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Polity

The document outlines various legal and political issues in India, including the need for judicial reforms, the importance of women's representation in politics, and the impact of technology on elections. It discusses significant cases, legislative changes, and societal challenges such as hate speech and electoral transparency. Additionally, it highlights the role of the judiciary in upholding rights and the evolving nature of democracy in the country.

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Ahmad
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0% found this document useful (0 votes)
13 views8 pages

Polity

The document outlines various legal and political issues in India, including the need for judicial reforms, the importance of women's representation in politics, and the impact of technology on elections. It discusses significant cases, legislative changes, and societal challenges such as hate speech and electoral transparency. Additionally, it highlights the role of the judiciary in upholding rights and the evolving nature of democracy in the country.

Uploaded by

Ahmad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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●​ Black court syndrome -fear of citizens to judiciary

●​ Hamara samvidhan hamara swabhiman our constitution our pride program for 75 year of
constitution
●​ India being the proud “mother” of democracy needs to better acknowledge its women
members of constituent assembly.
●​ Assam witness protection scheme
●​ France Abortion constitutional right
●​ Justice Should have 3 A's Accessinle Affordable Accountable
●​ Reasonability doctrine Israel Supreme court
●​ e FIR
●​ Vohra Committee Report on Criminalisation of Politics
●​ Indrajit Gupta Committee on State Funding of Elections,
●​ Anuradha Bhasin Guidelines for issuing internet suspension
orders and to test the validity of such orders and their periodic review.
●​ “Electoral autocracy”
●​ Anju Qadri Vs UoI uphold up madrassa act

MEDIA
●​ Chhatisgarh protection of media persons act 2023
●​ Mukesh Chandrakar,Bastar journalist killed for exposing corruption
ELECTION
●​ Naxal Affected Gadchiroli District 73.68 % Voting .Mumbai City 52.07% Voting
●​ Transformation from vote bank politics to value based politics
●​ Totalised to mask booth voting pattern and avoid post election harassment of voter(law
commission)
●​ Urban Apathy in voting -Mumbai just 55%
●​ Linking paid leave for voting to proof of voting
●​ AP 82% polling
●​ 18 km trek by polling officers inside deep forest in edamalakudi for single voter
●​ Subramanian Swamy Vs EC
Election process should have fullest transparency in system and to restore the
confidence of voters
●​ Candidate has right to privacy
●​ Suvidha portal of EC for permission to parties for poll campaigns
●​ #Turning_18,#You_are_the one campaign part of SVEEP by EC

EVM
●​ Voter confidence
●​ Confidence to election watchdog EC
●​ Barcoding vvpat paper and counting using machine(Justice Sanjeev khanna )
●​ Germany back to paper ballet .But India 98 crore voters Vs Germany 6 crore voters

AI IN ELECTION
●​ Modi’s speech translated to 8 languages in same time
●​ “How to win an Indian election” book by shiv Shankar Singh explains “whatsapp allows
targeted delivery of information to voters and act as an excellent tool to mobilize party
workers”
●​ Deepfake
●​ Fake accounts
●​ Social media
●​ AI bots

HATE SPEECH
●​ Canada - Online Harms Bill C-63, which will give police the power to retroactively search
the Internet for ‘hate speech’ violations and arrest offenders, even if the offence occurred
before the law existed

JUDGE POST RETIREMENT JOBS


●​ US - Lifetime appointment of judges
●​ Cool off period(minority judgement in Roger Mathew Vs South Indian Bank)
●​ Judiciary can come up with guideline like Bengaluru principles on conduct of judge

PARLIAMENTARY PRIVILEGE
●​ JMM bribery case over ruled by SC

SC SUBCLASSIFICATION
●​ Davinder singh Vs State of PJ
●​ A142 143 president to draw up a list of sc&St
●​ Equality vs Equity
+ve
●​ Scavenders considered untouchable among untouchables
-ve
●​ Balkanisation of list
●​ Misuse for political appeasement
●​ Against Article 341-Authority only to Parliament (E V Chinnaiah Vs AP)

CRIMINAL DEFAMATION
●​ Subramanian Swamy vs Union of India
Upheld the constitutionality of defamation as a criminal offence and held that it was a
reasonable restriction to the freedom of speech and expression.
●​ Global trend towards decriminalisation:
International support, including from the United Nations, favours shifting from criminal to
civil defamation laws to better protect freedom of expression. countries like the United
Kingdom, Norway, Denmark, Ireland, etc. have moved away from criminal defamation,
favouring reforms that emphasise free speech and media freedom.

