Professional Documents
Culture Documents
EXCLUSIVE
POLITY
MARCH 2020 – AUGUST 2020
Table of Contents
Executive .................................................................................................... 6
1. ROLE OF LG OF PUDUCHERRY ..................................................................................... 6
2. DELHI’S DECISION TO LIMIT HEALTH SERVICES ............................................................ 6
3. GOVERNOR’S POWERS AND ROLE IN THE STATE LEGISLATURE’S AFFAIRS .................... 7
Miscellaneous ........................................................................................... 33
1. PAROLE ..................................................................................................................... 33
2. DARBAR MOVE IN J&K............................................................................................... 33
Constitutional / Non-Constitutional / Statutory / Regulatory /
Various Quasi-Judicial Bodies
1. State Election Commission
• The Constitution of India vests in the State Election Commission, consisting of a State Election
Commissioner, the superintendence, direction and control of the preparation of electoral
rolls for, and the conduct of all elections to the Panchayats and the Municipalities (Articles
243K, 243ZA).
• The State Election Commissioner is appointed by the Governor.
• As per article 243(C3) the Governor, when so requested by the State Election Commission,
make available to the State Election Commission such staff as may be necessary for the
discharge of the functions conferred on the SEC by clause (1).
The ECI and SECs have a similar mandate; do they also have similar powers?
• The provisions of Article 243K of the Constitution, which provides for setting up of SECs, are
almost identical to those of Article 324 related to the EC. In other words, the SECs enjoy the
same status as the EC.
• In 2006, the Supreme Court emphasised the two constitutional authorities enjoy the same
powers. In Kishan Singh Tomar vs Municipal Corporation of the City of Ahmedabad, the
Supreme Court directed that state governments should abide by orders of the SECs during
the conduct of the panchayat and municipal elections, just like they follow the instructions
of the EC during Assembly and Parliament polls.
Functions of NIRA:
• It is expected to take up both inter-State and intra-State projects.
• It will also make arrangements for generating funds, internally and externally.
About National River Linking Project (NRLP):
• The NRLP formally known as the National Perspective Plan, envisages the transfer of water
from water ‘surplus’ basins to water ‘deficit’ basins, through inter-basin water transfer
projects.
• Significance: It is designed to ease water shortages in western and southern India while
mitigating the impacts of recurrent floods in the eastern parts of the Ganga basin.
Constitutional basis:
• Article 14 of the Constitution guarantees equality before the law. That means un-equals
cannot be treated equally. Measures are required to be taken for the upliftment of un-equals
to bring them on par with the advanced classes.
• Article 16 (4) provides that the State can make any provision for the reservation of
appointments or posts in favour of any backward class of citizens who, in the opinion of the
state, are not adequately represented in the services under the State.
Sub- categorisation:
• National Commission for Backward Classes (NCBC) proposed the sub-categorisation of Other
Backward Classes (OBCs) back in 2015.
• In October 2017, President Ram Nath Kovind, in exercise of the powers conferred by Article
340 of the Constitution, appointed a commission to examine the issue of sub-categorisation
of OBCs, chaired by retired Justice G. Rohini, to ensure social justice in an efficient manner by
prioritising the Extremely Backward Classes (EBCs).
What is NATGRID?
First conceptualised in 2009, NATGRID seeks to become the one-stop destination for security and
intelligence agencies to access database related to immigration entry and exit, banking and
telephone details of a suspect on a “secured platform”.
The same Act says that the UT will be administered by the President of India through an
Administrator (LG).
• Section 44 of the Act, says the Council of Ministers headed by a Chief Minister will “aid and
advise the Administrator in the exercise of his functions in relation to matters with respect
to which the Legislative Assembly of the Union Territory has power to make laws”.
• The same clause also allows the LG to “act in his discretion” in the matter of lawmaking,
even though the Council of Ministers has the task of aiding and advising him.
Assent of LG?
Once the Assembly has passed a Bill, the LG can either grant or withhold his assent; or reserve it
for the consideration of the President. He can also send it back to the Assembly for
reconsideration.
Conclusion:
The Governor has no discretionary powers in summoning a session of the Assembly, and he or
she is bound to act according to the aid and advice of the CM and the Council of Ministers.
