PREFACE

Dear Civil Services Aspirant,

Indian Polity, Constitution and Governance are some of the most important topics of the General Studies Paper-II

and it carries maximum weight in the paper. The topics mentioned in the subject have the potential to fall in the

scope of static with a great scope of including current affairs in the paper. This unique attribute of the syllabus

makes it imperative that any sincere effect to cover these topics from the perspective of mains exam should

balance the coverage of static as well as current affairs related to the topic.

While making this booklet we have compiled all the important topics of polity and governance from January 2019

till date. Now this can be a single point of reference for you for the revision of most important static and current

aspects of polity, constitution and governance. This booklet is also instrumental in coverage of some of the

governance sections in GS Paper-IV and some issues pertaining to Security especially Data Security related issues

in GS Paper-III.

In order to best utilise this booklet for the examination, we would recommend you to go for one reading of the

book and then attempt tests from a good test series like Rau’s IAS Mains test series. Keep in mind that having

knowledge and using the knowledge to write great answers are two different things. So, while reading the

booklet keep asking the question, how UPSC may frame a question on this topic. This is how we have prepared

this booklet and this is how you will grasp the entire range of knowledge and later reflect the same as per the

requirement of the paper.

All the best!!!

Rau’s IAS Team

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CONTENTS
SYLLABUS 01 ►PARLIAMENTARY REFORMS SUGGESTED BY VICE-
PRESIDENT 26
PREVIOUS YEAR QUESTIONS AND THEME MAP 02 ►NATIONAL COMMISSION TO REVIEW THE WORKING OF
THE CONSTITUTION - ON PARLIAMENT & STATE
LEGISLATURES 28

Section-1
INDIAN PARLIAMENT & RELATED Section-2
ISSUES Election Related Issues
08 30
►UNDERSTANDING OFFICE OF PROFIT 08 ►CONDUCT OF ELECTIONS IN INDIA 30

►CONTROVERSY SURROUNDING DEPUTY SPEAKER 09 ►ELECTION COMMISSION OF INDIA – ECI 30

►QUESTION HOUR DROPPED IN MONSOON SESSION 10 ►VOTING IN ELECTIONS 31

►METHODS OF VOTING IN PARLIAMENT 11 ►ELECTORAL ROLLS 31

►DEFECTION IMPACTING ELECTORAL DEMOCRACY 11 ►EXERCISE OF DELIMITATION 31

►THE CONSTITUTION (FIFTY-SECOND AMENDMENT) ACT, ►DELIMITATION COMMISSIONS IN INDIA 32

1985- TENTH SCHEDULE 12 ►IMPORTANT ROLE PLAYED BY ELECTION COMMISSION 32
►POWER OF SPEAKER TO DECIDE ON CASES OF ANTI- ►IMPORTANCE OF STATE ELECTION COMMISSION 33
DEFECTION 13
►ROLE OF IMPORTANT OFFICERS DURING ELECTIONS – CEO-
►POWER OF SPEAKER TO SUSPEND MEMBERS OF DEO-RO-OBSERVERS 35
PARLIAMENT 13
►MODEL CODE OF CONDUCT 37
►PARLIAMENTARY PRIVILEGES IN INDIA 14
►ABOUT ELECTION MANIFESTO 38
►UNION CABINET APPROVES SALARY CUT &TWO YEAR
►DECRIMINALISATION OF POLITICS 39
SUSPENSION OF MPLADS 17
►ELECTORAL REFORMS – 255TH LAW COMMISSION REPORT
►PARLIAMENTARY COMMITTEES 19
41
►FINANCIAL COMMITTEES 20
►ELECTION FINANCE REFORM 41
►COMMITTEE ON ESTIMATES 20
►REGULATION OF POLITICAL PARTIES AND INNER PARTY
►PUBLIC ACCOUNTS COMMITTEE - PAC 21 DEMOCRACY 43
►COMMITTEE ON PUBLIC UNDERTAKINGS 22 ►DE-REGISTRATION OF POLITICAL PARTIES 44
►BUSINESS ADVISORY COMMITTEE 23 ►PAID NEWS AND POLITICAL ADVERTISEMENTS 45
►COMMITTEE ON SUBORDINATE LEGISLATION 24 ►AUTONOMY OF ELECTION COMMISSION OF INDIA 47
►DEPARTMENT RELATED PARLIAMENTARY STANDING ►CONCEPT OF INDEPENDENT CANDIDATES 49
COMMITTEES – DRPSC 24
►NONE OF THE ABOVE – NOTA 49
►JOINT PARLIAMENTARY COMMITTEES 25
►ELECTION PETITION 51
►INDIAN PARLIAMENT & NEED FOR REFORMS 26
►CVIGIL 52

►SIMULTANEOUS ELECTIONS – ONE NATION, ONE POLL 52

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 ►SERVICE VOTERS 53 ►HOLISTIC DEVELOPMENT OF IDENTIFIED ISLANDS – NITI
AAYOG 85
►RECOMMENDATIONS OF ELECTION COMMISSION’S NINE
WORKING GROUP 54 ►NATIONAL RECRUITMENT AGENCY 86

►CAUVERY MANAGEMENT AUTHORITY – CWMA 87

Section-3 ►NEED FOR FISCAL COUNCIL IN INDIA 87

►NEW C&AG APPOINTED 88

Judiciary Related Issues ►PROSECUTION & INQUIRY WING OF LOKPAL NOT YET
CONSTITUTED 90

57 ►NORTH EASTERN COUNCIL 91

►NATIONAL COMMISSION FOR PROTECTION OF CHILD

►IMPORTANT ROLE PLAYED BY JUDICIARY 57
RIGHTS 92
►IMPORTANCE OF JUDICIAL INDEPENDENCE 57
►NATIONAL GREEN TRIBUNAL 93
►COLLEGIUM SYSTEM IN APPOINTMENT OF JUDGES 59
►GOVERNMENT APPOINTS 22ND LAW COMMISSION 93
►THREE JUDGES CASE – 1982 (E) – 1993 (J) – 1999 (J) 59
►NATIONAL DIGITAL HEALTH MISSION 94
►OFFICE OF CJI UNDER RTI – SC 60
►THE URBAN LEARNING INTERNSHIP PROGRAMME - TULIP
►COURT RECORDS DO NOT FALL UNDER RTI 62 95
►JAGAN V JUDICIARY – CASE OF MISCONDUCT V ►PRASAR BHARATI 96
IMPEACHMENT 63
►DEVELOPMENT AND WELFARE BOARD FOR DE-NOTIFIED,
►COURT HEARINGS THROUGH VIDEO CONFERENCING 64 NOMADIC AND SEMI-NOMADIC TRIBES 97
►FREE LEGAL AID TO THE POOR THROUGH LOK ADALAT 66 ►CENTRE SET UP COMMISSION TO TACKLE NCR POLLUTION
►EXECUTIVE DOMINANCE IN TRIBUNALS 68 98

►ANURADHA BHASIN V UNION OF INDIA 70 ►NATIONAL EDUCATIONAL POLICY, 2020 99

►REVIEW OF SABARIMALA JUDGMENT 70

►AYODHYA JUDGMENT 72
Section-5
►NAVTEJ JOHAR V UNION OF INDIA 73

► PUTTASWAMY V UNION OF INDIA 74 Important Legislations

►SEPARATE HIGH COURT FOR TELANGANA & ANDHRA 74

►CRITICAL ANALYSIS OF CAPITAL PUNISHMENT 75 101

►COPARCENARY RIGHTS FOR DAUGHTERS: SC 76 ►THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT
►EQUAL OPPORTUNITIES FOR WOMEN IN INDIAN ARMY: SC ACT, 2019 101
77 ►PREVENTION OF CORRUPTION ACT, 2018 102
►NEED FOR AMENDMENT IN OFFICIAL LANGUAGE 79 ►THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES
►DISTRIBUTIVE JUSTICE 80 (POCSO) ACT, 2019 103

►THE RIGHT TO INFORMATION (AMENDMENT) ACT, 2019

104
Section-4 ►AGRICULTURAL BILLS PASSED BY PUNJAB CONTRADICTS
CENTRE 106
Organisation/Bodies/Schemes ►FCRA AMENDMENT ACT, 2020 INCOMPATIBLE WITH
INTERNATIONAL LAW 106
in News ►GOVERNMENT INTRODUCES THREE BILLS ON LABOUR
CODES 108
82 ►AMENDMENT IN EPIDEMIC DISEASE ACT, 1897 TO ADDRESS
COVID 108
►NATIONAL HUMAN RIGHTS COMMISSION SUBMITS REPORT
TO UNHRC 82 ►CONSUMER PROTECTION ACT, 2019 109

►ISLAND DEVELOPMENT AGENCY 85

iii
 ►THE RIGHT OF CHILDREN TO FREE AND COMPULSORY K. Direct Elections for District Development Councils
EDUCATION (RTE) ACT, 2009 110 125
►JAMMU AND KASHMIR PUBLIC SAFETY ACT (PSA), 1978 111 ►ASYMMETRIC FEDERALISM IN INDIA 125

►PROBLEMS HIGHLIGHTED BY JAL SHAKTI MINISTRY TO 15TH

FINANCE COMMISSION 126
Section-6
►NEED TO AMEND OFFICIAL LANGUAGES ACT, 1963 128

Rights Issues ►PRIVY PURSE ABOLISHED 130

►HINDI AS A PAN INDIA LANGUAGE 130

112 ►MAHARASHTRA CM TOOK THE LEGISLATIVE COUNCIL ROUTE

131
►IMPORTANCE OF FUNDAMENTAL DUTIES 112
►POWER OF GOVERNOR TO SUMMON THE HOUSE 133
►SEDITION AND FREE SPEECH 113
►IMPORTANT JUDGMENTS & REPORTS ON GOVERNOR’S
►RIGHT AGAINST SELF INCRIMINATION 115 DISCRETIONARY POWERS & NEED FOR NEUTRALITY 133
►TACKLING DISCRIMINATION BASED ON PREJUDICE &
STEREOTYPES 116

►IMPORTANT SC JUDGMENTS ON CUSTODIAL VIOLENCE 117 Section-8

►THE JOURNEY OF POLICE REFORMS IN INDIA 118

►NEED FOR COMPREHENSIVE REFORM IN CRIMINAL JUSTICE

Aadhaar and Related Issues
SYSTEM 120
135
►ANDHRA ASSEMBLY PASSES RESOLUTION AGAINST NPR &
Section-7 NRC 135

Centre-State Relations ►NATIONAL POPULATION REGISTER – NPR

►NPR’S RELATION WITH CENSUS 2021 EXERCISE

135

136

123 ►CONNECTION BETWEEN NPR & AADHAAR 137

►NPR, DEMOGRAPHIC DETAILS & PROBLEM HIGHLIGHTED BY

►INTEGRATION OF JAMMU & KASHMIR 123 ANDHRA GOVT. 135
A. Ending Special Status Provided through Article 35A ►CITIZENSHIP AMENDMENT ACT, 2019 135
123
►TWO WAY AADHAAR LINKED ELECTRONICALLY VOTING
B. Expansion of Domicile in J&K 123 SYSTEM 138
C. MHA Notification on Functions & Jurisdiction of LG & ►AADHAAR PAYMENT BRIDGE SYSTEM 139
CM under Transaction of Business Rules 2019 123

D. L-G’s Jurisdiction 124

E. Jurisdiction of Council of Minister 124 Section-9

F. In cases of Difference of Opinion between CoM & LG
124 Issues Related to North-East
G. Reference to Central Government in case of
difference of Opinion 124 141
H. Communication with Centre on important matters
►HURDLES TO NAGA PEACE 141
124
►NEW GROUP TO REVIVE DEMAND OF BODOLAND AFTER
I. Thirty Nine Departments in UT of J&K 124
THIRD BODO PEACE ACCORD 142
J. Other Changes by MHA – (Outsiders can But Land in
►BODOLAND TERRITORIAL COUNCIL ELECTIONS IN
J&K and Ladakh) 124
DECEMBER 143

iv
 ►ARUNACHAL SEEKS SIXTH SCHEDULE STATUS 144 ►RESERVATION IN PROMOTION NOT A FUNDAMENTAL RIGHT
164
►ASSAM-MIZORAM BORDER DISPUTE 145
►PERSONS WITH DISABILITIES ENTITLED TO SAME
►REGISTER OF INDIGENOUS INHABITANTS OF NAGALAND
RESERVATION AS GIVEN TO SC/ST 165
(RIIN) 147
►LOK SABHA EXTENDS RESERVATION FOR SC/ST BUT NOT
►FREEZE ASSAM LIST OF SCHEDULED TRIBE (PLAINS): CCTOA
FOR ANGLO-INDIANS 167
147
►HARYANA GIVING RESERVATION IN PRIVATE JOBS 167
►BRUS REJECT RE-SETTLEMENT OFFER 148

Section-12
Section-10
Issues of Governance & Local
Data Security & Data Based
Bodies
Governance
169
149
►MAHARASHTRA GOVERNOR AMENDS FOREST RIGHTS ACT
►OPEN GOVERNMENT DATA ECOSYSTEM 149 169
►NATIONAL DATA AND ANALYTICS PLATFORM (NDAP) 150 ►THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST
►NITI AAYOG RELEASES DRAFT DATA EMPOWERMENT AND DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT OF 2006
170
PROTECTION ARCHITECTURE 151
►THE PANCHAYATS (EXTENSION TO SCHEDULED AREAS) ACT,
►ISSUES WITH PERSONAL DATA PROTECTION BILL, 2019
1996 (PESA) 171
152
►MINOR FOREST PRODUCE 172
►RIGHT TO BE FORGOTTEN – EUGDPR 154
►GOVERNMENT FUNDED NGOS UNDER RTI 173
►AROGYA SETU APP – PRIVACY CONCERNS 155
►HOME MINISTRY AMENDS FCRA 2011 RULES 174
►NATIONAL DIGITAL HEALTH MISSION 156
►VILLAGE SECRETARIAT IN ANDHRA PRADESH 174
►BLOCKING OF CHINESE APP 158
►SOCIAL AUDIT 175

►ISSUES IN DECENTRALIZATION – LOCAL GOVERNMENT 176

Section-11 ►PRAGATI 177

►RE-CONSTITUTING CABINET COMMITTEES 178
Issues Related to Reservation ►CABINET SECRETARIAT & ITS FUNCTIONS 179
►FUNCTIONS OF PRIME MINISTER’S OFFICE 179
159 ►GOOD GOVERNANCE INDEX 180

►MANDAL COMMISSION REPORT – 27% RESERVATION FOR ►CORRUPTION PERCEPTION INDEX 181
OBCS 159 ►INDIA DROPS IN DEMOCRACY INDEX 181
►INDRA SAWHNEY JUDGMENT 159 ►WORLD PRESS FREEDOM REPORT 182
►M. NAGRAJ V UNION OF INDIA 160 ►INDIA JUSTICE REPORT 183
►JARNAIL SINGH V LACHHMI NARAIN GUPTA 160 ►RULE OF LAW INDEX 183

►SCHEDULED CASTE/SCHEDULED TRIBES CAN HAVE SUB- ►CORPORATE SOCIAL RESPONSIBILITY 184
GROUPS 161 ►PM-CARES NOT UNDER RTI 185
►SUB-CATEGORISATION OF OBCs 162 ►PUBLIC ORDER, LAW & ORDER AND SECURITY OF STATE 186
►RESERVATION FOR ECONOMICALLY WEAKER SECTIONS ►INTEGRITY PACT AS PART OF GOVERNMENT CONTRACT 187
(EWS) – CONSTITUTION 103RD AMENDMENT 163

►TAMIL NADU GIVES 7.5% HORIZONTAL RESERVATION 163

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 SYLLABUS

INDIAN POLITY, CONSTITUTION & GOVERNANCE

• Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions

and basic structure.

• Functions and responsibilities of the Union and the States, issues and challenges pertaining to the

federal structure, devolution of powers and finances up to local levels and challenges therein.

• Separation of powers between various organs dispute redressal mechanisms and institutions.

• Comparison of the Indian constitutional scheme with that of other countries.

• Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges

and issues arising out of these.

• Structure, organization and functioning of the Executive and the Judiciary—Ministries and

Departments of the Government; pressure groups and formal/informal associations and their role in

the Polity.

• Salient features of the Representation of People’s Act.

• Appointment to various Constitutional posts, powers, functions and responsibilities of various

Constitutional Bodies.

• Statutory, regulatory and various quasi-judicial bodies.

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 PREVIOUS YEARS QUESTIONS & THEME MAP

THEME 1: INDIAN PARLIAMENT & RELATED ISSUES

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 Individual Parliamentarian’s role as the national lawmaker 1. Office of Profit

is on a decline, which in turn, has adversely impacted the 2. Privileges
quality of debates and their outcome. Discuss. 3. Anti-Defection law and power of
2018 Why do you think the committees are considered to be speaker
useful for parliamentary work? Discuss, in this context, 4. Importance of Whip & its impact on
the r ole or the Estimates Committee. freedom of speech of MP/MLA
2017 The Indian Constitution has provisions for holding joint 5. Parliamentary Reforms
session of the two houses of the Parliament. Enumerate 6. Significance of MPLADs
the occasions when this would normally happen and also 7. Recommendations of National
the occasions when it cannot, with reasons thereof. Commission to Review the Working of
2017 Discuss the role of Public Accounts Committee in the Constitution (NCRWC) on
establishing accountability of the government to the functioning of Parliament
people.

2014 The ‘Powers, Privileges and Immunities of Parliament and

its Members’ as envisaged in Article 105 of the
Constitution leave room for a large number of un-codified
and un-enumerated privileges to continue. Assess the
reasons for the absence of legal codification of the
‘parliamentary privileges’. How can this problem be
addressed?
2013 The role of individual MPs (Members of Parliament) has
diminished over the years and as a result healthy
constructive debates on policy issues are not usually
witnessed. How far can this be attributed to the anti-
defection law, which was legislated but with a different
intention?

THEME 2: ELECTION RELATED ISSUES

YEAR UPSC QUESTIONS IMPORTANT ISSUES
2019 On what grounds a people’s representative can be 1. Autonomy of Election Commission
disqualified under the Representation of People Act, 1951? 2. NOTA
Also mention the remedies available to such person 3. Electoral Bond Scheme and
against his disqualification. transparency
2018 In the light of recent controversy regarding the use of 4. Model Code of Conduct
Electronic Voting Machines (EVM), what are the challenges 5. Electoral Reforms – 255th Law
before the Election Commission of India to ensure the

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 PREVIOUS YEARS QUESTIONS & THEME MAP
trustworthiness of elections in India? Commission Report
2017 Simultaneous election to the Lok Sabha and the State 6. Simultaneous Elections
Assemblies will limit the amount of time and money spent 7. Decriminalisation of politics
in electioneering but it will reduce the government’s 8. Right to Recall (Law commission)
accountability to the people’ Discuss. 9. Service voters
10. Inner party democracy
2017 To enhance the quality of democracy in India the Election 11. Election Petition
Commission of India has proposed electoral reforms in 12. Paid News
2016. What are the suggested reforms and how far are
13. Independent Candidate
they significant to make democracy successful?
14. Returning Officers
15. Nine Working Group on Electoral
2016 The Indian party system is passing through a phase of Reforms
transition which looks to be full of contradictions and
paradoxes.” Discuss.

THEME 3: JUDICIARY RELATED ISSUES

YEAR UPSC QUESTIONS IMPORTANT ISSUES
2019 “The Central Administration Tribunal which was 1. Important SC Judgments in past two
established for redressal of grievances and complaints by years related to: Ayodhya Issue,
or against central government employees, nowadays is Sabarimala Review, Creamy Layer
exercising its powers as an independent judicial for SC/ST, Anuradha Bhasin, M.
authority.” Explain. Nagraj, etc.

2018 Whether the Supreme Court Judgment (July 2018) can 2. Law Commission report on
settle the political tussle between the Lt. Governor and Tribunals
elected government of Delhi? Examine. 3. Lok Adalat (alternative dispute
redressal mechanism)
2018 How far do you agree with the view that tribunals curtail
the jurisdiction of ordinary courts? In view of the above, 4. Judiciary and RTI
discuss the constitutional validity and competency of the 5. Capital punishment: pros n cons
tribunals in India. 6. Cases of Misconduct &
2017 Critically examine the Supreme Court’s judgment on Impeachment of SC/HC Judges
‘National Judicial Appointments Commission Act, 2014’
with reference to appointment of judges of higher
judiciary in India.
2017 Examine the scope of Fundamental Rights in the light of
the latest judgment of the Supreme Court on Right to
Privacy.

2016 What was held in the Coelho case? In this context, can you
say that judicial review is of key importance amongst the
basic features of the Constitution?

THEME 4: ORGANISATIONS/BODIES/SCHEMES IN NEWS

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 “The Attorney-General is the chief legal adviser and lawyer 1. NHRC – Critical Analysis
of the Government of India.” Discuss 2. NITI Aayog’s Role
2018 Whether National Commission for Scheduled Castes 3. Fiscal Council

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 PREVIOUS YEARS QUESTIONS & THEME MAP
(NCSC) can enforce the implementation of constitutional 4. Cauvery Management Authority –
reservation for the Schedules Castes in the religious CWMA
minority institutions? Examine. 5. North Eastern Council
2018 "The Comptroller and Auditor General (CAG) has a very 6. National Commission for Protection
vital role to play." Explain how this is reflected in the of Child Rights
method and terms of his appointment as well as the range 7. Role & Importance of Law
of powers he can exercise. Commission
2018 How is the Finance Commission of India constituted? What 8. Welfare Board for De-notified,
do you know about the terms of reference of the recently Nomadic and Semi-Nomadic Tribes
constituted Finance Commission? Discuss. 9. NEP 2020
2018 How are the principles followed by NITI Aayog different 10. CAG – PAC
from those followed by the erstwhile Planning
Commission in India? (GS III)
2016 Exercise of CAG’s powers in relation to the accounts of the
Union and the States is derived from Article 149 of the
Indian Constitution. Discuss whether audit of the
Government’s Policy implementation could amount to
overstepping its own (CAG) jurisdiction

THEME 5: IMPORTANT LEGISLATION IN NEWS

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 Indian Government has recently strengthened the anti- 1. UAPA Amendment 2019
terrorism laws by amending the unlawful Activities 2. RTI Amendment 2019
(Prevention) Act (UAPA), 1967 and the NIA act. Analyze the 3. POCSO Amendment
changes in the context of prevailing security environment
4. FCRA Amendment Act, 2020
while discussing the scope and reasons for opposing the
5. Amendment in Epidemic Disease
UAPA by human rights organizations.
Act, 1897 to address COVID
2019 On what grounds a people’s representative can be
6. Consumer Protection Act 2019
disqualified under the Representation of People Act, 1951?
7. Amendment in Epidemic Disease
Also mention the remedies available to such person
Act, 1897 to address COVID
against his disqualification.
8. J&K Public Safety Act
2018 “The Right to Information Act is not all about citizens’
empowerment alone, it essentially redefines the concept
of accountability. Discuss. (GS IV)
2017 Explain the salient features of the Constitution (One
Hundred and First Amendment) Act, 2016. Do you think it
is efficacious enough ‘to remove cascading effect of taxes
and provide for common national market for goods and
services’?
2015 What are the major changes brought in the Arbitration
and Conciliation Act, 1990 through the recent Ordinance
promulgated by the President? How far will it improve
India's dispute resolution mechanism? Discuss.

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 PREVIOUS YEARS QUESTIONS & THEME MAP

THEME 6: RIGHTS ISSUES

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2017 Examine the scope of Fundamental Rights in the light of the latest 1. Importance of Fundamental
judgment of the Supreme Court on Right to Privacy. Duties
2017 Discuss each adjective attached to the word ‘Republic’ in the 2. Sedition and Free Speech
preamble. Are they defendable in the present circumstances 3. Discrimination based police
stances? violence

2014 What do you understand by the concept “freedom of speech and 4. Reforms – Police & Criminal
expression”? Does it cover hate speech also? Why do the films in Justice System
India stand on a slightly different plane from other forms of
expression? Discuss.
2013 Discuss Section 66A of IT Act, with reference to its alleged
violation of Article 19 of the Constitution

THEME 7: NEWS ON CENTRE-STATE RELATIONS

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 From the resolution of contentious issues regarding distribution 1. Integration of Jammu &
of legislative powers by the courts, ‘Principle of Federal Kashmir
Supremacy’ and ‘Harmonious Construction’ have emerged. 2. Asymmetric Federalism in
Explain. India
2018 Whether the Supreme Court Judgment (July 2018) can settle the 3. Need to Amend Official
political tussle between the Lt. Governor and elected government Languages Act, 1963
of Delhi? Examine. 4. Hindi as a Pan India Language
2016 Discuss the essentials of the 69th Constitutional Amendment Act 5. Power of Governor to
and anomalies, if any that have led to recent reported conflicts Summon the House
between the elected representatives and the institution of the 6. Powers of Governor
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?
2016 To what extent is Article 370 of the Indian Constitution, bearing
marginal note “Temporary provision with respect to the State of
Jammu and Kashmir”, temporary? Discuss the future prospects of
this provision in the context of Indian polity.
2013 Constitutional mechanisms to resolve the inter-state water
disputes have failed to address and solve the problems. Is the
failure due to structural or process inadequacy or both? Discuss.

THEME 8: AADHAAR RELATED ISSUES

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2014 Two parallel run schemes of the Government, viz the Aadhar card 1. Aadhaar – NPR – CAA
and NPR, one of voluntary and the other as compulsory, have led 2. Two Way Aadhaar Linked
to debates at national levels and also litigations. On merits , Electronically Voting System
discuss whether or not both schemes need run concurrently. 3. Aadhaar Payment Bridge
Analyse the potential of the schemes to achieve development System
benefits and equitable growth.

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 PREVIOUS YEARS QUESTIONS & THEME MAP

THEME 9: ISSUES RELATED TO NORTH EAST

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 The north-eastern region of India has been infested with insurgency for 1. Naga Framework Agreement
a very long time. Analyze the major reasons for the survival of armed & Hurdles
insurgency in this region. (GS III) 2. Bru Resettlement issues
2016 Border management is a complex task due to difficult terrain and 3. Assam – Mizoram Border
hostile relations with some countries. Elucidate the challenges and Dispute
strategies for effective border management. (GS III) 4. RIIN – Nagaland

THEME 10: DATA SECURITY & DATA BASED GOVERNANCE

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 Implementation of Information and Communication Technology (ICT) 1. Open Government Data
based projects/programmes usually suffers in terms of certain vital Ecosystem
factors. Identify these factors and suggest measures for their 2. Draft Data Empowerment
effective implementation. and Protection Architecture
2018 Data security has assumed significant importance in the digitized 3. Right to be Forgotten –
world due to rising cybercrimes. The Justice B. N. Srikrishna EUGDPR
Committee Report addresses issues related to data security. What, in 4. Arogya Setu App – Privacy
your view, are the strengths and weaknesses of the Report relating to Concerns
protection of personal data in cyber space? (GS III) 5. Issues with Personal Data
2016 Use of internet and social media by non-state actors for subversive Protection Bill, 2019
activities is a major security concern. How have these been misused
in the recent past? Suggest effective guidelines to curb the above
threat. (GS III)

2015 Considering the threats cyberspace poses for the country, India
needs a "Digital Armed Force" to prevent crimes. Critically evaluate
the National Cyber Security Policy, 2013 outlining the challenges
perceived in its effective implementation. (GS III)

THEME 11: ISSUES RELATED TO RESERVATION

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 “The reservation of seats for women in the institution of local self- 1. Mandal Commission
government has had a limited impact on the patriarchal character of 2. Important SC Judgments on
the Indian political process”. Comment. Reservations
2018 Whether National Commission for Scheduled Castes (NCSC) can 3. SC/ST can have sub-groups
enforce the implementation of constitutional reservation for the 4. Sub-categorization of OBCs
Schedules Castes in the religious minority institutions? Examine. 5. EWS Reservation – 10%
6. Reservation not a
Fundamental Right

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 PREVIOUS YEARS QUESTIONS & THEME MAP

THEME 12: ISSUES OF GOVERNANCE & LOCAL BODIES

YEAR UPSC QUESTIONS IMPORTANT ISSUES

2019 There is a view that the Official Secrets Act is an obstacle to the 1. Rights under FRA
implementation of Right to Information Act. Do you agree with 2. PESA
the view? Discuss. (GS IV) 3. Govt. funded NGOs under RTI
2018 Assess the importance of the Panchayat system in India as a part 4. Social Audit
of local government. Apart from government grants, what sources 5. Issues – Decentralisation
the panchayats can look out for financing developmental
6. PRAGATI
projects?
7. Cabinet Secretariat & Functions’
2017 “The local self-government system in India has not proved to be
8. PMO & Functions
an effective instrument of governance”. Critically examine the
9. Important Index on Governance
statement and give your views to improve the situation.
10. PM-CARES – Issues
2015 Khap Panchayats have been in the news for functioning as extra-
11. Public Order, Law & Order and
constitutional authorities, often delivering pronouncements
Security of State
amounting to human rights violations. Discuss critically the
actions taken by the legislative, executive and the judiciary to set
the things right in this regard.
2014 What does ‘accountability’ mean in the context of public service?
What measures can be adopted to ensure individual and
collective accountability of public servants? (GS IV)

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7
Section-1
NDIAN ARLIAMENT &
ELATED
►UNDERSTANDING OFFICE OF
PROFIT
• Article 102 and 191 provides that a person shall be
disqualified from being chosen as a Member of
Parliament (MP) or State Legislature if he holds an
office of profit under the Central and State
Governments other than an office declared under
Parliament (Prevention of Disqualification) Act, 1959.
• Article 103 and 192 – Final decision for
disqualification shall be referred to the
President/Governor. However, before giving any
decision on disqualification, President/Governor shall
take opinion of Election Commission and shall act
according to such opinion.
• An Office of Profit means an extra position within
the government which brings some financial gain, or
advantage, or benefit or perks apart from the public
they currently hold.
• Thus, to comprise office of profit, it has to be an
“office” under the appointment of government and
the benefit, perks, salary, or any financial gain must
be released from public exchequer.
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SSUES
• However, holding certain offices will not incur this
disqualification as per the Parliament (Prevention of
Disqualification) Act, 1959 – Example - Minister,
Minister of State or Deputy Minister of Union/State in ex-
officio capacity; office of a Leader of the Opposition in
Parliament; office of Chief Whip, Deputy Chief Whip or
Whip in Parliament or of a Parliamentary Secretary;
office of Chairperson for National Commission for
Minorities, National Commission for SC & ST etc.
SUPREME COURT ON OFFICE OF PROFIT
The Supreme Court of India in various judgments has
elaborated the following points to determine whether
any MP/MLA/MLC holds Office of Profit or not -
• If the appointment has been made by government
• If the government had the right to remove or dismiss
those holding such office
• If the government pays the remuneration
• Are these functions performed any different from the
one the member already performs
• If the office holder performs these functions for the
government
8

• If the government exercises any control over the
performance of those functions
Supreme Court held that if answers to any of these
questions are in the affirmative, then the person
concerned can be said to be holding office of profit.
POWER OF ELECTION COMMISSION
• It is mandatory for the President and the Governor to
act according to such opinion as provided by the
Election Commission in case of disqualification on
grounds of office of profit.
• In case of Delhi Legislative Assembly, the Election
Commission had recommended disqualification for
some MLAs who were appointed as Parliamentary
Secretaries.
• According to the Election Commission, the office of
Parliamentary Secretaries came within the purview of
Office of Profit.
• The recommendation of Election Commission was
communicated to the Hon’ble President of India who
has accordingly decided to disqualify these 20 MLAs
of AamAadmi Party. However, the Court later decided
otherwise on the issue.
• Thus, it becomes mandatory for the President to act
according to opinion of Election Commission with
respect to disqualification for holding office of profit.
RECENT DEVELOPMENT ON OFFICE OF PROFIT
• The Joint Committee of Parliamenton Office of
Profit – in its Reports has observed that the
expression “office of profit”has not been defined in
the Constitution, the Representation of the People
Act, Parliament (Prevention of disqualification) Act or
by any Judgments of HC/SC.
• Ashok Kumar Bhattacharya vs Ajoy Biswas – SC
held that issue of Office of Profit must be decided on
case to case basis by the Courts and the Election
Commission based on the facts and circumstances of
each case and the relevant statutory provisions.
Joint Committee of Parliament on Office of
Profit – (Constituted by LS & RS)
• Consists of 15 Members, 10 from LS and 5 from
RS, who are elected from amongst the Members
of the respective Houses according to the
principle of proportional representation by
means of single transferable vote.
The main functions of the Joint Committee on
Offices of Profit are:
(a) Examine the composition and character of
all committees-membership of which may
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INDIAN PARLIAMENT & RELATED ISSUES
disqualify a Under Article 102 of the
Constitution.
(b) Recommend in relation to the ‘committees’
examined by it what offices should
disqualify and what offices should not
disqualify; and
(c) Scrutinise the Schedule to the Parliament
(Prevention of Disqualification) Act, 1959
from time to time.
►CONTROVERSY SURROUNDING
DEPUTY SPEAKER
The constitutionally mandated post of Deputy Speaker
to Lok Sabha is lying vacant even after constitution of
th
17 Lok Sabha in May 2019. As per Parliamentary
traditions, member from opposition parties are elected
as DeputySpeaker. The Speaker and the Deputy Speaker
are the Presiding Officers of the Lok Sabha.
ABOUT DEPUTY SPEAKER
• Election -The election of a Deputy Speaker shall be
held on a date fixed by Speaker and the Secretary-
General shall notify about the election to the
members. The members of Lok Sabha may elect a
Deputy Speaker among themselves.
• Presiding over Sessions Dy. Speaker shall preside
over LS in absence of Speaker from the sitting of the
House including Joint Sitting. The Deputy Speaker
shall have the same powers as the Speaker when he
is presiding over any session of Lok Sabha. Deputy
Speaker shall not preside (in case Speaker is absent)
while a resolution for his removal from office is under
consideration.
• Removal (Article 94)–He shall vacate his office if he
ceases to be a member of the House of the People;
He may resign by writing under his hand addressed to
the Speaker; He may be removed from his office by a
resolution of the House of the People passed by a
majority of all the then members of the House.
(Effective Majority which is equal to more than 50% of
the effective strength of the House. It does not
include vacancies.)
• Vacancy - In case office of Speaker is vacant, its
duties shall be performed by the Deputy Speaker.
• Chairperson -Whenever Deputy Speaker is appointed
as Member of any Committee, he automatically
becomes its Chairperson and performs necessary
functions of the committee.
9

• Casting Vote -While holding office of Speaker, Deputy
Speaker cannot vote in the first instance and can only
exercise his casting vote in case of tie.
• Committee Membership - Deputy Speaker is a
member of General Purposes Committeeand Library
Committee.Deputy Speaker is the ex-officio
Chairperson of the Committee.
General Purposes Committeeshall consider and
advise on matters concerning the affairs of the
House referred to it by the Speaker from time to
time. Speaker is the ex-officio Chairperson of the
General Purposes Committee which also consists
of members of the Panel of Chairpersons,
Chairmen of all Standing Parliamentary
Committees of Lok Sabha, Leaders of recognised
parties and groups in Lok Sabha and such other
members as may be nominated by the Speaker.
Library Committee suggests on improvement of
the Library and assist members of Parliament in
fully utilising the services provided by the Library.
►QUESTION HOUR DROPPED IN
MONSOON SESSION
Considering the COVID pandemic, the government
dropped Question Hour from the Monsoon Session. This
decision was opposed by members of Opposition Party.
In view of the backlash, Parliamentary Affairs Minister
then requested the Lok Sabha Speaker to allow
unstarred questions in the House.
QUESTION HOUR
• The first hour of every sitting of Parliament is
generally reserved for the asking and answering of
questions.
• Parliamentary question is a technique of
parliamentary surveillance over functioning of the
government.
• Members of Parliament are free to ask questions to
elicit information on matters of public importance
and concern from ministers of the government.
• The government is bound to answer every question
asked in the Question Hour.
• Not less than 15 days notice of a question shall be
given (unless allowed by Speaker)in writing to the
Secretary-General and shall specify
ο the text of the question,
ο the official designation of the Minister to whom the
question is addressed,
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ο the date on which answer to the question is
desired, and
ο the order of preference, if any, for its being placed
on the list of questions, where a member tables
more than one notice of questions for the same
day.
• A member who desires an oral answer to one’s
question shall distinguish it by an asterisk (referred as
starred questions).
• If the member does not distinguish it by an asterisk,
the question shall be placed on the list of questions
for written answer.
ZERO HOUR
The time immediately following the Question Hour has
come to be known as "Zero Hour". It starts at around 12
noon (hence the name) and members can, with prior
notice to the Speaker, raise issues of importance during
this time.
TYPES OF QUESTIONS
Questions are of four types- Starred, Unstarred, Short
Notice Questions and Questions addressed to private
Members.
1. Starred Question is one to which a member desires
an oral answer in the House and which is
distinguished by an asterisk mark. Supplementary
questions can be asked thereon.
2. Un-starred Questions – which desires written
answer to whom it is addressed.
3. A Short Notice Question relates to a matter of
urgent public importance and can be asked with
shorter notice than the period of notice prescribed for
an ordinary question. Like a starred question, it is
answered orally followed by supplementary
questions.
4. Question addressed to Private Member is asked
when the subject matter pertains to any Bill,
Resolution or any matter relating to the Business of
the House for which that Member is responsible.
IMPORTANCE OF QUESTION HOUR
• Presents government’s stand point on matters of
national importance.
• Makes Government/ministers Accountable for
their action and inactions
• Elicit Wider Debates in the society on important
and sensitive issues like Jammu & Kashmir,, State of
Economy, Handling COVID situation etc.
10

