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CONTENTS

►PARLIAMENTARY PRIVILEGES 14
Section-1 ►IMPEACHMENT OF US PRESIDENT 14
►PARDONING POWER OF THE PRESIDENT 15
Current Affairs & related Concepts ►RECONSTITUTION OF CABINET COMMITTEES – 2019 15

01 LANGUAGE 16
UNION & THE STATES 02 ►HINDI AS A COURT LANGUAGE IN ABU DHABI 16

►REVOCATION OF THE SPECIAL STATUS OF JAMMU AND ►CASE FOR TULU LANGUAGE TO BE INCLUDED IN
KASHMIR 02 SCHEDULE 8 16

►LEGISLATIVE COUNCIL 03 ►ARTICLE 351 AND THE LANGUAGE FORMULA 16

►DADRA & NAGAR HAVELI AND DAMAN & DIU (MERGER OF


UNION TERRITORIES) ACT, 2019 04
JUDICIARY 16
►NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST)
RECOMMENDS TRIBAL AREA STATUS FOR LADAKH 04 ►SUPREME COURT STRENGTH INCREASED 16
►NORTH EAST COUNCIL PLENARY 05 ►CURATIVE PETITION (ART 137) 17
th
►126 CONSTITUTIONAL AMENDMENT BILL 05 ►CENTRE-STATE DISPUTES AND ARTICLE 131 17
►TUSSLE OVER BELAGAVI 06 ►ANTICIPATORY BAIL NOT TIME BARRED – SUPREME COURT
18
►ANDHRA GETS NEW HIGH COURT AT AMRAVATI 18
CITIZENSHIP 06 ►NEW DELHI INTERNATIONAL ARBITRATION CENTRE (NDIAC)
►NATIONAL POPULATION REGISTER (NPR) AND NRIC 06 ACT, 2019 18

►ASSAM ACCORD AND NRC IN ASSAM 08


►CITIZENSHIP AMENDMENT ACT, 2019 08 CRIMINAL LAW REFORM 19
►ARTICLE 256 09
► INDIAN PENAL CODE (IPC) 19
►FOREIGNER’S TRIBUNAL 10
►NATIONAL INVESTIGATION AGENCY (AMENDMENT) ACT,
►BRU REFUGEES 10 2019 19
►UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT,
2019 20
FUNDAMENTAL RIGHTS AND DPSP 10 ►PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984
►RIGHT TO INTERNET 10 20

►SC VERDICT ON INTERNET SHUTDOWNS 10 ►PREVENTIVE DETENTION 21

►TRANSPERSON: RIGHT TO MARRY (ARTICLE 21) 11 ►NATIONAL CRIME RECORDS BUREAU (NCRB): CRIME IN
INDIA 21
►STATE CAN REGULATE MINORITY INSTITUTIONS 11
►AUTOMATED FACIAL RECOGNITION SYSTEM (AFRS) 21
►RESERVATION IN JOBS 11
►THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
►CONSTITUTION (ONE HUNDRED AND THIRD AMENDMENT) (POCSO) ACT, 2019 22
ACT, 2019 12
►INDIA GETS FIRST WITNESS PROTECTION SCHEME 22
► SEC 144 OF CRPC 12

COMMISSION 23
PARLIAMENT AND STATE LEGISLATURE 13
►CABINET APPROVES EXTENSION OF TERM OF 15th FINANCE
► DISQUALIFICATION OF MLAS 13 COMMISSION 23
►SHOULD THE STRENGTH OF LOK SABHA BE INCREASED ►LAW COMMISSION OF INDIA 23
13

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►NATIONAL HUMAN RIGHTS COMMISSION (NHRC) & STATE ►PENCIL PORTAL 37
HUMAN RIGHTS COMMISSION (SHRC) 23
►“GO TRIBAL” CAMPAIGN LAUNCHED 37
►NATIONAL MEDICAL COMMISSION (AMENDMENT) ACT, 2019 ►SAFE CITY PROJECT 37
24
►GOI ORGANISES “HUNAR HAAT” 38
►NATIONAL COMMISSION FOR SAFAI KARMACHARIS (NCSK)
25

HEALTH 38
ELECTION 25 ►RESTRUCTURING OF EXISTING “NATIONAL HEALTH
AGENCY” AS “NATIONAL HEALTH AUTHORITY” 38
►ELECTION COMMISSION (EC) 25
►BIS: WATER QUALITY REPORT FOR STATE CAPITALS AND
►MODEL CODE OF CONDUCT (MCC) 25 NEW DELHI 38
►VVPAT (VOTER VERIFIABLE PAPER AUDIT TRAIL) 26 ►AYUSHMAN BHARAT 38
►PWD, PEOPLE OVER 80 YEARS OF AGE & IN ESSENTIAL
►JANAUSHADHI SUGAM 39
SERVICES CAN NOW VOTE THROUGH POSTAL BALLOT 26
► EAT RIGHT MOVEMENT CAMPAIGN 39
►ELECTRONICALLY TRANSMITTED POSTAL BALLOT (ETPB)
26 ►EAT RIGHT MELA 39

►SERVICE VOTERS 26 ►EAT RIGHT INDIA MOVEMENT: FOOD SAFETY MITRA


SCHEME 40
►VOTING RIGHTS OF PRISONERS 27
►HOPE (HEALTHCARE ORGANIZATIONS’ PLATFORM FOR
►NOTA 27 ENTRY-LEVEL-CERTIFICATION) PORTAL 40
►ELECTORAL BOND 27
►SYSTEMATIC VOTERS’ EDUCATION AND ELECTORAL
PARTICIPATION PROGRAM (SVEEP) 28 EDUCATION 40
►INDELIBLE INK 28 ►RTE (AMENDMENT ACT), 2019 40
►POLITICAL PARTIES REGISTRATION TRACKING ►HRD MINISTRY LAUNCHES KARTVYA PORTAL 40
MANAGEMENT SYSTEM (PPRTMS) 28
►NATIONAL DIGITAL LIBRARY OF INDIA 40
►SPECIAL EXPENDITURE OBSERVERS 28
►NEAT (NATIONAL EDUCATIONAL ALLIANCE FOR
TECHNOLOGY) SCHEME 41

GOVERNANCE 28 ► SKILLS BUILD PLATEFORM 41


►PREVENTION OF CORRUPTION ACT, 2018 41
► RIGHT TO INFORMATION (RTI) ACT 28
►HIMAYAT MISSION 42
► CENTRALIZED PUBLIC GRIEVANCE REDRESS AND
MONITORING SYSTEM (CPGRAMS) 29 ►SANKALP SCHEME 42

►AADHAAR AMENDMENT ACT, 2019 29 ►FIVE-YEAR VISION PLAN “EDUCATION QUALITY


UPGRADATION AND INCLUSION PROGRAMME (EQUIP)”
► FOREIGN CONTRIBUTION (REGULATION) ACT/ FCRA 30 FINALISED 43
►LOKPAL 31 ►SHODH SHUDDHI 43
►NATIONAL DATA AND ANALYTICS PLATFORM (NDAP) 32
►NATIONAL MISSION “NISHTHA” LAUNCHED IN J & K 43
►CENSUS OF INDIA 2021 32
►CONSUMER PROTECTION ACT, 2019 32
►GOVERNMENT E MARKETPLACE (GeM) 33
MISCELLANEOUS 43
►PRAGATI PLATFORM 34 ►PROMULGATION OF MINERAL LAWS (AMENDMENT)
ORDINANCE 2020 43
►SHILLONG DECLARATION ON E-GOVERNANCE ADOPTED AT
NCEG 2019 34 ►PARLIAMENT PASSES JALLIAWALA BAGH NATIONAL
MEMORIAL (AMENDMENT) BILL, 2019 44
►POLICE COMMISSIONERATE SYSTEM 35
►DISTRICT MINERAL FOUNDATIONS 45
►NATIONAL RECRUITMENT AGENCY (NRA) 45
VULNERABLE SECTION 35 ►ENEMY PROPERTIES 45
►SCHEDULED CASTES AND THE SCHEDULED TRIBES ►SWATCH SURVEKSHAN AWARDS 45
(PREVENTION OF ATROCITIES) AMENDMENT ACT, 2018 35
►6TH SCHEDULE OF THE CONSTITUTION 46
►TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT,
► BODO PEACE ACCORD 2020 46
2019 36
►GRAM PANCHAYAT DEVELOPMENT PLAN-SABKI YOJANA,
►THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON SABKA VIKAS 46
MARRIAGE) ACT, 2019 37
►VILLAGE SECRETARIAT PROGRAMME 46
►GOVT TO SET UP ANTI-HUMAN TRAFFICKING UNITS IN ALL
DISTRICTS WITH NIRBHAYA FUND 37 ►GOAL (GOING ONLINE AS LEADERS) INITIATIVE 47

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►INSTRUMENT OF ACCESSION 47
►DIRECTIVES OUTSIDE PART IV 59
►KVIC’S INITIATIVES TO GENERATE EMPLOYMENT 47

► FUNDAMENTAL DUTIES (F.D.) 59


Section-2
► PRESIDENT 60
CORE
48 ►VICE-PRESIDENT 60
COMPARATIVE STUDY BETWEEN PRIME MINISTER AND CHIEF
CONSTITUTIONAL DEVELOPMENT UNDER BRITISH MINISTERS 61

RULE 49 COMPARATIVE STUDY BETWEEN PARLIAMENTARY SYSTEM


AND PRESIDENTIAL SYSTEM 61
►REGULATING ACT OF 1773►SAFE CITY PROJECT 49
COMPARATIVE STUDY BETWEEN INDIAN PARLIAMENTARY
►PITT’S INDIA ACT OF 1784 49 SYSTEM AND BRITISH PARLIAMENTARY SYSTEM 61
►CHARTER ACTS 49 COMPARATIVE STUDY BETWEEN UNION COUNCIL OF
►INDIAN COUNCIL ACTS 49 MINISTERS AND STATE COUNCIL OF MINISTERS 62

►GOVERNMENT OF INDIA ACTS 50 COMPARATIVE STUDY BETWEEN ATTORNEY GENERAL AND


ADVOCATE GENERAL 62
►SIMON COMMISSION, 1927 51
►NEHRU REPORT, 1928 51
►INDIAN INDEPENDENCE ACT OF 1947 51 ►PARLIAMENT 62
►LOK SABHA 62

►FRAMING OF THE CONSTITUTION OF INDIA 52 ►RAJYA SABHA 63


►PRESIDING OFFICERS 63
►CONDUCT OF BUSINESS BY PARLIAMENT 64
►SOURCES OF INDIAN CONSTITUTION 52 ►BILLS 65
►VARIOUS PROCESSES WHICH A BILL GOES THROUGH 66
►OTHER PARLIAMENTARY PROCESS 67
►PREAMBLE 53
►MOTIONS AND RESOLUTIONS 68
►PARLIAMENTARY COMMITTEES 68
►PART-III: FUNDAMENTAL RIGHTS (F.R.) 54 ►IMPORTANT COMMITTEES 69
►STATE (ARTICLES 12) 54  FINANCIAL MATTERS 70
►LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS & ►ANNUAL FINANCIAL STATEMENT - ARTICLE 112 70
JUDICIAL REVIEW (ARTICLES 13) 55
►RIGHT TO EQUALITY (ARTICLES 14-18) 55
►RIGHT TO FREEDOM (ARTICLES 19-22) 56
► STATE LEGISLATURE 70
►RIGHT AGAINST EXPLOITATION (ARTICLES 23-24) 57
►RIGHT TO FREEDOM OF RELIGION (ARTICLES 25-28) 57 ►EMERGENCY PROVISIONS 71
►CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29-30)
►ARTICLE-352 71
57
►ARTICLE 356 - FAILURE OF CONSTITUTIONAL MACHINERY
►RIGHT TO CONSTITUTIONAL REMEDIES ARTICLE 32 58 IN STATE 72
►ARMED FORCES AND FUNDAMENTAL RIGHTS ARTICLE 33 ►FINANCIAL EMERGENCY – ARTICLE 360 72
58
►MARTIAL LAW AND FUNDAMENTAL RIGHTS ARTICLE 34 58
►RIGHTS OUTSIDE PART III 58 ► JUDICIARY 73
►SUPREME COURT 73

►DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) ► HIGH COURTS 75


JURISDICTION OF HIGH COURTS 75
58
►DPSP CLASSIFICATION 59

iii
►COMPETITION COMMISSION OF INDIA (CCI) 91
► TRIBUNALS 76
►FOOD SAFETY AND STANDARD AUTHORITY OF INDIA
►CENTRAL ADMINISTRATIVE TRIBUNALS (CAT) 76 (FSSAI) 91

►GOVERNOR 76 APPENDIX 92
►SCHEDULES UNDER THE CONSTITUTION OF INDIA 92

► CASE OF DELHI 77 ►IMPORTANT AMENDMENTS TO THE CONSTITUTION OF


INDIA 93
►IMPORTANT ARTICLES 94
► CENTRE STATE RELATIONS 78 ►IMPORTANT SUPREME COURT CASES 96

►INTERSTATE RIVER WATER DISPUTES ACT (IRWD ACT) 78 ►IMPORTANT PROVISIONS OF REPRESENTATION OF
PEOPLES ACT 97
► INDEXES & REPORTS 98
► PANCHAYATS & MUNCIPALITIES 78 SCHOOL EDUCATION QUALITY INDEX (SEQI) 98
► MUNICIPALITY 79 SDG INDIA INDEX 98
►97TH CONSTITUTIONAL AMENDMENT- COOPERATIVE 80 GOOD GOVERNANCE INDEX 99
GLOBAL SOCIAL MOBILITY INDEX 99
MEASUREMENT, ACTION, FREEDOM 99
► CONSTITUTIONAL BODIES 80
WOMEN BUSINESS AND LAW INDEX 2020 99
►PUBLIC SERVICE COMMISSION 80
DEMOCRACY INDEX 99
►UNION PUBLIC SERVICE COMMISSION (UPSC) 80
GLOBAL MICROSCOPE FOR FINANCIAL INCLUSION REPORT
►JOINT PUBLIC SERVICE COMMISSION (JPC) 81 99
►COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG) GLOBAL LIVEABILITY RANKING 100
82
TECHNOLOGICAL READINESS RANKING 100
►FINANCE COMMISSION 82
GLOBAL BROADBAND INDEX 100
►ELECTION COMMISSION 83
WORLDWIDE COST OF LIVING SURVEY 100
►NATIONAL COMMISSION FOR SCHEDULED CASTE (NCSC)
WORLD HAPPINESS REPORT 100
84
GLOBAL INNOVATION INDEX 100
►NATIONAL COMMISSION FOR SCHEDULED TRIBE (NCST)
84 HENLEY PASSPORT INDEX 100
►102nd CONSTITUTIONAL AMENDMENT ACT – NATIONAL CORRUPTION PERCEPTION INDEX 100
COMMISSION FOR BACKWARD CLASSES (NCBC) 85 GLOBAL NUTRITION REPORT 100
►COMMISSION ON OFFICIAL LANGUAGE (ARTICLE 344) 85 GLOBAL HUNGER INDEX 100
►SPECIAL OFFICER FOR LINGUISTIC MINORITIES (ARTICLE GLOBAL PEACE INDEX 2019 100
350B) 86
WORLD PRESS FREEDOM INDEX 100
INDIA CORRUPTION SURVEY 2019 101
► STATUTORY BODIES 86 ► IMPORTANT COMMITTEES 101
►NATIONAL COMMISSION FOR MINORITIES 86
►NATIONAL COMMISSION FOR THE PROTECTION OF CHILD
RIGHTS (NCPCR) 87 Section-3
►NATIONAL COMMISSION FOR WOMEN 87
►CENTRAL VIGILANCE COMMISSION (CVC) 87 MCq’s & Answer key
►NATIONAL LEGAL SERVICE AUTHORITY (NALSA) 88
►LOK ADALATS 90 102-117
►QUALITY COUNCIL OF INDIA 90

iv
SECTION 1
URRENT FFAIRS &

ELATED ONCEPTS
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY

UNION & THE STATES REVOKING ARTICLE 370


BEFORE NOW
►REVOCATION OF THE SPECIAL
Special powers exercised by J&K  No special powers now
STATUS OF JAMMU AND KASHMIR
Dual citizenship  Single citizenship
Government of India revoked the special status, or limited
Separate flag for Jammu & Kashmir Tricolour will be the
autonomy, granted under Article 370 of the Indian Constitution
 only flag
to Jammu and Kashmir.
Article 360 (Financial Emergency) Article 360 will be
RELATION OF JAMMU & KASHMIR WITH INDIAN UNION not applicable  applicable
Article 370 and Article 35(A) — gave state of J&K a host of
No reservation for minorities such Minorities will be
special rights. as Hindus and Sikhs  eligible for 16%
• Article 370 of the Constitution of India was a 'temporary reservation

provision' which gave special powers to the state of J&K, Indian citizens from other states People from other
giving the J&K legislature free rein to draft its own laws, cannot buy land or property in J&K states will now be able
except in the areas of communications, defense, finance  to purchase land or
property in J&K
and foreign affairs. As a result, J&K had its own
constitution, flag, and penal code. Accordingly, the RTI not applicable  RTI will be applicable

provisions of only Article 1 and Article 370 of the Indian Duration of Legislative Assembly for Assembly duration in
Constitution applied to the state. 6 years  Union Territory of J&K
will be for 5 years
• Article 35A of the Constitution of India, introduced
through a Presidential Order in 1954 issued under If a woman from J&K marries out of If a woman marries out
state, she would lose the citizenship of state or country, she
Article 370, authorised the state legislature to define
of the state  will still retain all her
'permanent residents'. Those defined as permanent
rights and Indian
residents were entitled to property rights, state citizenship
employment, scholarships and other social benefits in the
Panchayats did not have any rights Panchayats will have
state.  the same rights as in
WHO WERE PERMANENT RESIDENTS? other states

A person who was a state subject on May 14, 1954, or who Right to Education (RTE) was not Children in the state
has been a resident of the state for 10 years, and has applicable  will benefit from RTE

“lawfully acquired immovable property in the state.

KEY CHANGES 2) The Jammu and Kashmir Reorganisation Act, 2019


reorganises the J&K state into:
1) Constitution (Application to Jammu and Kashmir)
UNION TERRITORY UNION TERRITORY
Order, 2019: Supersedes the Constitution (Application to
OF J&K OF LADAKH
Jammu and Kashmir) Order, 1954 - All the provisions of the
WITH a legislature WITHOUT a legislature
Constitution shall now extend to the state of Jammu and
Comprising the remaining Comprising Kargil and Leh
Kashmir.
territories of the existing J&K districts
• It revokes the powers of Article 370 - It does not remove state
Art 370 (as removal of Article 370 requires a constitutional
Administration by Lieutant Administration by Lieutant
amendment), but effectively removes all power extended Governor appointed by the Governor appointed by the
under the article. President. President.
• This revocation of Article 370 extends to Article 35A as The High Court of J&K will be the common High Court for
well. both.

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY

►LEGISLATIVE COUNCIL Council as Chairman and Deputy Chairman of the


Legislative Council from among its members.
• Government of J&K has issued orders to abolish the Legislative
Council of the state as per Section 57 of The J&K State LEGISLATIVE COUNCIL VS COUNCIL OF STATES
Reorganisation Act, 2019. This decision comes after revoking • The legislative powers of Legislative Council is limited as
powers under Article 370 and converting erstwhile state of J&K compared to Council of States or Rajya Sabha. Rajya Sabha
into two UTs of Ladakh and J&K. has substantial powers to shape non-financial legislation
LEGISLATIVE COUNCILS IN INDIA whereas Legislative Councils lack a constitutional mandate
to do so.
• Legislative Council also referred to as Vidhan Parishad is
the second house of discussion depicting bicameralism at • Assemblies can override suggestions/amendments made
the state level. However, every state in India does not to a legislation by the Council. Member of Councils cannot
have Legislative Council and can be created or abolished vote in elections for the President and Vice President
as per constitutional provisions. whereas members of Rajya Sabha can vote. MLCs also
can’t vote in the elections of Rajya Sabha members.
• As of today, six states have Legislative Councils. These
are - Bihar, Uttar Pradesh, Maharashtra, Karnataka, STATUS OF PENDING OF BILLS
Andhra Pradesh and Telangana. A bill pending in state legislature does not lapse because of
ABOUT LEGISLATIVE COUNCIL (LC) prorogation of the House – Article 196(3). When state
assembly is dissolved –
• Permanent Body - The Legislative Council of a State shall
not be subject to dissolution. But, one-third of the (i) A Bill pending in Legislative Council which has not been
members of the Council shall retire on the expiration of passed by legislative assembly, does not lapse - Article
every second year. 196(4)

• Qualifications of members - He/she must be a citizen of (ii) A Bill pending in legislative assembly, or which having
India and must not be less than 30 years of age. been passed is pending with the Legislative Council,
lapses - Article 196(5)
• Creation & Abolition of LC - Under Article 169,
Parliament may by law provide for creation or abolition of (iii) A Bill passed by Legislative Council and pending in the
Legislative Council in a state if the Legislative Assembly of Assembly will lapse
the State passes a resolution to that effect by a majority (iv) A Bill passed by the Legislative Assembly, when there is
of the total membership of the Assembly and by a only one House, or passed by both Houses and pending
majority of not less than two-thirds of the members of assent of Governor or of the President does not lapse.
the Assembly present and voting. Parliament can then RESTRICTION ON POWERS OF LEGISLATIVE COUNCIL AS TO
pass a law to this effect by a simple majority. BILLS OTHER THAN MONEY BILLS
• Composition of Legislative Counsil - Under Article 171, • If, after a Bill has been passed by the Legislative Assembly
the Legislative Council of a state shall not have more than of a State having a Legislative Council and transmitted to
one-third of the total number of MLAs of the state, and not the Legislative Council—
less than 40 members.
(a) the Bill is rejected by the Council; or
• Election & Nomination of members -
(b) more than three months elapse from the date on which
 1/3rd of the MLCs are elected by the state’s MLAs, the Bill is laid before the Council without the Bill being
 1/3rd by a special electorate comprising sitting passed by it; or
members of local governments such as municipalities (c) the Bill is passed by the Council with amendments to
and district boards, which the Legislative Assembly does not agree
 1/12th by an electorate of teachers, and • The Legislative Assembly may, pass the Bill again in the
 1/12th by registered graduates. The remaining same or in any subsequent session with or without such
members shall be nominated by the Governor having amendments, if any, as have been made, suggested or
special knowledge or practical experience in the field of agreed to by the Legislative Council and then transmit the
Literature, science, art, co-operative movement and Bill to the Legislative Council.
social service. • After passage of the bill for the 2
nd
time by the
 Chairman & Deputy Chairman - Every state having Assembly to the Counsil, then
legislative council must choose two members of the (a) the Bill is rejected by the Council

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
(b) more than one-month elapses from the date on which CHANGE IN COUNT OF STATE AND UNION TERRITORIES
the Bill is laid before the Council without the Bill being
STATES (28)
passed by it; or
(c) the Bill is passed by the Council with amendments to Andhra Pradesh Karnataka Rajasthan
which the Legislative Assembly does not agree; Arunachal
Kerala Sikkim
• The Bill shall be deemed to have been passed by the Pradesh
Houses of the Legislature of the State in the form in
Assam Madhya Pradesh Tamil Nadu
which it was passed by the Legislative Assembly for
the second time with such amendments as have been Bihar Maharashtra Telangana
made or suggested by the Legislative Council and agreed
Chhattisgarh Manipur Tripura
to by the Legislative Assembly.
• At the maximum, Counsil can delay the passage of a Bill by Goa Meghalaya Uttar Pradesh
4 months. Gujarat Mizoram Uttarakhand

Haryana Nagaland West Bengal


►DADRA & NAGAR HAVELI
Himachal
AND DAMAN & DIU (MERGER OF Pradesh
Odisha

UNION TERRITORIES) ACT, 2019


Jharkhand Punjab
Dadra & Nagar Haveli and Daman merged into one Union
UNION TERRITORIES (8)
Territory named as Dadra and Nagar Haveli and Daman and
Diu. This was done in view of fruitful utilization of manpower, Andaman and Nicobar Islands Jammu and Kashmir
improve administrative efficiency, reduce administrative
Chandigarh Ladakh
expenditure and improve service delivery as well as facilitate
better monitoring of schemes. Dadra and Nagar Haveli and
Lakshadweep
Daman and Diu
KEY FEATURES OF THE ACT INCLUDE
Delhi Puducherry
• Amendment of the Constitution: The First Schedule to
the Constitution specifies the territories that come under
various states and UTs. The Act amends the First ►NATIONAL COMMISSION FOR
Schedule to merge the two union territories into the UT of SCHEDULED TRIBES (NCST)
Dadra and Nagar Haveli and Daman and Diu. But since RECOMMENDS TRIBAL AREA STATUS
the amendment is only related to status of union
FOR LADAKH
territories, such an amendment to the constitution
The NCST (Art 338) has recommended newly created Union
shall not be recognised as a constitutional amendment
Territory of Ladakh to be declared as a “tribal area” under the
under ARTICLE 368 of the constitution.
Sixth Schedule of the Constitution.
• Article 240(1) of the Constitution allows the President to
make regulations for certain UTs, including the UTs of REASONS FOR THE RECOMMENDATION BY NCST

Dadra and Nagar Haveli, and Daman and Diu. The Act • As per NCST, this will help “democratic devolution of
amends the Article to replace these two UTs with the powers, preserve and promote distinct culture of the
merged UT. region, protect agrarian rights including rights on land and
• Representation in Lok Sabha: The First Schedule to the enhance transfer of funds for speedy development of the
Representation of the People Act, 1950 provides one seat region.
in Lok Sabha to each of the two UTs. The Bill seeks to SIXTH SCHEDULE
amend the Schedule to allocate two Lok Sabha seats to the
• It provides for Administration of Tribal Areas in the States
merged UT. of Assam, Meghalaya, Tripura and Mizoram.
• Jurisdiction of High Court: The Bill provides that the • It provides for creation of Autonomous Districts and
jurisdiction of the High Court of Bombay will continue to Autonomous Regions by the Governor.
extend to the merged UT.

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• If there are different STs in an autonomous district, the of the eight States of Arunachal Pradesh, Assam, Manipur,
Governor may, by public notification, divide the area or Meghalaya, Mizoram, Nagaland, Sikkim and Tripura.
areas inhabited by them into autonomous regions. • NEC was constituted in 1971 through The North Eastern
• Governors of four states are empowered to declare some Council Act, 1971 to act as an advisory body in respect of
tribal dominated districts / areas of these states as socio-economic and balanced development of the entire
autonomous districts and autonomous regions by North Eastern Areas.
executive order. The Governor also has power to include • NEC has been instrumental in providing a planned and
any other area, exclude any area, increase, decrease, concentrated effort towards rapid development of the
diminish these areas, unite two districts / regions, and alter region in all spheres of socio- economic life.
the names and boundaries of these autonomous districts COMPOSITIONS OF NEC
and regions.
It shall consist of the following
• It provides for constitution of District Councils and
• the person or persons for the time being holding the office
Regional Councils.
of the Governor of the States
• There shall be a District Council for each autonomous
• the Chief Ministers of the States of Arunachal Pradesh,
district consisting of not more than thirty members, of
Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim
whom not more than four persons shall be nominated by
and Tripura
the Governor and the rest shall be elected on the basis of
adult suffrage. The elected members of District Council • three members to be nominated by the President.
shall hold office for a term of 5 years. • The President may nominate a Union Minister to be a
• There shall be a separate Regional Council for each area member of the Council.
constituted an autonomous region. • The President shall nominate the Chairman of the Council
• The President may, if he deems it necessary nominate
►NORTH EAST COUNCIL PLENARY another member of the Council to act as Vice-Chairman of
the Council.
68th Plenary session of North Eastern Council (NEC) was held
in Guwahati, Assam. FUNCTIONS OF NEC
th
• In the 68 plenary session of North Eastern Council (NEC), • The Council shall function as a regional planning body
Union Home Minister has assured North Eastern States for the north-eastern area.
that the union government will not touch or dilute the • The Council shall review, from time to time, the
provisions of Article 371 which grants special provisions implementation of the projects and schemes included
to the region of North East as well as other states. in the regional plan and recommend measures for
• The Union Home Minister who is also the chairman of NEC effecting co-ordination among the Governments of the
highlighted the difference between Article 370 and 371. He States concerned in the matter of implementation of such
said that Article 370 was clearly temporary in nature while projects and schemes
Article 371 is about special provisions in the northeast. • Recommend to the Government of the State concerned or
to the Central Government the undertaking of necessary
371A. Special provision with respect to the State of Nagaland
surveys and investigation of projects in any State
371B. Special provision with respect to the State of Assam
represented in the Council to facilitate consideration of the
371C. Special provision with respect to the State of Manipur feasibility of including new projects in the regional plan.
371D. Special provisions with respect to the State of Andhra • The Council shall review from time to time the measures
Pradesh taken by the States represented in the Council for the
371E. Establishment of Central University in Andhra Pradesh maintenance of security and public order and
371F. Special provisions with respect to the State of Sikkim recommend to the Governments of the States concerned
further measures necessary in this regard.
371G. Special provision with respect to the State of Mizoram
371H. Special provision with respect to the State of Arunachal
Pradesh
►126th CONSTITUTIONAL
371-I. Special provision with respect to the State of Goa AMENDMENT BILL
th
371-J. Special provisions with respect to State of Karnataka 126 Constitution Amendment passed by the Parliament extends
for another 10 years the reservation for SC/STs in the Lok Sabha
NORTH EASTERN COUNCIL (NEC)
and state Assemblies, and does away with the provision for
• NEC is the nodal agency for the economic and social
nomination of Anglo-Indians to the Lok Sabha and 14 state
development of the North Eastern Region which consists
Assemblies.

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
ABOUT THE AMENDMENT The border dispute between Maharashtra and Karnataka over
• The Constitution under Article 334 provides for Belagavi district is a longstanding issue.
reservation of seats for SCs and STs and representation of BACKGROUND
the Anglo-Indian community by nomination, in Lok Sabha
• After India's Independence, there was demand for the
and Legislative Assemblies of states. This has been
provided for a period of 70 years since the enactment of formation of states on linguistic lines. Accordingly, the
the Constitution and will expire on January 25, 2020. States Reorganization committee was formed. The
• The Bill seeks to extend the reservation for SCs and STs by Committee recommended for the formation of states on
another 10 years till January 25, 2030. linguistic lines, while keeping in mind the administration
• The bill has been passed by both houses of the parliament efficiency.
but has to be ratified by half of the state legislatures as • Based upon recommendations of this committee, Belgaum
well before it goes for the President’s assent.
was included in the Karnataka State in 1956. This was done
• The Amendment passed by Parliament, however, so, because in the year 1881, Kannada Speaking
effectively does away with reservation for the Anglo-
population was in majority and the Marathi speaking
Indian members in the Lok Sabha and State Assemblies.
population only around 25%.
WHO ARE ANGLO-INDIANS?
• Subsequently, the Maharashtra Government objected to
• The Anglo-Indian community in India traces its origins to
the inclusion of Marathi-speaking areas under Karnataka
an official policy of the British East India Company to
encourage marriages of its officers with local women. and petitioned the Centre to set up a committee to look
into the issue.
• The term Anglo-Indian first appeared in the Government
of India Act, 1935.
• In the present context, Article 366(2) of the Constitution
Of India states: “An Anglo-Indian means a person whose
father or any of whose other male progenitors in the
male line is or was of European descent but who is
domiciled within the territory of India and is or was born
within such territory of parents habitually resident therein
and not established there for temporary purposes only.”
POPULATION OF THE ANGLO-INDIANS
• The number of people who identified themselves as Anglo-
Indian was 296, according to the 2011 Census.
PROVISIONS FOR RESERVATION IN LEGISLATURE
• Article 332 - Provision for nomination of two (2) Anglo-
Indians to Lok Sabha by President.
• Article 333 – Provision of nomination of one (1) Anglo-
Indian to Legislative Assemblies by Governor.
• According to the 10th Schedule of the Constitution, Anglo-
Indian members of Lok Sabha and state Assemblies can
take the membership of any party within six months CITIZENSHIP
of their nomination. But, once they do so, they are bound
by their party whip. The Anglo-Indian members enjoy the ►NATIONAL POPULATION REGISTER
same powers as others, but they cannot vote in the (NPR) AND NRIC
Presidential election because they are nominated by the ABOUT NATIONAL POPULATION REGISTER (NPR)
President.
• The NPR is a comprehensive identity database maintained
by the Registrar General and Census Commissioner of
►TUSSLE OVER BELAGAVI India under Ministry of Home Affairs.
The recent tension along the Maharashtra- Karnataka border
has brought back into focus the border dispute over Belgaum.

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• It is a Register of “usual residents of the country” and NPR AADHAR
will be prepared at the local, sub-district, district, state and
national level. Mandatory Voluntary

• The NPR is being prepared under provisions of the Collects both demographic Restricts itself to
Citizenship Act 1955 and the Citizenship (Registration data and biometric biometrics
of Citizens and issue of National Identity Cards) Rules, particulars.
2003. As per section 14A of Citizenship Act 1955, it is
It is a nationwide project Only 16 states have rolled
mandatory for every “usual resident of India” to register in
(Except for Assam) out UIDAI Aadhaar
the NPR.
project
• “Usual resident of the country” is one who has been
residing in a local area for at least the last 6 months or NPR will contain three Aadhaar consists of a 12-
intends to stay in a particular location for the next six elements of data: digit UID Number
months. 1. Demographic Data,
• Citizens & Foreigners - Unlike the NRC, the National 2. Biometric Data, &
Population Register will not only include citizens but also 3. Aadhaar – UID Number
foreigners as it would record even a foreigner staying in a
locality for more than six months. Usual residents - A usual Residents of India
resident is defined for the
• Seeding with Aadhaar - The government also plans to
purposes of NPR as a person
seed Aadhaar database with the updated NPR. This
who has resided in a local
updated NPR database along with Aadhaar Number will
area for the past 6 months or
become the mother database and can be used by various
more or a person who intends
government departments for selection of beneficiaries
to reside in that area for the
under their respective schemes.
next 6 months or more.
RELATION BETWEEN NPR & CENSUS
The fundamental purpose of Main aim of Aadhar is to
Data is collected through house – to – house enumeration the NPR is to provide a identify the beneficiaries
during the “house-listing” phase of the census, which is held credible database for
of government services
once in 10 years. The last census was in 2011, and the next identification of the individual
like subsidies.
will be done in 2021. and avoid all the
shortcomings in the existing AADHAAR IS NOT A
The recent exercise of NPR is connected with Census 2021,
databases. PROOF OF CITIZENSHIP.
however, there are differences between the two.
NPR IS NOT A CITIZENSHIP
• The census is a macro exercise where the data is protected
ENUMERATION DRIVE.
by the confidentiality clause. Census is not intended to
identify the individual identity details,
DIFFERENCE BETWEEN NPR & NRC
• while the NPR, on the other hand, is designed to collect
identity details of every individual. NPR NRC
RELATION BETWEEN NPR & AADHAAR Population register Citizenship register
• Regardless of the fact that a person is registered under
NPR is a list of all “usual” NRC is a register containing
Aadhaar, he/she still has to register under NPR.
residents of India, i.e. details of Indian citizens
ο If enrolled with Aadhaar, biometrics won't be collected anyone who has lived in the living in India and outside
again. country for more than six India.
ο If not enrolled, data collected in NPR will be sent to months regardless of their
UIDIA for issue of Aadhaar number. nationality

• So, Aadhaar is the unique number both NPR & UIDAI issue NPR would also include a NRC will contain details of
based on biometric data. foreigner staying in an area only the citizens of India
• If NPR rejects UIDAI data (for any discrepancy identified), for more than six months. excluding the foreigners
you won't be registered. staying in India.

Process initiated in 2011. First such register was


The database under the prepared in 1951 only for

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
NPR will be maintained by Assam. • Accodind to the assam accord:
the Registrar General of Its updation process in • Foreigners, who came to Assam after 1
st
January, 1966
India and Census Assam has started in 2015. shall be given the Citizenship.
Commissioner of India, st th
• Who entered between 1 January, 1966 and 24 March,
Ministry of Home Affairs.
An amendment in the 1971 shall register themselves with appropriate authority.
Under provisions of the And they shall be given citizenship 10 years subsequent to
Foreigners (Tribunals)
Citizenship Act 1955 and the such registration.
Order, 1964, issued by the
Citizenship (Registration of
central government on May • During the interim period they shall have all rights of a
Citizens and Issue of
30, 2019, paved the way for citizen except the right to vote. However, they shall not be
National Identity Cards)
expanding the scope of deemed to be citizens during such period.
Rules, 2003.
NRC beyond. • Who have entered india after 24
th
March 1971 shall be
NPR exercise will be carried NRC by far is limited to the detected in accordance with the provisions of the
out from April to September state of Assam. Foreigners Act, 1946 and the Foreigners (Tribunals)
2020 in all the states and Order 1964.and deported.
union territories except • To facilitate Assam Accord, amendment was made in
Assam Citizenship Act 1955 whereby section 6A was added which
mentions about “special provisions as to citizenship of
The fundamental purpose The fundamental purpose
persons covered by Assam Accord.”
of the NPR is to provide a is to document all the legal
WHY WAS NRC UPDATED IN ASSAM?
credible database for citizens of India so that the
identification illegal migrants can be • National Register of Citizens, 1951 was a register prepared
of the individual and avoid identified and deported. after the conduct of the Census of 1951. However, after
1951 the register was not updated on an all India basis.
all the shortcomings in the
existing databases. • In 2014, the SC ordered the updation of NRC in accordance
with Citizenship Act, 1955 and Citizenship Rules, 2003 in all
Based on self declaration Requires Proof
parts of Assam.
Both Demographic and Demographic infrmation • Updation of NRC in Assam was a Supreme Court
Biometric information mandated exercise to honour commitments made under
Assam Accord.

►ASSAM ACCORD AND NRC IN ASSAM


Assam Accord’s main objective was to identify illegal
►CITIZENSHIP AMENDMENT ACT,
migrants in the state and remove their name from the 2019
electoral rolls. This was to be done by re-counting citizens of Change of definition of “Illegal Migrant”
India and updating the already existing National Register of
• CAA primarily changes the definition of “illegal migrant”
Citizens based on certain official documents. For this purpose, a
as provided in Citizenship Act, 1955 by providing a
particular cut-off date was agreed upon and the same was added
condition or stipulation for persons belonging to 3
in Citizenship Act, 1955 to facilitate the terms of Assam Accord.
countries and 6 religions.
The problem became significant when the final list of NRC
• Prior to the amendment, The Citizenship Act, 1955
released by state of Assam had excluded roughly around 19 lakh
defined illegal migrant as a foreigner who has entered
people.
into India -
ASSAM ACCORD
(i) Without a valid passport or other documents/ authority
• It was signed between Government of India, State
as prescribed by law in that behalf; or
government of Assam and the leaders of Assam
(ii) With a valid passport or other documents /authority as
movement i.e. All Assam Students’ Union (AASU) and
th prescribed by law in that behalf but remains therein
the All Assam Gana Sangram Parishad (AAGSP) on 15
beyond the permitted period of time.
August, 1985.
th • But the 2019 amendment has changed this above-
• As per the Accord, 24 March 1971 shall be the base date
mentioned definition by adding a condition or stipulation.
and year for purposes of detection and deportation of
foreigners. • The condition as per 2019 Amendment – Any person
belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
communities from Afghanistan, Bangladesh or Pakistan, registration as overseas citizen of India on certain
shall not be treated as illegal migrant for the purposes of grounds.
this Act. If, • The new provision says that Central government may
ο They entered into India on or before the 31st day of cancel the registration of overseas citizen of India if such
December, 2014 and person has violated any of the provisions of CAA or any
other law for time being in force as may be specified by
ο They have been exempted by the Central Government
the Central Government.
under
• Further, no order for cancellation of registration of OCI
 Passport (Entry into India) Act, 1920 or
shall be passed unless the Overseas Citizen of India
 from the application of the provisions of the Cardholder has been given a reasonable opportunity of
Foreigners Act, 1946 or any rule or order made being heard.
under the Foreigners Act, 1946,
The Citizenship Act, 1955 provides for acquiring citizenship
• Citizenship granted through Naturalization: of India through the following ways:
Government in India has reduced the period of residency
• Citizenship by birth
from “not less than 11 years” to “not less than 5 years.”
• Citizenship by descent
• Exception: If the applicant has rendered distinguished
• Citizenship by registration
service to the cause of science, philosophy, art, literature,
world peace or human progress, then the central • Citizenship by naturalization
government may waive all or any of the conditions • Special provisions as to citizenship of persons covered by
specified in the Third Schedule. Assam Accord
• CAA shall not apply to the following: The provisions of • Citizenship by incorporation of territory
CAA shall not apply to tribal area of Assam, Meghalaya,
Mizoram or Tripura as included in the Sixth Schedule
Note: How citizenship can be lost?
to the Constitution and the area covered under "The Inner
• Renunciation
Line" notified under the Bengal Eastern Frontier
Regulation, 1873. • Terminsation

ABOUT INNER LINE PERMIT & RECENT DEVELOPMENTS • Deprivation

The Inner Line Permit was established by the British


government under the Bengal Eastern Frontier ►ARTICLE 256
Regulations, 1873 to safeguard tribals of eastern part of
There has been an increase in protest by many state
Bengal. The 1873 regulation is also known as Inner Line
governments against passing of Citizenship Amendment Act by
Regulation (ILR) or Inner Line Permit (ILP).
the Centre. Some states have even said that they will not
• The system requires outsiders to obtain a permit from the implement the CAA 2019.
government to enter the designated territory.
• Entry 17 of Union List mentions about citizenship,
• It can be issued for travel purposes solely. naturalisation and aliens.
• The main objective of the ILP system is to provide a special • Article 11 states that Parliament has the power to make
protection of the distinct identity and safeguard for the any provision with respect to the acquisition and
peaceful existence of the indigenous people of the state termination of citizenship and all other matters relating to
where it is applicable. citizenship.
• System of ILP is applicable in Arunachal Pradesh, • Article 256 takes forward the idea of a unitary state as it
Nagaland, Manipur and Mizoram. ensures that the executive power of the Union shall extend
• State of Manipur has been added recently in the Inner to the giving of such directions to a State as may appear to
Line Permit System in December, 2019. the Government of India to be necessary for that purpose.
• Recently, the Meghalaya Assembly has adopted a It also stresses on the fact that the executive power of
resolution for implementing the Inner Line Permit (ILP) every State shall be so exercised as to ensure compliance
regime in the state, which will impose restrictions on the with the laws made by Parliament and any existing laws
entry and movement of ‘outsiders’ in the hill state. which apply in that State.
• It is important to understand that Article 256 comes
CHANGES MADE FOR OVERSEAS CITIZENS OF INDIA UNDER
under Chapter 2 of Part IX of the Constitution. Part IX
CAA
deals with ‘Relations between the Union and States’ and
• CAA has added new provisions under section 7D of
Chapter 2 is about ‘Administrative Relations’. So, it is the
Citizenship Act, 1955 which deals with cancellation of

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
administrative duty of the Centre to ensure that state • In Tripura, they are recognised as a Particularly
complies with the laws formed by it including laws of the Vulnerable Tribal Group (PVTG).
state as well. SETTLEMENT OF BRU REFUGEES IN TRIPURA
• Article 365 highlights about effect of failure to comply • Under the new agreement, around 34,000 Bru refugees
with, or to give effect to, directions given by the Union and will be settled in Tripura and would be given aid from the
in such situation, it shall be lawful for the President to hold Centre to help with their rehabilitation and all round
that a situation has arisen in which the Government of the development, through a package of around Rs 600 crores.
State cannot be carried on in accordance with the
• These refugees will get all the rights that normal residents
provisions of this Constitution and accordingly Article 356
of the States get and they would now be able to enjoy the
can be invoked in such state.
benefits of social welfare schemes of Centre and State
• Article 256, 365 and 356 cumulatively, the constitution governments.
ensures that if a law is passed by Parliament, then it
becomes mandatory for a state to abide by it in letter and
spirit. FUNDAMENTAL RIGHTS AND

►FOREIGNER’S TRIBUNAL
DPSP
• Foreigner’s Tribunal was established through Foreigners ►RIGHT TO INTERNET
(Tribunal) Order, 1964 from an order of Ministry of Home A three Judge -bench of the Supreme Court in response to
Affairs under Section 3 of The Foreigners Act, 1946. It is questions raised over clamps imposed in Jammu and Kashmir,
applicable to the whole country. ascertained that the right to internet access is a fundamental
• Although Foreigners Tribunal has been constituted right under Article 19.1(a) & 19.1(g) of the Indian Constitution.
through an Executive Order of Home Ministry, its decisions • Supreme court held that this right can still be abridged if
is to be treated as a “quasi-judicial order” and is there’s a reasonable case for it, just as the right to self-
therefore final and binding on all parties including upon expression can be curtailed if it could clearly have adverse
the cases pertaining to preparation of the NRC in Assam. consequences.
• In the backdrop of preparation of NRC in Assam, Ministry • Restrictions on internet, according to the court, would be
of Home Affairs has amended the Foreigners (Tribunals) judged by the principles of proportionality under the
Order, 1964. law.
• The amended order has empowered District Magistrates
in all States and Union Territories to set up tribunals to
►SC VERDICT ON INTERNET
decide whether a person staying illegally in India is a
foreigner or not. Earlier, the powers to constitute tribunals SHUTDOWNS
were vested only with the Centre, however, now it is The recent SC verdict has laid down a framework of how the
available ot the state as well. Internet can be suspended, and what rights and legal recourses a
citizen has when it is suspended.

►BRU REFUGEES PROCEDURE FOLLOWED BY THE GOVERNMENT TO


SUSPEND INTERNET SERVICES
Union Government, Tripura, and Mizoram have signed an
agreement with the Bru/Reang community that promises to end The Information Technology Act, 2000, the Criminal
their 23-year-old internal displacement crisis. Procedure Code (CrPC), 1973 and the Telegraph Act, 1885
are the three laws that deal with suspension of Internet
ABOUT
services.
• The Brus/Reangs are spread across Tripura, Mizoram and
SECTION 144
parts of southern Assam are the most populous tribe in
Tripura. • Before 2017, Internet suspension orders were issued
under Section 144 of the CrPC.
• They are ethnically different from the Mizos, with their
own distinct language and dialect and form one of the 21 • The use of Section 144 to suspend mobile internet was
scheduled tribes of Tripura. challenged before the Gujarat High Court in 2015 but the
court upheld the power of the magistrate to issue such
• In 1997, following ethnic tension, around 5,000 families
orders.
comprising around 30,000 Bru-Reang tribals were forced
to flee Mizoram and seek shelter in Tripura.