But, the Governor can require the CM and the Council of Ministers to seek a trust vote if he or
she has reasons to believe that they have lost the confidence of the Assembly.
Parliament / State Legislatures / Union Territories / Local Self-
Government
1. How an MP is suspended from Lok Sabha by the Speaker?
It is the role and duty of the Speaker of Lok Sabha to maintain order so that the House can
function smoothly.
The Speaker is empowered to force a Member to withdraw from the House (for the remaining
part of the day), or to place him/her under suspension.
To deal with more recalcitrant Members, the Speaker may take recourse to Rules 374 and 374A.
Rule 374 says:
“(1) The Speaker may, if deems it necessary, name a Member who disregards the authority of the
Chair or abuses the rules of the House by persistently and wilfully obstructing the business
thereof.
“(2) If a Member is so named by the Speaker, the Speaker shall, on a motion being made
forthwith put the question that the Member (naming such Member) be suspended from the
service of the House for a period not exceeding the remainder of the session: Provided that the
House may, at any time, on a motion being made, resolve that such suspension be terminated.
“(3) A member suspended under this rule shall forthwith withdraw from the precincts of the
House.”
2. Appropriation Bill
• The Lok Sabha had passed the Appropriation Bill 2020-21 that empowers the government to
draw over ₹110 lakh crore from the Consolidated Fund of India.
• The Appropriation Bill was passed by a voice vote.
• Following this, Speaker Om Birla applied “guillotine” — the Parliamentary tool to club all
other pending subjects for discussion.
What is Appropriation Bill?
Appropriation Bill is a money bill that allows the government to withdraw funds from the
Consolidated Fund of India to meet its expenses during the course of a financial year.
• As per article 114 of the Constitution, the government can withdraw money from the
Consolidated Fund only after receiving approval from Parliament.
Procedure followed:
1. The government introduces the Appropriation Bill in the lower house of Parliament after
discussions on Budget proposals and Voting on Demand for Grants.
2. The Appropriation Bill is first passed by the Lok Sabha and then sent to the Rajya Sabha.
3. The Rajya Sabha has the power to recommend any amendments in this Bill. However, it is
the prerogative of the Lok Sabha to either accept or reject the recommendations made by
the upper house of Parliament.
4. The unique feature of the Appropriation Bill is its automatic repeal clause, whereby the Act
gets repealed by itself after it meets its statutory purpose.
Scope of discussion:
• The scope of discussion is limited to matters of public importance or administrative policy
implied in the grants covered by the Bill and which have not already been raised during the
discussion on demands for grants.
• The Speaker may require members desiring to take part in the discussion to give advance
intimation of the specific points they intend to raise and may withhold permission for raising
such of the points as in his opinion appear to be repetition of the matters discussed on a
demand for grant.
Amendments:
• No amendment can be proposed to an Appropriation Bill which will have the effect of varying
the amount or altering the destination of any grant so made or of varying the amount of any
expenditure charged on the Consolidated Fund of India, and the decision of the Speaker as to
whether such an amendment is admissible is final.
• An amendment to an Appropriation Bill for omission of a demand voted by the House is out of
order.
• In other respects, the procedure in respect of an Appropriation Bill is the same as in respect
of other Money Bills.
3. Finance Bill
As per Article 110 of the Constitution of India, the Finance Bill is a Money Bill.
• This Bill encompasses all amendments required in various laws pertaining to tax, in
accordance with the tax proposals made in the Union Budget.
• The Finance Bill, as a Money Bill, needs to be passed by the Lok Sabha — the lower house of
the Parliament.
• Post the Lok Sabha’s approval, the Finance Bill becomes Finance Act.
5. Cantonment Board
A Cantonment Board is a body corporate under the Cantonments Act, 2006 having perpetual
succession.
As per Section 10(2) of the Act, every Cantonment Board is deemed to be a municipality under
clause (e) of article 243P of the Constitution for the purpose of:
1. Receiving grants and allocations; or
2. Implementing the Central Government schemes of social sector, public health, hygiene,
safety, water supply, sanitation, urban renewal and education.
Article 164 (2) provides that the Council of Ministers shall be collectively responsible to the State
Legislative Assembly.
Article 164 (4) provides that a person can remain as Minister without being a member of the state
legislature for a period of six consecutive months.
