Prelims

Recap365

Polity
(Jan 2024 - Feb 2025)
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Karol Bagh Mukherjee Nagar Prayagraj

3-B, 3rd Floor, Pusa Road, Karol Bagh, New Delhi

 CONTENTS
C
Constitutional Morality .............................................................................................................................................. 7
Preamble of the Constitution .................................................................................................................................... 7
50 Years of Emergency ............................................................................................................................................ 8
President’s Rule ....................................................................................................................................................... 9
Citizenship Provisions ............................................................................................................................................ 10
Sub-Classification in SC & ST Quota ..................................................................................................................... 10
Remission ............................................................................................................................................................... 11
Hate Speech .......................................................................................................................................................... 12
Sixth Schedule of the Constitution ......................................................................................................................... 12
Habitat Rights ........................................................................................................................................................ 13
Internet shutdown Report ....................................................................................................................................... 14
Census ................................................................................................................................................................... 14
Digital Arrest Scam ................................................................................................................................................ 15
Euthanasia.............................................................................................................................................................. 15
Uniform Civil Code ................................................................................................................................................. 16
Essential Religious Practice ................................................................................................................................... 16
Right Against Climate Change Impacts ................................................................................................................ 17
Article 293 .............................................................................................................................................................. 17
Article 341 .............................................................................................................................................................. 18
Article 361 .............................................................................................................................................................. 18
Article 200 of the Constitution ................................................................................................................................ 18
Prior Sanction Mandatory to Prosecute Public Servants ....................................................................................... 19
All-India Services (Conduct) Rules, 1968 .............................................................................................................. 19
Lateral Entry into Civil Services.............................................................................................................................. 20

Office of the Speaker of Lok Sabha ....................................................................................................................... 21

Pro tem Speaker of Lok Sabha .............................................................................................................................. 21
Oath of Members of Parliament ............................................................................................................................. 22
Leader of Opposition ............................................................................................................................................. 23
Expunction in Parliament ....................................................................................................................................... 23
Adjournment Sine Die ............................................................................................................................................ 24
Winter Session of Parliament ................................................................................................................................. 24
Money Bill ............................................................................................................................................................... 25
Private Member’s Bill ............................................................................................................................................. 25
Joint Parliamentary Committee .............................................................................................................................. 25
Public Accounts Committee................................................................................................................................... 26
Parliamentary Committee on Official Language .................................................................................................... 26
Supplementary Grant ............................................................................................................................................. 27
Privilege Motion ...................................................................................................................................................... 27
Demand for Grants ................................................................................................................................................ 27
Consumer Protection Act ....................................................................................................................................... 28
Right to Information Act 2005 ................................................................................................................................ 29
Unlawful Activities Prevention Act ......................................................................................................................... 29
Telecommunications Act, 2023.............................................................................................................................. 30
Bhartiya Vayuyan Vidheyak Bill 2024 .................................................................................................................... 31
Disaster Management (Amendment) Bill, 2024 ..................................................................................................... 32
Oilfields (Regulation and Development) Amendment Bill, 2024 ........................................................................... 33
Places of Worship (Special Provisions) Act, 1991 ................................................................................................. 34
Income Tax bill 2025 .............................................................................................................................................. 34

Presidential Address to the Parliament .................................................................................................................. 36

Powers of President on State Bills ......................................................................................................................... 36
Removal of Vice-President ..................................................................................................................................... 37
Appointment of Governors ..................................................................................................................................... 37
Role of Governor .................................................................................................................................................... 38
Mercy Petition ........................................................................................................................................................ 39
Cabinet Committees .............................................................................................................................................. 39
Cabinet Secretary .................................................................................................................................................. 40
Appointments Committee of the Cabinet ............................................................................................................... 40
General Consent to CBI ......................................................................................................................................... 41

Collegium System .................................................................................................................................................. 42

Chief Justice of India ............................................................................................................................................. 42
Impeachment of the Judges of the High Court ..................................................................................................... 43
Plenary Powers of Supreme Court ......................................................................................................................... 43
Ad Hoc Judge ........................................................................................................................................................ 43
Special Leave Petition ............................................................................................................................................ 44
Report on State of Infrastructure in District Courts ................................................................................................ 44
Contempt of Court .................................................................................................................................................. 45
Law Commission .................................................................................................................................................... 46
Gram Nyayalayas ................................................................................................................................................... 47
Lok Adalat .............................................................................................................................................................. 47
Public Interest Litigation ......................................................................................................................................... 48
Undertrial in India ................................................................................................................................................... 49
Free Legal Aid ........................................................................................................................................................ 49
Curative Petition ..................................................................................................................................................... 50
Interim Bail ............................................................................................................................................................. 50
Furlough ................................................................................................................................................................. 50
Supreme Court Legal Services Committee ........................................................................................................... 51

Special Category Status for states......................................................................................................................... 52

Education: A State List vs. Concurrent List ........................................................................................................... 52
Renaming of States ................................................................................................................................................ 53
Inter-State River Water Disputes ............................................................................................................................ 53
Financial Devolution to States ................................................................................................................................ 54
Power to Levy Tax on Mineral Rights ..................................................................................................................... 55
Anti Defection Law ................................................................................................................................................. 56
Delimitation Commission ........................................................................................................................................ 56
One Nation-One Election ....................................................................................................................................... 57
Legislative Council Elections ................................................................................................................................. 57
Model Code of Conduct ......................................................................................................................................... 58
NOTA (None of the Above) .................................................................................................................................... 58
Braille Signage on EVMs ........................................................................................................................................ 59
Corrupt practices under RPA,1951 ....................................................................................................................... 59
Section 127A of RPA 1951 ..................................................................................................................................... 60
Suvidha Portal ........................................................................................................................................................ 60
Re-Polling ............................................................................................................................................................... 60
Rules for Contesting LS Elections from 2 seats simultaneously ............................................................................ 61

Comptroller and Auditor General of India .............................................................................................................. 63

Inter-State Council ................................................................................................................................................. 63
Union Public Service Commission ......................................................................................................................... 64
Cooperative Societies ............................................................................................................................................ 64
Lokpal of India ....................................................................................................................................................... 65
Central Information Commission ............................................................................................................................ 65
Goods and Services Tax (GST) Council ................................................................................................................ 66
Central Consumer Protection Authority ................................................................................................................. 66
National Commission for Scheduled Castes ......................................................................................................... 67
National Commission for backward classes (NCBC) ............................................................................................ 67
National Commission for Indian System of Medicine ............................................................................................ 68
National Investigation Agency ............................................................................................................................... 68
National Testing Agency ........................................................................................................................................ 69
National Human Rights Commission ..................................................................................................................... 69
Central Administrative Tribunal .............................................................................................................................. 70
Goods & Services Tax Appellate Tribunal ............................................................................................................. 70
Securities Appellate Tribunal ................................................................................................................................. 71
National Pharmaceutical Pricing Authority ............................................................................................................ 71
Indian Pharmacopoeia Commission ...................................................................................................................... 72
Reservation for Women in SC Bar Association ...................................................................................................... 72
Tea Board of India ................................................................................................................................................. 72
Spices Board of India ............................................................................................................................................ 73
Insolvency and Bankruptcy Board of India ........................................................................................................... 73
Competition Commission of India .......................................................................................................................... 73
Quality Council of India .......................................................................................................................................... 74
Veterinary Council of India ..................................................................................................................................... 74
NITI Aayog ............................................................................................................................................................. 75

World Bank’s Report on Panchayats ..................................................................................................................... 76

MPLADS e-SAKSHI Mobile Application ................................................................................................................. 77
The Annual Death Penalty Report, 2023 ................................................................................................................ 77
APAAR: One Nation One Student ID Card ............................................................................................................ 78
Report on Status of Devolution to Panchayats ...................................................................................................... 78
Good Governance Index ....................................................................................................................................... 78
Panchayat Se Parliament 2.0 ................................................................................................................................. 79
Viksit Panchayat Karmayogi Initiative ................................................................................................................... 79
World Press Freedom Index (WPFI) 2024 ............................................................................................................. 79
Regulation of Misleading Advertisements ............................................................................................................. 80
Analysis report of candidates of 2024 Lok Sabha Election ................................................................................... 80
CVC Report on Corruption ..................................................................................................................................... 81
Inner Line Permit .................................................................................................................................................... 82
Enemy property ...................................................................................................................................................... 82
 7

framers, drawing from Gandhian,

socialist, and liberal intellectual
philosophies.
Constitutional Morality o Fundamental Duties: Alongside their
rights, citizens also have
Why in news? responsibilities to the nation.
The Chief Justice of India elaborated on the notion o Checks and Balances: It includes
of ‘Constitutional Morality' as a restraining factor on judicial review of legislative and
the state that should derive from the Preambular executive actions, legislative
values of the Constitution. oversight of the executive, etc.
● Also, it may be reiterated here that the
About Constitutional Morality discretionary power of the state and the
● Constitutional morality entails the principle of non-discrimination are closely
adherence to constitutional norms within associated with the concept of
a democratic system. constitutional morality.
● It goes beyond the literal interpretation to Supreme Court’s viewpoint
encompass a commitment to values such as
sovereignty, social justice, and equality in ● In the case of Union of India vs.
constitutional adjudication. Government of the NCT of Delhi, it was
ruled that high-ranking officials must adhere
● In essence, constitutional morality
to constitutional morality and uphold the
embodies the balance between freedom ideals outlined in the Constitution to prevent
and restraint. That is, citizens submit to the arbitrary use of authority.
constitutional authorities and, at the same ● The Court, in the Government of NCT of
time, have the freedom to criticise those in Delhi case (2018), likened constitutional
power. morality to a “second basic structure
doctrine”, emphasising its role in curbing
● The term was first coined by British
arbitrary authority.
historian George Grote in his twelve- ● Similarly, in Navtej Singh Johar & Ors. vs.
volume work, A History of Greece. Union of India, the Supreme Court held that
Section 377 infringed upon the rights of the
Constitutional morality in Indian Constitution
LGBTQI community and violated the
● Though the term constitutional morality is fundamental values of individual dignity as
enshrined in Articles 14, 19, and 21 of the
not explicitly used in the Indian
Constitution.
Constitution, it is deeply embedded in ● In its decision in Justice K S Puttaswamy
several of its sections: and Anr. vs. Union of India and Ors., the
o Preamble: It outlines the principles Supreme Court confirmed the constitutional
that underpin our democracy, validity of Aadhaar with certain restrictions,
including justice, liberty, equality, underscoring the role of courts in checking
and fraternity. executive abuse of power.
o Fundamental Rights: It safeguards Preamble of the Constitution
individuals’ rights against the
arbitrary use of state power.
Why in news?
Notably, the Supreme Court allows
for the enforcement of these rights The Supreme Court (SC) upheld the inclusion of
under Article 32. ‘socialist, secular’ in the Preamble of the
o Directive Principles: They provide Constitution.
guidelines for the state to pursue the
goals set by the constitution’s About the judgement
8

● The order was based on a batch of petitions 42nd Constitutional Amendment Act. The
filed in 2020 challenging the validity of the words "Socialist" and "Secular" were added
inclusion of ‘socialist’ and ‘secular’ in the between "Sovereign" and "Democratic" and
Preamble through the 42nd Constitution "Unity of the Nation" was changed to "Unity
Amendment in 1976. and Integrity of the Nation.
● The court held that the Preamble was an
inalienable part of the Constitution. 50 Years of Emergency
● The court explained that the Constitution is
a “living document”, and open to changes Why in news?
according to the needs of the time.
This year marks the beginning of the 50th year since
● The Parliament had an unquestionable
the imposition of Emergency on June 25, 1975.
power to amend the Constitution under
Article 368. Its power to amend extended to About the National Emergency
the Preamble. The court confirmed the
● The emergency provisions are contained in
retrospective amendment to the Preamble,
Part XVIII of the Constitution of India, from
saying the date of adoption would not curtail
Article 352 to 360.
the power under Article 368.
● The Constitution provides for the three types
Preamble of Indian Constitution of emergencies, namely:
o National Emergency under Article
● The Preamble of the Constitution of India is 352
a reflection of the Constitution's core values o Constitutional Emergency or
and declares India to be a sovereign, President Rule under Article 356
socialist, secular, and democratic republic. o Financial Emergency under Article
● The Preamble serves as a moral compass for 360
interpreting the Constitution's provisions. ● Procedure for Imposition of Emergency:
For example, the principle of secularism in The Article 352 of the Constitution provides
the Preamble guides the interpretation of for the proclamation of national emergency
laws related to religion. on the grounds of war, external aggression,
● The Preamble of the Constitution of India or armed rebellion threatens the security of
begins with the words, "We, the People of India or a part of it.
India, having solemnly resolved to constitute o A state of emergency has been
India into a Sovereign Democratic Republic". imposed thrice since Independence —
● It ends with the words, "In Our Constituent during the wars with China in 1962
Assembly this twenty-sixth day of November, and Pakistan in 1971 and for the
1949, do Hereby Adopt, Enact and Give to third time in 1975.
Ourselves This Constitution" o This term ‘armed rebellion’ is
● The Preamble of the Indian Constitution is inserted by the 44th amendment in
based on the Objectives Resolution, which lieu of the term ‘Internal
was drafted and moved by Jawaharlal Nehru Disturbance’, due to the vague
in the Constituent Assembly in 1946. nature of it.
● The Supreme Court ruled in the case of ● The President issues a Proclamation of
Kesavananda Bharti v. State of Kerala that National Emergency on the written advice
the Preamble is part of the Constitution and of the Union Cabinet. The President can
is subject to the amending power of issue a proclamation before the actual
Parliament. occurrence of war or of any such
● The Preamble to the Constitution of India aggression or rebellion, if he is satisfied
has been amended only once, in 1976, by the that there is imminent danger.
 9

● Approval by Parliament: A proclamation of President’s Rule

the National emergency must be placed
before each house of the parliament and Why in news?
must be approved within one month of the
declaration. Following the resignation of the Manipur Chief
Minister, the President’s Rule has been imposed in
o After approval by both the houses,
the Emergency continues for 6 the state.
months and can be extended to an About President’s Rule
indefinite period with an approval
of the Parliament for every six ● It is given under article 356 of the
months. constitution, President's rule is
o If the proclamation of emergency is the suspension of state government and
made at a time when the Lok Sabha imposition of direct Union government rule
has been dissolved or it gets dissolved in a state.
without approving the proclamation ● Since 1950, when the Constitution first came
during the period of one month, then into force, President’s Rule has been
the emergency remains in effect for imposed a total of 134 times across 29 states
30 days following the first meeting and UTs. It has been imposed most
of the newly constituted Lok Sabha, frequently in Manipur and Uttar Pradesh, at
provided that it gets periodically 10 times each.
approved by the Rajya Sabha. Process to impose President’s Rule
● Revocation: The President at any time by a
subsequent proclamation may revoke the ● The process begins if the President, on
proclamation of Emergency, or, Lok Sabha receiving a report from the Governor, is
can pass a resolution by a simple majority “satisfied that a situation has arisen in which
to disapprove its continuation. the Government of the State cannot be
● Judicial Review: In Minerva Mills case carried on in accordance with the provisions
(1980), the Supreme Court held that of this Constitution”
National Emergency can be challenged in ● In this situation, the President will issue a
the court on the ground of malafide or that ‘Proclamation’, which can remain in force
the declaration was based on wholly for up to two months. The Lok Sabha and the
extraneous and irrelevant facts. Rajya Sabha must approve it through a
● Effects of National Emergency resolution before this period expires for it to
o During a National Emergency, the remain operative further.
centre can issue directions to the ● If approved, the proclamation of President’s
state on any given matter Rule can be extended to six months and
o Central can make laws on a matter Parliament can approve further six-month
that are part of the state list extensions for up to three years.
o A national emergency also entitles Implications of President’s Rule
the President to change the revenues
between central and state ● The imposition of President’s Rule under
o The tenure of Lok Sabha can be Article 356 effectively transfers all the
extended from its normal life functions of the state government to the
o The enforcement of Fundamental Centre and the function of the state
Rights gets affected during a National legislature to Parliament during the period
Emergency. when it is in force.
● The only exception to this is the functioning
of High Courts, which remains unchanged.
10

● The President’s power to issue a o Citizenship by descent: If one of

proclamation under Article 356 was subject your parents is an Indian citizen, you
to judicial review. may be eligible for citizenship even if
you were born outside India.
Citizenship Provisions o Citizenship by registration: In
certain situations, like marriage to an
Why in news? Indian citizen, you may be able to
The US president signed an executive order to end register for citizenship.
US birthright citizenship. o Citizenship by naturalization: it
means that a foreign national can
Citizenship Provisions in Indian Constitution become an Indian citizen by applying
● The Part 2 of the Indian Constitution deals and meeting specific residency
with the citizenship provisions; it requirements.
encompassed from Articles 5 to 11. o Citizenship by incorporation of
● Article 5 of the Indian Constitution defines territory: If a new territory is added
who was a citizen of India when the to India, the inhabitants of that
Constitution came into effect on January 26, territory may be granted citizenship.
1950. ● Grounds for losing citizenship: An Indian
● Article 6 and 7 of the Indian citizen can lose their citizenship
Constitution deals with the citizenship rights through renunciation, termination, or
of people who migrated to and from India deprivation.
from Pakistan.
Sub-Classification in SC & ST Quota
● Article 8 of the Indian Constitution grants
citizenship to people of Indian origin who
Why in news?
live outside India.
● Article 9 of the Indian Constitution states In a landmark judgment in State of Punjab vs
that a person cannot be a citizen of India if Davinder Singh, the Supreme Court of India
they have voluntarily acquired citizenship of permitted sub-classification in reservation for
a foreign country. Scheduled Castes and Scheduled Tribes (SCs and
● Article 10 ensures that the rights and STs).
privileges enjoyed by citizens before the
Background
adoption of the Constitution are not taken
away or diluted. ● Post 1947, the Indian government has
● Article 11 of the Constitution of India gives provided various forms of welfare and social
Parliament the power to make laws support to Scheduled Castes and
regarding citizenship. Scheduled Tribes.
● With time, the condition of these
Modes of acquiring citizenship
marginalised groups have improved, they
● According to the Citizenship Act 1955, the availed the opportunities provided by
five ways to acquire citizenship are: by reservation in jobs and educational
birth, by descent, by registration, by institutions. Gradually, they became more
naturalization, and by incorporation of visible and competition grew for the
territory. resources between the marginalised groups.
o Citizenship by birth: If you are born ● A few castes within the SC category evolved
in India, you are typically considered the capacity to “aspire and acquire”.
a citizen. ● As this process unfolded over decades,
certain sub-groups among SCs and STs
 11

cornered the greater share of benefits at evidence, and have a “reasonable”

the expense of the more disadvantaged rationale for classifying sub-groups.
groups within these broader categories. o The State's power to sub-classify is
● Interestingly, every state has a long list of subject to judicial review.
castes and communities enumerated in the ● The court also ruled, "The State in exercise
Scheduled lists. Many of the remaining of its power under Articles 15 and 16 is free
communities from states remain invisible, to identify the different degrees of social
too often outside the realm of the backwardness and provide special
reservation and welfare net. provisions (such as reservation) to achieve
the specific degree of harm identified”.
Key Highlights from the Judgement

● The decision is a crucial step towards

Remission
empowering the most marginalised and
Why in News?
invisiblised social groups in the country
The Supreme Court has struck down the remission
and, as such, has a huge transformative
granted to convicts who were sentenced to life in
potential to deepen our democracy.
Bilkis Bano case/
● This judgement overturns the apex court’s
2004 decision in E V Chinnaiah v State of
What is Remission?
Andhra Pradesh, in which it had held that
● Remission refers to the reduction in the
the SC/ST list is a “homogenous group”
sentence imposed on a person convicted of a
that cannot be divided further.
crime. It involves the shortening of the
o The court had held that any
sentence without changing its character.
attempts to create a differentiation
● Remission is based on executive discretion
within the SC list would essentially
and is not considered a right.
amount to tinkering with it, for
● There are three types of remissions:
which the Constitution did not
constitutional, statutory, and those earned
empower states.
in accordance with jail manuals.
o Article 341 only empowers the
● It is rooted in the logic that prisons should
President to issue such a notification,
be rehabilitative spaces, allowing prisoners
and Parliament to make additions or
to earn a reduction in their sentences
deletions to the list.
through good behavior and participation in
● In the recent judgement, the court said, the
reformative activities.
Presidential list of SCs a “legal fiction” —
Who Can Grant Remission?
something that does not exist in actuality
● Under Articles 72 and 161 of the
but is “treated as real and existing for the
Constitution, the President and Governors of
purpose of law”. A Scheduled Caste is not
states can pardon a convict, and can also
something that existed before the
suspend, remit, or commute a sentence
Constitution came into force, and is
passed by the courts.
recognised so that benefits can be provided
● State governments also have the power to
to communities in the list.
remit sentences under Section 432 of the
● The Supreme Court ruled that states can
Code of Criminal Procedure (CrPC).
now sub-classify SCs within the 15%
● Prison manuals contain rules that allow
reservation quota to provide better support
certain days of remission in every month for
for the most disadvantaged groups.
good behaviour of convicts
o However, the States will have to
● However, convicts serving life sentences are
demonstrate a need for wider
entitled to seek remission only after serving
protections, bring empirical
a minimum of 14 years.
12

Other Related Terms ● Indian Penal Code: Sections 153A and 505 of
● Pardon: It removes both the sentence and the Indian Penal Code generally deal with
the conviction and completely absolves the inflammatory speeches ‘hate speech. The
convict from all sentences, punishments, Section 153 A Section 153A penalises
and disqualifications. “promoting enmity between different
○ Note: Only President can pardon groups on grounds of religion, race, place of
death sentences (and not Governor) birth, residence, language, etc., Section 505
● Commute: It denotes the substitution of one of IPC makes it an offence to making
form of punishment with a lighter form of “statements conducing to public mischief”.
punishment. For example, rigorous ● Article 19: Article 19(1)(a) of the Indian
imprisonment in place of the death Constitution guarantees freedom of speech
sentence. and expression as a fundamental right for all
● Suspend: It involves temporarily halting the citizens. However, it is subject to reasonable
execution of a sentence. restrictions like: sovereignty, integrity,
● Reprieve: It implies a stay of the execution security, friendly relations with foreign
of a sentence (especially that of death) for a states, public order, dignity, morality,
temporary period to enable the convict to contempt of court, defamation, or
have time to seek pardon or commutation instigation of an offence.
from the President. ● Representation of People’s Act
● Respite: It denotes awarding a lesser (RPA),1951: Section 125 of the 1951 Act also
sentence in place of one originally awarded provides for a three-year jail term for
due to some special fact, such as pregnancy anybody who promotes feelings of enmity or
of a woman offender. hatred between different classes of citizens
on the grounds of religion, race, caste,
Hate Speech community or language, in connection with
an election.
Why in News? ● Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989: it
The Supreme Court has held that authorities shall Prevents hate speech targeting Scheduled
act tough on incitement to violence, hate speech. Caste or a Scheduled Tribe in any place
within public view.
What is Hate Speech?

