PRAHAAR

MAINS WALLAH (STATIC + CURRENT)

Final Hit To CSE Mains 2024

INDIAN POLITY
AND CONSTITUTION

Features
Comprehensive and Concise Notes
Inter-linking of Current and Static Topics
Updated Data and Facts
Keywords for Quality Answers
Integrated with PYQs
PRAHAAR 2024: Indian Polity and Constitution

Table of Contents
Unit-I: Indian constitution—historical underpinnings, evolution, features, amendments, significant
provisions, and basic structure
1. HISTORICAL BACKGROUND....................................... 1 Cultural And Educational Rights (Article 29 -30)18
Remedies For Enforcement Of Rights (Article 32)
Evolution Of Indian Constitution: A Journey ......................................................................... 19
Through Key Acts And Reforms........................... 1 Writs................................................................. 19
Constituent Assembly Of India ........................... 2 Armed Forces And Fundamental Rights ............ 20
Critiques Of The Indian Constitution .................. 2 Martial Laws And Fundamental Rights.............. 20
2. CONSTITUTIONAL AMENDMENTS IN INDIA ......... 4 Right To Property .............................................. 20
Exceptions To Fundamental Rights ................... 21
Types Of Amendments ........................................ 4 Issues And Challenges Pertaining To Fundamental
Informal Amendments ........................................ 4 Rights ............................................................... 21
The Necessity Of Constitutional Amendments ..... 4 Issues In News .................................................. 22
Issues With Constitutional Amendments ............ 5 Conclusion ....................................................... 23
Criticism Of The Amendment Procedure ............. 5
Way Forward ...................................................... 5 5. DIRECTIVE PRINCIPLES OF STATE POLICY
106th Constitutional Amendment, 2023 ............. 6 (DPSPs) (PART IV, ARTICLE 36-51) ...................... 24
Basic Structure Of The Constitution ................... 6 Conflict Between DPSP And FR ......................... 24
3. SIGNIFICANT PROVISIONS IN THE INDIAN Uniform Civil Code: Quest For A Uniform Civil
CONSTITUTION .............................................................. 8 Code - A Path Towards A Unified Nation ............ 25
Right To Health ................................................. 26
Significant Provisions: An In- Depth Analysis ...... 8
Preamble ............................................................ 9 6. FUNDAMENTAL DUTIES (PART IV A, ARTICLE
Significance Of Preamble .................................... 9 51A) ................................................................................ 27
Amendability Of Preamble................................... 9 Rights And Duties ............................................. 27
4. FUNDAMENTAL RIGHTS (PART III, ARTICLE 12- 7. CITIZENSHIP (PART II, ARTICLE 5-11) ................ 29
35) ...................................................................................12
Citizenship Act 1955 ......................................... 29
Classification Of Fundamental Rights ............... 12
Distinctive Features Of Fundamental Rights ..... 12 8. SCHEDULED AND TRIBAL AREAS (PART X,
Article 12 .......................................................... 12 ARTICLE 244 -244 A) ................................................. 31
Article 13 .......................................................... 12 Fifth Schedule .................................................. 31
Right To Equality (Article 14 -18) ...................... 13 Key Features Of Scheduled Areas Administration
Right To Freedom (Artilce 19 – 22) ................... 15 ......................................................................... 31
Right Against Exploitation (Article 23 -24) ......... 17 Sixth Schedule .................................................. 32
Right To Freedom Of Religion (Article 25 – 28) ... 18

Unit-II: Issues and challenges pertaining to the federal structure

Ways And Means To Better Manage Centre-State
9. Exploring Issues And Challenges In India’s Relationship...................................................... 36
Federal Structure ........................................................34 NITI Aayog - A Tool To Promote Cooperative
Indian Federalism: A Unique Model .................. 34 Federalism ........................................................ 37
Features Of Indian Federalism .......................... 34 Inter- State River Water Dispute ....................... 37
Unitary Features Of Indian Constitution ........... 34 Demand For Smaller States .............................. 38
Challenges To Indian Federalism ...................... 35 Article 370 ........................................................ 39
Asymmetric Federalism In India........................ 35 Government Of National Capital Territory Of Delhi
Centre- State Relationship ................................ 36 (Amendment) Act 2023...................................... 40

Unit-III: Separation of powers between various organs

10. SEPARATION OF POWER AND FUNCTIONAL Functional Overlap Between Executive And
OVERLAPPING ..............................................................42 Legislature ........................................................ 42
Functional Overlap Between Judiciary And
Constitutional Provisions And The Separation Of Legislature ........................................................ 43
Powers .............................................................. 42 Functional Overlap Between Judiciary And
Different Models Of Separation Of Powers ......... 42 Executive .......................................................... 43
Doctrine Of Checks And Balances ..................... 45

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PRAHAAR 2024: Indian Polity and Constitution
Unit-IV: Parliament and state legislatures—structure, functioning, conduct of business, powers & privileges and
issues arising out of these
11. PARLIAMENT AND STATE LEGISLATURES - Suggested Parliamentary Reforms ..................... 47
STRUCTURE, FUNCTIONING, CONDUCT OF Parliamentary Privileges .................................... 48
Role Of Opposition ............................................ 49
BUSINESS, POWERS & PRIVILEGES, AND ISSUES
Low Participation Of Women In Politics ............. 49
ARISING OUT OF THESE ............................................46 Anti-Defection Law ............................................ 51
Features Of Parliamentary Form Of Government 46 Role Of The Presiding Officer ............................. 52
Functions Of The Parliament ............................ 46 Parliamentary Scrutiny ..................................... 54
Issues Faced By Indian Legislature ................... 46
Productivity In The Parliament .......................... 47

Unit-V: Structure, organization and functioning of the judiciary

12. JUDICIAL SYSTEM IN INDIA......................................56 Fast Track Courts ............................................. 66
Regional Bench Of Supreme Court .................... 67
Comparison Of Indian And Other Judicial Systems Nalsa ................................................................ 68
........................................................................ 56 Judicial Infrastructure In India ......................... 69
Various Significant Roles That Judiciary Plays .. 57
Important Judicial Concepts ............................. 58 13. DISPUTE REDRESSAL MECHANISM ....................... 71
Judicial Pendency ............................................. 59 Alternative Dispute Resolution (ADR) ................ 71
Judicial Appointments ...................................... 60 Lok Adalat ........................................................ 72
Removal Of Judges ........................................... 61 Gram Nyayalayas .............................................. 72
Judicial Accountability ..................................... 61 Tribunals (Part XIV- A; Article 323A, 323B) ....... 73
Judicial Activism And Judicial Overreach ......... 62 Tribunal Reforms Act 2021 ............................... 74
Contempt Of Court ........................................... 64 Online Dispute Resolution ................................ 75
Women In Judiciary.......................................... 65

Unit-VI: Devolution of powers and finances up to local levels and challenges therein

14. LOCAL SELF GOVERNMENT (PART IX, PART IX-A) Government Efforts For Empowering PRI .......... 78
..........................................................................................77 Steps To Be Taken ............................................ 78
Role Of Women In Panchayati Raj Institution .... 78
The Panchayats ................................................ 77 The Municipalities ............................................ 79
Issues And Challenges Faced By Panchayati Raj
Government ...................................................... 77

Unit-VII: Appointment to various constitutional posts, powers, functions and responsibilities of various
constitutional bodies, statutory, regulatory, and various quasi-judicial bodies
15. COMPTROLLER AND AUDITOR GENERAL OF Political Parties And The Election Commission Of
INDIA...............................................................................82 India ................................................................. 90
Simultaneous Elections - One Nation, One
Duties And Power Of CAG ................................. 82 Election ............................................................ 91
16. NCSC, NCST AND NCBC ...............................................84 EVM And Associated Issues .............................. 92
NOTA ................................................................ 94
Composition ..................................................... 84 Model Code Of Conduct (MCC) .......................... 95
Election Funding .............................................. 96
17. UPSC AND SPSC ............................................................86 Criminalization Of Politics ................................. 98
Constitutional Provisions .................................. 86 Politics Of Freebie ........................................... 101
UPSC Viz-A- Viz SPSC ...................................... 86 AI And Elections ............................................. 102
Independence Of Commission ........................... 86
Functions And Limitations ................................ 86 19. DELIMITATION COMMISSION .............................. 104
Background .................................................... 104
18. ELECTION COMMISSION OF INDIA.........................88 Constitutional Provisions ................................ 104
Introduction ..................................................... 88 Delimitation Commission ................................ 104
Powers And Functions ...................................... 88 Functions Of The Delimitation Commission .... 104
Independence ................................................... 89 Criticism Of The Delimitation Commission ...... 105
Concerns With Election Commissioners ............ 89
Way Forward .................................................... 90 20. ATTORNEY GENERAL OF INDIA........................... 106
Introduction.................................................... 106

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PRAHAAR 2024: Indian Polity and Constitution
About AGI........................................................106 Introduction.................................................... 109
Conclusion ..................................................... 109
21. NATIONAL AND STATE HUMAN RIGHTS
COMMISSION ............................................................. 107 23. CENTRAL VIGILANCE COMMISSION (CVC) ....... 110
Introduction ....................................................107 Independence Of CVC ..................................... 110
Way Forward ...................................................108 Way Forward .................................................. 110
Conclusion ......................................................108 Conclusion ..................................................... 110
22. CENTRAL AND STATE INFORMATION
COMMISSION ............................................................. 109

Unit-VIII: Structure, organization and functioning of the executive-ministries and departments

of the government;
24. UNION EXECUTIVE & STATE EXECUTIVE.......... 111 Issues Related To Governor ............................. 121
Recommendations Of Sarkaria Commission .... 121
Introduction ....................................................111
The President Of India .....................................111 25. PRIME MINISTER & CHIEF MINISTER ................ 123
Criticism Of The Office Of The President ..........112 Constitutional Provisions ................................ 123
The Vice President Of India ..............................112 Powers & Functions Of PM & CM .................... 123
Constitutional Provisions .................................112
Powers & Functions Of Vice- President ............113 26. COUNCIL OF MINISTER........................................... 125
Elections Of President & Vice-President ...........113 Constitutional Provisions ................................ 125
Term, Qualification & Removal Of The President Responsibility Of Ministers ............................. 126
And The Vice President ....................................114
The Governor Of State .....................................114 27. CABINET SYSTEM IN INDIA................................... 127
Term Of Governor (Article 156) ........................114 Role Of Cabinet ............................................... 127
Qualification (Article 157)] ...............................114 Cabinet Committees ........................................ 127
Nominated V/S Elected Governor ....................114
Powers Of President & Governor ......................115 28. MINISTRIES OF GOVERNMENT ............................ 129
Privileges And Immunities Enjoyed By President & Constitutional Provisions ................................ 129
Governor (Article 361) ......................................117 Hierarchy Of Ministers In India ....................... 129
Comparison Of Veto Power Of President & Parliamentary Secretaries ............................... 129
Governor .........................................................117 Conclusion ..................................................... 129
Ordinance Making Power Of The President &
Governor .........................................................117 29. PARLIAMENTARY COMMITTEES ........................ 130
Pardoning Power Of The President & Governor .119 Introduction.................................................... 130
Discretionary Powers Of The President & Governor
.......................................................................120

Unit-IX: Salient features of the representation of people’s act.

30. REPRESENTATION OF PEOPLES’ ACT ................ 131 Right To Know ................................................ 133
Corrupt Practices ............................................ 134
Introduction ....................................................131 Electoral Offenses ........................................... 134
Key Features Of The Act ..................................131 Paid News ....................................................... 135
Provisions Regarding Disqualifications In RPA, Voting Rights To Non-Resident Indians Through
1951 ................................................................131 Postal Ballot ................................................... 136
Registration Of Political Parties ........................132

Unit-X: Comparison of the Indian constitutional scheme with that of other countries

31. COMPARISON OF THE INDIAN CONSTITUTIONAL India And Britain ............................................ 140
SCHEME WITH OTHER COUNTRIES .................... 137 India And France ............................................ 141
India And Japan ............................................. 142
India And USA .................................................137 India And South Africa .................................... 143

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PRAHAAR 2024: Indian Polity and Constitution

1 HISTORICAL BACKGROUND

The Indian Constitution serves as a lasting testament to India's successful transformation from a colony to a sovereign
republic. This dynamic document guides the democratic operation of the world's most populous nation. It embodies an
inclusive vision that has steered India's immense diversity towards a unified national identity.
EVOLUTION OF INDIAN CONSTITUTION: A JOURNEY THROUGH KEY ACTS AND REFORMS
GOVERNMENT OF INDIA ACT, 1919/MONTAGU-CHELMSFORD REFORMS
• Indian Members in Executive Council: The Act mandated the inclusion of three Indians in the Viceroy's executive
Council.
• Bicameral Legislature: A two-house legislature was established – the Legislative Assembly and the Council of State.
• Decentralization: The Act relaxed the central control over the provinces by demarcating and separating central
and provincial subjects.
• Dyarchy at Provinces: A dyarchy was introduced at the provincial level, dividing provincial subjects into
transferred and reserved ones.
• Central Public Service Commission: The Act provided for the establishment of a public service commission,
leading to the establishment of the Central Public Service Commission in 1926.
• Significance
o Increased Indian Participation: It aimed to expand Indian involvement in governing the country. This marked
a shift towards eventual self-rule.
o Legislative Reforms: It introduced bicameral legislatures and expanded voting rights, sparking political
awareness and engagement.
o Role of Dyarchy: The Act implemented a partial system of self-government in provinces, giving Indians some
administrative control.
GOVERNMENT OF INDIA ACT OF 1935
• The Government of India Act of 1935 was an important step towards establishing a constitutional mechanism in
India. It was mainly influenced by significant political Developments at that time such as, Simon commission Report,
Nehru Report, Round Table Conferences etc.
• Salient Features of the Act
o All-India Federation: Established a framework for a federal system with division of powers, but princely states
didn't join, preventing its formation.
o Provincial Autonomy (1937-1939): Granted limited self-governance to provinces with ministers advising the
governor.
o Dyarchy at Center (Not Implemented): Divided central subjects into reserved and transferable categories, but
never implemented.
o Bicameral Legislatures (Limited): Introduced upper houses in some provinces with restrictions.
o Expanded Representation: Increased voting rights (around 10% of population) and separate electorates for
specific groups.
o Restructured Administration: Abolished Council of India, established advisors for the Secretary of State, and
created Public Service Commissions (Federal, Provincial, Joint).
o Federal Court: The Act provided for the establishment of a Federal Court with both original and appellate
jurisdictions.
• Significance of the Act: This act was the most comprehensive and extensive legislation enacted by the British
Parliament for the governance of India. Despite its limitations, it marked a milestone towards a completely
responsible government in India and provided Indians with practical experience of running the government.
INDIAN INDEPENDENCE ACT OF 1947
• Salient Features of the Act:
o End of British Rule: The Act declared India and Pakistan as two independent dominions from August 15, 1947.
o Power to the Constituent Assemblies: The Act gave the constituent assemblies of India and Pakistan the power
to frame their respective constitutions.
o Partition of India: The Act provided for the partition of British India into India and Pakistan.

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PRAHAAR 2024: Indian Polity and Constitution
• Significance:
o The Indian Independence Act of 1947 marked the end of British rule in India and declared India and Pakistan as
two separate dominions.

KEY WORDS: Dual government, Centralisation of Power, limited Governance, Indirect Representation, Communal
Electorate, All India Federation, Dyarchy, Provincial Autonomy

CONSTITUENT ASSEMBLY OF INDIA

• The British government's Cabinet Mission Plan of 1946 included the acceptance, in principle, of a Constituent
Assembly.
• The Constituent Assembly consisted of representatives who were indirectly elected and members nominated from
the princely states.
• It met for nearly three years, deliberating and debating the framework for an independent India. Key figures like
B.R. Ambedkar played a crucial role in shaping the document.
• The Assembly ultimately adopted the Constitution on November 26, 1949, paving the way for India becoming a
republic on January 26, 1950.
Criticism of the Constituent Assembly
• Lack of Representativeness: Critics argue the Assembly wasn't truly representative as members weren't directly
elected by the people through universal adult suffrage.
• Not a Sovereign Body: Some claim the Assembly wasn't fully sovereign because it was established by British
proposals and functioned with their permission.
• Lawyer-Dominated: Critics point out a high number of lawyers in the Assembly, potentially influencing the
constitution's complexity and legalistic language.
• Hindu Dominance: Some critics, like Winston Churchill, argued the Assembly primarily represented the Hindu
majority, neglecting other communities.
• Time-Consuming Process: The drafting process took nearly three years, leading some to criticize its length.
However, these criticisms were countered by the fact that the assembly represented a wide range of social, political
,

and economic viewpoints, and its prolonged deliberations were a necessary result of its efforts to accommodate and
reconcile these divergent views.

CRITIQUES OF THE INDIAN CONSTITUTION

• Carbon Copy of the 1935 Act:
o Critique: British constitutional expert Sir Ivor Jennings argued that the Indian Constitution heavily borrows
from the Government of India Act, 1935, with many provisions copied directly.
o Counterargument: Dr. B.R. Ambedkar countered this claim, clarifying that borrowed elements primarily dealt
with administrative details. The Constitution embodies the vision of an independent India, including
fundamental rights, directive principles, and other features distinct from the 1935 Act.
• Bag of Borrowings;
o Critique: Critics often label the Indian Constitution as a "borrowed constitution" or a "bag of borrowings,"
lacking originality.
o Counterargument: While the Constitution incorporates concepts and provisions from various world
constitutions, the framers cleverly adapted them to India's unique context and needs. As Dr. B.R. Ambedkar
pointed out, this criticism stems from a superficial understanding of the Constitution's essence.
• Lawyer's Paradise:
o Critique: Sir Ivor Jennings criticized the Constitution's legal language and phraseology as complex, calling it a
"lawyer's paradise.”
o Counterargument: Precise legal language is essential to prevent misinterpretations and misuse. The
Constitution serves the people but must also function effectively within the legal system.
• Excessive Length and Detail:
o Critique: Critics argue that the Indian Constitution is excessively lengthy and detailed, making it cumbersome.

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PRAHAAR 2024: Indian Polity and Constitution
o Counterargument: The extensive detail is intentional, creating a comprehensive document that guides every
aspect of governance and minimizes ambiguity. This length reflects the Constitution's inclusiveness and
thoroughness.
• Federalism with a Unitarian Bias:
o Critique: Critics argue that the Indian Constitution leans towards a unitary system, giving the central
government more power than states. This undermines the true spirit of federalism.
o Counterargument: Proponents argue that a strong central government is necessary for national unity and to
address issues like national security and economic development. Additionally, the Constitution provides
mechanisms for cooperative federalism, where the center and states work together.
• Too Rigid or Too Flexible:
o Critique: Some argue the Constitution is too rigid, making it difficult to adapt to changing social and economic
realities. Amending it is a complex process.
o Counterargument: Others believe the Constitution's flexibility allows for necessary modifications through
amendments. It strikes a balance between stability and responsiveness to change.

KEY WORDS: Carbon copy, Lawyer's Paradise, Bag of borrowings, Excessive length

Recent Developments

• 106th Amendment (2023) introduced reservation for women in Lok Sabha, state legislative assemblies, and
Delhi Assembly. One-third of all seats will be reserved for women, including those reserved for Scheduled Castes
and Scheduled Tribes.
• 105th Amendment (2021) restored the power of state governments to identify and classify Socially and
Educationally Backward Classes (SEBCs) for affirmative action programs.

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PRAHAAR 2024: Indian Polity and Constitution

2 CONSTITUTIONAL AMENDMENTS IN INDIA

The Indian Constitution serves as a lasting testament to India's successful transformation from a colony to a sovereign
republic.
• Pandit Jawaharlal Nehru once highlighted the dynamic nature of a constitution, stating that while we strive to make
our constitution as permanent and solid as possible, it should also allow for flexibility to adapt to the nation's growth
and changing conditions.
• The Indian Constitution, while a robust framework, allows for necessary changes through an amendment process.
This ensures the Constitution adapts to evolving needs and circumstances.
• Until now, the Constitution has been amended 106 times. The process of amendment is defined in Article 368 of the
Constitution.
TYPES OF AMENDMENTS
The Indian Constitution can be amended in 3 ways.
• Amendment by Simple Majority of Parliament: This includes amendments related to admission or establishment
of new states, alteration of boundaries of existing states, abolition or creation of legislative councils in states, etc.
• Amendment by Special Majority of Parliament (Under Article 368): This includes amendments to Fundamental
Rights, Directive Principles of State Policy, and all other provisions not covered by the first and third categories.
• Amendment by Special Majority of Parliament and Ratification by State Legislatures (Under Article 368):
This includes amendments related to the election of the President, the extent of the executive power of the Union
and the states, Supreme Court and high courts, distribution of legislative powers between the Union and the states,
representation of states in Parliament, power of Parliament to amend the Constitution and its procedure.
INFORMAL AMENDMENTS
• Judicial Interpretation: The Supreme Court of India plays a crucial role in interpreting the Constitution. Over time,
their judgments can effectively change how the Constitution is applied, even if the written text remains the same.
For instance, the concept of the "basic structure" of the Constitution, which cannot be amended, was established
through judicial interpretation.
• Constitutional Conventions: These are uncodified practices that, though not strictly part of the Constitution, are
followed due to tradition or precedent. An example is the convention of the Prime Minister being the leader of the
majority party in the Lok Sabha (lower house of Parliament). These conventions can evolve over time, shaping how
the government functions.

Keywords: Judicial interpretation, conventions, basic structure

THE NECESSITY OF CONSTITUTIONAL AMENDMENTS

• Evolving Social Order: With evolution of society, weaker sections need to be protected with adequate safeguards
to maintain robust social order. For instance,
o 106th Amendment (2023) introduced reservation for women in Lok Sabha, state legislative assemblies, and
Delhi Assembly.
• Strengthening Institutions: Amendments can improve the functioning of government:
o Anti-Defection Law: The 52nd amendment introduced the Anti-Defection Law to curb political instability
caused by defections from parties.
• Technological Advancements: New technologies can necessitate legal frameworks. For instance:
o Privacy in the Digital Age: A debate exists on amending the Constitution to explicitly include the right to privacy
in the digital age, considering the rise of data collection and surveillance.
• Fulfilling Social Contracts: For example, the 73rd and 74th Amendments, which were introduced to realize the
dream of 'Gram Swaraj' as envisaged by Mahatma Gandhi.
• Structural Adjustments: Amendments like the abolition of the Right to Property from Fundamental Rights were
required for economic considerations.
• Addressing Practical Difficulties: Sometimes, amendments streamline processes:

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PRAHAAR 2024: Indian Polity and Constitution
o GST (Goods and Services Tax): The 101st amendment introduced GST, a unified tax system aimed at
simplifying indirect taxation across India.
ISSUES WITH CONSTITUTIONAL AMENDMENTS
• Frequency of Amendments: India's Constitution has been amended frequently compared to other democracies,
raising questions about stability and respect for the original document. Some argue the frequent amendments
indicate a lack of foresight in the initial drafting or a tendency for political expediency over long-term vision.
• Shift of Power: Excessive amendments might alter the balance of power between various institutions, such as the
Parliament and Judiciary, Centre and States, leading to instability.
• Lack of Public Deliberation: The current process relies on Parliament and state legislatures, with limited public
involvement. Recent amendments haven't had extensive public discussions or consultations with stakeholders,
raising concerns about democratic legitimacy.
• Potential for Majoritarianism: A strong central government with a large majority could push through
amendments without considering minority viewpoints. Concerns exist that amendments impacting the federal
balance or fundamental rights might be passed based on the ruling party's majority alone.
• The "Basic Structure Doctrine" Debate: There's ongoing debate about the extent to which Parliament can amend
the Constitution's "basic structure" (unchangeable principles). Landmark Supreme Court judgements established
the "basic structure" doctrine, but its precise scope remains debated, creating uncertainty around the amendment
process.
CRITICISM OF THE AMENDMENT PROCEDURE
• Centralized Control: Critics argue that the power to amend the Constitution rests heavily with Parliament,
potentially neglecting the federal balance by giving less weight to the voice of individual states.
• Limited Public Participation: The current amendment process lacks provisions for direct public involvement, such
as referendums. This could enhance the democratic legitimacy of amendments by incorporating public opinion.
• Absence of a Dedicated Body: Unlike some nations, India doesn't have a designated body like a Constitutional
Convention specifically tasked with proposing amendments. This could potentially streamline the process and
ensure a more comprehensive review.
• Similar to Ordinary Bills: Except for the special majority requirement, the amendment process is quite similar to
passing ordinary bills. Critics argue for a more rigorous procedure for fundamental changes.
• State Ratification Ambiguity: The Constitution doesn't specify a time frame for state legislatures to ratify
amendments, leading to potential delays and uncertainties.
• Silent on Withdrawal: There's no clarity on whether states can withdraw their approval after initially ratifying an
amendment.
• No Deadlock Resolution: The process lacks a mechanism for resolving deadlocks if both houses of Parliament
disagree on an amendment.
WAY FORWARD
• Dedicated Committee/Body: Establish a separate committee or body specifically tasked with analyzing proposed
amendments to the Constitution. This could provide a more rigorous review process and prevent hasty changes.
• Setting Up a Joint Parliamentary Committee: Create a Joint Parliamentary Committee (JPC) for in-depth
deliberation on proposed amendments. This JPC would involve representatives from both houses of Parliament and
different political parties, fostering consensus-building and ensuring broader consideration of the proposed
changes. Eg USA has a dedicated body to look into the proposed amendments
• Deadlock Resolution Mechanism: Create a framework for resolving disagreements between houses of Parliament
on amendments. This could involve mediation, joint committees, or a temporary supermajority requirement.
• Involve State Legislatures: Their active participation in the amendment process could ensure a balanced federal
structure is maintained. And other stakeholders like public, experts
• Defining Amendment Procedure: Clearer procedural guidelines could help reduce confusion and potential misuse
of the amendment provision.
• Time-bound Ratification: Set a time limit for state legislatures to ratify amendments, preventing indefinite delays.
Constitutional amendments are a vital mechanism to keep the Constitution relevant and adaptable in a dynamic
world. However, exercising this power judiciously and sparingly is essential to safeguard the integrity and stability
of our foundational law.

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PRAHAAR 2024: Indian Polity and Constitution
a rotational system
1. Reserved Majoritarianism,
KEYWORDS: seats will rotate afterdeliberation,
public each election, changing
Dedicated to a Deadlock
Committee, differentResolution
constituency or ward.
Mechanism
2. This rotation will ensure that all constituencies and wards are represented by women at some
106TH
point. CONSTITUTIONAL AMENDMENT, 2023
3. The rotation will be determined by the Election Commission of India (ECI) and the State Election
Provisions:
•Commissions
The 106th amendment,
. also known as the Women's Reservation Act, 2023 (Nari Shakti Vandan Adhiniyam, 2023)
reserves one-third of all seats in the Lok Sabha (lower house of Parliament), state legislative assemblies, and the
National Capital Territory of Delhi Legislative Assembly for women.
• This reservation includes seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
Significance: Only 14% in 17th lok sabha, state leg average 8%
• Aims to increase women's political participation, promoting gender equality in government.
• Can potentially lead to better representation of women's issues and perspectives in policymaking.
• May inspire more women to enter politics, breaking down traditional gender barriers.
Criticisms: Eg chhavi Rajawat
• Rotational System Concerns: The Act mandates rotation of reserved seats, which some argue might disadvantage
women with long-term political aspirations.
• Impact on Existing Reservations: Critics argue it might dilute the existing reservations for SCs and STs.
• Quota Within Quota: The implementation of reservation within reservation for SC/ST women raises questions
about further complexities and potential challenges.
• Focus on Numbers vs. Capability: Some argue that reservation alone might not guarantee capable women
representatives. Wf - capacity building, pri women higher positions, inner party democracy, awareness
among people about women leadership
The amendment was a significant step towards women's empowerment in India. However, debates continue on the
effectiveness of reservations and the need for broader societal changes to achieve true gender equality in politics.
BASIC STRUCTURE OF THE CONSTITUTION
• The Basic Structure Doctrine is a principle established by the Indian Judiciary that certain fundamental features of
the Constitution are essential and unalterable, even through the Parliament's amendment power under Article 368.
• The concept didn't exist explicitly in the written Constitution. It emerged through a series of landmark court cases
in the 1960s and 1970s, culminating in the landmark Kesavananda Bharati v. State of Kerala (1973) case.
• The Supreme Court has yet to define or clarify what constitutes the ‘basic structure’ of the Constitution.

Kesavananda Bharati Judgement

• The Supreme Court ruled in the Kesavananda Bharati Vs. State of Kerala case that the basic structure of the
Constitution is inviolable and cannot be amended by Parliament.
• This was the largest-ever bench in the history of the Supreme Court, composed of 13 members.
• Kesavananda Bharati, the petitioner in the Supreme Court case that resulted in the landmark verdict of 1973
outlining the basic structure doctrine of the Constitution, passed away in 2020.

ELEMENTS OF BASIC STRUCTURE

• Over the years, the Supreme Court has through various
judgments recognized many features as part of the
Constitution's basic structure.
• Some of the examples include:
o The Supremacy of the Constitution;
o Secular and federal character of the Constitution;
o The Sovereignty of India;
o The Unity and Integrity of the Nation
o Judicial review;
o Balance between Fundamental Rights and Directive Fig: Basic Structure of the Constitution of India
Principle etc
Cases -
keshavananda bharati 1973
IR Coelho - ninth sch under judicial review because judicial review is basic structure
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PRAHAAR 2024: Indian Polity and Constitution
SIGNIFICANCE OF BASIC STRUCTURE
• Protects the Core Identity: The basic structure doctrine safeguards the fundamental principles envisioned by the
Constitution's framers, ensuring India remains a democratic, socialist, secular, and republic nation.
• Limits Arbitrary Amendments: It prevents the Parliament from making radical changes that could destroy the
Constitution's essence. For example, Parliament can't abolish judicial review power or introduce a theocratic state.
• Maintains Supremacy of the Constitution: By placing limitations on amendments, the basic structure doctrine
upholds the Constitution as the supreme law, preventing its erosion by a temporary majority in Parliament.
• Promotes Judicial Review: It empowers the judiciary to review amendments and strike down those violating the
basic structure. This was crucial in the Kesavananda Bharati case (1973) where the Supreme Court protected
fundamental rights from absolute parliamentary control. Eg IR Coelho case
• Independence of Judiciary: Basic structure doctrine ensures independence of judiciary by preventing
encroachment of Parliament in the judicial sphere.
o For instance, the 99th Constitutional Amendment Act 2014, which proposed the National Judicial
Appointments Commission (NJAC), was struck down due to violating the basic structure of the Constitution.
CRITICISM OF BASIC STRUCTURE
• Judicial Activism: Critics argue it grants excessive power to the judiciary, allowing them to subjectively define the
"basic structure" and potentially overstep their role.
• Vagueness: The concept of "basic structure" is itself unclear, lacking clear definition and potentially leading to
inconsistent application.
• Legislative Supremacy Challenged: The doctrine weakens the principle of Parliament's supremacy in law-making.
• Amending Power Curtailed: Critics argue it restricts Parliament's power to amend the Constitution, even for
potentially beneficial changes.
• No Textual Basis: The doctrine isn't explicitly mentioned in the Constitution, raising questions about its legal
legitimacy.
These issues surrounding the doctrine's subjectivity must be addressed, potentially through codification of basic
features by judicial and parliamentary cooperation to ensure that doctrine truly acts as a safeguard against
majoritarianism and authoritarianism, thus protecting the constitution and democracy in India.

I.R. Coelho Case: Strengthening the Basic Structure Doctrine

The I.R. Coelho case is a landmark judgment that further cemented the concept of the Basic Structure doctrine in
Indian constitutional law. The main aspects of the case are as follows:
• Ninth Schedule Limited: The Court ruled that laws added to the Ninth Schedule (offering extra protection from
challenge) after 1973 can be struck down if they violate the Constitution's basic structure.
• Judicial Review Upheld: The case reaffirmed judicial review as a fundamental aspect of the basic structure,
ensuring all laws, even those in the Ninth Schedule, can be reviewed for constitutionality.

• Safeguard Against Overreach: This judgment solidified the principle that no power, including amendment
power, is above judicial review. This protects against arbitrary actions by the legislature or executive.
• Preserving Core Values: The Court reiterated that amendments breaching the Constitution's core principles
would be void, safeguarding its essential values.

KEY WORDS: Constitutional Machinery; Constitutionality; Majoritarianism; Authoritarianism; Third Chamber;

Judicial overreach; Majoritarianism; Authoritarianism.

Previous Year Questions

1. “Parliament’s power to amend the constitution is a limited power and it cannot be enlarged into 2019
absolute power”. In the light of this statement explain whether parliament under article 368 of the
constitution can destroy the Basic structure of the constitution by expanding its amending power?
2. What was held in the Coelho case? In this context, can you say that judicial review is of key 2016
importance amongst the basic features of the Constitution?

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PRAHAAR 2024: Indian Polity and Constitution

3 SIGNIFICANT PROVISIONS IN THE INDIAN CONSTITUTION

• India, also known as Bharat, is a sovereign, socialist, secular, democratic

republic with a parliamentary system of government. It is a Union of States
that is governed according to the Constitution of India.
• Significant Provisions of the Indian Constitution: The provisions
encapsulate the fundamental elements of the Constitution, which are –
Preamble; Fundamental Rights; Fundamental Duties; Directive Principles of
State Policy; Universal Adult Franchise; Single Citizenship; Separation of
Powers.
SIGNIFICANT PROVISIONS: AN IN- DEPTH ANALYSIS
Also for const morality - Govt of NCT Delhi vs UOI case,
• Preamble
- Naz foundation case
o The term refers to the introductory part of a document. India's Features of Indian Constitution
Constitution's Preamble summarizes its core principles.
o Based on Pandit Nehru's "Objectives Resolution," the Preamble outlines the Constitution's fundamental values –
political, moral, and religious. It captures the vision of the Constituent Assembly and the aspirations of India's
founders.
o It has come under scrutiny from various quarters, with
debates on whether the terms 'socialist' and 'secular' should
be removed or retained.
• Universal Adult Franchise:
o It embodies the democratic principle of "one person, one
vote," ensuring political equality.
• Single Citizenship:
o This unique feature grants all citizens the same rights and
privileges regardless of their state of residence.
o In the context of increasing interstate migration and
discussions surrounding the National Register of Citizens Core Values of Preamble
(NRC), this provision holds significant relevance.
• Fundamental Rights:
o The Indian Constitution enshrines a set of fundamental rights, legally enforceable by courts, covering civil
liberties, political rights, and fair trial procedures.
o These rights act as a shield against arbitrary state power, safeguarding citizens from government overreach.
o The recent Citizenship Amendment Act (CAA) sparked debates about how it might affect the right to equality and
the principle of secularism. Eg - puttaswamy judgement - right to privacy Sabarimala case -
• Directive Principles of State Policy: Navet sing johar case - decriminalized 377 gender equality
o These are non-justiciable guidelines for the government, aiming to establish a just and equitable society.
o While not directly enforceable in court, they guide the state in formulating laws that promote social welfare.
o The ongoing discourse around implementing a Uniform Civil Code, envisioned in Article 44, exemplifies the
dynamic interpretation of Directive Principles.
• Fundamental Duties:
o Fundamental Duties, a concept inspired by the USSR, are an essential aspect of Indian citizenship.
o They emphasize responsibilities alongside rights, promoting civic morality and social cohesion. However, their
non-justiciable nature means enforcement relies on individual conscience.
o Discussions about mandatory voting often highlight the importance of citizens fulfilling their fundamental duties.
• Separation of Powers
o The separation of powers is a fundamental principle that divides government authority among the legislature,
executive, and judiciary.
o This distribution of power ensures that no single branch becomes too powerful and prevents abuse of authority.
O The judiciary's role as the guardian of the Constitution, particularly during debates about judicial activism,
exemplifies the significance of this principle.

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PRAHAAR 2024: Indian Polity and Constitution
PREAMBLE
The Constitution's Preamble outlines its core principles and purpose. Drafted by Vengalil Krishnan Krishna Menon,
it establishes the "We the People" source of authority and defines India's character along with the Constitution's
objectives.
Added in 42nd CAA 1976
Removal of Socialist and Secular Words from Preamble
• Context: The Supreme Court was hearing a pair of petitions that sought deletion of words “secular” and “socialist”
from the Preamble.
• Recently, the Supreme Court (SC) agreed to examine whether the words “socialist” and “secular” could have been
inserted in the Preamble of the Indian Constitution in 1976 even though the date of the adoption of the
Constitution remained unaltered i.e. November 26, 1949.
Arguments in Favor of Retaining "Socialist" and "Secular" in the Preamble:
• Reinforces Core Values: These words explicitly emphasize the commitment to social and economic justice,
reducing inequality, and protecting the rights of all citizens.
World inequality report 10% top - 77% national wealth
• Continuity and Stability: Removing them could be seen as tampering with the Constitution's original intent and
potentially creating uncertainty.
Poverty in SC is 34% while other castes 9% world bank
• Addresses Historical Context: These words were added post-independence to address concerns about
minorities and economic disparity, reflecting India's unique situation.
• Flexibility in Interpretation: The terms "socialist" and "secular" don't prescribe a rigid economic model or
religious policy. They allow for adaptation and interpretation based on evolving needs.
• Secular Identity: Removing "secular" might raise concerns about India's commitment to religious tolerance and
equal treatment for all faiths. This could embolden religious nationalism and create anxieties among minority
communities. Sarva dharma sambhav
Arguments Against Retaining "Socialist" and "Secular" in the Preamble:
• Historical Imposition: Critics argue these words were inserted during the Emergency (1975), a period of
authoritarian rule, and don't reflect the original democratic spirit.
• Redundancy: The core principles of justice, equality, and liberty are already enshrined in the Preamble. These
words might be seen as unnecessary repetition.
• Economic Model Debate: The term "socialist" could be seen as outdated or hindering economic growth in a
globalized world.
• Secular Misinterpretation: Some argue it creates a false sense of secularism, while India is inherently a multi-
religious society.
• Political Agenda: The push for removal might be driven by a political agenda to change the character of the Indian
state.
Secular nature of the constitution and Establishment of the Egalitarian social Order through the rule of law, are part
of the Basic Structure of the Indian Constitution. Hence, as stated in the Kesavananda Bharti Case, the Parliament can
amend any part of the constitution including the Preamble without compromising the basic structure and
constitutional values.Eg SR bommai

SIGNIFICANCE OF PREAMBLE
• Source of Authority: It declares the source of the Constitution's authority as "We, the People of India," establishing
a democratic foundation.
• Defines the Nation: It defines India as a Sovereign, Socialist, Secular, Democratic Republic, outlining the core
principles of the nation.
• Sets Goals: It lays out the fundamental goals of securing justice (social, economic, and political), liberty, and equality
for all citizens.
• Guiding Light for Interpretation: Courts use the Preamble to interpret the Constitution's provisions during legal
disputes.
• Reflection of Ideals: It reflects the idealistic vision of the Constitution's framers for a just and equitable society.
AMENDABILITY OF PREAMBLE
• The question of whether the Preamble can be amended has been discussed in several landmark cases.
• Limited Amendment View (Berubari Case, 1960): Initially, the Supreme Court, in the Berubari Case (1960), held
that the Preamble wasn't part of the Constitution and therefore couldn't be amended.

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PRAHAAR 2024: Indian Polity and Constitution
• Preamble as Amendable (Kesavananda Bharati Case, 1973): However, a landmark shift occurred in the
Kesavananda Bharati Case (1973). The Court reversed its position, declaring the Preamble to be part of the
Constitution and amendable, provided the amendment doesn't violate the "basic structure" of the Constitution.
• Recent Proposals: In light of this, recent proposals have included one to replace the word "socialist" with
"equitable" in the Preamble, sparking debate about the potential exercise of this amendability.
The Preamble embodies the values that guided India's freedom struggle and serves as the foundation for the country's
democratic structure. These values are crucial to the nation's progress and the pursuit of justice, liberty, equality, and
fraternity.

KEYWORDS: Source of authority, Identity card, Guiding Light, Reflection of Ideals.

ISSUES IN NEWS
Laicite: French Principle of Secularism
Context
• France recently banned the wearing of abayas (similar to burqas) in state schools, citing a violation of their Laicite
principle.
• France interprets secularism as "freedom to emancipate oneself through school," where religion shouldn't be
identifiable solely by appearance.
About Laicite
• Established in the 19th century, Laicite signifies a strict separation of state and church.
• It's enshrined in the French constitution, promoting a public sphere free from religious influence and emphasizing
secular values like liberty, equality, and fraternity.
Differences between Indian and French Secularism
Both India and France promote a secular state with several key principles in common:
• Religious Freedom: Citizens have the right to practice their faith without discrimination.
• Equality for All: Religion cannot be a basis for legal distinction.
• State Neutrality: The government avoids favoring any particular religion.
• Minority Rights: Both nations are committed to protecting the rights of religious minorities.
• Freedom of Expression: Criticism and discussion of religious beliefs are permitted.
DIFFERENCES BETWEEN INDIAN AND FRENCH SECULARISM
Basis India France

Core Principle "Sarva Dharma Samabhava" - equal respect Laïcité - emphasizes a strict separation of
for all religions. This fosters a more inclusive religion from the state and public sphere.
approach to religion in public life.

Religious Generally, permits religious symbols in Has stricter policies regarding religious symbols,
Expression public spaces. Sikhs, for instance, are exempt such as banning conspicuous ones in public
from wearing helmets while riding two- schools, sparking controversy
wheelers due to their turbans.

State Funding Allows state funding for religious institutions Prohibits state funding for religious institutions
as part of Laïcité

Personal Laws Recognizes separate personal laws for Maintains a unified civil code that applies to all
different religious communities governing citizens regardless of religion
marriage, divorce, and inheritance (e.g.,
Hindu Succession Act).

State The state frequently interacts with and Public institutions must remain entirely secular,
Involvement supports various religious communities and avoiding any religious endorsement or
their institutions. involvement.

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PRAHAAR 2024: Indian Polity and Constitution
It's important to note that each country's secularism is shaped by its unique historical, cultural, and social context, and
there is no one-size-fits-all approach. France can adapt and incorporate elements from India's secularism that align
with its own values and objectives while respecting its historical and legal framework.

Previous Year Questions

1. Explain the constitutional perspectives of Gender Justice with the help of relevant Constitutional 2023
Provisions and case laws.
2. What can France learn from the Indian Constitution’s approach to secularism? 2019
3. Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the 2016
present circumstances?

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PRAHAAR 2024: Indian Polity and Constitution

4 FUNDAMENTAL RIGHTS (PART III, ARTICLE 12-35)

Fundamental Rights are enshrined in Part III (Articles 12-35) of the Indian Constitution. These are basic human rights
guaranteed to all Indian citizens, essential for a life of dignity and freedom. They act as limitations on the power of the
government, ensuring it cannot arbitrarily deny these rights to individuals. These rights are guaranteed to all Indian
citizens, irrespective of caste, religion, gender, or social status.
CLASSIFICATION OF FUNDAMENTAL RIGHTS
• The Constitution of India provides six Fundamental Rights, which are:
I. Right to Equality (Article 14 – 18)
II. Right to Freedom (Article 19 – 22)
III. Right against Exploitation (Article 23 – 24)
IV. Right to Freedom of Religion (Article 25 – 28)
V. Cultural and Educational Rights (Article 29 – 30)
VI. Right to Constitutional Remedies (Article 32)
DISTINCTIVE FEATURES OF FUNDAMENTAL RIGHTS
Habaes corpus, mandamus certiorari prohibition
• Justiciable: Unlike Directive Principles (Part IV), Fundamental Rights are enforceable by courts. Citizens can
approach the Supreme Court or High Courts through writs (legal remedies) to protect their violated rights.
• Not Absolute: These rights can be reasonably restricted by the government in the interest of the State, public order,
morality, etc. This balance is achieved through judicial review.Eg art 19 - restriction on movement of prostitutes
• Can be Expanded: Unlike some Constitutions with a fixed list of rights, the Indian Constitution allows the judiciary
to expand the scope of Fundamental Rights through interpretations and pronouncements. This ensures adaptability
to evolving needs. Eg - Art 21 -- puttaswamy
Limitations on govt
• Positive Rights: In addition to classic negative rights (freedom from state interference), the Indian Constitution
includes some positive rights like the Right to Education (Article 21A).
• Suspension during Emergencies: During a national emergency, some rights can be suspended by the President
(except Articles 20 and 21). However, this power is subject to judicial review.
ARTICLE 12
• Definition of State: Article 12 defines "State" broadly, including:
o The Central Government (Parliament and Executive)
o State Governments (Legislature and Executive)
o All Local Authorities (e.g., municipalities)
o All Other Authorities (both established by law and those not requiring a formal statute)
• Judiciary and Definition of State: The definition excludes the judiciary when it functions in its judicial capacity
(e.g., interpreting laws). However, the judiciary's administrative actions (e.g., employee hiring) are subject to legal
challenges through writs (Article 226).
• Exceptions: This definition of state does not apply to international Organizations. The United Nations, for example,
is not considered a "State" under Article 12. Its actions cannot be challenged using Article 226.
ARTICLE 13
• Article 13: Article 13 establishes that any law contradicting or weakening Fundamental Rights is invalid. This
explicitly lays the foundation for judicial review.
• Power of Judicial Review: The Supreme Court (Article 32) and High Courts (Article 226) hold the power of judicial
review. They can declare any law unconstitutional and void if it violates Fundamental Rights.
• What Can Be Challenged? The term "law" has a broad interpretation. Here's what can be challenged in court for
infringing upon Fundamental Rights and potentially declared null and void:
o Permanent laws passed by Parliament or state legislatures.
o Temporary laws like ordinances issued by the President or state governors.
o Secondary legislation (delegated legislation) by the executive, including orders, bylaws, rules, regulations, or
notifications.

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PRAHAAR 2024: Indian Polity and Constitution
o Non-legislative sources of law such as established customs or practices with legal force.
• Exceptions to Judicial Review: Constitutional amendments are not considered "laws" and cannot be directly
challenged. However, a landmark Supreme Court ruling in the Kesavananda Bharati case (1973) established that a
constitutional amendment can be challenged if it violates a fundamental right deemed part of the Constitution's
"basic structure."

Inclusion of Personal Laws under Article 13

The question of whether personal laws fall under the ambit of Article 13, which prohibits laws inconsistent with
fundamental rights, is a complex and debated issue in India. Here are some key points outlining the arguments:
Arguments against inclusion:
• Not "Law in Force": A landmark judgement in State of Bombay vs Narasu Appa Mali (1952) held that personal
laws, derived from religious texts and customs, are not "laws in force" as envisaged in Article 13. They argued
these weren't enacted by a legislature.
• Preserving Religious Identity: Supporters of this view argue that including personal laws under Article 13
would infringe on religious freedom and cultural practices enshrined in Articles 25 and 26.
Arguments for inclusion:
• Discrimination and Inequality: Critics argue that personal laws, particularly those pertaining to inheritance,
marriage, and adoption, can be discriminatory, especially towards women. For example, some religious personal
laws allow polygamy for men only and some allow for women only. This allegedly violates the right to equality
(Article 14).
• Fundamental Rights Supremacy: Proponents believe that fundamental rights should be supreme, and personal
laws that violate them, like discriminatory inheritance rights, should be invalidated.
Court Judgements:
• The Supreme Court has reiterated that personal laws are outside the scope of Article 13. It emphasised legislative
reform (Uniform Civil Code) as the solution.
• Some High Court judgements have tried to bring personal laws under Article 13, but these were overruled by the
Supreme Court.
The Indian Parliament has not enacted a Uniform Civil Code (UCC) that would apply a common set of laws to all
citizens across religions. This inaction is seen by some as a missed opportunity to ensure equality.

KEYWORDS: Magna Carta of India, Political Democracy, Limited Rights, Not Absolute but qualified, reasonable
restrictions, Justiciable, Doctrine of judicial review

RIGHT TO EQUALITY (ARTICLE 14 -18)

• Right to Equality, enshrined from Article 14 to 18 in the Constitution of India, forms the cornerstone of our
democratic nation, championing the principle of equality among all citizens.
• This fundamental right guarantees equal treatment before the law, prohibits discrimination based on factors like
religion, caste, or sex, and ensures equal access to public spaces and government jobs.
ARTICLE 14: EQUALITY BEFORE LAW
• Article 14 asserts that no person will be denied Equality before Law or Equal Protection of Law within Indian
territory.
EQUALITY BEFORE LAW VS EQUAL PROTECTION OF LAWS
• Equality before law: An idea of British origin, it negates any special privileges in favor of any person, subjects all
persons to ordinary law, and affirms that no person is above the law.
o Example: A law against theft applies to everyone, regardless of wealth or social status. If a politician and a
commoner are caught stealing, both go through the same legal process.
• Equal protection of laws: An American concept, it calls for equal treatment under identical circumstances and
consistent application of the same laws to all persons in similar situations.
O Example: A law offering tax benefits to small businesses must be available to all qualifying businesses, not just
ones in a specific industry or location. Denying tax benefits to specific groups based on irrelevant factors would
violate equal protection.

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PRAHAAR 2024: Indian Polity and Constitution
EXCEPTIONS UNDER ARTICLE 14
Historical disadvantage -Poverty 34% in SC but 9% in other castes - World Bank 2011
• Affirmative Action: The Constitution allows the state to make special provisions for disadvantaged groups like
women, children, Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Economically Backward Classes
Also mandated by DPSP -
(SEBCs) in public educational institutions (1st Constitutional Amendment Act, 1951).
social justice
• Reservations in Education: The state can reserve seats in educational institutions, including private ones (except
for minority institutions), for backward classes, SCs, and STs to promote their educational advancement (93rd
Constitutional Amendment Act, 2005).
• Economically Weaker Sections (EWS): The state can make special provisions, including reservations in
educational institutions, for Economically Weaker Sections (EWS) of society to ensure equal opportunity (103rd
Constitutional Amendment Act, 2019). Art 361 - immunity to president , govt from legal proceedings in official capacity
• Immunities of High Offices: Article 361 grants certain immunities from legal proceedings to the President and
Governors to ensure they can perform their duties without undue pressure.
• Parliamentary Privileges: Members of Parliament (MPs) and state legislative assemblies enjoy certain privileges
and immunities (Articles 105 and 194 respectively) to allow for free and independent discharge of their legislative
responsibilities. MPs and MLAs
ARTICLE 15: PROHIBITION OF DISCRIMINATION
• Prohibition of Discrimination: Article 15 prohibits the state (government) from discriminating against any citizen
on grounds of religion, race, caste, sex, or place of birth.
• Access to Public Places and Amenities: It ensures citizens can access shops, restaurants, hotels, places of public
entertainment, wells, tanks, bathing ghats, roads, and places of public resort without discrimination.
• Exception for Women and Children: The article allows the state to make special provisions for women and
children to promote their welfare and upliftment. This is because they may face specific disadvantages requiring
affirmative action.
ARTICLE 16: EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT
• Equality of Opportunity in Public Employment: It guarantees equal opportunity for all citizens in matters relating
to government jobs and appointments.
• Non-Discrimination: No citizen can be discriminated against based on religion, race, caste, sex, descent, place of
birth, residence, or any of them for government jobs.
• Exceptions: The article allows some exceptions:
o Residential Requirements: Parliament can make laws requiring citizens to have a residency period within a
state for government jobs there.
o Reservation Policy: The government can reserve appointments for backward classes (Scheduled Castes,
Scheduled Tribes) and Other Backward Classes to promote social equality.
o Reservation for Economically Weaker Sections: A 10% reservation for economically weaker sections of
society has been added through a recent amendment.
• Significance: Article 16 promotes meritocracy and aims to eliminate social inequalities in government employment.
• Challenges: Despite the article, issues like caste-based discrimination in recruitment persist.

Demand for Local Reservation in Private Sector Jobs

The demand for local reservation in private jobs has sparked debate in India. Proponents argue it empowers locals
and addresses unemployment, while opponents raise concerns about constitutionality and hindering meritocracy.
In Favor:
• Empowering Locals: Local youth often have a better understanding of the region's needs and can contribute
more effectively.
• Addressing Unemployment: Reservation can create opportunities for locals facing high unemployment rates.
• Social Cohesion: It can foster a sense of ownership and reduce resentment towards outsiders.
Against:
• Constitutionality: Article 19(1)(g) guarantees the right to practice any profession throughout India.
Reservations based solely on residence might violate this.
• Meritocracy: Companies may struggle to find the most qualified candidates if restricted to a local pool.
• Investment Discouragement: Strict reservation policies could deter businesses from investing in certain
regions.

