29 December 2024 02:44

INDIAN CONSTITUTION
29 December 2024
01:53

HISTORICAL UNDERPINNINGS

1. COMPANY LAWS
2. CROWN LAWS CONSTITUENT ASSEMBLY
3. ASPIRATION DOC.
4. INTERNATIONAL ASPIRATION

GOI ACT 1909BEGINNING OF GOI ACT 1919

PARLIAMENTRY SYSTEM IN INDIA
MORLEY MINTO REFORMS MONTAGUE CHELMSFORD REFORMs
ENACTED IN CONTEXT OF INTRO OF DYARCHY AT STATE
1. RISE OF EXTREME NATIONALISM 1. EXECUTIVE COUNCIL ---BRITISH
2. DEMAND FOR REPRESENTATION IN GOVT BY 2. LEGISLATIVE ASSEMBLY---FROM WHERE MINSTER
MODERATES ELECTED

RECOGNISED PRINCIPLE OF ELECTION TO BOTH CENTRAL SOLIDIFIED THE FEDERAL STRUCTURE OF INDIA
AND STATE PROV. COUNCIL

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AND STATE PROV. COUNCIL
1st TIME INDIAN WAS MADE MEMBER OF EXECUTIVE GOVERNER TO WORK ON ADVICE OF COUNCIL OF
COUNCIL AT CENTRE--DR SATYENDRA SINHA MINISTER (BUT CAN REJECT)
SEPARATE ELECTORATE FOR MUSLIMS 10 YR REVIEW (SIMON)
LIMITATIONS FOR VOTE AMBEDKAR REFFERED IT AS BRITISH CONSTITUTION OF
INDIA
THE CONSTITUTIN PROBLEM OF INDIA ---->BRITISH
UNDERPLATE THIS &THEY THOUGHT OF LEGISLATIVE
COUNCIL AS DARBAR THAN THAT OF PARLAIMENT --->
BUT ONE CAN SAY THIS THAT GOI ACT 1909 WAS
BEGINNING OF PARLIAMENTRY SYSTEM OF GOVT IN
INDIA

[Link] ACT 1935

Most significant legal & political milestone based on recommendation of committee led by LORD
LINLITHGOW & due to objections raised by INC for GOI act 1919 demanding full responsible govt.

Broad Structure Proposed by the Government of India Act, 1935:

● All India Federation = British Indian Provinces + Princely States

HOW IT CONTRIBUTED TO FEDERAL STRUCTURE

1. Federation proposed with British provinces and princely states. Option given to join --->India- “Union of
states” & “Indestructible states”
2. Provincial autonomy introduced & Governor's power to dismiss council of ministers and take control of
administration and abolition of dyarchy--->States are autonomous but Ar 356 in case of breakdown of
constitutional machinery
3. Written constitution --1935 act
4. Independence of judiciary --Federal court estd---> supreme court
5. Division of power-- federal(Reserved Subjects + Transferred subjects) /provincial/concurrent list-->union
/state / concurrent list
6. Defined nature of centre state relation --gave more power to centre than state
7. State representation at centre--Council of states at the centre where 104 out of 260 represented princely
states--->Rajya Sabha representing the states

IMPACT
• INTRO OF FEDERAL STRUCTURE
• SEPERATION O FPOWER OF STATE AND CENTRAL GOVT
• INCREASED SPERATE ELECTORATE --DIVISIVE IN NATURE
• EXTENDED RESERVATION FOR WOMEN AND DEPRESSED CLASSES
• PROPER 1st PAST THE POST ELECTION IN 1937
• INCREASED FRANCHISE
• Separate electorates for Muslims, Sikhs, now extended to Anglo Indians and Christians as well.

ISSUES
● Only the British Parliament could amend the Act of 1935.
● Religion-based separate electorates.
● Only people with property could vote.
● Similar to today's emergency powers, the Governor could take control of the provinces.
● Arbitrary discretionary powers to the Governor.
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● Arbitrary discretionary powers to the Governor.
● 40% provincial budget part was non-votable and under the Governor.
● 80% of the central budget was non-votable and under the Governor-General.
● Important subjects at the Centre under the reserved list under Governor General (defence, foreign affairs).
● Absolute veto powers to the Governor General.
● Objections from multiple stakeholders:
○ Muslim leaders felt the All India Federation would be unitary & favoured Hindu domination. ○
Congress objected to the 1/3 seats proposed at the Centre level for the princely states.
○ The princely states did not want to surrender their autonomy to such an extent.

CONC--A significant chunk of our Constitution, are borrowed from the Act. "The Act was a means of
continuation of British control of India and deflection of the challenges to the Raj posed by Gandhi, Nehru,
and the nationalist movement" - Andrew Muldoon.

[Link] underpinning
1. Regulating act, 1773 prohibited company civil servants from engaging in private trade or accepting gifts,
etc.
2. Charter act of 1833, for the first time called the Governor General’s government as the Government of
India.
3. Charter Act of 1853 introduced open competition for selection and recruitment of civil servants. This was
also open to Indians.
4. Indian councils act, 1861 introduced a grain of popular element by including some non-official members
in the executive council while transacting legislative business like legislative council. It also empowered the
Viceroy to issue ordinances and also gave recognition to the portfolio system.
5. Indian councils act, 1892 gave the legislative councils the power of discussing the budget and addressing
questions to the executive.
6. An element of election was introduced for the first time in Indian Councils act of 1909. The 1909 act
introduced a system of communal representation for Muslims by accepting the concept of separate
electorate.
7. 1919 act demarcated the central and provincial subjects. Provincial budget was separated from the
Central budget. Through the GOI Act of 1919, bicameralism was introduced at the centre. The concept of
direct elections was introduced in the 1919 act. 1919 act provided for the establishment of Public Service
Commission (PSC). Accordingly the Public Service Commission was set up for recruiting civil servants.
8. Under Poona pact of 1932 there shall be seats reserved for the depressed classes out of general electoral
seats in the provincial legislature.
9. 1935 act prescribed a federation and established a responsible Government at the centre. 1935 act
also divided powers into federal, provincial and concurrent list

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 INSPIRATIONAL DOCUMENTS

1. Swaraj bill
2. Commonwealth of India Bill 1925
3. The Revolutionary --Ram Prasad Bismil - FR,DPSP, FD, Right about
leader of Hindustan Socialist Republican Association (HSRA) Edu, expression, equality,
4. Constitution of Free India 1944--MN Roy

[Link] OF INDIAN CONSTITUTION

 The Indian Constitution is one of the longest and most detailed written constitutions in the world

Salient Features of Indian Constitution

• Lengthiest Written Constitution of the world.
• Drawn from Various Sources most provisions from the GOI ACT of 1935 & constitution of other
countries e.g.
a. From the American Constitution: Written Constitution ,FR,SC,JR
b. From Australian Constitution: Concurrent List, Cooperative federalism
• Blend of Rigidity and Flexibility – rigid (federal distribution of power, amendment require special
procedure) and flexible (amended by simple majority).
• Parliamentary System: Cooperation between legislature & executive, inspired by the British model
• Independent Bodies: Autonomous institutions for democracy.
• Judiciary’s Balance: Parliamentary sovereignty balanced with judicial review.
• Revolutionary: Breaks colonial legacy, promotes democracy, secularism, and social justice.
• Affirmative Action: Reservations for SCs, STs, and OBCs to uplift weaker sections.
• Lawyer’s Paradise: Complex framework leading to litigation and amendments.
• Uniform Administration: Ensures equality and national integration. E.g. Integrated judiciary, uniform laws, All
India Services.

Significant provisions of the Indian Constitution

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 Significant provisions of the Indian Constitution
At present, it contains 448 articles(395-O) in 25 parts(22-O), 12 schedules(8-O), & 105 amendments (out of 127
Constitution Amendment Bills).

• The Preamble-India as Sovereign, Socialist, Secular, Democratic Republic with an elected head of state.
• Fundamental Rights (Part III):6 rights, including equality, freedom, and religious rights, with reasonable
restrictions.
• Fundamental Duties (Part IV-A)-Civic duties for citizens, not legally enforceable.
• DPSP (Part IV):Social and economic rights for welfare state, non-justifiable.
• Single Citizenship: Uniform rights for all citizens.
• Federal with Unitary Bias: Federal structure with strong central traits
• Parliamentary Form of Government: Executive accountable to Legislature (Article 75).
• Local Self-Government: Panchayati Raj for decentralized governance (73rd, 74th Amendments)
• Integrated Judiciary: Unified, independent courts for central and state laws, with SC at top
• Universal Adult Franchise (Article 326)-Voting rights for all citizens above 18
• Special Attention to Scheduled Areas and Tribes: Provisions for cultural protection and local governance in
specific regions.
• Emergency Provisions (Articles 352-360)-Centralizes power during crises

[Link]
Article 368 of the Constitution of India outlines the procedure for amending the Constitution

• 1st Amendment (1951)

• Empowered the state to uplift backward classes.
• Added the Ninth Schedule to protect land reforms from judicial review.
• 7th Amendment(1956)
• Reorganisation of states on linguistic basis,
• Abolition of Class A, B, C and D states and Introduction of Union Territories
• 42nd Amendment (1976)
• Added "socialist," "secular," and "integrity" to the Preamble.
• Introduced FD (Part IV-A).
• 323A(adm. Tribunal) and 323B(other Tribunals)
• Froze the seats in Lok Sabha and State legislative assemblies
• Restricted judicial review of constitutional amendments.
• Created All India Judicial Services and administrative tribunals.
• 44th Amendment (1978)
• Restored Lok Sabha and Assembly term to 5 years.
• Replaced "internal disturbance" with "armed rebellion" for national emergency.
• Removed the right to property from Fundamental Rights.
• Restored judicial power during national emergency (Articles 20 and 21).Replaced the word “internal
disturbance” with “armed rebellion”. It made president to declare national emergency only on written
recommendation of cabinet. Duration of national emergency should not be extended more than 6 months
at a time. Also made certain procedural safeguards with respect to national emergency and President's rule
• Constitutional protection to publication in newspaper of the proceedings of the Parliament and State
Legislatures.
• It restored the power of judicial review of election of president, governors and LS speaker.
• Empowered president to send back advice of council of minister for reconsideration.
• 69th Amendment (1991)
• Delhi became a National Capital Region with a Legislative Assembly and council of ministers.
• 73rd Amendment (1992)
• Added Part IX & 11th sch. for PRI.
• 74th Amendment (1992)
• Granted constitutional status to urban local bodies, added Part IX-A & 12th Schedule.
• 86th Amendment (2002)
• Right to Education for children aged 6-14 and early childhood care until age 6 (Ar-21A).
• 91st Amendment: Anti-defection law.
• 93rd amendment: Provided for 27 percent reservation for OBCs in government as well as private higher

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• 93rd amendment: Provided for 27 percent reservation for OBCs in government as well as private higher
educational institutions.
• 101 Amendment(2016): GST
• 102 Amendment(2018):Constitutional status to NCBC
• 103 Amendment(2019):10% reservation to EWS
• 104 Amendment(2020):discontinued the reserved seats for the Anglo-Indian community. Extends the
reservation of seats by 10 years in the Lok Sabha and State Legislative Assemblies for SCs STs.
• 105 Amendment(2021): Restored the power of the State Governments and Union Territories to identify and
specify Socially and Economically Backward Classes.
• 106 Amendment(2023):Reserves one-third of all seats for women in Lok Sabha, State legislative assemblies and
the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs

[Link] intro of constitution

• Eminent jurist N.A. Palkhivala has called it the ‘Identity Card of the Constitution’. Similarly, K.M. Munshi has
described it as the ‘Political Horoscope of the Constitution’

Components or basic tenets of the Preamble

• Source of authority for the Constitution – The Preamble states that the Constitution derives its
authority from the people of India.
• Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular Democratic, and
Republican Polity.
• Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternity as the
objectives.
• Date of adoption of the Constitution – It stipulates November 26, 1949, as the date of its
adoption.

Objectives
Sovereignty: signifies the independent & supreme authority of the Indian state.
Socialist: ensures equitable resource distribution and economic equality through democratic socialism, where
both public and private sectors coexist.
Secular: emphasizes the principle of religious neutrality and the separation of religion from the affairs of the
state.
Democratic: underscores the principle of government by the people, for the people, and of the people.
Republic: signifies that the head of the state (the President) is an elected official, not hereditary monarch
justice: signifies the commitment of the Indian state to ensure social, economic, and political justice for all its
citizens.
Liberty: liberty of thought, expression, belief, faith and worship" to all citizens
Equality: The Preamble assures the "equality of status and opportunity" to all citizens.
Fraternity: reflects the aspiration to strengthen a sense of unity and brotherhood among the diverse
peoples of India.

Significance
Guiding Principles: for interpreting constitution
Unity in Diversity: Promotes unity among India’s diverse groups through fraternity.
Constitutional Identity: Defines India’s identity & sets the tone for the entire legal framework,, like sovereignty
in foreign policy.
International Influence: Mirrors global values like justice, liberty, and equality.
Guarantees Fundamental Rights: Ensures justice, liberty, equality, and fraternity for all citizens.
Promotes Social Harmony: Aims to foster a just, inclusive, and harmonious society.
Reflects ideals: Articulates the aspirations and moral compass of the people of India.

CASE LAWS
• Berubari Union Case (1960): Preamble is key to mind of constitutional father but not part of the Constitution
and cannot be used for interpreting its provisions.

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 and cannot be used for interpreting its provisions.
• Kesavananda Bharati Case (1973): Preamble an integral part of the Constitution, serving as a key to interpret its
provisions, but not a source of substantive powers.
Preamble can be amended U/A 368, as long as the "basic structure" of the Constitution remains intact.
• LIC of India Case (1995): reaffirmed the Preamble as part of Constitution, cannot be directly enforced in court.
• Nakara VS UOI(1983): Indian socialism= aimed at achieving social and economic justice, in line with the
Preamble’s commitment to equality and justice for all.

[Link] STRUCTURE
• No mention in constitution ---judicial doctrine
• places restrictions on amending certain essential or basic principles embedded in the Constitution
• great lawyer Mr. Nani Palkiwala credited with persuading the SC to formulate the doctrine of Basic Structure

What is the rationale behind the doctrine of Basic Structure?

● Based on the theory of implied limitation
● Parliamentary powers to amend the constitution must be subject to certain conditions or
● ensures the essence and purpose of written constitutions and constitutionalism to be intact.
● upholds the tenets of Rule of Law.
● “It balances the power of the Parliament to amend the Constitution and the Supreme Courts Power of judicial
review of those amendments” - Justice Ashok Ganguly, Landmark Judgements that changed India

relationship between basic structure and constitutionalism

• Constitutionalism refers to the idea of limiting the powers of the State through constitution so that the
executive does not trample on the rights of the citizen through arbitrary laws
• Constitution is a living from of constitutionalism
• Constitutionalism ensures that the rule of law prevails in the country
• Constitution is a doc. Framed in 1950 but constitutionalism is evolving so rights and duties of people are also
evolving. Thus constitution is mere skeleton which provides structure of rights, duties, roles of different
institutions.
But constitutionalism is soul of democracy
-ensures free &fair election. E.g. Ar 324 independent ECI
-helps in putting the provision of const. into use. E.g. DPSP into laws
-ensures equality among citizen. E.g. 103 amendment - reservation for ews

• The basic structure doctrine prevents Parliament from amending essential parts of the Constitution.
• By restricting unlimited amendment power, it ensures the Constitution’s core values remain intact, thus
upholding constitutionalism.

What is the relationship between basic structure and Rule Of Law?

• A.V. Dicey in ‘Introduction to the study of the Constitution’ in 1885 identified three
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• A.V. Dicey in ‘Introduction to the study of the Constitution’ in 1885 identified three
essentials of Rule of Law
• Absence of Arbitrary Power, Equality before Law, and Predominance of Legal Spirit.
• The basic structure doctrine limits Parliament’s amending power, preventing arbitrariness.
• It recognizes judicial review as essential, reinforcing Predominance of Legal Spirit and the Rule of Law.

Evolution of this Doctrine

Shankari Prasad & Sajjan Singh (1967) Case, 1951- FR can be amended under Ar368, CAA≠term
‘law’ in Article 13=13 ordinary law
Golak Nath Case, 1967- FR can't be amended ,CAA=Ar 13, seed of basic str
24 CAA, 1971-Parliament can take away any FR under Ar 368,such CAA not law under Ar 13
25 CAA, 1971-Added AR 31© --DPSP 39bc>>14,19,31; xJR
29 CAA, 1971-added land reform laws to 9th schedule
Kesavananda Bharati Case, 1973-upheld 24,25(except jr), 29 CAA, new Doctrine of the Basic
Structure, parliament under Ar 368 can't amend basic str., parliament can amend FR; JR -basic str
42 CAA, 1976-All dpsp>>FR--beyond JR ;Under Ar 368 -no limitation on the constituent power of
Parliament. ,
44 CAA, 1976-Right to property -❌FR; JR✔; DPSP>>14,19
Minerva Mills Case, 1980-reaffiermed basic str, 39bc>>14,19
Waman Rao Case, 1981-baisc str applies to all CAA & laws added to 9th schedule after kesavananda
i.e. 24 april 1973
IR Coelho (2006)- JR of pre 1973 additions to 9th schedule as well

• Thus, the present position is that the Parliament under Article 368 can amend any part of the
Constitution, including Fundamental Rights, but without affecting the Basic Structure of the Constitution.
• In the NJAC Case, the 99th CA, 2014 was struck down upholding Independence of Judiciary as Basic Structure

What is in basic structure

1. Supremacy of ©ion- Kesavananda Bharti v. State of Kerala (1973) SR Bommai v. Union of India (1994)
2. Rule of Law- Indira Gandhi v. Raj Narain (1975) Indira Sawhney v. Union of India (1993) IR Coelho v. State of
Tamil Nadu (2007)
3. Federalism- Kesavananda Bharti v. State of Kerala (1973) SR Bommai v. Union of India (1994)
4. Limitations of amending power under Art 368- Minerva Mills v. Union of India (1980)
5. Secularism-Sri Adi Visveswaraya of Kashi Vishwanath Temple, Varanasi v. State of UP (1997)
6. Principle of free and fair elections- Kihoto Hollohan v. Zachillu (1993)
7. Parliamentary Democracy & Multi Party Systems - Kuldip Nayar v. Union of India (2006)
8. Effective Access to Justice -Central Coal Fields v. Jaiswal Coal Co. (1980)
9. Independence of Judiciary --SC AoR Assn. v. Union of India (1994)

What has been excluded in the Doctrine of Basic Structure?

1. Amendment taking away a FR -Sankari Prasad Singh Deo v. Union of India (1951)
2. Art 334 amendment via 45 CA 1978 - reservation for SC ST
3. Art 31A (1st CA, 1951) -Acquisition of estates, attempts to remove inequalities in the matter of agricultural
holdings (Waman Rao v. UoI, 1981)
4. Art 105(2) -rights and immunities under Art 105(2) cannot be elevated to basic str
5. Fifth Schedule and amendments
6. 323A (Tribunals) via 42nd CA, 1976 Takes away service matters jurisdiction from HC and Civil Courts

Significance of basic structure

1. Reinforces judicial review, ensuring the Constitution’s supremacy
2. Ensures Stability and Consistency of legal system
3. Protects Fundamental Rights & safeguards individual liberties and promotes social justice.
4. Prevents Authoritarianism
5. Upholds judicial supremacy to prevent unconstitutional changes.
6. Maintains separation of powers among executive, legislature, and judiciary
7. Ensures judicial review to strike down unconstitutional amendments.
8. Safeguards fundamental rights from being diluted.
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 8. Safeguards fundamental rights from being diluted.
9. Preserves the balance of federalism between Union and States.

CRITICSMS
• No Constitutional Basis: Not defined in the Constitution, seen as rewriting it without amendments.
• Encroachment of Power: Gives judges undue power over elected legislature.
• Undemocratic: Undermines democracy by limiting elected representatives' authority.
• No Definition: Lacks clear criteria, leading to subjective decisions.
• Supreme Control: Transforms judiciary into a decisive chamber of Parliament.

Can Basic Structure Doctrine be amended or diluted?

would have been possible Pre Minerva Mills but post, the limited power to amend the Constitution is itself Basic
Structure

BSD gone global- Portugal and Greece's constitution has listed out all their un-amendable provisions
Australian courts have also recognised the limitations on the law-making powers of the parliament

[Link] RIGHTS
Articles 12 to 35 in Part III are FR, which are justifiable in nature i.e. can be enforced in courts .
Part III is called Magna carta of India. They promote the idea of political democracy.

1. Right to Equality (Articles 14-18)

2. Right to Freedom (Articles 19-22)
3. Right against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32)

 ONLY TO CITIZEN 15,16,29,30

Features
• Some rights are for citizens, others for all persons.
• Rights are qualified, allowing reasonable restrictions.
• Protect against state action, some apply to private individuals.
• Rights are negative (limit state power) or positive (grant privileges).
• Courts enforce rights; Supreme Court safeguards them.
• Rights can be amended, but not beyond the basic structure.
• Articles 20, 21 remain during emergencies; others can be suspended.
• Parliament can restrict rights for armed forces, police forces ,intelligence agencies (Article 33) and during
martial law (Article 34).
• Only Parliament can legislate rights (Article 35).

# Articles 31A, 31B, and 31C are exceptions to FR because they impose restrictions on the right to property,
rather than granting FR
# concept of equality before law is a part of rule of law
EXCEPTIONS
# Article 361 - immunity to President, Governors, & Rajpramukhs from civil and criminal proceedings while in
office.
# Article 105 - grants privileges and immunities to the Parliament, its members, and committees

CRITCISM
• Excessive Limitations reduce their scope and effectiveness.
• No Social or Economic Rights like social security, employment, and leisure.
• Lack of Clarity: Vague terms like 'public order' and 'reasonable restrictions' lack definition.
• No Permanency: Parliament can amend or abolish rights, as seen with the right to property in 1978.
• Suspension in Emergency: Rights, except Articles 20 and 21, can be suspended, threatening democracy.
• Expensive Remedy: Costly judicial processes hinder access to justice for common people.

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 • Expensive Remedy: Costly judicial processes hinder access to justice for common people.
• Preventive Detention: Article 22 allows excessive state power, compromising individual liberty.
• Inconsistent Philosophy: Rights lack a clear ideological basis, complicating judicial interpretation.

Article 21 of the Indian Constitution states that no person can be deprived of their life or personal liberty except
in accordance with the procedure established by law
Article 35 gives Parliament the exclusive power to make laws to enforce FR (Ar 16(3),32(3), 33,34)

K.S. Puttaswamy judgment also k/as the Right to Privacy verdict, 2017t estabd right to privacy as FR

A.K. Gopalan v. State of Madras

The court narrowly interpreted Article 21 of the Constitution, limiting personal liberty to physical freedom. The
court also held that Articles 14, 19, and 21 were separate and unrelated. ---no protection against legislative
action

Maneka Gandhi v. Union of India

The court expanded the interpretation of Article 21, holding that the procedure for depriving a person of life and
personal liberty must be fair, reasonable, and just. The court also established a relationship between Articles 14,
19, and 21, holding that laws affecting personal liberty must meet the standards of these articles---introduces
due process of law
AR 14,19,21-golden triangle rule

(I) Article 12 defines the term "State" in Part III of the Constitution, which covers FR. The article states
that the term "State" includes:
• The Government and Parliament of India
• The Government and Legislature of each state
• All local or other authorities within India
• Authorities under the control of the Government of India
(II) ARTICLE 13 declares that any law that is inconsistent with or in derogation of any of the fundamental rights
shall be void. Thus, it expressively provides for the doctrine of judicial review.
LAWS UNDER ARTICLE 13 & DECLARED AS UNCONSTITUITIONAL
• Triple Talaq (Instant Divorce)-The Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalizes it
• Decriminalization of Section 377 -That criminalised homosexuality
SC in Navtej Singh Johar v. Union of India (2018) decriminalized consensual same-sex relations, promoting
LGBTQ+ rights under personal law
• Sabarimala Verdict: Addresses gender discrimination in religious practices.
• Women's Right to Property: equal property rights for women under Hindu Succession Act

(III) ARTICLE 14--The State shall not deny to any person Equality before Law or Equal Protection of Law within the
territory of India.
Decriminalization of Adultery (Joseph Shine v. Uoi, 2018): Section 497 of the IPC, which criminalized adultery,
declared unconstitutional. The court held that the law discriminated against women, violating their right to
equality under Article 14
Reservation for EWS Case (2022): Upheld validity of the 103rd CAA, which introduced 10% EWS reservation ,As it
did not violate the basic structure of the Constitution, aligning with the principle of equality

(IV) Article 15 Prohibition of discrimination on certain grounds)

The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of
birth or any of them
No citizen shall be subject to any disability, liability, restriction or condition on grounds only of religion, race,
caste, sex, place of birth or any of them
Exceptions: Special provision for women and children, for the advancement of any socially and educationally
backward classes of citizens or SCs & STs

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 RESERVATION POLICY IN INDIA
Current - SC (15%), ST (7.5%), OBC (27%), PwD (3%) and EWS (10%).
MANDAL COMMISION
• 2nd backward classes commission appointed by Morarji Desai govt in 1979
• U/A 350 to investigate condition of SEBCs and to suggest measures for their advancements\
• Recommendation -27% reservation for OBCs
total reser. SC/ST/OBC- 50%
Indra Sawhney case(1992) -Mandal commission case --50% cap on reser.
– 27% resr. For obc
– excluded "creamy layer" within OBC(ramnandan committee)
– NCBC as statutory body

RESERVATION WF
Sub-categorization of OBCs: Implement Rohini Commission recommendations for equitable benefit distribution.
Strengthen EWS Criteria: Improve economic-based quotas for fairer representation.
Periodic Review: Use socio-economic surveys for data-driven policy adjustments.
Strengthen Post Matric Scholarships for SC/ST for education and skill development.
Promote Atal Innovation Mission for merit-based opportunities and entrepreneurship.
Periodic Review: Justice Bela Trivedi calls for revaluation of reservations after 75 years as a progressive reform.

ARTICLE 19
• NOT ABSOLUTE -restriction apply in interest of sovereignty, public order, morality, or India's integrity.
• Freedom of Movement:
Internal movement – Protected by Article 19.
External movement – Protected under Article 21.
• In R.C. Cooper vs. UOI 1970 Article 19 is available only to Citizens and against the actions of the State
• Maneka Gandhi v. Union of India (1978): Expanded "personal liberty" to include freedom of movement and
speech, subject to reasonable restrictions.
• Shreya Singhal v. UOI (2015): Invalidated Section 66A(which criminalized offensive online messages) of the IT
Act for vagueness and violating free speech.
• Indian Express Newspapers v. UOI(1985): Held that free speech can't be limited solely due to public disorder
risks or government criticism.
• R. Rajagopal v. State of Tamil Nadu (1994): Affirmed the right to information as part of free speech under Article
19(1)(a).

• Freedom of Press

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• Freedom of Press
• Significance
○ Essential in a Democratic Framework and Holds the government accountable.
○ Educates & informs citizens for better decision-making.
○ Facilitates Debate: Encourages diverse views and discussions.
○ Exposes violations and defends rights.
○ Highlights corruption and ensures transparency
• Romesh Thapar vs State of Madras(1950)- freedom of speech include Freedom of press
• Brij Bhushan vs state of Delhi (1950)- pre-censorship on publications violates the freedom of the press, an
integral part of the right to freedom of speech and expression under Article 19(1)(a).
• Vinod Dua v UoI- SC ruled that the freedom of the press is the "heart of social and political intercourse"
• Sakal Papers v. UoI (1962)- states cannot make laws that violate the freedom of speech and expression.

• SPEECH& EXPRESSION- DISSENT

[Link]-organised,semi organised, collective discontentment against an issue
• Overlaps with peaceful assembly W/O arms & from union/asson./coopn
• Ramlila Maidan Incident vs. Uoi (2012):implied FR

[Link]-not FR(TK Rangarajan case(2003))

Though recognised by ILO,UDHR

[Link]
• CONTEXT:AS per IPC sec124 Inciting hatred, contempt, or disaffection against the government by words, signs,
or representations is punishable
• Section 124A of the Indian Penal Code penalizes a crime against the state
• Sec 150 of BNS enhances scope of sedition
• S.G. Vombatkere v UoI (2022): ordered a halt on all proceedings and registering of fresh cases, granted the Union
time to re-examine the law,
• Kedarnath v. State of Bihar (1962): Upheld the constitutionality of the Sedition Law

Law Commission Recommendations

• Clarify vague language in Section 124A as per Kedarnath judgment.
• Installing a New Procedural Safeguard Inspector to conduct a preliminary inquiry before FIR
• Increasing the term of punishment: 3 yrs to 7 yrs Life
• Inserting New Words in the Provision: Tendency to incite violence or cause public disorder'

Justifications for Retaining Sedition Law:

• Social media propagation of radical thoughts, often influenced by foreign adversaries.
• Covers public order and incitement to offences.
• Without it, special laws with more stringent provisions may apply.
• Countries repealing sedition laws have integrated them into treason or counter-terrorism laws.
• Colonial legacy alone is not a valid basis for repeal.

Arguments in Favor of Repealing Section 124A

• Colonial Legacy & is outdated in free, democratic India
• Chilling Effect on Free Expression
• Curtailment of Basic Human Rights -Violates freedom of speech and expression (Article 19)
• Misused by govt to stiffle dissent & criticism
• Sharp rise in cases (28% between 2014–2020) with low conviction rates.
• Existing laws like UAPA and NSA already address national security and public order.
• Used to silence opposition, undermining democratic accountability
• Supreme Court limits sedition to incitement of violence (Kedarnath, 1962), but vague wording leads to misuse.
• Many democracies, including the US and UK, have repealed sedition laws

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 [Link] SPEECH
• Not defined specifically-based on existing laws: IPC, UAPA
• Prognosis - More specific power to ECI , self-regulation by political parties

Media policy= MIB+MEITY+DPIIT(MoCI)

a. PRINT- Press & registration of books act, 1867
Press council of India(statutory body)
Central media accredition guideline 2022
b. FILMS- Censor board(statutory, quasi-judicial)
c. BROADCASTING(cable tv, radio) - IT ACT+ IT RULES+ IT RULES (AMEND)2022,2023
d. DIGITAL MEDIA-IT ACT+ IT RULES+ IT RULES (AMEND)2022,2023

IT ACT & RULES

1. IT Rules derives the authority from the IT ACT,2000 which deals with electronic media & cyber crime
2. Digital 2023 Report
692.0 million internet user; internet penetration 48.7 percent.
467.0 million social media users
3. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,
2021 were notified in February, 2021, to replace the 2011 Rules
FEATURES
• Notified by MeitY in February 2021 to regulate intermediaries and digital media.
• Due Diligence: Publish rules, privacy policy, and user agreement; inform users annually.
• Grievance Redressal: Publish Grievance Officer details; acknowledge complaints in 24 hrs, resolve in 15
days.
• SSMI: Appoint Chief Compliance Officer and Nodal Contact for law enforcement coordination.
• Traceability: Messaging platforms must identify the first originator.
• User Safety: Remove harmful content (nudity, morphed images) within 24 hrs.
• Oversight: MIB to create an oversight mechanism and self-regulation guidelines.

Information Technology Amendment Rules, 2023

• Platforms must block harmful games and false government information flagged by a fact-check unit.
• Online gaming platforms must register with Self-Regulatory Bodies (SRB) to ensure games are non-gambling
and legally compliant.
• Failure to remove flagged content leads to loss of safe harbour, exposing platforms to legal action for third-
party content.
• Social media must remove flagged posts; ISPs must block URLs of fake or misleading content.

CONCERNS
• No Clear Definition:
• Rules lack a definition for fake news and give the government unchecked power.
• Arbitrary Power:
• Fact-check unit can declare content false without clear criteria.
• Content Removal:
• Intermediaries must remove flagged content, enabling censorship.
• Supreme Court Violation:
• Shreya Singhal (2015): Laws must be clear, which the rules aren’t.

Way Forward:
• Use technology for fact-checking, self-regulation by intermediaries, and promote public awareness of
censorship issues.

THE RIGHT TO INTERNET

• Technology, is an enabler of rights and not a right in and of itself.
• FaheemaShirin v. State of Kerala (2019) : Internet a part of daily life and intersects with Art 21.
• Social Media companies blocking someone's account can't be taken to court as they do not come under "State"
New Section 1 Page 13
 • Social Media companies blocking someone's account can't be taken to court as they do not come under "State"
as per Art 12

ARTICLE 21
• "No person shall be deprived of his life or personal liberty except according to procedure established by law.
• available to citizens - foreigners
• SC described it as ‘heart of fundamental rights
• A K Gopalan Case (1950): Narrow interpretation i.e., against arbitrary executive action and not from arbitrary
legislative action.
SC held that the expression ‘procedure established by law’, the Constitution has embodied the British concept of
personal liberty rather than the American ‘due process of law'
• Menaka Gandhi Case (1978): Wider interpretation i.e., not only against arbitrary executive action but also
against arbitrary legislative action and introduced 'due process of law'. -
Ar21: emphasised ar Not confined to animal existence or survival but it includes within its ambit the right
to live with human dignity & make a man’s life meaningful, complete & worth living.
The case also introduced the principle that the right to life includes a wide range of rights that enhance human
dignity, including the right to livelihood, personal liberty, and freedom of speech.

• EXPANDING SCOPE OF ARTICLE 21

1. RIGHT TO CLEAN ENVIRONMENT
• Right to healthy environment is important attribute of right to live with human dignity
• 1st recognised in Dehradun Quarrying Case 1988
• Subhash Kumar v. State of Bihar (1991): Held Article 21 includes the right to a wholesome environment
• Precautionary Principle : states the government must anticipate, prevent, and combat environmental
deterioration. PP derived its application from Ar21, 48A, & 51A(g)
• Biocentrism: Recognizes nature's intrinsic rights, opposing human-centered anthropocentrism.
• Public Trust Doctrine (PTD):Government holds natural resources in trust for public benefit, limiting private
exploitation.

2. Unnikrishnan J.P. v. State of Andhra Pradesh(1993)- right to education as FR upto 14 yrs

3. K.S. Puttaswamy judgment (2017) - Right to Privacy is an FR
4. CAPITAL PUNISHMENT AND RIGHT TO LIFE
Sc held that entencing must be meaningful, real, and effective, allowing the accused to present mitigating
evidence before a death sentence is imposed.
Bachan Singh Case (1980):-Upheld death penalty with the “rarest of rare” doctrine
Navneet Kaur v. State of Maharashtra (2021):consider alternative methods of execution (e.g., nitrogen gas) to
ensure methods like hanging align with human dignity,
5. Aruna Shanbaug case (2011): Right to Die with Dignity
SC permitted passive euthanasia under specific circumstances, recognizing the right to die with dignity as a part
of the right to life.
6. D.K. Basu v. State of West Bengal (1997)-Right Against Torture and Cruelty for arrst, detention and
interrogation.
7. Vellore Citizens Welfare Forum case(1994)-Right to Clean and Healthy Water
8. M.H. Hoskot v. State of Maharashtra (1978)- Right to legal aid
9. Right to health- state's obligation to provide health services
10. Olga tellis(1986)-Right to livelihood & shelter-ensuring slum dwellers cannot be evicted without providing them
alternative accommodation.
• Navtej Singh Johar v. Union of India (2018): It decriminalized section 377 i.e., homosexuality in India.
• Joseph Shine v. Union of India (2018): It abolished the provisions pertaining to crime of Adultery (Section 497
IPC).
• Delhi HC in 2023: ‘Freedom of choice in marriage is intrinsic to Constitution’s Article 21’.

Judicial Activism: The courts have played an active role in interpreting Article 21 expansively, often reading it in
conjunction with other rights such as right to equality (Article 14) and right to freedom of speech (Article 19).

