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TABLE

T OF
F CONTE
ENTS

TA
ABLE OF CONT
TENTS

THEME I IND
DIAN CON
NSTITUTIO
ON 2 11 CHRI re
eveals poor state of jails

1 Election Museum EME IV CEN


THE NTRE-STA
ATE RELAT
TIONS 39
2 Strong criticism of go overnmentt is not
defam
matory or seditiouss as per Supreme 12 Demand for sp pecial cate
egory sta
atus by
Courtt Andhra Pradesh
3 Equal Pay for Eq
qual Work
4 Delhi High Court verdict on the status of EME V GOV
THE VT. POLIC
CIES AND DEVELOP
PMENT
Delhi Governme
ent
PRO
OCESSES 42

THEME II FU
UNCTIONIING OF PARLIAME
P ENT AND 13 Singur Land Issue
e
STATE LEG
GISLATURE
E 12 14 Competitive B
Bidding through Swiss
Challen
nge Method
5 Role of Govern nor in Arun
nachal Pradesh and 15 Right to
o safe wate
er
its intterpretation by Supre
eme Courtt
16 Cauveryy Water Diispute
6 Smaller parties and Inde ependents in Rajya
17 Supremme Court viiew on Suttlej Yamun
na Canal
a unite for more talkk time
Sabha
(SYL)
7 Moto ment) Bill, 2016
or Vehicles (Amendm
18 Census data on litteracy
8 Citize
enship (Am
mendment) Bill, 2016
19 Regulattion of don
nations byy Foreign NGOs
N
9 Transgender Pe
ersons (Prrotection of
o Rights)
20 Pradhan
n Mantrii Kaushal Vikas Yojana
Bill, 2016
(PMKVYY)

THEME III JU
UDICIARY 32
EME VI GOV
THE VERNANC
CE 58

10 o Executivve in Judiciial Appointments


Role of
21 Seventh
h Pay Com
mmission

Practise Question
Q ns have been
be proviided at thhe end off every les
esson/ top pic. Questtions havee been
framed to
t highlig
ght those artcicles, aspetcs of
o the new
ews and reelated dim mensions which we want
you to develop
de claarity on. Answers
A are
a given at
a the lastt page of this issuee.

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OURNAL CSE
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THEME ONE| IN
NDIAN C
CONSTITU
UTION

THEME 1

IND
DIAN CO
ONSTITUTION

1.
1 ELEC
CTION M
MUSEUM
M
# Indiian Constittution
Why
W is this topic importtant for the
e exam?
• Electio
ons are the e vital part of the dem
mocracy. Ellections sym
mbolise power of the people givven in the form of
univerrsal adult su
uffrage.
• eflected in the form of governmen
It is re nt by the pe
eople.
• It is th
hus importa i empowering the pe
ant to highlight the ricch legacy off elections in eople and sttrengthenin
ng of the
democracy in the e country sin
nce independence.

What
W is the current
c context?
• d museum that chronicles the co
A firstt-of-its-kind ountry's hisstorical elecctoral journ
ney with arttefacts, doccuments,
photoographs and d film exhibits drawn
n from rare
e archives was throw wn open to o the public. This mu useum is
christe
ened as 'A JJourney thro
ough Elections'.
• Visitorrs will also be able to
o see an arrchival docu
umentary “T
The Great Experimentt” chroniclin
ng the firstt general
electio
ons in the country.
• A sepaarate sectio
on presentss the transfo
ormation frrom ballot boxes
b to th Machines and Voter-
he Electronic Voting M
Verifia
able Paper A
Audit Trail (VVPAT).
(

Core: Points to focus


• Univerrsal Adult S
Suffrage
a)) The Article 326 o of the Indian
n Constitution grants universal ad dult suffragge, accordinng to which, every adult citizen
is entitled to castt his/her votte in all statte electionss unless that citizen is “convicted
“ o certain criminal offe
of ences” or
“deemmed unsoun nd of mind.”” As per thiis concept, the right to o vote is no ot restricted by caste, rrace, sex, re
eligion or
financcial status.
b) It wass in 1928 wwhen Dr B.R R. Ambedka ar appeared d before thee Simon Co ommission and insiste ed on incorrporating
univerrsal adult franchise in the
t Constitu dia. According to him, elections were
ution of Ind w “a weappon in the hands of
the most oppresssed sectionss of societyy” and voting rights will give them
m the politico
o-legal equ
uality.
c)) Later, the Indian National Co ongress called for polittical equalitty at the 19
931 Karachi session. Th he party argued that
it wouuld be one of the cru ucial strides towards making
m the electoral process
p mo
ore participa atory and inclusive.
There were doub bts in the minds
m on makers and the isssue of adultt franchise was debate
of our constitutio ed in the
Constituent Asse embly by many
m senior leaders beefore it abolished all th he previouss restriction
ns and provvided for
univerrsal adult su
uffrage.

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OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME ONE| INDIAN CONSTITUTION

• Article 324 to 329 of the Indian Constitution deals with elections.


a) Article 324 deals with Superintendence, direction and control of elections to be vested in an Election
Commission.
b) Article 325 provides for one general electoral roll for every territorial constituency for election to either House of
Parliament or to the House or either House of the Legislature of a State and no discrimination shall be made on
grounds of religion, race, caste, sex or any of them for inclusion in general electoral roll.
c) Under Article 329, validity of any law relating to the delimitation of constituencies or the allotment of seats to
such constituencies shall not be called in question in any court.

• The Election Commission of India


a) It is an autonomous constitutional authority responsible for administering election processes in India.
b) The body administers elections to the Lok Sabha, Rajya Sabha, state legislatures, and the offices of the President
and Vice President in the country.
c) The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted
Representation of the People Act, 1951.
d) The Commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws
make insufficient provisions to deal with a given situation in the conduct of an election.

Concepts: Points to focus


• Voter-verified paper audit trail (VVPAT)
a) Voter-verified paper audit trail (VVPAT) is a method of providing feedback to voters using a ballot less voting
system.
b) VVPAT is intended as an independent verification system for electronic voting machines that allows voters to
verify that their votes are cast as intended and can serve as an additional barrier to changing or destroying votes.
c) Under VVPAT, a printer-like apparatus is linked to Electronic Voting Machine (EVM). When a vote is cast, a receipt
is generated showing the serial number, name and symbol of the candidate. It confirms the vote and the voter
can verify the details.
d) The receipt, once viewed, goes inside a container linked to the EVM and can only be accessed by the election
officers in rarest of rare cases.
e) The system allows a voter to challenge his or her vote on basis of the paper receipt for the first time. As per a
new rule, the booth presiding officer will have to record the dissent of the voter, which would have to be taken
into account at time of counting.

• Indelible ink
a) The indelible ink used during elections was first designed by Council of Scientific and Industrial Research (CSIR),
and then given to the Mysore Paints and Varnish in 1962.
b) Indelible ink used in elections is a solution of Silver Nitrate which stains the skin on exposure to ultraviolet light
leaving a mark on the skin which is very difficult to remove.
c) When the silver nitrate solution is put on the skin, it reacts with the salt present on our skin to form silver
chloride which is not soluble in water and hence cannot be easily washed or removed.

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THEME ONE| IN
NDIAN C
CONSTITU
UTION

PracticeQuesstions
Q1.
Q Which
h among the
e following articles me
entions about Universa
al Adult Sufffrage?
a)) Article
e 325
b) Article
e 326
c)) Article
e 328
d) Article
e 329

Q2.
Q Which
h among the followin ng Indian National
N Coongress se essions wass importantt in empha
asising on political
equaliity by makin
ng the electtoral processs more parrticipatory and
a inclusivve?
a)) 1924, Belgaum se
ession
b) 1928, Calcutta se
ession
c)) 1929, Lahore sesssion
d) 1931, Karachi sesssion

Q3.
Q Indelib
ble ink, used
d in the ele
ections, is a solution of
a)) Silver Nitrate
b) Silver Chloride
c)) Silver Iodide
d) Potasssium Iodide
e

2.
2 STRO
ONG CRRITICISM OF GOV
VERNME
ENT IS NOT
N DEFFAMATO
ORY OR S
SEDITIOUS AS
PER SUPREM
ME COUR RT
# Fun
ndamental Rights
Why
W is this topic importtant for the
e exam?
• The crriticism of th
he governm
ment actionss and policiies form the
e basis for strengthenin
s ng of demo
ocracy.
• To faccilitate this, freedom off speech pla
ays an impo
ortant part as es space for constructive criticism
a it provide m.
• On this, the Supreme Courtt has create ed a fine wedge
w betw
ween criticissm of the government
g t and sedittion. Any
criticissm of the g
governmentt cannot am mount to seedition as criticizing th
he policies or
o administtrative failurre of the
government com mes within th undamental right of fre
he fold of fu eedom of speech and expression..
• Also, UPSC
U has sttressed on the
t importa
ance of this topic by asskingsuch questions
q prreviously, fo
or e.g.

Q Consid
der the follo
owing state
ements: (# Pre-2014)
P
A Constitutional G
Governmen
nt is one wh
hich:
1. placess effective re o individu
estrictions on ual liberty in the interesst of State Authority
A
2. placess effective re o the Auth
estrictions on hority of thee State in th
he interest of
o individua
al liberty
Which
h of the statements given above iss/are correcct?
(a
a) 1 onlyy

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OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME ONE| INDIAN CONSTITUTION

(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring
that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial
activism in achieving the ideals of democracy.(#Mains-2014)

Q With greater power comes greater responsibility(#Essay-2014)

What is the current context?


• The Supreme Court held that “making a strong criticism of the government” is not even defamatory, let alone
seditious.
• The court also directed all authorities, including police and trial judges, to follow its Constitution Bench ruling
which stated that only incitement to violenceand public disorder could form the basis of a sedition charge under
Indian Penal Code.

Core& Concepts: Points to focus


• Article 19(1)(a)of Indian Constitution provides protection of certain rights regarding freedom of speech. All
citizens shall have the right to freedom of speech and expression.
• Section 124A of Indian Penal Code, 1860 defines Sedition as “Whoever, by words, either spoken or written, or by
signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites
or attempts to excite disaffection towards the Government established by law in India shall be punished for
imprisonment for life. The expression “disaffection” includes disloyalty and all feelings of enmity.”
• Difference between freedom of speech and defamation or sedition
In KedarNath Singh vs State of Bihar,1962, a Constitution Bench had ruled in favour of the constitutional validity
of Section 124A (sedition) in the IPC, but said that a person could be prosecuted for sedition only if his acts
caused “incitement to violence or intention or tendency to create public disorder or cause disturbance of public
peace”. Unless an act of a person does not incite violence or disturb public order cannot be booked under the
dangerous section of sedition.
• Section 499 of Indian Penal Code, 1860 defines defamation as “Whoever, by words either spoken or intended to
be read, or by signs or by visible representations, makes or publishes any imputation concerning any person
intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such
person, is said to defame that person.”
• Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration
by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an
offence of sedition.

Practice Questions
Q4. Which of the following cases deals with the constitutional validity of Section 124A (sedition) in the IPC?
a) Harish Uppal vs. Union of India
b) Anil Rai vs. State of Bihar
c) Kedarnath Singh vs. State of Bihar

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THEME ONE| IN
NDIAN C
CONSTITU
UTION

d) S. Chin
nnappa vs. State of Tam
mil Nadu

Q5.
Q Which
h of the follo
owing state
ements is/arre correct?
1. Article
e 19(1) a of Indian Constitution prrovides prottection of certain rightts regarding
g freedom o
of speech.
2. Intention to harm wing or havving reason to believe that such action will harm, the reputation of such
m, or know
personn is termed as defamattion.
Choosse the corre
ect code
a)) 1 onlyy
b) 2 onlyy
c)) Both 1 and 2
d) None of the abovve

3.
3 EQU
UAL PAY FOR EQUAL WO
ORK
# Dire
ective Principles of State Policyy
Why
W is this topic importtant for the
e exam?
• Equal pay for equal work is a very big issue with respect to compensattion and be
enefits given to a “perrmanent”
and a “contract w
worker”.
• While the unorga anised and the private
e sectors are notoriou
us for floutiing the prin
nciple of na
atural justicce in the
matter of equal pay for equal work viis-à-vis perrmanent and contract worker. Su uch violations have farr greater
ramificcations wheen governm
ment deparrtments optt for such employmen nt on a largge scale, ostensibly too reduce
their financial
f burden.
• n by UPSC is reflected in the nature of questiions asked in
Imporrtance given i previous years, for e
e.g.

Q on of India, promotion of international peace


In the Constitutio e and securiity is included in the (#
# Pre-2014)
(a
a) Pream
mble to the C
Constitution
(b
b) Directtive Principles of State Policy
(cc) Funda
amental Dutties
(d
d) Ninth Schedule
Q The id
deal of Welffare State’ in
n the Indian
n Constitution is enshrined in its (#
#Pre-2015)
(a
a) Pream
mble
(b
b) Directtive Principles of State Policy
(cc) amental Rights
Funda
(d
d) Seventh Schedule
e
Q Discusss the possiible factors that inhibitt India from
m enacting for
f its citize
ens a uniform civil code
e as provided for in
the Directive Prin
nciples of Sttate Policy. (#Main-201 15)

What
W is the current
c context?
• In a significant ve
erdict, The Supreme
S Court, in Stat
ate of Punjaab vs. Jagjit Singh, upho
olds the priinciple of equal pay
for equal work irrrespective of
o whether one
o is a “pe ermanent” or o a “contra act” employee.

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OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME ONE| INDIAN CONSTITUTION

Core: Points to focus


• The principle of "equal pay for equal work" is not expressly declared by our constitution to be a fundamental
right, but it certainly is a constitutional goal.
• For this, the Parliament enacted the Equal Remuneration Act, 1976 to implement Article 39 (d) of the
Constitution. The Act provides for payment of equal remuneration to men and women workers for the same
work, or work of similar nature and for the prevention of discrimination on grounds of sex.
• The Act also ensures that there will be no discrimination against recruitment of women and provides for setting
up of advisory committees to promote employment opportunities for women. Non-observance of the Act by
government contractors has been held to raise questions under Article 14. Besides the principle of gender
equality in the matter specifically embodied in Article 39 (d), the Supreme Court extracted the general principle
of equal pay for equal work by reading Articles 14, 16 and 39 (d).

Fundamental Rights (F.R.) and Directive principle of State Policy (D.P.S.P.)


The fundamental rights and the directive principles have a common origin but are differentiated on grounds of
justifiable and non-justifiable rights respectively. The non-justifiable rights, categorized so keeping in mind that
the state may not have resources to implement them,are directive principles to the state without any guarantee
to be enforced via court. So, while fundamental rights are enforceable in court, DPSPs are not enforceable in
court.
Basically, the idea is that the “state” should keep these DPSPs in mind while framing laws, policies, ordinances
etc.They are basically a code of conduct for the legislature and administrators of the country.
Most of the DPSPs reflect the ideology of socialism and welfare state. Some directive principles are as follows:
• The directive principle under Article 38 of the constitution directs the state to secure a social order with
economic, political and social justice for the promotion and welfare of the people.
• Article 39directs state to strive to provide adequate means of livelihood, equal pay for equal work, resource
distribution, safety of citizens and healthy development of children.
• The directive principle under Article 39(d) of the constitution proclaim "equal pay for equal work" for both men
and women means equal pay for equal work for every one and as between the sexes. Directive Principles have to
be read into the fundamental rights as a matter of interpretation.
• Article 14 enjoins the state not to deny to any person equality before the law or the equal protection of laws and
Article 16 declares that there shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the state.
• In Randhir Singh vs. Union of India, the Supreme Court held that the principle of "equal pay for equal work"
though not a fundamental right is certainly a constitutional goal and, therefore, capable of enforcement through
constitutional remedies under Article 32 of the constitution. The doctrine of equal pay for equal work is equally
applicable to persons employed on daily wage basis. They are entitled to the same wages as other permanent
employees in the department employed to do the identical work.
• Article 41 says that state shall make effective provisions for securing right to work, education etc. and to Public
Assistance in case of unemployment, old age, sickness, disablement or any other case of undeserved want. This
article is used as a guiding principle for various social sector schemes such as social assistance programme, right
to food security, old age pension scheme, schemes for sick and disabled, MGNREGA etc.
• Article 44 says that the State shall endeavor to secure for the citizens a uniform civil code (UCC) throughout the
territory of India.

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THEME ONE| IN
NDIAN C
CONSTITU
UTION

• Article
e 51 says that state shall ende eavor to promote intternational peace and d security, maintain justj and
honou urable relations between nations, foster resp
pect for inte
ernational law and treaaty obligatiions in the dealings
of org
ganized peo oples with one
o anotherr; and encou urage settle
ement of intternational disputes byy arbitration
n.

Concepts : Points to foccus


• Accordding to the
e Supreme Court,
C any employer
e p
paying less wage to temporary staff was indulging in an “act of
exploitative ensla
avement” and
a remindded all emp
ployers tha ay for equal work” w
at “equal pa was a consttitutional
princip
ple.
• The juudgment no ot only highhlights the exploitative
e nature of such
s employment but also remind
ded the state that it
gnatory to tthe 1966 International Covenant on
is a sig nd Cultural Rights.
o Economic, Social an
• ovenant calls upon state parties to
The co o “recognise the right of everyonee to the enjjoyment of just and favvourable
condittions of work which en
nsure, in pa
articular, rem
muneration which provvides all woorkers, as a minimum, with fair
wagess and equal remuneration for worrk of equal value
v without distinctio
on of any kiind”.
• India ratified
r this covenant on
o April 10, 1979. SC fu
urther state
ed that there is no esca
ape from th
he above ob
bligation,
in view
w of differeent provisions of the Constitution and in view
w of the law
w declared by
b this court under Arrticle 141
of the Constitutioon of India.
• Articlee 141: The laaw declared
d by the Supreme Court shall be binding
b on all courts within
w the te
erritory of In
ndia.

