Polity & governance 130+

• Zero FIR (sec 173 of BNS)

◦ e-FIR also allowed
◦ Police answerable to victim on progress of investigation within 90 days - sec 193
• Calcutta HC judge Abhijit Gangopadhyay joins BJP days after retirment
• This year marks the beginning of the 50th year since the imposition of Emergency on June 25, 1975.
◦ In the general elections that followed, the poor and illiterate Indians revolted against the excesses of the Emergency and voted in the
first-ever non-Congress govern- ment at the Centre
◦ The Emergency serves as a stark reminder of the need to protect the rights and freedoms of individuals in any society. As the well-known
adage goes, “eternal vig- ilance is the price of liberty.”
• The Salary and Allowances of Leaders of Opposition in Parliament Act, 1977
◦ RaGa was selected as LoOP in LS
◦ The Act describes the Leader of Opposition as a “member of the Council of States or the House of the People, as the case may be, who
is, for the time being, the Leader in that House of the party in opposition to the Government having the greatest numer- ical strength and
recognised as such by the Chairman of the Council of States or the Speaker of the House of the People”.
◦ Convention - party should have atleast 1/10th members of house
◦ 2014 & 2019 - post remained empty
◦ Sits in the front row to the left of the Chair,
◦ opposition’s representa- tive in the high-powered committees headed by the Prime Minister for appoint- ment to key posts such as the
Director of CBI, the Central Vigilance Commissioner and Chief Information Commissioner, the Chairperson and Members of the National
Human Rights Commission, and the Lokpa
• OpenAI says stalled attempts by Israel-based company to interfere in Indian elections
• 18th LS election had to be conducted in 7 phases due to shortage of polling staff
• Patna HC struck down Bihar govt's decision to raise reservation cap from 50% to 65% based on caste survey.
• J&K massive 58.5% voter turnout (highest in past 35 years)
• Stringent bail criteria under sec 45 of PMLA -> twin test = court has to be satisfied that reasonable grounds exist to believe accused isn't
guilty and won't commit any offence while on bail
◦ Vijay Madanlal Choudhary (2022) - Upheld constitutional validity
• 64cr voters which is 1.5 times the voters of all G7 countries.
• Over 4.5 lakh complaints of MCC violation received on cVigil app during 18th LS elections
• "Democracy cannot succeed unless those who express their choice are prepared to choose wisely" - Franklin D Roosevelt
• While male party workers stop at door, women workers go up to kitchen, giving them added advantage in reaching out to women voters.
• 4472 cases against MPs/MLAs pending across country as of April 2024 (ADR)
• In matters concerning personal liberty, each day counts - SC
• EC power - cancelled 2017 by-election in TN due to detection of black money detecition
• Remission (Bilkis Banos) - under CrPC

Preamble • Berubari Union (1960) - preamble is not part of constitution

• KB case (1973) - can amend without altering basic structure

DPSP • Champakam Dorairajan (1951) - DPSP are subsidiary to FR but

Parliament can amend FR
• Sankari Prasad case (1951) - upheld first amendment
• Golaknath case (1967) - FR are sacrosanct, Parliament cannot
amend to implement DPSP
• KB case (1973) - doctrine of harmonious construction
• Minerva Mills (1980)

Free speech • 116 instances of internet shutdowns in 2023 (AccessNow report)

- highest in world
• PIB's Fact check unit busted 338 instances of fake news in 2022

1. Kedarnath Singh (1962) - mere criticism of govt cannot be

termed sedition - must involve incitement to offence or tendency
to create public disorder
2. Rangarajan vs Jagjivan ram (1989) - mere threat to public
order cannot be ground to curb feee speech
3. Shreya Singhal (2015) - stuck down sec66A (criminalises
sending offensive messages)
4. Anuradha Bhasin (2020) - Right to Free speech and carry trade
R Jayasimha Reddy | AIR 46 CSE 2024
 4. Anuradha Bhasin (2020) - Right to Free speech and carry trade
through internet protected under 19(1)(a) & 19(1)(g)
5. Amish Devgan (2020) - right to free speech doesn't include
hate speech
6. Shaheen Bagh case (2020) - right to protest is not absolute,
public spaces cannot be blocked indefinitely
7. Pravasi Bhalai Sangatan (2014) - hate speech marginalises
individuals based on their membership of a group
8. Chaman Lal v. State of Punjab (1970): SC established the
criteria for proving good faith and bona fide in defamation cases.
9. P.A Jacob case (1993): 19(1)(a) doesn't include freedom to use
loud speakers -> right to live peacefully
10. 19(2) - public order, incitement to offence, etc.
11. Sec 123 of RPA 1951 -> disqualification for hate speech
12. Sec 353 (BNS) -> criminalises promoting enemity; Sec 356 ->
defamation (Rahul Gandhi case)
13. Safe harbour - sec79 IT act 2000 [legal protection for
intermediary for third-party content online]
14. Law Commission 267th report - Hate speech is incitement to
hatred on grounds of race, gender, religious belief, sexual
orientation, etc.
15. T.K Viswanathan committee - spl courts to try hate speech
cases
16. Bezbaruah committee - counter prejudices through curriculum
changes
17. Gauba committee - Making intermediaries responsible for
spread of fake news on their platforms
18. B.N Sri Krishna committee
19. Shyam Bengal committee - emphasis on certification than
censorship (for films)

Reasonable 1. Doctrine of proportionality - Shreya Singha (2015), K.S

restrictions on Puttaswamy (2017)
FR 2. Doctrine of necessity - least restrictive means no other less
restrictive alternative avialble - Menaka Gandhi 1978
3. Restrictions must be imposed through law not departmental
instruction/executive order - Chintanman Rao case (1951)
4. No arbitrariness - DS Nakara 1983

Right to life 1. A.K Gopalan case (1950) - 21 can be curtailed by procedure

and liberty established by law (narrow textual interpretation of article 21)
2. ADM Jabalpur (1976) - article 21 not sacrosanct (taken away
during emergency)
3. Menaka Gandhi (1978) - due process of law
4. Hadiya case (2018) - upheld right to chose life partner (19 & 21)
- inter-faith marriages
5. State of UP vs Kaushalya - right to movement of prostitutes can
be curtailed in interest of public health & public morals
6. Bachan Singh - death penalty only in rarest of rare cases

Parliamentary 1. PV Narsimha Rao judgement (1998) aka JMM bribery case

privileges 2. Sita Soren judgement (2024) - no immunity for taking bribe to
vote/speak in parliament
a. 7-judge bench overturned PV Narasimha Rao judgement
3. Raja Rampal case (2007) - upheld the power of Parliament to
expel its members for breach of privilege
4. Searchlight case (1959)
5. Committee on Privileges of 11th LS recommended merging ethics
committee and privileges committee.

