BASIC STRUCTURE DOCTRINE

Kesavananda Bharati Case, 1973:

• Petition challenged Kerala Land Reforms Act 1963.
• Established Basic Structure Doctrine.
Key Outcomes:
• Validated 24th Constitutional Amendment.
• Parliament can amend Constitution but not alter Basic Structure.
Basic Structure includes:
1. Sovereignty of India
2. Individual freedoms
3. Welfare State
4. Supremacy of Constitution
5. Republican & democratic form of government
6. Secular & federal character
7. Separation of powers
8. Power of judicial review
9. Harmony between Fundamental Rights & DPSPs.

Constitutional Amendment Evolution:

• Pre-24th Amendment: Parliament had unrestricted power to amend Constitution.
• 24th Amendment Act: Limited judicial review over DPSPs compared to FRs.
• 25th Amendment Act: Further restricted judicial review on certain DPSPs.
• AK Gopalan Case (1950): Confirmed Parliament's authority to amend without restriction.
• Shankari Prasad Case (1951): Upheld Parliament's power to amend Constitution, including FRs.
• Sajjan Singh Case (1965): Affirmed Parliament's authority to amend Constitution on property rights and
DPSPs.
• Golaknath Case (1967): Challenged Parliament's authority to amend Fundamental Rights.
• Keshvananda Bharti Case (1973): Established Basic Structure Doctrine, limiting Parliament's
amending power.
Basic Structure Doctrine:
• Protects fundamental features from Parliamentary amendments.
• Term not in Constitution, but doctrine recognized by courts.

Independence of District Judiciary: Basic Structure:

• Judicial Pronouncement: SC in All India Judges Association v. Union of India affirmed district
judiciary's independence as part of the basic structure.
District Judiciary Overview:
• Highest Judicial Authority: District judge presides as the apex judicial figure in the district.
• Organizational Structure: States define subordinate judiciary's structure, jurisdiction, and titles,
leading to slight variations across states (typically organized into three tiers below high court).
• Appointment and Oversight: Governor, in consultation with High Court, appoints, posts, and
promotes district judges.

Abrogation of Article 370:

• Recent Supreme Court Ruling: Upheld Union Government's 2019 decision to revoke special status of
Jammu and Kashmir (J&K) under Article 370.
• Validity Upheld: SC affirmed presidential proclamations of August 2019, stating J&K lost sovereignty
after acceding to India in 1947.
• Temporary Provision: Article 370 considered temporary and transitional.
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• Creation of Union Territory (UT): SC affirmed the legality of carving out a UT from a State.
Article 370: Historical Context:
• Instrument of Accession (IoA): Maharaja Hari Singh of J&K signed IoA in October 1947, agreeing to
accede his state to India.
• Temporary Provisions: Article 370 placed in Part XXI of the Constitution, titled "Temporary and
Transitional Provisions."
• Special Status: Except for defense, foreign affairs, finance, and communications, other laws required
state government's concurrence.
• Article 35A: Stemmed from Article 370, empowered J&K Assembly to define permanent residents and
their special rights.

Article 3:
• Provisions: Parliament empowered to create new states and alter existing states' areas, boundaries, or
names.
• Introduction of Bill: Bill for such purposes introduced in either House of Parliament on President's
recommendation.
• State Consultation: If the bill affects any state's area, boundaries, or name, President must refer it to
that state's legislature for its views.

National Capital Territory of Delhi (Amendment) Act, 2023:

• National Capital Civil Services Authority (NCCSA):

• Establishes NCCSA as a statutory authority to advise the Lieutenant Governor (LG) on transfer,
posting, vigilance, and related matters.
• Decisions by majority vote of present and voting members.
• Principal Secretary and Chief Secretary appointed by the central government.
• Powers of the LG:
• LG empowered to act solely at discretion in matters beyond Delhi Legislative Assembly's
competence or delegated to LG.
• LG exercises discretion or quasi-judicial functions as required by law.
• Primacy to LG:
• LG granted expanded role with powers to approve NCCSA recommendations or send them
back for reconsideration.
• Ministerial Matters:
• Ministers of Delhi Government must submit certain matters to LG through Chief Minister and
Chief Secretary for opinion before issuing any orders.

Governance Model of Delhi NCT:

• 1952 Legislative Assembly (LA):

• Established with an elected Chief Minister.
• Special Status:
• 69th Constitutional Amendment Act of 1991 conferred special status on Delhi, designating it as
the National Capital Territory of Delhi (NCTD).
• Added Article 239AA to the Constitution, making Delhi a Union Territory (UT) with a legislature
and council of ministers.
• Lieutenant Governor (LG):
• Designated as the administrator of Delhi, operating with the aid and advice of the council of
ministers of Delhi.
• Powers of Delhi Legislature:
• Delhi Legislative Assembly empowered to legislate over subjects in the State List and
Concurrent List, excluding police, public order, and land.

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 • Parliament retains the authority to legislate over all matters in the State and Concurrent Lists
related to Delhi.

Preventive Detention:

• Definition:
• Detention of a person without trial and conviction by a court, based on reasonable
apprehension of them engaging in activities dangerous to public order.
• Constitutional Provisions:
1. Article 22(1): Guarantees rights to arrested or detained persons, including being informed of grounds
for arrest and the right to legal consultation and defense.
2. Article 22(2): Requires every detained person to be brought before a magistrate within 24 hours.
3. Article 22(3): Excludes persons detained under preventive detention laws from the rights in (1) and (2).
4. Article 22(4): Limits preventive detention to three months, with confirmation required by an advisory
board for extension.
5. Article 22(7): Allows for preventive detention beyond three months under specific circumstances as
determined by Parliament through legislation.
• Legislative Authority:
• Parliament exclusively legislates for preventive detention related to defense, foreign affairs, and
security of India.
• Both Parliament and state legislatures can concurrently legislate for preventive detention
related to state security, public order, and maintenance of supplies and services.

Right to Privacy:

• Constitutional Basis:
• Governed primarily by Article 21 of the Constitution, which guarantees the right to life and
personal liberty.
• Key Judgment:
• Established by the Supreme Court in the Justice K.S. Puttaswamy (Retd.) Case (2018), affirming
the right to privacy as a fundamental right.
Constitutional Provisions Related to Personality Rights:
1. Article 21:
• Guarantees the right to life and personal liberty, ensuring that no person shall be deprived of
these rights except according to a procedure established by law.
Property Rights:
• Article 300A:
• Introduced by the 44th Amendment Act 1978.
• Titled as Right to Property, it mandates that no person shall be deprived of their property except
by the authority of law.

Hate Speech:

• Definition:
• Not explicitly defined in Indian law.
• Curtailed under Article 19(2) of the Constitution on grounds of public order, incitement to
offense, and security of the State.
Legal Framework:
• Bharatiya Nyaya Sanhita, 2023:
• Section 196(1) penalizes promoting enmity between different groups based on religion, race,
place of birth, residence, language, etc.
• Representation of People Act, 1951:

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 • Section 8 disqualifies individuals from contesting elections if convicted for acts amounting to
illegitimate use of freedom of speech.
• Sections 123(3A) and 125 prohibit promoting enmity on religious, racial, caste, community, or
linguistic grounds in connection with elections as a corrupt electoral practice.

Places of Worship Act, 1991:

• Provisions:
• Declares the religious character of a place of worship to remain unchanged as of August 15,
1947.
• Prohibits conversion of places of worship of one religious denomination into another.
• Imposes an obligation on the State to maintain the religious character of every place of worship
as it existed at Independence.
• Exempts the disputed site at Ayodhya and certain monuments and sites covered by the Ancient
Monuments and Archaeological Sites and Remains Act of 1958.