• Allows government to put their stand on
important subjects of national and regional
importance.
►METHODS OF VOTING IN
PARLIAMENT
On the issue of Farm Bills in Rajya Sabha, members of
opposition demanded Division Vote but the Bills were
passed by Voice Vote. This also negated opposition’s
demand to send the three Bills to a Parliamentary Select
Committee for further scrutiny. The procedure regarding
Voting and Divisions in the House is governed by Article
100(1) of the Constitution and as per Rules of Procedure
and Conduct of Business in Lok Sabha.
Article 100(1) - Voting in Houses, power of Houses
to act notwithstanding vacancies and quorum
All questions at any sitting of either House or Joint Sitting
of the Houses shall be determined by a majority of votes
of the members present and voting, other than the
Speaker or person acting as Chairman or Speaker. The
Chairman or Speaker or person acting as such, shall not
vote in the first instance, but shall have and exercise a
casting vote in the case of an equality of votes.
The various methods adopted for voting in the Lok
Sabha are:
• Voice Vote - It is a simple method for deciding a
question put by the Chair on a motion made by a
Member. Under this method, the question before the
House is determined simple by AYE or NO.
• Division Vote -here are three methods of holding a
Division Vote
1. By operating the Automatic Vote Recording
Equipment - Under the Automatic Vote Recorder
system, each member casts vote of her/his choice
from the seat allotted to her/him by pressing the
specific button provided for the purpose.
(Green button for ‘AYES’, Red button for ‘NOES’, Yellow
button for ‘ABSTAIN’ and a White button for ‘PRESENT’
together with a vote Initiation Switch)
2. By distributing `Ayes' and `Noes' slips in the
House; and
3. By Members going into the Lobbies - This method
of recording of votes in the Lobbies has become
obsolete ever since the installation of the
Automatic Vote Recording Machine.
• Secret Ballot - During an 'Open' Voting period, the
individual results are shown by the three Colours:
Green for ‘Ayes’, Red for ‘Noes’ and Yellow for ‘Abstain’
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on the Individual Result Display Panel. Secret Voting
is held on similar lines except that the LED Display on
the Individual Result Display Panel flashes only White
Light to show that the vote has been recorded.
• Recording of votes by distribution of slips: The
method of recording of votes by Members on `Ayes'
and `Noes' slips is generally resorted to in the
eventuality of (i) sudden failure of the working of the
Automatic Vote Recording Equipment; and (ii) at the
commencement of the new Lok Sabha, before the
seats/division numbers have been allotted to
Members.
• Physical count of Members in their places instead
of a formal division: If in the opinion of the Chair,
Division Vote is unnecessarily claimed, Chair may ask
the Members to rise in their places for the count to be
taken for AYES and Nos respectively. In such a case,
the particulars of voting of the Members are not
recorded.
Casting Vote: If in a Division the number of `Ayes' and
`Noes' is equal, the question is decided by the casting
vote of the Chair. Under the Constitution, the Speaker
or Deputy Speaker cannot vote in a Division Vote as
they only have casting vote which is exercised in the case
of equality of votes.
►DEFECTION IMPACTING
ELECTORAL DEMOCRACY
Defection means floor-crossing or switching sides by a
member of one political party to another party. To
control increasing instances of political defection in
nd
India, government through Constitution 52
Amendment, added Tenth Schedule in the Indian
Constitution.
IMPACT OF DEFECTION POLITICS ON INDIAN
DEMOCRACY
• Undermines Electoral Democracy & Betrays Public
Mandate - Members not chosen by public can
become ministers.
• Promotes Corruption through Horse Trading - With
help of defectors, any majority government can be
converted into minority government or toppled. This
hampers stability of government.
• Promotes immoral activities against
constitutional and democratic norms or
behaviour.
PROBLEMS HIGHLIGHTED BY NATIONAL
COMMISSION TO REVIEW THE WORKING OF THE
CONSTITUTION
11

• Hung House -Mainly due to switching political sides
resulting in instability both at the Centre and States.
• Anti-Defection provisions under Tenth Schedule
nd
added through Constitution 52 Amendment has
failed to solve problems related to defection.
• Group Defection not Penalised - Individual
defection is penalised whereas group defection is not
rd
as 2/3 defection is constitutionally allowed.
• Aids Bribery & Corruption through lure of
constitutional posts or other perks.
• Tenth Schedule Restricts Individual Freedom of
Speech in Parliament/State Legislature - by
legitimising Whips issued by political parties to their
respective members to vote on party lines. This in a
way also curtails individual Member’s liberty and
freedom of speech and expression in the Parliament
and State Legislatures.
• Speaker Acts in Partisan Manner - in cases of Anti-
Defection to benefit its own party members
IMPORTANT RECOMMENDATIONS OF NCRWC
• Amending Tenth Schedule - to ban all kinds of
Defections including individual or group defections
• Contesting Fresh Elections by Defectors
• Defectors should be Debarred from holding Public
Office
• Vote casted by defectors to topple the
government should be treated as Invalid
• Speaker should not to decide matters on
Defection and such powers to be vested in Election
Commission (Dinesh Goswami Committee and 170th
Law Commission Report)
• House to determine its Leader if no party emerges
as winner -In a situation where no single political
party or pre-poll alliance of parties succeeds in
securing a clear majority in the Lok Sabha after
elections - the Rules of Procedure in Lok Sabha shall
be amended - to provide for the election of the
Leader of the House - by the Lok Sabha members
along with the election of the Speaker. The Leader
may then be appointed as the Prime Minister. The
same procedure may be followed for the office of the
Chief Minister in the State concerned.
• Constructive Vote of No Confidence - For a motion
of no-confidence to be brought out against a
government, at least 20% of the total number of
members of the House should give notice and the
motion should be accompanied by a proposal of
alternative Leader to be voted simultaneously.
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INDIAN PARLIAMENT & RELATED ISSUES
►THE CONSTITUTION (FIFTY-
SECOND AMENDMENT) ACT, 1985-
TENTH SCHEDULE
IMPORTANT HIGHLIGHTS OF TENTH SCHEDULE
• Salient Feature - Combating evil of political defection
as it undermines the foundations of our democracy
and the principles which sustain it.
• Disqualification of Elected & Nominated Members
–Elected and Nominated members of Parliament
would be disqualified on the ground of defection if
ο She/he voluntarily relinquishes his membership of
such political party or
ο votes or abstains from voting in such House
contrary to any direction of such party or is
expelled from such party.
• Para 4 - Splits & Merger– A member of a House shall
not be disqualified where his original political party
merges with another political party or becomes part
of new political party so created by merger.
• Not Less Than Two-Thirds - The merger of the
original political party of a member of a House shall
be allowed only if, not less than two-thirds of the
members of the legislature party concerned have
agreed to such merger.
• Paragraph 5 of Tenth Schedule (Exemption) - A
person who has been elected to the office of the
Speaker or the Deputy Speaker of the House of the
People or the Deputy Chairman of the Council of
States or the Chairman or the Deputy Chairman of
the Legislative Council of a State or the Speaker or the
Deputy Speaker of the Legislative Assembly of a State,
shall not be disqualified under Xth Schedule –
(a) if he, by reason of his election to such office,
voluntarily gives up the membership of the political
party to which he belonged immediately before such
election and does not, so long as he continues to
hold such office thereafter, rejoin that political
party or become a member of another political
party; or
(b) if he, having given up by reason of his election to
such office his membership of the political party to
which he belonged immediately before such
election, rejoins such political party after he ceases
to hold such office.
• Paragraph 6 - The question of disqualification will be
determined by the Presiding Officer of the House.
Regarding disqualification of presiding officer himself,
12

it will be decided by a member of the House elected
by the House for such purpose.
►POWER OF SPEAKER TO DECIDE
ON CASES OF ANTI-DEFECTION
BJP lawmaker and Manipur Forest Minister Th.
Shyamkumar was initially in BJP, but fought and won
election on Congress ticket and later defected to join BJP
to become a minister in Manipur in 2017. This led to a
case of anti-defection before the Speaker of Manipur
Assembly which was pending before him since 2017.
This led to filing of petition in Supreme Court (Keisham
Meghachandra Singh v. Union of India) seeking his
disqualification under Tenth Schedule.
Important Highlights of Kihoto Hollohan v Zachilhu
and others
• The majority judgment (3:2) held that the
Speakers/Chairmen hold a pivotal position in the
scheme of Parliamentary democracy and are
guardians of the rights and privileges of the House.
• Clothing of power to adjudicate questions under the
Tenth Schedule in them should not be considered
exceptionable.
• The Court further held that that the Schedule’s
provisions were remedial and intended to
strengthen the fabric of Indian Parliamentary
democracy by curbing unprincipled and unethical
political defections.
• The Court ruled that Speaker/Chairman while
deciding cases of anti-defection acts as a Tribunal
and accordingly the decision of Speaker/Chairman is
subject to judicial review.
• However, judicial review would not cover any stage
prior to the making of decision by Speaker or
Chairman.
IMPORTANT HIGHLIGHTS OF THE JUDGMENT –
KEISHAM MEGHACHANDRA SINGH V. UNION OF INDIA
• Decision on Anti-defection operates
independently and not subject to approval of LS or
SLA
• Decision of Speaker on anti-defection can be
judicially reviewed and the immunity is only on
procedures followed.
• Judicial Review is allowed on grounds of infirmities
based on violations of constitutional mandates, mala
fides, non-compliance with Rules of Natural Justice and
perversity.
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INDIAN PARLIAMENT & RELATED ISSUES
• Speaker/Chairman acts as Quasi-Judicial Authority
while deciding cases of Anti-defection under Xth
Schedule of the Constitution.
• Decision to be taken within Reasonable Time
Period – within 3 months as per Kihoto Hollohan
judgment.
• Such persons who have incurred disqualification do
not deserve to be MPs/MLAs even for a single day (as
observed in Rajendra Singh Rana case).
SUGGESTIONS OF SUPREME COURT – SET UP
PERMANENT TRIBUNAL
Parliament may consider setting up a Permanent
Tribunal headed by retired SC Judge or retired Chief
Justice of HC or by some other independent
mechanism to decide such cases impartially. This is
done to remove political bias of the Speaker.
• Against Natural Justice - The idea of speaker, who is
from a political party, to adjudicate on matter of
membership of other members is also against the
idea of natural justice.
• Principles of Natural Justice includes:
1. No one should be a judge in their own case
2. Fair Hearing to all without bias – Judge to hear the
other side
3. Reasoned Decisions
nd
• Recommendations of 2 ARC, Dinesh Goswami
Committee & Election Commission - Parliament can
transfer the power of Speaker to President in case of
Members of Parliament and Governors in case of
Members of Legislative Assemblies.
►POWER OF SPEAKER TO
SUSPEND MEMBERS OF
PARLIAMENT
The Lok Sabha Speaker had suspended seven Congress
members for the remaining period of the Budget session
for ‘gross misconduct and utter disregard’ for House
rules.
RULES OF PROCEDURE AND CONDUCT OF BUSINESS
IN LOK SABHA
• Maintaining Orderly Business in the House –
Speaker is empowered either to withdraw or suspend
the member from the House.
• Withdrawal of Member - Speaker may direct
misconducting member to withdraw from the
House immediately for the entire day and such
member shall not sit in the House for the remaining
proceedings of the day.
13

• Suspension of Member - The Speaker may name a
member who disregards the authority of the Chair or
abuses the rules of the House by persistently and
willfully obstructing the business of the House.
• A motion shall be presented in the Housefor the
named person’s suspension. A motion on being
passed by the House results in suspension of the
member for the remainder of the Session of the
House.
• The suspension of such member can be
terminated on presenting of another motion in the
House.
• Regarding Expulsion of Members,Speaker appoints
a committee to investigate the conduct and activities
of MP, whether it is derogatory to the dignity of the
House and inconsistent with the Code of Conduct.
• Committee on Ethics can also be asked to give its
recommendations. Consequent to the findings of
committee a motion for expulsion is adopted by the
house.
RULES OF PROCEDURE AND CONDUCT OF BUSINESS
IN THE COUNCIL OF STATES (RAJYA SABHA)
The Rules of Procedure of Rajya Sabha also provides for
the withdrawal &suspension of Members of Rajya
Sabha. It is slightly different from Lok Sabha.
• Withdrawal of Member - Rule 255 – Regarding
disorderly conduct in the House by any member,
Chairman may direct such member to withdraw
from the House immediately for the entire dayand
such member shall not sit in the House for the
remaining proceedings of the day.
• Suspension of Member - Rule 256 –TheChairman
may name a member who disregards the authority of
the Chair or abuses the rules of the Council by
persistently and willfully obstructing the business of
the Council. However, suspension of such named
member shall take place after Rajya Sabha adopts a
motion for suspension for remaining session. The
Council can terminate the suspensionby passing
another motion.
• So, unlike Lok Sabha, the motion for suspension of
member of Rajya Sabha is not moved by the
Chairman but is adopted by the Council.
COMMITTEE ON ETHICS
• It consists of 15 members nominated by the
Speaker. The Chairperson of the Committee is
appointed by the Speaker from amongst the
Members of the Committee.
• The functions of the Committee are:
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
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(a) to examine every complaint relating to unethical
conduct of a Member of Lok Sabha referred to it
by the Speaker and make such
recommendations as it may deem fit.
(b) to formulate a Code of Conduct for Members
and suggest amendments or additions to the
Code of Conduct from time to time.
• The Committee can conduct a preliminary enquiry
if a matter is referred to the Committee. After
conducting the preliminary enquiry, if the
Committee is of the opinion that there is no prima
facie case, then it may recommend that the matter
to be dropped and the Chairperson shall intimate
the Speaker accordingly.
• If the Committee, after preliminary inquiry, is of the
opinion that there is a prima facie case, then the
Committee shall take up the matter for further
examination.
• The Committee may lay down procedure for
examination of matters referred to it.
• The Report of the Committee shall be presented to
the Speaker who may direct that the report be laid
on the Table of the House.
• The report of the Committee may also state the
procedure to be followed by the House in giving
effect to the recommendations made by the
Committee.
• As per The Members of Lok Sabha (Declaration of
Assets and Liabilities) Rules, 2004 - every elected
candidate for the House of the People shall, within
ninety days from the date on which he makes and
subscribes an oath or affirmation for taking his
seat, furnish information pertaining to his/her
Assets and Liabilities.
►PARLIAMENTARY PRIVILEGES IN
INDIA
Erskine May has defined Parliamentary Privilege as
the sum of the peculiar rights enjoyed by each House
collectively… and by Members of each House individually,
without which they could not discharge their functions, and
which exceed those possessed by other bodies or
individuals.
Thus to a certain extent, Parliamentary Privilege is an
exemption from the general law.
• MPs & MLAs are given more liberty and freedom of
speech during their proceedings as compared to a
normal citizen. Such special privilege helps them in
14

discharging their duty independently and effectively
without any fear from outside interference.
• Constitution of India under Article 105 and 194
provides for powers, privileges and immunities for
members of Parliament and State Legislatures.
• The judgment in Raja Ram Pal v Hon’ble Speaker Lok
Sabha - defined the term privilege as “A special right,
advantage or benefit conferred on a particular person. It
is a peculiar advantage or favour granted to one person
as against another to do certain acts”.
TH
CONSTITUTION 44 AMENDMENT
• Article 105 (3) was amended by the Constitution
th
44 Amendment and now has two aspects:
1. Powers, privileges and immunities of each
Houses of Parliament, its Members and
Committees shall be such as may be defined by
Parliament by law in time.
2. Till such powers, privileges and immunities are
defined by Parliament, shall be the same as that
was enjoyed by House of Commons as on 26
th
January 1950.
• Article 105 (3) has avoided direct reference to House
of Commons but effectively such privileges continue
till Parliament frames a law.
• Article 361A -No person shall be liable to any civil or
criminal proceedings in any court for publication in
newspaper of a substantially true report of any
proceedings of either House of Parliament or the
Legislative Assembly unless the publication is proved
to have been made with malice.
PARLIAMENTARY PRIVILEGES ENSURES THE
FOLLOWING
• Freedom of speech in Parliament Article 105(1) of
the constitution.
• Immunity to a member from any proceeding in any
court in respect of
ο anything said or any vote given by him in
Parliament or any committee there of art (105(2) of
the Constitution)
ο of the publication by or under the authority of
either house of Parliament of any report, paper
votes or proceedings - Article 105(2)
ARTICLE 122 -COURTS NOT TO INQUIRE INTO
PROCEEDINGS OF PARLIAMENT
• Article 122 (1) grants immunity on the same lines to
internal functioning of the House. The validity of any
proceedings in Parliament cannot be called into
question on the ground of alleged irregularity or
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INDIAN PARLIAMENT & RELATED ISSUES
procedure.
• Article 122 (2) further says that officers of
Parliament who regulates its procedure and
maintains order is not subject to jurisdiction of any
court while exercising those powers. Thus, House of
Parliament is free from judicial control in its
functioning.
• Speakercannot be sued for damages for any action
taken against a member including that of arrest.
• High Court or Supreme Court cannot issue
Writunder Article 226 or Article 32 to restrain the
functioning of the House or legislation even though
the subject of legislation is ultra vires. Only when a Bill
becomes a law after President’s assent, the Courts
can decide upon its constitutionality.
• House enjoys immunity from judicial process and
such courtesy is also extended to Committee of the
House as a committee is one of its part through which
a House functions. (However, illegality or
unconstitutionality of a procedure can be enquired into
by a Court of Law.)
• Prohibition on Courts to inquire into proceedings of
Parliament - Art 122
• Freedom from arrest of members in civil cases
during the continuance of the session of the house
and 40 days before its commencement and 40 days
after its conclusion (Section 135 A Code of Civil
Procedure).
• Right of the house to receive immediate
information of the arrest, detention, convention,
imprisonment and release of a member.
• Prohibition of arrest and service of legal process
within the precincts of the house without
obtaining the permission of speaker
• Prohibition of disclosure of the proceedings or
decisions of a secret setting of the house
• Members or officers of the house are not to give
evidence or produce documents in courts of law
relating to the proceedings of the house without the
permission of the house.
• Members or officers of the house are not to
attend as witnessesbefore the other house or a
committee or before a house of state legislature or a
committee there of without the permission of the
house and they cannot be compelled to do so without
their consent.
• The evidence tendered before a Parliamentary
committee and its report and proceedings cannot
15

be disclosed or published by anyone until these
have been laid on the table of the house
• In addition to above mentioned privileges, each
house also enjoys certain consequential powers
necessary for the protection of its privileges and
immunities. These powers are as follows –
ο To commit persons, whether they are members or
not, for breach of privilege or contempt of the
house.
ο To compel the attendance of witness and to send
for papers and records.
ο To regulate its own procedure and the conduct of
its business (Art 118 of the constitution)
ο To prohibit the publication of its debates and
proceedings (Rule 249 of the rules of procedure
and conduct of Business in Lok-Sabha).
ο To exclude strangers from the house (Rule 248 of
the rules of procedure and conduct of business in
Lok-Sabha).
WHAT CONSTITUTES PARLIAMENTARY BREACH OR
CONTEMPT OF THE HOUSE?
There is no codification to clearly state that what action
constitutes a breach and what punishment it entails.
However, some instances can be stated:
• Giving any misleading statement in the house.
• Causing disruption in proceedings of the House
created by shouting slogans or throwing leaflets etc.
• Any kind of assault on the member of the House.
• Writings or speeches about the character of any
member.
• Publishing any part of speech of any member
So, clearly, any attack on the privilege of the members
by any means is considered as a breach of the privilege
and the parliament can take action regarding the same.
PUNISHMENTS PRESCRIBED FOR BREACH OF
PRIVILEGES OR CONTEMPT OF THE HOUSE
• Imprisonment – If the breach committed is of a
grave nature the, punishment can be given in the
form of imprisonment of any member or person.
• Imposing fine – If in the view of the parliament, the
breach or contempt committed is of economic
offence and any pecuniary gain has been made from
the breach then, the parliament can impose fine on
the person.
• Prosecuting the offenders – The parliament can also
prosecute the one committing the breach.
• Punishment given to its own members – If any
contempt is committed by the members of the
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parliament then, he is to be punished by the house
itself which could also result in the suspension of the
member from the house.
IMPORTANT JUDGMENTS
• Tej Kiran Jain v. Sanjiva Reddy - Derogatory remarks
were made against Shankaracharya in Parliament, so
his disciples filed a case for damages. Supreme Court
dismissed the appeal and held that whatever is said
during the sitting of Parliament and in its course of
business is immunized under Article 105(1).
• P.V. Narsimha Rao v. State – SC Constitution Bench
held that Article 105 (2) protects a member of
parliament against proceedings in Court that relate
to, or concern, or have a connection or nexus with
anything said or a vote given by him Parliament.
• Dr. Jatish Chandra Ghosh v. Hari Sadhan
Mukherjee- Speaker of Legislative Assembly
disallowed a member to discuss certain questions on
the floor of the House. The member published those
disallowed questions in a local journal. A case of
defamation was filed against him. SC ruled that the
case did not fall within the ambit of Article 194 (2)
which is equivalent to Article 105 (2) as the publication
was neither under the authority of the House nor was
concerned with “anything said or vote given by a
member of the Assembly.”
• Article 105 (2) does not confer such a wide
protection in terms of publication of reports
outside the authority of Parliament or State
Legislature.
• Searchlight Case - SC ruled that publication of
inaccurate or mashed version of speeches delivered
in the House or misreporting the proceedings
amounts to breach of privilege. The Court held that
publication of those parts of proceedings by a
newspaper which were expunged by the House
amounts to breach of privilege of the House and the
offending party can take action in spite of protection
from Article 361A. SC also held that House can
impose prohibition on publication of any debates,
proceedings even if such prohibitions amounted to
violation of freedom of speech and expression under
Article 19 (1)(a).
NEED FOR CODIFICATION OF PRIVILEGES
• India still follows British Conventions of House of
Commons
• Need to demarcate the fine line between freedom
of speech and breach of Parliamentary Privileges.
• Written Rules & Guidelines on Privileges will
remove uncertainty and provide more clarity.
16

• Unwritten Rules of Privileges covers wide range of
issues which creates inequality.
• Parliamentary Privileges are often misused
against common citizens, journalists etc. to curb
their freedom of speech & expression.
• Privilege Motion is used to for political gains. SC
in Searchlight case strongly pleaded for codification
of privileges instead of following conventions.
RECOMMENDATIONS OF NCRWC
• NCRWC has recommended that Article 105(2) may be
amended to clarify that the immunity enjoyed by
Members of Parliament under parliamentary
privileges does not cover corrupt acts committed by
them in connection with their duties in the House or
otherwise.
• Corrupt acts would include accepting money or any
other valuable consideration to speak and/or vote in a
particular manner. For such acts they would be liable
for action under the ordinary law of the land.
• It may be further provided that no court will take
cognizance of any offence arising out of a Member's
action in the House without prior sanction of the
Speaker or the Chairman.
• Article 194(2) may also be similarly amended in
relation to the Members of State Legislatures.
Committee on Privileges
• It consists of 15 members nominated by the
Speaker. The Chairperson of the Committee is
appointed by the Speaker from amongst the
members of the Committee.
• The functions of the Committee are:
(a) to examine every question of privilege referred to
it and
(b) to determine with reference to the facts of each
case whether a breach of privilege is involved
and, if so,
ο the nature of the breach,
ο the circumstances leading to such breach and
ο to make necessary recommendations;
(c) to state the procedure to be followed by the
House in giving effect to the recommendations
made by it.
• With coming into effect of The Members of Lok
Sabha (Disqualification on Ground of Defection)
Rules, 1985, the Speaker may refer to thePrivileges
Committee any petition regarding disqualification of
a member on ground of defection for making
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preliminary inquiry and submitting Report on such
inquiry.
• The procedure to be followed by the Privileges
Committee in cases of defectioncan be the same as
is applicable to questions of breach of privilege.
►UNION CABINET APPROVES
SALARY CUT &TWO YEAR
SUSPENSION OF MPLADS
• The Union Cabinet has approved to cut 30% salary of
all members of Parliament by making an amendment
to The Salaries, Allowances and Pension of Members
of Parliament Act, 1954 through an ordinance. The
amount deducted from salaries of MPs will go to the
Consolidated Fund of India.These funds will be used
to strengthen Government’s efforts in managing the
challenges and adverse impact of COVID19 in the
country.
• Even President of India, Vice-President and all
Governors of States haveagreed for 30% salary cut.
• Union Cabinet has also approved a two-year
suspension of the MP Local Area Development
(MPLAD) scheme so that the amount saved can go to
the Consolidated Fund of India to fight COVID-19.
MP LOCAL AREA DEVELOPMENT (MPLAD) SCHEME
• The Members of Parliament Local Area
Development Divisionunder MOSPI is entrusted with
the responsibility of implementation of Members of
Parliament Local Area Development Scheme
(MPLADS).
• MOSPI -The scheme is funded and administered
through the Union Ministry of Statistics and
Programme Implementation (MOSPI). Projects are
to be recommended to and implemented by the
district-level administration.
• Amount allotted -MPLADS allot Rs. 5 crore per year
to each Member of Parliament (MP) to be spent on
projects of their choice in their constituency. Under
the scheme, each MP can suggest to the District
Collector for work to be done under the scheme.
• Role of District Authorities -Sanction of the eligible
works and implementation of the sanctioned works in
the field are undertaken by the District Authorities in
accordance with State Government’s financial,
technical and administrative rules.
• Nodal District - If a Lok Sabha Constituency is spread
over more than one District, the Member of
Parliament can choose any one of the Districts as
17

Nodal District in his/her constituency. The Rajya
Sabha MP can choose any District in his/her State of
Election as Nodal District.
• SC/ST Areas -M.Ps are to recommend every year,
works costing at least 15% of the MPLADS entitlement
for the year for areas inhabited by Scheduled Caste
population and 7.5% for areas inhabited by S.T.
population.
• Creating Community Assets -In case there is
insufficient tribal population in the area of Lok Sabha
Member, they may recommend this amount for the
creation of community assets in tribal areas outside
of their constituency but within their State of election.
In case a State does not have S.T. inhabited areas, this
amount may be utilized in S.C. inhabited areas and
vice-versa.
• Areas prone to calamities -MPLADS works can also
be implemented in the areas prone to or affected by
the calamities like floods, cyclone, Tsunami,
earthquake, hailstorm, avalanche, cloud burst, pest
attack, landslides, tornado, drought, fire, chemical,
biological and radiological hazards.
• MGNREGA - Funds from Member of Parliament Local
Area Development Scheme (MPLADS) can be
converged with MGNREGA with the objective of
creating more durable assets.
• Khelo India -Funds from Member of Parliament Local
Area Development Scheme (MPLADS) can be
converged with Khelo India: National Programme for
Development of Sports with the objective of creating
more durable assets.
• Amount released in two Installments -The annual
entitlement of Rs 5 crore shall be released, in two
equal installments of Rs 2.5 crore each directly to the
District Authority of the Nodal District of the Member
of Parliament concerned.
• Conditions for Second Installment -The second
installment of the MPLADS funds will be released
subject to the fulfillment of the following eligibility
criteria –
(i) the unsanctioned balance amount available in the
account of the District Authority after taking into
account the cost of all the work sanctioned is less
than Rs.1 crore;
(ii) the unspent balance of fund of the MP Concerned
is less than Rs. 2.5 crore; and
(iii) Utilization Certificate and Audit Certificate of the
immediately concluded financial year ending 31st
March have been furnished by District Authority.
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• MPLADS Fund Non-Lapsable -Funds released to the
District Authority are non-lapsable in nature. It means
that funds sanctioned under MPLADS can be carried
forward for utilization for subsequent year. Further,
the funds not released by the Government of India in
a year will be carried forward for making releases in
the subsequent years.
NCRWC OBJECTION AGAINST MPLADS
• Misuse of Funds -Comptroller and Auditor General of
India time and again in its report has mentioned bout
the misuse and non-use of such funds amounting to
thousands of crores.
• Against separation of powers - These schemes
involve the legislators in exercise of executive powers
and this goes against the demarcation of
responsibilities between the legislature and the
executive. MPLAD results in conflict of interest as
legislators take up executive roles.
• Finance to be allocated at Local Level -
Development of local areas must be demarcated to
local leaders at the level of Panchayats and
Municipalities.
• Concerns highlighted by Legal Experts – Infringes
Space of Local Governance -Several constitutional
experts and legal luminaries have pointed out the
unconstitutionality of the above schemes. A report,
“MPLADS: Concept, Confusion and Contradictions”,
written by former Public Accounts Committee
Chairman Era Sezhiyan has stated that MPLADS
distorted the MPs’ role in the federal system and diverted
funds which should have actually gone to agencies like
the Panchayati Raj institutions.
• MPLADS inconsistent with spirit of Federalism - As
per NCRWC, MPLAD Scheme is inconsistent with the
spirit of federalism and distribution of powers
between the Union and the States. It also treads into
the areas of local government institutions.
Thus, the Commission had recommended immediate
discontinuance of the MP LAD Scheme as being
inconsistent with the spirit of the Constitution in
many ways. Same opinion was expressed by Second
Administrative Reform Commission in its Report on
“Ethics in Governance” and suggested to abolish
MPLAD Scheme.
In response to a Writ Petition that challenged the
constitutionality of the MPLAD scheme as ultra vires of
the Constitution of India, in May 2010, a five-judge bench
of the Supreme Court ruled that there was no violation
of the concept of separation of powers because the
role of an MP in this case is recommendatory and the
18

actual work is carried out by the Panchayats and
Municipalities which belong to the executive organ.
There are checks and balances in place through the
guidelines which have to be adhered to and the fact that
each MP is ultimately responsible to the Parliament.
Meanwhile, some MPs are pushing for hiking the amount
allocated under the scheme to Rs 5 crore.
COMMITTEE ON MPLADS
• The Committee on Members of Parliament Local
Area Development Scheme is an ad hoc Committee
consisting of 24 Members who are nominated by
the Speaker from amongst the Members of the Lok
Sabha to serve the Committee for a period not
exceeding one year. The Committee is
reconstituted by the Speaker every year.
• The functions of the Committee on MPLADS of Lok
Sabha are –
(a) to monitor and review periodically the
performance and problems in implementation
of the MPLAD Scheme;
(b) to consider complaints of members of Lok
Sabha in regard to the Scheme; and
(c) to perform such other functions in respect of
the MPLAD Scheme as may be assigned to it by
the Speaker from time to time.
• The observations/recommendations of the
Committee on a subject/complaint/suggestion/
representation are contained in its Report, which,
after its adoption by the Committee, is presented
to the Lok Sabha by the Chairperson or in her/his
absence by any other member of the Committee.
►PARLIAMENTARY COMMITTEES
The work done by the Parliament in modern times is not
only varied and complex in nature, but also considerable
in volume. The time at its disposal is limited. It cannot,
therefore, give close consideration to all the legislative
and other matters that come up before it. A good deal of
its business is, therefore, transacted in Committees of
the House, known as Parliamentary Committees.
• Parliamentary Committee means a Committee which
is appointed or elected by the House or nominated by
the Speaker and which works under the direction of
the Speaker and presents its report to the House or
to the Speaker and the Secretariat.
• By their nature, Parliamentary Committees are of two
kinds: Standing Committees and Ad hoc
Committees.
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• Standing Committees are permanent and regular
committees which are constituted from time to time
in pursuance of the provisions of an Act of Parliament
or Rules of Procedure and Conduct of Business in Lok
Sabha. The work of these Committees is of
continuous nature. The Financial Committees,
Department Related Standing Committees (DRSCs)
and some other Committees come under the
category of Standing Committees.
• Ad hoc Committees are appointed for a specific
purpose and they cease to exist when they finish the
task assigned to them and submit a report. The
principal Ad hoc Committees are the Select and Joint
Committees on Bills. Railway Convention Committee,
Joint Committee on Food Management in Parliament
House Complex etc also come under the category of
ad hoc Committees.
NEED FOR PARLIAMENTARY COMMITTEES
• Scrutiny - The need for Committees arises out of two
factors, the first one being the need for vigilance on
the part of the Legislature over the actions of the
Executive, while the second one is that the modern
Legislature these days is over-burdened with heavy
volume of work with limited time at its disposal. It
thus becomes impossible that every matter should be
thoroughly and systematically scrutinized and
considered on the floor of the House.
• Consider Complexity & Nature of Bills - Considering
the complexity of Bills, nature of conduct of business
of Parliament and limited time available at
Parliament’s disposal (Budget Session, Monsoon
Session & Winter Session), good deal of Parliament’s
business is therefore, transacted in Committees of
the House, known as Parliamentary Committees.
• Deliberation & Discussion - In a Committee, the
matter is deliberated at length, views are expressed
freely, the matter is considered in depth, in a
business-like manner and in a calmer atmosphere.
• Vibrant Link between Legislature, Executive &
Public - In most of the Committees, public is directly
or indirectly associated when memoranda containing
suggestions are received, on-the-spot studies are
conducted and oral evidence is taken which helps the
Committees in arriving at the conclusions. Thus,
Parliamentary Committees acts as vibrant link
between the Parliament, the Executive and the
general public.
• Assist Legislature & Prevent Misuse of Power of
Executive - The Committees aid and assist the
Legislature in discharging its duties and regulating its
19

functions effectively, expeditiously and efficiently.
Through Committees, Parliament exercises its control
and influence over administration. Parliamentary
Committees have a salutary effect on the Executive.
The Committees are not meant to weaken the
administration, instead they prevent misuse of power
exercisable by the Executive.
• Provides Expertise - Entrusting certain functions of
the House to the Committees has, therefore, become
a normal practice. This has become all the more
necessary as a Committee provides the expertise on a
matter which is referred to it.
►FINANCIAL COMMITTEES
• Among the Standing Committees, the three Financial
Committees - Committees on Estimates, Public
Accounts and Public Undertakings - constitute a
distinct group as they keep an unremitting vigil over
Government expenditure and performance.
• While members of the Rajya Sabha are associated
with Committees on Public Accounts and Public
Undertakings, the members of the Committee on
Estimates are drawn entirely from the Lok Sabha.
►COMMITTEE ON ESTIMATES
ABOUT ESTIMATES COMMITTEE
• Membership -The Committee on Estimates consists
of 30 members—all from Lok Sabha who are elected
by Lok Sabha every year from amongst its members
according to the principle of proportional
representation by means of single transferable vote.
• Proportional Representation -This system of
election ensures that each Party/Group is
represented on the Committee in proportion to its
strength in Lok Sabha.The Chairperson of the
Committee is appointed by the Speaker from
amongst the members elected to the Committee.
• Minister not part of Committee - A Minister is not
elected to be a member of the Committee, and if a
member, after election to the Committee, is
appointed a Minister, such member ceases to be a
member of the Committee from the date of such
appointment.
• Tenure -The term of office of the members of the
Committee does not exceed one year.
• The Committee on Estimates is constituted under
Rule 310 of the Rules of Procedure and Conduct of
Business in Lok Sabhafor examination of such of the
estimates as may seem fit to the Committee or are
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specifically referred to it by the House or the
Speaker.
FUNCTIONS OF ESTIMATES COMMITTEE
(a) to report what economies, improvements in
organization, efficiency or administrative reform,
consistent with the policy underlying the estimates,
may be effected;
(b) to suggest alternative policies in order to bring about
efficiency and economy in administration;
(c) to examine whether the money is well laid out within
the limits of the policy implied in the estimates
including estimates of budget; and
(d) to suggest the form in which the estimates shall be
presented to Parliament;
EXAMINATION BY ESTIMATES COMMITTEE
• At the beginning of its term every year, usually at the
first sitting, the Committee selects subjects
concerning the estimates or any part of the estimates
of a Ministry/Department of Central Government or
such statutory and Government organisations which
do not fall within the purview of the Committee on
Public Undertakings for examination during the year.
• So the Estimates Committee shall not exercise its
functions in relation to such public undertakings as
are allotted to the Committee on Public Undertakings
by these rules or by the Speaker.
• The examination by the Estimates Committee of the
estimates for the Ministries and Departments of
Government is a continuing exercise throughout the
financial year and the Committee reports to the
House as its examination proceeds.
• It is not incumbent on the Committee to examine the
entire estimates of all the Ministries or Departments
in any one year and such estimates of all ministries or
department can be examined over a period of years.
• The Demands for Grants may be finally voted by the
government even though the Committee has made
no report.
• The Committee may from time to time appoint one or
more Sub-Committees/Study Groups consisting of
Members of the Committee for carrying out detailed
examination of various subjects selected by the
Committee.
• The Committee/Sub-Committee may call upon
individual experts/representatives of non-official
organizations who have submitted memoranda on
the subjects under examination, to appear before it to
give evidence.
20