Gender justice 1. Shayara Bano (2017)

2. NALSA (2014) - recognized transgender as 3rd gender
3. Hadiya case (2018) - upheld right to chose life partner (19 & 21)
- inter-faith marriages
4. Vineeta Sharma (2020)
5. Babita Puniya (2020)
6. Supriya Chakraborty (2023) - right to marry is not a
R Jayasimha Reddy | AIR 46 CSE 2024
 6. Supriya Chakraborty (2023) - right to marry is not a
fundamental right (case of judicial restraint)
a. Declined to grant legal recognition to heterosexual marriages
b. Faizan Mustafa - succumbed to the prevailing ethos of
majoritarian morality rather than oft-repeated “constitutional
morality”

RPA 1. Article 327

2. Lok Prahari vs UoI (2018) - disqualification becomes inoperable
once appellate court stays conviction
3. Raj Narain (1975) - Allahabad HC declared Indira Gandhi's
election void on grounds of electoral malpractice
4. C.P Joshi (2011) - Rajasthan HC declared Kalyan Singh election
void
5. Lily Thomas (2013) - sec 8(4) unconstitutional - disqualification
operates immediately after conviction
6. PUCL vs UoI (2013) - NOTA
7. Public Interest Foundation (2018) - trial courts must finish trial
in 1 year
8. Rambabu SIngh Thakur (2020): political parties must publish in
social media in 48 hours
9. Abhiram Singh case: using caste as criteria for seeking vote
declared corrupt practice
10. Separate election tribunals (Goswami committee)

Elections 1. Indira Gandhi v Raj Narain (1975) - free & fair elections basic
structure; but right to elect & right to get elected aren't
2. Mohinder Singh Gill vs CEC (1978) So held that Art 324
contains plenary powers to ensure free and fair elections
3. Anoop Baranwal (2023) - collegium body
4. Anukul Chandra Pradhan (1997) - upheld restrictions on
prisoner's right to vote
5. UoI vs ADR (2002) - voter has right to know candidates incl.
their educational qualification, assets, criminal background etc
6. Subramaniyam Swamy (2013) - mandated VVPAT use
7. N. Chandrababu Naidu (2019) - VVPAT verification in 5 polling
stations per assembly constituency or assembly segment in
parliament constituency.
8. ADR vs ECI (2024)
9. Law commission 255th report equal protection
10. Dinesh Goswami/NCRWC - collegium system
11. Model Code of Conduct
a. 1960 - Kerala assembly
b. 1979 - section to regulate party in power
c. 2014 - guidelines regarding election manifestos

Election 1. ADR vs UoI (2024) - declared electoral bonds unconstitutional

Funding 2. Public Interest Foundation (2013) - political parties under RTI
3. Kanwar Lal Gupta case - Richer candidates and parties have a
greater chance of winning elections

Model Code of 1. Harbans Singh Jalal judgement (1997) - MCC comes into force
Conduct immediately after press release announcing election dates
2. S. Subramaniam Balaji vs. TN (2013) - Court asked the
Election Commission of India to frame guidelines for regulating
the content of manifestos
3. MCC guidelines for social media (Umesh Sinha committee)

Delimitation • Delimitation means the process of fixing the number of seats and
boundaries of territorial constituencies in each State for the Lok
Sabha and Legislative assemblies
• The delimitation of constituencies for the Lok Sabha and State
Legislative Assemblies is to be carried out on the basis of the first
Census after 2026 (84th amendment)

Remission 1. Laxman Naskar vs UoI (2000) - 5 grounds on which remission

is to be considered - a) effect on socirty b) probability of
repeating c) socio-economic condition of convict's family
R Jayasimha Reddy | AIR 46 CSE 2024
 repeating c) socio-economic condition of convict's family

Justice 1. Hussainara Khatoon case (1979) - speedy trial to ensure

justice protected under article 21
2. Satender Kumar Antil (2023) - bail not jail; bail application
ought to be disposed within 2 weeks
3. Vijay Madanlal Choudhary - upheld PMLA
4. Arvind Kejriwal bail case - arrests can't be made arbitrarily as
right to life and liberty are sacrosanct
5. Swapnil Tripati (2018) - allowed live streaming of proceedings

Tribunals • Madras Bar association case - minimum term of tribunal

members should be 5 years

Separation of • Indira Nehru Gandhi case (1975) - no rigid separation of powers

powers • I.R Coelho (2007) - constitutionalism requires checks and
balances on powers of govt
◦ April 24 1973

Office of profit • Pradyut Bordoloi case - four fold test to determine if its office of
profit
◦ If govt is appointing authority, if govt gives remuneration, etc.

Article 142 1. SC removed Manipur minister from office against whom

disqualification petition was pending
2. Babita Puniya case
3. Vineeta Sharma
4. Rajendra Shah (2021) - stuck down parts of 97th CAA (doctrine
of severebility)
5. Ayodhya judgement (2019) - land to waqf board
6. Chandigarh Mayoral election (2024) - SC declared AAP
candidate as winner

Reservation 1. Indra Sawhney case (1992): creamy layer, 50% rule

2. M Nagraj case (2006): triple test for reservation in promotions
a. Quantifiable data on backwardness
b. Lack of adequate representation
c. Administrative efficiency
3. Jarnail Singh (2018): no need to collect data but exclude
creamy layer SC/ST
4. Janhit Abhyan (2022): upheld EWS
5. Recently, SC allowed states to sub-classify SCs for preferential
treatment in reservations
a. Overturned judgement in EV Chinnaiah case
b. SCs are not an 'indivisible monolith'
c. They are composed of heterogenous castes with varying
degrees of backwardness
d. "Subcategorization is a constitutional requirement to secure
substantive equality"

Scheduled 1. Vedanta mining case

Tribes

Delegated 1. Kerala Electricity Board judgement - subordinate legislation is

legislation not substitute to parliament act

President 1. Ram Jawaya vs state of Punjab (1955) - President is only

constitutional head
2. Maru Ram vs UoI (1981) - must decide mercy petitions as per
advice of CoM