CRIMINAL JUSTICE
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 CRIMINAL JUSTICE
• Art20 &Art 22 : Criminal Process Rights
• Art21 : Fair trial gaurantees read in by the Court
• Article 20 & 21 cannot be suspended during a national emergency
• IPC-BNS; CrPC-BNSS; INDIAN EVIDENCE ACT-BSA
• Criminal law restricts individual freedom for public welfare, while criminal procedure governs crime investigation
and prosecution processes.
• Art 20(1) : No Ex Post Facto Laws- non-retroactivity principle
prohibits conviction for an act that was not an offence at the time of its commission.
The second proscribes retrospective enhancement of penalty.
• Art 20(2) : No Double Jeopardy -(in sec.377 of bns) Bars the retrial of a person, when he has been convicted and
sentenced for the same offence
• Art 20(3) : No Self Incrimination - Right to Silence is implicit in protection against self-incrimination and bears a
close relation to the “right to fair trial”.Burden is on State to prove the guilt of the accused. ● Accused is
presumed to be innocent until proved to be guilty
• Fair Trial Rights (Art 21) -Maneka Gandhi (1978) SC has read a guarantee of ‘fair trial’ expanded ‘procedure
established by law
• Art 22 : Arrest & Preventive Detention-Article 22 provides the procedural safeguards against arbitrary arrest and
detention.
the right to be made aware of the reason of arrest as soon as an arrest is made
● theright to be produced before a Magistrate within twenty-four hours
● theright to be defended by a lawyer of own choice
• NEW IPC
Added 20 new crimes
Increased fine amount in 83 cases
new chapter 'Crimes against Women and Children' to deal with sexual crimes.
20 years imprisonment or life imprisonment in all cases of gang rape.
New crime category of gang rape of a woman under 18 years of age.
Targeted penalties for persons fraudulently engaging in sexual intercourse or promising to marry without true
intention to marry.
Terrorism has been defined for the first time and it has been made a punishable offence
Small organised crimes have also been criminalized, punishable with imprisonment of up to seven years
• NEW CrPC
531sections (484 sec old)
Timelines added to 35 sections and audio-video provision added at 35 places.
Time limit for initiation of criminal proceedings, arrest, investigation, trial, bail, judgement and punishment, and
mercy petition etc.

[Link]- irish const.

Part III of the ©ion from Art 36-51 .they are called as 'Novel features of the constitution'(by ambedkar) and seek
to establish social economic democracy.

Utility of Dpsp
• function as “Instrument of Instructions to authorites.
• Judicial Review: Helps courts assess law validity.
• Framework for State Actions: Directs legislative and executive actions.
• Alignment with Preamble: Reflects justice, liberty, and equality goals.
• Supplementary to Fundamental Rights: Provides social and economic rights.
• Enhanced Democratic Environment: Supports economic democracy.
• Empowerment of Opposition: Enables scrutiny of policies.

FR & DPSP
• Champakam Dorairajan (1951)- FR PREVAIL>>DPSP__________--->LEAD TO 1st,4th,17th AA
• Golaknath (1967)-FR can't be amended even for dpsp------------>24,25th (31c)
• Kesavananda Bharati (1973)-overruled golakhnath, Basic str. Doctrine------>31FRx,42CAA
• Minerva mills(1980)-39bc>>14,19; bedrock of relation between fr and dpsp

New Section 1 Page 15

• Minerva mills(1980)-39bc>>14,19; bedrock of relation between fr and dpsp

IMPLEMENTATION OF DPSP

Land Reforms to transform agrarian societies and enhance the living conditions of rural populations
·Environmental protection:
a. The Environmental (Protection) Act (1986)
b. The Wildlife Protection Act (1972)
c. The Forest(Conservation) Act (1980)

How to improve
create statutory bodies to monitor implementation
Develop concrete action plans ,targets for implementing DPSP
Greater public edu about dpsp
Enusruing adequate financial & human resouce allocation dpsp impleamtation
Updating norms to better reflect current needs

UCC
• outlined in Article 44 as part of the DPSP which states that the government should strive to establish a uniform
civil code for all citizens across India
• Goa only state in India where a UCC is in place, following the Portuguese Civil Code of 1867
• British established uniform criminal laws in India but not civil laws to keep india divide
• Personal Laws in India:
Hindu Succession Act 1956 governs Hindus, Sikhs, Jains and Buddhists
Muslim Personal Law governs Muslims
Indian Succession Act 1925 applies to Christians, Parsis, and Jews
The Special Marriage Act for the solemnization of interfaith marriage
• Important Judgements and committees recommending UCC
Shah Bano Case (1985): SC Highlighted need for UCC, especially in maintenance matters.

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 Shah Bano Case (1985): SC Highlighted need for UCC, especially in maintenance matters.
Sarla Mudgal Case (1995): SC Urged UCC for gender equality among religions.
Paulo Coutinho vs Maria Luiza Valentina Pereira (2019): SC Highlights need for uniform laws for consistency.
Law Commission (2018): No UCC needed now, amend existing laws.
Law Commission of India (2022): It seeks public and religious input on UCC.

WHY?
Gender Justice: related to Inheritance, divorce, alimony
Social justice: Child marriages
Secularisation of the society
Inculcate feelings of fraternity
Constitutional mandate: Art 44
Strengthen Rule of law
National integration: 1 law across the length & breadth
Reduce politicisation of religion (vote bank politics)
Other countries; US, Egypt, turkey
TC- Marriage laws -eg under muslim (sharia)laws , marriagable age is 15->against 18 in child marriage act
Diff religion/personal laws mandate diff amt of alimony for women being divorced by her husband(eg in muslim
law , alimony is just 3 months, for hindus it is for longer period.
Ways of seeking divorce & remarriage are different in different religion

ARGUMENTS AGAINST
• Opposition by different religious group
• Threat to Diversity and Religious Freedom
• Challenged as violation of FR of Religious freedom Article 25.
• Implementation without agreement may cause social unrest.
• LAW commission : UCC neither necessary, nor desirable
• No need for UCC when secular laws already exist: eg section 125 of CrPc
• Against the concept of secularism
• Constitution itself provided for existence of diversity
• Personal laws in Concurrent list of Schedule 7.
• Minority view ucc as tyranny of majority

HOW TO PROCEED/ WF
Ensure political will
There should be Gradual approach followed by enough Dialogues, Negotiations & discussions to achieve
consent and consensus on ucc
Sensitisation and secularisation
Respect for Harmony in plurality
Alleviating the fear/insecurities of the minority and clarifying the extent of intervention
Only progressive intervention to achieve the objective of social Justice

UCC-UK
Applicability: to all residents, except tribal community
● Uniform provisions: adoption rights, legal age of marriage, equal inheritance
rights for men & women
● Marriage & Divorce: compulsory registration & only dissolved by a court order.
● Implications: Practices of Triple talaq and nikkah halala banned.
● Grounds of divorce mentioned ; adultery, cruelty, desertion etc
● Prohibition of Polygamy
● Compulsory registration of live-in relationships. Women can claim maintenance if
deserted
● Inheritance: equal rights for Men & women,legal recognition of children born out
of live in relationships.

[Link] DUTIES RUSSIA

42 CAA 1976 added new part IV-A called FD on recommendation of Sawarn singh committee and one more FD

New Section 1 Page 17

 42 CAA 1976 added new part IV-A called FD on recommendation of Sawarn singh committee and one more FD
was added by 86 CAA 2002. There are 11 FD under Ar 51-A.
Non justiciable

[Link] RIGHTS
• Minority rights are a cornerstone of democratic governance, ensuring the preservation of cultural,
linguistic, and religious diversity.
• Census 2011, total minority- 19.3%
Muslims -14.2%;
Christians 2.3%
Sikhs 1.7%
Buddhists 0.7%,
Jain 0.4%
Parsis 0.006%.
• Franklin Roosevelt aptly noted, "No democracy can long survive which does not accept as fundamental
to its very existence the recognition of the rights of minorities.”
• United Nations' 1992 Declaration on Minority Rights aim to protect minority communities.
• Article 29(1): Grants all citizens the right to conserve their distinct culture, language, or script.
• Article 30(1): Empowers religious and linguistic minorities to establish and administer educational
institutions.
• Art 29(2)Right of a citizen not be denied admission into a State maintained or a State aided educational
institution on ground only of religion, race, case, or language ].
• Recent judgments (e.g., Aligarh Muslim University, 2024) uphold the minority character of institutions of
national importance.
• Article 350 A: Mandates primary education in one's mother tongue.
• Article 350 B: Provides for appointing a Special Officer for linguistic minorities.
• The Constitution also supports personal laws for various communities, exemplified by the customary
laws of the Nagas.
• Minority -Not defined as per the Constitution
• In Re:Kerala Bill Case (1958), that “a minority” means a community which is numerically less than 50 per cent.
• T.M.A. Pai Foundation Case (2002), SC affirmed that the criteria for determining minority shall be the population
of the state.
• Minority Institutions--National Commission for Minority Educational Institutions Act, 2004 defines the term to
means a college or institution established or maintained by a person or group of persons from amongst the
minorities.

Rights of Minority Institutions-SC through various judgments such as Xaviers, TMA Pai, PA Inamdar etc.
elucidated the following rights
1. to admit students
2. to set up a reasonable fee structure
3. to constitute and manage a governing body

New Section 1 Page 18

3. to constitute and manage a governing body
4. to choose its teachers and management staff
5. to take action upon dereliction of duty
6. to use properties and assets for benefit of the Institution

How should Minority Institutions be treated and balanced?

● Few areas have been the subject of more vexed constitutional litigation in
India than the rights of minority educational institutions.
● The National Commission for Minorities does not have any statutory
powers to enforce or determine statuses
● Minority Institutions certainly have a better standing on property than
others.
● Harmonious Construction is the way forward
● “Even if you are a minority of one, the truth is the truth”- Gandhi

COMPARISION OF INDIAN CONSTITUTION WITH OTHER COUNTRIES

Comparison of Indian Constitution with US, UK, and France
Feature Indian Constitution US Constitution UK Constitution French Constitution
Nature Written, rigid+ flexible, Written, rigid, short Unwritten, flexible, Written, rigid, detailed,
detailed; Short (7 articles) based on statutes & Referendum also exist(for
Long(around 450 Ar) conventions; amendment);Medium
Variable length length (about 89 articles)
(depends on statutes&
common law)
Source Constituent Assembly of India Philadelphia Convention Historical documents, Constitution of the Fifth
(1947-1949) (1787) statutes, conventions Republic (1958)
Nature of govt Federal , parliamentary form Unitary ;parliament is Unitary , semi presidential
sovereign
Amendment Complex, requires Parliament Requires a two-thirds No formal amendment Requires a referendum or
Process and President's approval majority in both houses of process (evolves with parliamentary approval
Congress and state ratification conventions)
Supremacy Supreme Law of the Land Supreme Law of the Land No written supreme Supreme Law of the
law (Parliament is Republic
supreme)
Judicial Yes, by Supreme Court Yes, by Supreme Court No, Parliament is Yes, by Constitutional
Review Rule of law supreme Council & Constitutional
Rule of law Court; Prez is part of
Justice delivery
Secularism Secular state with equal No formal state religion; No formal state Secular state, strong
respect for all religions religious freedom guaranteed religion; religious separation of religion and
freedom guaranteed state
Federalism Federal with a strong central Federal with strong central Unitary with Unitary with decentralized
government; indestructible government-truly federal; decentralized powers powers (regional
union of destructible states; indestructible union of governments)
Asymmetrical federalism indestructible states;
symmetrical federalism
Executive Parliamentary system; PM Presidential system, President Parliamentary system, Semi-presidential system
real head as head of state & PM - head of govt(real with a President and Prime
executive (CoM) is government; responsible head) Minister
collectively responsible to the executive; executive Legal responsibiltiy,
legislature (Lok Sabha) (President) is not responsible executive (PM) is executive (Prime Minister)
to the legislature responsible to the is responsible to the
legislature legislature
Rights Fundamental Rights Bill of Rights (First 10 Rights are protected Declaration of the Rights of
Protection guaranteed (Part III) Amendments) by common law and Man and Citizen (1789)
statutes
Head of State President (Ceremonial) President (Executive) Monarch (Ceremonial) President (Executive)
Directly elected
Legislature Bicameral (Lok Sabha and Bicameral (Senate and House Unicameral (House of Bicameral (National
Rajya Sabha) of Representatives) Commons) Assembly and Senate)

New Section 1 Page 19

 Constitutional President, Judiciary, Election President, Supreme Court, No fixed body, President, Constitutional
Body Commission, etc. Federal Election Commission Parliament makes laws Council, Constitutional
Court
Sovereignty of No sovereignty as limited by Sovereign Limited law making
parliament © president make laws

President Indirectly elected-5years, directly elected-4years; Presence of shadow

no qualified veto, any no. of Qualified veto, 2 terms cabinet
terms
Amendment Requires a two-thirds majority Requires a two-thirds Evolving with statutes Requires a referendum or
Process in both Houses of Parliament majority in both houses of and conventions; parliamentary approval
Congress and state ratification flexible
Head of State President (Ceremonial) President (Executive) Monarch (Ceremonial) President (Executive)
Vice President Vice President (Elected, No official office; the Vice No Vice President, the Vice President (Elected,
presides over Rajya Sabha) President (called VP) is monarch or Prime ceremonial role alongside
elected but is not as powerful Minister serves in President)
some capacities
Citizenship Single citizenship (Indian) Dual citizenship not allowed Single citizenship Single citizenship (French)
(only American) (British)
Constitutional President, Judiciary, Election President, Supreme Court, No fixed body, President, Constitutional
Bodies Commission, etc. Federal Election Commission Parliament makes laws Council, Constitutional
Court
Executive's Yes, the executive (Council of No, the executive (President) Yes, the executive Yes, the executive (Prime
Responsibility Ministers) is collectively is not responsible to the (Prime Minister) is Minister) is responsible to
to Legislature responsible to the legislature legislature responsible to the the legislature
(Lok Sabha) legislature
Checks and Separation of powers between Strong separation of powers; Parliament is supreme, Separation of powers with
Balances Executive, Legislature, and checks and balances among but there are informal checks between Executive,
Judiciary branches checks Legislature, and Judiciary

Indian and western secularism

• separation of religion from state. [Link] Nirpekshta.
• term ‘secular’ is enshrined in the Preamble to via 42nd CAA Act 1976
• Kesavananda Bharati 1973): secularism part of the basic structure
• Bommai v Union of India (1994): secularism means equal treatment of all religions.
• Articles 25-28: Freedom of religion with state regulation.
The western model of secularism The Indian model of secularism
Mutual exclusion of state and religion, i.e. non- Principled distance of state from religion, i.e. state can interfere or engage
interference in affairs of each other. with religion.
Embodies a negative concept of secularism, Embodies a positive concept of secularism, i.e. equal respect to all religions
i.e. strict separation between religion & state or equal protection of all religions (Sarvadharma Sam Bhava)
No state support to any educational institution A state can aid educational institutions run by minorities.
run by religious minorities.
No engagement with religion whatsoever. State-supported religious reform is possible. For e.g.: Abolition of
untouchability, allowing of inter-caste marriages, etc. The state can
maintain religious neutrality and can eliminate evils of religion via
legislation.
No public policy can solely be based on religion, The government frequently frames policies having a religious basis, like the
as religion is completely a private matter. constitution of waqf boards etc.
US - no religious prayers in public schools Government support for pilgrimages (e.g., subsidies for Haj)
-France- ban on religious symbols in public
schools
Religious tensions & conflicts ([Link] criticized for marginalizing religious identities (e.g., in cases of immigration or
riots). minority religious practices).
- Balancing religious freedom with social - Debates on the extent of religious symbols in public life (e.g., hijab bans in
harmony. schools).

NITI AAYOG National institution for transforming India

• established by the Government of India in 2015 through a Cabinet resolution.(advisory think tank)
• Chairperson: PM
• Vice-Chairperson: To be appointed by PM
• Governing Council: CM and Lt. Governors of UT
• Regional Council: To address specific regional issues, Comprising CM +Lt. Governors Chaired by PM or his
nominee.

New Section 1 Page 20

 nominee.
• Adhoc Membership: 2 member in ex-officio capacity from leading Research institutions on rotational basis.
• Ex-Officio membership: Maximum four from Union CoM to be nominated by Prime minister.
• Chief Executive Officer: Appointed by PM for a fixed tenure, in rank of Secretary to Government of India.
• Special Invitees: Experts, Specialists with domain knowledge nominated by PM
• Key Achievements & Contribution:
○ Strengthened competitive and cooperative federalism through data-driven indices like the SDG India Index
and Composite Water Management Index.
○ Assisted states in establishing State Institutions of Transformation (SITs) to improve governance and policy
implementation.
○ Aspirational Blocks Programme (2023) focused on 500 underdeveloped blocks to achieve 100% coverage of
key government schemes.
○ Atal Innovation Mission (AIM) trained over one crore students through initiatives like Atal Tinkering Labs
and incubation centres to promote innovation and entrepreneurship and expanded innovation ecosystems
to regional languages and focuses on tribal and hilly areas.
○ Conceptualized initiatives like e-Mobility, , and the Production-Linked Incentive (PLI) Scheme, Women
Transforming India Awards
○ e AMRIT portal - for electrical vehicles
○ Team India Hub acts as interface between States and Centre.
○ Knowledge and Innovation Hub builds the think-tank acumen of NITI Aayog.
○ New initiative; GROW-to restore degraded land & to create a carbon sink;
○ Mission LiFE /Lifestyle for Environment- encourages people to live sustainably & be conscious of
environment

• How NITI Aayog Changed the Fundamental Nature of Planning

1. From Centralized Planning to Cooperative Federalism e.g Governing Council Meetings
2. From Five-Year Plans to Long-Term Strategies-e.g. Strategy for New India @75, a vision document with a
long-term development roadmap.
3. Focus on Outcome-Based Monitoring e.g. Aspirational Districts Programme monitors socio-economic
indicators to improve outcomes.
4. Emphasis on Innovation and Technology-Atal Innovation Mission (AIM) to foster culture of innovation &
entrepreneurship.
5. Policy Formulation Based on Data and Research-National Data and Analytics Platform (NDAP) to make data
accessible for evidence-based policymaking.
6. Focus on Sustainable Development e.g SDG India Index, Green Hydrogen
7. Decentralized Planning with State-Specific Approaches e.g. State Development Monitoring Frameworks to
customize planning based on regional needs and priorities.
• OBJECTIVES
Bottom up approach
Change in policy making-technical advice to centre & state. e.g. Medical education reform
Develop mechanisms to formulate credible plans (village level)
Interests of national security in economic strategy and policy
Special attention to weaker sections
Provide advice and encouragement to partnerships between key stakeholders, national-international Think
Tanks, research institutions
Create knowledge, innovation and entrepreneurial support system
Platform for inter-sectoral and inter- departmental issues resolution
Maintain state-of-the-art Resource Centre
• Issues
○ No powers in granting discretionary funds to states
○ Only an advisory body
○ No role in influencing private or public investment
○ Politicisation of the organisation
○ Lacks the requisite power to bring positive change
• Way forward
○ Strengthen state-level policy think tanks for localized planning.
○ Enhance data-driven governance with real-time analytics.
Foster deeper private sector collaboration for innovation.
New Section 1 Page 21
 ○ Foster deeper private sector collaboration for innovation.
○ Promote social equity by focusing on marginalized groups.
○ Institutionalize periodic review of flagship programs for impact assessment.

RTI Act,2005
• (I)-Thomas Jefferson “Information is the currency of democracy,” and critical to the emergence and
development of a vibrant civil society.
• Act establishes CIC & SIC
• The act provides citizens the right to secure access to information under control of Public Authorities (PAs).
• Genesis - Mr. Kulwal v/s Jaipur Municipal Corporation case- freedom of speech & expression provided under
Article 19 clearly implies RTI, as without information the freedom of speech and expression cannot be fully used
by the citizens
• Objectives
○ To empower the citizens
○ To promote transparency and accountability
○ To contain corruption and
○ To enhance people’s participation in democratic process.
• Features of the Act
○ Section 1(2) : It extends to the whole of India except the State of Jammu and Kashmir.
○ Section 4 : Suo moto disclosure of info by each public authority
○ Section 8 (2) - disclosure of information exempted under Official Secrets Act, 1923 if larger public interest is
served.
• Information to applicant is to be supplied within 30 days from the receipt of application by public authority.
• Appointment/tenure/Salary- determined by central govt.
• State of UP v. Raj Narain (1975)- that citizens have the right to know the details of government functioning
• S.P. Gupta v. Union of India (1982): Court recognized that the right to information is an integral part of the right
to freedom of speech and expression
• Mazdoor Kisan Shakti Sangathan (MKSS) in RJ- By organising Jan Sunwais, the MKSS exposed large-scale
corruption in public works programs
• Jan Soochna Portal ,Rajasthan- suo moto disclosure of info
• RTI vs Legislations for Non-Disclosure of Information
Indian Evidence Act (Sections 123, 124, and 162)
Official Secrets Act, 1923 -any govt official can mark a document as confidential
Central Civil Services Act-prohibits govt officials from disclosing official info
• Challenges
○ Defunct ICs - As per report of Satark Nagrik Sangathan 7 out of 29 information commissions were defunct
b/w july 2023 to 2024 june
○ Exemptions and Misuse of Section 8 by public authority to deny info
○ Inordinate delays: 14 commissions would take 1 year or more to dispose a matter.
○ Backlogs: Over 4 lakh appeals and complaints are pending across 29 information commissions (June 2024).
○ 42% of the appeals/complaints received by the CIC were returned.
○ Skewed gender composition :only 9% women since the enactment of the act.
○ Dilution through amendments: For instance, RTI (Amendment) Act, 2019 may impact the independent
functioning of ICs.
○ Bureaucratic Resistance to disclose information that could expose inefficiency, or corruption in their
departments.
○ Non-Compliance: Political parties haven't appointed information officers, Act stating they are not public
authorities.
○ Lack of Awareness and Education lead to underutilization of RTI.
○ Lack of protection of RTI activists; Inadequate training of PIOs;
○ Contradition with Official Secrets Act, 1923 etc.
• Way Forward
○ 2nd ARC in, "Right to Information – Master Key to Good Governance: Establish National Coordination
Committee (NCC) for effective implementation of the Act
Awareness campaigns & capacity building+ Revisiting Exemptions and Section 8:

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 ○ Awareness campaigns & capacity building+ Revisiting Exemptions and Section 8:
○ Enhancing proactive disclosure under section 4 of act
○ Proper record keeping by experts
○ Add Separate chapter, "Protection of those seeking information under the (RTI) Act"
○ Rigorous RTI training to government officials, Digitisation of Records

CIC
• established by Govt in 2005, under the provisions of the RTIAct (2005). It is not a constitutional body.
• Members: Chief Information Commissioner & not more than ten Info Commissioners.
• Appointment: Appointed by the President on the recommendation of a committee consisting of the PM as
• POWERS
Inquiry into Complaints and Appeals from individuals who have been unable to obtain information under RTI Act
CIC can direct public authorities to provide access to information that has been wrongfully denied.
Power to impose penalties on CPIOs for refusal to accept an RTI application, delay in providing information, or
providing incorrect, incomplete, or misleading information.
The penalty can be up to ₹250 per day, with a maximum penalty of ₹25,000.
CIC can recommend disciplinary action against a CPIO violations of the RTI Act.
CIC has the authority to inspect records, documents, and offices of public authorities
Give Directions for record keeping, Suo motu disclosures receiving and enquiring into a complaint on inability to
file RTI etc.
• Challance + wf same of RTI

HATE SPEECH Not defined

• The Law Commission of India defined hate speech as an incitement to hatred primarily against a group of
persons defined in terms of race, ethnicity, gender, sexual orientation, religious belief and the like.
• Legal Provisions
Article 19(1)(a) -Freedom of Speech and Hate Speech &Ar 19(2) imposes reasonable restrictions on this
right, balancing its use and misuse.
Sections 153A and 153B of the IPC:Punish acts that cause enmity and hatred between groups.
Section 295A of the IPC: Punish acts which outrage the religious feelings of a class of persons.
Sections 505(1) and 505(2):Make the publication and circulation of content that may cause ill will or hatred
between different groups an offence.
Section 8 of RPA, 1951:Prevents a person convicted of the illegal use of the freedom of speech from contesting
an election.
SC and ST (Prevention of Atrocities) Act, 1989:Prevents hate speech targeting SC/ST in any place within public
view.
Protection of Civil Rights Act, 1955:Penalises incitement to, and encouragement of untouchability through
words, either spoken or written, or by signs or by visible representations or otherwise.
• Amish Devgan vs UOI- hate speech has no redeeming or legitimate purpose other than hatred towards a
particular group
• Recommendation
TK Vishwanath commission- stricter law to curb online hate
Bezbaruah Committee- after racial attacks on NE people, Proposed adding provisions to punish racial
discrimination and hate speech
Law commission- Separate offences to added to IPC instead of subsumed in existing section

CITIZEN AMENDMENT ACT ,2019

• CAA provides citizenship on the basis of religion to six undocumented non-Muslim communities (Hindus, Sikhs,
Buddhists, Jains, Parsis and Christians) from Pakistan, Afghanistan and Bangladesh who entered India on or
before 31st December, 2014.
• It exempts the members of the six communities from any criminal case under the Foreigners Act, 1946 and the
Passport Act, 1920.
• For people belonging to the same six religions and three countries, CAA relaxes 11-year(of preceding 14 years)
requirement to 5 years
• ARGUMENTS IN FAVOUR
Protection of religious minorities facing religious discrimination in Pakistan, Afghanistan, and Bangladesh.

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 ○ Protection of religious minorities facing religious discrimination in Pakistan, Afghanistan, and Bangladesh.
○ The Act aims to identify and provide a legal path for refugees while managing illegal immigration.
○ Consistency with International Humanitarian Norms: providing refuge to those fleeing persecution.
○ Way to ensure their integration into society, thereby enhancing security and stability.
○ Aligns with ethos of India as a secular & pluralistic society that has historically welcomed persecuted
communities.
CONCERNS AND CRITICISMS:
○ The eligibility cut-off date of December 31, 2014, appears arbitrary and lacks a clear rationale.
○ Act’s emphasis on religion could violate India’s commitment to equality and secularism as outlined in
Constitution.
○ lack of a clear system to verify claims of religious persecution.
○ exclusion of persecuted minorities from other countries and religions.
○ The Act could strain India’s relations with its neighboring countries like Bangladesh.
WAY FORWARD:
While the CAA aims to help refugees, it is crucial to address the raised concerns for a just and inclusive approach.
Secularism: Make CAA religion-neutral by granting citizenship to all persecuted persons, regardless of religion.
Gradual Induction: The process of granting citizenship should be careful and gradual, taking into account national
security concerns.

COMPTITION COMMISSION OF INDIA

• statutory body , formed under Competition Act, 2002 is India's primary authority for enforcing competition law,
replacing the MRTP Act, 1969.
• one Chairperson and six Members who shall be appointed by the Central Government.
• The Act prohibits anti-competitive agreements, abuse of dominant position by enterprises and regulates
combinations, which causes an appreciable adverse effect on competition within India
• In accordance with the provisions of the Amendment Act 2007, the CCI and the Competition Appellate Tribunal
have been established.
• Functions and Role
○ To eliminate practices having adverse effects on competition
○ To give opinion on competition issues
○ Investigating & taking action against practices like collusion, price fixing, market allocation that adversely
affect competition
○ Section 19(1) allows the CCI to initiate inquiries either on its own motion or based on complaints e.g.
WhatsApp's Privacy Probe
○ Review of Mergers and Acquisitions of MNCs to ensure they do not cause adverse impact on competition
in the market.
○ Binding Decisions on parties involved under Section 19(5) e.g. Coal India's Dominance Fine: CCI imposed a
Rs 1,773-crore fine on Coal India for abusing its dominant position, addressing anti-competitive behavior in
key industries.
○ To undertake competition advocacy, create public awareness and impart training on competition issues.
○ To make the markets work for the benefit and welfare of consumers.
○ Ensure fair and healthy competition [Link] ruled against Google, directing it to remove restrictions on
device makers to promote fair competition in the Android OS market.
○ Educating businesses & consumers about competition laws & promoting healthy competition in the market.
• CCI has adjudicated more than 1,200 antitrust cases i.e., case disposal rate is 89 % in antitrust cases.
• Green Channel - mechanism of the CCI that automatically approves certain business combinations
• Challenges
Judicial limitations can restrict the CCI's enforcement capabilities.
Outdated legal frameworks to address the challenges of the digital economy
emergence of new business models, especially in the digital and tech sectors, can present challenges for the CCI
Examining cases previously handled by the National Anti-Profiteering Authority.

Delimitation Commission
• Article 82: Provides for the readjustment of constituencies after each Census.
• Article 170: Relates to the division of State constituencies for Legislative Assemblies.
• The Delimitation Act is enacted after every Census for this purpose.
• appointed by the President and works in collaboration with the ECI

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• appointed by the President and works in collaboration with the ECI
• Chairperson: A serving or retired Judge of the Supreme Court.
• Members: Chief Election Commissioner (Ex-officio).
Respective State Election Commissioners.
• 87th CAA 2003 Allowed readjustment of constituencies based on 2001 Census without changing seat numbers.
• 84th CAA, 2001 -Extended the freeze on seat allocation until 2026 using the 1971 Census.
• Delimitation Act (2002): Established a Delimitation Commission to redraw boundaries using 2001 Census data.
• Need:
Provides equal representation to equal segments of a population. and fair geographical division
To follow the principle of “One Vote One Value”.
Identify seats reserved for SCs and STs.

EWS RESERVATION
• 10% EWS quota was introduced under 103rd CAA, 2019 by amending Articles 15 and 16.
• Introduced Articles 15(6) and 16(6) for non-OBCs/SCs/STs
• Recommended by Sinho Commission (2010)
• Janhit Abhiyan v. UoI, 2022- SC upheld 103rd Amendment, validating the 10% EWS quota
• Concerns
Violate principle of equality (excludes OBCs, SC/ST communities).
Misalignment with purpose of social upliftment
Opens Pandora box for more demands
₹8 lakh income may cover socially advanced classes
• WF
Effective identification
Expanding employment opportunities
Improving educational institutions

Attorney general
part of the Union Executive. highest law officer in the country.
Article 76 -provides for the office of AG
appointed by the President on the advice of the government.
Term of the Office& Remuneration: Not fixed by the Constitution.
Removal: Procedures & grounds for removal not stated in the ©. holds office during pleasure of the President
Represent the GoI in any reference made by the President to the SC under Article 143
Advice GoI upon such legal matters, which are referred to her/him by the President.
Has the right to speak and to take part in the proceedings of both the Houses of Parliament
Enjoys all the privileges and immunities available to a MP.
does not fall in the category of government servants.-not debarred from private legal practice.
Solicitor General of India and Additional Solicitor General of India assist the AG in fulfillment of the official
responsibilities.
Corresponding Office in the States: Advocate General (Article 165).

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New Section 1 Page 26
FEDERALISM
08 January 2025 04:08

Power divided b/w central authority & various constituent units

Characteristics
1. Dual polity(Ar 1 read with part V and VI)
2. Division of power (Ar 246 read with 7th sch)
3. Integrated judiciary
4. Supremacy of constitution
5. Bicameral Legislature
6. Written constitution
7. Rigid constitution

INDIA's MODEL OF FEDERALSIM

i.) K.C Wheare - India is quasi-federal i.e., a unitary state with subsidiary federal principles.
ii.) Ivor Jennings said that India is a federation with strong centralising tendency
iii.)Dr. Ambedkar, said that “Our Constitution would be both unitary as well as federal according to
the requirements of time and circumstances”.

Significance of Indian model of Federalism:

a. Accommodation of diversity by giving autonomy to states to govern their affairs
b. Effective governance to ensure that the diverse needs
c. Promotion of democracy by decentralizing the power
d. Protection of rights

SR Bommai case- Federalism like secularism is basic str of constitution

Unitary features of Indian constitution

• Strong centre
• Single constitution
• Single citizenship
• Integrated judiciary
• All India services(Ar312)
• Emergency provisions (Ar352&356)
• Appointment of governor
• Integrated election machinery
• CAG
• Residuary power to parliament(Ar248)
• Parliament power on state list by RS request(Ar249)
• States are not indestructible ( Ar3)
• Parliament's law precedence over state law in concurrent list ( Ar 254)

Rationale for strong unitary bias in Indian Federalism.

• Historical context and national unity:
o Need to prevent fragmentation after independence
o Aim to forge a unified national identity
• Economic integration and development:
o Centralized planning for balanced regional growth
o Equitable distribution of resources across states

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 o Equitable distribution of resources across states
o Coordinated implementation of national economic policies
• National security and external threats:
o Maintaining a strong central authority for defence
o Ability to respond swiftly to external aggression or internal unrest
o Preventing secessionist movements and ensuring territorial integrity
• Administrative efficiency and uniformity:
o Standardized policies and regulations across the country
o Easier coordination of national programs and schemes
o Streamlined decision-making during emergencies or crises

FEDERAL PROVISION IN INDIAN CONSTITUTION

Article 1- India, that is Bharat, shall be a union of states.
Article 79- Parliament 2 chambers Lok Sabha &Rajya Sabha(to function as representative body)
Article 131- Supreme Court is independent and is the sole arbitrator of
disputes between federal constituents of the centre and states.
Article 246- the union, the state, and the concurrent list.
Article 368- 2 types of amendment processes

Legislative relation Between centre and state

Ar 245 to 255 in part XI
1. Territorial Extent of Central and State Legislation:
• Territorial Jurisdiction: Parliament and State legislature can make laws
• Extraterritorial Legislation: (Indian citizens and their property in any part of
the world) = By Parliament alone.
• Constitutional Restrictions: On the territorial jurisdiction of the parliament:
• Powers of President over UTs: President can make regulations for the peace, progress and good
• governance of the UTs
▪ It may also repeal or amend any act of Parliament in relation to UTs
• Scheduled Area: Governor is empowered to direct that an act of Parliament
does not apply to a Scheduled Area in the state or apply with specified
• Tribal Area: Governor of Assam can direct that an act of
Parliament does not apply to a Tribal Area (autonomous district) in the
state or apply with specified modifications and exceptions.
-The President enjoys the same power with respect to Meghalaya,
Tripura and Mizoram.
2. PARLIAMENT CAN LEGISLATE ON STATE SUBJECT
Ar248- residuary power to parliament
Ar249_RS request by 2/3 majority to make laws on state subject
Ar250-Parliament to make law on state list during national emergency
Ar 252- two or more state pass resolution to make laws
Ar253- legislation to implement international treaty
Ar356- During prez rule - parliament to make laws

Ar200- Reservation of bill by governor for president

Ar263-establishment of Interstate council by president
Ar262- Parliament to resolve interstate water dispute
Ar304- Bill imposing freedom on restriction of trade& commerce by states
Ar 254- doctrine of repugnancy, addressing inconsistencies b/w laws made by parliament & by
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 Ar 254- doctrine of repugnancy, addressing inconsistencies b/w laws made by parliament & by
state legislature
Ar355- duty of the Union to protect every State against external aggression and internal
disturbance.
101 CAA 2016-Parliament/ state legislature has the power to make laws wrt GST imposed by the
Union/ State. Parliament has exclusive power to make laws concerning GST where the supply of
goods or services or both takes place in the course of inter-state trade or commerce.