8th Schedule of the Constitution:

• Current Proposal:
• Odisha Cabinet proposes the inclusion of Kui language in the 8th Schedule.
• Purpose:
• Enlists the official languages of the country, currently comprising 22 languages.
Benefits of Inclusion:
• Government Support:
• Assistance from the government for development.
• Recognition:
• Recognition from Sahitya Academy and wider translations of its literature.
• Official Use:
• Can be used in Assembly and Parliamentary debates.
• Exam Eligibility:
• Eligible for use in All India Competitive Exams.
• Currency Inclusion:
• RBI may include it in currency note denominations.

9th Schedule of the Constitution:

• Background:
• Added by the 1st Constitutional Amendment (1951) under Article 31B.
• Protection:
• Laws included in the 9th schedule, both central and state, cannot be challenged in courts for
violating Fundamental Rights.
• Limitation:
• Supreme Court's ruling in I R Coelho v State of Tamil Nadu (2007) established that laws added
to the 9th Schedule after April 24, 1973, can be challenged if they undermine the basic
structure outlined in Article 21, along with Articles 14 and 19.

Right to Silence:

• Supreme Court Ruling:

• Acknowledges the right to silence for all accused, barring investigators from coercing them to
speak or confess guilt.
• Legal Basis:
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 • Rooted in Article 20(3) of the Constitution, which protects individuals from being compelled to
testify against themselves.
• Scope:
• Protection extends exclusively to criminal proceedings.

Ranganath Mishra Commission:

• Official Name:
• National Commission for Religious and Linguistic Minorities, commonly known as the
Ranganath Mishra Commission.
• Recommendations (2007):
• Proposes complete delinking of Scheduled Caste status from religion, advocating for religion-
neutral status akin to Scheduled Tribes (STs).
• Suggests granting Scheduled Caste status to Dalits who converted to Islam and Christianity.

Article 355:

• Emergency Provision:
• Part of emergency provisions in Part XVIII of the Constitution (Articles 352 to 360).
• Duties Outlined:
• Mandates the Union to safeguard every State against external aggression and internal
disturbances, ensuring adherence to constitutional provisions in State governance.

Right To Walk:

• Punjab's Initiative:
• Punjab becomes the first state to enforce the "right to walk" policy.
• Policy Provisions:
• Requires all road-owning agencies, including the NHAI, to incorporate footpaths and cycle
tracks on roads.

No-Confidence Motion:

• Definition:
• Legislative resolution introduced in the Lok Sabha allowing the Opposition to challenge the
government's majority.
• Outcome:
• Passage of the motion mandates the resignation of the incumbent Government.
• Jurisdiction:
• Exclusively moved in the Lok Sabha.
• Constitutional Basis:
• Article 75(3) mandates the Council of Ministers to be collectively responsible to the Lok Sabha.
• Similarly, Article 164(2) extends collective responsibility to the State Legislative Assembly.
• Procedural Rule:
• Rule 198 of the Rules of Procedure and Conduct of Business in Lok Sabha governs the
procedure for the motion of No-Confidence.

Parliamentary Privileges of Lawmakers:

P V Narasimha Rao Case Judgment:

• Upheld legal immunity for legislators against criminal prosecution on bribery charges related to
speeches or votes in Parliament, as per Articles 105(2) and 194(2) of the Constitution.

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About Parliamentary Privileges:
• Refers to legal immunity granted to legislators for certain actions or statements made in the course of
their legislative duties.
• Not exhaustively codified by Parliament through special law.
Constitutional Provisions:
• Article 105 and Article 194 outline the powers, privileges, and immunities of Parliament and State
legislatures and their members.
• Freedom of Speech in Parliament: Article 105(2) grants immunity from court proceedings for
statements made or votes cast in Parliament, subject to constitutional provisions and parliamentary
rules.
• Freedom from Arrest: Legislators enjoy freedom from arrest in civil cases 40 days before and after the
adjournment of the House and during its sessions, as per the Code of Civil Procedure, 1908. However,
no such immunity exists in criminal cases.

Contempt of the House:

Definition:

• Act or omission obstructing or having the tendency to obstruct either House of Parliament or its
members/officials in the performance of their functions.
• Differentiated from Breach of Privilege.

Privilege Committee:

• Function:
• A parliamentary standing committee in both Houses of Parliament.
• Consists of 15 members in Lok Sabha and 10 in Rajya Sabha, nominated by the
Speaker/Chairman.

Expulsion of Lawmakers:

• Constitutional Basis:
• MPs found guilty of breach of privileges or contempt of the house can be suspended or
expelled.
• Simple majority needed for expulsion motion in each house.
• Involvement of Ethics Committee not always necessary for expulsion.
• Procedures:
• Rule 374A (2001) allows the Speaker to suspend an MP for five days or the remaining session
upon naming, applicable in Lok Sabha.
• Unlike Lok Sabha, Rajya Sabha requires a motion for suspension.

Ethics Committee of Lok Sabha:

• Composition:
• Consists of up to 15 Members nominated by the Speaker, serving a term not exceeding one
year.
• First established in 2000 in Lok Sabha and 1997 in Rajya Sabha.

Expulsion vs. Disqualification:

• Explanation:
• Disqualification prevents further election candidacy, while expulsion does not.
Disqualification of a Lawmaker:

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• Legal Provisions:
• RPA, 1951: Section 8(4) disqualifies a lawmaker for the period of imprisonment plus an
additional six years for a sentence of two years or more.
• Tenth Schedule of the Constitution deals with disqualification on grounds of defection.
• Articles 102(1) and 191(1) provide grounds for disqualification based on holding an office of
profit, mental incapacity, insolvency, or lack of valid citizenship.

Anti-Defection Law:

• Inclusion and Origin:

• Added under the 10th Schedule via the 52nd Amendment Act of 1985.
• Disqualification Criteria:
• Occurs if a member voluntarily relinquishes party membership or votes against party directives
without party condonation within 15 days.
• Independent members are disqualified upon joining a political party after election.
• Nominated members face disqualification upon joining a political party six months post taking
office.
• Exceptions:
• Parties can merge if 2/3rd of their legislators approve.
• Elected Speakers of Lok Sabha, Deputy Speakers, and Deputy Chairmen of Rajya Sabha can
resign and rejoin their party after relinquishing their posts.
• Procedures:
• Disqualification decisions rest with the presiding officer of the House.
• No specific time limit for presiding officers to decide on anti-defection cases.
• Party Directives:
• Disqualification triggered by disobeying written party directives, issued by an authorized party
official.

Ordinance-making Power of President and Governor:

• Definition and Origin:

• Ordinances are temporary laws issued by the President when Parliament is not in session.
• Rooted in historical legislation like the Indian Councils Act of 1861 and subsequent
Government of India Acts.
• Constitutional Basis:
• President's power: Article 123 allows the President to promulgate ordinances during recess of
Parliament.
• Governor's power: Article 213 grants Governors the authority to issue ordinances during recess
of Legislature.
• Validity and Limitations:
• Ordinances have the same legal force as Acts of the Legislature but are temporary.
• Cease to operate after 6 weeks from the next session's commencement unless withdrawn or
disapproved.
• Must pertain to matters within the legislative domain of Parliament or Legislature.
• Governor's Limitation:
• Governor cannot issue ordinances in certain cases without the President's reference:
• When bills with similar provisions require the President's prior sanction.
• When the Governor deems it necessary to reserve a bill for the President's
consideration.
• When an act of the state legislature containing similar provisions would be invalid
without the President's assent.