● There is no specific legal definition of ‘hate

Sixth Schedule of the Constitution
speech’. The provisions in law criminalise
speeches, writings, actions, signs and Why in news?
representations that foment violence and
spread disharmony between communities Inclusion of Ladakh under the Sixth Schedule of the
and groups and these are understood to refer Indian Constitution.
to ‘hate speech’.
About
● As per the Law Commission of India, hate
speech is stated as an incitement to hatred ● The Sixth Schedule of the Indian Constitution
primarily against a group of persons defined aims to protect tribal populations and their
in terms of race, ethnicity, gender, sexual interests through autonomous governance.
orientation, religious belief and the like. ● This Schedule contains provisions regarding
the administration of tribal areas in the
How Hate Speech is Treated in Indian Law?
states of Assam, Meghalaya, Tripura and
Mizoram.
 13

● The Sixth Schedule establishes autonomous Habitat Rights

institutional mechanisms which have
legislative, judicial and executive powers for Why in news?
governance.
● Inclusion under this Schedule would allow The District Level Committee of Keonjhar in Odisha
the region to create Autonomous District and cleared the hurdle for habitat rights under the
Regional Councils (ADCs and ARCs) — elected Forest Rights Act (FRA) to the PVTG Juanga Tribes.
bodies with the power to administrate tribal More about the news
areas.
● This would include the power to make laws ● The Habitat rights for a particularly
on subjects such as forest management, vulnerable tribal group (PVTG) assume huge
agriculture, administration of villages and significance as these tribes are usually
towns, inheritance, marriage, divorce and isolated.
social customs. o Out of 75 PVTG in India, only three
● The ADCs and ARCs may also constitute have habitat rights.
village councils or courts to decide disputes o The Bharia PVTG in Madhya Pradesh
between parties from Scheduled Tribes, and was the first, followed by the Kamar
appoint officers to oversee the tribe and now the Baiga tribe in
administration of the laws they enact. Chhattisgarh.
● In cases where the offences are punishable ● PVTGs live within a certain geographical
with death or more than five years of limit with unique cultural identities. Without
imprisonment, the Governor of the state can habitat rights, their culture and identity
confer upon the ADCs and ARCs the power to would have vanished
try them under the country’s criminal and About Habitat Rights
civil laws.
● The Schedule also gives ARCs and ADCs the ● Habitat rights are given to PVTGs under the
power to collect land revenue, impose taxes, Scheduled Tribes and Other Traditional
regulate money lending and trading, collect Forest Dwellers (Recognition of Forest
royalties from licences or leases for the Rights) Act, 2006 also known as the Forest
extraction of minerals in their areas, and Rights Act (FRA).
establish public facilities such as schools, ● Habitat includes the area comprising the
markets, and roads. customary habitat and such other habitats in
reserved forests and protected forests of
Ladakh’s Demand for Inclusion into the Sixth primitive tribal groups and pre-agricultural
Schedule communities and other forest dwelling
Scheduled Tribes.
● The primary concern is the fragile ecosystem ● Habitat rights safeguard and promote
of the region. Tourism has been growing by traditional livelihood and ecological
leaps and bounds, with numbers touching knowledge passed down through
half a million. Mass tourism is putting generations.
immense pressure on the fragile ecosystem. ● They also help converge different
● Ladakh demands autonomy to create and government schemes and initiatives from
decide on the laws of the union territory, various departments to empower PVTG
which is why it wants to be included in the communities to develop their habitats.
Sixth Schedule. The people of Ladakh ● Habitat rights recognition provides the
believe that their inclusion in the Sixth community concerned rights over their
Schedule will give them more influence over customary territory of habitation, socio-
the laws governing their union territory. cultural practices, economic and livelihood
14

means, intellectual knowledge of to issue orders under Section 144 to

biodiversity and ecology, traditional prevent public disturbances. State
knowledge of use of natural resources, as Authorities can suspend internet
well as protection and conservation of their services in specific areas for defined
natural and cultural heritage. durations to maintain public
tranquillity
About PVTG

● The tribal communities who are Impacts of Internet shutdown

technologically backward, who have
● Internet shutdowns infringe upon Article
stagnant or declining population growth,
19(1)(a) and Article 19(1)(g).
extremely low level of literacy, and a
● Shutdowns undermine public trust in
subsistence level of economy are declared
authorities and raise concerns about
as PVTG.
censorship and transparency.
● PVTGs have low health indices and largely
● During exigency, shutdowns hinder
reside in isolated, remote, and difficult
communication and coordination efforts,
areas in small and scattered
impeding timely information flow and
hamlets/habitats.
humanitarian assistance.
● The Ministry of Tribal Affairs has identified
● Rampant shutdowns draw international
75 PVGTs in 18 states and one Union
attention and condemnation, tarnishing a
Territory.
nation's global standing and diplomatic
Internet shutdown Report relations.

Census
Why in news?
Why in news?
As per a report by Access Now, India led the world
in internet shutdowns, disrupting the internet at The government is set to conduct the much-delayed
least 116 times. Census next year.

About Internet Shutdown More about the news

● Population census, known as the census, is

● An internet shutdown is an intentional
the process of collecting, compiling and
disruption of internet or electronic
analysing the data on economic, social, or
communications, rendering them
demographic areas at a specific period of a
inaccessible or effectively unusable, for a
particular area or in the whole country.
specific population or within a location,
● The year 2021 marked the first time India’s
often to exert control over the flow of
Census missed its decadal schedule since it
information.
was first carried out in 1881.
● Legal Provisions:
● Census is mentioned as item 69 on the Union
1. Indian Telegraph Act, 1885: it
List of subjects, meaning only the Central
empowers the Union Government to
government is empowered to undertake the
suspend telegraph services, including
exercise.
the internet, during public
emergencies or safety concerns. ● A census is a comprehensive source of
2. Code of Criminal Procedure, statistical information that is important for
Section 144: It empowers the a variety of social and economic reasons,
District magistrates or designated including:
magistrates by the state government
Significance of the next Census
 15

● The Census findings will be crucial in shaping issued an alert to the police in all states and
the future delimitation exercise as well as union territories amid the surge in digital
reservation of Parliamentary seats for arrest cases.
women. ● Blocking fraudulent accounts: The Union
● As of now, delimitation is suspended till at Ministry of Home Affairs has blocked more
least 2026. The delimitation of than 1,000 Skype IDs in connection with
constituencies for the Lok Sabha and State these cases, and is in the process of blocking
Legislative Assemblies based on the hundreds of SIM cards used in fraud.
first Census after 2026. ● Helpline Numbers: The MHA’s cyber wing
● A delimitation exercise in 2002, following has also set up a helpline number to report
the 2001 Census, involved only the such cases and seek more information about
redrawing of existing boundaries of this new method of cybercrime.
constituencies, and not a change in the ● DoT Advisory: The Department of
number of constituencies. Telecommunications (DoT) has also issued an
● The 84th Constitutional Amendment of 2001 advisory to citizens in wake of surging cases
said that the next delimitation can be held of cyber fraud, urging citizens not to attend
only based on the Census conducted after fake phone calls and calls made from foreign
2026. origin mobile numbers.
● In India, the delimitation exercise has been
conducted four times — 1952, 1963, 1973, Euthanasia
and 2002.
Why in news?
Digital Arrest Scam
The recent draft issued by the Union Health Ministry
Why in news?
has closed the regulatory gap on passive euthanasia.
The Ministry of Home Affairs warns of 'digital arrest'
What is Euthanasia?
scam by cyber criminals impersonating police
officials. ● Euthanasia refers to the practice of an
individual deliberately ending their life,
What is a Digital Arrest Scam?
oftentimes to get relief from an incurable
condition, or intolerable pain and suffering.
● In this scam, fraudsters impersonate law
● Active euthanasia involves an active
enforcement officials like police, anti-
intervention to end a person’s life with
narcotic or customs officials to manipulate
substances or external force. Passive
victims.
euthanasia refers to withdrawing life
● They deceive the individuals by making them
support that is essential to keep a terminally
believe that they are being digitally arrested
ill person alive.
and may be released by paying a huge sum
of money to so-called law enforcement
India’s Stance on Euthanasia
officials.
● Fraudsters use fear and a sense of urgency ● There is no dedicated legislation in India on
to trick victims into handing over money withholding/ withdrawing life-sustaining
quickly before they have a chance to think. treatment.
● In 2011, the SC recognised passive
Steps taken by Government
euthanasia for Aruna Shanbaug. The court
made a distinction between ‘active’ and
● Alert & Awareness: The cyber wing of the
Union Ministry of Home Affairs (MHA), has
16

‘passive’, and allowed the latter in “certain contracts but specifically recommending
situations”. that personal laws of Hindus and Muslims be
● In 2018, the Supreme Court recognised the kept outside such codification.
legality of ‘passive euthanasia’ for ● In 1941, BN Rau Committee recommended a
terminally-ill patients, holding that the codified Hindu law, which would give equal
‘right to die with dignity’ forms a part of the rights to women in keeping with the modern
right to life under Article 21 of the trends of society.
Constitution of India. ● During the framing of the Constitution by the
Constituent Assembly in 1946, there were
International Examples differing opinions among members.
● Dr. B R Ambedkar, while formulating the
● Netherlands, Luxembourg, and Belgium Constitution had said that a UCC is desirable
allow both euthanasia and assisted suicide but for the moment it should remain
for anyone who faces “unbearable suffering” voluntary. Pandit Jawahar Lal Nehru said, "I
that has no chance of improvement. do not think that at the present moment the
● Switzerland bans euthanasia but allows time is ripe in India for me to try to push it
assisted dying in the presence of a doctor or through."
physician. Certain U.S. state allow assisted ● Currently, Goa is the only state in India to
suicide under strict regulations. have a uniform civil code.

Uniform Civil Code Arguments in favour of the UCC

Why in news ● UCC will help in integrating India by ensuring

that all citizens of the country are governed
Uttarakhand Legislative Assembly has approved the by the same laws irrespective of their
UCC of Uttarakhand Bill, 2024. religion, which can foster national unity.
● UCC can provide equal status to all genders
What is UCC? in matters of personal laws, particularly
relating to marriage, divorce, inheritance,
● The Uniform Civil Code (UCC) calls for the
and adoption, thereby promoting gender
formulation of one law for India, which equality.
would be applicable to all religious ● By having one set of civil laws for all citizens,
communities in matters such as marriage, UCC would simplify the complex legal system
divorce, inheritance, adoption. currently in place due to the existence of
● Article 44 of the Constitution, which lays multiple personal laws.
down that the state shall endeavour to ● Implementing UCC is a step towards
secure a Uniform Civil Code for the citizens achieving secularism.
throughout the territory of India.
● The Constitution explicitly states that the Essential Religious Practice
state can only “endeavour” to achieve a
common code among its citizens, rather than Why in news?
enforce it.
Bombay High Court held that the use of
History of the UCC loudspeakers is not an 'Essential Religious Practice'.

● The history of UCC can be traced back to More about the news
colonial India, in 1835 the Britishers stressed ● The court said, the use of loudspeakers and
the need for uniformity in the codification of public address systems (PAS) cannot be
Indian law related to crimes, evidence, and
 17

deemed an essential religious practice that free water and air, to live in a pollution-free
ought to be protected by law. environment, etc.
● The use of loudspeakers could not be ● Legal Precedent: the judgment has set an
claimed as a fundamental right under Article important legal precedent; it will act as a
25 (freedom of religion) and Article 19(1)(a) push to Parliament to take note of the
(freedom of speech and expression) of the adverse effects of climate change issues.
Constitution. ● Curbing Environmental Pollution: The
judgment not only looks to curb
About Essential Religious Practice
environmental pollution, but will set an
● A practice is considered essential to a important legal precedent, and will
religion if it is essential to the community influence the broader public discourse on
following the religion. environmental matters.
● Furthermore, Article 25(1) and 26(b) offers ● Climate Justice: The judgment puts the
protection to religious practices. Affairs focus on strengthening environmental and
which are purely secular may be regulated climate justice by elucidating the multiple
by statute without infringing the aforesaid impacts of climate change on a range of
articles. communities.
● The expression. “matters of religion”
includes “religious practices, rites and
Article 293
ceremonies essential for the practicing of
religion.” Why in news

About Essential Religious Practice Test The Supreme Court referred Kerala’s suit against
Centre over borrowing limit to the Constitution
● The doctrine was invented by the Supreme
Bench.
Court in the 'Shirur Mutt' case in 1954.
● The ERP test is to be employed in cases
About Article 293
where the State sought to defend its policies
on the ground that a legislation was bringing ● Article 293 covers borrowings by the state
in either social reform or regulating secular governments.
or financial aspects of religious institutions. ● Article 293 of the Indian constitution
stipulates that state governments can
Right Against Climate Change Impacts
borrow only within the country upon the
security of the Consolidated Fund of the
Why in news?
State.
The Supreme Court has ruled that people have a ● The Government of India may make loans to
“right to be free from the adverse effects of climate any State or, so long as any limits fixed under
change”, under Articles 14 and 21 of the article 292 are not exceeded, give
Constitution. guarantees in respect of loans raised by any
State, subject to such conditions as may be
Implications of the judgment
laid down by any law made by Parliament.
● Expansion of the Part III of Constitution: A ● Article 293(3) of the Constitution requires
significant aspect of the judgment is the states to obtain the Centre’s consent in
expansion of Fundamental Rights. Over the order to borrow in case the state is indebted
last few decades, the right to life has been to the Centre over a previous loan.
expanded by the apex court to include a ● A consent under clause (3) may be granted
right to clean environment, the right to live subject to such conditions, if any, as the
in a healthy environment, to enjoy pollution- Government of India may think fit to impose.
18

over the duration of their term in office.

This immunity is granted under Article 361.
Article 341 ● The aim of the Article is to ensure that they
are not answerable to any court for the
Why in news? exercise and performance of their official
powers and duties, or for any acts done in
The Supreme Court has held that States cannot the course of these duties.
tinker with the Scheduled Castes List notified under 1. Criminal proceedings: No criminal
Article 341 of the Constitution. cases can be initiated or continued
against them, and no arrest or
More about the news imprisonment orders can be issued by
any court under Clause (2) of Article
● The Supreme Court quashed the 2015 Bihar 361.
government notification categorising Tanti- 2. Civil proceedings: The Article
Tantwa community as Scheduled Caste. mandates a two-month notice for
● The Court said, any inclusion or exclusion of any civil proceedings related to
any caste, race or tribe or part of or group
personal acts. Additionally, Clause
within the castes, races or tribes has to be, (3) of Article 361 restricts any arrest
by law made by the Parliament, and not by or imprisonment orders during their
any other mode or manner. term.
● The State government had no ● According to Articles 153 and 154 of the
competence/authority/power to tinker Constitution, governors ensure the smooth
with the lists of Scheduled Castes functioning of state governments within the
published under Article 341 of the constitutional framework.
Constitution. ● Governors in India possess discretionary
● As per Article 341 neither the central
constitutional powers, as defined by the
government, nor the President can make any Constitution, which they can exercise in
amendments or changes in the notification
specific situations.
issued under Clause-1 without a law made by ● These powers enable governors to make
the Parliament, specifying the castes in critical decisions in the executive realm,
relation to the states or UT. particularly during times of political or
administrative uncertainty.
Article 361
Article 200 of the Constitution
Why in news?
Why in news?
The Supreme Court of India has agreed to examine
a criminal plea against the Governor of West Bengal. The Supreme Court asked if it is open to a Governor
to reserve Bills sent by the state Assembly for the
About
consideration of the President after he has withheld
● The plea challenges the immunity granted to assent to those Bills.
the governor of a state under Article 361 of
About Article 200
the Indian Constitution and seeks several
directions and investigations. ● Article 200 of the Constitution bestows on
● The President of India and governors of state the Governor the power to provide assent to
receive immunity from legal proceedings the Bills passed by the State Legislature.
 19

● When a Bill has been passed by the while acting or purporting to act in discharge
Legislative Assembly of a State or, in the of his official duty.
case of a State having a Legislative Council, ● According to the CrPC, a Special Court may
has been passed by both Houses of the take cognisance of an offence under Section
Legislature of the State, it shall be 3 upon receiving a complaint from an
presented to the Governor. authority under the Act.
● The Governor can also return the Bill to the ● The court's order implies that prior sanction,
Legislature for reconsideration or suggest as required under Section 197(1) of the
amendments. However, if the Bill is once CrPC, must be obtained before a Special
again passed by the Legislature, the Court can take cognisance of a money
Governor is bound to give his assent. laundering offence under the PMLA.
● The Governor is further entrusted with an
additional power to reserve a Bill for the About PMLA
consideration of the President. However,
the Constitution does not prescribe a time ● PMLA stands for Prevention of Money
limit for the Governor to assent, withhold Laundering Act, 2002 aims to prevent money
assent or reserve the Bill for the laundering and confiscate property that is
consideration of the President. derived from money laundering.
● If the Governor reserves a bill for the ● The PMLA was enacted to combat money
President's consideration, the President has laundering related to illegal activities like
the final say on whether to approve or reject smuggling, drug trafficking, and terrorism
it. financing.
● The absence of a time-limit in article 200 ● The Enforcement Directorate (ED) enforces
gives the Governor unbridled power to delay the Prevention of Money Laundering Act
the fate of a Bill. (PMLA). The ED's responsibilities include:
Investigating potential violations of the
Prior Sanction Mandatory to Prosecute PMLA, Tracing assets derived from criminal
proceeds, provisionally attaching properties,
Public Servants Ensuring prosecution of offenders, and
Confiscating property.
Why in news?
All-India Services (Conduct) Rules, 1968
The Supreme Court ruled that prior sanction is
mandatory to prosecute public servants in money Why in news?
laundering cases.
Kerala has suspended two IAS officers citing
More about the news violation of All-India Services (Conduct) Rules, 1968
(AIS rules).
● The Supreme Court held that Section 197(1)
About
of the Code of Criminal Procedure (CrPC)
that mandates prior sanction from the ● The All India Services (Conduct) Rules, 1968
government to take cognizance of an (AIS rules) outline the conduct expected of
offence against public servants will apply to members of the All India Services (AIS).
the Prevention of Money Laundering Act ● All India Services (AIS) are civil services that
(PMLA) too. are shared by the state and central
● The object of Section 197 of the Code is to governments of India.
safeguard a public servant against vexatious ● The three services that make up the AIS are:
criminal proceedings for offences alleged to Indian Administrative Service, Indian Police
have been committed by such public servant Service, Indian Forest Service.
20

● The Central Government is responsible for ● In lateral recruitment, candidates are

recruiting people into the AIS, but the state typically hired on contracts ranging from
government is responsible for posting them. three to five years, with extensions based on
● The Central Government can also make rules performance.
for regulating the conditions of service and ● They are required to meet specific academic
recruitment for the AIS qualifications and possess a defined period
of professional experience in a relevant
Some of the rules
field.
● Members should uphold high ethical ● These positions are generally filled for a
standards, integrity, and honesty. fixed term, with the possibility of extension
● Members should be politically neutral and at the discretion of the hiring authority.
promote fairness, impartiality, and merit in
● Lateral entry envisages the inclusion of
their work.
domain experts or those with experience in
● Members should be accountable and
policy-making and implementation from
transparent and should be responsive to the
outside the civil services.
public, especially the underprivileged.
● Members should maintain confidentiality in Significance of lateral entry
their work, members should perform their
● Lateral entry envisages the inclusion of
duties with professionalism and dedication.
domain experts or those with experience in
● Members should not misuse their position to
policy-making and implementation from
gain financial or material benefits for
outside the civil services.
themselves, their family, or their friends.
● Officer’s lateral entry may be able to
Lateral Entry into Civil Services alleviate the central office staffing
shortfall.
Why in news? ● The lateral entry process is designed to
enhance governance by bringing in target-
Last year, UPSC released a notice to cancel the oriented talent from the private sector.
lateral entry into civil services advertisement. ● Lateral entry can create a platform for more
About collaboration between the government and
the private sector.
● Lateral entry in civil services is a practice of ● Many countries have regularised lateral
recruiting individuals from outside the entry into administrative posts— including
government to fill mid-level and senior the United States, the United Kingdom,
positions. Australia, New Zealand and Belgium.
o The first Administrative Reforms
Commission (ARC), chaired by
Former Prime Minister Morarji
Desai, delved into the issue of lateral
entry of subject-specific experts into
the governance system.
o The Constitution Review
Commission in its 2002 report
supported the idea of lateral entry.
o The Second ARC, headed by M
Veerappa Moily, recommended
lateral entry for specialised jobs in
government services.
 21

consideration of a resolution for their

removal from office.
Office of the Speaker of Lok Sabha ● Duties & Powers of the Speaker:
o The Lok Sabha Speaker is the final
Why in news? authority on the interpretation of
the provisions of the Constitution of
The 18th Lok Sabha elected the Speaker by a voice India, the Rules of Procedure and
vote. Conduct of Business of the Lok
More about the news Sabha, and the parliamentary
proceedings within the House.
● It is for the fifth time that a speaker will o His rulings on such matters are
serve beyond the tenure of one Lok Sabha. binding on the members of the
● In 1952, 1967 and 1976, the Speakers House.
were elected unopposed. o The Speaker presides over joint
About the Office of the Speaker sittings of both houses of
Parliament.
● The Speaker is Presiding Officer of the Lok o The Speaker has the power to
Sabha, he is the constitutional and adjourn the House or suspend a
ceremonial head of the House. meeting in the absence of the
● He deals with the actual necessities and quorum.
concerns of Parliament in the performance o In the event of a tie, where the House
of its functions and is assisted by the is equally divided on a question, the
secretary-general of the Lok Sabha. Speaker is entitled to cast a
● Article 93 provides for the election of both deciding vote, known as the
the Speaker and the Deputy Speaker. ‘casting vote’.
o The members of the Lok Sabha elect o The Speaker has the exclusive
its presiding officer by a simple authority to decide whether a bill is
majority. a “money bill” or not, and this
o The election of the Speaker is usually decision is final and cannot be
the first item of business in the challenged.
newly constituted Lok Sabha, and o It is the Speaker who decides the
the process is overseen by the Pro- questions of disqualification of a
tem Speaker, who is appointed by member of the Lok Sabha arising on
the President of India. the ground of defection under the
o Generally, a member belonging to provisions of the Tenth Schedule.
the ruling party is elected as o The Speaker is the guardian of the
Speaker, whereas a Deputy Speaker rights and privileges of the House,
is elected by the Opposition. its committees, and its members.
● Article 94 outlines the procedures for ● Article 97 provides for the salaries and
vacation, resignation, and removal from allowances of the Chairman and Deputy
the positions of Speaker and Deputy Chairman and the Speaker and Deputy
Speaker. Speaker.
o The Speaker can be removed from
office only on a resolution of the Pro tem Speaker of Lok Sabha
House passed by a majority of all the
then members of the House. Why in news?
● Article 96 specifies the powers of the The President appointed a prominent member of
Speaker and Deputy Speaker during Lok Sabha as Speaker Protem of 18th Lok Sabha.
22

About ● Winning the election and starting the term

does not automatically allow an MP to
● Pro-tem is a Latin phrase which means “for
participate in House proceedings.
the time being”.
● To debate and vote in Lok Sabha, an MP has
● A Protem speaker is a temporary speaker
to take an oath or affirmation prescribed in
who presides over the first meeting of a
the Constitution (Article 99).
newly constituted Lok Sabha or the State
o Before being called upon to take the
Legislative Assemblies.
oath or affirmation, MPs must submit
o Article 94 of the Indian Constitution
their election certificate to the Lok
states: “Whenever the House of the
Sabha staff.
People is dissolved, the Speaker shall
o After the verification, MPs can
not vacate his office until
subscribe to the oath or affirmation
immediately before the first meeting
in English or any of the 22 languages
of the House of the People after the
specified in the Constitution.
dissolution.”
● The Constitution also specifies a financial
● In the new Lok Sabha, the Speaker of the
penalty (the only one in the document) of Rs
House is decided by a simple majority. Until
500 if a person participates or votes in House
her selection, the pro-tem Speaker is chosen
proceedings without taking an oath (Article
to administer some important duties.
104).
● The Constitution does not mention the post.
● However, there is an exception to this rule.
However, the official ‘Handbook on the
An individual can become a minister
Working of Ministry of Parliamentary Affairs’
without being elected to Parliament. They
speaks about the ‘Appointment and
have six months to secure a seat in either
Swearing in of Speaker pro tem’.
Lok Sabha or Rajya Sabha. During this
● The handbook states when the Speaker post
time, they can participate but not vote in
falls vacant before a new Lok Sabha, “the
House proceedings.
duties of the Speaker are to be performed by
a Member of the House appointed for this Additional Information
purpose by the President as Speaker pro
● The five-year term of a Lok Sabha MP begins
tem”.
when the Election Commission of India (ECI)
● According to the handbook, the senior most
declares the results according to Section 73
members (in terms of number of years of
of the Representation of the People Act,
membership of the House) are generally
1951.
chosen for the purpose, though there have
● From that day onward, MPs are eligible for
been exceptions.
certain rights as elected representatives.
● Duties of the Protem Speaker:
For example, they start receiving their
o Administering oaths to the new MPs is
salary and allowances.
the pro-tem Speaker’s primary duty.
● The start of their term also means that if MPs
o He also enables the House to elect a
change their party allegiance, their political
new speaker.
party can ask the Speaker to disqualify them
Oath of Members of Parliament from Parliament under the anti-defection
law.
Why in news?

Newly elected members of 18th Lok Sabha took oath

on the first day of the inaugural session.