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
SUSPENSION RULES ABOUT THE CASE
• In 2017, the central government notified the Temporary • The judgment came on a challenge to the validity of the
Suspension of Telecom Services (Public Emergency or West Bengal Madrasah Service Commission Act of
Public Service) Rules under the Telegraph Act to govern 2008.
suspension of Internet. • The State Act mandated that the process of appointment
• These Rules derive their powers from Section 5(2) of the of teachers in aided madrasahs, recognized as minority
Indian Telegraph Act (Interests of the sovereignty and institutions, would be done by a Commission, whose
integrity of India). decision would be binding.
VERDICT OF THE COURT JUDGMENT OF THE SUPREME COURT
• In its judgment on the five-month-long Internet shutdown • The Supreme Court held that the managements of
in Kashmir, the SC declared that the fundamental right to minority institutions cannot ignore such a legal regime by
freedom of speech and expression and the right to saying that it is their fundamental right under Article 30 of
carry on trade or business using the Internet the Constitution to establish and administer their
are constitutionally protected. educational institutions according to their choice.
• Although the court stopped short of ruling that access • Court said that the regulatory law should however balance
to Internet is a fundamental right, it said that the the dual objectives of ensuring standard of excellence
Internet as a medium is used to exercise other as well as preserving the right of the minorities to
fundamental rights. establish and administer their educational
• The observations made by the court essentially laid out institutions. Regulations that embrace and reconcile the
guidelines that Internet shutdowns cannot be arbitrary two objectives were reasonable.
and can be challenged in courts. The court also said the • Referring to the 11-judge Bench decision in the TMA Pai
orders suspending the Internet would have to necessarily Foundation case, the Court said that the Article 30(1)
state how the action was justified and proportionate to the (right of minorities to establish and administer educational
imminent threat to law and order. institutions of their choice) was neither absolute nor
• The court recognized that the 2017 Rules are the only above the law.
procedure to be followed to suspend Internet services in FOR ARTICLE 30 (REFER PAGE NO. 57)
the occurrence of a “public emergency” or for it to be “in
the interest of public safety”.
►RESERVATION IN JOBS
• Quoting from the 2017 Rules, the verdict reiterated that
Promotions not a Fundamental Right – Supreme Court
the competent authority to issue an order under the
• Supreme Court has held - Reservation in appointment
Suspension Rules, in ordinary circumstances, would be the
and promotion in public posts is not a fundamental
Secretary to the Ministry of Home Affairs.
right.
WHAT DOES THE CONSTITUTION SAY ON RESERVATIONS?
►TRANSPERSON: RIGHT TO MARRY
• Article 16 of the Constitution pertains to matters of
(ARTICLE 21)
equality of opportunity in matters of public
A judgment of Madurai Bench of the Madras High Court has employment, while sub-sections 4 and 4A pertain to
extended enjoyment of civil rights, especially those pertaining to reservations to SCs/STs in appointments and
marriage to trans-persons.
reservations in promotions respectively.
The marriage between man and transwoman to be valid
• Article 16 Sub section (4A) was Added by
under Section 5 of Hindu Marriage Act 1955.
Constitution 77th Amendment.
WHAT WAS THE JUDGMENT?
►STATE CAN REGULATE MINORITY
• Article 16 (4) and 16 (4A) are in the nature of enabling
INSTITUTIONS provisions empowering the States to make reservation
The Supreme Court in a judgment in January held that the state is in matters of appointment and promotion in favour of
well within its rights to introduce a regulatory regime in the any backward class of citizens which may be
“national interest” to provide minority educational institutions inadequately represented in the services under the
with well-qualified teachers in order for them to “achieve State.
excellence in education.”

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• That states are not legally bound to provide (a) State can make any special provision for the
reservations. They can exercise their own discretion. advancement of any “economically weaker sections
of citizens”
• Article 16(4) and 16 (4A) do not provide a
fundamental right to individuals to claim reservations. (b) State can make any special provision for the
advancement of any “economically weaker sections of
• No mandamus can be issued by court directing state
citizens” relate to their admission to educational
government to provide reservations
institutions including private educational institutions,
• If a state wishes to provide reservation, it will have to whether aided or unaided by the State.
collect quantifiable data showing inadequacy of
(c) However, such reservation will not apply to minority
representation of that class in public services. educational institutions.
(d) Reservation to such educational institutions would be
►CONSTITUTION (ONE HUNDRED AND in addition to the existing reservations and subject to
THIRD AMENDMENT) ACT, 2019 a maximum of 10 per cent.

• The proposed reservation of 10% will be over and above AMENDMENT IN ARTICLE 16
the existing 50 per cent reservation enjoyed by the • Article 16 of the Constitution prohibits discrimination in
members of Scheduled Castes, Scheduled Tribes and the employment in any government office. However, as per
Other Backward Classes. This will take the total Article 16(4), the state may make any provision for the
reservation to 60 per cent. reservation of appointments or posts in favour of any
• The proposed reservation intends to include such backward class of citizens which, in the opinion of the
members who do not avail the benefits of reservation. State, is not adequately represented in the services
This includes members in the general category as well under the State.
as members of the minority communities including • The Act amends Article 16 by inserting a new provision
Muslims, Sikhs, Buddhists, Christian and other Article 16(6) where the state may make any provision for
communities who do not enjoy any kind of reservation. the reservation of appointments or posts in favour of any
• Who falls under EWS category? The following are the economically weaker sections of citizens in addition to the
criteria to avail the benefits of reservation of 10 per cent: existing reservation and subject to a maximum of ten per
cent.
ο Persons whose family has gross annual income of less
than Rs. 8 lakh per annum. • The reservation of up to 10% for “economically weaker
sections” in educational institutions and public
ο Persons possess less than 5 acres land
employment will be in addition to the existing reservation.
ο Have agricultural land of less than 5 acres
• The central government will notify the “economically
ο Have a house smaller than 1,000 square feet
weaker sections” of citizens on the basis of family income
ο In a municipality – a residential plot smaller than 100 and other indicators of economic disadvantage.
yards
ο In a non-notified municipality – a residential plot of less ►SEC 144 OF CRPC
than 200 yards.
Article 19 provides the following rights:
Note* "Economically Weaker Sections" shall be notified by
• 19.1(b) - Assemble peaceably and without arms
the State from time to time on the basis of family income and
other indicators of economic disadvantage.’ • 19.1(d) - To move freely throughout the territory of India.

AMENDMENT IN ARTICLE 15 However, reasonably restrictions can be imposed for


maintaining public order and maintaining unity and integrity
• Article 15 of the Constitution prohibits discrimination
of the country.
against any citizen on the grounds of race, religion, caste,
sex, or place of birth. Section 144 of the Criminal Procedure Code (CrPC) of 1973
authorizes the Executive Magistrate (DM and/or SDM etc)
• However, as per Article 15(4), the government may make
to issue an order to prohibit the assembly of four or more
any special provision for the advancement of any socially
people in an area. According to the law, every member of
and educationally backward classes of citizens or for
such 'unlawful assembly' can be booked for engaging in
the Scheduled Castes and the Scheduled Tribes.
rioting.
• The Act inserts a new provision – Article 15(6), whereby

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• Every member of such unlawful assembly can be booked does not apply (A merger is said to take place when two
for engaging in rioting. third of the members have agreed for merger). This was
• Restricts carrying any sort of weapon in that area where it modified by 91st amendment, previously it was one
has been imposed and people can be detained for third.
violating it. • Presiding officer: If a member leaves his party
• The maximum punishment for such an act is three years. temporarily on account of being elected as the presiding
officer of the house to maintain the dignity of the position,
• Duration: No order under Section 144 shall remain in
he is not considered as a defecting member.
force for more than two months but the state
government can extend the validity for two months and
maximum up to six months. It can be withdrawn at any ►SHOULD THE STRENGTH OF LOK
point of time if situation becomes normal. SABHA BE INCREASED
• It can be used to order mobile companies to block voice, Former President Pranab Mukherjee recently pitched for raising
SMS, or Internet communications in one or more the number of Lok Sabha constituencies to 1,000 from the
geographical areas. existing 543 and for a corresponding increase in Rajya Sabha's
strength.

PARLIAMENT AND STATE STRENGTH OF LOK SABHA AND ALLOCATION OF SEATS


• Article 81 of the Constitution defines the composition of
LEGISLATURE the House of the People or Lok Sabha. It states that the
House shall not consist of more than 550 elected
►DISQUALIFICATION OF MLAs members of whom not more than 20 will represent
Union Territories.
Speaker of Karnataka Assembly in July 2019 had disqualified 17
MLAs and they were also barred from contesting any election till • At present, the strength of the Lok Sabha is 543, of which
the current tenure of the present government. This decision of 530 have been allocated to the states and the rest to the
Karnataka Speaker was challenged in Supreme Court. The SC in Union Territories.
its judgment has upheld the decision of Speaker on • Article 81 also mandates that the number of Lok Sabha
disqualification but has allowed these members to contest seats allotted to a state would be such that the ratio
Assembly by-polls. between that number and the population of the state
ANTI-DEFECTION LAW – XTH SCHEDULE - ADDED BY 52
ND is, as far as possible, the same for all states. This is to
AMENDMENT ensure that every state is equally represented. However,
this logic does not apply to small states whose population
As per this process, a Member of Parliament or state
is not more than 60 lakhs.
legislature can be disqualified on the following grounds:
• As per Article 81, population, for the purpose of allocation
MEMBERS OF A POLITICAL PARTY
of seats, means “population as per the last published
• When voluntarily resigned from his party or disobeyed the
Census.
directives of the party leadership on a vote.
WHEN WAS IT CHANGED?
• When does not vote/abstains in accordance to party’s
• The strength of the Lok Sabha hasn’t always been 543
whip.
seats. Originally, Article 81 provided that the Lok Sabha
• However, if the member has taken prior permission, or is
shall not have more than 500 members. The first House
condoned by the party within 15 days from such voting or
constituted in 1952 had 497.
abstention, the member shall not be disqualified.
• Since the Constitution provides for population as the basis
INDEPENDENT MEMBERS
of determining allocation of seats, the lower House’s
• If a member has been elected as “Independent”, he/she composition (total seats as well as readjustment of seats
would be disqualified if joined a political party. allocated to different states) has also changed with each
NOMINATED MEMBERS Census up to 1971.
• Such a member becomes disqualified if he joins a political • A temporary freeze was imposed in 1976 on ‘Delimitation’
party after the expiry of six months from the date on until 2001.
which he takes the seat in the house. WHY WAS IT FROZEN?
EXCEPTIONS TO THESE GENERAL RULES • The population-to-seat ratio, as mandated under Article
• Merger: If a member leaves the party as a result of the 81, should be the same for all states. Although unintended,
merger of party with another party the rule of defection this implied that states that took little interest in

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population control could end up with a greater ascertained by the practice and law that is in force In
number of seats in Parliament. England.
• The southern states that promoted family planning faced PRIVILEGES MAY BE CLASSIFIED INTO TWO GROUPS
the possibility of having their seats reduced.
INDIVIDUAL PRIVILEGES COLLECTIVE PRIVILEGES that
• To allay these fears, the Constitution was amended are enjoyed by the belong to each House of the
during Indira Gandhi’s Emergency rule in 1976 to suspend members individually Parliament collectively
delimitation until 2001.
o Freedom of speech, o Right to publish debates and
• Although the freeze on the number of seats in Lok Sabha proceedings
o Freedom from arrest
and Assemblies should have been lifted after the Census
and o Right to exclude strangers
of 2001, another amendment postponed this until 2026.
This was justified on the ground that a uniform o Exemption from o Right to punish members
population growth rate would be achieved throughout attendance as jurors and outsiders for breach of
the country by 2026. and witnesses. its privileges.

ARGUMENT FOR INCREASING THE SIZE


• India has a "disproportionately large size" of electorate for ►IMPEACHMENT OF US PRESIDENT
elected representatives. Each MP currently represents an Recently, Donald Trump became the third US President to be
average 16-18 lakh Indians — too large a number to be impeached with a majority of Representatives voting in favour of
kept in touch with in a meaningful way. the two articles of impeachment drawn up by House Democrats.
• The last time the strength of Lok Sabha was revised was in The articles, essentially the charges against the President, accuse
1977, which was based on the 1971 census that put the him of abuse of power and obstruction of Congress, both related
total population at 55 crore. to the Ukraine scandal.
• The population since then has more than doubled, and IMPEACHMENT IN US
there is a "strong case" to remove the freeze in the • Impeachment is an accusation, similar to a criminal
delimitation exercise. It should be ideally increased to charge, brought by the House of Representatives.
1,000.
• It does not directly result in removal from office.
• With the total seats remaining the same since the 1970s, it
• The US House of representative (435 members) needs
is felt that states in north India, whose population has
to pass the impeachment motion by a simple majority,
increased faster than the rest of the country, are now
after investigation by judiciary committee.
underrepresented in the Parliament.
• The motion of Impeachment then goes to the Senate
• It is frequently argued that had the original provision of
(Upper House consisting of 100 members), where a trial
Article 81 been implemented today, then states like Uttar
presided by Chief Justice takes place with representative
Pradesh, Bihar and Madhya Pradesh would have gained
from House acting as prosecutors and the President & his
seats and those in the south would have lost some.
attorneys presenting his defence.
• A two-third majority in Senate is necessary to convict and
►PARLIAMENTARY PRIVILEGES remove the President.
Kerala CM accused of Breach of parliamentary privileges • If the President is convicted, the Vice-President takes over
WHAT ARE PARLIAMENTARY PRIVILEGES ? the White House for remaining period of tenure.
• Parliamentary privileges (Art 105 & 194) are special • As of 2019, three presidents have been impeached by
rights, immunities, exceptions enjoyed by the members of the House of Representatives: Andrew Johnson in 1868, Bill
the two houses of Parliament and their committees. Clinton in 1998, and Donald Trump in 2019.
• These rights are also given to those individuals who speak • No president has ever been removed from office via
and participate in any committee of the Parliament, which the impeachment process.
includes the Attorney General of India and the Union IMPEACHMENT IN INDIA
Ministers.
• In India, President can only be impeached for violation of
• It must be noted that President, who is integral part of the the Constitution (Article 61)
parliament, does not enjoy these privileges.
• The motion for impeaching President can be introduced
• The Parliament has not yet codified its privileges. In fact, in any House of Parliament.
the privileges rest on conventions and they may be

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• The charges need to be signed by 1/4th of the members of The scope of the pardoning power of the President under
the House and a 14 d ay notice should be given to the Article 72 is wider than the pardoning power of
President. the Governor under Article 161. The power differs in the
• After the impeachment resolution is passed by a majority following two ways:
of not less than two-thirds of the total membership of a) The power of the President to grant pardon extends in
that House, it is sent to the other to investigate upon the cases where the punishment or sentence is by a Court
charges. Martial but Article 161 does not provide any such power
• If the other house also passes the resolution for to the Governor.
impeachment by a majority of two-thirds of the total b) The President can grant pardon in all cases where the
membership of that House, the President then stands
sentence given is sentence of death but pardoning power
impeached from his office from the date on which the
of Governor does not extend to death sentence cases.
resolution has been passed.
IMPORTANT POINTS
• The power to pardon of the president is exercised on the
►PARDONING POWER OF THE
advice of council of ministers.
PRESIDENT • The SC has held that the pardoning powers of the
In the case of death sentence to perpetuators of Nirbhaya rape President shall be exercised in a resonabe time frame.
case, the pardoning power of the President was discussed. The • There is no proviosn in the constitution to challenge
President has rejected every single mercy plea of the guilty the legality of pardoning power, however, the SC in Epuru
criminals. Sudhakar case has given a small window for judicial
CLEMENCY POWER OF THE PRESIDENT review.
Article 72 of the Indian Constitution says that the President
shall have the power to grant pardons, reprieves, respites ►RECONSTITUTION OF CABINET
or remissions of punishment or to suspend, remit or
commute the sentence of any person convicted of any
COMMITTEES - 2019
offence. Under the Transaction of Business Rules, the Government has

1. Pardon – Completely absolves the offender from all reconstituted Cabinet Committees. According to the constitution

sentences and punishment and disqualifications and (Art 77) the Prident can allocate various business of the

places him in the same position as if he had never government based on the Transaction of Business Rules.

committed the offence. CABINET COMMITTEES HEADED BY


2. Commutation – Exchange of one thing for another or to
Appointments Committee of the Cabinet Prime Minister
replace the punishment with less severe punishment.
Cabinet Committee on Economic Affairs Prime Minister
3. Reprieve – Temporary suspension of death sentence.
4. Respite – Awarding a lesser punishment on some special Cabinet Committee on Political Affairs Prime Minister
grounds like pregnancy etc.
Cabinet Committee on Security Prime Minister
5. Remissions – Reduction of the amount of sentence
Cabinet Committee on Investment and Prime Minister
without changing its character.
Growth
THE PRESIDENT CAN EXERCISE THESE POWERS
Cabinet Committee on Employment & Prime Minister
1. In all cases where the punishment or sentence is by a
Skill Development
court martial;
2. In all cases where the punishment or sentence is for an Cabinet Committee on Parliamentary Union Home
offence against any law relating to a matter to which the Affairs Minister
executive power of the Union extends;
Cabinet Committee on Accommodation Union Home
3. In all cases where the sentence is a sentence of death. Minister
DIFFERENCE BETWEEN PARDONING POWERS OF
A cabinet form of government is a mechanism of
PRESIDENT AND GOVERNOR
parliamentary democracy for ensuring collective
responsibility of the givernmnet to the people (Article 75).

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• It included the study of a modern Indian language,
LANGUAGE preferably one of the southern languages, apart from
Hindi and English in the Hindi-speaking States.
►HINDI AS A COURT LANGUAGE IN
FOR NON-HINDI SPEAKING STATES
ABU DHABI
• In such States Hindi should be studied along with the
Abu Dhabi has included Hindi as the third official language to
regional language and English.
be used in its COURTS.
• It added: Suitable courses in Hindi and/or English should
The Abu Dhabi Judicial Department (ADJD) has announced
also be available in universities and colleges with a view to
that it has extended the adoption of interactive forms of
improving the proficiency of students in these languages
statement of claims filed before courts by including the Hindi
up to the university standards.
language alongside Arabic and English in labour cases.
• Article 351 gives power to the union government to issue a
HINDI IS AN OFFICIAL LANGUAGE OF FIJI.
directive for development of the Hindi language.
GoI has been seeking the status of an official language for
Hindi at the United Nations. Presently, there are six official
languages of the UN - Arabic, English, Russian, French, JUDICIARY
Spanish and Chinese.
►SUPREME COURT STRENGTH
INCREASED
►CASE FOR TULU LANGUAGE TO BE
Supreme Court (Number of Judges) Act of 2019 has added
INCLUDED IN SCHEDULE 8
four judges to strength. It increased the judicial strength from 31
There has been a plea to include Tulu Language in the Eight to 34, including the CJI.
Schedule of the Indian Constitution.
• Article 124 (1): There shall be a Supreme Court of India
• Article 29 protects the interests of the minorities by consisting of a Chief Justice of India and, until Parliament
making a provision that any section of citizens having a by law prescribes a larger number, of not more than seven
distinct language, script or culture has the right to other Judges.
conserve the same.
• Thus, strength of Supreme Court Judges can be increased
• Article 29 mandates that no discrimination would be done through Simple Majority of the Parliament i.e more than
on the ground of religion, race, caste, language or any of 50% of member present and voting each house
them. respectively
• Accordingly, the Parliament passed the SC (No. of judges)
►ARTICLE 351 AND THE LANGUAGE Act 1956 providing for a maximum of 10 judges excluding
FORMULA the CJI.

Draft National Education Policy, 2019, prepared by a committee • In 2009 the law was last amended to increase strength of
headed by Dr Kasturirangan has recommended the proper Supreme Court Judges from 26 to 31 (including CJI).
implementation of the three-language formula. • The Supreme Court of India came into existence on 26th
SALIENT FEATURES of January 1950 and its first sitting was held on 28 January
1950.
• It is commonly understood that the three languages
referred to are Hindi, English and the regional language of NOTE: However, the numbe rof judges of HC will be
the respective States. determined by the order of the president as provided under
Article 216.
• Though the teaching of Hindi across the country was part
of a long-standing system, it was crystallized into a policy APPOINTMENT OF SUPREME COURT JUDGES
in an official document only in the NEP, 1968. • Article 124: Every SC judge shall be appointed by the
• This document said regional languages were already in use President by warrant under his/her hand and seal after
as the medium of education in the primary and secondary consultation with such other Judges of the Supreme Court
stages. and of the High Court in the States as President may deem
necessary for the purpose and shall hold office until he
• At the secondary stage, State governments should adopt
attains the age of 65 years.
and vigorously implement the three-language formula.
• The other judges are appointed by the President
after consultation with the CJI and such other judges of

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the Supreme Court and the high courts as he deems Article 131 is the original and the exclusive jurisdiction of the
necessary. The consultation with the chief justice SC when it is looking at the disputes which have risen
is obligatory in the case of appointment of a judge other between the
than Chief justice. • Union vs State
SEAT OF THE SUPREME COURT • Sate vs States
• Delhi is the seat of the Supreme Court as per the • Union & State Vs State or States
Constitution.
NEED FOR ARTICLE 131
• It also authorises the CJI to appoint other place or places
• In Indian Constitution, SC has been mentioned as the
as seat of the Supreme Court with the approval of the
guardian of the Fundamental Rights guaranteed to us
President.
under Article 13, thus, for any kind of violation of our
• No court can give any direction either to the President or fundamental rights we can go directly to the Supreme
to the Chief Justice to appoint any other place as the seat Court under Article 32 of the Constitution.
of the Supreme Court.
• But when there is a dispute which arises between the
States of India or between the State Government and the
►CURATIVE PETITION (ART 137) Union Government then it is the jurisdiction of the
Curative petitions were filed in the SC by two convicts in the Supreme Court under Article 131 of the Constitution that
Nirbhaya case recently, after their review petition was rejected gives it the power to resolve these kinds of disputes.
by the SC and mercy petition rejected by the President of India. • Article 32 gives the Supreme court original jurisdiction but
WHAT IS A CURATIVE PETITION? not exclusive jurisdiction because of the reason that even
the High Courts have that jurisdiction under Article 226 of
• A curative petition may be filed after a review plea
the Constitution. It is only Article 131 that gives the
against the final conviction is dismissed. It is meant to
court original and an exclusive jurisdiction as it can
ensure there is no miscarriage of justice, and to prevent
solve disputes which arise out of the Presidential and vice-
abuse of process. A curative petition is usually decided by
presidential elections.
judges in chamber, unless a specific request for an open-
court hearing is allowed. • We say that a court enjoys original jurisdiction when it has
got the authority to hear the case in its first instance, but
• Curative petition can be entertained if the petitioner
when we say that it also enjoys exclusive jurisdiction then
establishes there was a violation of the principles of
it means that it is the whole and sole authority to hear and
natural justice, and that he was not heard by the court
determine the case and that no other court has the power.
before passing an order.
• No High court has such jurisdiction.
• It will also be admitted where a judge failed to disclose
facts that raise the apprehension of bias. REQUIREMENT FOR THE INVOKING OF ARTICLE 131

• SC has held that curative petitions must be rare rather • Parties to the dispute
than regular and entertained with circumspection. o It must involve dispute between the Centre and a state;
• A curative petition must be accompanied by certification the Centre and a state on the one side and another
by a senior advocate, pointing out substantial grounds state on the other side; and two or more states.
for entertaining it. It must be first circulated to a bench of o It cannot be used to resolve dispute which involves a
the three senior-most judges, and the judges who passed private party and a Government on the other side
the concerned judgment, if available. Only when a majority
• Subject matter
of the judges conclude that the matter needs hearing
should it be listed — as far as possible, before the same o It must involve a question of law or fact on which the
Bench. existence of a legal right of the state or the Centre
depends.
o It cannot be used to settle political differences
►CENTRE-STATE DISPUTES AND
THE EXCEPTIONS UNDER ARTICLE 131
ARTICLE 131
• Jurisdiction under Article 131 does not extend to the
Recently, Kerala became the first state to challenge
dispute arising out of any treaty, agreement, covenant,
the Citizenship (Amendment) Act before the SC. under Article
engagement, sand or other similar instruments in which
131 of the Constitution.
India entered before the commencement of the
WHAT IS ARTCILE 131? Constitution, which continues in operation after the
commencement of the Constitution. If such dispute arises,
it is the exclusive domain of the executive.

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NOTE: Interstate river water disputes fall within the Non-Bailable Offence -When a person is accused of non-
jurisdiction of Art 262 (not 131). bailable offence, then in such case, bail can only be granted
by the Court and not by an officer. Application for bail has to
be made in Court in such cases of non-bailable offence.
►ANTICIPATORY BAIL NOT TIME
BARRED – SUPREME COURT
►ANDHRA GETS NEW HIGH COURT AT
The SC ruled that no time limit could be fixed while granting
anticipatory bail, and that it could continue till the end of trial. AMRAVATI
The court could extend pre-arrest bail, with suitable conditions, Andhra Pradesh, Telangana to have separate High Courts.
under Section 438 of the Code of Criminal Procedure (CrPC).
WHAT IS ANTICIPATORY BAIL • The High Court for Telangana will function from

Anticipatory Bail has been defined under Section 438 of Hyderabad.


Code of Criminal Procedure – When any person has reason to
• The High Court for Andhra Pradesh will start functioning
believe that he may be arrested on an accusation of having
committed a non- bailable offence, he may apply to the from Amaravati.
High Court or the Court of Session for a direction under this
section; and that Court may, if it thinks fit, direct that in the • The High Court for Telangana is the 25th High Court in
event of such arrest, he shall be released on bail. the country.

LIST OF STATE AND UT’s THAT SHARE HIGH COURTS

Year Name of High courts Territorial Jurisdiction Seat Bench


1862 Kolkata High Court (oldest high Andaman and Nicobar Islands, Kolkata Port Blair
court in India) West Bengal
1862 Chennai High Court Pondicherry,Tamil Nadu Chennai Madurai
1862 Mumbai High Court Goa, Dadra and Nagar Haveli and Mumbai Aurangabad, Nagpur,
Daman and Diu, Maharashtra Panaji
1947 Punjab and Haryana High Court Chandigarh,Haryana,Punjab Chandigarh
1948 Guwahati High Court ArunachalPradesh,Assam,Mizoram, Guwahati Aizwal, Itanagar, Kohima
Nagaland
1928 Jammu and Kashmir High Court Jammu and Kashmir, Ladakh Srinagar & Jammu

►NEW DELHI INTERNATIONAL • International Centre for Alternative Dispute


Resolution (ICADR): The ICADR is a registered society to
ARBITRATION CENTRE (NDIAC) ACT, promote the resolution of disputes through alternative
2019 dispute resolution methods (such as arbitration and
New Delhi International Arbitration Centre (NDIAC) is being mediation). The Bill seeks to transfer the existing ICADR to
developed to make India a hub of institutionalised arbitration. the central government. Upon notification by the central
government, all the rights, title, and interest in the ICADR
• It has been the endeavor of the GoI to establish an
will be transferred to the NDIAC.
independent and autonomous institution for resolving
International and domestic commercial disputes • Composition: Under the Bill, the NDIAC will consist of
expeditiously by Alternative Dispute Resolution (ADR) seven members including:
mechanism. (i) a Chairperson who may be a Judge of the Supreme
• For this purpose, New Delhi International Arbitration Court or a High Court, or an eminent person with
Centre Act, 2019 has been passed to develop NDIAC as an special knowledge and experience in the conduct or
Institution of National Importance. administration of arbitration;
(ii) two eminent persons having substantial knowledge
KEY FEATURES OF THE BILL INCLUDE
and experience in institutional arbitration;
• To provide for the establishment of the NDIAC to conduct
(iii) three ex-officio members, including a nominee from
arbitration, mediation, and conciliation
the Ministry of Finance and a Chief Executive Officer
proceedings. The Bill declares the NDIAC as an institution
of national importance.

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(responsible for the day-to-day administration of the • The Indian Penal Code (IPC) is the official criminal code of
NDIAC); and India. It is a comprehensive code intended to cover all
(iv) a representative from a recognised body of commerce substantive aspects of criminal law.
and industry, appointed as a part-time member, on a • The code was drafted in 1860 on the recommendations of
rotational basis. first law commission of India established in 1834 under the
• Term and superannuation: The members of NDIAC will Charter Act of 1833 under the chairmanship of Macaulay.
hold office for three years and will be eligible for re- • It came into force in British India during the early British
appointment. The retirement age for the Chairperson is Raj period in 1862.
70 years and other members is 67 years.
• However, it did not apply automatically in the Princely
• Objectives and functions of the NDIAC: The key states, which had their own courts and legal systems until
objectives of the NDIAC include (i) promoting research, the 1940s.
providing training and organising conferences and
KEY SECTIONS IN NEWS
seminars in alternative dispute resolution matters; (ii)
providing facilities and administrative assistance for the SECTIONS PROVISIONS
conduct of arbitration, mediation and conciliation
Section Lays down the punishment for
proceedings; (iii) maintaining a panel of accredited
124(a) sedition against the state.
professionals to conduct arbitration, mediation and
conciliation proceedings. Key functions of the NDIAC will Lays down the punishment for every
include: (i) facilitating conduct of arbitration and member of unlawful assembly guilty of
Section 149
conciliation in a professional, timely and cost-effective offence committed in prosecution of
manner; and (ii) promoting studies in the field of common object.
alternative dispute resolution.
Lays down the punishment for deliberate
• Finance and audit: The NDIAC will be required to Section and malicious acts intended to outrage
maintain a fund which will be credited with grants received 295(a) religious feelings of any class by insulting
from the central government, fees collected for its its religion or religious beliefs.
activities, and other sources. The accounts of the NDIAC
Section 499 Lays down the punishment for Criminal
will be audited and certified by the Comptroller and
and 500 defamation
Auditor-General of India.
• Institutional support: The Bill specifies that the NDIAC
will establish a Chamber of Arbitration which will maintain ►NATIONAL INVESTIGATION AGENCY
a permanent panel of arbitrators. Further, the NDIAC may (AMENDMENT) ACT, 2019
also establish an Arbitration Academy for training
WHAT IS THE NIA ACT 2008?
arbitrators and conducting research in the area of
• The law governs the functioning of India’s premier
alternative dispute resolution. The NDIAC may also
counter-terror agency. It was introduced by then home
constitute other committees to administer its functions.
minister P Chidambaram in the wake of the 26/11 Mumbai
Arbitration, a form of alternative dispute resolution, is a terrorist attacks and was passed in Parliament with very
way to resolve disputes outside the courts. The dispute will little opposition.
be decided by one or more persons, which renders the
• The Act makes the National Investigation Agency the only
"arbitration award". An arbitration award is legally binding
truly federal agency in the country, along the lines of the
on both sides and enforceable in the courts.
FBI in the United States, more powerful than the CBI.
• It gives the NIA powers to take Suo motu cognizance of

CRIMINAL LAW REFORM terror activities in any part of India and register a case,
to enter any state without permission from the state
► INDIAN PENAL CODE (IPC) government, and to investigate and arrest people.
CHANGES INTRODUCED IN THE NIA (AMENDMENT) ACT,
Ministry of Home Affairs (MHA) has asked all state governments
2019
to send their suggestions for a major overhaul and recasting of
the Indian Penal Code. There are three major amendments to the National
Investigation Agency (NIA) Act of 2008:

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1) Change in the type of offences that the NIA can • Investigation by NIA: Under the original Act, investigation
investigate and prosecute: Under the existing Act, the of cases may be conducted by officers of the rank of
NIA can investigate offences under Acts such as the Deputy Superintendent or Assistant Commissioner of
Atomic Energy Act, 1962, and the Unlawful Activities Police or above. The Amendment additionally empowers
Prevention Act, 1967. The latest amendments will enable the officers of the NIA, of the rank of Inspector or above, to
the NIA to additionally investigate offences related to investigate cases.
human trafficking, counterfeit currency, manufacture • Insertion to schedule of treaties: The original Act defines
or sale of prohibited arms, cyber-terrorism, and terrorist acts to include acts committed within the scope of
offences under the Explosive Substances Act, 1908. any of the treaties listed in a schedule to the Act. The
2) NIA’s jurisdiction: Under the 2008 Act, for the offences Schedule lists nine treaties, including the Convention for
under its purview, NIA officers have the same power as the Suppression of Terrorist Bombings (1997), and the
other police officers and these extend across the country. Convention against Taking of Hostages (1979). The
The amendment gives NIA officers the power to Amendment adds another treaty to the list. This is the
investigate offences committed outside India. International Convention for Suppression of Acts of
However, NIA’s jurisdiction will be subject to Nuclear Terrorism (2005).
international treaties and domestic laws of other
countries.
►PREVENTION OF DAMAGE TO
3) Special trials courts for the offences that come under
PUBLIC PROPERTY ACT, 1984
NIA’s purview or the so-called “scheduled offences”: The
existing Act allows the Centre to constitute special courts In its crackdown on protesters against the Citizenship
for NIA’s trials. But the amendment enables the Central Amendment Act, the Uttar Pradesh government has directed
government to designate sessions courts as special courts district administrations to serve notices on persons allegedly
for such trials. involved in arson and damage of public property, and direct
them to pay a penalty.

►UNLAWFUL ACTIVITIES SOURCE OF POWER FOR THE GOVERNMENT

(PREVENTION) AMENDMENT ACT, • While issuing these notices, the administration has said it
derives such powers on the basis of an Allahabad High
2019
Court order of December 2, 2010 in Mohammad
Introduced to amend the Unlawful Activities (Prevention) Act, Shujauddin vs State of Uttar Pradesh.
1967. The Act provides special procedures to deal with
• It has said the police are empowered to take penal action
terrorist activities:
under The Prevention of Damage to Public Property Act,
• Under the original Act, the central government may
1984.
designate an organisation as a terrorist organisation if
it: • The High Court order, due to lacunae in the 1984 Act, has
also empowered the civil administration to take action
I. commits or participates in acts of terrorism,
against the accused.
II. prepares for terrorism,
THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT,
III. promotes terrorism, or
1984
IV. is otherwise involved in terrorism.
• It punishes anyone “who commits mischief by doing any
The Amedement additionally empowers the government to act in respect of any public property” with a jail term of
designate individuals as terrorists on the same grounds.
up to five years and a fine or both. Provisions of this law
• Approval for seizure of property by NIA: Under the can be coupled with those under the Indian Penal Code.
original Act, an investigating officer is required to obtain
• Public property under this Act includes “any building,
the prior approval of the Director General of Police to seize
installation or other property used in connection with the
properties that may be connected with terrorism. The
production, distribution or supply of water, light, power or
Amendment adds that if the investigation is conducted by
energy; any oil installation; any sewage works; any mine or
an officer of the National Investigation Agency (NIA), the
factory; any means of public transportation or of
approval of the Director General of NIA would be
required for seizure of such property. telecommunications, or any building, installation or other
property used in connection therewith”.

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►PREVENTIVE DETENTION CRIME/OFFENCE AGAINST THE STATE

Preventive detention has come under wide criticism for its alleged • In the crimes/offences against the state, which includes
misuse. sedition, waging war against the country and damage to
public property, recorded a rise of 30% in comparison to
Preventive detention is to detain a person without trial and
2016.
conviction by a court. Its purpose is not to punish a person
for a past offence but to prevent him from committing an • Highest number of cases in crime against the state has
offence in the near future. been recorded from Haryana, followed by Uttar Pradesh.

Article 22 of the Constitution grants protection to persons CYBER-CRIMES


who are arrested or detained under a preventive detention • In cases of cyber-crimes, Bengaluru has recorded
law. This protection is available to both citizens as well as maximum number of cases followed by the Mumbai and
aliens and includes the following: Jaipur respectively.
• The detention of a person cannot exceed three months ABOUT NCRB
unless an advisory board reports sufficient cause for • NCRB was set-up in 1986 to function as a repository of
extended detention. The board is to consist of judges of a information on crime and criminals so as to assist the
high court. investigators in linking crime to the perpetrators, based on
• The grounds of detention should be communicated to the the recommendations of the National Police Commission
detenu subject to certain exceptions. (1977-1981) and the MHA’s Task force (1985).
• Its headquarter is in Delhi and it comes under the
• The detenu should be afforded an opportunity to make a
Ministry of Home Affairs.
representation against the detention order.
• The Bureau brings out the annual comprehensive statistics
PREVENTIVE DETENTION HAVE BEEN INVOKED UNDER
of crime across the country and publishes it through
LAW
‘Crime in India’ report.
• National Security Act, 1980
• Public Safety Act, 1978 ►AUTOMATED FACIAL RECOGNITION
• Prevention of Black Marketing & Maintenance of Supplies SYSTEM (AFRS)
of Essential Commodities Act, 1980
National Crime Records Bureau is implementing the AFRS project.
• Prevention of Illicit Traffic in Narcotic Drugs and It will use police records. It will be accessible to only law
Psychotropic Substances Act, 1988 enforcement agencies. Salient Features:
• Would help in automatic identification and verification of
persons from digital images, photos, digital sketches,
►NATIONAL CRIME RECORDS BUREAU
video frames and video sources by comparison of
(NCRB): CRIME IN INDIA selected facial features of the image from an already
existing image database.
NCRB has recently released its annual ‘Crime in India’ report for
• Will have repository of photographs of criminals
the year 2017.
• Enhanced ability to detect crime patterns and modus
SOME OF THE FEATURES OF THIS YEAR’S REPORT ARE
operandi across the states and communicate to the state
• List of crimes have remained more or less same this year police departments for aiding in crime prevention
as well except for the inclusion of cyber-crimes and • With the help of the software, the state police personnel
crimes against the state. can check the suspect with the hotlist of criminals.
IMPORTANT FINDINGS OF THE REPORT • Great investigation enhancer for identification of
criminals, missing children/persons. Unidentified dead
CASE REGISTRATION
bodies and unknown traced children/persons.
• Report records an increase in the crime rate of around
OTHER FACIAL RECOGNITION SOFTWARES IN USE ARE:
3.6% in the number of cases registered against 2016.
1. Amazon Rekognition
• Highest crime rate in India was recorded in Delhi (almost 2. Face Recognition and Face Detection by Lambda Labs
four times the national average). 3. Microsoft FACE API
• The national average of crime rate was 238 IPC crime 4. Google Cloud Vision
incidents per lakh of the city’s population. 5. IBM Watson Visual Recognition
6. Chinese SenseTime, Cloudwalk and Yitu

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY

►THE PROTECTION OF CHILDREN • The types of protection measures envisaged under the
scheme are to be applied in proportion to the
FROM SEXUAL OFFENCES (POCSO) threat and they are not expected to go on for infinite time.
ACT, 2019 • There should be safeguards that witnesses and accused
Union Cabinet approved amendments to strengthen the POCSO do not come face to face during investigation or trial and
Act by including death penalty for aggravated sexual assault on adequate security measures should be there for the safety
children. of the witnesses.
Key amendments suggested include: • The scheme provides for identity protection and giving a
• The act aims at making offences against children gender- new identity to the witness.
neutral. • Police escort will be provided to witnesses who are
• It extends definition of ‘Sexual Assault’ to incorporate threatened and, if needed, they would be relocated to a
administration of hormones or chemical substances to safe house.
children to attain early sexual maturity for the purpose of • Mails and phone calls of the witnesses would be
penetrative sexual assault. monitored to trace the person threatening them.
• The amendment defines child pornography and makes it • Witness deposition complexes will be set up in all
punishable. It provides that those who use a child for district courts by the states and union
pornographic purposes should be punished with territories within a year where the witnesses could
imprisonment up to five years and fine. However, in the fearlessly depose against the high and mighty without
event of a second or subsequent conviction, the coming face-to-face with the accused.
punishment would be up to seven years and fine. • It has three categories of witnesses based on the threat
• The amendments also penalize the transmitting of perception:
pornographic material to children and propose to ο Category ‘A’: Where the threat extends to life of
synchronise it with the Information Technology Act. witness or his family members and their normal way
• The Act seeks to enhance punishment for sexual offences of living is affected for a substantial period, during
against children, with a provision of death penalty. investigation/trial or even thereafter.
• Penetrative sexual assaults on a child below 16 years of ο Category ‘B’: Where the threat extends to safety,
age would be punished with imprisonment up to 20 years, reputation or property of the witness or his family
which might extend to life imprisonment as well as fine. members, only during the investigation process or trial.
• For aggravated penetrative sexual assault, the Act ο Category ‘C’: Where the threat is moderate and
increases the minimum punishment from ten years to 20 extends to harassment or intimidation of the witness
years, and the maximum punishment to death penalty. or his family member’s, reputation or property, during
the investigation process.
►INDIA GETS FIRST WITNESS • Scheme provides for a State Witness Protection Fund
for meeting the expenses of the scheme. This fund
PROTECTION SCHEME
shall be operated by the Department/Ministry of Home
Recently the Supreme Court has approved the draft witness Affairs under State/UT Government and shall comprise of
protection scheme. It has asked all the states to implement the the following:
same till Parliament brings the legislation which can be
ο Budgetary allocation made in the Annual Budget
implemented across India.
by the State Government;
Justice Malimath Committee (2003) on criminal justice
ο Receipt of amount of costs imposed/ ordered to be
system and the law commission (in 2006) have
deposited by the courts/tribunals in the Witness
recommended for separate witness protection law.
Protection Fund;
HIGHLIGHTS OF THE DRAFT SCHEME
ο Donations/ contributions from Philanthropist/
The witness protection scheme (draft) has been prepared in Charitable Institutions/ Organizations and
consultation with individuals permitted by the Government.
ο National Legal Services Authority (NALSA) and
ο Funds contributed under Corporate Social
ο Bureau of Police Research and Development (BPRD) Responsibility.

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
CRITERIA FOR DEVOLUTION (2020-21)
COMMISSION th th
14 FC 15 FC
►CABINET APPROVES EXTENSION OF CRITERIA
2015-20 2020-21
TERM OF 15TH FINANCE COMMISSION
Income Distance 50.0 45.0
The interim report of the 15th Finance Commission (FC) has been
tabled in Parliament. Population (1971) 17.5 -

• The interim report was tabled because the economy is in a Population (2011) 10.0 15.0
downward spiral and hence, it is difficult to make
Area 15.0 15.0
calculations for growth and related projections. This makes
it difficult to distribute resources between the centre and Forest Cover 7.5 -
the states.
Forest and Ecology - 10.0
• Moreover, with the change of state status of J&K to that of
UT, commission has to recalibrate the distribution ratio for Demographic Performance - 12.5
the states. Tax Effort - 2.5
FOR FINANCE COMMISSION (refer Page No. 82)
TOTAL 100 100
TH
ABOUT 15 FINANCE COMMISSION
• It is headed by N K Singh.
►LAW COMMISSION OF INDIA
• The recommendations would be applicable for the period
Union Cabinet approves constitution of 22nd Law Commission
from 2020-2025.
of India for a period of 3 years.
• Its term of reference:
• Law Commission of India is neither a constitutional
ο The distribution of tax proceeds between the centre body nor a statutory body, it is an executive body
and states established by an order of the Government of India. Its
major function is to work for legal reforms.
ο Principles governing grant in aid to the states
• The Commission is established for a fixed tenure and
ο Measures to be taken to augment the consolidated fund
works as an advisory body to the Ministry of Law and
of states
Justice.
ο Review the impact of the 14th Finance Commission
• Law Commission has 7 members in total which include
recommendations on the fiscal position of the centre
ο Chairman,
ο Review the debt level of the centre and states, and
ο 1 Permanent Member,
recommend a roadmap
ο 1 Member Secretary,
ο Study the impact of GST on the economy
ο 2 Part-time Members, and
ο Recommend performance-based incentives for states
ο 2 ex-officio members
based on their efforts to control population, promote
• The Reports of the Law Commission are considered by the
ease of doing business, and control expenditure on
Ministry of Law in consultation with the concerned
populist measures, among others administrative Ministries and are submitted to Parliament
ο Should there be a provision of revenue deficit grants? from time to time.

KEY RECOMMENDATIONS IN THE FIRST REPORT (2020-21 FUNCTIONS OF LAW COMMISSION


PERIOD) • To identify laws which are no longer needed or relevant
Devolution of taxes to states: The share of states in the and can be immediately repealed.

centre’s taxes is recommended to be decreased from 42% • To examine the existing laws in the light of Directive
during the 2015-20 period to 41% for 2020-21. The 1% Principles of State Policy and suggest ways of
improvement and reform and also suggest such
decrease is to provide for the newly formed union
legislations as might be necessary to implement the
territories of Jammu and Kashmir, and Ladakh from the
Directive Principles and to attain the objectives set out in
resources of the central government.
the Preamble of the Constitution;

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• To consider and convey to the Government its views on ►NATIONAL HUMAN RIGHTS
any subject relating to law and judicial administration that
may be specifically referred to it by the Government
COMMISSION (NHRC) & STATE HUMAN
through Ministry of Law and Justice. RIGHTS COMMISSION (SHRC)
• To Consider the requests for providing research to any Major provisions of the PROTECTION OF HUMAN RIGHTS
foreign countries as may be referred to it by the (AMENDMENT) ACT, 2019:
Government through Ministry of Law and Justice.
• To take all such measures as may be necessary to harness The amendment introduces changes to the Protection of
law and the legal process in the service of the poor. Human Rights Act, 1993. The Act provides for a National
• To revise the Central Acts of general importance so as to Human Rights Commission (NHRC), State Human Rights
simplify them and remove anomalies, ambiguities and
Commissions (SHRC), as well as Human Rights Courts.
inequities.

PROVISIONS ORIGINAL ACT NEW AMENDMENTS


Composition • Retired Chief Justice of the Supreme Court. • Retired Chief Justice of the Supreme Court, or a Judge of
of NHRC • Two persons having knowledge of human the Supreme Court.
rights to be appointed as members. • Three members to be appointed, of which at least one
• Chairpersons of various commissions such as will be a woman.
the National Commission for Scheduled • Chairpersons of the National Commission for Backward
Castes, National Commission for Scheduled Classes, the National Commission for the Protection of
Tribes, and National Commission for Women Child Rights, and the Chief Commissioner for Persons with
are members. Disabilities as members
Chairperson • Retired Chief Justice of a High Court • Retired Chief Justice or Judge of a High Court will be
of SHRC chairperson of a SHRC.
Term of • Five years or till the age of seventy years, • Three years or till the age of seventy years, whichever
office whichever is earlier. is earlier.

Powers of • Secretary-General of the NHRC and a • Secretary-General and Secretary to exercise all
Secretary- Secretary of a SHRC to exercise powers as administrative and financial powers (except judicial
General may be delegated to them. functions), subject to the respective chairperson’s control.
Union • Central government may confer on a SHRC human rights
Territories functions being discharged by Union Territories.
• Functions relating to human rights in the case of Delhi
will be dealt with by the NHRC.