Floor test:
Floor test is a term used for the test of the majority.
• If there are doubts against the chief minister, the governor can ask him to prove his
majority in the House.
• In case of a coalition government, the chief minister may be asked to move a vote of
confidence and win a majority.
A no-confidence motion is a parliamentary motion which is moved in the Lok Sabha against the
entire council of ministers, stating that they are no longer deemed fit to hold positions of
responsibility due to their inadequacy in some respect or their failure to carry out their
obligations. No prior reason needs to be stated for its adoption in the Lok Sabha.
What does the Constitution say about the right of an accused to be defended?
• Article 22(1) gives the fundamental right to every person not to be denied the right to be
defended by a legal practitioner of his or her choice.
• Article 14 provides for equality before the law and equal protection of the laws within the
territory of India.
• Article 39A, part of the Directive Principles of state policy, states that equal opportunity to
secure justice must not be denied to any citizen by reason of economic or other disabilities,
and provides for free legal aid.
What has the Supreme Court said about such resolutions by bar associations?
Supreme Court observations in 2010 A S Mohammed Rafi vs State of Tamil Nadu case:
1. Such resolutions are wholly illegal, against all traditions of the bar and against professional
ethics.
2. Every person, however wicked, depraved, vile, degenerate, perverted, loathsome, execrable,
vicious or repulsive he may be regarded by society has a right to be defended in a court of
law and correspondingly, it is the duty of the lawyer to defend him.”
3. Such resolutions were “against all norms of the Constitution, the statute and professional
ethics”, called these “a disgrace to the legal community”, and declared them null and void.
Background:
• The applications were filed in the BK Pavitra case in which the top court had, in 2019, upheld
the constitutional validity of the Karnataka Extension of Consequential Seniority to
Government Servants Promoted on the Basis of Reservations (to the Posts in the Civil
Services of the State) Act.
• The Supreme Court in its 2019 judgment had held that the Act was a valid exercise of power
by the government under Article 16 (4A) which empowers the state to provide reservations
to SC/STs in matters of promotion.
5. Contempt of Court
The Supreme Court has held that courts are empowered to order parties in a contempt case to
surrender their passport in order to ensure their presence in the proceedings.
About Contempt of Court is already covered in previous Polity module
Out of the 43 cases in Delhi in which death sentence was handed down between 2000 and 2015,
trial courts invoked the impact of the crime on society’s collective conscience in 31 cases (72%) as
grounds to send convicts to death row.
The court held that the appointment of judges, coupled with primacy of judiciary and the CJI, was
part of the basic structure of the Constitution and that the parliament, through NJAC act, violated
this basic structure.
According to the bill the commission will consist of the following members:
1. Chief Justice of India (Chairperson, ex officio)
2. Two other senior judges of the Supreme Court next to the Chief Justice of India – ex officio
3. The Union Minister of Law and Justice, ex-officio
4. Two eminent persons (to be nominated by a committee consisting of the Chief Justice of
India, Prime Minister of India and the Leader of opposition in the Lok Sabha or where there is
no such Leader of Opposition, then, the Leader of single largest Opposition Party in Lok
Sabha), provided that of the two eminent persons, one person would be from the Scheduled
Castes or Scheduled Tribes or OBC or minority communities or a woman. The eminent
persons shall be nominated for a period of three years and shall not be eligible for re-
nomination.
Section 7 of the Official Languages Act, 1963, provides that the use of Hindi or official language of
a State in addition to the English language may be authorized, with the consent of the President
of India, by the Governor of the State for purpose of judgments etc. made by the High Court for
that State.
The provision of optional use of Hindi in proceedings has already been made in the High Courts
of Rajasthan, Uttar Pradesh, Madhya Pradesh and Bihar.
Why in News?
18th Bench of Central Administrative Tribunal (CAT) for the Union Territories of Jammu and
Kashmir and Ladakh inaugurated recently.
The judgment:
• The Supreme Court (SC) has reversed the 2011 Kerala High Court decision, which had
directed the Kerala government to set up a trust to control the management and assets of the
temple.
• The court said that, as per customary law, the shebait rights (right to manage the financial
affairs of the deity) survive with the members of the family even after the death of the last
ruler.
• The court defined ‘shebait’ as the “custodian of the idol, its earthly spokesman, its authorised
representative entitled to deal with all its temporal affairs and to manage its property”.
