bharat Nidhi SABHA
(under control of central government).
o This fund can be used to support research and Election of 74 women to 18th Lok Sabha (LS), accounting
development of telecommunication services, for 13.6% representation in Lok Sabha, is a slight dip in
technologies, products and pilot projects. women representation as 78 women were elected to
17th LS (14.4% representation).
Significance of Act
Status of women representation in Legislature
• Enhancing security and quality in
telecommunication services. • 9.7% of 797 women contestants won in 18th LS
• Gives greater emphasis to consumer protection elections while in 17th LS elections, 10.74% of 726
and national security. women contestants won.
• Women’s representation in LS increased from 5% in
1.7.3. THE POST OFFICE ACT 2023 COMES first LS to its highest in 17th LS (14.4%).
INTO EFFECT • Presently, women members constitute 14.05% of
Rajya Sabha members.
It repeals the Indian Post Office Act, 1898. • Globally, share of women in national parliaments is
• Provisions of the Post Office Act, 2023 26.9%.
o Director General of Postal Services (DGPS)
will be appointed to head India Post.
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Significance of women representation: 1.7.5. SELF DECLARATION CERTIFICATES
• Women legislators perform better in their
Ministry of Information and Broadcasting declares
constituencies on economic indicators than their
Self-declaration certificate (SDC) mandatory for all new
male counterparts.
advertisements
• Accounting for around 50% population, legislative
representation is fundamental to political • As per the Supreme Court (SC) directive, no
empowerment. advertisement will be permitted to run on
• Women are less likely to be criminal and corrupt, television, print media, or the internet without a
more efficacious, and less vulnerable to political valid SDC.
opportunism. • SDC, signed by an authorized representative of
the advertiser/advertising agency, needs to be
Challenges to women’s legislative representation:
submitted through these portals.
• Societal Prejudices, male dominated political o Broadcast Seva Portal for TV and Radio
structures, and family obligations. Advertisements.
• Structural disadvantages: Election campaigns are o The Press Council of India's portal for print and
costly, time-consuming and are marred by digital/internet advertisements.
inappropriate commenting, hate speeches, abusive • SDC will certify that the advertisement:
threats and muscle power. o Does not contain misleading claims.
• Internalised patriarchy: Women themselves are o Complies with all relevant regulatory
often influenced by patriarchal societal norms. guidelines, including:
✓ Those stipulated in Cable Television
Networks Rules, 1994.
✓ The Norms of Journalistic Conduct of the
Press Council of India.

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Significance of the step unfair trade practices and false advertisements
which are prejudicial to the interest of the public.
• Ensure transparency and accountability: By
• Ensure better implementation of Legislations and
preventing misleading advertisements being
Rules: Like complaints registered under Guidelines
published with no accountability on the part of the
for Prevention of Misleading Advertisements and
manufacturers, promoters and advertisers.
Endorsements of Misleading Advertisements, 2022.
• Ensure consumer protection: By
preventing violation of the rights of the consumers,

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1. POLITY AND GOVERNANCE
1.1. SPECIAL PACKAGES
Why in the news?
Recently, the Chief Ministers of Bihar and Andhra Pradesh had demanded special financial packages for their respective
States.
More about News
• Special Packages for both states Bihar and Andhra Pradesh were announced in Union Budget 2024-25.
• Announcements made:
o Irrigation and Flood Mitigation: Financial support of Rs. 11,500 crore to projects such as the Kosi-Mechi intra-
state link and other schemes in Bihar.
o Purvodaya: Vikas bhi Virasat bhi: Plan for endowment rich states in the Eastern parts covering Bihar, Jharkhand,
West Bengal, Odisha and Andhra Pradesh for generation of economic opportunities to attain Viksit Bharat.
o Update on Andhra Pradesh Reorganization Act 2014:
✓ Financial support of ₹15,000 crores will be arranged in FY 24- 25.
✓ Completion of Polavaram Irrigation Project ensuring food security of the nation.
✓ Essential infrastructure such as water, power, railways and roads in Kopparthy node on the
Vishakhapatnam-Chennai Industrial Corridor and Orvakal node on Hyderabad-Bengaluru Industrial
Corridor.
About Special Packages to States
• Special Packages refers to support provided to states facing geographical and socio-economic challenges,
offering them additional financial assistance and other benefits.
• Constitution has provisions that address the issues of specific States, or States that have a special status with
regard to certain matters mentioned in the Constitution.
o For instance, in Articles 371A to H.
• On the contrary, special packages are purely discretionary. They may be need-based, but the need is not the
proximate reason for granting a special package.
o It is an additional grant under Article 282, which falls under ‘Miscellaneous Financial Provisions’.
o Article 282 (Discretionary Grants): Empowers both Centre and states to make any grants for any public
purpose, even if it is not within their respective legislative competence.

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Implications of giving Special Packages to States
• Fiscal prudence: Providing special packages would potentially increase fiscal burden on the Centre and also on
other States.
• Governance issues: Effective utilization of special packages depends on state’s administrative capacity. However,
poor governance can lead to mismanagement, underutilization and leakages of funds, undermining the utility of
granting additional resources.
• Dependency: Short-term gains from special packages may discourage structural reforms to ensure long-term
self-reliant growth, and may lead states to become dependent on central assistance.
• Federal issues: Unequal or politically motivated distribution of special packages can strain relationship
between central and state governments.
o Further, states not receiving special packages might feel neglected leading to inter-state and centre-state
conflicts.
• Social Unrest: Perception of uneven or unfair distribution of benefits might lead to social unrest and dissatisfaction
among the different communities in the state.
Way ahead
• Framework: Develop clear, objective framework for allocation of special packages based on measurable criteria like
poverty levels, infrastructure deficits, disaster impact etc. and to reduce influence of political lobbying.
• Customized development plans: Create customized initiatives to meet each state's specific needs, focusing on
areas like infrastructure and employment.
• Public-Private Partnerships: Engaging private sector to mobilise additional funding, expertise and to reduce fiscal
burden on centre.
• Monitoring: Implement strict monitoring and evaluation mechanisms, enhance state’s administrative efficacy to
plug leakages, address misuse of funds and ensure efficient utilisation of state’s revenue and central grants.
• Decentralization: By providing greater fiscal autonomy, decision-making authority, and prioritizing spending as per
local needs, it can reduce demand for special packages.
o E.g. 14th Finance Commission recommended that Centre should intervene in schemes where there are large
externalities or national priorities involved.

1.2. AUDITING OF LOCAL BODIES

Why in the news?
Recently, International Centre for Audit of Local Governance (iCAL) was
inaugurated in Rajkot, Gujarat.
More on news
• It is the first in country and aims to set global standards for
auditing local governance bodies.
• About iCAL
o It is a collaborative platform for policymakers and auditors and
would serve as a centre of excellence for capacity building of
auditors.
o It enhances independence of local government auditors to ensure improved financial performance
assessment, and service delivery.
o It acts as a knowledge centre and think-tank for addressing governance issues at grassroot levels.

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About Local Self Governance and its Audit
• 73rd and 74th Constitutional Amendment Act, 1992 added Part IX (Eleventh Schedule) and IX-A (Twelfth Schedule)
respectively which contains provisions on local self-governance.
o It mandated that State governments constitute panchayats (at village, block and district levels) and
municipalities (in form of municipal corporations, municipal councils and nagar panchayats) in every region.
o In 2020, Ministry of Panchayati Raj developed AuditOnline application to conduct online audit of panchayat
accounts, ensure accountability in utilisation of funds at ground level.
✓ It has been awarded the World Summit on Information Society Prizes 2023 at International
Telecommunication Union (ITU), Geneva.

• Current Auditing Mechanism of Local Bodies

o CAG’s mandate for audit of Local Bodies flows from CAG’s (Duties, Powers and Conditions of Service) Act,
1971.
✓ CAG exercises control and supervision over proper maintenance of accounts and auditing for all three
levels of Panchayati Raj Institution (PRIs)/Urban Local Bodies (ULBs).
o It is done through Examiner of Local Fund Accounts (ELFA) or Director of Local Fund Accounts (DLFA) in most
states. It audits utilization of funds granted by state government to local bodies.
✓ ELFA/DLFA work under technical guidance and supervision of CAG.
Importance of Auditing of Local Bodies
• Financial accountability: Audits safeguard public funds by detecting and preventing fraud, corruption, and
financial mismanagement through rigorous scrutiny of expenditures and adherence to financial regulations.
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• Performance evaluation: Audits serve as a critical performance evaluation tool for local bodies in examining
operations and comparing results against established benchmarks.
• Service delivery: Audit reports findings, recommendation have potential of creating tangible difference in public
service delivery, strengthen local bodies and foster grassroots democracy.
• Democratic participation: Auditing activity strengthens governance by increasing citizens engagement e.g.
social auditing under Mid-Day Meal Scheme.
• Public trust: Auditors help government organizations achieve accountability and integrity, improve operations,
and instil confidence among citizens and stakeholders.
• Decentralisation: Audit observations/findings w.r.t. to status of devolution of functions, funds and functionaries
aids in identifying issues, further strengthening decentralisation.

Decentralisation & Inclusive Development

• Participation: Decentralization allows local communities, including marginalized groups, to have a say in
decision-making processes, ensuring their participation in decision making process.
o E.g. Back to Village Programme (J&K) aimed at energizing Panchayats and directing development efforts
through community participation.
• Tailored Solutions: Local governments are better positioned to understand and respond to specific challenges
faced by community.
o E.g. Development of road to enhance access to ambulance and hospitals for pregnant women in district Vyara
(Gujarat).
• Political Representation: Decentralisation aids in empowering marginalised and vulnerable sections of society
by providing them representation.
o Elected women representatives constitute 46% of total PRI representatives.
• Development: Decentralization promotes development at local level by effective devolution of powers, leading to
tangible outcomes.
o E.g. As of December 2022, more than 5.17 crore assets have been constructed and geo-tagged under
MGNREGA.
• Equity in healthcare: E.g. WHO Alma Ata Declaration on Primary Health Care of 1978 promoted
decentralization of services among communities to achieve greater equity in access to health care.
• Water Management: Decentralisation brings government closer to people, aids in tapping traditional
knowledge/practices to sustainably manage resources.
o E.g. Atal Bhujal Yojana aim to community led sustainable ground water management.
Thus, by empowering local bodies, augmenting their resources, capacity building of functionaries, monitoring and
engaging stakeholders such as minorities, civil society organisation etc., local bodies can foster inclusive
development.

Issues associated with Auditing of Local Bodies

• Poor Record Keeping: Many local bodies’ financial records are incomplete, inconsistent, and further lack uniform
auditing standards across different states and local bodies, leads to variations in the quality of audits.
• Lack of Skilled Personnel: Local bodies often face a shortage of qualified auditors for maintaining accounts. This
can lead to inadequate or superficial audits, missing critical issues.
• Overlapping Jurisdictions: The division of auditing responsibilities between different agencies, such as state audit
departments, local government auditors, and CAG can create confusion and inefficiencies.
• Out-dated procedures: In many States, the formats and procedures for maintenance of accounts by local bodies
were framed decades ago, and are continued without any improvements despite manifold increase in their
powers, resources and responsibilities. (Eleventh Finance Commission)
• Low Awareness: General public and local community members often lack awareness of the audit processes and
their significance, leading to reduced public scrutiny and accountability.
Way ahead (2nd ARC Recommendations)
• It should be ensured that audit and accounting standards and formats for Panchayats are prepared in a way which
is simple and comprehensible to the elected representatives of PRIs.

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• The independence of DLFA or any other agency responsible for audit of accounts of local bodies should be
institutionalised by making the office independent of the State administration.
o The head of this body should be appointed by State Government from a panel approved by CAG.
• Audit reports on local bodies should be placed before State Legislature and these reports should be discussed
by separate committee of State Legislature on the same lines as the Public Accounts Committee.
• Access to relevant information/records to DLFA/designated authority for conducting audit or CAG should be
ensured by incorporating suitable provisions in the State Laws governing local bodies.
• Each State may ensure that the local bodies have adequate capacity to match with standards of accounting and
auditing.
To know more about the Finances of PRIs, refer to Article 1.2 on Finances of PRIs in January 2024 Monthly Current Affairs
Magazine.

1.3. CENTRAL BUREAU OF INVESTIGATION (CBI)

Why in the news?
Recently, Supreme Court in State of West Bengal v. Union of India case (2024) upheld the maintainability of West
Bengal government’s suit against the Union over registration and investigation of cases by CBI despite revocation of its
general consent in 2018.
More on news
• In suit (filed under Article 131), State accused the Union of constitutional overreach and violation of federalism
by unilaterally employing CBI without State’s prior consent.
o Article 131 deals with Supreme Court's original jurisdiction in a dispute between Centre and one or more
states.
Central Bureau of Investigation (CBI)
• Genesis: Established in 1963 on recommendation of Santhanam Committee on Prevention of Corruption (1962-
64).
• Ministry: Ministry of Personnel, Pension & Public Grievances.
• Status: Non-statutory and Non-constitutional body. It is governed by Delhi Special Police Establishment (DSPE)
Act, 1946.
• About: Premier investigating police agency in India, which coordinates investigation on behalf of Interpol Member
countries.
• Motto: Industry, Impartiality and Integrity.
• Vision: Combating corruption in public life, curbing economic and violent crimes through meticulous investigation
and prosecution; fight cyber and high technology crime etc.
• Composition: Headed by Director (assisted by special director or an additional director), joint directors, deputy
inspector generals, superintendents of police and all other usual ranks of police personnel.
o In 2021, President promulgated two ordinances to extend the tenures of Directors of CBI and Enforcement
Directorate (ED) for up to five years, from fixed tenure of two years.
• Types of cases investigated by CBI: Anti-corruption, Economic offences, Special crimes and Suo-moto.
• Consent of State for CBI
o General: CBI is not required to seek fresh permission every time it enters that state in connection with
investigation or for every case.
✓ Section 6 of DSPE Act empowers state government to give or deny consent to CBI officer.
✓ Apart from West Bengal, other states like Punjab, Telangana etc. have also withdrawn their general consent.
o Specific: CBI would have to apply to the state government in every case.