►NATIONAL MEDICAL COMMISSION 2. Post-Graduate Medical Education Board to set


standards and regulate education
(AMENDMENT) ACT, 2019
3. Medical Assessment and Rating Board to carry out
The National Medical Commission Bill, 2019 was passed. It
inspections and to assess and rate the medical
seeks to regulate medical education and practice in India.
institutions.
SALIENT FEATURES OF THE ACT
4. Ethics and Medical Registration Board to regulate
• Constitution of a National Medical Commission for professional conduct and promote medical ethics
development and regulation of all aspects relating to amongst medical practitioners and medical professionals
medical education, medical profession and medical and to maintain a national register of all licensed medical
institutions. practitioners and a separate national register of
• It provides for creation of Medical Advisory Council to Community Health Providers.
advise and make recommendations to the Commission. • Holding of a uniform National Eligibility-cum-Entrance
• It aims to create 4 Autonomous Boards namely: Test for admission to undergraduate and postgraduate
1. Under-Graduate Medical Education Board to set super-speciality medical education.
standards and regulate education • Holding of a Uniform National Exit Test for granting
licence to practice medicine as medical practitioners and

24
RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
for enrolment in the State Register or the National • Make reports to the Central or State Governments on any
Register and it shall also be the basis for admission to the matter concerning Safai Karamcharis, taking into account
postgraduate broad-speciality courses. any difficulties or disabilities being encountered by Safai
• Permission for establishment of new medical college, for Karamcharis.
starting postgraduate courses and to increase number of FUNCTIONS OF THE NCSK AS ENVISAGED UNDER THE
seats to be obtained by medical institutions. PROHIBITION OF MANUAL SCAVENGING ACT
• Recognition of medical qualifications granted by 1) Monitor the implementation of Prohibition of Manual
universities and medical institutions in India and outside Scavenging Act
India and also for recognition of medical qualifications 2) Enquire into complaints regarding contravention of the
granted by statutory and other bodies in India as listed in provisions of Prohibition of Manual Scavenging Act and to
the Schedule. convey its findings to the concerned authorities with
• Maintenance of a National Register containing the name, recommendations requiring further action
address, recognised qualifications possessed by a licensed 3) Advise the Central and State Governments for effective
medical practitioner. implementation of the provisions of this act
• Grant of limited licence to practice medicine at mid-level to 4) To take Suo-moto notice of matter relating to non-
persons connected with modern scientific medical implementation of this Act
profession to be called Community Health Providers.
NCSK will have power to call for information from any
• Constitution of a National Medical Commission Fund for Government or local or other authority with respect to any
crediting government grants, fees, penalties and charges. matter specified.
• The repeal of the Indian Medical Council Act, 1956 and for
dissolution of the Medical Council of India.
ELECTION
►NATIONAL COMMISSION FOR SAFAI
►ELECTION COMMISSION (EC)
KARMACHARIS (NCSK) th
India’s 17 Lok Sabha general elections were held in April 2019
The Union Cabinet has approved the proposal for Extension of
and recently in Delhi legislative election were held and election
tenure of the National Commission for Safai Karamcharis
commission has conducted its duties in a democratic fashion. EC
(NCSK) beyond 31.3.2019 for three years.
imposes MCC before the elections to ensure free amd fair
ABOUT NCSK
elections.
• It is a non-statutory body.
FOR ELECTION COMMISSION (refer Page No. 83)
• The tenure of the body has been extended from time to
time.
• Major beneficiaries of the proposal would be the Safai ►MODEL CODE OF CONDUCT (MCC)
Karamcharis and persons engaged in manual scavenging, • MCC is the set of guidelines issued by the Election
since the NCSK will work for their welfare and upliftment. Commission of India (EC) for the conduct of political
ROLE OF NCSK parties and candidates during elections.
• Recommend to the Central Government specific programs • The MCC is operational from the date that the election
of action towards elimination of inequalities in status,
schedule is announced till the date that results are
facilities and opportunities for Safai Karamcharis
announced.
• Study and evaluate the implementation of programs and
• The MCC is not enforceable by law. However, certain
schemes relating to the social and economic
provisions of the MCC may be enforced through invoking
rehabilitation of Safai Karamcharis and scavengers in
particular corresponding provisions in other statutes such as the
Indian Penal Code, 1860, Code of Criminal Procedure,
• To study and monitor the working conditions, including
those relating to health, safety and wages of Safai 1973, and Representation of the People Act, 1951.
Karamcharis working under various kinds of employers • Kerala was the first state to adopt a code of conduct for
including Government, Municipalities and Panchayats, and elections in 1960 assembly elections.
to make recommendations in this regard.

25
RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
KEY PROVISIONS OF THE MODEL CODE OF CONDUCT ►PWD, PEOPLE OVER 80 YEARS OF
• MCC prohibits the central and state government
AGE & IN ESSENTIAL SERVICES CAN
ministers from using official machinery for election
work and combining official visits with electioneering. NOW VOTE THROUGH POSTAL
• During the time the code is in force Ad hoc appointments BALLOT
cannot be made in government or public undertaking. Postal Ballot facilities expanded.
• Ministers can’t enter any polling station or counting • On the recommendation of the Election Commission, the
centre except in their capacity as a voter or a Ministry of Law and Justice has amended the Conduct of
candidate. Election Rules, 1961, allowing senior citizens, person
• MCC prohibits the government or incumbent party with disabilities as well as those who are left out due to
leaders from launching new welfare programmes. their engagements in discharge of essential services
e.g., railways, state transports and aviation etc, in
• But the code does not stand in the way of on-going
the ‘absentee voter’ list.
schemes of development work or welfare, relief and
rehabilitation measures meant for people suffering from • The absentee voter refers to a vote cast by someone who
drought, floods, and other natural calamities. EC forbids is unable to go to the polling station.
the use of these works for election propaganda. • Before this amendment, voting through postal ballot was
• It prohibits the issue of advertisement at the cost of available to armed forces and those assigned poll
public exchequer in newspapers during the election duties.
period.
• Code instructs that public spaces like meeting grounds, ►ELECTRONICALLY TRANSMITTED
helipads, government guest houses, and bungalows POSTAL BALLOT (ETPB)
should be equally shared among the contesting
• ETPBS is developed by Election Commission of India with
candidates. These public spaces should not be
the help of Centre for Development of Advanced
monopolised by a few candidates.
Computing (C-DAC), for the use of the Service Voters.
HAS THE MCC BEEN RECENTLY AMENDED?
• It is a fully secured system, having two layers of
• EC has amended the MCC prohibiting political parties from security. Secrecy is maintained through the use of OTP
releasing their manifestos in the last 48 hours leading up and PIN and no duplication of casted Electronically
to voting in each phase of the coming Lok Sabha elections. Transmitted Postal Ballot (ETPB) is possible due to the
• This change has been made in Part 8 of the MCC, which unique QR Code.
deals with poll manifestos. The EC’s decision stems from • Through this system the service voters cast their vote on
the recommendation of a 14-member panel to set up to an electronically received postal ballot, from anywhere
revisit the MCC. outside their constituency, thus reducing the chances of
losing the voting opportunity.
►VVPAT (VOTER VERIFIABLE PAPER
AUDIT TRAIL) ►SERVICE VOTERS
• VVPAT is a specific machine that is used in elections to In cases of close contests, service voters play crucial and
verify that the citizen’s vote has been correctly placed. decisive role. Service voter are those who have service
• The Commission has decided to use VVPAT along with qualification.
Electronic Voting Machine (EVM) at every polling station of WHO IS A SERVICE VOTER?
all the States and Union Territories to enhance the
1. People serving in the Armed Forces of the Union
transparency and credibility of the election process as
2. Those serving in a Force to which Army Act 1950 applies -
VVPAT allows the voter to verify his/her vote.
members of Indian Army, Navy and Air Force and
• After a voter presses the button confirming their vote for
personnel of General Reserve Engineer Force (Border
their chosen candidate or NOTA, the VVPAT machine prints
Road Organization), Border Security Force, Indo Tibetan
a slip containing the name of the candidate and the
Border Police, Assam Rifles, National Security Guards,
corresponding election symbol and automatically drops it
Central Reserve Police Force, Central Industrial Security
in a sealed box.
Force and Sashastra Seema Bal are eligible to be
registered as service voters.

26
RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
3. Those employed under the Government of India, in a post • NOTA - None of the Above - If a voter chooses to press
outside India. NOTA it indicates that the voter has not chosen to vote
for any of the party.
4. Member of an Armed Police Force of a State, serving
outside that state. • The option of NOTA for Lok Sabha and assembly
elections was prescribed by the SC in 2013. The option of
CLASSIFIED SERVICE VOTER
NOTA in RS polls was introduced by the EC in 2014.
• The Service Voter can either vote through: 1. Postal
• India became the 14th country to institute negative
Ballot or 2. Through a proxy. It means that they are
voting.
entitled to appoint any person as their proxy to cast vote
on their behalf and in their name at the polling station. • Earlier, in order to cast a negative ballot, a voter had to
inform the presiding officer at the polling booth. A NOTA
• A service voter who opts for voting through a proxy is
vote doesn’t require the involvement of the presiding
called Classified Service Voter (CSV).
officer.
ABOUT PROXY
• State Election Commission of Haryana in compliance with
• The proxy selected must be an ordinary resident of the
the Supreme Court’s directive in PUCL v Union of India, has
same constituency as that of the service voter.
issued an order regarding application of NOTA option in
• The proxy need not be a registered voter but must not be the local body elections. As per the notification, NOTA
disqualified to be a registered voter. The proxy appointed shall be treated as a ‘Fictional Electoral Candidate’
by the service voter must fill Form 13F and must send the while declaring the election results. So, in case, a
form to the Returning Officer after getting it signed by contesting candidate and the “Fictional Electoral Candidate’
Notary or First-Class Magistrate. i.e. NOTA receive highest equal number valid votes then
• Once appointed, the proxy will continue until his/ her the contesting candidate (not NOTA) shall be declared as
appointment is revoked. elected. However, if in any election, all the contesting
candidates individually receive lesser votes than the
‘Fictional Electoral Candidate’ i.e. NOTA, then none of the
►VOTING RIGHTS OF PRISONERS
contesting candidates will be declared as elected and re-
The Supreme Court is hearing a plea filed by a law student election shall be held for the seat.
questioning an electoral law which denies undertrials and
convicts their right to vote.
►ELECTORAL BOND
• The petition has been moved under Article 32 of the
The Supreme Court has refused to withdraw electoral bonds but
Indian Constitution.
directed all political parties to submit receipts of amounts
• Section 62(5) of the RP Act of 1951 mandates that “no
received and details of identity of donors in a sealed cover to the
person shall vote at any election if he is confined in a
Election Commission.
prison, whether under a sentence of imprisonment or
The concept of electoral bond was introduced in the Budget
transportation or otherwise, or is in the lawful custody of
of 2017-18 for political funding. Electoral Bond is a bearer
the police”.
Banking Instrument to be used for funding eligible
• The provisions however exempt a person held under
Political Parties.
preventive detention from this rigor.
FEATURES OF ELECTORAL BOND
• Article 326: The elections to the House of the People and
to the Legislative Assembly of every State shall be on the • Electoral Bonds may be purchased by a person, who is a
basis of adult suffrage; citizen of India or incorporated or established in India.
A person being an individual can buy Electoral Bonds,
• Grounds of disqualification: On the ground of non-
either singly or jointly with other individuals.
residence, unsoundness of mind, crime or corrupt or
illegal practice, shall be entitled to be registered as a voter • The purchaser would be allowed to buy Electoral Bonds
at any such election. only on fulfilment of all KYC norms and by making
payment from a bank account. It will not carry the name of
payee.
►NOTA
• Political parties are allotted a verified account by the
Election Commission has released a report on NOTA votes cast in
Election Commission and all the electoral bond
recent elections.
transactions are done through this account only.

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RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• Only political parties registered under Section 29A of ►POLITICAL PARTIES REGISTRATION
the Representation of the Peoples Act, 1951 and has
TRACKING MANAGEMENT SYSTEM
secured no less than one per cent votes in the last Lok
Sabha elections are eligible to receive electoral bonds. (PPRTMS)
• Bond(s) would be issued/purchased for any value, in The Election Commission has launched an online system to allow
multiples of Rs.1,000, Rs.10,000, Rs.1,00,000, Rs.10,00,000 political parties track their applications for the registration with
and Rs.1,00,00,000 from the Specified Branches of the the poll panel on a real-time basis.
State Bank of India (SBI). WHAT IS PPRTMS?
• Electoral Bonds shall be valid for fifteen days from the • PPRTMS is being implemented through an online portal,
date of issue. to facilitate tracking of status of application by
applicants.
• Applicants, applying for the party registration from
►SYSTEMATIC VOTERS’ EDUCATION January 1, 2020 will be able to track the progress of
AND ELECTORAL PARTICIPATION his/her application and will get the status update through
PROGRAM (SVEEP) SMS and e-mail.

ECI highlighted its flagship program, SVEEP in Conference on • The registration of political parties is governed by the
‘Making our Elections Inclusive and Accessible’ provisions of section 29A of the Representation of the
People Act, 1951.
• SVEEP, is the flagship program of the Election Commission
of India started in 2009 for voter education, spreading • An association seeking registration has to submit an
voter awareness and promoting voter literacy in India. application to the Commission within a period of 30 days
from the date of its formation.
• SVEEP is designed according to the socio-economic,
cultural and demographic profile of the state as well
as the history of electoral participation in previous ►SPECIAL EXPENDITURE OBSERVERS
rounds of elections and learning thereof. For elections to the Legislative Assembly of Maharashtra, the
ECI has appointed two Special Expenditure Observers (SEO).
►INDELIBLE INK • The Special Expenditure Observers are appointed in the
Indelible Ink was in news with respect to the Lok Sabha Elections. exercise of the powers conferred on ECI under Article 324
of the Constitution and the Representation of the
• Indelible Ink (also called voting ink) refers to the violet-
People Act, 1951.
coloured ink in India that is applied on a voter’s
• The SEO would be required to watch the conduct of
forefinger after they exercises their vote.
Elections with special emphasis on controlling the abuse of
• Indelible Ink is put on the left hand finger nail of the voter.
money power, in consultation with the Chief Electoral
• It is a solution of Silver Nitrate which stains the skin on Officer.
exposure to ultraviolet. Silver nitrate reacts with the salt
• The SEO will be supervising and monitoring the work being
present on our skin to form silver chloride which is not
done by the electoral machinery and ensure that stringent
soluble in water and hence cannot be easily washed or
and effective enforcement action is undertaken.
removed. It stays for a few months.
• Their actions would be based on intelligence inputs and
• In India, Mysore Paints and Varnish Limited (MPVL)
complaints received through C-VIGIL (voter’s helpline
specializes in manufacture and supply of quality Indelible
app), Voter Helpline no. (1950) against all
Ink. This is done in association with the Election
persons/entities trying to induce voters by distributing
Commission of India, National Physical Laboratory and
cash, liquor & freebies etc. in order to vitiate the poll
National Research Development Corporation.
process.
• MPVL is the sole authorized supplier of this type of
foolproof Indelible Ink in India having exclusive license
granted by National Research Development Corporation GOVERNANCE
(NRDC), New Delhi since 1962.
► RIGHT TO INFORMATION (RTI) ACT
• The company is the sole supplier of indelible ink for civic
body, Assembly and Parliamentary polls. • Amendment to RTI Act, 2005 proposed via legislation.
• RTI ambit expanded via Supreme Court rulings

28
RAU’S IAS FOCUS SPECIAL EDITIONS | PRELIMS COMPASS (C3 CURATION) for CSE 2020
CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
 KEY FEATURES OF RIGHT TO INFORMATION ► CENTRALIZED PUBLIC GRIEVANCE
(AMENDMENT) ACT, 2019
REDRESS AND MONITORING SYSTEM
• The Bill changes the terms and conditions of service of the
Central Information Commission (CIC) and Information (CPGRAMS)
Commissioners (ICs) at the centre and in states. • CPGRAMS is an online web-enabled system developed
• Term & Conditions of Service: The Amendment Act by National Informatics Centre (Ministry of Electronics &
allows Central government to notify term of office for CIC IT [MeitY]), in association with Directorate of Public
and ICs while as per RTI Act, 2005, CIC at the central level Grievances (DPG) and Department of Administrative
and ICs at state level will hold office for a term of 5 years.
Reforms and Public Grievances (DARPG).
• Quantum of Salary: According to the Act the salaries,
• The platform based on web technology aims to enable
allowances, and other terms and conditions of service of
CIC and ICs will be determined by central government. submission of grievances by the aggrieved citizens from
While as per RTI Act the salary of CIC and ICs will be anywhere and anytime (24×7).
equivalent to the salary paid to the Chief Election
Commissioner (CEC) and Election Commissioners (EC)
►AADHAAR AMENDMENT ACT, 2019
respectively.
Aadhaar and Other Laws (Amendment) Bill, 2019 was passed
AMBIT OF RTI EXPANDED
by the Parliament. Now, no individual can be compelled to
The following are “public authorities” as per the RTI Act of
provide proof of Aadhaar number unless provided by the
2005 and therefore fall under its ambit:
law, and that Aadhaar number on voluntary basis shall
• Non-governmental organisations (NGOs) “substantially”
financed by the government be accepted as KYC document. Key highlights are:

• Office of the Chief Justice of India (CJI)

THE AADHAAR ACT PROVIDED FOR CHANGES VIA THE AMENDMENT


OFFLINE VERIFICATION OF AADHAAR NUMBER HOLDER
An individual’s identity may be verified by
Offline Verification is also allowed without ‘authentication’ through modes
Aadhaar ‘authentication’.
specified by the UIDAI by regulations. During offline verification, the agency must
Authentication involved submitting the
• obtain the consent of the individual,
Aadhaar number, and their biometric or
• inform them of alternatives to sharing information, and
demographic information to the Central
• not collect, use or store Aadhaar number or biometric information.
Identities Data Repository for verification.
VOLUNTARY USE OF AADHAR
• It is not mandatory to use Aadhaar for availing services/ benefits. An
Individual may voluntarily use his Aadhaar number to establish his identity,
by authentication or offline verification.
• Authentication of an individual’s identity via Aadhaar, for the provision of any
service, may be made mandatory only by a law of Parliament.
Use of Aadhaar number as proof of • The Bill amends the Telegraph Act, 1885 and the Prevention of Money
identity of a person, subject to Laundering Act, 2002. Telecom companies & Banking companies and FIs
authentication. may verify the identity of their clients by:
• authentication or offline verification of Aadhaar,
• passport, or
• any other documents notified by the central government.
• The client has the choice to use either mode to verify his identity and no
person shall be denied any service for not having an Aadhaar number.
AADHAAR NUMBER CANCELLATION FOR YOUNG ADULTS
A young adult did not have the provision Option to apply for cancellation of Aadhaar number by its holder, within six
of opting out. months of attaining 18 years of age
DISCLOSURE OF INFORMATION IN CERTAIN CASES
• Restrictions on security and • Such disclosure is only for orders by High Courts (or above).

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confidentiality of Aadhaar related • Such disclosure to be made on directions of officers not below the rank of a
information did not apply in case the Secretary.
disclosure is pursuant to an order of a
District Court (or above).
• An officer not below the rank of a Joint
Secretary may issue directions for
disclosing information in the interest of
national security.
 NEW UNIQUE IDENTIFICATION AUTHORITY OF INDIA FUND
UIDAI fee/revenue to be credited to the All fees, grants, and charges received by the UIDAI shall be credited to the new
Consolidated Fund of India. UIDAI Fund.
 COMPLAINTS
Courts can take cognizance of an offence Individual are allowed to register complaints in certain cases, including
only if the UIDAI registers a complaint. impersonation or disclosure of their identity.
NEW AADHAAR ECOSYSTEM
Aadhaar ecosystem is defined to include enrolling agencies, requesting agencies,
Aadhaar ecosystem was not a part of the
and offline verification-seeking entities. It allows the UIDAI to issue directions to
Act originally
them, if necessary, for the discharge of its functions under the Act.
 PENALTIES
• UIDAI may initiate a complaint against an entity in the Aadhaar ecosystem for
failure to
(i) comply with the Act or the UIDAI’s directions, and
(ii) furnish information required by the UIDAI.
• Adjudicating Officers appointed by the UIDAI shall decide such matters, and
may impose penalties up to one crore rupees on such entities.
• The Telecom Disputes Settlement and Appellate Tribunal shall be the
appellate authority against decisions of the Adjudicating Officer.

► FOREIGN CONTRIBUTION • The Act prohibits acceptance and utilization of foreign


contributions or foreign hospitality for any activities
(REGULATION) ACT/ FCRA detrimental to national interest.
Several foreign-funded NGOs were stalling India’s economic
• It also barred several organizations, including those of a
growth by their obstructionist activism, as per an Intelligence
political nature from receiving foreign funding.
Bureau (IB) report, submitted to the PMO in June 2019. The
• Organizations of ‘political nature’ can accept foreign
report accused Greenpeace of attempting to destabilize India’s
contribution only upon prior permission from the Ministry
energy mix in collusion with a US-based anti-coal lobbying group.
of Home Affairs.
• Earlier, in 2015, the Home Ministry had cancelled the FCRA
• For other organisations like NGOs it is mandatory to
licenses of 10,000 organisations.
register under FCRA to receive foreign contribution.
THE FCRA 1976
2014 RULING OF THE DELHI HIGH COURT
• It prohibits any financial contribution from any foreign
The Delhi High Court in 2014 had directed the Centre and the
source or company to a political party registered in India.
Election Commission to take appropriate action against the
• This prevented the companies owned by foreign nationals
Congress and the BJP for allegedly accepting foreign funds in
or Indian-origin people based abroad and with foreign
violation of the law.
citizenship, to fund political parties in India.
FINANCE ACT 2016
THE FCRA 2010
• Changed the definition of a foreign company.
• It repealed the FCRA 1976
o A firm with less than 50% of share capital held by a
• Gave more authority to enforcement agencies to regulate
foreign entity would no longer be a foreign source any
donations from abroad.
more.
o This left room for some categories of foreign funding of
political parties.

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• This amendment also came into effect retrospectively from • The Search Committee is constituted for the purpose of
September 2010. recommending a panel of names for the appointment of
• However, the foreign funds received by political parties Chairperson and members of Lokpal.
before 2010 are open to scrutiny. • The Names proposed by the search committee would be
FINANCE ACT 2018 scrutinised by the selection committee, consisting of—

The Finance Bill 2018 sought to push this year to 1976. In ο the Prime Minister—Chairperson;

effect the foreign funding from 1976 came out of the purview ο the Speaker of the House of the People—Member;

of scrutiny of the Ministry of Home Affairs. ο the Leader of Opposition in the House of the People—
Member (The Lokpal and Lokayuktas (Amendment)
NGOs AND FCRA
Act, 2016 - enabled the leader of the single largest
• NGOs having a definite cultural, economic, educational, opposition party in the Lok Sabha to be a member of
religious or social programme can get foreign contribution,
the selection committee in the absence of a recognized
with prior permission. Leader of Opposition)
• An NGO must be in existence for at least three years for ο the Chief Justice of India or a Judge of the Supreme
registration. Court nominated by him—Member;
• All funds received by a NGO must be used only for the ο one eminent jurist, as recommended by the
purpose for which they were received. Chairperson and Members
• Every registered NGO must file an annual report with • The Chairperson and every Member shall, on the
income and expenditure statement, receipt and payment recommendations of the Selection Committee,
account, and balance sheet for the relevant financial year. be appointed by the President by warrant under his
hand and seal and hold office as such for a term of five
• All the members and office bearers of an NGO will have to
years or until he attains 70 years of age (whichever is
file an affidavit regarding abiding by FCRA provisions, as
per Foreign Contribution (Regulation) Rules. earlier).
JURISDICTIONS AND POWERS OF LOKPAL

►LOKPAL • Lokpal have jurisdiction to inquire allegations of corruption


against Prime Minister, Ministers, members of Parliament,
After six years of coming into effect of Lokpal and Lokayukta Act,
officers belonging to Group A, B, C and D and officials of
2013, it is yet to play a significant role in tackling corruption in
Central Government.
the country.
• The Lokpal on receipt of a complaint, may order
• It establishes Lokpal for the Union and Lokayukta for
preliminary inquiry against any public servant by its
States to inquire into allegations of corruption against
Inquiry Wing or any agency including the Delhi Special
certain public functionaries.
Police Establishment.
• It provides for an Enquiry Wing and a Prosecution
• Lokpal shall refer complaints of corruption against public
Wing to deal with cases of corruption.
servants to Central Vigilance Commission and the CVC
• The Inquiry wing conducts preliminary inquiry into after making preliminary enquiry –
alleged cases of corruption against public servants
ο In respect of public servants belonging to Group A and
under Prevention of Corruption Act, 1988 whereas
Group B - shall submit its report to the Lokpal.
the Prosecution Wing file cases before the Special
ο In case of public servants belonging to Group C and
Court to prosecute public servants under Prevention of
Group D - the Commission shall proceed in accordance
Corruption Act, 1988.
with the provisions of the Central Vigilance
ESTABLISHMENT OF LOKPAL Commission Act, 2003.
• Lokpal shall consist of a Chairperson, who is or has been • Lokpal can also inquire against any society or trust or body
a Chief Justice of India or is or has been a Judge of the that receives foreign contribution above Rs.10 lakh.
Supreme Court or an eminent person
• Lokpal Act creates Special Courts to hear and decide the
• It shall have a maximum of eight members of which half cases arising out of the Prevention of Corruption Act, 1988
shall be judicial members and minimum 50% of the or under the Lokpal Act involving public servants.
Members will be from SC/ ST/ OBC/ Minorities and
• The Special Courts shall ensure completion of each trial
women.
within a period of one year from the date of filing of the
case in the Court.

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• According to section 46 of the Act, if the ombudsman finds GOVERNANCE STRUCTURE
that the complaint is false and frivolous, then it can pass 1. High Powered Steering Committee under the
order to punish the person or group of persons or an Chairmanship of Vice Chairman, NITI Aayog will oversee
entity with imprisonment extending up to one year and a the program.
fine which may exceed to maximum of Rs 1 lakh.
2. First version of National Data and Analytics Platform is
PROBE AGAINST PRIME MINISTER proposed to be released in 2021.
The Lokpal cannot inquire into any corruption charge against
the Prime Minister if the allegations are related
►CENSUS OF INDIA 2021
to international relations, external and internal security,
Indian Census is one of the largest administrative and statistical
public order, atomic energy and space unless a full Bench of
exercise in the world. It is conducted once in every 10 years
the Lokpal, consisting of all members, considers the initiation
under the legal provisions of Census Act, 1948 and Census rules,
of a probe necessary and is approved by at least two-thirds of
1990. Census is conducted by the Office of the Registrar General
the members of Lokpal. Such a hearing should be held
and Census Commissioner, India, under the Ministry of Home
privately and if the complaint is dismissed, the records shall
Affairs, GoI.
not be published or made available to anyone.
CENSUS FACTS
MOTTO OF LOKPAL: “मा गध
ृ ः क�यि�व�नम ्” (Do not be greedy
• First Census was conducted in 1872 non-synchronously
for anyone's wealth)
across the country under the Viceroy ship of Lord Mayo.
Regular Census has been conducted from 1881.
►NATIONAL DATA AND ANALYTICS
• The responsibility of conducting the decennial Census
PLATFORM (NDAP) rests with the Office of the Registrar General and Census
• It is an initiative of the NITI Aayog that aims at Commissioner, India under Ministry of Home Affairs,
democratic access to public government data through a Government of India. This office also responsible for
world class user experience. implementation of Registration and Birth and Deaths Act,
• It will host the latest datasets from various government 1969. It also publishes Sample Registration Survey.
websites, present them coherently, and provide tools Regular.

for analytics and visualization. • Census process involves visiting each and every household
• NDAP will follow a user-centric approach and will enable and canvassing separate questionnaire for House listing
data access in a simple and intuitive portal tailored to the and Housing Census and Population Enumeration.

needs of a variety of stakeholders. NEW INITIATIVES TAKEN FOR CENSUS 2021


• NDAP will spearhead the standardization of formats in 1) Mix mode approach for data collection: Data would be
which data is presented across sectors and will cater to a collected either on paper or through smart phone as per
wide audience of policymakers, researchers, innovators, the Enumerator's convenience.
data scientists, journalists and citizens. 2) Census monitoring and management portal as a single
FEATURES source for all officers/officials involved in Census activities
to provide multi language support.
Data export in machine Facilitate analysis in R,
1. 3) It collects data on SC and ST households. However, data on
readable format Tableau, SAS
OBC is not collected in Census. States like Odisha and
Maharastra are demanding for enumeration of OBC
Common scheme across
2. Enable cross sectoral analysis castes (sub categoristation) as well in Census 2021.
sectors
4) For the first time, geo-referencing using maps at the time
Showcase innovative uses and of house listing might be undertaken.
Database of innovation
3. top research articles for every
with public data
search result
►CONSUMER PROTECTION ACT, 2019
User friendly search Enable easy access to data The Act replaces the Consumer Protection Act, 1986. Key
4. features of the Act include:
engine from different sectors
• Definition of consumer: A consumer is defined as a
Encourage discussion on social person who buys any good or avails a service for a
5. Social Media share
media consideration. It does not include a person who obtains

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a good for resale or a good or service for commercial • CCPA can also prohibit the endorser of a misleading
purpose. It covers transactions through all modes advertisement from endorsing that particular product or
including offline, and online through electronic means, service for a period of up to one year.
teleshopping, multi-level marketing or direct selling. • For every subsequent offence, the period of prohibition
• Rights of consumers: Six consumer rights have been may extend to three years.
defined in the Act, including the right to: • However, there are certain exceptions when an endorser
(i) be protected against marketing of goods and services will not be held liable for such a penalty.
which are hazardous to life and property; • Consumer Disputes Redressal Commission:
(ii) be informed of the quality, quantity, potency, purity,
ο Consumer Disputes Redressal Commissions (CDRCs) will
standard and price of goods or services;
be set up at the district, state, and national levels.
(iii) be assured of access to a variety of goods or services
ο A consumer can file a complaint with CDRCs in relation
at competitive prices; and
(iv) seek redressal against unfair or restrictive trade to: (i) unfair or restrictive trade practices; (ii) defective
goods or services; (iii) overcharging or deceptive
practices.
(v) To be heard and assured that consumers interest will charging; and (iv) the offering of goods or services for
receive due consideration sale which may be hazardous to life and safety.
(vi) Right to consumer awareness. ο Complaints against an unfair contract can be filed with

• Central Consumer Protection Authority: only the State and National CDRCs.
ο Appeals from a District CDRC will be heard by the State
o The central government will set up a Central
CDRC. Appeals from the State CDRC will be heard by the
Consumer Protection Authority (CCPA) to promote,
protect and enforce the rights of consumers. National CDRC. Final appeal will lie before the Supreme
Court.
o It will regulate matters related to violation of
• Jurisdiction of CDRCs:
consumer rights, unfair trade practices, and
misleading advertisements. ο The District CDRC will entertain complaints where value

o The CCPA will have an investigation wing, headed by a of goods and services does not exceed Rs one crore.
Director-General, which may conduct inquiry or ο The State CDRC will entertain complaints when the
investigation into such violations. value is more than Rs one crore but does not exceed Rs
CCPA WILL CARRY OUT THE FOLLOWING FUNCTIONS, 10 crore.

INCLUDING ο Complaints with value of goods and services over Rs 10

(i) inquiring into violations of consumer rights, investigating crore will be entertained by the National CDRC.
and launching prosecution at the appropriate forum; • Product liability:

(ii) passing orders to recall goods or withdraw services that ο Product liability means the liability of a product
are hazardous, reimbursement of the price paid, and manufacturer, service provider or seller to compensate
discontinuation of the unfair trade practices, as defined in a consumer for any harm or injury caused by a defective
the Act; good or deficient service.
(iii) issuing directions to the concerned trader/ manufacturer/ ο To claim compensation, a consumer has to prove any
endorser/ advertiser/ publisher to either discontinue a one of the conditions for defect or deficiency, as given
false or misleading advertisement, or modify it; in the Act.
(iv) imposing penalties, and;
(v) issuing safety notices to consumers against unsafe goods ►GOVERNMENT E MARKETPLACE
and services. (GeM)
• Penalties for misleading advertisement: Recently the government launched SWAYATT and GeM Start-up
ο The CCPA may impose a penalty on a manufacturer or Runway.
an endorser of up to Rs 10 lakh and imprisonment for SWAYATT is an initiative to promote Start-ups, Women and Youth
up to two years for a false or misleading advertisement. Advantage Through eTransactions on Government e Marketplace
ο In case of a subsequent offence, the fine may extend to (GeM). This will bring together the key stakeholders within the
Rs 50 lakh and imprisonment of up to five years. Indian entrepreneurial ecosystem to Government e-Marketplace
the national procurement portal.

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GeM Start-up Runway is an initiative of GeM in association with • Issues to be flagged before the PM are picked up from the
Start -up India to facilitate Start-ups registered with Start-up available database regarding Public Grievances, on-
India to access the public procurement market and sell going Programmes and pending Projects.
innovative products and services to government buyers. • The system rides on, strengthens and re-engineers the
WHAT IS GOVERNMENT E-MARKETPLACE? data bases of the CPGRAMS for grievances, Project
• Public procurement forms a very important part of Monitoring Group (PMG) and the Ministry of Statistics
Government activity and reform in Public Procurement is and Programme Implementation. PRAGATI provides an
one of the top priorities of the present Government. interface and platform for all these three aspects.

• Government e-Marketplace (GeM) is a bold step of the • It will also take into consideration various
Government with the aim to transform the way in which correspondences to PM’s office by the common people or
procurement of goods and services is done by the from high dignitaries of States and/or developers of public
Government Ministries/Departments, PSUs, autonomous projects.
bodies etc. • A built-in feature of PRAGATI is that the directions given
• GeM is a completely paperless, cashless and system by the PM will remain in the system for further follow up
driven e-market place that enables procurement of and review till the finality of the matter.
common use goods and services with minimal human IMPORTANCE OF THE PRAGATI PLATFORM
interface. • It offers a unique combination in the direction of
cooperative federalism since it brings on one stage the
►PRAGATI PLATFORM Secretaries of Government of India and the Chief
Secretaries of the States.
In first PRAGATI meeting of the new term, PM strongly reiterates
commitment for "Housing for All" by 2022, reviews progress of • It is also an innovative project in e-governance and good
flagship schemes of Ayushman Bharat and Sugamya Bharat governance. It combines Data Management and Analysis,
Abhiyan, and calls upon States to put in maximum efforts Geo-spatial Applications as well as Video-conferencing. The
towards water conservation, especially during the current application will be accessible to the Secretaries of the
monsoon season. Government of India and the State Chief Secretaries.

• PRAGATI stand for Pro-Active Governance and Timely


Implementation. It is a unique multi-purpose and ►SHILLONG DECLARATION ON E-
multi-modal integrating and interactive platform. GOVERNANCE ADOPTED AT NCEG
OBJECTIVES
2019
• The IT-based redressal and monitoring system has been
At the conclusion of 22nd National Conference on e-Governance
designed with the three objectives of:
2019, ‘Shillong Declaration’ on e-Governance was adopted after
o Grievance Redressal intensive deliberations during the sessions held over two days.
o Programme Implementation and 22ND NATIONAL CONFERENCE ON E-GOVERNANCE 2019
o Project Monitoring • The Department of Administrative Reforms & Public
KEY FEATURES Grievances (DARPG), in association with Ministry of
Electronics & Information Technology (MeitY), Government
• The PRAGATI platform uniquely bundles three latest
of India and the State Government of Meghalaya
technologies: Digital data management, video- nd
organized the 22 National Conference on e-Governance
conferencing and geo-spatial technology. th
(NCeG) 2019 on 8-9 August, 2019 at Shillong, Meghalaya.
• It is a three-tier system (PMO, Union Government
• The theme of this Conference was “Digital India: Success
Secretaries, and Chief Secretaries of the States).
to Excellence”.
• Prime Minister will hold a monthly programme where he
SHILLONG DECLARATION’ ON E-GOVERNANCE
will interact with the Government of India Secretaries, and
Chief Secretaries through Video-conferencing enabled by The Conference resolved that Government of India and State
data and geo-informatics visuals. Governments shall collaborate to:

• The first such programme was launched on 25th March, 1. Improve the citizen’s experience with Government
2015. services by promoting timely implementation of India
Enterprise Architecture (IndEA) and implementing a
• Then onwards, it is held once in every month on Fourth
Wednesday to be known as PRAGATI Day.

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single sign-on for interoperability and integration among • In the arrangement in force at the district level, a ‘dual
e-Government applications throughout the country. system’ of control exists, in which the Superintendent of
2. Consolidate the plethora of successful State level e- Police (SP) has to work with the District Magistrate (DM) for
Governance projects and domain-based projects with a supervising police administration.
focus to replicate them as a common application software • However, at the metropolitan level, many states have
with configurable features. replaced the dual system with the Commissionerate
3. Ensure improvement inease of living and ease of doing system, as it is supposed to allow for faster decision-
business by making a big shift in the role of government making to solve complex urban-centric issues.
from Service Provider to Service Enabler, thus moving
• In the Commissionerate system, the Commissioner of
from development of applications to making available
Police (CP) is the head of a unified police command
public digital platforms where multiple competitive
structure, is responsible for the force in the city, and is
applications can be developed.
accountable to the state government. The office also has
4. Take steps to further improve connectivity in North magisterial powers, including those related to regulation,
Eastern States by addressing the issues and challenges
control, and licensing.
of telecommunications connectivity at grassroot level and
• The CP is drawn from the Deputy Inspector General rank
formulate and implement a comprehensive telecom
development plan. or above, and is assisted by Special/Joint/Additional/
Deputy Commissioners.
5. Take steps to enhance the activities of Electronics
Sector Skill Council in North Eastern States and explore HOW MANY STATES HAVE COMMISSIONERATE SYSTEM?
the possibility for opening an electronics skill center in • Almost all states apart from Bihar, Madhya Pradesh, Union
Shillong. Territory of Jammu &Kashmir, and some Northeastern
6. Promote use of e-Office and move towards less paper states have a Commissionerate system.
State Secretariats in the North-Eastern States and in the • The British brought the system first in Kolkata and
District level offices. followed it in Mumbai and Chennai presidencies. Delhi
7. Improve the quality of delivery of e-Services in the turned into a Commissionerate during the Morarji Desai
North East to fulfil the vision of improved citizen regime. In 1978, an initiative to introduce the system in UP,
experience. beginning with Kanpur, never materialised.
8. Develop India as a global cloud hub and facilitate • As per the Police Act, 1861, the system is to be
development of Government applications and databases implemented in cities with more than 10 lakh population
on Cloud by default. but it is not always the case for all cities having population
9. Adopt emerging technologies for finding e-Governance of 10 lakhs or more.
solutions
10. Promote the Digital India Projects with focus on Smart
Cities and Smart Villages through Startups and Smart VULNERABLE SECTION
Entrepreneurship
►SCHEDULED CASTES AND THE
SCHEDULED TRIBES (PREVENTION OF
►POLICE COMMISSIONERATE SYSTEM
ATROCITIES) AMENDMENT ACT, 2018
Uttar Pradesh Cabinet has approved the Commissionerate
system of policing for state capital Lucknow and for NOIDA. Dealing with the misuse of provisions of SC/ST Act and
The system gives more responsibilities, including magisterial lodging of false cases. Three-judge bench in 2018 directed a
powers, to IPS officers of Inspector General of Police (IG) rank preliminary enquiry may be conducted by a DSP-rank officer
posted as commissioners. to find out whether the allegations qualify for a case under
the SC/ST Act and whether the allegations are frivolous or
WHAT IS POLICE COMMISSIONERATE SYSTEM?
motivated.
• Police has been listed under Entry 2 of State List Seventh
In response to massive outcry and protests but SC/ST
Schedule of the Indian Constitution.
organisations, Parliament passed the Scheduled Castes and
• Thus, states have jurisdiction and power to legislate and the Scheduled Tribes (Prevention of Atrocities) Amendment
control administration of police according to their specific Act, 2018
needs and requirements.

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THE AMENDMENT INTRODUCES: education, sports and recreational facilities for
• Section 18A has been inserted to nullify conduct of a transgender persons, without discrimination.
preliminary enquiry before registration of an FIR, or to • Health care: The government must take steps to provide
seek approval of any authority prior to arrest of an health facilities to transgender persons including separate
accused HIV surveillance centres, and sex reassignment
• The provisions of Section 438 of the Code of Criminal surgeries. The government shall review medical
Procedure — which deals with anticipatory bail — shall curriculum to address health issues of transgender
not apply to a case under this Act persons, and provide comprehensive medical insurance
schemes for them.
►TRANSGENDER PERSONS • Certificate of identity for a transgender person: A
(PROTECTION OF RIGHTS) ACT, 2019 transgender person may make an application to the
District Magistrate for a certificate of identity, indicating
Issues related to transgender persons are dealt by
the gender as ‘transgender’. A revised certificate may be
the Department of Social Justice and
obtained only if the individual undergoes surgery to
Empowerment under Ministry of Social Justice and
change their gender either as a male or a female.
Empowerment.
• Welfare measures by the government: The Act states
• Definition of a transgender person: The Act defines a
that the relevant government will take measures to ensure
transgender person as one whose gender does not match
the full inclusion and participation of transgender persons
the gender assigned at birth.
in society. It must also take steps for their rescue and
• It includes trans-men and trans-women, persons with
rehabilitation, vocational training and self-employment,
intersex variations, gender-queers, and persons with
create schemes that are transgender sensitive, and
socio-cultural identities, such as Kinnar and Hijra. Intersex
promote their participation in cultural activities.
variations is defined to mean a person who at birth shows
• Offences and penalties: The Act recognizes the following
variation in his or her primary sexual characteristics,
offences against transgender persons: (i) forced or bonded
external genitalia, chromosomes, or hormones from the
labour (excluding compulsory government service for
normative standard of male or female body.
public purposes), (ii) denial of use of public places, (iii)
• Prohibition against discrimination: The Act prohibits the
removal from household, and village, (iv) physical, sexual,
discrimination against a transgender person, including
verbal, emotional or economic abuse. Penalties for these
denial of service or unfair treatment in relation to: (i)
offences vary between six months and two years, and a
education; (ii) employment; (iii) healthcare; (iv) access to, or
fine.
enjoyment of goods, facilities, opportunities available to
• National Council for Transgender persons (NCT): The
the public; (v) right to movement; (vi) right to reside, rent,
NCT will consist of: (i) Union Minister for Social Justice
or otherwise occupy property; (vii) opportunity to hold
(Chairperson); (ii) Minister of State for Social Justice (Vice-
public or private office; and (viii) access to a government
Chairperson); (iii) Secretary of the Ministry of Social Justice;
or private establishment in whose care or custody a
(iv) one representative from ministries including Health,
transgender person is.
Home Affairs, and Human Resources Development.
• Right of residence: Every transgender person shall have a
• Other members include representatives of the NITI Aayog,
right to reside and be included in his household. If the
and the National Human Rights Commission. State
immediate family is unable to care for the transgender
governments will also be represented.
person, the person may be placed in a rehabilitation
centre, on the orders of a competent court. • The Council will also consist of five members from the
transgender community and five experts from non-
• Employment: No government or private entity can
governmental organisations.
discriminate against a transgender person in employment
matters, including recruitment, and promotion. Every • The Council will advise the central government as well as
establishment is required to designate a person to be a monitor the impact of policies, legislation and projects with
complaint officer to deal with complaints in relation to the respect to transgender persons.
Act. • It will also redress the grievances of transgender persons.
• Education: Educational institutions funded or recognised
by the relevant government shall provide inclusive

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY

►THE MUSLIM WOMEN (PROTECTION • The Ministry of Women and Child Development
(MWCD) is the nodal Ministry to appraise/recommend
OF RIGHTS ON MARRIAGE) ACT, 2019 proposals and schemes to be funded under Nirbhaya
This act aims to protect the rights of married Muslim women Fund.
and to prohibit divorce by pronouncing talaq by their
• The key schemes under which the states have been
husbands.
allocated money include emergency response support
SALIENT PROVISIONS system, central victim compensation fund, cybercrime
• Talaq-e-biddat or any other similar form of talaq having prevention against women and children, one-stop centre
the effect of instantaneous and irrevocable divorce scheme, mahila police volunteers and universalisation of
pronounced by a Muslim husband upon his wife by words, women helpline scheme.
either spoken or in electronic form or in any other manner
will be void and illegal. ►PENCIL PORTAL
• The husband pronouncing such a talaq will be punished • It is a separate online portal Platform for Effective
with imprisonment for a term of three years, and shall Enforcement for No Child Labour (PENCIL) launched to
be liable to fine also. It will be cognizable and ensure effective enforcement of provisions of Child Labour
compoundable offence. Act and smooth implementation of National Child Labour
• No bail for the accused under the act unless Project (NCLP) Scheme.
Magistrate on an application filed by accused and after • Components of PENCIL Portal: include Child Tracking
hearing the married Muslim women upon whom talaq is System, Complaint Corner, State Government, National
pronounced, is satisfied that there reasonable grounds for Child Labour Project and Convergence.
granting bail to such person.
• Online complaints in regard to child labour can also be
Married Muslim women upon whom instantaneous talaq is filed by anybody on Pencil Portal.
pronounced shall be entitled to:
• Administrative ministry – Ministry of Labour and
1) receive from her husband such amount of subsistence employement.
allowance, for her and dependent children, as may be
determined by Magistrate.
►“GO TRIBAL” CAMPAIGN LAUNCHED
2) custody of her minor children in the event of
pronouncement of talaq by her husband, in such manner TRIFED, a Multi-State Co-operative Society under the Ministry of
as may be determined by Magistrate. Tribal Affairs has launched the “Go Tribal” campaign.
• Objective is to create awareness and promote tribal arts
and crafts as well as help in socio-economic welfare of
►GOVT TO SET UP ANTI-HUMAN
more than 700 Indian tribes, by promoting and making
TRAFFICKING UNITS IN ALL available tribal handcrafted textiles, jewellery, and other
DISTRICTS WITH NIRBHAYA FUND accessories via global online market spaces.
On October 22nd 2019, the Empowered Committee (EC) under • Products available under Tribes India brand & outlets can
Nirbhaya Framework, chaired by Secretary, Ministry of Women also be procured through Online retailers like Amazon,
and Child Development, favourably appraised proposal for Flipkart, etc. with whom TRIFED has entered into
expansion of Anti-Human-Trafficking-Units (AHTUs) to all Memorandum of Understanding (MoU).
districts.
EXPANSION AND STRENGTHENING OF AHTUS ►SAFE CITY PROJECT
100% cost of setting up of these AHTUs has been Empowered Committee of Officers for Nirbhaya funds scheme
recommended to be borne by the Central Government under has approved pilot Safe City projects in eight selected
Nirbhaya Fund as per the MHA proposal. metropolitan cities
ABOUT NIRBHAYA FUND It is being implemented by Ministry of Home Affairs (MHA) in
• The Nirbhaya Fund was created in 2013 to be utilised for consultation with Ministry of Women and Child Development
projects specifically designed to improve the safety and (MoW&CD), Ministry of Housing and Urban Affairs, Ministry of
security of women in public places. Over the past six years, Information Technology (MeitY), respective Municipal & Police
the corpus has increased to Rs 3,600 crore. Commissioners of cities and civil society organizations.

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The project would be implemented as a Centrally Sponsored as an attached office to Ministry of Health & Family
Scheme with Centre and State sharing the funding in 60:40 Welfare.
ratio. • The existing multi-tier decision making structure has been
It was approved with total cost of Rs.194.44 crore replaced with the Governing Board chaired by the
under Nirbhaya Fund Scheme (by empowered Committee Minister of Health & Family Welfare, Government of India,
of officers for Nirbhaya funds). while its members will include NITI Aayog CEO and NHA
MAJOR COMPONENT OF SAFE CITY PROJECT CEO.

• Setting an Integrated Smart Control Room. THE MANDATE OF NATIONAL HEALTH AUTHORITY

• Improving Street Lighting in identified crime Hotspot • It is envisaged that the National Health Authority shall
areas. have full accountability, authority and mandate to
implement PM-JAY through an efficient, effective and
• Setting up Pink Toilets.
transparent decision-making process.
• Integrating Women power-help line with single Emergency
• The NHA will be responsible for its operational guidelines,
number ‘112’
fixing the ceiling of premium amounts, and developing
• Setting Pink Out-posts (exclusively administered by mechanisms for strategic purchase of healthcare from the
Women police) for facilitating ease of filing complaint by private sector.
women; Pink Patrols of Women police.
• It is also tasked with building a health information
• Setting Women Help Desks in all Police Stations with technology platform, and working with the Insurance
Counsellors. Regulatory and Development Authority.
• Augmentation of existing Asha Jyoti Kendra.
IMPACT OF THE RESTRUCTURING
• Implementing Safety measures in buses, including • This takes the Pradhan Mantri Jan Arogya Yojana (PM-
Cameras. JAY) out of the ambit of the Ministry of Health. The
ministry’s role will now be limited to acting as the nodal
►GOI ORGANISES “HUNAR HAAT” ministry for NHA in parliamentary matters, like the
The Ministry of Minority Affairs will organize more than 100 presentation of annual reports.
HunarHaat in the next five years. • It will enable the decision making at a faster pace, required
• Its aim is to increase employment opportunities to for seamless implementation of the scheme.
craftsmen, artisans and culinary experts and also to
increase their market exposure. ►BIS: WATER QUALITY REPORT FOR
• HunarHaat is an exhibition of handicrafts and traditional STATE CAPITALS AND NEW DELHI
products made by artisans from the Minority communities.
• The Water Quality Report was released by the Union
• The scheme aims to establish Hunar Hub in all the states Minister of Consumer Affairs.
where programs like HunarHaati and other cultural events
• The report is in line with the Jal Jeevan Mission that was
are to be organized.
launched to provide clean and safe drinking water to all by
• HunarHaat is organized under USTTAD (Upgrading the 2024.
Skills and Training in Traditional Arts/Crafts for
PARAMETERS
Development) scheme.
The tests were conducted on parameters such as Chemicals,
Toxic substances, Organoleptic tests, Bacteriological tests and
HEALTH physical tests.