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 PRAHAAR 2024: Indian Polity and Constitution

Examples:
• Haryana: The state passed a law in 2020 reserving 75% of private jobs for locals, but it was struck down by the
High Court due to constitutional concerns.
• Maharashtra: Proposed a similar policy reserving 80% of private jobs, raising similar legal questions.
Finding a balance between local aspirations and national economic freedom is crucial. Skill development programs
alongside relaxed residency requirements could be a more effective approach.
ARTICLE 17: ABOLITION OF UNTOUCHABILITY
• Abolishes Untouchability: Article 17 explicitly outlaws the practice of untouchability in any form.
• Discrimination Forbidden: It prohibits any discrimination arising from untouchability. This includes denying
access to public spaces, temples, or professions based on caste.
• Punishable Offense: The enforcement of untouchability is a criminal offense. The Protection of Civil Rights Act,
1955 (later renamed) lays out specific penalties.
• Significance: Article 17 is crucial in promoting social justice and equal rights in India.
• Ongoing Challenge: Despite Article 17, untouchability continues to be a social evil in India. However, the article
remains a crucial legal tool to combat this practice.
ARTICLE 18: ABOLITION OF TITLES
• The state is prohibited from conferring any titles except military and academic distinctions (e.g., Padma awards,
Param Vir Chakra). This aimed to create a society based on equality and merit, not inherited titles.
• Abolition of hereditary titles of nobility conferred by colonial States.
KEYWORDS: Equality before Law and equal protection of law, prohibion of discrimination, equality of opportunity,
untouchability, civil rights
RIGHT TO FREEDOM (ARTILCE 19 – 22)
ARTICLE 19: PROTECTION OF CERTAIN RIGHTS REGARDING FREEDOM OF SPEECH, ETC.
• Article 19 of the Indian Constitution guarantees six fundamental freedoms to all citizens. These freedoms are
crucial for a functioning democracy.
• These are protected against state action and are available to citizens and shareholders of a company but not to
Only
foreigners or legal persons such as companies or corporations.
• These freedoms under Article 19 are not absolute. Reasonable restrictions can be imposed in the interest of
public order, national security, and other legitimate concerns.
• Rights under Article 19(1):
19 1 oa Freedom of Speech and Expression: Fundamental right to articulate one's opinions and ideas without fear of
retaliation, censorship, or legal sanction.
19 1 b Right to Assemble Peaceably and without Arms: The right to come together and collectively express, promote,
o
pursue, and defend common interests.
19 1 c o Right to Form Associations or Unions [or Co-operative Societies]: The right to join with others to collectively
express, promote, pursue, and defend common interests.
o Right to Move Freely throughout the Territory of India: Allows citizens to move freely within the territory of
India– though this right can be restricted in the interests of the general public or Scheduled Tribes.
o Right to Reside and Settle in any Part of the Territory of India: The right to live and settle in any part of the
territory of India.
19 1 go Right to Practice any Profession, or to Carry on any Occupation, Trade or Business: The right to conduct
any lawful profession, or to carry on any occupation, trade, or business.
• Article 19(2) permits the State to impose ‘reasonable restrictions’ on these rights based on the grounds such as
Sovereignty, integrity of India, public order or morality, etc. as mentioned in the Article.
• Article 19 strives for a balance between individual freedoms and the need for a well-functioning society.

Landmark Supreme Court Cases and Free Speech in India

• Shreya Singhal Case (2015): This case challenged Section 66A of the Information Technology Act, 2000. This
section penalized sending "grossly offensive" or "menacing" information online. The Supreme Court struck down
Section 66A, recognizing it as a crucial victory for online free speech in India.

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PRAHAAR 2024: Indian Polity and Constitution

• Kedar Nath Singh Case (1962): This case addressed the interpretation of sedition under Indian law. The
Supreme Court upheld the constitutional validity of the sedition law, clarifying that criticism of the government
does not constitute sedition unless it incites or advocates for violence

ARTICLE 20 (PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES)

Article 20 of the Indian Constitution is a crucial safeguard against arbitrary punishments and unfair trials. It guarantees
certain rights to individuals accused of crimes.
• Protection from Retrospective Punishment: This principle ensures a person cannot be convicted for an act that
wasn't illegal when he committed it. Laws cannot be applied retroactively.
• Double Jeopardy Prohibition: Person cannot be prosecuted and punished for the same offense more than once.
• No Self-Incrimination: No person accused of a crime can be forced to be a witness against themselves. This protects
individuals from being compelled to provide evidence that could incriminate them.
Article 20 lays the foundation for fair trials by ensuring these safeguards. It restricts the government's ability to
arbitrarily convict or punish citizens. These rights ensure fair treatment within the legal system and protect individuals
from potential misuse of power
Sig same as amendment - evolving nature,
ARTICLE 21 (RIGHT TO LIFE AND PERSONAL LIBERTY)
tech, add more rights
• Article 21 of the Indian Constitution is considered the cornerstone of fundamental rights. It guarantees the most
basic human right.
• It advocates that No person can be deprived of their life or personal liberty except according to a procedure
established by law.
• It's the foundation for a broad range of human rights, including the right to privacy and the right to live with dignity.
Crucial cases:
• The A.K Gopalan Case (1950) interpreted 'procedure established by law' narrowly, ruling that protection under
Article 21 is only against arbitrary executive action, not arbitrary legislative action.
• In Maneka Gandhi Case (1978), the Supreme Court widened the interpretation of 'procedure established by law'
to include protection against arbitrary legislative action as well, similar to the American concept of 'due process of
law'.
• In the Puttaswamy judgment (2017), a landmark ruling, the Supreme Court held that privacy was intrinsic to
freedom of life and personal liberty. It played a pivotal role in decriminalising homosexuality and abolishing
provisions related to adultery.
These interpretations ensure that Article 21 protects not just basic survival but also a life with dignity and essential
living conditions. MK Ranjitsinh & ors vs union of india 2024 -- right for healthy environment

Article 21: Right to Privacy versus Right to be Forgotten

• A New Frontier in Data Privacy: The right to be forgotten, allowing individuals to control the online disclosure
of their personal information (limit, de-link, delete, or correct), is a recent development in Indian law.
• Importance for Data Protection: The BN Srikrishna Committee highlighted the right to be forgotten as a crucial
aspect of data protection and individual privacy in the digital age.
• Balancing Act with Free Speech: Recognizing this right necessitates a careful balancing act to ensure it doesn't
restrict the fundamental right to freedom of speech and expression, or the right to information of other citizens.
• Challenges of the Digital Landscape: The global nature of the internet and the variations in legal frameworks
across different countries pose challenges in achieving this balance.

ARTICLE 21A (RIGHT TO EDUCATION)

Education is a fundamental building block for individual growth and societal development. Recognizing this
importance, the Indian Constitution was amended in 2002(86th Amendment) to include Article 21A as part of the
Fundamental Rights.
Key Points of Article 21A:
• Free and Compulsory Education: The State (government) is obligated to provide free and compulsory education
to all children between the ages of 6 and 14.
• Manner of Implementation: Though the responsibility lies with the state, the article allows them to determine the
specific way this right will be provided, often through legislation.

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PRAHAAR 2024: Indian Polity and Constitution
• Right to Quality Education: While not explicitly mentioned in Article 21A, subsequent legislation like the Right to
Education Act (RTE Act) 2009 emphasizes quality education.
• Impact: This article has significantly increased school enrollment rates in India, promoting greater access to
education.
• Recent Updations: The National Education Policy 2020 expanded the age bracket for compulsory education
to 3-18 years, addressing the need for early childhood education and extending the provision of education till
higher secondary school.
ARTICLE 22 (PROTECTION AGAINST ARREST AND DETENTION IN CERTAIN CASES)
Article 22 of the Indian Constitution is a crucial safeguard against arbitrary arrest and detention. It guarantees certain
rights to any person who is arrested, protecting them from misuse of power by the authorities.
• Ordinary Law Conditions:
o Protection from Uninformed Detention: No person can be arrested and held in custody without being
informed promptly about the reasons for the arrest.
o Right to Legal Counsel: The arrested person has the fundamental right to consult and be defended by a lawyer
of their choice.
o Magisterial Production: The arrested individual must be produced before a magistrate within 24 hours of their
arrest (excluding travel time).
o Right to be released after 24 hours unless authorised by a magistrate: This continues the protection against
arbitrary detention.
• Preventive Detention Conditions:
o Detention of a person cannot exceed three months without an advisory board report: Prevents prolonged
detention without adequate justification.
o Grounds of detention should be communicated to the detenu: Ensures transparency and gives the detained
person an opportunity to dispute the grounds of their detention.

KEYWORDS: Freedom of speech, Sedition, Protection of life and Personal liberty, Right to Privacy, Right to be
forgotten.

RIGHT AGAINST EXPLOITATION (ARTICLE 23 -24)

ARTICLE 23 (PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR)
Article 23 of the Indian Constitution is a fundamental right that safeguards individuals from two key forms of
exploitation: trafficking in human beings and forced labor.
• Prohibition: The article clearly prohibits practices such as
o Trafficking in human beings: Buying and selling people as commodities.
o Begar: Unpaid forced labor, often associated with historical practices like bonded labor for debt repayment.
o Other similar forms of forced labor: Any situation where a person is compelled to work against their will, with
threats or coercion.
• Offense and Punishment: Violations of this article are punishable by law, ensuring legal recourse for victims.
• State's Power: The article doesn't prevent the state from imposing compulsory service for public purposes (like
national service in some countries). However, such service cannot discriminate based on religion, race, caste, or
class.
• PUDR vs. Union of India: A landmark judgement reinforcing the right against forced labour, ruling that economic
compulsion that leaves no choice for a person and compels them to provide labour or service also constitutes forced
labour.
This article is crucial in upholding human dignity and preventing vulnerable individuals from being exploited.
ARTICLE 24 (PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.)
Article 24 specifically safeguards children from hazardous work.
• Prohibition on Child Labor: It prohibits the employment of children below 14 years old in factories, mines, or any
other hazardous work.
• Doesn't Ban All Work: It's important to note that Article 24 doesn't restrict children from all types of work. Non-
hazardous or age-appropriate work might be permissible.
• Complementary Laws: Several laws have been enacted by the Parliament to enforce this provision, such as the
Child Labour (Prohibition and Regulation) Act of 1986.

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Article 24 is a crucial step towards ensuring a childhood free from exploitation and promoting education. It empowers
children to develop their full potential in a safe environment.
RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 – 28)
ARTICLE 25:
Article 25 is a cornerstone of India's secular democracy, guaranteeing freedom of religion to all individuals.
• Freedoms Guaranteed: It enshrines four freedoms:
o Freedom of conscience: The right to hold your own beliefs without external pressure.
o Freedom to profess: The right to openly declare your religion.
o Freedom to practice: The right to perform rituals and observe religious practices.
o Freedom to propagate: The right to share your religion with others, though not to forcefully convert them.
• Equality for All: These freedoms apply equally to all persons in India, regardless of citizenship.
• Reasonable Restrictions: These freedoms are subject to "public order, morality and health" and other provisions
of the Constitution. This allows the government to impose some limitations in the interest of social harmony and
well-being.
• State and Religion: The government cannot promote any particular religion or discriminate on religious grounds.
• Significance: Article 25 promotes religious tolerance, pluralism, and peaceful coexistence of diverse faiths in India.
ARTICLE 26:
• Rights Granted: This article confers on every religious denomination the freedom to manage its religious affairs,
own and acquire movable and immovable property, and administer it according to law.
• Different from Article 25: The contrast between Articles 25 and 26 is noteworthy: while Article 25 protects
individual religious rights, Article 26 safeguards collective religious freedoms.
• Not Absolute: These rights are subject to public order, morality, and health. The state can regulate activities to
ensure these are not compromised.
• Significance:
o Protects religious denominations from government interference in their internal affairs.
o Allows religious groups to manage their institutions, finances, and practices freely.
• Examples: This right allows temples to appoint priests, churches to conduct religious services, and religious trusts
to manage their properties.
ARTICLE 27:
• Rights Granted: Article 27 prevents an individual from being compelled to pay taxes for the promotion or
maintenance of a particular religion.
• No Bias: This provision ensures the state doesn't favor or patronize one religion over another, maintaining its
secular character.
o Example: If the government proposed a tax specifically to fund the renovation of temples, this would violate
Article 27 as it singles out a particular religion.
ARTICLE 28:
o Rights Granted: It prohibits religious instructions in any educational institution that is wholly funded by the
state.
o Exception: This doesn't apply to educational institutions administered by the state but established under
endowments or trusts requiring religious instruction.
o This article safeguards the right to education free from religious bias while allowing some institutions to
maintain their religious character with complete transparency and freedom of choice for students.
CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29 -30)
The Constitution, appreciating India's vast cultural diversity, also protects cultural and educational rights under
Articles 29 and 30, ensuring that no minority group is alienated or marginalised.
ARTICLE 29:
Article 29 of the Indian Constitution is a crucial safeguard for the nation's rich diversity. It guarantees the cultural and
educational rights of minorities, ensuring India's unique languages, scripts, and traditions can flourish.
• Right to conserve culture:
o Any group of citizens with a distinct language, script, or culture has the right to preserve and promote it.
o This empowers minority communities to maintain their heritage and customs.

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PRAHAAR 2024: Indian Polity and Constitution
• Non-discriminatory education:
o No citizen can be denied admission to a state-run or state-funded educational institution solely based on religion,
race, caste, language, or any of them.
o This ensures equal access to education regardless of background, fostering inclusivity
Article 29 promotes national unity by celebrating diversity and guaranteeing cultural protections for minority groups.
ARTICLE 30:
Article 30 of safeguards the educational rights of minorities, including.
• Establishment and Administration: Religious and linguistic minorities have the right to establish and manage
educational institutions of their choice.
• Education in Mother Tongue: This right extends to providing education to their children in their own language.
• Regulation for Quality: This right is not unrestricted. The government can implement regulations to ensure the
educational quality and academic excellence of these institutions.
• Non-discrimination in Funding: The state cannot discriminate against minority-run educational institutions when
granting financial aid.
• Fair Acquisition of Property: Article 30(1A) ensures fair compensation when acquiring property belonging to a
minority educational institution.

KEYWORDS: Secularism, State Religion, Minority Rights, Religious and linguistic Minorities

REMEDIES FOR ENFORCEMENT OF RIGHTS (ARTICLE 32)

Article 32 is a cornerstone of India's Fundamental Rights enshrined in Part III of the Constitution. It guarantees the
vital right to seek judicial enforcement of these fundamental rights. Let's break down some key points about Article 32:
• Empowering Individuals: It empowers every citizen to directly approach the Supreme Court of India if they believe
their fundamental rights have been violated by the government or any other authority.
• Fundamental Rights Enforcement: It provides a mechanism to ensure these fundamental rights aren't just written
words, but enforceable legal guarantees.
• Writs for Enforcement: The Supreme Court has the power to issue writs, such as habeas corpus, mandamus
prohibition, certiorari, and quo warranto to rectify the violation.
• Parliamentary Power: Parliament can authorize other courts (like High Courts) to issue similar writs under Article
226. However, the Supreme Court's power to issue writs remains supreme.
• Significance:
o Strengthens Rule of Law: It ensures the government respects fundamental rights and acts within its legal
boundaries.
o Provides Legal Recourse: It empowers individuals to fight for their rights and seek justice.
o Protects Vulnerable Citizens: It acts as a safeguard against arbitrary actions of the state.
Article 32 is a basic feature of the Constitution. Dr Ambedkar called Article 32 as the most important article of the
Constitution ‘an article without which this constitution would be a nullity. It is the very soul of the Constitution
and the very heart of it’
WRITS
In case of the enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is original but not exclusive. It
is concurrent with the jurisdiction of the high court under Article 226.
• Habeas Corpus:
o It is an order issued by the court to a person who has detained another
person, to produce the body of the latter before it.
o The court then examines the cause and legality of detention.
o It can be issued against both public authorities as well as private
individuals.
• Mandamus:
o It is a command issued by the court to a public official asking him to
perform his official duties that he has failed or refused to perform.
o It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the
same purpose.

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• Prohibition:
o It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or
usurping a jurisdiction that it does not possess.
• Certiorari:
o It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself
or to squash the order of the latter in a case.
o It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
• Quo-Warranto:
o It is issued by the court to enquire into the legality of claim of a person to a public office.
o Hence, it prevents illegal usurpation of public office by a person.
SIGNIFICANCE OF WRITS
• Protection of Fundamental Rights: Writs provide individuals with a powerful tool to challenge violations of their
fundamental rights enshrined in Part III of the Constitution.
• Judicial Review: They empower the Supreme Court to exercise judicial review, ensuring actions by the government
and other authorities are lawful and within constitutional boundaries.
• Speedy and Effective Remedy: Writs offer a swift and effective way to seek judicial intervention compared to
lengthy court procedures.
• Ensuring Accountability: The threat of writs keeps authorities accountable for their actions and prevents arbitrary
use of power.
• Maintaining Rule of Law: Writs are crucial for upholding the rule of law by ensuring everyone, including the
government, operates within legal parameters.
ARMED FORCES AND FUNDAMENTAL RIGHTS
• Purpose: Article 33 empowers the Parliament to restrict some fundamental rights for members of the Armed
Forces, paramilitary forces, and potentially intelligence agencies (though not explicitly mentioned).
• Justification: The limitations are intended to ensure the proper discharge of duties and maintain discipline within
these forces.
• Rights Potentially Affected: While not explicitly stated, any fundamental right could be restricted under Article
33, depending on the situation. However, this power is not absolute and courts might intervene if the restrictions
are deemed excessive.
o Example: The right to freedom of speech and expression (Article 19) might be restricted for soldiers to maintain
operational secrecy or prevent insubordination.
MARTIAL LAWS AND FUNDAMENTAL RIGHTS
• Martial Law: Article 34 applies when martial law is imposed in any part of India. Martial law is a situation where
the military takes control of civilian authority to maintain order.
• Restriction on Rights: During martial law, Parliament can pass laws that restrict the fundamental rights
guaranteed by Part III of the Constitution.
• Protection for Actions: The article also allows Parliament to indemnify (protect from legal action) government
officials or any other person who takes actions "in connection with the maintenance or restoration of order" while
martial law is in force.
• Significance: Article 34 creates a balance between national security and individual rights. In extreme situations,
some rights might need limitations to restore order.
Significance of Above Provisions
• Ensures discipline and effective discharge of their duties which are crucial for national security.
• Protects government officials who take actions to maintain order in such situations.
• These articles acknowledge the need to temporarily limit some rights for the greater good of national security and
public order.
RIGHT TO PROPERTY
The 44th Amendment (1978) significantly altered the status of the right to property in India.

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PRAHAAR 2024: Indian Polity and Constitution
• From Fundamental Right to Legal Right: Prior to the amendment, the right to property was a fundamental right
under Article 31. This meant it received the highest legal protection, and any government acquisition required strict
procedures and fair compensation. The amendment downgraded it to a legal right under Article 300A.
• Easier Land Acquisition: The government now has greater flexibility in acquiring land for public purposes. This
can expedite infrastructure development and social welfare projects.
• Judicial Scrutiny Remains: Though not a fundamental right, Article 300A still mandates following "due process"
and fair treatment when acquiring property. Courts can intervene if these principles are violated. Further, courts
can still interpret "fair" treatment under Article 300A to include reasonable compensation.
• Right to Compensation: It guaranteed right to compensation-
o When the State acquires the property of a minority educational institution (Article 30)
o When the State acquires the land held by a person under his personal cultivation and the land is within the
statutory ceiling limits (Article 31 A).
Overall, the 44th Amendment aimed to balance individual property rights with the government's need for development.
While it allows for faster land acquisition, concerns about potential misuse and ensuring fair compensation remain.

KEYWORDS: Writs, habeas Corpus, mandamus, certiorari, quo warranto, prohibition, martial law, right to
compensation.

EXCEPTIONS TO FUNDAMENTAL RIGHTS

• Article 31A: This article protects five categories of laws related to agricultural land reforms and
industry/commerce from being challenged for violating the rights to equality (Article 14) and freedom (Article 19).
• Article 31B: Laws and regulations listed in the Ninth Schedule are shielded from challenges based on fundamental
rights violations. However, the Supreme Court's 2007 ruling in the I.R. Coelho case clarified that this immunity isn't
absolute. Laws added to the Ninth Schedule after April 24, 1973, can be challenged if they violate fundamental rights
or core constitutional principles.
• Article 31C (Introduced by 25th Amendment): This article aimed to:
a. Protect laws implementing socialist directive principles (Article 39(b) and (c)) from challenges based on
Articles 14 (equality) and 19 (freedom).
b. Prevent courts from questioning whether a law claiming to implement socialist policies actually achieves that
goal.
• The Supreme Court's landmark Kesavananda Bharati case (1973) declared the second provision of Article 31C
unconstitutional. Judicial review is a fundamental aspect of the Constitution, and Parliament cannot take it away.
However, the first provision of Article 31C protecting laws implementing socialist directive principles was upheld.
SIGNIFICANCE OF FUNDAMENTAL RIGHTS
• Protection from Arbitrary State Power: FRs act as a shield against arbitrary actions by the government. They
ensure the state respects basic human rights and freedoms.
• Equality and Non-Discrimination: FRs promote a society based on equality by prohibiting discrimination on
grounds of religion, race, caste, sex, or place of birth. This fosters social inclusion and justice.
• Dignity and Individual Liberty: FRs guarantee basic freedoms like speech, assembly, and movement, allowing
individuals to develop their personalities and lead fulfilling lives with dignity.
• Check on Majoritarian Rule: India's democracy is based on majority rule, but FRs prevent the tyranny of the
majority by safeguarding the rights of minorities and individuals.
• Mechanism for Judicial Review: FRs empower individuals to challenge laws or government actions that violate
their rights through the judiciary. This ensures the rule of law and a check on the executive and legislature.
ISSUES AND CHALLENGES PERTAINING TO FUNDAMENTAL RIGHTS
• Implementation Gap: Despite constitutional guarantees, there are instances where fundamental rights are not
effectively enforced, leading to violations and injustices.
• Discrimination and Inequality: Marginalized groups often face discrimination in accessing their fundamental
rights, such as the right to equality and right against discrimination based on caste, gender, religion, or ethnicity.
• Interpretation Challenges: The interpretation of fundamental rights by the judiciary can sometimes be
contentious, leading to ambiguity and inconsistency in their application.

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• Violations During Emergency: During states of emergency, there have been instances where fundamental rights,
particularly those related to personal liberty and freedom of speech, have been curtailed, raising concerns about
government overreach.
• Online Privacy and Surveillance: With the increasing use of digital technologies, concerns have emerged
regarding the protection of privacy rights and the potential for government surveillance infringing upon individual
freedoms.
WAY FORWARD
• Awareness and Education: Promote awareness campaigns and educational programs to inform citizens about
their fundamental rights and how to exercise them effectively.
• Legal Reforms: Introduce reforms to streamline the judicial process, reduce backlog, and ensure timely
adjudication of cases related to fundamental rights.
• Safeguarding During Emergencies: Strengthen legal safeguards to prevent the arbitrary suspension of
fundamental rights during states of emergency, ensuring that any limitations imposed are proportionate and
necessary.
• Privacy Legislation: Enact comprehensive legislation to safeguard online privacy rights and regulate government
surveillance practices, balancing the need for security with individual freedoms.
• Judicial Training and Capacity Building: Provide training and capacity-building programs for judges and legal
professionals to enhance their understanding of fundamental rights and improve consistency in their interpretation
and application.
• Community Engagement: Foster dialogue and engagement with communities, civil society organizations, and
stakeholders to address specific challenges and develop tailored solutions to protect fundamental rights.

KEYWORDS: Arbitrary State Power, Majoritarian Rule, online privacy, dignity and Individual liberty
ISSUES IN NEWS
MAHARASHTRA'S MARATHA RESERVATION BILL
Context: The Maharashtra legislature passed a bill granting 10% reservation for Marathas in government jobs and
educational institutions. This reservation is intended for Socially and Educationally Backward Classes (SEBCs) within
the Maratha community, excluding those deemed economically well-off ("creamy layer").
Reasons for Reservation Demands
• Structural Challenges: Marathas face declining agricultural income and struggle to adapt to the new job market.
• Job Market Discrepancies: Lower wages and instability in the private sector make public sector jobs with
reservations more desirable.
• Political Mobilization: Caste-based political movements advocating for reservations, like Marathas, are a growing
trend.
• Relative Deprivation: Marathas perceive other communities receiving reservation benefits despite facing similar
economic realities.
• Intra-community Disparity: While some Marathas are economically dominant, others are disadvantaged, leading
to demands for reservation.
Arguments for Caste-based Reservation
• Social Justice: Aims to correct historical injustices and create a level playing field for disadvantaged castes.
• Representation: Aims to ensure fair representation of marginalized communities in government jobs.
• Substantive Equality: Promotes true equality by addressing entrenched socio-economic inequalities based on
caste.
Criticisms of Caste-based Reservation
• Overlooking Other Factors: Backwardness may not solely be caste-based; factors like residence, occupation, and
economic status should be considered.
• Perpetuating Privilege: Focusing solely on caste can lead to continued advantages for those who have already
benefited.
• Hindering a Casteless Society: Reservation systems can solidify the caste system.
• Escalating Demands: Dominant castes may seek reservation benefits, creating a cycle of demands.
• Ignoring Intra-caste Inequality: Reservation based solely on caste overlooks economic disparities within
communities.

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The Way Forward
• Comprehensive Survey: A socio-economic survey is needed to accurately assess who qualifies for reservation
based on the Constitution.
• Economic Growth: Addressing rural distress, job creation, and regional development can alleviate the root causes
of reservation demands.
• Creamy Layer Exclusion: Enforcing the creamy layer criterion ensures those genuinely disadvantaged benefit from
reservation.
The Maratha reservation bill highlights the complex issue of caste-based reservation in India. While aiming for social
justice, such policies require careful consideration to achieve true equality and inclusive development.
PERSONALITY RIGHTS
Context
• A recent Delhi High Court ruling granted a well-known Bollywood actor protection from unauthorized use of their
personality rights by third parties.
• This decision reflects the growing legal recognition of the importance of safeguarding an individual's public image
and identity.
What is Personality Rights?
• Personality rights safeguard an individual's control over their identity and how it's presented.
• This includes the right to control the commercial use of your name, image, likeness, or other unique identifiers.
(Example: A celebrity suing a company for using their image without permission in an advertisement).
Significance of Personality Rights:
• Control over Identity: Ensures individuals decide how they're portrayed publicly.
• Protection from Exploitation: Prevents unauthorized commercial use of one's identity for personal gain.
• Preserves Reputation: Allows individuals to control information associated with them.
• Incentivizes Achievements: Protects the value individuals build around their name and image.
Way Forward:
• Comprehensive Legislation: A dedicated law to explicitly define and protect personality rights.
• Balancing Interests: Legislation should strike a balance between individual rights and freedom of expression.
• Public Awareness: Educating individuals on their personality rights and available remedies.
• International Harmonization: Collaboration with other countries to address online exploitation and deepfakes.
By addressing these issues, India can create a more robust system for protecting personality rights in the digital age.
CONCLUSION
True democracy could not exist without ensuring the dignity and equality of individuals against the state as well as
from social majorities. It was only with fundamental rights that an individual can rise from the status of subject to
that of ‘citizen’.
Previous Year Questions
1. The Construction of India is a living instrument with capabilities of enormous dynamism. It is a 2023
constitution made for a progressive society”. Illustrate with special reference to the expanding horizons
of the right to life and personal liberty. 15 Marks
2. “Right of movement and residence throughout the territory of India are freely available to the Indian 2022
citizens, but these rights are not absolute. “Comment.
3. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on 2017
Right to Privacy.
4. Does the right to clean the environment entail legal regulations on burning crackers during Diwali? 2015
Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this
regard.
5. What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech 2014
also? Why do the films in India stand on a slightly different plane from other forms of expression?
Discuss.
6. Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. 2013

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5 DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs) (PART IV, ARTICLE 36-51)

The Indian Constitution's Directive Principles of State Policy (DPSPs) are a set of guidelines that outline the
government's vision for promoting social and economic justice for all citizens. They were inspired by similar
principles found in the Irish Constitution. Unlike Fundamental Rights, which are justiciable (enforceable by courts),
DPSPs are not legally enforceable. However, they play a crucial role in shaping government policies and legislation.
FEATURES/SIGNIFICANCE OF THE DPSPs:
• Social, Economic, and Political Justice: They aim to establish a social order where justice prevails in all spheres -
social, economic, and political.
• Non-Justiciable: Unlike Fundamental Rights, they cannot be directly enforced through courts.
• Directive in Nature: They provide direction and guidance to the government in formulating policies to achieve the
stated goals.
• Grounded in Socialist Ideals: They promote ideas like equitable distribution of wealth, securing a just and humane
work environment, and providing opportunities for all.
• Framework for Governance: DPSP provides a long-term vision for the Indian government, directing its efforts
towards establishing an egalitarian society.
• Bridge the Gap: The DPSP bridges the gap between fundamental rights and their practical realization. By outlining
the state's responsibility to fulfill these rights, they move towards a more equitable society.
CONFLICT BETWEEN DPSP AND FR
The Indian Constitution creates a potential clash between fundamental rights (FRs) and Directive Principles of State
Policy (DPSPs). FRs are enforceable by courts, while DPSPs are guidelines for the state. This conflict can be understood
with key Supreme Court judgements:
Champakam • Court's Ruling: The Supreme Court acknowledged Article 37, which states that Directive
Dorairajan Case Principles are not enforceable by courts.
1951 • Fundamental Rights Take Priority: The Court declared that the chapter on Fundamental
Rights is paramount. Directive Principles must be compatible with and subordinate to the
Fundamental Rights.
• Precedence Established: This landmark judgment established the principle that
Fundamental Rights take precedence over Directive Principles of State Policy (DPSPs) in
cases of conflict.
Golak Nath Case • The court in this case laid down that Fundamental Rights cannot be abridged/ diluted to
1967 implement the directive principles.

Kesavananda • Basic Structure Doctrine: The Supreme Court ruled that Parliament can amend the
Bharati Case Constitution (including FRs) to implement DPSPs, but the "basic structure" of the
1973 Constitution (including FRs) cannot be destroyed.
Minerva Mills • Balance Between FR and DPSP: The Supreme Court held that the Constitution exists on the
Case 1980 balance of Part III and Part IV. Giving absolute primacy to one over other will disturb the
harmony of the Constitution. The Constitution Bench had held that the Fundamental Rights
and the Directive Principles are two wheels of the chariot in establishing the egalitarian social
order.
• After the Minerva Mills Case, The Supreme Court held the view that there is no conflict between the Fundamental
Rights and the DPSP and they were complimentary of each other. There was no need to sacrifice one for the sake of
the other.
The judiciary has strived to maintain a balance between individual rights and the state's welfare goals. While FRs
prevail, DPSPs can guide legislation as long as they don't unreasonably restrict fundamental rights. This ongoing
dialogue ensures the Constitution remains relevant and adaptable.

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UNIFORM CIVIL CODE: QUEST FOR A UNIFORM CIVIL CODE - A PATH TOWARDS A UNIFIED NATION
• The UCC is a directive principle in the Indian Constitution that calls for the creation of a common set of laws
governing personal matters for all Indian citizens, regardless of their religion.
• The UCC would typically apply to matters of personal life such as: Marriage, Divorce, Inheritance, Adoption
• Presently, various religious communities have their own personal laws based on religious scriptures and customs.
UCC will promote equality before the law and national integration by removing these religion-based discrepancies.
KEY DEVELOPMENTS AND LEGISLATION
Pre-Independence:
• Lex Loci Report (1840): Emphasized the need for uniform codification of laws, but suggested exclusion of personal
laws.
• Queen's 1859 Proclamation: Promised non-interference in religious matters.
• BN Rau Committee (1941): Established to codify Hindu law due to increasing legislation on personal matters.
Post-Independence:
• Inclusion in DPSP (Directive Principles of State Policy): Indicated the aspiration for UCC.
• Hindu Succession Act 1956: Codified law for intestate succession among Hindus, Buddhists, Jains, and Sikhs.
• Special Marriage Act 1954: Provided a legal framework for civil marriages outside religious personal law.
Supreme Court Verdicts:
• Shah Bano Case (1985): Called for Parliament to outline the UCC.
• Sarla Mudgal Case (1995): Addressed the issue of bigamy and conflict between personal laws on matters of
marriage.
• Shayara Bano Vs. Union of India Case (2017): Challenged the practice of Triple Talaq and declared it
unconstitutional.
Uttarakhand Makes History with Uniform Civil Code
Uttarakhand became the first state in India to pass a Uniform Civil Code (UCC) bill. This legislation aims to establish
a common set of laws governing personal matters like marriage, inheritance, and property rights for all residents,
except for tribal communities.
Key Provisions
• Applicability: Applies to all residents except those protected under tribal laws.
• Registration: Requires compulsory registration of marriages within 60 days and live-in relationships within a
month. (Excludes LGBTQIA+ partnerships)
• Marriage Practices: Bans polygamy, nikah-halala, and triple talaq.
• Children's Rights: Grants legal recognition to children born from voidable marriages and live-in relationships.
• Inheritance: Ensures equal property rights for sons and daughters, abolishing the coparcenary system and
providing equal inheritance rights.
The Need for Uniform Civil Code:
• Equality for All: A UCC would eliminate discriminatory practices based on religion in personal laws, guaranteeing
equal rights and opportunities for all citizens. Art 14, 15
• Promoting Gender Equity: By overriding existing personal laws, a UCC could remove gender-based biases,
promoting a more just society. Sdg 5
• Strengthening Secularism: A UCC aligns with India's secular principles by establishing a common set of laws
applicable to all citizens, regardless of religion. Basic structure - SR bommai
• Freedom of Choice: A UCC based on civil law principles would provide greater freedom for individuals to choose
their partners without religious or caste restrictions.
• Protecting Vulnerable Groups: A UCC could offer stronger safeguards for the rights of women and religious
minorities who might be disadvantaged by existing personal laws. Eg polygamy still practiced
• Mark of Progressive Society: Implementing a UCC can be seen as a step towards a more progressive and inclusive
society, moving beyond religious and caste divisions.
Challenges and Issues:
• Religious Interference: The UCC might be seen as an infringement on religious freedom, restricting personal
matters traditionally governed by religious codes. creating constitutional conflict art 14 vs 25

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• Minority Apprehensions: Minority communities may fear the imposition of a majority-driven code, leading to the
erosion of their unique cultural and legal traditions.
• Threat to Diversity: Enforcing uniformity through a UCC could potentially undermine India's rich tapestry of
cultural and religious practices.
• Drafting Difficulties: Creating a UCC universally acceptable to all religious communities poses a significant drafting
challenge. Difficult to make consensus
• Law Commission's Stance: The 2018 Law Commission Report recommended codifying existing personal laws
rather than implementing a complete UCC.
• Potential Constitutional Conflict: A UCC might raise concerns about balancing the right to equality (Article 14)
with the freedom to practice and propagate religion (Article 25).
WAY FORWARD
• Piecemeal Approach: Consider a gradual introduction of the UCC in stages to allow for smoother adaptation and
minimize disruption.
• Equality at the Forefront: Throughout the codification process, prioritize achieving equity and equal treatment for
all citizens under the law.
• Open Discussion: Encourage public debate and discussion on the proposed codified personal laws to ensure
transparency and address concerns.
• Involving Experts: Ensure the drafting process includes consultations with legal and social experts to represent
the diverse perspectives of different communities.
• Establishing Universal Principles: Develop the UCC based on universal principles that promote fairness and
equality for all individuals.
The implementation of a Uniform Civil Code (UCC) could be a significant step towards a more inclusive, equal, and
secular India. However, achieving this goal requires a sensitive approach. Widespread consultations and a commitment
to respecting India's rich cultural diversity are crucial. While striving for uniformity, the process must safeguard the
nation's pluralism and ensure that every citizen feels acknowledged, heard, and respected.

KEYWORDS: Instrument of Instructions, non-justiciable, Framework for Governance, Welfare State; Economic
democracy; Social and Economic, Democracy.

RIGHT TO HEALTH
• Articles 38, 39, 42, 43, & 47 put the obligation on the state in order to ensure the effective realization of the right to
health.
Efforts towards right to health in recent times:
• Recently, the Chief Minister of Rajasthan announced the implementation of the Rajasthan Model of Public Health
that would include a Right to Health as well as measures for preventive, primary and curative care as envisioned by
the World Health Organisation (WHO).
• Govt efforts to ensure Right to health:
o Budget 2021-22 announced various Aatmanirbhar Bharat Abhiyaan packages by the Government of India, which
also include several short-term and longer-term measures to strengthen the health sector.
o Production-Linked Incentive schemes have been announced to boost domestic manufacture of pharmaceuticals
and medical devices.
o To facilitate access to subsidised grains across the country, the ‘One Nation One Ration Card’ scheme has been
enabled in 32 States/Union Territories covering 690 million beneficiaries.
o Allocations for water, sanitation, nutrition and clean air: The National Health Policy (NHP), 2017, highlights
the close links between health, water and sanitation.
o Pneumococcal vaccine : Budget 2021 was the government’s decision to expand the coverage of the
pneumococcal vaccine across the country.
o Pneumococcal pneumonia is a major killer of children under the age of five years. Once universalised, this
indigenously developed vaccine could save up to 50,000 lives annually.
Previous Year Question
1. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as 2015
provided for in the Directive Principles of State Policy.

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PRAHAAR 2024: Indian Polity and Constitution

6 FUNDAMENTAL DUTIES (PART IV A, ARTICLE 51A)

The Indian Constitution, while outlining fundamental rights for citizens, also emphasizes their corresponding duties.
These duties, enshrined in Part IV-A (Article 51A), are not enforceable by law but serve as moral and ethical guidelines
for responsible citizenship.
Features of Fundamental Duties:
• Introduced in 1976: Originally not part of the Constitution, these duties were added through the 42nd Amendment
Act in 1976.
• Promoting Patriotism and Social Values: They aim to foster a sense of patriotism, national unity, and social
responsibility among citizens.
• Respecting Institutions: Duties include upholding the Constitution, respecting the National Flag and Anthem, and
valuing India's rich composite culture.
• Social Harmony and Environmental Protection: Promoting harmony among all communities and protecting the
environment are also emphasized.
• Individual and Collective Striving: Duties encourage citizens to strive for excellence in their endeavors,
contributing to the nation's progress.

Conflict between Fundamental Duties and Rights

• The relationship between Fundamental Duties and Fundamental Rights was elaborated by the Supreme Court
following the judgment in the Kesavananda Bharati case.
• The apex court opined that the Fundamental Rights and Directive Principles of State Policy are complementary
to each other, each supplementing the role of the other in establishing a welfare state.

RIGHTS AND DUTIES

The concept of interconnected rights and duties is a cornerstone of a healthy society and political system. This principle
is enshrined in India's Constitution, which outlines both fundamental rights – what citizens can expect from the state –
and fundamental duties – the responsibilities citizens owe to the state and society.
Philosophical and Constitutional Underpinnings:
• Mahatma Gandhi's Vision: In his work "Hind Swaraj," Mahatma Gandhi emphasizes that "Real rights are a result
of the performance of duty." This powerful statement underscores the inherent connection between rights and
duties, suggesting they are two sides of the same coin.
• Harold Laski's Perspective: Political theorist Harold Laski echoed this sentiment, proposing that "one man's right
is also his duty." This emphasizes that every right we enjoy comes with a corresponding responsibility.
Supreme Court Verdicts Related to Fundamental Duties
• The case of A.I.I.M.S. Student’s Union v. A.I.I.M.S affirmed that fundamental duties are equally important as
fundamental rights.
• Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh expanded the concept of duties to include
environmental responsibilities for both the government and individuals.
• The Supreme Court’s Ranganath Mishra judgement (2003) argued for the enforcement of fundamental duties
through both legal and social sanctions.
Benefits of Synchronizing Rights and Duties
A healthy society relies on a strong connection between rights and duties. They function as complementary aspects of
a balanced social contract.
• Duties as Responsibility Reminders: Duties serve as a vital reminder of the responsibilities that come with
enjoying rights. This fosters a sense of accountability and encourages individuals to use their rights constructively.
• Safeguarding Individual Liberties: Fulfilling one's duties can actually strengthen individual liberties. By
participating responsibly in society, individuals contribute to an environment where everyone's rights are
respected.

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PRAHAAR 2024: Indian Polity and Constitution
• Promoting Social Capital: Duties contribute to a strong social fabric (social capital) by encouraging mutual respect
and cooperation. When everyone fulfills their responsibilities, society as a whole benefits.
• Supporting State Goals and Voluntary Service: Fulfilling duties helps the state achieve its goals for the common
good. Additionally, duties can inspire voluntary service, promoting a sense of civic engagement.
• Ensuring Peace and Harmony: A society where individuals exercise their rights responsibly and contribute
through duties is more likely to be peaceful and harmonious.
Challenges in Balancing Rights and Duties
While the link between rights and duties is crucial, achieving a perfect balance can be challenging:
• Justiciability vs. Enforcement: Rights are typically enforceable in courts (justiciable), while duties are often not.
This difference in legal status can create a perception that rights are more important.
• Nature of Rights and Duties: The nature and scope of rights and duties can differ significantly. In some cases, they
might even seem to conflict.
• Vagueness and Subjectivity: Some duties can be vaguely defined or subjective, leading to clashes with religious
beliefs or established societal norms. Eg protection of cows
• Rights as Preconditions: Fulfilling certain rights might be a prerequisite for fulfilling duties. For example, one's
right to education allows them to acquire the knowledge and skills needed to fulfill their civic duties.
Criticisms of Fundamental Duties:
• Incomplete List: Critics argue that the list of fundamental duties is not exhaustive. It may not cover all the important
duties expected of a responsible citizen. Eg taxation
• Unclear Wording: Some duties are phrased vaguely, potentially leading to confusion or misinterpretation.
• Questionable Inclusion: Some critics question the necessity of including these duties in the Constitution, arguing
they are moral principles understood by most citizens.
• Limited Weight: Since the fundamental duties are placed as an appendix to Part IV of the Constitution, they lack
the legal enforceability of fundamental rights, diminishing their perceived importance.
Enforcement through Legislations:
The Fundamental Duties, while not directly enforceable by law, find echoes in various existing legislations. Here are
some examples:
• Prevention of Insults to National Honour Act, 1971: This law aligns with the duty to uphold and protect the
sovereignty and integrity of India.
• The Protection of Civil Rights Act, 1955: This act prohibits discrimination based on religion, race, caste, sex, or
place of birth, upholding the duty to promote harmony and the spirit of common brotherhood amongst all Indians.
• Indian Penal Code, 1860: Several sections of the IPC, like those against theft or vandalism, indirectly reinforce the
duty to respect the rights of others and the property of the public.
• Wildlife (Protection) Act, 1972: This act protects wildlife, corresponding to the duty to protect and improve the
environment and to have compassion for all living creatures.
• Forest (Conservation) Act, 1980: This act safeguards forests, aligning with the duty to protect and improve the
natural environment.

The Fundamental Duties, enshrined in the Indian Constitution, serve as a moral obligation for all citizens, even though
they lack direct legal enforcement. They remind us that the fundamental rights we enjoy come with corresponding
responsibilities. In the face of future challenges similar to the COVID-19 pandemic, upholding these duties alongside
our rights is more crucial than ever.

KEY WORDS: Social and political life; Harmonious society; Judicial interpretations; Democratic society

Previous Year Question

1. Indian constitution exhibits centralising tendencies to maintain unity and integrity of the nation. 2020
Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005
and recently passed Farm Acts.

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PRAHAAR 2024: Indian Polity and Constitution

7 CITIZENSHIP (PART II, ARTICLE 5-11)

The concept of citizenship forms the foundation of a democratic nation. It defines the relationship between an
individual and the state, outlining the rights, privileges, and duties that bind them. The Indian Constitution dedicates a
significant portion to this topic, with Part II and Articles 5-11 providing detailed provisions on citizenship. These
provisions initially established automatic citizenship rights, outlined methods for acquiring and relinquishing them,
and empowered the Parliament to legislate further on this subject.
CITIZENSHIP ACT 1955
• The Act consolidated the law relating to citizenship in India and outlined five ways for acquiring citizenship: Birth,
Descent, Registration, Naturalization, and Incorporation of territory. This act has been amended in 1986, 2003 and
recently in 2019.
The Overseas Citizenship of India (OCI):
• Introduced by The Citizenship (Amendment) Act, 2005.
• Allows foreigners of Indian origin and spouses of Indian citizens or OCI cardholders to work and live in India
indefinitely.
ISSUES IN NEWS
108 Migrants from Pakistan Granted Indian Citizenship in Gujarat
Context
• A 2021 Ministry of Home Affairs Order empowers District Collectors in specific districts across Gujarat,
Chhattisgarh, Rajasthan, Haryana, and Punjab to handle citizenship applications. Under this, few migrants from
Pakistan were recently awarded citizenship.
• This Order applies to applications from minority communities in Afghanistan, Bangladesh, and Pakistan.
Acquisition of Indian Citizenship
There are four main ways to acquire Indian citizenship:
• By Birth: This applies if you were born in India after January 26, 1950, with some variations depending on the
specific date and your parents' citizenship status.
• By Descent: This is an option if you were born outside India on or after January 26, 1950, to a parent who was an
Indian citizen at the time.
• By Registration: This path is for people of Indian origin who have lived in India for seven years or are married to
an Indian citizen and have resided in India for seven years before filing an application.
• By Naturalisation: This is a more general category for people who aren't covered by the above and want to become
Indian citizens. There are requirements for residency, good character, intent to reside in India permanently etc and
other qualifications outlined in the Third Schedule of the Citizenship Act, 1955 .
CITIZENSHIP (AMENDMENT) RULES, 2024
Context
• The Ministry of Home Affairs (MHA) has taken a significant step towards implementing the Citizenship Amendment
Act (CAA) of 2019. Recently, they amended the Citizenship Rules, 2009, and notified the Citizenship (Amendment)
Rules, 2024.
• The CAA was passed by Parliament in December 2019 under Article 11 of the Constitution, granting the President's
assent. However, the lack of implementing rules by the MHA prevented the Act from being enforced.
Highlights of Rules 2024
• Who Can Apply? - The Citizenship (Amendment) Rules, 2024 offer a path to citizenship for several categories of
people, including:
o Individuals with Indian heritage
o Spouses of Indian citizens
o Children of Indian citizens
o Individuals with historical ties to India
• Additional Requirements: Applicants seeking citizenship by naturalization will need to:
o Submit statements verifying their application details and character references

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PRAHAAR 2024: Indian Polity and Constitution
o Demonstrate proficiency in an Indian language mentioned in 8th Schedule
• Simplified Proof: The new rules ease the burden of proving nationality. Applicants can now use various documents
as entry proof, including visas, residence permits, and even Aadhaar cards.
• Renouncing Prior Citizenship: If granted Indian citizenship, applicants must renounce any existing citizenship.
• Application Process: Applications are submitted electronically to an Empowered Committee via a designated
District Level Committee.
The Citizenship Amendment Act (CAA) of 2019:
• Objective: The CAA amends India's Citizenship Act to offer a path to citizenship for specific religious minorities.
• Beneficiary: The law expedited citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered
India from Pakistan, Bangladesh, or Afghanistan before December 31, 2014, if they faced religious persecution in
their home country.
• Exemptions: These minorities are exempt from certain provisions of the Foreigners Act and Passport Act if they
entered India before the cut-off date.
• Reduced Residency Requirements: The CAA reduces the residency requirement for citizenship by naturalization
from 11 years to 5 years for these groups.
Arguments In Favour of the Act:
• Humanitarian Relief: The CAA offers a pathway to citizenship for persecuted minorities facing religious
discrimination in Pakistan, Afghanistan, and Bangladesh.
• Distinguishing Immigrants: The Act aims to identify and provide a legal path for refugees while managing illegal
immigration.
Concerns and Criticisms:
• Date of Entry: The cut-off date for eligibility (December 31, 2014) seems arbitrary.
• Potential Discrimination: The Act's focus on religion might violate India's commitment to equality and secularism.
• Proof of Persecution: Concerns exist regarding the lack of a clear system to verify claims of religious persecution.
• Unequal Treatment: The exclusion of persecuted minorities from other countries and religions raises questions of
fairness.
• International Relations: The Act could strain relations with neighboring countries.
Way Forward:
While the CAA aims to help refugees, addressing the raised concerns is crucial for a just and inclusive approach. Since
the CAA discriminates based on religion, it strikes at the root of the concept of secularism, which is the basic structure
of the Constitution. Therefore, the CAA can be made religion-neutral by granting citizenship to all persecuted persons.
However, process of such induction should be careful and gradual, keeping in mind the concerns of National Security.

KEYWORDS: Citizenship, Friendly aliens, Enemy aliens, Overseas citizen, Citizenship by Naturalization, Single
citizenship.

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PRAHAAR 2024: Indian Polity and Constitution

8 SCHEDULED AND TRIBAL AREAS (PART X, ARTICLE 244 -244 A)

Part X of the Indian Constitution, specifically Article 244, outlines a special administrative system for designated
regions known as "scheduled areas" and "tribal areas." These areas are home to a significant tribal population and
require a unique approach to administration to ensure their welfare and development:
1. Scheduled Areas: These are regions with a significant tribal population. They are given special provisions for self-
governance and cultural protection under the Fifth Schedule of the Constitution.
2. Tribal Areas: These areas, located in the states of Assam, Meghalaya, Tripura, and Mizoram, are administered by
the central or state government with a focus on tribal welfare. The Sixth Schedule of the Constitution deals with
the administration of these Tribal Areas
FIFTH SCHEDULE
• India's Fifth scheduled areas receive special treatment due to the unique needs of their inhabitants. These areas are
home to indigenous communities, who often face social and economic challenges.
• The government recognizes the need for additional support in these regions. As a result, the standard administrative
system is adapted to provide these communities with the resources they need to thrive. This includes a greater role
for the central government in ensuring their well-being.
KEY FEATURES OF SCHEDULED AREAS ADMINISTRATION
• Identifying Scheduled Areas: The President has the authority to designate specific areas as "Scheduled Areas"
based on several factors:
o High Tribal Population: The area should have a significant concentration of tribal communities.
o Geographical Considerations: The area should be geographically compact and of a reasonable size.
o Administrative Unit: The area should be a viable administrative unit like a district, block, or a smaller tribal
unit.
o Economic Disparity: The area should be economically disadvantaged compared to surrounding regions.
• Shared Governance:
o State Administration: State governments have executive power over Scheduled Areas within their borders.
o Central Oversight: The Governor of the state is accountable to the President for the administration and must
submit annual reports. The central government can also issue directives to the state regarding the management
of these areas.
• Tribal Advisory Council: States with Scheduled Areas must establish a Tribes Advisory Council. This council, with
a majority of tribal representatives from the state legislature, advises the Governor on matters related to the welfare
and development of Scheduled Tribes.
• Legal Framework
o Adapting Existing Laws: The Governor can modify or exclude the application of specific central or state laws
within a Scheduled Area.
o Creating Custom Regulations: The Governor, with the Tribes Advisory Council's consultation, can make
regulations for maintaining peace and good governance within the Scheduled Area. These regulations may:
▪ Control land transfer among tribal members; Regulate land allotment to tribal communities; Oversee money
lending businesses operating in the area; Override existing central or state laws (subject to Presidential
approval)
• PESA, 1996: The Provisions of Panchayat (Extension to Scheduled Areas) Act, 1996 is applicable in Fifth Schedule
Areas.
• Appointment of commission: The President may at any time and shall, at the expiration of ten years from the
commencement of this Constitution by order appoint a Commission to report on the administration of the
Scheduled Areas and the welfare of this Scheduled Tribes in the States (Article 339)
• Amendment to 5th & 6th schedule: Any amendment can be done without invoking Article 368 for both fifth and
Sixth Schedule.
Challenges to PESA Implementation
• Limited Resources: The lack of "3 Fs" (Funds, Functions, and Functionaries) hinders effective PESA
implementation.