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Secretariat of the Parliament:

• Constitutional Basis:
• Article 98 mandates each House of Parliament to have a separate secretarial staff.
• Parliament is empowered to regulate the recruitment and conditions of service for these staff
members.
• Establishment and Evolution:
• The Council of States Secretariat and Parliament Secretariat were established in 1952, later
renamed to Rajya Sabha Secretariat and Lok Sabha Secretariat in 1954.
• The Secretary-Generals of both houses hold ranks equivalent to the Cabinet Secretary.
• Roles and Precedence:
• Despite their high rank, Secretaries of Lok Sabha and Rajya Sabha are placed lower in the table
of precedence than the Cabinet Secretary.

Constitutional Amendments:

• 73rd Amendment Act, 1992:

• Constitutionalized Panchayati Raj Institutions.
• Introduced Part IX and the 11th Schedule, listing 29 functional items of the panchayats.
• 74th Amendment Act, 1992:
• Constitutionalized urban local governments.
• Introduced Part IX-A and the 12th Schedule, listing 18 functional items of Municipalities.

Panchayati Raj Committees:

• Balwant Rai Mehta Committee (1957):

• Recommended the establishment of a three-tier Panchayati Raj system.
• Ashok Mehta Committee (1977-1978):
• Emphasized decentralization of powers to strengthen local self-governance.
• C.H. Hanumantha Rao Working Group (1983):
• Focused on fiscal decentralization and resource mobilization for Panchayati Raj Institutions
(PRIs).
• GVK Rao Committee (1985):
• Examined the role of PRIs in rural development and recommended measures for their
empowerment.
• LM Singhvi Committee (1986):
• Studied the functioning of PRIs and suggested ways to enhance their effectiveness.
• Thungan Committee (1988):
• Explored issues related to strengthening grassroots democracy and local governance.

Finances of Panchayati Raj Institutions (PRIs):

Constitutional Provisions:
• Article 243H: Grants state legislatures the power to authorize grants-in-aid to PRIs from the
Consolidated Fund of the State.
• Article 243-I: Mandates the formation of State Finance Commissions (SFCs) every 5 years to review
PRIs' financial position and offer recommendations.
• Article 280(3)(bb): Directs the Central Finance Commission (CFC) to suggest measures to bolster state
Consolidated Funds and augment resources for PRIs.
Sources of Finance:
• Internal/Own Sources:
• Tax revenue from property tax, duties, commodities, service tax, etc.
• Non-tax revenue from market fees, registration fees, etc.
• Transfer of Funds:

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 • From Central Finance Commission (CFC) and State Finance Commission (SFC) to PRIs.

Local Government:

• Constitutional Framework:
• Urban governance falls under the state list (Entry number 5) of the Constitution, leading to
variations in the administrative framework and regulation of Urban Local Bodies (ULBs) across
states.
• Constitution (74th Amendment) Act, 1992, recognized ULBs as the third tier of government,
establishing three types of ULBs: Nagar panchayats, Municipal councils, and Municipal
corporations.

The Capacity Building Commission (CBC):

1. Establishment:
• Constituted through the Gazette of India in 2021.
2. Autonomy:
• Operates as an independent body with executive and financial autonomy to ensure
effectiveness without undue influence.
3. Mission Karmayogi:
• Integral part of the National Programme for Civil Services Capacity Building (NPCSCB) or
Mission Karmayogi, aimed at transforming capacity-building for civil servants by enhancing
skills, competencies, and effectiveness.
4. Serviced by DoPT:
• Serviced by the Department of Personnel and Training (DoPT), pivotal in policy development
and implementation for personnel management and capacity building in civil services.

PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996:

• Purpose:
• Enacted in 1996 based on recommendations for tribal empowerment and mainstream
integration.
• Key Provisions:
• Extends Part IX provisions of the Constitution to Scheduled Areas of 10 States under Article
244(1) with modifications.
• Empowers state legislatures to frame laws regarding Panchayats in these areas.
• Implemented in 10 States with Fifth Schedule Areas, overseen by the Ministry of Panchayati Raj.
• Unique Features:
• Often referred to as a 'Constitution within the Constitution.'
• Requires state legislation to conform with customary laws, social practices, and traditional
management of community resources.
• Gram Sabha Empowerment:
• Each village must have a Gram Sabha (GS) consisting of members listed in electoral rolls.
• GS has substantial roles in development works, beneficiary identification, fund utilization, and
social sector control.
• Responsibilities include safeguarding traditions, resolving disputes, and preserving cultural
identity.
• Reservation and Representation:
• Ensures reservation of Panchayat seats proportionate to community population, with STs
holding Chairperson positions.
Gram Sabha Powers under PESA:
• Mandatory Consultation on Land Acquisition:
• Gram Sabha has the power of mandatory consultation in land acquisition matters.

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• Control over Social Sectors and Local Plans:
• Exercises control over institutions, functionaries, social sectors, and local plans.
• Management of Resources:
• Manages minor water bodies, owns minor forest produce, and regulates sale of liquor and
money lending to scheduled tribes.
• Resettlement and Rehabilitation:
• Manages resettlement, rehabilitation, and controls prospecting licenses/mining leases for
minor minerals.

Aspect 5th Schedule 6th Schedule

Basis Applies to Scheduled Areas and Applies to tribal areas in Assam,
Tribes (except specified states) Meghalaya, Tripura, and Mizoram
Constitutional Article 244(1) Articles 244(2) and 275(1)
Provisions
Council Creation By Act of State Legislature Provided by the Constitution:
Autonomous District Council (ADC)
Autonomy Moderate autonomy (PESA Act Greater autonomy
1996)
Governing Body Tribal Advisory Council Autonomous District Council (ADC)
Powers Advisory powers Wider powers than Tribal Advisory
Council

Parliament Sessions:

• Constitutional Mandate:
• Article 85 requires Parliament to convene at least twice a year, with not more than a six-month
gap between sessions.
• Convention:
• Traditionally, Parliament holds three sessions annually.
• Special Sessions:
• Additional sessions, known as special sessions, can be convened as needed.
• Decision-making:
• The Cabinet Committee on Parliamentary Affairs determines session timing and duration.
• Summoning:
• The President summons Members of Parliament for each session.

Immunity for President:

• SC Ruling:
• The Supreme Court ruled that government entities cannot claim immunity from the law solely
because the President is involved in a contract.
• Article 299:
• Article 299 of the Constitution does not grant the government the authority to violate statutory
law.
• Article 361:
• Provides immunity to the President and Governor from legal scrutiny for their official actions.
• Exceptions:
• The President's conduct can only be reviewed if Parliament authorizes an investigation under
Article 61.

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Adjournment Motion:

• Definition:
• An Adjournment Motion is initiated in the Lok Sabha to discuss an urgent matter of public
importance, subject to the Speaker's approval.
• Support Required:
• It necessitates the backing of at least 50 members to be accepted for consideration.
• Censure Against Government:
• Typically involves criticism of the government, and thus, it cannot be proposed in the Rajya
Sabha.