►RESTRUCTURING OF EXISTING
►AYUSHMAN BHARAT
“NATIONAL HEALTH AGENCY” AS
Ayushman Bharat –Pradhan Mantri Jan AarogyaYojana (AB-
“NATIONAL HEALTH AUTHORITY” PMJAY)
Done for better implementation of Pradhan Mantri - Jan Arogya • Ayushman Bharat, a flagship scheme of GoI launched as
Yojana (PM-JAY). recommended by the National Health Policy 2017, to
• the existing society "National Health Agency" has been achieve the vision of Universal Health Coverage (UHC).
dissolved and will be replaced by National Health Authority

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• This initiative has been designed on the lines as to meet • The app will augment the government vision to provide
SDG and its underlining commitment, which is "leave no affordable healthcare to all Indians through the Pradhan
one behind". Mantri Bhartiya Janaushadhi Pariyojana
2 COMPONENTS (PMBJP) Kendras across the country and this had already
led to substantial savings to poor on medicines.
(1) Health and wellness centres (HWC) –
• “Jan Aushadhi Suvidha Oxo-Biodegradable Sanitary
a. creation of 1,50,000 HWCs
Napkin” will now be available at only One Rupee per pad.
b. these centres to provide comprehensive preimary
healthcare covering both maternal and child care health
services and non communicable diesesases including ► EAT RIGHT MOVEMENT CAMPAIGN
free eseential drugs and diagnostic services. Recently as part of ‘The Eat Right Movement’, ‘Eat Right Station’
(2) Pradhan Mantra Jan AarogyaYojana (PM JAY) aims at was launched and ‘Eat Right Mela’ was organized.
providing health insurance cover of Rs. 5 lakhs per family
ABOUT THE EAT RIGHT MOVEMENT
per yearfor secondary and tertiary care hospitalization
• To improve public health in India and combat negative
across public and private empaneled hospitals in India.
nutritional trends to fight lifestyle diseases, FSSAI
• PM-JAY is the world’s largest health insurance/ assurance
launched 'The Eat Right Movement’
scheme fully financed by the government.
• The strength of the ‘The Eat Right Movement’ lies in its
• PM-JAY provides cashless access to health care services for
holistic and collaborative approach, with stakeholders
the beneficiary at the point of service, that is, the hospital.
on both the demand and supply-side joining to make a
• No restrictions on family size, age or gender. All pre– difference through some clearly identified steps.
existing conditions are covered from day one.
o On the demand side, the Eat Right Movement focuses
• Benefits of the scheme are portable across the country i.e. on empowering citizens to make the right food choices.
a beneficiary can visit any empaneled public or private
o On the supply side, it nudges food businesses to
hospital for cashless treatment.
reformulate their products, provide better nutritional
• Services include approximately 1,393 procedures covering information to consumers and make investments in
all the costs related to treatment, including but not limited healthy food as responsible food businesses.
to drugs, supplies, diagnostic services, physician's fees,
• ‘The Eat Right Movement’ brings together three ongoing
room charges, surgeon charges, OT and ICU charges etc.
initiatives of FSSAI:
• This scheme was earlier known as National Health
(i) Safe and Nutritious Food Initiative , focused on
Protection Scheme (NHPS) before it was rechristened to
social and behavioural change around food safety and
PM-JAY.
nutrition at home, school, workplace and on-the-go;
• PM-JAY is completely funded by the Government, and cost
(ii) The Eat Healthy Campaign, focused on reduction of
of implementation is shared between Central and State
high fat, sugar and salt foods in the diet; and
Governments.
(iii) Food Fortification, focused on promoting five staple
• PM-JAY has been rolled out for the bottom 40% of poor
foods-wheat flour, rice, oil, milk and salt that are added
and vulnerable population as well as the active families
with key vitamins and minerals to improve their
under the RashtriyaSwasthyaBima Yojana (RSBY).
nutritional content.
• Approximately 10.74 crore identified families
(approximately 50 crore beneficiaries) will be entitled to
get the benefits. There is no cap on family size and age as
►EAT RIGHT MELA
well as restriction on pre-existing conditions. In December, 2019, Dr. Harsh Vardhan, Union Minister of Health
& Family Welfare inaugurated 2nd Edition of “Eat Right Mela”at
Jawahar Lal Nehru Stadium, New Delhi.
►JANAUSHADHI SUGAM
ABOUT EAT RIGHT MELA
Union Minister for Chemicals and Fertilizers has launched
• As part of the Eat Right India movement, Eat Right Melas
“Janaushadhi Sugam”, a mobile application, which will help
have been envisioned for massive outreach to build
people locate nearby Janaushadhikendras.
awareness on safe food and healthy diets through an
• Anaushadhi Sugam” mobile application would help
interactive and informative model.
people to analyse product comparison of Generic vs
• The Eat Right India movement is anchored on three
Branded medicine in form of MRP & overall savings, etc.
pillars: Eat Safe, Eat Healthy & Eat Fortified. The Melas

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
are a platform to incorporate these three core elements
along with aspects of Indian culture, traditions, creative
EDUCATION
expression and infotainment.
►RTE (AMENDMENT ACT), 2019
The Parliament passed the Right of Children to Free and
►EAT RIGHT INDIA MOVEMENT: FOOD Compulsory Education (Amendment) Act, 2019 that empowers
SAFETY MITRA SCHEME state governments to scrap the No Detention Policy (NDP).
On World Food Day, October 16, the Health and Family Welfare • Under the Right of Children to Free and Compulsory
Ministry launched the Food Safety Mitra Scheme Education (RTE) Act, 2009, all children between the ages
• Objective of the scheme is to scale up Eat Right India of six and 14 years have the right to elementary
movement. education (class 1-8) in a neighbourhood school.

• The ‘Food Safety Mitra (FSM)’ scheme will support small • Among other provisions, the RTE Act, 2009 states that a
and medium scale food businesses to comply with the child cannot be detained in any class till the
food safety laws and facilitate licensing and registration, completion of elementary education. This automatic
hygiene ratings and training. promotion to the next class is to ensure that detention
would not lead to them dropping out of school.
• The FSMs would undergo training and certification by
FSSAI to do their work and get paid by food businesses for AMENDMENT
their services. • It would be left to the states to decide whether to
• The “Eat Right Jacket” was introduced for the field staffs. continue the no-detention policy. (wrt Classes V and VIII)
The jacket is designed to hold smart phone, RFID tag, QR • The Amendment provides for regular examination in
code for identification and tracking purposes. This will help classes V and VIII, and if a child fails, the amendment bill
to bring in efficiency and transparency in food safety grants a provision to give her or him additional
administration opportunity to take a re-examination within two months.
• The “Eat Right Jhola” is a reusable cloth bag. The purpose • Such children will be provided with two-month remedial
is to replace plastic with these bags. teaching to perform better in the re-examinations. If
the students still do not pass the exam, the state
government may decide to detain them.
►HOPE (HEALTHCARE
ORGANIZATIONS’ PLATFORM FOR
►HRD MINISTRY LAUNCHES KARTVYA
ENTRY-LEVEL-CERTIFICATION)
PORTAL
PORTAL
On the occasion of 70th Constitution Day also known as
National Accreditation Board for Hospitals and Healthcare Samvidhan Divas observed on 26 November 2019, Union Human
Organizations (NABH) has revamped Entry-Level Certification Resource Development (HRD) Minister launched
Process of hospitals to make it simpler, digital, faster and the kartavya.ugc.ac.in portal
user-friendly.
About Nagrik Kartavya Paalan Abhiyan
• The revamped certification process is driven through a
The year 2019 marks the 70th year of adoption of Indian
new portal called HOPE – Healthcare Organizations’
Constitution. The Centre government thus decided to run a
Platform for Entry-Level-Certification.
Nagrik Kartavya Palan Abhiyan from 26 November 2019 to 26
• HOPE also enables them to comply with quality protocols, November 2020, to create mass awareness about
improve patient safety and the overall healthcare facility of Fundamental Duties as enshrined in our Constitution.
the organization.
• It is an online platform for smooth and secure registration
►NATIONAL DIGITAL LIBRARY OF
which provides a self-explanatory questionnaire to be
filled by the HCO/SHCOs. INDIA
• It ensures quality at nascent stages by enrolling a wide Union Ministry of Human Resource Development (HRD) has
range of hospitals across the country including Healthcare launched National Digital Library of India project.
Organizations (HCOs). • National Digital Library of India (NDLI) is a project of the
Ministry of Human Resource Development under the aegis

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
of National Mission on Education through Information • MHRD would act as a facilitator to ensure that the
and Communication Technology (NMEICT). solutions are freely available to a large number of
• The objective of NDL is to make digital educational economically backward students. MHRD would create and
resources available to all citizens of the country to maintain a National NEAT platform that would provide
empower, inspire and encourage learning. one-stop access to these technological solutions.

• National Digital Library of India is developed by IIT • EdTech companies would be responsible for developing
Kharagpur. solutions and manage registration of learners through the
NEAT portal. They would be free to charge fees as per their
SALIENT FEATURES
policy.
• Educational materials ranging from primary to post-
• As their contribution towards the National cause, they
graduate levels is available for users.
would have to offer free coupons to the extent of 25% of
• It has been designed to benefit all kinds of users like
the total registrations for their solution through NEAT
students (of all levels), teachers, researchers, librarians, portal.
library users, professionals, differently abled users and all
• MHRD would distribute the free coupons for learning to
other lifelong learners.
the most socially/economically backward students.
• Information can be personalized based on the education
• AICTE would be the implementing agency for NEAT
level, choice of language, difficulty level, media of content
programme.
and such other factors.
• This is thus like a ‘customised service’ provided in a 24x7
integrated environment where learners can find out the ►SKILLS BUILD PLATEFORM
right resource with least effort and in minimum time. Directorate General of Training (DGT), under the aegis Ministry of
• Repository hosts contents from multiple subject domains Skill Development & Entrepreneurship has launched Skills Build
like Technology, Science, Humanities, Agriculture and platform in Collaboration with IBM.
others. WHAT IS SKILLS BUILD PLATFORM?
• More than 60 types of learning resources are available - • Skills Build is a digital platform developed by IBM
books, articles, manuscripts, video lectures, thesis, etc. enabling holistic learning and aligning it with Skills
• Items are available in more than 70 languages. India initiative by Government of India.
• India is the 4th country where this Skills Build platform
has been launched on 4th Nov’19, in alliance with the
►NEAT (NATIONAL EDUCATIONAL
Directorate General of Training (DGT), Ministry of Skill
ALLIANCE FOR TECHNOLOGY) Development & Entrepreneurship (MSDE), after being
SCHEME launched in UK, Germany and France.
Ministry of Human Resource Development has announced a new • It will be accessible online through bharat skills
PPP Scheme National Educational Alliance for Technology (https://bharatskills.gov.in) – a Learning Management
(NEAT) to use technology for better learning outcomes in Higher System for ITI/NSTI Students and Teachers) and free to
Education. use.
The objective is to use Artificial Intelligence to make learning ROLE OF THE PLATFORM
more personalised and customised as per the requirements • Skill Build will focus on personalised coaching and
of the learner. experiential learning and will help develop the skills
• This requires development of technologies in Adaptive required to join the workforce in these “New Collar” roles.
Learning to address the diversity of learners. • Also bring untapped talent to the fore, opening roles to
• There are a number of start-up companies developing this individuals often excluded from the labour market due to
and MHRD would like to recognise such efforts and bring disadvantaged backgrounds, or because of lack of
them under a common platform so that learners can knowledge, skill or experience that has seen them become
access it easily. under-employed or unemployed.
• MHRD proposes to create a National Alliance with such • As part of the programme, a two-year advanced diploma
technology developing EdTech Companies through a PPP in Information Technology (IT), Networking and Cloud
model. computing will be offered at the Industrial Training
Institutes (ITI) and the National Skill Training Institutes
(NSTIs).

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• The platform will also be extended to train ITI and NSTI • Youths/Students will also be received recommendations
faculty in basic Artificial Intelligence (AI) Skills. on role-based education for specific jobs that include
• This Skill Build platform will also provide personal technical and professional learning.
assessment for cognitive capabilities and personality via • Also it will be collaborated with other Indian and global
MyInnerGenius to youths/students. partners.
• They will learn basics about digital technologies as well • IBM has agreed for the placement support for some of the
as professional skills like resume writing, problem solving students/youths those who are completing the two-year
and communication. advanced diploma in IT, Networking and Cloud computing
course in IBM/through its channel partners based on
merits.

►PREVENTION OF CORRUPTION ACT, 2018

►HIMAYAT MISSION • It is implemented by Jammu & Kashmir Entrepreneurship


Development Institute (JKEDI) with Entrepreneurship
The Jammu & Kashmir administration is working on effective
Development Institute of India (EDI) Ahmedabad, as
implementation of Himayat Mission.
coordinating /monitoring agency.
• The project aims to generate sustainable livelihood
opportunities through self-employment for the youth
of Jammu and Kashmir.
►SANKALP SCHEME
Ministry of Skill Development and Entrepreneurship has
• It aims at providing entrepreneurial skills for sustainable
livelihood to 10,000 youth of J&K and facilitates access to called for SANKALP Scheme to focus on district-level skilling
ecosystem through convergence and coordination.
finance and support services to at least 50% of them over
a period of 3.5 Years.

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
• SANKALP scheme is an outcome-oriented centrally • Internationalisation
sponsored programme of Ministry of Skill Development & • Financing higher education
Entrepreneurship (MSDE) with a special focus on
decentralized planning and quality improvement.
►SHODH SHUDDHI
• The project is implemented with the support of World
The union Ministry of HRD has launched the Plagiarism Detention
Bank monetarily in line with the objectives of National
Software (PDS) “ShodhShuddhi”.
Skills Development Mission (NSDM).
• This service is being implemented by Information and
• It focuses on the overall skilling ecosystem covering both
Library Network (INFLIBNET), an Inter University Centre
Central & State agencies.
(IUC) of UGC.
THE MAIN OBJECTIVES OF THE SCHEME ARE
• PDS will significantly help to improve the quality of
• Convergence: Creating convergence among all skill
research outcome by ensuring the originality of ideas and
training activities, both State-led and Government of India
publication of the research scholars.
funded, at the state level.
• Quality: Improving the quality of skill development
programs through building a pool of quality trainers,
►NATIONAL MISSION “NISHTHA”
developing model curriculum and content and LAUNCHED IN J & K
standardizing assessment and certification. National Initiative for School Heads’ and Teachers’ Holistic
• Evaluation System: Establishing a robust monitoring and Advancement (NISHTHA) has been launched in the Union
evaluation system for skill training programs. Territory of Jammu and Kashmir.
• Inclusiveness & Opportunity: Providing access to skill It is a pioneer scheme that was earlier launched across
training opportunities to the disadvantaged sections. country by HRD Ministry on August 2019. This National
Creating industry-led and demand-driven skill training Mission aims at improving learning outcomes at Elementary
capacity. level through integrated Teacher Trainings.
“NISHTHA” aims to build capacities of 42 lakh participants
►FIVE-YEAR VISION PLAN covering all teachers and Heads of Schools at elementary
level in all Government Schools across India as well as faculty
“EDUCATION QUALITY UPGRADATION
members of State Institute of Education (SIE)/ State Council of
AND INCLUSION PROGRAMME Educational Research and Training (SCERTs), District Institute
(EQUIP)” FINALISED of Education and Training (DIET) etc.

The Higher Education Department of the Union Ministry of


Human Resource Development has finalized and released a 5-
MISCELLANEOUS
year Vision Plan titled as Education Quality Upgradation and
Inclusion Programme (EQUIP). ►PROMULGATION OF MINERAL LAWS
This Vision Plan by HRD Ministry is in accordance with Prime (AMENDMENT) ORDINANCE 2020
Minister Narendra Modi’s direction for finalizing a 5-year
The ordinance amended the Mines and Minerals (Development
Vision plan for each Ministry.
and Regulation) Act, 1957 (MMDR Act), and the Coal Mines
10 Focus Areas: EQUIP report has been prepared after a
(Special Provisions) Act, 2015 (CMSP Act). This shall open up the
detailed exercise done by Experts covering following ten
coal mining sector completely, enabling anyone with finances
areas:
and expertise to bid for blocks and sell the coal freely to any
• Strategies for expanding access buyer of their choice.
• Assessment, Accreditation & Ranking systems
MAJOR PROVISIONS
• Promotion of research & innovation
• Removal of restriction on end-use of coal: Companies
• Employability & entrepreneurship will be allowed to carry on coal mining operation for own
• Using Technology for better reach consumption, sale or for any other purposes, as may be
• Towards global best teaching/learning process specified by the central government. They may also utilise

• Promoting Excellence such coal in their subsidiaries’ plants.

• Governance reforms • Eligibility for auction of coal and lignite blocks: The
Ordinance clarifies that the companies need not possess

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CURRENT AFFAIRS & RELATED CONCEPTS – INDIAN POLITY
any prior coal mining experience in India in order to licenses for coal and lignite, in certain cases. These include
participate in the auction of coal and lignite cases where: (i) the allocation has been done by the central
blocks. Further, the competitive bidding process for government, and (ii) the mining block has been reserved
auction of coal and lignite blocks will not apply to mines by the central or state governments to conserve a mineral.
considered for allotment to: (i) a government company or • Advance action for auction: Under the orignal Act,
its joint venture for own consumption, sale or any other mining leases for specified minerals (minerals other than
specified purpose; and (ii) a company that has been coal, lignite, and atomic minerals) are auctioned on the
awarded a power project on the basis of a competitive bid expiry of the lease period. The Ordinance provides that
for tariff. state governments can take advance action for auction of
• Composite license for prospecting and a mining lease before its expiry.
mining: Currently, separate licenses are provided for
prospecting and mining of coal and lignite, called ►PARLIAMENT PASSES JALLIAWALA
prospecting license, The Ordinance adds a new type of
license, called prospecting license-cum-mining lease.
BAGH NATIONAL MEMORIAL
• Non-exclusive reconnaissance permit holders to get
(AMENDMENT) BILL, 2019
other licenses: Currently, the holders of non-exclusive Jallianwala Bagh National Memorial (Amendment) Bill, 2019 has
reconnaissance permit for exploration of certain specified been passed by the Parliament after it was passed in Rajya
minerals are not entitled to obtain a prospecting license or Sabha. The Bill was earlier passed in Lok Sabha.
mining lease. Reconnaissance operations means • It amends the Jallianwala Bagh National Memorial Act,
preliminary prospecting of a mineral through certain 1951.
surveys. The Ordinance provides that the holders of such • The Act provides for the erection of a National Memorial
permits may apply for a prospecting license-cum-mining in memory of those killed or wounded on April 13, 1919, in
lease or mining lease. Jallianwala Bagh, Amritsar. In addition, it creates a Trust to
• Transfer of statutory clearances to new manage the National Memorial.

bidders: Currently, mining leases for specified minerals • Composition of Trustees: Under the 1951 Act, the
(minerals other than coal, lignite, and atomic minerals) can Trustees of the Memorial include:
be transferred to new persons through auction upon (i) the Prime Minister as Chairperson,
expiry. Such new persons are required to obtain statutory (ii) President of the Indian National Congress,
clearances before starting mining operations. The
(iii) Minister in-charge of Culture,
Ordinance provides that the various approvals, licenses,
(iv) Leader of Opposition in the Lok Sabha,
and clearances given to the previous lessee will be
extended to the successful bidder for a period of two (v) Governor of Punjab,

years. During this period, the new lessee will be allowed to (vi) Chief Minister of Punjab, and
continue mining operations. However, the new lessee (vii) three eminent persons nominated by the central
must obtain all the required clearances within this two- government
year period. • The amendment seeks to make apolitical the trust that
• Reallocation after termination of the allocations: The runs Jallianwala Bagh National Memorial by removing the
original Act provides for termination of allotment orders of clause pertaining to the President of INC as a
coal mines in certain cases. The Ordinance adds that such permanent member of the trust.
mines may be reallocated through auction or allotment as • Further, it clarifies that when there is no Leader of
may be determined by the central government. The Opposition in Lok Sabha, then the leader of the single
central government will appoint a designated custodian to largest opposition party will be the Trustee.
manage these mines until they are reallocated. • The Act provides that the three trustees nominated by
• Prior approval from the central government: Under the the central government will be trustees for a period of
orignal Act, state governments require prior approval of five years and will be eligible for re-nomination. The Bill
the central government for granting reconnaissance allows the central government to terminate the term of a
nominated trustee before the expiry of the period of his
permit, prospecting license, or mining lease for coal and
term without assigning any reason.
lignite. The Ordinance provides that prior approval of the
central government will not be required in granting these

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►DISTRICT MINERAL FOUNDATIONS • A new National Recruitment Agency (NRA) will be set up to
conduct the Common Eligibility Test (CET) for all the
Ministry of Mines organized the 1st National level workshop on
competitive examinations, in which an estimated 2.5 crore
District Mineral Foundation (DMF)/Pradhan Mantri
candidates appear annually.
KhetriyaKhanij Kalyan Yojna (PMKKKY). The main objective of the
workshop was to discuss various issues to expedite • This is expected to streamline recruitment of Group-B
implementation of DMF and developing strategies to address the (non-gazetted), Group-C (non-technical) and clerical
challenges, etc. posts in the government along with various equivalent
WHAT IS DMF? recruitment in Public Sector Banks (PSBs).

• District Mineral Foundation (DMF) is a trust set up as a • NRA will conduct preliminary examinations for all these
non-profit body, in those districts affected by the mining recruitment, which are at present conducted by the Staff
works, to work for the interest and benefit of persons and Selection Commission (SSC) and the Institute of Banking
areas affected by mining related operations. Personnel Selection (IBPS).
• It is funded through the contributions from miners. Its
manner of operation comes under the jurisdiction of the ►ENEMY PROPERTIES
relevant State Government.
The Centre has allowed state governments to put to public use
• Setting up of District Mineral Foundations (DMFs) in all some enemy properties that were left behind by people who
districts in the country affected by mining related migrated to Pakistan since the Partition and to China after the
operations was mandated through the Mines and
1962 Sino-Indian war.
Minerals (Development & Regulation) Amendment Act,
WHAT IS ENEMY PROPERTY?
(MMDRA) 2015. On 16 September 2015, Central
Government issued a notification directing states to set up • Enemy properties are those properties that were left
DMF. behind by the people who took citizenship of Pakistan
The Rates of Contribution Payable by Miners to the DMFs and China. There are 9,280 such properties left behind by
Pakistani nationals and 126 by Chinese nationals.
1. 10% of royalty in respect of mining leases granted on or
after 12.1.2015; and • The Enemy Property Act was enacted in 1968 and it

2. 30% of royalty in respect of mining leases granted before regulates such properties and lists the custodian's powers.
12.1.2015. • The act was amended in 2017 to ensure that the
THE PRADHAN MANTRI KHANIJ KSHETRA KALYAN YOJANA successors of those who migrated to Pakistan and
(PMKKKY) China will have no claim over the properties left
behind in India.
• The Pradhan Mantri Khanij Kshetra Kalyan Yojana
(PMKKKY) was launched by the Government which will be
implemented through funds collected under DMF. ►SWATCH SURVEKSHAN AWARDS
• At least 60% of PMKKKY funds will be utilized for high Recently President Ram Nath Kovind presented Swachh
priority areas like: (i) drinking water supply; (ii) Survekshan Awards 2019. Indore has been awarded the
environment preservation and pollution control measures;
cleanest city in the country in the Swachh Survekshan 2019
(iii) health care (iv)education; (v) welfare of women and
(SS 2019) awards while Bhopal has been declared as the
children; (vi) welfare of aged and disabled people; (vii) skill
cleanest capital.
development; and (viii) Sanitation. The rest of the funds
will be utilized undertaking works like for: (i) physical ABOUT SWACHH SURVEKSHAN 2019
infrastructure; (ii) irrigation; (iii) energy and watershed • Swachh Survekshan 2019, like its three predecessors, was
development; and (iv) any other measures for enhancing conducted to study the progress of Swachh Bharat
environmental quality in mining district. Mission (Urban) and rank Urban Local Bodies in India on
the basis of cleanliness and sanitation.
►NATIONAL RECRUITMENT AGENCY • Apart from Lakshadweep, which has always remained
(NRA) outside of the ambit of Swachh Survekshans, the state of
West Bengal (barring the three CBs within it) had also
Finance Ministry has approved the proposal for creation of
opted not to participate.
a National Recruitment Agency (NRA).

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EVOLVING FOCUS OF SUCCESSIVE SURVEKSHANS has to lay such an order before the State legislature as
• In 2016 and 2017, the Swachh Survekshan indicators were soon as possible and the order shall, unless revoked by the
constructed with the purpose of monitoring progress of legislature, continue for a period of twelve months from
ULBs towards Swachh Bharat targets. the date on which it was made.

• In 2018, the focus (and the indicator constructs) shifted • The Governor has the power to appoint a Commission at
from process and outputs to outcomes. any point of time to examine and report on any matter
relating to the administration of the autonomous districts
• In the current round, having already reached an advanced
and regions in the State or may appoint a Commission to
stage of achieving most of its targets, the Swachh Bharat
inquire into and report on the administration of
Mission – Urban had mandated that Swachh Survekshan
autonomous districts and autonomous regions.
2019 focus on sustainability.
• Further, the Governor has the power to dissolve a
• The measurement indicators within the Survekshan were
District or a Regional Council with the recommendation
redesigned to capture whether initiatives taken by cities
of such a Commission
are sustainable in the long run, thus going beyond ODF
status and looking into usability of toilets and unit level
faecal sludge management, levels of cleanliness and waste ► BODO PEACE ACCORD 2020
management protocols in place in every ward of a ULB, In a significant step to end violence, a tripartite agreement
and bylaws and regulatory compliance. has been signed by the Bodos led by National Democratic
• Towards this end, over and above the three pillars of the Bodo Front, Central government and the State government.
earlier Survekshans, viz. Service Level Progress and The agreement will pave the way for reorganization of
Independent Validation, Direct Observation, and Bodoland Territorial Administrative District into wider
Citizen feed-back, this year a fourth assessment Bodoland Territorial Region.
protocol was introduced by SBM – U, viz. certification ABOUT BODOLAND TERRITORIAL COUNCIL
of cities on ODF+/ODF++ and Star Rating of Garbage Free
• Bodo is one of the languages mentioned in VIIIth Schedule
Cities by independent third parties.
to the Indian Constitution
• Bodoland Territorial Council (BTC) is an autonomous
►6th SCHEDULE OF THE district council for Bodoland region of Assam constituted
CONSTITUTION under Sixth Schedule to the Indian Constitution. It has
The tribal areas under the Sixth Schedule of the Constitution have 46 executive members and is headed by the Chief
been exempted from the application of the Citizenship Executive Member.
Amendment Act, 2019. Also, the National Commission for • Area under BTC jurisdiction is officially called Bodoland
Scheduled Tribes (NCST) recently recommended ‘tribal area’ Territorial Area Districts (BTAD).
status for Ladakh under the Sixth Schedule of the Constitution.
WHAT IS SIXTH SCHEDULE? ►GRAM PANCHAYAT DEVELOPMENT
• The Sixth Schedule under Article 244 (2) provides for the PLAN-SABKI YOJANA, SABKA VIKAS
creation of Autonomous District Councils (ADC) in an
The central government to launch the People's Plan
Autonomous District and Regional Councils for
Campaign, also known as “Sabki Yojana Sabka Vikas”.
autonomous regions, and accords a host of legislative,
executive and judicial powers to these autonomous Objective: Is to draw up a development plan for each Gram
bodies. Panchayat (GP) in the country and place it on a website where
anyone can see the status of the government’s flagship
• It applies to certain tribal areas of the States of Assam,
schemes such as SBM and PM Awas Yojana.
Meghalaya, Tripura and Mizoram.
POWERS OF THE GOVERNOR IN RELATION TO 6TH
SCHEDULE
►VILLAGE SECRETARIAT
• The Governor has the power to annul or suspend any PROGRAMME
act or resolution of a District or Regional Council which Village Secretariat system launched in Andhra Pradesh.
he finds likely to endanger the safety of India or to be • Under the new system, the AP government, one Village
prejudicial to public order. Secretariat has been set up for every population of 2,000,
• The Governor can suspend the Council and exercise all
the powers vested in the Council. However, the Governor

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with each one comprising close to a dozen village officials • According to Section 6(a) of the Act, before joining India
from various departments like police, revenue, etc. or Pakistan, these states had to sign an Instrument of
• The idea behind it is to ensure that its services reach Accession, in which they would specify the terms on which
they were becoming part of the new dominions.
people on the ground, and also to strengthen the existing
Panchayat Raj system. INSTRUMENT OF ACCESSION WITH JAMMU & KASHMIR
• Such an Instrument of Accession was signed by the
Maharaja Hari Singh of Jammu & Kashmir on October 26,
►GOAL (GOING ONLINE AS LEADERS)
1947- essentially, a treaty between the state of Jammu and
INITIATIVE Kashmir and India. Mountbatten accepted it on October
Second phase of GOAL (Going Online as Leaders) initiative. 27, 1947.

• GOAL (Going Online as Leaders) is a digitally-enabled • Initially, the Maharaja had decided to remain independent
mentorship initiative of Facebook for empowering tribal and sign standstill instruments with India and Pakistan, but
youth to become leaders for tomorrow in the respective after tribesmen and army men from Pakistan invaded, he
fields. sought India’s help, which sought the accession of the
state to the Dominion of India.
• GOAL Project is stated to aim at identifying and mobilizing
renowned people from industry (policy makers and • The Schedule appended to the Instrument of Accession
influencers), known for their leadership skills or roles, to gave Parliament the power to legislate in respect of J&K
digitally empower and personally mentor tribal youth from only on Defence, External Affairs and Communications.
tribal communities across multiple locations of India.
• The initiative has been designed to identify and attach 1 ►KVIC’S INITIATIVES TO GENERATE
Mentor who is expert in their respective fields, to four
EMPLOYMENT
tribal youth, who will be trained and mentored.
Khadi and Village Industries Commission (KVIC) and Goa
• Facebook had started a pilot project on its own in March
Government and have joined hands with an aim to generate
2019 in 5 states of India i.e. Madhya Pradesh, Jharkhand,
employment opportunities in Goa
West Bengal, Odisha, Maharashtra, wherein they have
identified 100 Tribal Mentees and 25 Mentors. Further, ABOUT
Facebook envisages to identify 5000 tribals from various • KVIC: The Khadi and Village Industries Commission is a
fields to be mentored by 1250 mentors in 5 years in a statutory body that was established under the Act of
phased manner. Parliament, 'Khadi and Village Industries Commission Act
of 1956'.

►INSTRUMENT OF ACCESSION • It is an apex organisation under the Ministry of Micro,


Small and Medium Enterprises, with regard to khadi and
From 2020, people in the Union Territory of Jammu and Kashmir
village industries within India, which seeks to - "plan,
had a public holiday on October 26 for the first time. The day,
promote, facilitate, organise and assist in the
which will be observed as Accession Day, marks the signing of the
establishment and development of khadi and village
Instrument of Accession by the last Dogra ruler of J&K, Maharaja
industries in the rural areas in coordination with other
Hari Singh, with the then Governor-General of India, Lord
agencies engaged in rural development wherever
Mountbatten.
necessary.
WHAT IS INSTRUMENT OF ACCESSION?
THE MAIN OBJECTIVES OF KVIC ARE AS FOLLOWS:
• As per the Indian Independence Act, 1947, British India
• To provide social employment.
was divided into India and Pakistan and the roughly 580
princely states that had signed subsidiary alliances with • To produce saleable articles.
the British had their sovereignty restored to them. • To create self-reliance amongst the poor.
• In essence, these princely states were given the option to
remain independent or to join the Dominion of India or
Pakistan.

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ORE
CORE – INDIAN POLITY
• Regulating act is considered the first significant step of the
CONSTITUTIONAL British Parliament to interfere into the affairs of the India.

DEVELOPMENT UNDER • Before the passage (and implementation) of the Regulating


Act (1773), British Parliament was primarily interested in
BRITISH RULE getting maximum revenue from the East India Company.
• After the Regulating Act, Civil and Criminal laws for India
►REGULATING ACT OF 1773 were also defined.
• It was first step taken by the British Parliament to
control and regulate the affairs of the EIC in India.
►PITT’S INDIA ACT OF 1784
• The Governor of Bengal (Fort William) was designated as
• The Pitt’s India Act, 1784 also called the East India
the Governor-General (of Bengal).
Company Act, 1784 was passed by the British Parliament
• Warren Hastings became the first Governor-General of to correct the defects of the Regulating Act of 1773.
Bengal.
• Company’s political functions were differentiated from its
• Executive Council of the Governor-General was commercial activities for the first time.
established (Four members). There was no separate
• For political matters, Board of Control was created and
legislative council.
for commercial affairs, the Court of Directors was
• It subordinated the Governors of Bombay and Madras to appointed.
the Governor-General of Bengal.
• It resulted in dual control or joint government in India by
• The Supreme Court was established at Fort William Crown in Great Britain and the British East India Company,
(Calcutta) as the Apex Court in 1774.Sir Elijah Imphey was with crown having ultimate authority.
the first Chief Justice of this Supreme Court.
• This act made the company directly subordinate to the
Why regulating act (1773) is considered the start of British government.
constitutional development of India?
• The Governor-General was given the right of veto.

►CHARTER ACTS
CHARTER ACT 1793 CHARTER ACT,1813 CHARTER ACT,1833 CHARTER ACT,1853

EIC’s Commercial EIC’s rule in India was Again rule was extended for 20 It extended companies Rule but
Privileges were extended for another years but Company’s monopoly in did not specify the time period.
extended for 20 Years 20 years. Trade trade was totally abolished.
Monopoly was ended
except for the trade in
tea and with China.

The company’s dividends The company’s dividend Governor of Bengal made Separated Legislative & executive
were allowed to be was fixed at 10.5%. Governor General of function of G.G’s council. Governor
raised to 10%. India.(William bentinck was the General’s Legislative council
st
1 G.G of India).deprived Governor came to be known as Indian
of Bombay & Madras of their Legislative Council.
Legislative power.

The salaries of the staff Granted permission to This act permitted the English to First time, local representation
and the Board of Control the missionaries to settle freely in India. This act was introduced into the legislative
were also now charged come to India and legalised the British colonisation council in the form of 4 members
to the company. engage in religious of the country. from the local governments of
proselytization. Bengal, Bombay, Madras and
North Western Provinces

This Act separated the Rs.1 Lakh were to be Attempted to introduce a system of It introduced an open competition
revenue administration set aside for spread of open competition for selection of for civil service. Civil service was
and the judiciary education and Civil servants. thrown open for Indians also.(

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functions of the knowledge in India. India’s first law commission was Macaulay committee on civil
company leading to the set up under Charter act of 1833 services was appointed in 1854.)
disappearance of Maal and Lord Macaulay was made its
Adalats (revenue courts). Chairman.

►INDIAN COUNCIL ACTS


INDIAN COUNCIL ACT 1861 INDIAN COUNCIL ACT 1892 INDIAN COUNCIL ACT 1909

The 1861 Act restored the legislative The act increased the number of This act is also known as Morley Minto
powers of Bombay and Madras additional or non-official members in the Reforms. (Lord Morley was secretary of
Presidencies taken away by the legislative councils State and Lord Minto was Viceroy of India)
Charter Act of 1833.So It initiated The size of legislative councils at the Centre
the process of decentralization. and the provinces increased.

It provided for representation of It was the first step towards a The legislative councils at the Centre and the
Indians in viceroy’s Legislative council representative form of government in provinces increased in size.
i.e. central Legislative council which modern India. It made provision for The elected members were elected
was created by Charter Act, 1853. indirect election of some of the members indirectly.
of Central Legislative Council through
The elected members were from the local
provincial council. However word
bodies, the chambers of commerce,
‘election’ was not mentioned in Act.
landlords, universities, traders’ communities
and Muslims. It introduced separate
electorates for the Muslims.

The legislative council had limited Members were given the right to ask The members could discuss the budget and
role.It was chiefly advisory. No questions on the budget (which was move resolutions. They could also discuss
discussion on finance was barred in the Councils Act 1861)or matters of public interest.
permitted. matters of public interest but had to give They could also ask supplementary
notice of 6 days for it.They cant vote the questions.
budget.They could not ask
No discussions on foreign policy or on
supplementary questions.
relations with the princely states were
permitted.

Provided for establishment of new The principle of representation was Lord Minto appointed (on much persuasion
Legislative council in the provinces of initiated through this act. The district by Morley) Satyendra P Sinha as the first
Bengal (1862), NWFP (1866) and boards, universities, municipalities, Indian member of the Viceroy’s Executive
Punjab (1897) chambers of commerce and zamindars Council.
were authorised to recommend
members to the provincial councils.

Lord Canning nominated three The legislative councils were empowered Two Indians were nominated to the Council
Indians to the Council in 1862 to make new laws and repeal old laws of the Secretary of State for Indian affairs.
namely, the Raja of Benares, the with the permission of the Governor-
Maharaja of Patiala and Sir Dinkar General.
Rao.

►GOVERNMENT OF INDIA ACTS


GOVERNMENT OF INDIA ACT,1919 GOVERNMENT OF INDIA ACT,1935

The Dyarchy introduced in the Provincial Governments.The Abolition of provincial dyarchy and introduction of dyarchy
provincial subjects were divided into two categories viz. at centre.
reserved and transferred. The reserved subjects were kept With the abolition of Dyarchy at provinces, the entire provincial
with the Governor and transferred subjects were kept administration was instructed to the responsible ministers who
with Governor acting with the Indian Ministers. were controlled and removed by the provincial legislatures.

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A bicameral legislature was set up at centre with two It introduced bicameralism in six out of eleven provinces.
houses viz. Legislative Assembly and Council of State. Thus, the legislatures of Bengal, Bombay, Madras, Bihar,
Legislative Assembly was the lower house with three years as Assam and the United Provinces were
its tenure. The tenure of Council of State was five years. made bicameral consisting of a legislative council (upper
house) and a legislative assembly (lower house).

Under the Government of India Act 1919, the franchise was The act extended the franchise. This act introduced for the
restricted. There was no universal franchise, no adult first time the direct elections. About 10% of the total
suffrage and no voting powers for women. population got the voting rights.

The act provided for the establishment of a Public Service Provided for establishment of Reserve Bank of India, separate
Commission in India for the first time. Public Service Commission for Federation and Provinces and
Federal Court.

The communal representation was extended and Sikhs, Extended separate electorates for scheduled castes,
Europeans and Anglo Indians were included. Women and Labors.

►SIMON COMMISSION, 1927 • The draft constitution prepared by the committee was
called the Nehru Committee Report or Nehru Report.
• The Act of 1919, had provided for the appointment of a
Commission to review the provisions of the act. The British
Government announced the appointment of a Seven- ►INDIAN INDEPENDENCE ACT OF
Member Statutory Commission under the Chairmanship 1947
of Sir John Simon.
• The Indian Independence Act which came into force on
• All the members of the commission were British and 18th July, 1947, divided British Indian territory into two
hence, all the parties of India boycotted the Commission. new states: India and Pakistan, which were to be
Congress and Muslim League boycotted it where as the dominions under the Commonwealth of Nations until their
Justice party of south India supported the government. constitutions came into effect. The Constituent Assembly
• Lord Birkenhead was responsible for setting up the was divided into two separate states.
Commission. • To demarcate boundary line between India and Pakistan a
• Clement Atlee was a member of the Commission. He commission was constituted under the chairmanship of Sir
would later become Britain’s Prime Minister during Indian Cyril Radcliffe.
independence and partition in 1947. • The Act abolished the office of viceroy and provided for
• In Lahore, Lala Lajpat Rai, who was leading the each dominion, a Governor-General.
demonstration against the Simon Commission, was • Lord Mountbatten became the first Governor-General
brutally lathi-charged. He died later that year due to of dominion India. Later, the Constituent Assembly
injuries sustained then. elected C Rajagopalachari as the Governor-General of
independent India.
►NEHRU REPORT, 1928 India’s colonial past is divided into three distinct phases:
• Simon Commission was vehemently opposed by Indians a) Under East India Company, which had charters from the
especially the Congress Party for the lack of a single Indian British Crown for trade and commerce
in the Commission. b) When the Viceroy was the administrative head of India and
• So, the Secretary of State for India, Lord Birkenhead c) When the British Parliament made rules of its Indian
challenged the Indian leaders to draft a constitution Subjects.
for India, implicitly implying that Indians were not capable
The legal rulings during the first period were names as the
of finding a common path and drafting a constitution.
Charter Acts, When Viceroy was the administrative head, then
• An All Party Conference was held and a committee these were known as the Councils Act (India Council Act of
appointed with the task of drafting a constitution. 1861 etc) and when affairs of India were regulated by the
• This committee was headed by Motilal Nehru with British Parliament directly these were called as the
Jawaharlal Nehru as the Secretary. Government of India Acts (GoI Act of 1919 and 1935).

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► FRAMING OF THE Steering Committee Rajendra Prasad

Ad hoc Committee on the Rajendra Prasad


CONSTITUTION OF INDIA National Flag
• The idea of “Constituent Assembly” for India was mooted Finance and Staff Committee Rajendra Prasad
for the first time by MN Roy in 1934.
Credential Committee Alladi Krishnaswami Ayyar
• The Constituent Assembly’s demand was first accepted
by the British in August Offer (1940). However, it was in House Committee B. Pattabhi Sitaramayya
Cripps Mission, that the British accepted for the
Order of Business Committee K.M. Munsi
Constitution Assembly consisting entirely of Indians.
The Constituent Assembly was set-up in November, 1946 Committee on the Functions of G.V. Mavalankar
as per the Cabinet Mission Plan of 1946. the Constituent Assembly
• The elections to the Constituent Assembly was indirect. States Committee Jawaharlal Nehru
• There were a total of 389 members in the Constituent
Advisory Committee on Vallabhbhai Patel
Assembly of which 296 were elected by the members of
Fundamental Rights, Minorities
the provincial assemblies and the rest were nominated by
and Tribal and Excluded Areas
the Princely States.
• The strength of Constituent Assembly war reduced to 299 Minorities Sub-Committee H.C. Mookherjee
after the partition. Its first meeting was held on 9th Fundamental Rights Sub- J.B. Kripalani
December, 1946 with Sachidanand Sinha as the interim Committee
President.
North-East Frontier Tribal Areas Gopinath Bardoloi
• On 11th December, 1946, Dr Rajendra Prasad was
and Assam Exluded & Partially
elected as the President of the Constituent Assembly.
Excluded Areas Sub-Committee
Objective Resolution was moved by Jawaharlal Nehru.
• The Drafting Committee was appointed, with Dr BR Union Constitution Committee Jawaharlal Nehru
Ambedkar as the Chairman. Drafting Committee B.R. Ambedkar
• The Constituent Assembly took almost 2 Years, 11
Months and 18 days to complete its historic task of
drafting the Constitution for Independent India. ►SOURCES OF INDIAN
• On 26th November, 1949, the people of India through the
Constituent Assembly adopted, enacted and gave
CONSTITUTION
themselves the Constitution of India.
Fundamental rights, independence of
• The Constitution came into full operation with effect from judiciary, judicial review, impeachment
26th January, 1950. US Constitution of the President, removal of supreme
• When the Constitution of India came into force on 26th court and high court judges and post of
January, 1950, it repealed the Indian Independence Act. Vice President
India ceased to be a dominion of the British Crown and
Parliamentary government, Rule of Law,
became a sovereign, democratic and republic.
Legislative procedure, single citizenship,
FUNCTIONS PERFORMED BY THE CONSTITUENT ASSEMBLY British
cabinet system, prerogative writs,
Constitution
• It adopted the National flag on 22nd July, 1947. Parliamentary privileges and
• It ratified India's, membership of Commonwealth in the bicameralism.
May, 1949. Irish Directive Principles of State Policy,
• It elected Dr Rajendra Prasad as the first President of Constitution nomination of members
India on 24th January, 1950.
Concurrent List, freedom of trade,
• It adopted the National Anthem and National song on Australian
commerce and inter-course and joint
24th January, 1950. Constitution
sitting of the two Houses of Parliament
Committee on the Rules of Rajendra Prasad Federation with a strong Center, vesting
Procedure Canadian
of residuary powers in the center,

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Constitution appointment of State governors by the • The Preamble does not grant any power but it gives a
Center and advisory jurisdiction of the direction purpose to the Constitution and also outlines its
Supreme Court objectives.

Weimar • The Preamble contains the fundamentals of the


Suspension of Fundamental Rights Constitution and serves the following important purposes:
Constitution of
during Emergency
Germany ο It contains the enacting clause which brings the
constitution into force
Concurrent List, freedom of trade,
Australian ο It declares the rights and freedoms intended for its
commerce and inter-course and joint
Constitution people
sitting of the two Houses of Parliament.
ο It declares the basic type of government and polity
Soviet
Fundamental duties and the ideal of which is sought to be established in India
Constitution
justice (social economic and political) in ο It throws light on the source of the Constitution viz. the
(USSR, now
the Preamble People of India
Russia)
• Thus, the source of the Constitution are the people
French Republic and the ideals of liberty,
themselves from whom the Constitution derives its
Constitution equality and fraternity in the Preamble.
ultimate sanction. The People of India thus constitutes the
Procedure for amendment of the sovereign political body who hold the ultimate power and
South African
Constitution and election of members of who conduct the government of the country through their
Constitution
Rajya Sabha elected representatives.
IS THE PREAMBLE PART OF THE CONSTITUTION?
Federal Scheme, Office of Governor,
Government of Judiciary, Public Service Commission • The Preamble of the constitution was added after rest of
India Act 1935 Emergency provisions and the constitution was already enacted.
administrative details • The Supreme Court in the Berubari Union Case (1960) said
that the preamble in not the part of the constitution.
Japanese
Procedure established by Law. • However, in the Keshwavand Bharti case (1973), the
Constitution
Supreme Court overturned its previous decision and held
that preamble is a part of constitution and can be
►PREAMBLE amended under article 368.
• Again, in the LIC of India case, the Supreme Court held that
WE, THE PEOPLE OF INDIA, having solemnly resolved to
the preamble of Indian constitution is its part.
constitute India into a SOVEREIGN SOCIALIST SECULAR
• In the SR Bommai case, the Supreme Court held that
DEMOCRATIC REPUBLIC and to secure to all its citizens:
preamble indicates basic structure of the constitution.
JUSTICE, social, economic and political;
NOTE: “Objectives resolution” introduced by Jawahar Lal
LIBERTY of thought, expression, belief, faith and worship;
Nehru was later Modified as a preamble of India.
EQUALITY of status and of opportunity;
WHAT PROVISIONS OF INDIAN CONSTITUTION CAME INTO
and to promote among them all th
FORCE FROM 26 NOVEMBER 1949?
FRATERNITY assuring the dignity of the individual and the
• Some provisions of the Constitution pertaining to
unity and integrity of the Nation;
citizenship, elections, provisional parliament, temporary
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of and transitional provisions, and short title contained in
November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391,
OURSELVES THIS CONSTITUTION. 392 and 393 came into force on November 26, 1949 itself.
• The vision given in the Preamble of our Constitution is the • The remaining provisions (the major part) of the
guiding light for ensuring the spread and reach of the Constitution came into force on January 26, 1950. This day
political, economic and social democracy in the country. is referred to in the Constitution as the ‘date of its
• The word Socialist, Secular, & integrity were added by commencement’, and celebrated as the Republic Day.
nd
Constitution 42 Amendment. (The preamble has been
amended only once so far)

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►PART-III: FUNDAMENTAL Right to Freedom of Religion Article 25 - 28

Cultural and Educational Article 29 - 30


RIGHTS (F.R.) Rights
• Rights can be classified into Natural Rights, Human Rights, Right to Constitutional Article 32 – 35
Fundamental Rights, Constitutional Rights and Staututory Remedies
Rights
• Natural Rights – Natural Rights are universal in nature
inherent to all living things. ►STATE (ARTICLES 12)
• Human Rights – They are similar to natural rights i.e. they • According to Article 12, ‘the state’ includes the
are universal in nature but inherent only to humans. ο Government and Parliament of India.