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PRAHAAR 2024: Indian Polity and Constitution
• Bureaucratic Hurdles: Officials often hold final sway, undermining Gram Sabha decision-making.
• Public Awareness Gap: Limited knowledge among ordinary people about PESA and Gram Sabha functions weakens
participation.
• Ignoring Tribal Rights: Land acquisition happens without Gram Sabha consent, violating PESA principles.
• State Laws in Conflict: State laws for Scheduled Areas often contradict the spirit of the central PESA Act.
• Duplication of Efforts: Subsequent laws, like the Land Acquisition Act 2013, reiterate PESA provisions, creating
confusion.
Way Forward
• Empowering Representatives: Training programs for elected officials will enhance their capacity to effectively
lead Gram Sabhas.
• Building Awareness: Legal education for all stakeholders, including community members and officials, is crucial
for a Gram Sabha's smooth operation.
• Supporting Tribal Rights: Civil society should actively promote a rights-based approach to protect the rights of
tribal communities.
• Implementing PESA: The central government should urge states to swiftly amend existing laws to fully comply
with the Provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA).
• Resource Management: Amendments to relevant acts like the Indian Forest Act and Land Acquisition Act are
necessary to transfer ownership of minor forest produce, water bodies, and land resources to Gram Sabhas in PESA
areas.
Government Initiatives 5 lakh ha of forest land saved from diversion in india
• Forest Rights Act, 2006: This Act aims to recognize and vest forest rights in forest-dwelling Scheduled Tribes.
• Vanbandhu Kalyan Yojana: This welfare scheme seeks to uplift tribal people and improve the quality of tribal
students’ education.

KEYWORDS: Scheduled Areas, Tribes Advisory Council, PESA, self-governance rights

SIXTH SCHEDULE
The sixth schedule contains special provisions for the administration of tribal areas in the four north-eastern states of
Assam, Meghalaya, Tripura and Mizoram.
Why Special Arrangements for Assam, Meghalaya, Tripura & Mizoram?
• Distinct Cultural Identity: The Constitution grants special autonomy to these four northeastern states (Assam,
Meghalaya, Tripura, and Mizoram) due to their unique cultural identity.
• Different from Other Tribes: Unlike tribal communities in other parts of India who have assimilated with the
dominant culture, the tribes in these states have largely preserved their traditional way of life, customs, and
civilization.
• Protecting Cultural Roots: This distinct cultural identity necessitates special arrangements to ensure self-
governance and autonomy, allowing these tribes to preserve their heritage.
Features of administration in 6th schedule areas:
• Governor's Authority: The Governor holds the power to: Define and modify the boundaries of autonomous
districts and Divide districts with diverse tribes into separate region.
• Autonomous districts: The tribal areas in these states have been constituted as autonomous districts, each of
which has an autonomous district council and each autonomous region has a separate regional council consisting
of 30 members (26 elected for 5-year term and 4 nominated by Governor). These districts exist within the states
but have some self-governing powers.
• District and Regional Councils: Elected representatives form these councils to manage their respective areas.
• Legislative Powers: Councils can make laws on specific matters like land management, social customs, and village
administration. However, these laws require the Governor's approval.
• Judicial Powers: Councils can establish courts to handle tribal disputes within their jurisdiction, with limitations
set by the Governor on appeals reaching the High Court.
Btc happiness mission
• Development Initiatives: Councils can undertake activities like building schools, healthcare facilities, and
infrastructure within their districts. They can also regulate business activities by non-tribals.
• Financial Autonomy: Councils have the power to collect taxes.

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PRAHAAR 2024: Indian Polity and Constitution
• Limited Application of Laws: Central and state laws may not apply automatically to autonomous districts or may
require modifications. Art 244 (2) - State cannot make laws for adcs but can amend or repeal
• Governor's Oversight: The Governor can appoint commissions to evaluate the administration and dissolve
councils based on recommendations
Issues and Challenges in Sixth Schedule areas
• Limited Financial Autonomy: Councils lack the financial resources to effectively implement their legislative and
development plans.
• Governor's Overshadowing Authority: Extensive powers vested in the Governor can hinder the autonomous
functioning of Autonomous District Councils (ADCs).
• Uneven Distribution of Power: Significant variation exists in the level of power and departments allocated to
different Councils, leading to discontent among some.
• Uncertain Governance: No set timeframe for reconstituting dissolved ADCs creates uncertainty and delays
elections.
• Departmental Handover Issues: Delays or resistance in transferring relevant departments to the control of ADCs.
• Underrepresentation: The structure lacks provisions to ensure adequate participation of women and smaller
tribal groups within the Councils.
Way Forward
• Funding: Autonomous District Councils (ADCs) need guaranteed funding from the State Finance Commission to
eliminate dependence on arbitrary state government decisions.
• Timely Elections: Ensure timely reconstitution of ADCs within six months of their dissolution to avoid governance
gaps.
• Traditional Institutions: Formally recognize village and hamlet-level tribal political structures for inclusive
decision-making.
• Women's Empowerment: Mandate reservation of seats for women representatives in ADCs to break gender
barriers in tribal politics.
• Representation for All: Allocate seats in ADCs and other bodies for smaller tribal communities to ensure their
voices are heard.
These measures are crucial to address the gap between constitutional protections and the lived realities of tribal
communities. They will strengthen tribal self-governance, preserve cultural identity, and contribute to India's rich
identity.

KEYWORDS: Tribal areas, Tribal Rights, Autonomous Districts, Regional and District Councils

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PRAHAAR 2024: Indian Polity and Constitution

9 EXPLORING ISSUES AND CHALLENGES IN INDIA’S FEDERAL STRUCTURE

Indian Federalism is often described as cooperative federalism or quasi-federalism. The Constitution divides power
between the central government and the states, but the center holds some stronger cards. This unique system balances
national unity with regional diversity. Exploring issues and challenges in India's federal structure entails a deep
examination of Indian federalism, its comparison with global models, and consideration of its challenges and
contemporary implications.
INDIAN FEDERALISM: A UNIQUE MODEL
• Federalism Defined: Federalism is a system of government where power is shared between a central authority
and its constituent political units, such as states or provinces. India's federal system is unique, often described as
"quasi-federal" or "federation sui generis" (meaning "a federation of its own kind").
• Indian vs. American Federalism: A key distinction exists between Indian and American federalism. In the United
States, the federal government arose from an agreement among independent states. In contrast, India's states were
created from a unified territory, with powers subsequently distributed to ensure efficient administration and
governance.
FEATURES OF INDIAN FEDERALISM
India's federal system incorporates several key features:
• Dual Government: The system comprises two levels of government: the Central government and State
governments.
• Division of Powers: The Seventh Schedule of the Constitution clearly divides legislative powers between the Centre
and the States.
• Written Constitution: A written Constitution serves as the supreme law, outlining the structure and powers of both
levels of government.
• Supremacy of the Constitution: The Constitution is the ultimate authority, and all laws and actions must be
consistent with its provisions.
• Rigid Constitution: The Constitution can be amended, but the process is relatively complex, ensuring its stability.
• Independent Judiciary: An independent judiciary interprets the Constitution and resolves disputes between the
Centre and States.
• Bicameralism: The Parliament consists of two houses - the Lok Sabha (lower house) and the Rajya Sabha (upper
house) - representing both national and state interests.
UNITARY FEATURES OF INDIAN CONSTITUTION
• Single Constitution: A single Constitution applies to both the Union and all States, providing a sense of national
unity.
• Single Citizenship: There is only one Indian citizenship, promoting a sense of national identity.
• Integrated Judiciary: Though with some federal elements, the Indian judiciary functions as a single integrated
system
• Division of Powers: The Constitution distributes power between the central government and states through three
lists: Union List (national matters), State List (local matters), and Concurrent List (shared matters). However, the
Centre has more control in case of conflicts. More powers + residuary powers
• Emergency Powers: During emergencies, the Centre gains significant power, including making laws on state
subjects and taking over state administration.
• All-India Services: The IAS, IPS, etc., are recruited by the Centre but serve in states, creating uniformity and central
influence.
• Role of the Governor: Appointed by the Centre, the Governor can hold certain state bills, raising concerns about
central bias.
• Parliament's Power over State Territories: The Centre can alter state boundaries or create new states without
state consent.
• Centralized Fiscal Architecture: Financial resources are largely controlled by the Central government, with some
devolution to States. Conc - SR BOMMAI - FEDERALISM IS BASIC feature

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PRAHAAR 2024: Indian Polity and Constitution

While these features lean towards a strong Centre, it is also true that the Indian Constitution provides for
cooperative federalism, encouraging the Centre and States to work together for national progress. The GST
Council, an example of cooperative federalism, is a constitutional body that makes recommendations on GST
rates and includes representatives from the Centre and all States. Eg Kerala gov
sitting on state
CHALLENGES TO INDIAN FEDERALISM
bills
• New State Formation: Central power to alter state boundaries and names raises concerns about state autonomy.
• Governor's Role: The central government's representative, the Governor, can act against state interests.
• Rajya Sabha Representation: Population-based representation in the Rajya Sabha creates an imbalance compared
to equal state representation in a true federation. Betw big and small states
• All India Services: While these services provide administrative uniformity, they can limit state control over their
own executives (IAS, IPS etc.).
• Emergency Powers: The Centre's ability to impose emergencies undermines state autonomy during those periods.
• Central Control Mechanisms: Integrated control of elections, auditing, and the ability to veto state bills restricts
state autonomy.
Centralized financial mechanism
Drawbacks in the existing structure: Leads to --
Apart from the above challenges there are certain loopholes in the existing federal structure.
• Inefficient Coordination: Poor collaboration between central and state governments leads to duplication of efforts
and wasted resources.
• Conflicting Jurisdictions: Overlap in areas like education and forestry leads to disputes between central and state
governments.Eg - 3 farm acts under trade and commerce of concurrent list but it has impacts on agri which is a state
subject
• Centralized Planning: Past planning methods have neglected specific needs of states, hindering their growth.
• Financial Imbalance: The central government controls most financial resources, creating dependence on grants
and uneven development across states.
• Political Gridlock: Political differences can stall cooperation and hinder effective policy implementation.

India's federal structure, balancing federal and unitary elements, despite issues like unequal representation and
limited autonomy, has proven adaptable. Current trends suggest a shift towards cooperative federalism, necessitating
Centre- State collaboration. To make this truly effective, addressing power imbalances and seeking equitable power
distribution is critical. A strong, responsive federal system is essential for maintaining political stability and vibrant
democracy. Sarkaria comm- governor's neutrality , centre state rel

KEY WORDS: Federation sui generis; Indian Federation vs. American Federation; Seventh Schedule; Division of
Powers; Cooperative Federalism; Representation in Rajya Sabha; State Autonomy; Financial Devolution; Inter-State
Disputes.

ASYMMETRIC FEDERALISM IN INDIA Special category status Art 371 - ne states

In the context of India's vast and diverse society, asymmetric
federalism emerges as a concept that acknowledges the need
for unequal power-sharing between the center and states,
and even among different states themselves. This approach
deviates from the traditional federal model of uniformity,
recognizing the distinct needs and historical backgrounds of
various regions.
Why India Needs Asymmetric Federalism
• Strengthens Unity: Autonomy fosters a sense of
ownership and reduces separatist movements, Fig.: Centralising Features of the Indian Constitution
promoting national unity.
• Celebrates Diversity: It upholds "Unity in Diversity" by protecting vulnerable groups with special rights.
• Promotes Social Justice: Special provisions help achieve social justice by addressing historical disadvantages.
• Strengthening Democracy and Representation: Asymmetric federalism ensures representation of minority
areas, thereby reinforcing democracy.

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PRAHAAR 2024: Indian Polity and Constitution
• Preserves Culture: Provisions like Article 371 empower northeastern states to maintain their unique customs,
laws, and traditions.
• Empowers Minorities: Asymmetrical federalism ensures representation for diverse regions, strengthening
democracy.
• Counters Radicalization: Increased regional control helps counter radicalization and integrate communities into
national development.
Asymmetric federalism is an integral part of India's complex and layered federal structure. It provides a unique
framework to deal with India's incredible diversity and varied regional requirements. However, it's crucial to address
the challenges it poses and strive for a more transparent and rules-based asymmetry.

KEY WORDS: Asymmetric Federalism; Constituent Units; Securing Rights; Ethnicity and Culture Protection; Social
Fabric; Democracy and Representation; Unity in Diversity; Social Justice; Centre-State Conflicts; Anti-Egalitarian
Nature; Constitutional Provisions.

CENTRE- STATE RELATIONSHIP

India, being a federal union of states, operates on the principle of distribution of power between the Centre and
States. This relationship is enshrined in the Indian Constitution and represents a multi-level governance framework,
essential for India's stability, security, and economic development.

Key Supreme Court Cases

• S R Bommai Vs Union of India (1994); B P Singhal Vs Union of India (2010); Kuldip Nair Vs Union of India (2006)
Current Tensions in Centre-State Relations
• Central Overreach Concerns:
o Misuse of Article 356: Concerns exist regarding the central government's potential misuse of Article 356, which
allows them to impose President's Rule in states.
o Governor's Appointment and Removal: Discontent surrounds the perceived central government influence in
appointing and removing governors, impacting their neutrality.
o Encroachment on State Subjects: States raise concerns about the central government's interference in areas
listed under the state list of the Constitution. Farm acts
• Resource Sharing and Power Dynamics:
o Unequal Financial Allocation: Disagreements arise regarding the allocation of financial resources between the
central government and states. North & south states
o Management of All India Services: Issues persist in the way All India Services, crucial for administration, are
managed jointly by the center and states.
o Asymmetrical Federalism: The perception of an asymmetrical federal structure, where the central government
holds more power, creates tension. Special category status,Art 371
• Policy Implementation Challenges:
o Disagreements on National Education Policy: Differences in perspectives exist between the center and states
regarding the implementation of the National Education Policy 2020.
o Implementing Central Laws: States may find it challenging to implement certain central laws, like the
Citizenship Amendment Act, due to potential conflicts with local contexts or priorities
India's federal structure, though not without its hurdles, is constantly adapting and progressing. It thrives on ongoing
discussions, adherence to the Constitution, and a recognition of common goals. Ultimately, the objective is to nurture a
robust, collaborative, and even mildly competitive federal system that embodies the essence of the Constitution and
fulfills the desires of its citizens.

KEYWORDS: Historical Evolution; Cooperative Federalism; Competitive Federalism; Asymmetric Federalism;

Allocation of Financial Resources

WAYS AND MEANS TO BETTER MANAGE CENTRE-STATE RELATIONSHIP

• India's federal system, enshrined in the Constitution, balances power between the central government and states.

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PRAHAAR 2024: Indian Polity and Constitution
• While India leans towards a unitary system, Centre-State relations have transformed over time, shaped by social,
political, and economic changes, along with interpretations of the Constitution. Consequently, effective management
of this dynamic is crucial for good governance.
• Numerous commissions have offered recommendations to improve Centre-State relations in response to the
country's evolving needs.
Important Commissions and their Recommendations:
• First Administrative Reforms Commission (ARC):
o Establish an Inter-State Council (Article 263).
o Appoint Governors with strong public experience.
o Maximize delegation of power to states.
o Increase financial resources for states.
• Sarkaria Commission:
o Make the Inter-State Council permanent.
o Limit use of President's rule (Article 356).
o Strengthen All-India Services and consider creating more.
o Improve communication on withheld assent to state bills.
o Revive Zonal Councils.
o Consult states on security deployment, concurrent list subjects, and Governor appointments.
• M.M. Punchhi Commission:
o Improve communication between President and states on pending bills.
o Grant states greater flexibility on state list subjects and concurrent list items.
o Limit discretionary powers of Governors under Article 163.
o Establish guidelines for Chief Minister appointments in hung assemblies.
o Make the Finance Commission permanent with rotating membership.
o Create judicial councils for budget preparation and sharing.
o Provide equal seats in the Rajya Sabha for all states.
• National Commission to Review the Working of the Constitution (NCRWC):
o Establish an Inter-State Trade and Commerce Commission (Article 307).
o Offer states a chance to address political breakdowns before invoking Article 356.
In conclusion, better managing the Centre-State relationship is key to the overall development and progress of the
nation. As Dr. B.R. Ambedkar rightly noted, "Though the country and the people may be divided into different states for
convenience of administration, the country is one integral whole, its people a single people living under a single
imperium derived from a single source."
NITI AAYOG - A TOOL TO PROMOTE COOPERATIVE FEDERALISM
Established in 2015, the National Institution for Transforming India (NITI Aayog) plays a critical role in India's
development. It fosters cooperative federalism, ensuring states have a voice in national policy-making. This promotes
balanced economic and social progress across the nation.
Note: This topic is covered in Prahaar Governance booklet. Kindly refer it.
INTER- STATE RIVER WATER DISPUTE
Flowing across India's varied landscapes, numerous rivers act as vital resources for millions of people. However,
these shared waterways, often crossing state borders, have become a growing source of tension. Several disputes
have emerged, including those concerning the Cauvery, Mahanadi, Mahadayi, Krishna, Godavari, Ravi-Beas rivers,
and the Vamsadhara further inflating the Interstate tensions.
Constitutional and statutory provisions related to Inter-state water disputes.
• Article 262(1): This article empowers the Parliament to enact legislation for the adjudication of inter-state river
waters dispute.
• Article 262(2): This clause grants Parliament the authority to exclude the Supreme Court or any other court from
exercising jurisdiction over inter-state river waters disputes.
• River Board Act, 1956: This Act was established with the intent that the Centre would regulate and develop
interstate rivers and valleys in the public interest.

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PRAHAAR 2024: Indian Polity and Constitution
• Inter-state River Water Disputes Act, 1956: This Act allows Parliament to establish a tribunal to settle interstate
river water disputes. It also excludes the Supreme court from jurisdiction over such cases.
Reasons behind rising inter-state river water disputes.
• Political Interference: Politicians sometimes exploit public emotions during river disputes, creating obstacles to
resolution (e.g., Cauvery water dispute).
• State Bifurcation: Dividing states, like Andhra Pradesh and Telangana, leads to new water-sharing disputes over
rivers like the Godavari.
• Water Scarcity: India faces a critical water shortage, with just 4% of global water resources despite housing 18%
of the world's population.
• Competing Interests: Disputes erupt when one state's actions, such as water usage, negatively impact another.
• Deteriorating Quality: With growing demand and pollution, water sharing disputes are likely to intensify as
competition for clean water increases.
Challenges in Resolving Inter-state water disputes.
• Historical and Geographic Confusion: Redrawn state boundaries often disregard natural water flow patterns,
leading to disputes about water rights based on historical usage or geography.
• Constitutional-Legal Ambiguity: The division of power creates ambiguity. While states manage water use, the
central government regulates interstate river waters. This overlapping authority complicates dispute resolution.
• Institutional Uncertainty: Article 262 restricts the Supreme Court's involvement in water disputes, but Article 136
allows them to review tribunal decisions. This inconsistency creates uncertainty about the final legal authority.
• Implementation Hurdles: Failure to implement tribunal awards by the executive branch significantly hinders the
resolution of disputes, leaving conflicts unresolved.
• Outdated Approach: Over reliance on traditional engineering solutions without considering technological
advancements, variable rainfall, and other factors hinders effective management of water resources.
• Challenges with the Interstate Water Disputes Act, 1956
o Inefficient Dispute Resolution: New tribunals for each dispute create redundancy and undefined timeframes
lead to delays.
o Weak Enforcement: Tribunal decisions lack a mechanism for implementation.
o Protracted Appeals: Appeals against decisions can further stall resolutions.
Way Forward
• Robust Mechanism: Establish a strong mechanism to enforce tribunal awards.
• Legal Clarity: The Supreme Court should provide clear legal guidance on mechanisms for implementing tribunal
awards.
• Holistic Basin Management: Develop comprehensive strategies for river basin issues, including long-term
sustainability.
• Sharing During Scarcity: The Supreme Court should guide states towards a workable formula for sharing water in
times of shortage.
• Moving Beyond Politics: Find an alternative to political negotiation for a lasting solution to water conflicts.
• Balancing Needs: Integrate ecological restoration, aquatic biodiversity preservation, and sustainable water
management practices into basin plans.
• Enactment of the pending Bill: The Inter-State River Water Disputes (Amendment) Bill, 2019 seeks to address the
issues of existing laws and regulations. Its enactment will create a robust mechanism to address river water disputes
in India.
Water is a vital resource, and inter-state disputes can significantly impact livelihoods. A multifaceted approach is
needed to achieve sustainable solutions. Including water in the concurrent list can provide greater clarity, while
establishing River Basin Organizations can improve river management. Ultimately, a cooperative approach to water
governance is essential.
DEMAND FOR SMALLER STATES
In India, discussions about federalism often weigh the need for independent state power against maintaining a unified
nation. This has led to growing calls for the creation of smaller states, like Vidarbha and Purvanchal. These demands
are driven by a desire for greater control over regional affairs, preserving cultural identities, improving administrative
effectiveness, and achieving fairer development across the country.

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PRAHAAR 2024: Indian Polity and Constitution
Why Smaller States are Demanded
• Underrepresented Regions: Regions lacking political influence often seek statehood for greater representation.
• Cultural Identity: Areas with distinct cultural traits may seek autonomy to preserve their heritage (e.g.,
Gorkhaland).
• Administrative Neglect: If a region feels ignored by the central administration, a demand for a separate state may
arise.
• Political Manipulation: Politicians might exploit regional sentiments for electoral gains.
• Unequal Development: Economic disparity within a state can fuel demands for separate states (e.g., Bundelkhand,
Purvanchal).
Potential Benefits of Smaller States
• Efficient Administration: Smaller size can streamline administration and resource allocation.
• Stronger Fiscal Management: Focused governance can lead to better financial management.
• Addressing Regional Needs: Smaller states can tailor policies to address specific regional issues.
• Optimal Resource Use: Reduced administrative costs can free up resources for development projects.
• Inclusive Growth: Smaller states may promote balanced development across regions and empower minorities (as
envisioned by Dr. B.R. Ambedkar).
Challenges of Creating Smaller States
• Mixed Performance: Some newly formed states haven't shown significant improvement in development.
• Leadership Issues: Lack of experienced leadership can hinder governance in new states. Low rep in national leg
• Financial Strain: Setting up new administrative structures can strain financial resources.
Low revenue coll
• Central Dependence: Smaller states may rely heavily on central financial assistance.
opportunities
• Infrastructure Gap: Developing necessary infrastructure in new states can be time-consuming and expensive.
Way Forward
• Objective Criteria: Establish a clear set of objective criteria, such as population size, economic viability, and
administrative efficiency, to guide decisions on statehood demands. This could help prevent purely political
considerations from driving the process.
• Comprehensive Needs Assessment: Conduct thorough needs assessments that consider the developmental goals,
cultural identity, and economic realities of the region seeking statehood.
• Focus on Decentralization: Explore alternative solutions like strengthening existing local governance structures
through decentralization. This could empower regions without resorting to full statehood.
• Fiscal Responsibility: Ensure any new state has a sound financial plan that demonstrates its ability to be self-
sustaining and manage its resources effectively.
• Inter-State Cooperation: Encourage collaboration among states, especially when dealing with shared resources or
regional development challenges.
As India's federal system adjusts to new circumstances, it must find ways to address regional desires and streamline
administration, all while keeping economic health in mind. The growing calls for creation of new, smaller states
highlight the need for a fresh look at India's federal structure.
Issues in News
ARTICLE 370
Context: The Supreme Court's highest panel recently affirmed the central government's 2019 action to revoke
Jammu and Kashmir's special status under Article 370 of the Constitution.
Key Observations and Directions by SC
• No Internal Sovereignty: J&K was ruled not to possess any internal sovereignty after its accession to India in 1947.
This conclusion was based on historical documents and the J&K Constitution itself.
• Temporary Provision: Article 370 was deemed a temporary and transitional provision based on its historical
context and placement within the Constitution.
• Presidential Authority Upheld: The Court validated the President's 2019 proclamations modifying Article 370
and dissolving the state's constituent assembly. Notably, consultation with the state government was deemed
unnecessary for these actions.

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• Elections: The Court mandated the Election Commission to conduct elections for the J&K Legislative Assembly by
September 30th, 2024.
• Statehood Restoration: The Court urged the government to expedite the restoration of statehood to J&K.
• Truth and Reconciliation: The Court recommended the establishment of a truth and reconciliation commission to
investigate human rights violations in J&K and promote reconciliation.
Abrogation of Article 370
India's Constitution previously granted Jammu and Kashmir special status through Article 370. This included distinct
laws, a separate flag, and broader autonomy compared to other Indian territories. On August 5th, 2019, the Indian
government revoked Article 370, dissolving Jammu and Kashmir's statehood. The region was subsequently divided
into two centrally administered Union Territories: Jammu and Kashmir, and Ladakh.
Changes in Governance:
• Representation: J&K gains five Lok Sabha seats, while Ladakh gets one.
• Administration: J&K transitions from a Governor to a Lieutenant Governor.
• Legislative Power: J&K retains a legislative assembly with limitations on lawmaking.
The revocation of Article 370 marks a significant shift for Jammu & Kashmir and Ladakh. While the move promises
integration and development, addressing legal concerns and local anxieties remains crucial for a stable and prosperous
future. Upholding democratic principles, respecting the region's cultural identity, initiating dialogues with
stakeholders, and driving development can enable a peaceful and prosperous Jammu and Kashmir, reflecting Atal
Bihari Vajpayee's ideals of 'Kashmiriyat, Insaniyat, and Jamhooriyat'.
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT 2023
Context: Indian Parliament recently passed GNCTD (Amendment) Act 2023. It has raised a long-standing debate
about governance in Delhi.
• Unique Status: Delhi is a National Capital Territory (NCT) with a Legislative Assembly but limited powers
compared to full-fledged states.
• Supreme Court's View: A 2023 Supreme Court judgement granted Delhi control over most services, except for
police, land, and public order.
Key Provisions of the Act
• National Capital Civil Services Authority (NCCSA): This body, appointed by the central government, advises the
LG on service matters.
• LG's Discretion: The Act expands the LG's power to approve or reject NCCSA recommendations and act
independently on certain issues.
• Increased Central Control: The central government gains control over officer transfers and postings, potentially
impacting the "triple chain of accountability" (ministers-legislature-electorate).
• Reporting Requirements: Certain matters must be routed through the LG before decisions are made.
Issues Raised
• Central Government Overreach: Critics argue the Act undermines the Supreme Court's judgement and gives
excessive control to the central government.
• Weakened Accountability: The Act potentially weakens the "triple chain of accountability" in Delhi's governance.
• Unclear Definitions: The Act doesn't define "controversial matters" that require the LG's notification.
Looking Ahead
• Learning from Others: Studying models of capital city governance in other countries (federal district, city-state,
etc.) could offer solutions.
• Decentralization: A two-tier system with elected municipal councils and a regional government could improve
local decision-making.
• Domain Demarcation: Central government areas could be under central administration, while the rest functions
as a state.
• Enforcement Powers: Municipalities could handle civil compliance with community police, while Delhi Police
focuses on criminal matters.

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PRAHAAR 2024: Indian Polity and Constitution
The GNCTD Act has sparked debate about balancing the need for a strong central government in the national capital
with granting Delhi greater autonomy. Exploring alternative governance models and fostering collaboration might pave
the way for a more stable and efficient administrative system in Delhi.

KEYWORDS: Unitarian Constitution, Federalism, Cooperative Federalism, Financial Decentralization, Regional

Autonomy

Previous Years Question

1. Explain the significance of the 101st Constitutional Amendment Act. To what extent does it reflect 2023
the accommodative spirit of federalism?
2. While the national political parties in India favour centralisation, the regional parties are in favour 2022
of State autonomy.” Comment.
3. How far do you think cooperation, competition and confrontation have shaped the nature of 2020
federation in India? Cite some recent examples to validate your answer.
4. From the resolution of contentious issues regarding distribution of legislative powers by the 2019
courts, ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain.
5. The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight 2015
the drawbacks in the existing structure and the extent to which cooperative federalism would
answer the shortcomings.
6. Though the federal principle is dominant in our Constitution and that principle is one of its basic 2014
features, but it is equally true that federalism under the Indian Constitution leans in favour of a
strong Centre, a feature that militates against the concept of strong federalism. Discuss
7. Constitutional mechanisms to resolve the inter-state water disputes have failed to address and 2013
solve the problems. Is the failure due to structural or process inadequacy or both? Discuss.

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10 SEPARATION OF POWER AND FUNCTIONAL OVERLAPPING

India's democratic system reflects the idea of Separation of Powers, even without explicitly mentioning it. This
principle, championed by Montesquieu, divides government into legislative, executive, and judicial branches to prevent
any single group from holding too much power. While India's Constitution allows some overlap between these
branches, it also ensures a complex interplay with checks and balances.
CONSTITUTIONAL PROVISIONS AND THE SEPARATION OF POWERS
• Inherent Doctrine: The Indian Constitution implicitly integrates the doctrine of Separation of Powers. Articles like
50, 122, and 212 all contribute towards maintaining a delicate balance among the three branches.
• Article 50: This urges the state to strive for a distinct separation between the judiciary and the executive.
• Articles 122 and 212: These Articles prevent courts from questioning parliamentary and legislative proceedings,
effectively separating the judicial and legislative domains.
DIFFERENT MODELS OF SEPARATION OF POWERS
The principle of separation of powers, dividing government functions
among distinct branches, is implemented differently across countries.
• Strict Separation: The United States exemplifies a rigid model with clear
lines separating the legislative, executive, and judicial branches.
• Flexible Model: In countries like the UK and India, the branches exhibit
more overlap in functions and personnel, fostering a more collaborative
approach.
FUNCTIONAL OVERLAP BETWEEN EXECUTIVE AND LEGISLATURE
As Indian Constitution doesn't follow strict separation of powers, there are
many instances where functional overlap between executive and
legislature occurs.
• Role of President: President acts as the head of both the executive and Fig.: Significance of Separation of Powers
legislature.
• Ordinance Promulgation: The President's authority to promulgate ordinances, despite it being primarily a
legislative function, indicates the functional overlap between the branches.
• Council of Ministers: Ministers are legislators who also head executive departments, blurring the lines.
• Delegated Legislation: Legislature empowers the executive to make rules for effective implementation of laws.
• Party System: Shared party affiliation between legislators and the executive can lead to the legislature rubber-
stamping executive decisions.
• No-confidence Motion: A party in power may influence the legislature to avoid a no-confidence motion.
• Whip System: Political parties can use party whips to enforce discipline among legislators, reducing independent
voting.
Way Forward
While complete separation of powers isn't practical in India's system, steps can be taken to minimize overlap and
ensure greater accountability:
• Strengthening Independent Institutions: Empowering institutions like the Lok Sabha Secretariat and
Comptroller and Auditor General (CAG) can provide independent scrutiny of the executive.
• Parliamentary Committees: Revitalizing Parliamentary committees with more teeth for in-depth scrutiny of
legislation and executive actions.
• Reduced Reliance on Delegated Legislation: The legislature should clearly define the scope of delegated
legislation and maintain oversight of its implementation.
• Electoral Reforms: Promoting inner-party democracy and encouraging independent candidates can reduce the
influence of party whips on voting behavior.
• Public Interest Groups (PIGs): Encouraging the growth of strong PIGs that hold the government accountable and
provide alternative viewpoints to the legislature.

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• Judicial Review: Upholding judicial independence to ensure effective checks on both the legislature and the
executive.
• Principle of Constitutional Objectivity: In NCT vs UOI case, Justice Chandrachud emphasized “constitutional
objectivity” as the core principle to balance legislature and executive interactions. It helps ensure that each branch
operates within its designated sphere, thereby preventing absolute power accumulation.
FUNCTIONAL OVERLAP BETWEEN JUDICIARY AND LEGISLATURE
The Indian Constitution aims for a separation of powers, but some areas show overlap between the judiciary and the
legislature. Here are some instances of such overlap:
• Judicial Review vs. Legislative Power: The judiciary can strike down laws deemed unconstitutional, potentially
limiting the legislature's power to make laws. (Example: Supreme Court striking down the National Judicial
Appointments Commission Act in 2015)
• Public Interest Litigation (PIL): PILs allow the judiciary to take on issues of social justice, sometimes venturing
into policy areas traditionally reserved for the legislature. (Example: PIL leading to the Right to Education Act)
• Legislative Overreach: The legislature may pass laws aimed at curbing "judicial activism" perceived as
overstepping judicial boundaries. (Example: Attempts to restrict PILs or limit the judiciary's power to review laws)
• Judicial overreach: Certain landmark cases have seen the judiciary stepping in to create guidelines in the absence
of relevant laws, further blurring the lines between legislative and judicial functions.Into leg
o Example: The 2G spectrum case, where the judiciary's cancellation of licenses led to policy changes by the
executive, exemplifies the complex interplay between the branches.
• Parliamentary Privileges: The legislature has the power to punish for contempt, which can create a conflict with
the judiciary's authority.
Minimizing Overlap Between Judiciary and Legislature
While some overlap fosters checks and balances, excessive overlap can lead to confusion and undermine the
independence of both branches. Here are ways to minimize it:
• Judicial Deference: The judiciary should exercise restraint in striking down laws, giving due respect to the
legislature's law-making power. Eg SR bommai
• Evolving Standards for PILs: Clearer guidelines can be established for PILs, ensuring they address genuine public
interest without encroaching on legislative functions.
• Independent Judicial Appointments: A more transparent and independent process for appointing judges can
strengthen judicial legitimacy.
• Respect for Judicial Review: The legislature should acknowledge the judiciary's role in upholding the Constitution
and avoid attempts to undermine judicial review.
• Defining Parliamentary Privileges: Clearer definitions of parliamentary privileges can minimize conflict with the
judiciary's authority.
By implementing these measures, India can strive for a more balanced and effective system of checks and balances
between the judiciary and the legislature. This will ensure a healthy democracy with clear boundaries and respect for
each branch's role.
FUNCTIONAL OVERLAP BETWEEN JUDICIARY AND EXECUTIVE
While the judiciary interprets laws and the executive implements them, there are areas where their functions
overlap, raising concerns about potential influence. Here are five instances:
• Appointment of Judges: The executive plays a role in appointing judges through a collegium system, raising
questions about potential bias.
• Tribunals: The government sets up tribunals with quasi-judicial powers, blurring the lines between judicial
interpretation and executive action.
• Presidential/Gubernatorial Immunity: The President and Governors enjoy immunity from court proceedings for
official actions, limiting judicial oversight.
• Mercy Powers: The President and Governors, as executive members, wield the power to grant mercy, a typically
judicial function, underlining the functional overlap.
• Contempt of Court: The power vested in courts to punish for contempt can be misused to stifle criticism or dissent.
Minimizing Overlap Between Judiciary and Executive
To ensure a healthy balance, here are some ways to minimize overlap:

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PRAHAAR 2024: Indian Polity and Constitution
• Independent Judiciary Appointments: Exploring a more transparent and independent process for appointing
judges, potentially involving a citizen's panel.
• Specialization of Tribunals: Clearly define the scope of tribunals and ensure they are staffed by qualified judicial
members.
• Judicial Deference: The judiciary should exercise restraint in intervening in policy decisions, unless there's a clear
violation of fundamental rights.
• Review of Immunity Provisions: Revisit the concept of presidential/gubernatorial immunity to ensure
accountability for actions impacting citizens' rights.
• Clear Contempt Guidelines: Establish clear and objective guidelines for contempt of court to prevent its misuse.
By implementing these measures, India can strive for a more balanced system where both the judiciary and the
executive function effectively within their designated roles, ultimately strengthening democratic principles.
WHY COORDINATION BETWEEN LEGISLATURE, EXECUTIVE, AND JUDICIARY IS NECESSARY?
While the separation of powers ensures checks and balances, effective governance requires a degree of coordination
between the legislature, executive, and judiciary. Here's why:
• Effective Lawmaking: The judiciary's interpretation of existing laws can inform the legislature when crafting new
legislation to address ambiguities or unforeseen consequences. (Example: Landmark Supreme Court judgements on
privacy rights can guide the legislature in formulating a robust data protection law)
• Smooth Implementation: Clear communication between the judiciary and the executive on legal interpretations
ensures smooth implementation of laws and minimizes disputes. (Example: Collaborative workshops for judges and
bureaucrats on newly enacted labor laws can foster a common understanding for better enforcement)
• Swift Action on Critical Issues: In times of crisis or national emergencies, coordinated action between all branches
is essential for a swift and effective response. (Example: During a pandemic, the judiciary can expedite legal
challenges to lockdown measures while the executive enforces them, ensuring both public health and due process)
• Maintaining Public Trust: A well-coordinated government where each branch respects the other's domain fosters
public trust in the system and the rule of law. (Example: Collaborative efforts to address judicial vacancies or tackle
corruption can enhance public confidence in the justice system)
• Globalized World: In an increasingly interconnected world, coordinated action between branches is necessary to
address transnational issues like cybercrime or environmental degradation. (Example: Collaboration between the
legislature, executive, and judiciary is crucial for framing effective extradition treaties and implementing
international environmental agreements)
These examples highlight that while checks and balances are essential, a healthy level of coordination between the
branches is vital for effective governance in a complex world.
FOSTERING COORDINATION BETWEEN LEGISLATURE, EXECUTIVE, AND JUDICIARY
The Indian Constitution embodies the concept of separation of powers, but effective governance necessitates a degree
of coordination between the branches. Here are some ways to achieve this:
• Inter-Branch Communication Channels: Establishing formal channels for communication, like regular
consultative meetings between representatives of each branch, can foster better understanding and collaboration.
• Secondment Programs: Temporary exchanges of personnel between branches can provide valuable insights into
each other's functioning and challenges.
• Memoranda of Understanding (MoUs): Developing MoUs outlining protocols for cooperation on specific issues
can promote coordinated action in areas like judicial training for civil servants or fast-track courts for specific types
of cases.
• Joint Conferences: Organizing periodic joint conferences on matters of national importance can encourage open
dialogue and collaborative problem-solving.
• Strengthening Parliamentary Committees: Empowering parliamentary committees with greater oversight
authority can create a platform for constructive scrutiny and interaction with the executive.
• Respect for Judicial Review: The executive should respect judicial pronouncements and make bona fide efforts to
implement them within the legal framework.
By implementing these measures, India can nurture a culture of mutual respect and understanding between the
branches. This fosters a more collaborative approach to governance, ultimately benefiting the nation's progress and
its citizens.
Conc - doctrine of checks and balances

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PRAHAAR 2024: Indian Polity and Constitution
DOCTRINE OF CHECKS AND BALANCES
The doctrine of checks and balances aims to prevent any one branch of government from becoming too powerful. This
safeguards citizens from arbitrary or tyrannical use of state power.
Indian Constitutional Provisions:
The Indian Constitution embodies this principle through various provisions. These include:
• Judicial Review (Article 13): The judiciary can review laws passed by the legislature and strike them down if found
unconstitutional.
• Judicial Limitations (Article 21): The judiciary itself is bound by established legal procedures.
• Executive Appointments: The executive appoints judges, with the President playing a role.
• Parliamentary System: India follows a parliamentary form of government, where the executive is drawn from the
legislature. Parliamentary scrutiny, committee
Examples of Checks and Balances:
• Legislative vs. Executive: The President can summon, prorogue (adjourn for a brief period), or dissolve Parliament
(Article 85). Conversely, Parliament can impeach the President for violating the Constitution (Article 61).
• Executive vs. Judiciary: The executive appoints judges, but the judiciary can review the executive's actions through
judicial review (e.g., Kesavananda Bharati v. State of Kerala & Minerva Mills v. Union of India).
• Legislative vs. Judiciary: Parliament can remove judges through impeachment, but the judiciary can invalidate
laws they deem unconstitutional (e.g., Kesavananda Bharati case).
Examples in Action:
• Golaknath Case (1967): The court declared an amendment limiting Fundamental Rights as unconstitutional.
• Kesavananda Bharati Case (1973): The court established the "Basic Structure Doctrine," limiting Parliament's
amendment power.
• Indira Gandhi v. Raj Narain Case (1975): An amendment protecting the Prime Minister from election challenges
was struck down.
Checks and balances go beyond clear separation. Each branch plays a specialized role, contributing to efficient
governance. This system is vital to a healthy democracy, ensuring no single entity holds absolute power and citizens'
rights are protected.

KEYWORDS: Checks and Balances; Constitutional Objectivity; Executive, Legislative, and Judicial Overlap; Judicial
Overreach; Harmonious Coordination; Doctrine of Prospective Overruling; Ultra vires' (Beyond the powers); Rule
of Law and Equality

Previous Year Question

1. Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian 2020
Constitution. In this context justify the filing of a large number of public interest petitions praying for
issuing guidelines to executive authorities.
2. Do you think the Constitution of India does not accept the principle of strict separation of powers 2019
rather it is based on the principle of ‘checks and balance’? Explain
3. Resorting to ordinances has always raised concern on violation of the spirit of separation of powers 2015
doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether
the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should
the power to promulgate ordinances be repealed?
4. Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role 2014
in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role
played by judicial activism in achieving the ideals of democracy.
5. The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the 2013
Constitution. Discuss critically.

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PRAHAAR 2024: Indian Polity and Constitution

11 PARLIAMENT AND STATE LEGISLATURES - STRUCTURE, FUNCTIONING, CONDUCT OF

BUSINESS, POWERS & PRIVILEGES, AND ISSUES ARISING OUT OF THESE

The strength and effectiveness of any democratic political system largely rest on its legislative bodies' functional
efficacy. In India, the essence of democracy is upheld by our Parliament and State Legislatures. As the institutional
pillars of the world's largest democracy, they are instrumental in upholding constitutionalism, law-making, holding the
executive accountable, and representing the will of the people.
FEATURES OF PARLIAMENTARY FORM OF GOVERNMENT
• Nominal and Real Executives: The President serves as the de jure executive while the Prime Minister functions as
the de facto executive.
• Collective Responsibility: The Ministers are collectively responsible to the Parliament, specifically to the Lok
Sabha (Article 75).
• Majority Party Rule: The political party with a majority in Lok Sabha forms the government.
Helps in parliamentary
• Double Membership: The Ministers are members of both the legislature and the executive.
scrutiny of executive
• Leadership of the Prime Minister: The Prime Minister is the central figure in the Parliamentary system.
• Political Homogeneity: The members of the Council of Ministers typically belong to the same political party,
ensuring ideological consistency.
• Dissolution of Lower House: The Lok Sabha can be dissolved by the President upon the Prime Minister's
recommendation.
• Secrecy: Ministers are bound by the principle of secrecy of procedure, and cannot divulge information about their
proceedings, policies, and decisions.
Reasons for Adoption Double member
• Avoidance of Legislative-Executive Conflicts: A Parliamentary system reduces conflicts between the executive
and legislative branches.
• Familiarity with the System: The Indian political tradition had been familiar with the Parliamentary system due
to the British influence.
• Representation: A Parliamentary system allows representation of various sections, interests, and regions in the
government.
• Preference for Responsibility: Dr. B.R. Ambedkar highlighted the need for a democratic executive to exhibit both
stability and responsibility.
FUNCTIONS OF THE PARLIAMENT
• Law-making: The Parliament is responsible for making new laws, amending existing ones, and even making
changes to the constitution.
• Control over executive: The Parliament holds the executive accountable using various mechanisms such as the No-
confidence motion, censure motion, and question hour.
• Election function: The Parliament participates in the election of the President and Vice President. Internally, it also
elects the Chairperson of each House and heads of various parliamentary committees.
• Management of finances: The executive cannot withdraw or use funds from the Consolidated Fund of India
without the Parliament's authorization. The budget is presented before the Parliament and scrutinized by
committees like the Public Accounts Committee and Estimates Committee.
• Quasi-Judicial functions: The Parliament exercises quasi-judicial powers. This includes the formation of inquiry
committees, the impeachment process of the President, the removal of judges of the High Court and Supreme Court,
and upholding parliamentary privileges.
ISSUES FACED BY INDIAN LEGISLATURE
• Decline in the number of sittings: The 17th Lok Sabha sat for a total of 1,354 hours, which is significantly less than
the average for all full-term Lok Sabha.
• Discipline and decorum: The Parliament has been losing valuable time due to disruptions and indiscipline among
members. Inadequate discussion
• Low representation of women: Despite an increase in the percentage of women in the Lok Sabha over the years,
it still remains low compared to other democracies. 14, 8

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• Resort to Money Bill route: Several bills that do not strictly fit into the category of Money Bills have been passed
as such, avoiding scrutiny and debate in the Rajya Sabha. Eg aadhar
• Inadequate Discussion: Bills are often passed with minimal discussion and often by voice vote, which leads to a
lack of transparency and debate.
• Reduced Scrutiny by Parliamentary Committees: Fewer bills are being referred to Parliamentary Committees
for detailed examination. While 60% of the Bills in the 14th Lok Sabha and 71% in the 15th Lok Sabha were referred
to DRSCs concerned, this proportion came down to 25% in the 16th Lok Sabha.
• Uncodified Parliamentary Privileges: The lack of codified rules on parliamentary privileges has led to concerns
over their misuse.
• Legislation through Ordinances: There has been an increase in the number of laws being passed through
ordinances, bypassing the usual legislative process.
PRODUCTIVITY IN THE PARLIAMENT
Parliament serves as the paramount democratic forum in a country, shaping its destiny through debate,
deliberation, and decision-making. However, the decreasing productivity of the Indian Parliament, evident in recent
sessions, raises concerns about the effectiveness of this crucial democratic institution.
Reasons for Low Productivity:
• Institutional decline: Key positions such as Deputy Speaker of Lok Sabha and Leader of Opposition have not been
filled, despite constitutional requirements.
• Increasing disruptions: Contentious issues such as the Pegasus controversy, farm bills, inflation concerns, and
disagreements over various bills have disrupted recent sessions.
• Inadequate time for Opposition: Opposition members express dissatisfaction over insufficient time to air
grievances.
• Violation of parliamentary norms: Indiscipline among members, such as the unruly behavior during the
bifurcation of Andhra Pradesh, is a concern.
• Insufficient time for unlisted discussion: Limited time for unlisted questions and objections also triggers
disruptions.
• Unresponsive government attitude: Instances like refusal to form a Joint Parliamentary Committee on the 2G
scam have triggered disruptions.
• Absence of prompt disciplinary action: Lack of clear rules and action against disruptors encourages disorderly
conduct.
Vital Stats on Functioning of the 17th Lok Sabha
PRS Legislative Research report finding:
The 17th Lok Sabha (LS) held its sessions between June 2019 and February 2024. During this period,
• It held 274 sittings and passed 179 Bills (excluding Finance and Appropriation Bills).
• Question Hour functioned for 60% of scheduled time in LS and 52% in Rajya Sabha.
• Fewest sittings amongst all full-term Lok Sabhas with 206 instances of suspension of Members of Parliament.
o Average annual sitting days down to 55 from 135 in the first LS.
• For the first time, LS did not elect a Deputy Speaker for the entire duration.
• Article 93 of the Constitution requires that LS elect a Speaker and a Deputy Speaker ‘as soon as may be’.
• Time spent on budget discussions has reduced with about 80% of the budget voted without discussion.

SUGGESTED PARLIAMENTARY REFORMS

• Fix a minimum number of sittings: Ensuring a minimum number of sessions, such as 120 for the Lok Sabha and
100 for the Rajya Sabha, can increase the parliament's productivity and functioning.
• Codify Parliamentary Privileges: Clear codification of parliamentary privileges can prevent their misuse and
ambiguity.
• Review of Anti-Defection law:In order to revive debate and deliberations in the Parliament, the use of whip can
be restricted to no-confidence motion only.
• Strengthen Departmental Committees and Accountability: Improving the functionality of departmental
committees like longer tenure (instead of the present one year), promoting specialization,
• Improve the quality of Legislation: Streamlining legislative functions, along with better utilization of the Law
Commission, can enhance the quality of legislation.

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• Enhance information supply for Members: Keeping Members of Parliament updated with developments in areas
of parliamentary concern can improve the quality of debates and decision-making.
• Curbing Criminalization of Politics and strict code of conduct will Improve the quality of Members.
• Improve the public image of Parliament: Access to public opinion and fostering a better relationship with the
public can improve the parliament's image.
• Use of technology for virtual meetings: Leveraging technology for virtual meetings can ensure legislative work
continues during crises, like the COVID-19 pandemic.
• Introduction of Legislative Impact Assessment: Introducing legislative impact assessments can improve
awareness and legal evaluation of proposed laws.

Keywords: Public Accounts Committee, Estimates Committee, Quasi-Judicial, Question Hour, Anti-Defection law,
whip order, Criminalization of Politics, Legislative Impact Assessment,

PARLIAMENTARY PRIVILEGES
In Sita Soren v. Union of India (2024), a seven-judge constitution bench of the SC overruled its 1998 judgment in the
PV Narasimha Rao case. In current judgement the SC said that Legislators cannot claim immunity from prosecution for
taking bribes for speech/vote in the house:
Key highlights of Judgement:
• Bribery is not immune: MPs/MLAs accused of taking bribes cannot claim any immunity from prosecution under
Articles 105 and 194 of the Constitution.
• Two-fold test: Assertion of a privilege by an individual MP/MLA would be governed by a Two fold test:
a. Privilege claimed has to be connected to collective functioning of the House, and
b. Its necessity must bear a functional relationship to the discharge of essential duties of a legislator.
• Jurisdiction of criminal court: Criminal courts are not excluded from hearing bribery cases against legislators
merely because it may also be treated by the House as contempt or a breach of its privilege.
• Scope of parliamentary privileges: Purpose of parliamentary privilege to provide legislators platform to “speak”
and “vote” without fear is equally applicable to:
a. elections to the Rajya Sabha and
b. elections for the President and Vice President.
Parliamentary Privileges and Their Evolution:
• Parliamentary privileges are a legal immunity enjoyed by members of legislatures, in which legislators are granted
protection against civil or criminal liability for certain actions done or statements made in the course of their
legislative duties.
• Origin at British Parliament: Introduced to protect legislators in the
House of Commons from arrest and harassment when they criticized The Parliamentary privileges are based
the monarchy. on five sources, namely,
• Adoption in Indian context: India's founding fathers provided 1. Constitutional provisions,
absolute freedom of speech to parliamentarians within the house, 2. Various laws made by Parliament,
even as citizens' freedom remained restricted. This decision was 3. Rules of both the Houses,
upheld by the Supreme Court. 4. Parliamentary conventions,
• Power to Codify: The founding fathers vested the power to codify 5. Judicial interpretations
privileges with Parliament. However, So far, Parliament resist
codification fearing a loss of parliamentary sovereignty. This was highlighted in the P.V. Narsimha Rao Case.
Importance of Parliamentary Privileges:
• Ensuring Functionality: Privileges such as freedom from arrest and freedom of speech primarily exist to ensure
the House can perform its functions without hindrance.
• Ensure attendance of MP in parliamentary session.
• Protection of Members: The power to punish for contempt and to regulate its own business exists for the
protection of members, for maintenance of the House's authority and dignity.
• Preventing External Interference: Privileges are granted to enable legislators to carry out their duties without
fear or favor and to prevent external interference.

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Provisions that grant legislators immunity from prosecution
• Article 105 deals with the powers and privileges of both Houses of Parliament and its members and committees.
(Article 194-for state legislature)
• Right to Prohibit Publication of Proceedings: Article 105(2) stipulates that no person shall be liable in respect of
the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
(Article 194(2)-for state legislature)
• Freedom from Arrest: Code of Civil Procedure, 1908 provides that members can enjoy freedom from arrest in any
civil case 40 days before and after the adjournment of the house and also when the house is in session.
o However, this privilege is limited to civil cases. An MP doesn’t enjoy any immunity against action in a criminal
case, during the session or otherwise.
• Freedom of Speech in Parliament: Article 105(2) states that “No member is liable to any proceedings in any court
for anything said or any vote given by him in Parliament or its committees”. This freedom is subject to the provisions
of the Constitution and to the rules and procedures of the parliament, as stated under Article 118 of the Constitution.
o However, Article 121 restricts members from discussing the conduct of judges of the Supreme Court and High
Court.
• Privileges based on Rules of Procedure and precedents: Parliament reserves the right to receive immediate
information of the arrest, detention, conviction, imprisonment, and release of a member on a criminal charge or for
a criminal offence.
• Right to Exclude Strangers: Members of the house have the power and right to exclude strangers who are not
members of the house from the proceedings. This right is essential for securing free and fair discussion in the house.
• Also, as per the provisions of Article 122, the validity of any proceeding of Parliament can’t be inquired into by a
court on the grounds of alleged irregularity of procedure.
ROLE OF OPPOSITION
The essence of a vibrant democracy lies in the constant churning of diverse viewpoints, with the Opposition playing a
pivotal role. A strong Opposition stands as a necessary counterbalance to the ruling party, ensuring the plurality of
voices, and upholding democratic principles.
Role of Opposition in Indian Democracy:
• Act as the Voice of the Voiceless: Upholding the views of the people, the Opposition acts as the voice for the
unheard, as seen during the extension of PM-Garib Kalyan Ann Yojana during the national lockdown.
• Ensuring Accountability: The Opposition holds the government accountable for its actions and adherence to its
manifesto, like the combined effort of Opposition parties in 2012 against corruption leading to the framing of Lokpal.
Issues with the Opposition in India:
• Electoral Strength: Opposition parties, especially the Indian National Congress (INC), often lack the numerical
strength to challenge the ruling party effectively.
• United Efforts: The Opposition tends to be divided between party and regional interests, with many remaining
silent on issues outside their forte.
• Defection: Prioritizing self-interest over national interest leads to political defections, weakening the role of
Opposition, as witnessed in the 2019 National elections.
Needed Reforms:
• Legal Reform: In situations where no party in Opposition secures 55 or more seats, the numerically largest party
in the Opposition should be recognized as the leader of the Opposition by the Speaker.
• Reforms in Status: The 10% formulation is inconsistent with 'the salary and allowances of leaders of opposition in
Parliament Act, 1977', which suggests that the largest Opposition party should get the post.
• National Interest: The Opposition should unite across party lines on issues of national or constitutional
importance.
• Strengthening Anti-Defection Law: Revisiting the anti-defection laws can help curb political defections and
strengthen the role of Opposition.