Legislative relations between Centre-state during emergency

Part XVIII - covering Articles 352 to 360
Article 250
National Emergency (Art.352): Centre becomes entitled to give executive directions to a state on
‘any’ matter.
Article 353 - effect of emergency, giving the Centre directs the States on the manner in which
their executive power is to be exercised.
Article 356 Allows the President to assume all or any of the functions of the State government
and the powers vested in the Governor or any other State authority.
Article 360-Empowers the President to direct States to observe financial propriety during a
Financial Emergency

CENTRE STATE RELATION ON ADMINISTRATIVE MATTERS

Articles 256 to 263, Part XI
Article 256-Every state’s executive power is to be exercised in such a manner as to ensure
compliance with the laws made by the Union Parliament.
Article 257-Control of the Union over States in certain cases.
Article 355- duty of Union to protect State against external aggression & internal disturbance.
Appointment of Governor
Appointment of State Election Commissioner

Centre-state relations on financial matters/ FISCAL FEDERALISM

Articles 268 to 293 contained in Part XII
7th sch-delineates tax bases between the Union and States listing them in the Union List and the
State List respectively (Article 246).
Ar 280- It provides for a Finance Commission as a quasi-judicial body. Its responsibility is to
recommend the sharing of taxes between them
Grant in aid
Ar 275-Grants to the states which are in need of financial assistance & not to every state.
(statutory grant)_charged on CFI, given on recomn of finance commission.
Article 282-The Union or State may make any grants for any public purpose.(discretionary grant)
101 CAA 2016- conferred concurrent power on parliament & state legislature to make laws
governing GST
Finance Commission (Article 280) recommends on the distribution of tax revenues
between the Union and the States, as well as among the States themselves.
No tax entries in concurrent list
Residuary power-gift tax, wealth tax, expenditure tax
ISSUES
Borrowing limits set at 3% of GSDP
Vertical fiscal imbalance (e.g., Union retains tax-raising powers)
Increased developmental expenditure from 8.8% of GDP (2004-05) to 12.5% (2021-22)
Non-sharing of cess revenue, with collections rising by 133% (2017-18 to 2022-23)
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 Non-sharing of cess revenue, with collections rising by 133% (2017-18 to 2022-23)
Decline in grants-in-aid
States finance higher shares in Centrally Sponsored Schemes
WF
Role of 16th Finance Commission for state-specific issues (demographic transition)
Review off-budget borrowing practices
Address horizontal imbalances with minimum fiscal resource value for states

MEASURES TO ENSURE HARMONIOUS CENTRE STATE RELATIONS

► Sarkaria commission recommendation
• Set up permanent inter-State Council under Article 263
• Article 356 should only be utilized when necessary.
• Strengthen all-India service institution (Ar312)
• Give states more financial autonomy to reduce their dependency.
• The residuary power of taxation should belong to the parliament.
• Reactivate zonal councils to promote federalism
• Governor cannot dismiss the CoM so long it has majority
• The states should be informed of the President’s grounds for his or her vetoes of
state legislation.
• Supported idea of cooperative federalism.
• Carry out the work of the union and state governments in the local language
• Procedure of consulting CM, vice president & governor while appointing governor.
• Consult states before making law on the subject of concurrent list.
• Governors should be allowed to complete their five-year terms.
• The position of Linguistic Minority Commissioner should be filled.
► Punchhi commission recommendation
• Centre should intervene in state affairs only if the state’s constitutional machinery is failing
• Governors should have a fixed 5-year term, removal via impeachment by the State
Legislature, similar to President.
• President should decide on with holding/assenting the bill within 6 months
• New AIS for health, judiciary, Edu, engineering
• establishing a National Integration Council to manage internal security matters
• proper guidelines for the appointment of chief ministers
• pre-poll alliance is to be considered as a single political party
• amending Articles 355 and 356 of the Constitution to limit the Centre's power and safeguard
states' rights
• Ar163- governor's discretionary power cannot be arbitrary
• Equal representation of states in RS
• Zonal Councils should meet twice a year & ISC thrice a year
► Establish Inter-State Trade & Commerce Commission as a legislative body((Ar307)-NCRWC
► decentralization of the 7th Schedule by introducing a local government list
► Fiscal federalism to ensure distribution of resources between Centre & states

Judgments
A.H. Wadia (1949) the state legislature cannot make extra-territorial laws except when there is
sufficient connection b/w the state & the subject matter of Legislation

BP Singhal VS UOI(2010) President can remover governor but not arbitrarily

RamJawaya Kapur v. State central government and state government shall exercise their respective powers
of Punjab (1955) within their jurisdiction and their limits

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 of Punjab (1955) within their jurisdiction and their limits
Swaraj Abhiyan v. Union of central government has the power to give any directions to the state
India (2017 government.
S.R. Bommai vs UOI(1994) President's power to dismiss a state government is not absolute-subject to JR.
Federalism is basic structure.
Presidential Proclamation under Article 356 must be exercised with caution.
Kuldeep Nayar vs Indian variant of federalism upholds a strong centre
UOI(2003)

Cooperative Federalism:
• allows the central and state governments to collaborate on policies, programmes, & resources for
national development.
• Cooperation, intergovernmental discourse, and harmonious governance are the priorities.
• Mechanism of Cooperative Federalism in India: Inter-State Council, NITI Aayog, 7Th schedule, GST
Council.

Competitive Federalism:
• envisages the competition between the states to attract investment by creating business friendly
environment, implementing investor-friendly regulation
• Apparatus of Competitive Federalism in India: SDG India Index, Aspirational Districts Programme, Swachh Bharat
Ranking, Ease of Doing Business Ranking incorporates a sense of competition

NITI Aayog fosters both cooperative by holding meetings , sharing best practices and competitive federalism by ranking
states/UTs on various indices like state health index, school education quality index etc.

Confrontational federalism
• central Govt. tries to transgress into the powers of state Govt.
• The unilateral revocation of the special status conferred on J&K under Ar 370- criticized by
many experts as against the spirit of federalism.
• As per Constitutional experts central govt making laws on state list subjects using concurrent
list is a form of confrontational federalism.
• Passing of farm laws, despite agriculture being a state subject.
• The partisan role of governor in many states has become a case of confrontational
federalism. For instance, role of Governor in TN&MH became controversial.

PM of India – He has called for “Competitive Cooperative Federalism”, where states seek to outshine
each other to reach new peaks of development.

COMBATIVE FEDERALISM: system where the States and the Centre are always at loggerheads.
ASYMMETRICAL FEDERALISM: unequal distribution of power b/w central govt & various states/region
• Political asymmetry: Representation of States in the Rajya Sabha based on population asymmetry.
• Constitutional asymmetry: special provisions and powers extended to Nagaland, Mizoram and
others in the omnibus Ar 371.
• Fiscal asymmetry: When transferring funds from Centre to States, transfers made based on
recommendations of Finance Commission.

6th schedule
Article 244(2)- Provision of 6sch apply administration of tribal areas in the NE states of Assam,
Meghalaya, Tripura, and Mizoram.
Governor to create Autonomous District Councils and Autonomous Regional Councils
Conferred certain executive, Legislative and Judicial powers to ADCs and ARCs.
• Benefits-Local resource management+ Increased reservation for locals +

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• Benefits-Local resource management+ Increased reservation for locals +
Protection of land and forest rights
+Address local issues like environmental protection, tourism management
Safeguard tradition

ISSUES
• Different tribal populations under a single autonomous council. e.g. In North Cachar Hills 13 tribes
• Insufficient allocation of funds to local councils on the basis of level of backwardness r/t population.
• Corruption and lack of accountability in functioning of the ADCs
• Lack of awareness of provision of 6th sch leading to lack of participation
• Inadequate representation of all tribes and women
• Overlapping function with state legislature
• Legislative power of state over council- laws made by council require assent of governor

Ladakh demanded their inclusion. Ladakh tribal popn - more than 97 %, fulfilling the criteria
ISSUE-Balancing the interests of Buddhist majority in Leh & Muslim majority in Kargil +National
security concerns in increasing autonomy in border region

Steps for effective implantation

Strengthening of ADCs for effective functioning.
Removing disparity among council
Inclusion of more areas under 6 Schedule ambit
Increase autonomy of ADCs
Encouraging community participation decision-making process.
Regular monitoring and evaluation of implementation of the Sixth Schedule.

7th SCHEDULE
defines the distribution of powers and functions between the Union and the states of India.
Ar 246-lists; if there is a conflict between Union and State laws on subjects in the Concurrent List, the
Union law prevails, establishing the Principle of Federal Supremacy in India.
42 CAA, 1976 - transferred five subjects - education, forests, weights and measures,
protection of wild animals and birds, and administration of justice from state list to concurrent list.
101CAA 2018 - It has made a special provision about GST.

Need of reviewing the 7th Schedule:

• Increasing Centralisation - 42CAA ,anti-federal nature of the Farm Acts.
• Lack of clarity in interpretation of roles - Covid pandemic was a health and public order issue and
falls under State list. Various State Govts ,accordingly invoked Epidemic Disease Act, 1897 to impose
lockdown.
• Demand of States to transfer of some subjects to the state list. For instance, entry No. 58 of the
Union list is on the manufacturing, supply, and distribution of salt -unnecessary for the Union to
legislate on issues related to salt.
• Dodging of responsibility by the states: For instance, while law and order are a state subject, states
often ask for the help of paramilitary forces in times of crisis.
• Reorganisation of subjects in the list to prevent overlapping

Doctrines Employed in Seventh Schedule by Judiciary

Doctrine of Implied Powers-allows the government to pass laws that are not explicitly stated in the constitution
Doctrine of Pith and Substance the law's true nature and character
Doctrine of Colourable Legislation

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 GST it’s a value added tax(VAT),indirect tax
Established GST council by 101CAA 2016
Ar 279(A)- empowered President to constitute GST council.
Chairman -Finance Minister ;with ministers nominated by the state govts as its members.
centre - 1/3rd voting power and the states have 2/3rd.
decisions taken by 3/4th majority.
Article 246 (A): 1. Both Union and States in India now have “concurrent powers” to make law with
respect to goods & services

Key Features of GST

• One Nation, One Tax
• Dual Structure- CGST & SGST
for Inter-state transactions, IGST
• Destination-based Tax -levied at each stage of the supply chain.
Tax Slabs: 0%, 5%, 12%, 18%, and 28%.
• Governance: GST Council is key decision making body.
• GSTN provides IT system of the GST portal.
Key Achievements
Rise in number of GST taxpayers (grew from 1.05 crore (April 2018) to 1.46 crore (April 2024))
Eliminated the cascading effect of taxes.
Reduced compliance burden for small taxpayers (e.g. composition scheme).
Increased intrastate and interstate transactions by e-way bills
More efficient neutralization of taxes especially for exports
Making our products more competitive in the international market.
Greater use of IT will reduce human interface- reduced corruption

Key Challenges
• harms producer states and rewards consumer states. Southern states accounting for over 25% of
direct tax and 26% of the GST collection, get the lowest amount (16%) from the divisible pool.
• Multiplicity of Tax Slabs and various products are still outside purview of GST (e.g. liquor)
Substantial part of the IGST not shared
State’s power of taxation has reduced
Shortfall in revenue collection of states is not compensated timely.

Potential Solutions
Rationalizing Tax Structure, reducing the number of Tax Slabs
Revenue loss of states should be compensated on time
Early operationalising all the benches of the GST Appellate Tribunal (GSTAT)

Inter State Council

ISC Ar263,
-has the potential to strengthen both vertical (Centre-State) and horizontal (inter-State) relations.
• 10 meeting in 22 years
• The Punchhi Commission recommendation
Strengthening consensus-building and voluntary settlement of disputes.
have expert advisory bodies to give recommendations
Meet at least thrice a year
• Sarkaria Commission - make permanent body
• Giving constitutional or statutory status

INTER STATE WATER DISPUTE

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 INTER STATE WATER DISPUTE
• Ar262- union govt's authority to resolve conflicts b/w state and regional govts over interstate rivers.
• Inter-State River Water Disputes Act, 1956(tribunal)-under Ar 262;, River Boards Act, 1956 (not a
single River board constituted so far)
• Entry 17 of State List - Water and Entry 56 of Union List - Regulation and development of inter-State
rivers and river valleys.
• India- 18% world's popn; 4% of its renewable freshwater

Factors responsible for Inter- State water dispute

Asymmetrical access to river water (Cauvery water dispute )
Rising water demand (32% by 2050)
Lack of clarity on water usage Rights(Krishna River water dispute)
Lack of integrated basin approach in river water governance (Mahanadi river basin)

Challenges
• Delayed resolution (11 years for Godavari water dispute tribunal decision)
• Institutional Ambiguity (Ar262 limits(keeps judiciary out of interstate water dispute) , Ar136 empowers SC appeals
against ISWD)
• Lack inputs from specialist like ecologists
• Politicisation of dispute for pursuing political goals
• absence of water data that is acceptable to all parties
• composition of the tribunal is not multidisciplinary-person only from judiciary

The Inter-state River Water Disputes (Amendment) Bill, 2019

• Disputes Resolution Committee (DRC): Government-mandated committee for amicable
resolution within one year, extendable by six months.
• DRC Members: Experts from relevant fields
• Establishment Permanent Tribunal
• Transparent data collection for each river basin, managed by a single agency.

WF
• Inclusion of parameters like contribution of water to river basin by each state etc. in Water Policy
• Integration of states in deliberative processes, and strengthening cooperative federalism
• Water Management Board should include experts from disciplines like environmentalists etc
• Focus on ecological restoration, conservation of river ecosystem, balancing of water supply & demand

SPECIAL CATEGORY STATUS

• classification given by the Centre to assist development of states that face geographical and socio-
economic disadvantages.(recommended by 5th finance commission)
• Assam, Nagaland, Himachal Pradesh, Manipur, Meghalaya, Sikkim, Tripura, Arunachal Pradesh,
Mizoram, Uttarakhand and Telangana.
• Parameters (Based on Gadgil Formula):
Hilly Terrain;
Low Population Density and/or Sizeable Share of Tribal Population;
Strategic Location along Borders with Neighbouring Countries;
Economic and Infrastructure Backwardness; and
Nonviable Nature of State finances.
• BENEFITS
Favourable funding for centrally sponsored schemes (90:10)
Continuity of unspent money to next financial year

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 Continuity of unspent money to next financial year
Incentives (e.g., tax concessions)
• CONCERNS
Lack of consensus on SCS criteria
Inter-state disparities
Encourages fiscal indiscipline
Poses a fiscal burden on Centre
• WF
Reduce dependency on central assistance
Review SCS criteria to include socio-economic backwardness
Promote inter-state collaboration and knowledge sharing
• Ceased to exist following 14th Finance Commission recommendations
• RAGURAM RAJAN COMMITTEE(2013)- abolition of SCS and intro of least developed states

 Article 371 to 371J - special provision for 12 states

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

 1956 • States Reorganization Act is passed. Delhi classified as a Union Territory
 1991-92 • The 69CAA (Article 239AA) passed to make Delhi a UT with legislature. The Government of
National Capital Territory of Delhi (GNCTD) Act, 1991 is passed.
 In Govt of NCT of Delhi vs Uoi 2018 - LG must act on the “aid and advice” of the CoM of Delhi
Parliament passed the GNCTD (Amendment) Act 2023, repealing NCTD (Amendment) Ordinance
2023.
PROVISIONS
Establishes National Capital Civil Services Authority (NCCSA).
Expands discretionary role of LG by giving powers to approve recommendations of NCCSA.
Ministers consult LG via CM, Chief Secretary before orders on key issues (Peace and tranquillity of
Delhi).
ISSUES
Central government controls officer transfer and posting.
Breaks triple chain of accountability that links civil services, ministers, the legislature, & citizens
Violates collective responsibility and enhances LG's discretionary powers.
Reduces Delhi’s legislative and executive autonomy, favouring Central control
Requires LG’s opinion before implementing executive decisions, slowing governance
WF
Explore different governance models for capital cities (Berlin, Washington DC)
Decentralize decision-making (Australia, Sydney is divided into 31 local governments,).
Provide enforcement powers to municipalities

ROLE OF GOVERNER
• Art 153 Governor in each state & 1 person can be appointed for 2 states
• 'Dual Capacity/role- the Constitutional head of the state & the representative of the Union
govt.
• Art 154-governer as repository of the executive powers
• Art 157&158- eligibility requirements
• Art 161 Governor has the power to grant pardons, reprieves, etc.
• Art 163 - CoM with the CM at the head to aid and advise the Governor in the exercise of his
functions, except some conditions for discretion.
• Art 164-The Governor appoints the CM and other Ministers & other officials like advocate general

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• Art 164-The Governor appoints the CM and other Ministers & other officials like advocate general
• Art 175-Call for a floor test
• Art 200- Governor assents, withholds assent, or reserves bill for President consideration
• Art 213 - promulgate the Ordinances under certain circumstances .
• Sometimes, acts as representative of the President (e.g. As an administrator of UT (Art. 239), during
constitutional emergency in the state (Art. 356) etc.)
• B.P. Singhal v. UoI: fixed tenure for Governors to encourage neutrality
• Karnataka election case (2018): Governor’s discretion can't be arbitrary on appointment of CM during
hung assembly.
• S.R. Bommai (1994): if the CM fails to comply with the order to take a vote of confidence, the
Governor would be duty-bound to take steps to form an alternative Ministry.
• Nabam Rebia case (2016): If governor discretion under Ar 163 is limited & shouldn't be fanciful
• Tamil Nadu Governor case (2023): SC stated that Governor cannot refer bills to President after
Assembly has re-enacted the Bills following the Governor’s declaration of withholding the assent

ISSUES
• Politicisation of the post of Governor- post – retirement incentive for the “loyalists”
• Frequent & arbitrary removals & transfer of Governors
• Pending decisions and delays disrupt parliamentary democracy.
• Administrative inefficiency due to friction with state governments.
• Burden on judiciary from disputes related to Governor's actions or exercise of discretionary powers
Governor viewed as an agent of the Centre – Misusing Discretionary powers.
• Routinely reserving bills for President’s consideration or fails to give assent to the bill.e.g. TN
Governor’s refusal to give assent to “NEET Exemption Bill”
• Recommend imposition of President’s rule based on ‘motivated reasons’.
• Allegedly inviting the ‘favoured parties’ for govt formation after election. e.g. causing fall of govt in
MH).
• Refusal to act on aid & advise of CoM: e.g.- Goa (2020): Issuance of ordinance by the Governor to
merge two municipalities w/o consulting the state government.
• Misuse of Constitutional power by the Governors by creating parallel power centres in their States to
that of Chief Minister . e.g.: The tussle between LG and CM in Delhi, Pondicherry etc.
• Dismissal of vice chancellor in state universities e.g. in kerala

WF
Sarkaria Commission: Rare use of discretion, Appointee should be a detached outsider, not act as an
agent of President ,use Ar 356 in rare cases.
Punchhi, Commission: fixed tenure+ impeachment + Ar163 not arbitrary +outside state
Venkatachaliah Commission: Governor should make use of advice of CoM in day-today administration
of state

©- In Nedam Rabia case SC held that governer should exercise its discretionary power with cuation
for good governance

INTER STATE BORDER DISPUTE

• boundary disputes between the states are ongoing issue which is causing tension for federal structure
of India.
• Meghalaya – Assam: Meghalaya challenged the Assam Reorganisation Act 1971, which gave certain
blocks of Mikir Hills (Karbi-Anglong) to Assam.
• HP – Ladakh: They lay claim to Sarchu, an area on the route between Leh & Manali.

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• HP – Ladakh: They lay claim to Sarchu, an area on the route between Leh & Manali.
• HR – HP:dispute over Parwanoo region.
• MH-Karnataka: Over inclusion of the Marathi-speaking areas of Belgaum district within MH
• CAUSES
unclear demarcations, conflicting historical records, Inaccurate survey data
Distribution and control of valuable resources like land, water, minerals, forests
To gain political advantage or appease interest groups
Non-Legally Binding Nature of Boundary commissions: Mahajan Commission est to resolve KA,KR,MH
Population Movements: Migration, settlement
Economic Development: Growth of industries, infrastructure projects may require land acquistion
• WF
• Interstate Boundary Commission: To formulate a solution, considering concerns of all stakeholders.
• Dialogue and Negotiation
• Reviving Inter-State Council: Under Article 263,
• Proactive Zonal Councils: for addressing the common concerns of the States
• Dedicated Tribunals: To be established for speedy disposal of cases.
• Mutual Cooperation & Political Will

DEMAND FOR SMALLER STATES

driven by the desire for greater regional control, cultural preservation, administrative efficiency, and
equitable development.
Vidarbha and Purvanchal
Reasons for demand
• Underrepresented Regions
• Unique Cultural Identity:to preserve their heritage (e.g.,Gorkhaland).
• Administrative Neglect
• Political Manipulation for electoral gains.
• Unequal Development: Economic disparities within states (e.g., Bundelkhand,Purvanchal)
BENEFITS
Efficient administration
Stronger Fiscal Management:
Specific policies Addressing Regional Needs
Optimal Resource Use: Reduced administrative costs can free up resources for development projects.
Inclusive Growth: Smaller states may promote balanced development and empower minorities (as
envisioned by Dr. B.R. Ambedkar).

ARTICLE 370
• SC affirmed the central govt’s 2019 action to revoke Jammu and Kashmir’s special status under Ar370
• Art 370: gave Kashmir its autonomy in the matters of internal administration, except foreign affairs,
finance, defence, & communications.
-Ar 35A: guarantee unique rights and privileges for permanent state occupants.
• Constitution (Implementation to Jammu and Kashmir) Order, 2019: Issued by President to supersede
the 1954 order and repealing the special status
J&K Reorganisation Act, 2019: The Act reorganises the state of J&Kashmir into: (i)
UT of J&k with legislature, & (ii) UT of Ladakh W/O

ACHIEVEMENTS OF ABROGATION OF ARTICLE 370:

Tourism: In 2023, J&K received over 2 crore tourists,
The GDP of J&K grew by 7.5% in the fiscal year 2023-24, slightly above the national average.
As of 2023, more than 7000 km of road length built during the past 3 years.

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As of 2023, more than 7000 km of road length built during the past 3 years.
By early 2024, over 90% of villages in J&K had 4G connectivity
According to MHA, J&K terror incidents fell to 44 in 2023 from 228 in 2018. Security forces have
neutralized over 300 militants in the last four years
CHALLENGES THAT STILL EXISTS:
• 6 mainstream political parties in J&K signed the "Gupkar Declaration" opposing abrogation.
• Militancy and insurgency, encounters between security forces and militants, cross border terrorism
and infiltration etc.
• Social and cultural issues: New domicile rules introduced in 2020 allowed non-locals to claim
residency after 15 years
•Frequent internet suspension.
•UT of J&k was created with a legislative assembly but it is still not implemented.

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New Section 1 Page 39
JUDICIARY
10 January 2025 04:03

Judicial Data
1. SC
a. Strength : 34
b. Total Pending : 83350 (34% less than 1 year old)
c. 34,000 cases instituted in 2024 till now
d. 92.6% disposal rate
e. Most cases pending before 3 judge bench
f. 9.6% female judges
2. HC
a. Strength : Sanctioned : 1114, Current : 968
b. Total Pending : 60 Lakh cases (75% more than 1 year old)
c. 32.2% vacancy
d. 14 % women judges
3. District & Lower Courts
a. Total Pending cases : 4.5 Crore (65% more than 1 year old)
4. Judge of Population Ratio : 21/Million, 120th Law Commission : 50/Million
5. Undertrials form more than 75% of total prisoners

INDEPENDENCE OF JUDICIARY

• In a democratic polity wedded to rule of law, an independent judiciary is a sine qua non.
• Justice is placed higher than the other principles of Liberty, Equality and Fraternity.
• How judciary is independednt in india
Separation of Powers-by CoI,1950
Security of Tenure- age of 65 SC (Art. 124(2)) and 62 for HC (Art. 217(1)).
Removal of Judges: impeachment under Art 124(4).

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 Removal of Judges: impeachment under Art 124(4).
Salaries & Allowances of Judges: charged on CFI
Powers and Jurisdiction of SC: Parliament may expand but can't diminish
Appointment - by Collegium system consisting of CJI & other senior judges of SC
Power to Punish for Contempt: Ar129 empowers SC to punish for contempt of itself, Ar215 HC
Separation of the Judiciary from the Executive: Art. 50 says that there shall be a separate
judicial service free from executive control.
No discussion on conduct of Judge in State Legislature / Parliament: Art. 211
• NEED
(i) Interpretation of the Constitution-eg in kesavananda bharti SC established basic str doctrine
(ii) Upholding the Rule of Law- Nandini Sundar Vs. State of Chhattisgarh SC iterated the majesty of rule
of law in upholding democracy.
(iii) Safeguarding Individual Rights and Liberties-in KS Puttaswamy SC uphold Right to privacy as FR
(iv) Prevention of Autocracy and Authoritarianism-in Minerva Mills (1980)- parliament's power to
amend the const. is limited
(v) Ensuring Checks and Balances-judiciary can strike down any law if it is unconstitutional as per Article
13 (if it violates FR).
(vi) Ensuring Accountability and Good Governance
©- independence of the judiciary, a fundamental pillar of the Indian Constitution, was affirmed in S.P.
Gupta v. UoI, forming the bedrock of India's democratic system. Ensuring all state organs adhere to legal
boundaries, the judiciary vitalizes the essence of the rule of law in the nation.

JUDGES APPOINTMENT
Art 124(2) & 217 -appointment of judges to the SC & HC
Art 124: Parliament by law prescribes the strength of the SC (currently sanctioned strength is 34)

COLLEGIUM SYSTEM
• System of appointment & transfer of judges , evolved through judgments of the SC, and not
by an Act of parliament or by a provision of Constitution.
• SC - CJI + four senior most judges+ next CJI(i.e. now 6 mem)
• HC – Incumbent Chief Justice + two senior most judges
• First Judges Case (1981):- the “primacy” of the CJI’s recommendation on judicial appointments and
transfers can be refused -gave the Executive primacy over the Judiciary in judicial appointments
• Second Judges Case (1993):-SC introduced the Collegium system(cji+2), holding that “consultation”
really meant “concurrence” with CJI (overturned 1st judgment case)
• Third Judges Case (1998):- (Art 143) expanded the Collegium to a five-member body
• NJAC 2015- upheld primacy of collegium. Strikes down NJAC (99 CAA 2014) as unconsititutional
• POSITIVES OF COLLEGIUM SYSTEM
• Keeps away politicization of judiciary.
• SC retains autonomy (Separation of executive from judiciary)
• Senior judges know better about the talents in judiciary than executive & legislative
• ISSUES
Lack of Transparency: No formal rules or recorded reasons for decisions.
Collegium members are not accountable to any external body.
Opaque Process in selection and transfer of judges.
Judicial Supremacy: Minimizes executive role, bypassing checks and balances.
Risk of nepotism and bias in appointments-Uncle judge syndrome
No Fixed eligibility Criteria for appointments.
Limited Representation: Concerns about diversity and regional imbalances in judiciary appointments.
Underrepresentation of women in higher judiciary
Other normal judiciary issues-
in house inquiry system- cji constituting panel for complaint against cji

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 in house inquiry system- cji constituting panel for complaint against cji
Master of Roster (MoR) is power of CJI to choose which benches will hear cases-
only cji hence can be influenced by central govt
judicial activism & overeach
50judges/million in world; 19judges/million in india
75% undertrials

JUDICIAL REVIEW-us
• Article 13 introduces the concept of JR. Process through which the judiciary reviews actions taken by the
executive, & past judicial decisions
• Article 32 & 226 empowers the SC & HC to issue writs for enforcement of the FR
• scope of JR in India is narrower than USA coz in USA ‘Due Process of Law’, whereas the Indian
Constitution provides for ‘Procedure Established by Law’.
• UK-no written constitution & Parliament is supreme, Court can't declare act of Parliament ultra vires
• USA- SC draws its authority of JR from the Supremacy Clause. This authority was firmly asserted and
established by US Supreme Court in historic case of Marbury v Madison (1803)
• IR coelho case(2007)- JR as basic structure+ JR of 9th sch
• Vishakha case(1997)- SC gave guideline for protection of women leading to POSH act,2013
• Prakash Singh (2007)-judgment led to Police reforms
• Shreya singhal case(2015)- IT section 66(A) struck down on ground of violation of article 19(2)
• SC struck down National Tax tribunal Act,2005 as it encroaches power of judiciary
• SC rejected NJAC,2014
• Lily Thomas Case (2013) mandated the immediate disqualification of convicted MPs and MLAs, ensuring
accountability in politics.
• Banning sale of liquor at retail outlet along highways

• Issues
Judicial Supremacy: Undermines legislative authority.
Lack of Accountability: Judges are not publicly answerable.
Subjectivity: Personal biases in interpretations.
JR can be time taking& slow process leading to delays
Erosion Separation of Powers leading to judicial overreach.
Bias Perception: Decisions may lack transparency.
Limited Expertise: Judges may lack policy knowledge.
frequent judicial interventions in governmental decisions in name of judicial review
• Benefits
Upholds constitutional supermacy
Ensures the constitutionality of laws and protects fundamental rights.
Checks & balances on legislative& executive branches of government
Promotes judicial independence and upholds rule of law.
Enhances legal clarity by interpreting ambiguous laws.
Protects minority rights from majority oppression.
Strengthens the separation of powers between branches of government.

JUDICIAL ACTIVISMUS
• Judicial activism signifies the proactive role of the Judiciary in protecting the rights of citizens
• Term judicial activism was coined by Arthur Schlesinger, Jr. in an article published In Fortune 1947.
• Romesh Thapar case(1950)-court held that right to freedom of speech includes the
right to freedom of the press.

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 right to freedom of the press.
• AKGopalan’s case- Maneka's Case, kesavananda bharti
• National Legal Services Authority case (2014)-SC ruled that transgender people have the right to be
treated as their self-identified gender.
• MC Mehta (1986)-SC took action on air pollution in Delhi by implementing the odd-even vehicle
rationing scheme and banning the sale of firecrackers during Diwali.
• SC in 2013 directed centre & states to set up Civil Services Board(CSB) for management of transfer,
posting, action etc. of civil servants
• Subramanian Swamy v. ECI (2014), SC directed the inclusion of NOTA on EVMs and emphasized the use
of VVPAT
• SC in 2012 held that only sitting/retire CJ of HC/SC can head at centre/ state Info. Commission
• Shatrughan Chauhan (2014)-prolonged delays in executing death sentences can justify commuting the
sentence
• MC mehta(1987)- polluter pays for pollution
• Bandhua Mukti morcha case- right to live with human dignity, free from exploitation
• Necessity-
legislature and executive have failed to deliver the desired results.
parliament became ignorant of its legislative duties.
The principles of democracy were continuously degrading.
PIL brought forward the urgency of public issues.
violation of basic human rights

• Judicial Restraint - antithesis of Judicial Activism.

Maintaining Separation of Powers by respecting the roles of the legislature and executive.
Preventing Judicial Overreach and protecting democratic processes.
Ensuring Stability in governance by limiting unnecessary interference.
Promoting Constitutional Supremacy by adhering to legal principles.
Encouraging Policy-Making by Legislators rather than courts.
Upholding Public Confidence in an impartial judiciary.
• In Divisional Manager, Aravali Golf Club v. Chander Hass (2008), the SC held that courts must respect the
SoP and avoid judicial overreach by not interfering in administrative or legislative functions.
• Government of AP v P Laxmi Dev (2008)- SC ruled that laws cannot be invalidated by JR merely for being
harsh unless they contravene the Constitution.
• Judicial overreach- direct effect of legislative and executive negligence or inability is "judicial overreach"
• SC 2006 banning the use of loudspeakers and public address systems during night hours across India
• Impact-
Erodes SoP by encroaching on legislative and executive domains.
Weakens Democratic Processes by undermining elected representatives' authority.
Disrupts Governance through excessive interference in administrative functions.
Reduces Policy Efficiency by creating legal uncertainties.
Undermines Judicial Credibility by overstepping constitutional limits.
Shifts Accountability from elected bodies to unelected judges.

SUO MOTO
• Suo-moto’ power is granted by S. 23 of the Contempt of Courts Act, 1971 in regard to contempt of court.
• power of the SC/HC to initiate legal proceedings without a formal complaint or petition by taking up
matters based on media reports or act on letters written to them
• form of judicial activism to address urgent issues and ensure the swift administration of justice
• Contempt of court
The Kolkata rape and murder case
The deaths of UPSC aspirants in a Delhi coaching centre

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 PIL us
• The seeds of PIL were sown in India by Justice Krishna Iyer & word was coined by Justice P.N Bhagwati.
• legal action that allows individuals or groups to file petitions in a court of law to enforce the public
interest.
• seeds of PIL by Justice Krishna Iyer, in 1976 in Mumbai Kamagar Sabha vs. Abdul Thai.
• 1st case of PIL Hussainara Khatoon vs. State of Bihar (1979) - inhuman conditions of prisons & prisoners
that led to release of more than 40,000 under trial prisoners.
• Indian Banks’ Association vs. M/s Devkala Consultancy -a private interest case can also be treated as
public interest case.
• M.C Mehta vs. UoI(1987): against Ganga water pollution
• Vishaka v. State of Rajasthan(1997): - sexual harassment as a violation of Article 14, 15,21. also directed
POSH act

• Advantages of PIL
Access to Justice: Enables marginalized groups to seek legal redress.
Judicial Activism: drives legal and policy reforms.
Ensures enforcement of basic rights like education and health.
Fills Legislative Gaps by issuing guidelines.
Judicial Innovation: Expands the scope of legal remedies and public accountability.
Global Impact: Influences PIL practices in other countries like in Hongkong, Srilanka
Problems with PIL
Judicial Overreach: Risk of courts encroaching into policy-making domains.
Frivolous Litigation: Increasing misuse by individuals for personal gain or publicity.
Adds to the workload and delays in the judiciary.
Inconsistent rulings may undermine judicial credibility.
PIL petitioners may not always represent genuine public interest.

Supreme court
• Articles 124–147 in part v
• SUPERMACY OF SC-
Ar 139(A)-SC can transfer any case pending before HC to Other HC or itself
Ar141- laws made by SC binding on all courts,including HC
Ar 144- all civil and judicial authorities in India must assist the Supreme Court
Tirupati Balaji Developers vs. State of Bihar (2003) -of mutual respect and judicial discipline b/w SC and
HC, mandating HC to adhere to SC precedents as binding law under Article 141 of the Constitution

High court
Articles 214 to 231 in Part VI
7th CAA of 1956 authorized Parliament to establish common HC for two or more States & UTs

Gram nayayalaya Part of adr

• mobile village courts established to provide speedy and easy access to justice system in the rural areas
• Established at intermediate/block level panchayats and is presided by Nyaya Adhikari
• Gram Nyayalaya Act, 2008(both civil& criminal laws)
only 15 state have taken steps
only 208 GN functional with target of 5000 GN
• Issues
Poor public awareness about Gram Nyayalayas and their benefits

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 Poor public awareness about Gram Nyayalayas and their benefits
Failure to provide speedy and inexpensive justice in rural areas.
Lack of proper infrastructure, resources, and basic facilities affects their effectiveness.
Insufficient judges and supporting personnel hinder their functioning.
Delays in financial support from both state and central governments
Absence of a regular cadre of Gram Nya Adhikari.
• WF
Set clear and time-bound targets for Gram Nyayalaya
Establishment based on population density and caseload.
Conduct training programs for Nyayadhikaris and other stakeholders.
Engage with tribal communities to address concerns and
develop culturally sensitive procedures for Gram Nyayalaya.
Ensure Gram Nyayalaya complement traditional justice systems, not replace them.
Conduct procedures in local language and making the process simple.
Clearly define the jurisdiction of Gram Nyayalaya

ADR
Process in which disputes are settled outside courtroom
Speedy & expeditious resolution of disputes
Cost effective
Reduces the burden on public finances in a country where resources are already strained
Fewer traumas to the people involved
Confidentiality
Harmonious resolution of disputes and interest to society at large

Arbitration and Conciliation Act, 1996

Mediation Act, 2023
Limitation-
An arbitration award is binding thus lacks ability to appeal the decision
Cross cultural language barrier during ADR process
All cases may not be a fit for ADR mechanism.
It can be used as a tactic to stall case.
Little or no check on power imbalances between parties
Justice B.N. Srikrishna Committee Report on Institutionalization of Arbitration Mechanism in India (2017)
(i) Creation of an Autonomous Arbitration Promotion Council of India (APCI)
(ii) Setting Up an International Centre for Arbitration in India like SIAC (Singapore International
Arbitration Centre)
• Malimath commission-ADR imp role in doing away with delays & congestion in courts

Lok adalat
• consist of a chairman who is a sitting or retired judicial officer, along with two other members, usually a

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• consist of a chairman who is a sitting or retired judicial officer, along with two other members, usually a
lawyer and a social worker.
• it was given statutory status under the Legal Services Authorities Act, 1987
• National Legal services authority (NALSA) along with other Legal Services Institutions conducts Lok
Adalats.
• to provide quick, inexpensive justice without the lengthy and expensive procedures common in regular
courts.
• Organising Agencies: Lok Adalats can be organised by NALSA, State Legal Services Authority, District
Legal Services Authority, Supreme Court Legal Services Committee, High Court Legal Services Committee,
or Taluk Legal Services Committee at intervals and places they deem necessary.
• Awards made by Lok Adalat have the status of a decree of a civil court and are final and
binding on the parties. Awards cannot be appealed in any court
• BENEFITS
No Court Fees:
procedures are simple and not bound by technical rules of evidence or civil procedure
Direct Interaction with the judge through their counsel
Final and Binding Awards
Less Time-Consuming: Lok Adalat provides quicker resolutions,
Harmonious Judgement: Lok Adalat fosters a spirit of cooperation where neither party feels like
they have lost
• Issues
Not appropriate for complex cases
Diminished Party authority
Absence of Appeal
Attendance is voluntary, leading to enforcement challenges.
No effective system to ensure compliance with settlements
Overburdening of Cases
Focus on compromise settlements may result in compromised justice over fair adjudication.