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 Important Judicial Pronouncement related to CBI
• Common Cause vs Union of India, 2019: SC held that Central Government shall appoint CBI Director on
recommendation of Committee consisting of
o Prime Minister (Chairperson).
o Leader of Opposition recognized as such in Lok Sabha or where there is no such Leader of Opposition, then,
Leader of single largest Opposition Party in that House (Member).
o Chief Justice of India (CJI) or Judge of SC nominated by CJI (Member).
• CBI v. Dr RR Kishore, 2023: SC declared that its 2014 judgment in ‘Subramanian Swamy versus Director, CBI and
another’ case, which declared Section 6A of DSPE Act 1946 as unconstitutional, will have retrospective effect.
This means that Section 6A is held to not be in force right from the date of its insertion.
• CPIO CBI versus Sanjiv Chaturvedi, 2024: Delhi High Court held that Section 24 permits disclosure of
information regarding allegations of human rights violations and corruption and exemption provided to scheduled
organisations does not totally exempt CBI from purview of RTI Act.
• Vineet Narain v Union of India (1997): Commonly called the Jain Hawala Case—SC had struck down the 1969
“Single Directive” of the Union Government, a consolidated set of instructions issued to the CBI by various
ministers on the modalities of initiating and registering cases.

Concerns associated with CBI

• Vacant posts: Vacancies in executive ranks, law officers etc. of CBI are not being filled up at the required pace,
thereby increasing pendency of cases, hindering operational efficiency and investigative capabilities.
o For instance, total of 1709 posts are vacant in CBI against its sanctioned strength of 7295 as of March 2023.
(Parliamentary Standing Committee on Personnel, Public Grievances, Law And Justice report)
• Lack of transparency: Details of cases registered with CBI, progress made in their investigation and related final
outcome are not available in public domain.
• Withdrawal of Consent: Considering provisions of DSPE Act (Section 6), consent of State government is a
prerequisite for any investigation making its investigation dependent upon sates approval.
o Nine States have withdrawn the general consent, hampering investigation of cases.
• Loss of credibility: CBI has been criticised for its mismanagement of several cases involving prominent politicians
and mishandling of several sensitive cases like Bofors scandal, Hawala scandal, etc.
• Administrative hurdles: For conducting inquiry or investigation on Central Government employees (Joint Secretary
level and above), prior approval of Central Government is required, hindering its capacity to combat corruption at
higher levels of bureaucracy.
• Funding issues: Inadequate investment in personal, training, equipment or other support structures, and
underutilisation of funds, adversely hampers effectiveness of CBI.
• Lack of autonomy: CBI operates under the administrative control of Department of Personnel and Training and
government's significant role in appointing senior officials, raises concerns about agency's independence.
Way ahead
• Recommendations of Parliamentary Standing Committee on Personnel, Public Grievances, Law And Justice
o Director of CBI should monitor the progress made in filling up of vacancies on quarterly basis.
o Maintain a case management system which would be a centralised database (accessible to the general public)
containing details of cases registered with it and the progress made in their disposal.
o Need to enact a new law and define the status, functions and powers of CBI and lay down safeguards to
ensure objectivity and impartiality in its functioning.
o Percentage of officers inducted through deputation at level of Inspector of Police be restricted to 10% and
40% officers may be recruited through Direct Recruitment/Limited Departmental Competitive Examination.
o Publish case statistics and annual reports on its website.
o State's consent clause' should be removed only in such cases that are considered to be a threat to nation's
security and integrity.
To know more about the Right to Information Act, refer to Article 1.4 on Right to Information in November 2023 Monthly
Current Affairs Magazine.

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1.4. CONSTITUTION OF INDIA AND FRANCE
Why in the News?
French President formally accepted the resignation of Prime
Minister and asked him to continue running the caretaker
government until the appointment of the next government.
Similarities between the Constitution of India and France
• France became a republic from a monarchy following
the French Revolution.
o India was inspired by the French revolution. Tipu
Sultan, the ruler of Mysore in the late eighteenth
century, planted the Tree of Liberty in his capital
Seringapatam and called himself ‘Citizen Tipoo’.
• Since then, France has had numerous constitutions over the last two centuries, and the current one is the Fifth
Republic, adopted in 1958.
o The First Republic came into existence in 1793 following the French Revolution, the Second in 1848, the Third in
1875, and the Fourth in 1946.
• Both the countries have a written constitution which is based on the Ideals liberty, equality and fraternity
outlined in French Revolution.
• Both the countries have popular sovereignty wherein citizens enjoy 'universals adult franchise'.
• Both the Countries have a Bicameral Parliament.
o In France, Members of Lower House (National Assembly) are elected by direct universal suffrage for five
years whereas Members of Upper House (Senate) are elected through indirect universal suffrage and
renewable by half every three years.
• Provision of emergency is also enshrined in the Constitution of both the countries.
Contrasting Features of Constitution of India and France

Specification India France

Mechanism of People exercise their sovereignty through People exercise their sovereignty through their
expressing their representatives representatives and by means of referendum.
Popular
Sovereignty

President is The President is elected indirectly for a The President is elected for a term of five years by
the Head of period of five years. direct universal suffrage.
the State There is no limit on the number of terms of No one may carry out more than two consecutive
the President. terms of office

System of Parliamentary: Parliamentary form of Semi-Presidential System: system features both a

Government government which is federal in structure President (elected by universal direct suffrage) and
with certain unitary features. a Prime minister, with the President having
substantial powers.

Prime • The Constitution provides for the • The President appoints the Prime Minister and
Minister is Council of Ministers Headed by the the members of the government (on the
Head of the Prime Minister to aid and advise the recommendation of the Prime Minister).
Government President. • The purview, competences, responsibilities
• Strength, roles and Responsibilities and tasks of each minister are not fixed. They
of Council of Ministers is provided in are freely determined by the Prime Minister and
the Constitution. the President.

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 Justice • Integrated judicial system, meaning Judicial authorities are divided into distinct entities
system that the decisions made by higher between the legal jurisdictions responsible for
courts are binding on the lower courts. settling disputes between individuals, and the
• Also, the appellate system exists in administrative jurisdictions for disputes between
India. citizens and the public authorities.

Involvement No provision Constitution provides for Economic, Social and

of Civil Environmental Council (CESE), a consultative
Society assembly, whose primary purpose is to get civil
society involved in the government’s economic,
social and environmental policies.

1.4.1. ELECTION OF PRIME MINISTER IN NEPAL

Why in the News?
Recently, Shri K. P. Sharma Oli was sworn in as Nepal’s Prime Minister for the fourth time to lead a new coalition
government.
More about the News
• Since the monarchy's abolition in 2008, Nepal has experienced 14 governments, highlighting its instability.
• Unlike Quasi-Federal republic of India, Nepal's 2015 constitution established it as a federal democratic republic.
However, Constitution of both the countries have many similar features.
Constitutional Similarities Between India and Nepal
• Secular State: Both protect religious freedom.
• Fundamental Rights: Comprehensive fundamental rights, including socio-economic rights to the Citizens.
• Bicameral Parliament: The executive branch is accountable to the legislature.
• Head of the Government: The President is the ceremonial head, while the Prime Minister is the real head of
government.
• Affirmative Action: Includes provisions for marginalized groups to promote inclusivity.
• Other Features: Every adult citizen has the right to vote, multi-party-political system, constitutional supremacy and
an independent judiciary, with the Supreme Court as the ultimate interpreter of the Constitution.
Reasons for Political instability in Nepal
• Multiparty system: Many parties representing different ethnic, regional, and ideological interests, make it hard for
any single party to secure a majority, leading to fragile coalition governments.
• Mixed electoral system: Unlike India which follows first past the post system (FPPS) for election of Members of
House of representative, Nepal follows both of first past the post system and proportional representation (PR).
o PR not only ensures broader representation and inclusivity, but it also contributes to the proliferation of
smaller parties which may hold significant sway in coalition governments, leading to instability.
o Sometimes, it becomes more complicated when the size of the Council of Ministers is fixed.
To know more about the India-Nepal Relations, refer to Article 2.3 on India-Nepal Relations in January 2024 Monthly
Current Affairs Magazine.

1.5. NEWS IN SHORTS

1.5.1. CABINET COMMITTEES •
The cabinet makes use of the committee system to
facilitate decision-making in specific areas.
The Union government constituted eight Cabinet • These include cabinet committees on:
committees. o Appointments
About Cabinet committees o Accommodation
o Economic Affairs
• These are constituted under the Transaction of o Parliamentary Affairs
Business Rules,1961. o Political Affairs
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 o Security
o Investment and Growth
o Skill employment and livelihood
• The Political Affairs Committee, Economic Affairs
Committee, Appointments Committee are chaired
by the Prime Minister and Parliamentary Affairs
Committee by the Home Minister.

1.5.2. CONSTITUTIONAL MORALITY

Recently the CJI said that 'Constitutional Morality' is
essential to India's diversity.
• Constitutional morality entails adherence to
constitutional norms that enable the practice of
the Constitution not only in letters but also in
spirit.
o It goes beyond the literal interpretation to
encompass a commitment to constitutional
values such as sovereignty, social justice, and
equality.
• British historian George Grote first coined the term.
o He emphasised the balance between freedom
and restraint, where citizens obey
constitutional authorities but also have the
freedom to criticize them.
• According to the Dr. B.R. Ambedkar:
o Constitutional morality is necessary for the
peaceful working of a democratic
Constitution. However, it is not a natural
sentiment. It has to be cultivated.
o A strong nexus exists between the form of
administration and the form of the
Constitution.
✓ Thus, it is possible to undermine the
Constitution, without changing its form by
merely changing the form of the
administration and making it inconsistent
with the spirit of the Constitution. 1.5.3. RECONSTITUTION OF NITI AAYOG
▪ Therefore, he favoured prescribing
forms of administration in the Since the term of the Aayog, barring Chief Executive
Constitution itself. Officer (CEO), is co-terminus with the term of the
Union Government, reconstitution was due since the
Some constitutional provisions related to formation of new government in June earlier this year.
Constitutional Morality
About National Institution for Transforming India
• Fundamental Rights: Individuals’ rights against (NITI) Aayog
the arbitrary use of state power.
• Fundamental Duties: Citizens have • It is a government think-tank formed in 2015 via a
responsibilities to the nation. resolution of the Union Cabinet, replacing the
• Separation of power: Judicial review of legislative erstwhile Planning Commission.
and executive actions, legislative oversight of the • Composition:
executive, etc. o Chairperson: Prime Minister of India
o Governing Council: Prime Minister; CMs of all
the States and UTs with legislature; Lt.
Governors of other UTs, Ex-Officio Members;
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 Vice Chairperson, NITI Aayog; Full-Time 1.5.4. ARTICLE 341
Members, NITI Aayog; and Special Invitees.
✓ Ex-officio Members include maximum 4 Supreme Court stated that the State Can't Alter the
members of Union Council of Ministers Schedule Caste (SC) List Published Under Article 341.
nominated by the PM
• The Court struck down Bihar govt resolution to
✓ Special Invitees include experts,
merge Economically Backward Class Community in
specialists and practitioners with relevant
SC List.
domain knowledge nominated by the PM
o Regional Councils: To address specific issues About Article 341
and contingencies impacting more than one • President can officially designate certain groups as
state or a region Scheduled Castes for specific States or Union
o CEO: Appointed by the PM for a fixed tenure, in Territories.
the rank of Secretary to the Government of India. o For States, this is done after consulting the
• Twin mandate: Governor. The designation may include entire
o To oversee the adoption and monitoring of the castes, races, tribes, or subgroups within these
SDGs in the country, and categories.
o Promote competitive and cooperative o Parliament may by law include in or exclude
federalism among States and UTs. from the list of Scheduled Castes.

1.5.5. PRESIDENT RETURNS BILL PASSED

BY PUNJAB LEGISLATIVE ASSEMBLY
The Punjab Universities Laws (Amendment) Bill, 2023
was reserved for the President’s assent by Punjab
Governor.
• The bill proposed to replace the governor with the
chief minister as the chancellor of state
universities.
Reservation of State Bills for President’s
Consideration
• Article 200 of the Constitution outlines Governor's
power regarding bills passed by the state
legislature.
o It provides that Governor may reserve such a
bill for President’s consideration.
• Enactment of reserved bill then depends upon
President’s assent or refusal of assent and
Governor has no role in it.
• If President directs the Governor to return the bill to
state legislature for reconsideration, state
legislature shall reconsider it within 6 months and
present it again to President.
o However, it is not obligatory for President to
give his assent to reconsidered bill.
Other powers of Governor on State Bills
• Once a bill is passed by the state Legislative
Assembly, it is presented to Governor who is vested
with four options:
o Grant Assent: Makes the bill a law.
o Withhold Assent: Effectively rejects the bill.

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 o Return Bill for Reconsideration: If legislative • Also, the term "land" in Entry 49 of List II includes
assembly passes the bill again with or without mineral-bearing lands, granting states the
amendment, the Governor shall give his assent. competence to tax such lands.
o Reserve the Bill for the President's • Court overruled its 1989 judgement and held that
Consideration. royalty is not within the nature of a tax and did not
come under MMDRA.
About MMDRA 1957
• Regulates the mining sector in India and provides for
following types of licences:
o Reconnaissance permit,
o Prospecting licence (for exploring and proving
deposits),
o Mining lease (for mineral extraction) and
o Composite licence (both exploration and
extraction).
2023 Amendments in MMDRA
• Amendment added Exploration Licence for
deep-seated and critical minerals, which
permits reconnaissance and prospecting
operations.
• Empowers Central Government to exclusively
auction mining lease and composite licence for
certain critical minerals.
o Auction would be conducted by the Central
government, but mining lease or composite
licence will be granted by State
governments only.
• Removes certain minerals from the list of
atomic minerals such as lithium, beryllium,
1.5.6. SUPREME COURT’S JUDGMENT ON titanium, etc.
MINERAL TAXATION
1.5.7. FOREIGNERS TRIBUNALS
Supreme Court’s Constitution Bench said that states
have power to levy tax on mineral rights. Supreme Court recently overturned the decision of
Assam Foreigners’ Tribunal and declared a resident of
• Supreme Court in an 8:1 ruling held that power of the State as Indian citizen.
state legislatures to tax mining lands is not limited
by Parliament’s Mines and Minerals (Development Foreigners Tribunals
and Regulation) or MMDRA, 1957. • Establishment: These are quasi-judicial bodies
• One dissenting judgment cautioned about adverse established under the Foreigners (Tribunals) Order,
consequences of giving mineral taxation rights to 1964 by the Central Government, according to
states. Section 3 of The Foreigners Act, 1946.
Key Observations by Court • Authority: Only Foreigners Tribunals have the power
to declare a person as a foreigner.
• Power to tax mineral rights is enumerated in Entry 50 o Thus, being excluded from the National
of List II (State List) and Parliament cannot use its Register of Citizens (NRC) in Assam does not
residuary power with respect to that subject matter. automatically classify a person as a foreigner.
o Parliament can impose limitations on states'
• Power: Powers of a civil court under the Code of
mineral taxation via laws, but the MMDRA has
Civil Procedure, 1908.
no specific provision imposing such limitation.
o Entry 54 of List I (Union list), pertaining to the
Union's power over minerals, is regulatory and
does not include taxing authority.