Pardoning 1. Maru Ram vs UoI (1981) - must decide mercy petitions as per
powers advice of CoM
2. Epuru sudhakar case (2006) - pardoning powers are subject to
judicial review if they're arbitrary or discriminatory

Governor 1. Shamsheer Singh (1974) - must act as per aid and advice
except in exceptional circumstances
2. Har Govind Pant case (1979) - constitutional office of dignity,
not employee of union, must use discretion as per state's
R Jayasimha Reddy | AIR 46 CSE 2024
 not employee of union, must use discretion as per state's
interests
3. Nebam Rebia (2016) - only limited discretion otherwise
governor emerges as super-constitutional authority undermining
ministerial responsibility
4. A.G Perarivalan (2022) - bound by state govt's advice on mercy
petition
5. S.R Bommai (1994) - any dispute regarding loss of majority
should be resolved on floor of house
6. Kalyan Singh case (2017) - criminal charges cannot be moved
so long governor is in office

Ordinance • R.C Cooper (1970) - President's satisfaction can be questioned

on the ground of malafide.
• DC Wadhwa vs state of Bihar (1987) - re-promulgation of
ordinances without placing them before the State Legislature is
colourable exercise of power by the executive.
◦ temporary measure and should not be used as a substitute for
the law-making power of the State Legislature.
◦ Re-promulgation of is unconstitutional and amounts to a
subversion of the democratic process.
• Krishna Kumar Singh vs state of Bihar (2017) -
◦ re-promulgation of ordinances without legislative approval is a
“fraud on the Constitution.”
◦ should be used sparingly and only as a last resort to address
urgent matters
◦ Satisfaction of President/Governor while issuing ordinance is
not immune from judicial review.
• Chandrachud - "Repromulgation of ordinance is fraud on the
constitution and sub-version of democratic legislative process"
• Kerala alone passed 144 ordinances in 2021 (ADR)
• Kerala government had recently sent 11 ordinances for re-
promulgation and the centre in 2014 has re-promulgated Land
Acquisition Act

Environment 1. M.C. Mehta vs. Union of India (1987): Right to live in pollution
free environment under Article 21.
2. T.N Godavarman judgement (1996) - definition of forest = all
areas recorded as forest in govt records + all areas that conform
to the dictionary definition of forest
3. Vellore Citizens Welfare Forum (1996): "Precautionary
4.
Principle” and “the Polluter Pays Principle” are essential features
of “Sustainable Development.”
5. MK Ranjitsinh (2024) - fundamental right to be free from
adverse affects of CC under 14 & 21
6. Union Carbide case (1988) - doctrine of absolute liability
7. Ganga pollution case - stopped Kanpur leather tanneries from
releasing toxic waste into Ganga
8. Narmada Bachao Andolan v. UoI (2000) - fundamental right to
water

RTI • Subhash Chandra Agarwal case - CJI is public authority

• DAV college trust case - NGOs which receive substantial govt
funds under sec2(h) of RTI

Curative • Article 137

petition • Rupa Ashok Hurra (2002)

Basic • KB (1973) - April 24, 1973

structure • Indra Nehru Gandhi case (1975) - invalidated part of 39th
amendment; free & fair elections
• Minerva Mills (1980) - invalidated part of 42nd amendment
which kept constiutional amendment outside purview of judicial
review; checks and balances
• Bhim Singhji case (1981) - welfare state (socio-economic
justice)
• Indra Sawhney case (1992) - rule of law
R Jayasimha Reddy | AIR 46 CSE 2024
 • Indra Sawhney case (1992) - rule of law
• S.R Bommai (1994) - federalism, secularism, democracy
• M Nagraj case (2006) - principle of equality
• I.R Coelho case (2007) - separation of powers
• Namit Sharma case (2013) - freedom and dignity of individual
• NJAC case (2014) - judicial independence

Constitutional • Naz Foundation v. Government of NCT of Delhi (2009 - Delhi

morality HC decriminalised homosexuality
• Navtej Singh Johar (2018) - constitutional morality has
overriding effect on public morality
• Govt of NCT of Delhi vs UoI (2018) - All high functionaries need
to follow constitutional morality. It acts as an essential check on
the arbitrary power of high functionaries
• Sabarimala judgement - constitutional morality cannot be
murdered at the altar of religious morality - violates justice, liberty
and equality
• K.S. Puttaswamy vs UoI (2017) - Court invoked the concept of
constitutional morality to argue that privacy is essential for the
dignity of the individual and is intrinsic to the enjoyment of other
fundamental rights

Anti-defection • Ravi Naik case (1994)

law ◦ Doesn't require formal resignation; inference can be drawn
from conduct
• Manipur Speaker case (2020) -
◦ speaker should decide on disqualification within 3 months
◦ Entrust power to independent tribunal
• Nabam Rebia case -
◦ speaker against whom removal motion is pending can't decide
disqualification petition under 10th schedule

Presiding •
officer

Emergency • Minerva Mills case - proclamation of emergency on grounds of

powers malafide or absurdness
• S.R Bommai case - Presidential proclamation imposing President
rule is subject to judicial review

Sarkaria • Residuary powers in concurrent list

committee • When President withholds assent to state govt bills reasons
should be communicated
• Consult states before making law on concurrent list/deploying
armed forces
• Constitutionally mandate CM consultation before governor
appointment
• Governor should be non-political, eminent in some walk of life

Punchhi • Fixed tenure of Five years to Governors/Impeachment procedure

commission for removal like President
• Six months time limit for Governor/President to act on state bills
• Exempt Governor from university chancellor responsibilities
• Constitutionally codify local body powers
• Involve states in framing T.O.R for FC

NCRWC 2002 • Inter-faith commission to promote inter-religious harmony

• Codify parliamentary privileges
• Include duty to vote & pay taxes in FD
• RS and LS should sit for minimum 100 & 120 days respectively
• Lateral entry above joint secy level
• National Judicial Commission for judges appointment
• Persons convicted for henious crimes be permanently disqualified
• Special election benches in HC
• Statutory backing to MCC
• Collegium for appointment of CEC & EC
• Remove merger exception under ADL