• Constitutional Rights – These are rights provided by the ο Government and Legislature of States.
constitution to the people. Example: Article 326 provides ο All local or state authorities such as municipalities,
for inversal adult franchise. panchayats, district boards, improvement trusts, etc
• Statutory Rights – These are rights provided to people by within the territory of India or under the control of
various laws passed by the legislature. Example: Government of India.
NATIONAL FOOD SECURITY ACT, MGNREGA etc. • Over the years, the concept of state has been expanded
• Fundamental Rights – These are provided in Part-III of through the various judgments of Supreme Court.
the Indian Constitution. Supreme Court have emphasised that the concept of
• The entrenched Fundamental Rights have a dual aspect. agency or instrumentality of the Government is not limited
One, they confer justiciable rights on the people which can to a corporation created by a statute but is equally
be enforced through the Courts against the government. applicable to a company or a society.
Second, they also constitute restrictions and limitations on • In the case of Ajay Hasia v. Khalid Mujib Sehravardi, the
government actions. Thus, a government cannot take any Supreme Court laid down the relevant tests to determine
action, administrative, legislative or punitive by which any the existence of State agency or instrumentality:
fundamental right is infringed. ο If the entire share capital of the corporation is held by
• Entrenchment means that the guaranteed rights under Government, it would go a long way towards indicating
Part III of the Constitution cannot be taken by ordinary law that the corporation is an instrumentality or agency of
and such law curtailing any fundamental rights would be Government.
declared unconstitutional on judicial review. ο Where the financial assistance of the State is so much
• As per Supreme Court has pointed out, the purpose of as to meet almost entire expenditure of the
enumerating fundamental rights in the Constitution “is to corporation, it would afford some indication of the
safeguard the basic human rights from the vicissitudes of corporation being impregnated with governmental
political controversy and to place them beyond the reach of character.
political parties who by virtue of their majority, may come to ο Whether the corporation enjoys a monopoly status
form the government at the Centre or the State.” which is State conferred or State protected.
• However, fundamental rights are not absolute rights and ο Whether the State has a ‘deep and pervasive’ control
are subject to reasonable restrictions imposed in the over it.
interests of the sovereignty and integrity of India, the
ο If the functions of the entity are of public importance
security of the State, friendly relations with foreign States,
and closely related to governmental functions.
public order, decency or morality, or in relation to
ο If a department of Government itself is transferred to a
contempt of court, defamation or incitement to an offence.
corporation.
The Fundamental Rights in the Indian Constitution have
However, the Supreme Court added that these tests were not
been grouped under the following heads:
exclusive and were merely indicative. The matter must be
Right to Equality Article 14 - 18 decided on case basis whether on facts the body is
Right to Freedom Article 19 - 22 financially, functionally, and administratively dominated
by, or under the control of the Government and such control
Right Against Exploitation Article 23 - 24 must be pervasive and not mere regulatory. If these

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conditions are met, then a body can be called ‘State’ under exceptions to it are, the president of India, state governors,
Article 12. Public servants, Judges, Foreign diplomats, etc., who enjoy
immunities, protections, and special privileges.

►LAWS INCONSISTENT WITH ARTICLE 15

FUNDAMENTAL RIGHTS & JUDICIAL • Article 15 of the Constitution prohibits discrimination


against any citizen on the grounds of race, religion, caste,
REVIEW (ARTICLES 13) sex, or place of birth.
ARTICLE 13 - LAWS INCONSISTENT WITH OR IN
• However, as per Article 15(4), the government may make
DEROGATION OF THE FUNDAMENTAL RIGHTS
any special provision for the advancement of any socially
• Article 13 gives teeth to the fundamental rights and makes and educationally backward classes of citizens or for
them justiciable. the Scheduled Castes and the Scheduled Tribes.
• Article 13(1) declares that all pre-Constitution laws shall be • Article 15(5) provides that state may make law for the
void to the extent to the extent of their inconsistency with advancement of any socially and educationally
Fundamental Rights. backward classes of citizens or for the Scheduled
• Article 13(1) - All laws in force in the territory of India Castes or the Scheduled Tribes in so far as such special
immediately before the commencement of this Constitution, in provisions relate to their admission to educational
so far as they are inconsistent with the provisions of this Part, institutions including private educational institutions,
shall, to the extent of such inconsistency, be void. whether aided or unaided by the State, other than the
• According to Article 13(2), the State ‘shall not make any minority educational institutions (referred in Article 30).
law’ which takes away or abridges the fundamental rights • The Constitution (One Hundred and Third Amendment)
and any law made by the state contravening any Act, 2019 has added a new provision – Article 15(6),
fundamental right shall to the extent of such inconsistency whereby
be void. This provision deals with post-Constitutional laws. (a) State can make any special provision for the
• So, we can say that Article 13 empowers judiciary, advancement of any “economically weaker sections of
especially the Supreme Court to act as the guardian, citizens”
protector and the final interpreter of the Fundamental (b) State can make any special provision for the
Rights. Supreme Court has also said that judicial review is advancement of any “economically weaker sections of
also one of the ‘basic feature’ of the Constitution. citizens” relate to their admission to educational
• Parliament cannot curtail the power of judicial review by institutions including private educational institutions,
passing any legislation or through a constitutional whether aided or unaided by the State.
amendment. (c) However, such reservation will not apply to minority
educational institutions.
►RIGHT TO EQUALITY (ARTICLES 14- (d) Reservation to such educational institutions would be in
18) addition to the existing reservations and subject to a
maximum of 10 per cent.
ARTICLE 14 (EQUALITY BEFORE LAW)
ARTICLE 16
• Article 14 says that state shall not deny to any person
• Article 16 of the Constitution prohibits discrimination in
equality before the law or the equal protection of the laws
employment in any government office. However, as per
within the territory of India.
Article 16(4), the state may make any provision for the
• Art. 14 is available to any person including legal persons
reservation of appointments or posts in favour of any
viz. statutory corporation, companies, etc.
backward class of citizens which, in the opinion of the
• Art. 14 is taken from the concept of equal protection of State, is not adequately represented in the services
laws has been taken from the Constitution of USA. under the State.
• The concept of the rule of law is a negative concept while • The Constitution (One Hundred and Third Amendment)
the concept of equal protection of laws is a positive Act, 2019 has added a new provision - Article 16(6) where
concept. the state may make any provision for the reservation of
• The concept of equality before the law is equivalent to the appointments or posts in favour of any economically
second element of the concept of the ‘rule of law’ weaker sections of citizens in addition to the existing
propounded by A.D. dicey, the British jurist. But certain reservation and subject to a maximum of 10 per cent.

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• The reservation of up to 10% for “economically weaker 3. There must be a purpose for which such restrictions are
sections” in educational institutions and public imposed
employment will be in addition to the existing reservation. • Reasonable Restriction open to Judicial Review -
ARTICLE 17 (ABOLITION OF UNTOUCHABILITY) Whether a restriction is reasonable or purposeful is to be
Article 17 says that Untouchability is abolished and its determined finally by Courts when a law is challenged as
practice in any form is forbidden. The enforcement of any unconstitutional. Hence, restrictions imposed by the
disability arising out of untouchability shall be an offense legislature on freedom are not final or conclusive and is
punishable by law. open to Judicial Review.

ARTICLE 18 (ABOLITION OF TITLES) IS RIGHT TO INTERNET ACCESS A FUNDAMENTAL RIGHT?

• Article 18 says that no title, not being a military or • The Supreme Court declared that access to the internet is
academic distinction, shall be conferred by the State. No protected under Article 19 of the Constitution.
citizen of India shall accept any title from any foreign state. • A three-judge bench of the Court affirmed that the right to
• The awards, Bharat Ratna, Padma Vibhuhan, Padma freedom of speech and expression, as guaranteed to all
Bhushan and Padma Shri, called as The National Awards citizens under the first section of that article, covers the
would not amount to title within the meaning of Article 18. right to go online.
• In effect, even if left unsaid, this would make net access a
fundamental right.
►RIGHT TO FREEDOM (ARTICLES 19-
ARTICLE 20 (PROTECTION IN RESPECT OF CONVICTION FOR
22)
OFFENSES)
ARTICLE 19 FREEDOM & RESTRICTIONS
• No person shall be convicted of any offence except for
• All citizens shall have the right violation of a law in force at the time of the commission of
ο to freedom of speech and expression. the Act.
ο to assemble peacefully and without arms. • No person shall be prosecuted and punished for the same
ο to form associations or unions and cooperatives offence more than once.

ο to move freely throughout the territory of India. • No person accused of any offence shall be compelled to be
a witness against himself.
ο to practice any profession or to carry on any
occupation, trade or business. ARTICLE 21

• However, the freedoms guaranteed by Article 19 (1) are • No person shall be deprived of his life or personal liberty
not absolute and each of these rights is liable to be except according to procedure established by law.
controlled, curtailed and regulated to some extent by laws • However, procedure established by law will have the same
made by Parliament or respective State Legislatures. meaning as that of due process of law as held in Maneka
• Accordingly clauses (2) to (6) of Article 19 lay down the Gandhi case 1978.
grounds and the purposes for which a legislature can ARTICLE 21A
impose ‘reasonable restrictions’ on the rights guaranteed The State shall provide free and compulsory education to all
by Article 19(1). children of the age of 6-14 years in such manner as the State
• Restrictions imposed under Article 19 (2) to (6) serves two may, by law, determine.
purpose: ARTICLE 22
i. they specify that these freedoms are not absolute but are • Any person who is arrested and detained in custody must
subject to regulation be informed about the grounds of his arrest. The person
ii. they put a limitation on the power of a legislature to arrested shall not be denied the right to consult, and to be
restrict these freedoms. defended by a legal practitioner of their choice.
• Three important characteristics of reasonable restrictions • Every person who is arrested and detained in custody shall
imposed are: be produced before the nearest magistrate within a
1. The restrictions can be imposed only by or under the period of twenty-four hours of such arrest.
authority of law. No restriction can be imposed by • However, the protection guaranteed under Article 22 shall
executive action alone without a corresponding law not be allowed to
2. Each restriction must be reasonable ο any person who for the time being is an enemy alien

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ο to any person who is arrested or detained under any ARTICLE 27
law providing for preventive detention Freedom as to payment of taxes for promotion of any
• Preventive detention shall not be authorised for a period particular religion — No person shall be compelled to pay
longer than three months unless approved by an Advisory any taxes, the proceeds of which are specifically appropriated
Board. in payment of expenses for the promotion or maintenance of
any particular religion or religious denomination.

►RIGHT AGAINST EXPLOITATION ARTICLE 28

(ARTICLES 23-24) Freedom as to attendance at religious instruction or religious


worship in certain educational institutions
ARTICLE 23
Prohibition of traffic in human beings and forced labour - Institution Religious Instruction
Traffic in human beings and beggar and other similar forms Government Not Permitted
of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with Private (Aided) Permitted (Voluntary Basis)
law. Private (unaided) Permitted (Voluntary Basis)
ARTICLE 24
Administred by State Religious Instruction can be
Prohibition of employment of children in factories, etc.— (Established under religious indoctrinated. Eg.:
No child below the age of fourteen years shall be employed Endowment Act) Madrases, Christian
to work in any factory or mine or engaged in any other Missionary Schools
hazardous employment.

►CULTURAL AND EDUCATIONAL


►RIGHT TO FREEDOM OF RELIGION
RIGHTS (ARTICLES 29-30)
(ARTICLES 25-28)
ARTICLE 29
ARTICLE 25
Protection of interests of minorities
Freedom of conscience and free profession, practice and
propagation of religion - All persons are equally entitled to • Any section of the citizens residing in the territory of India
freedom of conscience and the right freely to profess, or any part thereof having a distinct language, script or
practise and propagate religion. However, this right is subject culture of its own shall have the right to conserve the
to subject to public order, morality and health. same.

However, the state can make any law to • No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of
• regulate or restrict any economic, financial, political or
State funds on grounds only of religion, race, caste,
other secular activity which may be associated with
language or any of them.
religious practice;
ARTICLE 30
• provide for social welfare and reform or the throwing open
of Hindu religious institutions of a public character to all Right of minorities to establish and administer
classes and sections of Hindus. educational institutions

The wearing and carrying of kirpans shall be deemed to be • All minorities, whether based on religion or language, shall
included in the profession of the Sikh religion. have the right to establish and administer educational
institutions of their choice.
ARTICLE 26
• The State shall not, in granting aid to educational
Freedom to manage religious affairs – Subject to public
institutions, discriminate against any educational
order, morality and health, every religious denomination or
institution on the ground that it is under the management
any section thereof shall have the right
of a minority, whether based on religion or language.
(a) to establish and maintain institutions for religious and
ARTICLE 31
charitable purposes;
th
• Repealed by 44 CAA 1978; placed under Art. 300A
(b) to manage its own affairs in matters of religion;
Providing for ordinary Legal Rights; Art. 31A; 31B; 31C were
(c) to own and acquire movable and immovable property; and inserted into the Constitution.
(d) to administer such property in accordance with law • Article 31A

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• Inserted by 1st CAA saves certain categories of Laws territory of India. It empowers the Parliament to indemnify
(related to Agrarian reforms) on grounds of being violative any government servant or any other person for any act done
of Article 14; 19 & 31. by him in connection with the maintenance or restoration of
• (Presently only Art. 14 & 19) order in any area where martial law was in force. The
Parliament can also validate any sentence passed,
ARTICLE 31B
punishment inflicted, forfeiture ordered or other act done
• 1st CAA 1951; IXth schedule; completely immune fro under martial law in such area.
Judicial review; any category of law, I.R. Coelho case 2007;
complete Blanket immunity against Basic Structure;
subject to Judicial review post 24th March 1973 on grounds ►RIGHTS OUTSIDE PART III
of Basic structure Doctrine Besides the Fundamental Rights included in Part III, there are
ARTICLE 31C certain other rights contained in other parts of the
th Constitution. These rights are known as constitutional
• 25 CAA 1971; Laws to give effect to Article 39(b) & (c)
rights or legal rights or non-fundamental rights. They are:
saved even if violative of Article of Article 14, 19 & 31
(presently Article 14 & 19); scope of Article 31C enlarged to 1. No tax shall be levied or collected except by authority of
entire DPSP by 42nd CAA; Minerva mills case struck down law (Article 265 in Part XII).
the enlarged scope; Doctrine of Harmonics Balance. 2. No person shall be deprived of his property save by
authority of law (Article 300-A in Part XII).

►RIGHT TO CONSTITUTIONAL 3. Trade, commerce and intercourse throughout the territory


of India shall be free (Article 301 in Part XIII)
REMEDIES ARTICLE 32
4. The elections to the Lok Sabha and the State Legislative
It deals with the right to move to the supreme court for the
Assembly shall be on the basis of adult suffrage (Article
enforcement of Fundamental Rights including the Writs of (i)
326 in Part XV).
Habeas corpus, (ii) Mandamus, (iii) Prohibition, (iv) Certiorari
and (iv) Quo warranto. Even though the above rights are also equally justiciable, they
are different from the Fundamental Rights. In case of
LOCUS violation of a Fundamental Right, the aggrieved person can
WRIT AGAINST WHOM
STANDI directly move the Supreme Court for its enforcement under
Habeas Corpus No State & Private Individuals Article 32, which is in itself a fundamental right. But, in case
of violation of the above rights, the aggrieved person
Mandamus No Public Authorities
cannot avail this constitutional remedy. He can move the
Prohibition Yes Judicial & Quasi Judicial High Court by an ordinary suit or under Article 226 (writ
Certiorari Yes Judicial & Quasi-Judicial jurisdiction of high court).

Quo Warranto No Public Authorities

►DIRECTIVE PRINCIPLES OF
►ARMED FORCES AND FUNDAMENTAL
RIGHTS ARTICLE 33 STATE POLICY (DPSP)
By article 33 of the Constitution, Parliament is empowered to • The Directive Principles of State Policy are contained in
enact laws determining to what extent any of the rights Part IV, Articles 36-51 of the Indian constitution.
conferred by Part III of the Constitution shall, in their • The idea of directives being included in the constitution
application to the members of the Armed Forces or the was borrowed from the constitution of Ireland.
Forces charged with the maintenance of public order, be
• The fundamental rights and the directive principles have a
restricted or abrogated so as to ensure the proper discharge
common origin but are differentiated on grounds of
of their duties and the maintenance of discipline among
justifiable and non-justifiable rights respectively.
them.
• Basically, the idea is that the “state” should keep these
DPSPs in mind while framing laws, policies, ordinances etc.
►MARTIAL LAW AND FUNDAMENTAL They are basically a code of conduct for the legislature and
RIGHTS ARTICLE 34 administrators of the country.
Article 34 provides for the restrictions on fundamental
rights while martial law is in force in any area within the

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►DPSP CLASSIFICATION AMENDMENTS TO DPSP

The Directive Principles may be classified into 3 broad CONSTITUTIONAL


ARTICLE YEAR
AMENDMENT ACT (CAA)
categories—Socialistic, Gandhian and Liberal-intellectual. th
Article 38(2) 44 1978
SOCIALISTIC Article 39 (f); 42
nd
1976
Principal among this category of directives are: Article 39 A;
Article 43 A;
a) securing welfare of the people (Art. 38) Article 48 A
th
b) securing proper distribution of material resources of the Article 45 86 2002
th
community as to best sub serve the common-good, equal Article 43B 97 2011
pay for equal work, protection of childhood and youth
against exploitation. etc. (Art.39),
c) Equal justice and free legal aid (Art. 39A, added by 42
nd
►DIRECTIVES OUTSIDE
Amendment) PART IV
d) securing right to work, education etc. Art. (41),
Apart from the Directives included in Part IV, there are some
e) securing just and humane conditions of work and other Directives contained in other Parts of the Constitution.
maternity relief (Art. 42) etc. They are:
f) Participation of workers in management of industries (Art 1. Claims of SCs and STs to Services: The claims of the
nd
43A, added by 42 Amendment) members of the Scheduled Castes and the Scheduled Tribes
shall be taken into consideration, consistently with the
g) Promotion of Co-operative societies (Art 43B, added by
th maintenance of efficiency of administration, in the making of
97 Amendment)
appointments to services and posts in connection with the
GANDHIAN affairs of the Union or a State (Article 335 in Part XVI).
Principal among such directives are: 2. Instruction in mother tongue: It shall be the endeavour
a) to organize village panchayats (Art. 40), of every state and every local authority within the state to
provide adequate facilities for instruction in the mother-
b) to secure living wage, decent standard of life, and to
tongue at the primary stage of education to children
promote cottage industries (Art.43),
belonging to linguistic minority groups (Article 350-A in Part
c) to provide free and compulsory education to all children XVII).
up to 14 years of age (Art. 45),
3. Development of the Hindi Language: It shall be the duty
d) to promote economic and educational interests of the of the Union to promote the spread of the Hindi language
weaker sections of the people, particularly, the scheduled and to develop it so that it may serve as a medium of
castes and scheduled tribes, expression for all the elements of the composite culture of
e) to enforce prohibition of intoxicating drinks and cow- India (Article 351 in Part XVII). The above Directives are
also non-justiciable in nature. However, they are also given
slaughter and to organize agriculture and animal
equal importance and attention by the judiciary on the
husbandry on scientific lines (Arts. 46-48).
ground that all parts of the constitution must be read
LIBERAL-INTELLECTUAL together.
Principal among such directives are
a) to secure uniform civil code throughout the country
►FUNDAMENTAL DUTIES
(Art.44),
b) Protection and improvement of environment and (F.D.)
safeguarding of forests and wildlife (Art48A, added by
• The Fundamental Duties of citizens were added to the
nd
42 Amendment) Constitution by the 42nd Amendment in 1976, upon the
c) to separate the judiciary from the executive (Art.50), recommendations of the Swaran Singh Committee.
d) to protect monuments of historic and national • It was on the Soviet model that fundamental duties were
importance, and added.

e) to promote international peace and security.

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• They were originally ten in number, the Fundamental OATH OR AFFIRMATION
Duties were increased to eleven by the 86th Amendment President shall make and subscribe before the Chief Justice of
in 2002. India or, in his absence, the senior-most Judge of the
• They are mentioned in the Article 51A, Part IVA of the Supreme Court an oath or affirmation.
Indian Constitution. TENURE
• The Fundamental Duties noted in the constitution are as The President shall hold office for a term of five years from
follows: the date on which he enters upon his office and can be
It shall be the duty of every citizen of India — eligible for re-election to that office.

1. to abide by the constitution and respect its ideal and QUALIFICATIONS


institutions; Is a citizen of India, has completed thirty-five years of age is
2. to cherish and follow the noble ideals which inspired our qualified for election as a member of the House of the
national struggle for freedom; People.

3. to uphold and protect the sovereignty, unity and integrity RESIGNATION


of India; President may, by writing under his hand addressed to the
4. to defend the country and render national service when Vice-President, resign his office.
called upon to do so; They are non-justiciable in nature. IMPEACHMENT
5. to promote harmony and the spirit of common • The charge to impeach the President shall be preferred by
brotherhood amongst all the people of India transcending either House of Parliament and the other House shall
religious, linguistic and regional diversities, to renounce investigate the charge; atleast 14 days-notice has to be
practices derogatory to the dignity of women; given in writing signed by not less than one-fourth of the
6. to value and preserve the rich heritage of our composite total number of members of the House.
culture; • Such resolution has to be passed by a majority of not less
7. to protect and improve the natural environment including than two-thirds of the total membership of the House.
forests, lakes, rivers, and wild-life and to have compassion • If as a result of the investigation a resolution is passed by a
for living creatures; majority of not less than two-thirds of the total
8. to develop the scientific temper, humanism and the spirit membership of the House by which the charge was
of inquiry and reform; investigated or caused to be investigated, declaring that
the charge preferred against the President has been
9. to safeguard public property and to abjure violence;
sustained, such resolution shall have the effect of
10.to strive towards excellence in all spheres of individual
removing the President from his office as from the date on
and collective activity, so that the nation constantly rises to
which the resolution is so passed.
higher levels of endeavor and achievement.
11.Who is a parent or guardian, to provide opportunities for
education to his child, or as the case may be, ward ►VICE-PRESIDENT
th
between the age of 6 to 14 years. (added by 86
There shall be a Vice-President of India who shall be the ex-
amendment act)
officio Chairman of the Council of States and shall not hold
any other office of profit.
ELECTION
Vice-President shall be elected by the members of an
►PRESIDENT electoral college consisting of the members of both Houses
• There shall be a President in whom the executive power of of Parliament in accordance with the system of proportional
the Union shall be vested. representation by means of the single transferable vote and
the voting at such election shall be by secret ballot.
• The President shall be elected by the members of an
electoral college consisting of: QUALIFICATION

ο Elected members of both Houses of Parliament; and Shall be a citizen of India, must have completed 35 years of

ο The elected members of the Legislative Assemblies (LA)


age and is qualified for election as a member of Council of
of the States including LA of National Capital Territory of States.
Delhi and the Union territory of Pondicherry.

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TENURE COMPARATIVE STUDY BETWEEN PRIME MINISTER AND
Shall hold office for a term of five years from the date on CHIEF MINISTERS

which he enters upon his office. PRIME MINISTER CHIEF MINISTER


RESIGNATION Appointed by President Appointed by Governor
(Article 75) (Article 164)
Vice-President may, by writing under his hand addressed to
the President, resign his office. Based on advice of PM, Based on advice of CM,
President appoints other governor appoints other
REMOVAL
ministers. ministers.
Vice-President may be removed from his office by a Oath Administered by Oath Administered by
resolution of the Council of States passed by a majority of all President Governor
the then members of the Council and agreed to by the Holds Office during Pleasure of the Governor.
House of the People. However, at least fourteen days’ notice pleasure of the President
must be given of the intention to move such resolution.
Note : They can’t be removed by President and Governor as
OATH OR AFFIRMATION long as they enjoy majority in the Lok Sabha & State
Vice-President shall make and subscribe before the President Legislative Assembly.
an oath or affirmation.

 OTHER IMPORTANT POINTS COMPARATIVE STUDY BETWEEN PARLIAMENTARY SYSTEM


AND PRESIDENTIAL SYSTEM
DISPUTES ARISING OUT OF ELECTIONS
PARLIAMENTARY SYSTEM PRESIDENTIAL SYSTEM
All doubts and disputes arising out of or in connection with
1. Political Party with President directly elected
the election of a President or Vice-President shall be inquired
majority forms the Govt. by the People
into and decided by the Supreme Court whose decision shall
Eg. PM leader of major
be final. party.
COUNCIL OF MINISTERS 2. Executives part of the Executives are not part of
• There shall be a Council of Ministers with the Prime legislature (No-separation the legislature.
Minister at the head to aid and advise the President who of Powers)
shall, in the exercise of his functions, act in accordance 3. Executive Accountable to Executives are not
with such advice Legislature Accountable.

• However, President may require the Council of Ministers 4. Lower House can be House can’t be dissolved.
dissolved before expiry of
to reconsider such advice.
the term.
• President shall act in accordance with the advice tendered
5. Less stable More stable
after such reconsideration.
6. Dual Executive Real Executive.
• The total number of Ministers, including the Prime
Minister, in the Council of Ministers shall not exceed
fifteen percent of the total number of members of the COMPARATIVE STUDY BETWEEN INDIAN PARLIAMENTARY
House of the People. SYSTEM AND BRITISH PARLIAMENTARY SYSTEM

• President shall administer to a Minister the oaths of office INDIAN PARLIAMENTARY BRITISH
and of secrecy according to the forms set out for the SYSTEM PARLIAMENTARY SYSTEM

purpose in the Third Schedule. 1. Republic (Head of the Monarchy


State - Elected)
• The Council of Ministers shall be collectively responsible to
2. Supremacy of the Parliamentary Sovereignty
the House of the People.
Constitution
PRIME MINISTER
3. Any person can be Only MP can be appointed
The Prime Minister shall be appointed by the President and appointed as Ministers as Ministers.
the other Ministers shall be appointed by the President on (Max. 6 months)
the advice of the Prime Minister. 4. PM can be from any PM should be from only
House. Lower House.

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5. No-tradition of Shadow Tradition of Shadow 3. Eligible to be Eligible to be appointed as
cabinet cabinet. appointed as Judge of Judge of H.C.
SC
4. Holds office during Holds office during Pleasure of
COMPARATIVE STUDY BETWEEN UNION COUNCIL OF
the Pleasure of the the Governor.
MINISTERS AND STATE COUNCIL OF MINISTERS
President
UNION COUNCIL OF STATE COUNCIL OF
5. Remuneration Remuneration decided by the
MINISTERS MINISTERS
decided by President Govenor.
1. Article 74 – Aid & Advice Article 163 – Aid and
6. Duties & Functions Duties & Functions of
President advice to Governor.
of Attorney General Advocate General
2. Article 75 : Article 164 –
(a) Advice GOI on (a) Advice concerned state govt.
(a) PM to be appointed by CM to be appointed by legal matters. (b) Represent concerned state.
President the Governor.
(b) Represent GOI in (c) Legal matters referred by
(b) Other Ministers on the (a) CM to be appointed by Courts Governor.
advice of the PM the Governor.
(c) Perform other
(c) Total Ministers not (b) Other Ministers by legal duties
more than 15% of the Governor on the assigned time to
total members of advice of CM. time by President.
House of People. (c) Total Ministers not
st
7. Privileges Privileges
[91 CAA, 2003] more than 15% of total
th
(a) Right to audience (a) Audience within the territory
(d) If disqualified under XI members of state
all courts in of the state (Article 177)
Schedule not to be Legislative Assembly
territory of India. (b) Similar position in State
appointed as Minister [Minimum at least 12]
st (b) Attend Legislature
for the term (or) till he [91 CAA, 2003]
Parliamentary
gets re-elected. (d) If disqualified under
Proceedings;
(e) Hold office during defection as minister
speak and take
pleasure of the for the term (or) till he
part in the
President gets re-elected
proceedings of the
(f) Oath administered by (whichever is earlier)
committee; No
President (e) Pleasure of the
right to vote.
(g) Salaries and allowances Governor
(c) Right to Private
to be determined by (f) Oath Administered by
practice (Criminal
Parliament. Governor case prior
(h) Collectively responsible (g) Salaries; allowances permission from
to House of People are determined by the govt.)
(i) Important decisions are State legislature
taken by cabinet (h) Collectively
responsible to state
legislative assembly.
►PARLIAMENT
(i) Important decisions There shall be a Parliament for the Union which shall consist
are taken by Cabinet of the President and two Houses to be known respectively as
the Council of States (Rajya Sabha) and the House of the
People (Lok Sabha).
COMPARATIVE STUDY BETWEEN ATTORNEY GENERAL AND
ADVOCATE GENERAL
►LOK SABHA
ATTORNEY GENERAL ADVOCATE GENERAL
• Composition: representatives of the people chosen by
1. Article 76 – President Article 165 – governor appoints
direct election on the basis of the adult suffrage.
appoints
• The maximum strength of the House envisaged by the
2. Highest Law Officer of Highest Law officer of the State
Constitution is 552, which is made up by election of up-to
the Union Govt. Govt.
530 members to represent the States.

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• Up-to 20 members to represent the Union Territories • The Electoral College for the National Capital Territory of
and not more than two members of the Anglo-Indian Delhi consists of the elected members of the Legislative
Community to be nominated by the Hon'ble President, if Assembly of Delhi, and that for Puducherry consists of the
in his/her opinion, that community is not adequately elected members of the Puducherry Legislative Assembly.
represented in the House. • The Council of States shall not be subject to dissolution,
• The total elective membership is distributed among the but as nearly as possible one-third of the members
States in such a way that the ratio between the number of thereof shall retire as soon as may be on the expiration of
seats allotted to each State and the population of the State every second year.
is, so far as practicable, the same for all States. QUALIFICATION FOR L.S.
• Lok Sabha shall continue for a period of five years unless is a citizen of India; not less than 25 years of age
dissolved earlier. However, if proclamation of emergency
QUALIFICATION FOR R.S.
is in operation, the duration of Parliament may be
extended to not more than one year at a time and will is a citizen of India; not less than 30 years of age and makes
and subscribes before some person authorised in that behalf
not extend beyond six months after the proclamation has
ceased to operate. by the Election Commission an oath or affirmation according
to the form set out for the purpose in the Third Schedule
DISQUALIFICATIONS
►RAJYA SABHA
A person shall be disqualified for being chosen as, and for
• The origin can be traced to Montague-Chelmsford
being, a member of either House of Parliament if:
Report of 1918.
• if he holds any office of profit under the Government of
• The Government of India Act, 1919 provided for the
India or the Government of any State, other than an office
creation of a ‘Council of State’ as a second chamber of the
declared by Parliament by law
then legislature with a restricted franchise which actually
came into existence in 1921. • if he is of unsound mind and stands so declared by a
competent court
• Article 80 of the Constitution lays down the maximum
strength of Rajya Sabha as 250, out of which 12 members • if he is an undischarged insolvent
are nominated by the President and 238 are • if he is not a citizen of India, or has voluntarily acquired the
representatives of the States and of the two Union citizenship of a foreign State, or is under any
Territories of Delhi and Puducherry having state legislative acknowledgement of allegiance or adherence to a foreign
assembly. State
• The members nominated by the President are persons • If he is so disqualified by or under any law made by
having special knowledge or practical experience in Parliament.
respect of such matters as literature, science, art and • If he is disqualified under Tenth Schedule.
social service.
As per the Tenth Schedule, a member may be disqualified
• The Fourth Schedule to the Constitution provides for
• if he voluntarily gives up the membership of his political
allocation of seats to the States and Union Territories in
party; or
Rajya Sabha.
• if he votes or abstains from voting in the House contrary to
• The allocation of seats is made on the basis of the
any direction issued by the political party to which he
population of each State.
belongs, unless such voting or abstention has been
• The representatives of the States and of the Union condoned by the political party within fifteen days.
Territories in the Rajya Sabha are elected by the method of
• A member elected as an independent candidate shall be
indirect election.
disqualified if he joins any political party after his election.
• The representatives of each State and two Union
territories are elected by the elected members of the
►PRESIDING OFFICERS
Legislative Assembly of that State and by the members
of the Electoral College for that Union Territory, in • Chairman & Deputy Chairman of Council of States (Article
accordance with the system of proportional 89)
representation by means of the single transferable ο Vice President is ex-officer chairman of Rajya Sabha.
vote.
ο Deputy Chairman is elected from among the members
of the council.

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(a) May resign anytime by addressing resignation to • Powers & Privileges (Article 105 & 194)
chairman. ο Rights and immunities enjoyed by members of
(b) Removed by Effective majority; 14 days prior notice; parliament collectively and individual capacity.
(Article 90) ο To maintain Independence and dignity of the Insittution
• Vacancy of office of Chairman and Deputy Chairman and also to carryout their functions effectively.
(Article 90 & 95) i) Right to freedom of speech
ο Chairman Office vacant; Deputy Chairman acts as ii) Publication of the proceedings. Regulated by law of
Chairman. parliament; until; similar to that at the Government
ο Deputy Chairman also vacant; President may appoint of the Constitution.
any Member of Rajya Sabha ο Such Privileges to other dignities as well
ο During absence of Chairman and Deputy Chairman; Eg. Attorney & Advocate General
anyone according to rules of the House or anyone
Powers of the Presiding officers
determined by Rajya Sabha may preside.
Speaker
• Chairman and Deputy Chairman not provide while
a) Complete powers to regulate proceedings of the House
resolution for his removal is under consideration. (Article
(Article 122)
92 & Article 96 - Speaker)
b) Certifying money bills
• While resolution for removal is introduced; No right to
Preside; Right to present; speaks and take part in the c) Presiding the joint sitting (Article 108)
proceedings without right to vote. d) Disqualification of members on grounds of Defection
• Speaker and Deputy Speaker (Article 93) e) Voting powers in case of Equality of vote.
ο Two members to be chosen from house speaker and Chairman: Chairman of Rajya Sabha enjoys almost similar
Deputy Speaker (as soon as possible) powers to that of Speaker, Lok Sabha.
• Vacation; Resignation and removal of Speaker & Deputy Exceptions:
Speaker (Article 94) a) The chairman has no power to certify the Money Bills.
ο Shall vacate; if he ceases to be a member of the house. b) He has no power to preside over the joint sitting.
ο Resign at anytime (speaker to Deputy Speaker and Note: Salaries; Allowances of members of Parliament are to
Deputy Speaker to Speaker) be determined by Parliament by a Law.
ο Removed by a resolution (effective majority)

• Article 98 – Secretariat of Parliament [common post ►CONDUCT OF BUSINESS BY


creation, law of parliament; until then rules made by
PARLIAMENT
President in consultation with chairman and speaker]
DURATION BETWEEN SESSIONS
• To take oath before assuming office (Every member)
• The parliament ordinarily meets in three sessions in a
• All question in any sitting of either house or joint sitting;
year. These are the Budget Session, Monsoon session and
shall be decided by majority of votes of the members Winter session.
present and voting; excluding speaker and chairman (or
• The President shall from time to time summon each House
someone acting as speaker and chairman) Eg. Selection of
of Parliament but six months shall not intervene between
speaker; Deputy Speaker; Deputy Chairman etc.
its last sitting in one session and the date appointed for its
• Chairman / Speaker; not to vote in first Instance; vote in first sitting in the next session.
case of equality of votes. SPECIAL ADDRESS BY THE PRESIDENT
th
• Quorum (1/10 of the total members of the house); until • At the commencement of the first session after
parliament by law otherwise provides.
ο Each general election to the House of the People and
• Presiding officer; adjourn or suspend until there is a
ο At the commencement of the first session of each year,
quorum.
• the President shall address both Houses of Parliament (LS
• Penalty for sitting or voting (without oath, not qualified or + RS) assembled together and inform Parliament of the
disqualified) (Article 104) causes of its summons.

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ADJOURNMENT ►BILLS
• Adjournment of a house does not terminate the session of INTRODUCTION AND PASSING OF BILLS
the house.
A Bill is a draft statute which becomes law after it is passed by
• It merely postpones the proceedings of the house to a both the Houses of Parliament and assented by the
future date. But prorogation brings an end to a session of President. All legislative proposals are brought before
the house. Parliament in the forms of Bills.
CHAIRMAN, DEPUTY CHAIRMAN AND VICE-CHAIRMAN Bills are broadly divided into two categories
• The Presiding Officers of Rajya Sabha have the a) Public bills: These bills are presented (necessarily) by a
responsibility to conduct the proceedings of the House. minister. Public bill is a reflection of government policies. The
• The Vice-President of India is ex-officio Chairman of Rajya introduction of public/government bill requires seven days’
Sabha. notice
• Rajya Sabha also chooses from amongst its members, a b) Private bill: It is a type of bill which is introduced by any
Deputy Chairman. member of the parliament other than a minister. It is a
• There is also a Panel of Vice-Chairmen in Rajya Sabha, reflection of stand of a political party or sentiment of the
the members of which are nominated by the Chairman, opposition party. Introduction of private bill requires one
Rajya Sabha. month’s notice. The first private member bill to become a law
was the Muslim Wakfs Bill, 1952
• In the absence of the Chairman and Deputy Chairman, a
member from the Panel of Vice-Chairmen presides over Procedurally, Bills can be classified as:
the proceedings of the House. 1. Ordinary Bill
REMOVAL OF DEPUTY CHAIRMAN OF COUNCIL OF STATES 2. Money Bill
• He shall vacate his office if he ceases to be a member of 3. Finance Bill
the Council 4. Ordinance replacing Bill
• He may at any time, by writing under his hand addressed 5. Constitution Amendment Bill
to the Chairman, resign his office.
MONEY BILL
• He may be removed from his office by a resolution of the
Under Article 110 (1) of the Constitution, a Bill is deemed to
Council passed by a majority of all the then members of
be a Money Bill if it contains only provisions on all or any of
the Council (Simple Majority).
the following:
• Atleast 14 days’ notice must be given of the intention to
• imposition, abolition, remission, alteration or regulation of
move the resolution for his removal.
any tax
• Both the Chairman and Deputy Chairman shall not preside
• regulation of borrowing by the government;
over while any resolution for their removal is under
consideration. • custody of the Consolidated Fund or Contingency Fund
of India, and payments into or withdrawals from these
• The Chairman shall have -
Funds
ο a right to speak,
• appropriation of moneys out of the Consolidated Fund of
ο take part in the proceedings of their removal but, shall not
India;
be entitled to
• declaring of any expenditure to be expenditure charged on
ο vote at all on such resolution or
the Consolidated Fund of India or the increasing of the
ο on any other matter during such proceedings. amount of any such expenditure;
RIGHT TO PARTICIPATE IN PARLIAMENTARY PROCEEDINGS • receipt of money on account of the Consolidated Fund of
• Every Minister and the Attorney-General of India shall have India or the public account of India or the custody or issue
the right to speak in, and otherwise to take part in the of such money or the audit of the accounts of the Union or
proceedings of - of a State

ο either House, MONEY BILL IN RAJYA SABHA

ο any joint sitting of the Houses, and • Once a Money Bill is passed by Lok Sabha, it goes to Rajya
Sabha along with Speaker’s certificate that it is a Money Bill
ο any committee of Parliament of which he may be
for its recommendations.
named a member.

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• However, Rajya Sabha can neither reject nor amend such • As per the procedure laid down in the Constitution under
Bill but can only recommend changes in the Bill. Article 368, Constitution Amendment Bills can be of three
• Rajya Sabha must return the Bill within 14 days, after types:
which Lok Sabha may accept or reject all or any of its 1. Amendment requiring simple majority for their passage
recommendations. In either case, the Bill is deemed to in each House
have been passed by both Houses. 2. Amendment requiring special majority for their passage
• Under Article 109 (5), if Rajya Sabha fails to return the Bill in each House.
to Lok Sabha within 14 days, it is deemed to have been Special Majority = Majority of the total membership of a
passed anyway. House and by a majority of not less than two-thirds of the
FINANCE BILL members of that House present and voting (article 368)
• Any Bill which deals with revenue or expenditure of the 3. Amendment which needs to be passed by Legislatures of
Government is a Finance Bill. not less than half of the States along with special
• Finance Bill is accompanied by a Memorandum explaining majority for certain constitutional provisions relating to
the provisions included in it. the federal character which may be categorised as
entrenched provisions.
• However, only those Finance Bills which are endorsed by
the Speaker under Article 110 (4) become a Money Bill. ENTRENCHED PROVISION

• The rest can be categorised as It includes:

ο Financial Bill (I) and Financial Bill (II). • Election of President, Manner of election of President,
Extent of executive power of the Union, Extent of executive
FINANCE BILL (I)
power of the State, High Courts for Union Territories
• As under Article 117(1) = [ includes any matters mentioned
• Union Judiciary under The Union, The High Courts in the
in the Money Bill] + [any other matters related to revenue
States under The States or Legislative Relations under
or expenditure of the Government]
Relations between the Union and the States, or
• Can only be introduced in the Lok Sabha on the
• Any of the Lists in the Seventh Schedule, or
recommendation of the President.
• The representation of States in Parliament, or
• However, once it has been passed by the Lok Sabha, it is
like an ordinary Bill and there is no restriction on the • Any change in Article 368 itself.
powers of the Rajya Sabha on such Bills.
FINANCE BILL (II) ►VARIOUS PROCESSES WHICH A BILL
• Is just like other Ordinary Bills that contain provisions GOES THROUGH
involving expenditure from the Consolidated Fund as A bill has to pass through three stages. In each stage, there is
specified in Article 117 (3). a reading of the bill, is why these three stages are known as
• Can be introduced in either House of Parliament. the first reading, the second reading and the third reading.
ORDINARY BILL FIRST READING
Thus, every Bill other than a Money Bill and Financial Bill (I) • In the first stage, the bill is introduced in one of the Houses
introduced in the Parliament acts like an Ordinary Bill. of the Parliament.
ORDINANCE REPLACING BILL • The mover of the bill just reads the title of the bill.
• Ordinance replacing Bills are brought before Parliament to Normally there is no opposition at this stage. So usually
replace an Ordinance, with or without modifications, the bill is allowed to be introduced by a voice vote.
promulgated by the President under Article 123 of the • If, in the stage of first reading, the bill is opposed, the
Indian Constitution. mover and the opposer of the bill are required to make
• Ordinance to become a law needs to be passed by both brief statements on the floor of the House. After that, the
the Houses of Parliament and assented to by the President vote is taken.
within six weeks of the reassembly of Parliament. • Once the bill is cleared in the first stage, the presiding
CONSTITUTION AMENDMENT BILL officer of the House (the Speaker or the Chairman) sends
the bill for publication in the Gazette.
• A Constitution Amendment Bill under article 368 can be
introduced in either House of Parliament. • Sometimes important bills are already published in the
Gazette before they are introduced in a House.

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SECOND READING joint sitting of both Houses, decision is taken on the basis
This is considered the most important stage of law making in of majority vote.
the Parliament. At this stage there are several options. • When the bill is sent to the President for his assent, he can
• First, it may go straight to the House for consideration. do one of the following two things.

• Secondly, it may be referred to a Select Committee of the ο He may give assent to the bill;

House. ο he may return the bill to the originating House for

• Thirdly, it may also be sent to a Joint Committee of both reconsideration.


Houses. • If the bill is again passed by both Houses of the Parliament
• Fourthly, it may go for circulation for eliciting public with or without amendments, the President is bound to
opinion. give his assent to the bill. Thus, lawmaking in the
Parliament is a long and complicated process.
In most of cases, the bill is referred to a Select Committee.
But, if the bill is of great importance, it is circulated among
the public to elicit their opinions and reactions. ►OTHER PARLIAMENTARY PROCESS
Select Committee Stage: After initial discussion on the bill QUESTION HOUR
during the second reading, the bill is usually sent to a Select • The first hour of every sitting of Parliament is generally
Committee for more critical considerations. The Chairman of reserved for the asking and answering of questions.
the Committee is appointed by the presiding officer of the
• Parliamentary question is a technique of parliamentary
House (the Speaker or the Chairman). After a general
surveillance over functioning of the government.
discussion, the bill is discussed clause by clause. Experts and
• Members of Parliament are free to ask questions to elicit
witnesses are invited to express their opinions.
information on matters of public importance and concern
The Report Stage: The Select Committee is expected to
from ministers of the government.
submit a report to the House within three months. In the
• The members of the government are bound to answer
Select Committee, the decision is taken by majority and the
every question asked in the Question Hour.
report of the committee may include the recommendations
of the committee and the changes that it wants to be • Questions enable Ministries to gauge the popular reaction
incorporated in the bill. to their policy and administration.

Then the bill and the report of the Select Committee are ZERO HOUR
placed before the House for its consideration. At this stage, The time immediately following the Question Hour has come
amendments can be moved, but no member will be allowed to be known as "Zero Hour". It starts at around 12 noon
to move an amendment which seeks to defeat the main (hence the name) and members can, with prior notice to the
purpose of the bill. The bill is discussed and put to vote clause Speaker, raise issues of importance during this time.
by clause. With the completion of this process the second TYPES OF QUESTIONS
reading of the bill is over.
Questions are of four types - Starred, Unstarred, Short Notice
THIRD READING Questions and Questions addressed to private Members.
• At the stage of third reading amendments are not allowed, • Starred Question is one to which a member desires an
but the members are allowed to discuss the general oral answer in the House and which is distinguished by an
character of the bill. asterisk mark. Supplementary questions can be asked
• The bill, as a whole, is put to vote. If the bill is passed by a thereon.
majority, it is signed by the presiding officer (the Speaker • Un-starred Questions – which desires written answer to
or the Chairman) and it is then sent to the other House in whom it is addressed.
which the bill has to pass through three identical stages.
• A Short Notice Question relates to a matter of urgent
• If the bill is cleared in all three stages by the other House, it public importance and can be asked with shorter notice
is sent to the President for his assent. If the other House than the period of notice prescribed for an ordinary
does not agree to the bill, already passed by one House, it question. Like a starred question, it is answered orally
is free to make suggestions or propose amendments. followed by supplementary questions.
• But, if the amendments or changes suggested are not • Question addressed to Private Member is asked when
acceptable to the House which had passed the bill, the two the subject matter pertains to any Bill, Resolution or any
Houses meet jointly to take a decision on the bill. In the

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matter relating to the Business of the House for which that • Superseding Motions are moved in a course of debate or
Member is responsible. another question and seek to supersede that question. For
eg. Motion seeking recommittal of Bill to a Committee.

►MOTIONS AND RESOLUTIONS • Amendments seek to modify or substitute only a part of


the original motion. It is moved during the course of a
Parliamentary proceedings have gained importance specially
debate and if accepted the original questions stands
after the trend of washout of sessions by opposition to fulfill
amended.
some of their demands. Let us understand how Members of
Parliament raise their voice on the floor of the House and RESOLUTION
what are the different mechanisms which they can employ to A resolution is also one of the procedural means available to
address their issues in the course of Parliamentary the members of the House and Ministers to raise a
proceedings. discussion in the House on a matter of general public
MOTION interest. A resolution is in fact a substantive motion.