About Oath
 23

Leader of Opposition Chairperson and Members of the

National Human Rights Commission,
Why in news? and the Lokpal.
● In the absence of a recognised Leader of the
After a decade, a prominent leader has assumed the Opposition in the Lok Sabha, the largest
duties of a Leader of the Opposition (LoP) in the Lok opposition party's leader is inducted into
Sabha. the selection committee as per the Central
About Leader of the Opposition Vigilance Commission Act, 2003.
● He holds the right to be a member of crucial
● The position of Leader of Opposition was committees, including Public Accounts,
officially described in the Salary and Public Undertakings, Estimates, several
Allowances of Leaders of Opposition in Joint Parliamentary Committees, and so on.
Parliament Act, 1977.
● This act defines the term Leader of the Expunction in Parliament
Opposition as the member of the Lok Sabha
or the Rajya Sabha who leads the party in Why in news?
opposition to the government with the
The Speaker of Lok Sabha has expunged the
greatest numerical strength.
unparliamentary words from the speech of a
o According to Parliamentary
prominent Member of parliament.
conventions, in order to get the post
of Leader of Opposition a party About
must have at least 10% of MPs in the
● The expunging of certain words, sentences,
House.
or portions of a speech from the records is a
o The leader of opposition is a
fairly routine procedure.
statutory post and the office holder
● The decision on which parts of the
ranks 7th in the Order of
proceedings are to be expunged lies with the
Precedence of India.
Presiding Officer of the House. The
o The first Leader of the Opposition in
provision was introduced to make sure the
the Lok Sabha was Dr. Ram Subhag
freedom of speech guaranteed inside
Singh, who served from 1969 to 1971.
Parliament is not misused.
● The main duty of the Leader of Opposition is
o Rules 380 and 381 of the Rules of
to serve as the voice of the opposition in the
Procedure and Conduct of Business
House.
in the Lok Sabha outline the grounds
● An official booklet on Parliament published
for and the procedure of expunging
in 2012 says the Leader of Opposition in Lok
comments.
Sabha “is considered as a shadow Prime
o Rule 261 grants the chairman of the
Minister with a shadow Cabinet, ready to
Rajya Sabha the same power to
take over the administration if the
expunge remarks made on the floor
Government resigns or is defeated on the
of the House if they are derogatory,
floor of the House”.
defamatory, indecent or
● Most importantly, the Leader of Opposition
unparliamentary.
is the Opposition’s representative in the
● Under Article 105(2) of the Constitution,
high-powered committees headed by the
“no Member of Parliament shall be liable to
Prime Minister for appointment to key
any proceedings in any court in respect of
posts such as
anything said…in Parliament or any
o The Director of CBI, the Central
committee thereof”. However, this does not
Vigilance Commissioner and Chief
Information Commissioner, the
24

mean MPs can say whatever they want inside ● The summoning of Parliament is specified in
the House. Article 85 of the Constitution. Like many
● The speech of MPs is subject to the discipline other articles, it is based on a provision of
of the Rules of Parliament, “good sense” of The Government of India Act, 1935.
its members, and the control of proceedings ● India does not have a fixed parliamentary
by the Speaker. calendar. By convention, Parliament meets
● These checks ensure that MPs cannot use for three sessions in a year.
“defamatory or indecent or undignified or ● The power to convene a session of
unparliamentary words” inside the House. Parliament rests with the government. The
● Expunged portions of speeches are removed decision is taken by the Cabinet Committee
from official records and are not reportable on Parliamentary Affairs. The President also
by media outlets. addresses both the houses at the beginning
of the first session of each year.
Adjournment Sine Die
Types of Sessions:
Why in news? ● Budget session: The annual budget session
typically takes place between February and
The first session of the 18th Lok Sabha was
adjourned sine die after passage of the Motion of May. It is regarded as one of the Parliament's
Thanks on the President's address to the joint sitting most important sessions. The main
of both Houses of Parliament. objective of the Budget Session is to pass
the Appropriation Bill, the Finance Bill and
About Adjournment Sine Die the demand for grants.
● Adjournment sine die (Latin for “without ● Monsoon session: The Monsoon Session is a
day”) means “without assigning a day for a session of the Indian Parliament that takes
further meeting or hearing”. place annually from July to September.
● Adjournment sine die means terminating a ● Winter session: Every year, from mid-
sitting of Parliament for an indefinite November to mid-December, Parliament
period, that is, when the House is adjourned holds its winter session. The session is the
without naming a day for reassembly, it is
shortest of all.
called adjournment sine die.
● Session starting after the election: This
● The power of adjournment as well as
adjournment sine die lies with the presiding session begins after the election, in this
officer of the House. It is done when the session member take the oath and the
business of a session is completed. government also proves his majority. The
● Usually, the President issues a notice for President of India addresses both the Rajya
the session's prorogation a few days after Sabha and the Lok Sabha at the beginning of
the House is adjourned sine die by the
the first Session after each general election
presiding officer of the House.
when the reconstituted lower house meets
Winter Session of Parliament for the first time.
● Special Sessions: They are called for
Why in news? passing important bills like the GST bill etc.

The Winter Session of Parliament was concluded

after passing significant legislations.

About Sessions of Parliament

 25

Money Bill provision for the inclusion of the Rajya Sabha

while the former does not.
Why in news?
Private Member’s Bill
The Supreme Court has agreed to hear the
challenges against the government's passage of Why in news?
several legislations as money bills ahead of the
upcoming budget. During the five-year term of the 17th Lok Sabha that
ended in 2024, only 9.08 hours were spent on
About the Money Bill Private Members' Bills.

● A money bill is a specific type of financial About Private Member’s Bill

legislation that exclusively deals with
matters related to taxes, government ● A Private Members' Bill is a legislative
revenues, or expenditures. proposal that is initiated by an individual
● It is defined under Article 110 of the Member of the Parliament, who is not a
constitution. Minister.
● Money bills hold power to impose, abolish, ● Private Member's Bills enable legislators to
or alter taxes. Money bills determine the draw attention to issues which might not be
government's borrowing capacity and represented in Government Bills or to
influence India's financial strategies and highlight the issues and gaps in the existing
economic stability. legal framework requiring legislative
● Certain matters do not qualify as money intervention.
bills, and these exclusions are outlined in ● Private Member’s Bill does not reflect the
the Indian Constitution. These include the government's stand on public matters and
imposition of fines, pecuniary penalties, has a lower chance of being approved.
fees for licenses or services, and local ● Private Members' Bill passes through the
taxes imposed by local authorities for local same stages of procedure as a government
purposes. bill in the Parliament.
● As per Article 109, a money Bill shall be ● The Member must give at least a month's
introduced only in the Lok Sabha. After it notice before the Bill can be listed for
is passed in the Lok Sabha, the Rajya Sabha introduction. Private member's bills can be
has only 14 days to provide its introduced and discussed only on Fridays.
recommendations on such a Bill which may ● Only a small number of Private Members'
or may not be accepted by the Lok Sabha. Bills, 14 to be exact, have successfully been
● The Speaker of the Lok Sabha has the enacted into law.
authority to certify a bill as a money bill
under Article 110 of the Constitution. Joint Parliamentary Committee
● Money bills are crucial for the government to
carry out its financial plans, as they Why in news?
provide the legal framework for raising
revenues and incurring expenditures. A Joint Parliamentary Committee (JPC) formed to
● They have special privileges and a simplified review the bills related to the One Nation One
legislative process to ensure effective Election.
management of the country's finances.
● The chief difference between a Money Bill About JPC
and a Finance Bill is that the latter has a
26

● A Joint Parliamentary Committee (JPC) is set ● A member from the Opposition in Lok Sabha,
up by the Parliament for a special purpose, is appointed as the Chairman of the
like the detailed scrutiny of a subject or Bill. Committee by the Speaker.
● The mandate of a JPC depends on the motion ● The PAC's main role is to ensure that the
constituting it. government spends money granted by
● A JPC is set up after one House of Parliament Parliament within the scope of the demand.
has passed a motion and the other has ● The PAC reviews the CAG's report on the
agreed to it. Members of the JPC are decided government's financial management, which
by the Parliament. The number of members includes revenue receipts, departmental
can vary. expenditures, and accounts of autonomous
● As the name suggests, it has members from bodies.
both the Houses and from the ruling parties ● The PAC is one of three financial standing
and the opposition. It is dissolved after its committees of the Parliament of India, along
term ends or its task has been completed. with the Estimates Committee (EC) and the
● The recommendations of a JPC have Committee on Public Undertakings (COPU).
persuasive value, they are not binding on the
government. Parliamentary Committee on Official
Language
Public Accounts Committee
Why in news?
Why in news?
The Union Home Minister was unanimously re-
The Public Accounts Committee will hold a elected as the Chairperson of the Parliamentary
performance review of regulatory bodies Committee on Official Language.
established by Act of Parliament.
About
About Public Accounts Committee ● The Parliamentary Committee on Official
Language was constituted in 1976 under
● The Committee on Public Accounts was first
the provisions of the Official Languages
set up in 1921 in the wake of the
Act, 1963.
Montague-Chelmsford Reforms.
● The committee comprises 30 members of
● The Public Accounts Committee (PAC) is a
Parliament, out of which 20 are from the
committee of the Parliament of India that
Lok Sabha and 10 from the Rajya Sabha.
audits the government's revenue and
● Article 344 of the Constitution of India
expenditure.
deals with the official language of the Union
● The Public Accounts Committee is now
and includes the establishment of a
constituted every year under Rule 308 of
Commission and a Committee.
the Rules of Procedure and Conduct of
● The Committee is chaired by the Union
Business in Lok Sabha.
Home Minister, and has, in accordance with
● The Public Accounts Committee consists of
the provisions of the 1963 Act.
not more than 22 members comprising 15
● The Committee of Parliament on Official
members elected by Lok Sabha and &
Language is responsible to review the
members from Rajya Sabha according to
progress made in the use of Hindi for the
the principle of proportional
official purpose of the Union.
representation by means of single
● The Committee submits its report to the
transferable vote.
President, who then causes the report to be
presented to both houses of Parliament and
sent to all state governments.
 27

Supplementary Grant ● Two conditions exist: The question shall be

restricted to a specific matter of recent
Why in news? occurrence and the matter requires the
intervention of the Council.
The Centre sought parliamentary clearance for an What is parliamentary privilege?
additional net expenditure, presenting the first
batch of supplementary demands for grants for ● As elected representatives, the members of
2024-25. the House enjoy certain rights and
immunities to effectively discharge their
About Supplementary Grant functions.
● Article 105 in the Indian Constitution
● The article 115 of the Indian Constitution explicitly mentions only two kinds of
provides for supplementary, additional, or privileges, freedom of speech in the
excess grants. Supplementary grants. Parliament and the right to publish the house
● When grants, authorised by the Parliament, proceedings.
fall short of the required expenditure, an ● The Code of Civil Procedure, 1908, grants
estimate is presented before the Parliament freedom from arrest and detention of
for Supplementary or Additional grants. members under a civil process during house
● These grants are presented and passed by proceedings or during the functioning of any
the Parliament before the end of the of its committees.
financial year. ● Apart from the Indian constitution and Code
● The Comptroller and Auditor General of of Civil Procedure, privileges are also based
India bring such excesses to the notice of the on house rules and other parliamentary
Parliament. conventions. Members are not liable for any
● The Public Accounts Committee examines court proceedings for anything said or
these excesses and gives recommendations published regarding house or committee
to the Parliament. proceedings.
● The Demand for Excess Grants is made after
the actual expenditure is incurred and is Demand for Grants
presented to the Parliament after the end of
the financial year in which the expenses Why in news?
were made.
The Lok Sabha passed Outstanding Demands for
Privilege Motion Grants related to expenditures proposed in the
Union Budget 2024-25 by different Ministries.
Why in news?
About Demand for Grants
The opposition members moved a Privilege Motion
in the Parliament. ● Demand for Grants is a formal request for
About Privilege Motion funds made by various ministries or
departments of the government. It is part
● It is concerned with the breach of of the annual budgetary process and is
parliamentary privileges. If a member presented to the Lok Sabha.
believes that such a privilege has been ● These are included in the annual financial
breached or misused, a motion or complaint statement and required to be voted upon in
can be raised to the house chairman or the Lok Sabha, in pursuance of Article 113
speaker. of the Constitution.
28

1. Article 113 of the Constitution ● The Consumer Protection Act of 2019 forbids
requires that any proposal or unfair trade practices, including misleading
estimate seeking withdrawal of advertisements, and provides a mechanism
money from the Consolidated Fund for consumers to file complaints about such
of India should be presented to the misleading advertisements.
Lok Sabha in the form of a demand
for grants. Key provisions of the act
2. Article 113 also prescribes that no
demand for grants can be presented ● Definition of consumer: The Act has
in the Lok Sabha without the widened the scope of the definition of
President of India’s prior approval. "consumer" to include persons who buy or
● The demand for grants include both avail of goods or services online or through
charged and voted expenditure. electronic means which was not present in
● The demand for grants includes provisions the Consumer Protection Act 1986.
with respect to revenue expenditure, capital ● Definition of advertisement: The Act
expenditure, grants to State and Union defines advertisement as any audio or visual
Territory governments together with loans publicity, representation, endorsement or
and advances. pronouncement made through, inter-alia,
● Generally, one demand for grant is electronic media, internet or website.
presented in respect of each ministry or ● Consumer rights: The Act enshrines the
department. However, for large ministries rights of consumers, including the right to be
and departments, more than one demand is protected against marketing of goods and
presented. services that are hazardous to life and
● MPs can propose cut motions, which are property.
formal objections to a demand. There are ● Product liability: The Act introduces the
three types of cut motions: Disapproval of concept of product liability, holding
Policy Cut, Economy Cut, and Token Cut. manufacturers, sellers, and service
These motions allow MPs to express their providers liable for any harm caused to
disagreement with certain aspects of the consumers due to defective products or
budgetary allocation. deficient services.
● Due to time constraints, not all demands for ● Establishment of Consumer Protection
grants can be discussed individually in the Council: The Act provides for the
Lok Sabha. On the last day allotted for the establishment of Consumer Protection
discussion of demands, the Speaker applies Councils at the national, state, and district
a "guillotine," meaning that all outstanding levels to promote and protect the rights of
demands are put to vote at once, without consumers.
discussion. ● CCPA: The act provides that a Central
Consumer Protection Authority (CCPA) has
Consumer Protection Act been established to regulate matters, inter-
alia, relating to false or misleading
advertisements which are prejudicial to the
Why in news?
interests of the public and consumers as a
The Supreme Court ruled that advocates cannot be class.
held liable for deficiency of service under the ● E-commerce transactions: The Act includes
Consumer Protection Act. provisions related to e-commerce
transactions, addressing issues such as
About Consumer Protection Act (2019) misleading advertisements, counterfeit
 29

products, and protection of consumer data ● Section 24: It states that the act shall not
in online transactions. apply to intelligence and security
organizations specified in the Second
Right to Information Act 2005 Schedule of the Act, but information
pertaining to allegations of corruption and
Why in news? human rights violations is to be provided.
● Second Schedule of the Act: The Second
The Madras High Court ruled that cooperative
Schedule contains a list of prominent
societies do not fall under ambit of RTI Act.
intelligence and security organizations such
Right to Information Act 2005 as Intelligence Bureau, Directorate of
Revenue Intelligence, Directorate of
The Act mandates timely response to citizen
Enforcement, Narcotics Control Bureau, and
requests for government information.
others.
Key features of the Act ● 2019 Amendment: It modifies terms, salary
and conditions of service. Now the Central
● Constitutional Backing: The right to
government determines the term for Chief
information is a fundamental right under
Information Commissioners (CIC) and
Article 19 (1) of the Indian Constitution.
Information Commissioners (IC) (no fixed
● Scope: The Act gives the right to information
duration) and also determines salaries,
only to the citizens of India. It does not make
allowances, and other terms of service for
provision for giving information to
all CIC and ICs.
Corporations, Associations, Companies etc.
which are legal entities/persons, but not Unlawful Activities Prevention Act
citizens.
● Time Period: In normal course, information Why in news?
to an applicant shall be supplied within 30
The Supreme Court held that investigating agencies
days from the receipt of application by the
should provide people arrested under the Unlawful
public authority.
Activities Prevention Act (UAPA) with a written copy
● Public Information Officer (PIOs): PIOs are
of information specifying the grounds of their
officers designated by the public authorities
arrest.
in all offices and are responsible to provide
information to the citizens. About UAPA
● Appellate Authority: The First Appellate
Authority is an officer senior in rank to the ● The Unlawful Activities (Prevention) Act was
passed in 1967. It was enacted in 1967 based
PIO. The second appeal lies with the CIC or
on recommendations from the Committee on
SIC.
National Integration and Regionalism.
● Locus standi: The public authorities cannot
● It is aimed at prevention of unlawful
ask the reason for seeking information from
activities associations in India.
the applicant nor they can question the locus
● Its main objective was to make powers
standi of the applicant.
available for dealing with activities directed
● Third party information: Section 8 of the
against the integrity and sovereignty of
act safeguards the third-party rights of
India.
information.
● Exemptions: Section 8 also defines other Key Provisions:
cases where information can be withheld
such as concerning security, the integrity of ● Definition of Unlawful Activities: Under the
India, privilege of Parliament etc. act, an unlawful activity refers to any action
taken by an individual or association which
30

is intended to disrupt the territorial integrity organizations and expanded the definition of
and sovereignty of India. "unlawful" activities.
● Declaring associations as unlawful: Section ● 2019 Amendment: It has empowered the
3 of the act provides that the central central government to designate individuals
government has the power to declare as terrorists and granted NIA officers broader
associations as ‘unlawful’. investigation powers, including property
● Tribunals under the Act: seizure.
o Under Section 5, the tribunal is
constituted by the Central Telecommunications Act, 2023
Government and consists of only one
person. The appointed person shall Why in news?
be a former judge of a High Court. The Ministry of Communications issued a
o The Tribunal is constituted for the notification for enforcing certain sections of the
purpose of adjudicating whether or Telecommunications Act 2023.
not there is sufficient cause for
declaring the association unlawful. About the Telecommunications Act 2023
● Chargesheet Requirement: The act ● The Telecommunications Act, 2023 also
mandates investigating agencies to file a seeks to repeal existing legislative
chargesheet within 180 days of arrest, frameworks like Indian Telegraph Act,1885
extendable with court approval (Section 45). and Indian Wireless Telegraph Act, 1933
● Period of Ban: The ban on organisations was owing to huge technical advancements in the
initially for two years, but from 2013, the telecom sector and technologies.
period of proscription has been extended to Salient Features
five years.
● Punishments: ● Definitions: The Telecommunications Act
o All offences under this act shall be clearly defines various terminologies related
deemed to be cognizable offences. to the implementation of the act thereby
o The act has detailed provisions for reducing uncertainties and improving
punishment for terrorist activities investor confidence and is a step towards
under Chapter IV. This includes ease of doing business.
punishments for committing terrorist ● RoW framework:
acts, raising funds for such acts, o Right of Way pertains to the legal
membership of such organizations, right to pass through or use land or
recruiting and harbouring people for infrastructure owned by others.
terrorist acts. o Right of Way provides for an effective
● Powers of the central government: RoW framework, both on public and
o The Central Government has powers private property.
to prohibit the use of funds of an o The Act has broadened the
unlawful association. definition of public entities to
o Under Section 35 of this act, the include government agencies, local
Central Government can add or bodies and public-private
remove an organization from the partnership projects like airports,
First Schedule of the act, or seaports, and highways.
individual under the Fourth Schedule o In a key move, the government can
of the Act, to designate as terrorist now grant permission to telcos to
associations or terrorists. install mobile towers or lay telecom
● 2004 Amendment: It added the "terrorist cables on private properties, if
act" to enable the ban of terrorist
 31

absolutely necessary, even if the registers have been made

landowner objects. mandatory for operators.
● Common ducts: In line with PM Gati Shakti o Commercial messages sent without
vision, the law provides for the Central the user's consent may lead to the
Government to establish common ducts relevant operator facing a fine of up
and cable corridors. Common duct refers to to Rs 2 lakh and being banned from
a common structure installed underground providing services.
for public utilities ranging from electric and ● Number of Sim Cards: The Act also allows
communication cables to water, sewage and individuals to have a maximum of nine SIM
gas pipelines cards in their name. The limit is being
● Telecommunication standards: To ensure reduced to six for residents of Jammu and
national security and promote India’s Kashmir and the Northeast.
technology developers, the act lays down ● Dispute Resolution: The District Judge has
powers to set standards and conformity been designated as the final authority in
assessment measures for disputes pertaining to compensation.
telecommunication services, ● Digital Bharat Nidhi:
telecommunication networks, o The Universal Service Obligation
telecommunication security, etc. Fund has been established under the
● National Security and Public safety: The Indian Telegraph Act, 1885 to provide
Act provides strong provisions to take for telecom services in underserved
necessary measures for national security and areas.
public safety. It allows the Centre and state o The Act retains this provision,
governments to intercept messages, and renames the fund as Digital Bharat
take temporary possession of telecom Nidhi, and also allows its use for
networks in the interest of public safety or research and development in
during emergencies. telecom.
● Inclusive service delivery, Innovation and
technology development: Bhartiya Vayuyan Vidheyak Bill 2024
o The Act expands the scope of
Universal Service Obligation Fund to Why in news?
include supporting universal Parliament passed the Bharatiya Vayuyan Vidheyak
services in underserved rural, Bill, 2024.
remote, and urban areas;
supporting research and About the bill
development of telecommunication ● The Bhartiya Vayuyan Vidheyak Bill 2024
services, technologies, products aims to replace the Aircraft Act, 1934 and
and pilot projects. eliminate redundancies at a time when
o The Act also provides a legal India’s civil aviation business is among the
framework for Regulatory Sandbox to fastest-growing globally.
facilitate innovation, and ● It sets up three statutory authorities:
deployment of new technology. 1. Directorate General of Civil Aviation
● Protection of users: 2. Bureau of Civil Aviation Security
o Section 28 of the act also cracks 3. Aircraft Accidents Investigation
down on spam. Getting prior Bureau
consent from subscribers to receive ● The new Bill covers the design,
advertising messages, and manufacture, and maintenance of aircraft
establishing Do Not Disturb and related equipment, ensuring
32

comprehensive regulation across the entire avenues for appeal against regulatory
lifecycle of aircraft decisions.
o It empowers the Central Government
Key Features of the bill
to appoint an officer for adjudication
● Enhanced DGCA Role: of penalties.
o The Bill makes the Directorate o A new appeals process is established,
General of Civil Aviation (DGCA) the including an additional layer of
primary regulatory authority in the appeal before final decisions,
Indian aviation sector. offering more opportunities for
o The DGCA will have increased affected parties to contest
jurisdiction over various aspects of outcomes.
civil aviation, including aircraft ● Radio Telephone Operator (Restricted)
design, manufacturing, Certificates:
maintenance, operations & o It introduces provisions for the
airworthiness. issuance of Radio Telephone
o The bill also transfers the issuance of Operator (Restricted) Certificates
important certificates from the and Licenses to individuals involved
Department of Telecommunications in operating and maintaining aircraft
(DoT) to the DGCA. radios, aligning with international
● Bureau of Civil Aviation Security: This bill telecommunication standards.
establishes a dedicated body, the Bureau of
Civil Aviation Security, to exclusively focus
Disaster Management (Amendment) Bill,
on aviation security matters. This separation 2024
of roles is intended to enhance the nation’s
security preparedness in the aviation Why in news?
domain.
The Lok Sabha passed the Disaster Management
● Aircraft Accidents Investigation Bureau:
(Amendment) Bill, 2024 through a voice vote.
This bill establishes Aircraft Accidents
Investigation Bureau, an independent More about the news
agency created to conduct thorough
investigations into aviation accidents and ● The Bill seeks to amend the Disaster
incidents, promoting transparency and Management Act, 2005.
accountability in the industry. ● The Disaster Management Act, 2005 was
● Aviation Security Framework: The bill enacted to provide for the effective
establishes a comprehensive framework for management of disasters.
aviation security, encompassing measures o The purpose of the Act was to put in
such as passenger screening, baggage place necessary institutional
inspection, and airport security protocols. mechanisms for drawing up and
● Emergency Powers: The Central monitoring the implementation of
Government is granted emergency powers to disaster management plans.
address critical aviation situations, enabling o The Act establishes: (i) National
swift and decisive action to protect public Disaster Management Authority
safety. (NDMA), (ii) State Disaster
● Appeals & Adjudication: Management Authority (SDMA), and
o The Bill provides a framework for (iii) District Disaster Management
compensating individuals affected by Authority.
government actions and establishes ● The Bill aims to bring more clarity and
convergence in the roles of various
 33