KEY TERMS: Parliamentary Disruption Index, Expulsion, Substantial illegality, Defamation, Leaders of Opposition

LOW PARTICIPATION OF WOMEN IN POLITICS

Status of Women Participation and Relevant Data

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• India's ranking is a concerning 141st among 185 countries according to the Inter-Parliamentary Union
(IPU), with women making up only 15.2% of the Lower House of Parliament.
• State legislatures present an equally bleak picture, with an average of only 8% women representation.
Bihar and Rajasthan slightly outperform other states with a approximately 11% to 12% representation.
Challenges Hindering Women's Participation in Parliament
• Patriarchal Influence: The pervasive influence of male members in decision-making overshadows the power held
by women, significantly visible in the Panchayati Raj system through the phenomenon of 'Sarpanch Pati'.
• Work-Life Balance: Domestic responsibilities and societal expectations of women often interrupt their political
aspirations.
• Financial Constraints: Economic dependency and limited access to resources act as substantial impediments to
women's political involvement.
• Identity Masking: Women candidates often win elections based on their political party affiliation or family
background, obscuring their individual identities.
• Attitudinal Barriers: Prevalent sexist beliefs undermine women's capabilities, illustrated by instances where
women legislators have been disparaged for fulfilling their duties.
Significance of Women in Decision-Making Bodies
Good performance
• Gender-sensitive Approach: Female legislators often focus more on women-centric issues, evident from the work
of female Pradhans in India addressing matters like sanitation, self-help groups, etc. Chhavi Rajawat rj
• Efficiency in Governance: Countries led by women, such as Germany and New Zealand, have demonstrated
commendable efficiency, including effective pandemic management.
• Diversity of perspectives: As women often experience different forms of discrimination and social challenges, their
presence can contribute to better sensitivity towards gender-related matters and a broader understanding of social
issues.
• Enhanced Responsiveness: Female leaders have proven to be more responsive to the needs of disadvantaged
groups, including prompt action on crimes against women.
• International commitments and best practices: Achieving greater representation of women aligns with
international commitments, such as the United Nations Sustainable Development Goal 5, which aims to achieve
gender equality and empower all women and girls.
Suggested Measures for Improvement
• Implement Zipper System: A practice followed by Rwanda where every third seat in a party is reserved for women.
• Challenge Stereotypes: Encouraging women to step out of their traditional roles and take up leadership positions.
Capacity
• Promote Inner Party Democracy: Encouraging internal elections for various positions within political building
parties.
• Elevate Women in Local Bodies: Providing opportunities for women in local governance to serve at higher levels
in state assemblies and Parliament.
The reservation of seats for women in the institutions of local self-government has had a positive impact in
several ways:
• Increased representation: The policy has significantly increased the number of women in local governance,
fostering gender diversity in decision-making.
• Empowerment: Women who have participated in local self-government institutions have gained confidence and
developed leadership skills.
• Decision-making: The presence of women in local governance has led to a greater focus on women-centric issues,
such as health, education, and sanitation.
• UN Women (2012) report: This report highlights the success stories of women leaders in Panchayati Raj
Institutions across India. It showcases how the reservation policy has empowered women to take up leadership
roles and positively impact their communities by focusing on issues such as education, health, and women's safety.
However, the reservation policy has faced limitations in addressing the patriarchal character of the Indian
political process:
• Proxy candidates: In some cases, women who are elected serve as proxy candidates for their male relatives,
undermining the true intent of reservation policies.
• Lack of resources and training: Many elected women representatives lack the necessary resources, training, and
support to effectively participate in the political process, limiting their impact on governance.

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• Entrenched gender stereotypes: Patriarchal norms and gender stereotypes continue to influence societal
attitudes towards women in politics, often undermining their authority and effectiveness as leaders.
It is worth noting that the 17th Lok Sabha had the highest proportion of women lawmakers as compared to previous.
Also, few months before the General Elections of 2024, the President gave his assent to 106th Constitutional
Amendment Act, paving way for reservation of seats for women in central and state legislature. Sooner implementation
of the law is need to leverage the unique perspectives and leadership women bring to the table.

KEYWORDS: State funding of elections, Inter-Parliamentary Union (IPU), Sarpanch Pati, Gender-sensitive
Approach,UN Women,Proxy candidates

ANTI-DEFECTION LAW
• The 52nd amendment 1985 to the Constitution added the Tenth Schedule which laid down the process by which
legislators may be disqualified on grounds of defection. The main intent of the law was to combat “the evil of political
defections”
• The Tenth Schedule contains the following provisions :

Members of Political Parties If he voluntarily gives up his membership of such political party

Abstains from voting in such House contrary to any direction issued by his
political party without obtaining prior permission of such party.

Independent Members If she/he joins any political party after such election.

Nominated Members If he joins any political party after the expiry of six months from the date on
which he takes his seat in the House.

Importance of Anti defection law:

• It was introduced to maintain rule of law, reduced political corruption, and bribery.
• Increases faith: Anti-defection Ensures that candidates elected with party support and on the basis of party
manifestos remain loyal to the party policies.
• Reduced horse-trading: Anti-defection law was brought to curb the power of money after election within the
house. The horse-trading and unstable government caused by money power and bribery was said to be rampant in
the cross- voting
• Reduce money power: It has succeeded in reducing the money power within house voting for passing legislation
and the survival of the government.
• Ensure Stability: Anti-defection Provides stability to the government by preventing shifts of party allegiance.
• Party Discipline: Anti-defection promotes party discipline.
Issues with Anti defection law:
• Affects the independence of the MPs: It violates their freedom of speech and they can't take any independent
stand over issue.
• Injustice to the Constituencies: Those have elected them in the elections. Being the people’s representatives they
should be allowed to boldly air their grievances and speak up for their constituencies’ requirements.
• Accountability vs efficiency: Dr. B R Ambedkar while drafting favoured stability and accountability over
efficiency thus adopting parliamentary form of government. The weakening of anti-defection law neither provides
efficiency nor stability.
• Limited deliberations: They have indeed reduced the quality of Parliamentary debates/deliberations. It could in
the long run generate faulty legislation with various loopholes. It could also pave way for delegated legislation
rendering Parliament ineffective in the long run.
• Misuse of law by the speaker: False dissent by the speaker on MPAs as seen in the cases of Arunachal Pradesh and
Uttarakhand.
• Role of MP’s and MLA’s are undermined: The legislators are tasked with twin of acting as agent of people and
participate in important legislations. But when they vote only on party lines it hinders the primary goals.

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• No barrier for Wholesale Defection: The law prohibits retail defection but not so effective in the case of Wholesale
defection of legislatures.
• Issues with merger provisions: The flaw seems to be that the exception is based on the number of members (if at
least two-third of the members of the legislature party concerned have agreed) rather than the reason behind the
defection.
Way forward:
• The Supreme Court has suggested that Parliament should set up an independent tribunal headed by a retired
judge of the higher judiciary to decide defection cases swiftly and impartially.
• Time line to be fixed for speakers to take the decision.
• Decisions under the Tenth Schedule should be made by the President/ Governor on the binding advice of the
Election Commission.
• Changes like barring the defectors or legislators who resign from their seat, from contesting election for a sufficient
time.
• The role of money can also be curbed by revisiting the provisions of electoral bond.

DINESH GOSWAMI COMMITTEE REPORTS ON DEFECTION

• Disqualification should be limited to cases where a member voluntarily gives up the membership of his political
party,
• The issue of disqualification should be decided by the President/ Governor on the advice of the Election
Commissioner.
International Practice:
• Article 70 of the Bangladesh Constitution says a member shall vacate his seat if he resigns from or votes against the
directions given by his party. The dispute is referred by the Speaker to the Election Commission.
• Article 46 of the Singapore Constitution says a member must vacate his seat if he resigns, or is expelled from his
party. Article 48 states that Parliament decides on any question relating to the disqualification of a members

Keywords: Tenth Schedule, Nominated Members, Independent Members, horse-trading, Electoral

Democracy, DINESH GOSWAMI COMMITTEE, Election Commission.

ROLE OF THE PRESIDING OFFICER

• The Speaker of Lok Sabha or State Legislative Assembly is elected from amongst its members and is mentioned in
Article 94 and Article 179 of the constitution. He is the guardian of powers and privileges of the members, the House
as a whole, and its committees.
• The institutions of Speaker originated in India in 1921 under the provisions of the Government of India Act of
1919 (Montague-Chelmsford Reforms) and at that time, the Speaker was called the President. The Government
of India Act of 1935 changed the nomenclatures of the President of the Central Legislative Assembly to the Speaker.
Functions performed by presiding officer.
• Maintains order and decorum in the House for conducting its business and regulating its proceedings. Maintaining
impartiality of the office, he ensures that ample time is given to Parliament as a whole and opposition in particular
to ensure accountability.
• Presides over the Joint sitting: He presides over joint sitting of parliament convened to resolve deadlocks between
two houses. He can also convene a secret sitting of a house where none can be present in house galleries without
speaker’s permission.
• Adjourns the House and suspends the meeting in absence of a quorum.
• Decides whether a bill is a money bill or not and his decision on this is final.
• Decides on the question of disqualification of a member arising on the ground of defection (although not outside the
purview of Judicial review – Kihoto Hollohan Case 1992).
• Appoints the chairman of all Parliamentary Committees of Lok Sabha and supervises their functioning. He is
the chairman of the Business Advisory Committee, the Rules Committee, and the General Purpose Committee.
• The Presiding officer guards the Rights and privileges of the members of the two Houses.

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• Fix the Agenda of the House: The Speaker, in consultation with other members of the business committee of the
House and the Prime Minister, fixes the agenda of the meetings of the House. This ensures timely debates and
discussion on important issues of the country.
• Interpretation of Rules of Procedure: The business of the House is conducted according to definite and settled
rules of procedure. In case of any dispute regarding the rules of the House, the Speaker interprets and applies these
rules. The interpretation of rules made by the Speaker is final and cannot be challenged.
Concerns relating to presiding officer.
• Non adherence to Standard Operating Procedure (SOP): The Speaker of Uttarakhand Assembly decided on a
case of defection while a notice of resolution for his removal from the office is pending. The Supreme Court had to
intervene and observed that the Speaker should refrain in such cases.
• In-appropriate use of money bill provisions: The Supreme Court has accepted a plea with respect to the Speaker’s
approval of the Aadhaar Bill, 2016 as a Money Bill. It is argued that declaring a bill that includes larger concerns like
privacy, data protection, etc. should also involve Rajya Sabha to have a meaningful debate.
• Failure to maintain decorum: The parliamentary logjam has been a consistent scene on the floor of parliament
whereby speakers have been unable to facilitate smooth functioning and accused of bias.
• Review of the Speaker’s Decisions: Under the Rules, the Speaker is not answerable to any person in performing
the roles assigned to him. Decisions of presiding officers are final and are not open to appeal or subject to review.
• Impartiality: In a parliamentary democracy office of speaker should be fair and impartial but they are usually
elected to the House on a political party’s ticket. In Britain, the Speaker is strictly a non-party man. Except
kihoto
Our constitutional maker envisaged integrity and impartiality from the office. But it has been progressively eclipsed
by political interests and made subservient to the needs of the ruling party. hollohan
case
Keisham Meghachandra Singh V. Union of India

• Legal status: Decision on Anti-defection operates independently and not subject to the approval of LS or SLA
• Powers of speaker: The decision of the Speaker on anti-defection can be judicially reviewed and the immunity
is only on procedures followed.
• Provisions: Judicial Review is allowed on grounds of infirmities based on violations of constitutional mandates,
mala fides, non-compliance with Rules of Natural Justice, and perversity
• Roles: Speaker/Chairman acts as Quasi-Judicial Authority while deciding cases of Anti-defection under Xth
Schedule of the Constitution.
• Time period: The decision to be taken within Reasonable Time Period – within 3 months as per Kihoto Hollohan
judgment.
• Implementation of the verdict: Such persons who have incurred disqualification do not deserve to be
MPs/MLAs even for a single day (as observed in Rajendra Singh Rana case)

Kihoto Hollohan vs Zachillhu and others

• The majority judgment (3:2) held that the Speakers/Chairmen hold a pivotal position in the scheme of
Parliamentary democracy and are guardians of the rights and privileges of the House.
• The Court ruled that Speaker/Chairman while deciding cases of anti-defection acts as a Tribunal and accordingly
the decision of Speaker/Chairman is subject to judicial review
Recommendations of various committees on Role of presiding officer and Anti-defection law
• Dinesh Goswami Committee on electoral reforms (1990): The issue of disqualification should be decided by the
President/ Governor on the advice of the Election Commission
• Law Commission (170th Report, 1999): Political parties should limit the issuance of whips to instances only when
the government is in danger.
• Election Commission Constitution Review Commission (2002): Decisions under the Tenth Schedule should be
made by the President/ Governor on the binding advice of the Election Commission.
• NCRWC: The power of disqualification of the legislators on ground of defection should lie with Election commission
and not speaker.
Way Forward
• Judicial review is also used in exceptional circumstances. We need a permanent institutional solution.

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o Best practices: UK’s model of appointing a committee of two senior legislators to assist the speaker over the
question of a money bill is a case to consider. In the UK, a parliamentary convention has developed, where an MP
elected as Speaker, resigns from the respective party. This lends credence to his impartiality.
• Cooperation among govt and opposition: Both, government and the opposition need to cooperate so that
parliament can function smoothly and the speaker is not put into difficult situations too often.
• Democratic ethos: Also, Speaker needs to keep in mind the democratic ethos while presiding over the esteemed
office and his actions must appear to be objective and neutral as “Justice should not only be done, it must also be
seen to be done”
• Question of disqualification: Power to decide upon the question of disqualification can be taken away from the
Speaker and entrusted to some independent constitutional authority like the Election commission of India.
• Need amendment: There is a need for amendment in the law to sync it with representative democracy and not
become a system of blindly following the instruction of party leadership Thus allowing legislators the right to
dissent and promote independent thinking as allowed in other democracies of the world such as the US, UK,
Australia, etc. Speaker - party man - anti defection applies to him also - so follows party whip
Case studies of Andhra Pradesh and Telangana

• In recent years, opposition MLAs in some states, such as Andhra Pradesh and Telangana, have broken away in
small groups gradually to join the ruling party. In some of these cases, more than 2/3rd of the opposition has
defected to the ruling party.
• In these scenarios, the MLAs were subject to disqualification while defecting to the ruling party in smaller groups.
However, it is not clear if they will still face disqualification if the Presiding Officer makes a decision after
more than 2/3rd of the opposition has defected to the ruling party.

PARLIAMENTARY SCRUTINY
Parliamentary scrutiny is the close examination and investigation of government policies, actions and spending that is
carried out by the lower and upper houses of parliament and their committees.
Various methods of Parliamentary scrutiny of the government
• Discussion/debate: During discussions/debates on Bills, matters of public or national interest on in Parliament
legislatures could point out
• Question Hour: During the Question Hour the members can ask questions on every aspect of administration and
Governmental activity.
• Parliamentary committees: Parliament has put in place large machinery of committees to scrutinize the Bills
which are brought before it by the government.
• Finance Committees: The Committee on Estimates reviews budgetary estimates of regulators. The annual audit
reports on the accounts of the regulators are tabled before Parliament and reviewed by the Public Accounts
Committee (PAC). The PAC may require the regulator’s officers to depose before the Committee.
• Ad-hoc Committees: Parliament may establish ad-hoc committees which may examine the working of regulators.
Reasons For Ineffective Parliamentary Scrutiny:
• Not referring bills to the Parliament committees: While 60% of the Bills in the 14th Lok Sabha and 71% in the
15th Lok Sabha were vetted by the Parliamentary committees, this proportion came down to 26% in the 16th Lok
Sabha.
• Decline in the number of sittings: The 17th Lok Sabha sat for a total of 1,354 hours hours, which is significantly
less than the average for all full-term Lok Sabha.
• Disruptions during Question Hour: In the 16th Lok Sabha, question hour has functioned in Lok Sabha for 77% of
the scheduled time, while in Rajya Sabha it has functioned for 47%
• No effective leader of the opposition Less numerical strength
Importance Of Question Hour
The first hour of every parliamentary sitting is reserved for this. During the time, the members ask questions and the
ministers usually give answers. The questions are of three kinds, namely, starred, unstarred and short notice.
• Ensures Accountability & Transparency: Question hour make Parliament transparent and accountable since it
covers every aspect of government activity, domestic and foreign.

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• Makes Government Accountable: The government of the day gets to know the pulse of the nation and gives the
public a view of the performance.
• Addressing of Questions: The reliability of the answers given are matters of utmost importance and rules allow
correction of mistakes by the Minister concerned
• Extract Wider Debates: Questions asked during Question Hour are in general to the point and very precise to the
issue. Answers provided at times have extracted wider debates and inquiries on the government’s performance
• Helps Government to Define their Stand: Question Hour also helps the government to tell their position on any
issue both to the member concerned and also to the public in general.
Way forward:
• The Question Hour and Zero Hour must be returned immediately when the Pandemic situation improves.
• 2nd ARC also recommends that annual reports submitted by the regulators to Parliament should include the
progress on pre-agreed evaluation parameters and should be discussed in the parliamentary committee
• Periodically examined: According to the National Commission to Review the Working of the Constitution
(NCRWC), DRSCs should be periodically examined so that the committees which have outlasted their utility can be
replaced with fresh ones.
• The opposition should be proactive in asking the question to the government
• New parliamentary committees: As there is increasing complexity in matters of economy and technological
progress, there is a need for setting up new parliamentary committees.
• Major reports of all Committees should be discussed in Parliament especially in cases where there is a disagreement
between a Committee and the government
• Expert support should be provided to MPs as effective scrutiny depends on their skill and resources.

KEYWORDS: Section 124A, Free speech, Flirting with fascism, Vibrant Democracy, Ad-hoc Committees, Zero
Hour, National Commission to Review the Working of the Constitution,

Previous Year Questions

1. Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the 2022
legality of re- promulgation of ordinances by the Governor without placing them before the
Legislature.
2. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, 2021
equity and inclusiveness.
3. Rajya Sabha has been transformed from a ‘useless Stepney tyre’ to the most useful supporting organ 2020
in the past few decades. Highlight the factors as well as the areas in which this transformation could
be visible.
4. "The reservation of seats for women in the institutions of local self-government has had a limited 2019
impact on the patriarchal character of the Indian Political Process." Comment.
5. Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has 2019
adversely impacted the quality of debates and their outcome. Discuss.
6. What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent 2015
Ordinance promulgated by the President? How far will it improve India’s dispute resolution
mechanism? Discuss.
7. The ‘Powers, Privileges and Immunities of Parliament and its members’ as envisaged in Article 105 of 2014
the Constitution leave room for a large number of un-codified and unenumerated privileges to
continue’. Assess the reasons for the absence of the legal codification of parliamentary privileges. How
can this problem be addressed?
8. Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the 2022
legality of re- promulgation of ordinances by the Governor without placing them before the
Legislature.

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PRAHAAR 2024: Indian Polity and Constitution

12 JUDICIAL SYSTEM IN INDIA

The Judiciary, which is an important organ of the government performs the role of independent dispute resolution.
Indian judiciary, one of the very powerful judiciaries in the world has been the nation’s moral conscience, speaking
truth to political power, upholding the rights of citizens, mediating Centre-state conflicts, providing justice to the rich
and poor alike, and on several momentous occasions, saving democracy itself.
COMPARISON OF INDIAN AND OTHER JUDICIAL SYSTEMS
INDIA-USA
Judiciary of India America
Integrated system: Hierarchy of Double system of courts: Federal judiciary
courts i.e Supreme courts, for federal laws and state judiciary for state
Judicial system
Highcourts, and subordinate laws.
courts.
Jury system Does not exist. Allowed.
Collegium system. The Judiciary Justices are nominated by the President and
Appointment of judges has a greater role in the confirmed by the Senate i.e. greater role to
appointment. elected representatives.
Supreme court: 65 years High Judges serve for a lifetime
Retirement age for court and other subordinate
judges courts: 62 years

Confined to federal cases Federal cases + cases relating to naval

Original Jurisdiction
forces, maritime activities, ambassadors, ,
of the supreme court
etc.
Appellate Jurisdiction of Constitutional, civil, and criminal Only constitutional cases
the supreme court cases.
Indian Judges sit on several All American judges sit together for decision
benches of 3 to 5 judges and if making
Deciding of cases
necessary then more number of
judges.
Yes No
Advisory Jurisdiction of
supreme court
Can be enlarged by Parliament. Powers are limited to that conferred by the
Change in Jurisdiction
Constitution.
Integrated judicial system: Power of Double (or separated) judicial system-> no
Control over judicial superintendence over HCs. such power.
subordinate courts

INDIA-UK
Divergence India UK
Jury system Not Present Present
Judicial Originally Procedure established by law. Post Due process of law-> Parliament is supreme
review Maneka Gandhi case: ‘Due Process of law’. and the court does not check the fairness of the
Thus, its scope of judicial review has been law. Lacks basic structure doctrine
widened.
Judicial Collegium system: Greater role of the Judicial appointment commission-> Primacy
appointment judiciary which results in less transparency. to parliament-> Greater transparency.

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PRAHAAR 2024: Indian Polity and Constitution
Convergence:
• Independence of judiciary: Ensured through the doctrine of separation of power in both countries.
o Eg. the UK removed the judicial function from the office of lord chancellor similar to the Keshavanand Bharati
case of 1973.
• Alternate dispute resolution: Both countries are exploring ADR mechanisms to improve justice delivery.
o E.g. The UK established the Ministry of Justice in 2007. Similarly, India has started a national mission for justice
Both executive action can be reviewed
delivery and legal reform.
Rule of law - equality before law
• Accountability: India is exploring ways to ensure transparency in judicial appointments through steps like NJAC.
Write petition for safeguarding rights by both
KEYWORDS: mediating Centre-state conflicts, Independence of judiciary, original jurisdiction, Special leave,
Integrated judicial system, Collegium system, Due process of law.

75 YEARS OF THE SUPREME COURT OF INDIA

Recently, the Prime minister inaugurated the Diamond Jubilee celebration of the Supreme
Court of India on 28th January 2024 at the Supreme Court auditorium in Delhi.
About Supreme Court
• According to Article 124(1) of the Indian Constitution, the Supreme Court of India must
have a Chief Justice of India (CJI) and a maximum of seven additional justices unless
Parliament specifies a higher number through a statute.
o Currently, the Supreme Court comprises the Chief Justice and 33 other Judges.
• Constitutional Provisions: outlined in Articles 124 to 147 of the Indian Constitution.
Key Features of the Supreme Court of India
• Highest Court of Appeal: The Supreme Court is the highest appeal court is also known
as the apex court of India and even the last resort, where the citizens of India can seek
justice if they are not satisfied with the judgment of the High Court.
• Advisory Jurisdiction: As per Article 143 of the Constitution, the SC can advise the President of India that is related
to the question of law, and the nature of the matter is associated with public importance.
• Adjudicate Federal Disputes: The Court resolves disputes between the Union and the states and between different
states (Article 131). Original jurisdiction
• Judicial Review: The Supreme Court reviews laws and actions of the executive to ensure they comply with the
Constitution.
• Protection of Fundamental Rights: The Court protects the fundamental rights of citizens by issuing writs and
orders (Article 32).
Challenges Faced by Supreme Court
• Massive Case Backlog: As of 2023, there were over 80,439 cases pending in the Supreme Court alone.
• Judicial Activism vs. Judicial Restraint: This debate revolves around the appropriate role of the judiciary in
policymaking and governance.
• Uncle Judge Syndrome:The Law Commission of India's 230th Report highlighted a concern about potential
favouritism in the appointment of judges to the High Court and Supreme Court, impacting the impartiality and
fairness of the judicial system.
• Judicial-Executive Conflict: The judiciary and executive have faced rising conflicts, marked by delays in judicial
appointments, the Tribunalisation of justice, and public criticism of the executive during COVID-19.
Way Forward
• Case Management and Technology: Implementing case management systems and leveraging technology for e-
filing, video conferencing, and virtual hearings can help reduce case backlog and improve efficiency.
• Enhancing Transparency and Accountability: Transparency in the appointment of judges and making judgments
more accessible to the public can help improve public trust in the judiciary
• Strengthening Judicial Independence: Ensuring that the judiciary is free from undue influence and interference
from the executive or other branches of government can help maintain the integrity of the judicial system.
VARIOUS SIGNIFICANT ROLES THAT JUDICIARY PLAYS
Judiciary as protector of Fundamental rights:

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PRAHAAR 2024: Indian Polity and Constitution
• Judiciary is entrusted with the task of protecting the rights of individuals. The Constitution provides two ways in
which the Supreme Court can remedy the violation of rights.
o First, it can restore fundamental rights by issuing writs of Habeas Corpus, mandamus, etc(Art-32). The High
Courts also have the power to issue such writs (article 226).
o Secondly, the Supreme Court can declare the concerned law as unconstitutional (article 13).(Function as
interpreter of the Constitution )
Judiciary as protector constitution and saviour from the arbitrariness of government/state:

Judicial review ReviewArt 13

of constitutional amendments, legislation of the Parliament and State Legislatures,
subordinate legislation, and administrative action of the Union and State authorities.
IR Coelho case - Ninth
sch judicial review
Article 142 Allows the Supreme Court in the exercise of its jurisdiction to pass such decree or make
Also pil led to such order as is necessary for doing complete justice. E.g. Bhopal gas tragedy case the court
RTE act had awarded compensation of $470 million to the victims, to do “complete justice”.

Interpretation Under its original jurisdiction, the Supreme Court keeps the government within their limits
of constitution by judicial interpretations. Basic structure - keshavananda bharati

Therefore, the founding fathers incorporated in the Constitution itself the provisions of judicial review. This enables
the judiciary to maintain the balance of federalism, to protect the Fundamental Rights and Fundamental Freedoms of
citizens.
IMPORTANT JUDICIAL CONCEPTS
Procedure established by Law Due process of Law
Borrowed British USA
from
• Whether there exists a law that authorizes Along with Procedure established by Law also
the executive action; examines the inherent goodness of the law using
Test to check
• Whether the legislature had the principles of natural justice.
the validity of
competence to pass that law;
a law
• Whether the legislature followed the
established procedure to enact that law.
Good sense of legislature and the strength Also, upon Judicial conscience.
Relies upon
of the public opinion.
Limited. Can declare laws violative of Can declare laws violative of rights of citizens on
Judicial power rights of citizens only on procedural both substantive and procedural grounds.
grounds.
Protection The arbitrary action of the only executive The arbitrary action of both the executive and
against and not legislature. the legislature.
PRINCIPLE OF NATURAL JUSTICE
An authority shall act bonafide (in good faith) without any bias.
No man should be punished without being heard.
No man shall be the judge of his own case.
Maneka Gandhi vs. GOI, 1978: Article 21 incorporate principles of natural justice.
Central Inland Water Transport Corporation Ltd. vs. Brojo Nath Ganguly, 1986: PNJ are implicit to the right
of equality under Article 14.

KEYWORDS: Highest Court of Appeal, Judicial Activism, Judicial Restraint, Uncle Judge Syndrome, protector of
Fundamental rights, Habeas Corpus, mandamus, Judicial review, Interpretation of constitution, doctrine of
separation of powers, Judicial conscience,

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PRAHAAR 2024: Indian Polity and Constitution
JUDICIAL PENDENCY
Average disposal time (Compared to Europe): 4.4 times in civil cases and 6 times in criminal cases.
Law commission: It will take 464 years to clear pendency with present judges' strength.

Courts Pendency of cases (As of December 2022)

Supreme Court 69,598

High Courts 59,78,714

Lower courts 4.4 crore

Reasons:
Personnel • 327 out of 1114 Sanctioned judges posts in the 25 High Courts are vacant on April 1
(2024) High vacancy in high courts
• 10.5 judges/million population (Law commission recommend 50/million)

Administrative • More than 50% of cases violate the rule of 3 adjournments per case.
• Supreme court works on average 222 days despite the rule mandating a minimum of
225 days. Summer vacation for judges reflects colonial hangover.
• Special leave petition (Article136) comprises 40% of the court’s pendency.
• Lawyers collusive corruption especially at subordinate levels in order to drag the case.

Infrastructure • Existing infrastructure could accommodate only 15,540 out of sanctioned 20,558
judicial officers.
• 0.09% of GDP spent on court infrastructure.
• Old technologies used in administration increases time of litigation.

other • Delayed Investigations: Lack of modern and scientific tools has resulted in a
handicapped police investigation.
• Centre and the States were responsible for over 46% of the pending cases.

Steps to reduce pendency New litigation policy

• 120th Law commission: appoint efficient and experienced judges as Ad-hoc judges (Article 128 and Article 224A)
• Law Commission and Supreme court in Vasantha Case: Separate supreme courts function into the court of
appeal and constitutional court.
• Judges allocations considering the need and factors like:
o Criminal cases have a 2.5 times higher backlog.
o Life Cycle Analysis to Identify specific stage for causing delay i.e. procedural inefficiency/human resource
shortage. E.g. Zero pendency case of Delhi HC
o State-wise case clearance rate: Gujarat has 100% CCR and Bihar has 55.8%CCR
• Increasing court productivity:
o Increase the number of working days.
o Strict codes of conduct for judicial officers to ensure the adequate performance of duties.
o Business process reengineering.
o Deployment of modern technology: NJDG under e-court; Big data analytics of cases. Fast track courts have
o Online filing of cases. solved millions of cases to
• Three-pronged approach as recommended by Justice Ramana: reduce pendency
o Improving judicial infrastructure through the use of e-platforms and setting up of more courts
o Disputes settlement at the pre-litigation stage through counselling.
o Strengthening the existing Alternative Dispute Resolution (ADR) mechanism.
• Grouping of cases: Cases of specific types having high pendency shall be identified and a special committee shall
be appointed for the same. E.g. Recently court recommended panel to clear cheque bounce cases which constitutes
almost 30% to 40% of cases in trial courts.

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PRAHAAR 2024: Indian Polity and Constitution
• Legal Information Management and Briefing System (LIMBS) is a web-based application created by the
Department of Legal Affairs under the Ministry of Law and Justice, to make the legal data available at one single
point and streamline the procedure of litigation matters conducted on behalf of Union of India.
• Alternative Dispute Resolution mechanisms like Arbitration, Conciliation, Lok Adalats etc. should be promoted
by judges. Further, legal services authorities, such as, NALSA, SALSA, DALSA and TALSA, can generate awareness.
• Role of Media: The media as the 4th pillar of democracy should do periodic and constructive reporting on the
pendency of cases. This will have a dual benefit. Placing better accountability on judges Bringing the pendency to
the public domain.
The culture of rule of law must prevail as the government cannot be improved in silos. Well-functioned, accessible,
affordable, and speedy justice delivery act as an economic and social multiplier. The right to fair and speedy trial must
be upheld in all circumstances as it is an important component of dignified life under Article 21 of the Indian
Constitution.
KEYWORDS: Business process reengineering, LIMBS, Lok Adalats,

JUDICIAL APPOINTMENTS
Recently, President appointed 5 new Judges to SC (working strength of SC rise to 32 against sanctioned strength of 34),
by accepting the recommendations made by Supreme Court collegium.
Constitutional provision related to appointment:
• Article 124 (2): Appointment of SC judges
o CJI- By President after consulting such judges of the SC and HC as the President deems necessary.
o Other Judges- By President after consulting CJI and other SC and HC judges as he considers necessary.
• Article 217: Appointment of HC judges
o Chief justice of HC: BY President after consultation with CJI and governor of the state concerned.
o Other Judges: By President after consultation with CJI and governor of the concerned state and chief justice of
concerned HC.
Collegium System:
A committee of the Chief Justice of India, four senior judges of the Supreme Court take decisions related to
appointments and transfer of judges in the SC and HC.
Three-Judge Cases

First Judges Case (S P Gupta Consultation with CJI doesn’t mean concurrence and it only implies exchange of
Case) 1981 views. Greater say to the executive.

Second Judges Case, 1993: Consultation with CJI means concurrence i.e. advice tendered by CJI is binding
on the president. However, CJI needs to consult two senior-most judges.

Third Judges Case, 1998 CJI should consult with four senior-most SC judges to form his opinion.
Lacuna in Collegium System:
• Autocratic: It isn’t a constitutional body. The constitution of collegium can be perceived as an act of the judiciary to
control the appointments and transfer in the judiciary
• Opaqueness: Lack of transparency in functioning -> Undemocratic.
• Law Commission (230th report):
o Nepotism, corruption, and personal patronage are prevalent in the functioning of the collegium system (Uncle
Judges Syndrome).
• Violation of Article 74: President to act on the aid and advice of the Council of Ministers
• Merit vs Seniority: Due to the seniority rule people with better qualifications and better track records have been
side lined to make way for someone incompetent.
• Appointments failure: The collegiums has failed to appoint judges as per the vacancies
• No system of checks and balances: Second Judges case made CJI recommendation binding on President, virtually
no say of the executive.
Way Forward:
• Early Finalisation of Memorandum of Procedure (MoP).

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PRAHAAR 2024: Indian Polity and Constitution
• Permanent independent body: Adequate safeguards to preserve the judiciary’s independence, judicial primacy
but not judicial exclusivity.
• Collaborative process: Filling up vacancies is a continuous process involving the executive and the judiciary so
difficult to have a time frame. The process of filling up vacancies should ensure independence, diversity, professional
competence, and integrity.
• Objective eligibility criteria: To understand reasons for an appointment or non-appointment.
o Recently SC Collegium has decided to put all its recommendations in Public Domain indicating the reasons is a
positive step.
• Collegium must provide a panel of possible names to the President to appoint in order of preference and other
valid criteria.
• Law Commission: Parliament to pass a law restoring the primacy of the CJI, while ensuring that the executive
played a role in making judicial appointments-> Ensures power balance.
REMOVAL OF JUDGES

Constitutional provision for removal:

• Article 124(4): Judge of SC can be removed only by the President.
• Ground: ‘proved misbehavior’ or ‘incapacity’ only after a motion to this effect is passed by both the Houses of
Parliament by a special majority.

Concern in removal procedure:

• Vagueness: Lack of clarity as terms like misbehavior is undefined and open to interpretation.
• Lengthy process: Cumbersome and tedious Impeachment process -> virtually no accountability of judges.
• Against separation of power: Three members committee to investigate is headed by CJI or the SC judge. This leads
to judges removing the judges' situation.
• Lack of Transparency: Secrecy in the procedure of committee.
• The judge continues to hold the post.
o Both the Constitution and the Judges (Inquiry) Act of 1968 are silent on whether a judge facing an impeachment
motion should recuse from judicial work or not.
o The Judge during an investigation is not prohibited from discharging duties in court.
• Politicization: e.g. Congress abstained from voting on the motion for removal of Justice V. Ramaswami resulted in
failure of the process.
Way forward:
• Transparency in Appointment- As listed in MoP integrity shall be the primary criteria. Only judges of high calibre
and impeccable integrity are appointed to the higher courts.
• The Judges (Inquiry) Bill, 2006: proposed the National Judicial Council (NJC) to conduct inquiries into allegations
of incapacity or mis-behaviour by High Court and Supreme Court judges by people.
• Greater Internal regulation: Prompt disciplinary actions on misconduct; National Judicial Oversight Committee
should be created by parliament to scrutinize the complaints and investigation.

KEYWORDS: Three-Judge Cases, Memorandum of Procedure, National Judicial Appointments Commission,

Judges (Inquiry) Act of 1968,

JUDICIAL ACCOUNTABILITY
Judicial accountability describes the view that judges should be held accountable in some way for their work. This
could be public accountability i.e. getting approval from voters in elections or accountability to another political
body like a governor or legislature.
Need of judicial accountability:
• To uphold public trust: Recent remarks like asking a rape victim to marry a rapist, prioritizing cases of some
people for hearing, and delaying others erodes trust in the judiciary.
• Judicial Appointment: The collegium system results in judges appointing judges with virtually no role of executive
and legislature.

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PRAHAAR 2024: Indian Polity and Constitution
• Conflict of Interest : CJI decides master of rolls despite himself being a party in a case. E.g. Recent press conference
by four senior-most judges against CJI..
• Conduct of judges: Recent allegations of corruption on Justice Ramaswami, Allegation of sexual harassment on
Justice Ranjan Gogoi raises a question on the character of CJI.
• Opacity in operation: Under the blanket of judicial independence judiciary restricts outside body’s involvement in
the investigation of corruption cases and sets up in-house mechanisms.
• Information asymmetry: Supreme court rules do not provide a Time frame, appeal mechanism, penalty for the
delay to give information.
• Contempt of court: Being utilized for rightful critics also. E.g. Recent contempt proceedings against Kunal Kamra
and Prashant Bhushan.
• Judicial overreach: Activism towards citizen grievances has encroached on a line of overreach. E.g National anthem
case, Highway liquor ban.
• Judicial Independence: Without accountability, Judicial independence can be used for the personal benefit of
judges, and not for the protection of the rule of law, and the rights of citizens.
Steps taken to ensure judicial accountability:
• Adoption of a charter ‘Restatement of Values of Judicial Life’ by Supreme court in 1997 and Bangalore Principles
of Judicial Conduct in 2002.
• Judicial Standards and Accountability Bill, 2010 - Establishes the National Judicial Oversight Committee which
may issue advisories or warnings to judges, and also recommend their removal to the President.
• The Supreme Court (SC) approves live-streaming of court proceedings.
• Draft Memorandum of Procedure, 2016:
o Include “merit and integrity” as “prime criteria” for the appointment of judges.
o Permanent secretariat in Supreme Court for maintaining records of high court judges
• SC vs Subhash Chandra Agrawal case: CJI is declared as a public authority under the RTI act.
Steps required:
• The media shall study the judgment. Comment on it academically so that judges know that they are being watched.
That is the way to ensure accountability - Arun Shourie
• Independent judicial Lokapal for complaint against judges.
• Comprehensive code of conduct for judges
• Two-level judicial discipline model - 1st level: Fine/suspend; 2nd level: Removal.
• Awareness and sensitivity of the appointees to the country’s diversity - Criteria in the appointment.

JUDICIAL ACTIVISM AND JUDICIAL OVERREACH

Judicial activism: Judicial Overreach

It is proactive and assertive role played by the Extreme form of judicial activism where arbitrary and
judiciary to force the executive and legislature unreasonable interventions are made by the judiciary into
to discharge their constitutional duties to the domain of the legislature or executive.
uphold the rights of citizens.

E.g. Directing to create a new policy to handle E.g. Supreme Court, ruling on a PIL which was about road
drought, setting up a bad loans panel, ordering safety, has banned the sale of liquor at retail outlets, as also
to restore the Internet in Kashmir, etc. in hotels, restaurants, and bars, that are within 500m of any
national or state highway. Eg 2g spectrum case -

Methods of Judicial Activism

cancellation of licenses
• Constitutional interpretation Eg keshavananda - basic structure doctrine

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PRAHAAR 2024: Indian Polity and Constitution
• Judicial review: power of the judiciary to interpret the constitution and to declare any such law or order of the
legislature and executive void, if it finds them in conflict with the ConstitutionArt 13 , IR Coelho - judicial review is basic
• PIL: The person filing the petition must not have any personal interest in the structure
litigation, this petition is accepted by
the court only if there is an interest of large public involved. Eg - led to RTE act
• Supervisory power of the higher courts on the lower courts
4. Article 141 - complete justice - eg bhopal
• Access of international statute for ensuring constitutional rights
gas tragedy compensation to victims
Benefits of Judicial activism:
• Checks and balance: Creativity Egtonjac
bring out innovation in the form of a solution e.g. Giving the order to ban the
polluting industry in the area around Taj Mahal which has resulted in the restoration of heritage.
• Judges wisdom: E.g. Vishaka guidelines to prevent sexual harassment at workplace..
• The shift from locus standi to public interest litigation made the judicial process more participatory and
democratic.
• Complete delivery of justice: Invocation of Article 142 to release undertrials and for granting USD 470 million
compensation to victims of Bhopal gas tragedy.
• Speedy solution: Legislature gets stuck in the issue of majority. E.g Banning of old vehicles in Delhi.
Issues with Judicial Activism:
• Exceeding Power: Judges are supposed to exercise judgement in interpreting the law, according to the Constitution.
But sometimes they appear to exceed their power in deciding cases before the Court.
• Hampering Spirit of Constitution: It destroys the spirit of the constitution as democracy stands on the separation
of powers between the organs.
• Tyranny of Unelected: Results in tyranny of the unelected as Judges assumes central role in day to day decision
making. Judiciary is not accountable to people
• Personal Agenda: Judicial activism describes judicial rulings suspected of being based on personal or political
considerations rather than on existing law. Eg - Censorship In jolly llb
• The judicial opinions of the judges once taken for any case becomes the standard for ruling other cases.
• Lack of expertise: Judiciary lacks both time and resources to enact legislation. Sometimes practical difficulties of
such enactments are not known to the courts. Ex: Ban on BS-IV vehicles from April 2020 which had to be extended
many times.
Concerns over Judicial overreach:
• Undermining the doctrine of SOP: The power vested in SC in Article 142 is extraordinary. Frequent use of this
power, violation of the doctrine of Separation of Power.
• Negligence of the challenges faced by legislature and Executive: The legislature and Executive works depend
on 4F i.e. Fund, function, framework, and functionary. Judicial order without considering the holistic impact on these
4F can cause harm to the economy e.g. Cancelling of coal blocks allocations and spectrum allocations resulted in
poor health of the financial institutions
• Lack of accountability of the judiciary: Judiciary is not accountable to the people. Power of ‘Contempt of court’
could be misused to evade public criticism for many of its actions.
• Selfish motives of judges which can harm the public interest. E.g. Proactive censorship in Jolly LLB
• Uncertainty in laws - E.g. Cancellation of telecom license
• Knee jerk reaction: Decisions in the anxiety of doing complete justice but without considering research on
widespread consequences cause greater harm. E.g. Highways liquor ban in 500 meters from national and state
highways resulted into lacs of unemployment. However accidental deaths caused due to drunken driving were only
4.2% as against the 44.2% caused by over-speeding.
Way ahead:
• Improving the quality of legislation
• Judiciary should exercise self-restraint and eschew the temptation to act as a super-legislature
• Article 142 cases should be referred to a Constitution Bench of at least five judges. This will ensure decision as an
outcome of five independent judicial minds operating on matters having such far-reaching impact on the lives of
people
• Appropriate when it is in the domain of legitimate judicial review. However, it should not be a norm nor should it
result in judicial overreach.

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PRAHAAR 2024: Indian Polity and Constitution
Making law is the function of the legislature and the executive has to implement it properly. So that only
interpretation remains a work for the judiciary. Only the fine equilibrium between these organs of the government
can sustain the constitutional values.
Difference between Judicial Activism and Judicial Restraint
Parameters Judicial Activism Judicial Restraint
Definition It is judicial Philosophy of going Judicial Philosophy of showing restraint from striking
beyond the traditional role of just down a law or stopping interfering in the working of
checking the legality of the law. the other organs of the government.

Usage When there is the scope of judicial When there is scope to maintain separation of powers
intervention to correct things. and other grievance redressal mechanisms are
available
Examples The courts taking up Suo moto cases, Expressing restraint from not involving in Speakers
Banning the sale of liquor on actions in deciding anti-defection law.
Highways separation of powers and
other grievance redressal
mechanisms
Famous Case The 2G Scam verdict cancelling SR Bommai vs Union of India 1994, Almitra H. Patel vs
telecom licenses Union of India 1998

KEYWORDS: public trust, Contempt of court, Judicial overreach, Restatement of Values of Judicial Life, locus standi,
public interest litigation

CONTEMPT OF COURT
Contempt of Courts Act, 1971 defines contempt of Court as Civil contempt: Willful disobedience to any
judgment, decree, direction, order, writ, or other processes of a court or willful breach of an undertaking given to a
court.
Constitutional provision:
• Article 129 and 215: Powers SC and HC as a court of
record including the power to punish for contempt of itself.
• Article 142(2): enables the Supreme Court to investigate
and punish any person for its contempt.
Need of contempt power:
• Upheld court honour: Judiciary rest on the trust of people.
Pritam Lal v. The High Court of M.P SC held that it is the
duty of the Court, to punish the contempt act to preserve
its dignity.
• Rule of Law: Disobedience of court’s order violates the principle of Rule of Law. Hence contempt power holds
together the basic structure of the Constitution.
• Equality before law: Tool against the rich and the powerful by forcing compliance to the court orders.
• Independence of the judiciary: Protection from the opinion of public and media trials.
• Reasonable restricts: Article 19(1) of the Constitution provides contempt of court as a reasonable restriction for
curbing the freedom of speech and expression.
• Law Commission (274th report): several inbuilt safeguards to protect against its misuse. E.g. Section 13 of the
Contempt of Courts Act, 1971 : If the degree of harm is slight and beneath notice, the court won’t punish for contempt
• Interference in justice Administration: The High Court in Brahma Prakash Sharma v State of Uttar Pradesh
observed that it is not necessary to specifically prove that an actual interference with the administration of justice
has been committed in contempt of court case.
Argument against:
• Free Speech and Expression

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• Judicial accountability: In free democratic society criticism of the Judiciary is inevitable to hold it accountable. It
should not be a matter of concern as long as it doesn’t obstruct Justice delivery.
• Vague grounds: Grounds such as scandalizing the court are open-ended and prone to misuse.
• Against the Principle of Natural justice: No man should be the judge in his own case. But in contempt cases, Judges
are a judge in their own cause.
• International practices:
o USA: Dignity of the Court will not be established and respected if free discussions about the Court were restricted
on the pretext of preserving its duty.
• The contempt jurisdiction is not intended to uphold the personal dignity of the Judges.
• Period of Limitation: Despite the maximum duration for initiating contempt proceedings is one year but many of
the contempt cases are pending for more than ten years.
Way forward:
• Reduce discretion: Contempt power shall be made more determinate and principled.
• Identify the difference between contempt of court and contempt of judge.
• Proportional Punishment: Punishment for contempt is inadequate and is not a sufficient deterrent.it should be
sufficiently enhanced to deal with interference in justice delivery.
• NCRWC: Contempt power and judicial review restricted to SC and HC only..
• Elements of ‘mens rea’ (legal concept denoting criminal intent or evil mind) may be incorporated in the act.

Public institutions in a free society must stand upon their own merits. They cannot withstand it if their conduct does
not command the community's confidence. If their conduct justifies the respect of a community then they do not need
the protection under contempt rules.

KEYWORDS: Rule of Law, Equality before law, Reasonable restricts, Proportional Punishment, mens rea

WOMEN IN JUDICIARY Concerns - no women cji till date, only 11 judges

Cji - to inc 50% women rep in judiciary in SC since 71 yrs, only 1 cj of hc is women
Recently, Supreme Court had an all-woman bench which was only the third time in its history.
Reasons for lower representation of women:
• Social Factor : Long and inflexible work hours in law, combined with
familial responsibilities, force many women to drop out of practice and
they fail to meet the requirement of continuous practice.
• Seniority Principle: This principle is followed in case of appointments
to the higher judiciary. However, strict adherence to this also
discourages more women appointments. Collegium - judges appoint
• Lack of judicial infrastructure: The absence judges - favouritismchild care
of restrooms,
facilities etc .It was found in a survey of 6000 trial court rooms, that
about 22% of them do not have washroom facilities for women.
• No Women Reservation: Many states have a reservation policy for
women in the lower judiciary, which is missing in the high courts and
Supreme Court.
• Eligibility criteria for entrance exams: A major barrier to women’s recruitment as district judges is the eligibility
criteria to take the entrance exams.
o Lawyers need to have 7 years of continuous legal practice and be in the age bracket of 35-45.
• Low Representation of Women in Litigation: Number of women advocates is still low, reducing the pool from
which women judges can be selected.
• Frequent transfers: Magistrates are made to transfer every three years. This can be seen as another challenge to
fill the gender gap in the judicial system as the defined gender roles in the Indian society makes it difficult for women
to stay away from their homes for their careers.
• Patriarchal society: According to a study by the International Commission of Jurists (ICJ) the lower representation
of women in the judiciary is often due to gender stereotyping
Importance of women representation:
• Encourage more women to report cases.: Easy availability of women advocates-> Make women victims more
comfortable to communicate problems like sexual violence

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• Justice Quality: Empathy and sensitivity are virtues associated with women which can improve the quality of
judgement.
• Public trust: Gender diverse bench will result in judiciaries being perceived as more transparent, inclusive, and
representative of the people whose lives they affect
• Breaking Patriarchal Barrier of terming women incapable for litigation jobs.
• Global commitment: SDG 5 and SDG 16 aims to achieve gender equality and women’s representation in public
institutions such as the judiciary.
• Diversity in Views: It is definitely valuable to have representation of various marginalities in the judiciary because
of their different lived experiences. Diversity on the bench would bring in alternative and inclusive perspectives to
statutory interpretations.
• Flip to Women empowerment: More women as judges would hail as role models to other females thus providing
an overall lift to women empowerment.
Way forward:
• Effective long-term plan: Collation of data of prospective women candidates in the lower judiciary, revisiting
appointment criteria to ensure marginalized section women representation.
• Gender sensitization: Judges of “old school” and “patriarchal” in outlook, should be sensitized to prevent them
from passing orders objectifying women in sensitive cases.
• Retaining women in profession: Governments should rationalize salary and allowances of lower judiciary and
provide security of income to female lawyers to reduce uncertainty.
• Societal mindset: Judges and lawyers shall be judged on merit and not on gender.
• Reservation: Higher judiciary should also have horizontal reservation for women such as subordinate judiciary
without diluting merit.
FAST TRACK COURTS
• Recently, Law Minister presses for accelerating setting up Fast-Track Courts (FTCs) and Fast-Track Special Courts
(FTSCs).
• FTCs and FTSCs are dedicated courts
expected to ensure swift
dispensation of justice.
• Article 247 - Parliament to establish
certain additional courts for the
better administration of laws made
by it or of any existing laws with
respect to a Union List.
Historical evolution:
• 11th finance commission (2000): Establish 1734 Fast track courts-> speedy disposal of pending cases especially
undertrials in the lower judiciary.
• HC appointed judges on an ad hoc basis from retired HC judges, eligible bar members, etc
• 2005: 1562 FTC functional -> scheme extended till 2011 -> 2011: 1192 FTC functional.
• Post-2011: No central funding and state to establish FTC with their fund.
• 14th Finance Commission: Setting up 1800 FTCs (Rs.4144.00 crore) and urged the State to utilize the enhanced
devolution of central taxes(42%) to fund this effort.
• Ministry of Law and Justice - scheme for setting up 1023 FTSCs for rape and POSCO act cases, as a part of National
Mission for Safety of Women (NMSW).
• Important cases handled: 26/11 attack case, Best bakery case.
Advantages of FTC:
• Reducing pendency: FTCs have solved millions of cases to reduce the burden on other courts.
• Judicial efficacy: Simplified procedure-> High case clearance rate and speedy trial rate -> increases Judicial efficacy.
• Promote specialization: FTCs are established to handle specific types of cases. This enables the appointment of
experts in that field as judges.
• consistency and predictability: FTCs have high-performance rates and are stable and steady. It renders justice
with high accuracy.