• A motion is a proposal brought before the House for RESOLUTION V. MOTION


eliciting decision or for expressing the opinion of the • All resolutions come into the category of Substantive
House. Motion but all substantive motions are not resolutions.
• Every question to be decided by the House must therefore • Further all motions are not necessarily put to vote but all
be proposed by a Member as a Motion. resolutions are required to be voted upon.
• Motions are the basis of Parliamentary proceedings. NO-CONFIDENCE MOTION (RULE 198 OF LOKSABHA)
KIND OF MOTIONS : 3 CATEGORIES • The Council of Ministers remains in office as long as it
enjoys the confidence of Lok Sabha according to Article
 SUBSTANTIVE MOTION
75(3) of the Indian Constitution.
• It is a self-contained independent proposal submitted for
• The moment, it expresses a lack of confidence in the
the approval of the House and drafted in such a way as to
Council of Ministers, the government is constitutionally
be able of expressing the decision of the House.
bound to resign whether or not the Prime Minister
• It neither depends nor arises out of any other motion.
recommends a dissolution of the House.
• Eg. Motion of thanks of President addressed by the Prime
• In order to ascertain this confidence, the rules provide for
Minister, Motion of Adjournment, Motion of No-
moving a motion to this effect which is called No-
confidence, Motion for removal of Speaker/Deputy
Confidence motion.
Speaker
• A motion of no-confidence once admitted has to be taken
 SUBSTITUTE MOTION up within ten days of the leave being granted.
• Motions moved in the substitutions of the original motions • Notice of no-confidence motion can also be withdrawn by
and proposing an alternative to it are called Substitute members concerned by sending letters of withdrawal
Motions. signed by all the signatories to the notice before the item
• Discussion is held on both original and substitute motions is taken up in the House.
together but vote of the House is taken only on Substitute • Rajya Sabha isnot empowered to entertain a motion of
motion. no-confidence because the government is collectively
• Further if a substitute motion is adopted through vote, responsible under the Constitution only to the directly
then it supersedes the original motion. elected Lok Sabha.

 SUBSIDIARY MOTION CENSURE MOTION

• It depends upon or relate to other motions. • Whereas a motion of no-confidence need not specify any
grounds on which it is based, a Censure Motion must set
• They by themselves have no meaning and are not capable
out the grounds or charges on which it is based and is
of stating the decision of the House without reference to
moved for specific purpose for censuring the government
original motion or proceedings of the House.
for certain policies and actions.
• Subsidiary Motion are of three types namely 1. Ancillary
• Censure motion can be moved against the Council of
Motion 2. Superseding Motion and 3. Amendments
Ministers or an individual minister for their failure of
• Ancillary motions are recognised by the practice of the commission or omission.
House as a regular way of proceedings with various kinds
of business.

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• No leave of the House is required to move a Censure House Committee, Library Committee and Joint Committee
motion. on salaries and Allowances of Members of Parliament.
ADJOURNMENT MOTION AD HOC COMMITTEES
• A matter of urgent public importance can be brought May be broadly classified into two categories:
before the house through an Adjournment motion by 1. The Select or Joint Committees on Bills which are
interrupting the regular business, if the Speaker agrees to appointed to consider and report on particular Bills. These
do so. Committees are distinguished from the other ad hoc
• The Speaker after the Question Hour calls upon the Committees in as much as they are concerned with Bills
concerned member to ask for leave of the House to move and the procedure to be followed by them is laid down in
the adjournment motion. the Rules of Procedure and Directions by the
Speaker/Chairman.

►PARLIAMENTARY COMMITTEES 2. Committees which are constituted from time to time either
by the two Houses on a motion adopted in that behalf, or
TWO TYPES OF PARLIAMENTARY COMMITTEES IN INDIA
by the Speaker/Chairman to inquire into a report on a
1. Standing Committees: Standing Committees are those
specific subject. Eg. Railway Convention Committee is
which are elected by the House or nominated by the
appointed from time to time, Joint Committee on Offices of
Speaker/Chairman every year or from time to time and are
Profit and any other Committee appointed by the House or
permanent in nature.
by the Speaker/Chairman for some specific purpose are
2. Ad Hoc Committees: Ad Hoc Committees are those other examples of such committees.
constituted by the House or by the Speaker/Chairman to
consider and report on specific matters and expires as
►IMPORTANT COMMITTEES
soon as they have completed their work on allocated
matters. ESTIMATES COMMITTEE

 STANDING COMMITTEES • Consists of 30 members of Lok Sabha


In each House may be categorised in terms of the nature of • Makes detailed examination of annual budget estimates
their functions as follows:
• Acts as a deterrent on extravagance of the government on
FINANCIAL COMMITTEES public expenditure
Eg Committee on Estimates of the Lok Sabha, Committee on
PUBLIC ACCOUNTS COMMITTEE
Public Accounts and Committee on Public Undertakings
• Oldest financial committee
STANDING JOINT COMMITTEES
Departmentally related Standing Joint Committees of the two • Consists of 22 members [15 members of Lok Sabha + 7
Houses members of Rajya Sabha]

HOUSE COMMITTEE • As a matter of practice, a member of the opposition is


Committees relating to day to day business of the House. Eg. being appointed as the Chairman of the Committee.
Committees on Absence of Members from Sitings of the COMMITTEE ON PUBLIC UNDERTAKINGS
House, Business Advisory Committee, Committee on Private
• Consists of 22 members [15 members of Lok Sabha + 7
Members’ Bills and Resolution and Rules Committee.
members of Rajya Sabha]
ENQUIRY COMMITTEE
Eg. Committee on Petitions and Committees on Privileges • Examine reports and accounts of all the public
undertakings of the government
SCRUTINY COMMITTEES
Eg. Committee on Government Assurances, Committee on DEPARTMENTAL COMMITTEES
Subordinate Legislation, Committee on Papers Laid on Table • There are 24 Departmental Committees
and Committee on the Welfare of Scheduled Castes and
• Consider demands for grants of respective ministries
Scheduled Tribes
• Examine Bills referred by the Chairman or Speaker
SERVICES COMMITTEES
Committees concerned with the provision of various services • Consider annual report of ministries
and facilities to members. Eg. General Purposes Committees, • Consider any policy documents referred by the Chairman
or Speaker

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COMMITTEE ON PRIVILEGES DEMAND FOR GRANT
• Consists of 25 members [15 members of Lok Sabha + 10  Article 113
members of Rajya Sabha] • Estimates of expenditure from the CFI shall be submitted
• Looks into matters pertaining to privileges of members of in the form of Demand for Grants which shall be voted
the House under Article 105 of the Indian Constitution. upon by Lok Sabha.
BUSINESS ADVISORY COMMITTEE – • Demand for Grants shall be made on the recommendation
Help the presiding officer in the Planning of the Business of of the President.
the House. • The Demands for Grants are presented to the Lok Sabha
• Committee on Govt. Assurances along with the Annual Financial Statement.

• Makes Govt. accountable on any assurances given in the • Generally, one Demand for Grant is presented in respect
houses of the parliaments. of each Ministry or Department.

COMMITTEE ON SUBORDINATE LEGISLATION • With regard to Union Territories without Legislature, a


separate Demand is presented for each of such Union
• Ensures executives accountable on various subordinate
Territories.
legislations.
APPROPRIATION BILL
RULES COMMITTEE
 Article 114
• Frames the rules of the House; Procedure and conduct of
the House. • All Demands for Grants voted upon and Charged
Expenditure is introduced in the Lok Sabha as
ETHICS COMMITTEE
Appropriation Bill.
• Oversee Moral and Ethical conduct of Members
• The Bill gives legal authority to the government to
• Prepares Code of conduct for the members appropriate expenditure from CFI.
• Look into cases concerning alleged breech of code of • No money can be withdrawn from the CFI except under an
conduct.
Appropriation Act passed by the Parliament.
GENERAL PURPOSE COMMITTEE CONSOLIDATED FUNDS AND PUBLIC ACCOUNTS OF INDIA
• to look into and advice on those matters referred to it by AND OF THE STATES (ARTICLE 266)
the Presiding officer from time to time. • Article 266(i) provides for consolidated fund of the union
and states
 FINANCIAL MATTERS • Article 266 (2) Public accounts of India and State.
• No money from consolidated fund of India or State shall
►ANNUAL FINANCIAL STATEMENT -
be appropriated except in accordance with law.
ARTICLE 112
CONTINGENCY FUND OF THE INDIA (ARTICLE 267)
• The President shall in respect of every financial year cause
• Parliament may by law establish contingency fund of India;
to be laid before both the Houses of Parliament a
such sum as determined by law.
statement of the estimated receipts and expenditure of
the Government of India for that year, referred to as the • Fund are taken out to meet unforeseen expenditure.
“Annual Financial Statement”. • Expenditure at the Disposal of President.
• The estimates of expenditure embodied in the annual • Money can be taken out pending Authorisation of the
financial statement shall show separately– Legislature.
ο Sums required to meet expenditure charged upon Note: It is also provides for contingency fund of the state
Consolidated Fund of India (CFI) [Article 267(2)]
ο Sums required to meet other expenditure proposed to
be made from the Consolidated Fund of India.
►STATE LEGISLATURE
ο And shall distinguish expenditure on revenue account
from other expenditure Constitution of Legislature of the States:

EXPENDITURE CHARGED UPON CFI (i) Governor

Estimates as relates to expenditure charged upon CFI shall (ii) Legislative Assembly
not be submitted to the vote of Parliament. (iii) Legislative Council (only in certain states)

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ABOLITION OR CREATION OF LEGISLATIVE COUNCIL 1. Emergency arising from threat to security of the nation or
(ARTICLE 169) a part thereof – Article 352
• Parliament may by a law determine provided State 2. Breakdown of Constitutional machinery in a State – Article
Legislative Assembly of the State passes a resolution to 356
that effect; special majority 3. Financial Emergency – Article 360
• Not to be considered on Constitutional Amendment Act
under Article 368
►ARTICLE-352
COMPOSITION OF LEGISLATIVE COUNCIL (ARTICLE 171)
GROUNDS
rd
• Not more than 1/3 of members of Legislative Assembly
• President on his/her satisfaction proclaim emergency on
and not less than 40.
the whole of India or part thereof can declare proclaim
• Composition (unless Parliament otherwise provides) emergency on grounds of-
• Electoral College ο War
rd
i. 1/3 Electorates comprising members of Municipalities, ο External Aggression
District boards and other local authorities (Parliament
ο Armed Rebellion
may by law specify)
rd
• A proclamation can be made before the actual occurrence
ii. 1/3 by elected members of Legislative Assembly.
of war, external aggression or armed rebellion.
th
iii. 1/12by Electorates consisting of graduates (3 years in th
• Constitution 38 Amendment allows President to issue
possession of degree)
more than one proclamation at the same time.
nd
iv. 1/2 of Electorates consisting of teachers not less than
BEFORE 44TH AMENDMENT
secondary level. th
th
Before 44 Amendment, Emergency could be declared on
v. 1/6 to be nominated by the Governor.
grounds of
vi. (Art; Literature; Science; Social Service & Co-operatives)
• War
COMPOSITION OF LEGISLATIVE ASSEMBLY (ARTICLE 170)
• External aggression
i) Not > 500; < 60 members; Direct Election from territorial
• Internal Disturbance
constituencies. th
But Constitution 44 Amendment substituted Internal
ii) 1971 Census – Number of seats in Legislative Assembly.
Disturbance with Armed Rebellion.
2001 Census – Adjustment of territorial constituencies.
ROLE OF CABINET
POWERS OF LEGISLATIVE COUNCIL WITH REGARD TO
President can issue Proclamation of Emergency or its
ORDINARY BILLS (ARTICLE 197)
Revocation only if-
• When Bill is passed from Legislative Assembly to Council.
• Union Cabinet including Prime Minister has communicated
i. Accept the Bill to the President of such intention in writing.
ii. Reject the Bill • Thus, the decision has to be taken collectively by the
iii. Don’t take any action for 3 months Union Cabinet.
iv. Make amendments and send it back to assembly which APPROVAL
is not acceptable to Assembly • The proclamation need to be approved by both Houses of
• In case (ii), (iii) & (iv) the Assembly can again sent the bill to Parliament within one month.
the Council; in this case the council can at the maximum • Thus, the proclamation if not approved by both Houses of
delay the Bill by one month. Parliament within one month shall cease to operate.
• After one month it will be deemed to be passed in the th
• Prior to 44 Amendment, the time require for approval by
same manner as passed by Assembly. both Houses of Parliament was 2 months. Constitution
th
Note: Even if they are rejected and council suggest 44 Amendment reduced it to 1 month.
Amendments Second time. • The proclamation approving emergency has to be passed
by each House by a total membership of each House
rd
and not less than 2/3 of the majority of membership
►EMERGENCY PROVISIONS present and voting in each House.
The Constitution envisages three types of Emergencies:

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th
• Prior to 44 Amendment, proclamation was passed by • President may even suspend in whole or in part the
simple majority in both Houses of Parliament. provision of the Constitution relating to anybody or
TENURE authority in the State.

• Once approved by Parliament, the proclamation remains • President cannot assume to himself powers of High Court
in force for 6 months, unless it is revoked earlier. APPROVAL
• For continuation of emergency beyond 6 months, the • Every such proclamation shall be laid before each House of
proclamation needs to be approved again by both Houses Parliament.
of the Parliament. • Such proclamation needs to be approved within 2 months
REVOCATION by each House of Parliament by simple majority.
• It has to be revoked by President once Lok Sabha passes TENURE
its revocation by simple majority of the members of the • The proclamation once approved shall be in force for a
House present and voting. period of 6 months.
th
• If 1/10 of the total members of Lok Sabha has given in • The life of proclamation can be extended for further 6
writing their intention to revoke proclamation of months if both Houses approves its continuance by
emergency passing it.
ο to the Speaker in writing if the House is in session; • Maximum time for which such a proclamation remains in
ο to the President if the House is not in session force is for 3 years.
ο a special sitting of the House shall be convened within CONSTITUTION 44TH AMENDMENT
14 days. As per 44
th
Amendment, the following conditions must be
EFFECT fulfilled for the proclamation to be carried beyond 1 year-
• Parliament becomes empowered to make laws with • Proclamation for emergency under Article 352 must be in
respect to any matter enumerated in State List under operation in the whole of India, or the concerned State or
Schedule VII. in part of the State.
• Article 19 remains suspended. • Election Commission certifies that continuation in force of
• Right to move Court under Part III of the Indian proclamation under Article 356 is necessary on account of
Constitution shall remain suspended except Article 20 and holding elections to the concerned Legislative Assembly.
21. EFFECT
• Parliament can extend the life of Lok Sabha beyond its State Legislature ceases to function as it is either dissolved or
normal period of 5 years by 1 year each time subject to a is kept in suspended animation.
maximum period of 6 months after the proclamation has
cease to operate.
►FINANCIAL EMERGENCY – ARTICLE
360
►ARTICLE 356 - FAILURE OF
GROUNDS
CONSTITUTIONAL MACHINERY IN
• If the President is satisfied that financial stability or credit
STATE of India or any part thereof is threatened, he may by
GROUNDS proclamation under Article 360 make a declaration.
If the President on receipt of report from Governor of a state • A proclamation under Article 360 can be revoked by a
or otherwise is satisfied that a situation has arisen in which subsequent proclamation.
the Government of the State cannot be carried on in APPROVAL
accordance with Constitutional Provisions, the President
Such proclamation
may assume to himself
• shall be laid before each House of Parliament.
• all or any of the functions of the Government of the State
• shall cease to operate at the expiration of 2 months,
• all or any of the powers vested in or exercisable by the
unless before the expiration of that period it has been
Governor
approved by resolutions of both Houses of Parliament by
• declare that the powers of State Legislature are to be simple majority.
exercised by Parliament
EFFECT

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• Reduction of salaries and allowances of government of the Supreme Court, and High Courts as he/she deems
employees necessary.
• All Money Bills, Finance Bills or other Bills involving • The consultation with the Chief Justice is obligatory in
expenditure from State Consolidated Fund shall be the case of appointment of judge other than Chief
reserved for consent of the President after being passed Justice.
by State Legislature QUALIFICATIONS FOR SC JUDGES
MARTIAL LAW VS NATIONAL EMERGENCY • A person shall not be qualified for appointment as a Judge
MARTIAL LAW NATIONAL EMERGENCY of the Supreme Court unless he/she
ο is a citizen of India, and
It affects not only Fundamental
Rights but also Center-State ο has been for at least five years a judge of a High Court

It affects only relations, distribution of revenues or a two such Courts in succession; or has been for at
Fundamental Rights and Legislative powers between least ten years an advocate of a High Court or of two
Center and States and may extend or more such Courts in succession;
the tenure of the Parliament. ο is, in the opinion of the President, a distinguished
jurist.
It suspends the
Position of the government and • A Judge of the Supreme Court continues to hold the office
government and
ordinary law courts in unaffected. till he/she attains the age of 65 years.
ordinary law courts.
• A Judge of the Supreme Court may tender his/her
It is imposed to restore
It can be imposed only on three resignation to the President even before he/she reaches
the breakdown of law
grounds-war, external aggression age of 65 years.
and order due to any
or armed rebellion. • A Judge of Supreme Court, after retirement, shall not do
reason.
legal practice in any court in the territory of India and
It is imposed in some shall not plead before any authority under the
It is imposed either in the whole
specific area of the Government.
country or in any part of it.
country
REMOVAL OF A SC JUDGE
It has no specific Procedure of Removal of Judge of Supreme Court (Article
It has specific and detailed
provision in the 124(4)) (Under Judges Enquiry Act, 1968)
provision in the Constitution. It is
Constitution. It is
implicit.
explicit. 
Judge of Supreme Court can only be removed on the grounds
of proved misbehavior or incapacity.
►JUDICIARY 
A motion seeks to remove judge can be presented in either
►SUPREME COURT
house of Parliament.
• The Constitutional provisions related to the Supreme
Court are contained in Part V from Articles 124 to 147. 
Initially, there was a Chief Justice and seven other Judges in Such removal motion shall be signed by 100 members if it is
the Supreme Court and now the number has increased to introduced in Loksabha or 50 members in case of
34 judges including the Chief Justice of India in 2019. The Rajyasabha.
Parliament has given the power to increase the number of

Supreme Court judges, according to the needs and
The Speaker or Chairman, as the case may be, may admit or
circumstances.
refuse to admit the motion.
APPOINTMENT OF SC JUDGES
• The Chief Justice is appointed by the President after

consultation with such Judges of the Supreme Court and If admitted the speaker / chairman will appoint a committee
High Court as he/she deems necessary. comprising of (a) Chief justice or a judge of Supreme Court,
(b) Chief Justice of a high court and (c) a distinguished jurist,
• The other judges are appointed by the President after
to investigate the charges on the judge.
consultation with the Chief Justice and such other judges

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The Committee should submit its report to the house which importance; High Court opinion is to Supreme Court to
appointed such committee. The report is also shared with divide; certificate issued by High Court (Art. 34A)
other house. However recommendation of such committee is • Appeal in cases of Criminal matters; Sentence is Death
not binding on the Parliament. (Matter of Right); or certified by High Court under article
 134A.
POWER TO ISSUE WRITS
The motion, if taken for consideration by the house, has to be
passed by special majority • The supreme court can issue writs for the protection of
Fundamental Rights under Article 32 of the constitution.

• The Supreme Court can issue writs for the protection of
If the bill is passed it is sent to second house for their
Legal Rights apart from Fundamental Rights under article
consideration.
139 if Parliament by Law empowers the Supreme Court.
 EXTRAORDINARY POWERS OF THE SUPREME COURT
(Such motion must be passed by both houses separately with (ARTICLE 142)
special majority. There is no provision of joint sitting.) • Article 142 provides discretionary power to the Supreme
 Court as it states that the court in the exercise of its
jurisdiction may pass such decree or make such order as is
If, the other house also passes the motion with special
necessary for doing complete justice in any cause or
majority, then it is addressed to the President
matter pending before it.
 • Of late, Art 142 has been invoked by the SC during the
Finally, President passes the order to remove removing Ayodhya judgment.
judge.

POWERS AND JURISDICTION OF SUPREME COURT POWERS TO REVIEW ITS OWN ORDERS AND DECISIONS
(i) Original Jurisdiction (ARTICLE 137)

(ii) Appellate Jurisdiction • Supreme Court has the power to review its own orders
and judgements.
(iii) Writ Jurisdiction
• Subject to
(iv) Extraordinary powers
(i) Rules made by Supreme Court (Article 145)
(v) Power to review its own orders
(ii) Law made by Parliament
(vi) Law declared by Supreme Court binding on all courts.
LAW DECLARED BY THE SUPREME COURT TO BE BINDING
(vii) Rule making Power (Article 145)
ON ALL COURTS (ARTICLE 141)
(viii) Appeal by Special Leave
Supreme Court decision binding upon all courts within the
(ix) Advisory Jurisdiction of Supreme Court
territory of India.
(x) Contempt Powers
RULE MAKING POWER OF THE SUPREME COURT
ORIGINAL JURISDICTION OF THE SUPREME COURT
Subject to Law of Parliament; Supreme Court to make rules;
(ARTICLE 131)
with approval of President; regulating general practice and
• Government of India v/s State or States Procedure in the House.
• Government of India and State v/s State / States APPEAL BY SPECIAL LEAVE
• State v/s State (two or more states) The Supreme Court under Article 136 enjoys the power of
APPELLATE JURISDICTION OF THE SUPREME COURT granting special leave to appeal from any Judgement,
(ARTICLE 132; ARTICLE 133; ARTICLE 134 & ARTICLE 134A) decree, order or sentence in any case or matter passed by
• Appeal on Civil, Criminal or other proceedings to Supreme any Court or tribunal except court martial.
Court; Provided High Court grants a certificate; (Article • Under the Arbitration and Conciliation Act, 1996,
134A); it involves substantial question of law relating to International Commercial Arbitration can also be initiated
interpretation of constitution. in the Supreme Court.
• Appellate Jurisdiction of Supreme Court in Civil Matters • Parliament is authorised to confer on the Supreme Court
[Article 133]; Case involves Substantial question of general any further powers to entertain and hear appeals from any

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judgement, final order or sentence in a criminal A COURT OF RECORD
proceeding of a High Court. • Article 129 states that the Supreme Court of India shall be
ADVISORY JURISDICTION a Court of Record. As a Court of Records, the Supreme
• Under Article 143, The President can refer to the Court Court has two powers These are:-
either a question of law or a question of fact, provided that it • The Judgements, proceedings and acts of the Supreme
is of public importance. However, it is not compulsory for Court are recorded for perpetual memory and testimony.
the Court to give its advice. These are recognised as legal precedents and legal
• The President is empowered to refer to the Supreme Court references.
for its opinion, disputes arising out of any treaty, • The Supreme Court has power to punish for contempt of
agreement etc., which had been entered into or executed court, either with simple imprisonment for a term up to 6
before the commencement of the Constitution. months or with fine up to 2,000 or with both.
CONTEMPT POWERS
• Article 129 of the Constitution empowers the SC and HC ►HIGH COURTS
respectively to punish people for their respective There shall be High Court for each state according to Article
contempt. 124 of the Constitution.
• Article 19(2) permits government to impose reasonable
JURISDICTION OF HIGH COURTS
restriction on the freedom of speech and expression on
grounds of contempt of court. Doesn’t provide for any general jurisdiction of the Courts
(Article 225); says as it existed at the commencement of the
• Contempt refers to the offence of showing disrespect to
Constitution; subject to Law made by Parliament & State
the dignity or authority of a court.
legislature.
• In India, the Contempt of Courts Act, 1971, divides
ORIGINAL JURISDICTION
contempt into:
• No original jurisdiction in case of Criminal matters; original
1. Civil contempt: - wilful disobedience to any judgment,
jurisdiction in certain civil cases of Higher value.
decree, direction, order, writ or other processes of a Court
or wilful breach of an undertaking given to the court’ • Appellate Jurisdiction

2. Criminal contempt: - publication (whether by words, • Both Civil and Criminal Matters
spoken or written, or by signs, or by visible representation, • Letter Patent Appeal in case of High Court of Allahabad;
or otherwise) of any matter or the doing of any other act Bombay; Calcutta; Madras and Patna High Courts.
whatsoever which: HIGH COURT’S POWER OF SUPERINTENDENCE (ARTICLE
ο Scandalises the court (Statements or publications which 227)
have effect of undermining public confidence in • Every High Court has superintendence over all courts and
Judiciary). tribunals throughout the territories in relation to which it
ο Prejudices any judicial proceeding exercises jurisdiction.
ο Interferes with administration of justice in any other • Issue general rules; regulating practicing and proceeding in
manner. the courts; prescribe forms in which entries and accounts
• An amendment was done to the Contempt of Court act in to be kept.
2006 clarifies that the Court may impose punishment for NOTE:
contempt only (i) Such rules require previous approval of Governor and
ο when it is satisfied that the act substantially interferes Not in violation of any law.
with the due course of justice. (ii) Armed forces Tribunal doesn’t fall with the Jurisdiction
ο court may permit, in any proceeding for contempt of of High Court.
court, justification by truth as a valid defence if it is WRIT JURISDICTION (ARTICLE 226)
satisfied that it is in public interest and the request for
• Writ Jurisdiction throughout the territory in relation to
invoking the said defence is bona fide.
which it exercises jurisdiction.
The limitation period of actions of contempt is one year
• Not only for violation Fundamental Rights but for other
from the date on which the contempt is alleged to have been
purpose as well (legal rights).
committed.

NOTE: HC has similar powers under Artcle 215

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►TRIBUNALS ►GOVERNOR
►CENTRAL ADMINISTRATIVE FUNCTIONS OF GOVERNOR
The State Executive consists of the Governor, who is the head
TRIBUNALS (CAT)
of the head of the State, and the Council of Ministers with the
• Part XIV-A of the constitution provides for the tribunals. Chief Minister at its head. He acts as:
The provision was added through 42nd Amendment Act,
• Constitutional Head of a State under Article 153 and 154,
1976. Article 323A and 323B provide for Administrative
and as
Tribunals and Tribunals related to other matters
respectively. • An agent of the Centre as he holds office during the
• The Administrative Tribunals Act in 1985 enacted by the pleasure of the President under Article 156.
Parliament authorises the central government to establish CONTROVERSY
central administrative tribunal and the state administrative • Controversy arises when both functions of the Governor
tribunals. overlap and the question arises as to which function
• The principal bench of the Central Administrative Tribunals supersedes which in this era of multi-party system. This
is located at Delhi. In addition to this, there are additional dual function of the Governor in recent times has created
benches in different states. At present there are 17 regular enough controversies where different parties enjoy power
benches and 4 circuit benches. at the Centre and in the States.
• Jurisdiction of CAT extends over all service matters WHY THIS DUAL FUNCTION?
concerning the following:
• Constituent Assembly adopted the system of centrally
a) a member of any All-India Service
nominated, rather than elected Governor as that would
b) a person appointed to any civil service of the Union or keep the Centre in touch with the State and would remove
any civil post under the union a source of possible “separatist tendencies” of States.
c) a civilian appointed to any defence services or a post • Hence exercise of discretionary power by Governor as
connected with defence Centre’s representative is constitutionally justifiable.
• However, the members of the defence forces, officers,
DISCRETIONARY POWERS OF THE GOVERNOR
staff of the Supreme Court and the secretarial staff of
the Parliament are not covered under the jurisdiction • The Constitution has not explicitly defined or described
of CAT. Governor’s discretionary powers and provides no
guidelines for deciding as to which matters may fall under
• Structure of CAT
this category and in effect the final judge of the matter is
ο a chairman,
the Governor himself under Article 163(2).
ο vice- chairman and
• However, going by the various provisions of the
ο other members who are appointed by the President. Constitution, one can decipher several categories of
• The membership of CAT is filled by members from judicial actions which the Governor “may” take in his discretion:
and administrative fields. The term of the service is 5
1. Under Article 200, Governor can reserve any Bill for the
years or until the age of 65 years for chairman and
consideration of the President which in the opinion of
vice- chairmen and 62 years for members, whichever is
Governor derogates from the powers of High Court as
earlier.
to endanger the position which that Court is by this
• The chairman, vice-chairman or any other member may Constitution designed to fill.
address his resignation to the president in between his
2. To reserve any other Bill as he deems fit.
term of office.
3. To appoint the Chief Minister of State under Article
WORKING OF CAT
164(1).
• CAT is not bound by the procedure laid down in the Code
of Civil Procedure, 1908, but is guided by the principles of 4. To dismiss the ministry as the Chief Minister and other
natural justice. Ministers shall hold office during the pleasure of the
Governor under Article 164(1)
• A tribunal has the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908. 5. Governor’s report under Article356 in case of failure of
A person making an application to a tribunal may either Constitutional machinery in States.
appear in person or take the assistance of a legal practitioner. 6. Governor’s responsibility for certain regions such as the
Tribal Areas in Assam and responsibilities placed on the

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Governor under Article 371A (Nagaland), 371C that Union Territory of Delhi shall be called the National
(Manipur), 371H (Arunachal Pradesh). Capital Territory of Delhi and the Administrator thereof
The Governor performs functions 1, 2 ,5 and 6 as the agent appointed under Article 239 shall be designated as the
of the Centre and functions 3 and 4 as the Head of the Lieutenant Governor.
State. In all other matters, the Governor like the President • There shall be a Legislative Assembly for the National
acts on the advice of his Council of Ministers (COMs) under Capital Territory (NCT) of Delhi and the seats in such
Article 166(1). Assembly shall be filled by members chosen by Direct
Election from territorial constituencies in the NCT.

►CASE OF DELHI • The Legislative Assembly of Delhi shall have power to


make laws for the whole or any part of NCT with respect to
The Supreme Court in November 2017 said that Delhi’s any matters enumerated in State List or in the
Lieutenant Governor has more power than the governor of a Concurrent List. However, Legislative Assembly of Delhi
state as he does not have to act on the aid and advice of cannot make laws on the following entries under the
the council of ministers all the time. State List, such as: –
The Supreme Court observed that there was no need for ο Entry 1: Public Order;
“fundamental concurrence” of LG in every aspect and in ο Entry 2: Police (including railway and village police);
case of differences with the ministers, the LG should refer
ο Entry 18: Land, that is to say any right in or over land, land
the matter to the President and must spell out the reasons.
tenures including the relation of landlord and tenant, and
STATUS OF DELHI the collection of rents, transfer and alienation of
Delhi is neither a State, nor a Union Territory. It used to be a agricultural land, land improvement and agricultural loans
th
full-fledged Union Territory till 1991, when the 69 and colonization.
Constitution Amendment gave it a special status. Thus, the government of Delhi does not enjoy all the
The amendment declared the Union Territory of Delhi to be powers with respect to law making which are enjoyed by
formally known as National Capital Territory of Delhi. other states. Moreover, NCT is primarily a Union Territory
CONSTITUTIONAL PROVISIONS which has a legislative assembly

 ART 239 • There shall be a Council of Ministers consisting of not


more than ten percent, of the total number of members
• Article 239 provides for Administration of Union
in the Legislative Assembly.
Territories.
• The Chief Minister at the head to aid and advise the
• As per Article 239 (1).... Union territory shall be
Lieutenant Governor in the exercise to his functions in
administered by the President through an Administrator to
relation to matters with respect to which the Legislative
be appointed by the President.
Assembly has power to make laws, except in so far as he
• Article 239 (2) says that...President may appoint the is, by or under any law, required to act in his discretion.
Governor of a State as the administrator of an adjoining
• If there is any difference of opinion between the
Union Territory, and where a Governor is so appointed, he
Lieutenant Governor and his Ministers on any matter, the
shall exercise his functions as such administrator
Lieutenant Governor shall refer it to the President for
independently of his Council of Ministers.
decision and act according to the decision given
 ART 239 A thereon by the President.
• Article 239A provides for Creation of local Legislatures • However, if the matter sent to the President is pending
or Council of Ministers or both for certain Union before the President, then the Lieutenant Governor can
Territories. This article was added by Constitution take immediate action or give such direction if he thinks
(Fourteenth Amendment) Act, 1962. the matter is of urgency or importance
• Clause 2 of Article 239A mentions that any law which DELHI LG VS PUDUCHERRY LG
provides for creation of local legislatures or Council of
• The LG of Delhi has “Executive Functions” that allow him
Ministers or both for certain Union Territories shall not be
to exercise his powers in matters connected to public
deemed to be an amendment of this Constitution for the
order, police and land “in consultation with the Chief
purpose of Article 368 even though certain provisions of
Minister, if it is so provided under any order issued by the
the Constitution are amended.
President under Article 239 of the Constitution”. Simply
• Article 239AA of the Indian Constitution was added by
Constitution (Sixty-ninth Amendment) Act, 1991. It says

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put, the LG of Delhi enjoys greater powers than the LG ►INTERSTATE RIVER WATER
of Puducherry.
DISPUTES ACT (IRWD ACT)
• Articles 239 and 239AA of the Constitution, as well as the
• The Interstate River Water Disputes Act, 1956 (IRWD Act) is
Government of National Capital Territory of Delhi Act,
an Act of the Parliament of India enacted under Article 262
1991, clearly underline that Delhi is a UT, where the
of Constitution of India on the eve of reorganization of
Centre, whose eyes and ears are the LG, has a much more
states on linguistic basis to resolve the water disputes that
prominent role than in Puducherry.
would arise in the use, control and distribution of an
interstate river or river valley.
► CENTRE STATE • Article 262 of the Indian Constitution provides a role for
the Central government in adjudicating conflicts
RELATIONS surrounding inter-state rivers that arise among the
INTER-STATE COUNCIL (ISC) state/regional governments. Whenever the riparian states
are not able to reach amicable agreements on their own in
• Article 263 of the Constitution envisages establishment of
sharing of an interstate river waters, section 4 of IRWD Act
an institutional mechanism to facilitate coordination of
provides dispute resolution process in the form of
policies and their implementation between the Union and
Tribunal.
the State Governments.
• When the tribunal final verdict is issued, based on the
• Inter State council is a constitutional body set up on the
deliberations on the draft verdict accepted by the central
basis of provisions in Article 263 of the Constitution of
government and notified in the official gazette, the verdict
India by a Presidential Order dated 28th May, 1990 on
becomes law and binding on the states for
recommendation of Sarkaria Commission.
implementation.
FUNCTIONS AND DUTIES OF ISC
BAR OF JURISDICTION FOR THE SUPREME COURT
Inter-State Council is a recommendatory body and it
• Neither the Supreme Court nor any other Court shall have
investigates and discusses such subjects, in which some or all
or exercise jurisdiction in respect of any water dispute
of the States or the Union and one or more of the States have
which may be referred to a Tribunal under The Inter-State
a common interest, for better coordination of policy and
River Water Disputes Act, 1956.
action with respect to that subject. It also deliberates upon
such other matters of general interests to the States as may • It means that once a matter is referred to the Tribunal, no
be referred by the Chairman to the Council. Its duties include: state can proceed to either the Supreme Court or any
other Court during the course of proceeding at the
• Inquiring into and advising upon disputes which may have
Tribunal.
arisen between/among States
• Investigating and discussing subjects in which some or all
of the States, or the Union and one or more of the States ►PANCHAYATS &
have a common interest
• Making recommendations upon any such subject for the
MUNCIPALITIES
better coordination of policy and action with respect to PART IX of the Indian Constitution deals with the Panchayats
that subject. whereas PART XIA deals with the Municipalities.
COMPOSITION OF ISC GRAM SABHA
Prime Minister is the Chairman of the ISC. Chief Ministers of Gram Sabha means a body consisting of persons registered
all the States and Union Territories having Legislative in the electoral rolls relating to a village comprised within the
Assemblies, Administrators of Union Territories not having area of Panchayat at the village level.
Legislative Assemblies, Governors of States under President’s
PANCHAYAT
rule and six Ministers of Cabinet rank in the Union Council of
• Panchayat means an institution of self-government
Ministers, nominated by the Chairman of the Council, are
constituted for rural areas.
members of the Council. Five Ministers of Cabinet rank
nominated by the Chairman of the Council are permanent • There shall be constituted in every State, Panchayats at the
invitees to the Council. village, intermediate and districts level.
• However, Panchayats at the intermediate level may not be
constituted in a State having a population not exceeding
twenty lakhs.

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ELECTION • Thus, Parliament enacted Panchayat (Extension to the
• All the seats in a Panchayat shall be filled by persons Scheduled Areas) Act, 1996 (PESA) to extend Part IX of the
chosen by direct election from territorial constituencies in Constitution with certain modifications and exceptions to
the Panchayat area. the Scheduled V areas.

• Each Panchayat area shall be divided into territorial EMPOWERMENT OF GRAM SABHA THROUGH PESA
constituencies in such manner that the ratio between the • Safeguard and preserve the traditions and customs of the
population of each constituency and the number of people, their cultural identity, customary resources and
seats allotted to it shall be the same throughout the customary mode of dispute resolution
Panchayat area. • Carry out executive functions to approve plans,
• The superintendence, direction and control of the programmes and projects for social and economic
preparation of electoral rolls for, and the conduct of, all development, identify persons as beneficiaries under the
elections to the Panchayats shall be vested in the State poverty alleviation and other programmes
Election Commission. • Right to mandatory consultation in land acquisition,
DURATION resettlement and rehabilitation of displaced persons
Every Panchayat, unless sooner dissolved under any law for • Regulate sale/consumption of intoxicants; ownership of
the time being in force, shall continue for five years from the minor forest produce and manage village market
date appointed for its first meeting.
FINANCE COMMISSION ►MUNICIPALITY
• The Governor of a State shall at the expiration of every
CONSTITUTION
fifth year, constitute a Finance Commission to review the
There shall be constituted in every State
financial position of the Panchayats and to make
recommendations to the Governor on: • Nagar Panchayat (for transitional area from rural to urban)

ο The principles which should govern the distribution • Municipal Council (for smaller urban area)
between the State and the Panchayats of the net • Municipal Corporation (for larger urban area)
proceeds of the taxes, duties, tolls and fees METROPOLITAN AREA
ο the grants-in-aid to the Panchayats from the • “Metropolitan area” means an area having a population of
Consolidated Fund of the State ten lakhs or more, comprised in one or more districts and
ο the measures needed to improve the financial position consisting of two or more Municipalities or Panchayats or
of the Panchayats other contiguous areas.
APPLICATION ELECTION
• The part relating to Panchayat shall not apply to • All the seats in a Municipality shall be filled by persons
ο Scheduled areas and Tribal areas as referred to in chosen by direct election from the territorial
Article 244. constituencies in the Municipal area.

ο States of Nagaland, Meghalaya and Mizoram • For this purpose, each Municipal area shall be divided into
territorial constituencies to be known as wards.
ο Hill areas in the State of Manipur for which District
Councils exist • The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all
THE SCHEDULED AND TRIBAL AREAS’
elections to the Municipalities shall be vested in the State
• Article 244 deals with ‘The Scheduled and Tribal Areas’.
Election Commission.
Article 244 deals with Administration of Scheduled and
WARDS COMMITTEE
Tribal Areas.
There shall be constituted Wards Committees, consisting of
• 244(1) – The provisions of Fifth Schedule shall apply to the
one or more wards, within the territorial area of a
administration and control of Scheduled Areas and
Municipality having a population of three lakhs or more.
Scheduled Tribes in any state other than the states of
Assam, Meghalaya, Tripura and Mizoram. DISTRICT PLANNING COMMITTEE

• 244(2) - The provisions of Sixth Schedule shall apply to the District Planning Committee shall be constituted at district
administration of the tribal areas in the state of Assam, level in every State
Meghalaya, Tripura and Mizoram. • To consolidate the plans prepared by the Panchayats and
the Municipalities in the district and

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• To prepare a draft development plan for the district as a • Parliament may by law provide for the appointment of a
whole. Joint State Public Service Commissionafter a resolution to
Not less than four-fifths of the total number of members of that effect has been passed by the State Legislature or,
such Committee shall be elected by, and from amongst, where there are two Houses, by each House of the
Legislature of each of those States.
• the elected members of the Panchayat at the district level
and • An act made by Parliament or State Legislature may
extend the functions of Public Service Commissions.
• of the Municipalities in the district in proportion to the
ratio between the population of the rural areas and of the • The expenses of the Service Commission including any
urban areas in the district salaries, allowances and pensions payable shall be charged
respectively on:
METROPOLITAN PLANNING COMMITTEE
ο Consolidated Fund of India - UPSC
• There shall be constituted in every Metropolitan area a
Metropolitan Planning Committee to prepare a draft ο Consolidated Fund of states - State Public Service

development plan for the Metropolitan area as a whole. Commission

• Not less than two-thirds of the members of such


Committee shall be elected by, and from amongst, ►UNION PUBLIC SERVICE
• The elected members of the Municipalities and COMMISSION (UPSC)
Chairpersons of the Panchayats in the Metropolitan area in APPOINTMENT OF MEMBERS
proportion to the ratio between the population of the
The Chairman and other members of UPSC shall be
Municipalities and of the Panchayats in that area.
appointed by the President.
FINANCE COMMISSION
OFFICE UNDER THE GOVERNMENT
The Finance Commission constituted under article 243-I shall
Nearly as may be one-half of the members of every Public
also review the financial position of the Municipalities and
Service Commission shall be persons who have held office
make recommendations to the Governor
either under the Government of India or under the
• Regarding distribution between the State and the Government of a State for at least ten years.
Municipalities of the net proceeds of the taxes
TERM OF OFFICE
• Determination of the taxes, duties, tolls and fees which
A member of UPSC shall hold office for
may be assigned to, or appropriated by, the Municipalities.
• a term of 6 years from the date on which he enters upon
• Grants-in-aid to the Municipalities from the Consolidated
his office; or
Fund of the State.
• Until he/she attains the age of 65 years
RESIGNATION
►97th CONSTITUTIONAL AMENDMENT-
A member of UPSC may resign his/her office by writing under
COOPERATIVE his hand addressed to the President.
CHANGES INCORPORATED REMOVAL
In fundamental Rights: Article 19(1):Right to form Chairman or any other member of UPSC shall only be
cooperatives removed from his office by order of thePresident
In DPSP: Article 43B: State shall endeavour to promote • on the ground of misbehavior; and
voluntary formation, autonomous functioning, democratic
• After the Supreme Court has on inquiry (on reference
control and professional management of co-operative
being made to it by the President) reported that the
societies.
Chairman or such other member ought to be removed on
such grounds.
►CONSTITUTIONAL BODIES • The President may also remove a Chairman or Member of
UPSC if:
►PUBLIC SERVICE COMMISSION ο They are adjudged insolvent
• There shall be a Public Service Commission for the Union
ο They engage during their term of office in any paid
and a Public Service Commission for each State.
employment outside the duties of their office.
• Two or more States may agree to have a Joint Public
Service Commission (JPC) for that group of States

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ο They are in the opinion of the President, unfit to REPORTS OF UPSC
continue in office by reason of infirmity of mind or • It shall be the duty of UPSC to present annually to the
body. President a report as to the work done by the Commission.
SUSPENSION • On receipt of such report the President shall cause a copy
The President may suspend from office the Chairman or thereof to be laid before each House of Parliament.
any other member of UPSC in respect of whom a reference • The Report shall also contain a memorandum explaining
has been made to the Supreme Court for enquiry. where the advice of the Commission was not accepted and
Holding of Office the reasons for such non-acceptance.
• The Chairman of UPSC shall be ineligible for further
employment either under the Government of India or ►JOINT PUBLIC SERVICE
under the Government of a State.
COMMISSION (JPC)
• A member other than the Chairman of UPSC shall be
APPOINTMENT
eligible for appointment as the Chairman of UPSC, or as
the Chairman of a State Public Service Commission --- The Chairman and other members of JPC shall be appointed
but shall not be eligible for any other employment either by the President.
under the Government of India or under the Government TENURE
of a State. A member of JPC shall hold office for:
FUNCTIONS • a term of six years from the date on which he enters upon
• To conduct examinations for appointments to the services his office; or
of the Union • Until he/she attains the age of 62 years
• To assist such states on request in framing and operating RESIGNATION
schemes of joint recruitment for any services.
A member of JPC may resign his/her office by writing under
• State Commission shall consult UPSC on: his hand addressed to the President.
ο Issues relating to methods of recruitment to civil REMOVAL
services and for civil posts
Same as members of UPSC
ο Principles to be followed in making appointments,
SUSPENSION
promotions and transfers from one service to another
The President may suspend from office the Chairman or
ο On all disciplinary matters affecting a person serving
any other member of UPSC in respect of whom a reference
under the Government of India or the Government of a
has been made to the Supreme Court for enquiry.
State in a civil capacity
REPORTS OF JPC
ο On any claim by serving or has served members under
• It shall be the duty of JPC to present annually to the
the Government of India or the Government of a State
Governor a report as to the work done by the Commission.
or under the Crown
• On receipt of such report the Governor shall cause a copy
ο On any claim for the award of a pension in respect of
thereof to be laid before respective Legislature of State.
injuries sustained by a person while serving under the
Government of India or the Government of a State or • The Report shall also contain a memorandum explaining
under the Crown where the advice of the Commission was not accepted and
the reasons for such non-acceptance.