Role of Governor in Legislation:

• Constitutional Provisions (Article 200):

• The Governor's assent is necessary for a bill to become law, with several options available:
• Give assent: Bill becomes law.
• Withhold assent: Bill fails to become law.
• Return bill for reconsideration: Legislature must reconsider; if passed again, Governor
must assent.
• Reserve bill for President's consideration: If it impacts High Court powers.
• Reserving Bill for President (Article 201):
• The President can either give or withhold assent to a bill reserved by the Governor.
Constitutional Provisions Related to Governor:
• Article 153:
• Mandates a Governor for each state.
• Article 154:
• Vest executive power in the Governor, exercisable directly or through subordinate officers.
• Article 155:
• Governor is appointed by the President.
• Article 161:
• Grants power to grant pardons, reprieves, etc.
• Article 163:
• Establishes a Council of Ministers to aid and advise the Governor.
• Article 164:
• Governor appoints the Chief Minister and other Ministers.
• Article 213:
• Governor may promulgate ordinances under certain circumstances.
• Article 217:
• Governor is consulted for the appointment of High Court Judges.

Promotion of Cooperative Federalism in India:

• 7th Schedule: Demarcates central, state, and concurrent lists, ensuring subsidiarity.
• All India Services (Article 312): Fosters uniformity and cooperation across states.
• Integrated Judicial System: Enforces both central and state laws uniformly.
• Inter-State Council (Article 263): Facilitates discussion and investigation of common interests.
• Article 261: Ensures full faith and credit to public acts, records, and judicial proceedings.
• Zonal Councils: Established under the State Reorganization Act of 1956 to ensure coordination.
• Article 280: Finance Commission recommends financial resource distribution.
• Article 279A: GST Council, with members from Union and states, decides GST rates and modalities.

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Inter-State Border Disputes:

Judicial Redressal:
• Article 131 grants the Supreme Court exclusive original jurisdiction in disputes between the
Government of India and one or more states, or between two or more states.
Inter-State Council:
• Article 263 empowers the President to establish an Inter-state Council for resolving disputes between
states.
Zonal Councils:
• Established by the States Reorganisation Act of 1956.
• Advisory bodies fostering cooperation between states, union territories, and the Centre.
Zonal Council Structure:
• Chairperson: Union Home Minister.
• Comprises 5 Zonal Councils.
Active Border Disputes:
1. Himachal Pradesh-Ladakh over Sarchu
2. Haryana-Punjab over Chandigarh
3. Gujarat-Rajasthan over Mangadh Hill
4. Maharashtra-Karnataka over Belgaum district
5. Karnataka-Kerala over Kasaragod
6. Haryana-Himachal Pradesh over Parwanoo region
Dormant Border Disputes:
1. Odisha-West Bengal over mainland boundaries and Kanika Sands Island in the Bay of Bengal

Mechanism to Deal with Inter-State Water Disputes:

1. Constitutional Provisions:
• Seventh Schedule: State List includes water-related matters (Entry 17) subject to the
provisions of Entry 56 of List I.
• Article 262: Grants Parliament the authority to provide for the adjudication of inter-state river
water disputes.
2. Legislation:
• Inter-State Water Disputes (ISWD) Act, 1956: Allows state governments to request the
Central Government to refer disputes to a tribunal for adjudication.
• River Boards Act, 1956: Enables the establishment of River Boards by the Central Government
to regulate and develop inter-state rivers and river valleys.
3. Jurisdiction:
• Article 262 prohibits the Supreme Court from adjudicating inter-state river water disputes.
• However, under Article 136, the Supreme Court can hear appeals against the tribunal’s orders.

Judicial Appointment Process:

1. Constitutional Provisions:
• Article 124(2): Supreme Court judges appointed by the President after consultation with
Supreme Court and High Court Judges.
• Article 217: High Court Judges appointed by the President after consultation with the Chief
Justice of India, Governor, and Chief Justice of the High Court.
2. Collegium System:
• Supreme Court Collegium: Comprises CJI and four senior-most SC judges.
• High Court Collegium: Led by the Chief Justice of the High Court and two senior-most judges.
• Initiates proposals for High Court judge appointments.
3. Appointment Process:
• Government obligated to appoint judges as recommended by the collegiums.

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 • In SC appointments, consultation with CJI mandatory; for HC appointments, consultation with
CJI and Governor.
4. Final Appointment:
• President appoints judges based on collegium recommendations.
• CJI's consultation necessary for SC judge appointments; CJI and Governor's consultation
needed for HC judge appointments.

All India Judicial Services (AIJS):

1. Introduction:
• Proposal for AIJS aims to centralize recruitment of judges at additional district judges and
district judges level across all states.
2. Historical Background:
• First proposed by the 14th Report of the Law Commission of India in 1958.
• Provision included in Article 312 of the Constitution through the 42nd Amendment in 1976.
3. Constitutionality and Implementation:
• Despite constitutional provision, AIJS requires a separate bill to define its structure and
functioning.
• President's recent call for AIJS rekindles the discussion on its implementation.
4. Current Recruitment Process:
• Articles 233 and 234 of the Constitution assign appointment of district judges and lower
judiciary to the states.
• Lower judiciary judges, including district judges, selected through Provincial Civil Services
(Judicial) exams conducted by State Public Service Commissions and High Courts.
5. Challenges and Considerations:
• AIJS implementation may face challenges related to federalism, state autonomy, and
harmonization with existing recruitment processes.
• Debate continues on the need for AIJS to address issues of uniformity, efficiency, and quality in
judicial appointments.

Legal Services Authorities Act, 1987:

1. Overview:
• Provides statutory framework for legal aid in India.
• Establishes National Legal Services Authority (NALSA), State Legal Services Authorities
(SALSAs), and District Legal Services Authorities (DLSAs) at national, state, and district levels.
2. Lok Adalat:
• Alternative dispute resolution mechanism under the act.
• Resolves disputes pending in courts or pre-litigation stage amicably.
3. Supreme Court Legal Services Committee (SCLSC):
• Constituted under section 3A of LSA Act, 1987.
• Provides free legal services to the underprivileged.
• Patron-in-Chief: Chief Justice of India.
National Legal Services Authority (NALSA):
• Composition: Chief Justice of India as Patron-in-Chief, with a serving or retired Supreme Court Judge
as the executive chairman.
• Functions: Provides free legal services and organizes Lok Adalats.
• Eligible Litigants: Includes women, children, scheduled castes or tribes, industrial workers, persons
with disabilities, and those with annual income below prescribed limits.
Constitutional Provisions:
• Article 39A: State mandated to provide free legal aid.
• Article 22(1): Right to legal representation for individuals detained or imprisoned.

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Mediation Act, 2023:

1. Purpose: Promotes mediation as a preferred mode of Alternative Dispute Resolution (ADR) in India.
2. Key Highlights:
• Defines mediation and specifies disputes not fit for mediation.
• Sets a timeline for conducting mediation, completed within 120 days (extendable by another 60
days with parties' consent).
• Establishment of Mediation Council of India (MCI).

Lok Adalats:

1. Establishment: Under Legal Services Authorities Act, 1987, constituting various tiers from national to
taluk levels.
2. Jurisdiction: Handles disputes pending in court or at pre-litigation stage.
3. Powers: Empowered with powers similar to a Civil Court, and decisions are final and binding on all
parties.

Prisons:

1. Parole: Conditional release of a prisoner with sentence suspension for a specific period.
2. Furlough: Granted in cases of long-term imprisonment, treated as remission of sentence.
3. Bail: means procurement of release from prison of a person awaiting trial or an appeal
Prisons Act, 1894:
1. Overview: Governs the management and administration of prisons in India, based on
recommendations by Lord Macaulay's Prison Discipline Committee.
2. Definition: Includes any jail or place used for detention of prisoners, excluding police custody and
subsidiary jails.
Constitutional and Legal Safeguards:
• 7th Schedule: 'Prisons' and 'persons detained therein' are State-List subjects, under Entry 4 of List II.
• Articles 39-A: Guarantee the constitutional rights of the accused to be provided with free legal aid
services.