• Chairperson/Convener of the sub-Committee(s)/
Study Group(s) is appointed by the Chairperson of the
Committee from amongst the Members of the sub-
Committees/Study Groups.
REPORTS OF ESTIMATES COMMITTEE
• Report presented to Chairperson -After the
completion and adoption of Report by the
Committee, it is presented by the Chairperson to the
Lok Sabha.
• Report forwarded to Ministry concerned -After
presentation to the Lok Sabha, the report is
forwarded to the Ministry or Department concerned
which is required to take action on the
recommendations and conclusions contained in the
report and furnish action taken notes thereon within
six months.
• Report presented in the House -Action taken notes
received from the Ministries/ Departments are
examined by the Committee/Study Group/sub-
Committee and Action Taken Reports of the
Committee are presented to the House. Replies of
action taken or proposed to be taken received from
Government and final replies to the
recommendations after Chairperson’s approval are
also laid on the Table of Lok Sabha in the form of
Statements.
►PUBLIC ACCOUNTS COMMITTEE -
PAC
The Public Accounts Committee is charged with a
critical function of the legislature - overseeing
government finances. The PAC holds ministries
accountable to the audit reports of the Comptroller and
Auditor General, inquiries into whether government
funds were spent for purposes for which they were
allocated, and into the reasons for any excess
expenditure by government bodies.
HISTORICAL EVOLUTION
• Public Accounts Committee was first set up in 1921 in
the wake of the Montague-Chelmsford Reforms. W.
M.Hailey was its first president, and Bhupendra Nath
Mitra was its first Indian president. The last president
before Independence was Liaquat Ali Khan.
• The Committee on Public Accounts underwent a
radical change with the coming into force of the
Constitution of India on 26 January, 1950, when the
Committee became a Parliamentary Committee
functioning under the control of the Speaker with a
non-official Chairman appointed by the Speaker from
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among the Members of Lok Sabha elected to the
Committee. The Minister of Finance ceased to be a
Member of the Committee.
CONSTITUTION OF PAC
• PAC is constituted by Parliament every year for
examination of accounts showing the appropriation
of sums granted by Parliament for expenditure of
Government of India, the annual Finance Accounts of
Government of India, and such other Accounts laid
before Parliament as the Committee may deem fit.
PAC can audit accounts of govt. bodies except those
of Public Undertakings and Government Companies
which come under the purview of the Committee on
Public Undertakings).
• Constitution of PAC – PAC consists of not more than
22 members of which 15 members are elected from
Lok Sabha every year from amongst its members
according to the principle of proportional
representation by means of single transferable vote.
Not more than 7 members of Rajya Sabha are elected
by that House in like manner.
• Chairpersonappointed by Speaker - The
Chairperson is appointed by the Speaker of Lok Sabha
from amongst its members. The Speaker, for the first
time, appointed a member of the Opposition as the
Chairman of the Committee for 1967-68. This practice
has been continued since then.
• A Minister in the government is not eligible to be
elected as a member of PAC.
FUNCTIONS OF PAC
• To consider the Demands for Grants of various
Ministries/Departments of Government of India and
make reports to the Houses.
• The committee brings to the notice of the Parliament
instances of extravagance, loss, in fructuous
expenditure and lack of financial integrity in public
services.
• To examine such Bills as are referred to the
Committee by the Chairman, Rajya Sabha or the
Speaker, Lok Sabha, as the case may be, and make
reports thereon.
• To consider Annual Reports of ministries/
departments and make reports thereon; and
• To consider policy documents presented to the
Houses, if referred to the Committee by the
Chairman, Rajya Sabha or the Speaker, Lok Sabha, as
the case may be, and make reports thereon.
• To examine the report of accounts of the Union
Government submitted by the Comptroller and
21

Auditor-General of India (CAG), to the President.
Article 151 of the Indian constitution require the
President to lay this report before each House of the
Parliament.
• In examining the report of the CAG, the committee
has to satisfy itself that –
(a) the expenditures made by the government, were
authorized by the Parliament, and
(b) that the expenditures under any head has not
crossed the limits of parliamentary authorization.
• The Committee is assisted by the Comptroller and
Auditor General in the examination of Accounts and
Audit Reports.
• While scrutinising the Reports of CAG on revenue
receipts, PAC examines various aspects of
Government’s tax administration. PAC examines
cases involving under-assessments, tax-evasion,
non-levy of duties, misclassifications etc., identifies
the loopholes in the taxation laws and procedures
and makes recommendations in order to check
leakage of revenue.
• Apart from the Reports of the Comptroller and
Auditor General of India on Appropriation Accounts of
the Union Government, the Committee also examines
the various Audit Reports of the Comptroller and
Auditor General on revenue receipts, expenditure by
various Ministries/ Departments of Government and
accounts of autonomous bodies.
• The Committee, however, does not examine the
accounts relating to such public undertakings as are
allotted to the Committee on public undertakings.
• The committee cannot question policies of the
government. It only concerns itself with the execution
of policy on its financial aspects.
SUMMONING BY PAC
• The representatives of the Ministries appear before
the Committee while examining the Accounts and
Audit Reports relating to their Ministries. A Minister is
not called before the Committee either to give
evidence or for consultation in connection with the
examination of Accounts by the Committee.
• The Chairperson of PAC may whenever he considers
necessary, (after its deliberations are concluded)
have an informal talk with the Minister concerned to
apprise her/him of
(a) any matters of policy laid down by the Ministry
with which the Committee does not fully agree;
and
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(b) any matters of secret and confidential nature
which the Committee would not like to bring on
record in its report.
• The Committee later takes oral evidence of the
representatives of the Ministries/Departments
concerned with the subjects under examination.
REPORT OF PAC PRESENTED IN LOK SABHA & RAJYA
SABHA
• After conclusion and adoption of Report by PAC, the
Report is presented by the Chairperson to the Lok
Sabha and a copy of the Report is also laid on the
Table of Rajya Sabha.The Reports of the Committee
are adopted by consensus among members.
• After presentation to the Lok Sabha, copies of the
Report are forwarded to the Ministry or Department
concerned which is required to take action on the
recommendations and observations contained in the
Report and furnish action taken notes thereon within
six months from the date of presentation of the
Report.
• Action taken by Ministry or Department is taken note
of and report of actions taken by the concerned
ministry or department on suggestions of PAC is laid
on the table of Lok Sabha and Rajya Sabha.
• Replies received from Government in respect of
recommendations contained in the Action Taken
Reports after approval by the Chairperson are also
laid on the Table of Lok Sabha/Rajya Sabha in the
form of Statements.
►COMMITTEE ON PUBLIC
UNDERTAKINGS
ABOUT PUBLIC UNDERTAKINGS COMMITTEE
• The Committee comprise of 22 members out of which
15 are from Lok Sabha and 7 members are from Rajya
Sabha. The Committee on Public Undertakings
examines reports of the Comptroller and Auditor-
General, if any.
• The members of Public Undertakings Committee are
elected annually through the principle of Proportional
Representation by means of Single Transferable Vote.
FUNCTIONS OF PUBLIC UNDERTAKINGS COMMITTEE
• Examine Reports & Accounts of the Public
Undertakings specified in the Fourth Schedule to the
Rules of Procedure and Conduct of Business in Lok
Sabha and the reports of the Comptroller and Auditor
General.
22

• Examines Efficiency of PSUs in accordance with
sound business principles and prudent commercial
practices.
• Audit of all government companies and statutory
corporations formed under Companies Actwhose
annual reports are placed before the Parliament.
• Audit of CAG Report on PSUs -
• What the Committee does not Examine? -
TheCommittee does not examine
(a) matters of major Government policy as distinct
from business or commercial functions of Public
Undertakings;
(b) matters of day-to-day administration; and
(c) matters for the consideration of which machinery
is established by any special statute under which a
particular undertaking is established
WORKING OF PUBLIC UNDERTAKINGS COMMITTEE
• The Committee calls for preliminary material with
regard to the working of the Public Undertakings from
the Ministries of the Government/ Public
Undertakings and also visits the projects and
establishments of the Public Undertakings for an on-
the-spot study of their working.
• The Committee also examines official and non-official
witnesses and also takes the assistance of the
Comptroller and Auditor General of India in pursuing
the matters raised in the Audit Reports relating to the
Undertakings or Statutory Corporations.
• Thereafter, the Committee arrives at its
Observations/Recommendations, which along with
the facts on which they are based are embodied in
the Reports of the Committee.
REPORTS OF THE COMMITTEE
• The Reports of the Committee after factual
verification by the Ministry/ Undertaking concerned,
and Comptroller and Auditor General of India, if
based on Audit Report are presented to Parliament.
• The Reports are sent to the Government for taking
necessary action on the Recommendations.
• The government must submit their reply generally
within 6 months regarding action taken on the
Observations/ Recommendations of the Committee.
• Such Replies of the government and final observation
of the Chairperson are presented in both House of
Parliament.
►BUSINESS ADVISORY
COMMITTEE
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• The Business Advisory Committee is constituted at
the commencement of new Lok Sabha after the
general elections. No specific term of its office is laid
down in the rules but like other parliamentary
committees, it holds office until a new committee is
nominated by the Speaker.
• In practice, however, the Committee is usually
reconstituted every year and assumes office in the
first week of June. It consists of 15 members including
the Speaker who is the ex-officio Chairperson of the
Committee. The members of the Committee are
nominated by the Speaker.
• The Deputy Speaker, if he is not nominated on the
Committee may also be invited to attend the sittings
of the Committee, as a special invitee.
FUNCTIONS OF THE COMMITTEE
• To recommend the time that should be allocated
for the discussion of the stage or stages of
Government Bills and other business as the Speaker,
in consultation with the Leader of the House, may
direct for being referred to the Committee.
• To indicate in the proposed time table the different
hours at which various stages of a Bill or other
Government business should be completed.
• To prioritize work decided by Government -It only
allots time in respect of the business to be transacted
by the House during the Government time. However,
the priority in respect of these items is determined by
Government.
• To select Bills, Motions & Short Duration Question
for discussion -
• To recommends proposals for late sittings of the
House, dispensing with the Question Hour or lunch
hour, extension of sittings of the House beyond the
normal hours of adjournment and fixing of additional
sittings/ cancellation of sittings are placed before the
Committee for its recommendation.
REPORT OF COMMITTEE CIRCULATED AMONG
MEMBERS
• The recommendations of the Committee are
presented to the House in the form of a report and
Printed copies of the report are circulated to
members.
• A motion that the House do agree with the report of
the Committee is moved in the House on the
following day.
• After the report is agreed to by the House, the
allocation of time as approved by the House is
notified and it takes effect as an order of the House.
23

• No variation is permissible in the allocation of time
order except on a motion adopted by the House.
• The Speaker may however increase the time on any
item by one hour in his discretion without a formal
motion being moved.
►COMMITTEE ON SUBORDINATE
LEGISLATION
• The Committee consists of 15 members nominated
by the Speaker for a term not exceeding one year. A
Minister is not nominated a member of the
Committee.
• Functions - to scrutinize and report to the House
whether the powers to make regulations, rules, sub-
rules, bye-laws etc. conferred by the Constitution or
delegated by Parliament are being properly exercised
within such delegation.
• The Committee considers each regulation, rule, sub-
rule, byelaw etc. framed in pursuance of the
provisions of the Constitution or the legislative
functions delegated by Parliament to a subordinate
authority, and which is required to be laid before the
House, with particular reference to –
(a) whether it is in accordance with the general
objects of the Constitution or the Act pursuant to
which it is made;
(b) whether it contains matter which in the opinion of
the Committee should more appropriately be
dealt with in an Act of Parliament;
(c) whether it contains imposition of any tax;
(d) whether it directly or indirectly bars the
jurisdiction of the courts;
(e) whether it gives retrospective effect to any of the
provisions in respect of which the Constitution or
the Act does not expressly give any such power;
(f) whether it involves expenditure from the
Consolidated Fund of India or the Public revenues;
(g) whether it appears to make some unusual or
unexpected use of the powers conferred by the
Constitution or the Act pursuant to which it is
made;
(h) whether there appears to have been unjustifiable
Delay in its publication or in laying it before
Parliament; and
(i) whether for any reason its form or purport calls
for any elucidation.
• Examines the Bills which seek to delegate powers to
make regulations, rules, sub-rules, bye-laws etc. or
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amend earlier Acts delegating such powers, with a
view to see whether suitable provisions for the laying
of the regulations, rules, etc. have been made therein.
• Comment on provisions in laws delegating
powers, if the delegation of power is in conflict with
principles of administrative law.
►DEPARTMENT RELATED
PARLIAMENTARY STANDING
COMMITTEES - DRPSC
A day after Lok Sabha Speaker Om Birla wrote to
chairpersons of Parliamentary Standing Committees
advising them to ensure confidentiality of panel
meetings, Rajya Sabha Chairman M. Venkaiah Naidu also
wrote an advisory on similar lines.
• The need to constitute some kind of Subject Specific
Committees or the Department-related
Parliamentary Standing Committees was felt for the
last several years.
• In 1989, in fact, 3 Standing Committees were
constituted which dealt with Agriculture, Science and
Technology and Environment and Forests.
• In 1993, it was finally decided to set up 17
Department-related Parliamentary Standing
Committees each consisting of 15 members of Rajya
Sabha and 30 from Lok Sabha to cover various
Ministries/Departments of the Union Government in
order to further strengthen the accountability of the
Government to Parliament.
• With the addition of 7 more Committees in July 2004,
the number of Department-related Parliamentary
Standing Committees was raised to 24 but with
reduced membership of 10 members from Rajya
Sabha and 21 members from Lok Sabha.
• Of the total Department-related Parliamentary
Standing Committees, 8 were placed within the
jurisdiction of the Chairman, Rajya Sabha and 16
within the jurisdiction of the Speaker, Lok Sabha.
• The Chairmen of the first 8 Committees are appointed
by Chairman, Rajya Sabha and the remaining
16 by the Speaker of Lok Sabha.
RULES OF PROCEDURE AND CONDUCT OF BUSINESS
IN THE COUNCIL OF STATES
Functions entrusted to DRPSC under the purview of
chairman of Rajya Sabha
(a) to consider the Demands for Grants of the related
Ministries/ Departments and report thereon. The
24

report shall not suggest anything of the nature of cut
motions.
(b) to examine Bills, pertaining to the related Ministries/
Departments, referred to the Committee by the
Chairman or the Speakerand report thereon;
(c) to consider the annual reports of the
Ministries/Departments and report thereon; and
(d) to consider national basic long term policy
documents presented to the Houses, if referred to
the Committee by the Chairman or the Speaker, as
the case may be, and report thereon;
Provided that the Standing Committees shall not
consider matters of day to-day administration of the
related Ministries/Departments.
REPORTS OF THE COMMITTEE
1. The report of the Standing Committee shall be based
on broad consensus.
2. Any member of the Committee may record a minute
of dissent on the report of the Committee.
3. The report of the Committee, together with the
minutes of dissent, if any, shall be presented to the
Houses.
A Standing Committee shall not ordinarily consider
matters within the purview of any other Parliamentary
Committee. The report of a Standing Committee shall
have persuasive value and shall be treated as
considered advice given by the Committee.
►JOINT PARLIAMENTARY
COMMITTEES
• Joint Parliamentary Committee (JPC) is a kind of Ad
Hoc Committee constituted for a specific purpose.
The JPC, an ad-hoc body, is set up for a given period
of time and is aimed at addressing a specific issue.
Joint committees are set up by a motion passed in
one house of Parliament and agreed to by the other.
The details regarding membership and subjects are
also decided by Parliament.
• JPC are generally constituted on the basis of
consensus arrived between the government and the
opposition to investigate specific issues. The mandate
of a JPC depends on the specifics of motion presented
in either House of Parliament.
• Thus, a JPC has a wider ambit and need not only be
limited to the scrutiny of government finances. The
committee’s members are decided by Parliament.
• Number of members for a JPC is not fixed and may
vary each time. In a JPC, number of Lok Sabha
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members are double than the Rajya Sabha members.
For example, the motion to constitute a JPC on the
Stock Market Scam(2001) and Pesticide Residuesin
soft drinks(2003) was moved by the government in
the Lok Sabha.
• The Speaker has the final word in case of a dispute
over calling for evidence.
JOINT PARLIAMENTARY COMMITTEE SO FAR (CAN BE
USED AS EXAMPLES OR ILLUSTRATIONS)
• The first JPC was constituted to enquire into the
allegations of corruption in defence contract in
purchase of Bofors in 1987.
• The second JPC was constituted to enquire into
irregularities into Banking and Security transactions in
1992 which is popularly referred as Harshad Mehta
scam.
• The third JPC was constituted an identical scam in
stock market manipulation popularly known as Ketan
Parekh scam.
• The fourth JPC was constituted in 2003 to inquire into
enquire into levels of pesticide residues in soft drinks,
fruit juice and other beverages.
• Fifth JPC was set to probe 2G spectrum scam in 2011
to examine policy prescriptions and their
interpretation" by successive governments in the
allocation and pricing of telecom licences and
spectrum from 1998 to 2009. The said JPC had 20 MPs
from Lok Sabha and 10 members from the Rajya
Sabha.
• VVIP Chopper Scam in 2013. The last time a
committee was set up in 2015 for the purpose of
examination of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement (Second Amendment) Bill.
• E-Commerce giant Amazon refused to appear before
Joint Parliamentary Committee which is examining
the Draft Data Protection Bill, 2019.
POWERS OF JPC
• A JPC is authorised to collect evidence in oral or
written form or demand documents in connection
with the matter which is being investigated.
• A JPC can obtain evidence of experts, public bodies,
associations, individuals or interested parties suo
motu or on requests made by them.
• If a witness fails to appear before a JPC in response
to summons, his conduct constitutes Contempt of
the House.
• The proceedings and findings of the committee are
confidential, except in matters of public interest. The
25

government can take the decision to withhold a
document if it is considered prejudicial to the safety
or interest of the State.
• The Speaker has the final word in case of a dispute
over calling for evidence.
RECOMMENDATIONS OF JPC
• JPC recommendations have persuasive value but the
committee cannot force the government to take any
action on the basis of the report.
• The government may decide to launch fresh
investigations on the basis of a JPC report. However,
the discretion to do so rests entirely with the
government.
• The government is required to report on the follow-
up action taken on the basis of the recommendations
of the JPC and other committees.
• However, the opposition can always attack the
government on the reports and recommendations
made by the JPC in a particular case.
►INDIAN PARLIAMENT & NEED
FOR REFORMS
• Article 79 of the Indian Constitution states that there
shall be a Parliament for the Union which shall consist of
the President and two Houses to be known respectively
as the Council of States (Rajya Sabha) and the House of
the People (Lok Sabha).
• Parliament is thus the pivotal institution of our
representative parliamentary democratic polity. In
parliamentary democracy, just as government is
responsible to the Parliament, Parliament is also
responsible to the people who are the supreme
sovereign.
• However, like all living institutions, functioning of
Parliament must reflect the contemporary realities
and must imbibe necessary changes in its functioning
and procedures.
• Thus, Parliamentary Reforms becomes essential to
reflect a vibrant and dynamic democracy always
ready to change according to the will of the people
and time.
• Based on these understandings and need for
Parliamentary reforms considering decline in quality
and quantum of debates, Vice-President of India has
very recently suggested a 15 point Reform Charter for
the functioning of the Parliament.
• Even the National Commission to Review the
Working of the Constitution (NCRWC) in its
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extensive Report has suggested certain important
Parliamentary Reforms.
►PARLIAMENTARY REFORMS
SUGGESTED BY VICE-PRESIDENT
Expressing concern over the functioning of
parliamentary institutions in the country and erosion of
public trust in them, the Vice President, Shri M. Venkaiah
Naidu unveiled a 15 point Reform Charter as the basis
for a new political normal to enable effective functioning
of the Parliament and State Legislatures. He dwelt at
length on the present pitfalls of parliamentary
democracy in India while delivering the first ‘Arun Jaitely
Memorial Lecture on Strengthening of Parliamentary
Institutions in the Country’ at Delhi University. Throught
his speech, he also mentioned about Parliamentary
Democracy and value of Public Opinion, Supremacy of
Parliament, Functioning of Legislatures and Role of
Parliament.
ON PARLIAMENT, DEMOCRACY AND PUBLIC OPINION
• Expressing Public Opinion – Parliamentary
government revolves around the consent of the
people through elected representatives. Parliament is
an instrument for expressing public opinion and
voicing public grievances, restraining the executive
and ensuring its responsibility and accountability to
national sentiment and will.
• Core Function of Parliament –Its core functions
include constituent, legislative, deliberative and
oversight of executive. Effectiveness of Parliament is
contingent upon the degree to which it echoes public
concerns on a range of issues ranging from the
individual to the nation’s development and hence, it
shall keep its eyes and ears open to the public
opinion.
• Roots of Parliamentary System –The roots of
parliamentary system lie in the democratic ideal and
they have to be fostered outside the confines of
Parliament and among the masses of the people.
Unless the roots are vitalised and made to acquire
self-developing potentialities, the branches of the
system represented by the Parliament and State
Legislatures cannot draw the necessary sustenance.
• Need for Mature& Informed Electorates –
Parliamentary democracythrives in the true sense
only when the electorate is mature, informed,
intelligent and vigilant, and that can be done only by
intensive and continuous education of the public of
their obligations and rights as citizens of a democratic
republic. Even media has an important role to play in
this regard as it nourishes and nurtures public
26

opinion the way it presents news happening in the
country and around the world.
• Four Foundational Principle of Democracy–The
four fundamentals on which any democracy thrives
are1. Majority rule, 2. Recognition of minority rights,
3. Constitutional government and 4. Governance by
discussion.While democracy has taken deep roots in
our country, there is still a large set of concerns that
need to be addressed.
• People’s Trust Essential –Trust of the people in
Parliament and other legislatures based on the
responsiveness of law making bodies to the concerns
of the people is critical for democracy and the
conduct of legislators.
CONCERNS ON INDIAN DEMOCRACY
• Concerns on Efficacy of Indian Democracy -Vice
President also highlighted some of the concerns
about Indian democracy such as poor knowledge and
low argumentative power of the masses, negative
influences of poverty and economic disparities, faulty
‘First Pass The Post (FPTP)’ election system and
society’s perpetual habit of accepting all permeable
State to control public and private affairs are the
sources of some concerns about the efficacy of our
democracy.
• Need for Political Consciousness - VP enumerated
several pitfalls that are adversely impacting the
legislative institutions and suggested remedial
measures. He called for a new political consciousness
urging all the stakeholders to review their mindset
with regard to their roles and responsibilities.
• Need to Address Declining Debates in Parliament -
Expressing concern over poor attendance in the
legislatures and the quality of debates, the Vice
President urged the political parties to ensure
attendance of at least 50% of their legislators all
through the proceedings of the Houses by adopting a
Roster System. This suggestion came in the context of
Parliament being forced to be adjourned due to lack
of quorum of the required presence of 10% of the
strength of the Houses.
• Need to Review Whip System -Responding to the
concerns over stifling of the freedom of expression of
the legislators due to issuance of ‘Whip’, VP called for
a review of the same so as to enable reasonable
degree of dissent without impacting the stability of
the government.
• Review of Anti-Defection Law -The Vice President
also advocated a thorough review of the Anti
Defection Law to rectify the grey areas like
incentivising legislators to resort to actions inviting
expulsion from the party besides providing for time
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bound disposal of defection cases by the Presiding
Officer.
• Strengthening Parliamentary Committees -On
functioning of committees, VP said that he would
discuss with Lok Sabha Speaker the measures needed
for effective functioning of these committees with
longer tenure instead of the present one year,
promoting specialisation by nominating the Members
for a longer period etc.
• Pre and Post Legislative Impact Assessment - VP
proposed a detailed framework based pre and post
Legislative Impact Assessment.He stressed that every
legislative proposal shall incorporate a detailed
account of social, economic, environmental and
administrative impact for wider awareness and
subsequent assessment of the effect of legislation on
ground.
• Presidential Form of Government not an option -
VP mentioned that ‘Parliamentary form of
Government’ is one of the features of the ‘Basic
structure of the Constitution’ and is accordingly
beyond the power of Parliament to be amended as
per the settled position in the matter. He said that
the alternative of ‘Presidential form of Government’
for India is no option by virtue of the same.
• Voting should be based on Development and not
Caste or Religion -There is a need to move away
from identity based voting on basis of caste,
community, region and religion to development
oriented exercise of voting preferences.
• Government must consider views of Opposition -
VP underscored the need for the governments to be
responsive to the concerns of the Opposition and the
Opposition to be responsible and constructive during
the debates and while criticising the government and
opposing legislation.
• Need for Consensus of other Important Issues -VP
stressed on building consensus for important issues
such as
ο simultaneous poll
ο enacting for reservation of women in legislatures
ο making rules that automatically take effect against
erring members in case of interruptions and
disruptions
ο regular publication of reports by the Secretariats of
Legislatures on the attendance of Members and
their participation in debates
ο doing away with the winnability as the sole
criterion for selecting contestants by political
parties to address the concern of rising number of
legislators with criminal record.
27

SUMMARY OF BROAD FRAMEWORK OF
PARLIAMENTARY REFORMS SUGGESTED BY VICE-
PRESIDENT OF INDIA
1. Both pre and post Legislative Impact
Assessment to be ensured for quality and
informed law making for creating wider
awareness about the targeted outcomes by
bringing out social, economic, environmental and
administrative impacts besides the involvement
of all stakeholders in law making;
2. Ensuring effective functioning of the
Department Related Standing Committees of
Parliament through longer tenures instead of
reconstitution every year as at present besides
promoting specialisation by nomination on the
committees based on academic backgrounds and
their re-nomination on the same committees for
longer period. I would like to discuss this issue
with the Speaker, Lok Sabha for further action.
3. Women Reservation - Taking forward the
legislation in the Parliament for reservation of
women in legislatures whose representation is at
present only about 13%.
4. Number of Sittings -A minimum number of
sittings for both the Parliament and State
Legislatures per year to be appropriately
prescribed and compliance ensured.
5. Enforceable Code of Conduct- Law makers
should abide by the Rules of the House and
political parties to take responsibility in this
regard by evolving and enforcing a code of
conduct.
6. Rules on Interruptions of Proceedings - Making
rules that automatically take effect against erring
Members in case of interruptions and disruptions;
7. Roster System -Political parties to evolve roster
system for ensuring attendance of at least 50% of
their members in the legislatures all through the
proceedings of the House everyday to address
the issue of lack of quorum.
8. Publication of Reports -Secretariats of
legislatures to publish regular reports on the
attendance of members inside during the
proceedings and the extent of their participation
in the form of questions raised, debates
participated in etc.;
9. Opportunities for New Entrants -Legislature
parties to ensure that the new entrants and back
benchers are given adequate opportunities to
participate in the debates instead of fielding only
a select and established few.
10. Prevent Criminalisation of Politics -To evolve a
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new political consciousness under which tickets to
contest elections will not be given merely on the
criteria of winnability by political parties to
address the problem of rising number of
legislators with criminal backgrounds;
11. Review Anti-Defection Law -To review the
functioning of the Anti-Defection Law to address
grey areas like incentivising members to resort to
activities that invite expulsion from the parties
besides stipulating specific time frame for
deciding on defection matters by the Presiding
Officers of Legislatures.
12. Review Whip System - To review the functioning
of ‘Whip System‘ which is being alleged to be
stifling even reasonable dissent from the party
position even on non-consequential matters and
rationalise the norms for issuing Whip to enable
some degree of freedom of expression without
adversely affecting stability of the Government;
13. Tribunals for MPs -Setting up special
courts/tribunals for time bound adjudication on
criminal complaints against legislators and
election related matters;
14. Action against Non-Ethical Conduct -Timely and
effective action against legislators for non-ethical
conduct; and
15. Governments to be responsive to the views
and concerns of the Opposition- and the
Opposition to be responsible and constructive
while resorting to the available parliamentary
instruments like Adjournment Motions and during
participation in the debates and both sides to
avoid cynical and adversarial position just for the
sake of it.
16. Simultaneous Elections -Consensus to be built
on the proposal for simultaneous elections so
that governance is not adversely impacted on
account of staggered and continuous polls across
the country and also to address the problem of
rising money power in elections.
►NATIONAL COMMISSION TO
REVIEW THE WORKING OF THE
CONSTITUTION - ON PARLIAMENT
& STATE LEGISLATURES
Important suggestions made by National Commission to
Review of the Working of the Constitution on Parliament
& State Legislatures. NCRWC in its Report states that the
most important function of Parliament and State
Legislatures is to represent the people.
28

RECOMMENDATION TO CONSTITUTE THE
CONSTITUTION COMMITTEE
• The constituent power under the Constitution
belongs exclusively to Parliament. The responsibility
of Parliament therefore becomes much greater in the
case of Constitution (Amendment) Bills.
• At times, an important amendment bill may be
rushed through the two Houses of Parliament without
proper discussion. This does not speak well of the
way parliament is exercising its constituent power.
• Prior to the introduction of Constitution Amendment
Bill in the Parliament, such a Bill must be scrutinised
by the Parliament through a Committee. The
Parliament should be associated with the initial stage
itself in the matter of formulating proposals for
constitutional amendment.
• The actual drafting should be taken up only after the
principles underlying the amendment have been
thoroughly considered in a parliamentary forum and
subjected to a priori scrutiny by the constituent
power.
• The proposed involvement of Parliament and a priori
scrutiny can be achieved through the device of a
Standing Constitution Committee. This process will
enhance the legitimacy and acceptability of
constitutional change. Now another problem which is
encountered is that certain Constitution Amendments
are declared ultra vires and violative of constitutional
provisions or at times Basic Structure.
• So, scrutiny of the Bill by Standing Constitution
Committee prior to introduction of the Bill in the
Parliament will also ensure its constitutionality and
that it does not violate Fundamental Rights or other
important provisions of the Constitution.
CODE OF ETHICS FOR PARLIAMENTARIANS
• In the words of NCRWC, Parliamentarians have to be
like Caesar's wife, above suspicion. They must
voluntarily place themselves open to public scrutiny
through a parliamentary ombudsman.
• Thus, Parliament must draft an enforceable Code of
Ethics which has been under discussion for a long
time, it would place Parliament on the high pedestal
of people's affection and regard.
FIXING DAYS OF WORKING
• To ensure that the Parliament and the State
Legislatures assemble and transact business for not
less than a minimum number of days, NCRWC has
recommended that the Houses of State Legislatures
with less than 70 members should meet for at least
50 days in a year and other Houses should meet for
at least 90 days.
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• Whereas the minimum number of days for sittings of
Rajya Sabha and Lok Sabha should be fixed at 100
and 120 days respectively. This will guarantee a
minimum number of working days for the Parliament
and State Legislatures to transact government
business.
ORIENTATION PROGRAMMES FOR NEW MEMBERS
• It is important to cater to the first time entrants to
Parliament and State Legislatures. They must be
provided professional orientation regarding their
nature of work and must be informed of the
important rules, procedures, precedents and customs
of Parliamentary practice.
• The curriculum for their orientation should include
adequate knowledge of the political system, the
Constitution, the rules of procedure and conduct of
business, practices and precedents, mechanisms and
modalities of working of the Houses and the
Parliamentary Committees, the rules of parliamentary
etiquette and also about the unwritten rules of
parliamentary conduct and speech.
• The emphasis during the orientation should be on
imparting practical knowledge so that the new
entrants contribute in parliamentary works in a more
meaningful manner.
IMPROVING QUALITY OF LEGISLATION
• Legislations drafted by Parliament has often been
criticized for hasty drafting and also that it is rushed
through the Parliament without proper scrutiny of all
the provisions. NCRWC has suggested that to improve
quality of law making by
ο streamlining the functions of the Parliamentary
and Legal Affairs Committee of the Cabinet,
ο making greater use of the Law Commission,
ο setting up a new Legislation Committee of
Parliament to oversee and coordinate legislative
planning; and
ο referring all Bills to Departmental Standing
Committees for
 consideration and scrutiny,
 consulting by interest groups and experts
 finalisation of the second reading stage in the
relaxed atmosphere of Committees aided by
experts.
• This will help to reduce the burden of the House
without impinging on any of its rights and improving
the quality of drafting and content of legislation.
29
Section-2
LECTION
SSUES
►CONDUCT OF ELECTIONS IN
INDIA
India is a sovereign, socialist, secular, democratic
republic where democracy runs like a golden thread in
the social, economic and political fabric woven by the
makers. The concept of democracy as visualised by the
Constitution pre-supposes the representation of the
people in Parliament and State legislatures by the
method of election. The Supreme Court has held that
democracy is one of the inalienable basic features of the
Constitution of India and forms part of its basic
structure. It is here where the role of Election
Commission becomes very significant to conduct a free,
fair and transparent election for Parliament, State
Legislatures and for the office of President and Vice-
President. Conduct of free and fair elections enhances
electoral trust among people and this trust enhances the
quality of democracy in India for elections conducted at
rd th
all levels. After the Constitution 73 and 74
Amendment, the role of State Election Commission was
envisaged to conduct elections for panchayats and
municipalities and accordingly the State Election
Commission just like the Election Commission were
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ELATED
granted constitutional status and tenure and service
conditions of officials were also protected through
constitutional provisions. So, in this part let us go
through some of the important aspects of Election
Commission and issues related to elections and Electoral
Reforms.
►ELECTION COMMISSION OF INDIA
- ECI
The Election Commission of India is an independent
Constitutional Authority since 25th January, 1950. The
Constitution provides for Chief Election Commissioner
and one or more Election Commissioners to be
appointed. The Commission consisted of Chief Election
Commissioner till 1989, when for the first time two
Election Commissioners were appointed. Currently, the
Commission has a Chief Election Commissioner and two
Commissioners. Chief Election Commissioner and the
Election Commissioners enjoy the status of a Judge of
the Supreme Court of India. The Chief Election
Commissioner shall not be removed from his office
except in like manner and on the like grounds as a Judge
of the Supreme Court and the conditions of service of
30

the Chief Election Commissioner shall not be varied to
his disadvantage after his appointment. Whereas any
other Election Commissioner or a Regional
Commissioner shall not be removed from office except
on the recommendation of the Chief Election
Commissioner.
The Election Commission shall have the
superintendence, direction and control of the
preparation of the electoral rolls for, and the conduct of,
all elections to Parliament and to the Legislature of every
State and of elections to the offices of President and
Vice-President held under this Constitution. The Election
Commission is responsible for the conduct of elections
to parliament and state legislatures and to the offices of
the President and Vice-President. The Election
Commission prepares, maintains and periodically
updates the Electoral Rolls, which show who is entitled
to vote, supervises the nomination of candidates,
registers political parties, monitors the election
campaign, including the funding and exponential by
candidates. The Commission also organises the polling
booths where voting takes place, and looks after the
counting of votes and the declaration of results. All this
is done to ensure that elections can take place in an
orderly and fair manner. The Commission decides most
matters by consensus but in case of any dissension, the
majority view prevails. At the state level, a Chief Electoral
Officer with a core staff of varying numbers, is available
on a full time basis. At the district and constituency level,
officers and staff of the civil administration double up as
election officials. During actual conduct of elections, a
vast number of additional staff are temporarily deployed
and they function mainly as polling and counting
officials.
►VOTING IN ELECTIONS
As per Article 326, elections to the House of the People
and to the Legislative Assembly of every State shall be
on the basis of adult suffrage i.e. every person who is a
citizen of India and who is not less than 18 years of age
on a particular date fixed by the Commission, shall be
entitled to vote. Earlier, prior to March 1989 the voting
age was 21 and was subsequently reduced to 18 years
by the Constitution (Sixty-first Amendment) Act, 1988.
The right to vote is irrespective of caste, creed, religion
or gender. Those who are deemed unsound of mind,
and people convicted of certain criminal offences are not
allowed to vote. Increase in voting percentage in
elections to Lok Sabha and State Legislative Assemblies
is a sign of a healthy and vibrant democracy as it signals
people’s will to participate in the democratic process.
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►ELECTORAL ROLLS
The electoral roll of a constituency is a list of all those
people in that constituency who are registered to vote in
the elections. Only those people whose names are there
in the electoral rolls are allowed to vote as ‘electors’. The
electoral roll is normally revised every year to add the
names of those who are not less than 18 on a qualifying
date years as on 1st January of that year, or have moved
into the constituency, and to remove the names of those
who have died or moved out of the constituency.
th
255 Law Commission endorses the ECI’s suggestions
regarding the introduction of common electoral rolls for
Parliamentary, Assembly and local body elections.
However, given that introducing common electoral rolls
will require an amendment in the State laws pertaining
to the conduct of local body elections, the Central
Government should write to the various States in this
regard. We hope that the States will consider amending
their laws based on the suggestions of the ECI and the
Law Commission.
►EXERCISE OF DELIMITATION
Meaning of Delimitation - Delimitation is the redrawing
of the boundaries of parliamentary or assembly
constituencies to make sure that there are, as nearly as
practicable, the same number of people in each
constituency. Boundaries are meant to be readjusted
after the ten-yearly census to reflect changes in
population, for which Parliament by law establishes an
independent Delimitation Commission, made up of the
Chief Election Commissioner and two judges or ex-
judges from the Supreme Court or High Court. However,
under a constitutional amendment of 1976, delimitation
was suspended until after the census of 2001, so that
states' family-planning programmes would not affect
their political representation in the Lok Sabha and
Vidhan Sabhas. This led to a few discrepancies in the size
of constituencies.
Embargo imposed because of population control
measures adopted by states - The rationale underlying
such embargo was that some of the states which were
implementing the population control measures more
vigorously felt that they might lose some representation
in the Lok Sabha and state Legislative Assemblies on the
basis of 1981 and 1991 population figures vis-à-vis those
states which were not so effective in population control.
However, the above embargo, with the passage of time,
resulted in wide disparities in the electorates of almost
all Parliamentary and Assembly constituencies, affecting
the principle of ‘one man, one vote, one value’.
31