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• Act as a deterrent: speedy justice acts as an effective deterrence in reducing crime in society.
• Increase in effectiveness: Speedy justice results in enhanced efficiency and effectiveness of our judicial system,
promoting people’s confidence in the justice delivery mechanism in India.
Issues faced:
• Systemic issues:
o An insufficient number of FTCs and judges compared to cases to be handled. E.g. Delhi FTCs have only one or two
judges.
o Ad-Hocism: Instead of establishing to address pendency, established based on specific incidents.
• Heavy workload: Increasing cases assigned without increasing number of judges -> Increased pendency in FTCs
• No special or speedier procedure: Usual delay like the regular courts. NCRB (2018): 78% out of 28,000 trials done
in FTCs took more than a year to complete.
• Lack of infrastructure: Often housed in an existing court and various equipments needed to conduct video and
audio recordings of victims -> Reduces the effectiveness
• Financial constraints: SC in Brij Mohan Lal case- continuation of FTCs is in the state domain with their funds. E.g.
As per PRS date(March 2019) 56% of the States and UT had no FTCs.
• Lack of Coordination: tribunals -> managed by different ministries. fast-track courts and special courts -> under
different judicial bodies, with little coordination or uniformity among them.
Way Forward:
• Capacity building and improving infrastructure: Appointment of additional judges, making FTCs permanent,
dedicated courtrooms, technological facilities, etc shall be the priority.
o Suggested by the Supreme Court, the ad-hoc judges and support staff should be granted permanent
appointments shall be a priority.
• Modern technologies: Tools like Big data analysis, AI shall be used to ensure better grouping of cases and decide
priority.
• Sensitizing State Governments: Conference of Chief Ministers and Chief Justices, the State in consultation with
Chief Justices of HC -> establish a suitable number of FTCs and provide adequate funds.
• Coordination: FTCs and special courts -> under different judicial bodies with little coordination -> a lead agency to
be established by Central and State Governments to streamline the functioning of courts systematically.
• Holistic approach: Police reforms to improve investigation, Special procedure for speedy disposal of cases.

KEYWORDS: judicial infrastructure, National Mission for Safety of Women, Case Listing, Digital divide, Data
management.

REGIONAL BENCH OF SUPREME COURT

Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice informed the
Parliament about the government’s acceptance of its recommendation to establish regional benches of the Supreme
Court (SC).
• The recommendations were made in the 133rd report of the Parliamentary Standing Committee titled, ‘Judicial
Processes and Their Reform’.
• SC of India may invoke Article 130 of the Constitution for establishing its regional benches at four or five locations
in the Country.
• The interpretation of Constitution and Constitutional matters may be dealt at Delhi and the regional benches may
decide appellate matters.
• The appellate benches’ decisions should be treated as final, and it should not be treated as another layer of the
judiciary.

Law Commission’s recommendations on regional benches of SC

• 95th Report of Law Commission (1984): SC should consist of two Divisions, namely, Constitutional Division
and Legal Division.
• 229th Report of Law Commission (2009): Recommended setting up,
o Constitution Bench at Delhi

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o Four Cassation Benches in the Northern region at Delhi, the Southern region at Chennai/Hyderabad, the
Eastern region at Kolkata and the Western region at Mumbai.

Need for Regional Benches:

• Inclusive Justice delivery: Article 39A directs states to make provisions to ensure that no person shall be deprived
of getting justice.
• Accessibility: For the poor and people living in far-off places like the north-east access to SC seats in Delhi is less.
• High Pendency: As per NJDG approx 80,000 cases are pending in SC and disposal of appeals takes many years.
• Constitutional court: Cases decided by constitution benches (i.e 5+ judges) have declined from about 15% (1950s)
to 0.12% (last decade). With regional benches, SC in Delhi can only hear matters of constitutional law.
• Economic growth: More prosperous states have higher civil litigation rates.But Judicial backlogs discouraged civil
case filings -> regional bench is a step-in right direction.
• Recommended by various committees:
o Parliamentary standing committees in 2004,2006 and 2008 recommended the same.
o Law commission: 229th Report: Constitution Bench in Delhi for constitutional and allied issues, and four
Cassation Benches in Delhi, Chennai/Hyderabad, Kolkata, and Mumbai for all appellate work.
o Supreme Court (1986): Establishment of National Court of Appeal with regional Benches at Chennai, Mumbai,
and Kolkata.
o V. Vasantha Kumar case, 2016 the SC referred the matter to a Constitutional Bench for the decision on the
National Court of Appeal.
Concerns:
• May dilute superiority of the SC decisions: Fundamental change in the character of SC and its aura as Apex court.
It would require amending Article 130 which might not stand basic structure.
• Affect integrated judiciary system: In 2010, CJI and 27 judges had rejected law commission recommendations for
regional Benches citing this reason.
NALSA
Parliamentary Standing Committee submitted its Report on “Review of the working of Legal aid under the Legal
Services Authorities Act, 1987.”
• The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act,
1987 to monitor and evaluate the implementation of legal aid programs and to lay down policies and principles for
making legal services available under the Act. Also have SALSA, DALSA
• Constitutional basis: Article 39A provides for free legal aid to the poor and weaker sections of the society and
ensures justice for all. Articles 14 and 22(1) make it obligatory for the State to ensure equality before the law and
a legal system that promotes justice based on equal opportunity to all.
• Main functions: State Legal Services Authorities, District Legal Services Authorities, Taluka Legal Services
Committees discharge the following main functions on regular basis -
o To provide free and competent legal services to the eligible persons.
o To organize Lok Adalats for amicable settlement of disputes.
o To organize legal awareness camps in the rural areas.
o Providing Compensation to the Victims of Crime
o Promoting dispute settlements
• Persons eligible for getting free legal services includes: Women and
children, Members of SC/ST; Industrial workmen; Victims of mass disaster,
violence, flood, drought, earthquake, industrial disaster; Disabled persons;
Persons in custody; Persons whose annual income does not exceed Rs. 1 lakh
(in the Supreme Court Legal Services Committee the limit is Rs. 5,00,000/-);
Victims of Trafficking in Human beings or beggar.
Challenges faced in ensuring free legal aid:
• Lack of awareness among people about their basic rights of free legal aid.
• Free aid vs Quality: There is a perception that free service doesn’t provide
quality services.
• Human resources: Dearth of enough lawyers to deliver free legal aid by the legal services authorities.

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• Lack of motivation: Though Lawyers are assigned to provide legal
aid and paid with public funds, They lack interest in their clients.
This hampers the quality of arguments by lawyers.
• Demand for money: Assigned lawyers compel many innocent
clients to pay additional amounts of money to them, even though
services are free.
• Inefficiency: The system for free legal aid is not very streamlined
and standardized. This has resulted in inefficient delivery of free
legal aid.
Way Forward:
• Encourage more lawyers to deliver free legal supplemented with
an awareness campaign to inform people about free legal aid.
• The use of ICT, Big data analytics, etc can minimize the average time between application for legal aid and lawyer
assigned time which at present is 11 days nationally.
• Incentivising lawyer for free legal aid with a decent salary and other additional perks like a priority in any
appointment process
• International experience: For seamless delivery of free legal aid countries like South Africa, Kenya, , etc.
categorized it as “essential services”.
SDG-16 seeks to "Promote peaceful and inclusive societies for sustainable development, provide access to justice for
all and build effective, accountable and inclusive institutions at all levels. The role played by NALSA and its networks
assist in achieving the same.
Government Initiatives for legal aid
• "Designing Innovative Solutions for Holistic Access to Justice in India (DISHA)”
• Nyaya Bandhu Platform: Facilitate connection between Pro Bono Advocates and registered beneficiaries,
encouraging Pro Bono culture among law students, advocates, and law schools.
• Tele-Law Service: Connect beneficiaries with lawyers via tele/video conferencing, available in 2.5 lakh Gram
Panchayats across 766 districts.
• Legal Aid Defence Counsel System (LADCS): Initiated by NALSA, ensures efficient legal aid in criminal cases by
engaging fulltime lawyers across 676 districts nationwide, mirroring public defender systems in developed
countries.

KEYWORDS: Cassation Benches, essential services, State Legal Services Authorities, District Legal Services
Authorities, Language barrier, National Court of Appeal, Civil litigation rates, Inclusive Justice delivery.

JUDICIAL INFRASTRUCTURE IN INDIA

The Chief Justice of India proposed creation of a National Judicial Infrastructure Authority of India (NJIAI).
What is Judicial Infrastructure?
• An efficient “judicial infrastructure” means providing equal and free access to justice. This could be realised through
a “barrier-free and citizen-friendly environment.
• It includes the physical premises of courts, tribunals, lawyers' chambers, digital and human resources infrastructure
etc. that are essential to ensure timely dispensation of justice.
Reasons for the poor judicial infrastructure in India:
• Low budgetary allocation: India spends only about 0.09% of its GDP to maintain the judicial infrastructure.
o A 2023 report published by the Supreme Court showed that existing infrastructure could accommodate only
20,831 sanctioned strength of Judges in District Judiciary against the all-India sanctioned strength of 25,081.
• Lack of planning: The infrastructure is overburdened as the future needs are not adequately addressed during the
construction itself.
• Complex Financing: The financing judicial infrastructure requires coordination between various departments of
the state government including the district collectorate, the Public Works Department and the Finance Ministry.

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• Delay and Underutilisation of resources: The primary responsibility of infrastructure development for the
subordinate judiciary rests with the State Governments. some of the States are either delaying the process or not
giving their share of money as a contributing share..
• Judiciary’s dependence on the Executive: The project design, monitoring and execution of the infrastructure,
mainly the building infrastructure remains the sole prerogative of the Public Works Departments (PWD).
Need for Reforms in Judicial Infrastructure:
• High Pendency: There is a the huge backlog of over 4.4 crore pending cases. A study by the Ministry of Finance
found that it takes, on an average, almost 20 years for a property related dispute to be resolved, and that it would
take 324 years just to clear the present backlog at the current rate of disposal.
• Issues with enforcing Contracts: Ease of doing business in India is severely constrained by the inability to enforce
contracts or laws, lengthy and costly litigation and arbitration processes, and archaic legislations.
• Digitization of Judiciary: In the backdrop of COVID 19 pandemic and the shift towards digital mode, it is all the
more important to ensure modernization of judicial infrastructure in the country. At present, 73% of courtrooms
have no video-conferencing facility.
• Lack of accountability: In the absence of a dedicated special purpose vehicle or body for the purpose of enhancing
judicial infrastructure, nobody is willing to take responsibility to execute infrastructure projects.
• Underutilisation of funds: Some states transfer part of the funds for non-judicial purposes. Out of total ₹981.98
crore sanctioned in 2019-20 under CSS, only ₹84.9 crore was utilised by a combined five States, rendering the
remaining 91.36% funds unused.
Institutionalizing the mechanism for augmenting and creating state-of-the-art judicial infrastructure will help in
delivering quantitative and qualitative justice and ensure the bell of justice rings at the door of those deprived and
underprivileged.

KEYWORDS: National Judicial Infrastructure Authority of India, Sarkaria Commission report, President’s Rule,
Underutilisation of funds, State Emergency/Constitutional Emergency, Digitization of Judiciary,

Previous Year Question

1. The judicial systems in India and UK seem to be converging as well as diverging in recent times. 2020
Highlight the key points of convergence and divergence between the two nations in terms of their
judicial practices.
2. Judicial Legislation is antithetical to the doctrine of separation of powers as envisaged in the Indian 2020
Constitution. In this context justify the filing of large number of public interest petitions praying for
issuing guidelines to executive authorities.
3. Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission 2017
Act, 2014’ with reference to appointment of judges of higher judiciary in India

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13 DISPUTE REDRESSAL MECHANISM

• A dispute Redressal mechanism is a structured process that addresses disputes or grievances that arise between
two or more parties engaged in business, legal, or societal relationships.
• Dispute Redressal Mechanisms are typically non-judicial in nature, meaning that they are not resolved within the
court of law.
• The different mechanisms Formed in India: Gram Sabha, Nyaya Panchayat, Lok Adalat, Family Court, Counselling
Centres, Commission of Inquiry, Tribunal, Consumer Court, Indian Legislation on ADR, etc.
• Main Focus: In essence, the system focuses on Mediation rather than winner take all; Increasing Accessibility to
justice and Improving efficiency and reducing court delays.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
ADR means any procedure agreed to by the parties of a dispute, in which they use the services of a neutral party to
assist them in reaching an agreement and avoiding litigation.
Constitutional basis:
• Article 14: Equality before Law
• Article 32: Right to Constitutional remedies; right of people to seek justice.
• Article 39A: Equal Justice and Free Legal Aid.
ADVANTAGES OF ADR
• Law Commission: According to the Law Commission Report 222 (Need for justice dispensation), advantage of ADR
are-
o Less expensive.
o Less time-consuming: No appeal -> speedy dispute resolution.
o Free from technicalities: It is more flexible and responsive to the individual needs of the people involved.
o Parties are free: To discuss their differences of opinion without any fear of disclosure before the court.
• Continuing relationship: No Feeling of winning and losing among parties and grievances getting redressed->More
likely to preserve goodwill.
• Improved enforcement: As per World Bank's ease of doing business report, average days for enforcement of
contracts in India is more than the other emerging economies. The ADR can help to improve it.
• Greater compliance: The parties' involvement in the process creates greater commitment to the result so that
compliance is more likely.
• Saving Forex reserves: Significant amounts of forex are lost on arbitration in foreign countries like Singapore.
LIMITATIONS OF ADR
• Lack of awareness: People, lawyers, and judicial officers are unaware of the mandate to transfer cases to
arbitration and conciliation.
• The good faith of the parties: That is necessary for the success of ADR. Uninformed parties remain at a
disadvantage in succeeding in an ADR.
• Scepticism about the process and result: Many of the litigants are not satisfied and invariably dissociate
themselves and go to formal courts.
• Voluntary process: Without a mutually signed agreement parties Can’t be forced to resolve their disputes by ADR.
• Neutral arbitrator: Unsatisfied party invariably blames the arbitrator for bias and non-fairness.
• Non-resolution of disputes: except for arbitration (a binding decision), the ADR process may not always yield a
resolution. It can be used just as a stalling tactic.
• Limited scope: ADR resolves only issues of money or civil disputes and its proceedings will not result in injunctive
orders (ordering parties to do or not do something).
• No appeal: Unlike courts where appeal to a higher court is available, the decision of a neutral arbitrator cannot be
appealed.
WAY FORWARD
• Speedy and successful ADR: Incorporating tools like E-Lok Adalat, expanding scope in prelitigation -> building
confidence in the litigants and making them opt for ADR mechanisms.

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• Promote as a career: By creating trained arbitrators, and mediators, laying down procedures for quality control,
ethical standards, and accountability of arbitrators.
• Expand scope: Establish Arbitration and mediation centres for non-commercial disputes.
• Attitudinal change: It needs to bring people to choose ADR mechanisms with confidence and trust.
• Other measures: Infrastructure for ADR, Skilling of lawyers in ADR, providing required manpower.
• Arbitration and Conciliation (Amendment) Bill: Enacted the Arbitration and Conciliation (Amendment) act,
2021 to fill legislative lacunae.
• Arbitration Council of India: Appointment of arbitrator by SC/HC; Electronic depository of arbitral awards.
o Protect the arbitrator from legal proceedings for an action done in good faith.

LOK ADALAT
• Philosophy: Lok Adalat is a unique system developed in India. It means people’s court and is based on Gandhian
principles.
o It encompasses negotiation, mediation and conciliation as tools to settle disputes between the parties.
o First Lok Adalat camp in post-independence was organized in Gujarat in 1982.
• Jurisdiction: the cases (or disputes) which are pending in a court or which are at the pre-litigation stage (not yet
brought before a court).
o Some cases taken up in Lok Adalats are Matrimonial/Family Disputes, Criminal (compoundable offences) cases,
Land Acquisition cases etc.
o Offences which are non-compoundable (serious in nature) under any law fall outside the purview of the LA.
• Present Status: The Institution of Lok Adalats has been given statutory status under the Legal Services Authorities
Act 1987.
• Organising authority: The State/District Legal Services Authority or SC/HC/Taluk Legal Services Committee may
organize Lok Adalats.
• Members: Lok Adalat members consist of a judicial officer (Chairman), a lawyer (advocate) and a social worker.
• Power of civil court:
o Lok Adalats have the same powers as vested in Civil Courts under the Code of Civil Procedure (1908), and Code
of Criminal Procedure (1973)
o No appeal shall lie to any court against the award of the Lok Adalat.
o One of the advantages of Lok Adalat is that a number of disputes between different parties can be settled in one
go without wasting much time.
• Mobile Lok Adalat systems: Revolutionary changes are also happening in the administration of Lok Adalats with
the introduction of mobile Lok Adalat systems to bring justice to the doorsteps of the needy and poor.
GRAM NYAYALAYAS
EVOLUTION OF GRAM NYAYALAYAS
Law Commission in the 114th report recommended establishing them with the following purpose:
• More humane and accessible justice delivery to the most marginalized sections
• Reduce around 50 % of case pendency in subordinate courts
• Reduce workload on higher tiers of the judiciary.
• Gram Nayalayas Act, 2008: It was expected to set up 5000 Gram Nyayalayas and Central Government allocated
about Rs.1400 crores as assistance to the States/UTs.
• The uniqueness of Gram Nyayalayas:
o Mobile courts: presided over by Nyayadhikaris (judicial officer equivalent of Judicial Magistrates of the first
class).
o Appointed: By the state governments in consultation with its High Court
o Powers: Of both criminal and civil courts and their judicial competence was to be limited to disputes specified
in the first three schedules of the act
o Aim: For the settlement of disputes using reconciliation.
o Not bound by the rules of evidence: Under the Indian Evidence Act of 1872, but subject to rules framed by
respective HCs and guided by the principles of natural justice.
o Appeal: To the District Court in civil cases and Sessions Court in criminal cases.
o Established: At headquarter of every Panchayat at the intermediate level or a group of contiguous panchayat in
a district where there is no panchayat at the intermediate level

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REASON FOR POOR FUNCTIONING OF GRAM NYAYALAYA
• Overlapping jurisdiction: Over the years many states have established regular courts at the Taluka level thereby
lessening the need for an additional institution of gram nyayalaya.
• Lack of attention: Despite 1400 Cr allocations by the central government Gram Nyayalayas have simply been side-
lined by most state governments in their pecking order of policy priorities.
o The slow pace of funds utilization under the Scheme due to the lack of proposals from the States for setting up
Gram Nyayalayas.
• Lack of Human resources: Shortage of judicial officers for Gram Nyayadhikaris post, Non-availability of notaries,
stamp vendors, etc have hampered the progress.
• Lack of clarity: Whether Gram Nyayalayas gives an additional option for quick dispute resolution or not is doubtful
as alternative forums such as labour courts, and family courts are already available.
• Lack of awareness: In general awareness among all stakeholders i.e. litigants, lawyers, and police officers involved
in case resolutions remain extremely limited.
WAY FORWARD
• Mass awareness campaigns: To sensitize stakeholders on the utility and benefits of such a forum for availing
justice.
• Establishing permanent Gram Nyayalayas: In every panchayat and making new judicial officers mandatory to
serve in it, to train Gram Nyayadhikaris.
• A cadre of Gram Nyayadhikari: Individuals with a degree in social work along with law shall be recruited to this
service.
• Change in Working: The judicial, political and executive will have been completely missing to establish gram
nyayalayas. This needs to be changed first and foremost.
• Other measures: Creation of necessary infrastructure like Separate buildings, Local language training to recruit
Nyayadhikaris, etc.

Keywords: Gandhian principle, non-compoundable, Legal Services Authorities Act 1987, Legal Services Committee,
Nyayadhikaris

TRIBUNALS (PART XIV- A; ARTICLE 323A, 323B)

Recently, the Supreme Court (SC) ruled that tribunals cannot direct the government to frame policy.
• Also, SC said that making policy is not in the domain of the Judiciary.
• Definition: A tribunal is a quasi-judicial institution constituted with the objective of speedy, inexpensive, and
decentralized dispute resolution in various matters like administrative or tax-related disputes.
• Constitutional provision: Constitution by 42nd Amendment Act, 1976 (Swaran Singh Committee)

Dimension Article 323-A Article 323-B

Purpose Administrative Tribunals. Tribunals For Other Matters
Established By Only By Parliament Both By Parliament And State
Hierarchy No May Be Created
ADVANTAGES OF TRIBUNALS
• Flexibility: Not restrained by rigid rules under the Civil Procedure Code and the Indian Evidence Act and follow the
principles of Natural Justice.
• Relief to Courts: Relief to overburdened ordinary courts of law.
• Less Expensive: Less formal and a faster way to resolve disputes than the traditional court.
• Legally binding decisions: Same powers as a civil court, viz., issuing summons and allowing witnesses to give
evidence. Its decisions are legally binding on the parties, subject to appeal.
• Technical expertise: Provision to appoint expert members who play a critical role in the adjudication of matters
demanding technical expertise.
CONCERNS WITH TRIBUNALS
• Against the separation of powers: It has both administrative and judicial members.
• Conflict of interest: Appointments by executive and executive is also the largest litigant in the country.

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• Undermining Judicial Authority: Largely replaced HC for disputes under the various Acts. Appeal against the
appellate tribunal, directly go to SC, side-stepping the HC. (L. Chandrakumar’s case: 1st appeal to HC)
• Lack of autonomy: Operates under parent administrative ministries -> at their mercy for facilities, infrastructure,
and also rule-making.
• Low transparency: Lack of information available on the functioning, Websites are routinely non-existent,
unresponsive, or not updated.
• Increasing Pendency: Average pendency is 3.8 years (pendency in high courts is 4.3 years)
• Overlapping Jurisdiction: Tribunals function under various ministries and departments creating confusion about
the management of the tribunals. Also, multiple tribunals perform similar functions.
• Delayed awards: Cauvery Interstate water dispute tribunal was established in 1990 and took 17 years to
pronounce its judgment in 2007. This was further challenged in the supreme court. This reflects the very purpose
of the tribunal as a quick dispute-resolution mechanism.
WAY FORWARD
• Law Commission: Procedure for improving the working of the tribunal system
• Qualification of judges: transfer of HC jurisdiction-> qualified to be HC judge.
• Appointment: Nodal agency under law ministry to ensure uniformity in the appointment, tenure, and service
conditions of all members appointed in the tribunals.
• Vacancy: Filled preferably within six months before occurrence by initiating the procedure well in time.
• Selection of the members: impartial with minimal involvement of government agencies. Separate Selection
Committee, for both judicial and administrative members.
• Tenure: Chairman-> 3 years / 70 years and Vice-Chairman and Members -> 3 years/ 67 years.
• Accessibility: benches in different parts of the country ideally where the HC are situated.
• Aligning with the basic structure: tribunal order may be challenged before the Division Bench of the HC having
territorial jurisdiction over the Tribunal.
TRIBUNAL REFORMS ACT 2021
The Tribunals Reforms Bill, 2021 was introduced in Lok Sabha by the Finance Minister, Ms. Nirmala Sitharaman, on
August 2, 2021. Now it became an Act, after Presidential assent.
FEATURES
• Qualifications of tribunal members:
o Their service terms (such as qualifications, removal and pay) are to be decided by the Central Government.
• Search and selection committees:
o The Chairperson and Members of the Tribunals shall be selected by the central government based on the
recommendations of a Search-cum-Selection Committee.
o State administrative tribunals will have their own search and selection panels.
o The central government shall act on the recommendations of selection committees as soon as possible,
preferably within three months of the date of the recommendation.
• Eligibility and term of office: The act establishes a four-year tenure for tribunal members. It establishes a
maximum age of 70 years for the chairperson and 67 years for the other members.
o The minimum age for appointments is 50 years.
• Uniform compensation and rules: The statute establishes uniform pay and rules for search and selection
committees across tribunals.
• It also allows for the removal of tribunal members. It provides that the central government may remove any
Chairperson or Member from office upon the suggestion of the Search-cum-Selection Committee.
• Pay and allowances: The statute specifies that the Chairpersons and Members of the tribunal being disbanded
would cease to hold office and will be entitled to compensation equal to three months' pay and allowances for their
premature termination.

KEYWORDS: Armed Forces Tribunal, Swaran Singh Committee, Conflict of interest, L. Chandrakumar’s case.

INTER- STATE WATER DISPUTES

Recently, the Union Cabinet approved the terms of reference to Krishna Water Disputes Tribunal-II (KWDT-II)
under the Inter-State River Water Disputes (ISRWD) Act, 1956.

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CONSTITUTIONAL PROVISIONS
• Article 262: According to this Article, in case of disputes relating to waters:
o Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of, or in, any inter-State river or river valley.
o Parliament may by law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in
respect of any such dispute or complaint as mentioned above.
• Article 246: 7th Schedule of the Constitution distinguishes between-
o The use of water within a state [State List] and
o The purpose of regulating interstate water [Union List]
• Parliament has enacted two laws
o River Boards Act, 1956: A river board is established by the Central government on the request of the state
governments concerned to advise them.
o Inter-State Water Disputes Act, 1956: An Act to provide for the adjudication of disputes relating to waters of
inter-State rivers and river valleys.
ONLINE DISPUTE RESOLUTION
• Definition: ODR is the resolution of disputes, particularly small- and medium-value cases, using digital
technology and techniques of alternate dispute resolution (ADR), such as negotiation, mediation, and arbitration.
CURRENT STATUS
• Low ranking: We are ranked 163rd in contract enforcement, a slight improvement from 186th in 2015 and 173rd
in 2016 in ease of doing index.
• High Project Cost: For these requirements, we also perform poorly in terms of time (4 years) and cost (more than
30% of project cost).
• Srikrishna Committee: According to the Srikrishna Committee's (2017) report, we have also earned a reputation
for being antagonistic to arbitration.
BENEFITS OF ODR
• Increased access to justice: ODR tools such as online negotiation and mediation are based on the parties coming
to a consensual agreement, making the dispute resolution process less confrontational and complicated for the
parties, hence increasing access to justice.
• Improve legal health of the society: Easier access to dispute resolution processes will improve the judicial health
of society by ensuring that individuals and businesses are aware of their rights and have the tools to enforce them.
• Convenient and quick dispute resolutions: It will reduce travel time and cost associated with it. By providing a
speedier and more convenient mechanism for resolving disputes, ODR can help to reduce delays.
• Cost effective: ODR has the potential to lower legal costs by shortening the time it takes to resolve disputes and
eliminating the need for legal counsel.
• Removes unconscious bias: While resolving conflicts, ODR techniques reduce the neutral's implicit prejudice. ODR
platforms separate audio-visual cues relating to gender, socioeconomic position, ethnicity, race, and other factors,
and aid in the resolution of conflicts based on the claims and information provided by disputing parties.

EXAMPLES FROM AROUND THE WORLD

• Singapore, a small country, established the Singapore International Arbitration Centre in the 1990s when India
was opening up to global investment.
• Since then, it has grown as a global arbitration powerhouse, as evidenced by its number one ranking in 'Enforcing
Contracts'.
• Ironically, Indian businesses are among its most important clients.

CHALLENGES ASSOCIATED WITH ODR

• Archaic Legal Processes: The antiquated procedure does not function well with the end-to-end online dispute
resolution process and creates obstacles for ODR.
o Furthermore, the Notarization of documents is only possible in person under the Notaries Rule of 1956, therefore
online assistance will be problematic.

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• Digital infrastructure: Adoption of ODR will necessitate critical technological infrastructure across the country,
with high-bandwidth internet connections.
o Digital India mission and BharatNet mission can be instrumental in achieving seamless digital connectivity.
• Lack of awareness regarding ODR: Due to a lack of understanding about ODR, plaintiffs and their attorneys are
more likely to file lawsuits. Businesses with a low level of trust in ODR will practice little ODR usage.
• Privacy issues: Online impersonation, violation of confidentiality through the circulation of papers and data given
during ODR processes, and tampering with digital evidence or digitally transmitted awards/agreements are only a
few privacy-related issues.
WAY AHEAD
• Improving digital connectivity and digital literacy: Digital India mission and BharatNet mission can be
instrumental in achieving seamless digital connectivity. PMGDISHA's mission aims to improve digital literacy in
rural areas.
• Adoption of ODR for Government litigation mechanism: According to the Ministry of Law and Justice,
government departments are a party to around ‘46 per cent’ of court cases.
• Capacity building: Time-to-time skill upgradation of employees associated with the ODR mechanism to make
technology adoption easier.
• Augmenting archaic laws and regulation of the ODR mechanism: It is critical that the regulatory approach
safeguards end users' rights while avoiding overregulation that stifles innovation.
Government agencies should investigate ODR as a means of resolving grievances. Proactive adoption of ODR by
government institutions will not only build trust in the process but will also provide citizens with a convenient and
cost- effective method of resolving issues with the government.

Keywords: Digital India mission, Bharat Net mission, River Boards, concurrent list, Inter-State Council, Mihir
Shah's report, Interlinking of rivers, cooperative federalism, Srikrishna Committee.

Previous Year Questions

1. The Central Administration Tribunal which was established for redressal of grievances and complaints 2019
by or against central government employees nowadays is exercising its powers as an independent
judicial authority.” Explain.
2. How far do you agree with the view that tribunals curtail the jurisdiction of ordinary courts? In view of 2018
the above, discuss the constitutional validity and competency of the tribunals in India.
3. What is the quasi-judicial body? Explain with the help of concrete examples. 2016

4. What are the major changes brought in the Arbitration and Conciliation Act, 1996 through the recent 2015
Ordinance promulgated by the President? How far will it improve India’s dispute resolution
mechanism? Discuss
5. Constitutional mechanisms to resolve inter-state water disputes have failed to address and solve the 2013
problems. Is the failure due to structural or process inadequacy or both? Discuss.

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14 LOCAL SELF GOVERNMENT (PART IX, PART IX-A)

THE PANCHAYATS
Local self-government in India empowers local bodies to govern their jurisdictions, fostering democratic values and
grassroots development. It ensures effective governance, citizen participation, and delivery of essential services at the
local level.
ISSUES AND CHALLENGES FACED BY PANCHAYATI RAJ GOVERNMENT
Recently, the Reserve Bank of India (RBI) released its report titled “Finances of Panchayati Raj Institutions”. The report
discusses the fiscal position of PRIs for the years 2020-21 to 2022-23.
The second ARC mentions 3Fs (Functions, Funds, and Functionaries) for the ineffectiveness of panchayats.
FUNDS:
• Inadequate Funds: With little of its own funds and inadequate devolution from the States, PRIs in many states have
been reduced to simple agents of higher-level governments.
• Inadequate Powers To Generate Revenue: PRIs have limited powers in respect of imposing cesses and taxes.
Further, they are usually hesitant to collect required funds for fear of losing public support.
• State Finance Commission: Many State Governments have failed in appointing the State Finance Commission on
time as mandated by Article 243 (I).
o The 15th FC has made it mandatory to setup of State Finance Commissions in States before March 2024 to receive
grants for local bodies.
• Reluctant To Tax Locals: The Gram Panchayts neither show conviction to tax local people nor revise the existing
tax periodically, as a result, they are permanently dependent on fund devolutions.

FINANCES MECHANISMS OF PANCHAYATS and MUNCIPALITY

• Grants: by Centre (Article 280) and State Government

• Devolution from State Government based on State FC.
• Loans: from State Government
• Internal Resource Generation (tax and non-tax)
• Programme-Specific Allocation: under Centrally Sponsored Schemes and Additional Central Assistance.

FUNCTIONS:
• Poor Devolution Of Functions To Local Bodies: Article 243G asks State legislatures for devolving the functions.
o Example: Core functions like water supply, sanitation, link roads, street lighting, maintenance of community
assets, etc., continue to be in the hands of State governments.
• Unfunctional District Planning Committee: Despite
the availability of the District Planning Committee as a
constitutional mechanism for integrated planning of
rural and urban areas, most states have not made them
functionally empowered.
• Women Have Token Representation: Most states
now have 50% of Panchayats seats reserved for
women, but there still continues a dominant narrative about how these women remain titular post holders with
their husbands taking the lead.
FUNCTIONARIES:
• Low Manpower: The municipal administrations don't have enough people to handle even the most fundamental
duties. Additionally, because the majority of personnel are hired by higher level departments and deputed to local
governments, they do not feel accountable to the latter; instead, they work as a part of a departmental system that
is vertically integrated.

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• Missing Accountability Mechanisms: Accountability of public funds is at the heart of sound public finance. Not
enough progress has been made in this area.
o The 15th FC has included having both provisional and audited accounts online in the public domain to be one of
the entry-level conditions for local bodies to receive grants.
• Delayed Elections: Delay in PRI elections is becoming a frequent phenomenon that downgrades the effectiveness
of PRIs. PRI elections have been delayed in MP, Haryana, and TN.
• Politicization of PRIs: Now, Panchayati Raj Institutions are viewed only as organizational arms of political parties,
especially of the ruling party in the state.
GOVERNMENT EFFORTS FOR EMPOWERING PRI
• Ensuring Property Rights: The Ministry has launched a scheme named 'SVAMITVA' to prepare property records
of rural people of their houses using drone surveying technology.
• Capacity Building of PRIs : A new scheme of Rashtriya Gram Swaraj Abhiyan (RGSA) was launched on 1 April 2018,
to develop and strengthen the capacities of PRIs.
• e-Gram Swaraj: It assist in enhancing the credibility of Panchayats which would induce greater devolution of funds
to PRIs as well as provide a platform for effective monitoring by higher authorities.
• Gram Panchayat Development Plan (GPDP): It is an annual exercise carried out by Ministry of Panchayati Raj
(MoPR) in all Gram panchayats and other local self-governance bodies where GP development plans are prepared
in a participatory manner under people’s Plan Campaign.
• Capacity Building- Panchayat Sashaktikaran Abhiyan (CB-PSA): It had provided assistance to the States/ UTs
for capacity building and training of Panchayat Elected Representatives to enable them to perform their functions,
including planning and implementation of development programmes, effectively and efficiently.
STEPS TO BE TAKEN
• Fiscal Federalism in True Spirit: The 2nd ARC had recommended that there should be a clear-cut demarcation of
functions of each tier of the government. The Fifteenth Finance Commission (XV FC) in its interim report for 2020-
21 and final report for 2021- 2026 recommended an amount of Rs 60750 crore and Rs 236805 crore respectively
for all three tiers of panchayats.
• District Level Planning: district planning based on grassroots inputs received from the village, intermediate and
district levels through people’s participation in the gram and ward sabhas.
• Audit Committees: They may be established at the district level by the State Governments to oversee the accuracy
of financial data, the effectiveness of internal controls, adherence to the relevant legislation, and the moral character
of every member of local bodies.
• Financial Empowerment: Panchayats need to be empowered to levy and collect taxes, tolls, user charges, fees, etc.,
along with other activities to enhance their Own Source of Revenue.
• Separate Cadre: establish a separate cadre of panchayat officials who would be subordinate to the elected
authority, not lording it over them.

DIGITAL PANCHAYATS: eGRAMSWARAJ PFMS INTERFACE

• To strengthen e-Governance in Panchayati Raj Institutions (PRIs), eGramSwaraj has been developed. It is a
Simplified Work-Based Accounting Application for Panchayati Raj.
• eGramSwaraj-PFMS Interface (eGSPI) – It was launched in 2018 for enhancing transparency and accountability.
In order to facilitate online payments by panchayats for expenses incurred by the Central Finance Commission,
the accounting module of eGS and the Public Financial Management System were integrated.

KEYWORDS: Montagu-Chelmsford reforms, 3Fs (Function, Fund, and Functionaries), Centrally Sponsored
Schemes, Rashtriya Gram Swaraj Abhiyan.

ROLE OF WOMEN IN PANCHAYATI RAJ INSTITUTION

For women, almost one-third of all constituencies have been set aside. Additionally, it promotes and guarantees
women's involvement in public life. It aims to develop a fundamentally sound national policy for women.

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POSITIVE OUTCOMES AND EMPOWERMENT:
• Women become more powerful and have their economic, social, and political status in society elevated with the
implementation of the reservation system in Panchayati raj institutions.
• It allows for liberalisation within the traditionally male-dominated culture and introduces a new viewpoint on
sound governance.
• Women are encouraged to participate in politics thanks to the reservation system.
• It has improved outcomes in terms of health, education, and family income, among other areas.
• The Panchayati Raj system has now recognised women's rights as a result of the passage of this Amendment, a
critical step towards realising the potential that women have to contribute to government.
• It makes it possible for women to participate in planning, decision-making, and necessity execution in rural
Panchayats.
CHALLENGES AND ISSUES:
• Panchayat pati raj sysytem: Proxy Politics and Gender-Based Discrimination
• Extreme violence was a barrier that the women sarpanches had to overcome in order to challenge established power
structures in their communities.
• Additionally, it has been noticed that male family members use the status of the women in their families as an
advantage when running for office, allowing the men to use the women to dominate the PRI.
• Both visiting the gram panchayat office and managing and controlling the gram Sabha’s were prohibited for Dalit
women panchayat leaders. As agents, their husbands were in charge of the office.
THE MUNICIPALITIES
74 th caa , 12 schedule
Recently, the Capacity Building Commission (CBC) in collaboration with MoHUA organized a National Workshop on
Capacity Building of ULBs to foster a unified approach to capacity building ULBs across India. The Workshop marked
the launch of key initiatives, i.e.,
• Annual Capacity Building Plan (ACBP) to enhance the capabilities of MoHUA.
• ACBP for 6 pilot ULBs i.e. Ahmedabad, Bhubaneswar, Mysuru, Rajkot, Nagpur, and Pune
NEED FOR CAPACITY BULIDING FOR ULBS
• To cater the needs of increasing India’s urban Population which is expected to almost double form 460 million
(2018) to 876 million by 2050.
• To deal with regional aspirations by ensuring social and economic development through bottom-up planning.
• For successful and effective implementation of schemes like Smart City Mission, Amrut Mission etc.
IMPACT OF LOCAL SELF-GOVERNMENT
• Decentralization of Power: Local self-governance has empowered local communities to make decisions and
implement policies that directly affect their areas.
• Community Participation: For instance, Ward Committees in urban areas provide a platform for residents to voice
their concerns, suggest improvements.
• Effective Service Delivery: For instance, Village Panchayats responsible for providing essential services like water
supply, sanitation etc. ensure better responsiveness to local needs.
• Grassroots Development: For example, District Planning Committees play a crucial role in formulating district-
level development plans that address the unique needs and priorities of the local population.
• Empowerment of Marginalized Communities: For instance, the reservation of seats for Scheduled Castes,
Scheduled Tribes, and women in local bodies ensures their active .
ISSUES IN MUNICIPALITIES
• Lesser Functional Autonomy Of ULB: 12th schedule of the 74th CAA, 18 functions are enlisted that are required
to be performed by the ULBs but many states have not been allotted all the functions to ULBs.
o In a considerable number of states like Karnataka and Kerala, even water supply still managed by respective
state government .
• Low Revenue: property tax is the single largest source of own revenue for ULBs. However, the tax collections are
low, due to wide exemptions, undervaluation of property and incomplete land registers.
• Concentration of Power: Power in urban bodies is consolidated in a single municipal body (whether it is a
municipal corporation, municipal council, or town panchayat).
Creation of SPVs - gives the powers to the bureaucrats eg smart City mission

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• Poor Link With Urban Citizens: Citizens in urban areas are rarely included or involved in decision-making,
especially the marginalised and vulnerable sections of society who indeed are the most affected by the emerging
crisis of urbanisation.

Measures taken for capacity building of ULBs.

• National Urban Digital Mission:It aims to create a shared digital infrastructure working across three pillars of
‘People, Processes and Platform’ to provide a framework for digital governance in the country.
• Jawaharlal Nehru National Urban Renewal Mission (JNNURM): Focuses on efficiency in urban infrastructure
and service delivery mechanisms, community participation, and accountability of ULBs/ Parastatal agencies
towards citizens.
• Municipal Bonds: These are financial instruments that municipal corporations and other associated bodies in
India issue to raise funds.

WAY FORWARD
• Leveraging City Economy: Each city needs to be recognized as a distinct unit of the economy. In larger cities, City
Economic Councils can serve as a clearing house between businesses and governments to hasten the progress of
specific projects, improve the ease of doing business and catalyse investments into the city.
• Encourage Transfer Of FFF: State governments can be encouraged to transfer 12th Schedule funds, functions and
functionaries to the ULBs.
• Strengthening Finances Of ULB’s And Civic Agencies: This includes market-oriented revenue models, value
capture techniques, fiscal decentralisation, medium-term fiscal plans, PPPs in urban infrastructure and services, and
financial accountability via audited balance sheets and performance MIS reports. It also includes optimising return
on assets, particularly land and buildings.
• Citizen Participation: Enhanced citizen participation is needed for greater trust between citizens and
governments, improved sustainability, better service delivery and accountability.
o Ward Committees and area sabhas should be activated with a technology-enabled ‘Open Cities Framework’ and
the use of digital tools for feedback and reporting.
Municipalities in India serve as vital units of local governance, responsible for the administration and development
of urban areas. Continued efforts are needed to enhance the effectiveness and efficiency of municipal governance,
ensuring sustainable and inclusive urban development in India. Sdg - 11

KEYWORDS: Panchayat pati raj system, Capacity Building Commission, State Finance Commission,
Decentralization of Power, Community Participation, Ward Committees, District Planning Committees,
Functional Autonomy, City Economic Councils, value capture techniques, medium-term fiscal plans, Open Cities
Framework.

MUNICIPAL ELECTIONS
The Supreme Court invalidated and annulled the outcome of the mayoral elections held for the Chandigarh Municipal
Corporation.
Need for fair and timely Municipal Elections:
• The ‘First-mile’ Connect: Municipalities are critical since councilors serve as ‘first mile’ elected citizens’
representatives.
• Tackle grassroots level issues: Timely elections would ensure local action which is required to tackle the 21st-
century human development priorities which includes environmental sustainability, primary healthcare, gender
equality and jobs and livelihoods.
Challenges in Municipal Elections
• Untimely elections: Despite the SC-specific direction in Suresh Mahajan v. State of Madhya Pradesh (2022) State
governments do not hold timely elections for urban local governments.
o Over 1,500 municipalities did not have elected councils in place from 2015 to 2021 across States.
• Delay in Council Formation: Even after elections, councils are not constituted, and elections of mayors, deputy
mayors and standing committees are delayed.
• Delimitation and reservation: Most of the time state delayed the delimitation process, which in turn delayed
council elections.
• Inconsistent Mayoral terms: In India, 17% of cities including five of the eight largest ones have mayoral terms less
than five years.

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o The terms of mayors, deputy mayors and standing committees being less than five years leads to frequent
elections.
• SECs lack power: As they depend on state governments to complete the delimitation of ward boundaries and to
notify reservations for women as well as marginalized communities.
Way Forward
• The power of delimitation: Must be vested in the SECs or an independent Delimitation Commission in each State
for conducting the delimitation and reservation process.
• Empowering SECs: Strengthening SECs and giving them a more significant role in the entire election process can
help ensure timely, free, and fair municipal elections.
o Single electoral roll: A single electoral roll for all three tiers of Government as suggested by the High-level
Committee on Simultaneous Elections will reduce redundancy and duplication across multiple agencies.

Previous Year Questions

1. To what extent, in your opinion, as the decentralization of power in India changed the governance 2020
landscape at the grassroots?
2. The strength sustenance of local institutions in India has shifted from their formative phase of 2020
‘Functions, Functionaries and Funds to the contemporary stage of ‘Functionality’. Highlight the
critical challenges faced by local institutions in terms of their functionality in recent times.

3. “The reservation of seats for women in the institution of local self-government has had a limited 2019
impact on the patriarchal character of the Indian political process”. Comment.
4. Assess the importance of the Panchayat system in India as a part of local government. Apart from 2018
government grants, what sources the Panchayats can look out for financing developmental projects?

5. “The local self-government system in India has not proved to be an effective instrument of 2017
governance”. Critically examine the statement and give your views to improve the situation.

6. In the absence of a well-educated and organized local level government system, `Panchayats’ and 2015
‘Samitis’ have remained mainly political institutions and not effective instruments of governance.
Critically discuss.

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15 COMPTROLLER AND AUDITOR GENERAL OF INDIA

CAG is considered the guardian of the public purse and is the head of the Indian Audit and Accounts Department. It
upholds the Constitution of India and the laws of Parliament in the field of financial administration. For these reasons,
Dr B. R. Ambedkar called the CAG as “one of the bulwarks of the democratic system of government” in India.
DUTIES AND POWER OF CAG Guardian of public purse

These are laid down by the Parliament in the CAG (Duties, Powers and Conditions of Service) Act, 1971.

CAG audits the following Government

Constitutional Provisions for CAG
Accounts
• Central government expenditure from the • Article 148: Provisions related to appointment, oath and
Consolidated Fund of India, Contingency conditions of service of the CAG.
Fund of India, and the Public Account of • Article 149: CAG shall perform such duties and exercise
India. such powers as may be prescribed by or under law by
• State government and UT’s (with a legislative Parliament.
assembly) expenditures from the • Article 150: It advises the President about the prescription
Consolidated Fund of the state, the of the form in which the accounts of the union and the states
Contingency fund of the state, and the public shall be kept.
account of the state. • Article 151: Reports of the CAG relating to the accounts of
• Central and state government departments: the Union shall be submitted to the President, who shall
All trading, manufacturing, profit & loss cause them to be laid before each House of Parliament.
accounts, balance sheets, and other o Similarly, reports of the CAG relating to the states shall be
subsidiary accounts. submitted to the Governor of the state who shall cause the,
• Bodies substantially financed from the to be laid before the state legislature.
Central or state revenues. • Acts as a guide, friend, and philosopher of the Public
• Government companies. Accounts Committee of the Parliament.
CAG AND THE PUBLIC ACCOUNTS COMMITTEE:
• A Parliamentary standing committee was created under the GOI Act,
of 1919.
• It receives the CAG audit reports both at the centre and the state
level.
• CAG assist the PAC in performing multiple roles. E.g. A suggested
corrective action by CAG if not undertaken is reported to the PAC;
which takes it up with the government.
DIFFERENCE IN ROLE OF CAG

IN INDIA IN BRITAIN
• India’s CAG is "Auditor General" only in name • CAG performs the role of both; auditor and comptroller.
as it only performs an auditing role. • No money can be withdrawn by the public exchequer
• The audit is done only after the expenditure is without CAG’s approval.
made. I.e. only an Ex-post facto audit is done. • CAG is a member of the House of Commons.
• CAG is not a member of the Parliament.

INDEPENDENCE OF CAG
• Security of tenure: Appointed by the President by warrant under his hand and seal. He has a tenure of 65 years or
6 years whichever is earlier.

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• Removal: By the President under the same procedure as a supreme court judge can be removed.
• Post-retirement office: Not eligible for further office under both Central or State Government. Salary and other
service conditions: Determined by the Parliament and the same cannot be altered to the disadvantage of the CAG
after his/her appointment.
• Expenses: The administrative expenses of the office, salaries, allowances, and pensions are charged upon the CFI.
• Administrative powers: Conditions of service of people serving in the Indian Audit and Accounts Department
(whose head is the CAG) and the administrative powers of the CAG are prescribed by the president after consultation
with the CAG.
• No minister can represent the CAG: in the Parliament (both Houses) and no minister can be called upon to take
any responsibility for any actions done by him.
LIMITATION OF OFFICE OF CAG
• Appointment: The appointment of CAG is the • Discourage risk-taking: CAG while looking into
complete discretion of the executive which limits its the ‘wisdom, faithfulness, economy’ of policy, may
role of holding the executive accountable. not consider practical problems of administration.
• The auditor general and not comptroller: Its report • Independence: Conflict of interest arises as former
is post-facto, i.e. it can audit expenditures only when secretaries (usually IAS) are appointed as CAG
they are done. which compromises the independence of the
• Limited usefulness: Auditors know what is auditing, institution.
and not administration; it is a highly pedestrian • Secret expenditure: CAG cannot ask for
function with a narrow perspective and very limited particulars of expenditure in some matters and has
usefulness. to accept a certificate from the competent
• Shorter tenure: The age cap of 65 years affects the administrative authority.
proper functioning of the institution. • Intentional obstruction in audits: Delayed supply
• Exceeding mandate: It has been criticized for of crucial documents to the auditors and sometimes
exceeding the mandate sometimes. For E.g. reports on even that is denied.
2G and coal block allocations had outlandish or • No criteria for appointment: either in the
sensational figures of losses or corruption. constitution or in any statute; is provided for the
• Limited resources: Shortage of manpower and appointment of a CAG.
increment in responsibility results in very few • Lack of statutory recognition: for the officials and
accounts actually being audited annually. staff of the Indian Audit and Accounts Department.
The CAG has the constitutional and statutory mandate and responsibility to ensure public accountability, transparency,
effective service delivery and good governance. It recently audited the UN headquarters which shows the credibility of
the institution.

KEYWORDS: First mile’ Connect, Delimitation Commission, Bulwarks of the Democratic system of Government,
Contingency Fund of India, Philosopher of the Public Accounts Committee, warrant under his hand and seal, Indian
Audit and Accounts Department, wisdom, faithfulness, economy of policy.

Previous Year Question

1. “The Comptroller and Auditor General (CAG) has a very vital role to play.” Explain how this is reflected 2018
in the method and terms of his appointment as well as the range of powers he can exercise. (2018)
2. Exercise of CAG’s powers in relation to the accounts of the Union and the States is derived from Article 2016
149 of the Indian Constitution. Discuss whether an audit of the Government’s Policy implementation
could amount to overstepping its own (CAG) jurisdiction.

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16 NCSC, NCST AND NCBC

COMPOSITION
Composition: Chairman + Vice chairman + 3 members = Appointed by President.
GENERAL FUNCTIONS OF NCSC/NCST/NCBC
• Investigate and monitor all matters concerning constitutional and other legal safeguards for SC, ST and OBC
communities.
• Inquire into specific complaints wrt the deprivation of rights of the SC, ST and the OBCs.
• Participate and advise on the planning aspect wrt socio-economic development and evaluate the progress under
the Union or a state.
• Send Annual reports to the president upon the working of safeguards for the SC, ST and OBC communities.
• Recommend measures to the Union and the states for the effective implementation of safeguards and measures
for the protection, welfare, and socio-economic development of these sections.
• Online complaints: Complaints of atrocities against SC can now be registered with the NCSC via its online portal.
• Special courts: A key monitoring activity performed by the Commission relates to the setting up of special courts
for the speedy trial of offences committed under the Civil Rights Act and the Prevention of Atrocities Act,1989.
• Collect Statistics: And comments on the statistics pertaining to cases under the Civil Rights Act of 1955 and the
Prevention of Atrocities Act of 1989.
• Law implementation: These commissions monitor the implementation of the various legal provisions in force for
the welfare and protection of the SC, ST and OBC communities.
SPECIFIC FUNCTIONS OF NCST:
• Conferring ownership rights of minor forest produce (MFP) to STs living in forest areas.
• Measures for the development of tribals and to work for more viable livelihood strategies.
• Seek Cooperation and involvement of tribals in the protection of forests and undertaking social afforestation.
• Take measures to ensure full implementation of PESA,
• Safeguard the rights of the tribal communities over different resources like- water resources, mineral resources
etc. as per the law.
• Improve the efficacy of rehabilitation measures taken for the tribals displaced by development projects.
• Take measures to reduce and ultimately eliminate the practice of shifting cultivation by tribals.
LIMITATIONS OF CONSTITUTIONAL BODIES TO PROTECT VULNERABLE SECTIONS:
• Lack of infrastructure, manpower and resources.
• Lack of Capacity and insensitiveness of the institutions towards these communities.
• Commission’s recommendations are not binding.
• Inefficient functioning as the bar for appointment is too high given the backwardness of these communities.
• Vague selection and appointment process, exorbitant budget.
102ND CONSTITUTIONAL AMENDMENT ACT 2018
• It added a new Article 338-B, which granted constitutional status to NCBC.
• It enlarged the functions of NCBC to safeguard the interests of the socially and educationally backward classes more
effectively.

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POSITIVES OF GRANTING CONSTITUTIONAL

CONCERNS THAT REMAIN
STATUS TO NCBC

• Giving more teeth: Constitutional status • Non-binding recommendation: This may lead to
increases the stature of NCBC as a constitutional reduced priority towards the report of NCBC and its
body will be better placed to ensure the welfare budget allocations.
of BCs. • No power to define: NCBC has no authority to define
• Greater objectivity: Article 342A makes it “backwardness”. Hence, it cannot address the demands
mandatory to take the Parliament's of various castes to be included as BCs.
concurrence for adding or deleting any • Composition: No exclusive provision for the
community in the backward list. appointment of experts in the body and leaves it to the
• The misuse of creamy criteria by certain discretion of the executive without any mention of
sections will be reduced. qualification.
• Annual report: The constitution obliges • Revision of BC list: Article 338B (5) is silent on the
central and state governments to provide valid periodic revision of the BC list and the role played by
reasons for not acting on the report of the NCBC.
committee. • Multi-dimensional challenges: Mere constitutional
• Grievance redressal: NCBC will have an status can’t solve diverse issues like skewed
exclusive function with all power of civil courts; representation and cornering of benefits by few BC
enabling it to ensure justice for backward castes, etc.
classes. • No link with Art 340: Article 340 ensures the welfare
• Wider responsibility: NCBC with an additional and protection of BCs have not been linked with Article
scope can look beyond reservation, to ensure 338B.
holistic development and advancement.