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1.5.8. CENTRAL INFORMATION services (banking, insurance, pension, etc.), among
others.
COMMISSION (CIC)
Significance of CSCs
Supreme Court has asserted that the Central
Information Commission has powers to constitute • Digital inclusion: CSCs bridge the digital divide by
benches & frame regulations. providing access to online services in remote areas.
• Employment generation: CSCs provide training
About CIC
programs to enhance digital literacy, employability
• Genesis: Statutory body under Right to Information and promotes entrepreneurship.
Act, 2005 to ensure greater access to information • Others: Financial inclusion, rural business support,
to Indian citizens. e-Commerce integration, etc.
• Functions: To receive and inquire into complaints
from any citizen regarding RTI act, etc.
• Members: Commission consists of one chief
Information commissioner(CIC) and information
commissioner(IC) (Not exceeding 10)
• Appointment: CICs And ICs are appointed by
President on recommendation of a committee
consisting of
o PM (Chairperson of committee)
o Leader of Opposition in Lok Sabha
o Union Cabinet Minister nominated by PM.
• Tenure: CICs and ICs shall hold office for a period of
three years.

1.5.9. COMMON SERVICE CENTRES

Centres Special Purpose Vehicle (CSC SPV), which
oversees implementation of CSC scheme, celebrated
15 years of its establishment.
About CSC SPV
• Set up by the Ministry of Electronics & IT under the
Companies Act, 1956.
• Provides a centralized collaborative framework
for delivery of services to citizens through CSCs.
• Vision: To develop CSCs as a reliable and 1.5.10. SAMPOORNATA ABHIYAN
ubiquitous IT-enabled network of citizen service NITI Aayog launched ‘Sampoornata Abhiyan’ which is a
points. 3-month campaign to achieve saturation of 6 key
About Common Service Centres (CSCs) indicators in Aspirational Districts and 6 key indicators
in Aspirational Blocks.
• It is one of the three pillars of the National e-
Governance Plan (NeGP) approved in 2006. • Districts and blocks are under the Aspirational
o Other two pillars of NeGP include Connectivity Districts Programme and Aspirational Blocks
and National Data Bank/ State Data Centres. Programme respectively.
• CSCs are front-end delivery points for • Key indicators across aspirational districts
Government, private and social sector services to include number of Soil Health Cards distributed,
rural citizens of India, in an integrated manner. percentage of schools with functional electricity at
• It is a pan-India network catering to regional, the secondary level, percentage of children fully
geographic, linguistic, and cultural diversity of the immunized, etc.
country. • Key indicators across aspirational blocks include
• Services offered by CSCs include G2C (Aadhar percentage of persons screened for Diabetes and
Seervices, ITR filing, etc.), B2C (Bharat Bill Pay hypertension, Percentage of SHGs that have
System, Mobile and DTH recharge, etc.), Financial received a Revolving Fund, etc.

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About Aspirational Districts and Aspirational Blocks
• Agriculture & Services
Programme
Water Resources • Basic Infrastructure
Aspirational Aspirational Blocks • Financial • Social Development
Districts Programme Programme Inclusion & Skill
Development
Launched in 2018 Launched in 2023 under • Infrastructure
under NITI Aayog. NITI Aayog.
Progress is measured Progress is measured on 40
Aims to quickly and Aims for saturation of on 81 indicators of indicators of development.
effectively transform essential government development.
112 districts across services in 500 Blocks (329
the country. Districts) across the country 1.5.11. ERRATA
Focuses on five Focuses on five themes: In the June 2024 Monthly Current Affairs magazine, in
themes: • Health & Nutrition Article 1.2. ‘Demand For New States’ it was incorrectly
• Health & Nutrition • Education mentioned that ‘new capital of Telangana (Amravati).’
• Education • Agriculture and Allied The correct information is ‘new capital of Andhra
Pradesh (Amravati).’

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1. POLITY AND GOVERNANCE
1.1. SUB-CLASSIFICATION OF SCHEDULES CASTES
Why in the News?
Recently, a 7-Judge Constitutional Bench of the Supreme Court, in State of Punjab & Others v Davinder Singh &
Others case, held that sub-classification of Scheduled Castes (SCs) is permissible to grant separate quotas for more
backwards within the SC categories.
More on the News
• 7-judge Constitution Bench was essentially considering two aspects:
o whether sub-classification within reserved castes be allowed, and
o correctness of the decision in E. V. Chinnaiah v. State of Andhra Pradesh (2005), which held that SCs notified
under Article 341 formed one homogenous group and could not be sub-categorized further.
• Previously, in 2014, the Supreme Court in Davinder Singh v. State of Punjab referred the appeal to reconsider the
judgment in E.V. Chinnaiah Case (2004) to a 5-judge Constitution Bench.
o In 2020, a 5-Judge Constitution Bench of the Supreme Court ruled that the E.V. Chinnaiah judgement, which
prohibited sub-categorization of SCs, requires reconsideration.

Key highlights of the Judgment

• Sub-classification within the SCs does not violate Article 341(2) because the castes are not per se included in or
excluded from the List.
• Scope of sub-classification of SCs:
o Objective of any form of affirmative action including sub-classification is to provide substantive equality of
opportunity for the backward classes.
✓ Substantive equality refers to the principle that the law must account for the different backgrounds and
historical injustices faced by persons or groups.
o State can sub-classify based on inadequate representation of certain castes. However, the State must
establish that the inadequacy of representation of a caste/group is because of its backwardness.
o State must collect data on the inadequacy of representation in the “services of the State”.
• State cannot act on its whims or political expediency and its decision is amenable to judicial review.

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• State is not entitled to reserve 100% of the seats available for SCs in favour of a group to the exclusion of other
castes in the President’s List.
• SCs notified under Article 341(1) of the
Constitution are heterogeneous groups of castes,
races or tribes with varying degrees of
backwardness.
• Four of the seven judges on the Bench separately
opined that the government should extend the
“creamy layer principle” to SCs and STs.
o However, the opinions do not constitute a
direction to the government to implement the creamy layer concept, as the issue did not directly arise in this
case.

Arguments for sub-classification Arguments against sub-classification

• Substantive equality: Weakest first approach • Unity and solidarity: Could divide the SC community,
to empower the most marginalised among the weakening their collective voice and bargaining power.
SCs and the STs. • Purpose of reservation for SCs: Reservation as
• Governance: Sub-classification would ensure a reparation for historical injustice and not for economic
diverse and efficient governance welfare.
• Heterogeneous groups: Prevalence of diverse • Stigma of caste discrimination might not fade away
groups and their varied struggles and degrees of with economic mobility: e.g., Oxfam’s India
discrimination within the category of SCs. Discrimination Report 2022 highlights caste-based
• Legislative competence of Legislatures: Article discrimination in access to credit.
341 empowers the President to designate • Data limitations: Absence of credible and
communities as SCs, but after designation, state comprehensive caste census data of various caste
legislative competence is activated under groups.
Articles 246 in light of the Fundamental Rights o Socio Economic and Caste Census (SECC) 2011
enshrined under Articles 15(4) and 16(4). was refused to be made public citing entire dataset is
o Article 246 deals with subject-matter of laws flawed and census unreliable.
made by Parliament and Legislatures of • Potential for misuse: Apprehensions of “potential
States. political tinkering” by parties in power in States to
expand vote banks.

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Conclusion
In the wake of the recent Supreme Court judgment, it is crucial for policymakers to engage in comprehensive dialogue
with all stakeholders, including SC community representatives, legal experts, and social scientists. In this regard,
Government may constitute a commission on the lines of G. Rohini Commission (constituted for sub-categorization
OBCs) with an aim to find a solution that addresses disparities within the SC category while preserving the unity and
collective progress of the community as a whole.

1.2. CENTRALLY SPONSORED SCHEME (CSS)

Why in the News?
As part of the expenditure reforms, the NITI Aayog has initiated a process for revamping of Centrally Sponsored Schemes
(CSSs).
More on the News
• Development Monitoring and Evaluation Office
(DMEO) of the NITI Aayog has invited proposals
to engage consultancy firms to support the
evaluation of CSSs in nine broad sectors.
• These 9 sectors are: Agriculture and Allied
Sector; Women and Child Development; Education, Urban Transformation & Skill Development; Rural Development
Sector; Drinking water and sanitation; Health Sector; Water Resources, Environment and Forest Sector; and Social
Inclusion, Law & Order and Justice Delivery.
About Centrally Sponsored Schemes
• Definition: CSSs are Schemes that are funded jointly by centre and state and implemented through the State in
sectors falling in the State and Concurrent Lists of the Constitution.
• Features: Current framework of the CSSs is based on the report by Sub-Group of Chief Minsters on Rationalisation
of CSSs (2015).
o Focus: The focus of CSSs should be on Schemes that comprise the National Development Agenda for
realizing Vision 2022, where the Centre and States need to work together.
o Current Status: Currently there are 75 CSSs in 3 categories and they constitute around 10.4% of the Centre’s
budget expenditure.

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 o Funding: All transfers to States for CSSs are being routed through the Consolidated Fund of the State.
✓ Following the recommendations of the 14th Finance Commission (FC) and the abolition of Plan-Non Plan
distinction from 2017, Centrally Sponsored Schemes (CSSs) and Central Sector schemes (CSs) have
become the primary mode of specific purpose transfers made by the Union to the States.
o Funding pattern for Core Schemes:
✓ 8 North Eastern States and 3 Himalayan States: Centre: State is 90:10
✓ Other States: Centre: State is 60:40
✓ Union Territories: without Legislature, Centre 100%.
o Monitoring: NITI to have concurrent jurisdiction in the monitoring of CSSs and also oversee Third-Party
Evaluation.
Rational of CSSs
• Principle of Subsidiarity: A central authority should have a subsidiary function, performing only those tasks
which cannot be performed effectively at a more immediate or local level.
• Equalization of basic services across states: For example, Health Schemes ensure equalization of health
services across states.
• Prioritising Merit Goods: Goods such as subsidised housing or social services, which predominantly help the
poor, or health care services, have a strong claim on government resources.
• Directive Principles of State Policy: These should guide governments at all levels and provides the
constitutional basis for national efforts in some areas, like removal of inequality (Article 38), education (Article
45), the welfare of weaker sections (Article 46) public health (Article 47).
Issues associated with current framework of CSSs
• Resource distribution issues: The Budget Estimate for FY 2021-22 shows that 15 schemes account for 91.14% of
total expenditure. Even within an ‘umbrella’ schemes, there are many sub-schemes that receive minuscule
amounts.
o Green Revolution CSS has 18 different sub-schemes. The Rainfed Area Development and Climate Change
Sub-scheme has an allocation of ₹ 180 cr. whereas National project on Agro-Forestry has an allocation of ₹ 34
cr.
• Large number of Schemes: Existence of Large number of small schemes or multiple small sub-components of
a scheme leads to duplication of efforts and a thin spreading of resources.
• Less fiscal space for items in Union List: Union’s expenditure on state items has gone up considerably, hence
constrained fiscal space for the items in the Union list.
o Example, Defence expenditure has reduced from 2% of the GDP in 2011-12 to 1.5% in 2019-20 RE (National
Institute of Public Finance and Policy).
• ‘One size fits all’ approach: Contours of the CSSs are defined by the Union Ministry making it difficult to
accommodate inter and intra state differences.
• Lower absorption capacity in some states: CSSs requires matching contributions from states, leading to lower
investment in states where it is needed most.
o Further, states with lower GSDP are also unable to absorb the released funds on time due to inadequate capacity
in terms of manpower, skills, technical expertise and weak governance.
• Suboptimal monitoring: Currently, the CSSs focus more on processes (what and how to do) rather than outcomes,
so monitoring is based on inputs, not actual results.
Way forward
• Prioritising funding: Gradually stop the funding for the CSSs and their subcomponents that have either outlived their
utility or have insignificant budgetary outlays not commensurate to a national programme (15 th FC)
• A threshold level of fundings: According to the Arvind Varma Committee in 2005, a new CSS should be introduced
only if the annual outlay is greater than ₹ 300 crores.
o For the existing smaller schemes, the amount should be transferred to states as Normal Central Assistance.
• Inflation indexed Funding: Financial norms of certain components of schemes like cooking cost of midday meal
or PM-POSHAN Scheme should be linked to the wholesale price index and should be revised every 2 years.
• Improved Governance: According to the 15th Finance Commission:
o The funding pattern of the CSSs should be fixed upfront in a transparent manner and should be kept stable.

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 o Financing can be provided based on bilaterally agreed 'compacts' related to specific objectives (for example,
service delivery outputs or specific outcomes) instead of exhaustively discussed implementation plans.
✓ To support this approach, the Union Government can support initiatives to enhance data systems,
monitoring and evaluation and transparency.
o The flow of monitoring information should be regular and should include, apart from routine statements of
financial and physical progress, credible information on output and outcome indicators.

1.3. CITIZEN PARTICIPATION TOWARDS GOOD GOVERNANCE

Why in the news?
Recently, MyGov platform completed 10 years.
About MyGov Platform
• Launched by Prime Minister, MyGov is a Citizen Engagement Platform which collaborates with multiple
Government bodies/ Ministries to engage with citizens for policy formulation and seeks opinion of people on
issues of public interest and welfare.
• In short, it empowers people to connect with Government and contribute towards good governance.
• Since 2014, it has evolved into a robust platform with over 4.72 crore registered users, known as MyGov Saathis.
• Major MyGov Campaigns
o LiFE Campaign: To engage individuals in addressing environmental degradation and climate change,
emphasizing impact of individual and community actions on global challenge.
o Stay Safe Online: Launched by MeitY during India’s G20 presidency to educate citizens, including specially-
abled individuals, about online risks, safety measures, and cyber hygiene to enhance overall cyber safety.
o Swachh Bharat Survekshan: Through interactive activities and social media engagement, it fosters active public
participation in creating a cleaner and healthier India.
o Millet-SuperFood: To highlight nutritional advantages of millets and understand their role in preventing lifestyle
diseases.

How Citizen Participation helps in Good Governance?

• Accountability and Transparency: Citizens hold government officials accountable by providing feedback, reporting
issues, and demanding action, which encourages transparency and openness in government decisions.
o For instance, RTI empowers citizens by providing them information to hold government officials and agencies
accountable for their actions.
• Service delivery: Through active participation in policymaking, citizens ensure their needs and interests are
considered in decision-making process, enhancing delivery of public services and policy outcomes.
o For instance, community participation in evaluation of Delhi government's Mohalla Clinics improved access to
quality healthcare.