R Jayasimha Reddy | AIR 46 CSE 2024

Recommendations

Expulsion is different from suspension

• In case of Lok Sabha
◦ Rule Number 373 of the Rules of Procedure and Conduct of Business empowers a presiding officer to order an MP to withdraw during
the remainder of the day’s sitting.
◦ If they continue to disrupt despite repeated warnings, Rule 374 allows the Presiding officers to name the legislators. The House can then
move a motion to suspend the MP for a period not exceeding the remainder of the session.
◦ Rule 374A , brought in in December 2001 to bypass the need to adopt a motion for suspension, allows the Speaker to name an MP, who
will then automatically stand suspended for five days or the remaining part of the session, whichever is less. Provided that the House
may, at any time, on a motion being made, resolve that such suspension be terminated.
• In case of Rajya Sabha
◦ Rule 255 of the Rajya Sabha allows the Chairman to direct any Member to withdraw immediately from the House for disorderly conduct.
◦ Rule 256 allows the Chairman to name the members who disregard the authority of the Chair or abuse the rules. The House may then
adopt a motion suspending the Member for a period not exceeding the remainder of the session.
◦ Unlike the Lok Sabha (under rule 374A), the Rajya Sabha cannot suspend its members without passing a motion.
• While Article 122 of the Indian Constitution says parliamentary proceedings can’t be questioned by the judiciary, the courts have intervened
in some cases. For example, in 2021, the Maharashtra Legislative Assembly passed a resolution to suspend 12 BJP MLAs for a year. The SC
held the resolution was ineffective beyond the remainder of the Monsoon session.

Legislature:
1. Ethics committee
a. Cash-for-query case - Expulsion of TMC MP from LS after ethics committee report
b. She may challenge it in SC (SC in Raja Ram Pal case 2007 clarified - immunity under article 122 is only for procedural irregularities)
2. Parliament is effective
a. Instruments of parliamentary oversight:
i. Question hour - can seek responses (ensure that policies announced by the government are actually delivered on the ground)
ii. Adjournment motion - can draw attention to matter of urgent public importance - discuss for 2.5 hours (Doklam crisis)
iii. Privilege motion
iv. No confidence motion
v. Debates - bills
vi. Scrutiny on public finances - pre-budget scrutiny by DRSC; expenditure scrutiny - financial committees (effectiveness and efficiency
of resource utilisation).
3. Decline of Parliament
a. Ordinance usage - In 1950s - avg 7 per year; in 2020 - 15 (PRS)
i. Farm laws; Govt of NCT ordinance 2023.
ii. Cooper case (1970) - President's satisfaction is justiciable
iii. In DC Wadhwa case (1987),
1. exceptional power and cannot be substituted for the legislative power.
2. re-promulgation ordinance multiple times is "colorable exercise of power" and unconstitutional.
iv. Safeguards - 6 weeks only; both houses may pass resolutions disapproving; President reconsideration; same limitations as parliament
act; Judicial review
b. Less referral to committees: 71%(15th LS) -> 27%(16th LS)
c. Meetings infrequent: 17th Lok Sabha on average sat 58 days/year only.
d. Bypassing of Rajya Sabha: Passing Aadhar bill as money bill
e. Disruptions: Former VP Hamid Ansari - 'federation of anarchy'
f. Lack of in-depth debates: Finance bill 2023 was passed in just 44 minutes (PRS)
g. Reasons
i. Criminalization
ii. Anti-defection law
iii. Govt's reluctance to take up issues raised by opposition (Pegasus, Manipur unrest)
iv. Less importance to private members bills -
1. Only 2% PM bills were discussed in last two decades. Only 14 PM bills were passed since 1952 (PRS)
2. The Rights of Transgender Persons Bill, 2014 was introduced by a private member, but was not passed by the parliament (passed
in RS).
3. Last PM bill passed was - SC (enlargement of criminal appellate jurisdiction) bill 1968.
4. Measures to improve effectiveness of parliament

R Jayasimha Reddy | AIR 46 CSE 2024

 a. Ensuring LS meets for minimum of 120 days per year (NCRWC)
b. Compulsory committee stage for every bill
c. Concept of Opposition days (UK Parliament)
d. Ethics commissioner under Speaker to enforce code of ethics for MPs (2nd ARC)
e. Restricting ADL only to NCM (Dinesh Goswami Committee)
5. Working of Parliamentary committees
a. Woodrow Wilson - "Congress in session is congress on public exhibition whilst congress in committee is congress at work"
b. Less referral
c. Use of ordinances
d. Politicisation of meetings
i. Standing committee on personal data protection bill
e. Short tenure; lack of capacity building; criminalisation of politics.
f. Limited secretarial assistance
6. Working of Rajya Sabha
a. Women’s Reservation bill (2010)
7. Working of Speaker
8. Parliamentary privileges
a. Rights and immunities enjoyed
b. Need for codification
i. Misuse - Against journalists for critical articles on govt
1. Maharashtra legislature against Arnab Goswami
ii. wide ranging power without any checks
iii. In India we follow popular sovereignty, not parliamentary sovereignty
iv. Against principles of natural justice
c. Problems in codification
i. Can lead to judicial scrutiny of privileges - against separation of powers
d. NCRWC -> codify privileges (Australia codified in 1987)
e. In 1979 -> I. Gandhi was expelled from the house for breach of privilege.
f. Legislators must be tolerant towards criticism -> Invoke sparingly (medicine, not staple diet)
9. Working of state legislatures
a. B/w 2016 & 2021, 23 state assemblies met for an average of only 25 days (PRS)
b. NCRWC (Venkatachaliah) - at least 90 days a year
c. 19 state legislatures have less than 10% woman MLAs (ADR study)
10. Joint sitting
a. Since 1950, provision regarding joint sitting has been invoked only thrice, the most recent was to discuss Prevention of Terrorism bill
2002.
11. Options available to deal with unparliamentary behaviour
a. Presiding officer may ask a member to withdraw from the legislative chamber
b. Presiding officer may name an MP obstructing the business of the house. Then, Min of parliamentary affairs can move a motion which if
approved can result in suspension of the member for the session.
c. Cannot suspend for more than six months
i. SC set aside Maharashtra assembly suspension order of MLAs for one year - 'irrational and unconstitutional'
ii. seat becomes vacant if member is absent for 60 days
iii. Under RPA 1951, bye-election for filling any vacancy shall be held within a period of six months from the date of the occurrence of the
vacancy
iv. Article 212 (ban on SC jurisdiction)
12. Women representatives (17th LS -> 14%); national average of women in state assemblies < 9% (Mizoram, Nagaland (MAN) -> no women
representation at all)
13. Direct democracy - Recently, Switzerland in a referendum passed law allowing same sex marriages
Judiciary:
1. Separation of Powers
a. Executive and Judiciary
i. 50 -> state must take necessary steps to separate judiciary from executive in public services
ii. 361 -> Presidents or Governors are not answerable to any courts for exercise of their powers
b. Executive and Legislature
i. 98 -> each house of parliament shall have separate secretariat staff recruited by parliament itself
c. Legislature and Judiciary
i. 121 & 211 -> parliament can't discuss conduct of judges except when motion for removal under consideration
ii. 122 & 212 -> courts cannot enquire into proceedings of parliament
iii. 105 & 194 -> MPs and MLAs are not liable for court proceedings for any statement/vote in legislatures
2. Overlap
a. Legislature doing executive job
i. Speaker - control over officials of parliament secretariat