Therefore, by a further amendment to the Constitution
by 84th amendment in 2001, Parliament proposed an
alternative.
th
The Constitution 84 Amendment– It provided that
the territorial extent of all Parliamentary and Assembly
constituencies may be re-adjusted on the basis of
the1991 Census, but the allocation of seats to the states
in the Lok Sabha and the total number of seats in the
state Legislative Assemblies shall remain unchanged
until the first census to be undertaken after the year
2026, so as to protect the interests of the
aforementioned states controlling the population more
effectively.
th
The Constitution 87 Amendment - By another
subsequent 87th amendment to the Constitution in
2003, Parliament decided that the extent of
Parliamentary and Assembly constituencies may be
readjusted on the basis of the 2001 census instead of
the 1991 census. The reservation of seats for the
scheduled castes and scheduled tribes in the said
Houses was also decided to be readjusted on the basis
of the 2001 census. Pursuant to the above constitutional
amendments, a three member Delimitation Commission
headed by Justice Kuldip Singh, a retired Judge of the
Supreme Court, was set up in July 2002 under the
provisions of the Delimitation Act, 2002.
As per Article 82, Parliament by law enacts a
Delimitation Act after every census. Once the Act comes
into force, the Central Government constitutes a
Delimitation Commission. The Delimitation Commission
re-adjusted the territorial extent of Parliamentary and
Assembly constituencies in all states (except the states
of Arunachal Pradesh, Assam, Manipur and Nagaland,
where the delimitation process was deferred by an
amendment to the Delimitation Act in 2008).
►DELIMITATION COMMISSIONS IN
INDIA
Delimitation means the act or process of fixing limits or
boundaries of territorial constituencies in a country or a
province having a legislative body. In India, the job of
delimitation has been assigned to a high power body
known as Delimitation Commission or Boundary
Commission. For this, Delimitation Commission have
been constituted four times since independence:
1. In 1952 under Delimitation Commission Act, 1952
2. In 1963 under Delimitation Commission Act, 1962
3. In 1973 under Delimitation Commission Act, 1972
4. In 2002 under Delimitation Commission Act, 2002
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Orders of Delimitation Commission cannot be called in
question before any Court of law. The copies of its
orders are laid before the House of People and the State
Legislative Assembly concerned, but no modifications
are permissible therein by them.
Delimitation Commission headed by former Justice
Ranjana Prakash Desai
Central Government has constituted the Delimitation
Commission under Delimitation Act, 2002 to delimit
Assembly and Parliamentary Constituencies in the Union
Territory of Jammu and Kashmir and the states of
Assam, Arunachal Pradesh, Manipur and Nagaland. The
Commission shall comprise of former Justice Ranjana
Prakash Desai as Chairperson, Shri Sushil Chandra,
Election Commissioner as Member ex officio and State
Election Commissioner of the concerned State or UT
appointed under Article 243K(1) or Article 243L(1) also
as Member ex officio. The Delimitation Commission shall
delimit the constituencies -
(a) Of the UT of Jammu and Kashmir in accordance with
the provisions of Part V of the Reorganisation of
Jammu and Kashmir Act, 2019 and the provisions of
the Delimitation Act, 2002.
(b) Of the States of Assam, Arunachal Pradesh,
Manipur and Nagaland in accordance with the
provisions of the Delimitation Act, 2002.
►IMPORTANT ROLE PLAYED BY
ELECTION COMMISSION
• Supervisory Powers to Conduct Elections - The
superintendence, direction and control of the
preparation of the electoral rolls for, and the conduct
of, all elections to Parliament and to the Legislature of
every State and of elections to the offices of President
and Vice-President held under this Constitution.
• Preparations of Electoral Rolls - The Election
Commission has undertaken the computerisation of
all electoral rolls throughout India, which has lead to
improvements in the accuracy and speed with which
the electoral roll can be updated.
• Issue of Notification for elections to Parliament &
State Assemblies
• Appointment of Returning Officers - RO appointed
by the Election Commission, are put in charge to
receive nominations of candidates in each
constituency, and oversee the formalities of the
election.
• Reserved Seats for SC & ST - In order to ensure
representation of SC/ST community in Lok Sabha and
32

Vidhan Sabha, reservation of seats is done
(approximately) in proportion to the number of
people from scheduled castes or scheduled tribes in
each state.
• Apply Model Code of Conduct - During the election
campaign the political parties and contesting
candidates are expected to abide by a Model Code of
Conduct (MCC) evolved by the Election Commission
on the basis of a consensus among political
parties. MCC lays down broad guidelines as to how
the political parties and candidates should conduct
themselves during the election campaign.
• Limit on Election Expense – Conduct of Elections
(Amendment) Rules, 2014 amended Rule 90 of
Conduct of Election Rules, 1961 to increase the limit
of expense for elections to Lok Sabha and State
Assembly. For Lok Sabha, the minimum expense
allowed is Rs. 70 lakhs with an exception of
constituencies of Sikkim, Arunachal and some Union
Territories where minimum expense allowed is Rs. 54
lakhs. Whereas minimum expense by candidates for
state assembly election is Rs. 28 lakhs. Recently, the
Law Ministry (October, 2020) has increased the
expenditure limit for Assembly and Lok Sabha
elections by 10% based on suggestions of Election
Commission.
• Use of Electronic Voting Machines (EVM) & VVPAT -
From 2013, a new system has been added in
the EVM called Voter Verifiable Paper Audit Trail. A
printer is attached with the EVM and kept into Voting
Compartment which prints Serial Number, Name and
Symbol of the candidate for whom a voter has voted.
This printed slip remains exposed for 7 seconds
under a transparent window and gets cut
automatically and falls into a dropbox which remain
sealed.
►IMPORTANCE OF STATE
ELECTION COMMISSION
STATE ELECTION COMMISSION (SEC)
SEC has been constituted under Article 243K and
Article 243ZA of the Constitution of India and has been
entrusted with the function of conducting free, fair and
impartial elections to the local bodies in the state. Article
243K & 243ZA provide that the superintendence,
direction and control of the preparation of electoral rolls
for, and the Conduct of all elections to the Panchayats
and Municipalities shall vest in the State Election
Commission consisting of the State Election
Commissioner. The State Election Commissioner has the
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status, salary and allowance of a Judge of a High Court
and cannot be removed from office except in like
manner and on the like grounds as a Judge of a High
Court. State Election Commissioner also participates in
the delimitation exercise conducted for their respective
area.
ARTICLE 243K - ELECTIONS TO THE PANCHAYATS
(1)The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all
elections to the Panchayats shall be vested in a State
Election Commission consisting of a State Election
Commissioner to be appointed by the Governor.
(2)Subject to the provisions of any law made by the
Legislature of a State, the conditions of service and tenure
of office of the State Election Commissioner shall be such as
the Governor may by rule determine: Provided that the
State Election Commissioner shall not be removed from his
office except in like manner and on the like grounds as a
Judge of a High Court and the conditions of service of the
State Election Commissioner shall not be varied to his
disadvantage after his appointment.
Article 243ZA - Elections to the Municipalities
(1) The superintendence, direction and control of the
preparation of electoral rolls for, and the conduct of, all
elections to the Municipalities shall be vested in the State
Election Commission referred to in Article 243K.
(2) Subject to the provisions of this Constitution, the
Legislature of a State may, by law, make provision with
respect to all matters relating to, or in connection with,
elections to the Municipalities.
ARTICLE 243 KENSURES INDEPENDENCE OF STATE
ELECTION COMMISSIONER
1. Removal Procedure: Though the SEC is appointed by
the governor of the respective state, he/she can be
removed by the President only in the manner a Judge of
a High court is removed which is constitutionally
prescribed under Article 217(1)(b).
2. Conditions of service cannot be varied: Though the
conditions of service are determined by the governor
with aid and advice of political executive, it cannot be
varied or changed arbitrarily by the state to the
disadvantage of state election commissioner after his
appointment.
Removal of Judge of High Court & Supreme Court
Article 217(1)(b) - A Judge may be removed from his
office by the President in the manner provided in clause
(4) of article 124 for the removal of a Judge of the
Supreme Court.
33

Article 124(4) - A Judge of the Supreme Court shall not
be removed from his office except by an order of the
President passed after an address by each House of
Parliament supported by a majority of the total
membership of that House and by a majority of not less
than two-thirds of the members of that House present
and voting has been presented to the President in the
same session for such removal on the ground of proved
misbehaviour or incapacity.
Recent Andhra HC Judgment on Reinstating State
Election Commissioner (Dr. N. Ramesh Kumar) who
was arbitrarily Removed by the State Government
by passing an Ordinance
(A) On Change of Tenure and Conditions of Service for
state election commissioners
• Government of Andhra Pradesh passed an ordinance
- The Andhra Pradesh Panchayat Raj (Salaries and
Allowances, Conditions of Service, Tenure of State
Election Commissioner) Rules, 2020 – which resulted in
removal of Dr. N. Ramesh Kumar prior to completion
of his tenure of 5 years. This amounted to arbitrarily
removal of the State Election Commissioner.
• The appointment of state election commissioner may
be made by the Governor, in exercise of discretionary
power under Article 243K (1) of the Constitution. The
only power, which is given to the State legislation, is
with respect to the conditions and the tenure of
service but such legislation cannot override Article
14 of the Constitution.
• The Andhra Pradesh Panchayat Raj (Salaries and
Allowances, Conditions of Service, Tenure of State
Election Commissioner) Rules, 2020 which arbitrarily
removed Dr. N. Ramesh Kumar was set-aside as the
ordinance did not qualify the test of rationality and
reasonableness specified in Article 14 of the Indian
Constitution.
• Court held that tenure of five years of Dr. N. Ramesh
Kumar cannot be taken away without completion of
the tenure for which he was appointed. Thus, the
provisions of Ordinance cannot take away
Commissioner’s subsisting right as Dr. N. Ramesh
Kumar can only be removed as per the provisions of
Article 243K (2). Accordingly, Dr. N. Ramesh Kumar
was reinstated at his position as State Election
Commissioner.
• In case the State Election Commissioner is to be
removed prior to the completion of tenure, then a
removal process must be initiated in the Parliament
as per Article 217(1)(b). Without following the
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constitutional process, passing an order by the State
Government directing cessation of the office of SEC is
contrary to law and such order of the State is void ab
initio.
Whether any circumstances existed for
Governor to promulgate an Ordinance?
• Power conferred under Article 213 of the
Constitution to promulgate ordinances is not an
absolute entrustment but is conditional on the satis-
faction that the circumstances existed for such an
action.
• Krishna Kumar Singh v. the State of Bihar Case - SC
held that the authority to issue ordinance is not an
absolute entrustment, but is “conditional upon
satisfaction that circumstances exist rendering it
necessary to take immediate action”.
• In this case, Court said that, "it is actuated by fraud on
power and does not qualify the test of rationality and
reasonableness specified in Constitution of India.”
• The Ordinance was in violation of Article 243K, which
states that a SEC could not be removed, except in the
same manner as provided for a High Court judge
under Article 217(1)(b).
• The Court also held that holding free and fair
elections is part of the “basic structure” of the
Constitution and that it has to be protected forever.
(B) HC on Difference in Appointment of Chief Election
Commissioner & State Election Commissioner under
Article 324(2) and Article 243K(1)
Article 324 - Superintendence, direction and control
of elections to be vested in an Election Commission
(1) The superintendence, direction and control of the
preparation of the electoral rolls for, and the conduct of,
all elections to Parliament and to the Legislature of every
State and of elections to the offices of President and Vice-
President held under this Constitution shall be vested in a
Commission (referred to in this Constitution as the Election
Commission).
(2) The Election Commission shall consist of the Chief
Election Commissioner and such number of other Election
Commissioners, if any, as the President may from time to
time fix and the appointment of the Chief Election
Commissioner and other Election Commissioners shall,
subject to the provisions of any law made in that behalf by
Parliament, be made by the President.
(5) Subject to the provisions of any law made by
Parliament, the conditions of service and tenure of office
of the Election Commissioners and the Regional
Commissioners shall be such as the President may by rule
34

determine:
Provided that the Chief Election Commissioner shall not be
removed from his office except in like manner and on the
like grounds as a Judge of the Supreme Court and the
conditions of service of the Chief Election Commissioner
shall not be varied to his disadvantage after his
appointment: Provided further that any other Election
Commissioner or a Regional Commissioner shall not be
removed from office except on the recommendation of the
Chief Election Commissioner.
• The High Court held that the power of appointment of
Chief Election Commissioner given to the President
under Article 324(2), is subject to any law made by
the Parliament in that behalf, but the power so given
to the Governor to make appointment of SEC, under
Article 243K (1) is at his discretion and is not subject
to any law made in that behalf by the State
Legislature. Further, Clause (2) of Article 243K and
Clause (5) of Article 324 provide for the conditions of
service and tenure of the office of the SEC and CEC
respectively. Therefore, it safely understood that the
power of appointment, as conferred under Article
324(2) to the President of India and Article 243K(1) to
the Governor of the State, are to be exercised in
different manner.
• Thus, the intention of the framers of the Constitution
was clear that the appointment of the CEC and
Election Commissioners must be made by the
President subject to the law made by the Parliament
and not on the basis of the recommendation of the
Prime Minister so as to remain uninfluenced by the
ideology or decision of the Government in power.
However, as per Article 243(K), the intention of the
Constitution is very clear that the appointment of SEC
shall be made as per discretion on the Governor. The
Court further observed - Here, it is necessary to
understand that under the Constitution, discretion has
not been conferred to the President of India, but
conferred so to the Governor. it is apparent that the
framers of the Constitution gave discretionary power to
the Governor as specified in Article 163 of the
Constitution but not given to the President of India.
• Thus, the High Court conclusively held that in the
matter of discretionary power to appoint the State
Election Commissioner in exercise of the power under
Articles 243K(1) and 243ZA of the Constitution, the
Governor is not required to take the aid and advise of
the Council of Ministers in view of the Business Rules.
The manner of appointment of State Election
Commissioner is based on discretion uninfluenced by
the proposal of the Council of Ministers and Chief
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Minister. So, the appointment of SEC cannot be made
by the Governor as per the proposal made by the
Chief Minister.
• The functions of the Election Commission should not
be affected by the influence of the Executive fiat and
it must be independent so as to maintain the basic
structure, independence of Commission to safeguard
democracy in the Country by holding free and fair
elections. Therefore, the power of appointment of
SEC has been given on the discretion of the
Governorbut not on the Executive fiat of the
Government. The conditions of service and tenure of
office so prescribed has been checked by way of
proviso specifying the manner of removal, as
provided under Articles 243K(2) and 324(5) of the
Constitution.
►ROLE OF IMPORTANT OFFICERS
DURING ELECTIONS
Conduct of election is done successfully by the Election
Commission with the help of officers whose role and
responsibilities are prescribed under electoral laws of
India. Let us go through important role and functions
performed by Chief Electoral Officer, District Election
Officer and Returning Officers in India during the
conduct of elections.
1. CHIEF ELECTION COMMISSIONER AND ELECTION
COMMISSIONERS
They are appointed by the President under Article 324 to
oversee the conduct of free, fair and transparent
elections in India. They collectively supervise nomination
of candidates, register political parties (section 29A –
RPA, 1951), announce elections to be conducted,
monitors election campaigns, monitors organisation of
polling booth including transfer of EVMs and VVPATs,
oversee violation of Model Code of Conduct, checks
counting of votes and declare election results.
2. CHIEF ELECTORAL OFFICER (CEO) – SECTION 13A –
REPRESENTATION OF PEOPLE ACT, 1950& SECTION 20
OF REPRESENTATION OF PEOPLE ACT, 1951
• Chief Electoral Officer shall function under the
superintendence, direction and control of the Election
Commission.CEO shall supervise the preparation,
revision and correction of all electoral rolls in the
State under the Representation of People Act, 1950.
Whereas the CEO of each State shall supervise the
conduct of all elections in the State under this
Representation of People Act, 1951.
35

• It is the duty of the Chief Electoral Officer to ensure
free and fair elections in the state, such that more
percentage of votes are cast. It is the responsibility of
the CEO to enhance communication between the
voters of a state and the different departments of
elections within the state. Most importantly, it is the
task of the CEO to ensure that no political party has
any control with the elections in the state.
• Each state needs a Chief Electoral Officer so as to
maintain maximum transparency in elections. The
CEO supervises the procedure and machinery for
election in a state.
• The CEO reviews the law and order situation in the
state and makes a detailed assessment to ensure that
timely measures are taken.
• One of the most critical aspects of his role is to
maintain inter-state coordination and sealing of
borders as needed. It’s incumbent upon the CEO to
identify critical polling stations as per the instructions
of the Election Commission.
• The CEO consults police officials and field officers for
vulnerability mapping prior to the elections. He makes
an assessment about the availability and requirement
of state police force and security forces and sends the
requirement to the Election Commission.
• CEO has to ensure whether the security deployment
plan is in compliance with the ECI’s directives. He also
ensures that Helpline and the Complaint Cell are
functioning at different levels in the state.
• The CEO is needed in every state to create maximum
awareness of the rights and duties of the voters in the
respective state, by building maximum outreach
capacity to the voters. The Chief Electoral Officer also
superintends District Electoral Officers.
3. RESPONSIBILITIES OF RETURNING OFFICER (RO)
• Overseeing the election in his/her constituency.
• Accepting and scrutinizing nomination forms
• Rejecting nomination form of candidate after raising
important concern or lacunae in filling up of such
forms.
• Publishing the affidavits of the candidate
• Allotting approved election symbols to contesting
candidates sponsored by National or State Party.
• As per Paragraph 12 of The Election Symbols
(Reservation and Allotment) Order, 1968, Returning
Officer shall allot a free symbol chosen by an
"Independent Candidate" for election purpose. As per
the above Order, the Returning Officer shall also allot
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free symbol to the candidate set up by the
unrecognized political party.
• Monitoring election expenses and accounts of the
candidates
• Preparing list of contesting candidates
• Preparing EVMs and VVPATS, training poll personnel,
designating counting centres
• Counting of the votes
• Declaration and Publication of results in Election
4. LOTTERY IN ELECTIONS – IN CASE OF EQUALITY OF
VOTE
Lottery in Elections takes place when two candidates in a
constituency get the same number of votes. Section 102
of the Representation of the People Act, 1951 mentions
about the procedure to be followed when during the
trial of an election petition, it appears that there is an
equality of votes between any candidates at the election
petition. Section 102 of RPA, 1951 provides for two
scenarios in such a case:
• In such a case of equality of votes, the Returning
Officer shall decide the manner which will ascertain
who will get majority of votes. In past incidents, it has
been decided through toss of a coin. During the
panchayat election in Assam, candidates in six places
were declared winners after tossing a coin. In all
these six seats the results were a tie.
• Section 102 says that if the issue is not decided by the
decision taken by Returning Officer, then the High
Court shall decide the issue by lot. The candidate who
wins the lottery wins the election.
5. OBSERVERS – SECTION 20B – REPRESENTATION OF
PEOPLE ACT, 1951
• Deputing Observers has evolved in the last 3
decades - Concept of deputing senior officers as the
Election Commission’s Observers took a firm root only
from the beginning of the year 1990s. Deputing
Election Observers from one State to another State
has become an integral part of the election
management in India.
• Observers are appointed under Section 20B of the
RPA, 1951 and the plenary powers available to the
Commission under the Constitution of India. They are
the appointees of the Commission and works under
the superintendence, control and discipline of ECI.
• Section 20B was added in RPA, 1951 by an
amendment in 1996 to provides statutory powers to
the Observers to watch the conduct of elections and
especially in respect of counting of votes.
36

OVERVIEW OF ROLE OF OBSERVERS IN INDIAN
ELECTIONS
• Assist ECI in the conduct of free and fair polls by
being in the field to oversee the efficient and effective
management of the electoral process.
• Observers provide direct inputs to ECI from the
field and act as a bridge to report about election
machinery.
• They ensure following of electoral laws without
any discrimination or bias.
• Their inputs/observations are confidential and
solely for the use of ECI and not for any other
agency including media.
• Discuss Observations on election management
with CEO/RO and also facilitate midcourse
corrections whenever needed.
• Observers do not share their Report (submitted to
ECI on conduct of elections) with CEO/RO/DEO or
with any other election functionary of the state.
• Thus, the overall objective to depute Observer is
not to find fault but to facilitate field
administration in ensuring a free and fair poll.
Observers also have Power to Stop Counting of Votes
- The Observer nominated by the Commission shall have
the power to direct the returning officer
• to stop the counting of votes at any time before the
declaration of the result or
• not to declare the result if in the opinion of the
Observer booth capturing has taken place at a large
number of polling stations
• to stop counting if the votes have been tampered
with.
Observers are also expected to observe and report
on all the steps involved in election management
which includes report to be filed on
• Nominations, Scrutiny ,Withdrawal and Symbol
allotment
• Issues related to Electoral Rolls
• Implementation of MCC during Campaign Period
• Pre-poll Election Management
• Report on Poll Day Management
• Post Poll Management
• Report on conduct of Counting
►MODEL CODE OF CONDUCT - MCC
Free and fair elections form the bed rock of democracy.
This envisages a level playing field for the contestants
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ELECTION RELATED ISSUES
and an equal opportunity for all parties for presenting
their policies and programmes to voters. In this context
the Model Code of Conduct (MCC) gains relevance as it
intends to provide a level playing field for all political
parties, keep the campaign fair and healthy, avoid
clashes and conflicts between parties, and ensure
peace and order. It aims to ensure that the ruling party,
either at the Centre or in the States, does not misuse its
official position to gain an unfair advantage in an
election. This instrument is a major contribution of
Indian electoral system to the cause of democracy.
ABOUT MCC
The Model Code of Conduct (MCC) for guidance of
political parties and candidates is a set of norms which
has been evolved with the consensus of political parties
who have consented to abide by the principles
embodied in the said code and also binds them to
respect and observe it in its letter and spirit. The salient
features of the Model Code of Conduct lay down how
political parties, contesting candidates and party(s) in
power should conduct themselves during the process of
elections i.e. on their general conduct during
electioneering, holding meetings and processions, poll
day activities and functioning of the party in power etc.
EVOLUTION OF MCC
• MCC originated and evolved with the consensus of
the political parties. The origin of the MCC dates back
to 1960 when the MCC started as a small set of Dos
and Don’ts for the Assembly election in Kerala in 1960.
• The Code covered conducting of election
meetings/processions, speeches, slogans, posters and
placards. In 1962 Lok Sabha General Elections, the
Commission circulated this code to all the recognized
political parties and the State Governments were
requested to secure the acceptance of the Code by
the Parties.
• Report received after the 1962 general election
showed that the Code was followed by and large. This
made the Election Commission follow the code from
1967 in the Lok Sabha and Assembly elections.
• In 1968, the Election Commission held meetings with
political parties at State level and circulated the Code
of Conduct to observe minimum standard of behavior
to ensure free and fair elections.
• In 1979, Election Commission, in consultation with the
political parties further amplified the code, adding a
new Section placing restrictions on the “Party in
power” so as to prevent cases of abuse of position of
power to get undue advantage over other parties and
candidates.
37

• In 1991, the code was consolidated and re-issued in
its present form. The present code contains
guidelines for general conduct of political parties and
candidates eg:
ο no attack on private life,
ο no appeal to communal feelings,
ο discipline and decorum in meetings, processions,
ο guidelines for party in power – official machinery
and facilities not to be used for electioneering,
ο prohibition against Ministers and other authorities
in announcing grants, new schemes etc.
IS MCC LEGALLY ENFORCEABLE?
• MCC does not have a statutory backing and hence
cannot be enforced legally.
• It is a mere set of guidelines which is agreed by all
parties as a model to be obeyed during the conduct
of elections.
• However, certain provisions of MCC may be
enforced through invoking corresponding
provisions in other laws such as the Indian Penal
Code, 1860, Code of Criminal Procedure, 1973, and
Representation of the People Act, 1951.
• ECI is against making MCC a law as it will delay
cases pertaining to elections resulting in delay in the
conduct of elections.
• If cases are filed with respect to ongoing elections,
then it will delay the entire process as litigants will
resort to appeals in HC or SC.
• Former Election Commissioner S.Y. Quraishi also
argued against legalising MCC and emphasised on
strengthening of the Election Commission through
further electoral reforms.
ROLE OF ELECTION COMMISSION IN OBSERVING MCC
• The Election Commission ensures observance of MCC
by political parties in power, including ruling parties at
the Centre and in the States and contesting
candidates in the discharge of its constitutional duties
for conducting the free, fair and peaceful elections to
the Parliament and the State Legislatures under
Article 324 of the Constitution of India. It also ensures
that official machinery for the electoral purposes is
not misused.
• Further, it is also ensured that electoral offences,
malpractices and corrupt practices such as
impersonation, bribing and inducement of voters,
threat and intimidation to the voters are prevented by
all means.
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APPLICABILITY OF MCC
• In the case of Union of India v Harbans Sigh Jalal and
Others, SC ruled that Code of Conduct would come
into force the moment the Election Commission
issues the press release, which precedes the
notification by a good two weeks.
• This ruling ended the controversy related to the dates
of enforcement of MCC. Thus, MCC remains in force
from the date of announcement of elections till
the completion of elections.
• Lok Sabha - During general elections to House of
People, the code is applicable throughout the country.
• Vidhan Sabha - During general elections to the
Legislative Assembly (Vidhan Sabha), the code is
applicable in the entire State.
During by-elections - the code is applicable in the entire
district or districts in which the constituency falls.
►ABOUT ELECTION MANIFESTO
An election manifesto refers to a statement issued by a
political party. It lays down the agenda of the political
party including the programmes and policies which the
political party intends to implement on wide ranging
issues affecting citizen’s daily life. The election manifesto
cannot contain anything which goes against the very
principles enshrined in the Indian Constitution and must
also be consistent with the Model Code of Conduct. The
Supreme Court in its judgment dated 5th July 2013 in the
case of S. Subramaniam Balaji Vs Govt. of Tamil Nadu and
Others has directed the Election Commission to frame
guidelines with regard to the contents of election
manifestos in consultation with all the recognized
political parties. On the directions of Supreme Court and
after consultation with the Political Parties, the
Commission, in the interest of free and fair elections has
issued the following guidelines:
• The election manifesto shall not contain anything
repugnant to the ideals and principles enshrined in
the Constitution and further that it shall be consistent
with the letter and spirit of other provisions of Model
Code of Conduct.
• The Directive Principles of State Policy enshrined in
the Constitution enjoin upon the State to frame
various welfare measures for the citizens and
therefore there can be no objection to the promise of
such welfare measures in election manifestos.
However, political parties should avoid making those
promises which are likely to vitiate the purity of the
election process or exert undue influence on the
voters in exercising their franchise.
38

• In the interest of transparency, level playing field and
credibility of promises, it is expected that manifestos
also reflect the rationale for the promises and broadly
indicate the ways and means to meet the financial
requirements for it. Trust of voters should be sought
only on those promises which are possible to be
fulfilled.
NEW GUIDELINES ON ELECTION MANIFESTO
• The Election Commission (EC) amended the Model
Code of Conduct (MCC) and has prohibited political
parties from releasing their manifestos in the last 48
hours leading up to voting in each phase of the
coming Lok Sabha elections.
• The above change has been made in Part 8 of the
MCC, which deals with poll manifestos. The EC’s
decision stems from the recommendation Umesh
Sinha Committee set up to revisit the MCC in the
wake of rapid use of social media.
• The Committee constituted under the chairmanship
of Sr. Deputy Election Commissioner Sh. Umesh
Sinha to review and suggest modifications and
changes in the provisions of the Section 126 and
other sections of the Representation of the People
Act 1951, provisions of Model Code of Conduct and
any other ECI instruction in this regard.
Section 126 of the Representation of the People (RP)
Act, 1951 which prohibits any form of poll campaign in
the last 48 hours leading up to voting), and other related
provisions in the wake of rapid media expansion.
►DECRIMINALIZATION OF
POLITICS
The Decriminalisation of politics means prevention of
people having a criminal background or those involved
in criminal offences to enter into political arena. Section
8 of Representation of People Act 1951 provides for
disqualifications to stand for election in case of
conviction of certain grounds. Thus, to prevent
criminalisation of politics, it was necessary to know
about such people involved in criminal cases so as to
prevent them from entering the political arena. The
Supreme Court in the latest judgment in Public Interest
Foundation and Others v Union of India and Another’s
has asked the Parliament to enact a strong law to
restrain citizens facing trials for serious criminal offences
from standing in elections in India.
SUPREME COURT RECENT DIRECTIVES - RAMBABU
SINGH THAKUR V SUNIL ARORA AND OTHERS
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Supreme Court in the case of Rambabu Singh Thakur v
Sunil Arora and Others has ordered political parties to
publish the entire criminal history of their candidates for
Assembly and Lok Sabha elections along with the
reasons that made them to field suspected criminals
over decent people. This is a step towards
decriminalisation of politics. Following concerns were
raised by Supreme Court -
• The Court raised an alarm regarding rise of people
facing serious criminal charges like rape, murder,
rioting etc. entering into the arena of law making.
• The Court highlighted the increase in number of
people entering politics having criminal antecedents
in subsequent general elections held in India post
2004.
Year Percentage of MPs in Parliament
having Criminal Cases Pending
2004 24 %
2009 30 %
2014 34 %
2019 43 %
DIRECTIONS ISSUED BY THE SUPREME COURT –
FEBRUARY, 2020
• Candidates must provide particulars as required by
ECI including educational background and financial
details.
• Criminal cases pending against the candidate must be
stated in BOLD Letters.
• The candidate must inform his/her respective political
party about the criminal cases pending against
him/her.
• The political party concerned must put up on its
website the aforesaid information pertaining to
candidates having criminal antecedents.
• Candidate and Political party must circulate/advertise
in local newspaper and electronic media about their
past or pending criminal cases. Information on
candidate’s criminal background must be published at
least thrice after filing of the nomination papers.
Informations Required to be provided in
th
Affidavit by Candidates for 17 Lok Sabha
• The Affidavit filed in Form 26 included
information on criminal antecedents of the
candidate, if any, assets including the movable,
immovable properties and investments even in
foreign countries, of the candidate, his/ her
spouse and dependents, liabilities of the
39

candidate, his/ her spouse and dependents and
his/ her educational qualifications.
• Candidates with criminal antecedents are
required to publish information in this regard in
newspapers and through Television channels
on three occasions during the campaign period.
• A political party that sets up candidates with
criminal antecedents is also required to publish
information about criminal background of its
candidates, both in its website and also in
newspapers and Television channel on three
occasions.
• Under Article 129 and 142 of the Constitution of
India, Supreme Court ordered the following:
(i) It shall be mandatory for political parties at the
Central and State election level to upload on their
website detailed information regarding individuals
with pending criminal cases (including the nature
of the offences, and relevant particulars such as
whether charges have been framed, the
concerned Court, the case number etc.) who have
been selected as candidates, along with the
reasons for such selection, as also as to why other
individuals without criminal antecedents could not
be selected as candidates.
(ii) The reasons as to selection shall be with reference
to the qualifications, achievements and merit of
the candidate concerned, and not mere
“winnability” at the polls.
(iii) This information shall also be published in one
local vernacular newspaper and one national
newspaper and also on the official social media
platforms of the political party, including
Facebook & Twitter.
(iv) These details shall be published within 48 hours of
the selection of the candidate or not less than two
weeks before the first date for filing of
nominations, whichever is earlier.
(v) The political party concerned shall then submit a
report of compliance with these directions with
the Election Commission within 72 hours of the
selection of the said candidate.
(vi) If a political party fails to submit such compliance
report with the Election Commission, the Election
Commission shall bring such non-compliance by
the political party concerned to the notice of the
Supreme Court as being incontempt of this
Court’s orders/directions.
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BACKDROP TO THE PRESENT JUDGMENT
• This judgment is based on contempt of 2018
Supreme Court judgment in Public Interest
Foundation v. Union of India which asked
candidates to publish the criminal details of their
candidates in their respective websites and print as
well as electronic media for public awareness.
• Based on the 2018 Judgment by Public Interest
Foundation v. Union of India, similar directions were
issued by Election Commission during the 2019 Lok
Sabha Election.
th th
• Even 244 and 255 Law Commission Reports on
Electoral Disqualifications and Electoral Reforms
respectively have suggested certain important
measures to reform and cleanse Indian Politics.
IMPORTANT LANDMARK JUDGMENTS TO PREVENT
CRIMINALISATION IN POLITICS
• 2002, Union of India v Association for Democratic
reforms and Another - directed the Election
Commission to call for information on affidavit under
Article 324 on criminal background including
previous conviction, acquittal or discharge along with
fine; declaration of assets of the candidate and
his/her spouse along with number of dependants;
liabilities including debts owed to any financial
institution or otherwise ; and educational qualification
of the candidate.
• 2005, Ramesh Dalal vs. Union of India - sitting MP or
MLA shall also be subject to disqualification from
contesting elections if they are convicted and
sentenced to not less than 2 years of imprisonment
by court of law. These judgments effectively
disallowed people having criminal background to
enter political field.
• Public Interest Foundation and Ors. Vs. Union of
India and Anotherrequested the Law Commission to
expedite recommendation on the following issue:
1. Whether disqualification should be triggered upon
conviction or upon framing of charges by the court
or upon the presentation of the report by the
Investigating Officer.
2. Whether filing of false affidavits under Section
125A of the Representation of the People Act, 1951
(RPA) should be a ground for disqualification.
244TH LAW COMMISSION RECOMMENDATIONS
th
• Electoral Disqualification: 244 Law Commission
Report did not favour electoral disqualification at the
stage of filing of the police report as it can be easily
misused against rival political parties.
40

• Filing False Affidavits: increase imprisonment upto
minimum of 2 years under Representation of People
Act (RPA), 1951 and make filing false affidavit a
corrupt practice under RPA, 1951. Corrupt Practice
under RPA, 1951 is punishable upto 3 years along
with fine.
• Disqualification on framing of charge for certain
offences – A candidate should be disqualified for 6
years, if charges framed by Court include such
offences whose punishment is five years or more.
DIRECTIONS GIVEN BY ELECTION COMMISSION
DURING 2019 LOK SABHA ELECTIONS
• While filing nomination, the candidate must provide-
ο Educational qualifications
ο Prior Criminal charges framed – such information
to be publishedin newspapers and Television
channels on three occasions during the campaign
period.
ο Information on assets in India and abroad
ο Liabilitiesof the candidate – spouse and
dependents
ο Last 5 years of Income Tax Returns including that
of spouse and dependents
ο Political Party to that sets up candidates with
criminal antecedents to publish such information
on their website and also in newspapers and
Television channel on three occasions.
ο PAN card of the Candidate
• These directions by Election Commission were based
on 2018 Supreme Court Judgment in Public Interest
Foundation v. Union of India.
IMPACT OF CRIMINALISATION OF POLITICS
• As per National Commission to Review the working of
Constitution, when law breakers becomes law makers
it impacts the overall quality of law making and halts
important reforms towards cleansing of politics from
criminalisation.
• Such people control law enforcement agencies and
they can influence and interfere with their own
criminal cases where they are implicated.
• It increases money and muscle power during
elections and this increases the bargaining capacity of
such candidates to the extent of buying votes.
• It increases caste based politics as such people can
mobilise voters from their specific community to vote
for them.
• Criminalisation of politics erodes trust of people in
democratic process in India.
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ELECTION RELATED ISSUES
►ELECTORAL REFORMS – 255TH
LAW COMMISSION REPORT
• The Supreme Court of India, in the matter of “Public
Interest Foundation & Others V. Union of India &
Another’s directed the Law Commission of India to
make suggestions on two specific issues
(i) curbing criminalization of politics and needed law
reforms and
(ii) impact and consequences of candidates filing false
affidavits and needed law reforms to check such
practice.
• In light of the judgment, Law Commission submitted
its 244th Report titled “Electoral Disqualifications”
in February 2014 to the Government of India.
• After the submission of Report No.244, the
Commission circulated another questionnaire to all
registered national and State political parties to seek
their views.
• After detailed deliberations with stake-holders, Law
Commission came up with its recommendations in
Report No. 255, titled “Electoral Reforms”.
• Let us go through important suggestions provided on
th
various issues by the 255 Law Commission Report
such as Election Finance Reform, Regulation of Political
Parties and Inner Party Democracy, Anti-Defection Law in
India, Strengthening the Office of Election Commission in
India, Paid News and Political Advertising,
Recommendations on Electoral Offence, Corrupt Practice
and Disclosure for political advertisements, Opinion
Polls, Compulsory Voting, Election Petitions, NOTA and
Right to Reject, Right to Recall, Totaliser for Counting of
Votes, Restriction on Government Sponsored
Advertisements, Restriction on the Number of Seats from
which a Candidate May Contest, Independent Candidates
and Preparation and Use of Common Electoral Rolls.
►ELECTION FINANCE REFORM
The Law Commission has proposed wide ranging
reforms on the issue of candidate expenditure limits;
disclosure obligations of individual candidates and
political parties; and penalties imposable on political
parties; as well as examining the issue of state funding
of elections.
THE PROBLEM
• Financial superiority translates into electoral
advantage for richer candidates.
41