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• Fosters Inclusivity: Engaging citizens in governance develops a sense of belongingness and ensures that diverse
voices, including marginalized groups are heard, promoting equity and social justice.
o For instance, MGNREGA Social audit helps in prioritisation of voices of the poor and marginalised.
• Trust-building: Active citizen participation programs foster trust in government institutions, reinforcing
democratic principles and promote cooperative relationship between state and society.
o Example, Gram Sabhas fosters community trust at the grassroot level.
• Innovation: Citizen participation can bring new perspectives, innovative ideas and solutions to address issues
strengthening governance structure.
o For instance, Mysuru- based firm has been granted a patent for their innovative solution to use plastic waste
to make environment friendly interlock tiles or pavers that are stronger than cement.
Challenges associated with Citizen Participation in Good Governance
• Lack of Commitment: Engagement in policymaking requires time and resources, which are often limited,
restricting the continuous participation of citizens.
• Limited engagement: Many citizens lack required knowledge and understanding of government processes,
laws, and their rights, hindering their effective participation.
o Further, complex procedures and red tape can make it difficult for citizens to participate.
• Administrative challenges: Governments may lack capacity to manage large-scale participation, including
processing feedback, organizing events etc. further hampering active participation.
• Limited trust in government: Public trust in government is often low due to unfulfilled promises, perceived
corruption and nepotism, and failure to consider community input on development priorities, impeding their
participation.
• Social factors: Lack of equal access, ability to participate, due to socio-economic conditions, cultural norms and
traditions such as patriarchy, may limit participation of women and other marginalized groups in governance.

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Way ahead
• Accessibility: Release government data in a structured and accessible format and ensure that citizens have easy
access to government information e.g. strengthening RTI Act to enhance transparency.
• Awareness: Incorporate governance and civic education into school curriculum, organizing workshops to
educate citizens on their rights, importance of their participation, and how they can effectively engage in
governance processes.
• Digital Platforms: Strengthening digital infrastructure, creating user-friendly e-governance platforms where
citizens can access information, and provide feedback to facilitate citizen’s participation.
• Inclusive Policy-Making: Organize regular public consultations, hearings on key policy decisions, ensuring
representation from diverse communities to strengthen governance processes. E.g. strengthening public hearing
component of Environmental Impact Assessment.
• Grievance Redressal: Strengthen and streamline grievance redressal mechanisms, ensuring that citizen
complaints are addressed promptly to build trust in governance system. Further, strengthening feedback
systems to enhance policy implementation.

1.4. LATERAL ENTRY IN CIVIL SERVICES

Why in the News?
A recent UPSC advertisement for recruitment to 45 lateral entry posts of Secretary and Joint Secretary at the Centre
was withdrawn.
More on the News
• The advertisement for lateral entries was withdrawn due to criticism as there are no quotas for SC, ST and OBC
candidates in such recruitment.
• According to a letter by DoPT to the UPSC (in November 2018)
o The present arrangement of filling up these posts may be deemed as a close approximation of deputation,
where mandatory reservation for SC/ST/OBC is not necessary.
o However, if duly eligible SC/ST/OBC candidates are eligible, they should be considered and priority may be
given to such candidates in similarly situated cases for ensuring holistic representation.

How have lateral entries been kept out of the ambit of reservation?
• Reservation in public jobs and universities is implemented via what is known as the “13-point roster”.
• According to this formula, there is no reservation for up to three vacancies.
• In the current round of recruitment, the UPSC has advertised 45 openings.
o If these were to be considered as a single group, according to the 13-point roster, six vacancies would be
reserved for SC candidates, three for ST candidates, 12 for OBC candidates, and four for the EWS
category.
o But since these vacancies have been advertised separately for each department, all of them are effectively
single-post vacancies, and hence bypass the policy of reservations.
✓ In a single post cadre, the reservation does not apply. Since each post to be filled under lateral entry is
a Single Post, reservation is not applicable”.
✓ Supreme Court in Akhilesh Kumar Singh Vs Ram Dawan & Others (2015) held that reservations to single
post cadre amounts to 100% reservation and violates Article 16(1) and 16(4).

About Lateral Entry

• Lateral Entry offers recruitment to persons from outside the usual bureaucratic setup for certain posts in
government departments at mid or senior-level positions.
• It is unlike the traditional hiring system where posts are filed based on merit through an exam conducted by the
Union Public Service Commission (UPSC).
• It is different from the appointment of private sector employees for advisory roles.
o Example: Appointment of Chief Economic Advisor of India, usually a prominent economist.
• It is contractual employment for 3 to 5 years (extension of tenure based on performance).
• Countries like Australia, USA, and the UK follow both the direct entry (via exam) and lateral entry.

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Advantages of lateral entry system
• Addressing Shortfall of Officers: Only 442 IAS officers are working with the Centre, against the required strength
of 1,469 officers (2023-24 Demands for Grants report of DOPT).
o Baswan Committee (2016) had also supported lateral entry considering the shortage of officers.
• Increase in efficiency and governance: Lateral entry “brings competition to the established career bureaucracy”
(NITI Aayog).
• Inclusion of Domain Experts: Hiring individuals with experience in economics, finance, and technology like
robotics, Artificial Intelligence, Cryptocurrency, etc. could bring a fresh perspective to public policy.
• Dealing with Departmental Necessities: Certain ministries/departments are required to work in tandem with the
private sector like civil aviation, environment, climate change, etc.
Issues associated with Lateral Entry
• Short-Term Focus: Appointments for 3 to 5 years may lead to short-term policy goals, lacking long-term vision and
impact.
• Conflict with Constitutional mandate: Recruitment being outside the purview of India’s reservation policy affects
the larger goal of social justice and equity.
• Conflict of Interest: Private sector individuals may influence government decisions for profit, risking "revolving door"
governance.
o Revolving door governance refers to public officers switching between public service and lobbying roles
witnessed in USA.
• Accountability issues: Holding private sector appointees accountable is difficult due to their short tenure.
• Lack of grassroots-level experience: Administrative rules require diverse experiences, not just specialized skills,
and understanding local dynamics is crucial.
• Political interference: Political interference in the Selection process may promote nepotism and favouritism.

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Way forward
Reforms in the process of lateral entry complemented by the following steps would facilitate resolving the issues of
vacancies and ensuring competency and merit in the system.
• Establishing Public Administration University: It can create a large pool of aspiring civil servants and enable
serving bureaucrats to attain deep knowledge of the country’s economy, increased domain expertise and improved
managerial skills.
• Deputation to Private Sector: Deputation of IAS and IPS officers in private sector will bring in domain expertise and
competition.
• Institutionalize goal setting and tracking for each department: Each Ministry and government agency should set
outcome-based goals with a clear timeline.
o Utilization of Capacity Building Commission and Mission Karmayogi to impart mid-career training aligning with
the role of officers.
• Fostering Career Management in Civil Services: Civil Servants should be allowed for acquiring knowledge across
sectors in initial years followed by specialised knowledge in specific domains matching their interests.
o Offering study breaks to acquire greater specialisation in the field of interest.
• Two-Tier entry system: D. Subbarao (former RBI Governor) recommended a two-tier entry into IAS, first usual at 25-
30 years followed by 37-42 years via lateral entry.
o Such mid-level hiring can bring in expertise from diverse fields into civil services.

1.5. SURROGATE ADVERTISEMENTS

Why in the News?
Ministry of Health and Family Welfare recently asked Sports Authority of India and BCCI to take measures to prevent
surrogate advertisement of tobacco/alcohol by sportspersons.
More on the News
• The Ministry had listed out measures including:
o signing an anti-tobacco declaration of interest form,
o not promoting/advertising in stadiums or events hosted or partnered by BCCI,
o issuing directives to sportspersons under BCCI’s ambit to refrain from surrogate promotion/advertisement of
tobacco and related products.
• It also requested not to allow such surrogate advertisements by other celebrities in sporting events of the BCCI,
such as the IPL.
About Surrogate advertisements
• They are essentially a substitute advertisement for the goods which cannot be directly advertised due to the
prohibition of law.
o E.g. Tobacco products, alcohol etc.
• It includes false description, guarantees, misleading implied representation, deliberately concealing essential
information leading to unfair trade practices.
• These advertisements in popular sporting events help the brands gain recall value, which increases the sales of
prohibited products.
o E.g. Pan masala products contributed 16% of ad volumes during IPL 2024.
• Brands use methods like roping in celebrities, aspirational locations and visuals to attract customers.
o E.g. Liquor companies advertising Music CDs or surrogate promotion of pan masalas by promoting silver-coated
cardamom, areca nut.
Legal framework related to Surrogate advertisements
• Cable Television Networks (Regulation) Act, 1995 with Cable Television Rules, 1994, and the Cigarettes and
Other Tobacco Products Act (COTPA), 2003 banned direct or indirect promotion, sale or consumption of liquor,
tobacco and cigarette advertisements.

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• Central Consumer Protection Authority (CCPA) Guidelines for Prevention of Misleading Advertisements and
Endorsements for Misleading Advertisements, 2022 defined surrogate advertisement for the first time.
• Consumer Protection Act, 2019 defines ‘misleading advertisements’ as an advertisement which falsely describes;
or mislead the consumers of such product or service.
• Advertising Standards Council of India (ASCI) Code allows use of a brand associated with a restricted good to be
used for advertising unrestricted goods in case it is a ‘genuine brand extension’.
o Genuine brand extension is determined by gauging the proportionality of the scale of advertisement with the
production and sale of the unrestricted good.

Implications of Surrogate Advertising

• Consumers
o Undermine Consumer rights: Surrogate advertising results in unfair trade practices and violates consumers’
right to information and choice.
o Undermine conscious decision-making: The ads are formulated to sell dreams through aspirational content
linking it with the product. This misleads the vulnerable sections like youth and the poor.
• Public Health:
o Public health hazards: negative impact on health by making tobacco and alcohol products attractive to
consumers which may cause addiction especially in the youth.
o An ICMR study found that surrogate Smokeless Tobacco brands dominated 41.3% of total advertisements in
the ICC Men's Cricket World Cup 2023.
• Companies
o Profitability vs. efficacy: Surrogate ads improve brand visibility and sales of prohibited products,
encouraging further use of unfair trade practices.
✓ A 2019 survey claimed that over 70% consumers were influence by surrogate ads.
o Digital streaming platforms, BCCI, and State Associations see significant revenue boosts from surrogate
advertisements during sports tournaments. E.g. Brands pay ₹ 60 lakh for a 10-second ad spot.
• Ethical implications
o Lack of transparency and accountability: This encourages brands to exploit the legal loopholes to promote
prohibited products through advertisements.
o Social influence and nudge theory: The use of ‘out of sight- out of mind’ marketing strategy nudges
consumers to consume tobacco or alcohol products. E.g. Celebrity endorsements.
Issues in regulation of surrogate advertisements
• Loopholes in legislations: Weak legislations with vague definitions and conditions make them open to
interpretation.

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 o Ineffective
implementation of
laws and lack of
actionable
accountability,
giving a free pass to
brands.
• Unethical practices:
Concerns over
potential use of
unethical practices or
price reduction by
companies to gain
market share, creating
risk of even greater
consumption from
people.
• Lack of stringent punishment: Punishments are usually publishing corrective advertisements and lack
proportionate penalties.
• Loss of Jobs and Revenue: As the production and high taxes/cess on sin goods (e.g. liquor and tobacco) contribute
significantly to job creation and state revenue.
Way forward
• The Stakeholder Consultation meeting between Government stakeholders and ASCI highlighted the steps to be
taken:
o Ensure clear distinction between the brand extension and the restricted product or service being advertised
o The ad should not make any direct or indirect reference to the prohibited product.
o The ad must not have resemblance in presentation with the prohibited product.
o The ad must not use situations typical for promotion of prohibited products when advertising the other
products.
• Enhancing current regulations and closing loopholes:
o COTPA and ASCI clarifications: Define the ban on surrogate advertising explicitly and extend the same to all
media, events and sports sponsorships.
o Digital media regulations: Digital platforms can come under the purview of regular regulations-the initial focus
could be on sports betting, health-centric supplements, and gym-related products.
• Ensuring accountability: Increase penalties and make media corporations liable through fines and promote
responsible advertising practices.
• Regulatory insight: Ensure periodic audits, real-time vigilance and strengthening enforcement mechanisms.
• Boost public awareness and education through Information, Education, and Communication (IEC) campaigns etc.
Conclusion
Advertisements have a strong influence in the minds of consumers especially in this era of new age technology. It is
vital to ensure legitimacy of their claims to ensure a healthy society.

1.6. UNIFORM CIVIL CODE (UCC)

Why in the News?
In his Independence Day speech, the Prime Minister advocated in favour of Uniform Civil Code by calling for a Secular
Civil Code in place of the current religion-based (communal) Civil Code.
About Uniform Civil Code (UCC)
• Definition: A Uniform Civil Code refers to a unitary system of personal laws applicable to all irrespective of
religion.

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 o Matters under the scope of personal laws include marriage, divorce, maintenance, inheritance, adoption, and
succession of the property.
• Current Status:
o At present, most Indians are governed in such matters by their respective religious laws.
o In Goa, a form of common civil code is in practice under the Portuguese Civil Code of 1867. (Uttarakhand
adopted UCC in 2024).
o 21st Law Commission of India (2018) said that the formulation of UCC is neither necessary nor desirable at
this stage, rather reforms must be undertaken on family laws of every religion to make them gender-just.
Need for UCC in India
• Fulfilling Constitutional Duty: Article 44 of the Constitution mandates that the state shall endeavour to secure a
Uniform Civil Code for all citizens.
o It would also advance gender justice, national integration, and equality before the law enshrined in Article 14.
o Implementing a UCC would uphold the principles of a secular state, where religious beliefs do not dictate civil
matters.
• Realising the needs of Contemporary Society: Laws/Practices dividing the nation based on religion or hindering
societal progress must be abolished.
o Eg. polygamy is legal as per Muslim Personal Law (Shariat Application Act), 1937, but it is against women and
hence must be discarded.
• Fulfilling International Obligations: Justifying India’s membership at various Human Rights conventions and
protocols, including United Nations Human Rights Convention.
• Simplification of Laws: A standardised procedure in personal matter irrespective of religious background would
ensure faster and more efficient resolution of disputes.
• Adapting to Modern Times: Implementing a UCC ensure that laws align with the evolving social landscape,
promoting inclusivity and individual freedoms.