authorities and committees involved in ● Statutory Status: The Bill also provides
disaster management, addressing the need statutory status to certain pre-Act
for streamlined coordination among organisations like the National Crisis
stakeholders. Management Committee and the High-Level
● The Bill seeks to mainstream disaster Committee.
management in development plans, align ● Jurisdiction of Courts: The Bill allows only
with Finance Commission recommendations, the Supreme Court and High Courts within
and incorporate lessons from past disasters. the jurisdiction to entertain any suits in
respect of anything done in relation to its
Key amendments
functions by this Act.
● Urban Disaster Management Authority: ● Miscellaneous: The Bill seeks to provide
o The bill seeks to establish an Urban immunity to officials involved in the disaster
Disaster Management Authority for management from any legal proceedings
state capitals and cities with while discharging functions.
municipal corporations to address
urban disasters, and proposes
Oilfields (Regulation and Development)
creating a “disaster database” at Amendment Bill, 2024
national and state levels.
o The database will include disaster Why in news?
assessment, fund allocation detail,
expenditure, preparedness and The Rajya Sabha passed the Oilfields (Regulation
mitigation plan, risk register and Development) Amendment Bill, 2024 in Rajya
according to type and severity of risk Sabha.
and such other relevant matters. About the Amendment Bill
● Disaster Management Plans: The National
Disaster Management Authority (NDMA) and ● The Bill amends the Oilfields (Regulation
State Disaster Management Authorities and Development) Act, 1948. The Act
(SDMA) would be empowered to prepare regulates the exploration and extraction of
disaster management plans, a task natural gas and petroleum.
previously handled by executive committees ● The proposed amendments aim to create an
at the national and state levels. The enabling environment for investors by
authorities would also be allowed to appoint promoting ‘ease of doing business’ and to
experts and consultants. create opportunities for exploration,
● Section 60A: The Bill seeks to insert a new development, and production of next-
Section 60A to empower the Central and generation cleaner fuels.
State governments to direct any person to Key features
take any action or refrain from taking any
action for reducing the impact of a disaster ● Definition of mineral oils expanded:
and to impose a penalty not exceeding o The Act defines mineral oils to
₹10,000. include petroleum and natural gas.
● State Disaster Response Force: The Bill o The Bill expands the definition of
aims to bring more clarity and convergence mineral oils to include: (i) any
in the roles of authorities and committees naturally occurring hydrocarbon, (ii)
working in the field of disaster management coal bed methane, and (iii) shale
and provides for the constitution of “State gas/oil.
Disaster Response Force” by the State o It clarifies that mineral oils will not
government. include coal, lignite or helium.
● Introduction of petroleum lease:
34

o The Bill replaces the mining lease worship from one religious denomination to
with a petroleum lease, which also another, or even within different sects of
covers a similar set of activities. the same religion.
o The lease provides for various 1. However, the Ram Janmabhoomi
activities such as exploration, dispute in Ayodhya was explicitly
prospecting, production and disposal exempted from the Act’s purview, as
of mineral oils. the matter was already sub judice
when the law was enacted.
● Rulemaking powers of the central
● Section 4(3) excludes ancient and historical
government:
monuments, archaeological sites, and
o It empowers the Central Government
remains governed by the Ancient Monuments
to make Rules on several matters.
and Archaeological Sites and Remains Act of
o These include:
1958.
⮚ regulating the grant of leases, ● It also does not apply to disputes that were
conservation and already settled or those resolved through
development of mineral oils, mutual agreement, nor to conversions that
methods for producing oil, occurred before the Act’s enactment.
and manner of collection of ● The law was designed to protect the secular
royalties, fees, and taxes. fabric of the nation and imposes a positive
● Adjudication of penalties: obligation on the State to preserve the
o The Central Government will religious character of all places of worship as
appoint an officer of the rank of they stood on the day India attained
Joint Secretary or above for independence.
adjudication of penalties.
o Appeals against the decisions of the Income Tax bill 2025
Adjudicating Authority will lie before
the Appellate Tribunal specified in Why in news?
the Petroleum and Natural Gas Board
Regulatory Board Act, 2006. The Income-tax Bill, 2025 was introduced in Lok
Sabha.
Places of Worship (Special Provisions)
About the bill
Act, 1991
● The bill intends to simplify India’s six-
decade-old structure of direct taxation by
Why in news?
streamlining provisions, removing obsolete
references, and creating a crisper and
The Supreme Court will hear a batch of petitions
simpler legal framework.
challenging the constitutionality of the Places of
● The current Income-tax Act was enacted in
Worship Act (Special Provisions) Act 1991.
1961 and came into existence with effect
About the act from 01.04.1962. It has been amended
nearly 65 times with more than 4000
● The law preserves the character of a place amendments, year on year through Finance
of worship as it existed on August 15, 1947, Acts, based on the evolving requirements of
and prohibits courts from examining whether modifications in taxation Policy.
any place of worship has been altered since Key highlights of the bill
that date.
● The Bill is straightforward, clear, and easier
● Section 3 of the Act forbids the conversion—
to understand, with more than 57 tables
either in whole or in part—of a place of
compared to 18 in The Income-tax Act,
 35

1961. The simplification exercise was ● All redundant provisions, including those for
guided by three core principles capital gains, deductions, and dispute
1. Textual and structural simplification resolution that have seen amendments over
for improved clarity and coherence. the years have been omitted under the bill.
2. No major tax policy changes to ● The Bill differs from the existing Act in one
ensure continuity and certainty. significant way: while it specifies deductions
3. No modifications of tax rates, for rent paid, life and health insurance
preserving predictability for premiums, contribution to provident fund,
taxpayers. and home loan among others.
● A three-pronged approach was adopted:
● Tax Year: The Bill introduces the concept of
1. Eliminating intricate language to
“tax year”, which has been defined as the
enhance readability.
12-month period beginning April 1. In case of
2. Removing redundant and repetitive
a business or a newly-set-up profession, the
provisions for better navigation.
tax year will begin from the date it was set
3. Reorganizing sections logically to
up, and will end with the said financial year.
facilitate ease of reference.
● There is no major change in the direct
taxation structure, ensuring continuity and
stability. Deductions, TDS/ TCS rates, and
exemptions have been provided in tabular
form.
36

● The prior recommendation of the

President is required to introduce certain
Presidential Address to the Parliament types of bills in the Parliament.

Powers of President on State Bills

Why in news?

The President of India addressed both Houses of Why in news?

Parliament in the first session after the 2024 Lok
Sabha polls. The President has refused to clear a Punjab
government Bill seeking the removal of the
About
Governor as the Chancellor of state-run universities.
● Article 87 of the Constitution provides two
instances when the President specially About
addresses both Houses of Parliament,
● The Article 200 of the Constitution
namely;
provides provisions regarding the powers of
o The President of India addresses both
the Governor when a bill is passed by the
the Rajya Sabha and the Lok Sabha at
state legislature.
the beginning of the first Session
● The Governor shall declare either that he
after each general election when
assents to the Bill or that he withholds assent
the reconstituted lower house
therefrom or that he reserves the Bill for the
meets for the first time.
consideration of the President.
o The President also addresses both the
● When a bill other than money bill is
houses at the beginning of the first
presented before the Governor for his
session of each year.
assent, he either
● The President’s speech essentially highlights
1. Gives assent to the bill
the government’s policy priorities and
2. Withhold his assent to the bill
plans for the upcoming year. The address
3. Return the bill for reconsideration
provides a broad framework of the
of houses
government’s agenda and direction.
4. Reserve the bill for the
Other Legislative Powers of the President consideration of the President.
● It is necessary for the governor to reserve a
● The President of India summons and
bill for the consideration of the president,
prorogues the Houses of the Parliament.
where the bill passed by the State
He also calls a joint session for both the
legislature endangers the position of the
houses of the Parliament.
State High Court.
● He has the power to dissolve the Lok Sabha.
● When a bill passed by a state legislature is
● The President nominates twelve members
reserved by the governor for consideration
to Rajya Sabha from amongst persons having
of the President, the President can:
special knowledge or practical experience
1. Give his assent to the bill, or
in literature, science, art, and social
2. Withhold his assent to the bill, or
service.
3. Direct the governor to return the
● He can send messages to the Houses of
bill (if it is not a money bill) for
Parliament, whether with respect to a bill
reconsideration of the state
pending in the Parliament or otherwise.
legislature.
● He decides on questions as to
● The President of India has absolute veto
disqualifications of members of the
over the state bills reserved for his
Parliament in consultation with the
consideration by the Governor.
Election Commission of India.
 37

Removal of Vice-President o Not to hold office of profit.

● Term: The vice president holds office for
Why in news? five years. The vice president can be re-
elected any number of times. However, the
Opposition members gave notice for a motion of no- office may be terminated earlier by death,
confidence against the Rajya Sabha chairperson.
resignation, or removal. The constitution
About does not mention any specific ground on
which the vice president can be removed.
● The Vice President is the ex-officio Chairman ● Oath or affirmation: Article 69 of the
of the Council of the States. Constitution of India provides for the oath or
● The Vice President held office for a term of affirmation for the office of vice president.
five years from the date on which he enters The president administers the oath of office
upon his office” unless the Vice President and secrecy to the vice president.
resigns before that by sending a letter to the ● Election disputes: All disputes arising in
President, or is removed from office. connection with the election of the vice
● The procedure to remove the Vice-President president are petitioned to the Supreme
is outlined in Articles 67 (b), 92, and 100 of Court of India.
the Constitution. Since the Vice President
and Rajya Sabha chairperson must be the Appointment of Governors
same individual, the process for their
removal is also the same. Why in news?
● The process begins with a resolution
The President of India appointed a new Governor of
introduced in the Rajya Sabha, which
Manipur and Governor of Mizoram.
requires a majority of 50 per cent of the
members present plus one on the day of About Governor
voting. If approved, the resolution moves to
● Article 153 of the Constitution says “There
the Lok Sabha, where it must be passed by a
shall be a Governor for each State.”
simple majority to take effect.
● The Governor must be a citizen of India and
● Importantly, a 14-day notice is required
should have completed the age of 35 years.
before introducing such a resolution,
The Governor should not be a member of
ensuring due deliberation.
Parliament or a state legislature, and must
Additional Information not hold any other office of profit.
● Article 155 says that the “Governor of a
● The Vice President of India is the second-
State shall be appointed by the President by
highest constitutional official in India, after
warrant under his hand and seal”.
the President.
● Under Article 156, “the Governor shall hold
● Election: The Vice President is elected
office during the pleasure of the President”,
indirectly by an electoral college made up of
but his normal term of office will be five
members (both elected and nominated) of
years.
both Houses of Parliament, using a
● Articles 157 and 158 lay down the
proportional representation system with
qualifications of the Governor and the
single transferable votes and secret ballot
conditions of his office.
voting.
● Qualification: To be eligible for election as Powers of Governor
Vice President, a person must meet the same
● The Constitution vests in the governor all the
criteria as the President:
executive powers of the state government.
o Must be an Indian citizen.
o Must be at least 35 years old.
38

● The governor has the right to address and discretionary powers, the Governor's
send messages, summon, prorogue and judgement is final and cannot be
dissolve the State Legislature. questioned.
● He gives assent to the bills passed by the ● It is under the discretionary power of the
State Legislature, however, it is subjected to governor to reserve the bill for the
his discretionary powers. consideration of the president, when the
● The governor also has the power to reserve governor feels that provisions of the bill will
certain bills for the president. contravene the provisions of the
● The Governor has the power to grant Constitution, reduce the powers of the high
pardons, respites, reprieves or remission of court, or the bill repugnant to a Union law.
punishments or to suspend, remit or ● It must however be noted that the
commute the sentence. Constitution does not lay down any time
limit within which the Governor is required
Role of Governor to make a decision.

Why in news? Executive Powers

The Supreme Court expressed serious concern over ● The State Governor wields legislative,
inaction by the Governor on Bills presented for his financial, judicial, and executive powers
assent. but lacks diplomatic, military, or emergency
powers vested in the President of India.
More about the news ● Acting as a ceremonial head, the Governor
● The Supreme Court ruled that the Governor exercises executive powers through the
does not exercise their discretionary council of ministers.
powers while withholding assent or ● Appointments made by the Governor
returning a Bill to the State Legislature. include the Advocate General, Chief
● The Governor is required to act as per the Minister, and other state ministers based on
advice of the Council of Ministers. the Chief Minister's advice.
● The return of any Bill to the State Legislature
● The Governor holds authority to
for reconsideration is also to be done based recommend to the President the
on ministerial advice. declaration of a constitutional emergency in
● As per Article 200, when the bill is the state, serving as the President's agent
presented to the Governor for his assent, he with significant executive powers.
has four alternatives, that is:
○ He may give assent to the Bill Legislative Powers
○ He may withhold assent to the Bill, ● The Governor's legislative powers encompass
that is, reject the Bill in which case assenting to bills and dealing with the
the Bill fails to become law legislature.
○ He may return the Bill (if it is not a ● With non-money bills, the Governor may
Money Bill) for reconsideration of the consent, withhold assent, or return them to
State Legislature; the Houses for reconsideration. If passed
○ He may reserve the Bill for the again with or without amendments, the
consideration of the President. Governor must either assent or reserve the
bill for the President's consideration.
The Powers of Governors ● Money bills cannot be sent back for
reconsideration and are typically introduced
Discretionary Powers with the Governor's prior approval. If
● The Constitution stipulates that if any requiring the President's consent, the
matter falls within the Governor's President's decision on assent is final.
 39

Judicial Powers the sentence of any person convicted of any

offence where the sentence is a sentence of
In appointing justices to the State High Court, the death”.
President consults with the Governor. The Governor ● Similarly, Article 161 confers pardoning
possesses pardoning powers for offenses within the powers on the governor, but these do not
state's jurisdiction, including: extend to death sentences.
● In its 1981 ruling in Maru Ram vs. Union of
● Pardon: Full absolution of the offender. India, the SC held that while deciding mercy
● Stay on execution of sentence: Temporary petitions under Article 72, the President
suspension of the sentence. must act on the advice of the council of
● Respite: Granting a lower punishment in ministers.
exceptional cases. ● Under the existing law, the President is
● Remission: Reducing the length of the bound by the Cabinet’s advice and can only
sentence without altering the offender's return the plea for reconsideration once
character. under Article 74 (1). After this, if the Council
● Commutation: Replacing one form of of Ministers decides against the changes
punishment with another. suggested by the President, she has no
option but to accept them.
Mercy Petition
Cabinet Committees
Why in news?

The President rejected the mercy plea of a lashkar Why in news?

terrorist convicted for the 2000 Red Fort attack.
The Union government constituted eight Cabinet
Pardoning Powers of the President committees.

1. Pardon: It removes both the sentence About Cabinet Committees

and the conviction and completely
● Cabinet committees are extra-
absolves the convict from all sentences,
constitutional in nature. They are not
punishments, and disqualifications.
mentioned in the Constitution. However,
2. Commutation: It denotes the
these are established under the Rules of
substitution of one form of punishment
Business.
for a lighter form.
● Cabinet committees are set up by the Prime
3. Remission: It implies reducing the
Minister according to the exigencies of the
period of a sentence without changing its
time and requirements of the situation
character.
● The committees resolve issues and
4. Respite: It denotes awarding a lesser
formulate proposals for the consideration of
sentence in place of one originally
the Cabinet and take decisions on matters
awarded due to some special fact.
assigned to them. The Cabinet is empowered
5. Reprieve: It implies a stay of the
to review such decisions.
execution of a sentence for a temporary
● Cabinet Committees are basically sub-
period.
committees within the Union Cabinet to look
About Mercy Petition at specific remits and deliberate on various
issues including security, economy, and
● Under Article 72 of the Constitution, “the even deciding on dates for Parliament
President shall have the power to grant sessions.
pardons, reprieves, respites or remissions of
punishment or to suspend, remit or commute
40

● The membership of each committee varies ● The Cabinet Secretary is the senior most
from three to eight. Usually, only Cabinet cadre post of the Indian Administrative
ministers are members of these committees. Service, ranking eleventh on the Indian
If the Prime Minister himself is a member of order of precedence.
any such committee, he automatically ● The Cabinet Secretary provides assistance to
becomes the head of that committee. the Cabinet and its Committees, and also
● The eight Cabinet Committees are assists in decision-making in Government by
1. Cabinet Committee on Economic ensuring Inter-Ministerial coordination,
Affairs ironing out differences amongst Ministries/
2. Appointments Committee of the Departments and evolving consensus through
Cabinet the instrumentality of the standing/ ad hoc
3. Cabinet Committee on Security Committees of Secretaries.
4. Cabinet Committee on ● He ensures that the President, the Vice
Accommodation President and Ministers are kept informed
5. Cabinet Committee on Parliamentary of the major activities of all
Affairs ( It is headed by Defence Ministries/Departments by means of a
Minister) monthly summary of their activities.
6. Cabinet Committee on Political
Affairs Appointments Committee of the Cabinet
7. Cabinet Committee on Investment
and Growth Why in news?
8. Cabinet Committee on Skill,
The Appointments Committee of the Cabinet (ACC)
Employment and Livelihood
has approved a proposal to appoint two directors
● Prime Minister heads six committees but is
general in the Railway Board.
not part of two — Cabinet Committee on
Accommodation and Cabinet Committee About
on Parliamentary Affairs.
● The Appointments Committee of the Cabinet
(ACC) is a high-level committee of the
Cabinet Secretary
Government of India.
● The committee plays a crucial role in
Why in news? selecting and appointing individuals to
various top posts, including the Principal
The Appointments Committee of the Union Cabinet
Secretary to thePM, National Security
appointed a senior bureaucrat as the Cabinet
Advisor, Cabinet Secretary, Chief of Defence
Secretary of India.
Staff, Secretaries to Government of India,
About and heads of intelligence agencies.

● The Cabinet Secretary is the top-most About Cabinet Committees

executive official and senior-most civil
● Cabinet committees are extra-constitutional
servant of the Government of India.
in nature. They are not mentioned in the
● The Cabinet Secretary is the ex-officio head
Constitution. However, these are
of the Civil Services Board, the Cabinet
established under the Rules of Business.
Secretariat, the Indian Administrative
● Cabinet committees are set up by the Prime
Service (IAS), and all Civil Services of India
Minister according to the exigencies of the
work under the rules of business of the
time and requirements of the situation
government.
● The committees resolve issues and
formulate proposals for the consideration of
 41

the Cabinet and take decisions on matters before it can investigate a crime in a
assigned to them. The Cabinet is empowered particular state.
to review such decisions. ● Consent given by a state government to the
● Cabinet Committees are basically sub- CBI can come in two forms, either case-
committees within the Union Cabinet to look specific, or 'general'.
at specific remits and deliberate on various 1. General consent, as the name
issues including security, economy, and even indicates, allows the CBI to operate
deciding on dates for Parliament sessions. seamlessly within states. Meghalaya.
● The membership of each committee varies Traditionally, almost all states have
from three to eight. Usually, only Cabinet given CBI general consent. However,
ministers are members of these committees. since 2015, several states have begun
If the Prime Minister himself is a member of to act differently.
any such committee, he automatically 2. In contrast, if the CBI does not have
becomes the head of that committee. the general consent of a state
● The eight Cabinet Committees are government, it is required to apply
1. Cabinet Committee on Economic for consent on a case-by-case basis
Affairs and cannot act before the consent is
2. Appointments Committee of the given.
Cabinet ● The CBI’s position is in this respect different
3. Cabinet Committee on Security from that of the National Investigation
4. Cabinet Committee on Agency (NIA), which is governed by The NIA
Accommodation Act, 2008, and has countrywide jurisdiction.
5. Cabinet Committee on Parliamentary ● Withdrawal of general consent also means
Affairs ( It is headed by Defence that the CBI will not be able to register any
Minister) fresh case involving central government
6. Cabinet Committee on Political officials or private persons in a particular
Affairs state without prior permission of that state
7. Cabinet Committee on Investment government.
and Growth
8. Cabinet Committee on Skill,
Employment and Livelihood
● Prime Minister heads six committees but is
not part of two — Cabinet Committee on
Accommodation and Cabinet Committee on
Parliamentary Affairs.

General Consent to CBI

Why in news?

The Karnataka government withdrew its general

consent to the Central Bureau of Investigation (CBI).

About General Consent to CBI

● The CBI is governed by the Delhi Special

Police Establishment (DSPE) Act of 1946,
which requires the investigative agency to
obtain the consent of state governments
42

Collegium is led by the Chief Justice of that

court and two other senior-most judges.
Collegium System
Chief Justice of India
Why in news?
Why in news?
Supreme Court directed Himachal Pradesh High
The President administered the oath of office to the
Court collegium to reconsider names for judgeship
next Chief Justice of India.
after affected individuals file petitions.
Appointment of the CJI:
What is the Collegium System?
● The CJI and the Judges of the Supreme Court
● The Collegium system is a process for
(SC) are appointed by the President under
appointing and transferring judges to
clause (2) of Article 124 of the Constitution.
India's Supreme Court and High Courts.
● The Collegium system is not rooted in the What are the Qualifications?
Constitution, and there's no law or
● A judge of the Supreme Court must:
constitutional provision that defines it. It
1. Be a Citizen of India
has evolved over time through judgments
2. Have been a Judge of a High Court for at
of the Supreme Court, known as the First,
least five years; or
Second and Third Judge’s cases.
3. Have been an advocate of a High Court
o First Judges Case: SP Gupta vs.
for at least 10 years; or
Union of India (1982) also popularly
4. Be, in the opinion of the President, a
known as First Judges Case, the apex
distinguished Jurist
court held that 'consultation' in
● No minimum age is prescribed to become the
Article 124 and 217 does not mean
judge of the Supreme Court
'concurrence' and ruled that the
concept of primacy of the Chief What is the removal process?
Justice of India is not found in the
Constitution of India. ● A judge may be removed from office
o Second Judges Case 1993: In this through a motion adopted by Parliament on
case, the Supreme Court case that grounds of 'proved misbehaviour or
established the Collegium system for incapacity'.
appointing and transferring judges in ● The motion shall be supported by a majority
India. The court ruled, of the total membership of that House and
"consultation" means "concurrence" by a majority of not less than two-thirds of
and is an institutional opinion, not the members of that House present and
the individual opinion of the Chief voting.
Justice of India (CJI). What are the powers of CJI?
o Third Judges Case 1998: The Third
Judges Case strengthened the ● As part of their function as 'Master of the
Collegium System and gave the Roster', the Chief Justice allocates cases to
judiciary the final say on judicial different benches of the Court and picks
appointments. It expanded the judges to form Constitution Benches, which
collegium system. decide substantial questions of law.
● The Collegium is led by the Chief Justice of ● The Chief also enjoys the power to list cases.
India (CJI) and four other senior-most He also plays the role of the administrative
Supreme Court judges. A High Court head of the Court.
 43

Impeachment of the Judges of the High Plenary Powers of Supreme Court

Court Why in news?