Article 142:

• Power of Supreme Court: Allows the Supreme Court to grant divorce directly when marriage has
irretrievably broken down, bypassing the period prescribed under the Hindu Marriage Act, 1955.
• Scope: Empowers the court to deliver "complete justice" between parties, even when existing laws
may not provide a remedy.

Narco Analysis Test:

• Procedure: Involves administering sodium pentothal ('truth serum') to lower a person’s self-
consciousness, enabling them to speak without inhibition.
• Legal Ruling: Supreme Court ruled in Selvi & Ors vs State of Karnataka & Anr (2010) that narco analysis,
brain mapping, and polygraph tests cannot be conducted without the individual's consent, citing
violations of Article 20(3) and Article 21.

Advocate-on-Record (AoR) System:

• Definition: Lawyers registered and authorized by the Supreme Court to represent clients.
• Regulation: Governed by Supreme Court Rules, 2013, with eligibility criteria outlined.

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• Functionality: Only AoRs can file matters or documents before the Supreme Court, ensuring
representation.

Fast Track Special Courts (FTSCs) Scheme:

• Continuation: Union Cabinet approved extension of FTSCs Scheme until March 31, 2026.
• Objective: Dedicated courts established for expedited hearing of rape and Protection of Children from
Sexual Offences Act (POCSO Act) cases.
• Funding: Central Share funded from Nirbhaya Fund, aimed at enhancing safety and security for
women.

Nyaya Vikas Portal:

• Purpose: Created by Ministry of Law and Justice for monitoring the implementation of Centrally
Sponsored Schemes (CSS) for developing judiciary infrastructure.

FASTER (Fast and Secure Transmission of Electronic Records):

• Introduction: Software by Supreme Court facilitating swift and secure transmission of court orders
electronically.

SUVAS (Supreme Court Vidhik Anuvaad Software):

• Function: Translates English judgments into regional languages, enhancing accessibility and
understanding.

Chief Election Commissioner and Other Election Commissioners Act, 2023 Key Provisions:

• Appointment Process: The Chief Election Commissioner (CEC) and other Election Commissioners
(ECs) are appointed by the President on the recommendation of a Selection Committee.
• Composition of Selection Committee: Consists of the Prime Minister as Chairperson, the Leader of
Opposition/leader of the largest opposition party in the Lok Sabha, and a Union Cabinet Minister
nominated by the Prime Minister.
• Eligibility Criteria: Candidates must have held a post equivalent to the rank of Secretary to the
Government of India and possess integrity, knowledge, and experience in election management.
• Salary: Equivalent to the salary of a Judge of the Supreme Court.
• Term of Office: CEC and other ECs hold office for six years or until they turn sixty-five, whichever is
earlier. No re-appointment is allowed. If an EC is appointed as CEC, their term cannot exceed six years
in total.
• Conduct of Business: All Election Commission business is conducted unanimously. In case of a
difference of opinion, decisions are made through a majority vote.
• Removal and Resignation: CEC can only be removed similar to a Supreme Court judge. An EC can be
removed upon the CEC's recommendation. Both CEC and ECs can resign at any time by writing to the
President.
Constitutional and Legal Safeguards:
• Article 324: Establishes the Election Commission of India as an autonomous constitutional authority,
administering Union and State elections, as well as the offices of the President and Vice President.
• Appointment Authority: Article 324(2) empowers the President to appoint the CEC and ECs, also
allowing the President to determine the number of Election Commissioners other than the CEC.

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Simultaneous Elections

• Objective: To synchronize elections to Lok Sabha, State Assemblies, Municipalities, and Panchayats
so that voters in a particular constituency vote on the same day.
• Implementation: Doesn't necessarily mean all elections happen on a single day nationwide but aims
for alignment.
• Historical Context: Simultaneous elections were common until 1967. Subsequently, elections to
State Assemblies and Parliament have been held separately.
• Previous Recommendations: Proposed by the Election Commission in 1983 and endorsed by the
Dinesh Goswami Committee.

Criminalization of Politics

• State-wise Statistics: Kerala has the highest number of MPs with criminal cases, followed by Bihar
and Maharashtra.
Legal Safeguards Regarding Convicted Candidates:
• Representation of People Act, 1951: Section 8(3) disqualifies any lawmaker sentenced to at least two
years in jail for six years after release.
• Appeal Provision: Section 8(4) allowed convicted MPs, MLAs, and MLCs to continue in office if they
appealed against their conviction/sentence within three months. However, in the Lily Thomas Vs Union
of India case (2013), SC ruled this provision unconstitutional.

Electoral Bonds

• Nature: Interest-free bearer bonds or money instruments purchasable by companies and individuals in
India from authorized branches of the State Bank of India (SBI).
• Introduction: Announced in Union Budget 2017-2018.
• Denominations: Available in multiples of Rs 1,000, Rs 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore.
• Purchase and Usage: Acquired through a KYC-compliant account for making donations to political
parties. No limit on the number of bonds a person or company can purchase. Transactions are carried
out via cheques or digitally.
• Confidentiality: Donors' identities remain confidential to reduce the risk of retaliation or intimidation
for their political affiliations.

National Party Status

• Recognition Criteria: As per the Election Symbols (Reservation and Allotment) Order, 1968, parties
must meet specific criteria to be recognized as national or state parties.
• Recognized National Parties: Bharatiya Janata Party (BJP), Indian National Congress, Bahujan Samaj
Party (BSP), Communist Party of India (Marxist), National People’s Party (NPP), and Aam Aadmi Party
(AAP).
• Criteria for Status:
• Secure at least 6% of votes polled in four or more states in LS or assembly elections and have at
least four members in LS.
• Have at least 2% of total Lok Sabha seats and candidates from not less than three states.
• Recognized as a state party in at least four states.
Benefits of National Party Status
• Exclusive allotment of reserved symbol to candidates throughout India.
• Simplified nomination process with fewer proposers required.
• Enhanced campaigning privileges, including a higher number of star campaigners.
About Star Campaigners
• Designated by political parties to campaign in specific constituencies for a specified duration.
• No legal restrictions on who can be appointed as a star campaigner.

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• Recognized parties can have up to 40 star campaigners, while unrecognised but registered parties are
limited to 20.
• Travel expenses of star campaigners for party programs are not counted towards the candidate's poll
expenditure.

Poll Expenditure

• Regulation: As per Section 77(1) of the Representation of the People Act (RPA), 1951, candidates must
maintain records of expenses from their nomination date until the result declaration.
• Corrupt Practice: Exceeding the maximum election expense limit is considered a corrupt practice
under Section 123(6) of the RPA, 1951.

Enabling Communications on Real-time Environment (ENCORE)

• Purpose: Developed in-house by the Election Commission, ENCORE facilitates comprehensive

candidate and election management.
• Functionality: It serves as an end-to-end application for returning officers, enabling the digitization of
polled votes, tabulation of round-wise data, and generation of various statutory reports during
counting.

Nari Shakti Vandana (Constitution 106th Amendment) Act, 2023

• Objective: Recently passed by Parliament, this Act mandates one-third reservation for women in the
Lok Sabha, State Assemblies, and the assembly of the National Capital Territory (NCT) of Delhi.
• Key Provisions:
• Amendments to Articles:
• Article 239AA: Reserves one-third of seats for women in the Delhi Legislative Assembly.
• Insertion of Articles:
• Article 330A and Article 332A: Reserves one-third of seats for women in the Lok Sabha
and State legislative assemblies, respectively.
• Reservation Extension: Also includes one-third reservation for women under seats reserved for
Scheduled Castes (SCs) and Scheduled Tribes (STs) under Article 330 and Article 332.
• Implementation: The Act's provisions will come into effect after delimitation following the first
census post-commencement.
• Sunset Clause: Reservation of seats for women will cease after 15 years, but Parliament can
extend it through legislation.
• Previous Attempt: In 1996, the 81st Amendment Bill aimed to reserve one-third of Lok Sabha and State
assembly seats for women.