PRI
●​ “Panchayat Se Parliament 2.0”, an event to felicitate women panchayat representatives
●​ PRIs earn only 1% of income through tax RBI report
●​ Pimpri municipality mou undp for social impact bond

REMISSION
●​ Laxman Naskar Vs SoWB SC guideline in remission application

POLICE
●​ “Instead of working with danda(police baton),police must now work with data” PM
●​ Kheda flogging
●​ DK Basu guidelines against police abuse and custodial violence

TELECOM BILL
●​ People’s Union for Civil Liberties v. Union of India: The Supreme Court acknowledged
that telephone tapping violate A19 and A21
●​ K.S. Puttuswamy v. Union of India: Fundamental right to privacy identified as
part of Article 21.
Need
●​ govt can take possession -
26/11
Natural calamities
●​ Non auction route-
National security

A 370
●​ “Strengthened the spirit of Ek Bharat,Shreshta Bharat” PM
●​ Truth and Reconciliation commission for human rights violation investigation and report
since 80s

AGE OF ELECTION CONTEST TO 18 YEARS


●​ PRS 47 percent of Lok Sabha MPs were over 55 years old. 2.2% under 30
●​ 18 years in UK,Canada

BORDER DISPUTE
●​ Anthapur residents in TG MH border vote in 2 state elections

ELECTORAL BOND
●​ Billionaire raj
●​ Electoral trust is more transparent
●​ Shell companies as no limit on % of company's profit which can be donated
●​ Crony capitalism
●​ Only selective confidentiality (SC)
STATE FUNDING ELECTION
●​ 34 countries in some form or other public fund election
●​ Norway 74% fund by state

GOVERNOR
●​ A200 G to act as soon as bill passed by state LA

SPEAKER
●​ SC "There is a growing trend of speakers acting against constitutional duty of being
neutral " in KA case

ETHICS COMMITTEE
●​ Set up in 2000 to examine complaints related to unethical conduct of MPs
●​ Asked to formulate code of conduct to MPs
●​ Unethical conduct not defined
●​ 1951 H G Mudgal case

RAJYASABHYA
●​ SUPREME COURT IN in Kuldip Nayar case held that “The composition of the Upper
House has become an indicator of federalism, so as to more adequately reflect the
interests of the constituent States and ensure a mechanism of checks and balances
against the exercise of power by Central authorities that might affect the interests of the
constituent States.”

PIL
●​ PIL against Darwin's evolution theory

SC ST ACT
●​ Vachathi case 1992 judgement(Victory of sc st act)
1992 to 2023 30 years

PARLIAMENT
●​ Indian MP represent 20 lakh people vs US 7 lakh

WOMEN
●​ Deepika Singh vs Central AdministrativeTribunal case (2022), a nurse was not granted
maternity leave for her biological childafter availing childcare leave for her non-biological
children. The Supreme Court ofIndia ruled in 2022 that her right to maternity leave could
not be denied based on herprevious use of childcare leave. The court emphasized that
the definition of "family"should be inclusive and not limited to traditional nuclear families.
Denyingmaternity leave on such grounds was deemed discriminatory and a violation of
the rightto equality.
●​ The Shakti Vahini case (2018) was a landmark case that dealt with the issue of honour
killings and the rights of individuals to choose their life partners. TheSupreme Court of
India recognized that the right to choose a life partner is an essentialaspect of the right
to life and liberty guaranteed by Article 21 of the Indian Constitution

128th AA
WOMEN RESERVATION
●​ 16x increase in women candidates since election EC
●​ Nari Shakti vandhan adhiniyam shattering a political glass ceiling
●​ India 14.4% Vs South Africa 45%
●​ Mizoram 0 women mla
●​ Capacity building of first time elected representatives Eg EMILYs List in US-Campaign
guidence
●​ RS only 12% women
●​ Naam Tamilar Katchi, a State party in Tamil Nadu, has been following a voluntary quota
of 50% for women candidates in the last three general elections.

WOMEN IN POLICE
●​ 11.74% women among state police M/o Home
WF
MHA
●​ Special grant to start women desk in every police station
●​ Seperate plan to build toilets for women
●​ Creche in every police station

●​ Uniform police act as police is state subject


POCSO Act amendment
●​ Will hinder fight against child marriage, trafficking,’ law panel against reducing age of
consent
●​ The Law Commission, however, said amendments were needed to the POCSO to
“improve the situation” in cases where there was tacit approval on part of children aged
16 to 18 years.