Practice Que
estions
Q6.
Q The co
oncept of ‘e
equal pay fo
or equal wo
ork for both men and women’
w has been enshrined in
a)) Article
e 14
b) Article
e 16
c)) Article
e 39(a)
d) Article
e 39(d)

Q7.
Q The law declared by the Sup
preme Court shall be binding on all
a courts within the terrritory is me
entioned in
a)) Article
e 123
b) Article
e 124
c)) Article
e 137
d) Article
e 141

4.
4 DELH
HI HIGH COURT VERDIC
CT ON TH
HE STAT
TUS OF DELHI
D GO
OVERNM
MENT
#Constitutional Provisionss for Delhi
Why
W is this topic importtant for the
e exam?
• Delhi is neither a State, nor a Union Territory. It ussed to be a full-fledged Union Territory till 1
1991, when the 69th
amend dment of thhe Constitution gave itt a special status.
s The amendmen nt declared the Union T Territory off Delhi to
be forrmally knowwn as Nationnal Capital Territory
T off Delhi.

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AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME ONE| INDIAN CONSTITUTION

• However, the recent controversies with the Lieutenant Governor of Delhi and Delhi’s Chief Minister over
administrative issues led to this confusion over the actual status of Delhi. Hence a case was filed in Delhi High
Court to clear the confusion over the status of Delhi.
• It is Subjudice in the Supreme Court
• Importance given by UPSC is reflected in the nature of questions asked in previous years, for e.g.

Q The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its (#
Pre- 2014)
(a) advisory jurisdiction
(b) appellate jurisdiction
(c) original jurisdiction
(d) writ jurisdiction
Q Discuss the essentials of the 69th Constitutional Amendment Act and anomalies, if any that have led to recent
reported conflicts between the elected representatives and the institution of the Lieutenant Governor in the
administration of Delhi. Do you think that this will give rise to a new trend in the functioning of the Indian federal
politics? (#Main-2016)

What is the current context?


• The Delhi High Court passed its judgment saying that the Lieutenant Governor (L-G) is the administrative head of
the National Capital and not the Chief Minister, and Delhi continues to be a Union Territory rather than a full-
fledged state.
• The matter is now being heard by the Supreme Court.

Core:Points to focus
• Article 239(Administration of Union territories): Every Union territory shall be administered by the President
acting, to such extent as he thinks fit, through an administrator to be appointed by him.
• Article 239A: However, vide the Constitution 14th Amendment Act in 1962, the First Schedule was amended and
Article 239A was added. Article 239A provides for creation of local legislatures or Council of Ministers or both for
certain Union Territories.
• Further, The Government of Union Territories Act, 1962 created legislatures for the Union Territories of Himachal
Pradesh, Manipur, Tripura, Goa, Daman, Diu and Pondicherry (Puducherry).
• Article 239AA: Article 239AA of the Indian Constitution, enacted as per 69th Amendment Act confers special
provisions for Delhi (National Capital Territory of Delhi).
a) The administrator thereof appointed under Article 239 shall be designated as the Lieutenant Governor.
b) There shall be a Council of Ministers consisting of not more than ten percent, of the total number of members in
the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the
exercise to his functions in relation to matters with respect to which the Legislative Assembly has power to make
laws, except in so far as he is, by or under any law, required to act in his discretion.
c) Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any
matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision
given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in
any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to
take such action or to give such direction in the matter as he deems necessary.

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THEME ONE| IN
NDIAN C
CONSTITU
UTION

Concepts : Points to foccus


• Wheth
her Delhi is a full-fledg
ged state orr is a Union Territory ha
aving a Legislative Assembly
The Deelhi State Le
egislative Assembly
A ca
ame into beeing on 7th March, 19552 under the
e Government of Part--C States
Act, 19
951. Howevver, legislatiive powers granted to
o Part-C Sta
ates were lim
mited and the
t legislative powers of Delhi
Assemmbly had been further curtailed.
c
When the constiitution cam me into forcce on Janu uary 26, 19 950, India became
b a union
u of sttates (earlie
er called
provin
nces) with e extensive auutonomy and some te erritories administered d by the ce entral gove
ernment. Un nder the
constittution, there were thre
ee kinds of states
s -nine
e Part A stattes, eight Pa
art B states and 10 Partt C states.
Part A states werre former governors'
g provinces in British In
ndia -Assam ngal, Bihar, Bombay , Madhya
m, West Ben
njab and Uttar Pradesh
Pradessh, Madras, Orissa, Pun h.
Part B comprised d the formmer princelyy states of Hyderabad e, Travancore-Cochin, Madhya
d, Saurashttra, Mysore
Bharatt, Vindhya P
Pradesh, Rajjasthan and
d the Patiala
a and East Punjab
P es Union (PEPSU).
State
Part C states inclu
uded a few princely staates as well as former provinces governed
g b chief com
by mmissionerss such as
Kutch, Himachal Pradesh, Coorg,
C Man
nipur and Tripura.
T Jam
mmu & Kasshmir had special
s stattus. Apart from
f the
states, there were
e part D terrritories.
The Sttates Reorg
ganisation Act,
A 1956, ab
bolished the three categories of states while
e the territo
ories in partt D were
termedd Union terrritories.
As a re
esult of the
e recommen ndations of the State Reorganisat
R tion Commission (1955 ased to be a Part-C
5), Delhi cea
State with
w effect from 1st November,
N 1956.
1 The Delhi Legisslative Assembly and the t Council of Ministe
ers were
abolish
hed and De elhi becamee Union Terrritory underr the direct administrattion of the President.
There was consiiderable prressure of public opiinion for providing
p a democrattic set up and a ressponsive
administration foor Delhi. In
n partial fulfillment of
o this demand and on the basisb of reccommendaations of
Adminnistrative Re
eforms Com mmission, the
t Delhi Administrati
A ion Act, 196
966 was enaacted. The Act provided for a
deliberative bodyy-called Mettropolitan Council
C having recommmendatory powers.
p
At the
e top, there was Lt. Go overnor or Administrat
A tor who wa as appointed by the President of India unde
er Article
239 off the constittution. Therre was an Exxecutive Coouncil compprising of ele
ected and nominated
n m
members but
b it had
no legislative pow
wers and ha ad only an advisory
a role
e in the govvernance off Delhi.
Hencee, there wass a continuous deman nd for a full-fledged State
S Assem
mbly with Council of M Ministers to aid and
advice
e the Lt. Govvernor whicch led to the
e formation n ofBalakrish
hnan Comm mittee in 1987to go into the variou
us issues
connected with the administration of union
u territo
ory of Delh
hi and to re
ecommend measures ffor streamlining the
administrative sett up.
It reco
ommended that Delhi should con b a Union Territory but should be
ntinue to be b provided d with a Le
egislative
Assemmbly and a C
Council of Ministers
M re
esponsible to
t such Assembly with appropriatte powers to deal with
h matters
of concern to the common man.
m
The Co ommittee aalso recommended th hat with a view
v to enssuring stabbility and peermanence,, the arrang gements
shouldd be incorpporated in the constitution to giveg the National Cap pital a speecial status among the Union
Territo
ories. Hence
e as per Co ( thAmend
onstitution (69 dment) Act, 1991, Articcle 239AA anda Article 239AB werre added
to the Constitutio al status to the National Capital Territory
on to give constitutiona T of Delhi.
D
• Interp
pretation of Delhi High Court.
Delhi High Courrt has held d that the special proovisions inccorporated for Delhi, under Artticle 239AA A of the
Constitution, do n
not negate the effect of
o Article 23
39, which em
mpowers th he Lt Govern ndependently of his
nor to act in
Counccil of Minissters. In otther words,, the concuurrence of the Lt Go overnor is mandatoryy for admin nistrative
decisio
ons.Delhi Government will have to abide by the catego orical ruling that the Ltt Governor is not boun
nd to act
on the dvice of the Council of Ministers until
e aid and ad u and unless Supremme Court gives a contrary judgme ent.

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Practice Questions
Q8. Which of the following statements is/are incorrect?
1. Every Union territory shall be administered by the President through an administrator to be appointed by him.
2. The President may appoint the Governor of a State as the administrator of an adjoining Union territory.
3. The Administrator of a Union Territory shall administer as per the directions of his Council of Ministers without
having any discretionary power.
Codes:
a) 1 only
b) 3 only
c) 1 and 3 only
d) None of the above

Q9. Which of the following statements with respect to National Capital Territory of Delhi is/are correct?
1. The Article 239AA contains specific provisions for National Capital Territory of Delhi.
2. The Lieutenant Governor may exercise his discretionary power in case of difference of opinion between the
Lieutenant Governor and his Council of Ministers.
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

Q10. Which of the following articles empower the Parliament to create local Legislatures or Council of Ministers or
both for certain Union territories?
a) 239
b) 239A
c) 239AA
d) 239AB

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THEME 2

FUN
NCTION
NING OF PARLIIAMENT
T AND STATE LEGISLATURE

5.
5 ROLE OF GO
OVERNO
OR IN AR
RUNACH
HAL PRA
ADESH AND
A ITS INTERP
PRETATIO
ON BY
SUPREME CO
OURT
# Disccretionary power of Governor
Why
W is this topic importtant for the
e exam?
• The juudgment iss importantt as it is for the firstt time, the Supreme Court has restored a governme ent after
appened in Arunachal Pradesh byy declaring all decisions of Governor Jyoti P
dismisssal. This ha Prasad Rajkkhowa as
“unconstitutionall” that had first
f t imposittion of President’s rule
led to the e in the state and later formation of a new
government led b by the Conggress break kaway factio
on.
• It emp o defection by elected representa
phasises on the issue of atives, and its legality or
o illegality.
• n by UPSC is reflected in the nature of questiions asked in
Imporrtance given i previous years, for e
e.g.

Q.
Q Which e following Schedules of the Con
h one of the nstitution off India conttains provisions regard
ding anti-de
efection?
(#Pre--2014)
(a
a) Secon
nd Schedule
e
(b
b) Fifth Schedule
S
(cc) Eighth
h Schedule
(d
d) Tenth Schedule
Q.
Q Which
h of the follo
owing are the discretio
onary powe
ers given to the Govern
nor of a Statte? (#Pre-20
014)
1. ng a report to the Pressident of Ind
Sendin dia for impo
osing the President’s rule
2. Appoiinting the M
Ministers
3. Reservving certain
n bills passe nsideration of the Presiident of Ind
ed by the State Legislatture for con dia
4. Makin
ng the rules to conductt the busine
ess of the Sttate Govern
nment
Selectt the correctt answer using the cod
de given below.
(a
a) 1 and 2 only
(b
b) 1 and 3 only
(cc) 2, 3 an
nd 4 only
(d
d) 1, 2, 3 and 4
Q.
Q Consid
der the follo
owing state
ements: (#Pre-2015)
1. The Legislative C Council of a State in India can be
b larger in
n size than
n half of th
heLegislative
e Assemblyy of that
particu
ular State.
2. The Governor of a State nom
minates the Chairman of
o Legislativve Council of
o that particular State.
Which
h of the stattements givven above iss/are correcct?

(a
a) 1 onlyy

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(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. Consider the following statements: (#Pre-2016)
1. The Chief Secretary in a State is appointed by the Governor of that State.
2. The Chief Secretary in a State has a fixed tenure.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Q. With greater power comes greater responsibility. (#Main-2014)

What is the current context?


• In the month of December 2015, a group of rebel Congress MLAs approached Governor J P Rajkhowa, seeking to
impeach Assembly Speaker NabamRebia. The rebel MLAs were upset with Rebia, who is a cousin of Chief
Minister NabamTuki and seen as being in his camp, because they said he was trying to get them disqualified
from the Assembly. Though the Assembly was not in session, Governor Rajkhowa agreed it was an urgent matter.
Since the Assembly was originally slated to convene only on January 14, the Governor called for an emergency
session of the Assembly on December 16, 2015 in advance to take up the impeachment motion.
• As the Congress approached the High Court and later the Constitution bench of the Supreme Court against the
Governor’s convening of the special session, the Centre called for President’s rule in the state under Article 356
of the Constitution. The Congress cried foul, saying this was the first instance of Article 356 being imposed while
the case was being heard in court.
• With the governor’s office accused of favouring the Congress’s rebel MLAs and the BJP in the state. Governor
Jyoti Prasad Rajkhowa’s decision to advance the winter session of the assembly by a month and issue directions
to vote on a resolution calling for the removal of the speaker at the first sitting of the House, with the deputy
speaker in the chair, suggests a clear case of gubernatorial (anything related to a governor,) overreach.
• The bench laid down that a Governor cannot have the freedom to determine when and in which situation can he
take a decision at his own discretion without the aid and advice of the Chief Minister and his Council of Ministers.
He can act without the aid and advice only when a government has lost its majority in a floor test, the court said.

Core and Concepts: Points to focus


• This topic touches upon some basic concepts, powers, functions, limitations and inter-disciplinary approach and
relations among various Constitutional functionaries including that of Governor of State, Speaker of Legislative
Assembly, Chief Minister of a state, Council of Ministers of state, President of India and role of judiciary in case of
any overreach.
• This topic also touches upon the polity and governance of those states which falls under Schedule V and
Schedule VI of the Constitution with respect to their autonomy and different political structure.
Hence lots of questions on preliminary can be formed and asked from these topics. Other important core areas
to focus are given hereunder:

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• e of Judicial Review (Re


Scope efer: Art 13, Art. 32, Artt. 136, 137, 138, 139 an
nd Art. 226));
• Role of
o Speaker rregarding disqualificat
d ion of MLAs (Refer: Art
rticle 190);
• Provission for disq atives (Refer
n of elected representa
qualification er: 10th Scheedule);
• Groun tion Law's (Refer:
nds for disqualification under the Anti-Defect
A ( Articcles 102 (2) and
a 191 (2))
))
• Constitutional du
uty of Presiident to en
nsure comp pliance with h the law annd ensure that a consstitutionallyy elected
government is allowed to ru
un on the baasis of consstitutional provisions
p (R
Refer: Articlle 256);
• Presid
dents rule in
n a state (Re
efer: Article 356)

Since, this topic iis mainly ab


bout variou
us powers and function overnor of a state,hen
ns of the Go nce,interprettation of
the po
owers of the e Governor becomes im L us underrstand those in detail:
mportant. Let
Goverrnor functio
ons as;
1. Constiitutional He
ead of a Sta
ate under Arrticle 153 an
nd 154, and
d as
2. An agent of the C
Centre as he
e holds officce during th
he pleasure
e of the Pressident unde
er Article 15
56.
But th
he real controversy arisses when bo
oth functions of the Governor ovverlap and the
t question n arises as to
t which
on supersedes which in this era of multi-pa
functio arty system.. This dual function off the Goverrnor in receent times
has created enouugh controvversies wherre different parties enjo
oy power at the Centree and in the
e States.
The qu
uestion stilll remains ass to why thiis dual funcction was prrovided to the
t Governor by the co onstitution makers?
Constituent Asseembly adop pted the sysstem of cen ntrally nom
minated, rathher than ele
ected Gove ernor as thaat would
keep the
t Centre iin touch witth the State e and would d remove a source of possible
p “separatist ten
ndencies” off States.
• Hencee exercise of discretionnary power by Governoor as Centre
e’s represen
ntative is co
onstitutionally justifiablle. Let us
analyzze the various discretio
onary powe
ers of the Go
overnor.
The Constitution
C n has not explicitly defined
d or described Governor’s discretion nary powerss and provvides no
guidelines for deeciding as to which matters
m mayy fall underr this categ
gory and inn effect thee final judge of the
matter is the Govvernor himsself under Article
A 163(2
2). Howeverr, going by the
t various provisions of the Consstitution,
one ca
an decipherr several cattegories of actions which the Govvernor “mayy” take in his discretion
n:
1. 0, Governor can reservve any Bill for the con
Underr Article 200 nsideration of the Pressident whicch in the op
pinion of
Goverrnor deroga ates from the
t powers of High Court
C as to endanger the positioon which th hat Court iss by this
Constitution designed to fill.
2. To resserve any otther Bill as he
h deems fiit.
3. To app
point the Chief Ministe
er of State under
u Article 164(1).
4. To dissmiss the m
ministry as the Chief Minister
M and other Miinisters shall hold office during tthe pleasurre of the
Goverrnor under A
Article 164(1)
5. Goverrnor’s reporrt under Article356 in case
c of failure of Constitutional ma
achinery in States.
6. Goverrnor’s respo
onsibility forr certain reg d responsibiilities placed on the
gions such as the Tribal Areas in Assam and
Goverrnor under A
Article 371A A (Nagaland d), 371C (Manipur), 371
1H (Arunachal Pradesh
h).
• The Governor pe erforms funcctions 1, 2 ,5 and 6 as the agent of the Centre and fun nd 4 as the Head of
nctions 3 an
the Sttate. In all other mattters, the Goovernor like
e the Presid
dent acts on
o the advice of his C Council of Ministers
M
(COMs) under Arrticle 166(1).

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• Article 244 mentions about administration of Scheduled Areas and Tribal Areas where the role of Governor
becomes important as he can take certain administrative and welfare decisions for the tribal areas notified under
Fifth Schedule at his discretion in consultation with the President of India.
• Clause 5(1) of the Fifth Schedule requires all laws applicable to the rest of the country to be adapted to suit the
interests of the tribals before they are extended to tribal areas. Thus, the Constitution recognises that tribals shall
not be assimilated with the general population and their special needs must be taken into account before any
laws are extended to these areas and the Governor is empowered to decide the manner in which any law is to be
made applicable to the Scheduled areas.
• Under Article 166(3), Governor may frame Rules of Business and allocate all his functions to different ministers
except those which governor discharges in his own “discretion”. The expression “Business of the Government of
the State” under Article 166(3) comprises of functions which the Governor is to exercise with the aid and advice
of his Council of Ministers (COMs) including those functions which the Governor has to exercise in his own
subjective satisfaction as well as statutory functions of State Government. Thus, except the matters to be
discharged by the Governor in his discretion, his personal satisfaction is not required and any function may be
allocated to Ministers.