Multi-State Co-operative Societies (Amendment) Act, 2023

Key Features:
• Establishment of Co-operative Election Authority: Introduces a body responsible for conducting
elections in co-operative societies.
• Amalgamation and Division of Co-operative Societies: Permits co-operative societies (registered
under state laws) to merge with existing Multi-State Co-operative Societies (MSCS).
• Co-operative Rehabilitation, Reconstruction, and Development Fund: A fund aimed at revitalizing
struggling multi-state co-operative societies.
• Restriction on Redemption of Government Shareholding: Shares held by central and state
governments cannot be redeemed without shareholder approval.
• Redressal of Complaints: Central government to appoint Co-operative Ombudsman(s) with territorial
jurisdiction.

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• Composition of Board of Directors: Maximum of 21 directors allowed, including one Scheduled Caste
or Scheduled Tribe member and two women members.

About Co-operative Societies:

• State Subject: Cooperatives fall under the state list of the 7th Schedule.
• Distribution: Maharashtra has the highest number at 663, followed by Uttar Pradesh with 168.

Constitutional and Legal Provisions:

• 7th Schedule: Cooperatives fall under the state list.
• Article 19(1)(c): States endeavor to promote voluntary formation, autonomous functioning, democratic
control, and professional management of co-operative societies.
• Article 43B (DPSP): Aims to make the right to form cooperative societies a fundamental right.
• Part IX-B: Deals with incorporation, terms of members of the board, office bearers, and effective
management of cooperative societies.
• Multi State Cooperative Societies Act 2002: Provides for the registration of societies operating in
more than one state.
Other Developments:
• Approval of National-Level MSCS: The Cabinet has approved the establishment of three national-
level MSCS under the MSCS Act, 2002, including the National Multi-State Cooperative Export Society,
National Multi-State Cooperative Organic Society, and National Multi-State Cooperative Seed Society.

Cinematograph (Amendment) Act, 2023

The Cinematograph (Amendment) Act, 2023, modifies the existing Cinematograph Act of 1952.
Key Provisions:
• Age-Based Certification:
• Introduces three age-based certifications within the 'UA' category: 'UA 7+', 'UA 13+', and 'UA
16+'.
• These certifications are only recommendatory.
• Separate Certification for Television/Other Media:
• The Act mandates separate certification for films intended for television or other media
platforms.
• Certificate Validity:
• Certificates issued will be perpetually valid, replacing the current validity of 10 years.
Central Board of Film Certification (CBFC):
• Statutory Body:
• Regulates the public exhibition of films as per the Cinematograph Act of 1952.
• Ministry:
• Under the Ministry of Information and Broadcasting.
• Vision:
• Aims to ensure good and healthy entertainment in accordance with the provisions of the
Cinematograph Act of 1952 and Cinematograph (Certification) Rules of 1983.
• Composition:
• Consists of non-official members and a chairman, all appointed by the Central Government.

Digital Personal Data Protection Act, 2023

Background:
• In 2018, the Supreme Court recognized privacy as a fundamental right in the K.S. Puttaswamy vs. Union
of India case.
• Following this, the Justice Srikrishna Committee proposed the initial draft of the Personal Data
Protection (PDP) Bill in 2018.
Key Provisions of the Act:

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• Applicability:
• Governs the processing of digital personal data within India, whether in digital form or digitized
subsequently.
• Applies to processing personal data outside India if it involves offering goods or services in
India.
• Exemptions include personal data processed for any personal purpose.
• Consent:
• Personal data can only be processed for lawful purposes with the consent of the Data Principal,
who can withdraw consent at any time.
• Consent is not required for legitimate uses such as government services or medical
emergencies.
• Data Protection Board of India (DPBI):
• Establishes the DPBI by the Central government to oversee data protection.
• Appeals against DPBI decisions can be made to the Telecom Disputes Settlement and
Appellate Tribunal (TDSAT).
• Rights and Duties of Data Principal:
• Data Principals have the right to nominate someone to exercise their rights in case of death or
incapacity.
• Must not register false or frivolous complaints or furnish false particulars, punishable with a
penalty of up to Rs 10,000.
• Cross-Border Transfer:
• Allows the transfer of personal data outside India, except to countries restricted by the
government.

Digital Services Act

• Enacted by the European Union (EU).

• The DSA is a groundbreaking regulatory framework globally, setting standards for regulating online
intermediaries.

Bharatiya Nyaya Sanhita 2023

• Replaces the Indian Penal Code (IPC), 1860.

Key Provisions:
• Eliminates the offence of sedition.
• Criminalizes sexual intercourse with a woman through deceitful means or false promises.
• Raises the threshold for defining a gang rape victim as a minor from 16 to 18 years of age.
• Defines organized crime.

Bharatiya Nagarik Suraksha Sanhita 2023

• Replaces the Criminal Procedure Code, 1973 (CrPC), governing arrest, prosecution, and bail
procedures under various Acts.
Key Provisions:
• Provides for the release of first-time offenders who have served one-third of their maximum
imprisonment period on bond.
• Allows release on bail for accused who have served half of the maximum imprisonment period, except
for certain serious offences.
• Exempts those accused of offences punishable by death or life imprisonment, or facing charges in
multiple offences.
• Empowers any police officer to request medical examination of the accused, including in rape cases.
• Mandates forensic investigation for offences punishable by at least seven years of imprisonment.
• Authorizes a Magistrate to order individuals to provide specimen signatures, handwriting, finger
impressions, and voice samples.
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Bharatiya Sakshya Adhiniyam 2023

• Replaces the Indian Evidence Act, 1872 (IEA), governing the admissibility of evidence in Indian Courts
for civil and criminal proceedings.
Key Provisions:
• Allows the admissibility of electronic or digital records as evidence.
• Permits oral evidence to be given electronically.
• Enables joint trials, referring to the trial of multiple persons for the same offence.

Registration of Birth and Death (Amendment) Act, 2023

The Registration of Birth and Death (Amendment) Act, 2023, introduces changes to the existing legislation
regarding the registration of births and deaths.
Key Provisions:
• Appointment of Registrar General of India:
• The Central government appoints a Registrar General of India.
• Appointment of Registrars:
• Chief Registrar, District Registrar, and Registrar are to be appointed in every state by the
respective state government for implementing the Act at the state, district, and local area
levels, respectively.
• Responsibility for Reporting:
• It is the duty of the head of the house for births or deaths occurring in a house, and the medical
officer in charge for births or deaths in a hospital, to report them.
• Birth Certificate without Name:
• Birth certificates can be obtained without the name of the child.
• Concurrent List:
• Registration of births and deaths falls under the Concurrent List, allowing both the Central and
State governments to legislate on the matter.
• National Database:
• The Registrar General of India will maintain a national database of registered births and deaths.
• Electronic Certificates:
• Provision for digital registration and electronic delivery of birth and death certificates.