NALSA
• NALSA was constituted under the Legal Services Authorities Act, 1987 oversees legal aid policies
across india and to develop rules and principles for providing legal services under the Act.
• It aims to provide free legal services to weaker sections of the society
• Central govt funded
• The legal aid under it is applicable to Courts, tribunals, and other bodies with judicial or quasi-judicial
powers. It also promotes Settlement via ADR Mechanisms.
• weaker sections covered under Section 12 of the law include: Women and Children, Members of SC/ST,
Persons with Disability, person with less than 1lakh income, mentally ill or disabled person, industrial
workman, victim of trafficking or begar, person affected by disaster
• NALSA grants authority to oversee legal aid initiatives to:
Legal Services Authority at National/State/District Level
Taluka/Sub divisional Legal Services Committee
HC and SC Legal Services Committees
• Steps taken by NALSA
Expanding Reach and Accessibility-NALSA has been instrumental in establishing legal aid clinics, Lok
Adalats & legal awareness camps to bring legal assistance closer to the grassroots level..
Targeting Vulnerable Groups- Assistance to women in cases of domestic violence during lockdown
(National Legal Aid Helpline-15100), legal services for transgender rights (NALSA Judgement).
For legal awareness among prisoners- Haq Hamara bhi to hai campaign by NALSA.
ADR Mechanism-NALSA's efforts in Organizing Mega Lok Adalats for amicable settlements, easing court
burden.
Awareness Campaigns and Education- eg "Legal Literacy Clubs" in schools and colleges is to instill legal
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 Awareness Campaigns and Education- eg "Legal Literacy Clubs" in schools and colleges is to instill legal
awareness among students. The "Women Empowerment through Legal Literacy" program to educate
women about their legal rights. Nyayadeep (the official newsletter of NALSA )for sharting views and
ideas).

• Constitutional Provisions related to Free Legal Aid

Article 39A: Mandates the State to ensure justice with equal opportunity, including free legal aid
provision.
Article 14: Guarantees equality before the law for all individuals within India's territory.
Article 22(1): Provides protection to individuals arrested or detained, ensuring their right to legal
consultation and representation.
• Issues with NALSA
Lack of Awareness: Despite 80% eligibility, only 15 million used legal aid since 1995
Budget Constraints: India's legal aid spend 0.75 paise per capita annually in 2017-18
Lawyer Compensation: Lawyers refrain from pro bono due to fee caps
Staff Shortages& unfilled vacancies: 20 out of 34 positions filled (Dec 2022)
Underutilized Para-Legal Volunteers
• Recommendations
NALSA should aid vulnerable groups, especially undertrials, and address prolonged detentions.
Increase NALSA funding, mandate annual pro bono work
Recognize pro bono contributions with Merit Certificates.
Upgrade Lok Adalats with technology and resources.
Train PLVs comprehensively, provide resources, and fair compensation
Fill vacant positions promptly and consistently
• Government Initiatives for legal aid
Nyaya Bandhu Platform: Facilitate connection between Pro Bono Advocates and registered beneficiaries
Legal Aid Defence Counsel System (LADCS): by NALSA, ensures efficient legal aid in criminal cases
Nyaya Mitra programme: disposal of 15-year-old pending cases at the district level through it

JUDICIAL REFORMS
Judicial reforms are changes to a country's legal system, including the court system, laws, and
procedures, to make the justice system more efficient, transparent, and effective.
• NEED
Pending of cases-5.1crore , district court accounting 87%
Undertrials: According to NCRB in 2020 76% prisoners were undertrials
Lack of women representation
Burden of extrajudicial work like Legal Services diverts focus and time.
Shortage if judges-30% HC seats are vacant
Appointment of Judges via collegium system criticized for being opaque
• Measures to be taken
Indianization of judiciary-need to promote local languages(PN Bhagwati in MC Mehta case)
National Judicial Infrastructure Authority of India (NJIAI) proposed to address infra related challenges
Public disclosure of income by judges
Retirement age should be same 62 HC, 65 SC
Make Judicial Impact Assessment compulsory whenever new laws are made.
Creation of AIJS
Technology infusion. e.g. LIMBS portal, SUPACE(ai of sc)
Improve legal edu
Enactments of commercial courts to ensure speedy trial

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• SIGNICANT REFORMS
National Mission for Justice Delivery and Legal Reforms (2011)- to reduce delays and arrears, improve
accountability
e-Courts Mission Mode Project-to improve access
Virtual court system: regular court proceedings conducted virtually through videoconferencing.
e-Sewa Kendras: To provide e-filing services to lawyers and litigants to bridge the digital divide.
ADR: Lok Adalats, Gram Nyayalayas, Online Dispute Resolution, to ensure timely justice
Fast Track Courts-to expedite trial of specific categories of cases, including heinous crimes
NyayaBandhu platform & the UMANG app created to connect advocates with citizens requiring free legal
services.
Judicial Infrastructure Development-increased construction of court halls & judicial residential units

Factors hindering Judicial reforms

Resistance to change
Corruption within the Judiciary
Insufficient capacity to implement the reforms
Overburdened court system
Political interference
Insufficient resources and funding to the judiciary
Bureaucratic red-tapism
Lack of public awareness

AIJS
• AIJS is a reform that seeks to centralize the recruitment of judges at level of additional district judges and
district judges for all states.
• Article 312 allows Parliament to create AIJS upon a resolution by the Rajya Sabha supported by at least
two-thirds of its members.(Intro)
• Article 236 defines the terms "judicial service" and several other judicial positions
• Articles 233 & 234 granting states the authority over the appointment of district judges, managed
through SPSC & HC
• creation of AIJS will transfer control over state judiciary to Union govt, by removing control of HCs on
recruitment process
• NEED
Reduce pendency of cases( 5.1 crore pending cases in judiciary)
Solution to judicial vacancies (5600 vacancy judiciary)
Qualified legal talent (116th Law Commission Report).
Social Inclusivity Improving quality and efficiency of Judiciary
Time Consuming Collegium Process
• Issues with setting up AIJS
Structural issues E.g. infrastructural issues or varying pay and remuneration across states Career
uncertainty
Local language barrier
Difference of opinion among the States and HCs
• Way forward to effectively implement AIJS
Stakeholder Consultation
Include a local language proficiency test in the recruitment process.
Implementing AIJS on a pilot basis in select states to assess its impact
AIJS exams should be conducted regularly with time-bound manner

Regional Benches of SC
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 Regional Benches of SC
• Article 130 - It says that the SC shall sit in Delhi or in such other place or places, as the CJI may, with the
approval of the President, from time to time, appoint.
• 229th Law Commission Report (2009) recommended four regional benches to be located in Delhi,
Chennai or Hyderabad, Kolkata, and Mumbai to hear non-constitutional issues.

• Need of Regional benches of SC

access to justice which is a FR under Articles 14 and 21.
Increase number of Judges in SC, thereby increasing the Judge to Population ratio
Reduce geographical bias E.g. language barrier, issues in finding lawyers, the high cost of travel .
Reduce litigation cost to common man
Constitutional mandate (Article 130)
• Challenges in the creation of regional benches
Identifying and categorizing a case as being of constitutional significance poses a challenging task
Affect the unitary character of the SC
Regional benches of SC, deciding only appellate matters would reduce the position of SC
Opposition from SC
Rise of conflicting precedents resulting in increased litigation.
• Way Forward
Promote Virtual hearing for speedy disposal of cases & address the geographical barriers
Learn from France’s separate appeal and cassation courts.
95th Report of Law Commission (1984): Proposed two divisions in SC—Constitutional and Legal.
Constitutional amendment for separate court for appellate & consititutional hearing
Facilitate judicial reforms by increasing judicial staff and judges

Women in Judiciary
• 13.4% in HC and a mere 9.3% in SC
• District judiciary - of 36.3%
• On average - 25% of the world's judicial officers are women
• After independence: 1959: Anna Chandy the first woman to be appointed as a judge of a HC (Kerala HC)
• Justice B.V. Nagarathna, is poised to be the first woman CJI in 2027.
• REASONS FOR LOW REPRESENTATION:
○ Opaque collegium system: In higher judiciary appointments can perpetuate biases against women.
○ Deep-rooted patriarchal norms in society hinder women's representation in the judiciary,
○ Uneven representation of women across HC with Some states have no women judges or only one
○ Lack of supportive infrastructure such as toilets and maternity leave, contribute to a high attrition
rate among women lawyers. e.g. about 20% of the district courts in India lack separate toilets for
women
○ Judicial rule hurdle- Ex: Art 233: 7 years of continuous practice as an advocate required for District
Judge appointment.- Marriage & family responsibilities during these age brackets reduce women's
ability to compete for judicial roles.
○ No women’s reservation: Unlike lower judiciary levels in some states, High Courts and the Supreme
Court lack reservation policies for women
○ Lack of role models and mentorship
• SIGNIFICANCE OF WOMEN IN JUDICIARY:
Broaden judicial outlook e.g. Justice Indira Banerjee's rulings in the SC provided crucial insights into
gender-sensitive issues.
Women judges advocate for equality & dignity through landmark decisions. e.g. Vishakha Guidelines
Act as Role Models & mentors
Global Influence: Judges like Justice Gita Mittal's work shape international gender justice standards.
Improve quality of justice delivery

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 Improve quality of justice delivery
• Way forward
50% reservation for women in the judiciary, as proposed by Justice Ramana.
Lowering minimum age for district judge appointments to retain women in legal practice.
Establish committee similar to Gender Bias Task Forces in US to address gender disparities within
judiciary
Judges must adopt a feminist perspective & empathize with victims of sexual violence, as
highlighted by CJI
Enhancing judicial understanding of gender issues by integrating gender sensitisation into the All-
India Bar Examination
• Justice Gyan Sudha Misra: Noted for the Vishakha case judgment, defining sexual harassment at
workplaces as a violation of fundamental rights, advancing women's rights jurisprudence.
• Justice Indu Malhotra: Played a pivotal role in the Sabarimala case, enabling women of all ages to enter
the Sabarimala temple in Kerala, emphasizing gender equality in religious practices.
• Initiatives-: SC reserved 1/3rd of the seats in the executive committee of the Supreme Court Bar
Association (SCBA) for women.

Contempt of court
• It is an act of disrespect or disobedience toward a court or interference with its orderly process.
• defined under Contempt of Courts Act, 1971 and are of 2 types:
Civil contempt -when someone intentionally disobeys a court order,
Criminal contempt-when someone acts in a way that disrespects a court's authority.
• Article 129 & 215 - SC & HC as courts of record with power to punish for contempt of itself.
• Article 19 (2) - Contempt of Court as a reasonable restriction on freedom of speech and expression.
• SC has clarified that any court of record has the inherent power to punish for contempt.

Digitizing judiciary
• process to make court records and processes available electronically to make the legal system more
accessible and efficient.
• Online e-Inspection Software of delhi HC.
• FASTER System: system for electronic transmission of SC orders
• SUPACE: AI-based portal to assist judges with research. It collects relevant facts & laws and makes them
available to a judge.
• SCI-Interact: Launched by Supreme Court to make all its benches paperless.
• LIMBS: to track the entire life cycle of a case efficiently.
• Supreme Court Vidhik Anuvaad Software (SUVAS): to translate judicial orders from English to vernacular
languages, faster and efficiently
• SIGNIFICANCE
Transparency: Public access ensures accountability and reduces misinformation.
Citizen Services: Streamlines case filing, judgment access, and status updates.
Access to Justice: Enables remote hearings and virtual courtrooms.
Efficiency: Optimizes case scheduling and reduces delays.
Engagement: Promotes public participation and feedback.
Interoperability: Links systems like ICJS for better coordination.
Legal Research: Aids in research and jurisprudence development.
• Concerns in Digitizing Judiciary
Infrastructure Gaps: Requires reliable electricity, internet, and funds.
Policy Deficit: Lack of a clear e-courts framework.
Skill Shortage: Insufficient technical expertise.
Digital Divide: Limited access in rural areas.
Data Security: Risks of data breaches.
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 Data Security: Risks of data breaches.
Witness Impact: Public trials may intimidate sensitive witnesses.
Other Issues: Concerns over evidence authenticity and lack of trust.

Prison Reforms
• Prisons: > 1400, Prisoners: >5.5 lakhs.
• Undertrials: > 75%.
• ‘Prisons’-State subject under State List in 7th Schedule
• Governed by the Prisons Act, 1894, and the Prison Manuals of the respective state governments
• Challenges in prison governance
Difficulty in obtaining bail
Overcrowding (130.2% occupancy rate)
Understaff (approximately 30% vacancies)
Prison budget (only 0.6% spent on vocational/educational training)
Low representation of women staff (only 13.77%)
Instances of torture and sexual abuse
Lack of basic facilities such as sanitary condition, proper food, medical & health care, clothingetc
• Steps taken
Model Prison Manual 2016 standardizes prison administration
Modernization Scheme enhances infrastructure and logistics
The E-Prison Project improves management
Model Prison Act, 2023 – updates prison management and ensuring the transformation of inmates into
law-abiding citizens and their rehabilitation in society
• WF-
Implement “Support to Poor Prisoners programme” announced in the Union Budget 2023
Utilise technology like trackable bracelets to keep track of prisoners on bail
State Governments should create a Prison Development Fund for prisoner welfare.
Renovate colonial-era prisons for heritage preservation and tourism revenue
Undertrials in jails to be reduced to bare minimum
After-care, rehabilitation and probation to be an integral part of prison service

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 QUASI JUDICIAL

TRIBUNALS
• Ar 323A(adm, est only by parliament) & 323B(parliament+state leg.), part IV, 42CAA 1976
• Reduce case load of judicairy or bring in subject expertise for technical matters.
• Chandra kumar case- appeal against tribunals to HC
• ISSUES
Lack of independence
Tribunalization of justice-by taking power of regular courts
Overlapping Jurisdictions between tribunals and regular courts
Bypassing Jurisdiction of High Courts- major crticsm of tribunals(eg chandra kumar case)
Pendency-272nd Law Commission Report, the pendency figures for the CAT is 44,333 cases.
Administrative concerns- non uniformity in appointment process, qualification of members, age of
retirement
Short tenures and re-appointment s increase Executive control over judiciary
• WF
Create the National Tribunals Commission (NTC) for tribunal administration
Expedite tribunal member appointments to prevent delays and reduce case backlogs
Judicial Impact Assessment
Conduct financial impact assessment to indentify needs of tribunals
Financial independence
Tribunal members shall not be accorded a status equivalent to that of HC/SC judge.

NGT
• unique” forum endowed with suo motu (on its own motion) powers to take up environmental issues.
• set up under the National Green Tribunal Act (2010) for effective and expeditious disposal of cases
relating to environmental protection and conservation of forests and other natural resources.
• The NGT deals with civil cases under the seven laws related to the environment, these include:
The Water (Prevention and Control of Pollution) Act, 1974,
The Water (Prevention and Control of Pollution) Cess Act, 1977,
The Forest (Conservation) Act, 1980,
The Air (Prevention and Control of Pollution) Act, 1981,
The Environment (Protection) Act, 1986,
The Public Liability Insurance Act, 1991 and
The Biological Diversity Act, 2002.
• 3rd country after Australia & NZ
• Binding decision
• guided by the principles of natural justice and is not bound by the procedure prescribed under the Civil
Procedure Code, 1908
• In 2012, POSCO a South-Korean steelmaker company signed a MoU with the Odisha government to set
up steel project-NGT suspended order
• Chairperson: A retired Supreme Court judge
• Issues-Wildlife (Protection) Act, 1972 and ST & Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 - kept out of NGT’s jurisdiction-hampers its functioning as crucial forest rights issue is
linked directly to environment.
Lack of clarity on the position of the NGT in relation to High Court
lack of human and financial resources leading to high pendency

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 lack of human and financial resources leading to high pendency
Almitra H. Patel case.- Complete prohibition on open burning of waste on lands.

NHRC
• statutory body, established under the Protection of Human Rights Act, 1993.
• Not inquire into any matter after 1 year, sau moto
• NCW,NCSC,NCST,NCBC,NCPCR,NCM,office of chief commisioner for person with disabilities
• power of civil court with judicial proceeding
• NHRC Performance-aim to promote and protect the rights of various marginalized groups and ensure
adherence to human rights standards. Some notable issues taken up by the Commission include:
Abolition of Bonded/child Labour
Rights of the Disabled Persons
Rights of Persons Affected by HIV / AIDS
Steps to Check Custodial Deaths, Rape and Torture, etc.
• ISSUES
Delayed Appointment of Chairperson and members
Global Alliance of National Human Rights Institutions (GANHRI) recently deferred NHRC's the lack of
transparency in appointment process & insufficient representation of women ,minorities within the
Commission.
Non-Binding Recommendations
NHRC is k/as "toothless tiger" due to passive in addressing human rights violations,term coined by
former cji HL Dattu, its chairperson in 2016.
Inability to Punish or impose penalities on Violators
Lacking an independent investigative mechanism
Time Constraints on Complaints- within 1 year
Limited funding and staff
Reactive Approach rather than proactively preventing human rights violations.
• WF
Granting NHRC power to enforce its recommendations
Allowing the NHRC to independently investigate cases
Implementing time limits for investigations to ensure swift justice for victims of human rights violations.
Increasing Financial Autonomy
Diverse Composition: Including members from civil society, human rights activists, and experts
Regular training and capacity building commission members and staff
Regular monitoring and evaluation of the NHRC’s performance

☺ Central Vigilance Commission recommended by Committee on Prevention of Corruption, headed by K.

Santhanam

CBI
Motto “Industry, Impartiality and Integrity”
premier investigating police agency in India.
not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act,
1946.
Recommended by santhanam committee

Central information commission

• established under the provisions of the Right to Information Act (2005). It is not a constitutional body.
• duty of the Commission to receive and inquire into a complaint (who has been refused to access to any

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• duty of the Commission to receive and inquire into a complaint (who has been refused to access to any
info, info not within time limit, wrong/misleading info, unreasonable free charged for accessing info)
from any person regarding information requested under RTI, 2005
• The Commission can order an inquiry into any matter if there are reasonable grounds (suo-moto power).
• While inquiring, the Commission has the powers of a civil court under civil procedure code,1908 in
respect of summoning, requiring documents ,receiving evidence.
• ISSUES With CIC
Increasing govt control on CIC on allowance or service conditions
Five times higher pendency than cases disposed
Poor record management process led to delay in processing RTI cases
Vacant positions for significant periods
Lack of required knowledge of act to deal with RTI applicatio
• WF
Efficient record management by uploading disclosable documents on departmental websites
Training programmes by experts for handling RTI applications.
Creating awareness among citizens through radio, television, and print media, publishing RTI Act 2005 in
regional languages
enhance the number of information commissioner in CIC to quickly dispose pending cases.
• Initiatives •
Online portal: 24 hours’ portal service introduced for e-filing of RTI applications
RTI (Amendment) Bill, 2019: To further streamline and institutionalize the RTI Act of 2005.

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New Section 1 Page 55
 Separation of power
15 January 2025 02:05

• Montesquieu coined the term "separation of powers" in 'The Spirit of the Laws' & put liberty as most
effectively safeguarded by SoP.
• Art 50- states shall take steps to separate the Judiciary from the Executive

Interference of Executive in Legislature

Article 53 & 79:The President is vested with the executive power of the union, & also, he/she is an integral
part of Parliament.(168 state)
Article 85(1)-President 's power to summon & prorogue Sessions of the Houses of Parliament. The time and
place of holding the session is to be determined by him.(174 state)
Article 85(2)-President may dissolve LS before the expiry of its term of 5 years
Art 111-president's power to approve bills passed by parliament. (state200)
Art 112- Every year the President causes to be laid before both houses of Parliament the Annual Financial
Statement (state 202(1))
Article 103(1) - President to decide on questions regarding the disqualification of a Member of Parliament,
after consulting the ECI (state 192)
Ordinance making power president(123) & governor (213)
Article 356 -allows the President to take over a state's governance in the event of a constitutional breakdown
In India, delegated legislation is allowed, where the Parliament can delegate its legislative powers to the
Central or the State Governments for the purpose of making rules

Interference of Executive in Judiciary

• Ar 50& Accordingly, the Parliament enacted the CrPC 1973, which separated the judiciary and the executive.
OVERLAP
• Art 361: The President & Governor enjoy immunity from court proceedings.
• Article 72: the President's clemency powers overlap with the judicial functions.(gov 161)
• Tribunals (Art 323a & 323) & other quasi-judicial bodies which are part of executive also perform judicial
functions
• The District Magistrate, while acting as a Returning officer, acts in a quasi-judicial capacity where he/she
must scrutinize the nomination papers and then decide whether the candidate is fit to contest.
• Ar 124(2)- the President of India shall appoint the judges of the SC & HC under his hand and seal

Legislature in India and Doctrine of Separation of Powers

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 Legislature in India and Doctrine of Separation of Powers
Ar 79: parliament for union consisting of prez+ LS+ RS (state168)
Ar 248: residuary power of parliament
Ar246
Ar 118 -empowers Parliament to make its own rules of procedure and conduct of business (state 208)

Interference of Legislature in Executive

Article 54 - election of president by the members of an electoral college
Article 61- Impeachment Proceedings against President carried on by Parliament

Interference of Legislature in Judiciary

Leg exercises its judicial power in impeachment of prez, breach of its privilege & removal of judges.
Ar 13,32,226-Judiciary can declare a law as ultra vires
Article 121: No discussions in Parliament wrt the conduct of any Judge of SC/HC in discharge of his duties.
Article 122&212: Courts not to inquire into proceedings of the Parliament. & state leg
Article 105 - powers, privileges, & immunities of the Parliament &its members & committees(194 state)
Article 262 Parliament's power to enact laws & preventing courts from exercising jurisdiction over disputes
related to the use, distribution, or control of waters in inter-state rivers or river valleys..

JUDICIAL pronouncements
Re Delhi laws act case(1951) - reaffirmed SoP
Kesavananda Bharati case(1973)- SoP- basic structure
Indira Gandhi VS Raj Narian (1975)- In Indian ©ion there is a SoP in a broad sense only. No ©ion can survive
without a conscious adherence to checks & balances
Madhu V Holamagi vs UOI- penalised petitioner for PIL against Indo US nuclear treaty saying it’s a job of
parliament not judiciary

©Aristotle & Montesqui advocated SoP

Anti Defection law (ADL)

• introduced via 52nd CAA, 1985, which added 10th schedule to the constitution.
• Made changes to Art 102 & 191 by adding provisions related to disqualification on the ground of defection.
• 91st CAA, 2003- now at least 2/3 members of a party must be in favour of a "merger" for it to have validity
in the eyes of the law.(earlier 1/3)
• NEED
Prevention of ‘Aya Ram - Gya Ram’ Politics
curb the corrupting influence of money and power on politicians
Ensuring responsibility and Loyalty to political party
Provide greater political stability by checking propensity of legislators to change parties
Upholds will of people
• Issues
○ Speakers' rulings can be politically biased.
○ No recognition of split ,but of merger
○ Limits legislators' ability to change parties.
○ Encouraging Horse Trading such as "buying" or "selling"
legislators to maintain or shift power.
○ Long processes allow defectors to retain positions

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 ○

• Suggestion
SC suggested to set up independent tribunal for faster & impartial adjudication.
Defining clearer criteria for defection to avoid arbitrary decisions.
Fast-tracking disqualification proceedings to prevent delays.
Issue of disqualification of members on grounds of defection should be decided by President/Governor on
advice of EC (2nd ARC recommendation)
Active involvement of ethics committee
• Kihoto Hollohan (1992: Speaker's decision on disqualification under the ADL is subject to judicial review, on
grounds of malafide& irregularities
• Keisham Meghachandra Singh Case, 2020: SC held that disqualification petitions under Tenth Schedule
should be decided by Speakers within three months.
• Halim committee(1994)-words for political party & voluntarily giving up should be properly defined.
• Election commission: prepoll alliance should be considered as political unit.

Office of profit uk
• Positions held by MPs or MLAs that may provide financial gain or benefit.
• Art 102 &191-A person will be ineligible to be elected as a member of the Parliament if they hold any office
of profit under the government of India or any state, except for those offices that have been specifically
declared by law to not cause disqualification.
• The Parliament (Prevention of Disqualification) Act, 1959- act amended multiple times to expand the list of
offices that are exempt from disqualification. -Minister of union or state; Leader of opposition in the
Parliament; Chairman of NCM,NCBC,NCST,NCW
• Representation of People Act, 1951(RPA,1951) -disqualifies a person from holding office if engaged in
government contracts for goods supply or works execution..
• In 2018, on ECI recommendation, President disqualified 20 MLAs of Delhi for holding an ‘office of profit’ in
form of Parliamentary Secretaries to to various ministries in the Delhi government.
• RATIONALE
separation of power b/w legislature and executive
prevention of conflict between duty and interest of an elected member
Ensures legislators remain independent and hold executive accountable.
Preserves public trust in democratic institutions.
• Second ARC Recommendations on Office of Profit:
Advisory bodies should not be treated as offices of profit, even if remunerated.
Offices with executive decision-making power and control over public funds should be considered OoP.
Offices having close coordination with CoM is essential for governance, shouldn't be treated as an OoP
SC’s stance: Practicality and critical circumstances should guide decisions, not rigid tests.
Election Commission should be mandated to determine the offices of profit.
• Jaya Bacchan case(2006): court held that an office of profit is an office that is capable of yielding a profit or
pecuniary gain. The actual ‘receipt’ of profit is not necessary, the ‘potential’ to yield the profit is sufficient.
• UC Raman case(2014): Constitution allows a legislature to pass a law to grant exemption to any office of
profit holder.
• In 2009, the Bombay High Court also held that appointing parliamentary secretaries of the rank and status of

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• In 2009, the Bombay High Court also held that appointing parliamentary secretaries of the rank and status of
a Cabinet Minister is in violation of Art 164, which limits the number of ministers in an assembly.

DELEGATED LEGISLATION
• Process by which executive authority is given powers by primary legislation to make laws to implement and
administer the requirements of that primary legislation.
• From 2008 to 2012, only 100/7000 pieces of delegated legislation scrutnised by commission.
• Factors responsible for the rapid growth of Delegated Legislation
○ Pressure upon Parliamentary time
○ Technicality
○ Flexibility
○ Experiment
○ Emergency
○ Complexity of modern administration
○ Better understanding of ground realities
• Functions that can’t be delegated :
○ Essential Legislative functions
○ Repeal of Law
○ Exemption
○ Removal of difficulties
○ Retrospective operation
○ Future Acts
○ Imposition of Tax
○ Ouster of jurisdiction of courts
○ Offences and Penalty
• Significance
ensures efficient implementation of laws.
Provides flexibility in adapting laws quickly.
Allows use of specialized knowledge in lawmaking.
Enables faster decision-making on urgent matters.
Helps manage overloaded legislative agendas.
Ensures consistency and continuity in governance.
• Criticism
may bypass parliamentary scrutiny.
Risk of excessive power in the hands of the executive.
Potential for arbitrary decisions without clear legislative guidance.
It may lead to inconsistent application of laws.
Limited public awareness of rules made through delegated legislation.
Erosion of parliamentary sovereignty if overused.
• Way forward
○ Ensure regular parliamentary review of delegated legislation
○ Create additional working committees within Standing Committee on Subordinate Legislation to
conduct thorough rule analysis
○ citizens can ensure accountability and transparency in delegated legislation by staying informed
○ Establish clear guidelines on when and how delegated legislation can be used.
○ Encourage transparency by making delegated laws accessible to the public
○ Rules should be framed by the executive within six months from the date of commencement of the
parent Act. E.G. Violated in the Waqf Act where it took 2.5 years.
• Petition Vivek Narayan Sharma vs Union of India (Demonetisation case), 2016: SC upheld validity of

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• Petition Vivek Narayan Sharma vs Union of India (Demonetisation case), 2016: SC upheld validity of
delegated legislation by upholding Centre's 2016 decision on demonetisation
• D. S. Garewal case: Court held that Article 312 deals with powers of delegated legislation.
• ©-The delegated legislation is so multitudinous that the statute book would not only be incomplete but
misleading unless it be read long with the delegated legislation which amplifies and amends it.- Sir Cecil Carr

Ordinance
• Ordinances are temporary laws directly promulgated by the President or Governor if they are satisfied under
Art 123 and 213 respectively to cater to an urgent scenario.
• States have higher re-promulgations : KL (140/144 Ordinances in 2021 reissued)
• Why do they happen?
● Reluctance to face the legislature on particular issues
● Fear of defeat in the Upper House where the government may lack the required numbers.
● The need to overcome standoff in the legislature caused by repeated and wilful disruption by a section of
the Opposition
● Political Instability
● Enabling the executive to meet any urgent situation when parliament not in session
• [Link] v. UoI (1982) : Ordinance should not be used as a substitute for parliamentary legislation and should
be resorted to only in cases of extreme urgency
• DC Wadhwa vs .State of Bihar Case (1987) : govt's practice of re-promulgating ordinances without legislative
approval was unconstitutional
• Krishna Kumar Singh v. State of Bihar (2017) : Ordinances must be placed before the legislatures under all
circumstances
• [Link] v. UoI (1970) : President's satisfaction in promulgating an Ordinance could be questioned on the
grounds of it being malafide ,or on irrelevant grounds.
• [Link] (1994) : President's satisfaction can be judicially reviewed;Limited arbirary use of article 356
• .On what grounds can Ordinances be challenged
● Colourable Legislation : DC Wadhwa vs. State of Bihar Case (1987)
● Violation of Fundamental Rights : A.K. Roy v. Union of India (1982)
● if it violates Substantive Provisions of © such as Art 301 : R.C. Cooper v. Union of India (1970)
● Retroactivity is unconstitutional
• What is the impact of Ordinances on :
Fear of ordinance raj: Frequent issuance and reissuance of ordinances Ex - Bihar case of Sanskrit school
and transfer of teachers.
Against federalism (NCT ordinance), Vague provisions (Securities Laws (Amendment)Ordinance, 2014) etc.
Parliamentary Democracy : Undermined due to Excessive re-promulgation,Bypassing the legislaturese.g
Three farm laws.
Separation of Powers : Diluted due to to Executive substituting itself as lawmakers
Federalism : Compromised as Governor is not always bound by CoM, she may act in central interest
• Criminal Law (Amendment) Ordinance, 2018 which, among other things, amended the Indian IPC, 1860,
allowing the imposition of the death penalty on those convicted of sexual assault of a minor girl below the
age of 12 years (Kathua Rape Case)
• Fugitive Economic Offenders Ordinance, 2018, which allowed the seizure of assets of those accused of
certain economic offences, if they fled the country prior to trial. (Mallaya, Nirav Modi )
• WF
Strengthening Legislative Scrutiny on ordinance
develop Clear judicial guidelines to define the scope and limits of the ordinance making power
Limiting Re-promulgation
Incorporating a mechanism for public consultation in the ordinance-making process
clearly define the circumstances under which an ordinance can be promulgated

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 clearly define the circumstances under which an ordinance can be promulgated

MPLADS(MP LOCAL AREA DEVELOPMENT SCHEME)

• Central Sector Scheme Introduced by Mo Statistics & Programme Implementation in 1993-94.
• To enable MPs to recommend funds for local area development, addressing specific needs and promoting
infrastructure and community welfare in their constituencies.
• Each year, MPs receive Rs. 5 crore in two instalments. Funds are non-lapsable
• Lok Sabha MPs have to recommend the district authorities projects in their constituencies, while Rajya Sabha
MPs have to spend it in the state from where he/she has been elected.
• Nominated Members of both Rajya Sabha & Lok Sabha can recommend works anywhere in the country.
• Funds are given directly to local authorities for execution.
• Significance of MPLADs:
Around 20L projects and 54k crores have been completed since the scheme began.
MPs were involved, local aspirations were met, and regional imbalances were addressed
15 % of MPLADS entitlement for areas inhabited by Scheduled Caste population and 7.5% for SC
Work for marginalised i.e. 20 lakh/year to disabled people.
MPLADS gave opposition MPs a chance to develop their constituency, countering favouritism.
• Issues- final decision with district auth. + poor quality work+ underutilsation(94% MPs didn't completely
utilse entire MPLADS funds b/w 2014-18.)

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 Parliament
15 January 2025 18:16

• Articles 79 to 122 in Part V deal with the provisions related to the Parliament
• Collective responsibility-CoM is collectively responsible to LS.+ majority rule+ Bicameral legislature+ Prime ministerial
leadership-(pm head of Govt & leader of majority party + leader of opposition+ Dual executive(prez/gov nominal exec. & real
executive (PM/CM & CoM) + Dissolution of lower house( by prez on advice of pm)

REASONS FOR ADOPTION OF PARLIAMENTARY SYSTEM IN INDIA

• Colonial Legacy: GOI Act 1935 influenced the structure of governance.
• Accommodates India's diversity and ensures representation of various communities.
• Ensuring Accountability: Ministers are accountable to the legislature. e.g. Question Hour in Parliament
• Ensures Flexibility and Stability: Formation of coalition governments like the UPA and NDA alliances.
• Experience of Indian Leaders . Leaders like JN Nehru and B.R. Ambedkar were well-versed in parliamentary practices.
• Preventing Dictatorship & concentration of power in one individual. Regular elections and no-confidence motions keep the
executive in check.
• Effective Representation: Direct election of Lok Sabha members ensures they represent public opinion in legislation and
governance.

Powers/Functions of Parliament
1. Legislative Power: Parliament can make, amend, or repeal laws on subjects from the Union, Concurrent, and occasionally,
State Lists (e.g., Jammu and Kashmir Reorganization Act, 2019).
2. Constitutional Amendment: Amends the Constitution under Article 368, requiring majority approval and sometimes state
ratification (e.g., Constitution (103rd Amendment) Act, 2023 for EWS reservations).
3. Financial Power: Approves budgets and financial bills, including the Finance Bill and Union Budget (e.g., Union Budget
2024-25).
4. Electoral Functions: Participates in President and Vice-President elections and elects internal officers (Speaker, Deputy
Speaker, Deputy Chairman).
5. Executive Oversight: Scrutinizes the executive through debates, questions, and no-confidence motions (e.g., COVID-19
pandemic response).
6. Representation: MPs represent constituency interests and raise public concerns in debates (e.g., concerns over Farm Laws
Repeal Bill).
7. Judicial Functions: Can impeach the President, Vice-President, and judges for constitutional violations (under Articles 61
and 124).

ISSUES FACED BY INDIAN LEGISLATURE or low productivity

• Declining Sitting Days: The 17th Lok Sabha has operated for 274 sitting days compared to 331 in 16th lok sabha
• Weakened Scrutiny by the Legislature: 35% of bills were passed with less than an hour of discussion.
• Gradual Marginalization of Parliamentary Committees: Just 16% of the Bills were referred to standing committees for further
scrutiny, declining from 28% in the previous Lok Sabha.
- The Digital Personal Data Protection Bill, 2023, faced criticism for minimal committee scrutiny before its
passage.
• Declining Quality of Parliamentary Debates: Recent debates in the 18th Lok Sabha have included discussions on social media
controversies and entertainment-related issues rather than in-depth national policy debates.
• Lost hours: In total, 435 hours were lost to interruptions since the first session in 17th Lok Sabha.
• Decline in Private Members’ Bills:-729 Private Members’ Bills (PMBs) were introduced in the 17th Lok Sabha, which is higher
than all previous Lok Sabhas, except the 16th
• Low Representation of Women- 15% in 18th LS; USA -32%
• Suspension of MPs: The 17th Lok Sabha also set the record for most MP suspensions at 115.
• 17th Lok Sabha was the first to go an entire term without a Deputy Speaker.