Practice Questions
Q11. Which of the following statement is/are Incorrect?
1. The President of India before entering upon office, shall make or subscribe oath or affirmation before the Chief
Justice of India.
2. The executive power of the Union shall be vested in the Prime Minister and shall be exercised directly or
through officers subordinate to him/her in accordance with the Constitution of India
3. No person shall be eligible for the appointment of President unless he/she is a citizen of India, has completed
the age of thirty five years and is qualified for election as a member of the Council of States.
a) 1 and 2
b) 2 and 3
c) 1,2 and 3
d) 1 and 3

Q12. Which of the following statements with regard to the Governor of a State is/are correct?
1. There shall be a Governor for each State and the same person cannot be appointed as Governor for two or
more states.
2. The executive power of the State shall be vested in the Governor and shall be exercised directly or through
officers subordinate to him/her in accordance with the Constitution of India
3. The Governor shall hold office during the pleasure of the Chief Minister of the state.
4. The Governor of a State shall be appointed by the President by warrant under his hand and seal.
a) 1 and 4
b) 1,2 and 4
c) 1,2 and 3
d) 2 and 4

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Q13.
Q The Governor o of a state beefore enterring upon his office, sh
hall make or subscribe oath in the
e presence of which
of th
he following
g dignitariess?
a)) Chie
ef Justice of India
b) Chie
ef Justice of High Courtt concerned
d
c)) President of Ind
dia
d) Chie
ef Minister o
of State

Q14.
Q Consider the fo
ollowing statements
1. Therre shall be a Council of o Ministers with the Governor at the head to Chief Minister in the
o aid and advise the C
exerrcise of his ffunctions.
2. Under the consstitution, Go nnot exercise his functions at his discretion
overnor can d nd has to abide by the
an e aid and
advise of his Co
ouncil of Miinisters
3. The Chief Minisster shall be
e appointed
d by the Go d the other Ministers shall be app
overnor and pointed by the
t Chief
Miniister.
Choo
ose the corrrect code
a)) 1 and 2
b) 2 and 3
c)) 1 and 3
d) Non
ne of the Ab
bove

6.
6 SMAALLER PA
ARTIES AND IN
NDEPEND
DENTS IN
I RAJYA
A SABH
HA UNIT
TE FOR MORE
TALK
K TIME
#Parliiament (Fu
unctioning))
Why
W is this topic importtant for the
e exam?
• This iss only the th
hird time in
n the historyy of Indian Parliament that a conssolidated group of MP
Ps have bee en united
to discuss collecttively on issues of National impo ortance con
nsidering th
heir lower representat
r ion in Rajya
a Sabha.
The firrst instance
e was in 19883 and the second
s in 19
990.
• This group
g of M
MPs have united
u to secure
s morre time to speak in House deb bates, wherre their soolitary or
numerically lean status afforded them as little as three minuutes of spee
ech time.Tim
me allotted to parties to
t speak
on debates depends entirelyy on their sttrength in the House.
• A grou
ouping of th his kind will,l, therefore, make it po
ossible, say,
y, for a party
ty like the Sikkim
S Demo
mocratic Fronnt with a
singlee MP to speeak for as much
m time as
a say, a Sam
majwadi Paarty with 19 9 MPs in thee Upper Ho ouse.As a reesult, this
group p can also be representted in the Business
B Adv
dvisory Comm
mmittee (BAC C) that decid
des time alllotment to speak.
• Questions on fun
nctioning off Parliamentt are favourrite with UP
PSC. For e.g..

Q.
Q Consid
der the follo
owing state
ements rega
arding a No
o-Confidencce Motion in
n India (#Prre-2014)
1. There is no mention of a No
o-Confidencce Motion in
n the Consttitution of In
ndia.
2. A Mottion of No-C
Confidence
e can be intrroduced in the Lok Sab
bha only.
Which
h of the stattements givven above iss/are correcct?

(a
a) 1 onlyy

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(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. Which of the following statements is/are correct? (#Pre-2016)
1. A Bill pending in the Lok Sabha lapses on its prorogation.
2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of
the Lok Sabha.
Select the correct answer using the code given below.
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Q. The Indian party system is passing through a phase of transition which looks to be full of contradictions and
paradoxes.” Discuss. (#Main-2016)

What is the current context?


• Vice-President Hamid Ansari has formally recognised a group of 22 MPs belonging to parties with less than four
MPs and certain independents as a consolidated block known as “The United Group”.
Core and Concepts:Points to focus
• Question Hour:
a) The first hour of every sitting of Parliament is generally reserved for the asking and answering of questions.
b) Parliamentary question is a technique of parliamentary surveillance over the administration practiced in all the
countries having representative Parliamentary Democracy.
c) Members of Parliament are free to ask questions to elicit information on matters of public importance and
concern from ministers of the government.
d) The basic purpose of asking question is to implement national and international policies as declared by the
government or approved by the Parliament.
e) The Government is, as it were, put on its trial during the Question Hour and every Minister whose turn it is to
answer questions has to stand up and answer for his or his administration’s acts of omission and commission.
f) Through the Question Hour the Government is able to quickly feel the pulse of the nation and adapt its policies
and actions accordingly.
g) It is through questions in Parliament that the Government remains in touch with the people in as much as
members are enabled thereby to ventilate the grievances of the public in matters concerning the administration.
Questions enable Ministries to gauge the popular reaction to their policy and administration.
• Types of Questions: Questions are of four types - Starred, Unstarred, Short Notice Questions and Questions
addressed to private Members.
a) A Starred Question is one to which a member desires an oral answer in the House and which is distinguished by
an asterisk mark. When a question is answered orally, supplementary questions can be asked thereon. Only 20
questions can be listed for oral answer on a day.

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b) An Un nstarred Quuestion is on
ne which iss not called for oral an
nswer in thee House and on which h no supple ementary
questiions can coonsequentlyy be asked. To such a question,
q a written ansswer is deeemed to havve been laid d on the
Table after the QQuestion Ho our by the Minister to whom it iss addressed official report of the
d. It is printed in the o
sitting
g of the House for which it is putt down. On nly 230 que estions can be listed foor written a
answer on a day. In
additioon to this, 25 more questions
q can
c also bee included in the Unsstarred Listt relating to o the Statees under
Presidential Rule and the tootal numberr of questioons in the list of Unstarred Questiions for a dday may not exceed
255 inn relaxation of normal limit
l of 230 questions.
c)) A Shoort Notice QQuestion is one which h relates to a matter of
o urgent public importance and can be askked with
shorte
er notice th han the pe otice prescrribed for an ordinary question. Like a starrred questiion, it is
eriod of no
answeered orally ffollowed byy supplemen
ntary questiions.
d) The Question
Q to
o a Private Member is i addresseed to the Member
M hiimself/herse
elf and it is asked when
w the
subjecctmatter of it pertains to any Bill, Resolution
n or any ma
atter relating to the Buusiness of th
he House fo
or which
that Member
M is responsiblee. For such Questions,, the same procedure is followed d as in the
e case of Questions
Q
addresssed to a M
Minister withh such variations as the
e Speaker may
m conside er necessaryy or convenient.
• Zero Hour:
H The tiime immediately follow
wing the Qu
uestion Hou ur has come to be knoown as "Zerro Hour". It starts at
around 12 noon (hence the name) and members can, c with prrior notice to
t the Spea
aker, raise isssues of imp
portance
during
g this time.
• ally, discussions on important Bills, the Budg
Typica get, and oth
her issues of
o national importance
e take place
e from 2
pm onnwards.

• Busineess Advisoryy Committe


ee: There arre two Business Adviso
ory Committtees in the
e Parliamentt of India, one
o each
for Lok Sabha and Rajya Sabbha.
a)) BAC of
o Lok Sabha
a
The Business
B Advisory Com mmittee (BA
AC) of Lok Sabha con
nsists of 15 members including tthe Speake
er of Lok
Sabha e ex-officio
a who is the o Chairman of BAC. Th
he memberss are nomin he Speaker. BAC reco
nated by th ommends
allotm
ment of timee for discusssion of gov
overnment legislative
le a other businesses
and b a the Speaaker, in con
as nsultation
with the
th Leader oof the Housse, may direect to be refferred to the
he Committeee.
The Committee,
C on its owwn initiative,
e, may also
o recommen
nd to the Governmen
G nt to bring
g forward particular
p
t House and recom
subjeccts for disccussion in the mmend allo
ocation of time
t for su
uch discusssions. The decisions
d
reache
ed by the C
Committee are alwayss unanimous in characcter and rep presentative
e of the co
ollective view
w of the
Housee. The Comm
mittee gene
erally meetss at the beg
ginning of each
e Session d when necessary.
n and thereafter as and

b) BAC of
o Rajya Sab
bha
The Rajya
R Sabha a Business Advisory
A Coommittee has
h 11 mem mbers inclu uding the Vice-Preside
V ent as its ex-officio
e
chairm
man. The m members are e nominate ed by Speakker/Chairma an. BAC of Rajya Sabh ha recomm mends the time that
shouldd be allocatted for the discussion of the stage or stagess of such Goovernment Bills and otther business as the
Chairm
man in conssultation with the Lead der of the House may direct
d for be
eing referred to the Co
ommittee.
The Committee
C also recom
mmends the e time that should be allocated for the discussion of stage or stages
s of
private
e Memberss' Bills and Resolutionns. It has th
he power to
o indicate in
i the prop posed time-table the different
hours at which the various stages of the
t Bill or other
o busin
ness are to be comple eted. The Co
ommittee performs
p
such other
o functions as mayy be assigne
ed to it by the Chairma
an from time
e to time.

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Practice Questions
Q15. Which of the following statements is/are correct?
1. The first hour of every sitting of Parliament for asking questions is ‘Zero Hour’.
2. The time immediately following the Zero Hour is ‘Question Hour’.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

Q16. Which of the following statements is/are correct?


1. The discussions on important Bills, the Budget, and other issues of national importance take place before 2pm.
2. A Starred Question is one to which a member desires an oral answer in the House.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

#BILLS, ACTS AND PROCEDURES are very common area for asking questions by UPSC. Importance given
by UPSC is reflected in the nature of questions asked in previous years, for e.g.

Q. When a bill is referred to a joint sitting of both the Houses of the Parliament, it has to be passed by (#Pre-2015)
(a) a simple majority of members present and voting
(b) three-fourths majority of members present and voting
(c) two-thirds majority of the Houses
(d) absolute majority of the Houses
Q. With reference to the Union Government, consider the following statements: (#Pre-2015)
(1) The Department of Revenue is responsible for the preparation of Union Budget that is presented to the
Parliament.
(2) No amount can be withdrawn from the Consolidated Fund of India without the authorization from the
Parliament of India.
(3) All the disbursements made from Public Account also need the authorization from the Parliament of India.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 2 only

(d) 1, 2 and 3

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Q.
Q Nation
nal urban transport po olicy empha asizes on moving
m people instead of moving
g vehicles. D
Discuss critically the
successs of various strategiess of the govvernment in
n this regard
d. (#Main-2014)

Core: Points to focus


• Bill,Bill passing prrocess, type
es of Bills, passing
p of a Bill, joint se
ession of Pa
arliament
A Bill is a draft sttatute whicch becomess law after it is passed by both th
he Houses ofo Parliameent and asse
ented by
the Prresident. All legislative
e proposals are broughht before Paarliament in the forms of Bills.
• Proced
durally, Billss can be cla
assified as:
1. Ordina
ary Bill
2. Moneyy Bill
3. Financce Bill
4. Ordina
ance replaccing Bill
5. Constitution Ame
endment Bill

• Money Bill
Underr Article 1100 (1) of the Constitution, a Bill is deemed
d to be
b a Moneyy Bill if it contains only provisions on all or
any off the following:
a)) impossition, abolittion, remisssion, alteration or regulation of an
ny tax;
b) regula
ation of borrrowing by the
t governm
ment;
c)) custod
dy of the C
Consolidated
d Fund or Contingenc
C cy Fund of India,
I and payments
p in
nto or withdrawals fro
om these
Fundss;
d) appropriation of moneys ou
ut of the Consolidated Fund of Ind
dia;
e)) penditure charged on the Consollidated Fund of India o
declarring of any expenditurre to be exp or the incre
easing of
the am
mount of an ny such expenditure;
f) receip
pt of moneyy on accoun
nt of the Coonsolidated Fund of In
ndia or the public acco
ount of India or the cu
ustody or
issue of
o such money or the audit
a of the
e accounts of
o the Unionn or of a Sta
ate; or
g) any matter
m incide
ental to anyy of the mattters specified in (a) to (f)

• Conso
olidated Fun
ndof India
This fund
f was cconstituted under Artiicle 266 (1) of the Constitution of India. All revenue
es received
d by the
government by wway of dire nd indirect taxes, mon
ect taxes an ney borroweed and receipts from loans given
n by the
government flow
w into the Co
onsolidatedd Fund of In
ndia.
All go
overnment expenditure is made e from this fund, exxcept excep ptional item
ms which are met frrom the
ngency Fund. Importan
Contin und without the Parliament's approval.
ntly, no money can be withdrawn from this fu
• Contin
ngency Fundof India
This fu
und was co onstituted by
b the gove on of India.. This fund is at the
ernment under Article 267 of the Constitutio
dispossal of the Prresident.
Any expenditure incurred frrom this fund requiress a subsequ he Parliament and the amount
uent approvval from th
withdrrawn is retu
urned to the
e fund from
m the Consolidated Fun
nd.

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• Finance Bill
Any Bill which deals with revenue or expenditure of the Government is a Finance Bill. However, only those
Finance Bills which are endorsed by the Speaker under Article 110 (4) become a Money Bill. Financial Bills that are
not certified by the Speaker are of two kinds: Financial Bill (A) and Financial Bill (B).
Financial Bill (A) as under Article 117(1) includes any matters mentioned above under Article 110(1) (a) to (f) plus
any other matters related to revenue or expenditure of the Government. Financial Bill (A) can only be introduced
in the Lok Sabha on the recommendation of the President.
Financial Bill (B) are just like other Ordinary Bills that contain provisions involving expenditure from the
Consolidated Fund as specified in Article 117 (3). Financial Bill Category B and Ordinary Bills can be introduced in
either House of Parliament. Thus, every Bill other than a Money Bill and Financial Bill (A) introduced in the
Parliament acts like an Ordinary Bill.

• Money Bill (Article 109) and Finance Bill (A) (Article 117(1)) shall not be introduced in the Rajya Sabha. Whereas
all other Bills including Ordinary Bill, Financial Bill (B), and Constitution Amendment Bill can be introduced in
either House of the Parliament under Article 107.
• Once a Bill is passed by Lok Sabha, it goes to Rajya Sabha along with Speaker’s certificate that it is a Money Bill
for its recommendations. However, Rajya Sabha can neither reject nor amend such Bill but can only recommend
changes in the Bill. Rajya Sabha must return the Bill within 14 days, after which Lok Sabha may accept or reject all
or any of its recommendations. In either case, the Bill is deemed to have been passed by both Houses. Under
Article 109 (5), if Rajya Sabha fails to return the Bill to Lok Sabha within 14 days, it is deemed to have been
passed anyway.
• The recent controversy over passage of bill as money bill is with respect to The Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits and Services) Bill, 2016which was passed by the incumbent government
as Money Bill. A PIL filed in Supreme Court has challenged the decision to treat Aadhaar Bill as a money Bill. The
petitioner has claimed that introduction of Aadhaar Bill as a money Bill is a brazen and malafide attempt to
bypass the approval of the Rajya Sabha, which holds an important place in the Constitutional and democratic
framework of law-making. However, the contentious issue to be decided by the Supreme Court is whether the
grounds on which Speaker of Lok Sabha certifies a Bill as money bill under Article 110 (4) can be subject to
judicial review.

# Issues Money Bill Finance Bill Financial Bill Ordinary


(A) (B) Bill

1 President
Recommendation No No
Required

2 Rejection of Bill by
No No
Rajya Sabha

3 Introduction in Rajya
No No
Sabha

4 Introduction in Lok
Sabha

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• Ordina
ance Replaccing Bill
Ordina ance replaccing Bills are
e brought before
b Parliiament to replace
r an Ordinance,
O with or witthout modiffications,
promu ulgated by the Preside ent under Article
A 123 of the Con nstitution off a subject. To providde continuitty to the
provissions of the
e Ordinance e, such a Biill has to bee passed byy the Housses of Parlia ament and assented to o by the
Presid
dent within ssix weeks of the reasseembly of Pa arliament.
Article
e 123 of th
he Constitution grantss the Presid
dent and Article
A 213 grants the Governor certain law
w making
powerrs to promulgate Ordinances wh o the two Houses off Parliamen
hen either of nt or State Assembly is
i not in
session.
Howevver, an ordinance cannot be madde on subje ects which Parliament or State Le
egislative A
Assembly unnder this
constitution is not compete
ent to enacct. If an ordinance is made on such
s subjeccts, then it is open to
o judicial
review
w.

• Constitution Ame
endment Bill
Article des Power of Parliame
e 368 provid ent to amen
nd the Consstitution an nd procedurre thereof. Amendmen nt of this
Constitution mayy be initiate
ed only by the introduction of a Bill in eithher House of
o the Parliiament. Ass per the
proceddure laid do
own in the Constitutio
C n under Artticle 368, Co
onstitution Amendmen be of three types:
nt Bills can b
1. Amendment requ
uiring simplle majority for their passage in ea
ach House
2. Amendment requ uiring special majority for their pa ach House i.e.,
assage in ea i a majorrity of the to
otal membeership of
a Houuse and by a majority of
o not less than two-th hirds of the
e members of that Hou
use presentt and voting
g (article
368); and
a
3. Amendment requ uiring special majority for their pa
assage and ratification
n by Legislattures of not less than one-half
of the States by rresolutions to that effe
ect passed by those Le
egislatures (proviso
( to clause (2) o
of article 368
8).
• If amendment sseeks to ch hange the following, then ame endment sh equire to be ratified by the
hall also re
Legisla
atures of nnot less tha
an one-halff of the Sta
ates by reso
olution to that effect passed byy those Leg
gislatures
before
e the Bill maaking provision for succh amendm
ment is prese
ented to the
e President for assent.
a)) Electio
on of Presid
dent, Manne er of electio
on of Presid
dent, Extent of executivve power off the Union, Extent of executive
e
powerr of the Statte, High Courts for Uniion Territories
b) Union Judiciary u
under The Union,
U ates under The States or Legislattive Relation
The High Courtts in the Sta ns under
Relatio
ons betweeen the Union
n and the States,
S or
c)) Any of the Lists in
n the Seven
nth Schedule, or
d) The re on of Statess in Parliament, or
epresentatio

• When a bill is inttroduced byb any ministry or govvernment de epartment, it is known n the Government Bill. On the
contra
ary, a bill inttroduced byy a private Member
M of Parliamentt is called a Private Member's Bill.