Press and Registration of Periodicals Act, 2023

Background:
• Historical Context:
• The Press and Registration of Books Act dates back to 1867.
• Licensing Regulations:
• In 1823, under John Adams, draconian provisions were introduced, restricting the operation of
presses without registration. This led to the cessation of publications like Rammohan Roy’s
Mirat-ul-Akbar.
• Press Act of 1835:
• Introduced by Metcalfe, this Act was perceived as a liberating step for the Indian press,
fostering rapid growth of the vernacular press between 1835 and 1857.
Key Provisions of PRP Act, 2023:
• Registration of Periodicals:
• The Act governs the registration of periodicals, excluding books or scientific and academic
journals.
• Foreign Periodicals:
• Facsimiles of foreign periodicals may be printed in India only with prior approval from the
central government.
• Cancellation of Registration:

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 • The Press Registrar General is empowered to suspend or cancel the Certificate of Registration.
• Individuals convicted of terrorist acts or unlawful activities against the security of the State are
prohibited from publishing periodicals.

Telecommunications Act, 2023

The Telecommunications Act, 2023, replaces several older acts related to telecommunications in India
and introduces new provisions to address contemporary challenges in the sector.
Key Provisions:
• Spectrum Assignment:
• Spectrum allocation will be conducted through auctions or on an administrative basis for
specified uses.
• Protection of Users:
• The central government may implement measures to safeguard users, such as requiring prior
consent to receive specific messages, establishing Do Not Disturb registers, and allowing users
to report malware or specified messages.
• Powers of Interception and Search:
• Messages can be intercepted, monitored, or blocked for reasons including the security of the
state, public order, and prevention of incitement of offenses.
• Regulation of OTTs:
• Over-The-Top (OTT) platforms will not be regulated under the Telecommunications Act, 2023.
• Other Provisions:
• Renaming of the Universal Service Obligation fund as Digital Bharat Nidhi, allowing its use for
research and development in the telecom sector.
• Implementation of the Trusted Sources Regime to prevent imports of telecom equipment from
hostile nations.

Internet Shutdowns

• Current Regulations:
• Internet shutdowns are governed by the Temporary Suspension of Telecom Services (Public
Emergency & Public Safety) Rules, 2017, under the Indian Telegraph Act, 1885.
• Senior bureaucrats from the home ministry and both central and state levels are empowered to
order shutdowns.

Commissions of Inquiry Act, 1952

The Commissions of Inquiry Act, 1952, provides the legal framework for conducting inquiries into specific
matters of public importance.
Key Points:
• Establishment of Commissions:
• The central and state governments are authorized to appoint inquiry commissions to
investigate matters of public importance.
• Jurisdiction:
• The central government can appoint a commission to inquire into matters related to List I and III
of Schedule VII.
• State governments can appoint commissions for matters listed in List II or III of Schedule VII.
• Powers:
• Commissions of inquiry have the powers of a civil court.

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Foreign Contribution Regulation Act (FCRA)

• Enactment: FCRA was enacted during the Emergency in 1976 to regulate foreign donations to
individuals and associations to ensure they functioned in a manner consistent with the values of a
sovereign democratic republic.
• Ministry of Home Affairs

Enemy Properties

• Definition: Enemy property refers to assets held or managed on behalf of an enemy, enemy subject, or
enemy company.
• Criteria: An "enemy" or "enemy subject" or "enemy firm" is defined as a person or country classified as
an enemy under the Defence of India Act (DoI), 1962.
• Administration: The Enemy Property Act was enacted in 1968 to administer these properties,
empowering the Custodian of Enemy Properties in India (CEPI), under the Ministry of Home Affairs, to
manage and preserve them.

Lokpal

• Origins: Coined by L. M. Singhvi in 1966, the term "Lokpal-Lokayukta" was first used in a report of the
Administrative Reforms Commission.
• Purpose: Lokpal is a national anti-corruption ombudsman tasked with investigating complaints against
public servants, as defined under the Lokpal and Lokayuktas Act, 2013.

Lokpal and Lokayuktas Act, 2013

• Composition: Lokpal consists of a chairperson and a maximum of eight members, with 50% judicial
members and 50% from SC/ST/OBCs, minorities, and women.
• Tenure: The chairperson and members serve a term of five years or until the age of 70, whichever is
earlier.
• Selection Committee (SC): The President appoints the chairperson and Lokpal members based on the
recommendations of a SC comprising the Prime Minister (Chairperson), LS Speaker, Leader of
Opposition, CJI (or nominee), and an eminent jurist nominated by the President.
• Confiscation of Property: The Act allows for the confiscation of property acquired by corrupt means,
even during pending prosecutions.
• Removal: Lokpal members and the chairperson can be removed by the President after an inquiry by
the SC, initiated upon a petition signed by at least 100 Members of Parliament (MP).
• Jurisdiction: The Lokpal's jurisdiction extends to Prime Minister, Ministers, MPs, Group A, B, C, and D
officers and officials of the central government, as well as any society, trust, or body receiving foreign
contributions above ₹10 lakh.

DELIMITATION COMMISSION

• Article 82: Parliament enacts a Delimitation Act, which is responsible for the readjustment of the
constituencies (number and boundaries) of Lok Sabha and State Assemblies after every Census.
• Responsibilities: The decisions of the Delimitation Commission are considered final and
unchallengeable in any court. Copies of its orders are laid before the House of the People and the
concerned State Legislative Assembly, but no modifications are permissible by them.
• Composition: The Commission is chaired by a Supreme Court judge (current or retired), with the Chief
Election Commissioner of India or a nominated Election Commissioner, and the respective State's
Election Commissioner.
Delimitations in India
• Occurrences: The Delimitation Commission has been established four times since independence, in
1952, 1963, 1973, and 2002.
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• Extension: The freeze on delimitation was further extended for 25 years till 2026 by the 84th
Constitutional Amendment in 2002.

DIRECTORATE OF ENFORCEMENT

Powers of the Directorate of Enforcement

• Asset Seizure: The Directorate has the power to seize assets.
• Summoning Power: It can summon individuals, holding the same power as a civil court.
• Record Admissibility: In 2022, the Supreme Court ruled that statements recorded by ED officials can
be admitted as evidence in court.
Enforcement Directorate (ED)
• Establishment: Founded in 1952 under the Department of Revenue, Ministry of Finance.
• Composition: Headed by the ED Director, appointed as per provisions of Section 25 of the CVC Act
2003.
• Tenure: The Director serves a two-year tenure but can be given three annual extensions.
• Functions: The ED is responsible for the enforcement of various laws including the Foreign Exchange
Management Act, 1999 (FEMA), Prevention of Money Laundering Act (PMLA), 2002, Fugitive Economic
Offenders Act (FEOA) 2018, and Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 (COFEPOSA).

CENTRAL BUREAU OF INVESTIGATION (CBI)

Why in the News?

• Tamil Nadu withdraws general consent accorded to CBI to probe cases in the state.
Superintendence of CBI:
• CBI investigates offences under the Prevention of Corruption Act, 1988 under the supervision of the
Central Vigilance Commission (CVC).
• Special Crimes: It handles investigation of serious and organized crimes under the Indian Penal Code
(IPC) upon requests from State Governments or orders from the Supreme Court and High Courts.
• Suo Motu: CBI can initiate investigations of offences only in Union Territories (UTs).
General Consent:
• Required under Section 6 of the Delhi Special Police Establishment Act, 1946.
• Consent can be either general or case-specific, with general consent being the default.
• Multiple states, including West Bengal, Mizoram, and Punjab, have recently withdrawn General
Consent.
• Exceptions include cases where the Supreme Court or High Courts order CBI investigations anywhere
in the country without the state's consent, or in cases of someone caught red-handed taking a bribe.
Central Bureau of Investigation (CBI)
• Establishment: Founded in 1963 under the Ministry of Personnel, Pension & Public Grievances.
• Governed by: Delhi Special Police Establishment (DSPE) Act, 1946.
• Recommended by: Santhanam Committee on Prevention of Corruption (1962-64).
• Composition: Headed by the Director of CBI, appointed by a 3-member committee consisting of the
Prime Minister, leader of the opposition party in Lok Sabha, and the Chief Justice of India.
• Tenure: The Director serves a two-year tenure but can be given three annual extensions.