STEPS NEED TO BE TAKEN

• Composition: Compulsorily includes experts and females to ensure gender sensitivity.
• Capacity building and sensitization of lawyers, judges, and policemen to ensure proper and empathetic treatment
and timely grievance redressal of backward class members.
• Effective implementation of existing government policies and evaluation of their impact for timely course
correction.
• Ease to register a complaint: Take steps like registering a complaint via an online portal as done by NCSC.
• Holding regional level meet: The NCBC shall hold regional level meets to increase accessibility to the commission;
just like NCSC.
• Timely Discussion: The importance of the annual report is generally overlooked. The President should be
empowered to fix a period for the discussion of the Report in Parliament.
ISSUES FACED BY COMMUNITIES
• Increased atrocities: 60% out of 16000 complaints received by NCSC were related to atrocities in public places.
(NCRB data). E.g. caste-related honour killings in Haryana.
• Tribal eviction: NCSTs have been ineffective in stopping the eviction of STs due to development projects.
o E.g. Rejection of more than 5 lakh tribals' claim.
• Economic deprivation: Visible by the failure to uphold the spirit of FRA,2006 and depriving access to minor forest
produce in the name of “protected forests”.
• Vanishing cultural identity: As many as 250 tribal languages have disappeared (report by Peoples Linguistic
Survey of India).
NCSC, NCST and NCBC are critical for the rights of the weaker section of society and tools for their upliftment. They
possess great responsibility and to perform these needs to be strengthened further.

KEYWORDS: socially and educationally backward classes, creamy layer, atrocities, protected forests, subcategories
SCs,

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17 UPSC AND SPSC

CONSTITUTIONAL PROVISIONS
Article 312 • The Parliament can create one or more All India Services (including an All India Judicial
Services); common to the union and the states.
• Provisions relating to appointment, composition, removal and powers and functions of the
Article 315 to 323 UPSC and the SPSC.
• Constitution of Public Service Commission for the union and the states and provisions
related to composition, appointment and removal and powers and functions.

UPSC VIZ-A- VIZ SPSC

UPSC SPSC
• Composition: consists of a chairman and other • Composition: consists of a chairman and other
members appointed by the president of India. members appointed by the Governor of state.
• Strength: Discretion of the President. Usually 9 to • Strength: Discretion of the Governor of the respective
11. State.
• No qualifications are prescribed for membership • No qualifications are prescribed for membership
except 50% of members should have held office except 50%of members should have held office for at
for at least ten years under the Government of least ten years under the Government of India or the
India or the state government. state government.
• Term: six years/ 65 years of age; whichever • Term: Six years/62 years of age; whichever is reached
earlier reached. earlier.
• Removal: By President on the ground of • Removal: President can remove the members and
adjudging an insolvent, paid employment outside chairman on the same grounds and in the same
the duties, unfit due to infirmity of mind or body. manner as he can remove a chairman or a member of
For misbehaviour - By the President on the the UPSC.
inquiry of the supreme court.

INDEPENDENCE OF COMMISSION
• Conditions of service: Determined by the President (by the governor for SPSC) & cannot be varied to the
disadvantage of the members after their appointment.
• Expenses: salaries, allowances, and pensions are charged by the Consolidated Fund of India and are not subject to
the vote of Parliament.
• Security of tenure: Chairman and members can be removed by orders of the President only on the grounds
specified in the constitution.
• Post-retirement: The chairman of UPSC is not eligible for further employment with the Union or the state
government in any capacity.
o SPSC chairman can be appointed chairman/member of UPSC or member of UPSC. But not eligible for any other
employment.
o Member of UPSC (other than the chairman) is eligible to be appointed as chairman of any SPSC or UPSC.
o A member of an SPSC is eligible to be appointed as chairman of an SPSC or UPSC; or member of a UPSC.

FUNCTIONS AND LIMITATIONS

FUNCTIONS OF UPSC LIMITATIONS
• Watchdog of merit system: It conducts examinations for • Supreme court judgments: since they have
appointments to the all-India services and the central the force of the law; can limit UPSC or SPSC.
services.

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• Assists the states in framing and operating schemes of joint • Non-binding provisions: The government
recruitment for any services for which candidates possessing can act without consultation with UPSC and
special qualifications are required. the aggrieved public servant has no remedy in
• Serves needs of a state: On Governor’s request and with the court.
President’s approval. • Selection by the UPSC does not confer any
• Consulted for the following matters of personnel right to the post upon the candidate. The
management: name recommended is only a
o Methods of recruitment, promotion, and transfer to civil recommendation.
service and for civil posts. • UPSC is not consulted on the following
o All disciplinary matters affecting a person serving under matters:
the Government of India in a civil capacity. o Making reservations for any backward
o Reimbursement claims of legal expenses incurred by a class in appointments.
civil servant in defending legal proceedings instituted o Consider the claims of SC /ST in making
again him in respect of acts done in the execution of his appointments to services and posts.
duties. o For Selections for chairmanship or
o Temporary appointments exceeding 1 year and on membership of commissions or tribunals,
regularisation of appointments. posts of the highest diplomatic nature, and
o To grant an extension of service and reemployment of the bulk of group C and group D services.
certain retired civil servants. o For a temporary appointment, if a
• SPSC is consulted by the governor while framing rules for person isn’t likely to hold the post for
appointment to judicial service of the state (other than the more than a year.
posts of district judges). • Classification of services, pay and service
conditions, cadre management, training, etc.

So far the SPSC and UPSC have performed their duties with remarkable integrity and are rewarded with the faith of
millions of aspirants each year. But as per changing times, the UPSC and SPSCs need to incorporate new ways like
psychometric tests to ensure people with the highest integrity are appointed.

KEYWORDS: All India Services, Infirmity of mind or body, Consolidated Fund of India, Watchdog of merit system,
cadre management.

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18 ELECTION COMMISSION OF INDIA Article 324

INTRODUCTION
The Election Commission of India (ECI) is a permanent and independent Constitutional body established under Article
324 of the Constitution. The ECI is provided with the power of superintendence, direction, and control of elections to
the Lok Sabha, Rajya Sabha, State Legislative Assemblies, State Legislative Councils, and the offices of the President and
Vice President of the country. It is not concerned with the elections of panchayats and municipalities in the states. For
that, the Constitution of India provides for a separate State Election Commission.
APPOINTMENT PROCESS OF ECI UNDER QUESTION:
Election Commission: The Need for Evolution in the Appointment Process and Bolstering its Autonomy.
Background of the Judgement: In 2015, a public interest litigation filed by Anoop Baranwal challenged the
constitutional validity of the practice of the Centre appointing members of the Election Commission. The crux of the
challenge is that since there is no law made by Parliament on this issue, the Court must step in to fill the
“constitutional vacuum”.
Supreme Court (SC) on the Appointment of ECs:
Judgment: A five-judge bench of the Supreme Court in March 2023, unanimously ruled that the members of ECI
should be elected by a high-power committee consisting of:
• The Prime Minister,
• Leader of Opposition in Lok Sabha, and
• The Chief Justice of India.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service
and Term of Office) Act, 2023: It replaces the Election Commission (Conditions of Service of Election
Commissioners and Transaction of Business) Act, 1991.
Novel Features of the Act:
• The members will be appointed by the President, upon the recommendation of the Selection Committee
comprising - The Prime Minister, Cabinet Minister, and Leader of Opposition in Lok Sabha (or leader of the single
largest opposition party).
• A Search Committee headed by the Cabinet Secretary will suggest five names to the Selection Committee. The
Selection Committee may consider names other than those suggested as well.
• Eligibility criteria: The CEC and ECs must: (i) be persons of integrity, (ii) have knowledge and experience in the
management and conduct of elections, and (iii) be or have been Secretary (or equivalent) to the government.
Salary and pension: It will be equivalent to that of the Cabinet Secretary.
Key Issues and Challenges with the Act:
• Selection criteria: It may be dominated by the Executive, which has implications for its independence.
• Selection Committee’s recommendations to be valid in spite of vacancy or defect in the Constitution: It
may effectively lead to a monopoly of Government members in selecting candidates, particularly when Lok Sabha
is dissolved.
• Reduced status: Making the CEC and EC’s salary equivalent to the Cabinet Secretary may lead to government
influence as it is fixed by the government. Further, CECs and ECs also perform quasi-judicial functions and limiting
these posts senior bureaucrats may exclude other suitable candidates.

POWERS AND FUNCTIONS

• Administrative:
o Delimitation: Determine the territorial constituencies throughout
the country based on the Delimitation Commission Act of
Parliament.
o Electoral rolls: Prepare and periodically revise the electoral rolls
of all eligible voters.
o Conduct of elections: Notify the dates and schedules of elections
and scrutinize nomination papers.

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o Registration: Registration of political parties and granting them national or state party status and allotting
election symbols to them.
o Code of conduct: To be observed by the parties & candidates at the time of elections.
• Advisory: Advise the president and governor on matters relating to the disqualifications of the members of
Parliament and state legislature respectively.
• Quasi-Judicial: Act as a court for settling disputes related to granting of recognition to political parties and
allotment of election symbols to them.
INDEPENDENCE
• Security of tenure: Chief election commissioner can be removed from his office except in the same manner and on
the same grounds as a judge of the Supreme Court.
o Other election commissioners cannot be removed except on the recommendation of the chief election
commissioner.
• Condition of Service: The service conditions of the chief election commissioner cannot be varied to his
disadvantage after his appointment.
CONCERNS WITH ELECTION COMMISSIONERS
• Lack of fixed tenure: The absence of a specified term may lead to concerns about political interference and
instability.
• Potential for post-retirement appointments: Retiring Election Commissioners being appointed to other
government positions raises concerns about conflicts of interest and impartiality.
• Accountability and transparency: Concerns exist regarding the transparency and accountability of Election
Commissioners' decision-making processes.
• Conflict of interest: Perceived or potential conflicts of interest among Election Commissioners can undermine
public trust in their neutrality.
• Lack of prescribed qualifications: The absence of specific qualifications raises questions about the expertise and
experience required for the role.
• Inadequate enforcement powers: Discussions highlight the need for enhanced enforcement powers to effectively
implement directives and tackle electoral malpractices.
STEPS TO ADDRESS ISSUES IN APPOINTMENT:
• 2nd ARC: Establish a collegium headed by the Prime Minister, comprising the Speaker of the Lok Sabha, Leader of
the Opposition, Law Minister, and Deputy Chairman of the Rajya Sabha, for transparent appointment of Chief
Election Commissioner and Election Commissioners.
• Supreme Court: Fill the legal vacuum to ensure a fair and transparent selection process for Election Commissioners.
• Constitutional Protection: Amend the Constitution to provide constitutional protection to all three members of
the Election Commission, rather than just one, ensuring their independence and security.
• Fair Elevation: Introduce provisions in the law where the senior-most Election Commissioner automatically
becomes the Chief Election Commissioner, safeguarding the appointment from executive interference.
ISSUES FACED BY ELECTION COMMISSION
• Allegation of Partisan Role: Actions raising concerns over impartiality, such as giving clean chits for Model Code
of Conduct (MCC) violations by high-profile individuals.
• Lack of Power: Despite being vested with absolute powers under Article 324, the ECI lacks authority in areas like
de- registering political parties and exercising contempt powers.
• Lack of Proactive Use of Authority: Limited power to take action against politicians seeking votes based on caste
or religion, hindering effective enforcement.
• Politicization: The absence of post-retirement employment restrictions for Election Commissioners poses
obstacles to independent functioning.
• Non-transparency: Lack of transparency in the selection process for the Chief Election Commissioner and
Commissioners, influenced by the ruling government.
• Criminalization of Politics: Inability to effectively address the increased use of money and involvement of criminal
elements in politics.

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Other Challenges with the ECI:
• Use of EVM and VVPAT, an issue of transparency: Use of these technologies has become a matter of concern
regarding trust in the Election Commission of India (ECI). Although, time and again the ECI has addressed it, it needs
to make an error and doubt-free process by conducting regular checks and trials.
• Challenges in ensuring intra-party democracy: Section 29A of the RPA Act, requires political parties to submit
documents on organizational structure, office-bearers and their appointment, terms and powers & duties of office-
bearers, organizational elections, etc. However, due to lack of express provision for enforcing internal democratic
functioning of political parties, and lack of power to de-register parties, the issue of criminalisation of politics, money
and muscle power arises.
• Lack of Parity in the removal of ECs and CEC: Only the CEC enjoys the same status of the removal process as that
of judges of the Supreme Court (SC). The ECs can be removed on the CEC’s recommendation. There is a good case
for extending the same tenure security to the ECs too.
WAY FORWARD
• Enhance Independence and Impartiality: Ensure transparent and impartial selection processes for Election
Commissioners, reducing government influence.
• Strengthen Powers: Grant the ECI additional authority, including deregistration powers and proactive action
against violations of the Model Code of Conduct.
• Proactive Enforcement: Empower the ECI to take proactive action against caste and religion-based campaigning.
• Inner-Party Democracy and Financial Regulation: Promote reforms to enforce transparency and accountability
within political parties.
• Post-Retirement Employment Restrictions: Implement restrictions on post-retirement employment to prevent
conflicts of interest.
• EVM Security and Trust-Building: Improve EVM security measures and engage stakeholders to build trust.

KEYWORDS: Dispute Resolution, Legal Complexities, Independence and Impartiality, intra-party democracy,
Quasi-Judicial, Voter Awareness, Political Interference.

POLITICAL PARTIES AND THE ELECTION COMMISSION OF INDIA

The Election Commission of India (ECI) serves as the guardian of democracy and plays a crucial role in regulating
political parties in the country. It acts as a watchdog, monitoring party finances, overseeing elections, and taking
measures to maintain a level playing field for all political entities.
ROLE OF THE ELECTION COMMISSION OF INDIA IN REGULATING THE POLITICAL PARTIES:
• Registration and Recognition: ECI's authority to register political parties ensures equal compliance with election
conduct rules.
• Allocation of Symbols: ECI allows exclusive symbols to recognized parties and provides a list of free symbols for
non- recognized parties.
• Model Code of Conduct: The code prevents the party in power from gaining unfair advantages during elections,
coming into force from the announcement of the election date.
• Ceiling on Election Expenditure: ECI sets limits on expenditure to prevent undue influence, mandates separate
accounts, and non-reporting can lead to disqualification.
• Financial Transparency: Registered parties must submit audited reports under section 29C of RPA,1951 to
prevent misuse of tax-free donations.
• Appointments of Observers: ECI appoints general and expenditure observers to ensure a free and fair electoral
process.

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STEPS REQUIRED TO IMPROVE EFFECTIVENESS:

• Power to Deregister Political Parties: Granting the ECI the authority to deregister parties under the RPA,1951
can create a deterrence effect.
• Transparency in Political Funding: The effectiveness of instruments like Electoral bonds, resulting in skewed
donations, necessitates a re-evaluation.
• Principle of Precedence: Ensuring consistent actions by the ECI for similar electoral offenses, irrespective of the
party involved.
• 2nd ARC Recommendation: Establishing a Collegium comprising key stakeholders for appointment
recommendations of the Chief Election Commissioner and Election Commissioners.
• Independence of ECI: Ensuring constitutional security of tenure for all three election commissioners and
debarment from post-retirement positions to reduce executive interference in ECI.
• In India's multi-party democracy, effective regulation of political parties by the Election Commission is essential to
ensure fair competition, prevent misuse of concessions, and uphold electoral integrity.
SIMULTANEOUS ELECTIONS - ONE NATION, ONE ELECTION
A High-Level Committee (HLC) headed by Ramnath Kovind, former President of India, was constituted in September
2023 to examine the issue of holding simultaneous elections for the Lok Sabha, State Legislative Assemblies and local
bodies of all States. The HLC has invited responses from political parties, the Law Commission and other groups on the
proposal to hold simultaneous elections.

IN FAVOUR OF SIMULTANEOUS ELECTIONS AGAINST SIMULTANEOUS ELECTIONS

• Expenditure: Lack of expenditure caps leads to • Practical difficulties: Resistance from political parties
high spending in elections. due to adjustments in assembly terms.
• Policy Paralysis: Frequent application of the • Constitutional hurdles: Lack of fixed tenures for Lok
Model Code of Conduct disrupting government Sabha and state assemblies.
functions and civic life. Same officials army • Anti-federalism: Influence of national issues on state
• Resource Savings: Potential benefits of utilizing elections and vice versa.
the same voter and booth for both elections. • Reduces accountability: Frequent elections keep
• Social Harmony: Escalation of communalism politicians connected with voters.
and casteism during election periods. • Grassroots economy: Job creation and economic boost
• Sustainable Development: Focus on short-term during elections.
reforms due to the frequency of elections. • False arguments related to MCC: Misconceptions about
• Global Experiences: Implementation of restrictions on new schemes.
simultaneous elections in countries like South • Against multiparty democracy: Blurred distinction
Africa and Sweden. between state and national elections.
• Invisible Socio-Economic Costs: • Inconsistent with Westminster democracy and
Undetermined impact on education, welfare federalism: Impact on the dissolution of governments and
schemes, and resource allocation during election political shifts.
duties. • The disadvantage to regional parties: Dominance of
• Engagement of Security Forces: Diversion of national parties and disadvantage for regional parties.
armed police forces from other internal security • Alternative reforms: Expenditure caps, state funding,
responsibilities. shorter poll durations, and enhanced security measures.

Recommendations of the Report by Committee:

• The Ram Nath Kovind Committee has suggested that the President, through a notification issued on the first
sitting of the Lok Sabha post general elections, set an ‘Appointed Date’. This date would mark the beginning of
the new electoral cycle.
• State Assemblies, that are formed after the Appointed Date and before the completion of the Lok Sabha’s term,
would conclude before the subsequent general elections. After this, elections to the Lok Sabha and all State
Assemblies would be held simultaneously.

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• The panel recommended that fresh elections could be held to constitute a new Lok Sabha in the event of a hung
House or a no-confidence motion, or any such event but the tenure of the House will be “only for the
unexpired [remaining] term of the immediately preceding full term of the House”.
• When fresh elections are held for Legislative Assemblies, then such new Assemblies — unless sooner dissolved
— shall continue up to the end of the full term of the Lok Sabha.
• To effect these changes, the panel has recommended amendments to Article 83 (duration of Houses of
Parliament) and Article 172 (duration of State legislatures) of the Constitution. “This constitutional amendment
will not need ratification by the States,” the committee noted in its report.
The panel recommended suitable amendments to the Article 324A of the Constitution to allow simultaneous
elections in panchayats and municipalities; Article 325 to allow the Election Commission of India (ECI), in
consultation with State election authorities, to prepare a common electoral roll and voter ID cards. Both these
constitutional amendments would require ratification by the States, the report said. Presently, the ECI is responsible
for Lok Sabha and Assembly polls, while local body polls for municipalities and panchayats are managed by State
election commissions.

WAY FORWARD:
• Law Commission's recommendations to address hurdles:
o Amend the constitution and RPA, 1951: New Lok Sabha and assembly to serve the remaining term after mid-
term elections, and replace no-confidence motion with a constructive vote of no-confidence.
o Full house election of PM/CM: Provide stability by electing them similar to the Speaker of the Lok Sabha.
o Dilute anti-defection law: Make exceptions to prevent stalemates in the Assembly during a Hung Parliament.
o Two-phase elections: Conduct synchronized elections in two phases, aligning with Lok Sabha elections and
mid- term intervals.
o Scheduled bye-elections: Conduct all vacant seat elections during a predetermined time period.
• Election Commission recommendations:
o For Lok Sabha:
▪ No-confidence motion should include a confidence motion for a named individual as the future Prime
Minister.
▪ In case of unavoidable dissolution, the President can administer the country with an appointed Council of
Ministers until the next House is constituted, or hold fresh elections for the remaining term.
o For Legislative Assembly:
▪ Mandatory simultaneous confidence motion with a no-confidence motion to form an alternative government,
reducing premature dissolution.
▪ Provision for the Governor to administer the State with an appointed Council of Ministers or imposition of
President's Rule until the term expires if the Assembly has to be dissolved prematurely.
The debate on simultaneous elections, known as 'One Nation One Election,' calls for careful consideration and
consensus. Balancing advantages like governance efficiency with regional dynamics and democratic principles is
crucial. With thoughtful reforms, simultaneous elections could enhance the electoral process and citizen engagement.

KEYWORDS: One Nation One Election, No-confidence motion, anti-defection law, Scheduled bye-elections,
unavoidable dissolution, Resource Savings, Policy paralysis, Sustainable Development.

EVM AND ASSOCIATED ISSUES

• Legal provision: Section 61A of the Representation of the People Act, 1951 empowered the Commission to use
voting machines. (This amendment was made in 1988).
ADVANTAGES OF EVM CONCERNS WITH EVM
• Accuracy: EVMs ensure accurate and error-free vote • Global precedence: Germany, Netherlands, and
counting, minimizing the chances of manual counting Ireland have abandoned EVMs and reverted to paper
errors and discrepancies. ballots following concerns and legal rulings. ADR
• Efficiency: EVMs expedite the voting process by suggested (and later withdrew the suggestion) that
reducing the time required for casting and counting India should return to the paper ballot system, citing
votes, allowing for quicker declaration of results. the example of countries like Germany.

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• Transparency: EVMs provide transparency in the • Lack of secrecy: EVMs may compromise voter
election process as they display the total votes cast secrecy as candidates can determine how each booth
and individual party-wise vote counts, ensuring the voted, enabling the potential misuse of this
integrity of the electoral system. information.
• The integrity of the election: EVMs maintain the • Storage and counting concerns: EVMs are stored in
secrecy of the voter's choice as the voting is done in a decentralized locations, and experts emphasize the
private compartment, preventing any influence or need for secure storage throughout their life cycle to
coercion. ensure their integrity.
• Cost-effective: EVMs eliminate the need for large • Lack of verifiability: Critics argue that EVMs lack a
quantities of paper ballots, reducing the cost and paper trail, making it difficult to verify the accuracy of
environmental impact associated with printing and the voting process. Without a physical record, it
transportation. becomes challenging to conduct a reliable recount or
• Deterrent to booth capturing: EVMs make booth audit.
capturing and bogus voting more difficult due to their • Technological failures: EVMs are electronic devices
tamper- proof design and the use of technological that are prone to technical malfunctions, such as
safeguards. software glitches or hardware errors. These failures
Reduced human error: With EVMs, the chances of can potentially disrupt the voting process and raise
human errors, such as invalid or wrongly marked ballot doubts about the integrity of the results.
papers, are significantly reduced, ensuring a more Manipulation during transportation: EVMs are
accurate electoral process. transported from storage locations to polling stations,
creating opportunities for tampering or unauthorized
access. The security of EVMs during transit has been a
subject of concern, especially in regions with political
tensions or inadequate logistical arrangements.
INITIATIVES OF ECIS TO COUNTER THE CONCERNS:
• VVPAT alongside EVMs: Implementing VVPAT machines in all polling stations enhances transparency and
credibility of the electoral process.
• Counting of VVPAT slips: Election Commission of India considers suggestions from political parties and will count
VVPAT slips up to a specified percentage, ensuring further verification.
• EVM challenge: ECI conducted a challenge where political parties were given an opportunity to demonstrate any
tampering with EVMs, showcasing their commitment to addressing concerns.
• Inclusive participation: EC ensures the active involvement of all political parties in crucial steps like First Level
Checking, randomization of EVMs/VVPATs, mock polls, and EVM sealing and storage, promoting transparency
throughout the election process.
• EVM prototype for migrants: The ECI developed a remote electronic voting machine (RVM) for domestic migrants,
enabling them to vote without traveling to their home districts, promoting voter participation.
• Voter education: The ECI conducts voter education programs through the Systematic Voters' Education and
Electoral Participation SVEEP to educate voters on EVM usage and the significance of voting, aiming to increase
voter participation for a stronger democracy.

Various Judgements of Supreme Court:

• In its 2013 ruling in the case of Subramanian Swamy v. Election Commission of India, the Court held that “a paper
trail is an indispensable requirement of free and fair elections.” Later, in 2019, while dealing with a plea seeking
50% cross-verification of EVM votes with VVPAT slips in each Assembly constituency, the Court favored an
increase in the number of polling stations in which VVPAT verification would be done from one per Assembly
constituency or segment to five
Recent Judgment of Supreme Court on VVPAT:
• While refusing a revival of paper ballots, the Supreme Court on April 26, 2024, upheld the electronic voting
machine (EVM) polling system and underscored the need to “exercise care and caution” when raising questions
about the integrity of the electoral process. It also declined the petitioners’ demand to direct 100% cross-

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verification of votes cast on EVMs with the accompanying Voter Verifiable Paper Audit Trail (VVPAT) paper slips.
Only 5% of EVM-VVPAT counts are currently randomly verified in any Assembly constituency.

WAY FORWARD:
• Procedural change: Implement a system where voters receive a printed paper and drop it in the ballot box.
• Manual counting: Mandate manual verification if the winning margin is less than 10% instead of resorting to court
cases.
• Supreme Court: Increase the VVPAT verification rate from one to five random EVMs per constituency.
• Totalizer Machines: Improve voting secrecy by counting votes from multiple polling booths together instead of
booth-wise results.
• Safety demonstration: Organize a hackathon, as done in 2017, to challenge individuals to demonstrate the hacking
of EVMs.
• Human resources: Provide comprehensive training to all ECI staff to handle any issues that may arise with EVMs
at polling stations.
CONCLUSION:
• In democratic systems, the conversion of voters' preferences into a political mandate through free and fair elections
is crucial for effective policy-making. Enhancing the accuracy and efficiency of voting procedures strengthens
democratic institutions. The Election Commission should actively acknowledge and address concerns raised by
different stakeholders, promoting transparency and ensuring the credibility of Electronic Voting Machines (EVMs)
in the conduct of impartial and transparent elections.

KEYWORDS: Human resources, Procedural change, Inclusive participation, Technological failures, Cost-effective,
Deterrent to booth capturing.

NOTA
Background:
The introduction of the None of the Above (NOTA) option in India in 2013 came as a result of a Supreme Court judgment
in the People's Union for Civil Liberties (PUCL) vs. Union of India case. The Supreme Court mandated the use of NOTA
in direct elections for the Lok Sabha and state assemblies.
Since its implementation, NOTA has gained significant popularity among Indian voters and has even received more
votes than the winning margin in some elections.

SIGNIFICANCE ARGUMENTS AGAINST

• Expression of Dissatisfaction: NOTA allows voters • Symbolic gesture without electoral impact: NOTA is
to express their dissatisfaction by rejecting all the seen as a symbolic gesture without electoral value, as
candidates if they find them unsuitable for the the candidate with the most votes is declared the
position. winner regardless of NOTA votes.
• Encouraging Better Candidates: NOTA acts as a • Limited solution to voter dissatisfaction: NOTA fails
catalyst for political parties to field better to address the root cause of voter dissatisfaction, which
candidates who are more capable and have a clean lies in the lack of good candidates, offering only a
image, as parties aim to avoid losing votes from rejection option without resolving the problem.
dissatisfied voters. • Potential for voter apathy: NOTA can contribute to
• Increased Voter Participation: NOTA can boost voter apathy by allowing voters to abstain from voting
voter participation by providing an option for voters if they find no suitable candidates, potentially reducing
who were previously disinterested or felt compelled voter participation and weakening democracy.
to vote for undeserving candidates. Fundamental • Vulnerability to misuse: NOTA can be manipulated by
right: NOTA allows people to exercise their freedom political parties to influence election results by fielding
of expression and right to liberty by expressing weak candidates and encouraging supporters to vote
consent or discontent to candidates. for NOTA, potentially splitting opposition votes.
• Moral pressure: NOTA enables voters to voice their
dissatisfaction with unsuitable candidates, exerting

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moral pressure on political parties to field better • Resource wastage: NOTA entails additional resources
candidates. for ballot papers and counting procedures, potentially
increasing the cost and time required for elections.
The NOTA option was introduced in 2013 on the direction of the Supreme Court as a step to empower voters in the
expression of their choice. While it has been seen as a symbolic gesture of rejection and as a negative vote, it has
been rather a toothless facility than a useful tool to influence the election process.
MODEL CODE OF CONDUCT (MCC)
Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) to regulate the
behavior of political parties and candidates during elections.The Model Code of Conduct was first introduced by the
Election Commission in the assembly election in Kerala in 1960. In 1962, the Election Commission introduced the
Model Code of Conduct for general elections. The guidelines of the Model Code of Conduct were made stricter by the
Election Commission in 1991 after repeated flouting of norms by political parties.
EVOLUTION:
• 1960: The Model Code of Conduct was first observed during the general election to the State Legislative
Assembly in Kerala.
• 1962: The Code was taken into national cognizance during the Lok Sabha Elections and the State Legislative
Assembly elections.
• 1991: The Election Commission of India (ECI) issued guidelines for the Model Code of Conduct for political
parties and candidates.
• 1993: The ECI issued a revised set of guidelines for the Model Code of Conduct.
• 2013: The Supreme Court of India directed the ECI to include the option of "None of the Above" (NOTA) in the
electronic voting machines (EVMs) and ballot papers.
• 2019: The ECI issued new guidelines for the Model Code of Conduct for political parties and candidates during
the Lok Sabha Elections.

CHALLENGES:
• Challenges of the Digital Age: The Model Code of Conduct fails to adequately address the challenges posed by
digital platforms, allowing the spread of fake news and hate speech.
• Limited Enforcement Power: The Model Code of Conduct lacks legal enforceability, enabling political parties and
candidates to violate it without facing significant consequences.
• Lack of Clarity: The Model Code of Conduct lacks clarity on issues like the use of government resources, leading to
confusion and inconsistent enforcement.
• Time-Bound Effectiveness: The Model Code of Conduct is time-bound, losing its effectiveness once the elections
are concluded, allowing for pre and post-election violations without repercussions.
• Limited Scope: The Model Code of Conduct only covers the conduct of political parties and candidates during
elections, overlooking crucial areas like campaign finance regulation.
• Loopholes: The Model Code of Conduct has several loopholes that political parties and candidates can exploit. For
example, the Code does not prohibit the use of religion or caste in election campaigns, which can lead to communal
and divisive politics.

MAKING MODEL CODE OF CONDUCT LEGALLY ENFORCEABLE

The Standing Committee on Personnel, Public Grievances, Law and Justice recommended making the MCC legally
binding and recommended that the MCC be made a part of the RPA 1951.
• Ensuring Accountability: Legal enforceability of the Model Code of Conduct would establish accountability,
discouraging unethical practices among political parties and candidates.
• Strengthening Democracy: Making the Code legally enforceable would bolster democracy by ensuring fair and
transparent elections.
• Upholding the Rule of Law: Making the Code legally enforceable would uphold the rule of law, preventing the
misuse of power by political parties and candidates.

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• Feasibility: ECI has opposed this for the reason that elections must be completed in a short time and judicial
proceedings take a longer time, therefore it is not feasible to make it enforceable by law.
• Consistency: Legal enforceability would promote consistent enforcement of the Code, eliminating disparities in
its application.
• Clarity: Legal enforceability would bring clarity to what constitutes a violation of the Code, facilitating its
enforcement.

WAY FORWARD:
• Strengthening penalties: The Election Commission of India (ECI) can consider strengthening penalties for
violations of the Model Code of Conduct. For example, in the 2019 Lok Sabha elections, the ECI disqualified a
candidate for three years for violating the Code by seeking votes in the name of religion.
• Improved monitoring: The ECI can improve its monitoring mechanisms to detect violations of the Model Code of
Conduct. For example, in the 2019 Lok Sabha elections, the ECI used mobile apps to monitor election campaigns
and detect violations of the Code.
• Addressing loopholes: The ECI can address the loopholes in the Model Code of Conduct by updating its provisions
to include a ban on the use of religion or caste in election campaigns. For example, in the 2019 Lok Sabha elections,
the ECI issued guidelines to political parties to refrain from using the armed forces for political propaganda.
• Awareness campaigns: The ECI can launch awareness campaigns to educate voters and political parties about the
Model Code of Conduct and its provisions. For example, in the 2019 Lok Sabha elections, the ECI launched a voter
awareness campaign called "SVEEP" to encourage voter participation and promote ethical voting.

The Model Code of Code is inherently an obligatory guideline and cannot be used as a wholesome rulebook before a
court of law. The warnings by the Election Commission are the general course of action in case of violation of the Model
Code of Conduct. However, if violations fall under the Indian Penal Code, 1860, and the Representation of the People
Act, 1951, then there are many serious repercussions, and the violator could even go to jail.

KEYWORDS: Addressing loopholes, Rule of Law, Time-Bound Effectiveness, Digital Age, Limited Enforcement Power,
Symbolic gesture.

ELECTION FUNDING
The process by which political parties raise funds for their campaigns and activities, including reaching out to voters,
is known as election funding. Concerns have been raised by the Supreme Court about the potential misuse of funds
obtained through electoral bonds for purposes such as supporting terrorism or instigating violent protests.
CHALLENGES WITH ELECTION FUNDING:
• Anonymity concerns with electoral bonds: The introduction of electoral bonds in 2017 has raised worries about
the anonymity of political donations, allowing unlimited anonymous contributions from companies and increasing
the risk of illicit funding influencing elections.
• Opacity in funding sources: According to a report by the Association for Democratic Reforms (ADR), political
parties in India receive a high proportion of their income from unknown sources, indicating issues with electoral
funding. This lack of transparency makes it difficult to track the flow of money and identify potential sources of
corruption.
• Escalating campaign expenses: Elections in India are costly, requiring political parties and candidates to gather
substantial funds for campaigning. This can result in the influence of affluent donors and the adoption of unlawful
means to finance political activities.
• Transparency challenges: The Indian political funding system lacks transparency, making it challenging to hold
parties and candidates accountable. Uncertainty surrounds the origins of donations, with many contributions made
anonymously.
• Limited public funding: Although the government provides some funding for election-related expenses, the
amount of public funding available is restricted. Consequently, political parties and candidates rely on private
donations, potentially leading to the influence of wealthy donors.

Electoral Bond Issue:

In a landmark judgment on February 15, 2024, a five-judge Bench of the Supreme Court of India declared the

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electoral bond scheme unconstitutional. This was a scheme which opened the floodgates of unlimited anonymous
funding of political parties and consolidated the role of big money in the Indian political system.

CONCERNS ADVANTAGES

• The Supreme Court stated that anonymous electoral bonds • Enhanced Transparency: Promotes
violate the Right to Information and Section 19(1)(a). transparency through engagement with
• Selective Anonymity and Confidentiality: The court said that election authorities and the public.
the scheme provides for “selective anonymity” and “selective • Preservation of Donor Anonymity:
confidentiality” as the details of electoral bonds are available Allows confidential donations by
with the State Bank of India (SBI) and can also be accessed by individuals and organizations.
the law enforcement agencies. • Accountability Assurance: Donations
• Right to Know Source of Funding: The court criticized the are credited to disclosed party bank
government’s contention that voters do not have the right to accounts, ensuring explanations of fund
know the source of funding of political parties. utilization.
• Need for a New Balanced System: The court added that the • Discouragement of Cash Transactions:
Union government should consider designing a new system Requires payments through designated
that balances proportionality and paves the way for a level banks, reducing cash use.
playing field.
Way Forward:
• National Commission to Review the Working of the Constitution (2001): Recommended state funding of
elections as an anti-corruption measure if certain transparency conditions are met.
o State Funding of Elections implies the use of public funds to support the electoral expenses of political parties
and candidates.
• Chilean Experiment – Reserved Contributions: Under it, the donors could transfer the money they wished to
donate to parties to the Chilean Electoral Service. The Electoral Service would then forward the sum to the party
without revealing the donor’s identity.

State Funding of Elections: In state funding of elections, parties, and candidates receive funds from the public
exchequer/state budget rather than having to raise money entirely on their own.

NEED CHALLENGES

Lack of Transparency in Political Funding: There are no The burden on Taxpayers: Using public funds
limits on campaign spending or mandatory disclosures of for political campaigns places an additional
sources of funds for parties and candidates. burden.
Potential for Corruption: Private funding can lead to the Potential Misuse of Public Funds: Without
influence of wealthy individuals, businesses, or interest proper oversight and accountability mechanisms,
groups on political decisions. there’s a risk that public money could be wasted
Policy Capture: Donors and corporations may influence the or used for unintended purposes.
policies of the parties they fund. This can lead to cronyism Unfair to Non-Political Causes: State funding
and policy capture. may divert resources from other essential public
Unequal Playing Field: Those with access to greater services like education, health, and infrastructure
financial resources have a competitive advantage, which can that require attention and funding.
hinder the participation of others (having lesser financial No Guarantee of Fairness: Allocation criteria
resources). and distribution mechanisms can be manipulated
Black Money and Illicit Funding: It can compromise the or biased, potentially favoring certain political
integrity of the electoral process and erode public trust in parties or candidates.
the political system. Free Speech Concerns: Restrictions on private
Frivolous Spending: In the absence of spending limits, funding may limit the ability of individuals and
parties indulge in an arms race of expenses on rallies, organizations and violate their right to express
advertising, etc., which may be wasteful. political preferences.

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Voter Manipulation: Unchecked spending on voter gifts, Government Influence: Parties may become
cash for votes, etc., manipulates electoral outcomes through overly dependent on the government for funding,
money power. compromising their independence and ability to
Criminal Nexus: Unaccounted funding facilitates the nexus act as a check on the government.
between criminals, wealthy businessmen, and politicians. One-size-fits-all approach: Different regions,
parties, and candidates may have varying needs,
and a one-size-fits-all approach may not address
these differences effectively.

Committees:
• Indrajit Gupta Committee on State Funding of Elections (1998): Recommended partial state funding in
the form of limited indirect subsidies for candidates and recognized parties.
• Law Commission Report on Electoral Reforms (1999): Advocated partial state reimbursement of election
expenses to recognized parties and candidates to reduce corruption.
• Second Administrative Reforms Commission Report (2008): Endorsed state funding of elections as part
of a package of reforms to tackle corruption and criminalization in politics.
• National Commission to Review the Working of the Constitution (2001): Recommended state funding of
elections as an anti-corruption measure if certain transparency conditions are met.

WAY FORWARD:
• Digital transactions: Implementing a complete shift to digital transactions for political donations to enhance
transparency and reduce the influence of illicit funding.
• Limiting anonymous donations: Restricting anonymous donations to a maximum of 20% to curb the potential
corporate-political nexus.
• Transparency through RTI: Bringing political parties under the purview of the Right to Information (RTI) Act,
similar to practices in Bhutan and Germany, to ensure transparency in their functioning.
• National electoral fund: Establishing a national electoral fund where donors contribute, and funds are distributed
among parties based on their performance in the previous elections. Eg chile
• State funding of elections: Exploring the recommendation from the Second Administrative Reforms Commission
(2nd ARC) for state funding of elections, considering the high costs involved.
• Expenditure cap on political parties: Imposing a cap on the expenditure of political parties, calculated as a
multiplication of half of the maximum prescribed limit for individual candidates and the total number of candidates
fielded.
KEYWORDS: Expenditure cap, State funding of elections, Digital transactions, anonymous donations, Policy Capture,
Frivolous Spending, Criminal Nexus, One-size-fits-all approach, Unequal Playing Field.

CRIMINALIZATION OF POLITICS
The Supreme Court recently issued guidelines to monitor the speedy disposal of criminal cases, addressing the alarming
issue of the criminalization of politics against Members of Parliament (MPs) and Members of Legislative Assemblies
(MLAs).
• After the 2019 Lok Sabha elections, 43% of the newly-elected MPs had pending criminal cases against them,
highlighting the issue of Criminalization of Politics. The Association for Democratic Reforms (ADR) is an advocacy
group focused on electoral reforms.
• As per media reports of February 2022, the number of pending criminal cases against sitting and former MLAs and
MPs had risen to close to 5,000 towards the end of December 2021.
DEFINITION
• The criminalization of politics refers to the infiltration of individuals with criminal backgrounds into the political
arena, involving their participation in elections and subsequent election as Members of Parliament (MP) or
Members of the Legislative Assembly (MLA).

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REASON FOR THE CRIMINALIZATION OF POLITICS

POLITICAL LEGAL & VOTERS RELATED ECI

Nexus between politicians Disqualification after conviction: Trust deficit: Delayed action against
and bureaucracy: This The Representation of the People Act, ruling party candidates and open flouting
undesirable and dangerous 1951 disqualifies individuals from of the Model Code of Conduct erode public
relationship leads to the being MPs/MLAs after conviction, but trust in the ECI.
infiltration of criminals, it doesn't prohibit them from holding Lack of infrastructure: Example:
lawbreakers, and corrupt positions within the party. Example: A Limited manpower, technological
individuals into the political politician convicted of a criminal resources, and logistical challenges can
system. For example, the 2G offense may be disqualified from being make it difficult for the ECI to
spectrum scam, which an elected representative but can still comprehensively monitor campaign
involved politicians and hold influential party positions or activities and enforce election rules.
bureaucrats, was one of the exercise significant control over party Limited powers: The ECI lacks the
biggest corruption scandals in affairs. power, under Section 8 of the
India's history. Narrow interest: Despite awareness Representation of the People Act, to
Corruption: In every election, of candidates' criminal history, voters disqualify candidates before conviction.
political parties put up often prioritize narrow interests like Example: ECI may not have the authority
candidates with a criminal caste or religion when casting their to disqualify them from contesting
background, and there is an votes. elections until a conviction is secured.
evident link between Vote-buying: The vulnerability of Lower conviction rate: The low
criminality and the probability voters to manipulation and the conviction rate in criminal cases against
of winning. For example, in the practice of buying votes undermines MPs and MLAs creates a perception of
2019 Lok Sabha elections, the democratic process. Example: impunity and encourages the entry of
43% of the candidates who Instances have been reported where individuals with criminal backgrounds
won had criminal cases politicians distribute money, gifts, or into politics. Example: The conviction rate
against them. other incentives to influence voters' for criminal cases against MPs and MLAs
choices, compromising the integrity of is only 6%, which is significantly lower
elections. than the national average conviction rate
of 46% under the Indian Penal Code.
CONSEQUENCES OF CRIMINALIZATION OF POLITICS:
• Parliament's credibility undermined: Criminal lawmakers weaken the legislative quality and erode public trust
in institutions.
• Corruption breeding ground: The influx of money fosters a tainted democracy dominated by financial and muscle
power.
• Limited voter choice: Criminal candidates restrict options, contradicting free and fair elections.
• Poor governance impact: Substandard legislation, exclusionary policies, and corruption hinder public service
delivery.
• Judicial faith in question: Political manipulation raises doubts about an impartial judiciary's independence.
• Disrupting social harmony: Criminal politicians set negative role models, promoting a culture of violence.
STEPS TAKEN BY SUPREME COURT

JUDGEMENT IMPORTANCE
Not to suspend the conviction of a person on appeal if convicted and
1997 judgment
sentenced to imprisonment under the PoCA, 1988.
ADR vs UoI, 2002 Contesting candidate to disclose pending criminal convictions
Automatic disqualification of MP and MLA upon conviction to 2 years jail
Lily Thomas vs UoI, 2013
term.
People’s Union for Civil Liberties
Right to negative vote, NOTA to put moral pressure on political parties
vs UoI case, 2014
Public interest foundation vs UoI,
Complete pending trials of MP and MLA cases within 1 year
2014.

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Mandatory disclosure of the source of income of political candidates as well
Lok Prahari Vs UOI case 2018
as their dependents and associates.
Public interest foundation case Disclose pending criminal cases against candidates through EC & political
2018 parties and publicization of the same through different media.
Public Interest Foundation & Ors. Mandatory for political parties to publish details of pending criminal cases
Vs. Union of India & Anr. 2020 against candidates & reasons to select them over others

Recent SC Judgement on Vote for Bribe issue:

The Supreme Court ruled that lawmakers cannot claim immunity from prosecution in bribery cases. The court
explained that the legal protection provided to MPs and MLAs under Articles 105 and 194 of the Constitution does
not shield them in cases of accepting bribes for votes or speeches in the House. With this verdict, the Supreme Court
overruled the 1998 PV Narasimha ruling which held that MPs and MLAs who take bribes for voting and asking
questions in the House enjoy immunity as per the Constitution.

STEPS TAKEN BY THE ELECTION COMMISSION:

• 1997: Returning Officers to reject the nomination of candidates who stand convicted on the day of filing nomination
papers even if their sentence is suspended
• Flying squads to seize black money during elections
• Candidates are to furnish an affidavit containing information about criminal antecedents, their assets, liabilities, and
educational qualification
• Voter awareness campaigns use tools like SVEEP and using celebrities to spread a message to not sell their vote.
Way Forward:
• Strengthening of legal framework: Candidates against whom charges have been framed in court for serious
offenses should be disallowed from participating in elections by making an amendment to the RPA,1951. The 244th
Law commission recommends disqualification at the stage of framing of charges, accompanied by other legal
safeguards.
• Internal Democracy In Political Parties: Convicted politicians may continue to influence law-making by
controlling the party and fielding proxy candidates in the legislature. Although the RPA 1951 disqualifies a sitting
legislator or a candidate on certain grounds, there is no regulation over the appointments to offices within the party.
• State Funding: Implementation of state funding of elections, as recommended by Dinesh Goswami and the Inderjeet
Committee.
• Right to Recall: Granting voters the power to recall non-performing elected representatives.
• Bar on Contesting: Barring individuals charged with offenses punishable by more than five years from contesting
elections.
• Timely Trials and Disqualification: Complete trials within one year and automatic disqualification after one year.
• Law Commission: Amendments to the following sections of RPA, 1951: Disqualification Ground: Section 125A -
Conviction as a ground for disqualification under Section 8(1). False Affidavits: Section 125A - Minimum two-year
sentence for filing false affidavits. Corrupt Practice: Section 123 - Include filing false affidavits as a corrupt practice.

KEYWORDS: Law Commission, Limited voter choice, disrupting social harmony, credibility undermined, Narrow
interest, Vote Buying.

INTERNAL PARTY DEMOCRACY

Intra party democracy in Indian political parties is essential for fostering internal accountability, inclusive decision-
making, and the overall health of the democratic process within political organizations. Internal party democracy
means to uphold the decision of the majority of the party members, in accordance with their respective constitution.
The lack of democratic functioning of the parties is mainly manifested in two fundamental aspects:
• Not open and inclusive Procedure: The procedure for determining the leadership and composition of the parties
is not completely open and inclusive. This adversely impacts the constitutional right of all citizens to equal political
opportunity to participate in politics and contest elections.
• Centralized mode of functioning: The centralized mode of functioning of the political parties and the stringent
anti- defection law of 1985 deters party legislators from voting in the national and state legislatures according to
their individual preferences.

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POLITICS OF FREEBIE
A webinar titled ‘Freebies Culture and its Impact on Indian Politics & Democracy’ was organized by the Association
for Democratic Reforms (ADR) in view of a public interest litigation (PIL) challenging freebies.
Freebies:
The Reserve Bank of India (RBI) in a bulletin in June 2022 defined ‘freebies’ as “a public welfare measure that is
provided free of charge. It includes provisions like free electricity, water, public transportation, the waiver of
outstanding utility bills, and farm loan waivers.
Concerns associated with excessive use of freebies:
• Heavy Tax Burden on States: Many states are burdened with substantial debts, limiting their capacity to invest in
more significant welfare programs. Punjab’s electricity subsidy constitutes over 16 percent of its total revenues.
• Against Constitutional Principles: Making promises when the states lack money to guarantee fundamental rights
and implement directive principles is against constitutional principles.
• Shrinkage of fiscal space: The subsidy burden needs to be to be funded through debt, which will result in mounting
deficits. It will lead to breach of Fiscal Responsibility and Budget Management (FRBM) rules and the states ending
up in a debt trap.
• Violation of the principle of a level-playing field: Freebies gives the political parties undue advantage by making
promises to provide private goods for only a section of voters. For instance, promising cycles for girl students or
laptops for college students, or grinders for housewives, etc.
• Social Impact: Despite receiving more resources, the RBI’s study reveals a decline in social sector spending by
states, particularly in vital areas like health and education.
• Environmental concerns: States offer free electricity to farmers, leading to overuse of groundwater and the
continuation of traditional crop patterns. In Punjab and Haryana, the ground water extraction stands at 161 % and
134 % against the national average of 61 % due to highly subsidized electricity.
Challenges in curtailing Freebie Culture:
• Lack of regulatory powers with ECI: The Election Commission of India (ECI) has stated that it lacks the authority
to regulate or penalize political parties for making electoral promises. According to the ECI, the offering or
distribution of freebies, either before or after an election, falls under the jurisdiction of the respective party.
• No assessment of financial viability of populist policies: Political parties often fail to clarify the funding sources
for the promises made in the form of freebies.
• Lack of Information to the Voters: They don’t delve into the financial aspects of freebies, prompting political
parties to compete for promising freebies.
Supreme Court response on Freebies:
• The Supreme Court Bench in a recent judgment proposed the constitution of an apex body, to address the issue of
freebies and poll promises.
• It will comprise several stakeholders like the Niti Aayog, Law Commission, Finance Commission, Reserve Bank of
India and members of ruling party and opposition parties,
• The reference is a shift from the court’s own stand in the S. Subramaniam Balaji vs Tamil Nadu judgment of 2013.
• S. Subramaniam Balaji vs Tamil Nadu judgment of 2013: The court had held that making promises in election
manifestos does not amount to a ‘corrupt practice’ under Section 123 of the Representation of People (RPA) Act,
1951.
Way Forward:
• Responsibility of voters: Voters need to be vigilant and inquire about the financial implications of the populist
policies.
• Empowering the ECI with greater authority: Statutory provisions as a backup or warnings on the use of funds
are needed.
• Model Manifesto: ECI could bring in certain measures under the MCC to introduce a responsible way of making
promises to the public. Voters need to decide whether an election campaign is credible and whether the promises
and the freebies are in their interest.
• Fixing limit of welfare schemes: Fixing spending of 1% of GSDP or 1% of state own tax collections or state revenue
expenditure would help to implement welfare schemes properly.

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• Tracking social sector budgetary allocations: Prioritizing higher resource allocation to welfare schemes is
needed. India’s spending on health and education, at 4.7%, lags behind that of other developing countries, such as
sub-Saharan Africa, which spends 7%.
Pronab Sen, economist and former chief statistician of India, says the financial landscape of some states would
have been more damaging had political parties implemented every promise they had made when they came to power.
“The actual impact of freebies on the Indian economy is still limited because some promises remain unfulfilled,” The
legacy subsidies are the real problem. “At times voters don’t mind if a promise is not fully implemented. But once a
freebie is given, no political party will dare to withdraw it, fearing a backlash,”. (Economics Times)
AI AND ELECTIONS
Artificial Intelligence (AI) refers to the simulation of human intelligence in machines that are programmed to think like
humans and mimic their actions. It includes technologies like machine learning, pattern recognition, big data, self-
algorithms etc.
SIGNIFICANT POTENTIAL OF AI IN ELECTIONS
• Increased and Effective Voter Engagement: By spreading awareness through social platforms in education
campaigns, AI can help the voters to understand the issues and candidates, which can consequently result in
increased engagement and inform voters more effectively.
• Promoting Inclusiveness: With the help of AI-based Apps like Bhashini, the information can be made available in
multiple Indian languages. This will be helpful for the deprived sections of the society. AI technologies can help
voters with disabilities, such as those who are visually impaired, making the voting process more accessible and
inclusive.
• Election Transparency and Security: AI can help in the implementation of transparent advertising policies, rolling
out content labels, and restricting election-related queries to combat misinformation.
• The AI-based chatbot can be introduced on the Election Commission website to address the grievances. AI tools will
monitor polling processes, analyze data, and ensure election integrity through machine learning algorithms and
preventive measures.
• Strengthened Democracy: The ECI is also making optimum use of the technology with options like online voter
registration and releasing the voter’s list on the website. They can use AI and Social Media to create awareness and
broader reach and address grievances.
CHALLENGES ASSOCIATED WITH THE USE OF AI IN ELECTIONS
• Misinformation & Disinformation: Deepfakes and other AI-generated content can create hyper-realistic digital
falsification and can potentially be used to damage reputations, fabricate evidence, and undermine trust in
democratic institutions.
• Social Media Amplification: Social media companies such as Facebook and Twitter compound the influence and
misinformation risks, which significantly cut their fact-checking and election integrity teams.
• Microtargeting: through micro-targeting techniques, AI algorithms can be used to manipulate voter preferences
and undermine the fairness of elections by influencing voters.
• Privacy Concerns: The main privacy concerns surrounding AI is the potential for data breaches and unauthorized
access to personal information. With so much data being collected and processed, there is a risk that it could fall
into the wrong hands, either through hacking or other security breaches.
• Erosion of Trust: The mere existence of AI-generated content can foster a general atmosphere of distrust, where
people question the authenticity of all information. This phenomenon is known as the liar’s dividend.
• No Specific Law: India lacks specific laws to address deepfakes and AI-related crimes, but provisions under many
legislations could offer civil and criminal relief.
o Example: Section 66E of the Information Technology Act, 2000 (IT Act) is applicable in cases of deepfake crimes
that involve the capture, publication, or transmission of a person’s images in mass media, thereby violating their
privacy.
o Such an offense is punishable with up to 3 years of imprisonment or a fine of ₹2 lakh.
ACTIONS TAKEN BY INDIA
• Issuance of Advisory to Digital Platforms: The Indian government has asked digital platforms to provide technical
and business process solutions to prevent and weed out misinformation that can harm society and democracy.
• The government said a legal framework against deepfakes and disinformation will be finalized after the elections.
The government also said companies should not generate illegal responses under Indian laws or “threaten the
integrity of the electoral process”.