R Jayasimha Reddy | AIR 46 CSE 2024

 ii. MPLADS
b. Judiciary doing legislature
i. judicial legislation
ii. CJI role in appointment of Lokpal, CBI
iii. administrative control over NALSA, court staff
c. executive doing legislature job
i. ordinance, subordinate legislation, summoning/proroguing
ii. nominating RS MPs
iii. PM as leader of house
3. Checks and balances
a. Legislature and Executive
i. Parliamentary instruments - question hour, financial committees, No-confidence motion -> (75)
ii. Passing budget
iii. Impeachment of President by Parliament for violation of constitution (61)
iv. Removing functionaries - CAG, UPSC members
v. Ordinances by President when houses are not in session (123)
vi. Dissolving Lok Sabha by President on request of PM (85)
vii. Summoning/proroguing sessions of Parliament -> President
viii. Exective which has effective majority -> control on bills, election/removal of speaker
b. Legislature and Judiciary
i. Removal of judges
ii. Determining strength of Supreme Court
iii. Judicial review of laws (13)
c. Executive and Judiciary
i. Judicial review of executive actions (13)
ii. Issuing writs for enforcing FR (32 & 226)
iii. PIL, Article 142 -> complete justice
iv. Pardoning powers of President and Governor to rectify judicial errors (72, 161)
v. Appointment/transfer of judges - can return collegium recommendation
vi. AGI consent needed to file contempt PIL
d. To ensure supremacy of constitution and ensure accountability of each organ.
e. Ram Jawaya vs state of Punjab (1955) - although sufficiently demarcated functions of different branches, constitution doesn't accept
watertight separation of powers.
4. Judicial doctrines
a. Doctrine of proportionality
b. Doctrine of Harmonious construction
i. When there is conflict in two statutes or two parts of a statue
ii. Ordinarily a statute has to be interpreted as whole, because every statute has an intent and purpose
iii. But when conflict exists, such harmonious interpretation must be taken which ensures both conflicting provisions remain in force
iv. That interpretation which makes one provision dead is not harmonious construction.
v. Shankari Prasad case (1951) - FR & DPSP both sides of same coin and parliament can amend FR to give effecto to DPSP
vi. Minerva Mills case (1980) - constitution founded on bedrock of balance between FR & DPSP. Goals in DPSP ought to be achieved
without diluting FR
c. Doctrine of Federal Supremacy
d. Doctrine of Colourable Legislation: It means when a legislature does not have the power to make laws on a particular subject directly, it
cannot make laws on it indirectly.
e. Doctrine of Pith and Substance: It states that if the substance of legislation falls within a legislature’s lawful power, the legislation does
not become unconstitutional just because it impacts an issue beyond its area of authority.
f. Doctrine of Severability: It means that when some particular provision of a statute offends or is against a constitutional limitation, but
that provision is severable (separable) from the rest of the statute, only that offending provision will be declared void by the Court and
not the entire statute.
5. USA vs India affirmative action
a. In Students for fair admission vs Harvard (2023), US Supreme Court quashed race based affirmative action in college admission on
grounds of violation of euality (14th amendment).
b. Historical context - racial discrimination faced by African Americans, slavery & civil rights movement; Poona pact (1932)
c. Target group - women and racial minorities; SC/ST/OBC and women and EWS
d. Legal basis - executive orders (Philadelphia Plan), laws (civil rights act); vs constitution
e. Quota system - US SC held racial quotas unconstitutional - race may be considered to prevent discrimination and ensure diversity
f. Applicability - only to public employment (In Students of fair admission vs Harvard (2023) - race based affirmative action in colleges
invalid)
g. Highly controversial in USA, enjoy legitimacy in India
6. Appointments history - has no constitutional legitimacy (article 124 & 217)
7. Gram nyayalayas act 2008 requires setting up of 5000 Gram nyayalayas.
a. As of September 2019, only 208 gram nyayalayas are functional that too in only 11 states.

R Jayasimha Reddy | AIR 46 CSE 2024

 b. Not a single Gram nyayalaya in North East.
c. SC in 2020 has directed states with no Gram nyayalayas to setup them within one month.
d. 39A - equal justice and free legal aid to poor
8. Contempt of courts act 1971
a. Issues
i. Stifles freedom of speech (used against activists like Prashant Bhushan)
ii. Makes it difficult to hold judiciary accountable, whose judgements have enormous impact on society
iii. Non judicious use - (Karnataka HC pressed contempt charges against news publications which reported alleged sex scandal involving
HC judges)
iv. Against principles of natural justice
v. Limited right to appeal
1. Appeal against criminal contempt - decided in closed chamber
vi. International practice - UK abolished
vii. Against ICCPR to which India is signatory
viii. Against democratic principles - no organ of govt is beyond public scrutiny and criticism
b. Necessity
i. Attempts to scandalise authority may erode public trust and confidence in judiciary
ii. Article 19(2) - not absolute, reasonable restrictions
iii. To enable courts to perform their constitutional duty without fear of criticism
iv. Other organs also have similar powers
c. Suggestions
i. LC 274th report recommended continuing
ii. Safeguards in the act (allowing fair criticism, etc. must be adhered to)
iii. Mulgaonkar principles in 1978 judgement
iv. Like a medicine, not staple diet.
Executive:
1. Election of President - 54, 55 (1971 census), 58, 71
2. Interstate council - constituted only in 1990 after Sarkaria recommendation. In over 22 years of existence, met only 13 times (Sarkaria
recommended the council should meet at least twice a year)
3. New cabinet committees -> CC on Investment & Growth; CC on Entrepreneurship & Skill Development
4. Preventive detention - 'necessary evil' (SC)
5. MPLADS:
a. https://www.drishtiias.com/daily-updates/daily-news-editorials/mplad-scheme-1
b. CAG has flagged instances of financial mismanagement and artificial inflation of amounts spent.
c. The MPLAD Scheme is not governed by any statutory law and is subject to the whims and fancies of the government of the day.
d. In 2002, the NCRWC recommended immediate discontinuation of the MPLAD scheme on the ground that it was inconsistent with the
spirit of federalism -> local bodies.
e. way forward:
i. Better transparency - RTI
ii. Including citizens in identifying projects
iii. Custody of funds can be transferred from Dist authority to local bodies
iv. Given the decentralized nature of the MPLAD scheme, with adequate monitoring and sufficient political will, it can work as an
indispensable tool of development at the grassroot.
6. postal ballot - https://www.drishtiias.com/daily-updates/daily-news-analysis/amendments-in-postal-ballot-system