Why in news? A three-judge Bench headed by Chief Justice of

India invoked its plenary powers under Article 142
Opposition MPs in the Rajya Sabha gave a notice for
of the Constitution to order the liquidation of Jet
removing a judge of the Allahabad High Court.
Airways.
More about the news
About Article 142
● The process of impeachment of a judge of
● Article 142 empowers the Supreme Court to
the Supreme Court is laid down in Article
pass any decree or order necessary for doing
124(4) of the Constitution of India. Article
complete justice in any case or matter
218 says the same provisions shall apply in
pending before it. These decrees or orders
relation to a judge of the High Court as well.
are enforceable across India's territory,
● Under Article 124(4), a judge can be
making them significant tools for judicial
removed by Parliament through a laid-down
intervention.
procedure on only two grounds: “proved
● The Supreme Court has the discretion to
misbehaviour” and “incapacity”.
determine the contours of its inherent power
Procedure for the impeachment and what it means to achieve complete
justice.
● The procedure to be followed for
impeachment of a judge is laid down in the Parameters for exercising powers under Article
Judges Inquiry Act, 1968. 142
● The motion of impeachment has to be moved
● The powers under Article 142 can be
by not less than 100 members in the Lower
exercised by the court to do complete
House, and at least 50 members in the Upper
justice for the parties before it, but in doing
House.
so the court shall not nullify valid judicial
● The Vice President of India (Chairman of
orders passed in favour of other litigants in
Rajya Sabha) can accept or reject the
other jurisdictions.
Opposition’s impeachment notice.
● The powers of the court under Article 142
● If accepted, a three-member committee —
should not override substantive law. The
two judges and a jurist — will be constituted
court must respect litigants' substantive
to probe the complaint and determine if it is
rights within its jurisdiction, preserving legal
a case fit for initiating impeachment.
integrity.
o This committee will include one
● The powers of the court under Article 142
judge from the Supreme Court and
must not undermine principles of natural
the Chief Justice of a High Court
justice. Litigants have a right to be heard
since the complaint is against a High
before adverse orders are passed, including
Court judge.
vacating of stay orders, thus ensuring
● According to Article 124 (4), the motion for
fairness.
impeachment “has to be supported by a
majority of the total membership of that Ad Hoc Judge
House and by a majority of not less than two-
third of the members of the House present Why in news?
and voting” — in both the Lok Sabha and the
Rajya Sabha. The Supreme Court suggested temporarily
appointing retired judges on an ad hoc basis to
44

address the growing backlog of pending criminal Special Leave Petition

cases before several High Courts.
Why in news
About Ad Hoc Judge
The Supreme Court ordered a CBI probe after
● Article 224A of the Indian Constitution
‘appellant’ claims he never filed a Special Leave
allows the Chief Justice of a High Court to
Petition.
request retired HC judges to perform the
duties of a judge again, with the permission About Special Leave Petition
of the President of India. Though it has
rarely been invoked, there is a detailed ● Article 136 deals with the special leave to
procedure for such appointments, with the appeal by the Supreme court. The Rules
SC previously having weighed in on the Governing SLP are contained in order XVI of
practice. the Supreme Court Rules 1966.
● Such appointees are entitled to allowances ● The Supreme Court is authorised to grant in
as determined by the President’s order and its discretion special leave to appeal from
have all the jurisdiction, powers and any judgement in any matter passed by any
privileges of a Judge of that High Court. court or tribunal in the country (except
● However, they cannot be “deemed” as such. military tribunal and court martial).
Further, both the retired judge and the ● It is exercised only in cases when any
President of India are required to consent to substantial question of law is evolved, or
the appointment. gross injustice has been made.
● The detailed procedure can be found in the ● It can be filed against any judgment of the
1998 Memorandum of Procedure (MOP) for High Court within 90 days from the date of
the appointment of High Court judges, judgment or within 60 days against the order
prepared following the creation of the of the High Court refusing to grant the
collegium system for appointing judges. certificate of fitness for appeal to the
1. The MOP states that after the retired Supreme Court.
judge has consented to the ● It is a discretionary power and hence, cannot
appointment, the Chief Justice must be claimed as a matter of right.
forward her name and details on the ● It can be granted in any judgement whether
duration of the appointment to the final or interlocutory. It may be related to
state’s Chief Minister. any matter–constitutional, civil, criminal,
2. The CM will pass this income-tax, labour, revenue, advocates,
recommendation to the Union Law etc.
Minister, who will consult the Chief ● It vests the Supreme Court with a plenary
Justice of India before forwarding jurisdiction to hear appeals.
the recommendation and the CJI’s
advice to the Prime Minister of India. Report on State of Infrastructure in
The PM will advise the President on
whether to give her approval. District Courts
● In the case of Lok Prahari Through Its
Why in news?
General Secretary S.N. Shukla IAS (Retd.) v.
Union of India (2021), the Supreme Court The Union Ministry of Law and Justice published a
held that this recommendation “has to be report on the state of infrastructure in district
routed through the collegium of the Supreme courts across the country.
Court”.
Key Highlights
 45

● The district court has appellate jurisdiction

over all subordinate courts situated in the
district in both civil and criminal matters.
● The highest court in each district is that of
the District and Sessions Judge. This is the
principal court of civil jurisdiction. This is
also a court of Sessions in criminal
jurisdiction.
● The District Judges are appointed by the
Governor in consultation with the High
Courts.
Qualifications of district judge:
o He should not already be in the
service of the Central or the state
government.
o He should have been an advocate or
● The report has revealed significant a pleader for seven years.
deficiencies that are hindering the o He should be recommended by the
efficient delivery of justice. high court for appointment.
● One of the primary findings of the study is ● The respective High Court exercises
the severe overcrowding in courtrooms, control over district courts and other
which are heavily burdened with case files subordinate courts including posting,
and archived documents, leading to a lack of promotion and leave of persons belonging to
space for people inside. the judicial service of a state.
● The report also found widespread
dissatisfaction among advocates about the Contempt of Court
accessibility and spatial arrangements of
courtrooms, with many bar rooms situated Why in news?
far from courtrooms and passages
overcrowded with litigants. The Jharkhand government has filed a contempt
● Regarding the availability of video petition against the Centre alleging delay in clearing
conferencing facilities in jail, around 32.7% the recommendation of SC Collegium for appointing
of judicial officers responded that they do a new Chief Justice to its High Court.
not have any such facility available in their
district court complex. About Contempt of Court
● The report noted that only 45% of judicial
● Contempt of Court refers to a legal violation
officers surveyed reported having electronic
by a person who disrespects/disobeys the
display facilities, while 20% indicated that
Judge or tries to interrupt the flow of
installations are still in progress.
court. A contempt is to protect the
About District Judiciary institution and to prevent interference in
the course of justice.
● The Part 6 of the Indian Constitution deals ● The source of power of the Supreme Court
with the provisions related to District of India, to punish for its contempt flows
Judiciary. (Article 233-237) from Articles 129 and 142(2) of the
● The district judiciary is composed of district Constitution of India.
courts and other lower courts, which are ● The Supreme Court of India can take up
presided over by district judges and other cases of contempt of court suo motu. This
judicial officers.
46

power is granted by the Contempt of Courts and legal processes to benefit the
Act, 1971, and the Supreme Court Rules, poor.
2013. C. Judicial Administration:
● According to the Contempt of Court Act, 1. Eliminate delays, clear
1971, Contempt of court in India is defined arrears, and reduce costs for
as either civil contempt or criminal efficient case disposal while
contempt, ensuring fairness.
1. Civil contempt: This is when 2. Simplify court processes and
someone intentionally disobeys a harmonize High Court rules.
court order, judgment, decree, 3. Reduce technicalities and
writ, or other process. It can also be delay devices in procedures.
when someone intentionally breaks 4. Implement case management
an undertaking given to the court. and case flow management
2. Criminal contempt: This is when frameworks.
someone does or says something D. Directive Principles and
that, scandalizes or lowers the Constitutional Objectives:
authority of the court, interferes 1. Review laws in light of the
with the due course of judicial Directive Principles of State
proceedings and interferes with the Policy. Suggest
administration of justice. improvements, reforms, and
● Defence to charges of contempt of court: new legislation to
Innocent publication, Fair and accurate implement these principles
reporting, Fair criticism, Truth as a defense. and achieve constitutional
objectives.
Law Commission E. Gender Equality: Review existing
laws to promote gender equality and
Why in news? suggest amendments.
F. Revision of Central Acts: Revise
The President of India has approved the constitution significant Central Acts to simplify
of the 23rd Law Commission of India. them and address anomalies,
ambiguities, and inequities.
More about the news G. Government References: Consider
and convey views on law and judicial
● The commission will include a full-time administration topics specifically
chairperson, four members, and additional referred by the Government.
ex-officio and part-time members.
H. International Research Assistance:
● The commission’s mandate is to review and
Provide research assistance or
recommend legal reforms to enhance the guidance to foreign countries as
Indian legal system. The term of the
referred by the Government.
Commission will be for a period of three I. Globalization Impact:
years till 31st August 2027. 1. Examine the impact of
● The terms of reference for the 23rd globalization on food security
Commission of India are as follows: and unemployment.
A. Review/ repeal of Obsolete Laws 2. Recommend measures to
B. Law & Property: Examine laws protect marginalized
affecting the poor and conduct post- interests
enactment audits of socio-
economic legislation. Utilize law About Law Commission
 47

● The Law Commission is a non-statutory ● The State Governments are responsible for
commission (not created by a law of establishing Gram Nyayalayas in consultation
Parliament) formed by the Union Ministry with the respective High Courts.
of Law and Justice. ● Gram Nyayalayas are deemed to be a Court
● It aims to help the government review of Judicial Magistrate of First Class with both
functioning of laws, suggest repealing of civil and criminal jurisdiction to settle petty
obsolete legislation, and make disputes at the village level.
recommendations on matters referred to ● The seat of the Gram Nyayalayas is located
by the government. at the headquarters of the intermediate
● The commission is usually chaired by a Panchayat.
retired judge of the Supreme Court or a ● The Nyayadhikari is appointed by the state
High Court, and has legal scholars as governments in consultation with its High
members. Serving judges can also be Court.
appointed to the commission, according to ● The Nyayadhikari shall periodically visit
the notification on the appointment of the villages and may hear the parties and dispose
new panel. of the cases at the place other than its
● The first Law Commission of British India headquarters;
was established in 1834 by the Charter Act ● The Gram Nyayalayas have the power to try
of 1833 under Lord T.B. Macaulay as the criminal cases, civil suits, claims or disputes.
chairman. It was responsible for the ● They are to follow summary procedure in a
codification of the Criminal Procedure Code criminal trial.
and the penal code. ● The disputes are to be settled as far as
● The first Law Commission of independent possible by bringing about conciliation
India was established in 1955, headed by between the parties and for this purpose,
M.C. Setalvad. the Gram Nyayalayas will make use of the
conciliators to be appointed for this purpose.
Gram Nyayalayas ● The Gram Nyayalaya shall not be bound by
the rules of evidence provided in the Indian
Why in news? Evidence Act, 1872 but shall be guided by
the principles of natural justice subject to
The Supreme Court raised critical questions any rule made by the High Court.
regarding the feasibility of setting up gram ● There have been 476 Gram Nyayalayas
Nyayalayas (village courts), as mandated by the notified so far by 15 States and UTs, Out of
Gram Nyayalayas Act of 2008. these, 257 are operational in 10 States at
present.
About Gram Nyayalayas
Lok Adalat
● The Gram Nyayalayas Act, 2008, provides for
establishment of Gram Nyayalayas at Why in news?
intermediate panchayat level.
● The Gram Nyayalayas Act extends to the Last year, a significant number of cases have been
whole parts of India, except to the States of settled at the 3rd National Lok Adalat organized by
Sikkim, Arunachal Pradesh, Nagaland, and to National Legal Services Authority.
the tribal areas specified in the 6th About Lok Adalat
Schedule.
● Gram Nyayalayas are aimed at providing ● Lok Adalat is one of the alternative dispute
inexpensive justice to people in rural areas redressal mechanisms, it is a forum where
at their doorsteps. disputes/cases pending in the court of law or
48

at pre-litigation stage are settled/ regulatory board to oversee and manage over-the-
compromised amicably. top (OTT) and streaming platforms in India.
● Lok Adalats have been given statutory
What is PIL?
status under the Legal Services Authorities
Act, 1987. ● The concept of PIL originated in the United
● The first Lok Adalat camp was organized in States in the 1960s. In India, it is a judicial
Gujarat in 1982 as a voluntary and innovation unique to the Supreme Court of
conciliatory agency without any statutory India.
backing for its decisions. ● PILs are filed to protect the rights of a
● Every Lok Adalat organized for an area shall community or the public, rather than the
consist of such number of serving or interests of an individual. They can be used
retired judicial officers and other persons to address issues that affect the legal rights
of the area as may be specified by the of a group of people, such as those who are
agency organizing. poor, ignorant, or disadvantaged.
o Generally, a Lok Adalat consists of a ● PILs are unique because they can be brought
judicial officer as the chairman and a by third parties, such as NGOs, on behalf of
lawyer (advocate) and a social the public or a large group of affected
worker as members. people.
● Nature of cases to be referred to Lok
Adalat: Genesis of PIL in India
o Any case pending before any court ● Justice Krishna Iyer first planted the seeds of
o Any dispute which has not been the idea of public interest litigation in India
brought before any court and is likely in the 1976 case of Mumbai Kamagar Sabha
to be filed before the court, provided vs. Abdulbhai Faizullabhai 1976. In this
that any matter relating to an landmark case, the supreme court relaxed
offence not compoundable under the the principle of Locus Standi.
law shall not be settled in Lok Adalat. ● The first reported case of PIL, in 1979,
● Under the Lok Adalats Act, the award focused on the inhuman conditions of prisons
(decision) made by the Lok Adalats is and under trial prisoners.
deemed to be a decree of a civil court and ● In the case of S.P. Gupta vs. Union of India,
is final and binding on all parties and no the court held that any member of the public
appeal against such an award lies before any or social action group acting bonafide can
court of law. invoke the Writ Jurisdiction of the High
o If the parties are not satisfied with Courts or the Supreme Court seeking
the award of the Lok Adalat though redressal against violation of legal or
there is no provision for an appeal constitutional right.
against such an award, they are free Some examples of PILs include:
to initiate litigation by approaching 1. Taj Mahal pollution: A lawyer filed a PIL to
the court of appropriate jurisdiction direct authorities to take steps to stop
by filing a case by following the polluting the Taj Mahal.
required procedure, in exercise of 2. Ganga water pollution: A petitioner filed a
their right to litigate. PIL to prevent further pollution of the Ganga
River, even though they were not a riparian
Public Interest Litigation
owner.
3. Oleum Gas Leak Case: This PIL established
Why in news?
the concept of “absolute liability” in Indian
The Supreme Court dismissed a public interest law.
litigation (PIL) calling for the establishment of a
 49

Concerns with PILs 3. Undertrials are not given the fair

opportunity to represent themselves in
● PILs can be misused for personal gain or to
court, which can lead to a lack of faith in
gain publicity, which defeats the purpose of
the legal system.
PILs.
4. Undertrials' rights to liberty and a fair
● PILs can overburden courts with frivolous
trial may be violated by prolonged
cases, which can lead to delays in disposing
detention.
of cases.
● PILs can lead to judicial overreach and can Free Legal Aid
raise competing rights issues.
Why in news?
Undertrial in India
The Supreme Court issued comprehensive directives
Why in news? to bolster free legal aid services for prisoners.

The Ministry of Home Affairs (MHA) has issued an More about the news
advisory to all states and UTs, to implement Section
● The comprehensive directives underscore
479 of the Bharatiya Nagarik Suraksha Sanhita,
the critical importance of providing equal
2023, which aims to provide significant relief to
access to justice for those incarcerated,
undertrial prisoners.
with the clear message that “legal aid to the
Undertrial in India poor should not be poor legal aid”.
● In a move to reinforce access to justice for
● An undertrial is a person who is accused of a
the incarcerated, the bench urged all high
crime but is not yet convicted and is
courts to issue directions, ensuring that
currently in judicial custody while awaiting
prisoners are explicitly informed about their
trial.
right to legal aid at the time of conviction or
● As per National Crime Records Bureau
denial of bail.
(NCRB), in 2022 there
● The judgment stressed that ensuring
were 4,34,302 undertrials across jails in
prisoners are fully aware of their rights, such
India, comprising 76% of the total jail
as the right to file appeals, is essential to
population of 5,73,220.
upholding the principles enshrined in the
● Causes:
Constitution.
1. With only 20 judges per million people,
What is Free Legal Aid?
India has a low judge-to-population ratio
compared to the global average. ● Free legal aid is a government program that
2. The Indian judiciary is overburdened provides legal services to people who cannot
with a large backlog of cases. afford them. It's available in civil and
3. Many undertrials are poor, illiterate, and criminal matters, and can be used in any
belong to marginalized communities. court, tribunal, or authority.
4. Many poor people are detained in prisons ● Article 39A imposes an obligation on the
for alleged involvement in bailable State to provide free legal aid to ensure
offenses because they are unable to access to justice for all citizens.
furnish surety. ● The National Legal Services Authority
● Concerns: (NALSA) is the central authority, constituted
1. Undertrials are not allowed to vote in under the Legal Services Authorities Act,
elections due to Section 62(5) of the 1987.
Representation of the People Act. o It aims to provide free and
2. A delay in trial can be considered a competent legal services to the
denial of justice. weaker sections of the society to
50

ensure that opportunities for Interim Bail

securing justice are not denied to any
citizen by reason of economic or Why in news?
other disabilities.
The Supreme Court granted interim bail to PMLA
Who is eligible to receive free legal aid? accused as the chargesheet dropped scheduled
offences.
● Member of a Scheduled Caste or Scheduled
Tribe, woman or child, person with About the Bail
disability, industrial worker, victim of
trafficking in human beings or beggar. ● An interim bail is a short-term temporary
● Victims of mass disaster, ethnic violence, relief to individuals entangled in legal
caste atrocity, flood, drought, earthquake, proceedings before the hearing for the grant
or industrial disaster, person in custody, of regular or anticipatory bail.
person in protective home, person in ● It can be granted to address urgent matters
juvenile home, person in psychiatric hospital such as medical emergencies, family crises,
or nursing home. or other significant personal issues. After the
● Whose annual income is below the amount expiration of the bail term, the accused will
prescribed by the state government for cases be taken into custody without a warrant.
before any court other than the Supreme ● Bail is of different types including Regular
Court. For cases before the Supreme Court, Bail, Anticipatory Bail, Interim Bail, and
Default Bail.
the annual income limit is below Rs. 5 lakhs.
o Regular Bail: Regular Bail allows the
Curative Petition accused person to be released from
custody on the execution of a bond,
Why in news? with or without sureties.
o Anticipatory Bail: Section 438 of the
The Supreme Court has exercised its “extraordinary CrPC deals with directions for the
powers” in a curative writ petition. grant of bail to a person
apprehending arrest which means a
About Curative Petition person can apply for bail if he/she
has a reason to believe that he/she
● A curative writ petition is a layer of appeal may be arrested on an accusation of
against a Supreme Court decision. committing a non-bailable offence.
● It is not prescribed in the Constitution. It is o Default Bail: Default bail is a right to
a judicial innovation, designed for correcting bail that accrues to an accused
“grave injustices” in a ruling of the country’s person when the police fail to
top court. Curative writs are filed mostly in complete investigation within a
death penalty cases. specified period. It is also known as
● A curative petition can be filed in the statutory bail.
Supreme Court by the accused person after
their review petition gets rejected. Furlough
● The petition must be accompanied by a
certification from a senior advocate, Why in news?
highlighting substantial grounds for its
consideration. The supreme court said Double-murder convicts are
● The SC first articulated the concept of a not entitled to furlough extension.
curative writ in Rupa Ashok Hurra vs Ashok
Hurra (2002). About Furlough
 51

● Furlough is a temporary release from prison promotes justice, on a basis of equal

for a specific purpose, such as attending a opportunity, and shall, in particular, provide
family funeral or visiting a sick family free legal aid, by suitable legislation or
member. schemes or in any other way, to ensure that
● It is available to the prisoners under Section opportunities for securing justice are not
- 432 of Criminal Procedure Code 1973. denied to any citizen by reason of economic
● It is basically a tool of social rehabilitation or other disabilities.”
granted to the prisoners. It is a 'reward' and ● Articles 14 (right to equality) and 22(1)
it is remission of the sentence. (rights to be informed of grounds for
● It can be given for a period of 14 days in a arrest): makes it obligatory for the State to
year but extension may be granted citing ensure equality before the law and a legal
certain reasons after an application is system that promotes justice based on equal
submitted to the prison superintendent. opportunity.
● But it is sometimes disallowed for certain
categories of prisoners which include rape Legal Services Authorities Act, 1987
convicts, dacoity or NDPS (Narcotic Drug and ● It was enacted to give a statutory basis to
Psychotropics Substances). legal aid programmes.
● The period of furlough is treated as a period ● It aims to provide free and competent legal
spent in the prison. services to eligible groups, including women,
children, SC/ST and EWS categories,
Supreme Court Legal Services Committee industrial workers, disabled persons, and
others.
Why in News? ● Under the Act, NALSA was constituted in
The CJI nominated the Chairperson of the Supreme 1995 to monitor and evaluate the
Court Legal Services Committee. implementation of legal aid programmes and
to lay down policies for making legal services
What is the Supreme Court Legal Services available.
Committee (SCLSC)? ● State Legal Services Authorities (SLSA)
● The SCLSC was constituted under Section 3A were established to implement NALSA’s
of the Legal Services Authorities Act, 1987. policies and directions, give free legal
It states that the National Legal Services services to people, and conduct Lok Adalats.
Authority (NALSA) shall constitute the ● District Legal Services Authorities (DLSAs)
committee. and Taluk Legal Services Committees were
● SCLSC provides free and competent legal established in districts and most taluks.
services to the weaker sections of society Situated in the District Courts Complex in
for cases in the Supreme Court. every district, each DLSA is chaired by the
● Composition: District Judge of the respective district.
○ It consists of a sitting SC judge, who ● The Taluka or Sub-Divisional Legal Services
is the chairman, along with other Committees are headed by a senior civil
members possessing the prescribed judge.
experience and qualifications. ● Collectively, these bodies organise legal
○ Chairman, other members and awareness camps, provide free legal
secretary are nominated by the CJI. services, and supply and obtain certified
order copies and other legal documents,
Provisions for providing legal services in the among other functions.
Indian Constitution:
● Article 39A: It states, “The State shall
secure that the operation of the legal system
52

Education: A State List vs. Concurrent

List
Special Category Status for states
Why in news?
Why in news?
Against the backdrop of the NEET exam leak, there
Some state governments have renewed the demands
has been ongoing debate about transferring
for special category status.
education back to the state list.
What is Special Category Status?
Historical background
● Special Category Status is a classification
● The Government of India Act, 1935 during
granted to some States by the Centre to
the British rule created a federal structure
assist development, based on geographical
for the first time in our polity.
and socio-economic disadvantages. The
● The legislative subjects were distributed
scheme was introduced in 1969 on the
between the federal legislature (present day
recommendation of the Fifth Finance
Union) and provinces (present day States).
Commission.
o Education, which is an important
● Five factors that are considered before
public good, was kept under the
granting SCS to a State:
provincial list.
o Hilly and difficult terrain
● After independence, this continued and
o Low population density and/or
education was part of the ‘State list’ under
sizeable share of tribal population
the distribution of powers.
o Strategic location along international
borders Current Status
o Economic and infrastructural
backwardness International Practices
o Non-viable nature of State finances ● In the US, State and local governments set
● In 1969, three States — Jammu & Kashmir, the overall educational standards,
Assam and Nagaland — were granted the SCS. mandate standardised tests and supervise
Subsequently, eight more States - Arunachal colleges and universities.
Pradesh, Manipur, Meghalaya, Mizoram, o The federal education department’s
Sikkim, Tripura, Himachal Pradesh, and functions primarily include policies for
Uttarakhand were given the SCS. financial aid, focussing on key educational
● Benefits: issues and ensuring equal access.
o SCS States receive Centre-State ● In Canada, education is completely
funding from centrally sponsored managed by the provinces.
schemes in the ratio of 90:10, which ● In Germany, the constitution vests
is more favourable than general legislative powers for education with
category States. landers (equivalent to States).
o Unspent money in a financial year ● In South Africa, on the other hand,
does not lapse and is carried forward. education is governed by two national
o Significant concessions are provided departments for school and higher
to these states in excise and customs education.
duties, income tax and corporate o The provinces of the country have their
tax. own education departments for
implementing policies of the national
departments and dealing with local issues.
 53

● In 1976, the 42nd constitutional requires a change in the 8th

amendment (1976) shifted ‘education’ schedule.
from the State list to the concurrent list. ● The State Legislature may present its views
● The Janata Party government that came to on the bill within the prescribed time period.
power after Emergency passed the 44th The views or suggestions of the State
constitutional amendment (1978) to Legislature are not binding on the
reverse many of the controversial changes President.
made through the 42nd amendment. ● After receiving the suggestions of the State
● One of these amendments that was passed in Legislative Assembly or after the expiration
the Lok Sabha but not in the Rajya Sabha was of the limited time period the bill making
to bring back ‘education’ to the State list. the required changes can be introduced in
● The arguments in favour of ‘education’ in either house of the Parliament.
the concurrent list include a uniform ● The bill like any ordinary bill must be passed
education policy, improvement in standards with a simple majority of 50%+1 vote.
and synergy between Centre and States. ● Subsequently passed by the parliament, the
o However, considering the vast bill is referred to the president for his
diversity of the country, a ‘one size assent.
fits all’ approach is neither feasible ● Later receiving Presidential assent, changes
nor desirable. in name of state are made in First and
● The arguments against restoring Fourth Schedule of Constitution.
‘education’ to the State list include
corruption coupled with lack of Inter-State River Water Disputes
professionalism.
o The recent issues surrounding the Why in News?
NEET and NTA have however
displayed that centralisation does The Supreme Court has directed that a new
not necessarily mean that these Negotiation Committee be constituted to solve the
issues would vanish. river water dispute between TamilNadu and
Karnataka over sharing of Pennaiyar river water.
Renaming of States
Constitutional Provisions on adjudicating river
Why in news? water disputes

Kerala Assembly unanimously passed a resolution ● Article 262 of the Constitution provides for
proposing a constitutional amendment to change adjudication of inter-state water disputes. It
the state's name to “Keralam”. makes two provisions:
○ Parliament may by law provide for
About Renaming of States
the adjudication of any dispute with
● The renaming of a State requires respect to the use, distribution and
Parliamentary approval under Article 3 control of waters of the inter-state
and 4 of the Constitution, and the river.
President has to refer the same to the ○ Parliament may also provide that
relevant state legislature for its views neither the Supreme Court nor any
within the prescribed time period. other court is to exercise jurisdiction
o However, the change in name of in respect of any such disputes.
official language would require a ● Water is included in the State List under 7th
constitutional amendment since it Schedule. Regulation and development of
Inter-state rivers is in the Union List.
54

● Under Article 262, Parliament has enacted Financial Devolution to States

the Inter-State River Water Disputes Act
(1956) & River Boards Act (1956). Why in news?