Factors contributing to the declining productivity

Frequent disruptions in house, protests, and walkouts by MPs impede smooth functioning.
Rushed bill passage leads to poor scrutiny, weak legislation, delays, and controversies.
Strong Anti-defection Measures: MPs follow strict party lines, reducing them to party mouthpieces rather than representatives
of the people.
Ineffective bill scrutiny due to bypassing committees undermines research, stakeholder consultation, and the legislative process.
Lack of Diversity leading to neglect of broad societal needs.

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 Ways to Enhance productivity
Foster cross-party collaboration and reduce disruptions for smoother parliamentary functioning.
Improve Preparation and Scrutiny of Bills
Strengthen the committee system for detailed research, stakeholder consultations, and comprehensive debate.
Enhance Diversity and Representation ensuring diverse voices shape inclusive legislation.
Leverage Technology for Efficiency eg Use electronic voting, digital communication to streamline parliamentary processes.
Provide MPs with training in legislative drafting, public speaking, and committee work to improve legislative outcomes.

Introduce a Shadow Cabinet to strengthen opposition leadership.

PARLIAMENTARY PRIVILEGES

• Parliamentary privileges defined in Ar 105 are the rights & immunities given to MPs and the Parliament as an institution
• A breach of privilege is also contempt of house .reverse is not true
• Ar 194 same for state legislature
• They are rather based on five sources:
○ Constitutional provisions
○ Various laws made by Parliament
○ Rules of both the Houses
○ Parliamentary conventions
○ Judicial interpretations
• Rationale behind Parliamentary Privileges :-Ensure freedom of expression of legislators without fear of legal consequences;
Carry out functions independently and effectively of both houses without any interference ; Maintain authority, dignity of
legislature; Ensure attendance of parliamentary sessions
• Privileges of Individual Member:
(i) Freedom of Speech in Parliament (Article 105(1))
(ii) Article 105(2)-protects members of Parliament from being held liable for what they say or vote in Parliament
-No member of Parliament can be held liable for the publication of any report, paper, votes, or proceedings by or under the
authority of either House of Parliament
(iii) Article 122(1)- courts cannot question the validity of any proceedings in Parliament, even if there are alleged irregularities
in the procedure
(iv) MPs cannot be arrested during a Parliament session, or within 40 days before or after the session. (Section 135A of Code of
Civil Procedure, 1908).
• Collective Privilege of House:
1. Right of the House to receive immediate intimation of the arrest, detention, conviction, imprisonment and release of a Member.
2. Immunity from arrest and service of legal process within the precincts of the House without obtaining the permission of the
Chairman/ Speaker.
3. Ar 361(A) provision-Protection of publication of the proceedings of a secret sitting of the House.
4. Ar 118(1)- regulate its own procedure & conduct of the house
5. The evidence tendered before a Parliamentary Committee and its report and proceedings cannot be disclosed or published by
anyone until these have been laid on the Table of the House.
6. Members or officers of the House cannot give evidence or produce in courts of law, documents relating to the proceedings of
the House without the permission of the House.
7. Jurisprudence- prohibits the publication of its debates & proceeding.[MSM Sharma vs Shri Krishna Sinha 1959)

• State of Kerala Vs. K. Ajith Case, 2021-Privileges and immunities do not exempt MLAs from criminal law.
• PV Narasimha Rao vs. State: SC stated that members need wider protection of immunity against all civil and criminal
proceedings that bear a nexus to their speech or vote.
• M.S.M. Sharma case: whenever there is a condition of imbalance between privileges & FR , FR will remain supreme over others

• Need to Codify Parliamentary Privileges:

Codification would clearly define parliamentary privileges, specifying violations and eliminating ambiguity.
Clear guidelines would allow better accountability, ensuring privileges are exercised responsibly while subject to oversight.
Codification would modernize laws, aligning them with current governance practices and societal norms.
It would introduce checks to prevent misuse, safeguarding against unnecessary restrictions on press freedom.

• Need not to Codify Parliamentary Privileges:

Risk of Encroachment on Parliamentary Autonomy & may lead to judicial scrutiny or government intervention

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 Risk of Encroachment on Parliamentary Autonomy & may lead to judicial scrutiny or government intervention
Article 122 prevents courts from questioning parliamentary proceedings, and codification could violate this provision.
Codifying privileges may hinder adaptability to changing political dynamics or unforeseen circumstances.
Complexity ,Lengthy time-consuming process

• Need for reform in Parliamentary Privileges

Shield lawmakers from prosecution (civil cases cannot be initiated when House is in session)
Against Natural justice (allows politicians to judge their own cases)
Lack of oversight and codified privileges
Misuse of powers and rights by MPs and MLAs (violation of fundamental rights)

©-Providing immunity to parliamentarians is essential. Also, Parliament can establish clear boundaries by enacting specific
legislation to monitor the misuse of parliamentary privileges by its members.

ROLE OF SPEAKER
• The Speaker is the constitutional and ceremonial head of the House.
• Article 94/197- covers resignation, vacation, & removal of the Speaker & Deputy Speaker of the Lok Sabha/state leg assembly
• Article 93/178: Appointment of the Speaker and Deputy Speaker of the Lok Sabha/ Legislative Assembly.
• Article 96/181: Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration.
• Article 97/186: Salaries and allowances of the Speaker and Deputy Speaker.
• Kihoto Hollohan,1993- the decision of the presiding officer is not final and is subject to judicial review on the grounds of
malafide, perversity, etc
• Keisham Meghachandra Singh 2020, ruled that Speakers of assemblies and the Parliament must decide disqualification pleas
within a period of three months except in extraordinary circumstances.
• Nabam Rebia 2016:-SC held that speaker or Deputy Speaker facing notice of removal cannot decide disqualification proceedings
against legislators)
• Subhash Desai 2023- directed the Maharashtra Assembly Speaker, to set a timeline for deciding pleas for the disqualification of
MLAs.

• Provisions to Ensure Independence and Impartiality/nutrality of Speaker:

security of tenure. He can be removed only by a resolution passed by the Lok Sabha
Salaries and allowances are charged on CFI
His powers of r conducting business or maintaining order in the House are not subject to the jurisdiction of any Court.
Cannot vote in first instance (only exercise casting vote)
Work and conduct cannot be discussed except on a substantive motion
He is placed at sixth rank in the order of precedence along with the Chief Justice of India

• Issues in functioning Role

○ under anti-defection law (Nabam Rebia case (2016)
○ On declaring money bill (e.g., Speaker’s decision to certify Aadhaar bill as money bill)
○ Allegations of bias, favouritism and partisanship e.g. Kihoto Hollohan case highlighted the instances where speakers have
allegedly acted in favour of their party
○ Bypassing Committees and Scrutiny lead to poorly crafted legislation .e.g passing of 3 farm laws in 2020 without referring it
to parliamentary committee
○ Prioritising Party Interests over National Interest

• Suggestions to reform office of speaker

Reduce speaker's role in Anti-defection law (Current mechanism where disqualification petitions are entrusted to Speaker can
be replaced by permanent Tribunal (Keisham Meghachandra Singh case))
Follow Britain’s model (speaker has to resign from his party and remain politically neutral.)
Restrictions on political office
Codify Roles and Powers to minimize discretionary power and enhance consistency.

ROLE OF RAJYA SABHA

• RELEVANCE
○ Permanent Body with members retiring every two years blends experience and fresh perspectives, ensuring policy stability.
○ Review & reconsideraton of bills passed by lok sabha The Triple Talaq Bill, initially passed by the Lok Sabha in 2017, was
sent back by the Rajya Sabha for review
Checks and Balances: It curbs populist pressures on the Lok Sabha, ensuring sound and balanced decision-making. In 2015,
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 ○ Checks and Balances: It curbs populist pressures on the Lok Sabha, ensuring sound and balanced decision-making. In 2015,
the Rajya Sabha blocked the controversial Land Acquisition Bill proposed by the Lok Sabha and the executive
○ It acts as important platform for deliberation, discussion on public policy matters
○ Representation of states interests, fostering cooperative federalism. e.g. GST Bill, passed in 2016. This bill impacted all
states, and the Rajya Sabha, played a vital role in considering the interests of all states before passing the bill.
○ Participatory Democracy: Presidential nominations of distinguished members bring expertise from diverse fields, enriching
debates.
○ Chamber of new ideas-Climate change which is a hot topic now was first raised in Rajya Sabha in 1953.

• Special Powers
○ Article 249 allows the Parliament to legislate on matters enumerated in the State List if the Rajya Sabha passes a resolution
by two-thirds majority.
○ Article 312, the Parliament is allowed to create an All India Services common to the Union and the States, if the Rajya Sabha
passes a requisite resolution. In 1951, the Rajya Sabha initiated the creation of the All India Services, leading to the
establishment of services like the IAS, IPS, IFoS
○ Proclamation of the President’s Rule: Usually, such proclamations need approval of both the Houses of Parliament.
○ But if the Lok Sabha is dissolved , then the Rajya Sabha alone can approve the imposition of President’s Rule. (Articles 352,
356 and 360)--President rule was extended in Tamil Nadu and Nagaland in 1977, and for Haryana in 1991, only by Rajya
Sabha as Lok Sabha was dissolved.
○ Resolution for the removal of the Vice-president can be introduced only in the Rajya Sabha and not in the Lok Sabha
(Article 67).
• Isses
Subverting the Federal Character of the Rajya Sabha:A person who is neither a resident nor a domicile of a state can contest the
Rajya Sabha elections from that state.
The ruling parties on many occasions have used the Rajya Sabha seats to elect their defeated candidate in Lok Sabha.
Limited Powers Related to Money Bills: A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. Rajya
Sabha cannot amend or reject a Money Bill.
Bypassing the Rajya Sabha:-In some cases, ordinary bills are being passed in the form of a Money Bill
Issues with the Provision of Joint Sitting- sitting is governed by the Rules of Procedure of Lok Sabha and not of Rajya Sabha
A no-confidence motion cannot be introduced in the Rajya Sabha.

The transformation can be seen in

○ Abrogation of Article 370, where the support of Rajya Sabha was vital for the benefit of the people of Jammu and Kashmir and
Ladakh.
○ GST reforms were another subject where the Rajya Sabha’s role was proactive. States’ support was essential in the
implementation of the reforms.
○ The passage of the POTA Act in 2002 due to objections of Rajya Sabha’s joint sitting of Parliament was called under Article
108 to discuss the provisions.

Dr. S Radhakrishnan, “The Rajya Sabha no doubt, can’t make or unmake governments, but can be an effective deliberative
body”.

President
Article 52-There shall be a President of India

Executive Power
Article 53 states that all the executive power of the Union will be vested in the President of India.
President shall be the Supreme commander of all the Armed forces of the State.
Legislative Powers
Article 79: The President is part of Parliament along with the Lok Sabha and Rajya Sabha.
Article 85: The President may from time to time Summons, prorogues the Housed or either house, or dissolves the House of
the People.
Article 86: The President may address both Houses of Parliament and can send messages.
Article 111: A President shall either give assent to bills, which then become law, or withholds assent or returns the bill for
reconsideration.
Article 123: Promulgates ordinances when Parliament is not in session, having the same force and effect as laws passed by
Parliament.
Pardoning Power (Article 72)
The President shall have the power to grant pardons, reprieves, respites or remissions of punishments or to suspend, remit or

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 The President shall have the power to grant pardons, reprieves, respites or remissions of punishments or to suspend, remit or
commute the sentence given to a person by the court ,When the sentence is granted by a Court-martial;
When the punishment or sentence is given for offence against violation of any law relating to matters to which the executive
power of the Union extends
Emergency Powers
The President may proclaim national emergency due to war, external aggression, or armed rebellion. (Article 352)
The President may impose President's Rule in a state if the state government is unable to function according to the provisions of
the Constitution. (Article 356)
The President may declare a financial emergency if the financial stability or credit of India is threatened. (Article 360)
Judicial Powers
Under Article 143 of the COI the President have the power to seek the advice Supreme Court on: Legal matters ,Constitutional
matters /Matter of Public importance

• Responsibilities of the President

Executive Functions Appoints the PM, CoM, Governors, and other key officials (Article 75, 77, 84, 155).
Ensures the implementation of laws (Article 53).
Legislative Functions Summons, prorogues, and dissolves Parliament (Article 85).
Addresses Parliament (Article 87).
Gives assent to bills and may withhold assent or return bills (Article 111, 200).
Issues ordinances (Article 123).
Judicial Functions Appoints judges to the SC &HC (Article 124, 217).
Grants pardons, reprieves, and respites (Article 72).
Diplomatic Functions-Represents India internationally; signs treaties and agreements (Article 297).
Receives foreign ambassadors (Article 72).
Military Functions -Supreme Commander of the Armed Forces (Article 53).
Appoints Chiefs of Armed Forces (Article 53).
Emergency Powers-Can declare national, state, and financial emergencies (Articles 352, 356, 360).
Discretionary Powers-In exceptional circumstances, may exercise discretion, such as in the appointment of a Prime Minister
(Article 75).

PYQ
Some argue that a time limit should be established becoz
Right to Speedy Justice: Delay in deciding mercy petitions could infringe upon the right to speedy justice, which is considered an
aspect of the right to life and personal liberty under Article 21 of the Indian Constitution.
Justice Delayed is Justice Denied
Alignment with Global Standards as Many countries impose time constraints
extended delays lead to a “death-row phenomenon,” where prisoners face prolonged psychological suffering
In Shatrughan Chauhan v. Union of India (2014), the court commuted death sentences to life imprisonment due to undue
delays. A fixed timeframe for clemency decisions can limit such judicial interventions.

However, others argue against setting such a time limit due to:
Complexity and Seriousness of Cases involving capital punishment and the decision to pardon or commute a death sentence is a
serious one with irreversible consequences.
Decisions on mercy petitions can have significant political implications. A time limit may rush the decision-making process,
potentially leading to decisions that aren’t fully considered.

The issue of delay in deciding mercy petitions was highlighted in the case of Devender Pal Singh Bhullar, a convict on death
[Link] mercy petition was pending for over eight years before it was rejected.
The SC in 2014, ruled that an inordinate delay in deciding a mercy petition is a ground for commutation of a death sentence.

PM & CoM
• Article 74: CoM headed by PM to aid and advise President.
• Article 75: PM will be appointed by President.
• Article 75(1A): Total CoM shall not be more than 15% of total members of the house- added by the 91st Constitutional act.
Similarly in the case of States also (164{1A}).
• Article 75(1B): If disqualified under Anti-defection law then also disqualified to be a minister.
• Article 75(3): CoM is collectively responsible to Lok sabha. Minister cannot disagree with CoM.
• Article 75(4): Oath of office and secrecy by Ministers.

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• Article 75(4): Oath of office and secrecy by Ministers.
• Article75(5): Within 6 months of a person being appointed as a minister, a person has to become a member of Parliament

CM
Article 164 -the Chief Minister shall be appointed by the governor.
Article 167 -Chief Minister acts as a link between the Governor and state council of ministers.

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LOCAL GOVERNANCE
18 January 2025 02:45

DEMOCRATIC DECENTRALISATION IN INDIA:

By 73,74th AA, 1992
Panchayat Extension to Scheduled Areas (PESA) Act, 1996 extends the 73rd Amendment (with some
amendments and exceptions) to tribal areas in 10 Indian states.

SIGNIFICANCE OF DEMOCRATIC DECENTRALISATION

Empowers Local Governance through PRIs and urban bodies.
Enhances citizen Participation
Efficient Resource Use: Aligns resources with local needs for better outcomes.
Ensures representation of marginalized groups & women( 49% elected representative are women)
Boosts Development: Drives localized socio-economic progress.
Strengthens democratic values through inclusiveness.
Lightens administrative load on higher authorities.
Enables region-specific policy solutions.
Improves Service Delivery: Enhances efficiency of public services.
Constitutional Mandate under 73rd and 74th Amendments.
Allocation of benefits among members e.g. Under PM Awas Yojana, Forest Rights Act etc

PRI
11th Schedule contains 29 functional items of PRIs
Three-tier system: gram panchayat (village council), panchayat samiti (block council), and Zilla parishad
(district council).
Issues
Lack of devolution of 3Fs (funds, functions, and functionaries)
Election not held on time
Poor attendance at gram sabha + low awareness
Seen as administrative vessel for implementing centre-state programmes r/t self-sufficient units
Indirect election to many posts increase chance of corruption & bribery
Issue of sarpanch Pati & caste-based discrimination
Resistance of state cadre to work under local bodies
Misuse of funds and unethical practices undermine efficient service delivery and erode public trust
PRIs can be influenced by political parties, which can undermine their independence & decision-making
Lack of clarity in roles and responsibilities leading to overlapping functions and conflicts.
WAY FORWARD:(2nd arc)
Establish gram Sabha committees to monitor functioning and present reports.
Mandate Gram Panchayat responsibility for Gram Sabha meetings under supervision by Mandal and
Revenue officials. Development officials and the Revenue officials.
Provide training on rights and governance under initiatives like Rastriya Gram Swaraj Abhiyan.
Greater Devolution of funds e.g. 1/3rd of Kerala’s plan funds is given to the panchayats
Promote e-Governance tools like e-Panchayat, PlanPlus, PRIASoft for transparency and efficiency.
Enforce minimum quorum requirements with women’s participation.
Use films, street plays, and awareness campaigns on key issues like health, education, and PDS.
Incentivizing Gram Panchayat by rewards like Nanaji Deshmukh Rashtriya Gaurav Gram Sabha Puraskar
Topugonda Gram Panchayat-This village became open defecation free through IEC campaigns. The villagers
and authorities worked together to improve sanitation and women's leadership.
Hiwara Panchayat-This panchayat implemented initiatives to improve access to clean water, education, and
road infrastructure, also promoted renewable energy.

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road infrastructure, also promoted renewable energy.

Finances of PRIs
Sources
Internal/Own sources of revenue
Transfer of Funds from CFC and SFC
other Sources like Grants from internationals bodies like World Bank, etc.
Issues
SFC(Ar 243) not constituted regularly
Assessment of fiscal health of PRIs is difficult due to lack of data on their revenues and expenditures
Corruption
Sources of revenue are limited, mainly property taxes, fees, fines- reluctance in collecting fines
Heavy dependence on C/S grants
Reports of SFCs are often ignored
Less devolution of taxation power by state
Way forward
Regular and independent audits, and transparent reporting mechanisms to prevent misuse of funds and
corruption.
SFCs should be constituted timely every 5 years
Increase budgetary allocations

Women in PRI
+- elevated the economic, social, and political status of women
Increased power and visibility in public life.
New Perspectives+ Improvements in health, education, and family income.
+ Political Participation+ Promotes balanced representation in decision making + Recognition of Rights
ISSUES
Proxy Politics: Male relatives often control decisions. Gender-based discrimination persists.
Women sarpanches face threats and violence.
Dalit and single women sarpanches face restrictions. Husbands often take over office functions.

GOVERNMENT EFFORTS
SVAMITVA Scheme: to map houses and prepare accurate property records of rural residents
Rashtriya Gram Swaraj Abhiyan (RGSA): develop and strengthen the capacities of PRIs
e-Gram Swaraj
Gram Panchayat Development Plan (GPDP)
Panchayat Sashaktikaran Abhiyan (CB-PSA)

State finance commission

Article 243(I) mandated the governor to constitute a Finance Commission within 1 yr of 73CAA
recommends how to distribute a state's financial resources among its local bodies.
Recommends
Reviews the financial health of a state's local bodies
Recommends how to distribute taxes, duties, tolls, and fees b/w state and local bodies
Recommends grants to local bodies from the state's Consolidated Fund
Recommends measures to improve the financial health of local bodies
Rationalizes and systematizes fiscal relations between the state and local bodies
Disburses state funds to local bodies
ISSUES
• Delayed constitution and submission of reports.
• Period covered by SFC/CFC doesn't synchronise.

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 • Period covered by SFC/CFC doesn't synchronise.
• Poor quality of reports + lack of expertise in SFCs
• Lack of autonomy and political interference hindering functioning of SFCs
• Inadequate availability of reliable financial data.
• Poor implementation of SFC recommendations by state govts.
• Absence of uniform standard & formats of various SFC reports
• States often fail to table Action Taken Reports (ATRs) in the legislature after SFC recommendations,
reducing transparency and accountability.
WAY FORWARD
SFCs should be constituted at least 2 year before the required date of submission of reports
State govts must be obliged to place ATR in legislature within a required time period
SFCs should follow procedures & guidelines adopted by CFCs
Serving/retired loyal bureaucrats should not appointed rather specialists should be appointed
Establish permanent SFS cell in finance dept of every state
Standardize fiscal decentralization practices across states.
Implement a robust monitoring mechanism to track the implementation of SFC recommendations

URBAN LOCAL BODIES

• In the form of Art 243-P to 243-ZG the 74CAA established a new Part (IX-A) & 12th Sch (have 18 functional
items of municipalities)
• three kinds of local governments
○ Nagar Panchayat (a rural-to-urban transitional area)
○ Municipal Council (for smaller cities)
○ Municipal Corporation (metropolitan area – larger urban area).
• Direct Elections for municipal councillors, who elect the mayor in the case of municipal corporations.
• Elections conducted by State Election Commissions.
• ULBs have executive, legislative, and judicial powers to manage urban governance.
• The State Finance Commission (SFC) recommends the financial allocation to ULBs.
• NEED FOR URBAN GOVERNANCE:
○ Cities as engines of growth’: 30% urban population,- contribute 60% to GDP ➔ central to
achieving targets of $5 Trillion economy
○ Urban Transition:-By 2050, 50% of India’s population will live in cities, requiring effective urban
governance to prevent a potential crisis.
○ Cities are central to projects like Smart Cities, NIP, Gati Shakti, and industrial corridors.
○ Urban areas are key to meeting India’s global commitments to SDGs, the New Urban Agenda, and the
Paris Agreement
○ Urban areas, despite better health infrastructure, saw the majority of COVID-19 spread, indicating the
need for better health governance.
○ Rising pollution in cities - 39 out of 50 cities in the list of most polluted cities are from India.
○ 15th Finance Commission recommendation for enhanced focus on Urban Local Bodies.

• ISSUES
○ Reliance on state and central grants due to limited revenue generation.
○ States retain control over ULBs, restricting their functions and excluding them from urban planning.
○ Multiple agencies performing overlapping functions lead to confusion & resource wastage (e.g., in
Delhi-MCD, jal board, PWD, NDMC).
○ Insufficient investment in physical, social, and digital infrastructure results in inadequate amenities.
○ Rapid urban growth without corresponding infrastructure development
○ Limited technical and managerial skills at local levels.
○ Lack of Adoption of technology in service delivery
• INITIATIVE TAKEN
○ Local area plan and town planning scheme
Smart cities mission
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 ○
○ Smart cities mission
○ PM SVANidhi scheme
○ Atal Mission for Rejuvenation and Urban Transformation (AMRUT) Mission
○ National Urban Digital Mission (2021)
• WAY FORWARD
○ Balance the 4 Es - Economic growth, Environmental sustainability, Equitable access to opportunities
and services, and democratic Engagement to secure India's urban future
○ Decentralized Planning & Financial autonomy to ULBs
○ Encourage PPP for infrastructure and service delivery.
○ Enhance local tax systems, property taxes, and innovative financing models.
○ Develop a comprehensive digital public financial management system
○ Implement Indore Municipal Corporation practices for public services
○ Form a high-powered council like the GST council for overhaul of the 74th CAA
○ Alternative Sources of Financing (Municipal Bonds, Pooled Financing)

FINANCES OF ULB
ISSUES
○ urban areas- contribute 66% to GDP and about 90% of total government revenues face immense
infrastructure and financial challenges
○ Low Municipal Budget: Indian revenue <1% of GDP, vs. 7% in Brazil, 2.6%, Mexico
○ Lack of sources- most income generating taxes are collected by union/states
○ Decline in grants by centre & states
○ Poor realisation of property tax- issues like low coverage, low collection efficiency
○ Large number of properties fall outside legal jurisdiction of municipal bodies.
Way Forward
○ State should empower ULB to levy all feasible taxes
○ Explore User Charges for Specific Services like for parking, waste collection etc.
○ Land digitisation process to enhance property taxes
○ Encourage PPP models to fund infrastructure projects and improve service delivery.
○ Explore Social Stock Exchange (SSE) to attract investment & generating revenue for the local body
○ Tie grants to municipal performance index
○ Facilitate development of bond markets and other debt financing tools to raise capital

District Planning Committee (DPC)

• Article 243ZD (73rd CAA, 1992): Mandates DPC in each district.
• Composition
○ Chairperson: Elected head of Zilla Parishad or District Collector.
○ Members: Representatives from PRIs, ULBs, MLAs, MPs, and experts
• Consolidates plans from municipalities and panchayats
• Prepares a draft development plan for the district
• Significance
Decentralized planning: Ensures local needs are met.
Resource optimization: Aligns funds with local priorities.
Inclusive growth: Promotes balanced rural-urban development.
• Challenges
○ In many states, DPCs are either not constituted or not functioning.
○ Ministerial chairing leads to political influence, affecting development.
○ DPCs fail to effectively coordinate between rural and urban bodies.
○ Insufficient dedicated funding hampers DPCs' operations.
○ Slow execution of plans due to bureaucratic delays.
• Way Forward
Increase funds for DPCs to enhance financial devolution.

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 ○ Increase funds for DPCs to enhance financial devolution.
○ Upskill district officials and stakeholders through training.
○ Improve institutional frameworks to strengthen coordination.
○ Reduce political influence and ensure neutrality in planning.
○ Appoint a professionally qualified District Planning Officer to lead the DPC.
○ Establish a separate cell dedicated to servicing the DPC, focusing on Panchayats and municipal bodies.

PESA ACT 1996

• enacted in 1996 “to provide for the extension of the provisions of Part IX of the Constitution relating to the
Panchayats to the Scheduled Areas”(which are areas notified by the President as predominantly inhabited by tribal communities)
• Article 243M: Empowers Parliament to extend Part IX provisions to Scheduled Areas with modifications
• PROVISIONS
○ Empowers Gram Sabhas to manage community resources, prevent land alienation,& resolve disputes.
○ Recognizes and protects traditional rights and customs of tribal communities.
○ Mandates transfer of specific powers to Panchayats & Gram Sabhas, including control over MFP, social
forestry, land management, village mkts, tribal development,& subjects related to local institutions
• Significance
○ Empowerment of Tribal Communities & tribal participation in governance through Gram Sabha and
Gram Panchayat.
○ Protection of Land Rights: Requires Gram Sabha consent for land acquisition/transfers, preventing
exploitation.
○ Preservation of Culture and social practices of tribal communities.
○ Improved Access to Services like education, healthcare, and water in tribal areas.
○ Safeguarding control over local resources by maintaining ownership of tribal community over water
resources, common lands, minor forest produce, minor minerals, etc.
○ Conflict Resolution: The PESA Act thus enables gram sabhas to maintain a safety net over their rights
and surroundings against external or internal conflicts.
• Limitations
Tribal communities in non-scheduled areas of the country are not covered by the Act
Lack of awareness of the rights and entitlements of the PESA Act in tribal communities
Gram Sabha & Gram Panchayat often don't have sufficient resources to carry out their functions effectively.
Followed in Letter Rather than Spirit

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 Bodies
19 January 2025 04:34

Finance Commission
• Article 280-Establish Finance Commission every five years to make recommendations on the distribution of
financial resources between the Union and the states.
• Article 281-Recommendations of the Finance Commission
• 13th, 14th, and 15th, FC recommended increasing the vertical devolution of tax revenues to States, suggesting
shares of 32%, 42%, and 41% of the divisible pool, respectively
• Functions
○ Vertical Devolution:- share of states in the divisible pool of central taxes.
○ Horizontal Distribution: Allocation of tax revenues among states
○ Recommendations on Grants-in-aid to state for specific for specific purposes like infra or social welfare
○ Assesses the financial needs of local governments & recommends measures to strengthen their finances
○ Reviewing fiscal performance of states and making recommendations for improvement
○ Offering guidance on matters related to taxation, public debt, and fiscal discipline
○ Federalism -Promotes cooperation and dialogue between the central and state governments on financial
matters
• Disagreements
• Lower Devolution: States receive less than the FC’s recommended share (e.g.,38% vs. 41% under 15th FC).
• Cesses and Surcharges: Excluded from the divisible pool, reducing States' effective share of total tax revenue.
• Divisible Pool Composition: States demand a broader tax base for sharing, including cesses and surcharges.
• Unequal Returns: Developed States argue they contribute more but receive less, while poorer States gain
disproportionately.(e.g For ₹1 contributed- Karnataka received 29 paise per , while Bihar gets over ₹7)
• FC Autonomy: Concerns over Centre’s influence, as Commission members are appointed by it.

15thFC
constituted on in 2017 , the 15th FC made its recommendations for a six-year period from 2020-21 to 2025-26.
○ Vertical Devolution: 41% of the divisible pool to be shared with States (down from 42% in the 14th FC due to
J&K’s reorganization).
○ Horizontal Devolution: considered factors like demographic performance, income,population, area, forest
and ecology, and tax and fiscal efforts with different weights.
○ Local Bodies Grant: ₹4.36 lakh crore, with 60% for rural and 40% for urban bodies. Tied grants for sanitation,
water supply, and health.(special focus on health at primary level)
○ Special Grants: Recommended for some States to compensate for revenue losses due to lower devolution.
○ Performance-based Incentives: Suggested grants for sectors like power sector reforms, agriculture, judiciary,
and health.
○ Cesses and Surcharges: Suggested reforms to include them in the divisible pool for greater transparency.
○ Revenue Deficit Grants: Recommended grants amounting to about Rs. 3 trillion over five years
• Criticisms
○ criticised for favoring Hindi-belt states in tax devolution at the expense of southern and northeastern states,
which have better-managed populations and economies.
○ Population Weightage: Use of the 2011 Census penalizes States with better population control compared to
using the 1971 Census.
○ States like Karnataka and Tamil Nadu claim disproportionate allocation compared to their contributions,
penalizing well-performing States.
○ Performance-based incentives could potentially limit states' independent decision-making.
○ In local governance overemphasis on healthcare whereas areas infrastructure and human resources are
severely lacking.

16thFC
• Chairman-Dr. Arvind Panagariya, former Vice-Chairman of NITI Aayog

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• Chairman-Dr. Arvind Panagariya, former Vice-Chairman of NITI Aayog
• Terms of reference
○ Vertical and horizontal devolution of funds
○ Revenue deficit grants for States.
○ Local body grants for urban and rural governance.
○ Disaster management funding.
• Commission is expected to submit its report by 31st October, 2025.
• Challenges
Balancing Centre and State fiscal health amid growing expenditures.
Revenue Shortfalls: Addressing States' revenue gaps and limited devolution.
Cesses and Surcharges: Exclusion from the divisible pool, reducing States' share.
Balancing funds between developed and underdeveloped States.
Climate Change: Incentivizing sustainable practices while ensuring fiscal needs.
Pandemic Recovery: Supporting States’ recovery with rising healthcare costs.
Demographic Challenges: Addressing population growth disparities in devolution criteria.

CAG
• Art 148 establishes CAG as the head of the Indian Audit and Accounts Department.
• Art 149- empowers parliament to prescribe duties & powers of CAG
• CAG of India is governed by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act,
1971, with significant amendments in 1976, 1984, and 1987
• Guardian of public purse
• Head of Indian audit & accounts department
• ©-B. R. Ambedkar, called CAG be the most important officer under the Constitution of India.
• One of the three pillars to maintain internal accountability-CAG,CVC,CBI
• Major scandals it discovered- 2g spectrum scam, Coal Mine Allocation Scam(coalgate)
• Appointment, term
appointed by the President
serves a term of six years or until the age of 65
Removal -like impeachment
• Independence
Security of tenure
Not eligible for further office
Expenses charged on CFI
Salary service condition determined by parliament
• Duties and Powers
audits the accounts related to the expenditure from CFI and state funds, contingency fund.
audits accounts of government corporations, PSU, and bodies substantially funded by the government.
provides a certificate on the net proceeds of taxes and duties, and audits transactions related to debt,
advances, and suspense accounts.
CAG reports-on appropriation account, on PSU,on finance account
submits audit reports to the President, who places them before Parliament. These reports are then examined
by the Public Accounts Committee.
Audits accounts of any other body when requested by president/ Governor. e.g urban local bodies
• Role
acts as an agent of Parliament, ensuring that public money is spent legally and efficiently.
Reviews whether money disbursed was legally available and applied correctly and whether expenditure
conforms to the governing authority.
Upholds ©ion in field of financial administration.
also conduct propriety audits to look into wisdom, faithfulness, and economy of govt expenditure
• ISSUES
Appointed by Prez on advice of CoM->may affect independence & result into conflict of interest
Accusition of appointing loyal individuals

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 Accusition of appointing loyal individuals
Post-Facto Audits
No Enforcement Power: Can only report to Parliament
Audits often face delays, limiting timeliness
Relies on government cooperation for data, causing delays.
SECRET expenditure- CAG cannot ask for particulars of expenditure in some matters, has to accept a
certificate from competent administrative authority
Redactive pricing-> Rafale deal-govt withheld particulars
• Vinod Rai recommendation
Bring all PPPs, PRIs, Govt funded socities under CAG
Amend CAG Act,1971 to keep up with changing times
creation of clear guidelines for the CAG’s audit methodology
Implement collegium type system for appointment

ECI
• Article 324: Establishes the Election Commission of India (ECI) to conduct elections to Parliament, State
Legislatures, and offices of the President and Vice President.
• ECI is an independent constitutional body, ensuring free and fair elections in India.
• Advisory Functions
1. Advises on president & governor on election timing and conducts elections.
2. Advises president on disqualification of MP/MLA
3. Gives opinion to judiciary on question disqualification of member
• Administrative functions
1. Issues guidelines for the Model Code of Conduct.
2. Promotes voter education and participation.
3. Recommends delimitation of constituencies bases on population & other factors
4. Recognizes political parties and allocates symbols.
• Quasi-Judicial functions
1. Resolves disputes on elections, such as disqualifications and electoral malpractice.
2. Handles election petitions, including invalidation of elections or declarations of candidates' eligibility.
3. Adjudicates on violations of election laws.
4. Handles party registration and disqualification issues.
5. Monitors campaign expenditure compliance.
• Challenges
1. Inadequate capacity & dependence on govt. departments for legal expertise, security personnel & other staff
2. Alleged political influence over appointments and functioning of the Election Commission.
3. Unable to curb malpractices, criminalisation of politics, use of money muscle power
4. Accused of partisan role- EVM issue, violation of MCC-inaction
5. Lack of independent secretariat hampers ECI’s functional autonomy.
6. ECI has no authority to make election-related rules under the RoPA act
7. ECI expenditure is not charged on CFI & lack of parity among election commisioners
• Way forward
1. Depoliticize appointments through a broad-based consultation. The Law Commission & SC
recommended a collegium, consisting of PM, Leader of the Opposition & CJI
2. Constitutional protection for all 3 of Election Commission members from the arbitrary removal.
3. Give equal constitutional to all 3 Ecs
4. Independent Secretariat for ECI, to reduce dependency on DoPT to appoint its officers
5. senior most EC should be automatically elevated as CEC to insulate them from executive interference.
6. Power to use contempt of court Act against parties making unfounded allegations and power to de-register a
political party

ONE NATION ONE ELECTION (SIMULTANEOUS ELECTION)

• Synchronize LS, SLA elections, Municipalities and Panchayats such that voters in a particular constituency vote on
the same day

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 the same day
• Need
○ Cost savings
○ Frequent imposition of MCC halt development programs
○ Enhance Administrative efficiency
○ Enhanced Voter Turnout
○ Frequent elections compel politicians to focus on short term ‘visible’ goals r/t long term ‘foundational goals’
○ Frequent elections also aggravate vices like communalism, casteism, money power, corruption
• Issues
○ Legal challenges to amend Constitution to synchronise election
○ Challenges related to logistics and manpower, including EVMs, VVPATs
○ Passing no confidence motion to conduct the election before expiry of term will be unconstitutional
○ Issue of hung Parliament/Assembly and premature dissolution
○ Frequent elections ensure ‘continuous accountability’ of politicians r/t episodic accountability’ every five
years
• Conducting of simultaneous elections to assembly and LS needs further deliberation and consensus building
across the board.
• Need to explore the recommendations of Law Commission on phase wise synchronization of tenures of Lok Sabha
and Assemblies, rather than as a one-time measure.
• In Sweden, election to national & provincial legislature & local bodies are held on a fixed date i.e. second Sunday
in September for four years.