Body Good Bad Suggestions/general

Information CIC = high powered independent 1. Vacancies: 30% of SIC lacked CIC 1. Transparency in
commissions body to receive complaints & (CENTRE FOR EQUITY STUDIES); For appointments: SC in
appeals pertaining to public most of 2020, CIC worked at half Namit Sharma case
authorities under central govt in capacity 2013 - selection
respect of RTI act. 2. High pendency: About 29,200 pending committee should put out
appeals and complaints in CIC (2021- facts
1. Introduced online portal for 22) 2. Utilizing technology like
e-filing of RTI - from any 3. Themselves not transparent: 85% Big data, AI, data analytics
part of the country SICs didn't submit annual report for to dispose of applications
2. National Federation of 2019) (CENTRE FOR EQUITY STUDIES) in speedy manner
Information Commissions 4. Poor compliance with orders - Many 3. Constitutional status - to
of India (NFICI): To facilitate political parties refuse to furnish details increase its autonomy
coordination and mutual despite CIC certifying them as public 4. Change in work culture -
consultations among CIC authority (sec 2(h)) suo-moto disclosure
and SIC 5. Reluctance to impose penalties:
Penalties were imposed in only 2.2% of
cases that were disposed of (Satark

R Jayasimha Reddy | AIR 46 CSE 2024

 Nagarik Sangatan report 2019)
6. Concerns regarding independence:
Lack of codification of qualifications;
RTI amendment act 2019 - No security
of tenure

CVC Setup in 1964 on recommendation 1. Only advisory body - C. govt dpt free to 1. Make recommendations
of Santhanam committee. Given accept or reject binding
statutory status with CVC act 2. Lacks adequate resources - (sanctioned 2. Codify qualifications
2003. Works on principle of strength - 300; supposed to ensure 3. Tabling CVC reports in
preventive vigilance - "Catch vigilance on 1500 c.govt employees) parliament in timely
them before they hatch" to ensure 3. Extremely low conviction rate manner
probity in public administration at 4. No suo-moto power - can institute
national level inquiry only after complaint is lodged
1. Jurisdiction = AIS + Gr A + 5. No power to register criminal cases
officials serving union govt. against govt officials - deals only with
2. Organizes Vigilance vigilance or disciplinary cases
awareness week every year 6. Appointments - political in nature
3. Released guidelines on 7. Multiplicity of organizations
preventive vigilance to be
adopted by govt dept
4. Integrity index for public
organisations to benchmark
governance processes
5. Initiated special campaign
in 2020 - reduced
pendency of cases from
2099 (2018) to 227 (2022)
6. Implementation of integrity
pacts (CVC nominated
independent external
monitor)

NCPCR Commission for Protection of 1. Crimes against children: 16% rise in

Child Rights Act, 2005. 2021 compared to 2020 (NCRB)
1. Audit report by NCPCR - 2. 23% girls were married before 18 years
54% schools did not age (NFHS 5)
provide mid-day meal as
per stipulated menu
2. e-Baal Nidan online
compaint portal
3. Survey of shelter homes to
investigate the conditions
of children
4. Sexual harrasment in
shelter homes (Bihar)

Lokpal Jan Lokpal movement led by Anna 1. India’s rank in corruption perception 1. Transparent and time
Hazare resulted in passage of index worsened from 80th in 2019 to bound appointments
Lokpal & Lokayukta act 2013, 85th in 2021 2. Suo moto power
which led to creation of Lokpal 2. Delay in constituting - Chairperson and 3. Allow anonymous
(national level) and Lokayukta members of the Lokpal were appointed complaints
(state level) as anti-corruption only in 2019. 4. Setup inquiry and
ombudsman. 3. Non uniformity in powers of Lokayukta - prosecution wings
a. Lokayukta appointed by Governor -
Appointment committee - P.M + CM + CJ of HC + LoOp + Speaker)
Leader of opposition from Lok b. CM included in jurisdiction in AP
Sabha + Speaker + CJI + eminent while excluded in Bihar
jurist 4. No suo moto power
5. Prior requirement of govt approval for
Chairperson + max 8 members enquiry against public officials under
Half = judicial members prevention of corruption act 2018 ->
Half = sc, st, obc, minorities, mockery of Lokpal
women 6. Appoints violate principle of natural
justice - PM, LoOP, Speaker = also
R Jayasimha Reddy | AIR 46 CSE 2024
 justice - PM, LoOP, Speaker = also
Lokayukta jurisdiction - CM, under jurisdiction
Ministers, MLAs, all state govt 7. Inquiry and prosecution wings not yet
employees setup - not prosecuted even single
person accused of corruption [reply to
Lokpal - PM, Ministers, MPs, parliamentary panel 2023]
Group A,B,C,D officers & central 8. Inaction against complaints - disposed
govt employees + any body that off 68% corruption complaints without
recieves foreign contribution action
above Rs.10 lakh 9. Question mark on commitment - 90%
exception - if allegations against complaints rejected - 'incorrect format'
PM w.r.t IR, security, public order, 10. Anonymous complaints not allowed
atomic energy, space 11. Heavy punishments for false complaints
Judiciary and armed forces not may deter complaints
under ambit 12. Judiciary is excluded from the ambit
13. Financial constriants - Just Rs.92cr
Functions: budget for FY24
1. It has jurisdiction over PM +
Union ministers + MPs + Standing committee on DoPT - performance of
officials of union govt + Lokpal is far from satisfactory
members of any institutions
financed by govt.
2. Enquire into allegations of
corruption
a. Act empowers citizens
to file complaints for an
offence under
Prevention of Corruption
act
3. Superintendence over CBI
or any other investigation
agency in cases referred to
it
4. Has power to recommend
transfer/suspension of
corrupt public servant
5. Present annual report to
President
6. Act lays down clear
timelines for investigation
and trial
7. Special courts to try
charges framed by Lokpal