Supreme Court Judgements on UCC

• Ahmed Khan v. Shah Bano Begum (1985): Gender justice and the need for uniformity in personal laws.
• Sarla Mudgal and others v. Union of India and others (1995): reforming personal laws to prevent misuse. Similar
view reflected in the Lily Thomas case (2000).
• Shayra Bano v. Union of India (2017): Setting aside talaq-e-biddat (instant and irrevocable talaq under Shariat Act
of 1937) as an arbitrary practice.

Issues associated with implementing UCC

• Against Diversity: Personal laws have been deeply ingrained as a way of life, and imposing a UCC could undermine
cultural and religious identities and could violate religious freedom (Article 25 of the Constitution).
• Lack of Consensus: Implementing a UCC without the consent and agreement of all communities could lead to
social unrest.
• Against Cooperative Federalism: Several experts argued that UCC could encroach upon states’ legislative
competence, thereby infringing on principles of cooperative federalism.
Way forward on implementing UCC in India
• Consensus building: Involving various stakeholders including inter-faith dialogues to prevent social discord.
• Socio-economic impact analysis: By taking into consideration the potential impact on the marginalised and
vulnerable communities along with incorporating provisions for them.
• Education and awareness: Building progressive and broadminded outlook among the people helping them
understand the spirit of UCC.
• Codification of all personal laws: By codifying laws, one can establish universal principles that promote fairness.

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1.7. LEGISLATIVE IMPACT ASSESSMENT
Why in the News?
Recently, a 2-Judge bench of the Supreme Court suggested a comprehensive statutory audit of the Maharashtra Slum
Areas Act and emphasized that reviewing and assessing implementation of a statute is an integral part of Rule of
Law.
More on the News
• Court directive came in response to several systemic issues in implementation of the Act including problematic
processes of land identification as slum areas, provision of accommodation for displaced slum dwellers, etc.
• It further emphasized that the executive branch has a constitutional duty to not just implement laws but also
monitor it.
• Court's call for a comprehensive statutory audit highlights need for Legislative Impact Assessment as a systematic
approach to evaluate the effectiveness and consequences of enacted laws
What is Legislative Impact Assessment (LIA)?
• LIA, also called Regulatory Impact Assessment, is a systematic method used to analyze the multidimensional
impact of proposed and existing legislation, focusing on both positive and negative effects.
• Some of the essential components of LIA include problem identification, exploring choices, comparative
analysis, stakeholder consultations, selection of preferred choice, socio economic analysis, post-enactment
appraisal, etc.
What are the significances of LIA in India?
• Evidence-based Policymaking: Thorough assessments of legislations before and after enactment can allow
policymakers to base their decisions on empirical evidence rather than assumptions or political pressures.
o LIA can help in optimizing resource allocation through effective cost-benefit analysis.
• Legislative quality: LIA can help prevent legal conflicts, ambiguities and enactment of cross-purpose and
overlapping laws.
o e.g., overlap in jurisdictions of sectoral regulators (such as TRAI, SEBI, etc.) and Competition Commission of
India (CCI) regarding anti-trust provisions.
o LIA can also help reduce burden on judiciary by reducing ambiguities in legislations, making stakeholder
consultations and feedback mechanisms as alternative channels for resolving conflicts, anticipating legal
challenges, etc.
• Scrutiny of delegated legislations: LIA can help assess whether the powers delegated to executive authorities
are appropriate, well-defined, and being used as intended, given the reduced parliamentary scrutiny of delegated
legislation.
o It can help reduce instances of malfeasance (intentional act of wrongdoing), misfeasance (commission of a
lawful act in an improper manner), and nonfeasance (non-conformity to the law) by delegated authorities.
• Responsive and responsible Governance: LIA can provide scope for mid-term course correction and policy
revisions to address implementation gaps effectively making the administration more responsive.
o Periodic assessments of legislative impact can increase transparency and hold lawmakers and
implementing agencies accountable for the outcomes of their policies.
• Compliance with International Obligations: LIA helps ensure that new legislations/ policies align with India’s
obligations under various international agreements, including those related to human rights, trade, etc.
o e.g., in 2021, Merchandise Exports from India (MEIS) scheme was replaced by Remission of Duties or Taxes on
Export Products (RoDTEP) scheme due to its non-compliance with WTO norms.
What are the challenges in ensuring effective LIA in India?
• Legal and institutional: There is an absence of formal and legally binding mandate for conducting LIA in India.
o Lack of effective inter-ministerial coordination and working in silos of government departments results in
fragmented and incomplete assessments.

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 o Absence of
dedicated
institutions
(like the UK’s
Better
Regulation
Executive) to
ensure that
every law
undergoes
impact analysis.
• Data limitations:
Absence of
comprehensive,
reliable, and
interoperable data
on performance of
statutes/ policies/
schemes make it
difficult to conduct
thorough assessments.
o Further, the concept of ‘Bounded Rationality’ can result in suboptimal analyses and flawed predictions
about real-life performance of laws/ policies.
✓ Bounded rationality involves the idea that human decisions are not fully rational and bound by limitations
of information failure, time taken for decision making, etc.
• Bureaucratic inertia: Procedure-oriented administrative culture designed on Weberian bureaucratic principles
prioritizes following established procedures over introducing new, analytical practices.
o Further, closed bureaucratic system hinders effective coordination with stakeholders including civil society,
policy think-tanks, etc.
What can be done to ensure effective LIA in India?
• Institutional: A dedicated agency or committee (on lines of UK’s Better Regulation Executive) under the Ministry
of Law and Justice or NITI Aayog could be set up to oversee and review the LIA process.
o Each statute creating a regulator should include a provision for an impact assessment periodically by an
external agency. (ARC-II)
o Regulation Review Authority can be established for every regulatory authority, ministry or department to
undertake the regulatory impact assessment, which should be a pre-condition to the writing of regulations.
(Damodaran Committee, 2013)
• Legislative process reforms: Mandatory referral of bills to Departmentally Related Parliamentary Standing
Committees for consideration and scrutiny. (NCRWC)
• Technology and Data-driven analysis: Leverage emerging technologies and tools such as data analytics, machine
learning, and AI to significantly improve the accuracy and depth of LIAs.
o Strengthen government data collection system through digitization and democratize access to government
data by ensuring effective implementation of initiatives such as National Data and Analytics Platform (NDAP).
• Capacity building and training: Collaboration with academic institutions, think tanks, and civil society in
supplementing government’s capacity by providing expertise and conducting independent assessments.
o e.g., Institutions like National Institute of Public Finance and Policy (NIPFP) can partner with government
ministries to conduct specialized LIAs.

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1.8. NEWS IN SHORTS
1.8.1. STATE OF INFRASTRUCTURE IN DISTRICT COURTS
Union Ministry of Law & Justice published a report titled ‘Empirical Study to Evaluate the Delivery of Justice through
Improved Infrastructure’.
• The report focused on various aspects of Infrastructural issues faced by Chief Administrators, Judicial Officers,
Advocates, and Support Staff.
Key Findings of the Report
• Basic infrastructure: ~37.7% of Judicial Officers (JOs) have reported lack of adequate space in courtrooms.
• Human resource: Shortage of JOs with lack of adequate training and skill development to effectively manage
workload and maintain a timely disposition of cases.
• Digital infrastructure: Lack of computerisation of the Offices of District Legal Services Authority (DLSA) and Taluk
Legal Services Committee (TLSC).
o Inability of advocates to cope up with technicality of digitization process, increased burden on support staff
due to E-Court missions, etc.
• Other issues with district courts: Lack of cooperation and coordination among all departments of District Court,
temporary or casual employment of support staff leads to lack of support within the court system, etc.
Key Recommendations
• Establish an independent IT department equipped with the latest hardware and software with sufficiently trained
manpower to manage and service, at District and Taluka courts.
• More emphasis should be laid on sustaining the filed cases in electronic form till the end to increase efficiency.
• Creation of separate Civil and Criminal Courts headed by separate JOs.

1.8.2. ANTICIPATORY BAIL UNDER SC/ST ACT

Recently, a 2-Judge bench of the Supreme Court held that bar on anticipatory bail under Section 18 of the SC and ST
(Prevention of Atrocities) Act, 1989 is not applicable unless a prima facie case under the Act is made out against the
accused.
• Section 18 of the Act states that Section 438 of the CrPC, which provides for anticipatory bail, shall not apply in
relation to cases involving offence under the Act.
Other Key Highlights of the judgement
• Court observed that mere insult of a member of SC or ST is not an offence under the SC/ ST Act unless the accused
had the intention to humiliate based on caste identity.
• Only intentional insult or intimidation caused by entrenched social norms like untouchability or caste superiority,
qualifies as the type of insult or intimidation envisioned by the Act.

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Anticipatory bail
• It is a direction by High Court or the Court of Session to release a person on bail, apprehending arrest on
accusation of having committed a non-bailable offence.
• Section 438 of the Code of Criminal Procedure (CrPC) contained provisions related to anticipatory bail.
• Under reformed criminal laws, Section 482 of Bhartiya Nagarik Suraksha Sanhita (2023) contains relevant
provisions for anticipatory bail.

SC and ST (Prevention of Atrocities) Act, 1989

• Objective: To prevent commission of offences against the members of SCs/STs, Special Courts for trial of such
offences, and provision for relief and rehabilitation of victims.
• Salient Features
o The accused must not be a member of the SC/ST.
o Offenses include employing members of SC/ ST for Manual Scavenging, dedicating SC/ ST women to deity,
temple, etc., as devadasi, denial of customary right of passage to places of public resort, among others.
o It also provides for punishment for neglect of duties under the Act by public servants not being a member of
SC/ ST.

1.8.3. DELIMITATION COMMISSION

SC in Kishorchandra Chhanganlal Rathod case held that
constitutional courts have the power to review orders of the
Delimitation Commission if an order is manifestly arbitrary and
irreconcilable to constitutional values.
• Earlier Gujarat HC had dismissed petition challenging delimitation
exercise, taking note of Article 329(a) of Constitution, which bars
interference by Court in electoral matters.
About Delimitation
• Delimitation is the process of fixing the number of seats and
boundaries of territorial constituencies in each State for the Lok
Sabha and Legislative assemblies.
• Responsibility of delimitation is assigned to a high-power body
known as Delimitation Commission (Boundary Commission)
o Under Article 82, Delimitation is done by such authority and in
such manner as Parliament may by law determine.
o In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973 and 2002.

1.8.4. BOILERS BILL, 2024 INTRODUCED IN RAJYA SABHA

It will repeal Boilers Act, 1923 which was enacted with to ensure uniformity throughout India in all technical aspects
pertaining to regulation of boiler.
• Earlier, act was amended by Indian Boilers (Amendment) Act, 2007 which introduced inspection and certification
by independent third party inspecting authorities.
• Act was further reviewed to incorporate decriminalised provisions in consonance with Jan Vishwas (Amendment
of Provisions) Act, 2023.
Key features of Bill
• Define competent authority as an institution recognised in such manner as may be specified by regulations, for
grant of certificate to the welders for welding of boiler and boiler component.
• Any person who makes any structural alteration, addition or renewal in or to a boiler without obtaining
authorisation of Chief Inspector shall be punishable.

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 o With imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with
both.
• Central Government has power to remove any difficulty in giving effect to provisions of Boilers Act, 2024 within a
period of three years from date of commencement of this Act.
• Central Government constitute Central Boilers Board to regulate design, manufacture, erection and use of boiler
and boiler components.

Objective of Bill
• Regulation of manufacture and use of boilers, ensuring safety of life and property of persons from danger of
explosions of boilers.
• Prohibits the use of unregistered and uncertified boilers, mandates reporting of accidents and promotes
uniformity in registration and inspection processes throughout manufacturing, erection and use of boilers.
Importance of Industrial Boiler: Boiler deals with burning of fuel in large quantities, attainment of high temperature
& pressure zones, handling of high energy steam etc.

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1. POLITY AND GOVERNANCE
1.1. ONE NATION ONE ELECTION
Why in the news?
The Union Cabinet has accepted the recommendations of the High-Level Committee on Simultaneous Elections
under the chairmanship of former President Shri Ram Nath Kovind.
About Simultaneous Elections
• Simultaneous Elections (popularly known as One Nation, One Election) means holding elections to the House of the
People, all the State Legislative Assemblies, and local bodies i.e., Municipalities and Panchayats, together
o Simultaneous elections do not mean that voting across the country for all elections needs to happen on a
single day.
• In India, simultaneous elections to the Lok Sabha and Vidhan Sabhas were held in the years 1951-52, 1957, 1962 and
1967.
o This cycle was disrupted due to premature dissolution of State Assemblies in 1968-69 and of the Lok Sabha in
1970.
Need for Simultaneous elections
• Governance and development: Frequent elections delay development programs due to the Model Code of Conduct
(MCC).
o Frequent elections affect economic growth, investment decisions and opportunity cost of deferred
economic decisions.
o Conducting elections to all three tiers of the Government together would avoid disruption of supply chains and
production cycles due to migrant workers seeking leave of absence to cast their vote.
• High financial burden: Holding simultaneous elections would reduce the massive expenditure incurred for conduct
of separate elections every year.
• Diversion of human resources: Such as security forces and other electoral officers (like Teachers) from their
primary duties for significantly prolonged periods.
• Reducing the burden on courts: Fewer elections mean fewer election-related disputes, reducing the workload on
courts.
• Reducing identity politics: Frequent elections use identity politics, like caste and class stirring division and
disrupting societal cohesion.
• Voter participation: Staggered elections induce ‘voters’ fatigue’ and present a significant challenge in ensuring their
participation.