INTRA-PARTY DEMOCRACY
• refers to inclusion of party members in the decision making and deliberation within the party structure.
• Dinesh Goswami Committee, Tarkunde Committee and Indrajit Gupta Committee has argued for more
transparent working of the political parties in country.
• Draft Political Parties (Registration and Regulation of Affairs) Act, 2011 aims to regulate constitution, functioning,
funding, accounts and audit, and other affairs of political parties participating in elections
• LEGAL STATUS OF INTRA-PARTY DEMOCRACY:
No express provision for enforcing internal democratic functioning of political parties in India.
Certain provisions under Section 29A of RoPA (which provides for registration of political parties) and Election
Commission’s guidelines under it.
• Need
○ Reduce criminalization of politics
○ Facilitate decentralisation of power and decision making
○ Promote transparency and accountability in handling party funds
○ Prevents nepotism and dynasty politics by bringing greater competition, representation
○ Ensuring equal representation to participate in politics & contest elections assures that parties produce
better policies
○ Checking corruption & abuse of Money power caused by over centralization of power
• Challenges
○ Fear of party fragmentation due to too much decentralization which may create diverse ‘power centres
○ Resistance from Dynastic, Caste, and Religious Parties
○ The anti-defection law binds legislators to the party whip, discouraging individual voting preferences
○ No legal basis to mandate elections within political parties
○ Inadequate Power with Election Commission
○ Influence of criminal elements discourages democratic practices within parties.
• Way Forward
○ Give constitutional status for political parties like Germany
○ Introduction of a comprehensive legislation, as recommended by Law Commission & NCRWC, for
regulating the functioning of political parties, mandating inner party democracy,
○ Regulations should mandate regular internal elections at all levels, defining terms for office-bearers
○ Empowering ECI to deregister parties that fail to comply with rules
Limit the application of anti-defection law only to cases where survival of government is at stake
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 ○
○ Limit the application of anti-defection law only to cases where survival of government is at stake
○ Setting up Executive Committee for each party as recommended by Venkatachaliah Committee, to elect
candidates for contesting elections

MCC
• guidelines by ECI that spells out how political parties and candidates must conduct themselves during the election
campaign and polling.
• MCC is operational from the date of election schedule announcement until the date of result announcement
• First introduced in state assembly elections in Kerala in 1960.
• Article 324 (power of ECI to supervise elections to Parliament and State legislatures).
• Scope of applicability: All political parties, their candidates and polling agents, government in power, and all
government employees.
• Many experts, including Standing Committee on Personnel, Public Grievances, Law and Justice, suggested making
MCC legally bindings
• Issues
○ The lack of statutory backing and defined punitive measures weakens its enforcement-
○ Lacks comprehensive guidelines to regulate and check violations on digital platforms
○ Policy paralysis
○ MCC is effective only during election periods, leaving room for misconduct outside these periods.
○ EC has often been criticized for alleged biases in enforcing the MCC particularly the party in power
• Standing Committee on Personnel, Public Grievances, Law, and Justice (2013): Proposed making the MCC legally
binding by incorporating it into the RPA 1951.
• Dinesh Goswami Committee 1990): Recommended giving the MCC statutory backing to overcome its weaknesses.
• WAY FORWARD
○ Outline graded punitive measures
○ MCC should include penalties, fines or actions under ‘The Election Symbols (Reservation and Allotment)
Order’, for political parties
○ Punitive actions should be taken within 72 hours of the violation
○ Providing detailed guidelines to address emerging issues like social media use, hate speech, and fake news.
○ Empowering an independent body for real-time monitoring and enforcement of the MCC.

CRIMINALISATION OF POLITICS
• 40% sitting MPs have criminal cases, 25% serious criminal cases: ADR (Association for Democratic Reforms)
• 2nd ARC report in its ‘Ethics in Governance’ report stated Criminalization of Politics as participation of criminals in
electoral process
• Union of India v Association for Democratic Reforms, 2002: SC stated that electors have a fundamental right to
know the antecedents of candidates.
• Lily Thomas 2013: SC ruled Section 8(4) of RP, 1951 unconstitutional, disallowing convicted MPs and MLAs from
retaining posts.
• Public Interest Foundation v. Union of India, 2018: SC ordered political parties to publish criminal records of their
candidates on their social media handles, and newspapers
• Impact of Criminalization of Politics
Criminalization of Political Parties
Affects working of investigation and prosecution agencies
Institutionalized corruption and trust erosion
Pending cases against lawmakers (5,097 cases are pending against lawmakers)
• Causes
○ Winnability of candidates (twice compared to other candidates, ADR report).
○ Slow judicial processes and delayed convictions allow criminals to enter politics.
○ Legal loopholes: Section 8 of RPA, 1951, bans only convicted politicians from contesting
○ Limited powers given to Election Commission
○ Political parties often align with criminals to secure votes from marginalized groups.
• Measures to check Criminalization of Politics
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• Measures to check Criminalization of Politics
Section 8(3) of RPA 1951 says any lawmaker sentenced to at least two years in jail remains disqualified for six
years upon their release.
Web portal launched by ECI for political parties to file their financial accounts online
• Way forward
Lifetime ban for convicts from polls
Hybrid electoral System i.e. 75% through first past the post (FPTP) and 25% through proportional system.
Punishment for filing of false affidavits
Establish special courts for speedy trials of politicians with criminal cases.
Expand criteria for disqualifying candidates based on criminal charges, not just convictions.

NCBC/ST/SC
APPOINTMENT - By PRESIDENT by warrant under his hand and seal.
MEMEBRS - Chair Person, Vice Chair Person and 3 others appointed by PRESIDENT.
TENURE & conditions of service of office - determined by the PRESIDENT., Usually 3 years, under the rules.
Has power of civil court in certain matters.
Presents an annual report to President or when it thinks necessary.
President places all such reports before Parliament; also forwards any report of the Commission pertaining to a
state government to the state GOVERNOR the governor places it before the state legislature.
ISSUES
○ Recommendations are not binding, and lacks the power to enforce them.
○ Political interference has undermined its independence and ability to perform its duties
○ Insufficient Resources, funding and Staff
○ Lack of awareness among SC/ST communities about their rights and the role of the NCSC/ST
○ NCSC/ST 's annual reports to Parliament often face delays and lack of discussion.
○ lacks judicial powers, relies on other institutions to take legal action on its behalf.

NCST
• established under Article 338A(XVI) through 89th Amendment Act (2003)-Ar 338-NCSC; Ar 338A NCST
• Functions
○ NCSC monitors and investigates all issues related to the constitutional safeguards for SCs.
○ Advises the government on the socio-economic development of SCs.
○ investigates complaints about the deprivation of rights and safeguards of SCs.
○ Measures for implementation of Pesa act
○ Regularly reports to the President on the implementation of safeguards for SCs
○ NCSC sets up special courts to monitor offenses under the Civil Rights Act and the Atrocities Act
○ Evaluates implementation of various development programs, like Tribal Sub-Plan (TSP) &welfare schemes.
• Initiatives:
Van Dhan Yojana: Promotes tribal entrepreneurship by utilising forest wealth & traditional knowledge
Eklavya Model Residential Schools: quality education to tribal children+ FRA, 2006
• ISSUES
○ largely dysfunctional for the last four years, failing to deliver a single report to Parliament.
○ 60% of NCSC complaint -- atrocities in public places
○ 250 tribal language disappeared--> people linguistic survey of india
○ Lack of coordination with other bodies, such as the MoTA and state tribal development departments
• Way forward
Provide NCSC with powers similar to a civil court for better enforcement of its recommendations.
Provide adequate financial and human resources to enhance its functioning.
Actively pursue cases related to atrocities against Scheduled Castes under the Protection of Civil Rights Act.
Collaboration with Civil Society and Tribes to ensure that their voices are included in policy formulation
Advocate for stricter implementation of the Scheduled Castes & Tribes (Prevention of Atrocities) Act.
Conduct awareness campaigns to ensure SC communities are informed about their rights & welfare schemes.
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 Conduct awareness campaigns to ensure SC communities are informed about their rights & welfare schemes.

NCSC
• Article 338, Part – XVI
• Constitutional Body established to provide safeguards against the exploitation of SC & to promote & protect their
social, educational, economic & cultural interests.
• power to regulate its own procedure
• Issues
○ Atrocities against members of SC account for 89% of the crimes against SCs and STs combined.
○ Commission's suo motu cognizance is not actively utilized.
○ NCSC often favors the elite of these communities & has shown insensitivity towards the poorer Dalits
• WAY FORWARD
○ Strengthening outreach programs, ensuring transparency, fostering collaboration with civil society
organisations
○ Establish reliable data repository on various issues to make the NCSC more responsive
○ Grant the NCSC additional powers concerning criminal investigations
○ Amending rules or Ar 338 can ensure timely Parliament discussion of the NCSC's annual reports

NCBC
• Originally Statutory body, Constitutional status through 102nd CAA, 2018 (inserted Ar 338B & 342A)
• Two Backward Class Commissions were appointed in 1950s and 1970s under Kaka Kalelkar(1st BC commission)
and B.P. Mandal respectively.
• Art 338B- provides authority to NCBC to examine complaints and welfare measures regarding SEBCs.
• Ar 342A empowers President to specify SEBCs in various states and UTs.
• Indra Sawhney case 1992- directed govt to create a permanent body to , examine and recommend the inclusion
and exclusion of various Backward Classes for the purpose of benefits and protection.
• ISSUES
Article 338B (5) does not mention the SC's mandate on the regular revision of the backward class list in
collaboration with the NCBC.
present challenge of various caste groups demanding inclusion in the Backward Classes (BCs) list cannot be
addressed by the NCBC as it doesn't have the responsibility to define 'backwardness'.
• WAY FORWARD
Granted authority to define 'backwardness' and make changes to the BC list
Make NCBC's recommendations legally binding
Amend the NCBC to include the attributes of an expert body as specified by the Supreme Court
Revise Article 338B (5) to include the SC's mandate for regular revision of the backward class list in consultation
with the NCBC

NCW
• set up as statutory body in 1992 under the National Commission for Women Act, 1990 generally concerned with
advising the govt on all policy matters affecting women.
• NCW also receives and investigates complaints from women who are victims of violence, discrimination,
harassment, or deprivation of their rights.
• Section 3-the Commission shall consist of a Chairperson, 5Members, and a Member-Secretary who are nominated
by the Central Government.
• Term: Chairperson and every Member -three years.
• In 2009, NCW's Mangalore Pub Attack Response was criticized as insensitive and victim-blaming.
• NCW's response in Manipur case has been criticized for not acting swiftly and proactively.
• Section 10 of the National Commission for Women Act, 1990, functions:
○ Review development of women, study reason for deprivation & recommend remedial measures
○ Review constitutional & legal safeguards for women
○ Has the power of a civil court while investigating certain matters. This includes the power to summon
witnesses, require documents, and receive evidence.

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 witnesses, require documents, and receive evidence.
○ Work towards empowering women by promoting their economic development, education, and health.
○ Can take suo motu notice of matters related to the deprivation of women's rights
○ make policy recommendations to the govt to address gender disparities & create a more gender-inclusive
society.
○ Address & investigate complaints related to women's rights violations & provide legal aid & support
• Contributions
○ Implementation of SC guidelines on sexual harassment of women at workplace- Vishakha Guideline
○ proposed amendments to Hindu Marriage Act 1955, Medical Termination of Pregnancy Act 1971, & the
Indian Penal Code 1960,
○ NCW recommended govt to make adultery civil offence
○ established the Parivarik Mahila Lok Adalat (PMLA) to quickly resolve cases related to family/m'age matters
• Lacunaes
○ More focus on protection of women but new charter calls for empowerment of women
○ Funds, functionaries from govt--> it devoids NCW from being critical of govt
○ Never raised issues w.r.t. grievances related to AFSPA
○ Purely advisory body
○ Overlapping Jurisdictions & Coordination issues b/n the NCW and State Commissions for Women
○ Many women, especially in rural & remote areas-- unaware of existence of women's commissions.
• Way forward
○ Granting Fiscal independence to enable them to work as watchdog body
○ Mo Women & Child Development should ensure that all States to have a State Commission.
○ Simplification of Helpline Numbers to make it easily remember & accessible
○ Awareness & Accessibility through various channels like helplines, online platforms, mobile outreach.

NCM
• Set up under the National Commission for Minorities Act, 1992 & MC become a statutory body-NCM
• GOI notified Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jain- minorities
• Act does not define the term ‘minority'
• Composition- Chairman, Vice-chairperson and 5 Members--nominated by the Central Govt
• Salaries, Allowances -Prescribed by the Central Govt (Ministry of Minority Affairs).
• Tenure- 3years
• Have the power of civil court
• Constitution recognises special rights of minorities ; GOI estd many commission to study problems of minorities
• FUNCTION
○ Evaluate the progress of the development of minorities under the Union/States.
○ Monitor the working of the constitutional and legal safeguards for minorities.
○ Ensures that the PM’s 15-Point Programme for the Welfare of Minorities is implemented
○ Observes the Minorities Rights Day on 18th December which marks adoption of “Declaration on the Rights of
Persons belonging to National or Ethnic, Religious and Linguistic Minorities” by the UN in 1992.
○ Look into specific complaints regarding the deprivation of rights/safeguards of minorities.
○ Presents annual or special reports to the Central Government.
○ Conduct studies, research & analysis on issues of socio-economic & educational development of minorities.
• Issues
Absence of integration b/n state and the National Minorities Commission leads to diminished efficiency
Limited budget allocation for research activities
Obsolete Technology:
limited legal powers allow its decisions to be overturned by District and HC, reducing its overall effectiveness.
Staffing shortages and delays in appointing key officials

NCPCR
• Established under the Commission for Protection of Child Rights (CPCR) Act, 2005,
• Child Rights: Children’s rights were adopted in the United Nations Convention on the Rights of the Child (UN CRC,

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• Child Rights: Children’s rights were adopted in the United Nations Convention on the Rights of the Child (UN CRC,
1989) and ratified by the Government of India (1992).
• Child: A human being less than 18 years of age. (Convention on Child Rights definition)
• The Commission is further mandated to monitor the proper and effective implementation of
Protection of Children from Sexual Offences (POCSO) Act, 2012
Juvenile Justice (Care and Protection of Children) Act, 2015
Right to Free and Compulsory Education (RTE) Act, 2009
• Composition- chairman (age limit- 65)+ 6 member(AL- 60yrs)
• Tenure - 60 years
• Functions
○ Examination and Review of legal safeguards for child rights protection and inquire into its violations
○ Examine all factors that inhibit the enjoyment of rights of children; recommend remedial measures
○ Presents reports annually or at special times to central govt
○ Spread child rights literacy and promote awareness regarding safeguards available.
○ Inspect institutions where children are detained or reside, including juvenile homes, and recommend
remedial action if necessary
○ Look into matters relating to children in need of special care.
○ Take suo moto notice of matters relating to Non-implementation of laws &Deprivation of child rights.
○ Approach SC/HC concerned for necessary directions, orders or writs.
• Established Children's Court under the act for speedy trial of offences against children, & violations of child rights.
• NCPCR constituted a Quick Response Cell (QRC) to address issues requiring immediate redressal including
instance of child trafficking.
• Online portal “E-Baal Nidan” for redressal of grievances against violation of child rights revamped.
• launched National Campaign “Addiction Free Amrit Kaal", aimed at making India a tobacco and drug-free nation
among children.
• POCSO e-Box- for direct online complaint filing of child sexual abuse
• Samvardhan vulnerability mapping to Combat Child Trafficking
• GHAR - GO - Portal for Restoration and Repatriation of Child
• ISSUES
only make recommendations to government -lacks direct enforcement power
Facing new challenges such as child pornography, cyber bullying and harassment.
Financial and human crunch
Underreporting of Child Labour Cases despite laws like the Child Labour (Prohibition and Regulation) Act
Limited progress in cases of child abuse due to delays in coordination with law enforcement and judiciary.
• WAY FORWARD
Provide additional Legal Powers such as issuing binding orders and imposing fines
Increase financial allocation and recruit specialized personnel to handle complex child rights issues
Develop robust real-time data systems to track missing children, child abuse cases, etc
Regular audits of Juvenile Justice Homes, private adoption agencies, & schools to ensure compliance with child
welfare laws.

STATUTORY & QUASI-JUDICIAL BODIES

LOKPAL& LOKAYUKTA
• Lokpal and Lokayukta Act, 2013 provided for the establishment of Lokpal for the Union and Lokayukta for States.
• It aims to inquire into allegations of corruption against certain public functionaries.
• Lokpal consists of a chairperson and maximum 8 members.
• Recommendations from the 2nd ARC: Public grievance officers and financial penalties for delayed grievance
resolution.
• Jurisdiction extends to PM, Ministers, MP, Group A, B, C and D officers and officials of central government.
• Lokayukta shall have jurisdiction over CM, Ministers, MLAs, all state government employees
• NEED
Absence of effective power among bodies like CVC etc
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 Absence of effective power among bodies like CVC etc
Inadequate mechanism to check corruption
Lack of independent anti-corruption agencies
Lack of transparency and internal accountability
• ISSUES
Political influence Delays in appointment
Poor conviction rate (30%), ineffective whistle blower and witness protection laws,
Complaint Inaction (Lokpal disposed of 68% corruption complaints)
Limited power as no complaint against corruption can be registered after 7 years
Lack of Suo Motu powers i.e. can only initiate inquiries on receipt of a complaint
• Way Forward
Lokpal and Lokayukta must operate independently from those they investigate and prosecute. Decentralized
Institutions: with robust accountability mechanisms. State-Level Lokayuktas: Lokayuktas should be established in
states similar to Lokpal.

NHRC
• NHRC, established by the Protection of Human Rights Act (PHRA) in 1993, was envisioned as the apex body for
protecting and promoting human rights in India.
• It is in lines with Paris principle of human rights
• Achievements
○ Established itself as primary forum for addressing human rights violations. e.g. in 2022 it received 112K cases
○ It has reviewed several laws, bills, to ensure better compliance with human rights.e.g Child Marriage
Restraint Act Prevention of Terrorism Bill (2000)
○ Collaborations with educational institutions like NCERT & University Grants Commission (UGC) to include
human rights curricula in schools and colleges
○ Technical assistance to the Human Rights Commissions in Nepal, Jordan, Maldives, Rwanda, Uganda etc.
○ High disposal rate of more than 17 lakh cases, payment of more than Rs 1bn to victims of human rights
violations.
○ NHRC’s role in Vishaka Judgment (1997) on sexual harassment, where its recommendations were considered
significant, highlights its impact in shaping jurisprudence related to human rights
• Functions
○ Investigating allegations human rights violations
○ Intervening in court proceedings involving allegations of human rights violations.
○ To visit jails and study the condition of inmates
○ Reviewing legal safeguards for human rights and recommends ways to improve them.
○ Studying international human rights instruments and recommends ways to implement them.
○ Promoting human rights literacy
○ Supporting NGOs that work to protect human rights.
• Issues
○ Inability to Enforce Recommendations-Former NHRC Chairperson Justice H. L. Dattu it as a “toothless tiger”
○ Political interference in the working of NHRC
○ Poor cooperation with civil society
○ Cannot consider complaints that are older than one year, anonymous, or related to service matters.
○ enormous backlog of cases as the number of complaints increases each year(digitization of complaints &
intro of fast-track procedures improved efficiency to some extent)
○ Minimal Collaboration with Sister Organizations like with NCW,NCSC
• WAY FORWARD
Need to be empowered as a Constitutional body.
Ensure politically neutral appointments to the such institutions
Time-bound investigations to ensure swift justice for victims of human rights violations
NHRC decision should be made legally enforceable.
Composition of NHRC should be inclusive such as civil society, NGOs, human rights activist.
Broden NHRC mandates for the new emerging issue such as cyber-crime, Artificial intelligence

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Broden NHRC mandates for the new emerging issue such as cyber-crime, Artificial intelligence
©-The NHRC has played a pivotal role in addressing human rights issues in India. However, its potential remains
largely unfulfilled due to structural, operational, and statutory limitations.

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 GOVERNANCE
22 January 2025 02:27

GOVERNANCE
• UNDP (1997) defined governance as “the exercise of economic, political, and administrative authority to manage a
nation’s affairs at all levels.
• 75crore smart phone, 50 crore internet user ,133croreAadhar
• 38% of households in country are digitally literate.
• Richest 60 % Indians are four times more likely to use digital payment facilities than the poorest 40 per cent

• Characteristics of Governance: Context Specific and Value Neutral

• Stakeholders of Governance - State (create favourable political, legal environment)
◊ Market includes the private sector.
◊ Civil Society -NGOs VOs , trade unions, etc (mobilizing people's participation)

Good Governance
• Positive attributes & values associated with quality of governance.
• According to former UN Secretary-General Kofi Annan, "Good governance is ensuring respect for human rights and
the rule of law; strengthening democracy; promoting transparency and capacity in public administration."& he also
said that ''good governance is perhaps the single most important factor in eradicating poverty and promoting
development''
4 Pillars of GG Ethos (of service to citizens) Ethics (honesty, integrity, and transparency) Equity (treating all citizens
alike with empathy for weaker sections) Efficiency

• UNDP- 8 characteristics of good governance

1. Participatory - in decision-making, implementation & monitoring of government activities.(73-74 CAA)
2. Consensus oriented -finding common ground among different views to decide what's best for everyone
3. Rule of Law - GG requires fair legal frameworks that are enforced impartially.
4. Transparency- info is freely available& accessible(Sec 4(1)of RTI Act -info to be disclosed by Public Authorities
on suo motu)
5. Accountable -acknowledgment & assumption of responsibility for actions(office of Lokpal-Lokayukta, CVC , RTI
Act)
6. Responsive -Redressal of citizen grievance & to give timely delivery of services -PRAGATI portal
7. Effective and Efficient -use of resources (mission LiFE- encourage youth to promote energy & resource
efficiency.
8. Equitable and Inclusive -all groups, particularly the most vulnerable, to have opportunities to improve or
maintain their well-being.

• Strategies for Good Governance

Redirecting State Priorities towards essential human needs e.g. Swachh Bharat Abhiyan prioritizes sanitation &
public health
Collaborative Governance Framework b/w govt, civil society & business sector to promote mutual growth & GG
Advance the capacity of the Civil Services through reform e.g Mission Karmyogi
Enhance the strength and efficiency of state institutions to improve governance. e.g. ECI through the use of EVMs
Modernizing laws & regulations, promoting transparency, & ensuring accountability in governmental processes.

• Department Administrative of reforms and Public grievances (DARPG) -five dimensions of governance
1. Political -The nature of political contestation, Conduct of political players & institutions.
• Use & abuse of political authority.
2. Legal & Judicial-Ability of the State to maintain law & order, Safeguard human rights.
• Enable access & delivery of justice.
3. Social- Ability of the State to care for vulnerable sections of society.
• Environmental governance.
4. Economic -Ability of the State to create a conducive business climate &Ensure macroeconomic stability.

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 4. Economic -Ability of the State to create a conducive business climate &Ensure macroeconomic stability.
5. Administrative- Ability of the State to manage its human, financial, and technological resources.
• Deliver basic services to the public.

• Governance Issues in India

○ Criminalization of Politics as highlighted by Association of Democratic Reforms (ADR) )
○ Delayed Justice & Issue of Under Trials 45.2 million pending cases in courts
○ Corruption- India ranked 93 out of 180 countries on the corruption perceptions index ,2023
○ Bureaucratic Delays: India ranked 163 out of 190 countries by World Bank's Ease of Doing Business rank in
2020, in terms of enforcing contracts
○ Poor Management of Economy: Events like 2016 demonetization criticized for poor planning & execution,
impacting the economy widely.
○ Marginalization of Socially and Economically Backward People in the process of development
○ Deterioration of the Physical Environment, pollution and waste management issues, like Delhi, which faces
severe air quality problems regularly.
©
• India should also focus on developing probity in governance, which will make the governance more ethical.
• The govt should continue to work on the ideals of Sabka Saath, Sabka Vikas and Sabka Vishwas which will lead to
inclusive and sustainable development.

Impact of Coalition Governments on Governance in India

Coalition govts, where multiple political parties come together to form a government
• Consensus-based Decision Making leads to more inclusive & balanced policies (slow decision-making)
• CGs provide a system of checks and balances, preventing any single party from having absolute power.
• Strengthens federalism by giving regional parties a say in governance.
• Promotes negotiation and compromise, leading to pragmatic policymaking.
• PROBLEMS Instability – Frequent collapses due to shifting alliance
PM/CM lacks full authority due to coalition pressures.
Parties prioritize political gains over national interest.
Key policies may be diluted to accommodate diverse party interests.
• While CGs promote inclusivity but often face instability and policy compromises. Strong leadership and consensus-
building are key to their success.

Good Governance Initiatives

• E gov, Mission Karmyogi, Citizen charter, Social audits, Aspirational Districts Programme(to improve the socio-
economic status of the country's most underdeveloped districts.); Good Governance Index(to assess and rank the
quality of governance across different states or regions- by DARPG)
DBT(reducing leakages &corruption)
RTI- empower citizen to request info- enhancing accountability & transparency
Digital India: to transform India into a digitally empowered society
Pradhan Mantri Jan Dhan Yojana: provides banking services and other financial products to all households
GST: Streamlines multiple indirect taxes into a single tax, enhancing tax administration efficiency.
Decentralization and People’s Participation: Enhanced through the 73rd -74th CAA
Swachh Bharat Mission- promotes cleanliness & sanitation, waste management

Tools to implement Good Governance

1.E GOVERNANCE
• E-Governance, As per 2nd ARC Report, is primarily related to carrying out governance tasks and achieving
governance outcomes through the use of ICT
• Pillars of e-Governance
People
Process
Technology

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• Pillars of e-Governance
People
Process
Technology
Resources
• framework of e-governance is described through the "5C" model, as identified by Miglani in 2001, which includes:
Computer
Connectivity
Content (info exchanged within the system among users.)
Consumer
Confidence Building (measures to enhance citizen trust in the e-governance)
• E- Governance is about bringing SMART Governance viz: Simple, Moral, Accountable ,Responsive,Transparent
• Focus on 'Minimum Government, Maximum Governance’.- model that seeks a smaller government in size but
more effective in action, focusing on reducing bureaucratic red Tapism, enhancing efficiency, effectiveness and
ensuring citizen-centric, development-oriented interventions.
• Significance
○ Fast, Convenient and Cost-Effective Service Delivery
○ Empowering people through increased accessibility to information
○ Enhanced Transparency, Accountability and Reduced Corruption
○ Paperless Governance – Promotes eco-friendly administration.
○ Improves Coordination & collaboration across government sectors.
○ Improved access &service quality
○ Data-Driven Decision Making

• Types of Interaction in e-Governance

1. G2G (Govt to Govt)- Khajane Project (KA)- computerize the state's treasury system
2. G2C (Govt to Citizen)-Bhoomi Project (KA)- digitizing land records ; Project FRIENDS (KL) allows citizens to pay
taxes & other dues to state govt ;Digital Locker System, E-seva (AP) issue of certificate, license,
Gyandoot(MP) provides info about Mandibhav, Agriculture Advisory, BPL list etc.
3. G2B (Govt to Business)- e-Procurement Project(AP & GJ) ;SWIFT (Single Window Interface for Facilitating
Trade) initiative to streamline & simplify international trade processes
4. G2E (Govt to Employees)-Integrated Government Online Training iGOT Karmyogi platform

• Digital India Initiatives-launched by GOI in 2015-aims to transform India into a digitally empowered society and
knowledge economy.
Initiatives -MyGov, DigiLocker, DARPAN(ngo),PRAGATI portal (Pro-Active Governance and Timely Implementation)
monitor and implement projects and programs in India, Common Service Centres (CSC) 2.0 scheme, 2015 to
expand the number of CSCs & make online services accessible to rural citizens, NeGP 2.0
• NeGP,2006- to make govt services accessible electronically
• NeGP 2.0 or E-Kranti 2015(Electronic Delivery of Services)-
Aims for “Transforming e-Governance for Transforming Governance”.
NeGP 2.0 advances e-governance by integrating systems, focusing on real outcomes, and being agile, thus
improving governance and service delivery.
Thrust Areas of e-Kranti
e-Education: aims to improve education in India through technology & provide free WiFi
e-Healthcare: allow online appointment bookings and access to medical records.
Etc
• IndiaStack: • A set of APIs (Application Programming Interfaces) that allows govts, businesses, startups, and
developers to utilize India's digital infrastructure to deliver services.
• Digital Public Infrastructure (DPI) a govt initiative that builds and maintains foundational digital systems, like digital
identity platforms (Aadhaar), payment systems (like UPI), & data management frameworks
• SVAMITVA Scheme, National Land Records Modernization Programme -Computerisation of land records
• UMANG - a unified mobile application to access services like Aadhar, Digilocker, PAN etc
• Paygov - online payments to all govt & pvt banks
• Achievements
1. Financial Inclusion – UPI records 10.5 billion+ transactions/month, boosting a cashless economy. Oct 2024 -

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 1. Financial Inclusion – UPI records 10.5 billion+ transactions/month, boosting a cashless economy. Oct 2024 -
highest UPI transactions- 16.5 billion worth Rs 23.5 trillion.
2. Jam Trinity (JAM) – Integration of Jan Dhan Yojana, Aadhaar, and Mobile, enabling DBT to 45 crore+
beneficiaries, promoting financial inclusion and reducing leakages in welfare schemes.. Rs40.81 lakh crore
transferred to citizens,Rs3.5 lakh crore saved by reducing inefficiencies & leakages
3. Transport Digitalization – 98%+ toll payments via FASTag, reducing congestion.
4. Digital Public Infrastructure – Aadhaar covers 1.3 billion+ people, enabling targeted welfare delivery.
5. Connectivity Expansion – BharatNet linked 1.94 lakh+ Gram Panchayats, bridging the rural-urban digital divide.

• Challenges
Digital Divide – Unequal access to technology, especially in rural areas.
Cybersecurity Risks – Vulnerability to data breaches and cyberattacks.
Lack of Digital Literacy among citizens and officials.
Resistance to Change from bureaucrats and citizens accustomed to traditional methods.
Insufficient internet connectivity and power supply in remote areas.
High Implementation Costs for infrastructure and training.
Interoperability Issues in government departments' systems and databases.
Language Barriers

• Recommendations of 2nd ARC on e-governance

Incentivizing e-Governance and overcoming the resistance to change within government
Providing political support at the highest level
Creating awareness in the public with a view to generating a demand for change.
Redesign governmental processes and structures to make them adaptable to e-Governance
Develop a critical information infrastructure assets protection strategy.
State Data Centres (SDCs) to be maintained by Government agencies like NIC
Capacity building & skills up gradation of individuals associated with implementation of e-Governance projects.

• IndEA 2.0: Enhancing Digital Governance in India

• Data Governance Quality Index (DGQI) -evaluates the quality of data governance in Indian govt departments &
ministries.
• National Data Governance Framework Policy (NDGFP)2022 -aimed at creating a robust framework
for managing and utilising data across various sectors.
to promote the ethical use of data while ensuring privacy, security, and transparency.
Key objectives
1. Data Accessibility
2. Data Privacy and Security
3. Interoperability
4. Encouraging Innovation
5. Capacity Building
Key Components
Data Sharing and Collaboration
Open Data Initiatives: Encouraging the release of non-sensitive government data to public
Establishing Data Governance Bodies

PEOPLE'S PARTICIPATION
• Reflect the principle that governance should be for the people, by the people, and with the people
• Participatory approach enhances the legitimacy, accountability, and effectiveness of governance.
• Forms of People's Participation
1. Electoral Participation-Voting-citizens choose their representatives who will make decisions on their behalf.
Running for Office: In India all posts are open to citizens, allowing them to engage in governance.
2. Right to Information
3. Social Audits: involve citizens in the monitoring and evaluation of govt programs & projects.
4. Public Consultations held by Govts to seek opinions of citizens on various policy matters through meetings,
surveys, and hearings (e.g., EIA public hearings).

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 surveys, and hearings (e.g., EIA public hearings).
5. Advisory Committees with citizen representation offer insights for policymaking (e.g., National Startup
Advisory Council).
6. PRI & municipal bodies enable direct citizen participation in decision-making, fostering grassroots democracy
• Benefits of People's Participation
1. More acceptable decisions & thus enhanced Legitimacy of govt
2. Increases transparency & Improved Accountability of representatives and public officials
3. Better Decision-Making by Incorporating diverse perspectives
4. Empowers citizens by giving them a voice in governance & enabling them to influence decisions
5. Promotes social cohesion by bringing together diverse groups to work towards common goals
• Challenges
Lack of Awareness about mechanisms available for participation
Socio-Economic Barriers hinders participation of marginalized and disadvantaged groups
Bureaucratic red tape, lack of responsiveness, and inadequate infrastructure
Lack of Political Will to create and maintain inclusive participatory and governance mechanism
• SEVEN SINS OF PEOPLE'S PARTICIPATION by Andrea Cornwall
Tokenism: Superficial involvement of people without giving them real decision-making power.
Paternalism: Decision-makers control the process, limiting genuine input from participants.
Politicization: Participation is used to advance political agendas r/t addressing people's actual needs.
Exclusion: Marginalizing vulnerable or less vocal groups, leading to inequitable outcomes.
Instrumentalization: Using participation to achieve pre-decided goals, like securing funding
Overloading: Participants can become overwhelmed, leading to fatigue & disengagement.
Inefficiency – Poorly planned participation leading to delays and lack of actionable results.

SEVOTTAM MODEL
• objective - improving the quality of public service delivery in the country.

• Three components of Sevottam model: Citizens' Charters

Public Grievance System
Service Delivery Excellence
• 7 step model for citizen centricity
Define services and identify clients.
Set standards and norms for each service.
Develop capability to meet the set standards.
Perform to achieve the standards
Monitor performance.
Evaluate impact through an independent mechanism.
Continuous improvement
• Some success stories of Sevottam framework
Department of Post (India Post)
Indian Railways
Passport Offices

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 CITIZEN CHARTER
• As per 2nd ARC, a Citizen's Charter is a public statement that defines the standards of service, entitlements, and
conditions for citizens.

• Nodal agency: DARPG oversees citizen charter coordination, formulation, and implementation
• Significance
tool to achieve good governance.
provides services in a time bound manner, grievance redressal
Enshrines trust between the service provider & its users
• Challenges
○ difficult language of CC
○ Rarely updated
○ Implementing staff & end users of CC not consulted while drafting CC
○ Not adopted by all Ministries/Departments.
○ Lack of awareness regarding the charter.
○ concerned staff were not adequately trained.
○ Uniform CC for all agencies all agencies under the same parent organization.
○ Measurable standards of delivery are rarely defined
• 2nd ARC Recommendations
Citizen’s Charters should be made effective by adopting the following principles:
One size does not fit all,
CC should be prepared for each independent unit under the overall umbrella of the organization’s charter,
Wide consultation which include civil society in the process,
Firm commitments to be made
Internal process and structure should be reformed to meet the commitments given in the Charter
Redress mechanism is case of default
Periodic evaluation of Citizen’s Charters
Benchmark using end-user feedback
Hold officers accountable for results
©-CC is not an end in its self its rather a means to amend a tool to ensure that citizen are always at the heart of
any service delivery mechanism

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 any service delivery mechanism

RTI 2nd ARC - "master key to good governance.