NCBC Article 340 1. Advices not binding 1. Separate parliamentary

102nd const amendment - 2. Political appointments committee to examine
insertion of article 338B 3. It has no powers to recommend periodic reports of all such bodies
revision of OBC list (2nd ARC)
1. Composition more 4. Mere constitutional status doesn't 2. Institutionalisation of
democratic - at least two improve condition appointments
persons with special a. Representation of OBC at faculty 3. Make recommendations
knowledge in OBC and at level in central universities is just 1% binding
least 1 woman (UGC report)
b. Many states have not implemented
27% reservation to OBC (Jharkhand
- only 14%)

CBI https://blog.forumias.com/central- 1. Influence of c.govt through min of home 1. SC in Vineet Narain case
bureau-of-investigation-cbi/ and min of personnel compromising (1997) fixed tenure
autonomy of the agency instead of piecemeal
Premier investigative agency of 2. Criticised for mishandling several cases extension
central govt, Setup on rec of due to political pressure 2. Statutory backing and
Santhanam committee. Derives a. Coal scam, 2G scam making it directly
powers from DSPE act 1946 3. SC in Coalgate scam case famously accountable to parliament
remarked 'caged parrot' (L.P Singh committee)
Collegium = (PM + LoOP LS + CJI) 4. Concurrent jurisdiction with state police 3. Independent cadre -
R Jayasimha Reddy | AIR 46 CSE 2024
 Collegium = (PM + LoOP LS + CJI) 4. Concurrent jurisdiction with state police 3. Independent cadre -
and issue of consent instead of relying on IPS
a. West Bengal, Maharashtra, AP, etc. who are under control of
withdrew Home ministry
5. Suo-moto cognizance not allowed 4. Sarkaria and Punchhi
6. Weaponizing the agency to target commission
political opponents leading to trust recommendations on
deficit b/w centre and states cooperative federalism
7. Agency lacks financial autonomy 5. Framing definite grounds
8. DSPE amendment act 2021 - tenure can on which state govt can
be extended by 1 year at a time, for max restrict general consent to
of five years from appointment, in public CBI
interest. 6. Ultimately CBI allegiance
9. Lack of effective platforms to foster must be to the
coordination between centre and states Constitution and not to
any party.
Agencies like FBI (USA) run
exceptionally well with great
autonomy. CBI should also be
made on par with such agencies.

ED Multi-disciplinary organization 1. Lack of independence (under Ministry

mandated with task of enforcing of Finance)
FEMA, 1999; PMLA, 2002; FEO, 2. Weaponising to target opponents
2018 3. Poor conviction rate
a. Over 1700 raids in last decade, but
Probing ML allegations in Delhi only 9 convictions
excise policy case 4. Insufficient man power
5. Agency lacks financial autonomy
6. Lacks jurisdiction if convict is out of
India (extradition treaty is needed)
a. Ineffective w.r.t high profile cases
like Vijay Mallya, Nirav Modi
7. CVC amendment act 2021 - tenure can
be extended by 1 year at a time, for max
of five years from appointment

Way forward framework

• CSR angle - tech empowerment
• Behavioural change
• Social media influencers for promoting govt schemes (Rajasthan)
• Govt camps - Jharkhand Sarkar Apke Dwar
• Documentation support - Andhra Pradesh Grama volunteers

SHGs
• 9.9cr women -> 90 lakh SHG
• 7.6 lakh cr collateral free loans b/w 2012 & 2023
• Banswara dist (Rajathan) case study by RSIS 2018
• Vattalakki (Kerala) - bamboo handicaraft units, Sakhi Mandal (Jharkhand) - dairy & poultry, Unnati Jaivik (UP) - biofertiliser, Looms of Ladakh
- Pashmina shawls
• Mahalir Thittam (Tamil Nadu) - like Jeevika, Kudumbashree
• 54% SHGs in AP, Karnataka, Kerala, Tamil Nadu
• Poor access to credit (Rangarajan committee)
• Nearly 50% self-help groups (SHGs) are yet to be credit-linked (RBI 2024)
• Govt measures - eSaras, Amazon Saheli, Namo Drone Didi, Garib Kalyan yojana (colalteral free loans upto Rs. 20 lakh), Van Dhan yojana
• Federation of state wide SHGs (Kudumbashree community development societies)
• Mahila Shakti canteens Telangana
• Sahakar se Samridhi

NGOs
• 3.4 million NGOs
• MHA cancelled FCRA licenses of 6600 NGOs in last 5 years for misappropriation of funds
• Foreign funded NGOs anti-national activities (IB report)

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 • Conduit for tax evasion and money laundering - Less than 10% NGOs file IT returns (CBI)
• FCRA amendment 2020
• Darpan portal - registration and accreditation
• Sec 2(h) RTI act
• National Accreditation Council - including civil society members (Vijay Kumar committee)

Pressure groups
• Participatory democracy
• Anti-nuke stir escalates Kudankulam project cost by Rs.1446 cr
• Associational, Non-associational, Institutional, Anomic (RG Kar protestors)
• Environment - Wetland Intl, BNHS, DowntoEarth, M.C Mehta, Jal svalamban society Rajasthan
• BNHS efforts - banning Diclofenac for vultures
• Potato farmers in Gujarat vs PEPSICO
• Dahej Virodhi Chetna Manch -> Dowry Prohibition Act
• Deformed polyarchy -> Robert Dahl

Civil services
• One secretary multiple charges - Baswan committee
• Registering property - 154th position (EODB)