Various expert bodies have examined issues with police organisation and functioning over the last
few decades. Its chronology as follows:
1. National Police commission 1977-81
2. Rubeiro Committee 1998
3. Padmanabhaiah committee 2000
4. Malimath committee 2002-03
5. Police Act drafting committee 2005
6. Second ARC 2007
7. Police Act drafting committee-II 2015
About NALSA:
• NALSA has been constituted under the Legal Services Authorities Act, 1987, to provide free
legal services to weaker sections of society.
• The aim is to ensure that opportunities for securing justice are not denied to any citizen by
reasons of economic or other disabilities.
• 'Nyaya Deep' is the official newsletter of NALSA.
Composition:
As per section 3(2) of Legal Service Authorities Act, the Chief Justice of India shall be the Patron-
in-Chief.
Second senior-most judge of Supreme Court of India is the Executive-Chairman.
Constitutional basis:
• Article 39A of the Constitution of India provides that State shall secure that the operation of
the legal system promotes justice on a basis of equal opportunity, and shall in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other
disability.
• Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a
legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to
ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made
available to the poor, downtrodden and weaker sections of the society.
Centre –State Relations
1. Delhi Assembly passes resolution against NPR, NRC
Delhi Assembly passes resolution against NPR, NRC.
As many as 11 Indian States have passed a resolution against the NRC and the NPR.
Can States Refuse To Implement NPR And NRC? What Does The Constitution Say?
Under Seventh Schedule of the Constitution, the subject of citizenship, naturalisation and aliens
(foreigners) finds mention exclusively in the Union List which contains a total of 97 subjects.
So, citizenship and the laws related to it are exclusively in the domain of the central
government and the refusal by states to implement NRC or NPR has no legal ground.
What is domicile?
In law, domicile is the status or attribution of being a lawful permanent resident in a particular
jurisdiction.
Implications:
The order now formally allows people from outside J&K to apply for jobs in the UT. While Level IV
jobs have been reserved for people with domicile status – other non-gazetted and gazetted jobs
have been opened for people from across the country, including people domiciled in J&K.
Events / Celebrations
1. Civil Services Day
• Observed on 21st April every year.
• Why 21st April? On this day in 1947, Sardar Vallabhbhai Patel addressed the first batch of
probationers at the All India Administrative Service Training School at Metcalfe House, New
Delhi in 1947. In his speech he called civil servants as the steel frame of India.
• Objective: To make civil servants re-dedicate themselves to the cause of the citizens and
renew their commitment to public service.
• On this day, the ‘Prime Minister Award for Excellence in Public Administration’ is given. The
award is given in three categories, dividing the states and UTs into different categories. The
award was instituted in 2006.
3. Secrecy of ballot
Supreme Court has delivered its judgment on Secrecy of Ballot.
Who can be booked under Section 309 IPC? What punishment does it carry?
• Anyone who survives an attempted suicide can be booked under Section 309 IPC, which
deals with “Attempt to commit suicide”.
• The law, brought in by the British in the 19th century, reflected the thinking of the time,
when killing or attempting to kill oneself was considered a crime against the state, as well as
against religion.
Was it repealed?
No. The section continues to remain in the IPC.
What has happened though, is that The Mental Healthcare Act (MHCA), 2017, which came into
force in July 2018, has significantly reduced the scope for the use of Section 309 IPC — and made
the attempt to commit suicide punishable only as an exception.
1. Section 115(1) of The MHCA says: “Notwithstanding anything contained in section 309 of
the Indian Penal Code any person who attempts to commit suicide shall be presumed,
unless proved otherwise, to have severe stress and shall not be tried and punished under
the said Code.”
Article 171 of the Constitution says the governor can nominate eminent persons from the field
for literature, science, art, cooperative movement and social service.
And, if governor nominates somebody to the legislative council, his/her decision cannot be
challenged in the court.
Section 151A of Representation of the People Act 1951 puts a bar on the governor's
discretionary power to nominate a person to the legislative council.
It says election or nomination to vacant seats in the legislative council cannot be done "if the
remainder of the term of a member in relation to a vacancy is less than one year".
Previous committees:
Madhav Menon Committee: It submitted its report in 2007, suggesting various recommendations
on reforms in the Criminal Justice System of India (CJSI).