• A bill has to passs through three


th stagess. In each sttage, there is a reading
g of the bill, is why the
ese three sttages are
known
n as the first reading, the second reading and
d the third reading.
r
• The Co
ommittee stage and th e second reading.
he Report sttage form a part of the
• First Reading:
R age, the bill is introduced in one of the Hou
In the first sta uses of the Parliamentt. While Mo oney Bills
are to be introduced only in the Lok Sabha, all oth her bill can be
b introducced either in
n the Lok Sa
abha or in the
t Rajya
Sabha a. The move er of the bill
b just read ds the title of the bill. Normally there is no o oppositioon at this stage.
s So
usuallyy the bill is allowed to be introducced by a vo oice vote.

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If, in the stage of first reading, the bill is opposed, the mover and the opposer of the bill are required to make
brief statements on the floor of the House. After that, the vote is taken.
Once the bill is cleared in the first stage, the presiding officer of the House (the Speaker or the Chairman) sends
the bill for publication in the Gazette. Sometimes important bills are already published in the Gazette before they
are introduced in a House.

• Second Reading: This is considered the most important stage of lawmaking in the Parliament. At this stage there
are several options. First, it may go straight to the House for consideration. Secondly, it may be referred to a
Select Committee of the House. Thirdly, it may also be sent to a Joint Committee of both Houses. Fourthly, it may
go for circulation for eliciting public opinion.
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 for knowing the opinions and reactions of different segments of the society.
• Select Committee Stage: After initial discussion on the bill during the second reading, the bill is usually sent to a
Select Committee for more critical considerations. The Chairman of the Committee is appointed by the presiding
officer of the House (the Speaker or the Chairman). After a general discussion, the bill is discussed clause by
clause. Experts and witnesses are invited to express their opinions.
• The Report Stage: The Select Committee is expected to submit a report to the House within three months. In the
Select Committee, the decision is taken by majority and the report of the committee may include the
recommendations of the committee and the changes that it wants to be incorporated in the bill.
• Then the bill and the report of the Select Committee are placed before the House for its consideration. At this
stage, amendments can be moved, but no member will be allowed to move an amendment which seeks to
defeat the main purpose of the bill. The bill is discussed and put to vote clause by clause. With the completion of
this process the second reading of the bill is over.

• Third Reading: At the stage of third reading amendments are not allowed, but the members are allowed to
discuss the general character of the bill. The bill, as a whole, is put to vote. If the bill is passed by a majority, it is
signed by the presiding officer (the Speaker or the Chairman) and it is then sent to the other House in which the
bill has to pass through three identical stages.
• If the bill is cleared in all three stages by the other House, it is sent to the President for his assent. If the other
House does not agree to the bill, already passed by one House, it is free to make suggestions or propose
amendments.
• But, if the amendments or changes suggested are not acceptable to the House which had passed the bill, the two
Houses meet jointly to take a decision on the bill. In the joint sitting of both Houses, decision is taken on the
basis of majority vote.
• When the bill is sent to the President for his assent, he can do one of the following two things. He may give
assent to the bill; he may also return the bill to the originating House for reconsideration. If the bill is again
passed by both Houses of the Parliament with or without amendments, the President is bound to give his assent
to the bill. Thus, lawmaking in the Parliament is a long and complicated process.

Practice Questions
Q17. Which of the following best describes an Ordinance as?
a) Legislative power of the Legislature
b) Executive Power of the Legislature
c) Executive Power of the Executive

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d) Legisla
ative Powerr of the Executive

Q18.
Q Which
h of the follo
owing state
ements with
h respect to an Ordinan
nce is correct?
1. Ordinaance may be promulg
gated onlyy by the Prresident wh
hen both th
he Houses is not in Session at his sole
discretion
2. Ordina
ance canno
ot be forced
d to be prom
mulgated byy the Prime Minister an
nd his Coun
ncil of Minissters
3. An orddinance shaall be laid before
b both
h Houses off Parliamen
nt and shall cease to operate
o at tthe expiratio
on of six
weekss from the reassembly of Parliame ent
a)) 1 onlyy
b) 1 and 3 only
c)) 2 and 3 only
d) 1, 2 an
nd 3

Q19.
Q Which
h of the follo
owing state
ements with
h respect to Business Advisory
A Com
mmittee is//are incorrect?
1. There are two Business Advisory Comm
mittees in th
he Parliamen
nt of India, one each fo
or Lok Sabh
ha and Rajya
a Sabha.
2. Finance Ministerr is the ex-o
officio Chairman of Bussiness Advissory Commiittee
3. Busine ess Advisoryy Committe
ee recommends the time that should be allo
ocated for the discusssion of Govvernment
Bills and other Bills
Choosse the corre
ect code
a)) 1 onlyy
b) 2 onlyy
c)) None of the Abovve
d) 3 onlyy

Q20.
Q Which
h of the follo
owing cann
not be descrribed as Mo
oney Bill?
1. A bill for
f providin
ng reservation to mino
orities
2. f regulation of borro
A bill for owing by the governme
ent
3. A bill for
f impositiion, abolitio on, alteration or regulation of any tax
on, remissio
4. A bill for
f approprriation of moneys
m out of
o the Conssolidated Fu
und of India
a
5. A bill for
f alteratio
on of bound
dary of state
es
a)) 1, 2 an
nd 4
b) 2, and
d3
c)) 1, 3 an
nd 5
d) 1 and 5

Q21.
Q Which
h of the follo
owing is/are
e correct ab
bout Moneyy Bill?
1. Moneyy Bill shall n
not be intro
oduced in th
he Rajya Sab
bha.

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2. Rajya Sabha can amend such Money Bill and also recommend changes therein.
3. Money Bill can only be introduced in the Lok Sabha on the recommendation of the President.
a) 1 and 2
b) 1 and 3
c) 1, 2 and 3
d) None of the above

Q22. Which of the following statement is/are correct?


1. The Joint sitting of Parliament is allowed in case of Money Bill
2. The Joint sitting of Parliament is allowed in case of Constitution Amendment Bill
3. A Bill passed in Joint sitting of the Parliament shall pass by a total number of members of both Houses present
and voting
a) 1 only
b) 2 and 3 only
c) 3 only
d) 1, 2 and 3

Q23. Which of the following Constitutional amendments, also require to be ratified by the Legislatures of not less than
one-half of the States by resolution to that effect passed by those Legislatures before the Bill making provision
for such amendment is presented to the President for assent?
1. Election of President,
2. Union Judiciary under the Union
3. Manner of election of President
4. Any of the Lists in the Seventh Schedule
a) 1 and 3 Only
b) 1 and 4 Only
c) 1, 3 and 4 Only
d) All of the above

7. MOTOR VEHICLES (AMENDMENT) BILL, 2016


# Parliament (conduct of business)
Why is this topic important for the exam?
• As per official report released by the Ministry of Road Transport and Highways, 1.46 lakh people were killed in
road accidents in India in 2015. Road accidents as a whole increased by 2.5 % during 2015 to 5.01 lakh.
• Government of India has thus reiterated its resolve and commitment as a signatory to the Brasilia Declaration to
reduce the number of road accidents and fatalities by 50 per cent by 2020. Hence, Ministry of Road Transport

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and Highways
H ha
as tabled th
he Motor Vehicles
V (Am
mendment) Bill, 2016 to
t make suiitable changes in the previous
Motorr Vehicles A
Act, 1988.

What
W is the current
c context?
• The Motor
M Vehicles (Amenddment) Bill 2016,
2 was tabled in the
e Lok Sabha to amend
d the Motorr Vehicles Act,
A 1988
because India haas got dubio
ous distincttion of having highestt number of
o road accidents in the world. He
ence the
focus is now on m
making a ne
ew law to adddress this problem.

Concept: Poiints to focus


• Major provisions proposed in
i the Bill
a.. Nationnal Transpo ortation Pollicy: The Bill requires the central governme
ent to deve
elop a Natio
onal Transp
portation
Policy,, in consulta
ation with the
t states.
b. Recall of vehicless: The Bill allows
a the central
c govvernment too order for recall of motor vehicle
es if a defe
ect in the
vehicle
e may cause e damage to t the environment, orr the driver, or other ro
oad users.
c.. Compulsory insurance: The e Bill requirres the central government to co hicle Accident Fund.
onstitute a Motor Veh
The Fu
und will pro
ovide compulsory insurrance coverr to all road users in Ind
dia.
d. Care for
f road accident victims: The central gove ernment will develop a scheme for
f cashlesss treatmentt of road
accide
ent victims dduring goldden hour. The
T Bill defiines goldenn hour as th
he time period of up to
o an hour following
f
a traumatic injuryy, during wh
hich the like
elihood of preventing
p d
death throuugh promptt medical caare is the highest.
e.. Protecction of goood Samarita ans: The Bill defines a good Sam maritan as a person wh emergency medical
ho renders e
or non n-medical aassistance tot a victim at the scen ne of an acccident. Thhe assistancce must havve been (i) in good
faith, (ii)
( voluntarry, and (iii) without
w the expectation of any rew ward. Suchh a person will
w not be liable for an
ny civil or
criminnal action fo
or any injuryy to or deatth of an accident victim
m.
f. Electro
onic service
es: The Bill provides fo or the compputerization
n of certain services. These
T de: (i) issue or grant
includ
of lice
enses or peermits, (ii) filing
f plications (such as for licenses an
of forrms or app nd registrattion), (iii) re
eceipt of
moneyy (such as fines), and (iiv) change ofo address.
g. The Biill also reco
ognizes offeences comm mitted by juveniles. In such casess the guardiian of the ju
uvenile or owner
o of
the motor vehicle e will be liable unless they
t prove that:
t (i) the offence wa
as committeed without their knowlledge, or
(ii) the
ey exercised
d all due diliigence to prevent
p com
mmission of the offence e.
h. Transpportation scchemes: Th he Bill requ
uires state government
g ts to make transportation schem mes that pro ovide for
certain
n objectivess. These maym include: (i) last milee connectivvity, (ii) redu
ucing trafficc congestion, and (iii) safety
s of
road users.
u The sstate may also
a make rules for reggulating activities in pu ublic places,, and non-mmotorized transport
t
(bicycles, cycle ricckshaws).

Practice Que
estions
Q24.
Q Which
h of the follo
owing is tru
ue with rega
ards to Brassilia Declara
ation?
a)) It is a declaration about air pollution
p
b) It is a declaration about glob
bal warming
g in the Arcctic
c)) It is a declaration about road
d accidents
d) It is a declaration about marrine oil spillss

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Q25. The Committee stage and the Report stage form a part of the
a) First Reading of the Bill.
b) Second Reading of the Bill.
c) Third Reading of the Bill.
d) Joint sitting for the Bill

8. CITIZENSHIP (AMENDMENT) BILL, 2016


# Parliament (conduct of business)
Why is this topic important for the exam?
• The Citizenship Act of 1955 lists the ways to acquire the citizenship of India and its denial to undocumented
migrants.
• The Citizenship (Amendment) Bill, 2016 was introduced with the object to enable Hindus, Sikhs, Buddhists, Jains,
Parsis and Christians who have fled to India from Pakistan, Afghanistan and Bangladesh without valid travel
documents, or those whose valid documents have expired in recent years, to acquire Indian citizenship by the
process of naturalization.

What is the current context?


• The Citizenship (Amendment) Bill, 2016 was introduced in Lok Sabha to amend the Citizenship Act, 1955 and
seeks to make illegal migrants belonging to the same six religions(Hindus, Sikhs, Buddhists, Jains, Parsis and
Christians) from three countries (Afghanistan, Bangladesh and Pakistan) eligible for citizenship. However, Muslims
are not included in the list of six religions.
• This means that these groups of illegal migrants from three countries will not be deported or imprisoned for
being in India without valid documents.

Core: Points to focus


• The Citizenship Act, 1955 provides various ways in which citizenship may be acquired. It provides for citizenship
by birth, descent, registration, naturalization and by incorporation of territory into India. In addition, it regulates
registration of Overseas Citizen of India Cardholders (OCIs), and their rights. An Overseas Citizen of India is
entitled to some benefits such as a multiple-entry, multi-purpose life-long visa to visit India.
• Provisions given in the Constitution of India in Part II:
a) Citizenship at the commencement of the Constitution(Refer: Art 5);
b) Rights of citizenship of certain persons who have migrated to India from Pakistan (Refer: Article 6);
c) Rights of citizenship of certain migrants to Pakistan(Refer: Article 7);
d) Rights of citizenship of certain persons of Indian origin residing outside India(Refer: Article 8);
e) Persons voluntarily acquiring citizenship of a foreign State not to be citizens (Refer: 9)
f) Continuance of the rights of citizenship (Refer: Article 10);
g) Parliament to regulate the right of citizenship by law (Refer: Article 11);
• Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli
(citizenship by right of birth within the territory).

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• The Prresident of India is term


med the firsst Citizen off India.
• Bill passing proce
ess, Types of
o Bills, Passing of a Billl, Joint session of Parlia
ament

Concept: Poiints to focus


• Indian
n Citizenship
p Act, 1955::
a)) The In ndian Citizzenship Actt, 1955 prrovides for acquisition and dettermination n of Indian n Citizenship.Indian
Citizen
nship can b be acquired under the following ways:
w (1) Ciitizenship at the commmencement of the con nstitution
enship by birth:This pro
of India (2) Citize ovision has different cla
auses for different perriods (3) Citizenship byy descent
(4) Citizenship byy registration (5) Citizen
nship by naaturalization
n.
b) Howevver, illegal m
migrants are prohibited from acqu
uiring India
an citizenshiip under the
e 1955 Act.
c)) As perr the Act, an illegal miigrant is a foreigner
f w (i) enterrs the coun
who ntry withoutt valid trave
el documen
nts, like a
passpoort and visa
a, or (ii) ente
ers with valid documennts, but stayys beyond the
t permitte ed time perriod.
d) Illegal migrants mmay be imprisoned or deported under the
e Foreignerss Act, 1946
6 and the P
Passport (En
ntry into
India) Act, 1920.
e)) These Acts empo nion government to reg
ower the Un gulate the entry,
e exit and residencce of foreigners within India.
f) One can lose citizzenship of India
I in thre
ee ways – Renunciation
R n, Terminatiion and Dep
privation.
• Salient features o
of Citizenshiip (Amendm
ment) Bill, 2016
a)) The Biill amends tthe Citizensship Act, 19
955 to make
e illegal mig
grants who are Hinduss, Sikhs, Bud
ddhists, Jain
ns, Parsis
om Afghanistan, Bangladesh and Pakistan, eligible for ciitizenship.
and Christians fro
b) Underr the Act, on equirementss for citizenship by natturalisation is that the applicant
ne of the re a m
must have re
esided in
India during
d nths, and for 11 of the previous 14
the llast 12 mon 4 years.
c)) The Biill relaxes th
his 11 yearss’ requireme
ent to 6 yea
ars for perssons belong ntioned six religions
ging to the above men
and th
hree countries.

• Does the
t Bill viola
ate Article 14?
1
a)) Article
e 14 of the Indian Con nstitution prrovides every ‘person’ equality be
efore the law and equa on of the
al protectio
laws. However,
H asonable classification but there has
it permits rea h to be a nexus betw assifications sought
ween the cla
and obbjectives too be achieveed.
b) The Citizenship ((Amendmen nt) Bill, 201
16 makes illegal migra
ants eligible
e for citizenship on th
he basis off religion
which can be cha allenged on
n grounds of o equality and
a discrimination which is a basiic structure of the Con
nstitution
in a Co
ourt of law.

Practice Que
estions
Q26.
Q As perr the Citizenship (Ameendment) Bill, 2016, ille
egal migran
nts from three countrie
es are allow
wed the cou
urtesy to
get Ind
dian citizen
nship. Which
h of the following is no
ot one of th
hem?
a)) Sri Lan
nka
b) Afghanistan
c)) Bangla
adesh
d) Pakistan

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Q27. Which of the following statements is/are correct?


1. The provisions related to citizenship are mentioned in the Part III of the Indian Constitution.
2. One can lose citizenship of India in three ways – Renunciation, Termination and Deprivation.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

9. TRANSGENDER PERSONS (PROTECTION OF RIGHTS) BILL, 2016


#Parliament (conduct of business)
Why is this topic important for the exam?
• Transgender community is among one of the most marginalized communities in the country because they don't
fit into the stereotypical categories of gender of ‘men’ or ‘women’. Consequently, they face problems ranging
from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and
so on.
• It brings into account the role of all the stakeholders to mitigate the stigma, discrimination and abuse against
this marginalized section and bring them into the mainstream of society.

What is the current context?


• The United Nations Human Rights Council, in a defining vote, adopted a resolution in June, 2016 on “Protection
against violence and discrimination based on sexual orientation, and gender identity”.
• In tune with changes on the global front, the Union Cabinet has approved The Transgender Persons (Protection
of Rights) Bill 2016.