• This places other candidates on a lower footing
thereby denying them fair opportunity to fight
elections on equal grounds.
• This also increases illegal and corrupt practices by
candidates and political parties. Use of money
encourages widespread prevalence of unaccounted
money, bribery and quid pro quo corruption which
involves business groups who then expects a high
return on their investment through suitable policies
and preferable treatment as kickbacks.
SUGGESTIONS BY LAW COMMISSION
• Change in Section 77 of Representation of People
Act, 1951(RPA) – It regulates the election
expenses incurred or authorized by candidates or
their election agents. It currently extends from the
date of nomination to the date of declaration of
results. This period should be extended by
amending section 77(1) to apply from the date of
notification of the elections to the date of declaration
of results.
• Amendment of Section 182(1) of Companies Act,
2013 – Section 182(1) authorises the Board of
Directors to pass the resolution authorizing the
contribution from the company’s funds to a political
party. The Commission has suggested for passing of
resolution of political funding through company’s
Annual General Meeting (AGM).
• The existing disclosure obligations of individual
candidates are limited to maintaining an account
of electoral expenses under sections 77 and 78, RPA
1951. The Law Commission has proposed a new
Section 77A which require candidates or their
election agents to maintain an account and disclose
the particulars (names, addresses and PAN card
numbers of donors and amounts contributed) of -
(i) any individual contribution received by them from
any person or company, not being a Government
company.
(ii) any contribution by the political party to the
candidate from the date of notification of
elections, which have to be made by the party by a
crossed account payee cheque or draft or bank
transfer.
• Political parties should be required to maintain and
submit Annual Accounts to the Election Commission
of India every financial year. Such accounts must be
duly audited by a qualified and practicing Chartered
Accountant from a panel of accountants maintained
by the Comptroller and Auditor General.
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• Replacing Section 29C of RPA, 1951 (Every political
party to declare donations in excess of Rs. 20,000
received from any person or companies with Section
29D which requires all political parties to –
(i) Mandatorily disclose all contributions in excess of
Rs. 20,000.
(ii) Include aggregate contributions from a single
donor amounting to Rs. 20,000 within its scope
(iii) Disclose the names, addresses and PAN card
numbers (if applicable) of the donors along with
the amount of each donation above Rs. 20,000.
Note: The government following the suggestion of Law
Commission has introduced the concept of Electoral
Bonds.
• Adding Section 29E in RPA which shall require the ECI
to make available publicly all the contribution reports
submitted by all political parties under section 29D on
its website or on file on payment of prescribed fee.
• The disqualification of a candidate for a failure to
lodge an account of election expenses and
contributions reports under section 77 and proposed
section 77A should be extended from the current
three period up to a five year period, so that a
defaulting candidate may be ineligible to contest at
least the next elections.
• A new section 29H should be inserted penalising
parties that contravene the stipulations of section
29B, RPA and section 182 of the Companies Act,
2013 in terms of accepting contributions from
impermissible donors, by levying a penalty of five
times the amount so accepted.
• A new section 29I shall be added to RPA which
provides for “Regulation of Electoral Trusts”. It shall
provide detailing provisions pertaining to their
entitlement to accept contributions, disclosure
obligations and penal provisions.
TH
WHAT HAPPENED IN 17 LOK SABHA
• All political parties were required to maintain day-to-
day accounts of all election campaign expenses
• Submitting Final accounts to the CEO within 90 days
of completion of Lok Sabha.
• Such accounts were uploaded on ECI website for
public viewing.
• Government amended Conduct of Elections Rules,
1961 which made it mandatory for candidates to
submit their:
ο foreign assets & liabilities
42

ο Income Tax Return for last 5 years – of self, spouse
and members of the Hindu Undivided Family if the
candidate is a ‘Karta’ or coparcener
ο Provide PAN details of the candidate
• So, effectively a candidate fighting an election is
required to furnish information on their assets,
liabilities, educational qualification and criminal
antecedents, if any in Form 26. This declaration in
Form 26 is now mandatory for all forthcoming
elections.
BENEFITS OF THE STEPS TAKEN BY ELECTION
COMMISSION
• Enhance Public Awareness & Transparency.
• Disclosing financial details of the candidate’s family
including off-shore accounts.
• Information on wealth accumulation in last 5 years.
• Step towards electoral reform on finance.
►REGULATION OF POLITICAL
PARTIES AND INNER PARTY
DEMOCRACY
• Democratic theory can be said to include accounts
of both procedural and substantive democracy.
• Procedural democracy can be said to refer to the
practice of universal adult franchise, periodic
elections, secret ballot, while substantive democracy
can be said to refer to the internal democratic
functioning of the parties, which purportedly
represent the people.
• NCRWC in its Report on Electoral Processes and
Political Parties appropriately recognised that “no
electoral reforms can be effective without reforms in
the political party system” and it recognised the
following areas of immediate concern:
1. Structural and organisational reforms – party
organisations - National, State and local levels -
inner party democracy - regular party elections,
recruitment of party cadres, socialization,
development and training, research, thinking and
policy planning activities of the party.
2. Party system and governance – Mechanisms to
make parties viable instruments of good
governance
3. Institutionalization of political parties – need
for a comprehensive legislation to regulate party
activities, criteria for registration as a national or
State party - de-recognition of parties.
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• The 1999 LC Report strongly recommended the
introduction of a regulatory framework governing the
internal structures and inner democracy of parties,
financial transparency, and accountability before
attempting state funding of elections.
• The 170th LC Report recommended the insertion of
Sections 11A-I in the RPA, 1951 dealing with the
“Organisation of Political Parties and matters incidental
thereto” on the premise that a political party “cannot be
a dictatorship internally, and democratic in its
functioning outside.”
• NCRWC recommended that rules and by-laws of the
parties seeking registration should include provisions for
declaration of adherence to democratic values and
norms of the Constitution in their inner party
organisations.
• The Second Administrative Reform Commission’s
2008 Ethics and Governance report also alluded to
the importance of inner party democracy when it
noted that corruption is caused by over-centralisation
since “the more remotely power is exercised from the
people, the greater is the distance between authority and
accountability.
LAWS REGULATING INNER PARTY DEMOCRACY IN
INDIA
• Currently, there is no express provision for internal
democratic regulation of political parties in India and
the only governing law is provided by Section 29A of
the RPA, 1951, which provides for registration of
political parties with the Election Commission of
India.
• Section 29A(5) provides for every application to the
ECI to be accompanied by a copy of the party
memorandum or regulations, with a specific provision
“that the association or body shall bear true faith and
allegiance to the Constitution of India as by law
established, and to the principles of socialism, secularism
and democracy, and would uphold the sovereignty, unity
and integrity of India.”
• However, RPA, 1951 is silent on the role of Election
Commission in regulating the internal functioning of
political parties to conduct their internal elections and
provide criterias to select candidate.
• Consequently, there is no mechanism to review a
party’s practice against the principles enshrined in the
Constitution or against the requirements of the ECI’s
Guidelines and Application Format for the
Registration of Political Parties under Section 29A.
IMPORTANT RECOMMENDATIONS OF 255TH LAW
COMMISSION
43

Introducing internal democracy and transparency within
political parties is important to promote financial and
electoral accountability, reduce corruption, and improve
democratic functioning of the country as a whole.
Considering these ideals, Law Commission has made the
following suggestions:
• Section 29A (5) of RPA, 1951 provides for
Registration with the Election Commission of
associations and bodies as political parties - It
mentions that any association or body of individual
citizens of India calling itself a political party shall
make an application to the Election Commission for
its registration as a political party accompanied by a
copy of the memorandum or rules and regulations of
the association or body. The rules shall contain a
specific provision that the association or body shall
bear true faith and allegiance to the Constitution of
India and to the principles of socialism, secularism
and democracy and would uphold the sovereignty,
unity and integrity of India.
th
• 255 Law Commission Report has recommended
amending the above provision by adding that such
rules of a political party must also contain a specific
provision stating that the party would shun
violence for political gains and would avoid
discrimination or distinction based on race, caste,
creed, language or place of residence. Further, a New
Chapter IVC should be inserted dealing with the
“Regulation of Political Parties” and incorporating
the Commission’s previous recommendations in its
th
170 Report with certain modifications.
th
• 170 Report of Law Commission highlights that
political parties can be freely established and that
their internal organisation shall conform to
democratic principles. It further says that the political
parties should publicly account for the sources and
use of their funds and for their assets. There is also
need for more institutionalization in resolution of
disputes in the conduct of internal elections, in
organising party intelligence and research, in policy-
decision making, in maintaining party's own federal
relations, in-party-government communications and
above all in regard to the whole process of
selection of candidates for different types of
elections including general elections.
th
• 170 Report also highlighted the importance of
secularism and maintained that democracy and
accountability must constitute the core system of a
political party as they are integral to parliamentary
democracy. It is the political parties that form the
government, man the Parliament and run the
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ELECTION RELATED ISSUES
governance of the country. It is therefore, necessary
to introduce internal democracy, financial
transparency and accountability in the working of the
political parties. Each political party must frame its
constitution defining its aims and objectives which
shall not be inconsistent with constitutional norms.
►DE-REGISTERING OF POLITICAL
PARTY
Election Commission in 2016 had launched an initiative
to review the cases of such registered unrecognized
political parties. On review it found that many political
parties had never contested elections for panchayat,
municipality, state assembly or Lok Sabha since 2005.
The Election Commission accordingly deleted the names
of 255 political parties from its list and also asked
Central Board of Direct Taxes (CBDT) to initiate
appropriate measures against such political parties.
THE PETITION
A petition was filed in the Supreme Court which urged to
ban such political parties whose office bearer is a
convicted person. The petition also urged the Supreme
Court to empower Election Commission of India to
deregister or cancel registration of political parties under
section 29A of the Representation of People Act, 1951 if
office holders of the party are found to be convicted
criminals. The petitioner also urged the Court to ban
such office bearers of political parties from contesting
elections as this move will help in decriminalisation of
politics and regulate inner party democracy.
PLEA OF ELECTION COMMISSION
Election Commission in an affidavit filed in the Supreme
Court also asked the Supreme Court to empower it to
de-register political parties if they violate constitutional
and other legal provisions pertaining to conduct of
transparent, free and fair elections. Election Commission
pleaded to empower it to issue necessary orders
regulating registration and de-registration of political
partiesparticularly in view of its constitutional mandate.
VIEW OF GOVERNMENT
The central government has opposed this plea to allow
election commission with power to de-register criminal
party. The government argued that granting such
powers to election commission will tantamount to
making law which is not within the jurisdictional realm of
judiciary.
POWER TO REGISTER DOES NOT INCLUDE POWER TO
DE-REGISTER
44

• For the purpose of registration of any association or
body of individual citizens of India as a political party,
the association or body is required to make an
application to the Election Commission of India giving
therein full particulars required under sub-section (4)
of Section 29A of the Representation of the People Act
(RPA), 1951 and additional particulars required under
the Registration of Political Parties (Furnishing of
Additional Particulars) Order, 1992, separately.
• However, the RPA, 1951 has not empowered
Election Commission to de-register political
parties.The Supreme Court in the case of Indian
National Congress (I) v Institute of Social Welfare made it
clear that neither Section 29A of the RPA, 1951 nor
the provisions of the Election Symbols (Reservation
and Allotment) Order, 1968 hasempowered the ECI
to de-register parties on the grounds of violating the
Constitution or breaching the undertaking given to it
at the time of registration.
• Thus, there is no mechanism to review a party’s
practice against the principles enshrined in the
Constitution or against the requirements of the ECI’s
Guidelines and Application Format for the
Registration of Political Parties under Section 29A.
• A party can only be de-registered if its registration
was obtained by fraud, if it is declared illegal by the
Central Government or if a party amends its internal
Constitution and notified the Election Commission
that it can no longer abide by the Indian Constitution.
• There is also no power of de-registration if parties
registered under section 29A of the RPA continue to
avail of tax benefits under section 13A of the Income
Tax Act, 1961 without contesting elections. Thus,
RPA, 1951 needs to be amended to empower the
ECI to de-register a political party. This view is
th
expressed by Law Commission in its255 Report
on Electoral Reforms.
►PAID NEWS AND POLITICAL
ADVERTISEMENTS
• Paid news has been defined by the Sub-committee of
the Press Council of India as “any news or analysis
appearing in any media (Print & Electronic) for a price in
cash or kind as consideration.”
• Paid news, both generally and during election
campaigns, is a widespread and pervasive
phenomenon today. The phenomena of paid news
and its cognate, political advertising being presented
as news, cannot be seen in isolation.
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• They are integral to the ways in which the news
industry, both print and electronic, has developed
over last few decades.
• Revenue driven news or editorial content was
traditionally seen as damaging credibility of media
houses. Therefore, though revenue generation
through advertisements remained important, it
certainly was not the priority of media houses.
• Political advertising is constituted by activities,
which relate to promoting an electoral candidate or a
political party or a policy proposed by a particular
party, in order to appeal to the public. At its core,
political advertising does not exclusively relate to
elections, political parties or candidates.
• Advertising on other issues, which reflect important
societal debates, such as human rights,
environmental issues, welfare schemes etc., and is
generally in the nature of political propaganda or
pursues political ends, may be construed as political
advertising.
REGULATING PAID NEWS – SECTION 10A – RPA, 1951
• It is essential to fight the menace of paid news in
various forms so that it does not impact the conduct
of free, fair and transparent election and also to
ensure that fundamental freedom of speech of
citizens are protected.
• Thus, there is a need for a delicate balance to ensure
equity and transparency in election process. Paid
news is governed through section 10A of RPA, 1951
which provides for disqualification for failure to
lodge account of election expenses.
Section 10A - If the Election Commission is satisfied that
a person— (a) has failed to lodge an account of election
expenses within the time and in the manner required by
or under this Act; and (b) has no good reason or
justification for the failure, the Election Commission
shall, by order published in the Official Gazette, declare
him to be disqualified and any such person shall be
disqualified for a period of three years from the date
of the order.
th
• There are recommendations of 255 Law
Commission report as well as report of
Parliamentary Standing Committee on Paid News.
• Press Council of India (PCI) defines paid news as any
news or analysis appearing in print or electronic
media for consideration in cash or kind.
• The Committee acknowledged challenges in defining
and determining what constitutes or qualifies as ‘paid
news’. It cited advertisements camouflaged as news,
denial of coverage to select electoral candidates,
45

exchanging of advertisement space for equity stakes
between media houses and corporate and the rise in
paid content as manifestations of paid news.
ABOUT PRESS COUNCIL OF INDIA
Press Council of India is a statutory body established
under The Press Council of India Act, 1978. The First
Press Commission of 1954 recommended constituting
Press Council of India. The objectives of the Council are:
to safeguard the freedom of the press; to ensure on the
part of the Press the maintenance of High standards of
public taste and to foster due sense of both the rights
and responsibilities of citizenship" and " to encourage
the growth of sense of responsibility and public service
among all those engaged in the profession of
journalism." The Commission, recommended the
establishment of the Council on a statutory basis on the
ground that the Council should have legal authority to
make inquiries as otherwise each member, as well as the
Council as a whole, would be subject to the threat of
legal action from those whom it sought to punish by
exposure. The Press Council of India was first
constituted on 4th July, 1966 as an autonomous,
statutory, quasi-judicial body, with Shri Justice J R
Mudholkar, then a Judge of the Supreme Court, as
Chairman. The Council set up under the Act of 1965
functioned till December 1975. During the Internal
Emergency, the Act was repealed and the Council
abolished. A fresh legislation providing for the
establishment of the Council was enacted in 1978
leading to the enactment of The Press Council of India
Act, 1978. Apart from ensuring independence of
newspapers, Press Council also have powers of
Censure. For the purpose of performing its functions or
holding any inquiry under this Act, the Council shall have
the same powers throughout India as are vested in a
civil court while trying a suit under the Code of Civil
Procedure, 1908 with respect to the following:
• summoning and enforcing the attendance of persons
and examining them on oath
• requiring the discovery and inspection of documents
• receiving evidence on affidavits
• requisitioning any public record or copies thereof
from any court or office
• issuing commissions for the examination of witnesses
or documents
The Committee identified corporatisation of media,
desegregation of ownership and editorial roles, decline
in autonomy of editors/journalists due to emergence of
contract system and poor wage levels of journalists as
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key reasons for the rise in the incidence of paid news. It
urged the MoIB to ensure periodic review of the
editor/journalist autonomy and wage conditions. The
Committee found the exiting regulatory set-up dealing
with paid news as inadequate. It described voluntary
self-regulatory industry bodies like the News
Broadcasting Standards Authority and Broadcasting
Content Complaints Council as an ‘eye wash’. It found
the punitive powers of statutory regulators like the PCI
and Electronic Media Monitoring Centre (EMMC) to be
inadequate. It also highlighted the conflict of interest
inherent with appointment of media-owners as
members of the PCI or self-regulatory bodies.
The Department-Related Parliamentary Standing
Committee on Information Technology in its 47th
report on the “Issues Related to Paid News” gave the
following recommendations.
• There should be statutory body having eminent
persons as its members to look into all media
contents both from print media and electronic media
(TV as well as Radio) with powers to take strong action
against the defaulters. Under this process PCI shall be
wound up. OR
• PCI should be revamped and cast with powers to take
care of print media and a similar statutory body is set
up for electronic media. In both the above situation,
the Committee recommended that the media
owners/interested parties should not be a part of the
proposed Media Council/body including revamped
PCI.
• Election laws/rules should be reviewed and
strengthened to curb the paid news menace in
election process. While reviewing the election
laws/rules, the ECI should be empowered with not
only dealing with the cases relating to suppression of
expenditure in the election on account of paid news
but for also taking action against the defaulting
candidate as also the concerned Media entity found
indulged in Paid News.
ISSUES WITH PAID NEWS & POLITICAL ADVERTISING
• Free elections are determined by the absence of
intimidation and coercion, a functioning secret ballot,
and an enforceable right of universal adult suffrage.
Democracies the world over have recognised that
“fairness” requires, in some sense, a level playing
field.
• This means that the influence of money in corrupting
the electoral process ought to be mitigated. In India,
this is achieved by statutory norms governing election
expenditures. In this context, it is important to note
46

that in recent times, political advertising has also
witnessed the involvement of several Public Relations
firms. The expenses incurred for hiring these firms
are likely to go much beyond the statutory
expenditure limits.
• Several media organisations have accepted money
from politicians to provide favourable coverage. The
phenomenon is widespread and takes various forms
of undesirable nexus of candidates and media. In
2014 Lok Sabha Elections itself, around 700 cases of
paid news were detected. The coverage is sold in the
name of a “package” which is offered in proportion to
the money the interested party is willing to pay.
• Candidates and Political Parties pay huge amounts of
money in a ‘package’ deal for cooked up favourable
information to create a false atmosphere for
influencing electorate.Currently the problems of paid
content identified above are tackled in a piecemeal
manner. Neither is there a blanket prohibition on
paid news, nor is there a provision exclusively dealing
with political advertisement or paid news.
PAID NEWS MAKES ELECTIONS UNEVEN
• This makes elections very uneven towards thosewho
can get extensive funding and can incur the costs of
political advertising and adversely impacts the
fairness of elections.Political advertising raises several
serious issues with respect to expenditure limits,
truth or falsity of the claims, and the possible
defamatory effects of advertisements.
• Some of the legal challenges posed by paid news and
political advertising were manifest in the case of
Ashok Chavan v. Madhavrao Kinhalkarwhere Ashok
Chavan did not include the expenditure on paid news
and advertisement in his election expenses. Due to
the absence of a legal regime regulating these
practices, the legitimacy of paid news itself was not
under contention. Instead, the contention was that he
did not include the expenses on paid news in his
lodged account of expenditure.
RECOMMENDATIONS ON PAID NEWS
• Electoral Offence - The Commission stated that the
issue of paid news and political advertisements
should be regulated by including it as
anelectoraloffenceand also must be categorised as
corrupt practice under RPA, 1951.
• New Definition - The definitions of “paying for
news”,“receiving payment for news” and “political
advertisement” should be inserted in Section 2 of the
RPA.
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• Disqualification by EC - If a candidatepays for news
or receive payment for news to enhance his/her
winning prospects, then such candidate must be
disqualified by the Election Commission.In order to
curb the practice of disguised political advertisement,
disclosure provisions should be made mandatory for
all forms of media.
• As per the Law Commission, the purpose of
disclosure is two fold
(i) To help the public identify the nature of the
content (paid content or editorial content)
(ii) To keep the track of transactions between the
candidates and the media. Thus, a new section
127C should be
(iii) Inserted in the RPA to deal with the non-
disclosure of interests in political advertising. The
ECI can regulate the specifics of the disclosure
required.
• Thus, a new section 127C should be inserted in the
RPA, 1951 to deal with the non-disclosure of interests
in political advertising. The ECI can regulate the
specifics of the disclosure required.
►AUTONOMY OF ELECTION
COMMISSION OF INDIA
The Election Commission of India in fresh push for its
autonomy has sought complete independence from
government control including financial autonomy in its
meeting with the Law Secretary. The Chief Election
Commissioner has also demanded constitutional
protection for the other two Election Commissioners
who as of now do not enjoy the same constitutional
status in terms of tenure and removal as enjoyed by the
Chief Election Commissioner. The ECI in its 2004 Report
expressly opined that the current wording of Article
324(5) was “inadequate” and required an amendment to
bring the removal procedures of Election
Commissioners on par with the CEC, and thus to provide
them with the “same protection and safeguards” as the
CEC. The proposed amendment by the Background
Paper on Electoral Reforms prepared by the Legislative
Department of the Law Ministry in 2010 was also along
the same lines.
CEC & EC EQUAL ON MATTERS OF SALARY &
CONDITIONS OF SERVICE
• In 1991, the Parliament enacted The Chief Election
Commissioner and other Election Commissioners
(Conditions of Service) Act 1991 whereby the
retirement age of the CEC was fixed at 65 years, with
47

a salary and other perquisites equal to that of a
Supreme Court judge; whereas that of the other
Election Commissioners was fixed at 62 years with
benefits equivalent to a High Court judge.
• However, in 1993, the above Act was amended and
the CEC and other Election Commissioners were
placed on par on matters of retirement age, salaries
and other benefits.
• Salary - There shall be paid to the Chief Election
Commissioner and other Election Commissioners a
salary which is equal to the salary of a Judge of the
Supreme Court.
• Term of office—The Chief Election Commissioner or
an Election Commissioner shall hold office for a term
of six years from the date on which he assumes his
office. [Provided that where the Chief Election
Commissioner or an Election Commissioner attains
the age of sixty-five years before the expiry of the said
term of six years, he shall vacate his office on the date
on which he attains the said age.
NEED FOR AUTONOMY
• Protection only to CEC - Currently, only the CEC can
be removed through impeachment whereas the other
two Election Commissioners can be removed by the
government on the recommendation of the CEC.
• Budget of EC to be Charged on CFI for financial
autonomy - EC wants its budget to be “charged” to
the Consolidated Fund of India (like CAG & UPSC) as
opposed to the current practice of being voted and
approved by Parliament as it gives discretion to the
Parliament on approving the budget of Election
Commission.
• EC by itself could not even procure VVPAT for all
polling booths for 2019 Lok Sabha Elections.
(without SC Judgment)
• ECI must have organisational and financial
autonomy over the functioning of its Secretariat -
Goswami Committee recommended that the ECI
should have an independent secretariat, along the
lines of the Lok Sabha/Rajya Sabha secretariats
provided in Article 98(2).
• ECI in its 2004 Report suggested for
Independent Secretariat which would be “vital” to
the ECI’s functioning.
• Currently the ECI has a separate secretariat of its
own - But the service conditions of its officers and
staff is regulated by the rules made by the President
under Article 309 of the Constitution, similar to other
departments and ministries of the Government of
India in connection with union matters.
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RECOMMENDATIONS - 255TH LAW COMMISSION
REPORT
th
The 255 Law Commission Report suggests that the
ECI should be strengthened by
1. giving equal constitutional protection to all
members of the Commission in matters of
removability;
2. making the appointment process of the Election
Commissioners and the CEC consultative; and
3. creating a permanent and independent
Secretariat for the ECI
• Equating Removal Process of CEC & ECs -Article
324(5) of the Constitution should be amended to
equate the removal procedures of the two Election
Commissioners with that of the Chief Election
Commissioner. Thus, equal constitutional protection
should be given to all members of the ECI in matters
of removability from office.
• Collegium Based Appointment of ECs -The
appointment of all the Election Commissioners,
including the CEC, should be made by the President in
consultation with a three-member collegium or
selection committee, consisting of the Prime
Minister; the Leader of the Opposition of the Lok
Sabha (or the leader of the largest opposition party in
the Lok Sabha in terms of numerical strength) and
the Chief Justice of India. Elevation of an Election
Commissioner should be on the basis of seniority,
unless the three member collegium/committee, for
reasons to be recorded in writing, finds such
Commissioner unfit. Amendments should be made in
the Election Commission (Conditions of Service of
Election Commissioners and Transaction of Business)
Act, 1991 to reflect this.
• Recommendations of Goswami Committee - The
Goswami Committee in 1990 recommended a change
to the appointment process, suggesting that the CEC
should be appointed by the President in consultation
with the Chief Justice of India and the Leader of the
Opposition in the Lok Sabha. In turn, the CEC should
be additionally consulted on the question of
appointment of the other Election Commissioners
an
and the entire consultation process should have
statutory backing.
• Separate & Independent Secretariat - A new sub-
clause (2A) should be added to Article 324 of the
Constitution to provide for a separate independent
and permanent Secretariat for the ECI along the lines
of the Lok Sabha/Rajya Sabha Secretariats under
48

Article 98 of the Constitution. This will further improve
the independence of the ECI.
►CONCEPT OF INDEPENDENT
CANDIDATES
An independent candidate is someone who contests
polls independently, without being affiliated /associated
to any political party. Often candidates decide to contest
elections alone since they do not find any political party
aligned to their political beliefs.
ELIGIBILITY OF CANDIDATE
• The eligibility criteria for independent candidates are
same as that of other members from any political
party who wish to contest elections either in Lok
Sabha or in State Legislative Assembly. Thus, for Lok
Sabha and State Legislative Assembly, the
independent candidate must be a citizen of India and
should not be less than 25 years of age.
• The nomination paper of an independent candidate
must be subscribed by ten proposers who are also
electors of the constituency. Under the
Representation of the People Act 1951, this is
mandatory for independent candidates and those
candidates who belong to unrecognized political
parties.
• The law is little stricter for the independent
candidates as candidates fielded by recognised
political parties need to have only one proposer for
their nomination.
• The candidate contesting as independent is allowed
to choose three free symbols listed by the Election
Commission. Following which, they have to name
them in order of preference and mention it in their
nomination papers.
• Preferences indicated in the nomination papers are
taken into account and it’s the Returning officer who
finally assesses whether there is any other contender
for the same symbol and then takes the call based on
the rules declared in Election Symbols (Reservation
and Allotment) Order, 1968.
• If a member has been elected as “Independent”, then
he / she would be disqualified if they join any political
party after their election.
VIEWS OF ELECTION COMMISSION & LAW
COMMISSION ON INDEPENDENT CANDIDATES
CONTESTING POLLS
• The Election Commission has recommended in the
past that only those independent candidates who
have a previous record of winning local election
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should be allowed to contest for Parliamentary or
Assembly elections.
• The commission had also recommended doubling the
security deposits for independent candidates to put a
check on their proliferation and prevent malpractices
in the election process because of their influx.
• The Commission also had clearly advocated for
barring independent candidates from contesting
elections for a minimum of 6 years if they fail to
secure at least five percent of the total number of
votes cast in their constituencies.
• It was also suggested that the independent candidate
who loses election three times consecutively should
be “permanently debarred” from contesting election.
• The 255th Law CommissionReport has
recommended that independent candidates be
disbarred from contesting elections because the
current regime allows a proliferation of independents,
who are mostly dummy/non-serious candidates or
those who stand (with the same name) only to
increase the voters’ confusion. Thus, sections 4 and 5
of the RPA should be amended to provide for only
political parties registered with the ECI under section
11(4) to contest Lok Sabha or Vidhan Sabha elections.
►NONE OF THE ABOVE (NOTA)
After Supreme Court’s judgment in PUCL v. Union of
India in 2013, Election Commission of India has allowed
NOTA as an option in its election process. However,
NOTA does not provide for right to reject. Thus, the
candidate with maximum number of votes wins the
election.
REASONS FOR NOTA
• The option of NOTA on the EVM gives the voters the
option not to vote for any of the candidates in the
election. Hence, it can be said to be a negative vote.
• Significant votes for NOTA signify voter’s preference
not to elect any of the candidates fielded by various
political parties.
• It was with this perspective, the concept of NOTA was
allowed in Indian elections from September 2013 by
the Supreme Court.
• As per the Court, it would give people the option to
reject which would make political parties filed better
candidates.
PROBLEMS WITH NOTA
• Scope of NOTA remains limited under the present
law as NOTA does not amount to Right to Reject.
49

Candidates Number of Votes
A 8
B 13
C 11
D 10
E 6
NOTA 17
• The above examples shows number of votes
garnered in a constituency. Despite NOTA getting the
maximum votes, B will be declared as the winner.
• As per the present law, irrespective of the option of
NOTA, some candidate is declared winner in their
respective constituency on the basis of First-Past-the-
Post system.
• Thus, as of now, the effect of NOTA in reality does not
seem to be having any electoral effect in the present
circumstances and it has become only a “Protest
Vote” without having any electoral significance.
RIGHT TO RECALL
• Right to recall refers to an election where citizens
decide to recall a particular candidate of a
constituency if they are not satisfied with their work.
• The Law Commission in its report has highlighted that
it is not in favour of introducing the right to recall in
any form because it can lead to an excess of
democracy, undermines the independence of the
elected candidates, ignores minority interests,
increases instability and chaos, increases chances
of misuse and abuse, is difficult and expensive to
implement in practice, especially given that India
follows the first past the post system.
GIVING NOTA A CHANCE
• Votes casted for NOTA need to be recognised despite
its electoral non-significance. But to do so, NOTA has
to be declared as a “person” under the eyes of law.
• This will atleast give NOTA some credence and voters
a sense of pride for their votes casted. Some of these
utopian ideas have been implemented by State
Election Commission of Haryana.
• State Election Commission of Haryana in compliance
with the Supreme Court’s directive in PUCL v Union of
India, has issued an order regarding application of
NOTA option in the local body elections.
• As per the notification, NOTA shall be treated as a
‘Fictional Electoral Candidate’ while declaring the
election results.
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• So in case, a contesting candidate and the “Fictional
Electoral Candidate’ i.e. NOTA receive highest equal
number valid votes then the contesting candidate (not
NOTA) shall be declared as elected.
• However, if in any election, all the contesting
candidates individually receive lesser votes than the
‘Fictional Electoral Candidate’ i.e. NOTA, then none of
the contesting candidates will be declared as elected
and re-election shall be held for the seat.
• Further all such contesting candidates who have
secured less votes than NOTA shall not be eligible to
re-file the nomination/contest the re-election.
In re-election, if NOTA again gets highest votes then
further election will not be conducted and contesting
candidate with highest votes (excluding NOTA) shall be
declared as elected. The Law Commission has rejected
the extension of the NOTA principle to introduce a right
to reject the candidate and invalidate the election in
cases where a majority of the votes have been polled in
favour of the NOTA option. This is premised on the fact
that, first, the underlying premise of the Supreme Court’s
decision in NOTA was the importance of safeguarding
the right to secrecy, and this secrecy rationale does not
pre-empt the right to reject. Second, good governance,
the motivating factor behind the right to reject, can be
successfully achieved by bringing about changes in
political horizontal accountability, inner party
democracy, and decriminalisation. However, the issue
might be reconsidered again in the future.
TH
255 LAW COMMISSION RECOMMENDATIONS ON
NOTA & RIGHT TO RECALL
• NOTA -The Law Commission has rejected the
extension of the NOTA principle to introduce a right
to reject the candidate and invalidate the election in
cases where a majority of the votes have been polled
in favour of the NOTA option.
• This is premised on the fact that, first, the underlying
premise of the Supreme Court’s decision in NOTA was
the importance of safeguarding the right to secrecy,
and this secrecy rationale does not pre-empt the right
to reject.
• Second, good governance, the motivating factor
behind the right to reject, can be successfully
achieved by bringing about changes in political
horizontal accountability, inner party democracy, and
decriminalisation. However, the issue might be
reconsidered again in the future.
• Right to Recall -The Law Commission is not in favour
of introducing the right to recall in any form because
it can lead to an excess of democracy, undermines
50

the independence of the elected candidates, ignores
minority interests, increases instability and chaos,
increases chances of misuse and abuse, is difficult
and 223 expensive to implement in practice,
especially given that India follows the first past the
post system.
►ELECTION PETITION
An Election petition is a process to inquire into the
validity of the election results of different kinds of
elections conducted by the Election Commission. It is a
means under law to challenge the election of a
candidate in a Parliamentary, Assembly or local election.
Election petitions are filed in the High Court of the
particular state in which the election was conducted.
Therefore, only the High Courts have the original
jurisdiction on deciding on election petitions. In India,
Representation of People Act, 1951 provides for the
manner in which election petition can be filed. Let us go
through important provisions of the 1951 to know more
about election petition and its causes and impact.
• An election petition can be filed by any candidate, or
an elector relating to the election personally, to the
authorized officer of the High Court.
• An election petition calling in question an election
shall be filed within the time period of forty-five days
from the date of declaration of results.
• An election petition must consists of concise
statement of the material facts stating the claim of
the petitioner, particulars of corrupt practice alleged
by the petitioner including date and place of
commission of such offence. Such a petition must be
accompanies by an affidavit as per Form 25.
• Section 123 of RPA, 1951 describes the following as
corrupt practice:
ο Bribery
ο Undue influence
ο Direct or indirect interference or attempt to
interfere on the part of the candidate or his agent
or by any other person with the consent of the
candidate.
ο Appeal by a candidate on the ground of his
religion, race, caste, community or language.
ο Use of, or appeal to religious symbols or the use
of, or appeal to national symbols, such as the
national flag or the national emblem to enhance
the prospects of the election of that candidate or
to affect the election prospect of any rival
candidate.
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ο The promotion of, or attempt to promote,
feelings of enmity or hatred between different
classes of the citizens of India on grounds of
religion, race, caste, community, or language, by a
candidate or his agent or any other person.
ο The propagation of the practice or the commission
of sati or its glorification for election prospects.
ο Publication of any false statements about rival
candidates – including their personal character and
conduct.
ο Getting any assistance from any gazetted officer to
enhance election prospects.
Punishment: Any person who in connection with an
election under this Act promotes or attempts to
promote on grounds of religion, race, caste, community
or language, feelings of enmity or hatred, between
different classes of the citizens of India shall be
punishable with imprisonment for a term which may
extend to three years or with fine or with both.
Disputes regarding elections has been dealt in Part
VI of Representation of People Act (RPA), 1951.
• As per Section 80 of RPA 1951, any issue with respect
to an election must be presented through an election
petition.
• Section 80A – High Court of a particular constituency
(where such disputes have arisen) shall have the
jurisdiction to try such election petition. Election
petition can be submitted by any candidate or elector
within 45 days of declaration of results.
• "Elector" in relation to a constituency means a
person whose name is entered in the electoral roll of
that constituency for the time being in force and who
is not subject to any of the disqualifications
mentioned in section 16 of the Representation of
the People Act, 1950.
REFORMS SUGGESTED IN 255TH LAW COMMISSION
REPORT
• More election benches shall be introduced in each
High Court which shall exercise jurisdiction over all
election disputes under the RPA.
• The procedure for presenting election petitions
should be made simpler and less formalistic
• The trial of election petitions by the election bench of
the High Court should be expedited by providing for
daily trial, minimising adjournments, with the
possibility of imposing exemplary costs, a time limit of
45 days to file a written statement, with a further
extension of 15 days, after which such right shall be
forfeited.
51