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• Google-ECI Partnership: Google has partnered with the Election Commission of India (ECI) to prevent the spread
of false information during the general elections. Google is committed to providing reliable information and
preventing deceptive AI-generated content.
WAY FORWARD
• Regulation Framework: There is a need to establish a precise legal framework mechanism for the use of AI in
elections, such as regulations on data protection, transparency in AI-driven advertising and standards for the ethical
use of AI.
• Collaboration: Governments and electoral bodies must collaborate with technology companies to combat
misinformation and secure electoral processes.
• Public Awareness: Educating the public about the challenges of AI-generated misinformation can empower voters
to evaluate the information critically.SVEEP
• Technological Solutions: The time has come to develop AI systems capable of detecting and flagging false
information and deep fakes.
CONCLUSION
This is an era where technological evolution is inevitable. Maintaining democratic principles whilst utilizing technology
for advancement calls for significant thought and constant ethical examination. The proper integration of social media
and AI will influence political discourse and decision-making for years to come as Bharat moves towards the Amrit Kaal
of its democracy.

ELECTORAL LITERACY: Initiatives by ECI

An Electoral Literacy Club is a platform to engage school students through interesting activities and hands-on
experience to sensitize them on their electoral rights and familiarize them with the electoral process of registration
and voting. ELCs are also present in colleges and rural communities. At ELCs, learning is fun. Activities and Games
are designed to stimulate and motivate students, provoking them to think and ask questions. Through ELC, Election
Commission of India, aims at strengthening the culture of electoral participation among young and future voters.
Systematic Voters’ Education and Electoral Participation (SVEEP) Programme are undertaken to educate the
electors regarding procedure relating to registration of name in Electoral Roll, correct of their existing particulars in
Electoral Roll and deletion of name of shifted and deceased family members.

ENCORE:
The Election Commission of India (ECI) has unveiled 'ENCORE' (Enabling Communications on Real-time
Environment), a software solution designed to enhance the management of candidates and election proceedings.
This innovative digital platform simplifies the nomination process by allowing candidates to complete forms online,
which can then be printed and submitted offline along with required documentation. Candidates are provided the
opportunity to register accounts on the ECI's online portal, granting access to nomination forms, the ability to submit
security deposits, and the option to arrange appointments with the Returning Officer. ENCORE facilitates the
seamless processing of candidate nominations and the authentication of affidavits, empowering Returning Officers
to efficiently manage nomination submissions and affidavit verification.

KEYWORDS: Erosion of Trust, Freebies, Encore, internal party democracy, dynastic politics, criminalisation of
politics, MCC, 2ND ARC, Misinformation, microtargeting, Systematic Voters’ Education and Electoral Participation
(SVEEP), Misinformation & Disinformation.

Previous Year Questions

1. In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the 2018
challenges before the Election Commission of India to ensure the trustworthiness of elections in India?
2. Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and 2017
money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss.
3. To enhance the quality of democracy in India the Election Commission of India has proposed electoral 2016
reforms in 2016. What are the suggested reforms and how far are they significant to make democracy
successful?

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19 DELIMITATION COMMISSION

BACKGROUND
• The Delimitation Commission in India is a statutory body responsible for determining the boundaries of various
constituencies in the country for the purpose of elections.
CONSTITUTIONAL PROVISIONS

Article 81: Every state and UT would be allotted seats in the Lok Sabha in such a manner that the ratio of
population to seats should be as equal as possible across states.
Article 82: Delimitation of parliamentary constituencies after every census by Delimitation Commission
established by the GoI under Delimitation Commission Act.
Article 170: States get divided into territorial constituencies as per Delimitation Act after every Census.
84th Constitutional amendment act: Freezing of delimitation till 2026.
o Reasons: Family planning and population stabilization objective.
o Implications: Violation of Article 81 due to unequal representation across constituencies.

DELIMITATION COMMISSION
• Appointment: The Delimitation Commission in India is appointed by the President and works in collaboration with
the Election Commission of India (ECI).
• Composition: It comprises a retired Supreme Court judge, the Chief Election Commissioner, and the respective
State Election Commissioners.
• Authority: It is a high-powered body with its orders having the force of law and cannot be challenged in court.
• Reporting: The commission's orders are presented before the Lok Sabha and State legislative assemblies, but
modifications are not permitted.
FUNCTIONS OF THE DELIMITATION COMMISSION
• Boundary Determination: Determines the boundaries and number of constituencies, ensuring population equality
among them.
• Seat Allocation for SC/ST: Decides on the allocation of seats for Scheduled Castes (SC) and Scheduled Tribes (ST)
in areas with significant SC/ST populations (as per Articles 330 and 332).
• Readjusting the representation of territorial constituencies: Readjust the representation of territorial
constituencies in the Lok Sabha (House of People) and Legislative Assemblies based on the latest population census
statistics.
• Recommendations and Public Participation: Publishes draft recommendations in the Gazette of India, state
gazettes, and regional media. Conducts public hearings to consider public opinions, incorporating modifications as
necessary.
• Majority Decision: Adopts the majority decision in case of dissent among Commission members.
84TH CONSTITUTIONAL AMENDMENT ACT (2002)
• Delimitation Freeze: The 84th Amendment froze the delimitation of Lok Sabha and State Assembly seats until the
first Census after 2026.
• Objective and reasons:
o For Population Stabilization: Keeping in view the progress of family planning programmes in different parts
of the country, the Government, as part of the National Population Policy strategy, decided to extend the freeze
on undertaking fresh delimitation up to the year 2026 as a motivational measure to enable the State Government
to pursue the agenda for population stabilization.

International Practices:
• In a federation like the U.S, the number of seats in the House of Representatives (the equivalent of our Lok
Sabha) has been capped at 435 since 1913. The seats among the States are redistributed after every Census

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through the ‘method of equal proportion’. This does not result in any significant gain or loss for any of the
States.
• In the European Union (EU) Parliament which consists of 720 members, the number of seats is divided
between 27 member countries based on the principle of ‘degressive proportionality’. Under this principle, the
ratio of population to the number of seats shall increase as the population increases.

Significance of Delimitation commission Challenges

Supreme Authority: The Delimitation Southern States' Concerns: The southern states, with
Commission's decisions and instructions are final successful population control measures and higher per
and unchallengeable by law or the courts. capita revenue generation, feared losing meaningful
Responsible For Equitable Representation: The political representation compared to the northern
commission sets constituency boundaries and states.
numbers to ensure nearly equal population Disenfranchisement and Economic Contributions:
distribution. This ensures fair representation. It Delimitation based solely on population would have
upholds the principle of “One vote, one value”. politically disenfranchised economically developed
Fair Regional Distribution: It ensures fair regional southern states, while the central government
distribution to prevent one political party from continued to benefit from their economic
outperforming others in an election. contributions.
Identifying Reserved Seats: The Delimitation Amendments and Postponement: To address these
Commission identifies seats that are reserved for concerns, the Constitution was amended during the
Scheduled Castes (SC) and Scheduled Tribes (ST) in Emergency rule in 1976, suspending delimitation until
areas where these communities have a significant 2001. Subsequently, another amendment further
population. This ensures their adequate political postponed it until 2026, with the hope of achieving a
representation. uniform population growth rate by then.

CRITICISM OF THE DELIMITATION COMMISSION

• Population Control Bias: States promoting family planning risk having their seats reduced, while states with less
emphasis on population control may gain more seats.
• Outdated Seat Allocation: Delimitation done in 2008 was based on the 2001 census, but the total number of seats
remained unchanged since 1971, leading to a disparity between population growth and representation.
• Constitutional Seat Limits: Because there are fewer seats available (550 for the Lok Sabha and 250 for the Rajya
Sabha), fewer representatives can effectively represent larger populations.
• Unequal Representation: Fixed seat allocation and population growth lead to unequal representation, impacting
the voice and influence of growing populations.

KEYWORDS: Unequal Representation, Population Control Bias, Fair Regional Distribution, Disenfranchisement
and Economic Contributions, responsible For Equitable Representation.

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20 ATTORNEY GENERAL OF INDIA

INTRODUCTION
The Attorney General of India (AGI) is the highest legal officer and chief legal advisor to the government of India.
Appointed by the President of India, the Attorney General represents the government in legal matters, provides legal
advice, and represents the government in the Supreme Court of India.
ABOUT AGI
DUTIES
• Advising the Government: The AG provides legal advice to the Government of India on matters referred to them
by the President. They offer their expertise and guidance on various legal issues.
• Performing Assigned Legal Duties: The AG performs other legal duties assigned to them by the President. These
duties may vary and can include providing legal opinions, drafting legal documents, and representing the
government in legal matters.
• Discharging Constitutional and Legal Functions: The AG carries out functions conferred upon them by the
Constitution or any other law. This involves upholding and safeguarding the legal framework of the country.
• Representation in Presidential References: The AG represents the Government of India in any reference made
by the President to the Supreme Court under Article 143 of the Constitution. This refers to cases where the President
seeks the Supreme Court's opinion on certain constitutional or legal matters.
• Representation in the Supreme Court: The AG represents the Government of India in all cases before the Supreme
Court where the government is a party. They present arguments and advocate on behalf of the government's
position.
• Representation in High Courts: When required by the Government of India, the AG appears in high courts to
represent the government in cases where the government is involved.
LIMITATIONS
• Not to advise or hold a brief against the Government of India.
• Not to advise or hold a brief in cases in which he is called upon to advise or appear for GoI.
• Not to defend accused persons in criminal prosecutions without the permission of the GoI.
• Not to accept an appointment as a director in any company without the permission of GoI.
• Not to advise any ministry/ department of GoI/ any statutory organization/ PSU unless the proposal or a reference
for this is received through the Department of Legal Affairs.

KEYWORDS: Legal Duties, Discharging Constitutional and Legal Functions, Grievance Redressal, Spreading
Awareness, Constitutional Safeguards.

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21 NATIONAL AND STATE HUMAN RIGHTS COMMISSION

INTRODUCTION
• NHRC is a statutory body established in 1993 under the legislation, the Protection of Human Rights Act, 1993.
It is the watchdog of human rights in the country. It was established in conformity with the Paris Principles (1991)
adopted for the promotion and protection of human rights.

FUNCTIONS CHALLENGES
Limitations
• Inquire into any violation/negligence of human • Absence of investigation mechanism: It is dependent on
rights by a public servant, either suo-motu or Central and concerned State Governments for investigation
on a petition presented to it or on an order of a of the human right violation cases.
court. • Non-binding orders: NHRC has no power to enforce its
• Intervene in any proceeding involving an decisions. The government often out rightly rejects the
allegation of violation of human rights pending recommendation of NHRC.Toothless tiger by SC
before a court • Lack of Infrastructure: Despite a 1450% increase in cases
• Review the constitutional and other legal between 1995-2005, its strength has been reduced by 16%.
safeguards for the protection of human rights This limits cases handled by NHRC.
and recommend measures for their effective • Pendency and delays: It is over-burdened with cases that
implementation. have resulted in more than 10000 cases pending with it.
• Study treaties and other international • Staff-related issue: A maximum of its staff is on deputation.
instruments on human rights and make Many times investigating officers belong to the accused
recommendations for their effective service which results in a conflict of interest.
implementation. • The U.N.-recognised Global Alliance of National Human
• Promote research in the field of human rights Rights Institutions (GANHRI) deferred the accreditation of
and Spread human rights literacy among the National Human Rights Commission, India (NHRC-India)
people. citing objections like: Issues
• Visit jails and detention places to study the o Political interference in appointments.
living conditions of inmates. o Involving the police in probes into human rights
• Review the factors inhibiting the enjoyment of violations.
human rights including an act of terrorism and o Poor cooperation with civil society.
recommend remedial measures. o Lack of diversity in staff and leadership.
• Encourage the efforts of NGOs working in the o Insufficient action to protect marginalized groups.
field of human rights. • Limitations to handle cases:
Role played by NHRC: o NHRC can’t investigate complaints registered after one
• It has issued the following guidelines: Prison year of the incident.
reforms, reporting of custodial death within 48 o The exclusion of Armed forces and paramilitary forces
hours, and the recommendation to public from its ambit.
authorities to deal with manual scavenging. o NHRC takes cases solely on media reports and not
• Criticized laws like POTA, and TADA with the through its on-field work.
possible scope of misuse for violating human o It cannot challenge the personal laws: Supreme Court
rights. impleads NHRC, NCW in Muslim personal law case.
• Going beyond physical human right • Remarks by Soli Sorabjee: “India’s teasing illusion due to
violation to protect the socio-economic rights its incapacity to render any practical relief to the aggrieved
of people like poverty and starvation in party”.
Odisha’s Kalahandi. • Remarks by Supreme court: It is a “toothless tiger”.

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PROTECTION OF HUMAN RIGHTS (AMENDMENTS) ACT, 2019

• Composition:
o Judge of SC can also be appointed as chairman.
o Increased the number of people with human rights knowledge to three with at least one woman.
o Chairpersons of the NCBC, the National Commission for the Protection of Child Rights, and the Chief
Commissioner for Persons with Disabilities have been included as ex-officio members.
• Term of office: Reduced office term to 3 years from 5 years.
• Union territories: Central government can confer functions related to human rights cases of UT on nearby SHRC.
• Significance:
o Effective compliance with the Paris Principles i.e. autonomy, independence, and pluralism to effectively
protect and promote human rights.
o Facilitated increased representations to civil society.
o Increased accessibility to human rights courts to citizens of Union territories.
o A reduced age limit will ensure the timely filing of vacancies.
Recent News:
Recently, the National Human Rights Commission (NHRC) has called for an action taken report from the Odisha
government regarding the Balasore train accident.
The Sub-Committee on Accreditation (SCA) of GANHRI is evaluating the NHRC's accreditation status, which will
decide if it retains its "A status" for participation in UN human rights bodies.

WAY FORWARD
• Enforceable Powers: Decisions of NHRC should be made enforceable.
• Commission's composition: Greater representation to civil society, human rights activists, etc. Instead of ex-
bureaucrats. This will ensure the independent functioning of the body.
• Ahmadi commission recommendations: Remove one-year ceiling to take cases by NHRC. Also, the term of the
Armed force shall not include paramilitary forces.
• Independent staff: And dedicated investigating team to ensure timely disposal of cases.
• Coordination mechanism: Need to establish coordination mechanism between NHRC and SHRC.
• Diversify the role of NHRC: Towards new emerging concerns like rights of LGBT, industries and human rights,
environmental impact on human rights, etc.
Conclusion
CONCLUSION
• NHRC has played a significant role in many cases since its inception. Disposal of more than 15 lacs cases and more
than 100 Cr as victim compensation reflect its success.
• Considering rising cases against vulnerable sections it is high time to strengthen commission in all spheres to ensure
fundamental rights enshrined in the Indian constitution are enjoyed by everyone.

KEYWORDS: Enforceable Powers, Coordination mechanism, investigation mechanism, Political interference,

Insufficient action, Global Alliance of National Human Rights Institutions (GANHRI).

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22 CENTRAL AND STATE INFORMATION COMMISSION

INTRODUCTION
• The CIC is a high-powered independent and statutory body to look into the complaints made to it about offices,
financial institutions, PSUs, etc. under the Central Government and the Union Territories.

Functions Challenges

• Inquiry into complaints and disciplinary action • Removal of the fixed term: Instead of the earlier 5 years
against information officers: now terms of CIC, IC and SICs will be decided by the
o Unable to submit information request due to central government.
non-appointment of a Public Information • Determination of Salary by central government instead of
Officer the earlier status of equality with chief election
o Refused requested information not received a commissioner (in case of CIC) and Election commissioner
response to an information request within the (In case of ICs).
specified time limits. • Delayed appointments: As per the RTI, since 2014 CIC
o Fees charged are unreasonable was functioning without a Chief Information
o Feels that information given is incomplete, Commissioner for more than 400 days and has not
misleading, or false. functioned at full strength for more than 4 years.
• Suo-moto power: It can order an inquiry into any • Pendency: As per the report by Satark Nagrik Sangathan
matter if there are reasonable grounds Over 3.2 lakh pleas are pending before 27 information
• Powers of a civil court while inquiring. commissions across country.
• Examine any record: All public records must be • Delayed case disposal: As per the report by Satark
given to the CIC during inquiry for examination. Nagrik Sangathan CIC takes an average of 388 days to
• Secure compliance to its decisions from the public dispose of a case from the date that it was filed before the
authority. commission.
• Promote good governance: CIC promotes citizen • Poor judgments: Government officials in only 2.2% of
participation in governance and promotes cases face any punishment for violating the law despite
transparency and accountability in governance. various analyses showing a rate of about 59% violations.

Issues highlighted by Satark Nagrik Sangathan report:

• Missing during Covid-19 pandemic: 21 Out of the total 29 studied ICs, were not holding any hearings
• Absence of a centralized database of RTI applicants at the central or state level leads to inaccurate annual RTI
reports and analysis.
• No adequate authority: The Act did not give adequate authority to the ICs to enforce their decisions.
• Inadequate Trained PIOs and First Appellate authority: This results in breaking the 30 days timeline for
providing information as due to lack of proper training PIOs are not able to provide the information in a time
bound manner.
• No punishments: Government officials do not face any penalty for lack of their duty or improper behavior.

CONCLUSION
• RTI has been termed as historic legislation in India’s democratic history. To give teeth to RTI we need strong CIC
and SICs. Hence all reforms must be taken to ensure transparency and openness in the functioning of government.

KEYWORDS: Inadequate Trained, Good Governance, Suo-moto power, Bureaucratization, Pendency.

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23 CENTRAL VIGILANCE COMMISSION (CVC)

The Central Vigilance Commission (CVC) is an apex governmental body in India that is responsible for addressing issues
related to corruption and promoting transparency and integrity in public administration. CVC was established in 1964
by an executive resolution on the recommendation of the Santhanam Committee. In 2003, the Parliament conferred
a statutory status on the CVC. It is the main agency for preventing corruption in the Central government.
INDEPENDENCE OF CVC
• Appointment: By the President on the recommendation of a three-member committee (PM+ Home minister + the
Leader of the Opposition in the Lok Sabha).
• Removal: By president only on the ground mentioned in the statute.
• Composition: Central Vigilance Commissioner + Maximum two vigilance commissioners.
• Fixed Tenure: 4 years/ 65 years whichever is earlier and ineligible for further employment under the Central or a
state government.
• Fixed salary, allowances, and service conditions: It is similar to the Chairman of UPSC (in the case of chief
vigilance commissioner) and similar to a member of UPSC (in the case of vigilance commissioner).
• Independent staff: CVC has its Secretariat, Chief Technical Examiners’ Wing, and a wing of Commissioners for
Departmental Inquiries.

Functions Challenges

• Inquiry or investigation against an alleged employee • Executive dependence: The appointment of CEC is
of the Central Government for an offense under the indirectly under the executive only, hampering its
Prevention of Corruption Act, 1988 (PoCA). independent functioning.
• Superintendence over the functioning of CBI and • Advisory and non-binding recommendations to
giving directions to CBI related to the investigation of ministries and government organizations.
offenses under the PoCA. • Delay in case handling: There is a huge delay in the
• Superintendence over the vigilance administration cases that CVC handles, hence it does not act as an
in the ministries of the Central Government. effective deterrent.
• Doing preliminary inquiry into complaints referred by • Duplication of efforts: Due to overlapping jurisdiction
Lokpal in respect of officials of Groups A, B, C & D. of CBI, CVC, and Lokpal.
• Working as Competent Authority: competent • Limitation on CVC: The need of prior consent of
authority under the Whistle-blower protection act, 2014 ministries for the above joint secretary-level officials,
for a person to make a public interest disclosure on and exemption of private individuals limits its role in
corruption. addressing the corruption challenge holistically.
• Sensitization of citizens: Steps like vigilance week, and • Pending Cases: Lack of funds and human resources
integrity pledge help to generate awareness about the ill results in huge pendency of cases.
effects of corruption.

WAY FORWARD
• Ensure the independence of the commission.
• Timely appointment of CVC and VCS and ensure diversity in commission composition.
• Adequate funding: There shall be adequate funds to ensure modern infrastructure for efficient functioning.
• Adoption of modern technology like AI, Big Data and digitization of functioning.
• Avoid overlapping jurisdictions of various agencies like Lokpal, and CBI by ensuring role clarity.
CONCLUSION
• Corruption is the biggest threat to inclusive development, so steps must be taken to strengthen bodies like CVC, CBI,
and Lokpal to ensure PoCA is implemented in letter and spirit.
• Constitutional status for these bodies implies they have a greater role and responsibility in the democratic status of
the country, and constitutional protections ensure they are not at the mercy of the government.
KEYWORDS: Independence, Adequate funding, overlapping jurisdictions, Sensitization of citizens,

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24 UNION EXECUTIVE & STATE EXECUTIVE

INTRODUCTION
The organ of the government that primarily looks after the function of implementation and administration is called the
executive. While the heads of government and their ministers, saddled with the overall responsibility of government
policy, are together known as the political executive, those responsible for day to day administration are called the
permanent executive.
Comparison of Union executive and State executive:
Union Executive State Executive
Articles 52 to 78 in Part V of the Constitution deal Articles 153 to 167 in Part VI of the Constitution deal with
with the Union executive. the state executive.
The Union executive consists of the President, the The state executive consists of the governor, the chief
Vice- President, the Prime Minister, the council of minister, the council of ministers and the advocate
ministers and the attorney general of India. general of the state.
The President is the nominal executive head The governor is the chief executive head of the state. But,
whereas the PM is the real executive head. like the president, he is a nominal executive head (titular
or constitutional head). CM is the real executive head.
Executive power of the Union is vested in the The executive power of the state is vested in the governor,
President and is exercised by him either directly or and it is exercised by him either directly or through
through officer’s subordinate to him in accordance officer’s subordinate to him in accordance with this
with the Constitution (Article 53). Constitution (Article 154).
The president has to act in accordance with aid and The Governor has to act in accordance with aid and advice
advice of the council of ministers headed by the of the council of ministers headed by the CM, except his
prime minister (Article 74). discretionary functions (Article 163).
CAG 148
THE PRESIDENT OF INDIA
The President is the head of the Indian State.He is the first citizen of India and is a symbol of solidarity, unity, and
integrity of the nation.
IMPEACHMENT
• Reason for Impeachment: The President can be removed for ‘violation of the Constitution’.
• Impeachment Resolution: It can be initiated by either House of Parliament. These charges should be signed by
one- fourth members of the House (that framed the charges), and a 14 days’ notice should be given to the President.
• 2/3rd majority of the total membership in the first House (where the process has been initiated): After the
impeachment resolution is passed by a majority of two-thirds of the total membership of that House, it is sent to the
other House, which should investigate the charges.
• 2/3rd majority of the total membership in the second House: The President is removed from office as of the
date the impeachment resolution is passed if the other House also upholds the allegations and votes in favor of it by
a majority of two-thirds of its members.
ISSUES WITH IMPEACHMENT
• Term ‘violation of constitution’ is a very vague term & has not been defined anywhere in the constitution’.
• Elected members of legislative assemblies have no role to play in impeachment proceedings while they have a role
in election of the President.
• Nominated members of Parliament have the right to vote in case of impeachment, while no voting right in election
of President.
• Procedure & authority to investigate the charges against the President have not been specified nor any definite time
period has been specified.

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USA IMPEACHMENT INDIA IMPEACHMENT

Grounds Treason, Bribery, or other high crimes and misdemeanors. Violation of the Constitution

Voting Simple majority of the House of Representatives. 2/3rd of total membership of each
Special Majority in the senate is required. House.

Houses Involved House of Representatives and Senate Lok Sabha and Rajya Sabha

Initiation Any member of the House of Representatives can Impeachment charges can be
introduce a resolution of impeachment initiated by either House of
Parliament

Examples Three USA Presidents Andrew Johnson in 1868, , Bill Not in India
Clinton in 1998 & Donald Trump in 2019,previously were
impeached by the House but acquitted by the Senate.

CRITICISM OF THE OFFICE OF THE PRESIDENT

• The President is bound by the aid and advice of the Council of Ministers.
• Article 352, 356 and 360 of the constitution confers upon the President the power to declare emergency, and this
so-called power to declare or promulgate emergency is one of the widely abused or violated provisions.
• Misuse of the power to promulgate ordinance:
o One major issue of the ordinance is that the president generally doesn't exercise legislative discretion, the
president only promulgates them, it is the council ministers who in reality decide if the ordinance is essential.
This influence of the ministers may at times led to arbitrariness.
o The articles of the constitution don't specify any maximum limit of ordinances which can be passed by the
president in a period of time. This lack of specification may lead to the president to pass as many ordinances as
he wishes under the circumstances that the parliament is not in session and the necessity of an immediate action
is met.
o The major issue or problem of the ordinances are relating to the re-promulgation of the ordinances, the question
of whether they should be legal or unconstitutional is a debate which has been going on for quite some time.
Krishna Kumar Singh vs State of Bihar (2017) – In this case, the Apex court held that the re-promulgation of an
ordinance is a fraud on the Constitution and also ruled that the satisfaction of the President and Governor while
issuing an ordinance is subject to judicial review.
RC Cooper Case 1970: Supreme Court in RC Cooper vs. Union of India (1970) held that the President's decision to
promulgate ordinance could be challenged on the grounds that 'immediate action' was not required, and the
ordinance had been issued primarily to bypass debate and discussion in the legislature.
D C Wadhwa vs State of Bihar (1987): The court had held that successive Re-promulgation of the ordinances
having the same texts and without attempting to pass the bills will amount to a violation to the constitution of India.

THE VICE PRESIDENT OF INDIA

The Vice-President occupies the second highest office in the country. This office is modeled on the lines of the American
Vice-President.
CONSTITUTIONAL PROVISIONS
Article Subject
63 The Vice-President of India: There shall be a Vice-President of India.
64 The Vice-President to be ex officio Chairman of the Council of States: The Vice-President shall be ex officio
Chairman of the Council of the States and shall not hold any other office of profit.

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POWERS & FUNCTIONS OF VICE- PRESIDENT
Ex-officio Chairman of Rajya Sabha: He acts as the Right of the Chairman to interpret the Constitution
ex-officio Chairman of Rajya Sabha. His role as the and Rules:
chairman are: It is the right of the Chairman to interpret the Constitution and
• As Presiding Officer of the House: As the rules so far as matters in or relating to the House are
Presiding Officer, the Chairman of the Rajya concerned, and no one can enter into any argument or
Sabha is the unchallenged guardian of the controversy with the Chairman over such interpretation
prestige and dignity of the House. • Maintenance of Order in the House: Maintenance of
• He ensures that the proceedings of the House are order in the House is a fundamental duty of the Chairman
conducted in accordance with the relevant and he has been invested with all the necessary
constitutional provisions, rules, practices and disciplinary powers under the rules for the purpose.
conventions and that decorum is maintained in • References by the Chairman: It is customary for the
the House. As the Principal Spokesman of the Chairman to make appropriate references in the House on
House: The Chairman is also the principal solemn occasions like anniversary of Universal Declaration
spokesman of the House and represents its of Human Rights by U.N., Martyrs Day, Quit India Day,
collective voice to the outside world. anniversary of bombing of Hiroshima, Nagasaki, etc.
• Casting of Vote by the Chairman: Under the • Powers relating to Bills passed in Rajya Sabha: The
Constitution, the Chairman exercises only a Chairman is empowered under the rules to correct patent
casting vote in the case of equality of votes errors in a Bill after it has been passed by the House and to
• Powers and Duties of the Chairman, as laid make such other changes in the Bill consequential on the
down by the Constitution of India: He is amendments accepted by the House.
empowered to adjourn the House or to suspend • Powers relating to the Rajya Sabha Secretariat and
its sitting in the event of absence of quorum. Precincts of Rajya Sabha: The Rajya Sabha Secretariat
Role in the Deliberations of the House: functions under the control and direction of the Chairman.
• The Chairman does not take part in the Admission to various galleries including Press Gallery, is
deliberations of the House except in the regulated under the direction of the Chairman.
discharge of his duties as the Presiding Officer. • Duties conferred on the Chairman: Some statutes also
• However, on a point of order raised or on his confer duties on the Chairman. For instance, rules made
own, he may address the House at any time on a under the Salary, Allowances and Pension of Members of
matter under consideration with a view to Parliament Act, 1954, do not take effect until they are
assisting members in their deliberations approved and confirmed by the Chairman and the Speaker.
• Powers Conferred on the Chairman under Acting President:
the Rules of Procedure of the Rajya Sabha: • He acts as President when a vacancy occurs in the office of
Various powers are conferred on the Chairman the President due to his resignation, removal, death or
under the Rules of Procedure of the Rajya Sabha otherwise.
in connection with the proceedings of the House, • He can act as President only for a maximum period of six
Committees and such other matters as months within which a new President has to be elected.
questions, calling attention, motions, • During this period, the Vice-President has all the powers,
resolutions, amendments to Bills, authentication immunities and privileges of the President and receives
of Bills, petitions, papers to be laid on the Table, emoluments and allowances payable to the President.
personal explanations, etc.
ELECTIONS OF PRESIDENT & VICE-PRESIDENT
Comparison of election of president & vice president:
Election of President Election of Vice-President
Electoral college Consist Only elected members from Lok Electoral college Consist both elected and nominated
Sabha + Rajya Sabha + Legislative assemblies of State + members from Lok Sabha + Rajya Sabha only.
Legislative assemblies of UTs (Delhi and Puducherry only)
Elected members of the state legislative assemblies are Exclude the members of the state legislative assemblies.
included

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TERM, QUALIFICATION & REMOVAL OF THE PRESIDENT AND THE VICE PRESIDENT

President Vice – President

He should be citizen of India, completed He should be a citizen of India, completed 35

Qualification 35 years of age, qualified for election as a years of age, qualified for election as a member of
member of the Lok Sabha the Rajya Sabha.

Should not be a member of either House Should not be a member of either House of
of Parliament or a House of the state Parliament or a House of the state legislature
Conditions of office
legislature Should not hold any office of Should not hold any office of profit under the
profit under the government. government.
Term 5 years 5 years
Resignation To Vice President To President

He can be removed by a resolution introduced

By a process of impeachment for
Removal and passed by effective majority in Rajya Sabha
‘violation of the Constitution.
and simple majority in Lok Sabha.
Re-election Eligible for re-election Eligible for re-election
THE GOVERNOR OF STATE
• The head of the state is the governor and the executive power of the state is vested in him.
• He is appointed by the president of India who holds the office during the pleasure of the president.
• Appointment (Article 155): He is appointed by the president by warrant under his hand and seal. In a way, he is a
nominee of the Central government.
TERM OF GOVERNOR (ARTICLE 156)
• A governor holds office for a term of five years; However, this term of five years is subject to the pleasure of the
President.
• He can resign at any time by addressing a resignation letter to the President.
• According to the SC, the President's pleasure is not legitimate. There is no term limit and no tenure security for the
governor.
• The Constitution does not lay down any grounds upon which a governor may be removed by the President.
QUALIFICATION (ARTICLE 157)]
• Provided in Constitution: He should be a citizen of India and he should have completed the age of 35 years.
• Two Conventions developed regarding appointment of governor:
o He should be an outsider, that is, he should not belong to the state where he is appointed, so that he is neutral to
local politics.
o In order to ensure the efficient operation of the state's constitutional machinery, the president is obligated to
consult the chief minister of the affected state before choosing the governor.
• Other conditions (similar to President):
o He should not be a member of either house of the Parliament or house of the state legislature.
o He should not hold any office of profit under the government.

NOMINATED V/S ELECTED GOVERNOR

Arguments For Nominated Governor Arguments For Elected Governor

• The direct election of the Governor is incompatible with • Being an outsider, he may not be aware about the
the parliamentary system established in the states. culture, language and development urges of the
• The mode of direct election is more likely to create state.
conflicts between the Governor and the chief minister. • There is equal likelihood of friction in the case of
nominated governors.

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• The Governor being only a constitutional (nominal) head, • Nominated governors violate the true spirit of
there is no point in making elaborate arrangements for federalism.
his election and spending huge amounts of money. • Mass removals can be avoided.
• An elected Governor would naturally belong to a party • Appointed governors may try to destabilize state
and would not be a neutral person and an impartial head. governments under instructions from the center.
• The system of Presidential nomination enables the • Raj Bhavan tends to become a rehabilitation
Centre to maintain its control over the states. center & often used for political Accommodation.
• The CM would like his nominee to contest for
governorship. Hence, a second-rate man of the ruling
party is elected as Governor.
POWERS OF PRESIDENT & GOVERNOR
EXECUTIVE POWERS:
President Governor
All executive actions of the Government of India are All executive actions of the government of a state are
formally taken in his name. formally taken in his name
He appoints the prime minister and the other He appoints the chief minister and other ministers. They
ministers. They hold office during his pleasure. also hold office during his pleasure. He also appoints
Tribal Welfare ministers in the states of Chhattisgarh,
Jharkhand, Madhya Pradesh and Odisha.
He appoints the attorney general of India and He appoints the advocate general of a state and
determines his remuneration. The attorney general determines his remuneration. The advocate general holds
holds office during the pleasure of the President. office during the pleasure of the governor
He appoints the CAG, the chief election commissioner He appoints the state election commissioner and
and other election commissioners, the chairman and determines his conditions of service and tenure of office,
members of the UPSC, the governors of states, the He appoints chairman and members of the state public
chairman and members of finance commission etc. service commission.
He can appoint a commission to investigate into the He can recommend the imposition of constitutional
conditions of SCs, STs and other backward classes. emergency in a state to the president.
He can appoint an inter-state council to promote He acts as the chancellor of universities in the state. He
Centre– state and interstate cooperation. He directly also appoints the vice-chancellors of universities in the
administers the union territories through state.
administrators appointed by him
He has the authority to designate any place as a The Governor of the state has special responsibilities with
scheduled area and to oversee the administration of respect to tribal population in the scheduled area under
both scheduled and tribal territories. the fifth schedule.
LEGISLATIVE POWERS:
President Governor
He can summon or prorogue the Parliament and He can summon or prorogue the state legislature and
dissolve the Lok Sabha. He can also summon a joint dissolve the state legislative assembly.
sitting of both the Houses of Parliament.
He can address the Parliament at the commencement He can address the state legislature at the
of the first session after each general election and at commencement of the first session after each general
the first session of each year. election and the first session of each year.
He nominates 12 members of the Rajya Sabha from He nominates one-sixth of the members of the state
amongst persons having special knowledge or legislative council from amongst persons having special
practical experience in literature, science, art and knowledge or practical experience in literature, science,
social service. art, cooperative movement and social service.
He can nominate two members to the Lok Sabha from He may nominate one Anglo-Indian candidate for the
the Anglo-Indian Community (Please see note given state legislature assembly. (Please see note given below
below the table). the table)

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He decides on questions as to disqualifications of He decides on the question of disqualification of members

members of the Parliament, in consultation with the of the state legislature in consultation with the Election
Election Commission. Commission.
His prior recommendation or permission is needed to He can send messages to the house or houses of the state
introduce certain types of bills in the Parliament. legislature, with respect to a bill pending in the legislature
or otherwise (Similar power of the President wrt
parliamentary bill).
He can make regulations for the peace, progress and He can promulgate ordinances when the state legislature
good government of the Andaman and Nicobar is not in session. (The President also promulgates
Islands, Lakshadweep, Dadra and Nagar Haveli and ordinance when parliament is not in session).
Daman and Diu.
Veto powers with regards to state and central Veto Power with regard to state legislations.
legislations.
He lays the reports of the Comptroller and Auditor He lays the reports of the State Finance Commission, the
General, Union Public Service Commission, Finance State Public Service Commission and the Comptroller and
Commission, and others, before the Parliament Auditor-General relating to the accounts of the state,
before the state legislature.
NOTE: In January 2020, The Anglo-Indian Reserved Seats In The Parliament And State Legislatures Of India
Were Discontinued By The 126th Constitutional Amendment Bill Of 2019, When Enacted As The 104th
Constitutional Amendment Act, 2019.
FINANCIAL POWERS
President Governor
Money bills can be introduced in the Parliament only Money bills can be introduced in the state legislature
with his prior recommendation. only with his prior recommendation.
He is to lay before the Parliament the annual financial He sees that the Annual Financial Statement (state
statement (the Union Budget). budget) is laid before the state legislature.
No demand for a grant in Lok Sabha can be made without No demand for a grant in the Vidhan Sabha can be
his recommendation. made without his recommendation.
He can make advances out of the contingency fund of He can make advances out of the Contingency Fund of
India to meet any unforeseen expenditure. the state to meet any unforeseen expenditure.
He constitutes a finance commission after every five He constitutes a finance commission after every five
years to recommend the distribution of revenues years to review the financial position of the
between the Centre and the states. panchayats and the municipalities.
JUDICIAL POWERS
President Governor
He appoints the Chief Justice and the judges of Supreme He is consulted by the president while appointing the
Court and high courts judges of the concerned state high court.
He can grant pardon, reprieve, respite and remission of He can pardon, reprieve, respite, remit, suspend or
punishment, or suspend, remit or commute the sentence commute the punishment/sentence of any person
of any person convicted of any offense convicted of any offence against a state law.

OTHER POWERS OF PRESIDENT:

Diplomatic Powers Military Powers Emergency Powers
• The international treaties and • He is the supreme commander of • The Constitution gives
agreements are negotiated and the defense forces of India. In that extraordinary powers to
concluded on behalf of the President. capacity, he appoints the chiefs of the President to
However, they are subject to the the Army, the Navy and the Air promulgate the following
approval of the Parliament. Force. three types of
• He represents India in international emergencies:
forums and affairs and sends and

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receives diplomats like ambassadors, • He can declare war or conclude o National Emergency
high commissioners, and so on. peace, subject to the approval of (Article 352);
the Parliament. o President’s Rule (Article
356 & 365);
o Financial Emergency
(Article 360).
PRIVILEGES AND IMMUNITIES ENJOYED BY PRESIDENT & GOVERNOR (ARTICLE 361)
• Art. 361 (1): President, or the Governor of a State, shall not be answerable to any court for the exercise and
performance of the powers and duties of his office except the parliament authorized any tribunal, court or body for
the investigation of charge under Art. 61.
• Art. 361 (2): No criminal proceeding can be instituted or continued against President or Governor while in office
• Art. 361 (3): No proceedings for the arrest or imprisonment of the President or Governor shall be done by any court
while in office.
• Art. 361 (4): Civil proceedings against a Governor or President against things done by him in his personal capacity
can be done only with a previous 2 months’ notice.
COMPARISON OF VETO POWER OF PRESIDENT & GOVERNOR Diff - bill, ordinance, pardon, discretion
President Governor
• With Regard to Ordinary Bills of parliament he • With Regard to the Ordinary Bill, he may give his assent /
may give his assent / withhold his assent / withhold his assent / return the bill for reconsideration of
return the bill for reconsideration of the the Houses/ reserve the bill for the consideration of the
Houses. President.
• When a state bill is reserved by the governor • When the governor reserves a bill for the consideration of
for the consideration of the President, he can the President, he will not have any further role in the
give his assent/ withhold his assent/ return enactment of the bill.
the bill for reconsideration of the Houses. • If the bill is returned by the President for the
• In case of returning for reconsideration, if the reconsideration of the House or Houses and is passed again,
bill is passed by the state and presented to the the bill must be presented again for the presidential assent
president for his assent, the president is not only i.e., assent of the Governor is no longer required.
bound to give his assent to the bill.
• With Regard to Money Bills, he may give his • With Regard to Money Bills, he may give his assent to the
assent to the bill / withhold his assent to the bill / withhold his assent/ reserve the bill for the
bill but cannot return a money bill for the consideration of the president but cannot return a money
reconsideration of the Parliament. bill for the reconsideration of the Parliament.
• When a Money Bill is reserved by the Governor • When the governor reserves a money bill for the
for the consideration of the President, he may consideration of the President, he will not have any further
give his assent/ may give his assent but cannot role in the enactment of the bill. If the President gives his
return a money bill for the reconsideration of assent to the bill, it becomes an Act.
the state legislature
• With Regard to Constitutional Amendment • Constitutional amendment bills cannot be introduced in the
Bills He Can only ratify. He can’t reject or state legislature.
return the bill.
ORDINANCE MAKING POWER OF THE PRESIDENT & GOVERNOR
• The ordinance-making power is the most important legislative power of the President.
• Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament.
• The ordinance making power of the Governor given under Art. 213 is similar to that of the President given under
Art.123).
• Why is ordinance power conferred?
o The power to issue ordinance to president and governor has been conferred to deal with unforeseen or urgent
matters.

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o It enables the Executive to deal with a situation that may suddenly and immediately arise when the Parliament
is not in session.
Characteristics of Ordinance:
• Ordinance cannot abridge or take away any of the fundamental rights.
• An ordinance like any other legislation, can be retrospective, that is, it may come into force from a back date.
• These ordinances have the same force and effect as an act of Parliament/state, but are in the nature of temporary
laws.
• The maximum life of an ordinance can be six months and six weeks, in case of non-approval by the Parliament/state
legislature because 6 months is the maximum gap between the two sessions of Parliament/state legislature.
• Ordinance can alter or amend a tax law also. However, it cannot be issued to amend the Constitution.
President Governor
• He can promulgate an ordinance only when both • He can promulgate an ordinance only when the
the Houses of Parliament are not in session or legislative assembly (in case of a unicameral legislature)
either of the two Houses of Parliament is not in is not in session or (in case of a bi-cameral legislature)
session. when both the Houses/either of the two Houses of the
state legislature is not in session.

• He can make an ordinance only when he is • He can make an ordinance only when he is satisfied that
satisfied that the circumstances exist that render the circumstances exist that render it necessary for him
it necessary for him to take immediate action. to take immediate action.

• His ordinance-making power is co-extensive with • His ordinance-making power is co-extensive with the
the legislative power of the Parliament. This legislative power of the state legislature. This means that
means that he can issue ordinances only on those he can issue ordinances only on those subjects on which
subjects on which the Parliament can make laws. the state legislature can make laws.

• An ordinance issued by him has the same force • An ordinance issued by him has the same force and
and effect as an act of the Parliament. effect as an act of the Parliament.
• He can withdraw an ordinance at any time. • He can withdraw an ordinance at any time.
• Power of ordinance-making is not a discretionary • Power of ordinance-making is not a discretionary
power, and he can promulgate or withdraw an power, and he can promulgate or withdraw an
ordinance only on the advice of the council of ordinance only on the advice of the council of ministers
ministers headed by PM. headed by CM.
• An ordinance issued by him should be laid before • An ordinance issued by him should be laid before the
both the Houses of Parliament when it • legislative assembly or both the Houses of the state
reassembles. legislature (in case of a bicameral legislature) when it
reassembles.
• An ordinance issued by him ceases to operate on • An ordinance issued by him ceases to operate on the
the expiry of six weeks from the reassembly of expiry of six weeks from the reassembly of the state
Parliament. legislature.
• It may cease to operate even earlier than the • It may cease to operate even earlier than the prescribed
prescribed six weeks, if both the Houses of six weeks, if a resolution disapproving it is passed by the
Parliament pass resolutions disapproving it. • legislative assembly and is agreed to by the legislative
council (in case of a bicameral legislature)
• He needs no instruction for making an ordinance. • He cannot make an ordinance without the instructions
from the President in three cases:

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1) If a bill containing the same provisions would have

required, the previous sanction of the President for its
introduction into the state legislature.
2) If he would have deemed it necessary to reserve a bill
containing the same provisions for the consideration of
the President.
3) If an act of the state legislature containing the same
provisions would have been invalid without receiving
the President’s assent.
• An ordinance issued by him is subject to the same • An ordinance issued by him is subject to the same
limitations as an act of Parliament. This means limitations as an act of the state legislature. This means
that an ordinance issued by him will be invalid to that an ordinance issued by him will be invalid to the
the extent it makes any provision which the extent it makes any provision which the state legislature
Parliament cannot make. cannot make.
Re-promulgation Of Ordinances: A Violation To The Spirit Of Constitution?
• The decision of the central government to re-promulgate Commission for Air Quality Management in the National
Capital Region and Adjoining Areas Ordinance, 2020 has led to several questions being raised regarding the practice
of the issuing ordinances as well as the constitutionality of the ordinances being re-promulgated.
• Cases relating to Re-promulgation of ordinances are:
o D C Wadhwa vs State of Bihar (1987) : The court had held that successive Re-promulgation of the ordinances
having the same texts and without attempting to pass the bills will amount to a violation to the constitution of
India
o Krishna Kumar Singh & Anr vs State Of Bihar (2017): This is the landmark judgment in which it was held that
the Re- promulgation of ordinances are a fraud to the constitution. In this case the 7 bench jury held that the
power conferred to the executive doesn't make it a parallel law making authority.
• The Supreme Court in 1986 had ruled that the Re-promulgation of ordinances contrary to the basic fundamentals
of the constitution and a subversion of democratic legislative processes, the mechanism could be very likely used as
an exercise of power by the government to ignore the legislature.
• Issues:
o Usurpation of the legislative power.
o The doctrine of separation of powers is undermined.
o It violates the fundamental structure of the constitution.
Why is the ordinance route considered undemocratic?
• SC in 2017 ruled that re-promulgation of ordinances is a fraud on the constitution and a subversion of democratic
legislative process.
• Primary law-making power rests with the legislature and not the executive. Ordinance is an undemocratic route to
law-making, which is the job of the legislature.
• The executive is only given the legislative power to issue an ordinance to meet an emergent situation, thus it shall
not be invoked frequently.
• Re-promulgation represents an effort to overreach the legislative process which is the primary source of law-
making in a parliamentary democracy.
• Ordinance is a backdoor to escape the parliamentary scrutiny, debates, discussions etc.
Way forward:
• As governments, both at the center and state, are violating this principle, the legislature and the courts should check
the practice. That is what separation of powers and the concept of checks and balances means. By not checking this
practice, the other two organs are also abducting their responsibility to the constitution.
PARDONING POWER OF THE PRESIDENT & GOVERNOR
• Articles 72 and 161 of the Constitution empower the President of India and the governors of states to grant
pardon or suspend, remit or commute sentences in certain cases.
• The pardoning power of the President/Governor is independent of the Judiciary; it is an executive power conferred
to keep the door open for correcting any judicial errors in the operation of law and to afford relief from a sentence,
which the President/Governor regards as unduly harsh.

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• In the Maru Ram vs Union of India in 1980, and Dhananjoy Chatterjee vs State of West Bengal in 1994, the SC has
ruled that the President has to act on the advice of the Council of Ministers while deciding mercy pleas.
• Epuru Sudhakar & Another vs Andhra Pradesh (2006)
o Powers of the President or Governor under Articles 72 and 161 are subject to judicial review.
o Their decision can be challenged on the ground that:
▪ It was passed without application of mind
▪ It is mala fide
▪ It was passed on extraneous or wholly irrelevant considerations
▪ Relevant materials were kept out of consideration
▪ It suffers from arbitrariness.
Pardoning power of the President
Pardon Whenever a convict is Granted pardon by the President of India under Article 72, he is completely
Absolved from the punishment imposed on him as also from all penal Consequences
Commutation The President may change a Punishment to one of a different sort than that originally awarded by
the Court.
Remission It means the reduction of the sentence without changing the nature or the character of the
punishment awarded by the court.
Respite This order results in temporary suspension of a sentence in special circumstances such as the
pregnancy of a woman sentenced with death penalty or insanity of a convict. In other words it is a
postponement of execution of the sentence to the future.
Reprieve It simply stays the execution for a temporary period, or postpone a capital sentence or take back
or withdraw A sentence for a time.
Difference between pardoning powers of president & governor:
President Governor
He can pardon, reprieve, respite, remit, suspend or commute the He can pardon, reprieve, respite, remit, suspend
punishment/sentence of any person convicted of any offense or commute the punishment/sentence of any
against a Central law. person convicted of any offence against a state
law.
He can pardon, reprieve, respite, remit, suspend or commute a Governor can suspend, remit or commute but he
death sentence. cannot pardon a death sentence.
He has pardoning power in respect to punishment or sentence by He doesn’t possess any such power.
a court-martial.
DISCRETIONARY POWERS OF THE PRESIDENT & GOVERNOR
• The Governor has both situational and constitutional discretion but the president has only situational discretion.
• After the 42nd Constitutional Amendment (1976), ministerial advice has been made binding on the President, but
no such provision has been made with respect to the governor. Situational
President Governor
Appointment of Prime Minister when no party has a Appointment of a chief minister in situations where no
clear majority in the Lok Sabha or when the Prime party has a clear majority in the state legislative assembly
Minister in office dies suddenly and there is no or when an incumbent chief minister passes away
obvious successor. unexpectedly and no obvious candidate can take his place.
Dismissal of the council of ministers when it cannot Dismissal of the council of ministers when it cannot prove
prove the confidence of the Lok Sabha. the confidence of the state legislative assembly.

Dissolution of the Lok Sabha if the council of Dissolution of the state legislative assembly if the council
ministers has lost its majority. of ministers has lost its majority.
Discretionary powers of Governor:
• Governor has constitutional discretion in the following cases:
o Reservation of a bill for the consideration of the President.
o Recommendation for the imposition of the President’s Rule in the state.

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o While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
o Determines the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an
autonomous Tribal District Council.
o Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

ISSUES RELATED TO GOVERNOR

• Arbitrary removal: The arbitrary removal of the Governor before the expiration of his tenure has also been an
important issue in the recent past.
• Rehabilitative appointments: The position has been reduced to becoming a retirement package for politicians for
being politically faithful to the government of the day.
• Abuse of position: There are various examples of the Governor’s position being abused, usually by the ruling party
at the Centre.
• Misuse of discretionary powers: Governor’s discretionary powers to invite the leader of the largest party/alliance
to form the government has often been misused.
• Partisanship Role: Recently, the Governor of Rajasthan has been charged with the violation of the model code of
conduct. His support of the ruling party is against the spirit of non-partisanship that is expected from the person
sitting on constitutional posts.
• Misuse of power under Art. 356: The imposition of President’s rule (Art.356) in case of breakdown of
constitutional machinery in a State has been frequently misused by the central government.
• Mere rubber stamp or puppet: Governor is bound by the aid and advice of his council of ministers.

Recent examples:
• The Governor refused to read some parts of the Governor’s address which was prepared by the State govt in
Tamil Nadu.
• In Maharashtra, The Governor removed the Governor’s rule and administered oath to a CM who did not have
majority support in the house.
• The WB Assembly passed a Bill for replacing the Governor from the position and making the Chief Minister the
Chancellor of State Universities.
• Dispute with state government over the approval of various Bills in Kerala, similar issue is in Telangana as
well.

RECOMMENDATIONS OF SARKARIA COMMISSION

• Related to Article 356:
o Art. 356 should be used in very rare cases when it becomes unavoidable to restore the breakdown of
constitutional machinery in the State. It should be used as a matter of last resort.
o Before taking action under Art. 356, a warning should be issued to the state government that it is not functioning
according to the constitution.
• Related to Governor:
o Governors should be appointed in consultation with the Chief Minister of the State, Vice-President of India and
the Speaker of the Lok Sabha.
o His tenure of office must be guaranteed and should not be disturbed except for extremely compelling reasons.
o Criteria for selection of Governor:
(i) He should be eminent in some walk of life.
(ii) He should be a person from outside the State.
(iii) He should be a detached figure and not too intimately connected with the local politics of the State.
(iv) He should be a person who has not taken too great a part in politics generally and particularly in the recent
past.
• Related to appointment of CM:
o If there is a single party having an absolute majority in the Assembly, the leader of the party should automatically
be asked to become the Chief Minister.
o In the absence of such a party, the Governor shall choose a CM by holding hearings with each of the following
parties or groups of parties in the order of preference listed below:
▪ An alliance of parties that was formed prior to the Elections.