Core: Points to focus


Issue of Fundamental Rights
• Right to equality: Which includes equality before law, prohibition of discrimination on grounds of religion, race,
caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability
and abolition of titles. Right to equality is provided from Article 14 to Article 18 of Indian constitution.
• Right to freedom: Which includes freedom of speech and expression, assembly, association or union or
cooperatives, movement, residence, and right to practice any profession or occupation, right to life and liberty,
protection in respect to conviction in offences and protection against arrest and detention in certain cases. Right
to freedom is provided from Article 19 to 22 of constitution.
• Right against exploitation: Article 23, which prohibits all forms of forced labour, and traffic of human beings.
• Right to constitutional remedies (Article 32)
• Bill passing process, Types of Bills, Passing of a Bill, Joint session of Parliament

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T AND STA
ATE LEGISL
LATURE

Concepts: Po
oints to focu
us
• he first time, a proposed legislation acknow
For th wledges thhe fact thatt the gend
der assigned
d at birth may not
necess
ssarily match
h the perso
on’s own sen
nse of the gender
g theyy belong to.
• The Biill allows a transgende
er person too identify himself/
h herrself as ‘man’, ‘woman’ or ‘transgender’, whiile doing
away with
w the no omenclaturee ‘Other’ tha
at is currenttly in use.
• The teerm ‘transg gender’ refe ers to all those
t who differ in behaviour
b a
and appearance from m the usuall gender
stereo
otypes. It inccludes transssexuals, tra
ansvestites (cross-dressers), interssexed individuals and g
gender quee
ers.
• In the ntext, it also includes social iden
e Indian con ntities such as hijras, kinnars,
k aravvanis, jogta
as, Shiv-sha
aktis and
aradhiis.
• In a la
andmark ru uling in 201
14, the Supreme Courtt recognise ed transgennder as a th
hird genderr; in June 2015,
2 the
court clarified the
e term doess not cover gay, lesbian
n and bisexxual personss.
• Prohib nst discrimination: The
bition again e Bill prohibbits the disccrimination against a transgende er person, including
denial of service or unfair treatment in relation to: (i) education; (ii) emp ployment; (iiii) healthca
are; (iv) acce
ess to, or
enjoymment of go unities available to the
oods, facilitiies, opportu e public; (vv) right to movement;
m (vi) right to
o reside,
rent, own
o or otherwise occu upy properrty; (vii) opp
portunity to
o hold publlic or privatte office; an nd (viii) acccess to a
governnment or private estab blishment inn whose carre or custoddy a transge ender perso on is.
• Certificate of ide
entity for a transgende er person: A transgend der person may make e an applica
ation to the e District
Magisstrate for a certificate of
o identity, indicating the genderr as ‘transgender’. The District M Magistrate will
w issue
such certificate
c based on the e recommendations off a District Screening
S C
Committee. The Comm mittee will comprise:
(i) the
e Chief Me al Welfare Officer; (iii) a psychologist or psychiatrisst; (iv) a
edical Officcer; (ii) Disstrict Socia
repressentative off the transgeender comm munity; and d (v) an officcer of the re
elevant govvernment.
• Offencces and Peenalties: TheT Bill reccognizes th he followingg offences:: (i) beggin ng, forced or bonded d labour
(exclud
ding compu ulsory gove ernment serrvice for pu ublic purposses); (ii) den
nial of use of
o a public place; (iii) denial
d of
residence in houssehold, villa
age, etc.; (iv)) physical, sexual,
s verbal, emotion nal and econnomic abusse.
• Creation of Natio gender persons (NCT)
onal Council for Transg
a)) The NCT
N will con nsist of: (i) Union
U Minisster for Soccial Justice (Chairperso
on); (ii) Minister of Statte for Socia
al Justice
(Vice- Chairperso
on); (iii) Se ecretary of the Ministtry of Social Justice; (iv) one representati
r ive from ministries
m
including Health,, Home Affa airs, Minority Affairs, Housing,
H Hu
uman Resou urces Development, ettc. Other members
m
include representatives of thet NITI Aa
ayog, National Human n Rights Coommission, and Nation nal Commisssion for
Wome en. State g
governmentts will also be represe ented. The Council wiill also conssist of five members from f the
transg
gender community and d five expertts from nonn-governme ental organisations.
b) The Council will advise the central government on
o the form nd monitoring of policcies, legislattion and
mulation an
projeccts with resp
pect to tran
nsgender pe
ersons.
• Finallyy, the Bill a
also states that the re
elevant govvernment will
w take me easures to ensure the e full inclussion and
particiipation of transgende er persons in society. It must also
a take steps
s for th
heir rescue and rehab bilitation,
vocational trainin ng and self-employment, create e schemes that are trransgender sensitive, and promo ote their
particiipation in cu
ultural activvities.

Practice Que
estions
Q28.
Q Which
h of the follo
owing state
ements is/arre correct?
1. The Trransgender Bill allows a transgend
der person to
t identify himself/
h herself as ‘ma
an’, ‘woman’ or ‘transge
ender’.
2. Accord
ding to Sup
preme Courrt third gend
der covers gay,
g lesbian
n and bisexu
ual persons
a)) 1 onlyy

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b) 2 only
c) Both 1 and 2
d) None of the above

Q29. Which of the following statements is/are correct?


1. The Supreme Court recognise transgender as a third gender.
2. The Transgender Bill, 2016, empowers District Magistrate to issue certificate of identity to transgenders
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

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THEME 3

JUD
DICIARY
Y

10.
1 ROLE OF EXECUTIVE
E IN JUD
DICIAL AP
PPOINTM
MENTS
#Judiciary
Why
W is this topic importtant for the
e exam?
• Constiitution of In
ndia provides for the appointmen
a nt of judgess including that of disttrict judge ((Article 233), judges
of Hig
gh Court (A Article 216 and 217) and Supreme Court (Article124)). However,, the method and ma anner of
ntments in higher jud
appoin diciary has always gennerated con ntroversy due
d to overrlapping na ature of leg gislature,
executtive and Juddiciary as envisaged
e in ndia. This has
n the Consttitution of In h led to many
m vacanc
ncies in varioous High
Courts
ts across Inddia.
• Amid the contin nuing tussle
e between the government and d the judiciary over the
t contenttious clause
e in the
Memo orandum off Procedure (MoP) on appointmen
a nt of judgess, the numb
ber of vacan
ncies of Hig
gh Court jud
dges has
grownn to 470 out of the sanctioned
s o 1079 and this has led to an increase in backlog of cases
strength of
impaccting speedy
dy trials.
• Judicia
ary is a co
ommon top ons. Importance given
pic for asking questio n by UPSC is reflected in the nature
n of
questiions asked iin previous years, for e.g.
e

Q.
Q The power of the ndia to decide dispute
e Supreme Court of In es between the Centre
e and the S
States falls under
u its
(#Pre--2014)
(a
a) adviso
ory jurisdiction
(b
b) appelllate jurisdiction
(cc) original jurisdictio
on
(d
d) writ ju
urisdiction
Q.
Q ower to increase the number of ju
The po udges in the
e Supreme Court of Ind
dia is vested
d in (#Pre-2
2014)
(a
a) Presid
dent of India
a
(b
b) Parliam
ment
(cc) Chief Justice
J of In
ndia
(d
d) the La
aw Commisssion
Q.
Q The Government of India Acct of 1919 clearly defined (#Pre-20
015)
(a
a) eparation off power between the ju
the se udiciary and
d the legisla
ature
(b
b) the jurisdiction of the centra
al and provincial goverrnments
(cc) the po e Secretary of State forr India and the Viceroyy
owers of the

(d
d) None of the abovve

What
W is the current
c context?
• In a five-bench
f judgment, Supreme Court decclared Natio onal Judicial Appointtment Com mmission (N NJAC) as
uncon
nstitutional w
which was filed
f by Advvocates on Record Asssociation. Su
upreme Court also reje
ected the prayer for

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reference to a larger Bench and for reconsideration of the Second and Third Judges cases. The decision of
Supreme Court hence has revived the Collegium System as of now.
Core: Points to focus
• Issue of Fundamental Rights: Supreme Court of India has interpreted speedy trial and justice as fundamental
right under Article 21 of the Indian Constitution.
• Article 32 of Indian Constitution provides constitutional remedies in case of violation of basic fundamental rights.
Denial of speedy trial can be challenged under this article.
• ReferArticle 32 including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and
certiorari
• Refer appointment of judges, including that of district judge (Article 233), judges of High Court (Article 216 and
217) and Supreme Court (Article124).

Concepts: Points to focus


• NJAC:NJAC Bill, 2014 was passed by Government of India to change the procedure of judicial appointments and
transfer of judges of High Courts and Supreme Court of India.
a) NJAC, 2014 proposed to establish a National Judicial Appointment Commission which would have replaced the
existing collegium system.
b) The procedure for appointment and transfer of judges are provided in the Indian Constitution but no such
provision for a National Judicial Commission existed. Hence there was a need for a constitutional amendment to
insert NJAC within constitutional boundaries.
c) Thus, through the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014, Article 124A, 124B, 124C
and 224A was added in the Indian Constitution to establish National Judicial Appointment Commission for
appointment and transfer of judges of Supreme Court and respective High Courts.
d) In a five-bench judgment, Supreme Court declared NJAC as unconstitutional which was filed by Advocates on
Record Association. Supreme Court held that the clauses in the amendments were inadequate to preserve the
primacy of the judiciary and the inclusion of Law Minister in NJAC was infringement of both the independence of
judiciary and the doctrine of separation of powers which are basic features of Indian constitution. The Court
asserted that the better functioning of the judiciary shall not be secured at the expense of its independence.
e) Under NJAC act, the executive sought to bring two “eminent persons” into the voting process with veto powers.
As per the Court, this gave immense powers to these eminent people whose appointment was through the
executive.
f) The selection panel with CJI, Prime Minister and Leader of Opposition as members had given major role to
political class which would further reduce role of judiciary in appointment process.
g) Hence, the judiciary with an unprecedented decision, declared 121st constitutional amendment as
unconstitutional citing interference of executive and diluting the provision of separation of judiciary from the
executive. The decision of Supreme Court hence has revived the Collegium System as of now.

• The Collegium System is one where the CJI and a forum of four senior-most judges of the Supreme Court
recommends appointment and transfer of judges of higher judiciary.
• The collegium system evolved through three different judgments which are collectively known as the Three
Judges Cases.

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• 1st Judges Case-- In 1982, Supreme


S Coourt in S.P Gupta
G vs. Union
U of Ind
dia heard a Public Inte
erest Litigattion (PIL)
regardding appoin
ntment of juudges of High Court and
a Suprem me Court. Th
he main queestion befo
ore the courrt was as
to whoose opinion
n amongst various
v partticipants should have primacy
p in the
t process of selection of judgess.
• Supreme Court h held that op
pinions of Chief
C Justice
e of India (C
CJI) and Chiief Justice of
o respectivve High Cou
urts were
merelyy“consultative”and the
e power of appointmen
a nt resides so
olely and exxclusively with
w the Cen ntral Govern
nment.
• Centra
al governme ent “could” override th
he opinionss given by th
he Judges. Thus, the opinion
o of C
Chief Justice
e of India
did no
ot have prim
macy and hiis opinion was
w made in nconsequen ntial in mattters of appo
ointment off High Courrt Judges
under Article 217
7(1).

• 2nd Juudges Case


e- In 1993, a PIL was filed as a wrrit petition in
i S.C. Advo
ocates on Record
R Assoociation v. Union
U of
i Supreme Court by Lawyers Asso
India in ociation. Th
he petition was
w conside ered by a bench of nin
ne judges.
a)) The Court considdered the question
q off “primacy of
o opinion of CJI in re
egard to ap ppointmentt of Suprem
me Court
Judges”. The Court said th hat the que estion had to be connsidered in the context of achie eving consttitutional
purpo
ose of selectting the besst so as to ensure
e the independen
nce of judiciiary and the
ereby prese
erving demo
ocracy.
b) Referrring to “connsultative process” as envisaged in Article 124(2), Courrt emphasizzed that go overnment does
d not
enjoy primacy o or absolute discretion in matterss of appoin ntment of Supreme Court C judge
es. Court said
s that
provission for consultation with
w Chief Justice was in ntroduced as a CJI is besst equipped to know an
nd assess th
he worth
and suuitability of a candidate
e and it wass also necesssary to elim
minate polittical influen
nce.
c)) Thus, selection sh
hould be made
m as a re
esult of “parrticipatory consultative
c e process” where
w Execuutive has thhe power
to act as a mere check on the
t exercise e of power by CJI to acchieve consstitutional purpose.
p Soo,theSuprem me Court
reduceed the rolee of executive in app pointment process so o as to red duce politiccal influencce. Initiation
n of the
propoosal for appo
ointment off a Supreme e Court Jud
dge must be e by the Chiief Justice.

• 3rd Judges Case- The rulin ng of Suprreme Courtt in Advoccates on Re ecord casee was furth
her elabora
ated and
articullated by an
nother nine Judge Ben nch In Re: Presidential
P l Reference
e in 1999. Supreme
S ourt on a reference
Co
made by the Pressident undeer Article 14
43 has laid down
d the fo
ollowing prroposition with
w respectt to appointtment of
Supreme Court ju udges.
a)) In maaking his/he
er recommendation, CJI
C shall co
onsult four senior mo ost Judges of Suprem me Court. Thus,
T the
collegium to makke recomme
endation fo
or appointm
ment shall co
onsist of CJII and four senior most judges.
b) The op
pinion of all members of collegium
m with resp
pect to reco
ommendatio
on shall be in writing.
c)) The views of the
e senior-mo
ost Supremme Court Ju udge who hails from the High CourtC from where the
e person
recom
mmended co omes, must be obtaine
ed in writing
g for collegiium’s consid
deration.
d) If majo
ority of the collegium is against th
he appointmment of a particular
p erson, that person shalll not be ap
pe ppointed.
Even if
i two of thhe judges have
h reservaation again
nst appointm
ment of a particular
p Judge, CJI w
would not press
p for
such appointmen
a nt.
e)) A Highh Court Jud dge of outsttanding merit can be appointed
a a Supreme Court Judg
as ge regardlesss of his sta
anding in
the seniority list b
based on ouutstanding merit and such
s shall be recorded.

• Memo
orandum off Procedure (MoP) on appointmen
a nt of judgess
a)) The prroposal for appointme ent of a Judgge of a High Court sha
all be initiatted by the Chief
C Justice
e of the Hig
gh Court.
Howevver, if the C
Chief Minister desires to
t recomme end the namme of any person
p he sh
hould forwa ard the sam
me to the
Chief Justice
J for h
his considerration.

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b) The Governor as advised by the Chief Minister should forward his recommendation along with the entire set of
papers to the Union Minister of Law, Justice and Company Affairs as early as possible but not later than six weeks
from the date of receipt of the proposal from the Chief Justice of the High Court.
c) If the comments are not received within the said time frame, it should be presumed by the Union Minister of
Law, Justice and Company Affairs that the Governor (i.e. Chief Minister) has nothing to add to the proposal and
proceed accordingly.
d) The Union Minister of Law, Justice and Company Affairs would consider the recommendations in the light of such
other reports as may be available to the Government in respect of the names under consideration. The complete
material would then be forwarded to the Chief Justice of India for his advice.
e) The Chief Justice of India would, in consultation with the two senior most Judges of the Supreme Court, form his
opinion in regard to a person to be recommended for appointment to the High Court. The Chief Justice of India
and the collegium of two Judges of the Supreme Court would take into account the views of the Chief Justice of
the High Court and of those Judges of the High Court who have been consulted by the Chief Justice as well as
views of those Judges in the Supreme Court who are conversant with the affairs of that High Court.
f) After their consultations, the Chief Justice of India will in course of 4 weeks send his recommendation to the
Union Minister of Law, Justice and Company Affairs.
g) The Union Minister of Law, Justice and Company Affairs would then put up as early as possible, preferably, within
3 weeks, the recommendation or the Chief Justice of India to the Prime Minister who will advise the President in
the matter of appointment

Practice Questions
Q30. Which of the following statements with regard to Constitution (One Hundred and Twenty-First Amendment) Bill
is correct?
a) It relates to judicial appointments
b) It relates to executive appointments
c) It relates to police reforms
d) It relates to tax reforms

Q31. The judge of a High Court is appointed by?


a) the Chief Justice of India
b) the Chief Justice of the High Court concerned
c) the President of India
d) the Governor of the concerned State

Q32. Which of the following statements with regard to Judges is/are incorrect?
1. The Judge of a Supreme Court is appointed by the Chief Justice of India in consultation with the President
2. The Judge of a High Court is appointed by the Governor of the state in consultation with Chief Justice of the
High Court
a) 1 only
b) 2 only
c) Both 1 and 2

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d) None of the abovve

11.
1 CHR
RI REVEA
ALS POOR STATE
E OF JAILLS
#Welffare
Why
W is this topic importtant for the
e exam?
• The addministratioon of prison
ns in India iss reeling un
nder colonia
al hangoverr as prisonss are still ad
dministered through
the arcchaic, The P
Prisons Act, 1894.
• The re prisons are long overd
eforms in p due and there had be
een variouss committee
es in the p
past that su
uggested
broad reforms.
• guishing in jails due to
Lakhs of undertriials are lang o delay in trrial and thus it is violattive of fund
damental rig
ghts and
humann rights.
• uggestions wasgiven by
The prrominent su b Mulla Committee on
n Prison Refforms.

What
W is the current
c context?
• A receent report by the Na ational Crim
me Recordss Bureau (N NCRB) reve
ealed that thet countryy’s 1,401 ja ails hold
4,19,623 prisonerrs against th he capacity of 3,66,781
1 revealing the
t poor sta
ate of priso
ons in India. This revela
ation was
follow
wed by a Sttate-by-Statte analysis of the Prisson Reform m Programm
me (PRP) byy the Commonwealth h Human
Rightss Initiative (C
CHRI). Natio
onal Human n Rights Coommission (NHRC)
( has taken a strrong stand aagainst thiss.

Core:Points to
t focus
• Article
e 21 of theC
Constitution nity for all persons, little appearsto
n requires a life of dign o have chan
nged on the
e ground
as far as prisonerrs are conce
erned.
• Prison
n is a State subject under Entry 4 of List II-S
State List off the Seven onstitution of India.
nth Schedule to the Co
The managemen
m nt and adm omain of the respective state
ministration of Prisons hence fallss exclusivelly in the do
governnments.
• The addministratio
on and mannagement of
o prisons iss governed by The Prissons Act, 18
894 and the
e Prison Ma
anuals of
the respective Sta
ate Governm
ments.
• Sectio
on 436A of tthe Criminal Procedure
e Code, 197
73 (CrPC) dirrects all Sta ase undertriials in prison.
ates to relea
• This se
ection state
es that if an
n under tria
al has been in jail for more
m than half of the maximum punishment for the
crime he is charged with, he e should be released on
n personal bond
b witho
out bail.
• This se
ections keeps aside the
e prisoners who may attract
a erm or capital punishm
life te ment.