Cooperatives
• Over 8.5 lakh cooperatives with over 29cr membership
• Yuva sahakar scheme - to encourage youth to form cooperatives
• Special financial assistance to viable cooperatives to strengthen capital base (Vikhe Patil committee)
• Mirdha committee recommendation on promoting awareness
• Suresh Prabhakar committee to formulate new national cooperative policy
• Target of 2 lakh multipurpose PACS, Dairy, Fishery cooperatives
• Learn from Israel agriculture cooperatives

E-governance
• NeSDA 2023 -> over 16000 govt services provided through e-governance
• Over 75cr internet users (IAMAI 2022)
• DBT saved Rs.2.2 lakh cr in last 8 years (Dpt of Eco affairs)
• JDY -> 54 cr bank accounts, Rs.2.3 lakh cr deposits
◦ 56% accounts women, 65% accounts rural areas
• UPI - 14 billion transactions a month
• Aspirational districts program - 49 KPI
• Mo Sarkar (Odisha)
• 7.5 lakh beneficiaries of PMJAY linked with single mobile number (CAG 2023 report)
• Aadhar based payment led to removal of 5 lakh job cards in Telangana
• Women makeup only 29% internet users in India (UNICEF)
• elderly people find Jeevan Praman difficult to use
• 2023 Aadhar data leak on dark web
• Cyber attack on AIIMS servers
• Bashini app

RTI
• sec 2(h) = public authority
• sec 4(1)(b) = suo moto disclosure
• sec 5(3) = every PIO should render reasonable assistance to persons seeking info
• sec (8) = exempt info if it is prejudicial to sovereignty and integrity of India
• Sec 20 = penalties for incomplete/misleading/refusing info
• Subash Chandra Agarwal case - CJI under RTI
• 13 million applications in 2022 across states and UTs
• RTI query led to prompt road construction in Bagepalli village (karnataka)
• NCPRI's RTI query on prisons revealed plight of overcrowded UP jails
• People in rural Karnataka combined RTI and right to food to fight hunger
• Ineffective record management - 60% public authorities lack necessary infra to manage RTI applications (RaaG study)
• Delays = 6.5 years/application in Odisha (Centre for Equity Studies)
• 3.2 lakh appeals pending across all ICs (SNS 2023 report)
• 500 word limit
• 68 activists killed since 2005 - CHRI 2018
• National Information Strategy - 2nd ARC
• Information day every month (Pune Municipal Corporation)

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Transparency
• Corruption Perception Index 2023 = 93/180 ctrs
• Whistleblower protection act not operationalised yet

Social audit
• MGNREGA & NFSA - legally mandate social audit
• Meghalaya legal backing to social audit across 21 schemes
• At least one social audit every 6 months in each Gram Sabha (2nd ARC)
• Involve CSO representatives as jury members (Jharkhand model)
• Legal backing and mandate for all flagship programs
• Uniform standards for conducting social audit (CAG guidelines)
• Digitalization of social audit

Citizen's charter
• India Post charter
• GHMC charter - streetlight repair within 24hrs
• Tax payers charter - tax terrorism

Aspirational districts
• Gumla (Jharkhand) - institutional deliveries 40% (2018) to 90%(2021)
• Kupwara (J&K) - schools with electricity 50% (2018) to 95% (2022)

Hunger
• 74% Indians couldn't afford healthy diet (SOFI 2023)
• 111th rank in GHI 2023
• Malnutrition costs India upto 2.5% GDP (Lancet)
• 35% stunted, 19% wasted, 32% underweight
• Triple burden - undernutrition, hidden hunger, overweight
• 8cr workers not covered under NFSA
• Poor nutrition literacy - only 64% children under exclusive breastfeeding upto 6 months (NFHS 2019-21)
• NFSA allocation based on 2011 census
• Jean Dreze - girl child breastfed for less duration/women eating after men
• 19% households lack toilet facilities (NFHS 2019-21)
• Buddy pairing (Project Sampoorna Assam)
• Balamrutham - jaggery, pulses, groundnut poweder (Telangana)
• Local fruits in MDM (Rayagada, Odisha)
• Nutrition garden (Kottoor Gram Panchayat Kerala)
• Folic acid tablets, Jan Aushadi protein bar
• Tech intervention - POSHAN tracker for improved monitoring
• Agriculture-nutrition linkage (Bharat Poshan Krishi Kosh - fruits/vegetables as per agri-climatic zones)
• Life-cycle approach

Vulnerable sections
• India Exclusion report - majority of India's vulnerable groups like women, dalit, tribals, poor, elderly continue to be denied of 4 essential
public goods - pensions, digital access, land & labour resourcrs, legal justice
• SC/ST
◦ Lack of political will - Karnataka HC pointed not even one mandatory statutory meeting to oversee implementation of the act was
conducted
◦ MP man urinating on tribal
◦ PM JANMAN
• Children
◦ Non adherence in letter and spirit - SC observed in 96% POCSO cases support-person not provided to victim
◦ 1.6 million zero dose children - WHO 2023
◦ Odisha Adivika - control child marriage (counselling, skilling)
• Marginalised castes
◦ NCBC functioning without vice chairman and members for more than a year
• Women
◦ Challenges of exclusion - Informal sector not covered by POSH act
• Disabled
◦ Census 2011 - 2.1% of population
◦ RoPWD act 2016, Mental Healthcare act 2017
◦ SSS (bring these - stigma, superstitions, stereotypes)
◦ 75% disabled children have never attended school (2020 UNESCO report)

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 ◦ Political party manifestos not available in braille
◦ Kerala and Andhra Pradesh disqualifying “deaf-mute” applicants in their Panchayat Raj Acts
◦ film Aaankh Micholi for derogatory portrayal of people with disabilities
◦ Chattisgarh - quota for disabled in panchayats
◦ Disability sensitization education - normalize
◦ Discouraging use of terms like 'retarded', 'blind eye', etc.
◦ SC July 2024 guidelines on authentic and respectful representation of individuals with disabilities in films and media.
◦ Braille/sign language - use these terms
• Welfare approach (freebies) instead of empowerment approach
• Institutional apathy
• Inclusive society (sabka sath sabka vikas)
• Rights-based approach

Education
• Foreign HEI
◦ Free from domestic regulations in GIFT city
◦ NEP 2020 encouraged
◦ UGC 2023 guidelines

Health
• Bandhua Mukti Morcha case - right to health is part of article 21

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