SOCIAL ACCOUNTABILITY
• Concept that emphasizes citizen engagement and the ability to hold institutions accountable for their social actions
• Need-Citizen empowerment+ improved governance + to compensate for the limits of traditional audit mechanism
• tools of Social Accountability
Participatory Budgeting(Gujarat).
Participatory Planning – based on local needs (Kerala).
Public Expenditure Tracking –to identify inefficiencies and corruption (Delhi, Rajasthan).
Citizen Report Card – Surveys collect public feedback on service quality (Bangalore, Maharashtra).
Community Scorecard – Community-driven evaluation of government services & projects (MH, AP).
Social Audit

SOCIAL AUDIT
SA is a systematic, independent assessment of an organization's or program's social impact & ethical performance.

• MKSS (Mazdoor Kisan Shakti Sangathan)-Initiated public hearings (Jan Sunwai) in RJ to audit public expenditure.
• MGNREGA -Introduced a legal mandate for social audits. Kerala -first State to hold total social audit of MGNREGS
• CAG- Developed & updated comprehensive guidelines for conducting social audits.
• Meghalaya - first Indian state to legally mandate social audits for all government schemes.
• MGNREGA social audit report, 2020- 3 lakh cases of financial misappropriation were identified
• Significance
Boosts Accountability & Transparency, help deter corruption by ensuring proper use of funds
Strengthens Governance & empower local communities by strengthening participatory platforms like Gram Sabha
Reveal discrepancies between program goals and actual outcomes
• Limitations
Localized Scope & focusing only on selected aspects
Inconsistency and Ad Hoc Nature of audits
Lack of Trained Auditors
Inaction on Audit Findings
• WF
Enact a National Social Audit Act in line with Meghalaya's Community Participation & Public Services Social Audit
Act (2017).
Establish Independent Audit Units with sufficient staffing and resources like AP’s Society for Social Audit,
Accountability, and Transparency.
Develop frameworks for online access to audit reports & encourage proactive disclosure of information
Explore the integration of AI tools to enhance the efficiency and effectiveness of social audits.

Whistle Blowers Protection Act, 2014

In 2005, India signed the UN Convention against Corruption which offers adequate protection and safeguards for
those who complain and facilitates reporting on corrupt public servants.
Features of act

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Features of act
provides a mechanism for protecting the identity of whistleblowers
law prohibits anonymous allegations-plaintiff has to establish his or her identity,
A complaint can be filed within a span of seven years.
Anyone who discloses the identity of a plaintiff faces a sentence up to 3 years & fine of up to Rs 50,000.
The act does not apply to staff &officers of Special Protection Group (SPG), which was formed under the
Special Protection Group Act of 1988.
The Whistle Blowers Act supersedes the Official Secrets Act of 1923,allowing disclosures in the public interest
that don't threaten national sovereignty.
Appeal to high court sixty days from the date of the order
Issues
○ Anonymous complaints are not recognized
○ No reward to a whistleblower
○ Lack of neutrality arises when the Competent Authority investigating a complaint is a senior official from the
same hierarchy as the accused, leading to biased findings.
○ Disclosures cannot be made under the Bill, if it is prohibited under the OSA.
○ Incorporates provisions to keep issues of national security out of its purview.
○ Too many exemptions under OSA
WF
Appropriate legislation must be enforced to protect innocent whistleblowers.
Whistle blowers to be protected by ensuring confidentiality& anonymity, protection from victimization in career,

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 WELFARE SCHEMES FOR VULNERABLE SECTIONS
29 January 2025 02:38

Dehumanisation of women/vulnerable section, Breaking the shackles of poverty cycle, Short-term wealth
redistributive strategies to long-term social development strategies, Sashakt Nari, Sashakt Bharat, Missing
middle, Antyodaya Approach

A “vulnerable section” is defined by the GOI Act 1935 as being of educational and economic backwardness, of
and a class of people who suffer from some aspect of social life.
SC,ST,OBC, Women, elderly people, people with disabilities, and members of sexual minorities

Rationale of Welfare Schemes for Vulnerable Sections

Preamble seeks to ensure “Justice, social, economic and political” and “Equality of status and of opportunity”.
FR- Right to Equality, Rt Live with Dignity, Rt Edu, Right against Untouchability, Right against Exploitation etc.
DPSP - state's responsibility of welfare of all its citizens.
Various Conventions under UN for support to vulnerable sections, like - UN Convention on the Rights of Child.
Objective of inclusive growth will remain unfulfilled if these sections are not provided help.
Health & Wellbeing: Grants access to healthcare and social safety nets.
Equality of Opportunity: Bridges gaps in education, income, and participation.
Protection from Exploitation: Safeguards against discrimination and abuse.

CHILDREN
• As per UN Convention on the Rights of the Child, a child refers to "a human being under the age of 18 years,
unless under the applicable law, majority is attained earlier."
• Children are the future of a country. Their healthy development is crucial for national progress.
• Art 21A: Education up to the age of 14 was declared a fundamental right.
• Art 24: prohibits the employment of children under 14 years in hazardous industries.
• Art 45: Requires states to provide early childhood care and education for children up to age six.
• Art 39(e): mandates the State to formulate policies to prevent the abuse of children at a tender age.
• Art 39 (f) ensures that children have the opportunities & resources to grow up in a healthy environment with
freedom and dignity, safeguarding them from exploitation and neglect.
• 39 % of population (Census 2011).
• Underage marriage rate among female children (≤15 years) in India was 7% (2014-2020).
• In 2021, over 77,000 children were reported missing

• SDG Goals
Goals 4 and 5 prioritize quality education and gender equality
Goal 8 aims to eliminate forced and child labor by 2025.
• Issues Faced by Children
○ Child trafficking - As per NCRB Report, 8 children were exploited & trafficked into the nation daily
○ Child abuse: Asper survey by NCPCR -over 55% of Indian children have been victim of abuse of some type.
○ Child Marriages: India still has the highest rate of child brides in the world.
○ Child labour: Census 2011, 3.9% of total child population is working, either as main or marginal worker
○ Health issues: poverty, hunger, inadequate sanitation are serious issues that contribute significantly to
the high infant death rate. More than 40% of kids are stunted or malnourished.

• Schemes for Children

Integrated Child Development Services (ICDS): for overall well-being of children under 6years of age, &
pregnant, lactating women.
Integrated Child Protection Scheme: protect children from abuse, neglect, exploitation, abandonment,
separation
SAMAGRA SHIKSHA ABHIYAN: to improve school education from pre-school to class 12

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 SAMAGRA SHIKSHA ABHIYAN: to improve school education from pre-school to class 12
Mid-Day Meal (MDM) Scheme: nutritious cooked meal during school hours.
SAKSHAM ANGANWADI AND POSHAN 2.0: Addressing the challenges of malnutrition by
implementing a strategic transformation in the content and delivery of nutrition.
Mission Vatsalya: to support children in need of care and protection in line with the (SDGs).
National Health Mission - comprehensively interventions to improve child health and nutrition status.
Sarva Shiksha Abhiyan - for universalisation of primary education .
Udaan - scholarships to enable girl students to soar to higher education
Sukanya Samriddhi Yojna -launched as a part of ‘Beti Bachao Beti Padhao' to encourage parents of a girl-child
to stock a fund for their education and marriage.
Ladli Laxmi Yojana (MP) - To improve the health and educational status of the girls.
The National Child Labour Project for rehabilitating the children withdrawn from employment
Platform for Effective Enforcement for No Child Labour (PENCIL)

• Legislative Measures for Child Welfare

○ The Immoral Traffic (Prevention) Act, 1987
○ Child Labour (Prohibition and Regulation) Act 1986
○ Prohibition of Child Marriage Act, 2006:minor up to 18 girls, 21 boys.
○ Right of Children to Free and Compulsory Education Act, 2009:Article 21a.
○ The Right to Education Act,2009(RTE Act)- free & mandatory education for children ages 6 to 14 years.
○ Protection of Children from Sexual Offences Act, 2012

• Institutional Measures-
NCPCR
Central Adoption Resources Authority (CARA) - central authorityto administer international adoption under
the provisions of the 1993 Hague Convention on International Adoption ratified by the GoI in 2003.

• Suggestions to Address Children's Issues

Edu -Ensure accessible, safe, and inclusive schools with adequate resources.
Bridge learning gaps & Promote digital literacy
Nutrition-Expand mid-day meal schemes and focus on nutritional education.
Increase the availability of primary healthcare services, especially in rural areas.
Address malnutrition- Implement targeted interventions for pregnant women & young children.
Child protection-Enforce child protection laws & Strengthen judicial systems to protect children
Conduct awareness campaigns to prevent child abuse and neglect.
Support & rehabilitate survivors of child victims
Gender equality-Promote gender-sensitive education and social norms.
Empower girls through education, skill development, and leadership.
Implement strict laws against female infanticide, child marriage, and gender-based violence.

Child Marriage
UNICEF- Around 27% of girls in India are married before the age of 18(1/3 largest global bride child)
NFHS-5
23.3% of women aged 20-24 years were married before age 18 years.
Prevalence of child marriage has reduced by half from 47% (2006) to 23.3% (2019-21)
Andhra Pradesh, Assam, Bihar, Jharkhand, Rajasthan, Telangana, Tripura and West Bengal have higher
prevalence of child marriage than national average.

• Reasons for prevalence of child marriages

○ Poverty and Resource Scarcity:to reduce financial burdens, particularly dowries
○ Cultural and Traditional Beliefs: Child marriage is seen as a way to preserve family honor and protect girls.
Girls viewed as a "burden," & early marriage is seen as transferring this burden.

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 ○ Girls viewed as a "burden," & early marriage is seen as transferring this burden.
○ Low Value on Girls' Education
○ Parents marry off daughters early to protect them from harassment or assault.
○ Social background- high prevlance in SC/ST
○ Weak law enforcement and low conviction rates allow child marriage to persist, especially in rural areas.

• issues associated with child marriage

○ Increased maternal and infant mortality.
○ Early school dropout, limiting opportunities.
○ Economic Disempowerment: Loss of financial independence.
○ Reinforces patriarchal discrimination.
○ Emotional distress and mental health issues.
○ Perpetuates poverty across generations.
○ Domestic Violence: Higher risk of abuse and exploitation.

• Steps taken
Prohibition of Child Marriage Act , 2006': It prohibits marriage of girls under 18 & boys under 21.
The Juvenile Justice (Care and Protection of Children) Act, 2015: care -protection of children who are at
imminent risk of minor
the Protection of Children from Sexual Offences Act, 2012(POSCO)
Prohibition of Child Marriage (Amendment) Bill,2021
Beti Bachao Beti Padhao Scheme (2015)
Rupashree(WB) -provides a one-time financial grant to poor families for their daughter's marriage.
Kanyashree (WB) - financial assistance to girls to encourage them to stay in school and delay marriage.
International- convention on elimination of all kinds of discrimination against women(1993)- Ar 16

• CS- Aliva in Odisha(Nayagarh) to eradicate child marriage.- Anganwadi workers register adolescent women &
track them
• Way forward
Ensure strict enforcement of child marriage laws with higher conviction rates.
Promote girls' education to delay marriage and empower them with skills and knowledge.
Uma Mahadevan, IAS- awareness not just about legal but also health perspective
Launching "Child Marriage Free Village" certifications, modeled similar to "Open Defecation Free" status
Empowering Magistrates to take Suo Moto Action to prevent solemnization of child marriage
Involve men and boys in advocating for gender equality and ending child marriage.

• Dhannulal Vs. Ganeshram (2015)- couples living in live-in relationship would be presumed legally married.
• Sabla scheme aims at empowering Adolescent Girls
• 80% of illiterate children married before 10 are girls
• 12 million Indian children were married before the age of 10 years--84% of them Hindu and 11% Muslim

WOMEN
• Manusmriti- “Where Women are honored, divinity blossoms there, and wherever women are dishonored, all
action no matter how noble it may remain unfruitful.”
• 48.5% -female census 2011
• Article 15(3). The state may enact unique provisions to safeguard the interests of women and children under
Articles 243 women must be given at least one-third of the seats in Panchayats and Municipalities
• sex ratio-in 2011 was 943 at the national level, 949 in rural; 929 in urban regions.
• 2011 Census, the overall literacy rate- 74.04%,Males: 82.14%; Females: 65.46%

• ISSUES ENCOUNTERED BY WOMEN

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• ISSUES ENCOUNTERED BY WOMEN
Patriarchy: Men hold authority, limiting women to home responsibilities.
Violence: Physical and psychological abuse, including domestic violence and dowry-related deaths.
Education: Limited access to education, especially in rural areas, widening the gender literacy gap.
Excessive dowry demands lead to violence and fatalities.
Pink colorization of the workforce: Women are often confined to stereotypical roles like teaching and nursing.
Underrepresentation in politics, only 11.8% of women in the Indian Parliament and 9% in state legislatures.
Workplace Sexual Harassment: Widespread issue highlighted by the #MeToo movement.
Unequal Pay: Women earn less than men for the same work.
Child Marriage: Restricts education, health, and freedom.
Workplace Discrimination: Gender bias in hiring and promotion.

• INITIATIVE TAKEN
The prohibition of child marriage act (2006)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act, 2013: The PoSH Act
Protection of Women from Domestic Violence Act, 2005
Dowry Prohibition Act, 1961
Maternity Benefit (Amendment) Act, 2017
PRADHAN MANTRI MATRU VANDANA YOJANA: Maternity Benefit Program
Udyam Sakhi Portal for Women Entrepreneurs
One Stop Centre Scheme: provides support to women who are experiencing violence.
Ujjwala Scheme: free LPG connections to women from economically disadvantaged households
Beti Bachao Beti Padhao
SWADHAR-provides support to women who are victims of difficult circumstances like traffiking,destitute
women

• WAY FORWARD
Strengthen and enforce laws ensuring equal rights and protection for women.
Promote equal pay, access to financial resources, and entrepreneurship opportunities for women.
Improve access to quality education, especially in rural areas, to empower women.
Raise awareness on women's rights, violence, and gender equality.
Encourage greater female participation in political and decision-making roles.
(leaving sex work as profession topic -Animesh 100pg no)

SC/ST/OBC
Art 15(5) - Power of state to make provisions for admission of BC,SC,ST, in private educational institutions.
Art 16(4) - Reservation in public services for BCs
Art 17 - Abolition of untouchability
Art 19(5) -Restrictions on freedom of movement or residence for the benefit of STs.
Article 40 - Reservation of 1/3 seats for SCs/STs in PRI
Article 46 - Directs State to promote educational & economic interests of weaker sections, SCs, STs.
Art 334: reservation of seats for SC,ST in Lok Sabha.

Scheduled Castes
Art 341 defines which castes, races, tribes are considered SCs
MK Gandhi -"Harijans"/"children of God,"; Dr Ambedkar-"depressed class."
Art 341(1) - Power of President to designate castes, races, or tribes as SCs
35.4% SC population in rural areas lives below the poverty line
IMR among SCs - 40.7 per 1000 live births, ; National-25.5 deaths per 1,000 live births.
As per NCRB, 57,582 registered cases of crimes against SCs in 2022.

ISSUES FACED BY SC

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 ISSUES FACED BY SC
○ Social Discrimination –68% of Dalits still face untouchability (NCDHR report), caste-based exclusion.
○ Low literacy rates(SC-66.1%;national-73%), high dropout rates, & inadequate access to quality
education.
○ Economic Marginalization –low-income occupations, high unemployment.16.6% population but hold only
9% of the wealth
○ Unemployment & Landlessness – Over 71% of SCs are landless or marginal farmers (NSSO).
○ Affected by violence, crime, and human rights violations.20.74% of prison population is SC (NCRB 2019).
○ Inadequate representation in decision-making bodies despite reservations.

INITIATIVE TAKEN
• NCSC- Article 338 by the 89th CAA
• Pradhan Mantri Anusuchit Jaati Abhyuday Yojana (PM-AJAY) - to improve socio-economic status of SC
communities.
• SC Sub-Plan (SCSP): Targeted development for SCs by allocating funds across govt sectors.
• Venture Capital Fund for SCs: Promote entrepreneurship and self-employment among SC
• Babu Jagjivan Ram Chhatrawas Yojana: hostel facilities for SC girls
• SHRESHTA Scheme- provides high-quality education to meritorious students from SCs..
• Mahila Adhikarita Yojana: provides loans to women, including safai karamcharis and scavenger women
• National Career Service Centre for SC/ST: Facilitates job placements for SC and ST youth.
• Prevention of Atrocities Act,1989- to prevent acts of violence & discrimination committed against members
of SC/ST
• SCs and STs (Prevention of Atrocities) Act, 2015 - more stringent provisions
• The ‘Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013
• The Protection of Civil Rights Act, 1955 - prohibits the practice of untouchability

WAY FORWARD
Strengthen & update laws like POCA to address evolving forms of discrimination
Encourage SC leadership in politics, bureaucracy, & judiciary with enhanced training and mentorship.
Launch campaigns to challenge caste-based discrimination and promote social inclusion.
Improve scholarship schemes, skill development programs, and digital education access.
Economic Empowerment through skill development, microfinance, and market access.
Empower SC communities to report discrimination and participate in monitoring the implementation of laws.

Scheduled Tribe
• STs recognised under Schedule V and defined as tribes under Article 342 by president
• Sex ratio 990 per 1000 males
• Lokur Committee outlined five criteria for identifying ST:
Primitive traits
Geographical isolation
Distinct culture
Shyness of contact with the larger community
Economic backwardness
• Art. 46:
• Art. 350: Instruction in mother tongue
• Art.243: Seat reservations in Panchayats
• Art. 275: Grants are made to certain States (STs&SAs) included in the Constitution's Fifth & Sixth Schedules
• Art. 330: Seats reserved for STs in the Lok Sabha;
• Art. 337: Seats for STs in state legislatures are reserved

• ISSUES
Land Alienation & Displacement – STs constitute 8.2% population (Census 2011) but face 40% of all land

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 ○ Land Alienation & Displacement – STs constitute 8.2% population (Census 2011) but face 40% of all land
displacement due to infrastructure projects
○ Erosion of Cultural Identity due to Globalization, modernization, & government policies(practices of great
Andamanese tribe on verge of extinction)
○ Lack of Political Representation especially in Northeast India
○ Higher poverty rates, unemployment, and underemployment compared to general population. ST
population living BPL is 45.3% -->NSSO report)
○ Educational Deprivation – ST literacy rate is 59%, lower than the national average of 74%
○ Lack of access to basic amenities like education, healthcare, transportation, and communication
○ High malnutrition, maternal mortality, and poor healthcare access. 27% of ST children under five are
underweight, higher than the national average of 21% (NFHS-5).
○ loss of traditional forest lands and access to natural resources

INITIATIVE TAKEN
The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): extends PRI to Scheduled
Areas, promoting tribal self-governance.
The Forest Rights Act, 2006: recognizes the rights of forest-dwelling communities
The Protection of Civil Rights Act, 1955
POCA ACT,1989
NCST Art 338A by 89th CAA2003.
Kasturba Gandhi Balika Vidyalayas
Eklavya Model Residential Schools
Pradhan Mantri Van Dhan Yojana
Van Bandhu Kalyan Yojana-Holistic development of tribal communities
National Tribal Health Care Plan

• Way Forward
Dhebar Commission (1960) Recommendations on Education
Adjust school timings, vacations, and holidays to align with tribal cultural practices
Provide the mid-day meal, clothing, free book, reading & writing materials, etc. to all the tribal children

Xaxa Committee recommendations for welfare of STs

Empower Tribes Advisory Council.
Ensure one-third reservation for tribal women in Autonomous District Councils (ADCs)
Recruit teachers locally in tribal areas
Strictly uphold laws protecting tribal land from alienation
Implement multilingual education policies and incorporate local culture in the curriculum
Involve tribal communities in forest protection and management.

Mungekar Report
Devolution of powers and avoid misuse of power in tribal areas
Health crisis in Tribal areas should be handled on priority basis

PVTG
represent the most marginalized segment of India's tribal population.
Characters- pre-agricultural practices, low literacy, economic backwardness, declining populations,
75 PVTGs residing in 18 States and UT of A&N Islands.
Pradhan Mantri PVTG Development Mission: to saturate PVTG habitations with basic amenities

Sub categorisation of SC &ST

dividing broader caste groups into sub-groups based on various criteria
SC, 2024 directed states to identify ‘creamy layer’ in SCs and STs and exclude them from quota benefits
Jarnail Singh v Lachhmi Narain Gupta-Upheld concept of creamy layer ,directed to apply income ceiling on
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 Jarnail Singh v Lachhmi Narain Gupta-Upheld concept of creamy layer ,directed to apply income ceiling on
those eligible for reservation.
Need
○ Addressing Inequalities within SC & ST communities
○ Existing quotas often favor dominant SC groups. e.g. Arundhatiyars (TN) (16% of SC) hold few jobs despite
a dedicated quota within the SC quota.
○ To allocate reservation benefits more proportionally
○ Way to achieve the constitutional goal of social justice by providing targeted support
concerns
Identifying and defining clear sub-categories can be challenging.
Sub-categorization may lead to internal conflicts within SC and ST communities.
Insufficient data for accurate categorization and resource allocation.
Existing quotas may not address disparities within SC communities.
WF
Apply income-based criteria to limit reservation benefits as directed by SC.
Establish clear and objective criteria for sub-categorization.
Ramachandra Raju Commission,1996(AP) recommended sub-categorisation of SC based on levels of
backwardness and representation among communities
Usha Mehra committee recommended to empower state legislature to reclassify the SC category subject to
Presidential confirmation.

OBC
• no standard definition of OBC in the Indian Constitution. SEBCs are commonly known as OBCs.
• NCBC -granted Constitutional Status under Art 338B (inserted by 102CAA 2018).
• 41% - population-NSSO
• Two BC Commissions were appointed - Kaka Kalelkar commission & B.P. Mandal Commission.
• Art 15 & 16 - enable reservation for OBCs in admission to educational institutions, & in public employment.
• Art 340- authorizes the President to appoint a commission to investigate the conditions of SEBCs
• 27% reservation in govt jobs & seats in public educational institutions for OBCs-recommended by Mandal
commission
• Indra Sawhney Case 1992-upheld 27% reservation for OBCs, Subject to exclusion of the "Creamy Layer"
• Justice Rohini Commission 2018- proposed to divide OBC castes into four subcategories 1,2,3, and 4 to split
the 27% OBC quota reservation.--to guarantee "equitable distribution"
revealed 97% of benefits went to 25% of OBC castes.
Around 983 OBC communities had zero representation in jobs

Challenges
Low Literacy Rates+ landless or marginal farmers + Caste-Based Discrimination + Political
Underrepresentation + concentrated in low-skilled and informal sectors

WAY FORWARD
Kaka Kalelkar Commission recommended:
Caste-wise enumeration in the 1961 census to better assess backwardness.
Treating social backwardness in relation to the traditional caste hierarchy.
Indra Sawhney Judgment: exclude creamy layer from the reservation benefits. reserved quota should not
exceed 50%.
Pichhra Varg Kalyan Mahasabha Haryana Case 2021: social, educational, & other factors must also be
considered to identify BCs alongside the economic criterion.
Prioritizing government funds for constructing hostel facilities for OBC boys and girls.
Establishing residential schools in every district with a significant OBC population

Initiative

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 Initiative
Scheme of Free Coaching for SC and OBC Students
New Swarnima Scheme - loan scheme for women entrepreneurs from BCs.
Shilp Sampada scheme - provides financial assistance and training to artisans, craft workers from BCs
Saksham: loans to young professionals from BCs.

Indian reservation system

aims to provide opportunities to historically disadvantaged groups.
It reserves seats in education, govt jobs, legislatures for OBC, SC,ST,EWS, PwD
Arguments in Favour
counteracts historical injustices & provides opportunities for marginalized groups.
Representation of marginalized voices
Social Upliftment of SCs, STs, OBCs.
CRITICISM
Merit vs. Equality Debate -undermines meritocracy.
Creamy Layer Issue
Reservation quota has reached 50%, raising concerns about administrative efficiency.
Exclusion of Other Disadvantaged Groups like religious minorities & women

Ongoing Debates and Reforms:

Sub-categorization to ensure benefits reach the most marginalized
Considering economic Criteria
Implementing reservations based on factors like gender or disability.
Setting a timeline for the reservation system.

DIFFERENTLY ABLED PERSON

• UN Declaration on the Rights of Disabled Persons (1975): “Any person unable to ensure by himself or herself,
the necessities of a normal individual and social life as a result of a deficiency either congenital or not in
his/her physical or mental abilities” could be described as disabled.
• WHO Statistics 1 billion people (15%) experience some form of disability
Population Affected- 80% from Low- and Middle-Income Countries.
• 2011 Census- 2.21% population- 'disabled'.
• 80% of disabled force is out of labour force

• Welfare Programs
Accessible India Campaign (Sugamya Bharat Abhiyan)
Sugamya Pustakalaya: Online library for persons with print disabilities
Deendayal Disabled Rehabilitation Scheme-equal opportunities, equity, social justice, empowerment
National Action Plan for Skill Development of PwDs
Dept of Empowerment of Persons with Disabilities (Divyangjan): under Mo Social Justice & Empowerment.
National Policy for Persons with Disabilities 2006: equal opportunities for protection of their rights and full
participation in society.
Mobile Aided Note Identifier (MANI) of RBI helps visually identify denomination of Indian banknotes

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 Mobile Aided Note Identifier (MANI) of RBI helps visually identify denomination of Indian banknotes
Biwako Millennium Framework: Working towards inclusive, barrier-free, &rights-based society- India is
signatory
Mental Healthcare Act, 2017

Rights of Persons with Disabilities Act, 2016

India ratified the UNCRPD in 2007 and passed RPwD Act in 2016, but these have not amended the Constitution
to give disability rights constitutional protection.
Describes 21 types of disablities into Physical(Visual Impairment, Deaf)& Intellectual disabilities(Down
syndrome)

Provisions
Reservations: 4% in govt jobs and 5% in higher education institutions.
Free Education for children with disabilities (age 6-18) in govt funded & recognized institutions.
Ensures accessibility in public buildings within a timeframe (Accessible India Campaign).
Chief Commissioner and State Commissioners monitor implementation and address grievances.
Creates National and State Funds for PwDs.
Provides for joint decision-making between guardians and PwDs.
Imposes penalties for offenses against PwDs and violations of the Act.
Designates Special courts in each district to handle PwD rights violation cases.

Acc. To WHO Barriers to healthcare encountered by people with disablity

Attitudinal barriers: Negative attitudes, stereotyping, prejudice, and discrimination from healthcare workers
Physical barriers: Inaccessible health facilities, equipment, and parking areas
Communication barriers: Lack of communication between patients and healthcare workers
Financial barriers: People with disabilities are more likely to be unable to afford healthcare
Transportation barriers: Inaccessible transportation and public buildings

WAY FORWARD
Create more job opportunities across sectors.
Implement RPWD Act provisions for workplace inclusivity.
Upgrade infrastructure with ramps, lifts, signage, etc.
Allocate resources for PwD welfare schemes.
Ensure participatory policymaking involving PwDs.
Train judiciary and administration to address PwD issues effectively
Promote positive media portrayal and integrate disability awareness in education.
Include PwDs in decision-making roles.

MINORITY
As per UN Human Rights office of high commissioner- minority is any group of persons which constitutes less
than half of the population of a State whose members share common characteristics of culture, religion or
language.
Article 29 addresses minorities as "any section of citizens having a distinct language, script, and culture."
Article 30 covers two types of minorities: religious and linguistic.
Article 350 pertains specifically to linguistic minorities.
Acc to NCM Act, 1992, religious minorities -Muslims, Sikhs, Christians, Buddhists, Zoroastrians (Parsis), Jains
Mo Minority Affairs-2006--formulate policy, plans, also handles matters related to Haj Committee via MEA
• SCHEMES
Skill Development- "Seekho aur Kamao" & "USTTAD"
Entrepreneurship: National Minorities Development and Finance Corporation (NMDFC).
Scholarships: Pre-Matric, Post-Matric, and Merit-cum-Means scholarships.

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 Scholarships: Pre-Matric, Post-Matric, and Merit-cum-Means scholarships.
Higher Education: Maulana Azad National Fellowship & for overseas education - Padho Pardesh.
Offering free coaching (Naya Savera) and exam preparation support (Nal Udaan)
Women's Empowerment: Nai Roshni.
Cultural Heritage: Hamari Dharohar.
Population Stabilization: Jiyo Parsi scheme.
• Waqf Management: Improving management of Waqf properties by computerization & financial support.
•

• Recommendation- Ranganath Mishra Commission,2007

Empowering Minority Educational Institutions:
creating a national-level committee to boost credit flow to minority communities
advocated for 10% reservation for Muslims and 5% for other minorities in govt jobs and MNREGA.
regular monitoring, evaluation, and increased budgetary allocations of minority welfare programmes

Domestic Workers/Migrant Labourers

As per ILO DW are those workers who perform work in or for a private households & provide care services.
Women globally (76.2%), men representing 24%.
80 % are in informal employment.
• Challenges faced by Domestic Workers
Poor Working Conditions
Low wages and no benefits -lack access to healthcare, sick leave, or pensions.
Overwork is common, many workers exceeding legal working hours without overtime pay..
Physical and emotional abuse
Lack of specific labor laws protecting domestic workers' rights,
Informal nature of work makes it difficult to regulate, leading to widespread exploitation.

• MEASURES
Art 23 - prohibits human trafficking, forced labor, & similar forms of exploitation
Art 39(e)- preventing the abuse of workers, particularly women and children,
e-Shram Portal: formalizing the informal sector
Child Labour Act: prohibits the employment of children below 14 years of age
Sexual Harassment of Women at Workplace Act, 2013:
Unorganized Workers’ Social Security Act, 2008: extends social security benefits to workers in unorganized
sector, including DW

• WAY FORWARD
Strict implementation of labor laws, including minimum wages, working hours, & social security benefits.
Establish grievance redressal mechanisms and ensure timely justice.
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 Establish grievance redressal mechanisms and ensure timely justice.
Provide training and skill development programs to enhance employability and earning potential.
Registration of domestic workers to bring into the formal economy
Provide Financial literacy like saving,investments to improve their financial well-being.

LGBTQIA+ Community
LGBTQIA+ community is a group of people who identify with a variety of sexual orientations and gender
identities. The acronym stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, and
asexual.
LGBTQ - 10% of India’s population
2011 census - 600,000 transgender individuals.
• Challenges faced by LGBTQIA+ Community
Discrimination & prejudice in various life aspects, like employment, healthcare, & education.
Over half of LGBTQIA+ students have experienced harassment from classmates, 15% - bullied by teachers,
leading to school dropout
High prevalence of violence, harassment, and abuse from both family and society.99% of transgender faced
repeated instances of social rejection.
Employment Discrimination – 92% of transgender persons are unemployed or in informal jobs (NHRC)
Mental Health Issues – LGBTQIA+ individuals are 3x more likely to suffer from depression and anxiety (WHO)
Underrepresentation in politics and media, hindering progress in achieving equality.

• NALSA Judgement: SC established 'third gender' status for hijras or transgender people
• Navtej Singh Johar case: Declared Sec 377 unconstitutional, legalising consensual same-sex relationships
• Naz Foundation Govt v. NCT of Delhi-decriminalized homosexuality in India.
• 2019 Arun Kumar case recognized a marriage between a male and a transwoman,
• 2022 SC judgment: Expanded the definition of family to include same-sex couples & queer relationships
• Constitutional Guarantees of Equality and Non-Discrimination
Preamble emphasizes justice, equality of status, & socio economic-political equality
Article 14, 15,16,21,23
• Garima Greh Scheme: Provides shelter homes to transgender persons.
• SWEEKRUTI (OD)-promote equality and justice for transgender people
• National Portal for Transgender Persons - To help applying for a Certificate and Identity card
• The Transgender Persons (Protection of Rights) Act, 2019-provides legal recognition and protection against
discrimination.(rest I have left act if imp add from VAM)

• Way forward
Ensuring LGBTQIA+ individuals have the same rights as others, including marriage, adoption, and guardianship
Challenging homophobia and transphobia through education and awareness campaigns
Developing policies and programs that address the specific needs of the LGBTQIA+ community
Adopt the Yogyakarta Principles: Incorporate international human rights standards that specifically protect
the rights of LGBTQIA+ individuals.

Senior Citizen
Pradhan Mantri Vaya Vandana Yojana (PMVVY): To provide financial security and a regular source of
income to senior citizens.
Varishtha Pension Bima Yojana: To provide regular income and financial security to senior citizens.
SACRED Portal: It allows anyone over the age of 60 to register & search for jobs and employment possibilities.
Integrated Programme for Older Persons: To improve the quality of life of the aged group by providing basic
needs like food, shelter, opportunities etc.

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 Development Processes & the Development Industry
30 January 2025 02:54

Human-centric Development, Demographic doldrums, Government as an Enabler, Fulcrum of the

development, Cooperative based Economic Development, Sahakar-se-Samriddhi, From Mere Opportunity to
Guarantee of The Future,

DEVELOPMENT PROCESS
According to World Bank, development is "the long-term, inclusive, and equitable process of improving
people's well-being."

Economic Dimension: GDP, per capita income, employment, poverty reduction, infrastructure development
Social Dimension: Access to quality education, healthcare, nutrition, housing, gender equality
Human Development: life expectancy, literacy, access to clean water, sanitation, empowerment to participate
in decision-making.
Environmental Dimension: environmental biodiversity-conservation, CC mitigation, sustainable resource
management, renewable energy promotion.
Governance & Institutions: governance, rule of law, transparency, accountability, democratic values
Cultural Dimension: recognises importance of preserving and promoting cultural heritage, diversity, identity.
Technological Dimension: technological advancements, digital connectivity, innovation, access to ICTs

Brundtland Report (also k/as “Our Common Future”) defines sustainable development as meeting the needs
of the present without compromising the ability of future generations to meet their own needs.

UN’s SDGs: to be achieved by 2030, address a wide range of global challenges. They are universal & achieving
the SDGs requires collective action from govts, businesses, civil society, & individuals.

Amartya Sen's Concept of Development -enhancing human freedoms and capabilities

Capabilities- the freedom to choose and lead desired lives

Challenges Associated with Development

• Unequal distribution of wealth leads to poverty & marginalization. Top 10% holds 77% of national wealth.
• Regional imbalances hinder uniform development.
• Education and Skill Development: India has 4.7% of its workforce trained in formal skills, compared to 52%
in US, 80% in Japan, 96% in South Korea
• Rampant pollution, with 9 out of the 10 most polluted cities globally being Indian, poses a serious health
threat

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 threat
• Stagnant investment in education (2.9% of GDP) , low doctor-to-patient ratio (0.7 per 1000) hinders workforce
productivity and future economic prospects.
• Poor transportation, power, and urban amenities hinder economic growth
and quality of life
• India’s logistics cost is 14% of GDP, higher than the global average of 8-10%
• social issues, including gender inequality, caste-based discrimination, and social exclusion.
• Agricultural Distress, deforestation, and climate change.

Way Forward
increase investment in education and health sectors to a minimum of 5% of GDP for each
Implement fair and transparent land reforms to ensure equitable distribution
Progressive Taxation and Fair Redistribution of wealth
Pollution Control and Sustainable Practices
Technology Integration in Resource Utilization for efficient extraction and processing

Civil Societies
• According to the World Bank: “Civil society refers to a wide array of organizations: community groups,NGOs,
labour unions, indigenous groups, charitable organizations, faith-based organizations, professional
associations, and foundations.”
• Referred as “third sector” (after govt and private sector)
• Amnesty International, the International Trade Union Confederation, World Wide Fund for Nature (WWF),
Greenpeace and the Danish Refugee Council (DRC).
• FEATURES
Autonomous operation
Voluntary participation
Advocacy for Marginalized Groups
Socially Driven Purpose
Accountable Practices
Represents Diverse interests and Inclusive
• Rooted in Gandhian volunteerism, now manifests in various forms of activism.
• e.g. CS organized handloom weavers into cooperatives for direct marketing & better pricing.
• AMUL, a dairy cooperative society, emerged from this cooperative movement..

• Types of Civil societies

Civil rights advocacy organizations: promote human rights of specific groups e.g. women, dalits, disabled etc
Civil liberties advocacy organizations: to promote civil liberties and human rights of all citizens
Community based organizations, citizen’s groups, farmers’ cooperatives
Business and industry chambers of commerce: to promotion policies & practices in business.
Labour unions: to promote the rights of employees and workers.
Political Parties; Religious Organizations; Housing cooperatives, slum dwellers & resident welfare
associations.