• NCRB
a)) The National
N Criime Recordds Bureau (NCRB) is ana Indian governmen
g nt agency responsible
r for collectting and
data as defined by the Indian Pena
analyssing crime d al Code (IPC
C).
b) NCRB is headqua
artered in New
N Delhi an e Affairs (MHA), Government of In
nd is part of the Ministtry of Home ndia.
c)) The cu
urrent Direcctor of NCRB is Radha Krishna Kini A (IPS)

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• NHRC
a) The National Human Rights Commission(NHRC) of India is an autonomous public body constituted in 1993
under the Protection of Human Rights Ordinance. It was given a statutory basis by The Protection of Human
Rights Act, 1993 (TPHRA).
b) The NHRC is the national human rights institution, responsible for the protection and promotion of human
rights, defined by the Act as "rights relating to life, liberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants".
c) The NHRC consists of:
- A Chairperson, retired Chief Justice of India
- One Member who is, or has been, a Judge of the Supreme Court of India
- One Member who is, or has been, the Chief Justice of a High Court
- Two Members to be appointed from among persons having knowledge of, or practical experience in,
matters relating to human rights
- In addition, the Chairpersons of four National Commissions of (1.Minorities 2.SC and ST 3.Women) serve as
ex officio members.
- Chairperson: The current chairperson of the NHRC is Ex-CJI, Shri H.L. Dattu.

Concepts:Points to focus
• The Ministry of Home Affairs has recently approved a New Prison Manual 2016, which aims at uniformity in laws,
rules and regulations governing the administration of prisons and the management of prisoners across India.
• The new manual has given special attention on access to free legal services(Article 39A of the Indian
Constitution), the needs of women prisoners, rights of prisoners sentenced to death, modernization and
computerization of prisons, provisions for children of women prisoners, inspection of prisons, etc.
• Guidelines includes Under-trial Review Committee to be set up in each district, earliest release of under trials as
per the provision of law, empanelling competent lawyers for the under trials, improvement in the living
conditions of jails specially for women, Management Information System (MIS) to be in place in all jails and
annual review of the implementation of the Model Prison Manual 2016.

Practice Questions
Q33. The access to free legal service has been enshrined in
a) Article 38
b) Article 38A
c) Article 39A
d) Article 39(d)

Q34. Which of the following Acts constitutes the National Human Rights Commission of India (NHRC)?
a) National Human Rights Commission of India Act, 1993
b) Indian Human Rights Act, 1995
c) Indian Civil Rights Act, 1968
d) The Protection of Human Rights Act, 1993

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THEM
ME THRE
EE| JUDICIARY

Q35.
Q Who shall
s appoin
nt the Chairrperson and
d Members of Nationall Human Rig
ghts Comm
mission (NHR
RC) in India?
a)) The Prrime Minister
b) The Prresident
c)) hief Justice of India
The Ch
d) The Sp
peaker of Lo
ok Sabha

Q36.
Q Which
h of the follo
owing shall be deemed
d members of Nationa
al Human Riights Comm
mission (NHRC)?
I. The chairperson
c of the Natiional Comm
mission for Minorities
M
II. The chairperson
c of Nationa
al Commission for the Scheduled
S C
Castes
IIII. The chairperson
c of Nationa
al Commission for the Scheduled
S T
Tribes
IV
V. The chairperson
c n of Nationa
al Commissiion for Wom
men
a)) I, II and III
b) II, III and IV
c)) I, III an
nd IV
d) I, II, III and IV

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ECIAL EDITION | RA
AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME FOUR| CENTRE-STATE RELATIONS

THEME 4

CENTRE-STATE RELATIONS

12. DEMAND FOR SPECIAL CATEGORY STATUS BY ANDHRA PRADESH


#Centre-State relations
Why is this topic important for the exam?
• States that come under special category status get preferential treatment in getting Central funds assistance.
• For instance, Normal Central Assistance (NCA), the main assistance for state plans, is split to favour special
category states. The nature of the assistance varies for special category states.
• NCA is split into 90% grants and 10% loans for Special Category States while the ratio between grants and loans
is 30:70 for other states.
• Centre-State relations is again a common area for asking questions. Importance given by UPSC is reflected in the
nature of questions asked in previous years, for e.g.

Q. Which of the following are associated with ‘Planning’ in India? (#Pre 2014)
1. The Finance Commission
2. The National Development Council
3. The Union Ministry of Rural Development
4. The Union Ministry of Urban Development
5. The Parliament
Select the correct answer using the code given below.
(a) 1, 2 and 5 only
(b) 1, 3 and 4 only
(c) 2 and 5 only
(d) 1, 2, 3, 4 and 5
Q. The Government of India has established NITI Aayog to replace the (#Pre 2015)
(a) Human Rights Commission
(b) Finance Commission
(c) Law Commission
(d) Planning Commission
Q The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a
resolution to that effect is passed by the (#Pre 2016)
(a) Lok Sabha by a simple majority of its total membership
(b) Lok Sabha by a majority of not less than two-thirds of its total membership
(c) Rajya Sabha by a simple majority of its total membership

(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

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THE
EME FOU
UR| CENT
TRE-STAT
TE RELA
ATIONS

Q.
Q Thoug gh the federal principle
e is dominaant in our Constitution
C n and that principle
p is one
o of its b
basic featurees, but it
is equ
ually true thhat federalism under the
t Indian Constitutio
C n leans in favour
f of a strong Ceentre, a featture that
militattes against the concep
pt of strong federalism.. Discuss. (#
#Main 2014))
Q.
Q The concept
c of cooperativve federalism has be
een increassingly emp
phasized in
n recent yeears. Highlight the
drawbbacks in th he existing structure and the extent to which coo ederalism would ansswer the
operative fe
shortccomings. (#Main 2015))
Q.
Q What is the basis of region
nalism? Is itt that uneq
qual distribu enefits of developmen
ution of be nt on region
nal basis
eventu
ually promo
otes regiona
alism? Subsstantiate your answer. (#Main 201 16)

Q.
Q Co-op
perative federalism: Myyth or Realitty. (#Main 2016)
2

What
W is the current
c context?
• eparation of State of Telangana
The se T frrom Andhra
a Pradesh has
h led to th
he demand
d of Special Category Status
S by
Andhrra Pradesh.
• The demand
d forr special sttatus for Andhra
A Prad
desh has le
ed to State otests and heated debates in
e-wide pro
Parliam
ment. The C
Centre has yet
y not acce epted the demand for a special status.

Core and Co
oncepts:Poin
nts to focuss
• Financcial Governa
ance:Financce Commisssion
a)) Underr Article 280
0 of the Ind
dian Constittution, the President
P b order ma
by ay constitute a Finance
e Commissio
on every
five ye
ears, or eaarlier which shall comprise of a Chairman and four other
o members to be e appointed
d by the
President.
b) It cam 51. The chaiirperson of first finance
me into existtence in 195 e commissio
on was K.C.. Neogy
c)) Its primary job iss to recomm mend meassures and methods
m on
n how reven nues need to
t be distributed betwween the
Centree and statess. Besides suggesting
s the
t mechan nism to sha
are tax revenues, the Commission
C also lays down
d the
princip o states and other local bodies.
ples for giviing out grant-in-aid to
d) The Prresident sha
all cause evvery recomm
mendation made
m by th
he Finance Commission
C n to be laid before eacch House
of Parliament toggether with an explanatory memorandum as to the actio
on taken the
ereon.

• Specia
al Category Status (SCS
S)
a)) The co
oncept of a SCS was first
f introdu
uced in 19669 after thee recommen ndations off the 5th Finance Com
mmission.
The Co
onstitution does not in
nclude any special
s provvision for a Special Cattegory Statu
us (SCS) Sta
ate.
b) Howevver, certain
n states were historica
ally disadvantaged in contrast to ue its physical terrain and low
o others du
productivity and revenue oppportunity hence
h S States have been granted in the past
Central plan asssistance to SCS
by the
e erstwhile N
National De
evelopmentt Council (NNDC).
c)) The NDC
N granted this statu
us based ono a numbe er of featurres of the States whicch included d: hilly and difficult
terrain
n, low population denssity or the presence
p of sizeable tribal populattion, strateg
gic location along interrnational
borders, economic and infra astructural backwardne
b ess and non n-viable natuure of Statee finances.
d) Initially, three states namely Assam, Na
agaland and
d Jammu & Kashmir weere granted atus. This status was
d special sta
extend ded to eigh a Arunach
ht more states which are hal Pradesh
h, Himachall Pradesh, Manipur,
M M
Meghalaya, Mizoram,
M
Sikkim
m, Tripura an
nd Uttarakh
hand.
e)) Recently, Fourteeenth Finance Commisssion headed by Dr. Y.V. Reddyy has abolished the concept off special
catego
ory status as it has incrreased state
es’ share of central taxe
es from 32%
% to 42%.

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NANCE
THEME FOUR| CENTRE-STATE RELATIONS

Practice Questions
Q37. Which of the following statements is/are correct?
1. The President shall at the expiration of every fifth year or at such earlier time by order, constitute a Finance
Commission which shall consist of a Chairman and four other members to be appointed by the President.
2. The provisions for Finance Commission is given under Article 262 of the Indian Constitution.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

Q38. Which of the following best describe the efforts of Finance Commission?
1. To recommend distribution of the net proceeds of taxes between Union and the States
2. To recommend principles which should govern the grantsin-aid of the revenues of the States out of the
Consolidated Fund of India
3. To recommend measures needed to augment the Consolidated Fund of a State to supplement the resources of
Panchayats and Municipalities in the State
4. To recommend financing of Disaster Management with reference to the National Calamity Contingency Fund
and the Calamity Relief Fund and the funds envisaged in the Disaster Management Act, 2005
a) 1,2 and 4
b) 1,2 and 3
c) 1, 3 and 4
d) 1, 2, 3 and 4

Q39. Which of the following statements is/are correct?


1. The fourteenth finance commission has increased states’ share of central taxes from 32% to 42%.
2. The fourteenth finance commission has emphasised on special category status to states.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

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FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
THEME FIVE|
F GO
OVT. POL
LICIES AN
ND DEVE
ELOPMEN
NT PROC
CESSES

THEME 5

GOV
VT. POLLICIES AND
A DE
EVELOP
PMENT PROCE
ESSES

13.
1 SING
GUR LAN
ND ISSUE
E
#Government d
developme
ent policiess
Why
W is this topic importtant for the
e exam?
• Land acquisition
a in India is a burning issue and hass often led to conflicts.
• India is
i a fast-gro
owing econo
omy and th o pressure on the dive
here is lots of ersion of lan
nd for indusstrial purpo
oses.
• This brings
b into p
picture the issue of jusst and wilful land acqu
uisition alon
ng with payyment of de
ecent compensation
and re
ehabilitation
n of displaced commun nities.
• n by UPSC is reflected in the naturre of questions asked in
Imporrtance given i previous years, for e
e.g.

Q.
Q The right to fair compensattion and tra
ansparency land acquisition, reha
abilitation and
a resettlement act, 2013
2 has
come into effectt from 1 January 2014 4. What implication would
w it havve on indusstrialization
n and agriculture in
India? (#Main - 2
2013)

What
W is the current
c context?
• The Suupreme Court in a majjor ruling directed
d the
e West Beng
gal Governmment to retturn to the owners all the land
acquirred by the West Bengal Industria al Developmment Corpo
oration for TATA
T Nano o project in the garb of
o public
purpo
ose at Singur in Hooghly district.
• The Supreme Co ourt held th
hat under the
t Land Accquisition (1894)
( Act, the Collecttor in exerccising quasi-judicial
powerrs did not aw
ward just and reasonable compennsation to the landown ners/cultivators.

Core:Points to
t focus
• es of State Policy
Directive Principle
a)) Principples of Policy:Article 39 says thatt while framming policiees, state wo
ould strive to
t provide a
adequate means
m of
liveliho
ood, resourrce distributtion, safety of citizens and healthyy developmment of child
dren.
b) Article
e 46 says that the Staate shall prromote with h special care the educational and
a econom
mic interestts of the
weake er sections of the people, and, in
n particular,, of the Sch
heduled Castes and th
he Schedule
ed Tribes, and
a shall
protecct them from
m social inju
ustice and all
a forms of exploitatioon.

• The La
and Acquisition Act, 18
894
a)) It is a British era law that govverned the process of land acquissition in Ind
dia until 201
13. It allowe
ed the acquisition of
land fo or some ‘pu ublic purpo
ose’ by a go
overnment agency
a from
m individua al landowne ers after payying a goveernment-
determ mined comp pensation to cover lossses incurred
d by landowwners from surrenderin ng their landd to the ageency.
b) The British had never defin ned the woords "publicc purpose" in a straig
ghtforward manner, w
which meantt that in
theoryy as well ass in practicce, a government could acquire land for an ny purposee they wantted, and te
erm their

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THEME FIVE| GOVT. POLICIES AND DEVELOPMENT PROCESSES

purpose "public purpose".Now a new Act, The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, replaced this law.
• The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR)
Act, 2013 (also Land Acquisition Act, 2013).
• It is an Act that regulates land acquisition and lays down the procedure and rules for granting compensation,
rehabilitation and resettlement to the affected persons in India.
a. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to
the process of acquisition of land to set up factories or buildings, infrastructural projects and assures
rehabilitation of those affected.
b. The Act establishes regulations for land acquisition as a part of India's massive industrialisation drive driven by
public-private partnership.
c. The Act sets out the categories of projects that would fall under public purpose, and allows acquisition for private
companies’ subject to provisions related to consent, compensation and rehabilitation.
• Property rights
Right to property was a fundamental right under Article 19(1)(f) which guaranteed to Indian citizens a right to
acquire, hold and dispose of property. Article 19(5) however permitted the state to impose by law reasonable
restrictions on this right in the interests of the general public or for the protection of the interests of any
Scheduled Tribe.
Article 19(1)(f) and some provisions of Article 19(5) has been repealed by the Constitution (Forty-fourth
Amendment) Act, 1979. Instead by the very same amendment, Article 300A was introduced in the Constitution.
As per Article 300A, no person shall be deprived of his property save by authority of law. Hence, after the
Constitution Forty-fourth Amendment, Right to Property ceased to be a fundamental right but still continues as a
constitutional right.
The major difference between a fundamental right and a constitutional right is that in cases of violation of
fundamental rights one can directly approach the Supreme Court by filing a writ under Article 32 of the
constitution, and this right to approach the Supreme Court for violation of fundamental rights is a fundamental
right in itself, in the form of Article 32 of the constitution. This right to directly move Supreme Court for violation
of your rights is not available for constitutional rights.

Practice Questions
Q40. Which of the following amendments removed Right to Property as Fundamental Right?
a) 42nd Amendment
b) 44th Amendment
c) 51st Amendment
d) 57th Amendment

Q41. Which of the following statements is/are correct?


1. The Land Acquisition Act, 1894allowed the acquisition of land for some ‘public purpose’ by a government.
2. The Land Acquisition Act, 2013 has adopted same procedures of ‘public purpose’ as mentioned in 1894 Act.
Choose the correct code
a) 1 only

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THEME FIVE|
F GO
OVT. POL
LICIES AN
ND DEVE
ELOPMEN
NT PROC
CESSES

b) 2 onlyy
c)) Both 1 and 2
d) None of the abovve

14.
1 COM
MPETITIV
VE BIDDIING THR
ROUGH SWISS
S C
CHALLEN
NGE MET
THOD
#Government d
developme
ent policiess
Why
W is this topic importtant for the
e exam?
• Requirrement of ffaster and quality
q infra
astructure developmen
d nt is becom
ming more and
a more im
mportant to
o sustain
and im
mprove grow wth and hoolistic develo
opment in the
t countryy.
• This re
equires targ
geted feasib
bility studiess, and faster approvalss, thus impa
acting ‘Ease of doing business’ ran
nking.
• b visible across the country rather than skew
This approach should also be wed in few states
s owth areas only. So,
or gro
this re etter method for projecct developm
equires a be ment.

What
W is the current
c context?
• The Centre
C planns to introoduce com mpetitive bidding
b am
mong states for infra astructure projects, hospitals,
h
educational instittutions and for hosting
g national events on th
he basis of Swiss
S Challe
enge Methood.
• Depen
nding on th he issue, sta
ates would haveh to com
mpete overr ease of pro oviding land, extent off fiscal conccessions,
conne
ectivity, provvision of utiilities, speed
dy statutoryy clearancess, and quan
ntum of emp ployment too be genera ated.

Core and Co
oncepts: Points to focuss
• Swiss Challenge M
Method
a)) method is a new proce
Swiss challenge m ess of award
ding contraccts to the most
m compe
etent bidderr for projectts.
b) Any pe
erson with credentials can submitt a developm
ment propo
osal to the governmen
g t.
c)) That proposal
p will be made
e online an ersons/partiies can give suggestio
nd other pe ons to improve and beat
b that
propo
osal.
d) If a thiird party’s b
bid is more efficient, th der will be asked to resubmit a fresh bid.
he first bidd
e)) If the first bidde
er comes up p with a be osal, it getss the projecct, and if itt fails, the one with the more
etter propo
efficient bid wins the projectt.

• Swiss Challenge m
method nott approved by a government com
mmittee
a)) The Dr.
D V. Kelkaar Committtee on Revvisiting &Re
evitalising the
t PPP model of Inffrastructure
e Developm
ment has
suggeested in on
ne of its recommend
r dations that unsoliciteed Proposa
als (“Swiss Challenge””) may be actively
discou
uraged.
b) Because proposaals through Swiss Challenge Method has the potential to bring infoormation assymmetries into the
procurement proocess and may
m result in ansparency and fair an
n lack of tra eatment of potential bidders in
nd equal tre
the prrocurement process. However, the
e governme ent has yet not
n accepteed the said report.

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AU’S C3 JO
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C 2017 | POLITY & GOVERN
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THEME FIVE| GOVT. POLICIES AND DEVELOPMENT PROCESSES

Practice Questions
Q42. The Swiss Challenge Method is related to
a) Awarding of development contracts
b) Global warming
c) Disaster Management
d) Financial Management

15. RIGHT TO SAFE WATER


#Parliament (conduct of business)
Why is this topic important for the exam?
• Water is the common heritage of the people of India and is essential for the sustenance of life in all its forms.
• Water is an integral part of the ecological system, sustaining and being sustained by it and is a basic requirement
for livelihoods.
• Water is a necessary input for economic activity such as agriculture, industry and commerce and a means of
transportation, recreation and an inseparable part of a people’s landscape, society, history and culture.
• Recently, the scarcity of water has increased due to various environmental and other reasons and has resulted in
conflicts over surface and ground water becoming more common by the day. Hence it becomes imperative on
the part of the state to not only preserve water but also ensure its availability for equitable use by all.
• Hence, the government has for the firsttime enacted draft legislations on right to safe drinking water and use of
ground water, as water is becoming a scarce commodity in India and many states are reeling under the loss of
underground water table due to deficient monsoon.