Reasons For Inter State River Water Disputes The Central Government authorised the release of
tax devolution of Rs 1.39 trillion to states.
● The changing borders of states complicate
Financial Devolution at Glance
the existing jurisdictional and resource-
sharing agreements and eventually become ● About: Financial devolution denotes the
sources of interstate political contestation. transfer of monetary resources and decision-
● Political competition between state making powers from the central government
governments can complicate resolution of to the state governments.
water disputes as they often prioritise short- ● Article 270: It provides for the scheme of
term political gains over long-term solutions. distribution of net tax proceeds collected by
● IThe Article 262 and Article 136 creates an the Union government between the Centre
institutional ambiguity regarding which body and the States. The central taxes devolved
is the ultimate adjudicatory power on ISWDs to states are untied funds, and states can
in India. spend them according to their discretion.
● The country has 18 % of the world's o Taxes Shared: The taxes that are
population, but only 4 % of its water shared between the Centre and the
resources, making it among the most water- States include corporation tax,
stressed in the world personal income tax, Central GST,
● The construction of dams, barrages, and the Centre’s share of the Integrated
irrigation projects on rivers also resulted in Goods and Services Tax (IGST) etc.
ISRW. ⮚ The divisible pool, however,
does not include cess and
Mechanism for Disputes Resolution:
surcharge that are levied by
the Centre.
● River Board Act, 1956: This empowered the
● Discretionary Grants: Article 282 empowers
Union Government to establish Boards for
both the Centre and the states to make any
Interstate Rivers and river valleys in
grants for any public purpose, even if it is
consultation with State Governments. To
not within their respective legislative
date, no river board has been created.
competence.
● Inter-State Water Dispute Act, 1956:
● Statutory Grants: The article 275, mandates
1. It provides for the creation of a
the Parliament to make law to provide
tribunal, if a particular state or
financial assistance to States in the form of
states approach the Central
grants-in-aid charged to the revenue of
government. It also provides that the
India. The grants to states and local bodies
Supreme Court shall not question the
must be used for specified purposes. These
Award or formula given by tribunal
grants have ranged between 12% to 19% of
but it can question the working of the
the total transfers.
tribunal.
2. It was amended in 2002, the Role of the Finance Commission in Financial
amendments mandated a one-year Devolution
time frame to set up the water
disputes tribunal and also a 3-year ● The Finance Commission is a constitutional
time frame to give a decision. body (Article 280) formed every five years to
give suggestions on centre-state financial
relations.
 55

● Each Finance Commission is required to ● The power to tax mineral rights vests in the
make recommendations on: State Legislatures.
o sharing of central taxes with states, ● The Parliament does not have the legislative
distribution of central grants to competence to tax mineral rights, with
states, measures to improve the Entry 54 of the Union List (Regulation of
finances of states to supplement the mines and minerals development declared
resources of panchayats and by parliamentary law to be expedient in the
municipalities, and any other matter public interest) being only a general entry.
referred to it.
About Mines and Minerals (Development and
o Basis of Allocation: The share of
Regulation) Act
States from the divisible pool
(vertical devolution) stands at 41% as ● The Mines and Minerals (Regulation and
per the recommendation of the 15th Development) Act (1957) is enacted to
FC. The distribution among the regulate the mining sector in India.
States (horizontal devolution) is ● This act is applicable to all minerals except
based on various criteria, like, minor minerals and atomic minerals.
Population, Area, Forest Cover and ● It details the process and conditions for
Income Gap. acquiring a mining or prospecting licence in
India. Mining minor minerals comes under
Power to Levy Tax on Mineral Rights the purview of state governments.
● It was amended in 2015 and 2016.
Why in news?
Recent amendments in the MMDR Act
The Supreme Court’s Constitution Bench, in an 8:1
verdict, ruled that Parliament, through Mines and ● An Amendment Bill was passed in 2023 for
Minerals Act, cannot restrict States from taxation; making amendments to the Mines and
any dilution will impact their ability to raise Minerals (Development and Regulation) Act,
revenues. 1957. The following are the major changes:
● It omitted 6 minerals from the list of 12
More about the news
atomic minerals specified in Part-B of the
● The majority judgment said that State First Schedule of the Act namely Lithium,
Legislatures derive their power to tax mines Titanium, Beryllium, Niobium, Tantalum and
and quarries under Article 246 read with Zirconium.
Entry 49 (tax on lands and buildings) in the ● It has empowered the Central Government
State List of the Seventh Schedule of the to exclusively auction mineral concessions
Constitution. for critical minerals specified in Part D of the
● The judgment frees States from the First Schedule of the Act. Revenue from
restrictions of the Centre and is in tune with these auctions will accrue to the concerned
the federalist principles of governance. State Government.
Mineral bearing lands fall within the ● Introduction of an exploration license for
description of ‘lands’ in Entry 49. deep-seated and critical minerals.
● The court ruled that the limitations imposed
by the Parliament in a law like the MMDR
Act, did not operate on or influence State
taxation of mining lands under Entry 49 in
the State List merely for the reason that
“there is no specific stipulation in the
Constitution to that effect”.
56

● If a member of a House belonging to a

political party:
Anti Defection Law ○ a. Has voluntarily given up his
membership of such political party,
Why in the News? or
The Maharashtra Assembly Speaker announced his ○ b. Votes, or abstains from voting in
ruling on the disqualification petitions filed by rival such House, contrary to the direction
factions of the Shiv Sena. of his political party.
● If an independent candidate joins a
Background of the issue political party after the election.
● In June 2022, a rebellion within the Shiv ● If a nominated member of a house joins any
Sena party resulted in a split in the party and political party after the expiry of six months
the collapse of the Maha Vikas Aghadi (MVA) from the date when he becomes a member
government in Maharashtra. of the legislature.
● Eknath Shinde faction, along with 39 MLAs
formed a new government with support of Exemptions from disqualification
other Parties. ● If a member's original party merges with
● The Uddhav Thackeray faction challenged another party:
this, invoking the anti-defection law and ○ The member is not disqualified if
claiming that defectors should be they join the new merged party.
disqualified from the Assembly. ○ The member is also not disqualified if
they choose not to join the merged
What is defection? party and decide to function as a
● The term ‘defection’ means leaving an separate group.
association to join another. ■ For the merger to be valid, at
● In politics, it is a situation when a member least two-thirds of the
of a political party leaves his party and joins members of the original party
hands with other parties. in the legislature must agree
● Traditionally, this phenomenon is known as to the merger.
'floor crossing' which had its origin in the ● If a person is elected as the Speaker of Lok
British House of Commons where a legislator Sabha or the Chairman of Rajya Sabha then
changed his allegiance when he crossed the he could resign from his party, and rejoin the
floor and moved from the Government to the party once he vacates that post.
Opposition side, or vice-versa.
Delimitation Commission
About Anti-Defection Law
● The Government passed the Constitution Why in news?
(Fifty-second Amendment) Act, 1985 to lay
The delimitation of constituencies for the Lok Sabha
down provisions regarding disqualification
and State Legislative Assemblies is to be carried out
on the grounds of defection.
on the basis of the first Census after 2026.
● It amended Article 101, 102, 190 and 191 and
inserted the Tenth Schedule in the
What is delimitation?
Constitution.
● The law's primary purpose is to ensure ● Delimitation means the process of fixing the
political stability and discourage party- number of seats and boundaries of territorial
hopping that could destabilise governments. constituencies in each State for the Lok
Sabha and Legislative assemblies after each
Grounds of Defection
 57

Census by the ‘Delimitation Commission’ with changes to the Representation of

that is set up under an act of Parliament. People's Act, 1951.
● This process also includes determining the
Significance of ONOE
seats to be reserved for Scheduled Castes
(SC) and Scheduled Tribes (ST) in these ● Cost Efficiency: Synchronized elections
houses. could save government expenses by avoiding
● Such an exercise was carried out after the the repetition of election-related costs.
1951, 1961 and 1971 Census. However, in ● Administrative Efficiency: ONOE could free
1976, the 42nd Amendment has frozen the up administrative resources and security
delimitation process (as per the 1971 forces, allowing for better focus on
Census) in order to encourage population governance.
control measures. ● Policy Continuity: Simultaneous elections
● It was extended by the 84th Amendment Act might facilitate long-term policy planning
till 2026. and implementation without
● The boundaries of territorial constituencies interruptions.
were readjusted (without changing the ● Reduced Disruption: ONOE would minimize
number of seats) and seats for SC and ST disruptions caused by the imposition of the
were determined as per the 2001 Census. Model Code of Conduct during election
periods.
One Nation-One Election ● Political Stability: Synchronized elections
could lead to more stable government
Why in news tenures, reducing political uncertainty.
The Union Cabinet has cleared the 'One Nation- One Legislative Council Elections
Election' proposal.

What is One Nation-One Election (ONOE) Why in News?

By-elections were being held for UP’s Legislative
● The concept revolves around conducting Council.
simultaneous elections for both Lok Sabha
and State Assemblies throughout the About State Legislative Council Elections
country and municipal and panchayat polls ● At present six states of India have a
within 100 days of the general election in Legislative Council. These are Andhra
the next phase. Pradesh, Telangana, Uttar Pradesh, Bihar,
● It means that the voters will cast their vote Maharashtra, Karnataka.
for electing the members of Lok Sabha and ● The Elections for Legislative council are held
the State Assemblies on a single day, at the under the system of proportional
same time. representation by means of the single
● One Nation one election was held in India transferable vote and is held by Election
until 1967. But the premature dissolution of Commission of India.
some state assemblies in 1968 and 1969 and ● Biennial elections are held to fill the
advancement of parliamentary polls to 1971 vacancies of members retiring on the
disturbed the One Nation one election norm. expiration of their term of office.
● Implementing simultaneous elections
requires constitutional amendments, a two- Composition of a Legislative Council
thirds majority in Parliament, and
ratification by at least half the states. ● The Legislative Council of a state is
Amendments to key articles, including 83, constituted as per Article 168 of Indian
85(2)(B), 174(2)(B), 356, and 75(3), along Constitution.
58

● As per Article 171 of the Indian Constitution ● Over the years, the MCC has evolved to
the total number of Members in the encompass a wide range of guidelines
Legislative council of a State shall not covering aspects such as:
exceed one third of the total number of ○ Conduct during election campaigns,
Members in the Legislative Assembly. including speeches, rallies, and
● Of the total number of Members of the posters.
Legislative Council, 1/3 of Members are ○ Maintenance of public tranquility and
elected by electorates consisting of the law and order.
Members of Local Authorities, 1/12 are ○ Prohibition of the use of government
elected by electorates consisting of resources for electioneering.
graduates residing in the State, 1/12 are ○ Integrity of the electoral process,
elected by electorates consisting of persons including prevention of bribery and
engaged in teaching, 1/3 are elected by the undue influence.
Members of Legislative Assembly and the ○ Ethical campaigning practices, such
remaining are nominated by the Governor. as avoiding communal and caste-
● The Council is not subjected to dissolution, based appeals.
but one-third of the members thereof shall ● The ECI periodically updates and issues
retire every second year. guidelines to adapt to changing socio-
● The term of members is six years. political dynamics and technological
advancements, ensuring the MCC remains
Model Code of Conduct relevant and effective.

Why in news? Enforceability of the Model Code of Conduct

Model Code of Conduct came into force for 2024 Lok ● While the MCC is not legally binding, its
Sabha elections. enforceability is derived from the ECI's
authority to supervise and conduct elections
About Model Code of Conduct under Article 324 of the Indian Constitution.
● Model Code of Conduct (MCC) in India serves
The ECI has wide-ranging powers to ensure
as a set of guidelines to ensure fair and compliance with the MCC, including:
ethical conduct during elections. It regulates ○ Issuing warnings and advisories to
the behavior of political parties and erring parties and candidates.
candidates to maintain a level playing field ○ Imposing restrictions on campaigning
and uphold the integrity of the electoral activities.
process. ○ Reprimanding or disqualifying
● The MCC was first introduced during the candidates for serious violations.
Kerala Legislative Assembly elections in 1960 ○ Monitoring election expenditure to
by the Election Commission of India (ECI). prevent misuse of money power.
Since then, it has been refined and expanded
to address emerging challenges and uphold NOTA (None of the Above)
democratic values during elections at
various levels, including parliamentary, Why in news?
state legislative, and local body elections.
● In the Union of India v. Harbans Singh Jalal In the General elections 2024, the Indore Lok Sabha
and Others (2011), the Supreme Court held constituency saw more than 2 lakh votes polled for
that the MCC comes into force the moment NOTA.
an election is announced and remains in
force until the results are declared. About NOTA
 59

● None of the Above, abbreviated as NOTA, India to make it easy for visually-impaired
has been provided as an option to the voters electors to cast their votes without the help
of India in most elections since 2013. of an attendant.
● NOTA was introduced in 2013 after a ● Section 11 of the Rights of Persons with
Supreme Court (SC) direction in the PUCL vs. Disabilities Act, 2016, states that “the
Union of India judgement of 2013. Election Commission of India and the State
● The Supreme Court of India directed the Election Commissions shall ensure that all
Election Commission of India to include polling stations are accessible to persons
NOTA in elections to the Lok Sabha and with disabilities and all materials related to
respective state legislative assemblies. the electoral process are easily
● The NOTA option was first used in the 2013 understandable by and accessible to them.
legislative assembly elections held in four ● The Braille signage would include a Braille
states—Chhattisgarh, Mizoram, Rajasthan, sheet/dummy ballot sheet containing the
and Madhya Pradesh, and the union territory serial number of the contesting candidate,
of Delhi. his or her name and party affiliation in the
● NOTA has been described as the maturing of same order in which they appear in the
India's democracy. balloting unit.
● The power of NOTA to express dissent is ● However, if the elector desires, he/she will
clearly visible in reports where entire still be allowed to bring a companion as
communities decided to democratically provided in Rule 49N of the Conduct of
protest against governments that have failed Elections Rules, 1961.
to meet their needs.
1. For instance, there have been Corrupt practices under RPA,1951
multiple cases of entire villages
deciding to vote for NOTA due to Why in news?
consistent failure of local The Supreme Court observed that providing false
governments to meet basic information about a candidate's educational
requirements like roads, electricity qualifications cannot amount to a "corrupt act".
and inaction towards villagers'
complaints about water About Corrupt Practices
contamination by industries.
● Under Section 123 of RPA 1951, “corrupt
Braille Signage on EVMs practices” include bribery, undue influence,
false information, and promotion or
Why in news? attempted promotion of “feelings of enmity
or hatred between different classes of the
The Election Department provided Braille signage in citizens of India on grounds of religion, race,
English and Tamil in Electronic Voting Machines caste, community, or language” by a
(EVMs) in the Assembly constituency in Puducherry. candidate for the furtherance of his
prospects in the election.
About Braille Signage ● Section 123(2) deals with “undue influence”:
“any direct or indirect interference or
● Braille is a specialized tactile writing system attempt to interfere on the part of the
developed for people with visual candidate or his agent, or of any other
impairments. It can be read by the blind and person, with the consent of the candidate or
visually impaired. his election agent, with the free exercise of
● This facility is being provided on the any electoral right.”
instructions of the Election Commission of
60

○ This could include threats of injury, The Election Commission of India’s Suvidha platform
social ostracism, and expulsion from witnessed a surge in activity since the
any caste or community. announcement of the 2024 Lok Sabha Elections.
● Convincing a candidate or elector that they
will become “an object of divine displeasure About the Portal
or spiritual censure” too will be considered
an interference “with the free exercise of ● The Suvidha portal is a technological solution
the electoral right of such candidate or developed by ECI to ensure a level playing-
elector.” field upholding the democratic principles of
free, fair and transparent elections.
Section 127A of RPA 1951 ● It has streamlined the process of obtaining
and acting upon requests for permissions and
Why in news? facilities from political parties and
candidates during the election period.
With the announcement of Lok Sabha elections, ● The Suvidha Portal operates on the principle
restrictions have been imposed on printing election of ‘First in First out’, ensuring equal
related pamphlets and posters under Section 127A. treatment for all parties and candidates.
● It caters to permissions for organising rallies,
About Section 127A opening temporary party offices, door-to-
door canvassing, video vans, helicopters,
● According to Section 127-A of the RPA, 1951, obtaining vehicle permits, distributing
all election related print material must bear pamphlets.
the names and addresses of the printer and ● State-wise analysis reveals that Tamil Nadu
the publisher. topped the list with 23,239 requests,
● The printer must send a copy of the followed by West Bengal with 11,976 and
declaration and the printed document to the Madhya Pradesh with 10,636.
concerned chief electoral officer within 72
hours. Re-Polling
● Any violation in this regard would invite
stern action, including imprisonment for a
Why in news?
term which may extend to six months, under
the relevant laws. Election Commission of India ordered re-polling on
● The Representation of the People Act, 1951 one booth in Karnataka's Chamarajanagar.
provides for the conduct of election of the
Houses of Parliament and to the House or More about the news
Houses of the Legislature of each State, the
qualifications and disqualifications for ● The re-polling was ordered after two groups
membership of those Houses, the corrupt of people clashed over boycotting the
practices and other offences at or in elections, damaging EVMs.
connection with such elections and the ● India’s election laws provide a framework
decision of doubts and disputes arising out of for handling situations where the normal
or in connection with such elections. polling process is disrupted for any reason,
including damage to EVMs, booth-capturing,
Suvidha Portal natural disasters, or a candidate’s death.
● The provisions for repolls, adjournments,
Why in news? and the voiding of polls ensure that the
democratic process remains fair,
transparent, and uninterrupted.
 61

● The Election commission ordered the b. The above provision applies if the
repolling by exercising powers conferred by candidate with a valid nomination
the Section 58 of the Representation of dies at any time after 11.00 a.m. on
People Act, 1951. the last date for making nominations,
until the commencement of the poll.
Various provisions related to repolling c. The RO reports the fact to the EC and
orders the adjournment of the poll to
● Fresh poll in the case of destruction of a date to be notified later by the
ballot boxes: Under Section 58 of the RPA Commission.
(‘Fresh poll in the case of destruction, etc., ● Natural disasters, other disruptions to
of ballot boxes’), the EC can declare the poll polling: The Presiding Officer of a polling
at a polling station to be void if: station can adjourn the poll at a polling
a. an unauthorised person has station under section 57(1) of the
unlawfully taken away any EVM; Representation of the People Act, 1951, in
b. any EVM has been accidentally or case of:
intentionally destroyed, or lost, or a. a natural calamity like a
damaged, or tampered with; or flood, a severe storm;
c. a mechanical failure develops in any b. non-receipt or loss or
EVM during the recording of votes. damage to essential polling
d. In such cases, the Returning Officer materials like EVM, electoral
(RO) immediately informs the EC and roll etc;
the Chief Electoral Officer of the c. interruption or obstruction
state about the relevant facts and due to any riot or, open
material circumstances, after violence;
considering which, the EC can d. non-arrival of the polling
declare the poll void and formally fix party due to obstruction or
the date and time for a new poll. any other serious difficulty;
● Booth-capturing: it is defined in Section or
135A of the RPA, includes all or any of the e. non-commencement of the
following activities by any person or persons: poll within two hours from the
a. seizure of a polling station, affecting scheduled time due to
the conduct of elections; malfunctioning of EVM, or any
b. taking possession of a polling station, other reason.
allowing only his or their supporters
to vote; Rules for Contesting LS Elections from 2
c. intimidating or threatening any
elector and preventing him from seats simultaneously
going to the polling station;
d. seizure of a counting place affecting Why in news?
the counting of votes; The concept of a candidate contesting from two
e. involvement of any person in seats or constituencies in the Lok Sabha Election is
government service in any of the not uncommon.
above activities.
● Death of a candidate: About the rules
a. As per Section 52 of RPA, amended in
● According to the Representation of the
1996, the poll shall be adjourned only
People Act, of 1951, an individual is legally
in case of the death of a recognised
permitted to contest elections from two Lok
political party’s candidate.
Sabha constituencies simultaneously.
62

● A sub-section, 33 (7), of the RPA, allowing a o If he or she is not a citizen of India or

candidate to contest from two seats, was has voluntarily acquired the
introduced through an amendment in 1996, citizenship of a foreign state.
prior to which there was no bar on the o Under the RPA Act, if a person is
number of constituencies from which a convicted of any offence and
candidate could contest. sentenced to an imprisonment of two
● However, Section 70 of the same Act years or more, this will lead to his
stipulates that a candidate can hold only one disqualification to contest elections.
seat at a time, regardless of whether he or ⮚ Even if this person is out on
she has been elected from more than one bail, after the conviction and
seat. his appeal is pending for
● If the candidate wins from both disposal, he or she is
constituencies, they must vacate one seat disqualified from contesting
within fourteen days, triggering a by- an election.
election in the constituency they choose to • Other rules: To contest in a Lok Sabha
relinquish. election, a person should be registered as a
● Over the years, the Election Commission (EC) voter in any constituency of the country.
of India has supported arguments that
candidates should be restricted to
contesting from one seat, citing the waste of
public money and resources in holding a
bypoll if a candidate were to win both seats.

Other rules

● Minimum age: The minimum age for a

person to contest Lok Sabha and Assembly
polls is 25 years, while one can become a
member of the Rajya Sabha or the State
Legislative Council only at 30 years.
● Qualification: There is no minimum
educational qualification needed to contest
general elections in India. Candidates must
be citizens of India, registered in some
constituency of the country as a valid voter
and must not have been convicted of any
offence punishable by more than two years.
● Disqualification:
o A person shall be disqualified from
being chosen as or being a member of
either House if he holds any office of
profit under the Government of India
or the Government of any State.
o If he or she is of unsound mind and
stands so declared by a competent
court; if he or she is an undischarged
insolvent.
 63

● The Comptroller and Auditor General of

India (CAG) submits three Audit Reports to
the President:
o Audit Report on Appropriation
Comptroller and Auditor General of India Accounts, Audit Report on Finance
Accounts, Audit Report on Public
Why in news? Undertakings.
The government of India appointed a new
Inter-State Council
Comptroller and Auditor General of India.

About CAG Why in news?