Malimath Committee Report: It submitted its report in 2003 on the Criminal Justice System of
India (CJSI).
9. Plea bargaining
It refers to a person charged with a criminal offence negotiating with the prosecution for a
lesser punishment than what is provided in law by pleading guilty to a less serious offence.
• It primarily involves pre-trial negotiations between the accused and the prosecutor. It
may involve bargaining on the charge or in the quantum of sentence.
The Justice Malimath Committee on reforms of the criminal justice system endorsed the various
recommendations of the Law Commission with regard to plea bargaining.
11. Defamation
Defamation is the communication of a false statement that harms the reputation of an
individual person, business, product, group, government, religion, or nation.
In India, defamation can both be a civil wrong and a criminal offence.
The difference between the two lies in the objects they seek to achieve.
• A civil wrong tends to provide for a redressal of wrongs by awarding compensation and a
criminal law seeks to punish a wrongdoer and send a message to others not to commit
such acts.
Legal provisions:
Criminal defamation has been specifically defined as an offence under section 499 of the Indian
Penal Code (IPC).
Civil defamation is based on tort law (an area of law which does not rely on statutes to define
wrongs but takes from ever-increasing body of case laws to define what would constitute a
wrong).
Section 499 states defamation could be through words, spoken or intended to be read, through
signs, and also through visible representations.
• Section 499 also cites exceptions. These include “imputation of truth” which is required
for the “public good” and thus has to be published, on the public conduct of government
officials, the conduct of any person touching any public question and merits of the public
performance.
Section 500 of IPC, which is on punishment for defamation, reads, “Whoever defames another
shall be punished with simple imprisonment for a term which may extend to two years, or with
fine, or with both.”
• Many political parties have been demanding the inclusion of Arunachal Pradesh in the 6th
Schedule for making the Arunachalees owner of all natural resources instead of being
protectors only.
• Inclusion of the state under the Sixth Schedule would enable the state to own the legitimate
ownership rights over its own natural resources and make it self sufficient without having to
depend too much on central grants.
Key provisions:
The governor is empowered to organise and re-organise the autonomous districts.
1. If there are different tribes in an autonomous district, the governor can divide the district
into several autonomous regions.
2. Composition: Each autonomous district has a district council consisting of 30 members, of
whom four are nominated by the governor and the remaining 26 are elected on the basis
of adult franchise.
3. Term: The elected members hold office for a term of five years (unless the council is
dissolved earlier) and nominated members hold office during the pleasure of the
governor.
4. Each autonomous region also has a separate regional council.
5. Powers of councils: The district and regional councils administer the areas under their
jurisdiction. They can make laws on certain specified matters like land, forests, canal
water, shifting cultivation, village administration, inheritance of property, marriage and
divorce, social customs and so on. But all such laws require the assent of the governor.
6. Village councils: The district and regional councils within their territorial jurisdictions can
constitute village councils or courts for trial of suits and cases between the tribes. They
hear appeals from them. The jurisdiction of high court over these suits and cases is
specified by the governor.
7. Powers and functions: The district council can establish, construct or manage primary
schools, dispensaries, markets, ferries, fisheries, roads and so on in the district. It can also
make regulations for the control of money lending and trading by non-tribals. But, such
regulations require the assent of the governor. The district and regional councils are
empowered to assess and collect land revenue and to impose certain specified taxes.
Exceptions: The acts of Parliament or the state legislature do not apply to autonomous districts
and autonomous regions or apply with specified modifications and exceptions.
The governor can appoint a commission to examine and report on any matter relating to the
administration of the autonomous districts or regions. He may dissolve a district or regional
council on the recommendation of the commission.
What about Nagaland?
Nagaland is governed by Article 371 (A), which says that no Act of Parliament shall apply in the
State in several areas unless the Nagaland Assembly so decides by a resolution.
• These include administration of civil and criminal justice involving decisions according to
Naga customary law and ownership and transfer of land and its resources.
Important Acts / Bills
1. Quota within quota for SCs
The Haryana cabinet had recently approved the draft bill ‘The Haryana Scheduled Castes
(Reservation in Admission in Educational Institutions) bill, 2020.’
This bill provides quota within quota for SCs in the state.