What is the current context?


Following are the two-draft legislations being enacted by the Ministry of Water Resources:
• National Water Framework Bill, 2016 and
• Model Bill for the Conservation, Protection, Regulation and Management of Groundwater, 2016.
These proposed laws on water promises to give every person the right to a minimum amount of “safe water”, while
making the state “obliged” to “protect” and conserve water.

Core:Points to focus
• Issue of Fundamental Rights: Supreme Court of India has recognised the fundamental right to water as integral
to the right to life and has further specified variously the corresponding duties of the state protected under Right
to Life guaranteed under Article 21 of the Indian Constitution.
• Article 15 of Indian Constitution has been taken care of as there is no discrimination envisaged by the
government on the right to safe drinking water.
• Directive to State: In addition to Article 21, Article 39 (b) of the Directive Principles of State Policy recognizes the
principle of equal access to the material resources of the community.
• Article 39 (b) mandates that ‘the State shall, in particular, direct its policy towards securing that the ownership
and control of the material resources of the community is so distributed as best to subserve the common good.

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FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
THEME FIVE|
F GO
OVT. POL
LICIES AN
ND DEVE
ELOPMEN
NT PROC
CESSES

Hencee, it becommes the dutty of state to provide


e an overarrching natio
onal legal framework
f with principles for
protecction, conse
ervation, reg
gulation and
d managem
ment of water.
• Other areas to bee revised (also covered
d earlier in this
t module ng process, Types of Biills, Passing of a Bill,
e):Bill passin
Joint session
s of P
Parliament

Concepts:Po
oints to focu
us
• Nationnal Water Policy: Na ational Watter Policy is formulated by the e Ministry of Water Resourcess of the
Goverrnment of In anning and developme
ndia to govvern the pla ent of waterr resources and their o
optimum uttilization.
The firrst National Water Pollicy was adoopted in Se
eptember, 1987.
1 It wass reviewed and
a update ed in 2002 and
a later
in 201
12. The salie
ent features of the NWP 2012 are:
a)) Empha asis on the need for a national water
w framew
work law, comprehenssive legislation for optiimum deve
elopment
of inte
er-State rive
ers and river valleys, am
mendment of
o Irrigation
n Acts, etc.
b) Waterr, after mee
eting the pre-emptive
p e needs forr safe drinkking water and sanita ation, achieeving food security,
suppo
orting poor people dependent on n agriculturre for their livelihood and
a high priority alloccation for minimum
m
eco-syystem needs, be treate
ed as econo
omic good so
s as to pro omote its coonservation and efficiennt use.
c)) Ecologgical needs of the riverr should be determined by recogn nizing that river flows are charactterized by lo
ow or no
flows, small flood
ds, large flo
oods and floow variability and should accomm modate devvelopment needs. A po ortion of
river flows
f should be kept aside to meet
m ecologgical needs ensuring that
t the prroportional low and high flow
releasees correspo
ond in time closely to the
t natural flow
f regime
e.
d) Adapttation strate
egies in vieew of clima anagement of water resources sttructures
ate change for designiing and ma
and re
eview of accceptability criteria
c has been emphhasized.
e)) A system to evolvve benchma arks for watter uses forr different purposes,
p i.e
e., water foo
otprints, and
d water audditing be
develo
oped to enssure efficien
nt use of wa
ater. Project financing has been suggested as a a tool to incentivize efficient
& economic use of water.
f) Setting
g up of Water Regulattory Authorrity has been recomme
ended. Incen
ntivisation of
o recycle a
and re-use has
h been
recommmended.
g) Waterr Users Associations should be given
g statuttory powers to collectt and retain n of water charges,
n a portion
manag ge the volumetric quuantum of water allotted to the em and maintain
m the on system in their
e distributio
jurisdiction.
h)) Removval of larg
ge disparityy in stipula
ations for water supply in urban areas and
a in rural areas has been
recom
mmended.
i) Waterr resources projects an e managed with comm
nd servicess should be munity partticipation. WWherever the State
Goverrnments or local governing bodie es so decid
de, the private sector can be enccouraged to o become a service
providder in publiic private partnership
p model to meet agree ed terms off service de
elivery, including pena
alties for
failure
e.
j) Adequuate grantss to the Sta
ates to upddate technoology, design practicees, planningg and man nagement practices,
p
preparation of an
nnual waterr balances and
a accountts for the siite and basiin, preparattion of hydrrologic bala
ances for
water systems, an
nd benchma arking and performancce evaluatio
on.
• Justice bia committee: The Ministry of Water
e T. S. Doab W Resou ommittee under the
urces also constituted another Co
Chairmmanship of Justice T. S.
S Doabia to o study thee activities that
t are req
quired for optimum
o de
evelopmentt of river
basin and change es required in the existting River Board Act, 19956 for achievement ofo the same..
• Dr.Mih
hir Shah Co
ommittee:Thhis committtee was con
nstituted to he provisions of the draft National Water
o examine th
Frame
ework Law a and draft River
R Basin Manageme ent Bill and suggest ch
hanges/ moodifications therein takking into

46
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AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
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THEME FIVE| GOVT. POLICIES AND DEVELOPMENT PROCESSES

account the emerging challenges in the water sector, reuse of waste water after treatment, the likely impact of
climate change on water resources, importance of river restoration/rejuvenation, water contamination issues etc.
• National Water Framework Bill is a right based legislation where every person will have a right to sufficient
quantity of safe water for life within easy reach of the household regardless of caste, creed, religion, community,
class, gender, age, disability, economic status, land ownership and place of residence.

Practice Questions
Q43. Which of the following articles of the Indian Constitution prohibits discrimination on the use of wells, tanks,
bathing ghats?
a) Article 15
b) Article 16
c) Article 17
d) Article 18

Q44. Which of the following articles of the Indian Constitution directs the state that the ownership and control of the
material resources of the community are so distributed to serve the common good?
a) Article 39A
b) Article 39(b)
c) Article 40
d) Article 44

Q45. Which of the following statements is/are correct?


1. Water is primarily mentioned in State List.
2. It is subject to provisions in the Union List which enables the Union to deal with inter-State rivers if Parliament
legislates for the purpose.
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

16. CAUVERY WATER DISPUTE


#Government policies and interventions for development
Why is this topic important for the exam?
• Cauvery water dispute is a very long standing water sharing issue between Karnataka and Tamil Nadu.
• It became more pressing due to two consecutive years of poor monsoon and thus it led to increased demand on
the water of River Cauvery.
• Water sharing disputes are becoming more pressing in India because of irregular monsoons, poor water
management leading to water scarcity.

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• Imporrtance given
n by UPSC is reflected in the naturre of questions asked in
i previous years, for e
e.g.

Q.
Q Presen
nt an accouunt of the In
ndus Waterr Treaty and d examine its mic and political implica
i ecologiccal, econom ations in
the co
ontext of changing bila
ateral relatio
ons. (#Main-2016)
Q.
Q Waterr disputes b
between stattes in Federral India. (#Main-2016))

What
W is the current
c context?
• The Suupreme Co ourt has dire
ected the Centre
C to co
onstitute a Cauvery Managemen
M t Board and by this itt created
space for the watter-sharing dispute to be handledd in a scienttific and ressponsible manner
m by a legally con
nstituted
techniical body.
• oard, assisted by a reg
The bo gulation com
mmittee, is the mecha
anism prescribed by th
he Tribunal in its final order
o for
implem
menting its award.
• It will be a techhnical bodyy consisting g of irrigattion engine eers and agronomists
a s, and will have inde ependent
memb bers as welll as represe
entatives off the basin States. It can formulate the man
nner in whicch water sh
hould be
sharedd in a seaso
on of distresss.

Core: Points to focus


• Waterr is included
d in the statte list of the
e Constitution. It can be
b subject to the Centrre’s arbitrattion if, and only
o if, it
involves a clear case of conflict or dispu ute.
• The Innterstate River Water Disputes Act,
A 1956 (IR RWD Act) is i an Act of
o the Parlia ament of In ndia enacteed under
e 262 of Constitution of
Article o India on the eve of reorganizattion of state es on linguistic basis tto resolve th
he water
uld arise in the use, control and distribution of an intersstate river or river valle
disputtes that wou ey.
• Thus, Article 262 of the Indian Constitu ution provid
des a role for
f the Cenntral govern djudicating conflicts
nment in ad
surrou
unding interr-state riverrs that arise
e among thee state/regional govern
nments.
• Whenever the rip parian states are not able to reach
h amicable agreementts on their own
o in sharring of an in
nterstate
river waters,
w sectiion 4 of IRW
WDActprovides disputee resolution
n process in the form of
o Tribunal.
• When the tribunaal final verd
dict is issued, based on
n the delibe
erations on the draft verdict
v acce
epted by the
e central
govern
nment and d notified in the official gazette, the verd dict becommes law an nd binding on the sttates for
implem
mentation.
• In 19990, the Cauvvery Water Tribunal (C t Inter-Sttate Water Dispute Acct (ISWD) to
CWT) came up under the o resolve
the isssue of Cauvvery.
• Cauve ery river originates from Talakave eri, Kodagu in Karnataaka. Flowing
g through south
s and east Karnattaka, the
river enters
e Tamiil Nadu and d enters intto the Bay of Bengal through
t tw
wo principal mouths in
n Poompuha ar, Tamil
Nadu. The river hhas basin areea in Tamil Nadu, Karn ala and Puducherry.
nataka, Kera
• Imporrtant tributa aries of Ca auvery:theShimsha, thee Hemavatti River, Ho
onnuhole River,
R Laksh
hmana Tirth
ha River,
Kabinii River, Bhavvani River, the
t Lokapavvani River, the
t Noyyal River, Amarravati River..
• Dams built across Cauvery River:Amara
R avathi dam,, Kabani dam, Krishnarrajasagar da
am, Mettur dam, Uppe
er anicut
dam.

Concepts: Po
oints to focu
us
• The major
m conflicct over sharring river water is betw
ween Tamil Nadu and Karnataka and
a it goes back to Brritish era,
when the erstwh hile Madrass Presidenccy and the then Myso Karnataka) signed an agreementt on the
ore state (K

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sharing of the river's waters in 1924. The agreement was to be valid for 50 years and then it would be subject to
a review.
• However, after Independence, both states expressed their objections to the British-era agreement and the issue
was taken up over several rounds of talks.
• The Cauvery issue blew up because of the increase in demand for its water. The rise in demand was primarily due
to three reasons.
a) First, the expansion of cities such as Bengaluru and Mysuru.
b) Second, the drying up of other water sources, including groundwater, in these regions due to excessive
exploitation and contamination.
c) Third, the growth of water-intensive but not necessarily water-efficient crops over the years. The Cauvery
Tribunal has in its report advised against the cultivation of water-intensive crops, especially in rainfall-deficit
years.
• Water sharing disputes across the country (and even beyond) are only going to escalate with increasing demand
and increasing pollution and losses reducing the available water. Climate change is likely to worsen the situation
as monsoon patterns change, water demand goes up with the increase in temperatures, glaciers melt and sea
levels rise.
• The ongoing Cauvery water dispute has once again put the focus on inter-State river water-sharing disputes in
India. Some of the water disputes that are ongoing now include
a) the Mahadayi water dispute among Goa, Karnataka and Maharashtra;
b) the Vansadhara water dispute between Odisha and Andhra Pradesh;
c) the Krishna water dispute involving Maharashtra, Karnataka, Telangana and Andhra Pradesh; the Cauvery water
dispute; and
d) the Ravi Beas dispute involving Punjab, Haryana, Rajasthan and Himachal Pradesh.

Practice Questions
Q46. The famous Cauvery water dispute involves which of the following two states?
a) Karnataka and Maharashtra
b) Karnataka and Kerala
c) Kerala and Tamil Nadu
d) Karnataka and Tamil Nadu

Q47. Which of the following statements is/are correct?


1. Article 262 of the Indian Constitution provides a role for the Central government in adjudicating conflicts
surrounding inter-state rivers.
2. The Interstate River Water Disputes Act, 1956 (IRWD Act) is an Act of the Parliament of India enacted under
Article 262 of Constitution of India on the eve of reorganization of states on linguistic basis to resolve the water
disputes.
Choose the correct code
a) 1 only
b) 2 only

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c)) Both 1 and 2


d) None of the abovve

Q48.
Q Which
h of the follo
owing is no
ot a tributaryy of River Cauvery?
C
1. Shimsha
2. Hemavati
3. Lakshm
mana Tirtha
a
4. Kabinii River
a)) 1 onlyy
b) 2 onlyy
c)) 3 and 4 only
d) None of the Abovve

Q49.
Q Which
h of the follo
owing dams are built across
a Riverr Cauvery?
1. Amara
avathi dam
2. Kaban
ni dam
3. narajasagar dam
Krishn
4. Mettur dam
a)) 1 and 3
b) 2 and 4
c)) 1 and 4
d) 1, 2, 3 and 4

17.
1 SUPREME CO
OURT VIIEW ON SUTLEJ YAMUN
NA CANA
AL (SYL)
#Government p
policies and
d interventtions for development
Why
W is this topic importtant for the
e exam?
• The co
onstruction of Sutlej Ya
amuna link canal is a bone
b of contention bettween Punja
ab and Haryyana.
• It beca
ame more p pressing du
ue to two co
onsecutive years
y of poor monsoon and thus it led to inccreased dem
mand on
the waater sharing
g.
• Waterr sharing d
disputes aree becoming g more prressing in India
I because of irre
egular mon
nsoons, poo
or water
managgement leadding to watter scarcity.

What
W is the current
c context?
• Five Ju
udge Consttitutional Be
ench of Sup
preme Courtt ruled thatt Punjab had
d no right to
t unilaterally terminatte water-
sharing agreeme ents with neighbouring states an
nd declared d “Punjab Termination
T n of Agreemment Act, 2004”
2 as
unconnstitutional.
• The matter
m was ra
aised as a Presidential
P Reference under Articcle 143 of th
he Indian Co
onstitution.

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Core:Points to focus
• Sutlej Yamuna Link
a) The Sutlej Yamuna Link Canal (SYL) is a proposed 214-kilometer-long canal to connect river Sutlej and Yamuna
along the states of Punjab and Haryana.
b) Sutlej river originates near Lake Rakshastal in Tibet then enters India at Shipki La pass in Himachal Pradesh and
flows south west through Punjab before entering Pakistan.
c) Whereas river Yamuna originates from Yamunotri glacier of lower Himalayas in Uttrakhand. It initially flows south
and then take left turn towards south east before meeting river Ganga at Allahabad.

Concepts:Points to focus
• The entire issue erupted with the partition of India in 1947 which also resulted in partition of Punjab by the
recommendation of Radcliffe Commission. The issue of separation of riparian and non-riparian states came to
the core as major rivers flowed to the then created Pakistan.
• The dispute between Indian and Pakistan was settled through the Indus Water Treaty, 1960. However, the
disputes between the Indian states still remained.
• In January 1955, the states of Punjab, PEPSU- (State of Punjab, Patiala and East Punjab States Union), Rajasthan
and Jammu & Kashmir came to an agreement regarding the distribution of water from the rivers Sutlej, Ravi and
Beas.
• The dispute over sharing of river water emerged after re-organisation of states in 1966 when PEPSU was added
to Punjab and a separate state was carved out from Punjab namely Haryana.

Practice Questions
Q50. The Sutlej Yamuna Link Canal (SYL) is a proposed 214-kilometer-long canal to connect river Sutlej and Yamuna
between
a) Punjab and Himachal Pradesh
b) Punjab and Haryana
c) Haryana and Rajasthan
d) Rajasthan and Punjab

Q51. River Sutlej originates near Lake Rakshastal in Tibet then enters India at Shipki La pass in
a) Himachal Pradesh
b) Jammu and Kashmir
c) Uttrakhand
d) Uttar Pradesh

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18.
1 CENSUS DAT
TA ON LITERACY
L Y
#Issue
es relating
g to develo
opment and management of so
ocial sector/services
Why
W is this topic importtant for the
e exam?
• The In
ndian Censuus is the most crediblee source off informatioon on Dem mography, Economic Activity, Literracy and
Education, Houssing & Ho ousehold Amenities,
A U
Urbanisatioon, Fertility and Morttality, Scheeduled Casstes and
Scheduled Tribess, Language
e, Religion, Migration,
M Disability an
nd many otther socio-ccultural and
d demograpphic data
since 1872.
1

What
W is the current
c context?
Fiindings on literacy figu
ures according to Censsus 2011.
• er of Literaccy is(literacy
Descending orde cy rate for those
t abovve 7 years of
o age; thee Census daata has take
ken those
betweeen 0 and 6 years as illiliterate)
Jains (86.73%)
( >C
Christians (74.34%) > Buddhists
B (7
71.83%) > Sikhs
S (67.51
1%) > Hindu
us (63.6%) > Muslims (57.28%)
(
• Descending orde
er of Gradua
ates
Jains (25.65%)
( Christians (8.85%)> Sik
>C khs (6.40%) > Buddhistts (6.18%) > Hindus (5.98%) > Mu
uslims (2.76
6%)

Core:Points to
t focus
• Indian
n census is cconducted every
e ten ye
ears beginn 872 when the first census was con
ning from 18 nducted.
• The firrst complete census wa
as taken in the year 18
881. The Vicceroy was Lo
ord Ripon.
• The Ce
ensus Organisation wa
as set up on
n an ad-hocc basis for each Censuss till the 195
51 Census.
• The Ceensus Act, 1948 was then enacted to provid
de for the scheme of conducting
c population
n census witth duties
and re
esponsibilitiies of censu
us officers.
• The Government
G t of India initiated steps
s for developing
d systematic collection of statistics on the size of
population, its g blished an organisatio
growth, etc.. and estab on in the Ministry
M of Home Affa airs under Registrar
R
Generral and ex-O
Officio Census Commisssioner in May,
M 1949.
• So now
w, the resp
ponsibility of
o conductin
ng the dece
ennial Censuus rests witth the Office of the Re
egistrar Gen
neral and
Censu
us Commissioner, India under Ministry of Hom
me Affairs, Governmen
G nt of India.
• was 18% in 1951. In 20
The litteracy rate w 011, it was 74%.