• The trial should be concluded within six months from
the date of presentation of the petition; otherwise, a
report should be sent to the Chief Justice of the High
Court explaining the reasons for the delay.
• The election bench of the High Court should pass its
order under section 98 within ninety days from the
conclusion of arguments.
• A new provision, Section 98A, should be inserted
pertaining to the collection of data such as
the number of election petitions filed and
pending, the status of each petition, the names of
the parties, and designated election bench.
• Appeals to the Supreme Court should only be on the
basis of a question of law, instead of questions of fact
as grounds for appeal. This appeal should be filed
within 30 days of the High Court’s order.
• The Supreme Court should try and conclude the
appeal within three months from the date of appeal.
►CVIGIL – EC’S APP TO REPORT
ELECTORAL MALPRACTICE
• cVIGIL is an online application for citizens to report on
model code of conduct violations during the election
period. The application denotes Vigilant Citizen and
the proactive and responsible role they can play in
the conduct of free and fair elections in India.
• The app c-VIGIL aims to share proof of malpractices
by political parties, their candidates and activists
when the Model Code of Conduct (MCC) is in force.
• The new app provides a framework for fast-track
complaint reception and redressal system.
• It also aims at community participation by playing a
proactive and responsible role in the conduct of free
and fair elections across the country.
• It will be operational only where elections are
announced.
WORKING OF THE APP
• The vigilant citizen has to click a picture or a video,
describe the activity and upload it through mobile
application.
• This will enable the flying squads to reach the spot in
a matter of few minutes.
• The automated location mapping will be done by the
app using the Geographic Information System (GIS).
• After its successful submission through the app, the
vigilant citizen gets a Unique ID to track and receive
the follow up updates on her or his mobile.
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ELECTION RELATED ISSUES
• The identity of the complainant will be kept
confidential.
BENEFITS
• “cVIGIL” will allow anyone in the election-bound state
to report violations of Model Code of Conduct
(MCC) which comes into effect from the date of
announcement of elections and goes on till a day
after the polls.
• Citizens can immediately report on incidents of
misconduct within minutes of having witnessed them
and without having to rush to the office of the
returning officer to lodge a complaint.
• Allow officials to take immediate actions thereby
creating a deterrent effect on miscreants and wrong-
doers who interfere in the conduct of free and fair
elections.
• Save unnecessary procedural delays in reporting
electoral violations and will also improve
transparency in the conduct of elections.
• Each reported incident is tracked and scrutinised
from the beginning to the end point, thus bringing
accountability into the system.
• This will also keep the election authorities on
their toes and will help the commission achieve its
objective of conducting free and fair elections.
PREVENTION OF MISUSE OF APP
• For prevention of misuse, the app has been loaded
with some inbuilt features. Primary among them is
that it will receive only MCC violations.
• To prevent any misuse, the app will not allow
uploading of the pre-recorded or old images and
videos. The app allows the user 5 minutes to submit
an incidence report after having clicked a picture or a
video.
• The photos/videos clicked via this app cannot be
saved in the gallery. The application will be made
active only in those States where elections have been
announced. The moment a citizen goes outside an
election-bound State, the app will become inactive.
►SIMULTANEOUS ELECTIONS IN
INDIA – ONE NATION, ONE POLL
The idea of One Nation One Poll or conduct of
Simultaneous Elections to Lok Sabha and State
Assemblies has been recently highlighted by Vice-
President on the issue of Parliamentary Reforms.
MERITS OF SIMULTANEOUS ELECTIONS
52

• Provide continuity, consistency and stability
governance throughout the country.
• It will reduce the massive expenditure spent during
elections.
• Help ruling parties focus on governance instead of
being constantly in election mode.
• Imposition of the Model Code of Conduct hampers
the development programmes and activities of the
Union and State governments leading to policy
paralysis and governance deficit.
• Simultaneous elections would
crucial manpower which is often deployed
prolonged periods on election duties.
• It would provide a stable five year term to the political
parties in power to focus towards implementing their
political manifestos and government schemes.
• Help in controlling corruption to a large extent as use
of unaccounted money through illegal sources very
common during elections.
DEMERITS OF SIMULTANEOUS ELECTIONS
• Not Practical to Hold Simultaneous Elections – as it
will amount to reduce or extend duration of State
Legislatures. Such a measure can undermine
democracy and federalism.
• Hamper Choice of Voters: as simultaneous elections
for Parliament & SLA tends to undermine regional
and local issues.
• Go Against Local or Regional Interests
• Go Against Smaller Political Parties who are not
adequately funded
• Corporates in favour of larger parties for their
benefits
RECOMMENDATIONS OF VARIOUS REPORTS
th
• 177 Law Commission Report - Election of few
Legislation Assemblies where term is ending 6
months after the General election to Lok Sabha can
be clubbed but election result can be declared at the
end of their tenure.
• The Standing Committee on Personnel, Public
Grievances, Law and Justice noted that the
Representation of People Act, 1951 permits the
Election Commission to notify general elections six
months prior to the end of the terms of Lok Sabha
and State Assemblies. The Committee recommended
that elections could be held in two phases. Elections to
some Legislative Assemblies could be held during the
midterm of Lok Sabha. Elections to the remaining
legislative assemblies could be held with the end of
term of Lok Sabha.
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ELECTION RELATED ISSUES
in • NITI Aayog in its Three Year’s Action Agenda has
suggested that we need to move towards switching to
a synchronised two-phase election to the Lok
Sabha. This would require a maximum one-time
curtailment or extension of some state assemblies.
WAY FORWARD
• Any proposal to strengthen the roots of democracy is
always a welcome step and all stakeholders must be
willing and accommodative to explore options for the
same.
free • In this respect, the proposal to introduce
for simultaneous elections in India both to Lok Sabha and
State Assemblies is a bold reform and must be carried
forward with the consensus of all state assemblies.
• Simultaneous elections if at all possible should be
complied within the constitutional constraints and
without disturbing the federal structure of India as it
is also a Basic Structure of the Indian Constitution.
• However, if any state is unwilling to come to the terms
of simultaneous elections then, the Central
Government shall patiently listen to their concerns. If
the concerns are genuine, then effective steps and
alternatives must be suggested so as to bring all
stakeholders at one common platform.
►SERVICE VOTERS
Due to severe impact of COVID-19 on senior citizens,
Election Commission did not to extend the facility of
postal ballot to voters above 65 years of age for Bihar
Assembly Elections and by- elections in other
states. However, facility of optional postal ballot to
electors who are above 80 years of age, People with
Disabilities (PwD) Voters, the electors engaged in
essential services and voters who are COVID-19
positive/suspect in quarantine (home/institutional) will
be extended in these elections. In cases of close
contests, service voters play crucial and decisive role.
Service voter are those who have service qualification.
SERVICE VOTERS
• Service voter is a voter having service qualification.
According to the provisions of sub – section (8) of
Section 20 of Representation of People Act, 1950,
service qualification means
(a) Being a member of the armed Forces of the Union
; or
(b) Being a member of a force to which provisions of
the Army Act, 1950 (46 of 1950), have been made
applicable whether with or without modification ;
53

(c) Being a member of an Armed Police Force of a
State, and serving outside that state; or
(d) Being a person who is employed under the
Government of India, in a post outside India.
• Election Commission during the Lok Sabha Elections
of 2019, allowed to vote through Electronically
Transmitted Postal Ballot System (ETPBS). The service
voters were sent postal ballots electronically one way
to save processing time, resources and avoid human
errors.
ABOUT SERVICE VOTERS
• Wife of a Service Voter, if she is ordinarily residing
with him, shall also be eligible to be enrolled in the
part meant for Service Voters in the constituency
concerned.
• While wife can be enrolled in the part for Service
Voter, husband/ son/ daughter cannot be enrolled as
service voter.
• Service Voters also have a choice to get themselves
registered as a General Voter. But in doing so, they
need to delete their name from the list of service
voters.
CLASSIFIED SERVICE VOTER
• The Service Voter can either vote through: 1. Postal
Ballot or 2. Through a proxy. It means that they are
entitled to appoint any person as their proxy to cast
vote on their behalf and in their name at the polling
station.
• A service voter who opts for voting through a proxy is
called Classified Service Voter (CSV).
ABOUT PROXY
• The proxy selected must be an ordinary resident of
the same constituency as that of the service voter.
• The proxy need not be a registered voter but must
not be disqualified to be a registered voter. The proxy
appointed by the service voter must fill Form 13F and
must send the form to the Returning Officer after
getting it signed by Notary or First Class
Magistrate.Once appointed, the proxy will continue
until his/ her appointment is revoked.
ABSENTEE VOTERS
Absentee voter’ means a person belonging to such class
of persons as may be notified, under clause (c) of section
60 of Representation of People Act, 1951 and who is
employed in essential services and includes an elector
belonging to the class of senior citizen or persons with
disability
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ELECTION RELATED ISSUES
• ‘person with disability’ means a person flagged as
person with disability in the data base for the
electoral roll;
• ‘senior citizen’ for the purpose of this Part means an
elector belonging to the class of absentee voters and
is above 80 years of age;
• Engagements in various capacities in the discharge of
Essential Services include railways, state transports,
aviation etc.
• Section 60 of RPA, 1951 provides for Special
procedure for voting by certain classes of persons.
►RECOMMENDATIONS OF
ELECTION COMMISSION’S NINE
WORKING GROUP
After Lok Sabha Election of 2019, Election Commission of
India constituted Nine Working Groups on improving
electoral administration in India. Based on the
recommendations of the working groups, the ECI has
come out with 25 recommendations and invited
suggestions from the public.
REASON TO FORM NINE WORKING GROUPS
• The 2019 Lok Sabha Elections saw highest voter
participation of 67% in Indian Electoral history. To
large extent it was on account of introduction of
innovative measures by ECI like
ο Systematic Voter's Education and Electoral
participation (SVEEP) programme - to inform and
educate people to vote
ο C-vigil app – to empower citizens to report
electoral malpractices
ο Dedicated transport facilities to persons with
disabilities (PwD)
ο Creation of voluntary code of Ethics for the Social
Media during elections etc.
ο Media Certification and Monitoring Committee
ο Using ICT applications for ease of processes
ο Creating unique Voluntary Code of Ethics for use
of social media during elections
ο Use of Electronically Transmitted Postal Ballot
System (ETPBS) for Service Voters
• After the unprecedented electoral participation,
Election Commission in order to focus on
consolidation of efforts and incorporations of
learning to further improve electoral administration in
India constituted Working Groups on various aspects
of electoral management for these purposes.
54

• The Working Groups have taken inputs from the field
and has analyses these inputs in the context of
existing legal and institutional frameworks and
suggested pathways for future to add value to the
electoral process. Accordingly, the ECI has come out
with 25 recommendations and invited suggestions
from the public.
IMPORTANT RECOMMENDATIONS OF ECI TO
IMPROVE THE ELECTORAL ADMINISTRATION IN INDIA
1. Single simplified Form for all services to voters eg.
Registration, change of address, deletion of names
etc.
• At present, citizens and electors use different forms
for specific electoral services such as
ο Form 1 - replacement of EPIC
ELECTION RELATED ISSUES
7. Provision of e-EPIC for voters - In the digital
environment it is recommended to have e-version of this
EPIC for the voters for better mobility.
8. Quarterly/6 monthly qualifying date for voter
registration instead of one annual date (1st January)
as qualifying date –
• As per law, 1st January is the qualifying date to be
calculated the eligibility age for the electors. This
deprives all those citizens who attain 18 years in that
particular year after 1st January but remain ineligible
to become voter for any election in that year.
• ECI has proposed 4 qualifying dates – 1st January,
1st April, 1st July and 1st October. However, Ministry
of Law has suggested for 2 qualifying dates viz., 1st
January and 1st July for this purpose.

ο Form 6 - voter registration for the first time or in
case of change in constituency
ο Form 6A - registration as the overseas vote
ο Form 7 - deletion of names or filing objections
ο Form 8 - shifting of residence within
constituency
ο Form 8A - correction of entries in existing electoral
roll
• Multiple numbers of forms create confusion and
affect the efficiency in the process. It is now
proposed to have a unified and simplified form for
all services to voters.
2. Expanding the network and Electoral Service
Centres (ESCs)/ Voter Facilitation Centres (VFCs) to
streamline Electoral Services to citizens and to
deliver services at the nearest location.
3. Door-step electoral services to Persons with
Disability (PwDs) and Senior citizens (80+ years) - to
ensure that no voter is left behind thereby maximizing
voting percentage.
4. Online registration of prospective voters at age of
17 years – It will enable smooth transition of young
citizen in the electoral roll the moment they become
eligible to vote.
5. Preparing Electoral Roll of Graduates’ and
Teachers’ Constituency through online platforms of
ERO Net – as it is prepared in offline mode.
6. Revamping Booth Level Officer (BLO) System and
appointing full time tech-savvy BLOs in a phased
manner for services through handheld digital
devices
9. Modern online Election Planning Portal for ECI,
State/UT or district levels – It will help in real time
data handling for electoral planning.
10. Accessibility portal for providing speedy services
to PwDs or Senior Citizens
the
11. GIS based Electoral Atlas for mapping of
Parliamentary Constituencies, Assembly
Constituencies or Polling Stations for public
information - Utilisation of technology to
disseminate the information about territorial
boundaries of Parliamentary Constituencies,
Assembly Constituencies, and Polling Stations will be
useful for the public.
12. Creating Digital Platform for election calendar
and election schedule will create more awareness
to the public.
Institutional Strengthening to increase voter
participation
13. Partnership with Govt. organizations, PSUs and
Private Trade/Industrial Organizations for
Electoral education and awareness
14. Setting up Electoral Literacy Clubs in all schools
and colleges.
15. Setting up voter awareness forums in all Govt.
and private organizations.
16. Setting up Chunav Pathshala in all Polling
Stations, for voter awareness.
17. Inclusion of voter education in school curriculum.
18. Setting up regional six hubs for voter education
and awareness.
19. New Outreach Media
(i) Pro-active use of New Media Technology

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55
 ELECTION RELATED ISSUES
(ii) Setting up Web TV and Web radio for education
of voters and other stakeholders.
(iii) Starting a weekly programme on Doordarshan
or Radio for voters.
(iv) Setting up Community Radio Stations for voter
education.
(v) Periodic SVEEP Talk programmes.
20. Orientation Programme for Media Persons,
Political Parties, Civil Society Organizations
(CSOs) - regular basis so that they remain aware of
various steps taken by Commission for continuous
moment in electoral process.
21. Exploring New Voting Methods which are secure
and safe to ease and improve electoral participation
of certain sections such as migrants.
22. Regulating Print and Social Media Platforms
during 48 hours prior to voting on lines of
electronic media during the period of silence under
section 126 of the RP Act, 1951.
23. Creating online facility to file nomination will help
in avoiding errors and will ease the process of filing
nomination.
24. Proposing statutory cap on expense made by
Political Parties and Individuals during Elections. -
25. Integration of voter registration process with
Citizen-facing services such as Digi-Locker and
UMANG. Citizens maintain their documents in Digi-
locker/UMANG. Linkage will help in early
upload/connect of necessary documents for the
purposes of registration.

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56
Section-3
UDICIARY
SSUES
►IMPORTANT ROLE PLAYED BY
JUDICIARY
• The principal role of the judiciary is to protect rule of
law and ensure supremacy of law. It safeguards rights
of the individual, settles disputes in accordance with
the law and ensures that democracy does not give
way to individual or group dictatorship. For judiciary
to perform its functions, it is necessary that -
• Other organs of government (legislature & executive)
do not restrain the functioning of judiciary in
providing justice.
• Other organs does not interfere with the decisions of
the Judiciary
• Judges must be able to perform their duties without
fear or favour
• Judiciary is a part of the democratic political structure
of the country. It is therefore accountable to the
Constitution, to the democratic traditions and to the
people of the country.
• Thus, for judges to perform their duties fearlessly,
constitution of India has ensured certain safeguards
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
ELATED
against misuse of power by either the executive or
legislature.
►IMPORTANCE OF JUDICIAL
INDEPENDENCE IN INDIA
• Administration of Law & Justice - Supreme Court of
India plays a significant role in the administration of
law and justice and is the final arbiter and interpreter
of the Constitution.
• Judicial Review - The Judiciary is the protector of the
Constitution and can strike down executive,
administrative or legislative acts of Centre and States
if they violate legal or constitutional principles.
• SC is the final court of appeal in public and private
law and enjoys advisory, appellate and original
jurisdiction.
• Creative & Balanced Role of Supreme Court -
in keeping the responsible and parliamentary system
of government in proper working order, in
maintaining federal balance and protects
fundamental rights of people of India.
57

• Promotes and Protects Welfare State & Other
Constitutional Ideals and Goals enshrined in the
Preamble and other parts of the Constitution.
• Overall, an Independent Judiciary is sine qua non
(an essential condition) of a vibrant democratic
system.
CONSTITUTIONAL & LEGAL PROVISION TO ENSURE
JUDICIAL INDEPENDENCE
• Separation of Power - Article 50 - Separation of
Power between Legislature, Executive and Judiciary –
is now a part of Basic Structure of the Indian
Constitution.
• Security of Tenure of Judges – Judge of Supreme
Court or High Court cannot be removed arbitrarily by
the executive and their removal has to undergo
rigorous legislative scrutiny as provided under Article
124 (4). Further, Article 124 (5) mentions that
removal of judge on grounds of
“misbehaviour” and “incapacity” can be prescribed by
law made by Parliament.
• The Judges Enquiry Act, 1968 – lays down the
process to remove Judges of Supreme Court and High
Court including the investigation necessary to prove
misbehaviour or incapacity.
• Salary of Judges cannot be reduced - Article 125
(2) - Salary of Judges is fixed by Parliament and it
cannot be reduced during the tenure of a Judge.
Privileges, allowances, leaves and pension provided to
a Judge cannot be varied or reduced to their
disadvantage.
• Expense of Supreme Court charged upon
Consolidated Fund of India – Article 146 (3) – This
ensures financial independence of judiciary away
from Parliament’s vote on the matter or executive’s
pressure or influence.
• Jurisdiction of Courts cannot be diminished -
Parliament cannot reduce jurisdiction of Supreme
Court or High Court by passing any law on appeals or
Supreme Court’s Original Jurisdiction under Article
131 with respect to dispute between centre and
states.
• Constitution insulates Judges from criticism in
Parliament & State Legislature –Parliament or State
Legislature cannot discuss the conduct of Judge in
discharge of their duties.
• Protection from Contempt Proceedings - Supreme
Court in Keshav Singh case held that Article 121 and
211 also protects a Judge of Court from any contempt
proceedings which may be taken against them in
discharge of their duties.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
JUDICIARY RELATED ISSUES
• Collegium System – This has further strengthened
judicial independence as interference from executive
in appointment is ruled out.
IS THERE A POSSIBILITY OF EROSION OF JUDICIAL
INDEPENDENCE DESPITE CONSTITUTIONAL
GUARANTEES?
• Post Retirement Benefits - There is always a lurking
danger of judicial independence being eroded by
prevailing practices of post retirement re-
employment of retired SC/HC Judges in various
executive capacities. For ex - Former CJI Ranjan Gogoi
was nominated to Rajya Sabha within four months of
his superannuation. Former CJI P. Sathasivam was
appointed as Governor of Kerala.
• The Only Ban - The only ban imposed by the
Constitution on Supreme Court Judge is that he
cannot plead or practice in any Court or before any
authority.
• Arbitration Practice - Most Supreme Court Judges
on retirement start their Arbitration Practice. This
may develop a prior linkage or affiliation with any
corporate, company, industry or organisation for a
future job. Such prior linkage pre-retirement may
impact judgments pronounced prior retirement.
• No Constitutional Bar on retired SC/HC Judges
entering Active Politics – Lure of participation in
active politics by political parties further erodes
judicial independence. As part of quid pro quo, judges
may deliver favourable judgment and this overall may
hamper judicial independence.
WAY FORWARD
• Implementing the Observation made in the case
of Nixon M. Joseph v Union of India – On the issue
of taking up jobs post retirement for Judges, Justice
Narayana Kurup expressed firm opposition against
such practice. The Court said that to maintain dignity
and independence of judiciary as well as public
confidence in the judiciary, it is necessary that a Judge
should not allow his judicial position to be
compromised at any cost. Justice should not only be
done, but seen to be done.
• Cooling off period of two years must be made part of
legal principles for retired Judges of Supreme Court
and High Court.
• Implementing “Restatement of Values of Judicial
life” which provides complete cannons for judicial
ethics as adopted by Supreme Court in May 1997 and
serves as a guide for an independent & fair judiciary.
58

►COLLEGIUM SYSTEM IN
APPOINTMENT OF JUDGES
WHAT IS A COLLEGIUM?
• The Collegium System is one where the CJI and a
forum of four senior-most judges of the Supreme
Court recommend 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.
• Now, recommendations of collegium have been made
public on the website of Supreme Court including the
reasons for appointment or transfer.
HOW COLLEGIUM CAME INTO BEING?
Earlier Practice
• Power to appoint Supreme Court judges rested
primarily with the Executive. The practice was to
appoint the Senior Most judge of the Supreme Court
whenever a vacancy occurred by the Executive.
• This move was criticized by Fourteenth Law
Commission Report and suggested to widen the role
of Chief Justice of India (CJI) in judicial appointments.
However, the government did not act upon this
recommendation and continued its practice.
Departing from the Process – (Empowered Executive)
• In 1973, the Union government departed from this
practice and appointed Justice A.N. Ray as CJI who was
fourth in order of seniority bypassing three senior
judges of Supreme Court. The government was
accused of tampering with the independence of
judiciary. The three senior Judges resigned from their
post in protest.
• Again in 1976, government appointed Justice Beg as
CJI bypassing Justice Khanna who was senior to him.
Thus, interference by executive in judicial
appointments was cloaked in veils of politics and it
started a disturbing trend in judicial appointments in
India.
• Till 1976, India had witnessed emergency and
implementation of 42nd amendment had casted a
serious doubt on the ever growing power of executive
in all spheres of democracy.
• In such an environment of growing executive
influence, the collegium system evolved through
three different judgments which are collectively
known as the Three Judges Cases.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
JUDICIARY RELATED ISSUES
►THREE JUDGES CASE – 1982 (E) –
1993 (J) – 1999 (J)
The Three Judges Case was delivered by Supreme Court
amid changing political atmosphere of the country. Post
nd
Emergency and Constitution 42 Amendment, Executive
had become all powerful and had started their
interference even in appointment of Judges as we have
seen earlier.
FIRST JUDGES CASE - S.P GUPTA VS. UNION OF INDIA
(1982) – (IN FAVOUR OF EXECUTIVE)
• SC held - opinions of Chief Justice of India (CJI) and
Chief Justice of respective High Courts were merely
“consultative” and the power of appointment resides
solely and exclusively with the Central Government.
• Central government “could” override the opinions
given by the Judges. Thus, the opinion of Chief Justice
of India in matters of appointment was not given
primacy in matters of judicial appointments under
Article 217(1).
SECOND JUDGES CASE - S.C. ADVOCATES ON RECORD
ASSOCIATION V. UNION OF INDIA (1993) – (PRIMACY
OF JUDICIARY) – THE MATTER WAS DECIDED BY NINE
JUDGE CONSTITUTION BENCH
• The Court considered the question of “Primacy of
opinion of CJI in regard to appointment of
Supreme Court Judges”. The Court said that the
question had to be considered in the context of
achieving constitutional purpose of selecting the best
so as to ensure the independence of judiciary and
thereby preserving democracy.
• Referring to ‘Consultative Process’ as envisaged in
Article 124(2), SC emphasized that Government
does NOT enjoy primacy or absolute discretion in
matters of appointment of Supreme Court judges.
• Court said that provision for consultation with
Chief Justice was introduced as CJI is best equipped
to know and assess the worth and suitability of a
candidate and it was also necessary to eliminate
political influence.
• Selection should be made as a result of
‘Participatory Consultative Process’ where
Executive has the power to act as a mere check on the
exercise of power by CJI to achieve constitutional
purpose.
• SC held that initiation of the proposal for
appointment of a Supreme Court Judge must be by
the Chief Justice.
THIRD JUDGES CASE - (1999) - RE: PRESIDENTIAL
REFERENCE (EMERGENCE OF COLLEGIUM SYSTEM)
• Supreme Court on a reference made by the President
under Article 143 has laid down the following
59

proposition with respect to appointment of Supreme
Court judges
ο While making recommendation, CJI shall consult
four senior most Judges of Supreme Court. This
led to the emergence of present Collegium System.
ο The opinion of all members of collegium regarding
their recommendation shall be in writing.
ο The views of the senior-most Supreme Court Judge
who hails from the High Court from where the
person recommended comes must be obtained in
writing for Collegium’s consideration.
ο If majority of the Collegium is against the
appointment of a particular person, that person
shall not be appointed.
ο Even if two of the judges have reservation against
appointment of a particular Judge, CJI would not
press for such appointment.
ο A High Court Judge of outstanding merit can be
appointed as Supreme Court Judge regardless of
his standing in the seniority list.
PROBLEMS WHICH EMERGED IN THE FUNCTIONING
OF COLLEGIUM SYSTEM
• Lack of transparency: Collegium System worked in
complete secrecy and initially did not reveal the
methodology or reasons provided for transfer or
promotion of judges or even appointing senior
lawyers as Judges of SC or HC.
• Nepotism – Accusations of favouritism and
preferential treatment to members from judicial
fraternity were raised. This also impacted quality of
judgment specially in High Courts.
• Politicization of judiciary: Due to lack of
transparency in appointing process, certain political
appointments specially to High Court were witnessed.
• Absence of Permanent Commission: Law
st
Commission in its 121 Report proposed to set up a
National Judicial Service Commission for appointment
of Judges. Even NCRWC in its 2002 Report highlighted
the need for National Judicial Commission for the
purpose of appointments to higher judiciary.
NJAC Act Declared as Unconstitutional
• Violation of Basic Structure - Five Judge Bench of
Supreme Court [4:1] declared the Constitution 99
th
Amendment Act and the National Judicial
Appointment Commission Act, 2014 as
unconstitutional as it violated the Basic Structure of
the Indian Constitution.
• Inclusion of Members of Executive - Constitution
99
th
Amendment introduced Article 124A which
provided for the constitution and composition of the
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National Judicial Appointments Commission (NJAC)
which apart from members of Judiciary also included
Union Minister of Law & Justice and two Eminent
Persons to be appointed by the Central Government.
• Violation of Independence of Judiciary - SC held
that Article 124A was insufficient to preserve the
primacy of the judiciary, in the matter of selection and
appointment of Judges to the higher judiciary as
inclusion of members of executed violated
independence of judiciary and the aspect of
separation of powers. Accordingly, Article 124A (a) to
(d) was set aside by the Constitution Bench as being
ultra vires.
• Collegium System to Continue - The judgment
officially allowed Collegium System for appointment
and transfer to continue.
►OFFICE OF CJI UNDER RTI - SC
Supreme Court in an important judgment has held the
office of Chief Justice of India is a public authority under
Right to Information Act, 2005. However, the Court held
that while giving information under RTI, right to privacy
and confidentiality needs to be balanced with serving
larger public interest. In providing personal information,
SC has asked the Information Commissioner to apply
test of proportionality while entertaining applications
seeking information from CJI's office. While giving the
judgment, Justice N.V. Ramana quoted the following: “In
the domain of human rights, right to privacy and right to
information have to be treated as coequals and none can
take precedence over the other, rather a balance needs to
be struck”.
Disclosure of Information under RTI Acts as a
Constraint on Public Authority
• Constitution of India institutes and operationalises
the functions of government. However, the framers of
our Constitution recognised that empowering
government also carries associated risks of being
autocratic. So, in addition to democratic controls,
certain additional checks and balances on
governmental power were necessary.
• Part III of the Constitution represents a crucial aspect
of the constitutional scheme by which governmental
power is restricted and the government is obligated
to respect the rights and freedoms of citizens.
• The RTI Act was enacted in furtherance of the
principles found in Part III of the Constitution as it
operationalises the disclosure of information held by
public authorities‘ in order to reduce the asymmetry
60

of information between individual citizens and the
state apparatus.
• The RTI Act facilities transparency in the decisions of
public authorities, the accountability of public officials
for any misconduct or illegality and empowers
individuals to bring to light matters of public interest.
• The RTI Act has provided a powerful instrument to
citizens, has facilitated a culture of openness among
public offices and has simultaneously empowered
citizens in the general affairs of the state.
• RTI Act provides for a balance between effective
government, efficient operations, expenditure of such
transparent systems and requirements of
confidentiality for certain sensitive information.
• State of Uttar Pradesh v. Raj Narain (1975) and S.P.
Gupta v. Union of India (1981) held that a citizen
cannot effectively exercise his freedom of speech and
expression unless he/she is informed of the
governmental activities.
Exemption from Disclosure of Personal Information
under RTI – Section 8
• One of the grounds under Section 8(1)(j) pertains to
disclosure of personal information:
(i) which has no relationship to any public activity or
interest, or
(ii) which would cause unwarranted invasion of the
privacy of the individual
• The exemption provided under Section 8(1)(j) is a
qualified exemption and not an absolute exemption.
• So, if the Information Officer is satisfied that the
existence of the “larger public interest” justifies the
disclosure of the personal information - the
information must be disclosed.
Exemption from Disclosure of Personal
Information under RTI – Section 8
• One of the grounds under Section 8(1)(j) pertains to
disclosure of personal information:
(i) which has no relationship to any public activity
or interest, or
(ii) which would cause unwarranted invasion of the
privacy of the individual
• The exemption provided under Section 8(1)(j) is a
qualified exemption and not an absolute
exemption.
• So, if the Information Officer is satisfied that the
existence of the “larger public interest” justifies
the disclosure of the personal information - the
information must be disclosed.
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IMPORTANT HIGHLIGHTS OF THE JUDGMENT
• Supreme Court and High Courts are public
authority under Section 2(h) of RTI Act - by virtue of
being established by the Constitution.
• The office of CJI not distinct from the Supreme
Court - as the Supreme Court is constituted by virtue
of the Constitution and consists of judges, of which
the Chief Justice is the head.
• Need for Balance on disclosing personal
information with larger public interest.
• Seeking private information must fulfill
proportionality test (Puttaswamy Judgment) - It will
ensure that personal information sought is based on
‘pressing social need’ or ‘compelling requirement or in
larger public interest (and not only for public
amusement) to uphold democratic values.
• Right to information should not be allowed to be
used as Tool of Surveillance to scuttle effective
functioning of judiciary.
• Seeking personal information must not breach or
violate of judicial independence.
Proportionality Test
Supreme Court in Justice K.S. Puttaswamy (Retd) vs Union
Of India has ruled Right to Privacy as an integral part of
Right to Life and Personal Liberty as guaranteed under
Article 21 of the Indian Constitution. The Court held
that these rights are recognised by the Constitution as
inhering in each individual as an intrinsic and
inseparable part of the human element which dwells
within.
However, right to privacy is not absolute and state can
make law to restrict right to privacy. A law on invasion
of life or personal liberty must meet the three-fold
requirement of
1. Legality, which postulates the existence of law i.e.
state action must have a legislative mandate
2. Need, defined in terms of a legitimate state aim i.e.
there must be a legitimate state purpose
3. Proportionality which ensures a rational nexus
between the objects and the means adopted to
achieve them.
This judgment forced the government to change its
view on privacy of citizens. This was further helped by
Judgment in Aadhaar as it prohibited authentication of
Aadhaar details by private organisations including
corporates. (eg Airtel, Vodafone, Reliance etc.)
61

►COURT RECORDS DO NOT FALL
UNDER RTI
Supreme Court in a recent judgment has upheld Gujarat
High Court Judgment and barred citizens from securing
access to court records under Section 11 of Right to
Information (RTI) Act which relates to Third Party
Information. Instead, the Supreme Court held that such
SECTION 11 OF RTI ACT – THIRD PARTY INFORMATION
ISSUES BEFORE SUPREME COURT
1. Whether the above Gujarat High Court Rule
contradicts the provisions of RTI Act.
2. Whether provisions of RTI Act can be resorted to
obtain Court documents when there is another law to
obtain the information or records.
JUDGMENT OF SUPREME COURT
• Supreme Court held that Rule 151 of Gujarat High
Court Rules is not inconsistent with RTI Act as Rule
151 merely lays down a different process or pathway
to obtain Court documents for third parties as
compared to RTI Act. Hence Rule 151 of Gujarat High
Court Rules and RTI Act are not inconsistent.
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records can be accessed only through the rules laid
down by each High Court under Article 225 of the
Constitution and not under RTI. Gujarat High Court had
earlier held that certified copies of judgments, orders
and pleadings or other Court documents can be issued
to third party or those who are not party to a case only
under High Court Rules of Gujarat and not under RTI Act.
• Therefore, in the absence of any inconsistency
between RTI Act and other law, overriding effect of
RTI Act would not apply.
• Process to obtain certified Court documents by Third
Party under High Court Rules were fairly simple as it
only needs an Affidavit with proper Court Fees along
with reasons as to why the person needs such
information.
• SC held that there is no need to resort to Section 11
of RTI Act to obtain information by third party as
it is a cumbersome and complex process and
would lead to wastage of time and financial
resources.
62

►JAGAN V JUDICIARY – CASE OF
MISCONDUCT V IMPEACHMENT
Chief Minister of Andhra Pradesh Y.S. Jagan Mohan
Reddy has written a complaint to Chief Justice of India
(CJI) accusing Supreme Court Judge Justice N.V. Ramana
for allegedly influencing posting of cases in Andhra High
Court and hostility shown towards his government’s
decisions by some High Court Judges. In such situations,
CJI can initiate in-house misconduct proceedings which is
different from impeachment provided under Article
124(4).
DIFFERENCE BETWEEN CASES OF MISCONDUCT AND
IMPEACHMENT
• Indian Constitution protects the independence of
judges of the High Courts and the Supreme Court
from interference by the executive as they cannot be
removed arbitrarily by the executive and their
removal has to undergo rigorous legislative scrutiny
as provided under Article 124 (4).
• Further, Article 124 (5) mentions that removal of
judge on grounds of “misbehaviour” and
“incapacity” can be prescribed by law made by
Parliament. Accordingly Parliament has enacted The
Judges Enquiry Act, 1968 to provide for the process
to remove Judge of Supreme Court or High Court on
specific charges of “misbehaviour” or “incapacity.”
• However, cases of impeachment are quite different
from cases of Misconduct of Judges as had happened
in the case of former Chief Justice of India Ranjan
Gogoi (sexual harassment case) and former Chief
Justice of India, Justice Deepak Mishra (impeachment
was initiated).
COMMITTEE ON IN-HOUSE PROCEDURE FOR
MISCONDUCT
• Based on ‘Restatement of Values of Judicial life’
which is a set of principles containing the essential
elements of ideal behaviour for judges ()floated by
Justice Verma in 1997), Supreme Court of India
constituted Committee on In-House Procedure to
take suitable remedial measures against erring
Judges.
• The Report of the Committee on In-House
Procedure has provided for procedure of
investigation.
RESTATEMENT OF VALUES OF JUDICIAL LIFE’
• Supreme Court adopted a Charter called the
‘Restatement of Values of Judicial Life’ in May 1997. It
serves as a guide for an independent & fair
judiciary. The Charter is “a complete code of the
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canons of judicial ethics” and categorically declares
important values to be adhered and cherished by
Honourable Judges.
As per the Charter, the behaviour and conduct of
•
members of the higher judiciary must reaffirm
people’s faith in the impartiality of
judiciary. Accordingly, any act of Judge of Supreme
Court or a High Court which erodes the credibility
of this perception must be avoided.
• The Charter titled “Restatement of Values of
Judicial Life” prohibits the following:
ο Judges to contest election
ο Close association with members of the bar
practicing in same Court
ο Legal Practice of relatives before the Judge
concerned
ο Expressing political views in public or matters
which are sub judice
ο Hearing cases of companies where Judge has
personal investments in stocks
ο Speculating on stocks and indices
ο Involve himself to raise fund for any purpose
ο Judges accepting gifts or hospitality
Report of the Committee on In-House Procedure
• Allegations against any Judges of HC or SC shall be
examined by their peers and not by an outside
agency in order to maintain independence of
judiciary. Inquiry can also be initiated against sitting
CJI or sitting Chief Justice of HC.
• If the case is found to hold merit, then a 3 Member
Committee is to be constituted comprising of SC
Judges and shall hold inquiry into the allegations.
Such an inquiry shall be in the nature of ‘fact finding
inquiry’ where the Judge concerned will be entitled to
appear and have his/her say.
• Such an enquiry will not be a judicial enquiry
involving examination and cross-examination of
witnesses and representation by lawyers.
• The committee can devise their own rules and
procedures consistent with principles of natural
justice. Based on the inquiry, the Committee can file
three kinds of reports:
1. That there is no substance in the allegations filed
by complainant.
2. That there is sufficient substance in the
allegation of misconduct and such substance is so
serious as to initiate proceedings for removal of
Judge.
63

3. There is substance in the allegation but the
misconduct disclosed is not of such a serious
nature as to initiate removal proceedings.
WHAT HAPPENS IF CHARGES INVESTIGATED ARE
PROVED?
• If the committee finds substance in the charges, it can
give two kinds of recommendations –
1. That the misconduct is serious enough to require
removal from office, or
2. That it is not serious enough to warrant removal.
• In the first case of removal - the judge concerned will
be urged to resign or seek voluntary retirement. If the
judge is unwilling to quit, the Chief Justice of the High
Court concerned would be asked to withdraw judicial
work from him. The President and the Prime Minister
will be informed about the situation.
• This is expected to clear the way for Parliament to
begin the process of impeachment under the Judges
Inquiry Act, 1968. If the misconduct does not warrant
removal, the judge would be advised accordingly.
REMOVAL PROCESS OF JUDGE OF HC/SC UNDER THE
JUDGES INQUIRY ACT, 1968
• Purpose of the Act - The Act provides for the
procedure to investigate proof of misbehaviour or
incapacity of a judge of SC or HC and for the
presentation of an address by Parliament to the
President for his removal.
• Investigation by a Committee - A Committee shall
be formed to investigate into misbehaviour or
incapacity of a Judge if notice is given which is signed
by: (a) Not less than 100 members in the House of the
People or (b) Not less than 50 members in the Council
of States -- for presenting an address to the President
praying for the removal of a Judge.
• Discretion of Speaker/Chairman - after considering
such materials. Speaker/Chairman may either admit
the motion for removal or refuse to initiate removal
process.
• When Motion for Removal is Accepted –
Speaker/Chairman shall constitute an investigating
committee to investigate the grounds on which the
removal of any Judge has been prayed.
• 3 Members of Committee – It shall comprise of 1
Judge from SC, 1 Chief Justice from HC and 1 Eminent
Jurists.
• Powers of Committee – It shall have the powers of a
civil court and can summon and enforce the
attendance of any person and examining him on
oath; Requiring the discovery and production of
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documents; Receiving evidence on oath and Examine
witnesses or documents. On allegations of physical or
mental incapacity, the Committee can arrange for a
medical examination of the Judge by a Medical Board
appointed by the Speaker or Chairman.
• Report of Committee to be laid in both Houses of
Parliament
• Report may find the Judge GUILTY or Not Guilty – If
found guilty, the judge shall be removed by a majority
of the total membership of the House and by a
majority of not less than two-thirds of the members
of the House present and voting in both Houses of
Parliament.
IMPORTANT FACTS
• The procedure to remove Supreme Court Judge
was exercised for the first time in 1991 when 108
members of Ninth Lok Sabha submitted a notice to
the Speaker of Lok Sabha for removal of Justice
Ramaswami of the Supreme Court.
• Justice Ramaswami was charged of financial
irregularities while he was the Chief Justice of
Punjab and Haryana High Court.
• An Enquiry Committee was formed under The
Judges (Inquiry) Act, 1968. Before the committee
could present its report, Lok Sabha was dissolved.
• In the case of Sub-committee of Judicial
Accountability v. Union of India, the question arose
whether dissolution of Lok Sabha puts an end to
the motion for removal of the concerned Judge.
• Supreme Court held that motion for removal of a
Judge under Article 124 (4) does not lapse with the
dissolution of Lok Sabha.
• The report of the Committee was tabled in
Parliament in December 1992 and was debated in
Lok Sabha. A lawyer was also allowed to defend the
case of Justice Ramaswamy.
• However, the motion to remove Justice
Ramaswamy could not be passed by requisite
majority due to absence of certain members of
Parliament during the time of vote.
►COURT HEARINGS THROUGH
VIDEO CONFERENCING
In order to deter the spread of the virus, the Supreme
Court of India and the High Courts have taken action to
minimize the physical presence in courts throughout the
nation, and to ensure continued judicial dispensation.
The Supreme Court has provided a Standard Operating
64