►MEMBERS OF UPSC ►MEMBERS OF SPSC ►MEMBERS OF JPC

Appointment by the The President Governor President

Term of office - A a term of 6 years from date a term of 6 years from date
a term of 6 years from date of joining or
member shall hold of joining or till they attain of joining or till they attain
till they attain 65 years of age
office for 62 years of age 62 years of age

By writing under his hand addressed to By writing under his hand By writing under his hand
Resignation
the President addressed to the Governor addressed to the President

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By order of the President on grounds of


misbehavior and after an enquiry by
Supreme Court.
Removal Same as of UPSC Same as of UPSC
Can be removed also on the grounds of:
Insolvency, outside employment and
infirmity of mind and body

Suspension By the President By the Governor By the President

►COMPTROLLER AND AUDITOR • The reports of CAG relating to the accounts of a State shall
be submitted to the Governor of the State, who shall cause
GENERAL OF INDIA (CAG) them to be laid before the Legislature of the State.
APPOINTMENT
CAG shall be appointed by the President by warrant under ►FINANCE COMMISSION
his hand and seal.
CONSTITUTION
REMOVAL
• The President shall at the expiration of every fifth year
CAG shall only be removed from office in like manner and on
or at such earlier time as the President considers
the like grounds as a Judge of the Supreme Court.
necessary, by order constitute a Finance Commission.
(By a majority of the total membership of that House and
• The Finance Commission shall consist of a Chairman and
by a majority of not less than two-thirds of the members
four other members to be appointed by the President.
of that House present and voting)
SELECTION OF MEMBERS
OATH
Parliament may by law determine the qualifications which
Every person appointed to be the CAG of India shall make
shall be requisite for appointment as members of the
and subscribe before the President, or some person
Commission and the manner in which they shall be selected.
appointed in that behalf by him, an oath or affirmation
DUTY
according to the form set out for the purpose in the Third
Schedule. To make recommendations to the President as to –

CONDITIONS OF SERVICE • The distribution between the Union and the States of the
net proceeds of taxes
• The salary and other conditions of service of the CAG shall
be determined by Parliament by law. • Principles governing the grants in-aid of the revenues of
the States out of the Consolidated Fund of India
• The CAG shall not be eligible for further office either
under the Government of India or under the Government • Measures needed to augment the Consolidated Fund of a
of any State after he has ceased to hold his office. State to supplement the resources of the Panchayats and
Municipalities in the State on the basis of the
ADMINISTRATIVE EXPENSE
recommendations made by the State Finance Commission.
The administrative expenses of the office of CAG including all
• Any other matter referred to the Commission by the
salaries, allowances and pensions payable to or in respect of
President in the interests of sound finance.
the persons serving in that office, shall be charged upon the
Consolidated Fund of India. RECOMMENDATIONS

DUTIES & POWERS The President shall cause every recommendation made by
the Finance Commission together with an explanatory
The CAG shall perform its duties and functions with respect
memorandum as to the action taken thereon to be laid
to accounts of the Union and of the States along with Public
before each House of Parliament.
Sector Undertakings and Public Institutions.
FOURTEENTH FINANCE COMMISSION (FFC)
AUDIT REPORTS
• 14th Finance Commission (FFC) Report was tabled in
• The reports of the CAG relating to the accounts of the
Parliament February 2015.
Union shall be submitted to the President, who shall
cause them to be laid before each House of Parliament. • FFC recommended by Majority Decision that the States’
Share in the Net Proceeds of the Union Tax Revenues be

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Raised to 42% which is a huge jump from the 32% INTERFERENCE BY COURTS
Recommended by the 13th Finance Commission. Interference by Courts in matters related with elections are
• The tenure of FFC is for the period from 1st April, 2015 to barred in matters of –
31st March, 2020. • Delimitation of constituencies or the allotment of seats
to such constituencies by Delimitation Commission.
►ELECTION COMMISSION • Election to either House of Parliament or to the House or
CONDUCT OF ELECTIONS either House of State Legislature during the conduct of
an election.
Election Commission shall be responsible for
Superintendence, Direction and Control of the preparation of The purpose is to allow the process of election to be
the Electoral Rolls for and the conduct of all elections to- completed in the set timeframe allotted by the Election
Commission. Thus, the Constitution effectively states that all
• Parliament
disputes related to the elections shall be raised only after the
• Legislature of every State
declaration of results.
• Offices of President and Vice-President
JURISDICTION OF COURTS
The President may also appoint after consultation with the
All doubts and disputes arising out of or in connection with
Election Commission such Regional Commissioners as he
the election of a President or Vice-President shall be
may consider necessary to assist the Election Commission in
inquired into and decided by the Supreme Court.
the performance of its functions.
 The Constitution (Nineteenth Amendment) Act, 1966
CONSTITUTION
The amendment abolished Election Tribunals and
• Chief Election Commissioner (CEC) and such number of
accordingly the jurisdiction to hear election disputes was
other Election Commissioners, as the President may
transferred to the High Court. This was facilitated by adding
from time to time fix.
Section 80A to the Representation of People Act, 1951.
• The CEC shall act as the Chairman of the Election
Section 80A - High Court to try election petitions.—(1) The
Commission.
Court having jurisdiction to try an election petition shall be
REMOVAL the High Court.
• The CEC shall be removed from his office in like manner ELECTION TO PANCHAYAT & MUNICIPALITY
and on the like grounds as a Judge of the Supreme Court.
The superintendence, direction and control of the
• Any other Election Commissioner or a Regional preparation of electoral rolls for, and the conduct of, all
Commissioner shall not be removed from office except on elections to the Panchayats and Municipality shall be vested
the recommendation of the Chief Election Commissioner. in the State Election Commission.
• Thus, the process of removal of CEC and other Election or When is a By-Election held for Lok Sabha?
Regional Commissioners is different.
Section 149 of the Representation of People’s Act, 1951
ROLE OF PARLIAMENT provides for bye-election in case of casual vacancies in the
Parliament may by law make provision with respect to House of the People. It says, when the seat of a member
matters relating to elections to either House of Parliament elected to the House of the People becomes vacant or is
or to the House or either House of State Legislature declared vacant or his election to the House of the People is
including the preparation of declared void, then Election Commission by notification can
• Electoral rolls, hold an election to fill the vacancy.

• The delimitation of constituencies and However, if vacancy is caused on a seat reserved for
Scheduled Caste or Scheduled Tribe, then person filling the
• All other matters necessary for securing the due
seat through election must be from the same category.
constitution of such House or Houses
Bye-elections to fill the vacancy shall be held within a period
Thus, the Parliament of India has legislated The
of six months from the date of the occurrence of the vacancy.
Representation of People Act, 1950 and The
However, by-election shall not be held if:
Representation of People Act, 1951.
1. If less than one year remains for the conduct of next
State Legislature can make provisions (if any has not been
general elections. (Eg. Election is to be held in December
made by the Parliament) in connection with election to the
and vacancy arose in February of the same year)
House or either House of State.

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2. If the Election Commission in consultation with the POWERS OF CIVIL COURT
Central Government certifies that it is difficult to hold the The Commission shall, while investigating any matter or
bye-election within six months. enquiring into any complaint shall have all the powers of a
civil court trying a suit specially for

►NATIONAL COMMISSION FOR • summoning and enforcing the attendance of any person
from any part of India and examining him on oath
SCHEDULED CASTE (NCSC)
• requiring the discovery and production of any document
MEMBERS
• receiving evidence on affidavits
The Commission shall consist of a Chairperson, Vice-
Chairperson and three other Members. • requisitioning any public record or copy thereof from any
court or office
APPOINTMENT
• issuing commissions for the examination of witnesses and
The Chairperson, Vice-Chairperson and other Members of the
documents
Commission shall be appointed by the President by warrant
under his hand and seal. CONSULTATION

TENURE The Union and every State Government shall consult the
Commission on all major policy matters affecting Scheduled
The conditions of service and tenure of office of the
Castes.
Chairperson, Vice-Chairperson and other Members so
appointed shall be such as the President may by rule
determine. ►NATIONAL COMMISSION FOR
DUTIES SCHEDULED TRIBE (NCST)
It shall be the duty of the Commission to: MEMBERS
• to investigate and monitor all matters relating to the The Commission shall consist of a Chairperson, Vice-
safeguards provided for the Scheduled Castes under the Chairperson and three other Members.
Constitution or any other law. APPOINTMENT
• to inquire into specific complaints with respect to the The Chairperson, Vice-Chairperson and other Members of the
deprivation of rights and safeguards of the Scheduled Commission shall be appointed by the President by warrant
Castes under his hand and seal.
• to participate and advise on the planning process of socio- TENURE
economic development of the Scheduled Castes
The conditions of service and tenure of office of the
• to evaluate the progress of their development under the Chairperson, Vice-Chairperson and other Members so
Union and any State appointed shall be such as the President may by rule
• to present to the President, annually and at such other determine.
times as the Commission may deem fit, reports upon the DUTIES
working of those safeguards
• To investigate and monitor all matters relating to the
• to make recommendation about measures to be taken by safeguards provided for the Scheduled Tribe under the
Union or State for effective implementation for the Constitution or any other law.
protection, welfare and socio-economic development of
• To inquire into specific complaints with respect to the
the Scheduled Castes.
deprivation of rights and safeguards of the Scheduled
REPORT OF THE COMMISSION Tribes
• The President shall cause all such reports to be laid • To participate and advise on the planning process of socio-
before each House of Parliament along with a economic development of the Scheduled Tribes
memorandum explaining the action taken or proposed to
• To evaluate the progress of their development under the
be taken on the recommendations.
Union and any State
• If the report relates to State Government, then the
• To present to the President, annually and at such other
Governor of that statewho shall cause it to be laid before
times as the Commission may deem fit, reports upon the
the Legislature of the State along with a memorandum
working of those safeguards
explaining the action taken or proposed to be taken.
• To make recommendation about measures to be taken by
Union or State for effective implementation for the

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protection, welfare and socio-economic development of ο Inquire into specific complaints with respect to
the Scheduled Tribes. deprivation of rights and safequards of the SEBCs
REPORT OF THE COMMISSION ο Participate and advise on the socio-economic
• The President shall cause all such reports to be laid development of SEBCs and to evaluate the progress of
before each House of Parliament along with a their development under the Union or any State.
memorandum explaining the action taken or proposed to ο Present annual report to the President and other
be taken on the recommendations. reports as the Commission deems fit upon the working
• If the report relates to State Government, then the of safeguards.
Governor of that statewho shall cause it to be laid before ο Make recommendations about the measures that need
the Legislature of the State along with a memorandum to be taken by the Union or States for the effective
explaining the action taken or proposed to be taken. implementation safeguards and other additional
POWERS OF CIVIL COURT measures for socio-economic development of SEBCs in
the above reports
The Commission shall, while investigating any matter or
enquiring into any complaint shall have all the powers of a • President shall lay all reports of NCBC before each House
civil court trying a suit specially for of Parliament along with memorandum explaining the
action taken and the reasons for the non-acceptance, of
• summoning and enforcing the attendance of any person
any such recommendations.
from any part of India and examining him on oath
• If the report of NCBC presented to the President or any
• requiring the discovery and production of any document
part of it deals with any matter which deals with any State
• receiving evidence on affidavits
Government, a copy of such report shall be forwarded to
• requisitioning any public record or copy thereof from any the State Government which will lay it before the
court or office Legislature of the State along with memorandum
• issuing commissions for the examination of witnesses and explaining the action taken and the reasons for the non-
documents acceptance, of any such recommendations.

CONSULTATION • NCBC will have powers of civil court while inquiring into

The Union and every State Government shall consult the any complaint.

Commission on all major policy matters affecting Scheduled • Union and State Governments to consult NCBC on all
Tribes. major policy matters affecting the SEBCs.
2) Article 342A:
►102 CONSTITUTIONAL
nd
• President after consultation with Governor of each State
and UT to notify SEBCs for every State or UT.
AMENDMENT ACT – NATIONAL
• Central List of SEBCs: Parliament can by law include in or
COMMISSION FOR BACKWARD
exclude from the Central List of SEBCs.
CLASSES (NCBC)
PROVISIONS ►COMMISSION ON OFFICIAL
1) Article 338B: Creates a constitutional Commission for the
LANGUAGE (ARTICLE 344)
socially and educationally backward classes (SEBCs) to be
known as National Commission for Backward Classes. OFFICIAL LANGUAGE

• Composition: Commission shall consist of Chairperson, The official language of the Union shall be Hindi in
Vice-chairperson, and three other Members. Conditions of Devanagari script.
service tenure of office of the Chairperson, Vice- APPOINTMENT
Chairperson and other members to be determined by The President shall at the expiration of ten years by order
President by rules. They will be appointed by President by constitute a Commission which shall consist of a Chairman
warrant under his hand and seal. and such other members representing the different
• Functions of the NCBC: languages specified in the Eighth Schedule as the President
ο Investigate and monitor about the safequards provided
may appoint.
for SEBCs under COI or under any law or order. Also to DUTIES
evaluate working of above safequards. It shall be the duty of the Commission to make
recommendations to the President as to –

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• the progressive use of the Hindi language for the official REPORT
purposes of the Union The President shall cause all such Reports to be laid before
• restrictions on the use of the English language for all or each House of Parliament, and sent to the Governments of
any of the official purposes of the Union the States concerned.
• the language to be used for all or any of the purposes
mentioned in article 348 (Language to be used in Supreme
Court and in every High Court – English language)
►STATUTORY BODIES
• form of numerals to be used for any one or more specified ►NATIONAL COMMISSION FOR
purposes of Union
MINORITIES
• Any other matter referred by the President to the
ESTABLISHED
Commission regarding official language of the Union and
the language for communication between the Union • Government of India appointed a Minorities Commission
and a State or between one State and another State in 1978 under an administrative resolution.
and their use. • Scope of the Commission’s work extended to minorities
In making their recommendations, the Commission shall whether based on religion or language.
have • Parliament enacted the National Commission for
• due regard to the industrial, cultural and scientific Minorities Act, 1992 to establish National Commission for
advancement of India, and Minorities

• the just claims and the interests of persons belonging to • The government has notified the following as minorities:
the non-Hindi speaking areas in regard to the public ο Muslims,
services. ο Christians,
COMMITTEE ο Buddhists,
There shall be constituted a Committee consisting of 30 ο Sikhs
members, of which
ο Zoroastrians, and
• 20 members shall be members of the House of the
ο Jains
People and
MEMBERS
• 10 members shall be members of the Council of States
The Commission shall consist of a
to be elected by each House in accordance with the system
• Chairperson,
of proportional representation by means of the single
transferable vote. • Vice-Chairperson and

The Committee shall examine the recommendations of the • Five Members


Commission and report to the President their opinion. to be nominated by the Central Government from
amongst persons of eminence, ability and integrity.
►SPECIAL OFFICER FOR LINGUISTIC TENURE

MINORITIES (ARTICLE 350B) The Chairperson and every Member shall hold office for a
term of 3 years from the date of appointment.
APPOINTMENT
FUNCTIONS
• There shall be a Special Officer for linguistic minorities to
be appointed by the President. • Evaluate the progress of the development of minorities
under the Union and States.
• Article 29 provides that any section of citizens residing in
Indian territory shall have right to conserve distinct • Monitor the working of the safeguards provided in the
language, script or culture of their own. Constitution and in laws enacted by Parliament and the
State Legislatures and make effective recommendations.
DUTY
• look into specific complaints regarding deprivation of
It shall be the duty of the Special Officer to investigate all
rights and safeguards of minorities
matters relating to the safeguards provided for linguistic
minorities under this Constitution and report to the • conduct studies, research and analysis on the issues
President upon those matters at such intervals as the relating to socio-economic, educational development and
President may direct.

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discrimination of minorities and recommend suitable children of prisoners and recommend appropriate
measures. remedial measures
REPORTS • Study treaties and other international instruments,
undertake periodic review of policies and programmes and
Central Government shall cause the recommendations to be
undertake and promote research in the field of child
laid before each House of Parliament along with a
rights.
memorandum explaining the action taken or proposed to be
taken and the reasons for the non-acceptance, if any, of any
of such recommendations. ►NATIONAL COMMISSION FOR
WOMEN
►NATIONAL COMMISSION FOR THE CONSTITUTION
PROTECTION OF CHILD RIGHTS The National Commission for Women was set up as statutory
body under the National Commission for Women Act, 1990.
(NCPCR)
MEMBERS
CONSTITUTION
The Commission shall consist of a Chairperson and 5
• It was set up in March 2007 under The Commissions for
members to be nominated by the Central Government from
Protection of Child Rights (CPCR) Act, 2005.
reputable fields.
• It works under the administrative control of Ministry of
TENURE
Women & Child Development.
The Chairperson and every Member shall hold office for
• The 2005 Act provides for constitution of National
period not exceeding three years.
Commission and State Commissions for Protection of
Child Rights and Children's Courts for providing speedy FUNCTIONS
trial of offences against children or of violation of child • Review the Constitutional and Legal safeguards for women
rights. • Recommend remedial legislative measures to the
• The Commission shall consist of a Chairperson and six government
Members, out of which at least two shall be women. • Facilitate redressal of grievances and
• The Child is defined as a person in the 0 to 18 years age • Advise the Government on all policy matters affecting
group. women
APPOINTMENT • Take up cases of violation of laws and rights, non-
• The Central Government shall appoint Chairperson and implementation of policies and schemes affecting women
other Members • Undertake promotional and educational research
• Chairperson shall be appointed on the recommendation of andsuggest ways of ensuring due representation of
a Three Member Selection Committee headed by Minister women in all spheres of life.
of Women and Child Development. REPORTS
FUNCTION • The Central Government shall cause the Reports of NCW
• Examine and review the safeguards provided for the to be laid before each House of Parliament along with a
protection of children under various law and recommend memorandum explaining the action taken or proposed to
measures for effective implementation be taken.
• Inquire into violation of child rights and recommend • If any matter in the report pertains to any state
initiation of proceedings in such cases government, then Commission shall forward a copy of
• Examine all factors that inhibit the enjoyment of rights of such report or part to such State Government who shall
children affected by terrorism, communal violence, riots, cause it to be laid before the Legislature of the State along
natural disaster, domestic violence, HIV/AIDS, trafficking, with a memorandum explaining the action taken or
maltreatment, torture and exploitation, pornography and proposed to be taken on such recommendations.
prostitution and recommend appropriate remedial
measures ►CENTRAL VIGILANCE COMMISSION
• Look into the matters relating to children in need of special (CVC)
care and protection including children in distress,
FORMATION
marginalized and disadvantaged children, children in
conflict with law,juveniles, children without family and • The CVC was set up by the Government in February,1964
on the recommendations of the Committee on

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Prevention of Corruption, headed by Shri K. Santhanam, • Vigilance Commissioner shall be eligible for appointment
to advise and guide Central Government agencies in the as Central Vigilance Commissioner
field of vigilance. • On ceasing to hold office, Central Vigilance Commissioner
• An Ordinance by the President in 1998 made the CVC a and every other Vigilance Commissioner shall be ineligible
multi member Commission with "statutory status" with for further employment to any office of profit under
effect from 25th August,1998. Government of India or government of any State.
• Consequently the CVC Bill passed in 2003 to give CVC a RESIGNATION
statutory status Central Vigilance Commissioner or a Vigilance Commissioner
VIGILANCE may by writing under his hand addressed to the President,
CVC is conceived to be the apex vigilance institution, free of resign their office.
control from any executive authority to REMOVAL
• Monitor all vigilance activity under the Central Government • Central Vigilance Commissioner or any Vigilance
and Commissioner shall be removed shall be removed on
• Advise various authorities in Central Government grounds of misbehavior or incapacity
organizations in planning, executing, reviewing and ο On order of the President
reforming their vigilance work. ο And after an enquiry has been conducted by the
• Receive written complaints for disclosure on any allegation Supreme Court
of corruption or misuse of office and recommend
appropriate action.
►NATIONAL LEGAL SERVICE
• Exercise superintendence over functioning of Delhi Police
AUTHORITY (NALSA)
Establishment regarding investigation of offences under
The Prevention of Corruption Act, 1988. FORMATION

MEMBERS • National Legal Service Authority (NALSA) derives its power


through The Legal Services Authority Act, 1987.
The Commission shall consists of-
• The Act promotes an inclusive legal system in order to
• Central Vigilance Commissioner
ensure fair and meaningful justice to the marginalized and
• Not more than 2 Vigilance Commissioners disadvantaged sector by strengthening the system of Lok
APPOINTMENT Adalats and other Alternate Dispute Resolution
Central Vigilance Commissioner and other Vigilance mechanisms.
Commissioners shall be appointed by the President by • The Act constitutes legal services authorities at National
warrant under his hand and seal. and respective State level to provide free and
The appointment shall be made after obtaining the competent legal services to the weaker sections of the
recommendation of a Committee consisting of- society.

• Prime Minister – Chairperson COMPOSITION

• Minister of Home Affairs – Member National Legal Services Authority shall consist of

• Leader of Opposition in the Lok Sabha - Member • Chief Justice of India who shall be the Patron-in-Chief,

TENURE • a Serving or Retired Judge of the Supreme Court to be


nominated by the President, in consultation with the Chief
Central Vigilance Commissioner and every Vigilance
Justice of India, who shall be the Executive Chairman and
Commissioner shall hold office for
• Such number of other members, possessing such
• a term of 4 years from the date of his/her appointment.
experience and qualifications to be nominated in
• Or till he/she attains the age of 65 years (whichever is
consultation with the Chief Justice of India.
earlier)
• The Central Government shall, in consultation with the
BAR ON APPOINTMENT
Chief Justice of India, appoint a person to be the Member-
• Central Vigilance Commissioner shall be ineligible for Secretary of the Central Authority to exercise such powers
appointment in the Commission when he/she ceases to and perform such duties under the Executive Chairman of
hold office. the Central Authority.

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FUNCTION STATE LEGAL SERVICES AUTHORITY
NALSA shall perform the following for the weaker sections of State Legal Services Authority also called State Authority shall
the society consist of-
• Frame effective and economical schemes for the purpose • Chief Justice of the High Court who shall be the Patron-
of making legal services available to them. in-Chief
• Take necessary steps by way of social justice litigation with • Serving or Retired Judge of the High Court, to be
regard to consumer protection, environmental protection nominated by the Governor, in consultation with the Chief
or other matter of special concern. Justice of the High Court, who shall be the Executive
• Train the social workers in legal skills for promotion of Chairman; and
justice. • Such number of other members to be nominated by the
• Undertake and promote research in the field of legal respective State Government in consultation with the Chief
services with special reference to the need for such Justice of the concerned High Court.
services among the poor. • The State Government in consultation with the Chief
• Take steps to ensure commitment to the fundamental Justice of the High Court, appoint a person belonging to
duties of citizens enshrined under Part IVA of the Indian the State Higher Judicial Service, not lower in rank than
Constitution. that of a District Judge, as the Member-Secretary of the
State Authority, to exercise such powers and perform
• Monitor and evaluate implementation of the legal aid
such duties under the Executive Chairman of the State
programmes and schemes at periodic intervals
Authority.
• Provide grants-in-aid for specific schemes to various
FUNCTIONS OF STATE LEGAL SERVICES AUTHORITY
voluntary social service institutions and the State and
District Authorities. • State Authority shall implement the policy and directions
of the Central Authority.
• Develop, in consultation with the Bar Council of India,
programmes for clinical legal education and supervise the • Give legal service to persons belonging to the weaker
establishment and working of legal services clinics in section of the society
universities, law colleges and other institutions. • Conduct Lok Adalats including Lok Adalats for High Court
• Make special efforts to enlist the support of voluntary cases.
social welfare institutions working at the grass-root level, • Undertake preventive and strategic legal aid programmes
particularly among the Scheduled Castes and the HIGH COURT LEGAL SERVICES COMMITTEE
Scheduled Tribes, women and rural and urban labour
The State Authority shall constitute High Court Legal
• Co-ordinate and monitor the functioning of State Services Committee for every High Court, for the purpose of
Authorities, District Authorities, Supreme Court Legal exercising such powers and performing such functions as
Services Committee, High Court Legal Services prescribed.
Committees, Taluk Legal Services Committees, voluntary
The members of the Committee shall be nominated by the
social service institutions and other legal services
Chief Justice of respective High Courts. The Committee shall
organisations.
consists of
SUPREME COURT LEGAL SERVICES COMMITTEE
• a Sitting Judge of the High Court who shall be the
• The Central Authority shall constitute Supreme Court Chairman
Legal Services Committee for the purpose of exercising
• such number of other members possessing such
such powers and performing such functions as may be
experience and qualifications as may be determined by
determined by regulations made by the Central Authority.
regulations made by the State Authority.
• The members of the Committee shall be nominated by the
• The Chief Justice of the High Court shall appoint a
Chief Justice of India. The Committee shall consist of
Secretary to the Committee
a) a Sitting Judge of the Supreme Court who shall be the
DISTRICT LEGAL SERVICES AUTHORITY
Chairman
The State Government shall, in consultation with the Chief
b) such number of other members possessing such
Justice of the High Court, constitute District Legal Services
experience and qualifications as may be prescribed by the
Authority for every District in the State to exercise the
Central Government
powers and perform the functions conferred on them.
A District Authority shall consist of

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• the District Judge who shall be its Chairman Services Committee or, Taluk Legal Services Committee
• such number of other members, possessing such may organise Lok Adalats.
experience and qualifications, to be nominated by that • Every Lok Adalat organised for an area shall consist of
Government in consultation with the Chief Justice of the such number of serving or retired judicial officers and
High Court. other members as may be prescribed by any of the
• The State Authority shall, in consultation with the respective Authorities.
Chairman of the District Authority, appoint a person • A Lok Adalat shall have jurisdiction to determine and to
belonging to the State Judicial Service not lower in rank arrive at a compromise or settlement between the parties
than that of a Subordinate Judge or Civil Judge posted at to a dispute in respect of
the seat of the District Judiciary as Secretary of the • any case pending before or
District Authority to exercise such powers and perform
• any matter which is falling within the jurisdiction of, and is
such duties under the Chairman of that Committee.
not brought before, any Court for which the Lok Adalat is
FUNCTIONS OF DISTRICT AUTHORITY organised
• It shall be the duty of every District Authority to perform • Lok Adalat shall haveno jurisdiction in respect of any
such of the functions of the State Authority in the District case or matter relating to an offence not compoundable
as may be delegated to it from time to under any law.
ο Co-ordinate the activities of the Taluk Legal Services Non-compoundable cases are serious criminal cases
Committee and other legal services in the District and which cannot be quashed and compromise is not allowed
ο To organise Lok Adalats within the District. between the parties. It is always registered in the name of
• District Authority shall act in coordination with other state. Eg. State of Karnataka vs XYZD. Under a Non-
governmental and non-governmental institutions, Compoundable offense, full trail is held which ends with the
universities and others engaged in the work of promoting acquittal or conviction of the offender, based on the evidence
the cause of legal services to the poor. presented in a Court of Law.

• It shall also be guided by such directions as the Central FUNCTIONS OF LOK ADALAT
Authority or the State Authority Lok Adalat while hearing a case can
TALUK LEGAL SERVICES COMMITTEE • summon and enforce the attendance of any witness;
• The State Authority may constitute a Taluk Legal Services • examine him/her on oath,
Committee, for each taluk or mandal or for group of • make discovery of documents,
taluks or mandals.
• receive evidence,
• The Committee shall consist of
• ask for requisitioning of any public record or document or
ο The senior-most Judicial Officer operating within the copy of such record or document from any court or office
jurisdiction of the Committee who shall be the ex officio
Lok Adalat can specify its own procedure for the
Chairman, and
determination of any dispute. All the proceedings before a
ο such number of other members, as may be prescribed Lok Adalat shall be deemed to be judicial proceedings.
by the State Government to be nominated by that
AWARDS OF LOK ADALAT
Government in consultation with the Chief Justice of the
High Court. • Every award of the Lok Adalat shall be deemed to be a
decree of a civil court or an order of any other court and
• The Taluk Legal Services Committee may perform all or
where a compromise or settlement has been arrived at.
any of the following functions, namely
• Every award made by a Lok Adalatshall be final and
ο co-ordinate the activities of legal services in the taluk
binding on all the parties to the dispute, and no appeal
ο organise Lok Adalats within the taluk shall lie to any courtagainst the award.
ο perform other functions as assigned by the District
Authority
►QUALITY COUNCIL OF INDIA
►LOK ADALATS FORMATION

• The Legal services authority Act also lays down a Quality Council of India (QCI) was set up in 1997 jointly by the
framework for Lok Adalats Government of India and the Indian Industry represented by
the three premier industry associations
• Every State Authority or District Authority or Supreme
Court Legal Services Committee or every High Court Legal • Associated Chambers of Commerce and Industry of India
(ASSOCHAM),

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• Confederation of Indian Industry (CII) and • To regulate Mergers and Acquisitions or Takeovers taking
• Federation of Indian Chambers of Commerce and Industry place in the market.
(FICCI) ROLE
to establish and operate national accreditation structure and • To prevent practices having adverse effect on competition
promote quality through National Quality Campaign. • To promote and sustain competition in markets
It provides technical support to both Central and State • To protect the interests of consumers and
government departments in implementing ISO 9001
• To ensure freedom of trade carried on by other
standards as well as in undertaking process improvement
participants in Indian market.
projects.
MEMBERS
ADMINISTRATIVE CONTROL
The Competition Commission shall consist of a
The Department of Industrial Policy & Promotion, Ministry of
• Chairperson and
Commerce & Industry, is the nodal ministry for QCI.
• Not less than 2 and not more than 6 members
NATIONAL BOARD FOR QUALITY PROMOTION
The Chairperson and other Members of the Commission shall
• The National Board for Quality Promotion, a constituent
be appointed by the Central Government from a panel of
board of Quality Council of India works on the Vision of
names recommended by a Selection Committee consisting
promoting quality of life for the Citizens of India.
of –
• The board is supported through nominal Plan Funds from
• the Chief Justice of India or his nominee – Chairperson
the DIPP (Department of industrial Planning & Projects) to
carry out the National Quality Campaign. • the Secretary in the Ministry of Corporate Affairs –
Member
AIM
• the Secretary in the Ministry of Law and Justice – Member
• It aims to promote application of quality management
standards and statistical quality tools with an objective of • two experts of repute who have special knowledge of, and
enabling industry, to improve their competitiveness, with professional experience in international trade, economics,
specific focus on SME sectors. business, commerce, law, finance, accountancy,
management, industry, public affairs or competition
• To develop, establish & operate National Accreditation
matters including competition law and policy - Members
programmes in accordance with the relevant international
standards & guides for various service sectors such as TENURE
education, healthcare, environment protection, The Chairperson and Members shall hold office as such for
governance, social sectors, infrastructure sector, • a term of five years
vocational training etc.
• till he/she attain the age of 65 years
• It also empowers the consumers to demand quality and
Chairperson and Members shall be eligible for re-
thereby creates a back-pressure on suppliers to ensure
appointment.
quality of their products and services.
REMOVAL
The Chairperson or any other Member may, by notice in
►COMPETITION COMMISSION OF
writing under his hand addressed to the Central
INDIA (CCI) Government, resign his office.
FORMATION COMPETITION APPELLATE TRIBUNAL
• The Competition Act, 2002 establishes the Competition Competition Appellate Tribunal has been established to hear
Commission of India. and dispose of appeals against any direction issued or
• Competition Act, 2002 was enacted by replacing decision made or order passed by the Competition
Monopolies and Restrictive Trade Practices Act, (MRTP), Commission of India.
1969 on the recommendations of Mr S. V. S. Raghavan
Committee. ►FOOD SAFETY AND STANDARD
MANDATE
AUTHORITY OF INDIA (FSSAI)
• To check Anti-Competitive agreements
FORMATION
• Prohibit Abuse of dominance by strong companies over
FSSAI has been established under Food Safety and Standards
weak organisations, and
Act , 2006. It operates under Ministry of Health & Family
Welfare.

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MANDATE • Speaker & Deputy Speaker of Lok Sabha + Chairman & Dy.
• Frame of Regulations to lay down and enforce various Chairman of Rajya Sabha + Speaker & Dy. Speaker of State
Standards and guidelines in relation to articles of food. Legislative Assembly + Chairman & Dy. Chairman of
Legislative Council of State
• Lay down mechanisms and guidelines for accreditation of
certification bodies engaged in certification of food safety • Judges of Supreme Court and High Courts
management system for food businesses including • Comptroller and Auditor General of India
accreditation of certifying laboratories. SCHEDULE III - Forms of Oath or Affirmation
• Provide scientific advice and technical support to Central SCHEDULE IV- Allocation of seats in the Council of States
Government and State Governments in the matters of
SCHEDULE V
framing the policy and rules in areas relating to food
safety and nutrition and also check for adulteration. • Administration & Control of Scheduled Areas and
Scheduled Tribes
• Collect and collate data regarding food consumption,
incidence and prevalence of biological risk, contaminants • Provides for Tribes Advisory Council
in food, residues of various, contaminants in foods SCHEDULE VI - Administration of Tribal Areas in the states of
products, identification of emerging risks and introduction Assam Meghalaya Tripura Mizoram
of rapid alert system.
Provides for the constitution of District Councils and Regional
• Creating an information network across the country so Councils
that the public, consumers, Panchayats etc receive rapid,
SCHEDULE VII- Distribution of powers to make laws for
reliable and objective information about food safety and
Parliament & State Legislatures under
issues of concern.
Union List State List Concurrent List
• Provide training programmes for persons who are
involved or intend to get involved in food businesses. SCHEDULE VIII Languages

• Contribute to the development of international technical SCHEDULE IX


standards for food, sanitary and phyto-sanitary standards. • It was added by the Constitution (First Amendment) Act,
• Promote general awareness about food safety and food 1951
standards. • The First amendment added
MEMBERS Article - 31A Article -31B Ninth Schedule
FSSAI shall consist of a Chairperson and 22 members out of so as to make laws acquiring zamindari unchallenged in
which one-third shall be women. court of law.
APPOINTMENT • Thus, any law added to the 9th Schedule could not be
The Chairperson shall be appointed by the Central challenged in a Court of law even though they violated
Government from amongst the persons of eminence in the Fundamental Rights.
field of food science or from administration. • However, in a landmark judgment by 9 Judge Constitution
TERM OF OFFICE Bench in 2007 changed the status quo.

• The Chairperson and the members other than ex officio • The Judgment held that all amendments made to the
Members shall hold office for a term of three years from Constitution on or after 24th April, 1973 by which 9th
date of appointment and shall be eligible for re- SCHEDULE was amended by various laws can be judicially
appointment for a further period of three years. reviewed if they have violated the basic structure of the
constitution as mentioned in Article 14, 19, 20 and 21.
• However, Chairperson shall not hold office as such after
th
he has attained the age of sixty-five years. • Now 9 Schedule can be Judicially Reviewed on grounds
of violating Basic Structure of the Constitution.
SCHEDULE X- Disqualifications on grounds of Defection
APPENDIX SCHEDULE XI

►SCHEDULES UNDER THE • Endowing the Panchayat to make laws under provisions
th
mentioned 11 Schedule.
CONSTITUTION OF INDIA rd
• It was added by 73 Constitution Amendment
SCHEDULE I - Name of States and Union Territories
SCHEDULE XII
SCHEDULE II -Salaries and Emoluments of dignitaries holding
• Endowing the Municipality to make laws on provisions
constitutional office: th
mentioned under 12 Schedule
• President and Governors th
• It was added by 74 Constitution Amendment

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►IMPORTANT AMENDMENTS TO THE CONSTITUTION OF INDIA


AMENDMENTS AMENDED PROVISIONS OF THE CONSTITUTION

1. Added Ninth Schedule to protect the land reform and other laws included in it from the judicial
st
review.
1 Amendment
2. Added three more grounds of restrictions on freedom of speech and expression, viz., public order,
Act, 1951
friendly relations with foreign states and incitement to an offence. Also, made the restrictions
‘reasonable’ and thus, justiciable in nature.
th
7 Amendment Abolished the existing classification of states into four categories i.e., Part A, Part B, Part C and Part D
Act, 1956 states, and re-organised them into 14 states and 6 union territories.
st
21 Amendment th
Added Sindhi as one of the languages in the 8 Schedule.
Act 1967

1. Added three new words (i.e., socialist, secular and integrity) in the Preamble.
2. Added Fundamental Duties by the citizens (new Part IV A).
th 3. Made the president bound by the advise of the cabinet.
42 Amendment
Act, 1976 (‘Mini- 4. Provided for administrative tribunals and tribunals for other matters (Added Part XIV A).
Constitution’; it 5. Froze the seats in the Lok Sabha and state legislative assemblies on the basis of 1971 census till 2001.
gave effect to the 5. Added three new Directive Principles viz., equal justice and free-legal aid, participation of workers in
recommendations the management of industries and protection of environment, forests and wild life.
of Swaran Singh
6. Facilitated the proclamation of national emergency in a part of territory of India.
Committee.)
7. Shifted five subjects from the state list to the concurrent list, viz, education, forests, protection of wild
animals and birds, weights and measures and administration of justice, constitution and organisation
of all courts except the Supreme Court and the high courts.

1. Empowered the president to send back once the advice of cabinet for reconsideration. But, the
reconsidered advice is to be binding on the president.
2. Replaced the term ‘internal disturbance’ by ‘armed rebellion’ in respect of national emergency.
th
44 Amendment 3. Made the President to declare a national emergency only on the written recommendation of the
Act,1978 cabinet.
4. Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
5. Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a
national emergency.
th
52 Amendment
Act, 1985
(popularly known Provided for disqualification of members of Parliament and state legislatures on the ground of defection
as and added a new Tenth Schedule containing the details in this regard.
Anti-Defection
Law)
st
61 Amendment Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly
Act,1989 elections.
st
71 Amendment th
Added Konkani, Manipuri and Nepali languages in the 8 Schedule.
Act 1992

87th Amendment
Santhali, Bodo, Dogri, and Maithili in the 8th Schedule of Indian Constitution Service Tax introduced.
Act, 2003

91st Amendment 1. The total number of ministers, including the Prime Minister, in the Central Council of Ministers shall

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Act,2003 (Made not exceed 15% of the total strength of the Lok Sabha
provisions to 2. A member of either house of Parliament belonging to any political party who is disqualified on the
debar defectors ground of defection shall also be disqualified to be appointed as a minister.
from holding
3. The total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall
public offices, and
not exceed 15% of the total strength of the legislative Assembly of that state. But, the number of
to strengthen the
ministers, including the Chief Minister, in a state shall not be less than 12
anti-defection
4. A member of either House of a state legislature belonging to any political party who is disqualified on
law)
the ground of defection shall also be disqualified to be appointed as a minister
6. The provision of the Tenth Schedule (anti-defection law) pertaining to exemption from disqualification
in case of split by one-third members of legislature party has been deleted. It means that the
defectors have no more protection on grounds of splits.
nd
92 Amendment th
Added Bodo, Dogri, Mathili and Santhali languages in the 8 Schedule.
Act, 2003

95th Amendment Extension of reservation of seats for SC/ST Nomination of Anglo-Indian members in Parliament and State
Act,2010 Assemblies

96th Amendment
Replaced Odia for Oriya in the 8th Schedule to the Indian Constitution
Act 2011

97th Amendment
Introduction of Part IXB in the Constitution of India relating to Co-operative Societies
Act 2012

100th Amendment Exchange of some enclave territories with Bangladesh Conferment of citizenship rights to citizens of
Act 2015 enclave’s resulting to signing of Land Boundary Agreement (LBA) Treaty between India and Bangladesh.

101st Amendment
Introduction of Goods and Services Tax (GST)
Act, 2016

102nd Amendmen
Constitutional Status to National Commission for Backward Classes
t Act, 2018

A maximum of 10% Reservation for Economically Weaker Sections of citizens of classes other than the
103rd Amendment
classes mentioned in clauses (4) and (5) of Article 15, i.e. Classes other than socially and educationally
Act, 2019
backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.

To extend the reservation of seats for SCs and STs in the Lok Sabha and states assemblies from Seventy
104th Amendment
years to Eighty years. Removed the reserved seats for the Anglo-Indian community in the Lok Sabha and
Act, 2019
state assemblies.[112]

►IMPORTANT ARTICLES
NOTE : Have a General Idea on Articles related to Fundamental Rights, DPSP & Fundamental Duties.
Article 74 Aid and Advice of Council of Ministers
Article 75 Collective responsibility of Council of Ministers to Lok Sabha
Article 163 Aid and Advice of Council of Ministers to Governor
Article 164 Collective responsibilities of State Council of Ministers
Article 61 Procedure for Impeachment of the President.
Article 72 Pardoning Powers of the President.
Article 161 Pardoning Powers of the Governor.
Article 85 Sessions of the Parliament, Prorogation and Dissolution (President)
Article 174 Sessions of the State legislature Prorogation and Dissolution (Governor)
Article 86 Right of the President to address and send messages to the Houses of Parliament

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Article 87 Special Address of the President.
Article 175 & 176 Similar Powers of the Governor to address and send messages of State Legislature and to make special
address respectively
Article 111 Power of the President to assent legislation.
Article 200 Power of the Governor to assent legislation and reserve bills for the consideration of the President.
Article 201 President to give assent to State Legislation.
Article 108 President Power to convene joint sitting.
Article 352 Proclamation of National Emergency by the President
Article 355 Centre to protect states from external aggression.
Article 356 Imposition of President Rule or State Emergency
Article 360 President Power to impose financial emergency.
Article 358 Automatic suspension of Fundamental Rights during National Emergency
Article 359 Suspension of Fundamental Rights by Presidents order during national emergency.
Article 365 State to comply with constitutional direction given by the centre.
Article 102 & 191 Disqualification of members of Parliament and State Legislature respectively.
Article 105 & 194 Powers and Privileges of Members of Parliament and State Legislature.
Article 110 & 199 Definition of Money Bill for Parliament and State Legislature respectively.
Article 117 Financial Bill
Article 368 Constitutional Amendment Bill
Article 112 & 202 Annual financial statement parliament and state legislature respectively
Article 266 Consolidated fund of India and Public accounts of India and the States
Article 267 Contingency fund of India and the States
Article 118 Rules of Procedure in Parliament
Article 169 Creation and Abolition of Legislative Council
Article 249 Rajya Sabha to pass special resolution to enable parliament to make laws on state lists.
Article 312 Creation of All India Services.
Article 131 Original Jurisdiction of Supreme Court
Article 136 Special Leave Jurisdiction of Supreme Court
Article 137 Powers to review its own order by Supreme Court
Article 141 Order of Supreme Court binding of all other courts
Article 142 Extra ordinary powers of the Supreme Court
Article 143 Advisory jurisdiction of Supreme Court
Article 145 Rule making power of the Supreme Court
Article 226 Writ jurisdiction of High Court
Article 239 Union Territories to be administered by the President
Article 239A Special status union territory of Puducherry
Article 239AA Special status to National Capital Territory of Delhi.
Article 256 Obligation of states to ensure compliance with Laws made by the Parliament
Article 279A GST Council
Article 280 Finance Commission
Article 324 Election Commission
Article 326 Universal Adult Francise
Article 148 Comptroller and Auditor General
Article 315 Public Service Commissions

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Article 76 & 165 Attorney General and Advocate General
Article 338 B National Commission for Backward Classes
Article 123 & 213 Ordinance making power of the President and Governors respectively.

►IMPORTANT SUPREME COURT CASES


• Corresponds to the charges of violation of fundamental Right to freedom under the Preventive
Detention Act the court was approached over the validity of the act.
AK Gopalan Case,
• SC held that the constitutional validity of a law cannot be verified by the Judiciary and the Judiciary
1950
has only the capacity to verify whether the "procedure established by the law" has been
followed. (Article 21 of the Constitution)

• The case challenged the reservations given to backward classes in educational institutions in Tamil
Champakam
Nadu.
Dorairajan Case,
• SC overruled the caste-based reservation as unconstitutional citing right against discrimination as
1951
given in Article 15. (Led to the enactment of First Amendment Act)

Shankari Prasad • The first Constitution Amendment Act, providing for reservations, was challenged that it violated
Case, 1952 Fundamental rights. The court held that Parliament has power to amend the Constitution.

Berubari Case, • While ceding a part of Indian Territory to an alien state the court in an advisory opinion held that
1960 such process cannot take place unless a Constitution amendment to that effect is made.
• Court opined Preamble is not a part of the Constitution.

• One journalist Keshav Singh was held for contempt of legislature for making scathing criticism and
Keshav Singh often denigrating on a law passed. He was sentenced to jail.
Case, 1964 • SC held that the contempt power of Parliament to issue warrants against individuals must
comply with the due process requirements under Article 21.

Sajjan Singh Case, The case related to the validity of 17th Constitutional Amendment Act which provided for land
1965 acquisition contrary right to property. SC upheld that Fundamental Rights can be amended within the
purview of Article 368.

Golaknath Case,
SC while reversing the ruling made in Shankari Prasad and Sajjan Singh case held that
1967
constitutional amendment cannot be extended to infringement of Fundamental Rights.

For the first time the SC propounded the Basic Structure Doctrine and held that certain basic
Kesavananda
features of the Constitution cannot be amended while others can be done so without having a sweeping
Bharati Case, 1973
change in the Constitution.

Maneka Gandhi The SC overruled the AK Gopalan case and mooted the "due process of law" doctrine according to
Casa, 1978 which the procedure according to the law as well as the reasonableness and validity of the law can be
questioned by the Judiciary.

SC held that Fundamental Rights and Directive Principle of State Policy are complementary to
Minerva Mills
each other and if any law enacted to implement the Directive Principle not totally contravening the
Case, 1980
Fundamental Rights is valid.

Hussainara
Khatoon vs. State First reported case of PIL.
of Bihar

Shah Bano Case, SC held that Muslim women also have right to get maintenance from their husbands when they are
1985 divorced although such practice is not permitted under Muslim traditional laws.

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Unnikrishnan SC held that Right to Education also constitutes a Fundamental Rights as part of Right to life
Case, 1993 under Act 21.

Indira Sawhney SC upheld the 27% reservation made for OBCs in public employment but subjected to a cap of
Case, 1993 50% of reservations. SC also mooted the Creamy Layer concept to identify the well-off groups within
the backward classes.

Sarala Mudgal SC ruled that a man married under Hindu religious law cannot convert himself to Islam for the
Case, 1995 purpose of marrying other women.

SC held that federalism is a part of basic structure and State Governments cannot be arbitrarily
Bommai Case,
dismissed by a Governor and any such test of confidence of the Executive must be done on the floor of
1995
the Assembly.

TMA Pai Case,


SC held that the right to administer minority educational institution is not absolute and the, State
2002
can regulate the institutional affairs to educational standards.

lnamdhar Case, SC declared that the reservations for SCs/STs in private educational institutions null and void. To
2005 overcome this judgment, the Government passed 93rd Constitutional Amendment in private institutions.

IR Coelho Case,
SC ruled that the 9th Scheduled of the Constitution is subjected to judicial review.
2006

Ashok Kumar SC upheld the 93rd Constitutional Amendment Act providing for reservation for SC/STs OBCs in
Thakur Case, 2007 Central Universities as well as Private institutions but subject to a ceiling of 50% of total seats for
reservation.

Transgender as
'Third Gender'
SC created the Third Gender status.
2014 (NALSA
judgement)

National Judicial
Appointments SC by majority upheld the collegium system and struck down NJAC as unconstitutional.
Commission 2015

• SC unanimously held that Indians have a constitutionally protected fundamental right to


Puttaswamy
privacy that is an intrinsic part of life and liberty under Article 21
Judgement/Case,2
• Constitutional validity of Aadhar Act was upheld by the Supreme Court. However, it cannot be made
017
mandatory.

VISHAKHA
SC laid down guidelines for prevention of sexual harassment at workplace.
Judgement

ARUNA Passive Euthanasia was legally allowed and concept of living will was allowed. (Advanced Medical
SHANBAUG Directive).

►IMPORTANT PROVISIONS OF REPRESENTATION OF PEOPLES ACT


REPRESENTATION OF PEOPLES ACT, 1950 REPRESENTATION OF PEOPLES ACT, 1951
(i) Allocation of Seats in the House of People (Section 3) (i) Qualification – House of People; Legislative Assembly;
• Number of seats for Each States Council of States & Legislative Council
st
• Reserved Seats for SC/ ST (1 Schedule)
(ii) No. of Seats in Legislative Assemblies (Section 7) (ii) Disqualification – Members of Parliament and State
• No. of Seats to Each state Legislature.