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Key highlights of High-Level Committee on Simultaneous Elections
The committee advocated simultaneous elections for Lok Sabha, State Legislative Assemblies, and local bodies to
address the burden on the Government, businesses, Courts, political parties, civil society etc. due to frequent
elections. Recommendations are as follows:
• Synchronization of Elections: Elections to be held in two phases
o First phase: Conduct Lok Sabha and State Legislative Assembly elections simultaneously.
o Second phase: Conduct local body elections (Panchayats and Municipalities) within 100 days of general
elections.
• Constitutional Amendments proposed: The high-level committee had proposed amendments to three Articles,
insertion of 12 new sub-clauses in the existing articles and tweaking three laws related to Union Territories having
legislative assemblies.
Insert Article 82A Amendment of Article 83 (Duration of Introduction of Article
Houses of Parliament) and Article 172 324A
(Duration of State Legislatures):
• Article 82A(1) will state that “on the date of • In case of a hung House, a no- • Relating to holding
the first sitting of the House of the People confidence motion or defection, simultaneous
after a general election”, the President will fresh elections to be conducted to elections to
issue a notification bringing Article 82A into constitute the new Lok Sabha or Municipalities and
effect. The date of this notification “shall be State Assembly for the unexpired Panchayats with
called the Appointed date”. term of the immediately preceding general elections.
• Article 82A(2) will state that “all the full term of the House. o Ratification by
Legislative Assemblies constituted in any o It ensures continuity in cycle of states required
general election held after the appointed Simultaneous Elections.
date shall come to an end on the expiry of
the full term of the House of the People.
• Single electoral roll: To be prepared by the Election Commission of India in consultation with the State Election
Commission(s) by amending Article 325.
o As it includes amending State subjects (Local Government) in the 7th Schedule, Part IX, and Part IXA of the
Constitution of India, ratification by the States required under Article 368(2).
• Need for ratification by states: The Committee observed that constitutional amendments in relation to terms of
Parliament and state assemblies will not require ratification by states. However, constitutional amendments in
relation to local bodies will be required to be passed with ratification by at least half of the states.
• Making Logistical arrangements for conduction of Simultaneous Elections
o For elections to the House of the People and State Legislative Assemblies: The Election Commission of
India will draw a plan for advanced estimation of procurement of EVMs/VVPATs, deployment of polling
personnel, security forces etc.

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 o For elections to Municipalities and Panchayats: The State Election Commission(s) in consultation with the
ECI, will draw a plan for the logistical requirements.
• Constitution of an Implementation Group to monitor the execution of the process.
Challenges and complexities of simultaneous elections
• Overshadowing regional issues: Conducting elections simultaneously to the Lok Sabha and all State assemblies
would result in national issues overshadowing regional and State specific issues.
• Impact on the Regional parties: Simultaneous elections may create a system where National political parties
would have a significant advantage over regional parties.
• Political accountability: Frequent elections hold lawmakers accountable, while fixed terms may provide
unwarranted stability without performance scrutiny challenging democratic principles.
• Concerns Regarding Federalism: Constitutional Amendments concerning the term of the state legislative
assemblies under Article 172 can be carried out without ratification by states. Thus, opinion and say of States is
reduced.
• Logistical Issues: Organizing ONOE would require significant resources, including a vast supply of electronic voting
machines and trained personnel to oversee the process.

Conclusion
A delicate balance between the efficiency gains of simultaneous elections and the foundational principles of federalism,
democratic integrity, and political plurality needs to be ensured through detailed legislative deliberations.

1.2. GLOBAL AI GOVERNANCE

Why in the news?
The Council of Europe (COE) Framework Convention on Artificial Intelligence (AI) and human rights, democracy and
the rule of law, the first legally binding international treaty on AI, was opened for signature.
More on the news
• COE is an intergovernmental organisation formed in 1949, with 46 members including Japan, and the U.S., plus
countries of the EU bloc and others.
• The Framework Convention was initiated in 2019, when the ad hoc Committee on Artificial Intelligence (CAHAI) was
tasked with examining the feasibility of such an instrument.
• It aligns with new regulations and agreements, including the G7 AI pact, Europe's AI Act, and the Bletchley
Declaration.

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 Key provision of the Framework Convention
• Scope: Covers the use of AI systems by public authorities –
including private actors acting on their behalf – and private
actors.
• Obligation of signatories: Parties will adopt or maintain
appropriate legislative, administrative or other measures
to ensure that Activities within the lifecycle of artificial
intelligence systems are-
o Consistent with obligations to protect human rights, as
enshrined in applicable international and domestic law.
o Not used to undermine the integrity, independence and
effectiveness of democratic institutions and processes.
• Does not regulate technology and is essentially technology-
neutral.
• Risk-based approach adopted for the design, development,
and decommissioning of AI systems globally.
• Exceptions: Does not apply to national defence matters nor
to research and development activities, except when the
testing of AI systems may have the potential to interfere with
human rights, democracy, or the rule of law.
• Underlines fundamental principles related to activities within the lifecycle of AI systems (see infographic).

What is the need for global AI governance?

• Risk Mitigation: Global governance can set standards to mitigate global risks associated with AI systems like job
displacement, discrimination, misuse in surveillance and military applications, AI Arms Races etc.
• Threat to democratic functioning: E.g., disinformation and deep fakes can impact the integrity of democratic
processes.
• Tackling Inequities: The global AI governance landscape is uneven, with many developing nations, particularly in the
global South, lacking a voice in decision-making.
• Transboundary nature: Issues associated with AI systems like data privacy and security can impact multiple
countries simultaneously.
• AI Misalignment: It happens when AI systems act in ways that do not reflect human intentions. Examples include
unsafe medical recommendations, biased algorithms, and issues in content moderation.
• Wide scale deployment: AI systems are increasingly being adopted in decision-making in key sectors like
healthcare, finance, and law enforcement.
What are the challenges in global AI governance?
• Representation Gap: AI governance initiatives largely lack representation, leading to significant gaps in national and
regional efforts that affect AI assessment decisions and funding.
o E.g., many initiatives exclude entire regions, with seven countries participating in all and 118, mostly from the
global South, entirely left out.
• Coordination Gap: Lack of Global Mechanisms for international standards and research initiatives, leads to issues
like-
o Fragmentation, reduced interoperability and incompatibility between different plurilateral and regional AI
governance
o Ad Hoc Responses to AI challenges.
o Narrow Focus, hindering their ability to tackle its complex global implications.
• Implementation Gap:
o Lack of stronger systems to hold governments and private companies accountable for their commitments
regarding AI governance.

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 o Limited networking and resources in National strategies for AI development, leading to ineffective
implementation.
o No Dedicated Funding Mechanism for AI capacity-building with the scale or authority.

Steps taken to regulate AI

In India
• National Strategy for Artificial Intelligence (NSAI): NITI Aayog launched the #AIforAll strategy to harness AI in
sectors like healthcare, agriculture, and education.
• Principles for Responsible AI: NITI Aayog released "Principles for Responsible AI," focusing on ethics and
accountability, followed by "Operationalizing Principles for Responsible AI," which provided actionable steps for
implementation by the government and private sector.
• National Program on AI (India AI): The Ministry of Electronics and Information Technology (MeitY) initiated the
India AI program to foster AI innovation, skill development, and address ethical concerns.
• Digital Personal Data Protection Act: Enhances data protection for individuals and address AI-related privacy
concerns.
• Global Partnership on AI (GPAI): India is a GPAI member, participating in global discussions on responsible AI
and aligning its strategies with international standards.
Global
• G7 pact on AI: It aims to establish a global framework for the responsible development and use of AI systems, and
participation is voluntary.
• Europe’s AI Act: It is Europe’s first major regulation on artificial intelligence, categorizing applications into three
risk levels: unacceptable risk applications, high-risk applications etc.
• The Bletchley Declaration: It establishes a shared understanding of the opportunities and risks posed by frontier
artificial intelligence (AI). It was signed by 28 countries and the European Union.

Way forward
• Suggestions of UN report titled ‘Governing AI for Humanity’:
o Adoption of flexible, globally connected approach to AI governance that fosters shared understanding and
benefits.
o Create an Independent international Scientific Panel on AI that consist of diverse experts who serve
voluntarily.
o Establish a biannual policy dialogue on AI governance at UN meetings to engage government and
stakeholders, focusing on best practices that promote AI development.
o Create an AI exchange that unites stakeholders to develop and maintain a register of definitions and standards
for evaluating AI systems.
o Establish AI capacity development network that connects UN's affiliated centres to provide expertise and
training to key stakeholders
o Global Fund for AI, an independently managed fund, can collect public and private contributions and distribute
resources to enhance local access to AI tools.
• Other steps that can be taken:
o Formulating AI Law: MeitY is drafting a new law on artificial intelligence (AI) to harness its economic benefits
while addressing potential risks and harms.
o Ensuring AI Alignment: AI alignment ensures that artificial intelligence systems operate according to human
values and ethics and can address issues like discrimination and misinformation.

1.3. GRIEVANCE REDRESSAL MECHANISM

Why in the news?
Recently, Ministry of Personnel, Public Grievances & Pensions (MoPPG&P) issued comprehensive Guidelines for
Handling Public Grievances for making grievance redressal time-bound, accessible and meaningful.

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Key highlights of Comprehensive Guidelines for Handling Public Grievances
• An integrated user-friendly grievance filing platform with CPGRAMS to provide citizen a single window experience.
o This will help de-duplication and save time/efforts of officials from resolving same grievances on multiple
portals.
• Appointment of Nodal Officers for Public Grievances in all Ministries/ Departments who will address grievances
promptly, fairly and efficiently.
• Dedicated Grievance Cells shall be set-up in every Ministry/ Department with sufficient resources having
knowledge of schemes and activities.
• Timelines for effective grievance redressal have been reduced to 21 days from existing 30 days.
• Grievance redressal assessment index for ranking Ministries/ Departments shall be issued on monthly basis.
• 2024 Policy Guidelines manifest technology improvements undertaken with 10-step reform process adopted.
o Government implemented 10-step reforms of CPGRAMS (Centralised Public Grievance Redress and Monitoring
System) in 2022.

About Grievance Redressal Mechanism (GRM)

• GRM of an organisation is an important instrument to measure its effectiveness as it provides feedback on the
working of the organisation.
o Its basic principle is that if promised level of service delivery is not achieved or if a right of a citizen is not
honoured then citizen should be able to take recourse to a mechanism for grievance redressal.
• Two designated nodal agencies in Union Government handling grievances are:
o Department of Administrative Reforms and Public Grievances, DARPG (under MoPPG&P).
o Directorate of Public Grievances, Cabinet Secretariat.
• Status of Grievance Redressal: CPGRAMS portal has redressed nearly 60 lakh Public Grievances in period 2022-
2024 and has mapped 1.01 lakh Grievance Redressal officers of Ministries/ Departments and States/ UTs.
o CPGRAMS is an online platform available to citizens 24x7 to lodge their grievances to public authorities on any
subject related to service delivery.

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 o It is a single portal connected to all Ministries/Departments of Government of India and States through role-
based access to the officers in portal.

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 Other Initiatives taken for Grievance Redressal

• Constitutional and statutory institutions: Like CVC, Lokayuktas, NHRC, SHRC etc. have mandate to look into
complaints of corruption, abuse of office by public servants, negligence in conduct of public servant regarding
human rights violation etc.
• Grievance Redressal Assessment Index (GRAI): Conceptualised and designed by DARPG based on
recommendation of Parliamentary Standing Committee of MoPPG&P.
o It aims to present organisation-wise comparative picture and provide valuable insights about strengths and
areas of improvement regarding GRM.
• Pro-Active Governance and Timely Implementation (PRAGATI): Multi-purpose and multi-modal platform to
address common man’s grievances, and simultaneously monitoring/reviewing programmes/projects of
Centre/State/UT Governments.
• E-Nivaran: Launched by Central Board of Direct Taxes to fast-track taxpayer grievances and ensure early
resolution of their complaints
• Citizen Charter: It solves the problems which a citizen encounters while dealing with organisations providing
public services.
Issues associated with Grievance Redressal Mechanism
• Delays: Delays in grievance redressal due to bureaucratic hurdles, limited resources, or inefficient workflows
undermines public confidence in the government.
• Corrupt Practices: In some instances, grievance redressal mechanisms themselves are subject to corrupt
practices, where officials allegedly delay or manipulate outcomes in exchange for bribes.
• Lack of Integration: Multiplicity of grievance redressal platforms across different sectors (e.g., public distribution
systems, consumer rights), across states, makes it difficult for citizens to lodge and track their complaints.
• Digital divide: Many citizens, particularly in rural areas, lack access to internet or digital literacy required to use
online redressal platforms effectively.
Way ahead
• 2nd ARC Recommendations
o States may be advised to set up independent public grievances redressal authorities to deal with complaints
of delay, harassment or corruption.
o Government organizations should analyse complaints received and identify areas wherein interventions
would be required to eliminate underlying causes that lead to public grievances.
• Recommendations of Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice,
(25th Report):
o Grievance-handling system should be accessible, simple, quick, fair, responsive and effective.
o Public Grievance Redressal Mechanism should be envisaged in statutory form on line of RTI Act, 2005 which
would make it mandatory on all State Governments/UTs/etc. to pursue grievance till their final disposal.
• Decentralized redressal: Decentralize GRM so that local or regional offices are empowered to resolve issues,
reducing the burden on central authorities and ensuring faster resolutions.
• Reduce bureaucratic layers: Simplify the process of filing complaints by minimizing paperwork and formalities,
focussing on making system accessible, and citizen friendly.
o For example, setting up and effective operationalization of Information & Facilitation Counters.
• Review and monitoring: Establish a robust monitoring system to analyse performance of grievance-handling
departments and officials through periodic audits and evaluations.
• Feedback mechanism: Establish key performance indicators for online grievance management system like
response times, resolution rates, and citizen satisfaction.
• Integrating Technology: AI can be employed to categorize/prioritize grievances and utilize data analytics to identify
trends/patterns in grievances, helping in allocation of resources and policy adjustments.

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1.4. UNIFIED PENSION SCHEME
Why in the news?
Recently, Union Cabinet has approved the Unified Pension Scheme (UPS).
About Unified Pension Scheme
• It is based on the recommendations of T. V. Somanathan Committee (2023). Persistent demands for Old Pension
Scheme (OPS) led to its formation.
• Existing as well as future employees will have an option of joining New Pension Scheme or UPS. Choice, once
exercised, will be final.
• Provisions of UPS will apply to past retirees of NPS (who have already superannuated).
Comparison between Unified Pension Scheme, New Pension Scheme and Old Pension Scheme
Parameters Unified Pension Scheme (UPS) New Pension Scheme (NPS) Old Pension Scheme
(OPS)

Eligibility • It will be effective from April 1, • Launched in 2004 for • Introduced in 1950s
2025 and applies to all Central providing retirement and applicable only to
government employees. income to all citizens government
between 18 and 65 years. employees.
Assured • 50% of average basic pay drawn • Pension amount is not • Central government
Pension over last 12 months prior to fixed as it is a market-linked employees will
superannuation for a minimum scheme. receive 50% of their
qualifying service of 25 years. last drawn salary.
• It will be proportionate for a • Provided fixed monthly
lesser service period (minimum income.
service of 10 years).
Minimum • Rs.10,000 per month on • Not Applicable • Rs. 9000 per month
Pension superannuation after minimum
10 years of service.
Family • On demise, pension amounting • In case, Government • Granted to widow /
Pension 60% of employee’s pension servant has opted for widower and where
before demise. benefits under NPS, family there is no widow /
would get benefits from widower to children of
his accumulated pension a Government servant
wealth under NPS. who entered in service
in a pensionable
establishment on or
after 01/01/1964 but
on or before
31.12.2003.
Inflation • In form of Dearness Relief based • Not available • Dearness relief,
Indexation on All India Consumer Price which adjusted
Index for Industrial Workers pension for inflation,
(AICPI-IW), similar to service and offered a family
employees. pension to
dependents.
Contribution • Employee contribution will not • Employees are required to • No employee
increase. contribute 10% of their contributions
• Government contribution salaries, while employers required.
increased from 14 to 18.5%. can contribute up to 14%.