Protocol for the filing and listing of urgent matters and
the execution of videoconferencing hearings to resolve
the lockout. The latest guidelines issued by the Supreme
Court is by the virtue of Article 142 of the Constitution
which lays down that the law declared by the Supreme
Court shall become the law of land. Autonomy was also
given to the High Court to alter the guidelines as per
their needs. In this aspect, implementation of E-Court
Mission Mode Project will further improve
administration of justice with the use of technology.
E-COURT MISSION MODE PROJECT
The E-Courts Mission Mode Project (Phase I 2010-15;
Phase II 2015-19) is a national e - Governance project
for ICT enablement of district and subordinate courts
of the country. The major objectives of the Project
are–
• To make whole judicial system ICT enabled by
putting in place adequate and modern hardware
and connectivity;
• Automation of workflow management in all courts;
• Electronic movement of records from taluka/trial to
appeal courts;
• Installation of video conferencing (VC) facility and
recording of witness through Video Conferencing;
connecting all courts in the country to the National
Judicial Data Grid (NJDG) through WAN and
additional redundant connectivity;
• Citizen centric facilities such as electronic filing, e-
payment and use of mobile applications in all
courts;
• Touch screen based kiosks in each court complex,
full computerisation of State and district level
judicial and service academies and centres.
HOW WILL THE VIRTUAL COURT FUNCTION?
• Virtual Court is a concept aimed at eliminating
presence of litigant or lawyer in the court and
adjudication of the case online.
• In the current scenario of lockdown, virtual court
facility allows litigants to electronically file their case
through e-Filing and also allows online payment of
Court fees. Litigant can also view the status of their
case online through various channels created for
service delivery.
• Supreme Court has allowed short category matters,
Death penalty matters and matters related to family
law which are ready may be listed for hearing through
video conferencing mode. However, this will be
subject to availability of the concerned Bench and
prior approval of Chief Justice of India.
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JUDICIARY RELATED ISSUES
ADVANTAGE OF HAVING VIRTUAL COURTS IN INDIA
• More Efficient - As litigants and lawyers need not
travel to respective High Court or Supreme Court for
personal appearance.
• Improve Digital Infrastructure - National
Informatics Centre (NIC) has been asked to set up
modalities to conduct virtual court proceedings in
High Courts and District Courts.
• Reduce footfall in Courts and will overall help in
maintaining social distancing norms.
• Reduced Conflicts in Courts
DISADVANTAGE IN CONDUCTING VIRTUAL COURT
PROCEEDINGS
• Difficult to present the case – Using Video
Conferencing undermines the capacity of attorneys
and clients to connect and this hampers in overall
arguments done virtually.
• Difficult to conduct arguments in criminal cases
due to absence of face to face confrontation with the
witnesses and the accused. This may hamper the final
judgment specially in cases where an accused has
been framed as virtual testimony may not reveal any
torture if done by the police.
• Privacy Concerns - Virtual courts also make it difficult
for attorneys and clients to engage in privileged
communication during hearings.
• Lack of proper digital infrastructure for litigants
residing in remote areas or rural areas – as litigants
might be hampered by bad equipment, weak internet
connections or inexperience in using video cameras
and lighting.
• Addressing Digital Divide - Especially for the
vulnerable sections of the population as lack of digital
understanding in virtual court rooms might hamper
the court outcomes in case such persons are key
witness in cases of serious crimes.
• Chances of Fraud – there can be security
vulnerabilities in transferring sensitive files which can
be hacked. Even manipulation of evidence using
technology might derail any sensitive case.
CONCLUSION
Despite challenges in using technology in court
proceedings, the idea of E-Court should be followed and
digital infrastructure must be improved in High Courts
and District Courts. Improvement in digital infrastructure
will also help to maintain social distancing norms.
65

►FREE LEGAL AID TO THE POOR
THROUGH LOK ADALAT
The introduction of Lok Adalats through Legal Services
Authorities Act, 1987 provides justice to the vulnerable
sections and has provided an alternative forum to settle
disputes. This system is based on Gandhian principles as
it promotes justice on the basis of equal opportunity by
providing free legal aid as per Article 39A of the Indian
Constitution.
ABOUT LEGAL SERVICES AUTHORITY ACT, 1987
• Constitutes Legal Services Authorities at National
and respective State level to provide free and
competent legal services to the weaker sections of the
society.
• Provides Opportunities to Secure Justice – to
citizens despite economic or other disabilities.
• Organises Lok Adalats and other Alternate
Dispute Resolution mechanisms - to provide
quick, inexpensive and effective resolution of disputes
and promote justice on a basis of equal opportunity
as per Article 14.
• Minimises Load on Regular Courts by settling
disputes at ground level.
• The Act authorises the formation of Supreme
Court Legal Services Committee, High Court Legal
Services Committee and Taluk Legal Services
Committee.
FUNCTIONS OF NATIONAL LEGAL SERVICES
AUTHORITY
• Frames effective and economical schemes - to
make legal services available to the weaker sections
of the society.
• Take necessary steps towards Social Justice
Litigation - consumer protection, environmental
protection or any other matter of concern to the
weaker sections of the society.
• Train Social workers in Legal Skills for promotion of
justice.
• Undertake and Promote Research in the field of
legal services with special reference to the need for
such services among the poor.
• Monitor and Evaluate implementation of the legal
aid programmes and schemes at periodic intervals
and also provide for their independent evaluation.
• Provides Grants-in-aid for specific schemes to
various voluntary social service institutions and the
State and District Authorities.
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• Develop Programmes for Clinical Legal Education
with the help of Bar Council of India and promote
guidance and supervise the establishment and
working of legal services clinics in universities, law
colleges and other institutions.
• Enlist Support of Voluntary Social Welfare
Institutions working at the grass-root level,
particularly among the Scheduled Castes and the
Scheduled Tribes, women and rural and urban labour.
• Co-ordinate and monitor the functioning of State
Authorities, District Authorities, Supreme Court Legal
Services Committee, High Court Legal Services
Committees, Taluk Legal Services Committees,
voluntary social service institutions and other legal
services organisations.
LEGAL SERVICES & FREE LEGAL AID
• As per Legal Services Authorities Act, “legal services”
includes any service in the conduct of any case or
other legal proceeding before any court or other
authority or tribunal and the giving of advice on any
legal matter.
• Free legal aid is the provision of free legal services in
civil and criminal matters for those poor and
marginalized people who cannot afford the services
of a lawyer for the conduct of a case or a legal
proceeding in any Court, Tribunal or Authority.
• These services are governed by Legal Services
Authorities Act, 1987 and headed by the National
Legal Services Authority (NALSA).
• Provision of free legal aid may include:
ο Representation by an Advocate in legal
proceedings.
ο Payment of process fees, expenses of witnesses
and all other charges payable or incurred in
connection with any legal proceedings in
appropriate cases.
ο Preparation of pleadings, memo of appeal, paper
book including printing and translation of
documents in legal proceedings.
ο Drafting of legal documents, special leave petition
etc.
ο Supply of certified copies of judgments, orders,
notes of evidence and other documents in legal
proceedings.
ο Free Legal Services also include provision of aid
and advice to the beneficiaries to access the
benefits under the welfare statutes and schemes
framed by the Central Government or the State
Government and to ensure access to justice in any
66
 JUDICIARY RELATED ISSUES
other manner. CRITERIA FOR TAKING FREE LEGAL SERVICES UNDER
LOK ADALATS LEGAL SERVICES AUTHORITIES ACT

• Every State Authority or District Authority or Supreme • Every person who has to file or defend a case shall be
Court Legal Services Committee or every High Court entitled to legal services under this Act if that person
Legal Services Committee or, Taluk Legal Services is
Committee may organise Lok Adalats. a) a member of a Scheduled Caste or Scheduled Tribe
• Every Lok Adalat organised for an area shall consist of b) a victim of trafficking in human beings or begar as
such number of serving or retired judicial officers and referred to in article 23 of the Constitution
other members as may be prescribed by any of the c) a woman or a child
respective Authorities.
d) a person with disability
• A Lok Adalat shall have jurisdiction to determine and
e) a person under circumstances of underserved
to arrive at a compromise or settlement between the
want such as being a victim of a mass disaster,
parties to a dispute in respect of
ethnic, violence, caste atrocity, flood, drought,
a) any case pending before or earthquake or industrial disaster
b) any matter which is falling within the jurisdiction of, f) an industrial workman
and is not brought before, any Court for which the
g) A mentally ill or otherwise disabled person
Lok Adalat is organised
h) in custody, including custody in a protective home
• Lok Adalat shall have no jurisdiction in respect of any
or in a juvenile home or in a psychiatric hospital or
case or matter relating to an offence not
psychiatric nursing home
compoundable under any law.
i) Rules also provide for a minimum annual income
• Non-compoundable cases are serious criminal cases
which may be different for different states or union
which cannot be quashed and compromise is not
territories. For eg: minimum income limit for
allowed between the parties. It is always registered in
Arunachal Pradesh is Rs. 1 lakh, for Bihar it is 1.5
the name of state. Eg. State of Karnataka vs XYZD.
Lakhs but for Andhra Pradesh or Assam it is Rs. 3
• Under a Non-Compoundable offense, full trail is held lakhs.
which ends with the acquittal or conviction of the
PERMANENT LOK ADALAT
offender, based on the evidence presented in a Court
of Law. • Permanent Lok Adalat (PLA) is organized under
Section 22-B of The Legal Services Authorities Act,
FUNCTIONS OF LOK ADALAT
1987.
• Lok Adalat while hearing a case can summon and
• PLA has a Chairman and two members to provide
enforce the attendance of any witness and examine
compulsory pre-litigative mechanism for conciliation
him/her on oath, can make discovery of documents,
and settlement of cases relating to Public Utility
can receive evidence, can ask for requisitioning of any
Services like transport, postal, telegraph etc.
public record or document or copy of such record or
document from any court or office. • Here, even if the parties fail to reach to a settlement,
the Permanent Lok Adalat gets jurisdiction to
• Lok Adalat can specify its own procedure for the
decide the dispute, provided, the dispute does not
determination of any dispute. All the proceedings
relate to any offence.
before a Lok Adalat shall be deemed to be judicial
proceedings. • The Award of the Permanent Lok Adalat is final and
binding on all the parties. The jurisdiction of the
AWARDS OF LOK ADALAT
Permanent Lok Adalats is upto Rs. 1 Crore.
• Every award of the Lok Adalat shall be deemed to be
• The Lok Adalat may conduct the proceedings in such
a decree of a civil court or an order of any other court
a manner as it considers appropriate, taking into
and where a compromise or settlement has been
account the circumstances of the case, wishes of the
arrived at.
parties like requests to hear oral statements, speedy
• Every award made by a Lok Adalat shall be final and settlement of dispute etc.
binding on all the parties to the dispute, and no
appeal shall lie to any court against the award.

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DEMERITS OF USE OF LOK ADALATS
• No right to appeal from judgments of Lok Adalat goes
against judicial norms as right to appeal is one of the
most basic features of any sound legal system.
• Lok Adalat passes awards only when both sides agree
to settle their dispute and this also prevents both
parties from appealing against the judgment. Settling
an award based on compromise might not be in the
best interest of justice.
• Discretion provided to Permanent Lok Adalat may not
be useful in solving disputes of public at ground level.
VISION 2020 DOCUMENT OF NALSA
The Executive chairman of the National Legal Services
Authority of India (NALSA), underscored the need for
giving legal assistance to the marginalised as early as
when a person is called to a police station on
suspicion. Justice Ramana, nominated as the NALSA
executive chairman with effect from November 27 has
issued a vision document for NALSA for 2020.
• The plans outlined by him include a novel ‘Legal Aid
Defence Counsel System’ which will engage lawyers
on full-time basis, an online portal for centralising
information about prisoners, providing legal
assistance to the needy at pre-arrest, arrest and
remand stages and convening of legal services
clinic in jails.
• He further highlighted the need to establish a
“target-oriented mechanism”, wherein resources
can be invested after identifying specific problem
areas.
• On hindrance to legal aid, Justice Ramana
mentioned
• Focussing on the need for ‘Legal Aid Defence
Counsel System’, Justice Ramana said that one of
the biggest problems hindering the success of legal
aid was the lack of continuity, focus and
accountability.
• Provision for legal aid can be arranged by assigning
the cases from the beginning to advocates whose
sole attention will be on legal aid cases, and whose
performance will therefore be more effectively
reviewed.
• The project on ‘Legal Aid Defence Counsel System’
will be implemented in sixteen districts across the
country on a pilot basis for two years.
• The online portal project is intended at creating a
unified platform to integrate data about legal
services provided to prisoners at all levels.
• NALSA also plans to establish a specialised wing to
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provide fast action to persons affected by cyber
offences, a “victim assistance mechanism” to
protect the victim in cases where the police are
“negligent, non-responsive and partisan” in taking
action on the grievances of a complainant.
►EXECUTIVE DOMINANCE IN
TRIBUNALS IN INDIA
Supreme Court in the case of Rojer Mathew vs South
Indian Bank and Others declared The Tribunal, Appellate
Tribunal and other Authorities (Qualification, Experience
and other Conditions of Service of Members) Rules, 2017
as unconstitutional for being violative of principles of
independence of judiciary. SC directed the Central
government to reformulate the rules strictly in
accordance with principles provided by the Court in its
earlier decisions. The reframed rules notified by the
Ministry of Finance suffer from the same problems.
ROJER MATHEW VS SOUTH INDIAN BANK AND
OTHERS – NOVEMBER, 2019
• Section 184 of Finance Act, 2017 - SC upheld the
power of central government under Section 184 to
frame rules for appointment and service conditions of
members of various tribunals.
• However, SC struck down the earlier Rules framed by
the Central Government under Section 184 and
directed the government to frame new rules.
• Accordingly the Finance Ministry notified new Rules -
'Tribunal, Appellate Tribunal and other Authorities
(Qualifications, Experience and other Conditions of
Service of Members) Rules, 2020.
WHAT WERE THE PROBLEMS IN 2017 RULES FOR
APPOINTING MEMBERS FOR VARIOUS TRIBUNALS?
• Use of Finance Act to amend rules relating to
Tribunals - With the help of Finance Act 2017, 26
Central laws were amended and power to prescribe
eligibility criteria, selection process, removal, salaries,
tenure and other service conditions pertaining to
members of 19 tribunals were sub-delegated to the
rule-making powers of the Central government.
• Keeping Judiciary Away by Executive - The Supreme
Court held that search-cum-selection-committee to
appoint members of tribunals was an attempt to keep
the judiciary away from the process of selection and
appointment of members, vice-chairman and
chairman of tribunals.
• Executive as litigating party - The Court also held
that Executive is a litigating party in most of the cases
which appears before the Tribunal and hence cannot
68

be allowed to be a dominant participant in tribunal
appointments.
• Members of Tribunals mostly from Central
Government - The Court observed that apart from
National Company Law Tribunal (NCLAT), the
selection committee for all other tribunals was made
up either entirely from personnel within or
nominated by the Central government or comprised a
majority of personnel from the Central government.
• Most Selection Committee having only one Judge -
While the selection committee for NCLAT consisted of
two judges and two secretaries to the Government of
India, all other selection committees comprised only
one judge and three secretaries to the Government of
India.
• Single Judge even as per 2020 Rules - Now the 2020
Rules of Finance Ministry provides for uniformity
whereby all committees shall consist of Judge and two
Secretaries to the Government of India.
MADRAS BAR ASSOCIATION SERIES CASE –
INDEPENDENCE OF TRIBUNAL
• Constitution Bench dealing with the validity and
appointment of members to the National Company
Law Tribunal (NCLT) under the Companies Act, 1956,
held that the selection committee should comprise:
ο Chief Justice of India or his nominee (as
chairperson, with a casting vote),
ο A senior Judge of the Supreme Court or Chief
Justice of the High Court, and
ο Two Secretaries in the Ministry of Finance and
Ministry of Law and Justice respectively.
• Subsequent Constitution Bench decisions in Madras
Bar Association (2014), Rojer Mathew (2019) Madras
High Court ruling in Shamnad Basheer have repeatedly
held that principles of the Madras Bar Association
(2010) are applicable to the selection process and
constitution of all tribunals in India.
THE PROBLEM WITH 2020 RULES FOR TRIBUNALS
• Denial of Equality - The judiciary does not have an
equal say as there is only one judicial member and
two executive members.
• Executive Not to have upper hand - The Court in
Madras Bar Association series case (2010) ordered that
at least 2 members of judiciary should be a part of the
four-member selection committee. This will not allow
executive’s dominance over judiciary in appointment
of members to tribunals.
• Executive Dominance violates Separation of
Power – The trend of bureaucratisation of Search-
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cum-Selection Committee and under-representation
from judicial fraternity forced the Court to say that
such practice is in direct contravention of the doctrine
of separation of powers and is also an encroachment
on the judicial domain.
• Example - Central Administrtative Tribunal – Let us
understand this through an example. As per the 2017
Rules, the Search Cum Selection Committee for the
appointment of judicial member of CAT comprised
five persons:
1. CJI or CJI's nominee – Chairperson
2. CAT Chairperson - Member.
3. Secretary to the Government of India, Dept of
Personnel and Training.
4. Secretary to the Government of India, Ministry of
Law and Justice
5. One expert nominated by the Central Government.
(1 Judicial Member and 4 Member appointed by Central
Government)
PROBLEMS IN NEW COMPOSITION OF SEARCH-CUM-
SELECT COMMITTEE
• After 2020 Rules, except for the omission of the
expert nominee, nothing has changed with respect to
the composition of the Search cum Selection
Committee for CAT. The new composition is as
follows:
1. CJI or CJI's nominee.
2. CAT Chairperson.
3. Secretary to the Government of India, Dept of
Personnel and Training.
4. Secretary to the Government of India, Ministry of
Law and Justice.
(One Judicial Member and 3 Member appointed by
Central Government)
• Judiciary is not equally represented in the new
Rules
• Non-Judicial Member can become President
Chairman or Chairperson - This makes Supreme
Court Judge a minority in selection committee as even
members are from executive branch of the
government.
CRITICAL ANALYSIS OF THE NEW RULES
• Against SC Judgment in Madras Bar Association
Case Series -The Court explicitly held that only judges
and advocates can be considered for appointment as
judicial member of the tribunal and persons from the
Indian Legal Service cannot be considered for
appointment as judicial member.
69

• Earlier Example of GSTAT - In 2019 in Revenue Bar
Association case, Madras High Court, while dealing
with selection and composition of the Goods and
Services Tax Appellate Tribunal (GSTAT), declared
Section 110(1)(b)(iii) of the CGST Act, 2017 as
unconstitutional for allowing members of Indian Legal
Service to be judicial members in GSTAT.
• Term of Office for 4 years violates Supreme Court
Judgment and must be increased to 5 or 7 years as
per Madras Bar Association (2010) judgment -
Based on this ruling, SC in Rojer Mathew judgment
held that the term of three years is too short, and by
the time members achieve a refined knowledge,
expertise and efficiency, one term will be over.
• Divesting Court of their powers by constituting
more Tribunals – This will allow the executive to
appoint favourable Chairpersons for such Tribunals
who will function then as the limbs of the
government.
• Providing 25 years of experience for Senior
Advocates to be appointed AS Members in the
Tribunal goes against constitutional principles – as
a senior advocate who has more than 10 years of
practice at High Court or Supreme Court can become
Judge of SC.
WAY FORWARD
• Central Government must follow Supreme Court
Judgments in Roger Mathews and Madras Bar
Association series and should accordingly provide
equality of space to judicial members in search-cum-
selection committee and in composition of various
Tribunals.
• Senior Advocates of Supreme Court can be appointed
in search-cum-selection committee as judicial
members of Tribunals.
• Since government is a litigating party in most cases,
hence executive dominance must be reduced in
Tribunals in India.
• Specialisation of subjects must be considered as
important criteria for members of executive to be
appointed as members of respective Tribunal. Expert
knowledge in respective field will help in solving
critical and complex issues.
►ANURADHA BHASIN V UNION OF
INDIA
In the case of Anuradha Bhasin v Union of India &
Others and Ghulam Nabi Azad v Union of India &
Others, Supreme Court has declared that the
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fundamental right to freedom of speech and expression
and the right to carry on trade or business using the
Internet are constitutionally protected. This judgment
came in the backdrop of the five-month-long Internet
shutdown in Kashmir. Let us understand the important
highlights of this judgment along with rules providing for
Internet Shutdown.
HIGHLIGHTS OF THE JUDGMENT
• Freedom of speech and expression through the
medium of internet is a fundamental right under
Article 19(1)(a) of the Constitution. The restrictions
on internet have to follow the principles of
proportionality under Article 19(2).
• Freedom of trade and commerce through internet
is also a constitutionally protected right under
Article 19(1)(g).
• Suspension of internet for indefinite period not
permissible. It can only be for a reasonable
duration and periodic review should be done.
• Government should publish all orders of
prohibition to enable affected persons to challenge
the same.
• Prohibitory orders under Section 144 Cr.PC cannot
be imposed to suppress legitimate expression of
opinion or grievance or exercise of any democratic
rights.
• Section 144 Cr.PC orders can be imposed when
there is apprehension of danger but such danger
must be in the nature of an "emergency".
• While passing orders under Section 144 Cr.PC,
Magistrate has to balance interests of individual
rights and concerns of state.
• The orders under Section 144 Cr.PC should state
material facts to enable judicial review. The power
should be exercised in a reasonable and bona fide
manner.
►REVIEW OF SABARIMALA
JUDGMENT
In 2018, Five Judge Constitution Bench of Supreme Court
in a majority of 4:1 had held that the Sabarimala
Temple’s practice of barring entry to women between
the ages of ten and fifty was unconstitutional and
accordingly allowed entry of women of all ages to enter
the Lord Ayyappa Temple at Sabarimala in the state of
Kerala. The case represented a conflict between the
rights of the temple authorities in enforcing the
presiding Deity’s strict celibate status and the
70

fundamental rights of the women to offer worship.
Considering this conflict, a review petition was filed
before Supreme Court whereby the apex Court has
referred the judgment to a larger bench for an
authoritative pronouncement by a majority of 3:2.
IMPORTANCE OF THE REVIEW JUDGMENT
• In the review judgment, Supreme Court has validated
the ban on entry of women in the age group of 10 to
50 in the temple. The order, passed by a narrow
majority of three judges, with two dissenting means
that the issue will be kept pending until there is clarity
on the nature of religious rights by a larger seven
judge bench.
• Former Chief Justice Gogoi, delivered the majority
judgment along with Justices A.M. Khanwilkar and
Indu Malhotra, who framed a series of questions
for the larger Bench. These Question which needs
to be decided are:
ο Whether a court can probe if a practice is essential
to a religion or should the question be left to the
respective religious head?
ο Should “essential religious practices” be afforded
constitutional protection under Article 26 (freedom
to manage religious affairs)?
ο What is the “permissible extent” of judicial
recognition a court should give to PILs filed by
people who do not belong to the religion of which
practices are under the scanner?
MINORITY JUDGMENT IN SABARIMALA REVIEW
• Justices Rohington F. Nariman and D.Y. Chandrachud,
however, dissented from the majority judgment and
dismissed the majority decision of a reference to a
larger Bench.
• According to Justice Nariman, the judgment of a five-
judge Constitution Bench was the last word on the
interpretation of the Constitution and needs no
further interpretation.
REVIEW JUDGMENT HAS REVIVED THE OLD DEBATE –
RIGHT VERSUS RELIGIOUS PRACTICE
• The verdict delivered by CJI has revived the debate
whether an individual’s right to worship can outweigh
a religious group’s right to manage the affairs of its
religion.
• An issue which was resolved by the previous
judgment on Sabarimala has been revived again by
formulating fresh questions on the interplay between
religious freedom and other fundamental rights,
especially the right to equality.
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JUDICIARY RELATED ISSUES
ABOUT RELIGION, ITS PRACTICES AND ITS
REGULATION
• Constitutional Guarantee under Article 25(1) - A
religion may not only lay down code of ethical rules
for its followers to accept, but may also prescribe
rituals and observances, ceremonies and modes of
worship which are regarded as an integral part of that
religion. These forms and observances might extend
even to matters of food and dress. So, constitutional
guarantee regarding freedom of religion contained in
Article 25(1) extends even to rites, ceremonies
associated with a religion.
• State empowered to Regulate Secular or Religious
Practices - Article 25(2)(a) states that state can make
law to regulate or restrict any economic, financial,
political or other secular activity which may be
associated with religious practice. However, the
question remains whether the activity to be regulated
is ‘Secular’ or ‘Religious’ as state can only regulate
secular activities associated with religion and not
religious activities themselves.
• For example, in the case of Tilkayat, Supreme Court
held that right to manage the properties of a temple
was a purely secular matter and could not be
regarded as a religious practice under Article 25(1) or
as amounting to “matters of religion” under Article
26(b).
• The term ‘Matters of Religion’ used in Article 26(b)
is synonymous with the term religion as used in
Article 25(1). It thus includes religious beliefs but also
such religious practices and rites as are regarded to
be an essential and integral part of religion.
FREEDOM TO MANAGE RELIGIOUS AFFAIRS
• Article 26 gives special protection to religious
denomination. Article 26 mentions that every
religious denomination or a section thereof has the
right –
(a) To establish and maintain institutions for religious
and charitable purposes
(b) To manage its own affairs in matter of religion
(c) To own and acquire movable and immovable
property
(d) To administer such property in accordance with
law
• However, this right is subject to public order, morality
and health.
• While Article 25 confers the particular rights on all
persons, Article 26 is confined to religious
denominations or any section of denominations. So,
71

we can say that Article 26 guarantees collective
freedom of religion.
RELIGIOUS DENOMINATION
• The term religious denomination in Article 26 means
a religious sect having a common faith and
organisation and designated by a distinctive name.
The word religious denomination takes their root
from the word ‘religion’.
• Therefore, in case of denomination, there must be a
common faith of the community based on religion,
and the community members must have a common
religious tenets peculiar to themselves.
• To form a religious denomination, three conditions
must be fulfilled:
1. It is a collection of individuals who have a system of
beliefs which they regard as conducive to their
spiritual well being,
2. They have a common organisation &
3. Collection of these individuals has a distinctive
name
• Such religious denomination have a fundamental
right to establish and maintain institutions for
charitable purpose under Article 26(a) of the
constitution subject to public order, morality and
health.
►AYODHYA JUDGMENT –
SETTLING THE DISPUTE
In a landmark unanimous judgment, Five Judge Bench of
the Supreme Court held that possession of the disputed
2.77 acre land rights will be handed over to the deity
Ram Lalla and directed the Centre to allot another five
acre plot to the Sunni Waqf Board for building a mosque
at a different place. Thus, this unanimous judgment has
cleared the way for the construction of a Ram Temple at
the disputed site at Ayodhya. Supreme Court of India in
its judgment highlighted that its decision was based on
evidence provided both sides including evidence
provided by Archeological Survey of India about the
disputed site and gave its decision as per the evidence
received. However, some of the critics view this
judgment as victory of faith over facts. Nonetheless, this
judgment has clearly ended one of the most contentious
issues pertaining to construction of Ram Temple at the
disputed site in Ayodhya. In this analysis, let us
understand this judgment from the perspective of social
harmony, ethos and secular identity of India with respect
to fundamental freedom of right to religion as
guaranteed by the Indian Constitution.
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EVIDENCE V FAITH
• Adjudication based on Evidence - Supreme Court
held that the matter relates to immovable property
and therefore it has adjudicated the claims in the title
dispute purely on the basis of evidence and not on
the basis of faith or belief.
• Sources of Evidence - Considering the evidence from
various sources including Archaeological Survey of
India (ASI) textual sources such as Ram Charitra
Manas, Ain-e-Akbari etc. Supreme Court held that the
claim of the Hindu plaintiffs to the disputed property
stands on a better footing than the evidence
produced by the Muslim plaintiffs.
• Formation of Trust - Supreme Court also asked the
Central Government to form a Trust which shall
undertake the construction of the temple under the
supervision of Central Government.
REMEDYING A WRONG
• Supreme Court highlighted that the desecration of
the mosque in 1949 and its demolition in 1992
amounted to dispossessing the Muslims of the
mosque and should not have occurred in a secular
nation like India.
• Thus in order to remedy this wrong and justice to
prevail the Supreme Court in pursuance of its powers
under Article 142 has allotted an alternative site of 5
acres in a prominent place in Ayodhya for the
construction of mosque.
• This land shall be allotted either by:
(a) The Central Government out of the land acquired
under the Ayodhya Act 1993; or
(b) The State Government at a suitable prominent
place in Ayodhya;
SUPREME COURT UPHOLDING SECULAR ETHOS
• In a multi-cultural country like India in which multiple
strands of history, ideology and religion can compete,
it is the law that determines the limits or boundaries.
• By treating the case as a title dispute and giving
prominence to evidence the court has clearly
preserved a sense of balance.
• The verdict is not a victory to any community or
religious denomination and it is the law that is the
edifice upon which a secular society like ours rests.
• As a result by adjudicating the case purely on the
basis of law and evidence and correcting the historical
wrong, Supreme Court has reaffirmed that it is the
values of tolerance and mutual co-existence that
nourish the secular ethos that is not only a part of
72

basic structure of our constitution but also an
inseparable feature of pluralistic society we live in.
APPLICATION OF ARTICLE 142
• Under Article 142, the Supreme Court may pass such
decree or make such order as is necessary for doing
complete justice.
• Accordingly taking note of the injustice done to
Muslims through dispossession of the mosque, the SC
has provided for an alternative site of 5 acre for
construction of mosque.
• Thus the Court by admitting to the wrong committed
it reiterated that the beliefs of one citizen does not
interfere with or dominate the freedoms and beliefs
of another which is in accordance with the spirit of
Secular ethos of our constitution.
POSITIVES OF THE JUDGMENT
• Good for social harmony - The allocation of the title
to a trust to be formed by the Centre and not to
Hindu Plaintiffs is good for social harmony as the
judgment is not a sign of victory for any community.
• Unanimity in the bench - Unanimity of decision in
the bench reflects the intention of the judiciary to end
the dispute that has been a divisive issue for long.
• Condemning of wrong - The court has done well in
unequivocally condemning the incidents of
desecration of mosque in 1949 and its demolition in
1992.
NEGATIVES OF THE JUDGMENT
• Lack of recognition of religious rights - While the
apex court recognised the wrong inflicted upon the
Muslim community and granted compensation by
way of allotting an alternate land of 5 acre, this is
more of a moral compensation than recognition of
religious rights. This is due to the fact that the court
observes that namaz was being offered between 1857
and 1949 but offers no relief of restoring their
religious rights.
• Judgment not in line with the principle adopted -
The court clearly spells out that the civil suits like title
dispute shall be adjudicated only on the basis of
evidence and the award of title is based on 'balance
of probabilities'. However, while adhering to the
principle of probability, it excluded the right of
Muslims on inner courtyard to offer namaz in the
erstwhile Babri Mosque.
• Review of the Judgment Possible by a Larger
Bench
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►NAVTEJ JOHAR V UNION OF
INDIA
IMPORTANT HIGHLIGHTS
• The Supreme Court observed that while testing the
constitutional validity of section 377 of IPC, the idea of
privacy as part of fundamental rights of life and
personal liberty must be understood.
• The Court observed that autonomy is individualistic
and it is expressive of self-determination and such
self-determination includes sexual orientation and
declaration of sexual identity.
• The Nine Judge Bench in privacy case has held that
sexual orientation is also a facet of a person's privacy
and that the right to privacy is a fundamental right
under the Constitution of India.
• Right to privacy is implicit in the right to life and
liberty guaranteed to the citizens of this country by
Article 21 and it is a "right to be let alone", for a citizen
has a right to safeguard the privacy of his/her own,
his/her family, marriage, procreation, motherhood,
child-bearing and education, among other matters.
• It is in this aspect that LGBT community has a right to
realisation of its basic right to companionship, so long
as such a companionship is consensual, free from the
vice of deceit, force, coercion and does not result in
violation of the fundamental rights of others.
• The Court held that even if the percentage of LGBT
community is less, their right to privacy must be
protected. Thus, in this aspect, the Court found
section 377 of IPC violative of their fundamental rights
including that of privacy.
• Section 377 amounts to an unreasonable restriction,
for public decency and morality cannot be amplified
beyond a rational or logical limit and cannot be
accepted as reasonable grounds for curbing the
fundamental rights of freedom of expression and
choice of the LGBT community.
• Consensual carnal intercourse among adults, be it
homosexual or heterosexual, in private space, does
not in any way harm the public decency or morality.
Therefore, Section 377 IPC in its present form violates
Article 19(1)(a) of the Constitution.
• The Court distinguished between consensual and
non-consensual sexual activity between individuals.
The Court held that so far as section 377 penalised
any consensual sexual activity between two adults, be
it homosexuals (man and a man), heterosexuals (man
and a woman) and lesbians (woman and a woman),
cannot be regarded as constitutional.
73