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▪ The Largest Single Party staking a claim to form the government with the support of others, including
independents.
▪ A post-electoral coalition with all partners joining the government.
▪ A post-electoral alliance with some parties joining the government and the remaining supporting from
outside
• Others:
o When the President withholds his assent to the state bills, the reasons should be communicated to the state
government.
o The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in
the Constitution itself.
o The Governor cannot dismiss the council of ministers so long as it commands a majority in the assembly

KEYWORDS: Council of Ministers, absolute majority, Constitutional right, discretionary powers, Rehabilitative
appointments, Abuse of position, Pardon, respite, Promulgation of ordinance.

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25 PRIME MINISTER & CHIEF MINISTER

The President/Governor is the nominal executive authority (de jure executive) and Prime Minister/chief minister is
the real executive authority (de facto executive). In other words, the president/governor is the head of the State while
the Prime Minister/Chief minister is the head of the government.
CONSTITUTIONAL PROVISIONS
Article Prime Minister: Subject matter Article Chief Minister: Subject matter
74 Council of Ministers to aid and advise President 163 Council of Ministers to aid and advise Governor

75 Other provisions as to Minister 164 Other provisions as to Ministers

77 Conduct of business of the Government of India 166 Conduct of business of the Government of a
State
78 Duties of Prime Minister as respects the 167 Duties of the Chief Minister as respects the
furnishing of information to the President, etc furnishing of information to the Governor, etc.

Important Judgements:
• Delhi HC (1980): The requirement that a candidate for prime minister demonstrate his or her majority in the
Lok Sabha is not mandated by the Constitution. The President may first name him as prime minister before
requesting that he demonstrate his majority in the Lok Sabha within a reasonable amount of time. (Same applies
for the CM in the states).
• The Supreme Court (1997): A person who is not a member of either House of Parliament may be chosen prime
minister for a period of six months, during which time he must join either House of Parliament in order to retain
his position. (Also true of CM).

POWERS & FUNCTIONS OF PM & CM

Power & Functions of PM w.r.t. Parliament Power & Functions of CM w.r.t. State Legislature
The PM is the leader of the Lower House (Lok Sabha) The CM is the leader of the state legislative assembly
He advises the President with regard to summoning He advises the governor with regard to summoning and
and proroguing of the sessions of the Parliament. proroguing of the sessions of the state legislature.
He can recommend dissolution of the Lok Sabha to He can recommend dissolution of the legislative
the President at any time. assembly to the governor at any time.
He announces government policies on the floor of the He announces government policies on the floor of the
House. House

Power & Functions of PM w.r.t President Power & Functions of CM w.r.t. Governor
• PM is the principal channel of communication (Art. • CM is the principal channel of communication (Art.
78) between the President and the CoM 167) between the governor and CoM.
It is the duty of the PM: It is the duty of the CM:
• To communicate to the President all decisions (Art. • To communicate to the governor all decisions (Art.
78) of the CoM. 167) of the CoM,
• To furnish information relating to the • To furnish such information relating to the
administration and proposal for legislation as the administration as the governor may call for and
President may call for. • If the governor so requires, to submit for the
• If the President so requires, to submit for the consideration of the CoMpany matter on which a
consideration of the CoM matter on which a

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decision has been taken by a minister but which has decision has been taken by a minister but which has
not been considered by the council. not been considered by the council.
• Regarding the appointment of significant • Regarding the appointment of significant authorities
authorities like the Chairperson and members of like the Advocate General, the chairman and members
the UPSC, Attorney General of India, Comptroller of the state public service commission, the state
and Auditor General of India, and so on, the PM election commissioner, and others, CM provides advice
recommends the President. to the governor.

In relation to council of ministers:

o PM/CM recommends persons who can be appointed as ministers by the President/Governor.
o The President/Governor can appoint only those persons as ministers who are recommended by the PM/CM
o He allocates and reshuffles various portfolios among the ministers.
o He can ask a minister to resign or advise the President/Governor to dismiss him in case of difference of
opinion.
o He presides over the meeting of CoM and influences its decisions.
o He guides, directs, controls and coordinates the activities of all the ministers.
o His death or resignation from office can bring the collapse of the CoM.

Other power & functions of PM: Other power & functions of CM:
o Power & Functions of PM w.r.t. the Cabinet: • Power & Functions of CM w.r.t.
o The PM constitutes the cabinet and allocates portfolios. Cabinet
o He summons cabinet meetings and also decides the agenda of the o CM constitutes the cabinet and
meeting. allocates portfolios.
o It is the PM’s privilege to consult any person on any matter he o He summons cabinet meetings
deems fit and it is his discretion to act occasionally without any and also decides the agenda of the
consultation. meeting.
• Power & Functions of PM w.r.t. the Planning: • Other Powers and Functions of CM
o He is the crisis manager-in-chief at the political level during o He is a member of the Inter-State
emergencies. Council and the Governing Council
o He is Chairperson of National Disaster Management Authority. of NITI Aayog (both headed by the
• Power & Functions of PM w.r.t. the Cabinet committees: PM).
o The PM sets up Cabinet Committees and are headed by him when o CM is chairman of the State
he is a member. Planning Board.
o Cabinet Committee on Political Affairs (Known as “Super-Cabinet”) o CM is vice-chairman of the
– PM concerned zonal council by
o Cabinet Committee on Economic Affairs – PM rotation, holding office for a
o Cabinet Committee on Appointments – PM period of one year at a time.
• Power & Functions of PM w.r.t. the External affairs: o He is the crisis manager-in-chief at
o This domain has been personally directed by the PM. the political level during
o If the PM is respected by international communities, it can help emergencies.
him acquire greater respect domestically as well. o CM is Chairperson of State
o He plays a significant role in shaping the foreign policy of the Disaster Management Authority
country. (SDMA)

KEYWORDS: Oaths of office, Conduct of business, real executive authority (de facto executive), loss of confidence,
coalition, state Disaster Management Authority (SDMA),

Increasing role -
- all cabinet decisions , allocates portfolios
- crisis manager in chief at political level emergencies
- external affairs personally directed by him
- chairman of ndma, Chairman of interstate council.
- constitutes Cabinet committees

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26 COUNCIL OF MINISTER

• The principles of the parliamentary system of government are not provided in detail in the Constitution.
• However, Articles i.e74 and 75 deal with the Central council of ministers and 163 and 164 deal with the State Council
of Ministers in a broad, sketchy and general manner.
CONSTITUTIONAL PROVISIONS
CENTRAL COUNCIL OF MINISTERS (COM) STATE COUNCIL OF MINISTERS (COM)
• Art. 74: There shall be a CoM with the PM at the • Art. 163: There shall be a CoM with the CM as the head to
head to aid and advise the President in the aid and advise the Governor in the exercise of his
exercise of his functions. The 42nd and 44th functions, except governor’s discretionary power.
Constitutional Amendment Acts have made the • SC Judgement (1971): a council of ministers must always
advice binding on the President. exist to advise the governor, even after the dissolution of
• SC Judgement (1971): Even after the dissolution the state legislative assembly or resignation of a council of
of the Lok Sabha, the council of ministers does not ministers. Hence, the existing ministry may continue in
cease to hold office. the office until its successor assumes charge.
• SC Judgement (1974): Wherever the • SC Judgement (1974): Wherever the Constitution
Constitution requires the satisfaction of the requires the satisfaction of the governor, the satisfaction
President, the satisfaction is not the personal is not the personal satisfaction of the governor but it is the
satisfaction of the President but it is the satisfaction of the council of ministers.
satisfaction of the council of ministers. • Art. 164: The Governor shall appoint the CM and other
• Art. 75: The Governor shall appoint the CM and ministers on the advice of the CM.
other ministers on the advice of the CM. • 91st Amendment Act of 2003: The total strength of CoM,
• 91st Amendment Act of 2003 - The total including CM, shall not exceed 15 % of the total strength
strength of CoM, including PM, shall not exceed 15 of the legislative assembly and shall not be less than 12.
% of the total strength of the Lok Sabha. • 91st Amendment Act of 2003: A member of either
• 91stAmendment Act of 2003 - A member of House of state legislature disqualified on the ground of
LS/RS disqualified on the ground of defection defection shall also be disqualified to be appointed as a
shall also be disqualified to be appointed as a minister.
minister. • Term: The ministers shall hold office during the pleasure
• Term - The ministers shall hold office during of the Governor.
pleasure of the President. • Collective Responsibility: The council of ministers shall
• Collective Responsibility - The council of be collectively responsible to the state Legislative
ministers shall be collectively responsible to the Assembly.
Lok Sabha. • Oath: The Governor shall administer the oaths of office
• Oath - The President shall administer the oaths of and secrecy to a minister.
office and secrecy to a minister. • Disqualification: A minister who is not a member of the
• Disqualification - A minister who is not a state legislature for any period of six consecutive months
member of the Parliament (either house) for any shall cease to be a minister.
period of six consecutive months shall cease to be • The salaries and allowances of ministers shall be
a minister. determined by the state legislature.
• The salaries and allowances of ministers shall be • Art 177: Every minister has the right to speak and take
determined by the Parliament. part in the proceedings of the Assembly/council and any
• Art 88: Every minister has the right to speak and Committee of the State Legislature of which he is a
take part in the proceedings of either House, any member. But he can vote only in the House of which he is
joint sitting of the Houses and any Committee of a member.
Parliament of which he is a member. But he can
vote only in the House of which he is a member

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RESPONSIBILITY OF MINISTERS

INDIVIDUAL COLLECTIVE

Article 75 & Article 164 also contain the principle of • The principle of collective responsibility is the
individual responsibility. It states that the ministers fundamental principle underlying the working of the
hold office during the pleasure of the president. parliamentary system of government.
However, the President/Governor removes a • They work as a team and swim or sink together. When
minister only on the advice of the PM/CM. the legislative assembly passes a no-confidence motion
In case of a difference of opinion or dissatisfaction against the council of ministers, all the ministers have to
with the performance of a minister, the PM/CM can resign including those ministers who are from the
ask him to resign or advise the President to dismiss legislative council.
him. • Article 75 clearly states that the council of ministers is
collectively responsible to the Lok Sabha. Whereas Article
164 clearly states that the council of ministers is
collectively responsible to the legislative assembly of the
state.
• Alternatively, the council of ministers can advise the
President/governor to dissolve the Lok Sabha/legislative
assembly on the ground that the House does not represent
the views of the electorate faithfully and call for fresh
elections
• The principle of collective responsibility also means that
the cabinet decisions bind all cabinet ministers (and other
ministers) even if they deferred in the cabinet meeting. If
any minister disagrees with a cabinet decision and is not
prepared to defend it, he must resign. For example, Dr BR
Ambedkar resigned because of his differences with his
colleagues on the Hindu Code Bill in 1953.

KEYWORDS: Swim or sink together, collective responsibility, parliamentary system, Hindu Code Bill in 1953,
Ninety-First Amendment Act, 2003.

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27 CABINET SYSTEM IN INDIA

• A smaller body called cabinet is the nucleus of the council of ministers. It consists of only the cabinet ministers. It is
the real center of authority in the center/state government.
ROLE OF CABINET
• It is the highest decision-making authority in our politico-administrative system.
• It is the chief policy formulating body of the Central/state government.
• It is the supreme executive authority of the Central/state government.
• It is the chief coordinator of Central/state administration.
• It is an advisory body to the president/Governor and its advice is binding on him.
• It is the chief crisis manager and thus deals with all emergency situations.
• It deals with all major legislative and financial matters.
• It exercises control over higher appointments like constitutional authorities and senior secretariat administrators.
• It deals with all foreign policies and foreign affairs (central Cabinet).

Kitchen Cabinet: It is an informal body consisting of the Prime Minister and two to four influential colleagues in
whom he has faith and with whom he can discuss every problem. It advises the prime minister on important
political and administrative issues and assists him in making crucial decisions.
It is composed of not only cabinet ministers but also outsiders like friends and family members of the prime minister.

MERITS OF KITCHEN CABINET DEMERITS OF KITCHEN CABINET

Due to the small unit, a much more efficient decision- Reduces the authority and status of the cabinet as the
making body than a large cabinet. highest decision-making body.

Members can meet more often and deal with business Circumvents the legal process by allowing outside
much more expeditiously. persons to play an influential role.

Helps in maintaining secrecy in making decisions on Could induce a sense of mistrust among other members
important political issues. of the cabinet.

CABINET COMMITTEES
• The cabinet works through various committees called cabinet committees. They are set up by the PM/CM according
to the exigencies of the time and requirements of the situation. Hence, their number, nomenclature and composition
vary from time to time.
• They not only sort out issues and formulate proposals for the consideration of the cabinet but also take decisions.
However, the cabinet can review their decisions.
Features of Cabinet Committees:
• They are extra-constitutional i.e., not mentioned in the Constitution. The Rules of Business provide for their
establishment.
• They are of two types—standing and ad hoc. The former is of a permanent nature while the latter are of a temporary
nature.
Advantages Disadvantages

• They are an organizational device to reduce the enormous • They do not cover all important areas of
workload of the Cabinet. governmental functioning.
• They also facilitate in-depth examination of policy issues • They can take up a matter only when it is
and effective coordination. referred to by the Minister concerned or by the
• Committees facilitate efficient utilization of time and Cabinet.
human resources.

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• Saves the valuable time of the cabinet. More effective • They do not meet regularly, which is absolutely
deliberation due to smaller size. necessary, if sustained attention is to be given to
• It checks arbitrary actions by ministers. They help in complex problems and the progress in
safeguarding the principle of collective responsibility. implementation of important policies and
• It helps in facilitation of utilization of ministerial expertise. programmes is to be kept under constant review.

Previous Year Questions

1. Discuss the role of the Vice –Presidents of India as the chairman of the Rajya Sabha. 2022

2. Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the 2022
legality of re- promulgation of ordinances by the Governor without placing them before the
Legislature
3. Instances of the President's delay in commuting death sentences has come under public debate as 2014
denial of justice. Should there be a time limit specified for the President to accept/reject such
petitions? Analyze
4. The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister 2014
can manage as a team. How far the efficacy of a government then is inversely related to the size of the
cabinet? Discuss

KEYWORDS: Kitchen Cabinet, supreme executive authority, chief coordinator, governmental functioning, effective
deliberation, politico-administrative system.

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28 MINISTRIES OF GOVERNMENT

The Constitution provides for a parliamentary form of government modeled on the British model. The council of
ministers, headed by the prime minister, is the real executive authority in our politico-administrative system.
CONSTITUTIONAL PROVISIONS
Article 74 Council of Ministers to aid and advise the President. This advice shall not be inquired in any court
of law.
Article 75 The Council of Ministers shall be collectively responsible to the Lok Sabha.
Total number of ministers: Maximum 15% of the total strength of LS. (91st Amendment Act of 2003)
Individual responsibility of the minister to the president.
Article 77 The President shall make rules for convenient transactions of the business of the GoI.
HIERARCHY OF MINISTERS IN INDIA
• The Council of Ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and
deputy ministers. The difference between them lies in their respective ranks, emoluments, and political importance.

Cabinet Minister Other Ministers

• They are members of the cabinet, attend its meetings and play an • These are ministers other than cabinet
important role in deciding policies. Thus, their responsibilities ministries.
extend over the entire gamut of the Central government. • These ministries are headed by the
• They used to have responsibility for important portfolios like the Minister of State.
Home ministry etc.

PARLIAMENTARY SECRETARIES
• He is a parliamentarian who helps a senior minister with duties. They usually have the rank of Minister of State,
enjoy the same privileges, and are tasked with working for a government agency.

Reasons for Appointment Criticism

• Article 75 and 164: According to Articles 75 and • Against Separation of Powers: If a legislator becomes
164, parliamentary secretaries are not ministers executive then he/she cannot function independently.
because they are not appointed either by the • Misuse of Article 102: This allows parliament to
President or Governor nor given the oath of office exclude offices from the provision of office of profit. The
and secrecy. exclusion of Parliamentary secretaries results in a drain
• Increased workload: They assist ministers to of public money due to oversized cabinet, and political
discharge function successfully despite the opportunism due to arbitrary use of amendments
increased workload, something that many states • Violation of Constitutional spirit: By excluding it from
and the Parliament have done, and the SC the definition of ministers, the office of the
supported this in the UC Raman case. Parliamentary Secretary is misused to circumvent the
• Constitutional power: The legislature has the 15% ceiling strength of the council of ministers. (10% in
authority to enact legislation exempting any the case of Delhi).
officeholder. • Political motive: They are misused to fulfill the political
• No independent charge: They are simply tied to aspirations of MPs who couldn't get a Ministerial
ministers in order to carry out their duties; they are position.
not given any further authority.

CONCLUSION
• The debate of parliamentary secretaries is centered on the office of profit concern. Rather than each state following
a different provision, it is high time that the Supreme Court makes one judgment, and the same shall be applicable
to all states and the central government.

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29 PARLIAMENTARY COMMITTEES

INTRODUCTION
It means a committee that is elected by the house or nominated by Speaker/chairman, works under and submits
reports to the speaker/chairman, and has a secretariat provided by the Lok Sabha/ Rajya Sabha.
ROLE OF PARLIAMENTARY COMMITTEES
• Specialized jobs: Standing committee performs specialized jobs and ad-hoc committees are constituted to perform
specific tasks and cease to exist upon their completion.
• Financial prudence: Review of budgetary allocations enable it to ensure economy and efficiency in public
expenditure.
• Engaging stakeholders: During the review of subjects these committees seek feedback from NGOs, experts,
citizens, etc. eg. Finance Committee Summoned the RBI governor on the demonetization subject.
• In-depth scrutiny: Working beyond parliamentary sessions enables in-depth scrutiny of bills which MPs can't do
due to increased workload.
• Resolving issues in Bills: Multi-layered pre-legislative scrutiny results in Significant issues in the Bill getting
addressed. E.g. Redressal of Significant Issues in the Prevention of Corruption Amendment Bill after examination by
two parliamentary committees.
• Forum for consensus-building: Anti-defection law does not apply to these committees. This enables impartial
functioning beyond party lines to build consensus on important issues.
ISSUES FACED BY COMMITTEES
• Dip in the number of Bills referred: RTI Amendment Act (2019), and UAPA Amendment Act (2019) were passed
without referring them to the Parliamentary committee. 71% in 15th LS but 25% in 16th LS
• Absenteeism of Members: The attendance of about 50% since 2014-15 in committee meetings is a cause for
concern.
• Lack of expertise: Committee members lack the technical expertise required for detailed analysis of topics such as
accounting and administrative principles.
• The politicization of meetings: Members have started taking strict party lines in meetings on Issues that are
getting public attention.
• Short tenure: One year tenure of these committees is very little time for specializations as well as finishing a
detailed review of complex topics. Ex. the IT panel could not complete deliberations on “Safeguarding citizens”
rights and prevention of misuse of social/online news media platforms including special emphasis on women's
security in the digital space.
• Non-binding recommendations: Only certain debates make reference to some reports and most of these reports
are not taken for discussion in the parliament session.
WAY FORWARD
The NCRWC has recommended the following steps to improve the effectiveness of parliamentary committees:
• Increase in tenure: Recently Rajya Sabha Secretariat is considering a 2 years tenure for DRSC so that the panels
get enough time to work on the subjects selected by them.
• Adopt Best Practices: Practices like a concerned minister appearing before the committee to elaborate and defend
the policies of the government, Objective criteria for referring bills to a committee, etc shall be adopted.
• Institutional Research Support: This will allow committees to examine technical and complex policy issues
holistically.
• Periodic review: Objective criteria for a regular assessment of the committee’s performance and making a required
course correction.
CONCLUSION
Considering the steadily declining sittings of Parliament from 100-150 (1950s) to 60-70 in 2021-22, strengthening the
committee system can go a long way in improving the quality of laws drafted and minimizing potential implementation
challenges.

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30 REPRESENTATION OF PEOPLES’ ACT

INTRODUCTION
• The Representation of Peoples’ Act, 1950 was enacted by the provisional Parliament of India before the first
General elections in the country under Article 327 of the Constitution. It provides for the allocation of seats and the
delimitation of constituencies for the purpose of Lok Sabha and State Legislature elections, the qualifications of
voters, electoral rolls, and filling up seats in Rajya Sabha by the representatives of Union Territories.
• The Representation of Peoples’ Act, 1951 provides for the actual conduct of elections of the Houses of the
Parliament and to the House or Houses of the Legislature of each State.
KEY FEATURES OF THE ACT
• It regulates how elections and by-elections are held.
• It provides the administrative infrastructure for holding elections.
• It deals with political party registration.
• It defines the requirements and disqualifications for House membership.
• It consists of laws to combat corruption and other offenses.
• It outlines the procedure for resolving problems and controversies resulting from elections.

Significance Challenges

• Implementation of democracy: The Act provides • Ruling party advantage: The RPAs do not contain
for the implementation of the provisions of the clear provisions and guidelines on reducing the
Constitution and ensures that democracy advantage to the ruling party in terms of misuse of
materializes in the country and fills voids such as official machinery and electoral funding. E.g. BJP has
the term of Rajya Sabha members etc. received around 95% of its funding through electoral
• Ensuring equality: The provisions of one electoral bonds.
roll for Lok Sabha and assembly elections, • Stopping criminal elements: Even after provisions in
prohibiting registration in more than one RPAs around 43% of MPs in the present Lok Sabha have
constituency ensures equality of citizens. criminal cases pending against them.
• Decriminalization: The provisions regarding • Social media: Social media has blurred the silence
disqualification from membership of Parliament period of election campaigning and also enables micro-
and State legislature ensure decriminalization of level targeting of voters.
politics. • Power to de-register parties: ECI does not have the
• Transparency: The provisions regarding the power to de-register political parties that do not
declaration of assets and liabilities, right to contest elections and are merely for receiving funds.
information of electors etc. ensure transparency • Bureaucratisation of politics: ECI does not have its
regarding the candidates in the elections. own official machinery and has to depend on the
• Free and fair elections: The provisions regarding government, which is not conducive to free and fair
corrupt practices and electoral officers provide for elections.
the decriminalization of politics.

PROVISIONS REGARDING DISQUALIFICATIONS IN RPA, 1951

Section 8 addresses the disqualification of representatives for Other offenses:

specific offenses. Among the different sub-clauses are: If a person is convicted of any crime and
8 (1): A person convicted of an offense punishable under certain sentenced to two or more years in jail, he or
acts of the Indian Penal Code, Protection of Civil Rights Act 1955, she is disqualified.
Unlawful Activities (Prevention) Act 1967, Prevention of If a person has engaged in corrupt practices.
Corruption Act 1988, Prevention of Terrorism Act 2002, etc., shall If a person is dismissed from a government
be disqualified if sentenced to: position due to corruption or disloyalty.
only fine, for a period of six years from the date of such conviction.

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imprisonment, for a period of six years from the date of such If a person has a contract with the
conviction and shall continue. government in the course of commerce or
8 (2): A person guilty of violating: business or supplies goods to the
any law prohibiting stockpiling or profiteering; or government.
any law prohibiting the adulteration of food or medications; or If a person is a managing agent, manager, or
any provisions of the Dowry Prohibition Act, 1961. secretary of any company or corporation
8 (3): A person convicted of any offense and sentenced to (other than a cooperative society) in which
imprisonment for not less than two years [other than any offense the government owns at least 25%.
referred to in subsection (1) or (2)] is disqualified from the date of If a person fails to file an account of his
such conviction and remains disqualified for a period of six years election expenses on time.
after his release.

Remedies available for disqualified persons: Disqualifications for voting:

Approach to ECI under Section 11: The disqualified person can A person is disqualified from voting at any
approach the Election Commission for removal of disqualification election for a period of six years if he is
under Section 11 of the Act (except disqualification on the ground convicted of:
of corrupt practices). IPC, 1860: Offense of bribery and undue
Approach to SC under Section 116 A: If the disqualification has influence or personation at an election
resulted due to an election petition filed in High Court, then the RPA, 1951: Offense of promoting enmity
person can approach Supreme Court for appeal under Section 116A. between classes in connection with the
election; removal of ballot papers from
polling stations; fraudulently defacing or
fraudulently destroying any nomination
paper.

Judgements

The Supreme Court overturned a fourth subsection, 8 (4), in 2013 (Lily Thomas case): This section allowed
convicted legislators to keep their seats if they filed an appeal within three months of their conviction.
The Supreme Court in Lily Thomas v. Union of India case, 2013 held the provision that disqualification of a
member of Parliament and State Legislature shall not take place until three months from the date of conviction, as
unconstitutional and provided for immediate disqualification on conviction.
In 2013, the Patna High Court forbade anybody in judicial or police detention from contesting an election.
The recommendations of the 244th report of the Law Commission should be implemented, i.e. disqualification
at the stage of framing of charges along with other legal safeguards to curb criminalisation of politics.

REGISTRATION OF POLITICAL PARTIES

Registration of Political Parties with the Election Commission of India:
• The Election Commission lists political parties as- Way forward --
o National party, - legal backing to mcc, more stringent even for ruling party
o State party or - 244th LC - disqualification at the stage of framing charges
o Registered unrecognized party.
- deregister parties if less than 1% vote
• The Election Symbols (Reservation and Allotment) Order, 1968 specifies the requirements for being classified as a
national or state party. - social media regulation, guidelines eg fast checking unit
• For recognition as a national or state party, a political party has fulfilled any of the following conditions:
National Party State Party
6% valid votes in Lok Sabha or 6% valid votes in Legislative Assembly elections in state + 2 Assembly
Legislative Assembly election in 4 or seats
more states + 4 Lok Sabha seats
6% valid votes in Lok Sabha elections in state + 1 Lok Sabha seat
2% Lok Sabha seats from 3 states 3% or 3 Legislative Assembly seats, whichever is more
1/25 Lok Sabha seats

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State party in 4 states 8% valid votes in Lok Sabha or Legislative Assembly elections in a state
The following political parties registered with the Election Commission are considered Registered
Unrecognized Parties:
• Unrecognized parties are newly registered parties,
• parties that have not received a sufficient percentage of votes in Assembly or General Elections to become state
parties, and
• parties that have never contested elections since being registered.
Benefits to Recognised Political Parties:
• Exemptions from proposers: Candidates of recognised political parties do not require a subscription from ten
proposers at the time of filing of nomination.
• Allocation of an equitable share of time: On the basis of past performance, registered recognised political parties
get broadcast/telecast facilities over Akashvani/Doordarshan during general elections.
• Travel expenses of star campaigners: Star campaigners' travel expenses are not accounted for in the election
expense records of their party's candidates.
• Free supply of copies of electoral rolls: to the candidates of recognised political parties.
• Reserved symbols: Candidates of registered recognised political parties get reserved symbols.
• Adjournment of polls: On the death of a candidate of registered recognised political parties, the returning officer
adjourns the polls to a later date.

KEYWORDS: Equitable share of time, Section 62 of the Representation of People Act, 1951, the Law Commission,
Ensuring equality, decriminalization, free and fair elections.

RIGHT TO KNOW
Right to Information: A candidate has to furnish information about the following in his nomination paper, whether:
• He is accused of any offense punishable with imprisonment for two years or more, where charges are framed by a
competent court;
• He is convicted of any offense and sentenced to imprisonment for one year or more.
SUPREME COURT RULING ON RIGHT TO INFORMATION OF ELECTORS
Case Supreme Court Ruling

Association for Candidate has to furnish information regarding any criminal antecedent, educational
Democratic Reforms v. qualification and assets.
Union of India, 2002

People’s Union for Voters have a fundamental right to know the relevant qualifications of candidates for
Civil Liberties v. office, including information about their income and assets.
Union of India, 2003 Accordingly, section 33B of the RPA, 1951, which stated that candidates could not be
compelled to disclose any information about themselves other than their criminal
records, was held unconstitutional.
Resurgence India Case, Made it compulsory for Returning Officers to reject those nomination papers which are
2013 accompanied by incomplete/blank affidavits.
Krishnamurthy v. The Supreme Court ruled that a candidate's criminal antecedents (particularly
Sivakumar & Ors, 2015 egregious crimes) must be disclosed at the time of filing the nomination paper, as
required by law.
Lok Prahari v. Election The Supreme Court directed that the Centre alter the guidelines as well as the disclosure
Commission, 2018 form presented by candidates along with their nomination papers to include a source of
income for themselves as well as their spouses and dependents.
• Declaration of Assets and Liabilities: Section 75A of RPA 1951 requires every elected candidate for a House of
Parliament to provide the Chairman/Speaker with the following information within ninety days of taking the oath:

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o the movable and immovable property of which he, his spouse, and his dependent children are jointly or severally
owners or beneficiaries;
o his liabilities to any public financial institution, Central or State government.
• Speaker & Chairman have the power to make rules: The Chairman/Speaker can make rules in this regard and
wilful contravention of the rules can be considered as a breach of privilege.
• Account of Election Expenses: Section 77 of RPA 1951 requires each candidate to keep a separate and correct
account of all expenses incurred in connection with the election from the date of nomination to the date of result
declaration. This account must be given to the district election officer within thirty days of any candidate's election.
Travel expenses incurred by star campaigners of a political party by air or other methods are not considered
expenditures by the candidate in this regard.
CORRUPT PRACTICES
Provisions regarding corrupt practices in RPA, 1951: Section 123 of the Act defines corrupt practices -
• Promotion of enmity or hatred: The encouragement of hostility or hatred amongst different classes of Indian
citizens on the basis of religion, race, caste, community, or language.
• Commission of sati or its glorification: The propagation of the practice or the commission of sati or its
glorification.
• Bribery: any gift, offer or promise by a candidate or his agent to any person to stand or not to stand or to withdraw
or not to withdraw from being a candidate or to vote or refrain from voting.
• Undue influence: direct or indirect interference with the free exercise of any electoral right. It includes threatening
any election candidate or elector.
• Religious appeal: The appeal based on his religion, race, caste, community, or language, or the appeal to religious
or national symbols, such as the national flag or the national emblem.
• Obtaining assistance from any government official: Obtaining aid (other than voting) from gazetted officers,
stipendiary judges and magistrates, members of the armed forces, excise officers, revenue officers, and so on.
• Booth capturing: In the 2019 general elections, a polling agent in Faridabad was arrested over video of ‘booth
capture’.
• False publication: The publication of any false statement of fact in relation to the personal character or conduct of
any candidate.
• Contravention of authorizing expenditure: The incurring or authorizing of expenditure in contravention of the
‘Account of election expenses and maximum limit’ prescribed under Section 77 of RPA, 1951.
• Use of any vehicle or vessel for the free conveyance of any elector: (other than the candidate himself, the
members of his family or his agent) to or from any polling station.
The Supreme Court in Abhiram Singh's case, 2017 held that election is a secular exercise and an appeal for votes
during elections on the basis of religion, caste, race, community or language amounts to a ‘corrupt practice’.

KEYWORDS: Booth capturing, False publication, religious appeal, Undue influence, Election Expenses, Promotion
of enmity.

ELECTORAL OFFENSES
Electoral Offenses listed in RPA, 1951: Chapter III of RPA, 1951 provide the following electoral offenses -
• Disturbances at public meetings: For the purpose of preventing the transaction of the business.
• Publication of results of exit polls: Publication and dissemination of results of exit polls, etc from the beginning
of the election to half an hour after the polls
• Printing material: Printing of pamphlets, posters, etc without the names and addresses of the printer and the
publisher.
• Promoting hatred between classes: Promoting class enmity in connection with elections based on religion, race,
caste, community, or language.
• Providing false information: concealing information in his nomination paper or affidavit:
• Holding public meetings exceeding authorized time: During the period of forty-eight hours ending with an hour
fixed for the conclusion of the poll
• Booth capturing is a crime.
• Defacing, damaging, or removing any list, notice, or other document affixed by or under the authority of a returning
officer, etc.

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• Failure to maintain voting secrecy.
• Officers, etc., are not allowed to campaign for candidates or influence votes.
• The removal of ballot papers from voting places.
• Other offenses:
o Canvassing in or around a voting place on election day.
o On the day of the election, disorderly conduct at or near voting places.
o Misconduct at the polling booth.
o Failure to follow the voting procedure.
o Breach of official duty in relation to an election.
o Election agents, polling agents, and counting agents are government employees.
o Bringing a firearm to or near a polling place.
o Employees are not given paid time off on election day.
o On election day, no one may sell, give, or distribute liquor.

PAID NEWS
• Any news or analysis appearing in media (print & electronic) for a price in cash or kind as consideration. (Press
Council of India).
Negative impacts of paid news:
• Reflection of money power: the payment is mostly made in cash or kind and violates income tax and election
expenditure laws.
• Hits the bottom of democracy: Such news has a big impact on voter voting behavior since the viewer does not
obtain a clear picture of the candidate's personality or performance and hence cannot determine who to vote for.
This undermines the basic foundations of democracy.
• Affects peoples’ thinking and opinion: by not letting them know that the news is in fact an advertisement and
denies them the right to information.
• Affects free and fair elections by spreading political agenda and giving an edge to people with connections with
news channels.
• Affects independence of media: This is the fourth pillar of democracy and brings the faith of people in media down.
Implications of Paid news not being an electoral offense:
• Lacunae in paid NEWS: Contestants who use paid news can only be hauled up for failing to include the expenses
involved in their campaign accounts.
• Does not require the candidate to distance himself/herself from paid news on relevant time and not post facto.
• Bias & False News: The public does not get a correct picture of the political party or the candidate, as the news
published regarding their work is biased and false.
Way forward:
• According to the Department-Related Parliamentary Standing Committee on Information Technology:
o Subjecting the financial accounts of media houses, especially revenue sources for suspected paid news.
• Establishing a single regulatory authority for both print and electronic media.
• Formulating stringent guidelines for news media on poll coverage by the Press Council of India.
• Naming and shaming of media houses involved in paid news.
• Define paid political news so that the Press Council of India can issue suitable guidelines.
• It is necessary to modify the Representation of the People Act of 1951 to make 'paid News' an electoral offense.
• Political parties and candidates must closely adhere to the Election Commission's expenditure ceilings.
• The people should be sensitized by creating awareness among themselves and seeking partnerships with all
stakeholders, including political parties and media.
• The Law Commission recommended that paid news be made an electoral offense in its 255th report on 'Electoral
Reforms,' which was given to the government in March 2015.
The issue of paid news poses a new challenge, especially in the digital age. Therefore, it is vital that the issue of paid
news is tackled to ensure elections are free and fair.
KEYWORDS: Stringent guidelines, Lacunae in paid NEWS, Hits the bottom of democracy, money power, false
information, exit polls, Bias & False News.

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PRAHAAR 2024: Indian Polity and Constitution
VOTING RIGHTS TO NON-RESIDENT INDIANS THROUGH POSTAL BALLOT
• ETPBS (Electronically Transmitted Postal Ballot System (ETPBS) is the Election Commission of India's flagship IT
program. It is a type of postal voting in which ballot papers are distributed electronically to voters and returned by
post. These registered voters are referred to as Service Voters.
• For the first time, it is possible to register as a Service Voter online through a dedicated portal. It is a fully secured
system with two security layers. The use of OTP and PIN ensures the confidentiality of voting. It has a unique QR
Code in the portal that prevents duplication of casted ETPB.
• Following the 2014 Lok Sabha elections, a 12-member committee was formed to investigate NRI voting through
three channels: voting by post, voting at an Indian mission abroad, and internet voting. Finally, in 2015, the panel
suggested that NRIs be offered "additional alternative options of the e-postal ballot and proxy voting" in addition to
voting in person.
Existing process for NRIs -
• Voting rights introduced in 2011: Voting rights for NRIs were introduced only in 2011, through an amendment
to the Representation of the People Act 1950.
• NRI can vote in his constituency: An NRI can vote in the constituency located in his/her place of residence, as
mentioned in the passport.
• Can vote only in person: He/she can only vote in person and will have to produce her passport in original at the
polling station for establishing identity.
Challenges:
• Identification of voters: Questions regarding the identity of voters can be raised as representatives of political
parties may not be present at the venue of voting.
• Policing and security: The EC will have to come up with ways to ensure how these venues can be policed and
secured.
• Model Code of Conduct: Foreign governments are not bound to maintain a silence period before polling, so it will
have to be discussed how MCC is not breached.
Way forward:
• Need to address logistical challenges: As per the Ministry of External Affairs, “huge logistical challenges” need to
be addressed and “a realistic assessment of requirements” needs to be made before the proposal is implemented.
• Voting facilitation at embassies are insufficient: Actual voting facilitation, voter identification, and voting
locations in the event that embassies and consulates are insufficient to accommodate all voters.

Previous Year Questions

1. Discuss the procedures to decide the disputes arising out of the election of a Member of the 2022
Parliament or State Legislature under The Representation of the People Act, 1951. What are the
grounds on which the election of any returned candidate may be declared void? What remedy is
available to the aggrieved party against the decision? Refer to the case laws.
2. “There is a need for simplification of procedure for disqualification of persons found guilty of 2020
corrupt practices under the Representation of Peoples Act” Comment. (Answer in 150 words)

3. On what grounds a people's representative can be disqualified under the Representation of 2019
Peoples Act, 1951? Also, mention the remedies available to such a person against his
disqualification. (250 words, 15 marks)

KEYWORDS: Vernacular languages, Facilitate Feedback Mechanism, Electronically Transmitted Postal Ballot
System, False publication, Booth capturing, Bureaucratisation of politic, free and fair elections.

136
PRAHAAR 2024: Indian Polity and Constitution

31 COMPARISON OF THE INDIAN CONSTITUTIONAL SCHEME WITH OTHER COUNTRIES

INDIA AND USA

Attributes USA INDIA

• The United States Constitution is the first • India's Constitution is the world's
drafted and shortest constitution in history. longest- written constitution.
Nature of the
• With only seven articles and twenty-seven • It consists of 470 articles in 25 parts, 12
Constitution
amendments, the United States Constitution schedules, and 5 appendices.
is a highly restrictive instrument.

• The USA is an unbreakable union of • India is an indestructible union of

unbreakable nations. Because the federal destructible states.
government and the states each have their • There is only one Constitution in India,
own constitutions and do not interfere with and it forbids the Central government
each other's operations. from interfering with state government
• Symmetrical federalism: Equal operations.
representation for all states in the Senate • For example: Reserving state bills for
under symmetrical federalism. the President's approval, Appointing
• The legislative federation is heavily governors, and imposing the
influenced by the states. For residual President's rule in the states.
Nature of
subjects, there is no elaborate mechanism • Asymmetrical federalism: States have
federalism
provided. been given representation in Rajya
Sabha in accordance with their
population.
• The Seventh Schedule of the Indian
Constitution divides legislative power
between
• The federal and state governments.
There are residual rights for the
legislature.

• A presidential system of government in • India now has a parliamentary system

which the electorate chooses the head of of government. Responsibility
state. • The executive branch of the Indian
• The President has great authority and is not government is led by the President of
subject to the House of Congress. India. He is indirectly chosen by the
Government • The American president's term is four years state and federal legislatures and is not
Structure long, and he is only permitted to serve in answerable to the Parliament. The
that capacity twice. The president has a term of office for the Indian President
valid veto. is five years.
• He is eligible to be elected any number
of times. There is no qualified veto
available to the president.
• In contrast to the US, the Indian
Constitution does not provide a
deadline for the President to sign a bill.

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PRAHAAR 2024: Indian Polity and Constitution

Impeachment of • Treason, bribery, and high crimes of a • In the Indian Constitution, there is a
the misdemeanor are the reasons. system of impeachment for
President constitutional violations.

• A Vice President may become a President • The office of the Indian Vice President
because of a vacancy in the office of the is modeled on the US office, with some
Office of the President. differences.
Vice- president • He is the Ex-officio chairperson of the • For example he can hold the office of
Senate and has a casting vote. president in case of a vacancy only till
the new president is not elected.

• People in the United States have two • India, on the other hand, has a
citizenship: one as a citizen of the United constitution and the principle
Citizenship States and the other as a citizen of their citizenship for all of its people.
respective state.

• It consists of two houses: House of • The House of Representatives and

Representatives and the Senate. Senate are very much similar to the Lok
• House of Representatives: Sabha and Rajya Sabha of India,
o One of the weakest lower houses in the respectively.
world. • In India, the executive comes from the
o It consists of 435 members. legislature and falls under its ambit.
o Representation of people may differ in • The President is a member of the Union
number from different states. Executive. However, since the
• Senate: President must act with the support
o The body is permanent and counsel of the Council of Ministers,
o The world's most powerful upper house. the Prime Minister and the latter
Legislature o Ordinary bills, amendment bills, and constitute the genuine executive.
money bills all fall under its jurisdiction.
o Senators serve six-year terms. Every two
years, one-third of the
members/Senators leave.
o The terms of the Legislature and the
Executive are both fixed and
independent of one another.
o A member of the Executive cannot be a
member of the Legislature.

• No one's life or freedom can be taken away • A person's life and liberty can be taken
in the United States without "due process of away in India according to the
law." "procedure established by law."
Fundamental rights • Due process refers to the requirement that • The phrase "procedure defined by
the substance and practice of the law be just, statute" gives the legislature broad
equal, and equitable, as determined by the discretionary power to limit liberty.
judiciary. During emergency, national
• The legislative power to take away a
security
person's liberty is restricted, and the
judiciary scrutinizes and evaluates it.

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PRAHAAR 2024: Indian Polity and Constitution

• The doctrine of separation of powers is • In India the executive and legislature

enshrined in the US Constitution. are tightly interwoven and the
• Through judicial oversight of executive and judiciary is acting somewhat
Checks and legislative actions, the judiciary keeps an independently.
Balances eye on the other branches of government.

• The American Constitution does not use the • An emergency may be declared in India
term "emergency," but it does state that the if there is a war or armed rebellion.
writ of Habeas Corpus may be suspended in • All fundamental rights, with the
the event of rebellion and invasion of public exception of the right to life (Article
Emergency safety. 21), may be suspended in an
emergency.

• Judges are appointed by the President and • India, on the other hand, employs a
confirmed by the Senate, and they are collegium method for appointing
removed by the Congress and the President judges to the higher judiciary.
by impeachment.
• The President controls their salaries and
Judiciary emoluments. CFI
• Judges of the Supreme Court are appointed
without regard to any qualifications.

• There are two ways to amend the • India's amendment process is simple
Constitution: and flexible.
1. Proposed by the Congress and ratified • In India, only the Parliament has the
by the States: authority to recommend constitutional
▪ Amendment to be passed by 2/3rd amendments, and the states have no
majority of both the Houses. say in the matter.
▪ To be ratified by the State • Although some of the Articles may be
Legislatures of at least 3/4th of the amended with a simple majority,
States. others require a special majority, and
Amendment of 2. Proposed by States and ratified by the some Articles require ratification by
the Constitution States: more than half of the States.
▪ 2/3rd of the States should pass a
resolution to this effect.
▪ They will communicate with the
Congress. The Congress will call the
convention.
▪ In the convention, it has to be ratified
by 3/4th of the States.

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PRAHAAR 2024: Indian Polity and Constitution
INDIA AND BRITAIN

Nature • In the UK, there is no formal written • The Indian constitution is codified into
constitution. There is no formal or various parts and schedules.
codified version of the British • The Indian Constitution, in contrast, is both
Constitution. flexible as well as rigid.
• It was never framed by a constituent • Federal or unitary constitutions are the two
assembly. types.
• The British Constitution is a flexible o In a unitary system, the center of power
constitutional structure. wields all of the government's authority,
• Since there is no distinction between a with the states acting as its adjuncts.
constitutional legislation and an o The federal constitution establishes a split
ordinary law, it can be passed, changed, of authority between the states and the
or repealed by a Simple Majority (50% federal government, each of which is
of the members present and voting) of sovereign in its own area.
the Parliament. • Thus the Indian Constitution is federal with
unitary aspects, unitary with federal
elements, and quasi-federal in nature.
Nature of state • The British Parliament, a sovereign • Federal nature. Powers are shared by the
body, has all of the government's national and state governments.
powers.

• The only legislative body in the nation • Despite the fact that state legislatures exist,
having limitless legislative authority is the Indian Parliament's legislative power
Sovereignty of the British Parliament. Any statute may approximately compares to that of the British
Parliament be passed, amended, or repealed by it. Parliament.
• The legitimacy of legislation enacted by • Judiciary effectively controls parliament and
the British Parliament cannot be decided a complete mechanism of separation of
by the courts. power exists in India.

• It is made up of the Civil Servants Privy • An executive is similar except In India, there
Council, the Permanent Executive of the is no individual legal responsibility.
Executive Council of Ministers (CoM), the King and • The Executive is made up of Ministers and
the Prime Minister. Bureaucrats.
• The executive has individual legal
responsibility.

• A constitutional monarchy which is not • The President is the ceremonial head of the
incompatible with democracy. state and acts according to the aid and advice
• The King does not have any of the council of ministers.
Nature of discretionary authority. He/she is • The President can be impeached if he or she
head of the referred to as ‘Golden Zero.' violates the Constitution.
state • King is said to have complete immunity
and is unable to commit any
wrongdoing.

• The rule of law is protected by the fact • The idea of 'Basic Structure' has given the
that judges can only be dismissed from judiciary a powerful instrument with which
Judiciary office for cause, for serious misbehavior to stifle any Executive or Legislative activity
and in accordance with a protocol that that it considers to be contrary to the
has been developed. No basic structure Constitution's basic spirit.
• For removal, it is necessary to obtain • Other provisions like appointment and
the approval of both Houses of removal are very much similar to the UK's
Parliament. model.

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PRAHAAR 2024: Indian Polity and Constitution

• The British Parliament is divided into • Bicameral legislature with fixed seats in both
two chambers: the House of Lords, houses.
whose authority is unfixed, and the • The House of Lords is very much similar to
Legislature House of Commons, whose membership the Rajya Sabha and the House of Commons
is set at 650. is similar to the Lok Sabha.
• Amendments: It may be proposed by
the House of Lords and approved by
them. But it only has limited authority; if
it rejects a piece of law, it can only delay
passage for up to a year.
• Once a Speaker, always a Speaker is • No such provisions/conventions in India. It is
the rule in the United Kingdom. It not necessary for the Speaker to resign
Speaker denotes that a Speaker's local from his party.
constituency is uncontested.
• When a person is appointed Speaker, he
formally resigns from his political party.
Prime • In Britain, it is customary for the prime • The PM can be a member of either House of
Minister minister to solely be a member of the Parliament.
House of Commons.
Shadow • Shadow cabinet members • No provision for a shadow cabinet.
cabinet from the opposition party hold a
similar portfolio as the minister.
INDIA AND FRANCE
Attributes France India
• It has a unitary form of government and • India is a Parliamentary
Nature a semi-presidential government. form of democracy with the President
as its nominal head.
• The French Parliament lacks dominant • With respect to law-making on the Central
law- making. list as per the seventh schedule where the
• The legislature has a list of subjects on president has Ordinance making power
Law Making which it should pass legislation, while the only.
Power President makes the law on the rest of the
issues.
• The French Parliament is bicameral, • Rajya Sabha has Limited power as compared
consisting of two houses: National to Lok Sabha.
Assembly and the Senate. • Only in the case of constitutional amendment
• The National Assembly's significantly Rajya Sabha is on an equal footing with Lok
Parliament greater powers than the Senate's make the Sabha in India.
French bicameral system an unequal one.
• The Senate cannot be dissolved.
• Follows the rigid principle of • Indian secularism respects all religions
secularism: The state does not support equally and is the best example of positive
religious activities but also does not secularism.
interfere in private religious practices.
• It prohibits any visible religious
Secularism symbols in public spaces. This model
leaves no scope for the idea of the state-
supported religious reforms.

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PRAHAAR 2024: Indian Polity and Constitution

• Both the Houses of Parliament have to • Blend of flexible and rigid. No provisions like
pass a resolution by a 3/5th majority. referendums etc.
• So rigid in nature The President may also
Amendment choose to refer to the amendment to the
people by referendum.

• The President is elected for a fixed term (5 • No such body in India president’s
President years). The President shall be elected by an impeachment follows constitutional
absolute majority of votes polled (Second provisions and parliament is a body to do so.
Ballot system).
• The High Court of Justice will inquire
about the impeachment of the president.

• The French Prime Minister is an • The real head of the government is the prime
advisor to the President (concept minister.
of cohabitation).
• Between the two positions, there is
a division of functions rather than
a division of power.
Prime Minister • The French President is in
charge of foreign affairs and
domestic issues.
• The PM, on the other hand, is in
charge of the company's day-to-
day operations.
• Local government and domestic
matters
• The High Council of Justice • The higher judiciary employs a collegium
nominates the judges. method for appointing judges to the higher
Judiciary • The President and members of the judiciary.
judiciary are in charge of this body. • Oath is administered by the president and
• The President is also referred to as the impeachment process completes under
the "Guardian of the Judiciary." the oversight of the Parliament.

INDIA AND JAPAN

Attribute Japan India
• The Constitution ensures a parliamentary • Both have a written constitution.
form of government and a number of basic • India has a flexible and rigid constitution,
Nature liberties. compared to Japan's rigorous one.
• According to its provisions, the Emperor of • A unitary state is provided for by the
Japan serves as "the symbol of the State Japanese Constitution.
and of the unity of the people" and performs
only ceremonial duties without having any
formal authority.
• The Diet, which comprises the House of • The Parliament is the highest legislative body
Representatives and the House of in both countries.
Legislature Councillors, has legislative authority. • The No-Confidence motion caused the
House to be dissolved, much like in India.
• Members of Japan's Upper House serve six-
year terms, and each year, half of the
members leave the chamber.

142
PRAHAAR 2024: Indian Polity and Constitution

• The Emperor, under the direction of the Diet, • In Japan ministers are appointed by the
appoints the Prime Minister, who serves Prime Minister but in the case of India it is
Executive as the head of the executive branch. appointed by the President on the advice
• He must be both a civilian and a member of the PM.
of one of the Diet's houses.
• The Supreme Court and lower courts are • Japan and India share comparable laws
given judicial authority. Japan is typically regarding the appointment, removal, and
Judiciary regarded in academic studies as a fixed retirement age of judges.
constitutional monarchy with a civil law • The Diet appoints judges; however, there is
system. no function for Parliament in India.
INDIA AND SOUTH AFRICA

Attributes About
• The Republic of South Africa is described as a democratic and independent
Nature of the South nation in Section 1 of the South African Constitution.
African Constitution • It rests its moral principles on universal adult suffrage, human equality, dignity,
non-racism, the advancement of human rights, and non-sexism. It also supports a
multi-party system, the rule of law, and fair elections.
• The process through which amendments are put into effect after receiving a two-
Borrowed from SA thirds vote in Parliament.
Constitution • Rational representation is used by the State Legislatures to choose the Rajya
Sabha's members.
• The words "We the People" are the first words in the "Preamble" of the
constitutions of both countries, signifying that the people are sovereign and that
the constitution derives its power from them.
• Under the Indian and South African constitutions, respectively, the Fundamental
Similarities Rights and Bill of Rights serve as the cornerstones of the legal system and
democracy.
• Both give the State some latitude in its efforts to improve the lot of the weak and
marginalized.
• Similar to the South African constitution, a two-thirds majority in parliament is
required to modify some provisions of the Indian constitution.
• In India, the right to vote, which is mentioned in the Bill of Rights, only has the
status of a statutory/legal right; it is not considered to be one of the fundamental
rights.
Differences • The 44th Constitutional Amendment relocated the right to property, which is
included in the Bill of Rights, from Part III of the Constitution to Article 300A,
reducing it to the status of a legal right.
• The Bill of Rights' inclusion of the right to information is exclusively a legislative
right in India.

Previous Year Questions

1. Analyze the distinguishing features of the notion of the Right to Equality in the Constitutions of the 2021
USA and India.
2. What can France learn from the Indian Constitution’s approach to secularism? (2019) 2019
3. Compare and contrast the British and Indian approaches to Parliamentary sovereignty. (2023) 2023

KEYWORDS: Unbreakable union of unbreakable nations., indestructible union of destructible states, constitutional
violations, Shadow cabinet, constitutional monarchy, positive secularism, Democratic Centralism, The Diet,
constitutional monarchy with a civil law system.

143
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