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Conclusion
UPS aims to combine the best aspects of both the OPS and NPS systems, and reintroduce an assured minimum pension.
Further, UPS aims to improve the financial security and quality of life for government employees and their families.

1.5. NEWS IN SHORTS

1.5.1. ‘BLACK COAT SYNDROME’ IN COURTS
President called out ‘Black Coat Syndrome’, and urged Supreme Court to Lead with Justice for All
• Highlighting the delay in Justice, the President used this term to describe anxiety experienced by ordinary citizens
in court settings.
• Term is analogous to the “White Coat Hypertension” i.e. increase in people’s blood pressure in the hospital.
Reasons for such
perception
• High pendency: As of
August 31, 82,887
cases are pending in
SC (National Judicial
Data Grid).
o Additionally,
delays in deciding
serious crimes
like rape leads to
public perception
of insensitivity in
the judicial
system.
• Frequent adjournments: It causes great mental and financial pressure specially for people traveling from villages to
courts.
• Issues with district judiciary: For instance, only 6.7% of court infrastructure at the district level is female friendly.
o District-level courts significantly shape the public’s perception of the judiciary.

1.5.2. RIGHTS OF DETENU IN PREVENTIVE DETENTION

In Jaseela Shaji vs Union of India case (2024), the Supreme Court
highlighted the rights of detenu (detained person) to make an effective
representation against preventive detention.
• Preventive detention means detention of a person without trial.
Highlights of the Judgment
• Detenu has the right to be furnished with the grounds of detention
along with the documents relied on for such detention.
o If there is failure or even delay in furnishing those documents,
it would amount to denial of the right to make an effective
representation under Article 22(5) of the Constitution.
• Article 22(5) mandates that detaining authority must:
o Inform detenu as soon as practicable of grounds on which
detention has been made.
o Provide detenu the earliest opportunity of making a
representation against detention order.

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Preventive Detention
• Article 22(3) allows the authorities to detain individuals for preventive reasons, such as the maintenance of public
order or national security.
• The constitution provides for certain safeguards:
o No preventive detention law should authorize the detention beyond three months unless an Advisory Board
approves it.
o Grounds for preventive detention shall be communicated at the earliest.
o Provide earliest opportunity of making a representation.

1.5.3. UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA), 1967

Supreme Court ruled that 14-day timeline for granting sanction for prosecution under UAPA, 1967 is mandatory and
not discretionary.
About UAPA, 1967
• It provides for more effective prevention of certain unlawful activities of individuals and associations and for
dealing with terrorist activities.
• Prosecution of individuals accused of terrorism requires prior sanction from government via two steps i.e.
o An independent authority must review evidence gathered by investigators and make a recommendation to
government within seven working days. (Rule 3 of Unlawful Activities (Prevention) (Recommendation &
Sanction of Prosecution) Rules, 2008)
o Government then has an additional seven working days to decide whether to grant or deny sanction based on
authority’s recommendation (Rule 4).

1.5.4. PLEA BARGAINING

As per the Ministry of Law and Justice, only 0.11% of cases were resolved through plea bargaining in 2022.
About Plea Bargaining:
• It is an agreement between defense and prosecution where accused pleads guilty for a lesser offense or a reduced
sentence.
• Introduced in 2006 as part of a set of amendments to CrPC.
• In section 290 of BNSS, plea bargaining has been made time bound and application can be made within 30 days
from date of framing of charge.
• Application: Applies only to offenses punishable by up to seven years of imprisonment, with further restrictions
excluding cases involving crimes against women, children, or socio-economic offenses.

1.5.5. 2023 AMENDMENT TO RULE 3 OF IT RULES 2021

Bombay HC struck down the 2023 amendment to Rule 3 of the IT Rules mandating establishment of Fact Checking Units
(FCU)
• Verdict has been delivered in the Kunal Kamra vs Union of India case (2024).
Background
• The 2023 amendment [(3(1)(b)(v)] to IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
empowered the Government to identify fake news pertaining to its business on social media platforms through
FCU.
o Such news was to be flagged and taken down by the intermediary.
o Failure to do so would subject the intermediaries to a legal action and losing their safe harbor (legal immunity
against third-party consent).
• In 2023, Supreme Court stayed the Centre’s notification establishing FCU in Press Information Bureau (PIB).

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Key Observations by the HC
• Rules are ultra vires (unconstitutional) or beyond the powers of the IT Act, 2000.
• Violate the Principles of Natural Justice and Fundamental Rights under Articles:
o 14 [Equality before Law]
o 19 (1) (a) [Freedom of Speech and Expression]
o 19 (1) (g) [Freedom to practice any profession]
o 21 [Right to Life and Personal Liberty].
• Vague, does not clearly define fake or misleading news.
o Also, in the absence of "right to the truth," the State is not responsible for providing citizens with only accurate
information determined by the FCU.
• Fail to satisfy the test of proportionality.

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1.5.6. 23RD LAW COMMISSION CONSTITUTED
President approves the constitution of the 23rd Law Commission for a three-year term, that is, from 1st September,
2024 to 31st August, 2027.
23rd Law Commission
• Mandate: To review and recommend legal reforms to enhance the Indian legal system.
• Composition: It will include a full-time chairperson, four members, and additional ex-officio and part-time
members.
Terms of Reference (ToR)
• Review/Repeal of obsolete laws:
o Create a Standard Operating procedure for periodic review of existing laws for simplification.
o Based on the relevance, current economic needs, suggest repealing and amendments to the laws.
• Law and Poverty: Examine laws affecting the poor and conduct post-enactment audits of socio-economic
legislation.
• Review of Judicial Administration:
o Ensure economic disposal of cases by elimination of delays and speedy clearance of arrears.
o Simplification of processes, harmonizing rules of various high courts.
• Directive Principles of State Policy (DPSPs): Examine existing laws and suggest reforms to ensure effective
implementation of DPSPs and to attain the objectives set out in the Preamble.
• Gender Equality:
Strengthen laws through
examination and suggesting
amendments.
• Revision of Central Acts to
remove anomalies and
inequities.
• Examine the impact of
globalization on food
security, unemployment
and recommend measures
for the protection of the
marginalized.

1.5.7. SANCTION FOR PROSECUTING A PUBLIC SERVANT

Recently, the Governor of Karnataka gave approval for investigation for prosecution of the Chief Minister.
Sanction for prosecution:
• There is a requirement of grant of sanction before prosecution of a public servant to protect public servants from
malicious prosecution.
• Competent authority for granting sanction: State or Central government (CrPC) and authority having power to
remove the public servant (PCA).
Legal Framework:
• Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (earlier covered under Section 197 of CrPC)
• Section 17A (2018 amendment) and 19 of the Prevention of Corruption Act, 1988 (PCA).

1.5.8. ASIAN ORGANIZATION OF SUPREME AUDIT INSTITUTIONS (ASOSAI)

Proposal for removal
The President of India attended the opening ceremony of the 16th ASOSAI Assembly organised by the Comptroller
and Auditor General (CAG) of India in New Delhi.

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About ASOSAI
• It is one of the Regional Groups of the International Organization of Supreme Audit Institutions.
• It was established in 1979 with 11 members, now the membership has grown to 48.
• The first Assembly and Governing Board meeting was held in New Delhi, India.
o India is holding the current chair of ASOSAI.
• At the Assembly, the Rules and Regulations of ASOSAI were approved.

1.5.9. ERRATA
• In July 2024 Monthly Magazine, in Article 1.1 Special Packages due to typographical error in the infographic on
"Need for giving Special Packages to States", the figure of "94 lakh crore poor families" was incorrectly given.
o Correct information is: "As per Bihar government estimates, an 2.5 lakh crores rupees over five years are
required for welfare of 94 lakh poor families."

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1. POLITY AND GOVERNANCE
1.1. JAN YOJANA ABHIYAN
Why in the news?
Ministry of Panchayati Raj launched the People’s Plan Campaign (Jan Yojana Abhiyan) for the preparation of
Panchayat Development Plans (PDPs) for 2025–26.
About Jan Yojana Abhiyan or People’s Plan Campaign (PPC)

• Aim: To accelerate people’s participation in the process of preparation of the Panchayat Development Plan.
• Launched: Rolled out as ‘Sabki Yojana Sabka Vikas’ by the Ministry of Panchayati Raj on 2nd October 2018.
• Implementation: At all three tiers of Panchayats with the active involvement of Elected Representatives,
Government Frontline workers, Community-Based Organizations (CBOs) like Self Help Groups (SHGs) and
other stakeholders.
• Components of the campaign:
o Structured Ward Sabha/ Mahila Sabha/ Gram Sabha/ Block Sabha / District Sabha to be held for preparation
of Gram Panchayat Development Plan (GPDP), Block Panchayat Development Plan and District Panchayat
Development Plan for FY 2025-26.
o Preparation of Gram Sabha wise calendar and identification of Thematic developmental gaps based on the
Panchayat Development Index (PDI), to be presented in the Gram Sabha.
> Thematic approach is based on localization of Sustainable Developmental Goals (SDGs) by adopting a
‘Whole of Government and Whole of Society approach.’
> PDI is a multi-domain and multi-sectoral index that is intended to be used to assess the overall holistic
development, performance & progress of panchayats.
o Inclusive participation: Engage the youth and the elderly (more than 75 years) for
handholding in preparation of GPDPs.
> Collaboration with Unnat Bharat Abhiyan (UBA): By involving over 15,000 students this year from Higher
Education Institutions (HEIs).
o The approved GPDP to be published on the e-Gram Swaraj portal.
Constitutional Provisions
• Article 40 (DPSP): Organization of Village Panchayats and endowing them with such powers and authority as may
be necessary to enable them to function as units of Self Government.
• 73rd and 74th Constitutional Amendment Acts: Constitutional legitimacy given to the system of Local Self-
Governments.
• Article 243G: Recognize the Panchayats as institutions of self-government, it mandates them to prepare plans
for Economic Development and Social Justice.
o This is to be done based on the 29 subjects under the Eleventh Schedule of the Constitution.

People’s Participation
• People’s participation means direct involvement of all stakeholders in the decision-making process which is
likely to affect their lives.
Significance of People’s participation in Development Planning
• Improves implementation Efficiency and Effectiveness: People’s participation in developmental planning
improves project acceptability, ensures a more equitable distribution of benefits, and promotes local resource
mobilization.

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 o E,g., MGNREGA focus on progress review by Gram Sabhas, monitoring through Management Information
System (MIS) and post-completion scrutiny by social audit.
• Inclusive decision-
making: People’s
participation
empowers citizens
for responsible
development
planning, providing a
sense of ownership
leading to improved
citizen satisfaction.
o E.g., MyGov
Saathi 2.0 involve
citizens in the
governance
process and
promote active
participation in nation-building.
• Self-reliance: Active involvement aids in breaking the psychological barrier of dependence while improving their
awareness, self-confidence and control of the development process.
o E.g., Self-Help Groups (SHGs) under the National Rural Livelihood Mission (NRLM)
• Coverage: People's participation in the decision-making process widens the coverage among all sections including
deprived and weaker sections.
o E.g., In Swachh Bharat Abhiyaan, the Government mobilised community volunteers, to ensure reaching every
person and initiating behavioural change for sustaining cleanliness.
• Sustainability: People's involvement in governing the scheme creates local capability and ownership of
resources, providing long-term solutions to local problems.
o E.g., Joint Forest Management (JFM) involves the state forest department and local communities in protecting
and managing forests.
• Improved Project
design: Active
community
participation in
planning aids
streamlining project
design to inculcate
local knowledge and
needs.
Way Forward
• Policy integration:
Integration of participatory planning with the conventional planning framework and government policies.
• Strengthening local governance: Local self-government structures and processes need to be streamlined to ensure
people’s participation.
• Technological integration: Promoting digital technology-based tools for improved participation such as
participatory GIS (Geographic Information System) etc.
• Community Capacity Building: People should be made aware about the significance of participation and be
encouraged to take part, especially vulnerable groups like women and marginalized communities.
• Behavioural change: Encouraging people to engage in governance by changing attitudes and empowering them is
essential for sustaining their participation.

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1.2. FREE LEGAL AID
Why in the news?
The Supreme Court (SC) issued directions for Legal Services Authorities (LSAs) to ensure access to free legal aid for
prison inmates.
SC Directions to ensure access to free legal aid for prison inmates
• Strengthening Legal Services Authorities: The National Legal Services Authority (NALSA) in cooperation with the
state and district level legal authorities shall ensure effective implementation of SOP-2022 with periodic upgradation.
• Strengthen the monitoring of Prisoner Legal Aid Clinics (PLACs): Periodic review of the functioning of the PLACs
by the Legal Services Authorities (LSAs).
• Data-led improvements: The LSAs to periodically update statistical data and address the shortcomings highlighted
on the analysis of this data.
• Legal Aid Defence Counsels: Periodic inspection and audit of the work of the Legal Aid Defence Counsels should
be carried out.
• Awareness generation: Improving awareness about available schemes and legal aid services including literature in
local languages and employing appropriate promotional methods.
• Effective Communication: Periodic interaction by the LSAs with convicts as well as Jail Visiting Lawyers (JVLs) and
Para Legal Volunteers (PLVs).
o The High Courts may on their webpage carry information about the legal aid facilities available in the State.
• Periodic reporting: Periodic reports should be submitted by the DLSAs to the SLSAs and the SLSAs to the NALSA and
the process can be digitized for ease of access.
About free legal aid in
India
• Legal aid in India
refers to the
provision of free
legal services to
individuals who
are unable to
afford legal
representation or
access to the
justice system.
• Legal aid can
include legal
advice, representation in court proceedings, mediation, negotiation, and alternative dispute resolution
mechanisms.
• Constitutional provisions for legal aid
o Article 21: It states that no person shall be deprived of his life or personal liberty except according to
procedure established by law.
o Article 39-A: Ensure ‘Equal Justice and Free Legal Aid’ to ensure that opportunities for securing justice are
not denied to any citizen because of economic or other disabilities, inserted by the 42nd Constitutional
Amendment (1976).
• Statutory provisions
o Legal Services Authorities Act, 1987 (came into force in 1995): To constitute legal services authorities to
provide free and competent legal services to the weaker sections of society.
> National Legal Services Authority (NALSA), State Legal Services Authority (SLSAs) and the District Legal
Services Authority (DLSAs) were accordingly constituted.
o Section 341 of the Bhartiya Nagarik Suraksha Sanhita, 2023: Legal aid to accused at State expense in certain
cases where the accused lacks the means for legal engagement.