Concepts: Po
oints to focu
us
• The Ce
ensus 2011 1 was the 15 5th Nationaal Census off the Counttry and is th
he only source of prim
mary data in villages,
towns and at wa ard levels. Itt provides valuable
v infformation for
f planning g and formmulation of various policies for
Centra
al and respeective State
e Governme ents. Data collected
c fro
om the cennsus is also used for D
Delimitation
n process
and fo
or reservatio
on in constituencies for the condu uct of elections for Pan
nchayat, Sta
ate Assembllies and Parrliament.
• Delimitation of CConstituenciies: Under Article
A 82 of
o the Consttitution, the
e Parliamen nt by law en
nacts a Deliimitation
Act aftter every ce
ensus. Afterr coming into force commenceme ent of the Act,
A the Cen ntral Govern
nment consstitutes a
Delimitation Com mmission. This Delim mitation Commission demarcatess the boun ndaries of the Parliaamentary
Constiituencies ass per proviisions of th
he Delimitattion Act. The present delimitatio on of consttituencies has
h been
done on
o the basis of 2001 ce es under the provision
ensus figure ns of Delimittation Act, 2002.
2

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• For The Delimitation Act, 2002, the Constitution (Eighty-fourth Amendment) Act, 2001 and The Constitution
(Eighty-seventh Amendment) Act, 2003 have amended Article 81 (Composition of the House of the People),
Article 82 (Readjustment after each census), Article 170 (Composition of the Legislative Assemblies), Article 330
(Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People) and Article 332
(Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States) of
the Constitution of India.

• The cumulative effect of these amendments to the Constitution is that:


• The total number of existing seats as allocated to various States in the House of the People on the basis of 1971
census shall remain unaltered till the first census to be taken after the year 2026.
• The total number of existing seats in the Legislative Assemblies of all States as fixed on the basis of 1971 census
shall also remain unaltered till the first census to be taken after the year 2026.
• The number of seats to be reserved for the Scheduled Castes (SCs) and Scheduled Tribes (STs) in the House of
the People and State Legislative Assemblies shall be re-worked out on the basis of 2001 census
• Each State shall be re-delimited into territorial parliamentary and assembly constituencies on the basis of 2001
census and the extent of such constituencies as delimited now shall remain frozen till the first census to be taken
after the year 2026.
• The Delimitation Commission chairperson was Mr. Justice Kuldip Singh (former Judge of the Supreme Court of
India) and worked along with Shri B.B. Tandon, former Election Commissioner of India, and the State Election
Commissioner of the State concerned as defined in the explanation to Section 3 of the said Act.
• Thus, the present Constituencies carved out on the basis of 2001 census shall continue to be in operation till the
first census after 2026.

Practice Questions
Q52. Which of the following statements is/are correct?
1. The first complete census was conducted in the year 1881.
2. The viceroy in 1881 was Lord Lytton.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

Q53. Which of the following statements is/are correct?


1. As per Census 2011, the largest number of graduates are among Christians in India.
2. As per Census 2011, the largest number of literates are among Jains in India.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2

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NT PROC
CESSES

d) Neithe
er 1 nor 2

Q54.
Q Which
h of the follo
owing state
ements is/arre correct?
1. Underr Article 82 of the Consstitution, the Parliamen
nt by law en
nacts a Delim
mitation Acct after everry census.
2. The Co
onstitution of India wa
as specifically amended
d in 2002 not
n to have delimitation of constittuencies till the first
censuss after 2026
6.
Choosse the correct code
a)) 1 onlyy
b) 2 onlyy
c)) Both 1 and 2
d) Neithe
er 1 nor 2

19.
1 REGULATION
N OF DO
ONATION
NS BY FO
OREIGN NGOs
# Devvelopmentt process (R
Role of NG
GOs)
Why
W is this topic importtant for the
e exam?
• Donattions by foreign NGOs and compa anies were under the watch
w of Ind
dian agencies and licen
nces of man
ny NGOs
involved in gettin
ng foreign donations
d have
h been cancelled.
• In all, there are many fore eign donorss under the governm ment’s scann
ner right now.
n Additionally, the Foreign
Contriibution Reggulation Actt (FCRA) lice
enses of aro
ound 10,000
0 NGOs havve been can
ncelled.
• The goovernment suspects th
hat foreign funds are being
b used by NGOs for g against government projects
f lobbying
and scchemes.
• n by UPSC is reflected in the naturre of questions asked in
Imporrtance given i previous years, for e
e.g.

Q.
Q Examine criticallyy the recent changess in the ru ules governning foreign funding of NGOs under the Foreign
Contriibution (Reg
gulation) Acct (FCRA), 1976.
1 (#Main - 2015)

What
W is the current
c context?
• The Centre
C has allowed U.S.based NG GO, Compa assion Interrnational, to disburse funds to tten NGOs in India,
month
hs after it w
was put on the governmment’s watcch list after security
s age orted that it was fundin
encies repo ng Indian
NGOs involved inn religious conversions
c s.

Core and Co
oncepts:Poin
nts to focuss
• Foreig
gn Contribution Regula
ation Act, 20
010
a)) FCRA regulates the foreign contributio on (money donation)
d a
and foreign hospitalityy (e.g. free aairplane tickets and
hotel lodging
l durring foreign
n visits) give us NGOs, institutes, jud
en to variou dges, journaalists, publicc servants etc.
e
b) It is also to checck that foreigners are not affectin
ng India’s electoral
e po
olitics, publiic servants, judges, jouurnalists,
NGOs etc. for wro ong purposses. If someone violates the FCRA act, he/shee can be sennt to jail forr up to 5 yea
ars.
• Who can receive e foreign contributio
c n? A perso on or an organisatio
o n having a definite cultural, ecconomic,
educational, relig
gious or soccial program
mme can re eceive foreig
gn contribu
ution after it
i obtains th
he prior pe
ermission
of the Central Goovernment, or gets itself registered
d with the Central
C Govvernment.

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• Who cannot receive foreign contribution? Following category of people cannot receive foreign contribution as
defined in Section 3 of FCRA, 2010
a) a candidate for election
b) correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper
c) Judge, government servant or employee of any Corporation or any other body controlled on owned by the
Government
d) member of any legislature
e) political party or office bearer thereof
f) organization of a political nature as defined by the Act
g) association or company engaged in the production or broadcast of audio news or audio visual news or current
affairs programmes through any electronic mode, or any other electronic form as defined in the Information
Technology Act, 2000 or any other mode of mass communication;
h) correspondent or columnist, cartoonist, editor, owner of the association or company who are prohibited by the
government
i) Individuals or associations who have been prohibited from receiving foreign contribution.
• Contributions made by a citizen of India living in another country (i.e., Non-Resident Indian), from his personal
savings, through the normal banking channels is not treated as foreign contribution. However, while accepting
any donations from such NRI, his passport details must be obtained to ascertain that he/she is an Indian passport
holder.
• Donation from an Indian who has acquired foreign citizenship will be treated as foreign contribution. This will
also apply to PIO / OCI cardholders. However, this will not apply to 'Non-resident Indians', who still hold Indian
citizenship.

• New amendments to FCRA, 2010


a) According to the changes, NGOs and organisations that receive foreign donations will now have to share
personal details, bank account details and bio-data of their trustees with the government.
b) The government has taken steps to “clearly define” provisions under the law that require “prior approval” for
associations to receive foreign funding.
c) According to the amended rules, any foreigner associated with an NGO, who is visiting India, will have to furnish
his/her details with the Foreigners Regional Registration Office (FRRO), spelling out the purpose as well as the
dates of the visits.
d) The NGOs will have to list all their activities and declarations on a website, and register themselves under one of
the nine Indian Acts: Societies Registration Act, 1860, Indian Trust Act, 1882, Section 25 of the Companies Act,
1956, Religion Endowments Act, 1863, Charitable and Religious Trust Act, 1920, MussalmanWakf Act, 1973, Wakf
Act, 1954, Public Wakfs Act, 1959 and Section 12 A of IT Act.

Practice Questions
Q55. Who among the following is not debarred from receiving foreign funds under FCRA,2010?
a) A political party
b) A member of any legislature
c) A correspondent of a registered newspaper
d) An NGO

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Q56.
Q Which
h of the follo
owing state
ements is/arre correct?
1. The co
ontributionss made by a citizen of India living
g in another country i.e
e. Non-Resiident Indian
n, from his personal
saving
gs, through the normall banking chhannels willl not be trea
ated as fore
eign contrib
bution.
2. The co
ontributionss made by an
a Indian who
w has acquired foreig
gn citizensh
hip will be trreated as fo
oreign contrribution.
Choosse the corre
ect code
a)) 1 onlyy
b) 2 onlyy
c)) Both 1 and 2
d) None of the abovve

20.
2 PRADHAN M
MANTRI KAUSHA
AL VIKAS
SYOJANA
A (PMKV
VY)
# Welfare schem
mes
Why
W is this topic importtant for the
e exam?
• India is
i a countryy of rich dem
mographic dividend
d bu
ut it is facing
g a huge prroblem of jo
obless grow
wth.
• The skkilled labou
ur force is roughly
r 2% in India aggainst the global
g average of 45%
%. This putss more emp
phasis of
faster and qualityy skill development off our labour force for utilizing ou
ur demograaphic advanntage and to record
balancced econom mic growth impacting all
a the majo or sectors.
• This brings into p
picture a tarrgeted skill developme
ent program
m.

What
W is the current
c context?
• In a bid
b to revita alise the go nitiative of Pradhan Mantri
overnment’’s skilling in M Kausshal VikasYo
ojana (PMK
KVY), the
Centre
e has decid ded to makke changes in the sche eme to imp prove trainiing and ensure betterr placementt for the
benefiiciaries, thus trying to make it more efficient..

Core:Points to
t focus
• Directive Principle
es of State Policy
a)) Article
e 38 directss the state to
t secure a social orde
er with economic, poliitical and so
ocial justice
e for the prromotion
and welfare
w of the people.
b) Article
e 38(2) says that state shall
s strive to
t minimize
e the inequa
alities of inccome, status, facilities, opportunitties etc.
c)) Principples of Policy:Article 39 says thatt while fram
ming policie
es, state wo
ould strive to
t provide a
adequate means
m of
liveliho
ood.
d) Article
e 41 says tthat state shall (withiin its limitss of econo
omic capacity & deve will make effective
elopment) w
provissions for seccuring rightt to work.

Concepts : Points to foccus


• Pradhan Mantri K
Kaushal Vika
asYojana (P
PMKVY)
a)) PMKV VY is the flaggship schem
me of the Ministry
M of Skill
S Development & Entrepreneurship (MSD
DE). The objective of
this Skill Certifica
ation Schem nable a large numberr of Indian youth to take
me is to en t up ind
dustry-relevvant skill
trainin i securing a better livelihood.
ng that will help them in

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NANCE
THEME FIVE| GOVT. POLICIES AND DEVELOPMENT PROCESSES

b) The PMKVY scheme imparts training based on industry-aligned National Occupational Standards through
training providers and Sector Skill Councils.
c) Candidates are eligible for a monetary reward upon successful completion of their training and also clearing the
assessment by an independent assessment agency appointed by the respective Sector Skill Council.
d) Moreover, the candidates also receive a government recognised certificate which helps them become gainfully
employed. The skill training is compliant with the standards set by the National Skills Qualifications Framework
(NSQF).
e) Besides these, individuals with prior learning experience or skills will also be assessed and certified under
Recognition of Prior Learning (RPL) scheme, which is a subcomponent of the Pradhan Mantri Kaushal
VikasYojana.
f) The RPL scheme, certifies the skills acquired by workers in the unorganised sectors through traditional, non-
formal learning channels. The selling point of the RPL is the certification and monetary reward for those enlisting
for the demand-driven scheme that aims to mobilise the youth to take up skill training and become employable.

• National Skill Development Corporation (NSDC)


a) NSDC was formed in 2008 with the approval of the Union Cabinet as a not for profit public company with an
objective to increase the skill training capacity in the country.
b) NSDC is under the Ministry of Skill Development & Entrepreneurship. It aims to promote skill development by
catalyzing creation of large, quality, for-profit vocational institutions.
c) NSDC has four-tiered decision making comprising of 1. National Skill Development Fund 2. The Board of
Directors 3. Board Sub Committees 4. Executive Council.

Practice Questions
Q57. Which among the following articles mentions about making effective provisions for securing right to work?
a) Article 38
b) Article 39
c) Article 40
d) Article 41

Q58. Which of the following statements is/are correct?


1. National Skill Development Corporation (NSDC) is a for profit public company.
2. NSDC is under the Ministry of Skill Development & Entrepreneurship.
Choose the correct code
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

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FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
THEM
ME SIX| G
GOVERN
NANCE

THEME 6

GOV
VERNANCE

21.
2 SEVE
ENTH PA
AY COMMISSION
N
#Governance
Why
W is this topic importtant for the
e exam?
• Pay Co
ommissionss are generally appointed after a gap of ten years to ad
djust the salary by revising of payy scale of
govern
nment empployees as per
p inflationn in the econ
nomy.
• It is a form of fina
ancial governance and acts as a morale
m boosster for the governmen
nt employee
es.
• Raise in salary in
ncreases pu
urchasing power
p and thus bene b raising tthe demand in the
efit producttion cycle by
econoomy.

What
W is the current
c context?
• The Union
U Cabinet chaireed by the Prime Minister hass recently approved the imple ementation of the
recom
mmendation
ns of Seventth Central Pay
P Commisssion on payy and pensiionary bene
efits.
• mmission shall come into effect rettrospectively from 1st January
Seventh Pay Com J 201
16.

Core: Points to focus


• The Fiirst Pay Com
mmission chaired
c by Shri
S SrinivasaVaradach
haria was coonstituted in
i 1946, an
nd since the
en, every
p by GOI to decide the wages of government
decade commissiion is setup g t employeess.
• The se
eventh pay commissio on has beenn appointed overnment of India under the Ministry of Fin
d by the Go nance to
examine, review, evolve and d recommend changess with respect to grad wances and pension
de pay struccture, allow
for bo
oth civilian a
and defence
e personnell.
• The ch
hairperson o
of the 7th commission
c was Justice
e Ashok Ma
athur.
• Personnnel belonging to civvilian emplloyees inclu udes: 1. Ce
entral Gove
ernment Em mployees-in ndustrial and non-
industtrial 2. Personnel belonging to th
he All India
a Services 3.
3 Personnel of the Un
nion Territoories 4. Officcers and
Emplo oyees of Ind a Accountts Department 4. Officers and employees of the Indian A
dian Audit and Audit and Accounts
A
Deparrtment 5. M Members of the regulattory bodies excluding Reserve Ba
ank of India (RBI) set up under the acts of
ment 6. Offiicers and em
Parliam o Supreme Court.
mployees of

Concepts: Po
oints to focu
us
• Aykroyyd formula:: The calculation of salary revision
n is done on the basis of Aykroyd d formula w
which is nee
ed based
mum wage concept inccluding calories intake
minim e of an adult individuual. It was recommend ded in 1948 by Dr.
Wallacce Aykroyd,, first director of the De
epartment of Nutrition
n at Food an
nd Agricultuural Organisation (FAO
O).
• Minimmum Pay: Acccording to
o it and as per
p the seve enth pay coommission, the minimu um pay in g governmentt is to be
set at 18,000 perr month at the lowest entry level and for a freshly
f recru he starting salary to
uited Class I officer, th
be Rs. 56,100 perr month.

58
F
FOCUS SPE
ECIAL EDITION | RA
AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE
THEME SIX| GOVERNANCE

• Maximum Pay: The maximum pay has been set at Rs. 2,25,000/- per month for Apex scale and Rs. 2,50,000/- per
month for Cabinet Secretary and others presently at the same pay level.
• Pay Matrix: The present system of pay bands and grade pay will be replaced by a new “Pay Matrix” designed by
the Commission and the hierarchy of seniority of an employee will now be determined by the newly conceived
Pay Matrix.
• Performance related pay: The Commission has recommended introduction of the Performance Related Pay (PRP)
for all categories of Central Government employees based on reformed Annual Performance Appraisal Reports
(APAR).

Practice Questions
Q59. Which of the following statements with regard to Seventh Pay Commission is/are correct?
1. The Seventh pay commission has been appointed under the Ministry of Personnel, Public Grievances and
Pensions to examine, review, evolve and recommend changes with respect to grade pay structure, allowances
and pension for civilian personnel only.
2. The recommendations of the Commission are based on Aykroyd formula, which is need based minimum wage
concept including calories intake of an adult individual.
a) 1 only
b) 2 only
c) Both 1 and 2
d) None of the above

Q60. Which of the following statements with respect to Pay Commissions is/are correct?
1. The First Pay Commission appointed was appointed in the year 1948.
2. The Seventh Pay Commission was chaired by Justice Ashok Mathur.
3. The present system of pay bands and grade pay will be replaced by a new system called “Pay Matrix” designed
by the Seventh Pay Commission.
Choose the correct code
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) None of the Above

59
FOCUS SPECIAL EDITION | RAU’S C3 JOURNAL CSE 2017 | POLITY & GOVERNANCE
ANS
SWERS

An
nswers

Q1 Q
Q2 Q3
Q Q44 Q5 Q6 Q7 Q8 Q9 Q10
B D A C C D D B C B
Q
Q11 Q
Q12 Q1
13 Q14 Q155 Q16 Q17 Q18 Q19 Q20
B D B D D B D D B D
Q
Q21 Q
Q22 Q2
23 Q24 Q255 Q26 Q27 Q28 Q29 Q30
B C D C B A B A C A
Q
Q31 Q
Q32 Q3
33 Q34 Q355 Q36 Q37 Q38 Q39 Q40
C C C D B D A D A B
Q
Q41 Q
Q42 Q4
43 Q4
44 Q455 Q46 Q47 Q48 Q49 Q50
A A A B C D C D D B
Q
Q51 Q
Q52 Q5
53 Q54 Q555 Q56 Q57 Q58 Q59 Q60
A A B C D C D B B B

60
F
FOCUS SPE
ECIAL EDITION | RA
AU’S C3 JO
OURNAL CSE
C 2017 | POLITY & GOVERN
NANCE

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