• Changing Role of Indian Civil society

• Agent for promoting good governance like transparency, effectiveness, openness.
Ensures the right to access to information. RTI Act (2005):MKSS helped in its enactment.
• Social-Represents interests of the voiceless and unorganized communities
Role of NGO’s like Childline India Foundation, World Vision in raising awareness on child sexual abuse.
• Instrumental in shaping key laws like NREGA, FRA, RTE Act, Land Acquisition Act driving lasting economic
reforms.
• Climate Action & Environmental Conservation and --efforts for Chilika Lake, Olive Ridley Turtles,coastal
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• Climate Action & Environmental Conservation and --efforts for Chilika Lake, Olive Ridley Turtles,coastal
ecosystems.
• Social Media Movements: #MeToo, #SaveAarey, and other digital campaigns for policy change.
• Judicial Interventions: PILs led to SC rulings on pollution control and conservation (e.g., Ganga Action Plan).
• provides aid like food, medical services, legal advice, and disaster relief.
• Influencing Policy-e.g. Kisan organisations during the Anti farm law protest.
• Rahat launched by Goonj(CS) during covid-19
• Akshaya Patra Foundation- revolutionized mid-day meal programs in schools through its centralized kitchens.

CHALLANGES
Funding Constraints and Financial Sustainability: FCRA, 2020 further restricted foreign funding.
Regulatory Environment and Government Scrutiny- Centre cancelled 10,069 FCRA registration in 2015
Criticised for their own lack of accountability and transparency.
Lack of awareness among the masses about existence and functioning of the civil society organisations.
Allegations of bias and interference in policy matters.
IB reports reveal foreign funds being used to destabilize national security, including financing Naxal training.

Way forward
reduce bureaucratic hurdles for CSOs while maintaining necessary oversight.
Partnerships with the government for grassroots impact.
Evolve multiple sources of funding to reduce dependence on rich donors.
Hiring best talent to work with poor or disadvantaged communities in rural or urban low-income areas.
CSIs must be held accountable for both their actions and inactions.

Civil society is new frontier of war(which is called the 4th generation), can be subverted to harm nation, Ajit
Doval says

National Policy on Voluntary Sector,2007

established to support and empower the voluntary sector
defines VOs broadly to include groups focused on public service, encompassing community-based
organizations, NGOs, charitable groups, support organizations, networks, and professional associations.

Non-Governmental Organizations (NGOs)

UNDP-NGO is a non-profit organization, group or institution that operates independently from a Government
and has humanitarian or development objectives.
Civil Society, when organized in structure and specialized in function, takes the form of NGOs.
In 9 states/UTs where NGOs fed more than 75% people outperforming state govts
Types
Charity-Oriented NGOs
Service-Oriented NGOs
Empowering-Oriented NGOs
Participatory-Oriented NGOs
National and International NGOs
Registration of NGOs
NGOs mainly comes under three segments-.
1. Societies: register under the Societies Registration Act 1980.
2. Trusts: Private trusts- the central government’s Indian Trusts Act, 2015,
Public- the state legislation concerned.
3. Charitable companies: set up according to the Companies Act, [Link] have to even pay Income tax
under IT act 1961. as loans & advances are easily available to them
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 under IT act 1961. as loans & advances are easily available to them

Darpan portal - to improve transparency and accountability of NGO

The Foreign Contribution (Regulation) Act (FCRA),2010

NGOs receiving foreign donation need to obtain permission for FCRA registration license from MHA under
FCRA, 2010.
applies to associations, groups, and NGOs that receive foreign donations. ensures that such donations do not
adversely affect internal security.
Non-compliance can lead to penalties or cancellation of registration.

Role of NGOs in Development

gaps in development left by govt - filled by NGOs.
The Advocacy/Social Safety-Valve Role-mobilizing public attention to societal problems and needs.
Supplementing Education & Healthcare: Kerala Sastra Sahitya Parishad is renowned for contributing to
Kerala's high literacy rate.
Strengthening democracy and governance: E.g. Association for Democratic Reforms (ADR) works for Electoral
and Political Reforms.
Protecting Human Rights: E.g., Bachpan Bachao Andolan, founded by Nobel Peace Laureate Kailash Satyarthi,
for protecting children from exploitation.
Women empowerment: E.g., SEWA (Self-Employed Women's Association) supports women workers in
through training, financial services, & legal aid.
Representation of marginalized sections-Naz foundation supports people living with HIV/AIDS ,LGBTQIA+
community
Preserving Heritage: E.g., Indian National Trust for Art and Cultural Heritage (INTACH)
Pratham NGO, works for quality education for underprivileged children in India.
Right to Shelter: NGOs such as YUVA and SPARC in cities like Mumbai(both for poverty allevation)
Right to Information: It is because of the efforts of NGOs that RTI has become reality in India.
Protecting Tribal Rights: As witnessed in the Vedanta vs. Posco case
Acting as an independent "auditor" or "watchdog" of corporate and government
Water Conservation -[Link]
Wildlife Conservation - Wildlife Trust of India
Implementation of welfare schemes
Development and Operation of Infrastructure e.g. NGOs did a remarkable job post-2004 Tsunami. ,helping in
rescue operations

Challenges Faced by NGOs

limited access to funds due to stricter FCRA regulations.
Lack of Performing NGOs: only about 1.5% of NGOs in India actually undertake developmental work.
Financial Reporting: Only about 10% of NGOs report their annual income and expenditure statements
Terror Funding: NGOs, like the IRF, have been accused of diverting funds for terrorism and radicalization.
channels for tax evasion and money laundering activities.
Professionalization Over Volunteerism- diluting original purpose
lack of professionally trained staff in NGOs,

Suggestions to Improve the Working of NGOs

Appreciate efforts of NGO by giving awards or reward
government should give some special incentives for NGOs who are working in rural areas.

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Recommendations of Vijay Kumar Committee (2017)
Light Regulation approach that balances oversight with freedom of NGO, reducing bureaucracy hurdles
Simplified registration procedures for compliance with the Income Tax Act and FCRA
Establishment of a Nodal Body: To oversee interactions between NGOs and government entities
Details of NGOs should be made available as searchable database information.

2nd ARC recommendations:

Decentralize FCRA implementation.
Ensure balanced legislative interpretation protecting voluntary sector operation

Self Help Groups

small, informal groups typically composed of 10-20 members, often women, who come together to address
common issues and improve their economic conditions
India has 1.2cr SHGs(with 6.7cr members)-88% all women
objective of - Zero Poverty, Zero Unemployment and Sustainable development.
(I)-SHGs are untapped powerhouse of enterprise & highly potential vehicles to deliver social good

Overview of their functioning:

Formation: within a community,often facilitated by NGOs or govt agencies.
Regular Meetings: usually weekly or monthly
Pooling Savings &Internal Lending
Collective Decisions & Record Keeping of financial transaction
Bank Linkage: to access larger loans and financial services.
training in financial literacy, entrepreneurship, and other skills from NGOs, govt agencies, or banks.

Significance of SHGs
Economic Impact
provide employment opportunities to poor women, enabling them to achieve economic independence. •
Through the SHG-Bank Linkage Programme, members gain awareness of the formal banking system
Increased income generation through microfinance, small businesses, and entrepreneurship.
Encourages savings habits and promotes bank linkages.
Access to government schemes like NRLM (National Rural Livelihoods Mission)
Political Impact
Increased participation of women SHG member in PRI
Many SHG members contest Panchayat elections and hold position od Sarpanch
Social Empowerment
Improved decision-making power within families and communities.
Reduction in gender discrimination and increased social mobility.

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Reduction in gender discrimination and increased social mobility.
Health & Education
Increased awareness of health, hygiene, and sanitation.
Greater emphasis on girls' education and reduction in early marriages.

Issues
Patriarchal mindset prevent women from participating in SHGs.
Illiteracy among many members leading to poor understanding and communication.
Lack of financial literacy to manage their finances.
Many SHGs - hijacked by women from elite rural families, undermining their original purpose.
Lack of Proper Training on production techniques, quality control, or packaging
Managerial and Technological Challenges
Maintaining high quality and facing tough competition
Weak connections with marketing agencies and poor sales promotion efforts lead to low visibility and sales.
Issues with accessing sustained credit
Regional disparity- higher number of SHGs in Southern states compared to Northern states

Government Initiatives and Policies Supporting SHGs:

Deen Dayal Antyodaya Yojana – National Rural Livelihoods Mission (DAY-NRLM)-mobilized 9.73cr women into
89.4 lakh (SHGs
SHG-Bank Linkage Programme (SBLP)
Mission for Financial Inclusion (MFI)
EShakti to digitize the financial and non-financial data of all SHGs
VISVAS Yojana -provides a 5% interest subvention to SHGs.
Aajeevika Grameen Express Yojana (AGEY)- transportation services to rural areas--livelihood to SHG
Sakhi Mandal Yojana(GJ) helps SHG women improve their standard of living
Saras Aajeevika Mela-provide a platform to women SHG members to showcase and sell their products
Manam Inidhu(TN) -initiative to train SHG members on mental health

Best practices
1. SEWA
2. ODISHA MISSION SHAKTI
3. JEEVIKA MISSION IN BIHAR
4. Bandhan-Konnagar
5. Solar MAMAs-by SHG in Bihar
6. Maize procurement by SHG in AP
7. Kudumbashree(KL): poverty eradication and women empowerment
8. Mahila Arthik Vikas Mahamandal (MAVIM)(MH): economic empowerment of women through SHGs,
9. Disaster management - risk mgmt + Awareness

© SHGs have expanded their mandate from following only the Panchsutra of good saving & borrowing to
Dasasutra that encompasses access to public services, education, health & wellbeing of poor house holds

Co-operatives
A cooperative is a voluntary association of people who own and control a business to meet their common
needs
Article 19(1)(c): Grants citizens the right to form co-operatives.
97th CAA (2011): Granted right to form cooperatives, added Article 43-B(mandates state to promote co-
operative societies.) and Part IX-B for cooperative governance.
Ministry of Co-operation,2021
The Multi-state co-operative societies Act,2002 provides for the functioning of MSCS under Mo Cooperation.
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The Multi-state co-operative societies Act,2002 provides for the functioning of MSCS under Mo Cooperation.

Functioning of Co-operatives
function through open membership and democratic control,each member having one vote.
Members contribute equitably to the capital and benefit proportionally from surpluses.
They maintain autonomy and self-governance, even in external agreements.
Co-operatives also focus on education and training for their members and collaborate with other co-
operatives locally and internationally.

Significance of Co-operatives
Boost to Rural Economy: Co-operatives cover around 97% of villages, & 19% of agricultural credit is disbursed
by co-operatives.
Fosters economies of scale, like in dairy, where more than 45,000 cooperatives with nearly 60L members exist.
Provides self-employment to more than 17.8 million people, improving socio economic conditions,
Promotion of Organic Farming by Co-operatives like the Sittilingi Organic Farmers Association
Economic Inclusivity: Integrates marginalized sectors into the formal economy
Agricultural Productivity: IFFCO supports farmers with affordable inputs, increasing crop yields & profitability.
Facilitates access to Essential Services: Kerala’s Milma cooperative ensures affordable dairy products

Benefits
Easy setup, less legal implication-any 10 members
Limited liability- upto their capital contribution
Promotes saving
Formalisation of economy
Credit promotion in rural areas
Promote equality & transparency- one man, one role+ surplus equally distributed
Promotes Scientific agriculture

Govt initiative
Mo Cooperative,2021
MSCS Act,2022
National Cooperative Development Corporation (NCDC) - To promote CD across various sectors, including
agriculture, agro-processing
Rashtriya Mahila Kosh (RMK) - provide micro-finance to women cooperatives.
Sahakar Mitra Scheme- provide paid internships to young professionals in cooperative sector.
Model Cooperative Societies Act-uniform legal framework for the functioning of cooperatives

Issues
Caste-based divisions can limit inclusivity.
Inefficient governance and lack of professionalism.
Financial Instability: Mismanagement and liquidity issues.
Limited collective bargaining power.
Corruption -the Punjab and Maharashtra Cooperative Bank
Concentration of power in a few individuals.
Political Interference leading to erosion of autonomy
Struggle to access adequate capital for expansion and modernization
Regional Imbalance: more developed in western & southern parts of country than eastern regions like
WB,JH,OD, & NE states.

Way Forward
Simplify regulatory frameworks to reduce administrative burdens
Improve training programs for cooperative members.

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Improve training programs for cooperative members.
Design outreach initiatives to involve marginalized groups.
Provide training in finance, management, and technical skills.
Increase awareness and participation among members.
Ensure autonomy by reducing political influence.
Foster alliances between cooperatives for stronger collective bargaining.

Microfinance Institutions
MFI is an organization that offers financial services to low income populations.
services --microloans, microsavings, microinsurance.

Major Business Models

Joint Liability Group: 4-10 individuals who seek loans against mutual guarantee.
SHGs-NABARD supports SHGs through the SHG-Bank Linkage Programme. SBLP connects SHGs with banks to
provide financial services and support skill development
Grameen Model Bank: brainchild of Nobel Laureate Prof. Muhammad Yunus in Bangladesh in the 1970s.
Rural Cooperatives: beneficial only to the creditworthy borrowers --didn't succeed

Significance
Potent tool for financial inclusion and socio-economic transformation.
Empowerment of Women through SHGs.
Poverty reduction and overall rural development. Reduce dependence on high-interest local moneylenders.
Anti-poverty: Collateral-free loans+ Savings+ Employment generation
Economic Impact: Improved Infrastructure + moneylending reduction+ Informal market influence
Asset Creation: Practice of thrift
Non-agricultural focus (64% goes to money, trade, services)
Less reliance on informal banking
Human asset development

Shortcomings:
Lack of access to global markets
Politicization
Poor bookkeeping and capacity-building issues
Concentration in Southern states (70%)
Over-Indebtedness due to Easy access
Limited Reach in Remote Areas

Way forward
Broaden the range of financial products offered by MFIs
Provide Incentives for Rural Expansion
Establish a dedicated regulatory body to oversee MFI operations,
Increase field supervision with regular audits and on-site checks

Government Measures:
Swarna Jayanti Swarozgar Yojana-providing self-employment opportunities to rural poor through SHGs
NABARD Bank Linkage-
Deen Dayal Yojana
Mahila Kisan Sashaktikaran Pariyojana-improving agricultural practices and access to financial resources.
Mahila e-Haat-women entrepreneurs can sell their products directly.
e-Shakti-initiative by NABARD to digitize the records of self-help groups

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Pressure Groups
Organizations that seek to influence government policy and decisions without directly contesting elections.
Techniques Used:
Electioneering-Supporting candidates who are favorable to the group’s interests(trade unions)
Propaganda: Spreading information to shape opinions.( India Against Corruption (IAC).)
Lobbying: Influencing policymakers (e.g., Indian Women's Association).
Petitioning: Filing requests or demands to the authorities.(Indian Lawyers Association for women's entry in
Sabarimala)
Examples of Pressure Groups:
1. SEWA (Self-Employed Women’s Association): Protects women's rights.
2. Just Peace: Addresses people's grievances in the North-East region.
3. Mazdoor Kisan Shakti Sangathan: Advocates for the Right to Information (RTI).

Characteristics of Pressure Groups:

1. Based on Specific Interests: The Republican Party (US) influenced by industrial pressure groups to ban
imports and promote exports
2. Use of Modern(use of social media) & Traditional Techniques(blockades, mahapanchayat, market
closure)
3. Resulting from Deprivation: "Save the Just Peace" movement in the NE region.
4. Inadequacies of Political Parties: Humsafar Trust and Naz Foundation advocating for LGBTQ+ rights.
5. Issue-based focus: They often arise from specific issues (e.g., women's rights, regional demands).
6. Anomic Interests: Arise from spontaneous outbursts due to grievances.
7. Result-oriented: Seek tangible changes (e.g., protests for public rights).
8. Changing Public Consciousness: Mazdoor Kisan Shakti Sangathan (for transparency & public awareness).
9. Represent the collective demands of social or professional groups.

Types:
• Institutional: professionally employed individuals & are part of govt machinery.(IAS association, IPS
association)
• Associational: Pursue specific goals and interests -Trade unions (e.g., AITUC,FICCI).
• Anomic: Spontaneous group -enter political system through actions like riots, demonstrations,
assassinations (e.g., ULFA, Naxalite).
• Non-Associational -informal groups articulate interests based on kinship, ethnicity, region, status, and
class.(Harijan Sevak Sangh, RSS, VHP, Jamaat-e-Islami, Tamil Sangh)

Benefits of Pressure Groups:

1. Interest Articulation: India Against Corruption (IAC) articulated concerns against corruption
2. Encourage Legislative Reforms: Pushes for removing outdated [Link] helps in revising obsolete laws.
3. Political Socialization: Educates people on their political [Link] Sevak Sangh educates citizens
on rights.
4. Improved Administration: Assists in administrative efficiency. Lawyers assisting NRC issues in Assam.
5. Improved Governance: Leads to meaningful debates and dissent for better [Link]' protests
against farm bills (All India Kisan Sabha).
6. Catalyst for Social Change: Tackles societal [Link] Foundation fighting sexism in Bollywood
7. Fair Representation: Ensures minorities and vulnerable sections are [Link] Peace" movement.
8. Advocacy for Democracy: Example: SEWA & NCW protect women’s rights under the Domestic Violence
Act, 2005.
9. Checks and Balances: Bernard Barber called pressure groups "carriers of democracy."

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 9. Checks and Balances: Bernard Barber called pressure groups "carriers of democracy."
10. Expertise Sharing: Political training and technical advice.
11. Political Training: Functions as a "safety valve" to address grievances and provides expertise.

Issues of Pressure Groups (PGs):

focus on narrow religious, regional, and ethnic interests, overshadowing broader socioeconomic concerns
lack autonomy and stability, shifting loyalties with political changes
Resorting to unconstitutional methods like violence for vested interests (e.g., Naxalite movement).
tools for political interests, undermining their intended influence on the political process.
a) Pluralism & Contradictions: Conflicting interests between different groups.
○ Example: FICCI vs Labor Unions; Farmers' protests vs civilians.
b) Socio-Political Crimes: Influence of pressure groups leading to crony capitalism and vote bank politics.
c) Lack of Organizational Structure: heads are not elected.
d) Increased Inequality: Resourceful groups have greater persuasive power.
e) Multiple Failures: results in loss of faith.
f) Obstruction to Development: Neutrino Lab controversy in Tamil Nadu.

Categories of Pressure Groups:

1. Business Groups – Federation of Indian Chamber of Commerce and Industry (FICCI), Associated Chamber
of Commerce and Industry of India (ASSOCHAM),CII
2. Trade Unions – AITUC, Hind Mazdoor Sabha (HMS), Bharatiya Mazdoor Sangh(BMS)
3. Professional Groups – Indian Medical Association (IMA), Bar Council of India (BCI),
4. Agrarian Groups- All India Kisan Sabha, Bharatiya Kisan Union, etc
5. Student’s Organisations- Akhila Bhartiya Vidyarthi Parishad (ABVP), All India Students Federation (AISF),
National Students Union of India (NSUI)
6. Religious Groups – RSS, Vishwa Hindu Parishad (VHP), Jamaat-e-Islami, etc.
7. Caste Groups – Harijan Sevak Sangh, Nadar Caste Association, etc
8. Linguistic Groups – Tamil Sangh, Andhra Maha Sabha, etc
9. Tribal Groups – Tribal National Volunteers (TNU) in Tripura, Tribal League of Assam.
10. Ideology based Groups- Narmada Bachao Andolan, Chipko Movement, Women's Rights Organisation, AIC
11. Anomic Groups - Naxalite Groups, Jammu and Kashmir Liberation Front (JKLF), ULFA, Dal Khalsa

Important NGOs:
• Common Cause: Advocates euthanasia and the right to die.
• Shakti Vahini: Works on honor killing prevention.
• Independent Thought: Focuses on sexual crimes against minors.
• ADR: Electoral reforms.
• Amnesty International: Human rights advocacy.
• NAZ Foundation: HIV/AIDS prevention.
• Akshaya Patra: Midday meals for students.
• ASER & CRY: Child rights.
• Kailash Satyarthi Children's Foundation: Child labor prevention.
• HelpAge India: Elderly care.
• BITS & Centre for Science and Research: Educational initiatives.
• Tribal Welfare: MRIDA, Rashtriya Bal Kalyan Samiti, KISS, Nilgiri Waynad Tribal Welfare

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 Role of civil service
30 January 2025 03:09

Karma yogis, Red tape trap, From Chalta hai Mindset to Seva Bhaav (Service Mindset), Four chasms of
organizational success—Confusion to Clarity; Competence to Capability; Concern to Confidence and
Criticism to Celebration, 4Cs: Courage, Consistency, Commitment and Cooperation

• Origin may be traced back to Mauryan period, however modern civil service is generally traced back to
British raj
• Ethos of Civil servants
○ Late 1940s-Welfare oriented
○ 1960-1980s -Development oriented
○ Post 90s- Facilitator role
• Defined in Part XIV , in Articles 308–323.

• Substantive Role of civil services

1. Basis of govt- govt cannot exist without administrative machinary
2. Instrument for Policy & laws Implementation effectively at the grassroots level.
3. Provides continuity to governance
4. Act as intermediaries between government and people
5. Support democracy (e.g., free and fair elections). Promote inclusive democracy
6. Handle disasters, pandemics, and emergencies with efficient planning and response.
7. Implement economic policies, promote investment, and ensure sustainable development.
8. Provide data-driven inputs and suggestions for evidence-based policymaking.
9. safeguard public assets. e.g. Sanjiv Chaturvedi's IFS in Kurukshetra filed a FIR against contractors for
illegal tree cutting and hog deer poaching.
10. Uphold constitutional values, protect marginalized communities, promote social harmony.

• Bureaucracy & Democracy

Act as a link between policymakers and the public
Translates democratic mandates into actionable programs.
Ensures continuity, stability, and neutrality in governance, irrespective of political changes.
Acts as an advisory body to prevent arbitrary political decisions.
Addresses grievances and ensures inclusivity in governance
• Issues
Politicization of Bureaucracy- defeats primary purpose of providing nonpartisan & efficient administration
Politician - Bureaucrat- Businessman [Link] democratic credentials+ crony capitalism
Minister vs Bureaucrat debate
• Way Ahead
Insulate bureaucracy from political interference.
Quick action against corruption
Use e-governance for transparency and efficiency.
Recruitment Reforms
Effective Implementation of RTI, Citizen charter

• CADRE BASED CS
Allotting specific states/ zones to civil servants based on their merit, preference & availabilty of positions.
Need- Promote quality, Impartiality ,Integrity, uniform administration
Bring diverse experience,

• Issues of cadre based CS

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• Issues of cadre based CS
Permanency of cadres- diminishes all India character & limits the officers concern to local issues
Provincialization of CS reduces capacity of civil servants to adopt & disseminate good practices of other
cadres
Collusion with local politician & conflict of Interest
Generally, 25-30 % cadre strength of state used to be on central deputation. Currently, less than 10 % are
working in various central ministries.
Issues in central deputation- smaller states have better representation than larger states
Large variations in size of IAS cadres wrt total state population
2nd ARC- cadre based CS hac limited the recruitment of specialist through lateral entry
Frequent transfers can disrupt the personal lives of officers and their families.

• Way ahead
1. New cadre policy(2017)- aimed at national integration
2. Increasing recruitment through lateral entry
3. Rationalising size of cadres acc to population of states

ISSUES WITH CS
Promotion Inconsistencies-Seniority-based promotions over merit hinder efficiency.
Political intervention causes unfair transfers and tenure instability
Bureaucratic Red Tape-Excessive procedural delays
Outdated Rules, laws & Procedures
Elitist Mindset: Resistance to change due to vested interests
Generalists unable to do specialists job
Autonomy issues due to political pressure
Poor work culture & lack of professionalism
Pressure to serve political interests over public welfare.
Security threats (e.g., threats to IAS officer Tukaram Mundhe).
Ineffective Incentive Systems for Honest civil servant. Ashok Khemka transferred 50times in 30 years

©Civil servant's transparency, efficiency, and integrity contribute to good governance.

However, restructuring is necessary to meet contemporary needs

Conflict between CS & democracy

Rigid organisation structure+ cumbersome procedure + not approachable
Civil services follow strict rules, while democracy demands adaptability.
Politicization affects impartial decision-making.
Strict rules regulations sometimes limits efficiency & adaptation to changing circumstance
Status Quoist Outlook & difficulty to cope with uncertainity & change
Weak performance evaluation fosters inefficiency.

ALL INDIA SERVICES

All India Services Act, 1951 is a law that regulates the recruitment and conditions of service for AIS.
Established under Article 312
Parliament can create new services if RS passes resolution with 2/3 majority
Functions & Significance
Implement government schemes and policies at various levels.
Union govt stays in touch with ground realities in different parts through AIS
National Integration: Officers serve across different states, fostering unity and administrative uniformity.
Maintain Law & Order.
Development Administration, welfare schemes, and rural development.
Judicial & Quasi-Judicial Roles: enforce laws, conduct inquiries, handle administrative tribunals.

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Judicial & Quasi-Judicial Roles: enforce laws, conduct inquiries, handle administrative tribunals.

ISSUES
Relevance of AIS after 70 years of independence --> AIS was product of time & not relevant now
Against spirit of federalism
Unity ,integrity of nation more insured with strong elective institions, economic prosperity than AIS
Hostility b/w AIS & state services
Outsider unaware about the state's ethos , culture in which they are posted
Control with centre but financial burden with states
Large authority - responsibiltity gap--States demand full control over AIS
Affect autonomy of states as officers might hesitate in taking any decision favoring state over centre govt

RECOMMENDATION OF SARKARIA COMMISION

AIS should be further strengthened & any move to weaken them would be harmful for country
Setting up of advisory council for personnel administration of AIS to deal with problems of AIS
New AIS should be set up - Indian edu service, Medical service-as recommended by Punchhi commision
Specialist Recruitment & Lateral Entry in key departments for better policymaking.

REFORMS NEEDED IN CS
2nd ARC
1. Bringing accountability
System of two intensive reviews at the gap of 14yrs, 20yrs
Service of civil servants found to be unfit after 2nd review at 20yrs should be discontinued
Further continuance based on performance
"360 degree" appraisal mechanism for promotions & empanelment on same line as in Malasiya.
Adopt a code of ethics for public officials.
lateral entry for promoting the specialization in civil services.--also by NITI aayog
Promoting e-office, strengthening training, Merit-based postings, Establish suo moto disclosure
monitoring
reforms to the recruitment process, including direct recruitment for some positions.
citizen-centric approach to governance.
Insulating Civil Servants from Political Interference
Establishing a civil service posting and transfer board

HOTA COMMISSION
Using ICT for effective and accountable service delivery.
Amend Prevention of Corruption Act & CrPC to protect honest civil servants from harassment and
malicious prosecution.
A system of performance assessment should replace the Annual Confidential Report (ACR).
Assign domains to civil servants to help them develop skills and their careers.
Fixed tenure of at least three years to ensure administrative stability and reduce political interference.

SC direction
SR subramanian case2013- officer not bound to obey oral directives of political executive
Fixed minimum tenure
No interference of minsters other than CM in transfer /posting of CS

Other imp recommendation of ARC

National institution of public administration to run Bachlor degree in public adm
Reduce maximum permissble age & no of attempts--(also by NITI aayog)
Recognise outstanding works of CS through National awards

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Recognise outstanding works of CS through National awards
Performance awards at state ,district level
Effective introduction & midcareer training

Niti aayog
Lateral entry
Outsource service delivery whenever possible
Longer tenure for secretaries
Institutionalise goal setting & tracking for each department

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 Issues Relating to Poverty & Hunger
31 January 2025 03:45

Intergenerational Cycle of poverty/ disparities & Perpetuation of Poverty, Culture of Poverty Vs.
Poverty of Culture, From Relative to Absolute to Chronic Poverty, Quasi-universal basic income,
Nutritional paucity; Hidden hunger; Pandemic-induced nutritional insecurity Massification of
Poverty; Pauperisation of Masses; Multi-layered Intersectional Oppression, Hydra Headed Poverty
Challenge, New Poor, Bottomless pyramid

Hunger
WHO defines hunger as prolonged extreme food insecurity, where vulnerable populations may go days
without eating due to lack of money, food access, or resources
SDG 2 - end hunger and achieve food security.

'hunger' as an amalgamation of all these factors

2. Malnutrition - inadequate intake of protein, energy and micronutrients. Starved of the right
nutrition, they can die from common infections such as measles or diarrhoea. "nearly 67% of
country's population suffers from malnutrition
Malnutrition is of two types
Undernutrition: deficiencies in energy, protein, and/or essential vitamins and minerals.
• Some symptoms are: Stunting, Wasting, Underweight, Micronutrient deficiency
Over nutrition : excess food intake as compared to energy needs
• Some symptoms are: Obesity, Cardiovascular diseases,Diabetes - due to excess carbohydrates
1. Starvation -individual's caloric intake is insufficient to sustain life, leading to potentially irreversible
damage & death. This condition is known as inanition.
2. Hidden Hunger- Form of undernutrition that occurs when intake and absorption of vitamins and
minerals (such as zinc, iodine, folate, vitamin A,vitamin B12 and vitamin D etc) are too low to sustain
good health and development

Common Methods to Measure Hunger and Malnutrition

• Global Hunger Index (GHI): Indicators: Undernourishment, Child Wasting, Child Stunting, Child
Mortality.
• National Family Health Survey (NFHS):
○ Large-scale, multi-round survey in India.
○ Data on Children: Stunting, wasting, underweight.
○ Maternal Health: Anemia, nutrition.
○ Feeding Practices: Breastfeeding, complementary feeding.
• Food Security and Nutrition Data:
○ Assessments by FAO and WFP.
○ Food Intake Surveys: Estimate dietary intakes.
○ Nutritional Requirements: 2400 kcal (rural), 2100 kcal (urban)

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New Section 1 Page 118
 One nation one election
04 January 2025 02:50

One Nation One Election

Posted 17 Oct 2024
Updated 22 Oct 2024
5 min read
Why in the news?
The Union Cabinet has accepted the recommendations of the High-Level
Committee on Simultaneous Elections under the chairmanship of former
President Shri Ram Nath Kovind.
About Simultaneous Elections
• Simultaneous Elections (popularly known as One Nation, One Election)
means holding elections to the House of the People, all the State
Legislative Assemblies, and local bodies i.e., Municipalities and
Panchayats, together
• Simultaneous elections do not mean that voting across the country for all
elections needs to happen on a single day.
• In India, simultaneous elections to the Lok Sabha and Vidhan Sabhas were
held in the years 1951-52, 1957, 1962 and 1967.
• This cycle was disrupted due to premature dissolution of State Assemblies
in 1968-69 and of the Lok Sabha in 1970.
Need for Simultaneous elections
• Governance and development: Frequent elections delay development
programs due to the Model Code of Conduct (MCC).
• Frequent elections affect economic growth, investment decisions
and opportunity cost of deferred economic decisions.
• Conducting elections to all three tiers of the Government together would
avoid disruption of supply chains and production cycles due to migrant
workers seeking leave of absence to cast their vote.
• High financial burden: Holding simultaneous elections would reduce the
massive expenditure incurred for conduct of separate elections every year.
• Diversion of human resources: Such as security forces and other electoral
officers (like Teachers) from their primary duties for significantly prolonged
periods.
Reducing the burden on courts: Fewer elections mean fewer election-

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• Reducing the burden on courts: Fewer elections mean fewer election-
related disputes, reducing the workload on courts.
• Reducing identity politics: Frequent elections use identity politics, like caste
and class stirring division and disrupting societal cohesion.
• Voter participation: Staggered elections induce ‘voters’ fatigue’ and present
a significant challenge in ensuring their participation.

Key highlights of High-Level Committee on

Simultaneous Elections
The committee advocated simultaneous elections for Lok Sabha, State
Legislative Assemblies, and local bodies to address the burden on the
Government, businesses, Courts, political parties, civil society etc. due
to frequent elections. Recommendations are as follows:
• Synchronization of Elections: Elections to be held in two phases
• First phase: Conduct Lok Sabha and State Legislative Assembly elections
simultaneously.
• Second phase: Conduct local body elections (Panchayats and
Municipalities) within 100 days of general elections.
• Constitutional Amendments proposed: The high-level committee had
proposed amendments to three Articles, insertion of 12 new sub-clauses in
the existing articles and tweaking three laws related to Union Territories
having legislative assemblies.
Insert Article 82A Amendment of Article 83 Introduction
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 Insert Article 82A Amendment of Article 83 Introduction
(Duration of Houses of of Article 324A
Parliament) and Article 172
(Duration of State
Legislatures):
• Article 82A(1) will state that • In case of a hung House, a • Relating to
“on the date of the first sittingno-confidence motion or holding simulta
of the House of the People defection, fresh elections to neous
after a general election”, the be conducted to constitute elections to Mu
President will issue a the new Lok Sabha or State nicipalities and
notification bringing Article Assembly for the unexpired Panchayats wit
82A into effect. The date of term of the immediately h general
this notification “shall be preceding full term of the elections.
called the Appointed date”. House. • Ratification by
• Article 82A(2) will state that • It ensures continuity in states required
“all the Legislative Assemblies cycle of Simultaneous
constituted in any general Elections.
election held after the
appointed date shall come to
an end on the expiry of the
full term of the House of the
People.

• Single electoral roll: To be prepared by the Election Commission of India in

consultation with the State Election Commission(s) by amending Article
325.
• As it includes amending State subjects (Local Government) in the
7th Schedule, Part IX, and Part IXA of the Constitution of India, ratification
by the States required under Article 368(2).
• Need for ratification by states: The Committee observed that constitutional
amendments in relation to terms of Parliament and state assemblies will
not require ratification by states. However, constitutional amendments in
relation to local bodies will be required to be passed with ratification by at
least half of the states.
• Making Logistical arrangements for conduction of Simultaneous Elections
• For elections to the House of the People and State Legislative Assemblies:
The Election Commission of India will draw a plan for advanced estimation
of procurement of EVMs/VVPATs, deployment of polling personnel,

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

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

From <[Link]

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From <[Link]
election-1>

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06 January 2025 02:21

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pyq
15 January 2025 02:40

Q. From the resolution of contentious issues regarding distribution of

legislative powers by the courts, ‘Principle of Federal Supremacy’ and
‘Harmonious Construction’ have emerged. Explain. (150 words, 10
marks)

Introduction:
The Indian federal system is characterized by its quasi-federal nature,
where the central government holds more powers than state governments.
In this context, the Principle of Federal Supremacy and the Harmonious
Construction approach have emerged as essential doctrines for resolving
disputes regarding the distribution of legislative powers between the Union
and State Governments.
Body:
Principle of Federal Supremacy:
• The Constitution of India outlines the distribution of legislative powers under the
Seventh Schedule, which contains three lists: Union List, State List, and
Concurrent List.
• According to Article 246, if there is a conflict between Union and State laws on
subjects in the Concurrent List, the Union law prevails, establishing the
Principle of Federal Supremacy in India.
• A notable example of this principle’s application is the case of Tika Ramji vs.
State of Uttar Pradesh (1956), where the Supreme Court upheld the
constitutional validity of the Essential Commodities Act, 1955, enacted by the
Union Government, ruling that the Union law prevailed over conflicting state
laws.
Harmonious Construction:
• The Harmonious Construction approach is used by the Indian judiciary to
interpret and reconcile seemingly conflicting provisions of Union and State laws
or constitutional provisions, ensuring their coexistence and harmonious
functioning.
• In the case of State of Rajasthan vs. G. Chawla (1959), the Supreme Court of
India applied the Harmonious Construction principle to resolve a conflict
between a Union law (Prevention of Corruption Act, 1947) and a State law
(Rajasthan Public Servants (Salaries and Allowances) Act, 1956). The Court
held that both laws could coexist and operate within their respective fields
without conflicting with each other.
Conclusion:
These doctrines help resolve contentious issues regarding the distribution
of legislative powers and promote harmony within the Indian constitutional
framework.

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20 January 2025 05:43

New Section 1 Page 126