DEMOCRACY
●​ Dissent is the safety valve of democracy SC
●​ NCERT to introduce electoral literacy content in text books to address voter apathy
among young Indians
●​ Democracy room in schools by EC

LEGISLATIVE
●​ National eVidhan Application (NeVA)
A Mission Mode Project for Digital Legislatures to make the functioning of all Legislative Houses
in the country paperless on the theme of ‘One Nation – One Application’.
●​ “Opposition Day” in Britain allow the Opposition a day a
week to set the agenda.Opposition parties to select specific policy areas
or issues they want to bring to the floor of the House for debate.

PRISON REFORM
●​ Sukanya shantha vs UoI
principle of non discrimination on basis of caste
●​ GPS tracker to prisoners in bail(parliamentary standing committee)
●​ Jammu and Kashmir Police have introduced GPS tracker anklets to monitor the
terror-accused people on bail in the union territory
●​ Ludhiana jail Parivar Mulakath or Family visit to jail
Right to procreation survives incarceration PJ HC

JUDICIARY
●​ 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.
●​ Third Party Litigation Fund TPLF
AK Balaji Vs Bar council ‘potential equaliser in the court room’
●​ PM “ease of justice is the right of every citizen”
●​ National Judicial Data Grid -Transparencya nd accountability -part of e courts project
●​ New lady of justice
not blindfold
Scales & book not sword
Saree clad
“Law is nit blind.It see everyone equally”
#decolonising

JUDICIAL PENDENCY
●​ Ajmer gangrape survivor gang raped as a teens and visiting courts as grandmothers"I
am now a grandmother leave me alone"
●​ France-Seperate court of appeal(law commission recommendation)
●​ Judicial Impact Assessment of every legislation -Jagannath Rao committee

WOMEN IN JUDICIARY
●​ “More women judges a constitutional imperative for better justice” BV Nagarathna
●​ Karnataka HC suggestion to deny seniority to pregnent judge(But later path
administered in hospital)
REGIONAL BENCH
+Ve
●​ Hazari court division in Delhi led to vibrant district bars in Saket,Rohini etc
-ve
●​ Lead to Balkanisation of SC
FREEBIES
●​ Freebies extract a great social and economic price in long term

CRIMINAL LAW REFORMS


●​ eSakshya app for police to record crime scene
●​ The envisioned criminal reforms must foster rule of law and fortify the pursuit of justice
●​ Community service as punishment for petty cases -reformation approach
●​ Scotland amount of time a person can be detained without charge is 6hr Vs India 90
days
●​ Stepping stone to fair,just and efficient criminal justice system

UNIONISM Vs FEDERALISM
●​ Article 256 state bound by law and directions of Centre

ONE ELECTION
●​ Y V Reddy finance commission -elections meant to hold govt accountable is disrupting
governance
●​ Unseating elected state govt affect basic structure
●​ Term of new assembly only until next cycle

CBI
●​ Vinay Narain case,struck down prior approval requirement
●​ Section 6A restored prior approval -later sc struck down
NHRC
●​ The A.M. Ahmadi Committee set up by the Commission recommended that the
Commission should be empowered to inquire into any matter after the expiry of one
year, if there is sufficient reason for not filing the complaint within the said period.

NEW ZEALAND
●​ Mixed member proportional
●​ 2 votes which means voters can split vote
●​ Party vote for overall composition of Parliament
●​ Electorate vote to elect MP
Advantages
●​ Localized accountability
●​ Party can stick to their ideology and policies as they need not concentrate on individual
candidate winnability
●​ Improve representation of women (21% in 1990s to 51% now), indigenous
communities(Maori representation rose)
●​ Enhance democracy by letting voters express diverse range of political preference
without wasting their vote
●​ Flexibility,allow voters to select best party candidate combination
●​ Avg age of MPs declined to 47 due to low entry barrier to young politicians
●​ Ability to distinguish between candidate and Party signifies a mature democracy

REFORMS TO SC
●​ splitting the Supreme Court into two divisions: a Constitutional Division and a Legal
Division.(Law commission)
●​ Establishing a National Court of Appeal to handle special leave petitions (SC in “Bihar
Legal Support Society v. Chief Justice of India” case.)
●​ four regional Supreme Court benches to hear non-constitutional cases.(LC)

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