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 The National Legal Services Authority (NALSA)
• It is a statutory body constituted under the Legal Services Authorities Act, 1987 to provide free and competent
legal services to the weaker sections of the society.
• Functions:
o Formulate policies, principles, guidelines and frame effective schemes for the State Legal Services
Authorities to implement the Legal Services Programmes throughout the country.
o Monitor and evaluate implementation of legal aid programmes.
o Organize Lok Adalats for amicable settlement of disputes.
• Eligibility for free legal aid:
o Women and children
o Members of Scheduled Castes/Scheduled Tribes
o Industrial workmen
o Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster.
o Persons with Disabilities
o Persons in custody in protective home, juvenile home, or in a psychiatric hospital.
o Persons whose annual income does not exceed Rs. 1 lakh ( Unde the Legal Services Authorities Act, 1987,
higher amount may be prescribed by the State Govt)
> In the Supreme Court Legal Services Committee the limit is Rs. 5,00,000/.
o Victims of Trafficking in Human beings or beggar

Significance of free legal aid

• Social welfare and justice: It aids in addressing systemic inequalities and empowering marginalised
communities by enabling them to challenge discriminatory practices.
o It helps to bridge the gap between the rights guaranteed by law and the ability of individuals to enforce those
rights.
• Protection of rights:
Legal aid plays a crucial
role in protecting and
promoting fundamental
rights and liberties,
including the right to a
fair trial, the right to
equality before law, the
right to legal
representation, and the
right to access to
courts.
• Strengthening rule of law: Legal assistance promotes adherence to legal norms and procedures, thereby,
enhances public trust and confidence in the justice system.
• Legal awareness: Legal aid provides both representation and education about the legal rights to people.
Government Steps
• Designing Innovative Solutions for Holistic Access to Justice in India (DISHA) scheme: To strengthen pre-
litigation mechanism.
• Tele-Law: To facilitate delivery of legal advice through an expert panel of lawyers – stationed at the SLSA.
• Nyaya Bandhu (Pro Bono Legal Services) programme : Through this interested lawyers can register themselves
to volunteer pro bono services for the underprivileged litigants.
• Nyaya Mitra programme: To facilitate disposal of 10 to 15 years old cases (both civil and criminal cases)
pending in High Courts and Subordinate Courts.
• Lok Adalat: One of the alternative dispute redressal mechanisms, where disputes/cases pending in the court of
law or at pre-litigation stage are settled/ compromised amicably.
o There is no court fee payable when a matter is filed in a Lok Adalat.

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Way forward
• Policy implementation: Policies should focus on increasing funding for legal aid, simplifying eligibility criteria,
and improving coordination between different stakeholders.
• Strengthening institutional capacity: Building capacities of LSAs, enhancing infrastructure and resources and
strengthening monitoring and evaluation mechanisms.
• Awareness generation: For example, Haq Humara bhi toh hai@75 campaign in 2022 for providing basic legal
assistance to persons confined in prisons and children in child care institutions.
• Leveraging Technology: To enable solutions to expand the reach and efficiency of legal aid services.
o Prison records can be made available digitally for ease of access for providing effective legal aid by the courts.
• Quality legal aid: A threshold level of competence and due diligence in the discharge of his duties as a defence
counsel to be ensured. (Ramanand@ Nandlal Bharti v. State of U.P., 2022)
Related news: SARTHIE 1.0
The Department of Social Justice and Empowerment (DoSJE) and National Legal Services Authority (NALSA)
launched SARTHIE 1.0.
About SARTHIE 1.0
• Aim: Empower disadvantaged communities (like Scheduled Castes, Transgenders, Denotified and Nomadic
Tribes, etc.) through awareness generation, legal support promoting effective access to welfare schemes.
o Offers synergy between executive and judiciary to further social justice.

1.3. RIGHT TO INFORMATION (RTI) ACT, 2005

Why in the News?
As the Right to Information (RTI) Act, 2005 approaches its 20th anniversary in 2025, it is crucial to reflect on its impact
and the challenges it faces.
About RTI Act, 2005
• It was enacted in June 2005 and came into force in October 2005.
• The act provides citizens the right to secure access to information under control of Public Authorities (PAs).
• Coordinating agency: Department of Personnel and Training under Ministry of Personnel, Public Grievances
and Pensions (MoPPG&P).
• Background:
o Right to Information finds articulation as a human right in the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Rights.
o India enacted the “Freedom of Information Act, 2002” in order to promote, transparency and accountability in
administration.
o Later, RTI Act 2005 replaced the Freedom of Information Act, 2002.
o ‘Raj Narayan v/s Uttar Pradesh Government’: Supreme Court
established the Right to information as a fundamental right
under the Article 19 of Indian Constitution.
Key Provisions of the RTI Act
• Institutional framework:
o Central and State Information Commissions: to oversee its
implementation and address appeals regarding non-disclosure of information.
o Central Public Information Officers (PIO) or State PIO: in every public authority to provide information to
persons requesting for the information under this Act.
• Rights provided:
o Every citizen has the right to request information from a public authority.
o Obligations of Public Authorities (Section 4): To maintain records and proactively disclose certain categories
of information to minimize the need for formal requests.

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• Applicability: Public Authorities, including all authorities/bodies/institutions of Government established under the
Constitution, any other law made by the Parliament or a State Legislature or through notification issued/order made
by the appropriate Government.
o It also includes bodies owned, controlled or substantially financed by the Central/State Government and non-
Government organisations substantially financed (directly/indirectly) by the Central/State Government also
fall within the definition of public authority.
• Exemptions from Disclosure:
o Section 8: Certain information is exempt from disclosure (see infographic).
o Certain intelligence and security organisations specified in the Second Schedule: Includes 27 organizations
like Computer Emergency Response Team (CERT-In), Intelligence Bureau, Research and Analysis Wing,
Directorate of Enforcement, National Technical Research Organisation etc.
• Jurisdictions:
Lower courts are
barred from
entertaining suits or
applications.
o However, the
writ jurisdiction
of the Supreme
Court and high
courts under
Articles 32 and
225 of the
Constitution
remains
unaffected.
• Other key Provisions:
o Penalties: In case of failure to provide information on time, incorrect, incomplete etc.
o Time Frame for Providing Information: Within 30 days of the request; for matters concerning life or liberty, it
must be provided within 48 hours.
o Appeals: Citizens can appeal against decisions of PIOs if their requests are denied or inadequately addressed.
• Amendments:
o Right to Information (Amendment) Act, 2019 modified the terms and conditions of employment for the
Information Commissioners (ICs) at the Central and State Levels.
> It empowered the Central Government to prescribe the Terms, Salaries, Allowances and Other terms of
service of Chief ICs and ICs (at the central and state level).
o Digital Personal Data Protection (DPDP) Act, 2023: Amended section 8(1)(j) of RTI law to exempt all personal
information from disclosure.
Significance of Right to Information
• Empowerment of Citizens: RTI Act empowers citizens to actively
participate in the democratic process by providing them with the
means to access information about government activities, policies,
and decisions.
• Transparency: Proactive disclosure of important information (Sec
4) by governmental agencies constitutes the essence of transparency
in governance.
• Accountability: Public authorities are required to justify their actions
and decisions when requested by the public.
• Expose Corruption: RTI Act was used to uncover the illegal allotment of apartments in the Adarsh Housing Society.
• Effective Implementation of Policies and Welfare Schemes: In Rajasthan, RTI was used to expose discrepancies
in MGNREGA records.

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Challenges in implementation of RTI Act
• Functional Issues: As per 2023-24 report of the Satark Nagrik Sangathan.
o Defunct ICs and vacancies: 7 out of 29 information commissions were defunct between July 2023 to June
2024.
> 9 commissions were without a chief information commissioner.
o Inordinate delays: 14 commissions would take 1 year or more to dispose a matter.
o Backlogs: Over 4 lakh appeals and complaints are pending across 29 information commissions across India
(June 2024).
> Also, 42% of the appeals/complaints received by the CIC were returned.
o Skewed gender composition: Since the passage of the RTI Act in 2005, merely 9% of all information
commissioners across the country have been women.
• Structural Issues:
o Exemptions: RTI laws often include exemptions for certain types of information, such as national security or
personal privacy which are open to interpretation.
o Authorities lying outside ‘Public Authority’ definition: For instance, PM CARES Fund is not a “public
authority” under RTI Act, 2005.
o Dilution through amendments: For instance, RTI (Amendment) Act, 2019 may impact the independent
functioning of ICs.
• Procedural Issues:
o Bureaucratic Resistance: Public officials may be reluctant to disclose information that could expose
wrongdoing, inefficiency, or corruption within their own departments.
o Non-Compliance: Political parties haven’t appointed information officers, Act stating they are not public
authorities.
o Lack of Awareness and Education: It can lead to underutilization of RTI.
• Other issues: Lack of protection of RTI activists; Inadequate training of PIOs; COntradition with Official Secrets Act,
1923 etc.
Way Forward
• Recommendations of 2nd ARC in its report entitled, “Right to Information – Master Key to Good Governance:
o Establish National Coordination Committee (NCC): As a national platform for effective implementation of the
Act via monitoring the functioning of the national portal for RTI, carrying out impact evaluation of the
implementation of the Act etc.
o Awareness campaigns: Can be entrusted to credible non-profit organizations at the State level.
• Recruitment of adequate staff: In the public authorities for proper functioning of RTI.
• Proper record keeping by experts: So that information can be retrieved as per the requirement of the information
seekers.
• Other steps: Separate chapter, “Protection of those seeking information under the (RTI) Act”; Rigorous RTI
training to government officials, Digitisation of Records etc.

1.4. NEWS IN SHORTS

1.4.1. SUPREME COURT QUESTIONS FEASIBILITY OF GRAM NYAYALAYAS
SC raised concern regarding the feasibility of setting up Gram Nyayalayas (village courts), as mandated by the Gram
Nyayalayas Act of 2008.
• Gram Nyayalayas ensures that opportunities for securing justice are not denied to any citizen by reason of social,
economic or other disabilities.
Key Concern raised by SC
• Establishment of Gram Nyayalayas by States/UTs is mandatory or not: Section 3 of the Act provides that
governments "may" constitute Gram Nyayalayas.
• Resource Crunch: State governments, already facing limited resources for regular courts, find it challenging to
fund additional gram nyayalayas.

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• Rising Burden: They may end up burdening high courts with appeals and writ petitions.
Key Features of Gram Nyayalayas
• Seat: Establish at intermediate level Panchayat or a group of contiguous Panchayats.
o State government appoints 'Nyayadhikari' for each Gram Nyayalaya in consultation with the high court.
• Jurisdiction: Shall be a mobile court, with both civil and criminal jurisdiction.
• Dispute Process: Disputes are to be preferably settled with the help of conciliation.
o Social workers may be appointed as Conciliators.
o They are not bound by the Indian Evidence Act, 1872 (replaced by the Bharatiya Sakshya Adhiniyam) but by
Principles of Natural Justice.

Implementation Status of Gram Nyayalayas

• There was an initial target of around 2,500 gram nyayalayas, however, fewer than 500 have been established, with
only 314 currently operational across India.
• States such as Maharashtra, Madhya Pradesh and Rajasthan have shown progress, yet other major states,
including Uttar Pradesh and Bihar, have seen limited or no implementation.
Initiative to Support Gram Nyayalayas
• Under Gram Nyayalayas scheme (Centrally Sponsored Scheme (CSS)), Union Government provides financial
assistance to States to set up Gram Nyayalayas.

1.4.2. SECTION 6A OF CITIZENSHIP ACT

Constitution bench of Supreme Court (SC) upheld the validity of Section 6A of Citizenship Act.
• Section 6A is a special provision added through Citizenship Amendment Act, 1985 in furtherance of a
Memorandum of Settlement called the ‘Assam Accord’ between then central government and leaders of the Assam
Movement.
• It conferred citizenship to those who migrated from East Pakistan (now Bangladesh) to Assam from January 1,
1966, until 24 March 1971 upon completion of ten years from the date of detection as a foreigner.
SC judgment:
• On legislative competence of Parliament to enact Section 6A: Law is enacted in exercise of power under Article
246 read with Entry 17 of List I (Union list)
o Entry 17 deals with Citizenship, naturalization and aliens.
• Article 14 (Equality): Assam’s special citizenship law does not violate equality because the migrant situation in
Assam was unique compared to rest of India.
• Impact on Culture (Article 29 (1)): No evidence that migrants harmed cultural rights of Assamese.
• On the cutoff
date of 24
March 1971: It
is reasonable
because
Pakistani Army
launched
Operation
SearchLight to
curb Bangladeshi nationalist movement in East Pakistan on 26 March 1971.
o Migrants after this date were considered to be migrants of war and not partitions.
For more information on Citizenship and Its Rules, refer to Article 1.2 Citizenship (Amendment) Rules, 2024 in March 2024
Monthly Current Affairs Magazine.

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1.4.3. UNIVERSAL POSTAL UNION (UPU)
Department of Posts, India has released commemorative postage stamps to mark the 150th anniversary of the Universal
Postal Union.
• India Post, world’s largest postal network is also observing 170 years of its formation.
Universal Postal Union (UPU)
• Established as General Postal Union on October 9, 1874, through Treaty of Bern.
o Second oldest international organization after International Telecommunication Union (ITU), formed in 1865.
o World Post Day is celebrated on anniversary of establishment of UPU.
• HQ: Bern, Switzerland.
• Members: 192 countries. India is one it’s oldest and most active members.
• UPU is a United Nations specialized agency.
1.4.4. INTERNATIONAL TELECOMMUNICATION UNION (ITU)
ITU’s World Telecommunication Standardization Assembly (WTSA) 2024 held in New Delhi.
• WTSA is the governing conference for the standardization work of the ITU, organized every four years.
• It is for the first time that the ITU-WTSA is being hosted in India and the Asia-Pacific.
About ITU
• Genesis: In 1865, the first International Telegraph Convention signed in Paris established International Telegraph
Union (the first incarnation of ITU).
• Role:
o UN’s specialized agency for digital technology
o Harnessing innovation and connecting everyone to ensure a better future for all
• Members: 193 Member States (including India)
• Headquarters: Geneva (Switzerland)

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