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nd
• Reserved Seats for SC/ST (2 Schedule) • Examples: Section 8(1); Section 8(2); Section 8(3) of the Act
(iii) Allocation of seats in Legislative Council (Section 10) (iii) Power of Election Commission to reduce or remove
rd
• As provided in the 3 Schedule of the Act. disqualification by reason recorded in writing (Section 11)
(iv) Preparation and revision of Electoral rolls. (iv) Notification for General Election (Section 14)
• Before each general Election and Legislative • President may notify on the recommendation of Election
Assembly Election Commission.
• Before bye-election to fill casual vacancy • Notification for State Legislative Assembly (Section 15)
• Shall be revised in any year as directed by Election • Governor may notify on the recommendation of Election
Commission. Commission.
Registration of political parties is governed by the provisions of
29 A
(viii) Election Deposits (Section 34)
• Parliamentary Constituency – Rs. 25000 (General) and Rs.
12500 for SC/ ST.
• State Assembly Constituency – Rs. 10000 (General) and Rs.
5000 for SC/ST.
(v) Power of Election Commission for adjournment of Poll or
countermanding of Elections on the grounds of Booth
Capturing (Section 58A)
(vi) Right to Vote (Section 62)
• No person shall vote attorney general election in more
than one constituency of same class, if votes in more than
one constituency, his votes in all such constituency shall
be void.
(vii) Appeal on religious grounds (Section 123(3)
• Appeal on religious ground is a corrupt practice.
Prohibition of public meetings during period of forty-eight hours
ending with hour fixed for conclusion of poll
(Sec 126)
Return of forfeiture of candidate’s deposits
(Sec 158)

►INDEXES & REPORTS


INDEX (ORGANIZATION) ABOUT
Parameters:
Category 1: Outcomes
SCHOOL EDUCATION QUALITY • Learning outcomes
INDEX (SEQI) • Access outcomes
(NITI Aayog) • Infrastructure and facilities for outcomes
• Equity outcomes
Category 2: Governance processes aiding outcomes
The index documents the progress made by India’s States and Union Territories towards
achieving the 2030 SDG targets.
SDG INDIA INDEX
The SDG India Index has been developed in collaboration with the Ministry of Statistics and
(NITI Aayog)
Programme Implementation (MoSPI), the United Nations, and the Global Green Growth
Institute.
GOOD GOVERNANCE INDEX GGI takes into consideration ten sectors:

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(Ministry of Personnel, Public • Agriculture and Allied Sectors
Grievances & Pensions) • Commerce & Industries
• Human Resource Development
• Public Health
• Public Infrastructure & Utilities
• Economic Governance
• Social Welfare & Development
• Judicial & Public Security
• Environment and
• Citizen-Centric Governance
Five key dimensions
GLOBAL SOCIAL MOBILITY • Health;
INDEX • Education (access, quality and equity, lifelong learning);
• Technology;
(World Economic Forum) • Work (opportunities, wages, conditions);
• Protection and Institutions (social protection and inclusive institutions)
An independent assessment of government progress towards achieving UN Sustainable
Development Goal 8.7 - based on 102 indicators, organized in 28 indicators and 5 milestones:
1) Survivors are identified and supported to exit and remain out of modern slavery
MEASUREMENT, ACTION, 2) Criminal justice mechanisms function effectively to prevent modern slavery
FREEDOM 3) Coordination occurs at the national level and across borders, and governments are held
(Walk Free Foundation) to account for their response.
4) Risk factors, such as attitude, social systems, and institutions that enable modern slavery,
are addressed.
5) Government and business stop sourcing goods and services produced by forced labour.
It is based on 8 Parameters:
1. Mobility: Examines constraints on freedom of movement
2. Workplace: Analyses laws affecting women's decision to work
WOMEN BUSINESS AND LAW 3. Pay: Measures laws and regulations affecting women's pay
INDEX 2020 4. Marriage: Assesses legal constraints related to marriage
(World Bank) 5. Parenthood: Examines laws affecting women's work after having children
6. Entrepreneurship: Analyses constraints on women's starting and running businesses
7. Assets: Considers gender differences in property and inheritance
8. Pension: Assesses laws affecting the size of a woman's pension
Five Indicators of Democracy Index
1. Civil liberties: include freedom of the press, freedom to protest, unrestricted access to the
Internet, an independent judiciary, religious tolerance, equal treatment of all citizens and
basic security.
2. Political culture: refers to popular support for democracy, a strong tradition of separation
DEMOCRACY INDEX
of religion and State, etc.
(Economist Intelligence Unit)
3. Political participation: voter turnout, share of women parliamentarians, etc.
4. Governance: refers to influence of elected representatives in determining government
policy, supremacy of the legislature etc.
5. Electoral Pluralism: refers to free and fair elections, universal adult suffrage, equal
campaigning opportunities, etc.
GLOBAL MICROSCOPE FOR
FINANCIAL INCLUSION REPORT
(Economist Intelligence Unit)

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GLOBAL LIVEABILITY RANKING
(Economist Intelligence Unit)
TECHNOLOGICAL READINESS
RANKING
(Economist Intelligence Unit)
GLOBAL BROADBAND INDEX
(Economist Intelligence Unit)
WORLDWIDE COST OF LIVING
SURVEY
(Economist Intelligence Unit)
WORLD HAPPINESS REPORT
(United Nations Sustainable
Development Solutions
Network)
On lines of this NITI Ayog has released the India Innovation Index 2019. It is calculated as the
average of the scores of its two dimensions - Enablers and Performance. The Enablers are the
GLOBAL INNOVATION INDEX
factors that underpin innovative capacities, grouped in five pillars: (1) Human Capital, (2)
(Cornell University, INSEAD
Investment, (3) Knowledge Workers, (4) Business Environment, and (5) Safety and Legal
and WIPO)
Environment. The Performance dimension captures benefits that a nation derives from the
inputs, divided in two pillars: (6) Knowledge Output and (7) Knowledge Diffusion.
• The Henley Passport Index (HPI) is a global ranking of countries according to the travel
freedom for their citizen. The Index lists the world’s passports “according to the number of
HENLEY PASSPORT INDEX
destinations their holders can access without a prior visa”.
(HENLEY)
• Indian passport is closer to the bottom, ranked 84th in the world among 107 countries.
Japan has the world’s strongest passport.
CORRUPTION PERCEPTION • A country's score can range from zero to 100, with zero indicating high levels of corruption
INDEX and 100 indicating low levels.
(Transparency International) • It is published annually.
GLOBAL NUTRITION REPORT
• The report was conceived following the first Nutrition for Growth Initiative Summit (N4G)in
(Independent Expert Group
2013 as a mechanism for tracking the commitments made by government, aid donors, civil
of the Global Nutrition
society, the UN and businesses.
Report, supported by the
• It is an annual report.
Global Nutrition Report
• The World Health Organization (WHO) is a Global Nutrition Report Partner.
Stakeholder Group.)
Based on four indicators namely:
GLOBAL HUNGER INDEX
• Undernourishment
(Concern Worldwide
• Child stunting
and
• Child wasting
Welt Hunger Hilfe)
• Child mortality
• India's rank has slipped five places to 141 among 163 countries
• While Iceland remains the most peaceful country and Afghanistan the least peaceful
GLOBAL PEACE INDEX 2019 nation.
(Institute for Economics and • Using 23 qualitative and quantitative indicators from highly respected sources, and
Peace -IEP) measures the state of peace using three thematic domains: the level of Societal Safety and
Security; the extent of Ongoing Domestic and International Conflict; and the degree of
Militarisation.
• India has dropped two places on a global press freedom index to be ranked 140th out of
WORLD PRESS FREEDOM INDEX
180 countries in the annual Reporters Without Borders.
(REPORTERS WITHOUT
• Reporters Without Borders is careful to note that the index only deals with press freedom

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BORDERS -RSF) and does not measure the quality of journalism nor does it look at human rights violations
in general.
INDIA CORRUPTION SURVEY
2019
{TRANSPARENCY
INTERNATIONAL INDIA (TII)
AND LOCAL CIRCLES}

►IMPORTANT COMMITTEES
Kelkar Committee (2015) Assessing PPP in India and Tax Structure Reforms

Deepak Parekh Committee Financing Infrastructure through PPP model

Injeti Srinivas Committee Corporate Social Responsibility (CSR)

Punchhi Commission Centre – State relations

Sarkaria Commission Relationship and power balance between the Centre and States

Bimal Jalan Committee Decide the appropriate level of reserves that the RBI should hold

TSR Subramaniam K. National Education Policy

Kasturirangan Committee National Education Policy

Umesh Sinha Committee Revisiting the section 126 of the Representation of the People Act

Justice BN Srikrishna Report on data protection


Committee

Bibek Debroy Committee Railway restructuring

Xaxa Committee Tribal Communities of India

Dhebar Committee Status of PVTGs(Particularly Vulnerable Tribal Groups)

PJ Nayak Committee Evaluate governance of board of banks(Recommended formation of Banks Board


Bureau(BBB))

Ratan Watal Committee Digital Payments

Kasturirangan Committee + Ecologically Sensitive Area of Western Ghats


Gadgil Committee

AK Mathur Committee 7th Pay Commission

Dr. Anil kakodkar Committee High Level Safety Review for Indian Railways

Justice JS Verma Committee Amendments to the Criminal Law for quicker trial and enhanced punishment for sexual
assault of women

Bezbaruah Committee Look into concerns of people from North East living in other parts of India

Justice Rajinder Sachar Examine socio-economic and educational status of Muslim community

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SECTION 3
S

NSWER KEY
PRACTICE MCQ’S
Q1. Consider the following pairs: 2. Oriya was renamed as ‘Odia’ by the 96 th
1. Regulating Act first step taken by the British Amendment Act of 2011.
of 1773 - Parliament to control and 3. The 42nd Amendment Act of 1976 transferred five
regulate the affairs of the EIC subjects to Concurrent List from State List.
in India. Select the correct answer using the code given below:
2. Pitt’s India Act, - Board of Control was created (a) 2 only (b) 1 and 3 only
1784 and for commercial affairs, (c) 1 and 2 only (d) 1, 2 and 3
the Court of Directors was
appointed. Q6. Which of the following statements are correct
3. Government of - Abolition of provincial regarding the Fundamental Rights under Part III of
India Act, 1919 dyarchy and introduction of the Indian Constitution?
dyarchy at centre. 1. They operate as limitations only on the actions of
Which of the pairs given above is/are correctly matched? the executive and arbitrary laws of the legislature.
(a) 1 only (b) 1 and 2 only 2. They are meant for promoting the ideals of political,
(c) 2 and 3 only (d) 1, 2 and 3 social and economic democracy.
3. No law, that seeks to implement any Directive
Principles, shall be void on the ground of
Q2. Which of the following is the guardian of the
contravention of the Fundamental Rights conferred
Fundamental Rights of the Indian citizens?
by Article 14 or Article 19.
(a) Parliament (b) President
Select the correct answer using the code given below:
(c) Supreme Court (d) Constitution
(a) 1 and 2 only (b) 2 and 3 only
(c) 1 and 3 only (d) None of the above
Q3. Which of the following statements is/are correct
about preamble?
Q7. The Supreme Court has declared the following
1. It does not grant any power but it gives a direction
rights as part of Article 21:
purpose to the Constitution.
1. Right to information.
2. The word Socialist, Secular, and fraternity were
added by 42nd Constitutional Amendment. 2. Right to privacy.

3. It contains the enacting clause which brings the 3. Right against inhuman treatment.
constitution into force. Select the correct answer using the code given below:
Select the correct answer using the code given below: (a) 2 only (b) 1 and 3 only
(a) 2 only (b) 3 only (c) 1 and 2 only (d) 1, 2 and 3
(c) 1 and 3 only (d) 1, 2 and 3
Q8. Which of the following statements is/are incorrect
Q4. Which of the following statements is/are correct about Fundamental rights?
regarding the “Constituent Assembly” of India? 1. They are not absolute but qualified.
1. The elections to the Constituent Assembly was 2. All the fundamental rights are positive in character.
direct. 3. Parliament can curtail or repeal them but only by a
2. It ratified India's, membership of Commonwealth. constitutional amendment act and not by an
3. Dr BR Ambedkar was chairman of the the Drafting ordinary act.
and Steering Committee. Select the correct answer using the code given below:
Select the correct answer using the code given below: (a) 2 only (b) 1 and 2 only
(a) 2 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3
(c) 2 and 3 only (d) 1, 2 and 3
Q9. Consider the following pairs:
Q5. Which of the following statements is/are correct? SOURCE PROVISIONS
1. Tenth schedule was added by the 52 nd 1. British - Post of Vice President
Amendment Act of 1985.

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PRACTICE MCQ’S
Constitution
2. US Constitution - Parliamentary privileges Q13. Which of the following statements is/are incorrect?
and bicameralism. 1. Amendment of the Constitution can be initiated
3. Japanese - Procedure established only by the introduction of a bill for the purpose in
Constitution by Law. either House of Parliament.
2. The Constitutional Amendment bill can be
Which of the pairs given above is/are correctly matched?
introduced by a private member.
(a) 1 only (b) 3 only
3. The Constitutional Amendment bill require prior
(c) 2 and 3 only (d) 1, 2 and 3
permission of the president.
Select the correct answer using the code given below:
Q10. Consider the following statements:
(a) 3 only (b) 2 only
1. Right to property was deleted from the list of
(c) 1 and 3 only (d) 1, 2 and 3
Fundamental/legal Rights by the 44th Amendment
Act, 1978.
Q14. Which of the following can be amended by a simple
2. The 61st Constitutional Amendment Act, 1988,
majority of the two Houses of the parliament
lowered the voting age of elections to the Lok
outside the scope of Article 368?
Sabha and to the Legislative Assemblies of States
from 21 years to 18 years. 1. Union territories.

Which of the statements given above is/are correct? 2. Establishment of new state.

(a) 1 only (b) 2 only 3. Use of official language.

(c) Both 1 and 2 (d) Neither 1 nor 2 4. Supreme Court and high courts.
5. Citizenship—acquisition and termination.

Q11. Consider the following provisions of Article 15(6) 6. Abolition or creation of legislative councils in states.
which has been added by “The Constitution (103rd Select the correct answer using the code given below:
Amendment) Act, 2019”: (a) 1, 2 and 4 only (b) 2,3,4,5 and 6 only
1) Article 15 (6) permits the government to provide for (c) 1,2,3,5 and 6 only (d) 3, 4, 5 and 6 only
the advancement of “economically weaker
sections”. Q15. Which of the following statements is/are correct?
2) Up to 10% of seats may be reserved for 1. Equal protection of laws is a negative concept
“economically weaker sections”for admission in whereas Equality before law is a positive concept.
educational institutions, including private
2. Equal protection of laws is borrowed from the
educational institutions.
England whereas Equal protection of the laws owes
3) Such reservation will also apply to minority its origin to American Constitution.
educational institutions.
3. There are few exceptions to the principle of equality
Which of the statements given above is/are incorrect? before law.
(a) 2 only (b) 3 only Select the correct answer using the code given below:
(c) 2 and 3 only (d) 1, 2 and 3 (a) 1 only (b) 2 and 3 only
(c) 3 only (d) 1, 2 and 3
Q12. Which of the following provisions of the Indian
Constitution can be amended by simple majority of
Q16. Consider the following statements:
the two Houses of the Parliament?
1. The term cabinet has not been mentioned in the
1. Representation of States in the Parliament.
constitution of India
2. Creation of Legislative Councils
2. Council of Ministers cease to hold office after the
3. Conferment of more jurisdiction on the Supreme dissolution of Lok Sabha.
Court
3. A minister can only be removed from the office if a
Select the correct answer using the code given below: no - confidence motion is passed in the Lok Sabha.
(a) 1 and 2 only (b) 2 and 3 only Which of the statements is/are correct?
(c) 1 and 3 only (d) None of the above (a) 1 only (b) 1 and 2 only

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PRACTICE MCQ’S
(c) 2 and 3 only (d) None of the above 2. Parliament approves national emergency for a
period of 6 months at a time.
Q17. Consider the following pairs: 3. A proclamation of an emergency may be revoked
1. Starred Question - one which is not by the President at any time by a subsequent
called for oral answer in the House and on which proclamation. Such a proclamation does require
no supplementary questions can consequently be Parliamentary approval.
asked. Select the correct answer using the code given below:
2. Unstarred Question - one to which a (a) 2 only (b) 1 and 2 only
member desires an oral answer (c) 1 and 3 only (d) 1, 2 and 3
3. Short Notice Question - one which relates to
a matter of urgent public importance and can be Q21. Consider the following statements:
asked with shorter notice 1. U/A 358,In case of national emergency on external
Which of the pairs given above is/are correctly matched? grounds, fundamental right under Art. 19 is auto-
(a) 1 only (b) 3 only matically suspended.
(c) 2 and 3 only (d) 1, 2 and 3 2. U/A 359, President through separate proclamation
can suspend any fundamental right during national
Q18. Consider the following statements about “Censure emergency (whether on internal or external
motion”: grounds).

1. Censure motion should state the reasons for its Which of the statements given above is/are correct?
adoption in Lok Sabha. (a) 1 only (b) 2 only
2. It can be moved against an individual minister, (c) Both 1 and 2 (d) Neither 1 nor 2
group of ministers, or the entire Council of
Ministers. Q22. Which of the following is/are correct about the
3. If passed, the Council of Ministers need to grounds for imposition of the President's rule?
necessarily resign from office. 1. President can issue a proclamation only on the
Which of the statements given above is/are correct? basis of governor's report.
(a) 2 only (b) 1 and 2 only 2. Article 355 imposes a duty on the centre to ensure
(c) 1 and 3 only (d) 1, 2 and 3 that the government of every state is carried on in
accordance with the provisions of the constitution.

Q19. Consider the following pairs: Select the correct answer using the code given below:
(a) 1 only (b) 2 only
1. Policy cut - to bring about economy in the
motion expenditure of the Government of (c) Both 1 and 2 (d) Neither 1 nor 2
India.
2. Economy - to disapprove the policy underlying Q23. Which of the following DPSP’s were added by 42nd
cut motion the demand for funds. Amendment Act
1. Article 39A
3. Token cut - the amount of the demand be
motion reduced by Rs. 100 in order to 2. Article 43A
ventilate a specific grievance 3. Article 43B

Which of the pairs given above is/are incorrectly 4. Article 48A


matched? Select the correct answer using the code given below:
(a) 1 only (b) 1 and 2 only (a) 2 only (b) 1 and 3 only
(c) 2 and 3 only (d) 1, 2 and 3 (c) 1, 2 and 4 only (d) 1, 2 and 3

Q20. Which of the following statements is/are correct? Q24. Which of the following statements is/are correct
1. After the emergency proclamation has been issued regarding special power of the Speaker?
by President, Parliament is required to approve
emergency within a month by special majority

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PRACTICE MCQ’S
1. Speaker presides over joint sittings of both the 1. On the recommendation of Swaran Singh
houses of Parliament to resolve a deadlock over Committee, fundamental duties were incorporated
passage of ordinary or financial bill. under Art. 51A by 42nd Amendment Act, 1976.
2. Speaker certifies whether the bill is money bill or 2. The last fundamental duty under article 51A (k) was
not and his decision in this regard is final. introduced by 86th Amendment Act.
3. When the Lok Sabha is dissolved, all its members Which of the statements given above is/are correct?
lose their membership but speaker continues in (a) 1 only (b) 2 only
office till next Lok Sabha is constituted. (c) Both 1 and 2 (d) Neither 1 nor 2
Select the correct answer using the code given below:
(a) 1 only (b) 1 and 2 only Q29. Consider the following statements:
(c) 3 only (d) 1, 2 and 3 1. The Governor of a state shall act in accordance with
the aid and advise provided by the Council of
Q25. Consider the following statements: Ministers headed by the Chief Minister.
1. Leader of opposition in Lok Sabha enjoys a 2. If a bill is reserved by the governor for the
statutory status equal to that of a Cabinet minister. consideration of the President but is returned and
2. Salary received by Leader of opposition of council passed again by the Sate legislative assembly, then
of states and house of people has been provided it can receive assent from the Governor of the
through an Executive Order of the President. State.
Which of the statements given above is/are correct? Which of the statements given above is/are correct?
(a) 1 only (b) 2 only (a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2 (c) Both 1 and 2 (d) Neither 1 nor 2

Q26. The President is elected by the members of an Q30. Which of the following statements is/are correct?
electoral college made up of: 1. A transgender person is somebody “whose gender
1. The elected members of both Houses of does not match the gender assigned to that person
Parliament. at birth.”
2. The elected members of the Legislative Assemblies 2. A person will be recognized as transgender on the
of the States. basis of a certificate of identity issued by the Chief
3. Elected members of the Legislative Assemblies of Medical Officer.
the National Capital Territory of Delhi and the 3. A person recognised as transgender shall have a
Union Territory of Pondicherry right to self-perceived gender identity.
Select the correct answer using the code given below: Select the correct answer using the code given below:
(a) 2 only (b) 1 and 3 only (a) 1 only (b) 1 and 3 only
(c) 1 and 2 only (d) 1, 2 and 3 (c) 2 and 3 only (d) 1, 2 and 3

Q27. Which of the following statements is/are correct Q31. Consider the following statements regarding “The
about the estimates committee of the Parliament? consumer Protection Act,2019, which replaced the
1. It consists of members from the ruling party only. earlier act of 1986:

2. The demands for grants can only be voted upon 1. The new act sets up a “Central Consumer Protection
after the budget estimates have been examined by Authority” to promote, protect and enforce
this committee. consumer rights as a class.

Select the correct answer using the code given below: 2. The consumer rights includes, Right to Safety, Right
to be Informed, Right to be Choose, Right to be
(a) 1 only (b) 2 only
Heard, Right to Seek Redressal, Right to Consumer
(c) Both 1 and 2 (d) Neither 1 nor 2
Education.
Which of the statements given above is/are correct?
Q28. Consider the following statements:
(a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2

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2. The salaries, allowances and other terms and
Q32. Which of the following statements is/are not correct conditions of services of the Central and State CIC
about the Constitutional provisions about the and ICs will be determined by the Central
Panchayati Raj Institutions in India? government.
1. Chairperson of Panchayats at the Village level shall 3. The Union government will notify the term of office
be directly elected by people. for the CIC and ICs.
2. One third of the total seats all levels of Panchayats Select the correct answer using the code given below:
shall be reserved for the SC's and St's. (a) 2 only (b) 2 and 3 only
3. If a panchayat is dissolved at any time before the (c) 1 and 3 only (d) 1, 2 and 3
expiry of its duration of 5 years, fresh elections
shall be conducted. Q36. Consider the following statements:
Select the correct answer using the code given below: 1. The tenth schedule of the Constitution lays down
(a) 1 only (b) 1 and 3 only the process by which legislators can be disqualified
(c) 2 and 3 only (d) 1, 2 and 3 on grounds of defection by the presiding officer of
the legislature.
Q33. Which of the following statements is/are correct 2. A MLA is deemed to have been defected if he
regarding “Foreign Contribution Regulation Act” ? voluntarily gives up his membership of the party or
1. The Foreign Contribution (Regulation) Act, 2010 and If he disobeys party leadership on a vote
rules framed under it (the “FCRA” or “Act”) regulate Which of the statements given above is/are correct?
the receipt and usage of foreign contribution by (a) 1 only (b) 2 only
non-governmental organisations (“NGOs”) in India. (c) Both 1 and 2 (d) Neither 1 nor 2
2. Every member of an NGO must now, under oath,
through an affidavit, certify that they have never Q37. Which of the following statements is/are correct
been involved in “diverting” foreign funds where as regarding “Electoral Bonds”?
in previous rule the applicant or director-level
1. Electoral bonds may be purchased by a person who
person was to given this declaration.
is a citizen of India or an entity incorporated or
3. FCRA falls into the purview of the Finance Ministry. established in India.
Select the correct answer using the code given below: 2. State Bank of India (SBI) is the only authorised bank
(a) 2 only (b) 1 and 2 only to issue electoral bonds.
(c) 1 and 3 only (d) 1, 2 and 3 3. Those registered political parties that secured not
less than 1% of votes polled in former election of
Q34. Which of the following statements is/are correct Lok Sabha or legislative assembly will be eligible to
about the Supreme Court of India? receive electoral bonds.
1. The Supreme Court is empowered to issue writs for Select the correct answer using the code given below:
the enforcement of all rights guaranteed by the (a) 2 only (b) 1 and 3 only
constitution of India. (c) 1 and 2 only (d) 1, 2 and 3
2. Any suit brought before Supreme Court of India by
a citizen against the Center or a State falls under Q38. Consider the following statements:
the original Jurisdiction of the Court.
1. Supreme Court exercises Judicial review on laws
Select the correct answer using the code given below: and executive orders only When they stand in
(a) 1 only (b) 2 only contravention to the Fundamental Rights.
(c) Both 1 and 2 (d) Neither 1 nor 2 2. Ninth Schedule provides immunity to certain laws
from Judicial Review.
Q35. Which of the following statements is/are correct Which of the statements given above is/are correct?
regarding the RTI (Amendment) Act,2019? (a) 1 only (b) 2 only
1. The Chief Information Commissioner (CIC) (at the (c) Both 1 and 2 (d) Neither 1 nor 2
Central and state level) will hold office for a term of
5 years.

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Q39. Which of the following is called as “Master of (a) 1 only (b) 1 and 2 only
Roster”: (c) 2 and 3 only (d) 1, 2 and 3
(a) Attorney general (b) Chief Justice of India
(c) President (d) Advocate General Q44. Which of the following statements is/are correct
regarding “The protection of Human Rights
Q40. Consider the following statements: (Amendment) Act,2019 ?
1. "National Health Agency" has been dissolved and 1. The chairperson of the NHRC is a person who has
will be replaced by National Health Authority. been a Chief Justice of the Supreme Court or a
2. National Health Authority as an attached office to Judge of the Supreme Court.
Ministry of Health & Family Welfare. 2. The chairperson and members of the NHRC and
Which of the statements given above is/are correct? SHRC holds office for five years or till the age of
seventy years, whichever is earlier.
(a) 1 only (b) 2 only
3. Chairpersons of the NCBC, the National
(c) Both 1 and 2 (d) Neither 1 nor 2
Commission for the Protection of Child Rights, and
the Chief Commissioner for Persons with
Q41. Which of the following statements is/are correct Disabilities.,NCSC, NCST, and National Commission
regarding “Lok Adalat”? for Women are members of the NHRC.
1. The Legal services authority Act also lays down a Select the correct answer using the code given below:
framework for Lok Adalats.
(a) 1 and 3 only (b) 2 only
2. Lok Adalat shall have no jurisdiction in respect of
(c) 3 only (d) 1, 2 and 3
any case or matter relating to an offence
“compoundable” under any law.
Q45. Consider the following statements:
3. Every award made by a Lok Adalat shall be final and
binding on all the parties to the dispute, and no 1. Each Gram Nyayalaya is a court of Judicial
appeal shall lie to any court against the award. Magistrate of the first class and its presiding officer
(Nyayadhikari) is appointed by the State
Select the correct answer using the code given below:
Government in consultation with the High Court.
(a) 2 only (b) 1 and 3 only
2. A Grama Nyayalaya is a mobile court and exercises
(c) 2 and 3 only (d) 1, 2 and 3
the powers of both Criminal and Civil Courts.
Which of the statements given above is/are correct?
Q42. Consider the following statements:
(a) 1 only (b) 2 only
1. Special Protection Group (SPG) was raised in 1985
(c) Both 1 and 2 (d) Neither 1 nor 2
to provide security cover to the President, Prime
Minister, former Prime Ministers and their
immediate family members. Q46. Consider the following statements about the Indian
Parliament:
2. The SPG comprises of the personnel from CRPF,
Border Security Forces and other Central and State 1. The Indian parliament is a sovereign Body.
forces. 2. The parliamentary privileges have been
Which of the statements given above is/are correct? exhaustively codified by the parliament under a
statute.
(a) 1 only (b) 2 only
Which of the statements given above is/are correct?
(c) Both 1 and 2 (d) Neither 1 nor 2
(a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2
Q43. The word 'Democratic' in the Preamble to the
Indian Constitution signifies which type of
democracy? Q47. Which of the following statements is/are correct
1. Political democracy regarding POCSO (Amendment) Act?

2. Social democracy 1. If a person commits penetrative sexual assault on a


child below the age of 18 years, he will be
3. Economic democracy
punishable with imprisonment between 20 years to
Select the correct answer using the codes given below:
life, with a fine.

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2. It included “death penalty” for aggravated sexual 1. DMFs were instituted under the Mines and Minerals
assault on children. (Development and Regulation) (MMDR)
3. It added two more grounds to definition of Amendment Act 2015.
aggravated penetrative sexual assault, ie. assault 2. District Mineral Foundation (DMF) is a trust set up
resulting in death of child and assault committed as a non-profit body, in those districts affected by
during natural calamity. the mining works.
Select the correct answer using the code given below: Which of the statements given above is/are incorrect?
(a) 1 only (b) 2 and 3 only (a) 1 only (b) 2 only
(c) 1 and 3 only (d) 1, 2 and 3 (c) Both 1 and 2 (d) Neither 1 nor 2

Q48. Consider the following statements: Q52. Which of the following statements is/are correct
1. Unlawful Activities (Prevention) Amendment Act regarding National commission for Backward
empowers the government to designate individuals Classes (NCBC)?
as terrorists. 1. NCBC is a statutory body under the Ministry of
2. The act empowers the officers of the NIA, of the Social Justice and Empowerment.
rank of Inspector or above, to investigate cases. 2. The Commission consists of five members including
Which of the statements given above is/are correct? a Chairperson, Vice-Chairperson and three other
(a) 1 only (b) 2 only Members appointed by the President by warrant
under his hand and seal
(c) Both 1 and 2 (d) Neither 1 nor 2
3. It has all the powers of a civil court while trying a
suit.
Q49. The Parliament can legislate on any matter in the
Select the correct answer using the code given below:
State List, if the Rajya Sabha passes a resolution.
Which of the following statements is/are correct (a) 1 only (b) 2 and 3 only
about such a resolution passed by the Rajya Sabha? (c) 3 only (d) 1, 2 and 3
1. Such a resolution should be passed by a majority of
two thirds of the total membership of the House. Q53. Indian Parliament consists of which of the
2. Once a resolution is passed by the Rajya Sabha, the following?
State legislature cannot legislate on that matter. 1. President of India
Select the correct answer using the code given below: 2. Lok Sabha
(a) 1 only (b) 2 only 3. Rajya Sabha
(c) Both 1 and 2 (d) Neither 1 nor 2 Select the correct answer using the code given below:
(a) 1 only (b) 1 and 2 only
Q50. Which of the following statements is/are correct? (c) 2 and 3 only (d) 1,2 and 3
1. A whip is a written order that political party issue to
its members for being present for an important Q54. Consider the following statements:
vote, or that they vote only in a particular way 1. Article 233 and 234 of the constitution vested all
2. The office of ‘whip’is mentioned in the Rules of the powers of recruitment and appointment (Judicial
House. services of the state) with the State Public Service
3. Whip can not direct a Member of Palrliament or Commission and High Courts.
Member of Legislative Assembly on whom to vote 2. The Constitution of India was amended in 1977 to
in case of “Presidential Elections” provide for an All-India Judicial Services under
Select the correct answer using the code given below: Article 311.
(a) 2 only (b) 1 and 3 only Which of the statements given above is/are incorrect?
(c) 1 and 2 only (d) 1, 2 and 3 (a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2
Q51. Consider the following statements: Q55. Which of the following statements is/are correct?

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1. Supreme Court (Number of Judges) Act of 2019 has
added four judges to strength. It increased the Q59. Consider the following statements:
judicial strength from 31 to 34, including the CJI. 1. The constitution clearly specifies the procedure for
2. Constitution authorises the CJI to appoint other the selection and appointment of the prime
place or places as seat of the Supreme Court. He Minister of India.
can take decision in this regard only with the 2. The Union ministers hold the office during the
approval of the President. pleasure of the president.
3. The High Court for Telangana is the 25th High Court Which of the statements given above is/are correct?
in the country.
(a) 1 only (b) 2 only
Select the correct answer using the code given below:
(c) Both 1 and 2 (d) Neither 1 nor 2
(a) 2 only (b) 1 and 3 only
(c) 1 and 2 only (d) 1, 2 and 3
Q60. Consider the following pairs:
1. Absolute - withholding of assent to the bill
Q56. Consider the following statements:
veto passed by the legislature.
1. A law made by the Parliament during the operation
2. Qualified - which can be over ridden by the
of the President's Rule in a state is co-terminus with
veto legislature with an ordinary
the duration of the President's Rule
majority.
2. Statutory grants provided to the states under
Article 275 are charged expenditure on the 3. Suspensive - which can be overridden by the
consolidated Fund of India. veto legislature with a higher majority.

Which of the statements given above is/are correct? Which of the pairs given above is/are correctly matched?
(a) 1 only (b) 2 only (a) 1 only (b) 1 and 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2 (c) 2 and 3 only (d) 1, 2 and 3

Q57. Which of the following statements is/are correct Q61. Consider the following statements:
regarding National Population Register (NPR)? 1. Chief Election Commissioner cannot be removed
1. The National Population Register (NPR) updation from his office except in the same manner and on
exercise will be undertaken alongside Census 2021. the same grounds as a judge of the Supreme Court.
2. It will be conducted by the Office of the Registrar 2. Other election commissioner or a regional
General of India (RGI) under the Home Ministry. commissioner cannot be removed from office
3. The NPR will contain three elements of data: except on the recommendation of the chief election
Demographic Data, Biometric Data, and Aadhaar – commissioner.
UID Number. Which of the statements given above is/are correct?
Select the correct answer using the code given below: (a) 1 only (b) 2 only
(a) 2 only (b) 1 and 3 only (c) Both 1 and 2 (d) Neither 1 nor 2
(c) 1 and 2 only (d) 1, 2 and 3
Q62. Which of the following are “Executive Power” of the
Q58. Which of the following statements is/are correct? President?

1. Money bills can be introduced in the Parliament 1. He appoints the prime minister and the other
only with his prior recommendation of President. ministers, and they hold office during his pleasure.

2. President constitutes a finance commission after 2. He appoints the attorney general of India and
every four years determines his remuneration.

3. No demand for a grant can be made except on his 3. He can also summon a joint sitting of both the
recommendation. Houses of Parliament.

Select the correct answer using the code given below: Select the correct answer using the code given below:

(a) 1 only (b) 1 and 3 only (a) 2 only (b) 1 and 2 only

(c) 2 and 3 only (d) 1, 2 and 3 (c) 1 and 2 only (d) 1, 2 and 3

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1. No tax shall be levied or collected except by
Q63. Which of the following statements is/are correct authority of law
about the Parliamentary control over the council of 2. No person shall be deprived of his property save by
Ministers? authority of law
1. The Zero hour has been provided in the Rules of 3. The elections to the Lok Sabha and the State
Procedure of the Lok Sabha for the members to Legislative Assembly shall be on the basis of adult
raise matters related to the functioning of the suffrage
Government of India. Select the correct answer using the code given below:
2. Adjournment Motion can be introduced only in the (a) 2 only (b) 1 and 3 only
Lok Sabha. (c) 1 and 2 only (d) 1, 2 and 3
Select the correct answer using the code given below:
(a) 1 only (b) 2 only Q68. Consider the following statements:
(c) Both 1 and 2 (d) Neither 1 nor 2 1. Martial law affects only Fundamental Rights and not
centre-state relations and distribution of revenue.
Q64. Consider the following statements: 2. It has specific provisions in the constitution.
1. The Parliament (under Article 32) can empower any Which of the statements given above is/are correct?
other court to issue writs under article 32. (a) 1 only (b) 2 only
2. Writs are borrowed from English law where they (c) Both 1 and 2 (d) Neither 1 nor 2
are known as ‘prerogative writs’.
Which of the statements given above is/are correct?
Q69. Which of the following are “Union Executive” under
(a) 1 only (b) 2 only Part V of the Indian Constitution?
(c) Both 1 and 2 (d) Neither 1 nor 2 1. President
2. Vice-President
Q65. Which of the following DPSP is not based on 3. The Prime Minister
socialist principle?
4. Member of Parliaments
(a) To promote equal justice and to provide free legal
5. The Attorney General of India
aid to the poo
Select the correct answer using the code given below:
(b) To secure a minimum wage
(a) 1 only (b) 1, 2, 3 and 5 only
(c) To raise the level of nutrition and the standard of
(c) 2, 3 and 4 only (d) 1, 2 and 3
living of people
(d) To secure the right to work
Q70. Which of the following statements is/are correct
about the State legislatures?
Q66. Which of the statements given below is/are correct
1. A deadlock takes place when legislative assembly
about the Ordinance making powers of the
after receiving a bill passed by the legislative
President?
council, rejects the bill.
1. President can promulgate ordinance only when the
2. In case of deadlock the governor can Summon a
Lok Sabha is not in session.
joint sitting of both the houses of state legislatures.
2. The president's satisfaction with regards to the
3. The maximum strength of the legislative council is
promulgation of ordinance cannot be subjected to
fixed at one-third of the total strength of the
Judicial Review.
legislative Assembly
Select the correct answer using the code given below:
4. A resolution for the creation of Legislative council
(a) 1 only (b) 2 only
must be passes by a state assembly by a majority of
(c) Both 1 and 2 (d) Neither 1 nor 2 total membership of the assembly and a majority of
not less than two - thirds of the members of the
Q67. Which of the following Fundamental Rights are not assembly present and voting.
contained in part III of the constitution? Select the correct answer using the code given below:
(a) 1 and 2 (b) 3 only

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(c) 3 and 4 only (d) 1, 3 and 4 (a) 1 only (b) 1 and 2 only
(c) 1, 2 and 3 (d) 1, 2, 3 and 4
Q71. Consider the following statements:
1. President can promulgate an ordinance when only Q75. Which of the following statements is/are correct?
one House is in session. 1. Adjournment only terminates a sitting and not a
2. President can issue an ordinance on those subjects session of the House.
on which the Parliament and states can make laws. 2. Prorogation not only terminates a sitting but also a
Which of the statements given above is/are correct? session of the House.
(a) 1 only (b) 2 only 3. Prorogation is done by the president of India.
(c) Both 1 and 2 (d) Neither 1 nor 2 Select the correct answer using the code given below:
(a) 1 only (b) 2 only
Q72. Consider the following pairs: (c) 1 and 3 only (d) 1, 2 and 3
1. Commutation - denotes the substitution of one
form of punishment for a lighter Q76. Which of the following statement is/are correct
form about the provisions related to Tribal in the
2. Remission - It implies reducing the period of Constitution of India?
sentence without changing its 1. Fifth Schedule areas do not include any state from
character the North Eastern part of India.

3. Respite - denotes awarding a lesser 2. All North Eastern states are included under the
sentence in place of one Sixth Schedule of the constitution.
originally awarded due to some Select the correct answer using the code given below:
special fact, such as the physical (a) 1 only (b) 2 only
disability (c) Both 1 and 2 (d) Neither 1 nor 2
Which of the pairs given above is/are incorrectly
matched? Q77. Which of the following are Constitutional bodies ?
(a) 1 only (b) 1 and 2 only 1. National Commission for Women
(c) 2 and 3 only (d) 1, 2 and 3 2. Election Commission
3. National Commissions for SC’s and ST’s
Q73. Which of the following statements is/are correct 4. Comptroller and Auditor General of India
regarding “Vice President? Select the correct answer using the code given below:
1. Electoral College for his election consists of only (a) 2 only (b) 1 and 3 only
elected members of the Parliament.
(c) 2, 3 and 4 only (d) 1, 2, 3 and 4
2. To be eligible for election as Vice-President, a
person should have completed 30 years of age.
Q78. Consider the following statements:
3. He should not be a member of either House of
1. The total number of ministers, including the Prime
Parliament or a House of the state legislature.
Minister, in the Council of Ministers shall not
Select the correct answer using the code given below:
exceed 15% of the total strength of the Lok Sabha.
(a) 1 and 2 only (b) 3 only
2. A Member of Parliament belonging to any political
(c) 2 and 3 only (d) 1, 2 and 3 party who is disqualified on the ground of defection
shall also be disqualified to be appointed as a
Q74. Prime Minister is the Chairman of which of the minister.
following? Which of the statements given above is/are correct?
1. National Development Council (a) 1 only (b) 2 only
2. National Integration Council (c) Both 1 and 2 (d) Neither 1 nor 2
3. Inter State Council
4. National Water Resource Council

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Q79. Which of the following statements is/are correct 1. The Constitution has declared Hindi and English to
regarding “Council of ministers “? be the languages for transacting business in the
1. It is a constitutional body. Parliament.
2. Its functions are determined by the cabinet. 2. Development of the Hindi Language shall be the
3. It is collectively responsible to the Lower House of duty of the Union to promote the spread of the
the Parliament. Hindi language and to develop it.

Select the correct answer using the code given below: Which of the statements given above is/are correct?

(a) 1 only (b) 1 and 2 only (a) 1 only (b) 2 only

(c) 3 only (d) 1, 2 and 3 (c) Both 1 and 2 (d) Neither 1 nor 2

Q80. Consider the following statements: Q84. Consider the following statements:

1. As per the the 88th Amendment act, the 1. A minister can participate in the proceedings of a
constituency boundaries are frozen till the first House, of which he is not a member.
census after 2026. 2. A minister, who is not a member of either House,
2. The 87th Amendment Act of 2003 provided for the can participate in the proceedings of both the
delimitation of constituencies on the basis of 2001 Houses.
census and not 1991 census. Which of the statements given above is/are correct?
Which of the statements given above is/are correct? (a) 1 only (b) 2 only
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
(c) Both 1 and 2 (d) Neither 1 nor 2
Q85. Under the Indian Constitution, which of the
Q81. Which of the following can be said to be following can be the ground(s) of disqualification
qualifications for Member of Parliament? for being elected as Member of Parliament?

1. He should be citizen of India. 1. If he is of unsound mind and stands so declared by


a court.
2. He has completed 25 years of age in case of Rajya
Sabha and 30 years in case of Lok Sabha. 2. If he is an undercharged insolvent.

3. Any of the qualifications given under 3. He must not have been dismissed from
Representation of People Act 1951. government service for corruption or disloyalty to
the State.
Select the correct answer using the code given below:
Select the correct answer using the code given below:
(a) 1 only (b) 1 and 3 only
(a) 2 only (b) 1 and 3 only
(c) 2 and 3 only (d) 1, 2 and 3
(c) 3 only (d) 1, 2 and 3

Q82. Which of the following is/are compulsory Provisions


under the 73rd and 74th constitutional Amendment Q86. Consider the following statements:
act 1992? 1. Introduction of “Public Bill” in the house requires 7
1. Direct elections to the post of Chairperson at the days’ notice and “Private Bill” requires 14 days’
intermediate and district levels notice.

2. Every state shall constitute at the district level, a 2. ”Public bill” rejection may lead to resignation of the
district planning committee government whereas rejection of “Private Bill” has
no implication on resignation of government.
3. The provisions of these acts shall not be applicable
to 5th and 6th schedule areas. Which of the statements given above is/are incorrect?

Select the correct answer using the code given below: (a) 1 only (b) 2 only

(a) 1 only (b) 1 and 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

(c) 2 and 3 only (d) 1, 2 and 3


Q87. Consider the following statements:

Q83. Consider the following statements: 1. Cabinet Committees are constitutional.

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2. They are set up by Prime Minister according to the 2. Ordinary bill can be introduced by Private member.
exigencies of the time and requirements of the 3. Money bill can be introduced only by a minister.
situation. Further it can be introduced only on the
Which of the statements given above is/are incorrect? recommendation of the President.
(a) 1 only (b) 2 only Select the correct answer using the code given below:
(c) Both 1 and 2 (d) Neither 1 nor 2 (a) 1 only (b) 2 and 3 only
(c) 3 only (d) 1, 2 and 3
Q88. Consider the following pairs:
1. Article 371A - Nagaland Q92. Consider the following statements:

2. Article 371G - Sikkim 1. The term ‘budget’ has nowhere been used in the
Constitution.
3. Article 371F - Mizoram
2. The Railway Budget was separated from the
Which of the pairs given above is/are correctly matched? General Budget in 1921 on the recommendations
(a) 1 only (b) 2 only of the Acworth Committee.But in 2016, the
(c) 2 and 3 only (d) 1, 2 and 3 Government decided to merge the railway budget
into the general budget.
Q89. Which of the following statements is/are correct? Which of the statements given above is/are correct?
1. If a person is elected to both the Houses of (a) 1 only (b) 2 only
Parliament, he must intimate within 14 days in (c) Both 1 and 2 (d) Neither 1 nor 2
which House he desires to serve.
2. If a sitting member of one House is also elected to Q93. Which of the following are the expenditure
the other House, his seat in the first House “charged” upon the Consolidated Fund of India”?
becomes vacant. 1. Salaries, allowances and pensions of the judges of
3. If a person is elected to two seats in a House, he the Supreme Court.
should exercise his option for one. Otherwise, both 2. Salaries and Pensions of the judges of high courts.
seats become vacant.
3. Salary, allowances and pension of the Comptroller
Select the correct answer using the code given below: and Auditor General of India.
(a) 1 only (b) 2 and 3 only 4. Salary and pension of the chairman and members
(c) 3 only (d) 1, 2 and 3 of the Union Public Service Commission.
Select the correct answer using the code given below :
Q90. Consider the following provisions under the (a) 1 and 3 only (b) 2 and 4 only
Directive Principles of State Policy, as enshrined in (c) 1,3 and 4 only (d) 1,2,3, and 4
the Indian Constitution:
1. Opportunities for healthy development of children.
Q94. Which of the following Directive Principles of State
2. To promote international peace and security. Policy was added by the 44th Constitutional
3. To organize village panchayats. Amendment Act?
4. To raise the level of nutrition and the standard of (a) To secure opportunities for healthy development of
living of the people. children.
Which of the above are the socialistic principles that are (b) To take steps to secure the participation of workers
reflected in the Directive Principles of State Policy? in the management of industries.
(a) 1, 3 and 4 only (b) 3 and 4 only (c) To minimise inequalities in income, status, facilities
(c) 1 and 4 only (d) 1, 2, 3 and 4 and opportunities.
(d) To protect and improve the environment and to
Q91. Which of the following statements is/are correct? safeguard forests and wild life.
1. Ordinary bill can be introduced either in the Lok
Sabha or the Rajya Sabha without the Q95. Consider the following pairs:
recommendation of the president. 1. Vote of - is taken whereby a government gets

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PRACTICE MCQ’S
Credit parliamentary approval to run the (c) Both 1 and 2 (d) Neither 1 nor 2
government for a few months, using
funds drawn from the Consolidated Q98. Which of the following statements is/are correct
Fund of India. regarding “Public Accounts Committee”?
2. Excess - is granted when money has been 1. This committee was set up first in 1921 under the
Grant spent on any service during a provisions of the Government of India Act of 1919
financial year in excess of the and has since been in existence.
amount granted for that service in 2. It consists of 22 members (15 from the Lok Sabha
the budget for that year. and 7 from the Rajya Sabha). A minister can be
3. Vote-on- - is granted for meeting an elected as a member of the committee.
account unexpected demand upon the 3. Its members are elected by the Parliament.
resources of India, due to the Select the correct answer using the code given below:
magnitude or the indefinite
(a) 2 only (b) 1 and 3 only
character of the service, the demand
(c) 1 and 2 only (d) 1, 2 and 3
cannot be stated with the details
ordinarily given in a budget.
Q99. Consider the following statements:
Which of the pairs given above is/are correctly matched?
1. Rajya Sabha can authorise the Parliament to create
(a) 1 only (b) 2 only
new All-India Services common to both the Centre
(c) 2 and 3 only (d) 1, 2 and 3
and states.
2. Rajya Sabha can authorise the Parliament to make
Q96. In which of the following matters ,the powers and a law on a subject enumerated in the State List
status of the Rajya Sabha are equal to that of Lok under Article 249.
Sabha
Which of the statements given above is/are correct?
1. Introduction and passage of Constitutional
(a) 1 only (b) 2 only
amendment bills.
(c) Both 1 and 2 (d) Neither 1 nor 2
2. Election and impeachment of the President.
3. Introduction and passage of ordinary bills.
Q100. Which of the following statements is/are correct
4. Approval of ordinances issued by the President.
regarding “Finance Commission”?
Select the correct answer using the code given below:
1. Chairman and four members of Finance
(a) 1 only (b) 2 only Commission holds office for such period as
(c) 3 and 4 only (d) 1, 2, 3 and 4 specified by the President in his order.
2. The chairman should be a person having
Q97. Which of the following statements is/are correct experience in public affairs
about the Fundamental Duties as enshrined in the 3. Finance Commission is required to make
Indian Constitution? recommendations to the president of India on
1. The Parliament is bound to enforce these duties by distribution of the net proceeds of taxes to be
suitable legislations. shared between the Centre and the states.
2. They help the Courts in examining and determining Select the correct answer using the code given below:
the constitutional validity of a law. (a) 2 only (b) 1 and 3 only
Select the correct answer using the code given below: (c) 1 and 2 only (d) 1, 2 and 3
(a) 1 only (b) 2 only

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ANSWER KEY
ANSWER KEY
1. b 23. c 45. c 67. d 89. b

2. c 24. d 46. d 68. a 90. c

3. b 25. a 47. b 69. b 91. b

4. a 26. d 48. c 70. c 92. c

5. d 27. d 49. d 71. a 93. c

6. d 28. c 50. b 72. b 94. c

7. d 29. d 51. d 73. b 95. b

8. a 30. b 52. b 74. d 96. d

9. b 31. c 53. d 75. d 97. b

10. b 32. d 54. b 76. a 98. b

11. b 33. b 55. d 77. c 99. c

12. b 34. d 56. b 78. c 100. d

13. a 35. b 57. d 79. d

14. c 36. c 58. b 80. b

15. b 37. d 59. b 81. b

16. d 38. b 60. a 82. c

17. b 39. b 61. c 83. c

18. b 40. c 62. b 84. c

19. b 41. b 63. b 85. c

20. b 42. b 64. c 86. a

21. a 43. d 65. b 87. a

22. b 44. a 66. d 88. a

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