● The Comptroller and Auditor General of The Union government reconstituted the Inter-State
India is the supreme audit institution of Council (ISC).
India, established under Article 148 of the
About
Constitution of India.
● The Comptroller and Auditor-General of ● The ISC was established by a Presidential
India is appointed by the President of India. Order in 1990, based on the provisions of
● The CAG can be removed only on an address Article 263 of the Constitution of India.
from both houses of parliament on the ● The inter-state council is a recommendation
ground of proved misbehaviour or body that has been empowered to
incapacity. investigate and discuss subjects of common
● The CAG vacates the office on attaining the interest between the Union and state(s), or
age of 65 years or 6-year term, whichever is among states.
earlier or by impeachment proceedings. ● The ISC is a platform for the center and
● Unlike Britain, the CAG of India is not a states to collaborate on development
Member of the Parliament. policies and strengthen relations. It also
helps to improve the relationship of trust
Independence of the office of the CAG
between the center and the states.
● The CAG can only be removed from office in
Composition
the same manner and for the same reasons
as a Supreme Court judge. ● The ISC is made up of the following
● The CAG's salary and expenses are charged members:
to the Consolidated Fund of India, not voted. ● The Prime Minister, who serves as the
● The CAG cannot hold any other government Chairman
office after their term expires. ● The Chief Ministers of all states
● The Chief Ministers of Union Territories with
Duties of the CAG
a Legislative Assembly
● They are empowered to audit all receipts ● The Administrators of Union Territories
and expenditure of the Government of India without a Legislative Assembly
and the State Governments, including those ● Six Ministers of Cabinet rank in the Union
of autonomous bodies and corporations Council of Ministers, nominated by the Prime
substantially financed by the government. Minister
● CAG audits the receipts and expenditure
Roles and responsibilities
from the Consolidated Fund of India and of
the State and Union Territory having ● Investigate and inquire about conflicts that
legislative assembly. arise between different states based on
various factors
64

● Recommend appropriate solutions for the ● The expenses of the UPSC including salaries,
conflicts to achieve national peace and unity allowances and pensions of the members or
● Scrutinise and discuss matters through which staff of the Commission are charged on the
growth can be increased and states and Consolidated Fund of India.
centres have common interests ● A member of the Union Public Service
● Make policies and provide recommendations Commission may resign from his/her office
for better outcomes and coordination by submitting the written resignation to
between the states and the centre the President of India.
● The Standing Committee of the ISC is tasked ● The Chairman or any other member of UPSC
with facilitating continuous consultations on shall only be removed from his/her office by
matters to be considered by the broader order of the President of India.
Inter-State Council. Its responsibilities also ● The Chairman or any other member of
include reviewing and processing issues UPSC may be removed if he/she:
related to Centre-State relations before they o is adjudged an insolvent.
are presented to the ISC. o engages during his/her term of office
in any paid employment outside the
Union Public Service Commission duties of his/her office.
o is, in the opinion of the President,
Why in news? unfit to continue in office by reason
UPSC Chairperson resigned 5 years before the of infirmity of mind or body.
expiration of his term.
Cooperative Societies
About

● UPSC is a Constitutional Body under Article Why in news?

315-323 Part XIV of the Constitution of
The Union Home Minister and Minister of
India to discharge their duties, functions
Cooperation addressed the Centennial celebration
and obligations assigned under Article 320.
of the Ahmedabad District Cooperative.
It falls under the Department of Personnel
and Training. About Cooperative Societies
● The UPSC conducts direct recruitment of
officers to the All-India Services and the ● A cooperative society is a voluntary
Central Civil Services through examinations association of people who come together to
in accordance with the Rules of examination achieve common economic, social, or
as notified by the Government of India in a cultural goals. The main purpose of a
just, fair and impartial manner. cooperative society is to serve the interests
● UPSC Chairman is the head of the Union of the poorer sections of society through
Public Service Commission. mutual help and self-help.
● The Chairman and other members of the ● They are formed under the Cooperative
UPSC are appointed by the President of Societies Act, 1912. The number of
India. Any member of the UPSC shall hold cooperative societies varies by state, with
office for a term of six years or till the age Gujarat having the most followed by Andhra
of 65 years, whichever is earlier. Pradesh, and Jharkhand. Democratic
● A person who holds office as a member of a management in a cooperative society
Public Service Commission shall, on the is based on the idea that the members are
expiration of his term of office, be ineligible the owners of the business and should be the
for re-appointment to that office. decision makers.
● At least 10 adult members must voluntarily
agree to form a cooperative society. Each
 65

member has one vote, regardless of how of Corruption Act of 1988. The inquiry wing
many shares they own. is headed by a Director of Inquiry.
● Cooperatives provide education and training
About Lokpal of India
to help members, representatives,
managers, and employees contribute ● A Lokpal is an anti-corruption authority or
effectively. Members share in the profits and body of ombudsman who represents the
losses based on how they use the public interest in India.
cooperative's services. ● Lokpal is a multi-member body that
consists of one chairperson and a maximum
Constitutional provision related to the
of 8 members.
cooperative societies
● The term of office for Lokpal Chairman and
● The Ninety-Seventh (97th) Constitution Members is 5 years or till the age of 70 years.
(Amendment) Act, 2011 granted ● The Chairperson of the Lokpal should be
constitutional status to the Cooperative either the former Chief Justice of India or
Societies and made the following provisions, the former Judge of Supreme Court or an
namely: eminent person having special knowledge
o Right to form cooperative societies and expertise of minimum 25 years in anti-
was included as a Fundamental Right corruption policy, public administration,
by insertion of the words vigilance, finance including insurance and
“cooperative societies” in Article banking, law and management.
19(1)(c) in Part III of the ● Out of the maximum eight members, half
Constitution. will be judicial members and minimum 50%
o Article 43B was inserted in Part IV of of the Members will be from SC/ ST/ OBC/
the Constitution as Directive Minorities and women.
Principle of State Policy for
promotion of cooperative societies. Central Information Commission
o Part IX B ‘The Cooperative Societies’
was inserted with provisions for Why in news?
incorporation, regulation and
winding up of co-operative societies. The Supreme Court ruled that the Chief Information
Commissioner (CIC) has the authority to constitute
Lokpal of India benches of the transparency panel and divide work
within the commission.
Why in news?
About Central Information Commission
Lokpal of India has established an inquiry wing
under Section 11 of Lokpal and Lokayukta act 2013, ● The Central Information Commission is a
to discharge its statutory functions. statutory body, set up under the Right to
More about the news Information Act in 2005.
● It aims to play a dynamic role in ensuring
● Section 11 of the Lokpal and Lokayuktas Act effective and efficient participation of all
of 2013 requires the Lokpal to establish an the stakeholders as envisaged by the RTI
inquiry wing to conduct preliminary Act, through exercise of powers conferred
investigations into alleged offenses on, and by performing functions assigned to
committed by public servants. the Central Information Commission in an
accountable, responsive and transparent
● The wing's purpose is to investigate offenses
manner.
that are punishable under the Prevention
66

● The commission includes one chief Supreme Court’s ruling on GST Council
information commissioner and not more
● In 2022, the Supreme Court stated that the
than ten information commissioners.
recommendations of the GST Council are
● They are appointed by the President on the
not binding. (Union of India and Anr versus
recommendation of a committee consisting
M/s Mohit Minerals Through Director).
of the Prime Minister as Chairperson, the
● The court said Article 246A of the
Leader of Opposition in the Lok Sabha and
Constitution gives both Parliament and
a Union Cabinet Minister nominated by the
state legislatures “simultaneous” power to
Prime Minister.
legislate on GST and recommendations of
● The Chief Information Commissioner and an
the Council “are the product of a
Information Commissioner shall hold office
collaborative dialogue involving the Union
for such term as prescribed by the Central
and States.
Government or until they attain the age of
● Further, the court said the GST Council has
65 years, whichever is earlier.
an “unequal voting structure where the
● They are not eligible for reappointment (as
states collectively have a two-third voting
per the amendments made in RTI Act, 2005
share and the Union has a one-third voting
in 2019).
share”.
Goods and Services Tax (GST) Council Central Consumer Protection Authority
Why in news?
Why in news?
The 53rd GST Council meeting concluded in New
Delhi. Central Consumer Protection Authority (CCPA) has
directed – Yatra, an online Travel Platform to refund
About GST Council booking amounts to consumers affected due to
● The Goods & Services Tax Council (GST Covid-19 lockdown.
Council) is a constitutional body under
About CCPA
Article 279A.
● The Council is mandated to decide key ● It is a statutory body established under the
issues related to the GST such as tax rates, Consumer Protection Act of 2019.
exemptions, thresholds, and ● It consists of a Chief Commissioner as head,
administrative procedures. and only two other commissioners as
● The Council includes the Union Finance members — one of whom will deal with
Minister (chairperson), and the Union matters relating to goods while the other
Minister of State (Finance) from the will look into cases relating to services.
Centre. Each state can nominate a minister ● The objective of the Central Consumer
in charge of finance or taxation or any Protection Authority (CCPA) is to promote,
other minister, as a member. protect and enforce the rights of
● The GST Council takes decisions through a consumers as a class.
consensus-based approach every decision ● It is empowered to:
of the GST Council shall be taken by a 1. To conduct investigations into
majority of not less than three-fourths of violation of consumer rights and
the weighted votes of the members present institute complaints prosecution,
and voting with a weightage of one-third of order recall of unsafe goods and
the total votes cast to the Centre and a services,
weightage of two-thirds of the total votes
cast to the States.
 67

2. To order discontinuation of unfair Powers of the commission

trade practices and misleading
advertisements, ● The NCSC investigates and monitors matters
3. To impose penalties on related to the safeguards of the Scheduled
manufacturers/endorsers/publishers Castes.
of misleading advertisements. ● The NCSC investigates complaints about the
deprivation of rights and safeguards of the
National Commission for Scheduled Scheduled Castes.
● The NCSC advises on the planning process for
Castes the socio-economic development of the
Scheduled Castes
Why in news? ● The NCSC has the powers of a civil court
when investigating or inquiring into matters.
The Delhi High Court ruled that the National
Commission for Scheduled Castes (NCSC) is not National Commission for backward
empowered to investigate or issue directions in the
nature of a civil or criminal court. classes (NCBC)

About Why in news?

● The National Commission for Scheduled The National Commission for Backward Classes
Castes is an Indian constitutional body under (NCBC) has recommended an increase in the
the jurisdiction of the Ministry of Social reservation quota for Other Backward Classes
Justice and Empowerment. (OBCs) in public employment in Punjab and West
● Article 338 of the Indian constitution deals Bengal.
with the National Commission for Scheduled
Castes. About NCBC
● It is established with a view to provide
safeguards against the exploitation of ● The National Commission for Backward
Scheduled Castes and Anglo-Indian Classes (NCBC) was initially established by
communities to promote and protect their the Central Government through the
social, educational, economic and cultural National Commission for Backward Classes
interests, special provisions were made in Act, 1993, under the Ministry of Social
the Constitution. Justice and Empowerment.
● The NCSC comprises a Chairperson, a Vice- ● The Commission was granted constitutional
Chairperson, and three additional Members. status by “The Constitution (One Hundred
The Chairperson, Vice-Chairperson, and and Second Amendment) Act, 2018,” which
other Members of the Commission shall be introduced Article 338B, creating the NCBC
appointed by the President by warrant under to address issues of socially and
his hand and seal. educationally backward classes.
● The conditions of service and tenure of ● The amendment also added Article 342A
office of the Chairperson, Vice-Chairperson and Clause 26C to Article 366.
and other Members so appointed shall be ● it is consist of a Chairperson and a Vice-
such as the President may, by rule, Chairperson with three other Members with
determine. the rank and pay of a Secretary to the
● The NCSC presents reports to the President Government of India
on the working of safeguards and ● The appointments are made by the President
recommends measures for their of India through a formal warrant under his
implementation. hand and seal.
68

● The President must present all Commission years ago. It's based on the idea that
reports to both Houses of Parliament, the body, mind, and spirit are
including a memorandum detailing actions connected and that imbalances can
taken or proposed based on the lead to illness.
recommendations. Reasons for any non- 2. Siddha is a traditional medical
acceptance of recommendations must also system that originated in South India
be provided. and is based on the principles of
● The NCBC possesses the authority of a civil Ayurveda. It's considered one of the
court, allowing it to summon individuals, oldest medical systems in the world,
request documents, and receive evidence on with roots dating back to around
affidavits. 10,000 BC. Siddha medicine treats
● The Union and State Governments are the mind, body, and soul, and
required to consult the NCBC on all major considers a patient's age, habits,
policy matters affecting socially and physical condition, and
educationally backward classes. environmental factors.
● The Commission has the power to regulate its 3. The Unani system of medicine is an
own procedures. ancient medical system that
emphasizes the balance of four
National Commission for Indian System of humors and four temperaments to
promote health and prevent illness.
Medicine
4. Sowa-Rigpa, also known as Amchi
medicine, is a traditional medical
Why in news? system that is based on Ayurvedic
principles and Buddhist philosophy.
A workshop for drafting the Ayurveda Process
● The NCISM creates policies for regulating
Handbook concluded at the National Commission for
medical institutions, medical professionals,
Indian System of Medicine (NCISM).
and the education of Indian medicine.
About ● The NCISM maintains a medical register of
the Indian System of Medicine.
● The National Commission for Indian System ● The NCISM frames guidelines for determining
of Medicine (NCISM) is a regulatory body fees and other charges for 50% of seats in
established by the Government of India. private medical institutions and deemed
● The NCISM was established under the universities.
National Commission for Indian System of ● The NCISM periodically and transparently
Medicine Act, 2020. assesses medical institutions.
● It replaced the Central Council of Indian
Medicine, which was established by the National Investigation Agency
Indian Medicine Central Council Act, 1970
● The NCISM comprises a chairperson, Why in news?
members from various fields including The Supreme Court ruling expanded the powers of
practitioners, educationists, and National Investigation Agency’s (NIA).
representatives from the Central and State
Governments. More about the news
● It aims to promote and regulate Indian ● The Supreme Court ruled that the powers of
traditional medicine systems, specifically the National Investigation Agency are not
Ayurveda, Siddha, Unani, and Sowa-Rigpa. restricted to probing offences mentioned in
1. Ayurveda is a holistic medical system
that originated in India over 3,000
 69

the schedule of the NIA Act or accused November 2017 to conduct entrance
committing such “scheduled offences”. examination admissions and recruitment.
● The court ruled that even if the alleged
Recommendations of the Panel
crime is not on the scheduled list, the NIA
may still investigate if the crime has national ● The panel has recommended Digi-Exam, on
or international ramifications. the lines of Digi-Yatra, to make the
● The decision also made it clear that the NIA's examination process foolproof. The report
participation in non-scheduled offenses must said such a system will ensure that the
be determined by the seriousness of the candidate writing the exam is the one who
crime and its potential to affect public order joined the programme.
or national security. ● The panel recommended that an empowered
and accountable governing body with three
About National Investigation Agency
designated sub-committees should be set up
● National Investigation Agency (NIA) is to oversee test audit, ethics and
working as the Central Counter Terrorism transparency, nomination and staff
Law Enforcement Agency in India. conditions and stakeholder relationships.
● The agency came into existence with the ● The panel suggests NTA focus solely on
enactment of the National Investigation higher education entrance exams, improve
Agency Act 2008. internal capacity, and strengthen security
● The agency is empowered to deal with the measures to prevent malpractice.
investigation of terror related crimes across ● The panel also suggests, NTA should develop
states without special permission from the institutional linkage with State/District
states under written proclamation from the authorities for providing a secure test
Ministry of Home Affairs. administration apparatus.
● The primary mandate of the National
Investigation Agency is to investigate and National Human Rights Commission
prosecute offences that have national and
cross-border implications, specifically Why in news?
focusing on terrorism, insurgency, and other
related matters. The National Human Rights Commission (NHRC) of
India convened a statutory full commission meeting.
National Testing Agency
About NHRC
Why in news?
● NHRC was established under the Protection
The Radhakrishnan panel recommended of Human Rights Act (PHRA), 1993.
restructuring of the National Testing Agency. ● It is established in conformity with the Paris
More about the news Principles (1991), adopted at the first
international workshop on national
● A government-appointed panel, led by institutions for the protection of human
former ISRO chief K Radhakrishnan, has rights.
recommended restructuring the National ● The National Human Rights Commission
Testing Agency (NTA) following the NEET-UG (NHRC) is an independent statutory body
paper leak. established to protect and promote human
● The National Testing Agency (NTA) is an rights in India. It is responsible for reviewing
autonomous body of the Department of and addressing human rights violations and
Higher Education of the Ministry of making recommendations for the protection
Education of India. It was established in and promotion of human rights.
70

● The NHRC consists of a chairperson, five and conditions of service of personnel in

full-time Members, and seven deemed public service in India.
Members. ● Central Administrative Tribunal’s members
● The deemed members are chairpersons of are drawn from legal and administrative
the below national commissions: National fields to provide the benefit of expertise in
Commission for Minorities, National both domains. A Chairman has to be a sitting
Commission for Scheduled Castes, National or retired Judge of a High Court. The tenure
Commission for Scheduled Tribes, National of chairman is 5 years or 65 years of age,
Commission for Women, National whichever is earlier
Commission for Protection of Child Rights ● There are 19 Benches and 19 Circuit Benches
and National Commission for Backward in the Central Administrative Tribunal all
Classes. over India.
● The statute lays down qualifications for the ● The Supreme Court has ruled in L. Chandra
appointment of the Chairperson and Kumar's case, the orders of the Central
Members of the Commission. Administrative Tribunal can be challenged
● The chairperson and members of the NHRC before the respective High Court.
are appointed by the President of India,
based on the recommendations of a Goods & Services Tax Appellate Tribunal
committee consisting of Prime Minister,
Speaker of the Lok Sabha, Minister of Home Why in news?
Affairs, Leader of the Opposition (Lok
Justice (Retd.) Sanjaya Kumar Mishra took the oath
Sabha), Leader of the Opposition (Rajya
as the President of the GST Appellate Tribunal
Sabha) and Deputy Chairman (Rajya Sabha).
(GSTAT)
● The term of the members is Three years or
till the age of seventy years for both the More about the news
Chairperson and Members.
● The Chairperson or any other Member of the ● The Union Minister for Finance and
Commission shall be removed from his office Corporate Affairs administered the oath of
by order of the President on the ground of integrity and secrecy to Justice Mishra as the
proved misbehavior or incapacity after the President of the GST Appellate Tribunal
inquiry of the Supreme Court. (GSTAT)
● Mishra’s appointment marks the beginning of
Central Administrative Tribunal the operationalisation of the GSTAT, a
crucial body for resolving GST-related
Why in news? disputes.

The Allahabad High Court has clarified the appellate About GSTAT
jurisdiction regarding orders of the Central
Administrative Tribunal (CAT) in contempt ● The GSTAT is the Appellate Authority
proceedings. established under the Central Goods and
Services Tax Act, 2017.
About CAT ● It will hear various appeals under the said
Act and the respective State/Union
● The Central Administrative Tribunal had Territories GST Acts against the orders of the
been established under Article 323 -A of the first appellate authority.
Constitution. ● It consists of a Principal Bench and various
● The CAT is responsible for adjudication or State Benches.
trial of matters connected with recruitment
 71

● As per the approval of the GST Council, the The National Pharmaceutical Pricing Authority
Government has notified the Principal announced an annual change of 0.0055% increase in
Bench, to be located at New Delhi, and 31 prices of drugs under the National List of Essential
State Benches at various locations across the Medicines.
country.
● The Tribunal will ensure swift, fair, judicious About
and effective resolution to GST disputes,
besides significantly reducing the burden on ● The National Pharmaceutical Pricing
higher courts. Authority was constituted by Government of
● The establishment of the GSTAT would India Resolution as an attached office of the
further enhance the effectiveness of the GST Department of Pharmaceuticals, Ministry of
system in India and foster a more Chemicals & Fertilizers
transparent and efficient tax environment in ● It works as an independent Regulator for
the country. pricing of drugs and aims to ensure
availability and accessibility of medicines at
Securities Appellate Tribunal affordable prices.
● Function of National Pharmaceutical Pricing
Authority:
Why in news?
1. To implement and enforce the
The Finance Ministry has appointed a retired judge provisions of the Drugs (Prices
as the presiding officer of the Securities Appellate Control) Order in accordance with
Tribunal (SAT). the powers delegated to it.
2. To monitor the availability of drugs,
About SAT identify shortages, if any, and to take
remedial steps.
● SAT is a statutory body established under the 3. To collect/ maintain data on
provisions of Section 15K of the SEBI Act, production, exports and imports,
1992. market share of individual
● SAT consists of a Presiding Officer and Two companies, profitability of
other members. The Presiding officer of SAT companies etc., for bulk drugs and
shall be appointed by the Central formulations.
Government in consultation with the Chief 4. To recruit/ appoint the officers and
Justice of India or his nominee. other staff members of the
● It hears and disposes of appeals against the Authority, as per rules and
orders passed by the SEBI, Pension Fund procedures laid down by the
Regulatory and Development Authority Government.
(PFRDA) and the Insurance Regulatory 5. To render assistance to the Central
Development Authority of India (IRDAI). Government in the parliamentary
● It has the same powers as vested in a civil matters relating to the drug pricing.
court. Further, if any person feels aggrieved
by SAT’s decision or order can appeal to the About National List of Essential Medicines
Supreme Court.
● The National List of Essential Medicines
National Pharmaceutical Pricing (NLEM) is a list released by the Ministry of
Health and Family Welfare.
Authority ● The medicines listed in the NLEM are sold
below a price ceiling fixed by the National
Why in news? Pharmaceutical Pricing Authority (NPPA).
72

● It is framed on the lines of the Essential ● In a matter concerning the Supreme Court
Medicines List (EML) released by the WHO. Bar Association SCBA’) elections, the
Supreme court ruled that some of the posts
Indian Pharmacopoeia Commission in the Executive Committee must be
reserved for women members of the Bar.
Why in news? ● The Supreme Court said that in the upcoming
2024-2025 SCBA polls, the post of treasurer
The Indian Pharmacopoeia Commission (IPC) has be reserved for women. It also said that a
issued a drug safety alert over the use of the anti- minimum of one-third of seats in the
inflammatory drugs. executive committee of the lawyers’ body
would have to be reserved.
About IPC
About Bar Council of India
● Indian Pharmacopoeia Commission (IPC) is an
Autonomous Institution of the Ministry of ● Bar Council of India is a statutory body
Health and Family Welfare, Govt. of India. established under section 4 of the Advocates
● IPC is created to set standards of drugs in the Act 1961.
country. Its basic function is to regularly ● In March 1953, the 'All India Bar Committee',
update the standards of drugs commonly headed by S. R. Das, submitted a report that
required for treatment of diseases prevailing proposed the creation of a bar council for
in this region. each state and an all-India bar council as an
● It publishes official documents for improving apex body.
Quality of Medicines by way of adding new ● It regulates the legal practice and legal
and updating existing monographs in the education in India.
form of Indian Pharmacopoeia (IP). ● Its members are elected from amongst the
● The Indian Pharmacopoeia Commission (IPC) lawyers in India and represent the Indian
has joined the Pharmacopoeial Discussion bar.
Group (PDG) in October 2023. ● It prescribes standards of professional
● The PDG is an international forum that aims conduct, etiquettes and exercises
to harmonize global pharmacopoeial disciplinary jurisdiction over the bar.
standards to reduce the burden on ● It also sets standards for legal education and
manufacturers and ensure consistent grants recognition to universities whose law
quality. It was established in 1989 by the degrees will qualify students to enrol
European Pharmacopoeia (Ph. Eur.), the themselves as advocates upon graduation.
Japanese Pharmacopoeia (JP), and the US ● The Advocates Act, of 1961 provides for the
Pharmacopeia (USP). establishment of an SBC for each state or a
common SBC for two or more
Reservation for Women in SC Bar states/state/union territories. At present,
there are 24 SBCs.
Association
Tea Board of India
Why in news?