NATIONAL CADET CORPS (NCC)

• Establishment: Formed in 1948 under 'The National Cadet Corps Act 1948'.
• Recommendation: Pandit H.N. Kunzru committee suggested the establishment of a cadet
organization at a national level in schools and colleges.
• Nature: Tri-Services Organization comprising the Army, Navy, and Air Wing.
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• Headquarters: New Delhi.

NCC vs National Service Scheme (NSS)

NCC (National Cadet Corps):

• Ministry: Ministry of Defence.
• Year of Establishment: 1948.
• Aim: Fosters disciplined, selfless youth leadership for national service and military careers.
• Established through: National Cadet Corps Act XXXI of 1948.
• Uniform: Compulsory uniform for NCC cadets.
• Eligibility: Junior Division/Wing for students from schools (aged 13 or more) and Senior Division/Wing
for students from colleges and XI and XII classes.

NSS (National Service Scheme):

• Ministry: Ministry of Youth Affairs & Sports.

• Year of Establishment: 1969.
• Aim: Development of students' personality through community service.
• Established through: A Central Sector Scheme.
• Uniform: No prescribed uniform for NSS volunteers.
• Eligibility: Open to 11th & 12th Class students, students of Technical Institutions, and
graduate/postgraduate students at colleges and universities in India.

COMPETITION COMMISSION OF INDIA (CCI)

• Appointment: Ravneet Kaur becomes the first woman Chairperson of CCI.

• Statutory Body: Established in 2003 under the Competition Act, 2002.
• Ministry: An affiliated office with the Ministry of Corporate Affairs.

GLOBAL ALLIANCE OF NATIONAL HUMAN RIGHTS INSTITUTIONS (GANHRI)

• International Coordinating Committee: Coordinates national institutions for the promotion and
protection of human rights.
• Headquarters: Located in Geneva, Switzerland.

APPOINTMENTS COMMITTEE OF THE CABINET (ACC)

• Responsibilities:
• Decides higher-level appointments in the Central Secretariat, Public Enterprises, Banks, and
Financial Institutions.
• Chaired by the Prime Minister.
• Minister of Home Affairs is also a member.

PRESS INFORMATION BUREAU (PIB)

• Nature: Non-statutory body.

• About: Nodal agency of the Government of India responsible for disseminating information to the print
and electronic media about government policies and programs.
• Genesis: Initially set up as a temporary cell in 1919, it became permanent in 1923 as the Bureau of
Public Information and acquired its present name in 1946.
• Composition: Headed by the Principal Director General (Media & Communication) with assistance
from a Director General and 8 Additional Director Generals.

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NATIONAL INVESTIGATION AGENCY (NIA)

• Establishment: Formed under the NIA Act 2008, following the 26/11 attacks.
• Role: Federal counter-terror agency empowered to take suo-motu cognizance of terrorist activities
across India.
• Amendments (2019):
• Empowered NIA to investigate scheduled offenses committed outside India, subject to
international treaties and domestic laws of other countries.
• Empowered the Centre to designate sessions court as a special court for NIA trials.

MISSION KARMAYOGI

• Launched by the Ministry of Personnel, Public Grievances & Pensions.

• Aims to build a future-ready civil service with the right attitude, skills (technology-enabled), and
knowledge aligned with the vision of New India.

GOOD GOVERNANCE DAY

• Celebrated on 25th December since 2014 in honor of former Prime Minister Shri Atal Bihari Vajpayee.
• Aims to promote citizen-centric, efficient, and transparent governance, and improve service delivery.

RIGHT TO INFORMATION (RTI)

• Nodal Agency: Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public
Grievances, and Pensions.
• Key Provisions of RTI Act, 2005:
• Defines public authority.
• Describes the process for requesting information.
• Fixes time limits for providing information by Public Information Officers (PIOs).
• Specifies exemptions from disclosure of information.
• Exemptions under RTI Act 2005:
• Intelligence and security organizations specified in the Second Schedule.
• Information prejudicial to sovereignty, integrity, security, etc.
• Information endangering life or physical safety.
• Information received in confidence from a foreign government, etc.
• Central Information Commission (CIC):
• Nature: Statutory body established in 2005 under the RTI Act, 2005.
• Appointment: By the President of India based on the recommendation of a committee
consisting of the Prime Minister, Leader of Opposition in Lok Sabha, and a Union Cabinet
Minister nominated by the Prime Minister.
• Tenure: 3 years or until the age of 65.
• Composition: Chief Information Commissioner (CIC) and Information Commissioners (ICs).
• Functions: Receives and inquires into complaints regarding information requested under the
RTI Act, 2005.

Key Features of Aadhar

• Uniqueness: A 12-digit unique number assigned to individuals.

• Random Number: Does not capture details like caste, religion, income, health, geography, etc.
• Targeted Delivery: Mandatory for receiving subsidies or benefits under section 7 and filing income tax
returns.
• Proof of Address and Identity: Aadhaar can be used as proof of address and identity.
• Not Proof of Citizenship: Aadhaar is not proof of citizenship.
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Unique Identification Authority of India (UIDAI)
• Nature: Statutory body established under the Aadhaar Act, 2016, under the Ministry of Electronics and
Information Technology (MeitY).
• Function: Issues Unique Identification numbers (UID).

Measures Taken for Consumer Protection in India

• Consumer Protection Act (CPA) 2019: Establishes the Central Consumer Protection Authority (CCPA).
• Consumer Protection (Jurisdiction of District Commission, State Commission and National
Commission) Rules, 2021: Provides for a 3-tier quasi-judicial machinery at National, State, and
District levels for simple, speedy, and inexpensive redressal of consumer disputes.
• Integrated Grievance Redress Mechanism (INGRAM) portal: Developed under the Department of
Consumer Affairs to create awareness, advise, and redress consumer grievances.

SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST

RIGHTS) ACT, 2006

• Purpose: Recognizes the rights of forest-dwelling tribal communities (FDST) and other traditional forest
dwellers (OTFD) to forest resources.
• Types of Rights: Includes Individual Forest Rights (IFR) and Community Forest Rights (CFR), including
community forest resource management rights.
• Nodal Agency: State Governments/UT Administrations.
• Role of Gram Sabha: Authority to initiate the process for determining the nature and extent of
individual or community forest rights.
• Land Titles: Recognized rights on land up to four hectares, heritable but not transferable or alienable.
• Applicability: FRA is applicable in National Parks, Wildlife Sanctuaries, and Tiger Reserves.
E-governed State
• Kerala: Became the first fully 'e-governed state' in India.
• KFON Project: Kerala Fibre Optic Network project providing internet access as a citizen's right.

Panchayat Development Index (PDI)

• Release: Recently released by the Union Ministry of Panchayati Raj.

• Purpose: Provides an index to measure the development progress and status of panchayats across
various parameters.

Article 311(2)(c)

• Recent Use: Jammu & Kashmir government terminated four government employees under Article 311
(2)(c), citing them as a “threat to the security of the state”.
• Provision: Allows the government to terminate employees without conducting an inquiry or providing
them with an opportunity to explain their position if the President or the Governor, as applicable, is
satisfied that in the interest of the security of the State, it is not expedient to hold such an inquiry.

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