The Supreme Court reserved one-third of the seats Why in news?

in the executive committee of the Supreme Court
Bar Association (SCBA) for women. Tea Board of India indicated a drop of production of
around 40% in Assam and around 23% in West Bengal.
More about the news
About Tea board of India:
 73

● The present Tea Board is functioning as a The Insolvency and Bankruptcy Board of India (IBBI)
statutory body under the Union Ministry of has sought to limit the discretion of officials
Commerce & Industry. authorized to liquidate insolvent companies.
● The Board is constituted of 31 members
About
(including Chairman) drawn from Members
of Parliament, tea producers, tea traders, ● The Insolvency and Bankruptcy Board of
tea brokers, consumers, and representatives India (IBBI) is a statutory body functioning
of Governments from the principal tea under the corporate affairs ministry.
producing states, and trade unions. ● The Insolvency and Bankruptcy Board of
● The Board is reconstituted every three India (IBBI) is the regulator for overseeing
years. insolvency proceedings and entities like
Insolvency Professional Agencies (IPA),
Spices Board of India Insolvency Professionals (IP) and Information
Utilities (IU) in India.
Why in news? ● It was established in October 2016 and given
The Spices Board issued guidelines to exporters to statutory powers through the Insolvency and
prevent ethylene oxide contamination. Bankruptcy Code.
● It covers Individuals, Companies, Limited
About Spice Board of India Liability Partnerships and Partnership firms.
● It attempts to simplify the process of
● Spices Board is the statutory organization
insolvency and bankruptcy proceedings. It
constituted in 1987, under the Spices Board
handles the cases using two tribunals like
Act 1986 with the merger of the erstwhile
NCLT (National company law tribunal) and
Cardamom Board and Spices Export
Debt recovery tribunal.
Promotion Council.
● IBBI will have 10 members, including
● It comes under the aegis of Ministry of
representatives from the Ministries of
Commerce and Industry, Government of
Finance, Law and corporate affairs, and the
India.
Reserve Bank of India.
● It is responsible for the export promotion of
● IBBI has regulatory oversight on Insolvency
the 52 scheduled spices and development
Professionals, Insolvency Professional
and research of cardamom (small and large).
Agencies, Insolvency Professional Entities
● The Spices Board is responsible for the
and Information Utilities.
overall development of cardamom (small
and large) in terms of improving production, Competition Commission of India
productivity and quality.
● The Board is also implementing post-harvest Why in news?
improvement programmes for improving
quality of the 52 scheduled spices for export. Competition Commission of India (CCI) celebrated
● The various development programmes and its 15th foundation day.
post-harvest quality improvement About CCI
programmes of the Board are included under
the head ‘Export Oriented Production’. ● The Competition Commission of India (CCI)
● The Board is an international link between was established in March 2009 by the
the Indian exporters and the importers Government of India under the Competition
abroad. Act, 2002 for the administration,
implementation, and enforcement of the
Insolvency and Bankruptcy Board of India Act.

Why in news?
74

● It is the chief national competition regulator areas of organized activities that have
in India under the Ministry of Corporate significant bearing in improving the quality
Affairs. of life and wellbeing of the citizens of India.
● The Commission consists of a chairperson ● The council is independent and works under
and not more than 6 Members appointed by the directions of its Governing Body (GB)
the Central Government. having equal representation of government,
● It is the statutory duty of the Commission to industry and industry associations.
eliminate practices having adverse effect on ● It does not get funded by the government
competition, promote and sustain and is a self-sustaining non-profit
competition, protect the interests of organization with its own Memorandum of
consumers and ensure freedom of trade Association (MOA) and Rules.
carried on by other participants, in markets
in India as provided in the Preamble as well Veterinary Council of India
as Section 18 of the Act.
● The Commission is also mandated to give its Why in news?
opinion on competition issues to government The Central Government announced the election of
or statutory authority and to undertake the 11 members Veterinary Council of India.
competition advocacy for creating
awareness of competition law. About Veterinary Council of India (VCI)
● The commission is a quasi-judicial body ● The Veterinary Council of India (VCI) is a
which gives opinions to statutory authorities statutory body which regulates veterinary
and also deals with other cases. practice in India.
● It was established under the Ministry of
Quality Council of India
Agriculture of the Government of India in
Why in news? 1984, and based in New Delhi, the council is
governed by the Indian Veterinary Council
Quality Council of India (QCI) celebrated World Act, 1984.
Accreditation Day across more than 20 cities in ● It derives its funding from grants-in-aid from
India. the Department of Animal Husbandry &
Dairying of the Ministry of Agriculture.
About Quality Council of India
● The council has twenty-seven members
● The Quality Council of India was established (fourteen nominated, eleven elected and
in 1997 by the Government of India and the two ex officio).
Indian industry. o 11 elected members are elected from
● It is the apex organisation in India amongst the persons enrolled in the
responsible for establishing and operating Indian Veterinary Practitioners
the third-party national accreditation Register;
system, improving quality across sectors and ● Objectives
advising the government and other o To lay down minimum standards of
stakeholders on all matters concerning veterinary education required for
quality. granting recognized veterinary
● It plays a pivotal role at the national level in qualifications by veterinary
propagating, adoption and adherence to institutions.
quality standards in all important spheres of o To recommend recognition or
activities including education, healthcare, withdrawal of recognition of
environment protection, governance, social veterinary qualifications granted by
sectors, infrastructure sector and such other veterinary institutions in India.
 75

o To lay down the standards of O Ex-Officio membership:

professional conduct, etiquette and Maximum four from the Union
code of ethics to be observed by council of ministers to be
veterinary practitioners nominated by the Prime minister.
o To negotiate with institutions O Chief Executive Officer:
located in other countries imparting Appointed by Prime-minister for a
training in veterinary education for fixed tenure, in rank of Secretary
recognition of their qualifications on to Government of India.
reciprocal basis.
The objectives of the NITI Aayog are as follows:
o To regulate veterinary practice in the
country. ● To evolve a shared vision of national
o To advise the Central and the State development priorities, sectors and
Governments on all regulatory strategies with the active involvement of
matters concerning veterinary States.
practice and education. ● To foster cooperative federalism through
o To frame regulations structured support initiatives and
o To implement the provisions of the mechanisms with the States on a continuous
Act, and Rules and Regulations basis, recognizing that strong States make a
framed thereunder. strong nation.
● To develop mechanisms to formulate
NITI Aayog credible plans at the village level and
aggregate these progressively at higher
Why in news? levels of government.
● To ensure, in areas that are specifically
The Prime Minister has approved the re-constitution referred to, that the interests of national
of the National Institution for Transforming India security are incorporated in economic
(NITI) Aayog. strategy and policy.
● To pay special attention to the sections of
About NITI Aayog our society that may be at risk of not
benefiting adequately from economic
● The National Institution for Transforming progress.
India was constituted in 2015. ● To design strategic and long-term policy
● It is a policy think tank of the Indian and programme frameworks and
government which provides inputs initiatives, and monitor their progress and
regarding the different programmes and their efficacy. The lessons learned through
policies of the government. monitoring and feedback will be used for
● Composition: making innovative improvements, including
o Chairperson: Prime Minister necessary mid-course corrections.
o Vice-Chairperson: To be ● To provide advice and encourage
appointed by Prime-Minister partnerships between key stakeholders and
o Governing Council: Chief national and international like-minded think
Ministers of all states and Lt. tanks, as well as educational and policy
Governors of Union Territories. research institutions.
o Regional Council: To address ● To create a knowledge, innovation and
specific regional issues, entrepreneurial support system through a
Comprising Chief Ministers and collaborative community of national and
Lt. Governors Chaired by the international experts, practitioners and
Prime Minister or his nominee. other partners.
76

● It recommended filling up vacancies of bill

collectors and streamlining property
records, including digitised village maps, are
other measures that need to be put in place
World Bank’s Report on Panchayats to boost revenue from local sources.
● The paper recommends that greater
Why in news? authority in decision-making and to generate
The World Bank working paper reviewed key revenue should be given to Panchayats
findings from empirical studies done in the past on “rather than stripping them of power”.
various aspects of functioning of Panchayati Raj About the 73rd & 74th Amendment
Institutions (PRIs). ● The 73rd and 74th Amendments, by
constitutionally establishing Panchayati Raj
Key highlights Institutions (PRIs) in India, mandated the
● The World Bank working paper, titled ‘Two establishment of panchayats and
Hundred and Fifty-Thousand Democracies — municipalities as elected local governments.
A Review of Village Government in India’, ● This amendment incorporates Article 40 of
calls for more authority to panchayats. the DPSP, which implies that the 'State shall
● According to the paper, the Gram take steps to organise village panchayats and
Panchayats should be delegated more endow them with such powers and authority
authority and power to raise revenue from as may be necessary to enable them to
local taxes to make them more citizen- function as units of self-government.
oriented. ● These amendments added two new parts to
● The paper has asked for proper the Constitution, namely, Part IX titled “The
implementation of the 73rd Constitutional Panchayats” (added by 73rd Amendment)
Amendment Act of 1992. and Part IXA titled “The Municipalities”
o The 73rd Constitutional Amendment (added by 74th Amendment).
Act of 1992. provided for a three-tier ● The 11th Schedule, having 29 subjects,
Panchayati Raj system at the village, contains the powers, authority and
intermediate, and district level. responsibilities of Panchayats.
o The act has empowered states to ● The 12th Schedule, having 18 subjects,
take the necessary steps that would contains the powers, authority and
lead to the formalisation of the responsibilities of Municipalities.
village-level Gram Panchayats (GPs) ● The 73rd Constitutional Amendment Act
and help them operate as units of aspires to create a three-tier Panchayati Raj
self-governance. system(243B) that includes:
● The paper highlights that panchayats are not 1. Village-level Panchayats
quite independently functioning units. They 2. Block-level Panchayats
rely almost entirely on grants made by state 3. Panchayats at the district level.
and national authorities,” ● The 74rd Constitutional Amendment Act
● While state governments have devolved deals with the Constitution of
essential functions in sectors such as health, Municipalities(243Q) :
education, etc. to Panchayats, however, 1. Nagar Panchayat
financial powers to generate local revenue 2. Municipal Council
are limited. 3. Municipal Corporation.
● To strengthen local self-governance, the ● The Constitution 73rd and 74th Amendment
paper says, the ability of panchayats to self- Acts mandated the reservation of one-third
finance their activities is important. of seats for women in Panchayati Raj
 77

institutions and reservation of SC and ST citizens to provide feedback on the

according to their population. quality and completion of projects.
● The Constitution 73rd and 74th Amendment
Acts provided for the creation of the State About MPLADS?
Election Commission and State Finance
commission. ● Under this scheme, each MP gets an annual
● The performance of the PRI’s is harmed by grant of Rs. 5 crore to undertake
insufficient funding, political interventions, development works in their respective
little devolution of authority and services constituencies. This can include projects like
and bureaucratic interventions etc. building roads, schools, hospitals, drinking
water facilities, and other essential
MPLADS e-SAKSHI Mobile Application infrastructure.
● It was introduced in 1993.
Why in News? ● Initially, it was administered by the Ministry
The Ministry of Statistics and Programme of Rural Development. Currently, it is under
Implementation (MoSPI) launched the e-SAKSHI the Ministry of Statistics and Programme
Mobile Application for the revised fund flow Implementation (MOSPI).
procedure under the MPLAD Scheme.
The Annual Death Penalty Report, 2023
About e-SAKSHI application
● The MPLADS e-SAKSHI Mobile Application is Why in news?
an initiative by the Ministry of Statistics and The 2023 edition of 'Death Penalty in India: Annual
Programme Implementation (MoSPI) aimed Statistics' was released by Project 39A.
at streamlining the functioning of the
Members of Parliament Local Area Key highlights of the Annual Death Penalty
Development Scheme (MPLADS). Report, 2023
● The app acts as a digital platform for the ● Project 39A is a criminal justice initiative,
entire MPLADS project lifecycle, from based in the National Law University, Delhi.
proposal submission to completion and ● The Supreme Court and all the High Courts
monitoring. together — confirmed only one death
sentence in 2023 while the rest were either
● Benefits commuted or saw the prisoners acquitted
○ Online project proposal submission: altogether.
MPs can now submit project ● In 2022, HCs confirmed the death sentences
proposals directly through the app, of four convicts, five in 2021 and three in
making the process more efficient 2020. The dip was steep after 2019 when HCs
and transparent. confirmed death sentences of 26 convicts.
○ Real-time tracking of project ○ In the previous years, the numbers
progress: MPs can track the progress remained in a similar range: 23 in
of their projects at every stage, from 2018, 11 in 2017 and 16 in 2016.
sanctioning to completion, through ● Under Section 366 of the Code of Criminal
the app's dashboard. Procedure (CrPC), all death sentences
○ Geo-tagging of project locations: awarded by trial courts are to be confirmed
Projects are geo-tagged on the app, by the concerned HCs, although both the
allowing for easy monitoring and conviction and the quantum of sentence are
verification of their progress. examined by the first appellate court.
○ Social audit feature: The app has a ● According to the report, the Acquittal and
social audit feature that allows remand by the Supreme Court and the High
78

Courts in 2023 indicate significant concerns The Union Government released “Status of
with the quality of police investigations and Devolution to Panchayats in States – An Indicative
appreciation of evidence by lower courts in Evidence Based Ranking”
cases.
● The sole confirmation was recorded at the Key highlights
Karnataka HC, which, in May, agreed with
the death sentence awarded in a murder ● The report was prepared by the Indian
case. Institute of Public Administration.
● The report provides an in-depth analysis at
APAAR: One Nation One Student ID Card how well Panchayats are equipped to fulfill
their Constitutional roles in each State and
Why in news? highlights the work still needed to be done
The Union Minister of Education inaugurated the to fully function as institutions of local self-
National Conference on APAAR: One Nation One government
Student ID Card. ● States/UTs were ranked according to the
overall Panchayat devolution index as well
About APAAR as by each of the following six dimensions:
● The Automated Permanent Academic 1. Framework, Functions, Finances,
Account Registry (APAAR), known as the Functionaries, Capacity
‘One Nation, One Student ID,’ serves as an Enhancement and Accountability
Education Ecosystem Registry, often ● The report reveals that devolution has
referred to as an ‘EduLocker.’ increased from 39.9% to 43.9% between the
● APAAR is a transformative initiative period 2013-14 to 2021-22.
introduced in alignment with the National ● Top 10 States in Panchayat Devolution Index
Education Policy (NEP) of 2020 and the (DI Score > 55) are Karnataka, Kerala, Tamil
National Credit and Qualifications Nadu, Maharashtra, UP, Gujarat, Tripura,
Framework (NCrF). Rajasthan and West Bengal
● It aims to provide a unified and accessible ● With the score in between 50 and 55, Andhra
academic experience for students across Pradesh, Himachal Pradesh, Madhya
India by assigning a unique and permanent Pradesh, and Odisha, fall under the category
12-digit ID to every student, consolidating of 'medium scoring States, showcasing
their academic achievements in one place. commendable performance across all sub-
● The importance of the interconnectivity of indicators.
APAAR IDs, Academic Bank of Credit, and
Digilocker, creating ease of operations. Also Good Governance Index
connect other important digital assets like
Swayam, DIKSHA, etc. Why in news?
● APAAR helps in tracking the vast pool of 260
The Department of Administrative Reforms and
million students in the country.
Public Grievances (DARPG) has decided against
● APAAR linkage with the Holistic Progress
releasing the Good Governance Index (GGI) 2023.
Card, Vidya Samiksha Kendra.
More about the news
Report on Status of Devolution to
● According to the report, officials expressed
Panchayats apprehension that the 2023 data would
appear outdated if launched at the end of
Why in news? 2024. The government is now planning to
carry out the GGI exercise again and collect
fresh data.
 79

About the Index Pradhanmantri Sangrahalaya, and

Rashtrapati Bhavan.
● Good Governance Index (GGI) is a
● It aims to empower elected women
comprehensive and implementable
representatives from Scheduled Tribes from
framework to assess the State of Governance
Panchayati Raj institutions and enhance
across the States and UTs which enables
their knowledge of constitutional provisions,
ranking of States/Districts.
parliamentary procedures, and governance
● The objective of GGI is to create a tool which
to foster effective leadership.
can be used uniformly across the States to
assess impact of various interventions taken
Viksit Panchayat Karmayogi Initiative
up by the Central and State Governments
including UTs.
● The GGI was first published in December Why in news?
2019. The second index report was released
The Ministry of Personnel, Public Grievances and
in 2021 and expanded to 58 indicators,
Pensions launched the 'Viksit Panchayat Karmayogi'
incorporating new metrics based on
initiative.
feedback from the states.
● It assessed over 50 indicators across 10 About
development sectors, which were
agriculture and allied sectors; commerce ● Viksit Panchayat Initiative is a
and industry; human resource development; transformative project of “Mission
public health, public infrastructure and Karmayogi” aiming to strengthen the
utilities; economic governance; social capacities of Panchayati Raj Institutions
welfare and development; and judiciary & (PRIs) across India and enable them to make
public safety, environment, and citizen- a long lasting impact on the quality of
centric governance. governance and service delivery.
● This programme aligns with the
Panchayat Se Parliament 2.0 government’s broader mission to
decentralise governance and foster
Why in news? participatory decision-making at the
grassroots level.
Lok Sabha Speaker Shri Om Birla inaugurated ● The initiative is a part of the broader
Panchayat Se Parliament 2.0. ‘Prashasan Gaon Ki Aur’ campaign, aims to
enhance the capacity and competence of
About
panchayati raj institutions by equipping
● Panchayat Se Parliament 2.0 seeks to give elected representatives and officials with
insight into the Constitution and the tools and knowledge required for
parliamentary procedures to over 500 effective governance.
women representatives from Panchayati Raj
institutions from across the country. World Press Freedom Index (WPFI) 2024
● The programme will bring together 502
elected women representatives from Why in news?
Scheduled Tribes of 22 States and Union India ranked 159 among 180 countries in the latest
Territories, ensuring a diverse and inclusive annual World Press Freedom Index.
group, the Lok Sabha secretariat
● The programme will have workshops and Key Highlights
sessions, a guided tour of the new
Parliament House, Samvidhan Sadan,
80

● The report was launched at the 2024 World The Supreme Court mandated advertisers to provide
Press Freedom Day Global Conference being self-declarations ensuring they do not misrepresent
held in Santiago. or make false claims about products before
● It is an annual report released by the global promoting them.
media watchdog Reporters Without Borders
(RSF). About Supreme Court’s directions
● The index intends to reflect the degree of
freedom that journalists, news ● Self declaration: Advertisers should submit
organizations, and netizens have in each their self-declarations in line with the Cable
country, and the efforts made by authorities TV Network Regulations Rules of 1994.
to respect this freedom. ● Cable TV add: Advertisers intending to run
● India's position has seen a slight advertisements in TV channels should upload
improvement moving from 161 in 2023 to 159 their self-declarations on the Information
among 180 countries in 2024. and Broadcasting Ministry’s ‘Broadcast
● The report noted that the violence has Seva’ portal. A copy should be given to the
increased between 2009 and 2023, with 249 broadcaster also.
attacks reported. The numbers dropped to ● Print advertisers: The Ministry should open
215 between 2014 and 2018. But it showed a a similar portal for print advertisers in four
stark increase with 305 attacks recorded weeks.
between 2019 and 2023. ● Deceptive advertising: The social media
● The report shows the highest number of influencers, celebrities and public figures
killings in Asia and the Pacific region. promoting products should act with a sense
● The study found that these attacks came of responsibility and must take care to not
from state machinery such as the police, be a part of “deceptive advertising”.
military forces, government officials, ● Consumer protection: The court instructed
employees and local authorities. the Centre to establish a clear procedure for
● The attacks from state actors spiked consumers to report misleading ads and
significantly from 111 between 2014 and ensure transparent communication on
2018 to 174 attacks between 2019 and 2023. actions taken.
● The nature of attacks included physical
About Misleading Advertisements
assaults, harassment, arbitrary detentions,
including criminal charges pressed against ● According to consumer protection act of
reporters, imprisonment, defamation among 2019, any advertisement or promotion
other legal attacks. through Television, Radio, or any other
electronic media, Newspapers, Banners,
About RSF
Posters, Handbills, wall-writing etc. to
● RSF is an international NGO whose self- misrepresent the nature, characteristics,
proclaimed aim is to defend and promote qualities or geographic origin of goods,
media freedom. services or commercial activities so as to
● It is headquartered in Paris, it has mislead the consumer could be broadly
consultative status with the United Nations. defined as a misleading advertisement.

Regulation of Misleading Advertisements Analysis report of candidates of 2024 Lok

Sabha Election
Why in news?
Why in news?
 81

Association for Democratic Reforms (ADR) and Delhi local bodies, and public sector banks
National Election Watch released a survey in 2023.
containing an analysis report of candidates of the ● The annual report of CVC also covered the
2024 Lok Sabha election. tax officials and employees of various
ministries.
Key highlights of the survey
● As per the report, out of the total
● The Association for Democratic Reforms complaints, 85,437 have been disposed of
(ADR) and National Election Watch have and 29,766 are still pending.
conducted a comprehensive analysis of the
self-sworn affidavits of 8,337 candidates About Central Vigilance Commission
vying for seats in the upcoming Lok Sabha
● The Central Vigilance Commission (CVC) is
2024 Elections.
an apex governmental body in India,
● According to an analysis, there has been an
responsible for promoting integrity,
increase of 104% in the number of political
transparency, and accountability in the
parties contesting Lok Sabha elections from
country's public administration.
2009 to 2024.
● It was established in 1964 as a result of the
o 751 political parties are participating
recommendations of the Santhanam
in 2024 as compared to 677 who
Committee on Prevention of Corruption.
participated in 2019, 464 in 2014,
● It is headed by the Central Vigilance
and 368 in 2009.
Commissioner.
● Out of the total 8,360 contesting candidates,
● The Central Vigilance Commissioner and the
the breakdown reveals a diverse landscape
Vigilance Commissioners are appointed by
of political representation: 1,333 from
the President of India on the basis of the
national parties, 532 from State parties,
recommendation of a committee
2,580 from registered unrecognised parties
consisting of:
and 3,915 independent candidates.
1. Prime Minister as Chairmen of the
● The analysis also sheds light on the
Committee.
prevalence of criminal cases among
2. The Minister of Home Affairs as a
candidates.
member of the committee.
● Independent candidates fall in between with
3. Leader of the Opposition in the
550 out of 3,915 candidates facing criminal
House of the People as member of
cases and 411 facing serious charges.
the committee.
● Additionally, the analysis reveals financial
● The Central Vigilance Commissioner shall
assets of the candidates with 2,572 out of all
hold office for a term of four years from the
8,337 candidates being crorepatis or
date on which he enters upon his office or
millionaires.
till he attains the age of sixty-five years,
CVC Report on Corruption whichever is earlier.

Roles & Functions

Why in news?
● The mandate of the Commission is laid
Central Vigilance Commission (CVC) revealed the
down in the CVC Act, 2003.
findings in its annual report on corruption.
● The Central Vigilance Commission is
Key highlights mandated to combat corruption and
ensure integrity in administration and
● CVC report shows highest corruption public services.
complaints against railway employees,
82

● The Commission’s focus is on creating an ● The ILP system is based on the Bengal
efficient vigilance administration across Eastern Frontier Regulation (BEFR) of
organizations, with an aim towards a 1873, which established an "inner line" to
transparent, ethical, objective, accountable limit movement in certain areas.
and responsive system of governance. ● The main aim of the ILP system is to prevent
● Jurisdiction: settlement of other Indian nationals in the
1. Members of All India Services, States where the ILP regime is prevalent,
central government departments, in order to protect the indigenous/tribal
organizations, PSUs, and population.
autonomous bodies under its ● The Inner Line Permit system in no way
purview. curtails a person’s freedom of movement,
2. The Commission also conducts it is only a system to prevent any kind of
preliminary inquiry into the harm to the peace-loving tribes of the North
complaints referred by Lokpal in Eastern States.
respect of Gr. A, B, C& D officials. ● The ILP system is currently in place in
3. The Commission may also cause an Arunachal Pradesh, Nagaland, Mizoram,
inquiry into complaints received and Manipur.
under the Public Interest Disclosure
and Protection of Informers’ (PIDPI) Enemy property
Resolution and recommend
appropriate action thereof. Why in news?
● The Commission further exercises A parcel of land in Uttar Pradesh falling under
superintendence over the functioning of enemy property has been auctioned.
the Delhi Special Police Establishment
(CBI) insofar as it relates to the investigation About
of offences under the Prevention of ● Enemy property is property in India that was
Corruption Act, 1988; left behind by people who moved to
● The appointment of the officers to the Pakistan or China after the 1962 India-
posts of the level of Deputy Director and China war and the 1965 and 1971 India-
above (including the Director) in the Pakistan wars, and took citizenship of
Directorate of Enforcement shall be those countries.
overseen by CVC. ● The Government of India is the custodian
of enemy property, it is managed by the
Inner Line Permit Custodian Of Enemy Property, a
department under the Union Ministry of
Why in news? Home Affairs.
Nagaland government has announced the extension ● The Enemy Property Act of 1968 regulates
of the Inner Line Permit (ILP) system to the newly and appropriates property owned by
formed districts. Pakistani nationals in India.
● The Enemy Property Act was amended in
About ILP 2017 to ensure that heirs of people who
● An Inner Line Permit (ILP) is an official moved to Pakistan or China during partition
document that allows Indian citizens to have no claim to the property left behind in
travel into a protected or restricted area India.
for a limited time. The permit is issued by ● Uttar Pradesh has the highest number of
the state government of the area being enemy properties, followed by West
visited. Bengal.