• However, the Court held that part of section 377 as
constitutional and valid which penalises for the act of
bestiality and where any sexual activity between
individuals has resulted without due consent.
• Thus, in this aspect the Supreme Court has
overturned decision of the Delhi High Court in Naz
Foundation.
►PUTTASWAMY V UNION OF INDIA
Supreme Court in Justice K.S. Puttaswamy (Retd) vs Union
Of India has ruled Right to Privacy as an integral part of
Right to Life and Personal Liberty as guaranteed under
Article 21 of the Indian Constitution. The Court held that
these rights are recognised by the Constitution as
inhering in each individual as an intrinsic and
inseparable part of the human element which dwells
within. However, right to privacy is not absolute and
state can make law to restrict right to privacy. A law on
invasion of life or personal liberty must meet the three-
fold requirement of
1. Legality, which postulates the existence of law i.e.
state action must have a legislative mandate
2. Need, defined in terms of a legitimate state aim i.e.
there must be a legitimate state purpose
3. Proportionality which ensures a rational nexus
between the objects and the means adopted to
achieve them.
SUPREME COURT’S JUDGMENT ON DIFFERENT
ASPECTS OF PRIVACY UNDER ARTICLE 21
• On Dignity - Life and personal liberty are inalienable
rights. These are rights which are inseparable from a
dignified human existence. The dignity of the
individual, equality between human beings and the
quest for liberty are the foundational pillars of the
Indian Constitution
• Natural Right - Life and personal liberty are not
creations of the Constitution. These rights are
recognised by the Constitution as inhering in each
individual as an intrinsic and inseparable part of the
human element which dwells within.
• Right to Life - Privacy is a constitutionally protected
right which emerges primarily from the guarantee of
life and personal liberty in Article 21 of the
Constitution. Elements of privacy also arise in varying
contexts from the other facets of freedom and dignity
recognised and guaranteed by the fundamental rights
contained in Part III.
• Layers of Privacy - Privacy is the constitutional core
of human dignity. Privacy has both a normative and
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descriptive function. At a normative level privacy sub-
serves those eternal values upon which the
guarantees of life, liberty and freedom are founded.
At a descriptive level, privacy postulates a bundle of
entitlements and interests which lie at the foundation
of ordered liberty.
• Right to be Left Alone - Privacy includes at its core
the preservation of personal intimacies, the sanctity
of family life, marriage, procreation, the home and
sexual orientation.
ο So, Privacy also connotes a right to be left
alone. Privacy safeguards individual autonomy and
recognises the ability of the individual to control
vital aspects of his or her life.
ο Personal choices governing a way of life are
intrinsic to privacy.
ο Privacy protects heterogeneity and recognises the
plurality and diversity of our culture.
ο While the legitimate expectation of privacy may
vary from the intimate zone to the private zone
and from the private to the public arenas, it is
important to underscore that privacy is not lost or
surrendered merely because the individual is in a
public place.
ο Privacy attaches to the person since it is an
essential facet of the dignity of the human being.
• Negative and Positive Aspect of Privacy - The
negative content of privacy restrains the state from
committing an intrusion upon the life and personal
liberty of a citizen. Its positive content imposes an
obligation on the state to take all necessary measures
to protect the privacy of the individual.
►SEPARATE HIGH COURT FOR
TELANGANA & ANDHRA PRADESH
After bifurcation of the State of Andhra Pradesh under
the Andhra Pradesh Reorganization Act, 2014, the High
Court was then renamed as High Court of Judicature at
Hyderabad for the State of Telangana and the State of
Andhra Pradesh and served as a common High Court for
both the states. Following a Supreme Court order,
President of India issued a notification to bifurcate the
High Court for Andhra Pradesh and Telangana. The High
Court of Telangana has its principal seat at Hyderabad
and High Court of Andhra Pradesh has its principal seat
at Amaravati.
ANDHRA PRADESH REORGANISATION ACT, 2014
• With the enactment of the Andhra Pradesh
Reorganisation Act, 2014, Andhra Pradesh was
74

bifurcated into two states - State of Andhra Pradesh
and State of Telangana.
• The Act, which had come into effect from June 2, 2014
has also a provision for separate High Courts for State
of Telangana and State of Andhra Pradesh.
• Section 30 of the Act provides that the High Court of
Judicature at Hyderabad shall be the common High
Court for the State of Telangana and the State of
Andhra Pradesh till a separate High Court for the
State of Andhra Pradesh is constituted under article
214 of the Constitution of India.
• So, accordingly the President of India has issued a
notification under Article 214 which provides that
there shall be a High Court for each State.
• Article 230 - Extension of jurisdiction of High
Courts to Union territories - Parliament may by law
extend the jurisdiction of a High Court to, or exclude
the jurisdiction of a High Court from, any Union
territory.
• Article 231 - Establishment of a common High
Court for two or more States - Parliament may by
law establish a common High Court for two or more
States or for two or more States and a Union territory.
►CRITICAL ANALYSIS OF CAPITAL
PUNISHMENT
Capital punishment (also known as the ‘death penalty’) is
the execution of a person by the state following a
judicial process. There are supposed to be three main
reasons for awarding death sentence:
• Mainly, the death sentence is awarded as retribution
for a heinous crime, usually involving killing
somebody. This concept is clearly reflected in the
“eye for an eye” concept of the medieval days.
Gandhi had this to say about it - “If we follow the
axiom an eye for an eye, we would all be blind”.
• Another reason is that the person is considered to be
so dangerous to society that the society will not be
safe if he is allowed to live.
• A third reason is that death sentence given to
criminals will act as a deterrent for others in the
society.
GEOGRAPHICAL VARIATIONS IN CAPITAL
PUNISHMENT
• The NCRB (National Crime Record Bureau) data
cited above also points to geographical variations.
When broken down by state, the rate of imposition of
death sentences as a percentage of the rate of
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convictions for murder for the period 2004-12, shows
significant disparity by state.
• Compared to the rest of the country, a murder convict
in Kerala is about twice as likely to get the death
sentence; a murder convict in Jharkhand is 2.4 times
as likely to get the death sentence compared to the
rest of the country. This number for Gujarat is 2.5
times, for West Bengal 3 times, for Karnataka 3.2
times, for Delhi 6 times, and for Jammu and Kashmir
6.8 times.
• Though Uttar Pradesh sends the most number of
persons to the death row, but as a proportion of the
conviction rate for murder, it is about par with the
national average. Karnataka was the second largest
contributor to the death row in this period, and its
death sentence rate was 3.2 times the national
average.
REASONS TO ABOLISH THE DEATH PENALTY
• Moral argument: There is a reasoned view that when
man cannot give life, he has no right to take away life.
Man should not interfere in god’s domain.
• Guidelines not defined: There are often no clear-cut
guidelines regarding whom to award death sentence.
As per Indian law, it has to be given in rarest of
rare cases. In practice, it is not defined what is
“rarest of the rare”. Courts act rather arbitrarily in
arriving at such decision.
• Court verdicts are not fool-proof: Innocents may be
given death penalty by the courts. Death sentence
given by a lower court may be dispended with by a
higher court. However, innocence may be discovered
after a long time. If the person has already been
hanged, he can’t be brought back to life even if
proved innocent.
• It does not deter crime: Countries who execute
commonly cite the death penalty as a way to deter
people from committing crime. This claim has been
repeatedly discredited, and there is no evidence that
the death penalty is any more effective in reducing
crime than life imprisonment.
• It is discriminatory. The weight of the death penalty
is disproportionally carried by those with less
advantaged socio-economic backgrounds or
belonging to a racial, ethnic or religious minority. This
includes having limited access to legal representation,
for example, or being at greater disadvantage in their
experience of the criminal justice system.
• Time consuming process: The death penalty is time-
consuming and expensive if there are extensive legal
75

processes, and so amounts to two punishments, a
long-term prison sentence and an execution.
LAW COMMISSION RECOMMENDATIONS ON DEATH
PENALTY
The commission made the following recommendations
• The Commission recommended various provisions
for police reforms, witness protection scheme and
victim compensation scheme.
• The Commission felt that time has come for India to
move towards abolition of the death penalty.
• The Commission recommended that the death
penalty be abolished for all crimes other than
terrorism related offences and waging war.
►COPARCENARY RIGHTS FOR
DAUGHTERS
In a significant judgment of Vineeta Sharma v Rakesh
Sharma, Three Judge Bench of Supreme Court has held that
a daughter will have a share after Hindu Succession
(Amendment) Act, 2005, irrespective of whether her father
was alive or not at the time of the amendment.
ABOUT COPARCENER
Coparcener is a person who has a birthright to parental
property. Earlier, as per Hindu Succession Act, 1955, only
son was considered as coparcener having birthright to
parental property and daughters did not have this right.
HINDU SUCCESSION (AMENDMENT) ACT, 2005
• The Hindu Succession (Amendment) Act, 2005
included daughters to be coparceners to parental
property in Joint Hindu Family. The Hindu Succession
th
Act, 2005 was signed by the President on 5
th
September, 2005 and came into effect on 9
September, 2005.
• The 174th Law Commission Report had also
recommended this reform in Hindu succession law.
Even before the 2005 amendment, Andhra Pradesh,
Karnataka, Maharashtra and Tamil Nadu had made
this change in the law, and Kerala had abolished the
Hindu Joint Family System in 1975.
THE 2005 AMENDMENT
Section 6 - Devolution of interest in coparcenary
property
(1) On and from the commencement of the Hindu
Succession (Amendment) Act, 2005, in a Joint Hindu
family governed by the Mitakshara law, the daughter
of a coparcener shall –
ο by birth become a coparcener in her own right
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the same manner as the son;
ο have the same rights in the coparcenery
property as she would have had if she had been
a son
ο be subject to the same liabilities in respect of the
said coparcenery property as that of a son
and any reference to a Hindu Mitakshara coparcener
shall be deemed to include a reference to a daughter
of a coparcener.
BACKDROP TO THE PRESENT JUDGMENT
• While the 2005 law granted equal rights to women,
questions were raised in multiple cases on whether
the law applied retrospectively, and if the rights of
women depended on the living status of the father
through whom they would inherit.
• Different benches of the Supreme Court had taken
conflicting views on the issue. Different High Courts
had also followed different views of the top court as
binding precedents.
• Prakash v Phulwati (2015) - Division Bench of
Supreme Court held that the benefit of the 2005
amendment could be granted only to “living
daughters of living coparceners” as on September 9,
2005 (the date when the amendment came into
force).
• In February 2018, contrary to the 2015 ruling,
another Division Bench held that the share of a father
who died in 2001 will also pass to his daughters as
coparceners during the partition of the property as
per the 2005 law.
• In April 2018 of the same year, yet another Division
Bench reiterated the position taken in by Supreme
Court in 2015.
• These conflicting views by Benches of equal strength
led to a reference to a three-judge Bench in the
current case.
THERE WERE TWO PROBLEMS IN THIS CASE
1. Whether the amendment which came into effect on
th
9 September, 2005 would apply to all daughters
born before the said amendment.
2. If a father died without a Will (also referred as
intestate) before 9 September 2005 i.e. before coming
into effect of Hindu Succession Amendment Act, 2005
- then in such situation - whether inheritance will be
governed by the old section 6 of Hindu Succession Act
or as per the amended Section 6 of the Act which
gave coparcenary rights to daughters.
DECISION OF SUPREME COURT - 2020
76

• Supreme Court has held that daughters have an
equal birthright along with sons to inherit joint Hindu
family property. The Supreme Court held that the
amended Hindu Succession Act, which gives
daughters equal rights to ancestral property, will have
a retrospective effect as rights of daughters are
accrued by their birth.
• Thus, the Court agreed with the view that the
substituted Section 6 of the Hindu Succession Act,
1956 confers the status of ‘coparcener’ to a daughter
born before or after the amendment in the same
manner as a son.
• Since the right to coparcenary of a daughter is by
birth, it is not necessary that the father should be
alive as on September 9, 2005. The Supreme Court
has thus overruled an earlier 2015 decision.
• Thus, the present ruling of Supreme Court now
overrules the contrary observations made in Prakash
v. Phulavati and Mangammal v. T.B. Raju.
RECOGNISING EQUAL STATUS OF DAUGHTERS AS
RIGHT ACCRUES BY BIRTH
• The apex court has now categorically ruled that the
daughters’ right flows from their birth and not by any
other factor such as the existence of their fathers.
• The court has rightly recognised that the amendment
conferred equal status as a coparcener on daughters
in Hindu families governed by Mitakshara law, and
this right accrued by birth.
WAKE UP CALL FOR JOINT FAMILY BUSINESS
• Traditional Business Families which have not yet
recognised the rights of daughters will now (post SC
verdict) have to accommodate rights of daughters in
sharing wealth and allowing them to take part in
family business. If they fail to do so, daughters can
claim their right by filing petition in the Court.
• The judgment further reinstates faith in the judicial
system by making it loud and clear that daughters can
no longer be deprived of their rights to ancestral
property, no matter when they were born.
►EQUAL OPPORTUNITIES FOR
WOMEN IN INDIAN ARMY
Supreme Court in a landmark judgment in February, 2020
in the case of Secretary, Ministry of Defence v Babita Puniya
and Others held that that all serving women officers
recruited in 10 combat support arms and services of the
Indian Army under the Short Service Commission (SSC)
scheme will have to be considered for Permanent
Commission (PC). Accordingly, Ministry of Defence (MOD)
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has issued an order for grant of Permanent Commission to
women officers in the Army. So, in July, 2020, MOD issued
formal sanction offering Permanent Commission to women
officers of the Indian Army. So, the SC judgment is the
culmination of a struggle for equal opportunity that began
almost 27 years ago when the Army inducted the first
batches of women as officers in non-medical corps. The
Indian Air Force was first among the three services to grant
PC to SSC women officers.
BACKGROUND – WOMEN IN INDIAN ARMY
• The induction of women officers in the Army started
in 1992. They were commissioned for a period of five
years in certain chosen streams such as Army
Education Corps, Corps of Signals, Intelligence Corps,
and Corps of Engineers.
• Recruits under the Women Special Entry Scheme
(WSES) had a shorter pre-commission training period
than their male counterparts who were
commissioned under the Short Service Commission
(SSC) scheme.
• In 2006, the WSES scheme was replaced with the SSC
scheme, which was extended to women officers. They
were commissioned for a period of 10 years,
extendable up to 14 years. Serving WSES officers were
given the option to move to the new SSC scheme, or
to continue under the erstwhile WSES.
• Women Officers were however restricted to roles in
streams specified earlier (Army Education Corps,
Corps of Signals, Intelligence Corps, and Corps of
Engineers) which excluded combat arms such as
infantry and armoured corps.
THE PROBLEM
• While male SSC officers could opt for permanent
commission at the end of 10 years of service, this
option was not available to women officers.
• They were, thus, kept out of any command
appointment, and could not qualify for government
pension, which starts only after 20 years of service as
an officer.
• The first batch of women officers under the new
scheme entered the Army in 2008.
SUPREME COURT FINAL DECISION
• Supreme Court rejected the arguments presented by
the government saying they are based on sex
stereotypes premised on assumptions about socially
ascribed roles of gender which discriminate against
women.
77

• It has also said that such arguments of the centre only
show the need to emphasise the need for change in
mindsets to bring about true equality in the Army.
• So, the SC has done away with all discrimination on
the basis of years of service for grant of PC in 10
streams of combat support arms and services,
bringing them on a par with male officers.
• The Court has also removed the restriction of women
officers only being allowed to serve in staff
appointments, which is the most significant and far-
reaching aspect of the judgment.
DIRECTIONS GIVEN BY THE SUPREME COURT
• The policy decision which has been taken by the
Union Government allowing for the grant of PCs
to SSC women officers in all the ten streams
where women have been granted SSC in the
Indian Army is accepted subject to the following:
ο All serving women officers on SSC shall be
considered for the grant of PCs irrespective of any
of them having crossed fourteen years or, as the
case may be, twenty years of service.
ο The option shall be granted to all women presently
in service as SSC officers.
ο Women officers on SSC with more than fourteen
years of service who do not opt for being
considered for the grant of the PCs will be entitled
to continue in service until they attain twenty years
of pensionable service.
ο As a one-time measure, the benefit of continuing in
service until the attainment of pensionable service
shall also apply to all the existing SSC officers with
more than fourteen years of service who are not
appointed on PC.
ο SSC women officers with over twenty years of
service who are not granted PC shall retire on
pension in terms of the policy decision.
ο At the stage of opting for the grant of PC, all the
choices for specialisation shall be available to
women officers on the same terms as for the male
SSC officers. Women SSC officers shall be entitled
to exercise their options for being considered for
the grant of PCs on the same terms as their male
counterparts.
ο SSC women officers who are granted PC in
pursuance of the above directions will be entitled
to all consequential benefits including promotion
and financial benefits. However, these benefits
would be made available to those officers in
service or those who had moved the Delhi High
Court by filing the Writ Petitions and those who
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had retired during the course of the pendency of
the proceedings.
BENEFITS OF THE JUDGMENT
• Serve till retirement - With the grant of PC, women
officers will now be entitled to serving till the age of
retirement and not forced to look for alternative
careers after 14 years. This will provide clarity on their
career paths and place women officers on an equal
footing with men for promotions, professional
growth, and provide job security.
• Command Appointments - Selection for command
appointments in the Indian Army eluded women
officers earlier. This which would open avenues for
further promotions to higher ranks for women
officers. If women officers had served only in staff,
they would not have gone beyond the rank of
Colonel. Now, women officers can be considered for
command roles, career postings and many other
opportunities to distinguish themselves
professionally.
• Other Additional Benefits - A grant of PC will accrue
many other employee benefits, as, ‘In service career
courses’ (such as the National Defence College,
College of Defence Management, the Army War
College, etc), the Defence Services Staff College,
options in higher studies (such as a Master of
Business Administration or a Master of Technology),
pension, ex-servicemen status and consequent
benefits to name a few.
• Mitigate Shortage of Staff - In addition, allowing a
motivated set of experienced women officers in
permanent cadre would be a small way to mitigate
the shortage of officers in the Indian Army.
• Attending same training Courses - It also means
that in junior ranks and career courses, women
officers would be attending the same training courses
and tenanting critical appointments, which are
necessary for higher promotions.
CONCLUSION - TIME FOR PATRIARCHAL MINDSET TO
CHANGE IN INDIA
• The judgment is important not only because it allows
women officers equal opportunities to serve in the
Indian Army but also because the judgment
addresses the issue of regressive mindsets.
• With women already in combat support arms and
Services, the question remains as to whether women
shall be allowed in COMBAT ARMS. Here, we need to
overcome the regressive Patriarchal mindset and
integrate women in the evolving nature of warfare
supported by technology like ISRAEL.
78

►NEED FOR AMENDMENT IN
OFFICIAL LANGUAGE: SC
Supreme Court stayed the Delhi High Court’s contempt of
court proceedings initiated against the Ministry of
Environment and Forest (MOEF) for failing to publish the
draft EIA notification in 22 regional languages as provided
in the Eight Schedule to the Indian Constitution. The Official
Languages Act 1963 stipulates the government to publish
rules only in Hindi and English.
DECISION OF DELHI HIGH COURT
• Delhi High Court earlier ordered the government to
publish the Draft Environment Impact Assessment
Report issued by Ministry of Environment, Forest and
Climate Change in 22 languages as provided in Eight
Schedule of the Indian Constitution.
• The High Court had reasoned that the EIA concerned
environmental restrictions on building, expansion and
modernization of major infrastructure projects across
the country.
• The EIA should reach the maximum number of people
without discrimination to any part of the country,
especially the non-Hindi speaking parts of India. It
should reach and be understood by the rural
population of the country.
• The High Court wanted to ensure maximum public
participation, so that people studied the draft and
responded with suggestions and objections. SC said
that it has no objection to the Delhi High Court
judgment.
• However, the centre failed to obey orders of Delhi
High Court. Accordingly a contempt proceeding was
initiated against MOEF. Accordingly, decision of Delhi
Court was challenged before three Judge Bench of
Supreme Court headed by CJI.
SUPREME COURT’S DECISION
• Chief Justice of India Sharad A. Bobde while hearing
an appeal against the Delhi High Court judgment
observed that the government should consider
amending the Official Languages Act of 1963 to
include more vernacular languages in governance,
and not just confine it to Hindi and English as there
are many people in India who do not know Hindi and
English.
• CJI has asked the petitioner i.e. the government to
review the decision of Delhi High Court
OFFICIAL LANGUAGE OF INDIA
• Article 343(1) - The official language of the Union
shall be Hindi in Devanagari script. The form of
numerals to be used for the official purposes of the
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Union shall be the international form of Indian
numerals.
• Article 343(2) - provides that English shall also be
continued to be used in official work of the Union for
a period of 15 years from the date of commencement
of the constitution, i.e., up to the 25th of January
1965.
• Again, Article 343(3) made provisions for the
continuation of English from 26th January 1965 by
empowering the parliament to make laws to that
effect.
• Accordingly, Parliament passed The Official
Languages Act, 1963 to provide for the languages
which may be used for the official purposes of the
Union, for transaction of business in Parliament, for
Central and State Acts and for certain purposes in
High Courts.
• The Official Languages Act, 1963 allowed
continuance of English language for official purposes
of the Union and for use in Parliament even
after1965. As per the Act, both English and Hindi shall
be used for certain specified purposes like
resolutions, rules, general orders, notifications, press
communiqués, administrative and other reports,
licenses, tenders, etc.
• The Act provides for the following –
ο English language shall be used for purposes of
communication between the Union and a State
which has not adopted Hindi as its official
language.
ο For communication between states where only one
state has recognised Hindi as its official language,
then communication in Hindi shall be accompanied
by a translation of the same in the English
language.
• Optional use of Hindi or other official language in
judgments, etc., of High Courts - As from the
th
appointed day (26 January, 1965) or any day
thereafter the Governor of a State may, with the
previous consent of the President, authorise the use
of Hindi or the official language of the State, in
addition to the English language, for the purposes of
any judgment, decree or order passed or made by the
High Court for that State. Where any judgment,
decree or order is passed or made in any such
language (other than the English language), it shall be
accompanied by a translation of the same in the
English language issued under the authority of the
High Court.
79

►DISTRIBUTIVE JUSTICE
Theories of distributive justice seek to specify what is meant
by a just distribution of goods among members of
society. Distributive Justice is an important idea which deals
with distribution of burden and benefits among members of
any society. This idea is also provided in the Indian
Constitution as part of Directive Principles of State Policy
(which cannot be enforced) under Article 39(b) and Article
39(c). The provision states that the State shall in particular
direct its policy towards securing that the ownership and
control of the material resources of the community are so
distributed as best to subserve the common good and that
the operation of the economic system does not result in the
concentration of wealth and means of production to the
common detriment. So, in this backdrop let us go through
the concept of distributive justice based on distribution of
burdens and benefits among members of the society and
also learn about John Rawl’s Theory of Justice.
THEORY OF JOHN RAWLS
Justice as Fairness
• One of the most famous American philosophers to
focus on the topic of distributive justice was John
Rawls. In his work, A Theory of Justice, Rawls
mentions about as “Justice as Fairness.”
• The wellbeing of representatives is assessed by their
allocation of what Rawls terms primary goods. There
are two classes of primary goods. The first class
comprises Social Primary Goods, such as Liberty and
Wealth. The second class comprises Natural Primary
Goods - such as personal characteristics. Justice as
fairness is concerned with the distribution of social
primary goods.
DIFFERENCE PRINCIPLE
• The part of Rawls’ theory that addresses economic
inequalities is often referred to as the “Difference
Principle.” According to Rawls, a just society is one
whose major political, social, and economic
institutions, taken together, satisfy the following two
principles:
1. Each person has an equal claim to a scheme of
basic rights and liberties that is the maximum
consistent with the same scheme for all.
2. Social and economic inequalities are permissible
only if: (a) they confer the greatest benefit to the
least-advantaged members of society, and (b) they
are attached to positions and offices open to all
under conditions of fair equality of opportunity.
• The basic rights and liberties in Principle 1 include
the rights and liberties of democratic citizenship, such
as the right to vote; the right to run for office in free
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elections; freedom of speech, assembly, and religion;
the right to a fair trial; and more generally, the right to
the rule of law. Principle 1 is accorded strict priority
over principle 2, which regulates social and economic
inequalities.
• Principle 2 combines two ideals. The first, known as
the “Difference Principle,” requires that any unequal
distribution of social or economic goods (e.g., wealth)
must be such that the least-advantaged members of
society would be better off under that distribution
than they would be under any other distribution
consistent with principle 1, including an equal
distribution. This is because a slightly unequal
distribution might benefit the least advantaged by
encouraging greater overall productivity.
• The second ideal of Principle 2 is Meritocracy and
is understood in a very demanding way. According to
Rawls, fair equality of opportunity obtains in a society
when all persons with the same native talent (genetic
inheritance) and the same degree of ambition have
the same prospects for success in all competitions for
positions that confer special economic and social
advantages. Based on these understandings, let us go
through the principle of distributive justice.
UNDERSTANDING DISTRIBUTIVE JUSTICE
• Distribution of Benefits and Burdens in societies -
The economic, political and social frameworks that
each society has its laws, institutions, policies, etc.
which result in different distributions of benefits and
burdens across members of the society. These
frameworks are the result of human political
processes and they constantly change both across
societies and within societies over time. The structure
of these frameworks is important because the
distributions of benefits and burdens resulting from
them fundamentally affect people’s lives. Arguments
about which frameworks and/or resulting
distributions are morally preferable constitute the
topic of distributive justice.
• Moral Guidance - Principles of distributive justice are
therefore best thought of as providing moral
guidance for the political processes and structures
that affect the distribution of benefits and burdens in
societies, and any principles which do offer this kind
of moral guidance on distribution, regardless of the
terminology they employ, should be considered
principles of distributive justice.
• Distributive justice is a concept that addresses the
ownership of goods in a society. It assumes that there
is a large amount of fairness in the distribution of
goods. Equal work should provide individuals with an
equal outcome in terms of goods acquired or the
80

ability to acquire goods. Distributive justice is absent
when equal work does not produce equal outcomes
or when an individual or a group acquires a
disproportionate amount of goods.
• Distributive principles vary in numerous
dimensions - They vary in what is considered
relevant to distributive justice (income, wealth,
opportunities, jobs, welfare, utility, etc.); in the nature
of the recipients of the distribution (individual
persons, groups of persons, reference classes, etc.);
and on what basis the distribution should be made
(equality, maximization, according to individual
characteristics, according to free transactions, etc.).
DIFFERENT ASPECTS OF DISTRIBUTIVE JUSTICE
Sharing to reduce inequality
• At the very least, justice requires that we not be
greedy and grab things; instead, we share them with
those we don’t know or love. Simply put, a sense of
justice is born when we begin sharing things with
strangers.
• The basic idea of justice is that ‘each person gets what
is properly due to him or her’, that the benefits and
burdens of society be distributed in a manner that
gives each person his or her due.
Hierarchical & Egalitarian Notions of Justice
• Now, the question arises is that what is a person’s
due and how to determine it. It is here where we can
distinguish between hierarchical and egalitarian
notions of justice.
• In hierarchical notions, what is due to a person is
established by her or his place within a hierarchical
system. For instance, by rank determined at birth.
Certain groups are born privileged. Therefore, their
members are entitled to a disproportionately large
share of benefits, and a disproportionately small
share of burdens. On this conception, justice requires
that the benefits and burdens be unequally shared or
distributed.
• To take just one example, in a society ridden with
caste hierarchies, those born in high castes are
entitled to a much greater share of wealth, power,
cultural status and knowledge. Conversely, those
born in ‘low castes’ get whatever is their proper due
— very little, sometimes nothing. The hierarchical
conception of justice has rarely remained
unchallenged.
Essence of Egalitarian Distributive Justice
• In societies still infested with live hierarchies, people
must first struggle for recognition as equals, for what
might be called basic social justice. Then, they must
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decide how to share all social benefits and burdens
among equal persons, the essence of egalitarian
distributive justice.
Principles of Need and Desert
• For the first need-based principle, what is due to a
person is what she really needs, i.e., whatever is
necessary for general human well-being. Since our
basic needs are identical, justice requires their
fulfillment in every single person. Beyond this basic
threshold, our needs usually vary, and therefore
justice further requires the fulfillment of different
needs — say, the specific needs of a scholar, as well
as the very different needs of a mountaineer.
• Second, the principle of desert for which what is due
to a person is what he or she deserves, determined
not by birth or tradition but by a person’s own
qualities, for instance ‘natural’ talent or productive
effort.
• So, even though we start as equals, those who are
talented or work hard should be rewarded with more
benefits and be less burdened. Conversely, those
contributing unequally to the creation of wealth or
cultural assets, do not deserve the same benefits
yielded by them. This underpins the idea of equal
opportunity to all, albeit with justified inequalities of
outcome.
Finding the Balance
• Most reasonable egalitarian conceptions of justice try
to find a balance between need and desert. They try
to ensure a distribution of goods and abilities
(benefits) that satisfies everyone’s needs, and a fair
distribution of social burdens or sacrifices required
for fulfilling them. After this, rewards are permissible
to those who by virtue of natural gift, social learning
and personal effort, deserve more.
Inequality Increasing in our Society
• Our society is afflicted by deep material, cultural and
knowledge-related inequalities and these inequalities
are growing by the day. Sometimes these inequalities
are accompanied by blatant assertions of unequal
moral worth, though today, a deafening silence on
social and distributive justice is more common.
• Overall we can say that we are falling way short of
standards of social and distributive justice as
provided in the Preamble. Putting justice back into
public discourse should be government’s priority as it
will help in removing inequality from the society
thereby fulfilling the mandate of Directive Principles
of State Policy particularly Article 39.
81
Section-4
RGANISATION /

ODIES / CHEMES IN

EWS
►NATIONAL HUMAN RIGHTS Report Highlighted by NHRC to UNHRC includes Gaps or
Issues related to
COMMISSION SUBMITS REPORT TO
• Ratification of international human rights instruments,
UNHRC
• Issues in legislations of trafficking and protection against
NHRC submitted the report to UNHRC as part of the child sexual abuse,
third round of the Universal Periodic Review (UPR)
• Gaps in the implementation of schemes for food security
process, which is done every four and half years. NHRC and
report, dated “May 2020”, reviewed the implementation
• Timely disbursement of wages under various schemes for
of 152 recommendations of the UPR Working Group that
employment.
the Indian government had accepted in September
2017. WHAT IS THE UNIVERSAL PERIODIC REVIEW?

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82

• The Universal Periodic Review (UPR) is a unique
process which involves a periodic review of the
human rights records of all 193 UN Member States.
• The UPR is a significant innovation of the Human
Rights Council which is based on equal treatment for
all countries.
• It provides an opportunity for all States to declare
what actions they have taken to improve the human
rights situations in their countries and to overcome
challenges to the enjoyment of human rights.
• The UPR also includes a sharing of best human rights
practices around the globe.
WHAT IS THE GOAL OF UPR?
• Improvement of the human rights situation in every
country with significant consequences for people
around the globe.
• The UPR is designed to support and expand the
promotion and protection of human rights at the
ground level. UPR involves assessing States’ human
rights records and addresses human rights violations
around the world.
• UPR assesses the extent to which member states of
UN respect their human rights obligations set out in:
1) The UN Charter
2) The Universal Declaration of Human Rights
3) Human rights instruments to which the State is party
(human rights treaties ratified by the State concerned)
4) Voluntary pledges and commitments made by the
State (e.g. national human rights policies and/or
programmes implemented) and
5) Applicable international humanitarian law
• The UPR provide technical assistance to States and
enhance their capacity to deal effectively with human
rights challenges and to share best practices in the
field of human rights among States and other
stakeholders.
OTHER IMPORTANT HIGHLIGHTS OF NHRC REPORT
SUBMITTED TO UNHRC
• Health & Nutrition - Consensus reached between
states and centre on the need to increase budgetary
allocation for health and nutrition.
• Rights of Children – Mentioned about steps taken by
National Commission for Protection of Child Rights
including its pilot project to eliminate child labour in
five “aspirational districts with high incidence of child
labour; Highlighted Gaps in policies as compared to
obligations under the United Nations Convention on
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the Rights of the Child including recommendation to
address the issue.
• Making Education more accessible to children
with disabilities - recommended Ministry of Human
Resource & Development to ensure “holistic inclusion”
of children with disabilities in its Draft National
Education Policy.
• Rights of Women – On the issue of reproductive
rights, central government has recommended to
address issue of sterilization, birth control treatment
and procedures and expenses not being covered
under health insurance policies.
• NHRC stated that it was in the process of setting up a
committee to monitor the implementation of the
Convention on the Elimination of All Forms of
Discrimination against Women.
• Welfare of SC/ST/Minorities - NHRC also expressed
concern over the inefficiencies in implementation of
the Scheduled Caste/Scheduled Tribe (Prevention of
Atrocities Act) 1989 and the Rules of 1995 and warned
States of coercive action when they failed to submit
reports on violation of human rights of SCs, STs and
minorities.
IMPORTANT HIGHLIGHTS ABOUT NATIONAL HUMAN
RIGHTS COMMISSION
• The National Human Rights Commission (NHRC) of
India was established on 12 October, 1993 under the
Protection of Human Rights Act (PHRA), 1993. The
Act and has been amended in 2006 and very recently
in 2019.
• NHRC has been established in conformity with the
Paris Principles, adopted at the first international
workshop on national institutions for the promotion
and protection of human rights held in Paris in
October 1991, and endorsed by the General Assembly
of the United Nations by its Resolutions 48/134 of 20
December, 1993.
• As per Resolution 48/134 adopted by General
Assembly - A national institution shall be vested with
competence to promote and protect human rights.
• Human Rights - PHRA defines Human Rights as the
rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in
the International Covenants and enforceable by Courts in
India.
THE PROTECTION OF HUMAN RIGHTS (AMENDMENT)
ACT, 2019, PROVIDES FOR THE FOLLOWING CHANGES
• A person who has been a Judge of the Supreme Court
is also made eligible to be appointed as Chairperson
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of the Commission in addition to the person who has
been the Chief Justice of India.
• To increase the Members of the Commission from
two to three of which, one shall be a woman.
• To include Chairperson of the National Commission
for Backward Classes, Chairperson of the National
Commission for Protection of Child Rights and the
Chief Commissioner for Persons with Disabilities as
deemed Members of the Commission as members of
NHRC.
• To reduce the term of the Chairperson and Members
of the Commission and the State Commissions from
five to three years and the fact that they shall be
eligible for re-appointment.
• To provide that a person who has been a Judge of a
High Court is also made eligible to be appointed as
Chairperson of the State Commission in addition to
the person who has been the Chief Justice of the High
Court; and
• The Central Government may, by order, confer upon
the State Commission the functions relating to human
rights being discharged by the Union territories, other
than the Union territory of Delhi.
• The functions relating to human rights in case of
Union territory of Delhi shall be dealt with by the
Commission.
THE COMMISSION SHALL, PERFORM ALL OR ANY OF
THE FOLLOWING FUNCTIONS, NAMELY
(a) Inquire, on its own initiative or on a petition
presented to it by a victim or any person on his
behalf, into complaint of
(i) violation of human rights or abetment or
(ii) negligence in the prevention of such violation, by
a public servant;
(b) Intervene in any proceeding involving any allegation
of violation of human rights pending before a court
with the approval of such court;
(c) Visit, under intimation to the State Government, any
jail or any other institution under the control of the
State Government, where persons are detained or
lodged for purposes of treatment, reformation or
protection to study the living condition of the
inmates and make recommendations thereon.
(d) Review the safeguards by or under the Constitution
or any law for the time being in force for the
protection of human rights and recommend
measures for their effective implementation.
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(e) Review the factors, including acts of terrorism that
inhibit the enjoyment of human rights and
recommend appropriate remedial measures.
(f) Study treaties and other international instruments on
human rights and make recommendations for their
effective implementation;
(g) Undertake and promote research in the field of
human rights;
(h) Spread human rights literacy among various sections
of society and promote awareness of the safeguards
available for the protection of these rights through
publications, the media, seminars and other available
means;
(i) Encourage the efforts of non - Governmental
organizations and institutions working in the field of
human rights;
(j) Such other functions as it may consider necessary for
the promotion of human rights.
HUMAN RIGHTS COMMISSION AS FOURTH BRANCH
INSTITUTIONS
• According to the classical account, democracy is
sustained through a distribution of power between
three “branches” — the legislature, the executive, and
the judiciary, with each branch acting as a check and a
balance upon the others.
• However, the complexity of governance and
administration in the modern world has necessitated
the existence of a set of independent bodies, which
are charged with performing vital functions of
oversight. Such Fourth Branch Institutions acts as the
limb of the government and helps in performing
essential tasks and in maintaining governance in the
country.
• Mostly Forth Branch Institutions are Constitutional,
Regulatory or Statutory bodies. Some of these bodies
are constitutional bodies — established by the
Constitution itself. These include, for instance, the
Election Commission and the Office of the
Comptroller and Auditor General.
• Others have been established under law: for example,
the Information Commission under the Right to
Information Act, and Human Rights Commissions
under the Protection of Human Rights Act.
• Human Rights Act exists to ensure the protection and
promotion of human rights. To fulfill this purpose, the
Act creates an institutional infrastructure, via the
Human Rights Commissions.
• The Human Rights Commissions, thus, are bodies that
stand between the individual and the state, and
84

whose task is to ensure the adequate realisation of
constitutional commitment to protecting human
rights.
• Human Rights Commission has the powers of a
civil court, and proceedings before it are deemed
to be judicial proceedings. This provides strong
reasons for its findings to be treated at the very least
as quasi-judicial, and binding upon the state.
• Thus, if it is established that the Human Rights
Commission performs in a quasi-judicial capacity,
then perhaps, its recommendations and decisions
can be said to be binding. But as of now, its
recommendations are mere advisory in nature.
►ISLAND DEVELOPMENT AGENCY
While launching the submarine Optical Fibre Cable (OFC)
connecting Andaman & Nicobar Islands to the mainland,
Prime Minister highlighted that the Island Development
Agency (IDA) which was formed in 2017 has been reviewing
the progress of the important works carried out in the
islands of Andaman and Nicobar Islands and in the
Lakshadweep islands.
• Island Development Agency(IDA) was setup under the
chairmanship of Home Ministry with CEO, NITI Aayog
as its convener.
• IDA focuses on holistic Development of 10 islands of
India.
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• It aims at developing India’s maritime economy while
preserving the natural eco-system and addressing the
security concerns.
• Ministry has emphasized upon the need for
sustainable development of Islands with people’s
participation.
• Other Members of the IDA including Cabinet
Secretary, Home Secretary, Secretary (Environment,
Forests and Climate Change), Secretary (Tourism) and
Secretary (Tribal Welfare)
►HOLISTIC DEVELOPMENT OF
IDENTIFIED ISLANDS–NITI AAYOG
• For overall development of the islands of Andaman
and Nicobar and Lakshadweep, the initiative “Holistic
Development of Identified Islands” was accorded high
priority by the Government and NITI Aayog was
mandated to steer the process of sustainable
development in these identified islands.
• Subsequently, 17 more islands (12 in Andaman &
Nicobar and 5 in Lakshadweep) were identified for
coverage under the initiative.
• Further, potential sites for sustainable development
in Little Andaman and Great Nicobar, outside Tribal
Reserves, are being identified separately for coverage
under the initiative “Holistic Development of
Identified Islands”.
• These islands carry importance because of their size
and strategic location.
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►NATIONAL RECRUITMENT
AGENCY - NRA
National Recruitment Agency (NRA) has been set up as
an independent, professional ,specialist organization for
conduct of a computer based online common eligibility
test for recruitment and will help in bringing reform in
the area of recruitment.
NEED FOR NRA
• As of now, aspirants have to take different exams that
are conducted by various agencies for central
government jobs
• On an average 2.5 crore to 3 crore aspirants appear
for about 1.25 lakh vacancies in the central
government every year.
• The NRA will conduct a common eligibility test (CET)
and based on the CET score a candidate can apply for
a vacancy with the respective agency.
WHICH EXAMS WILL BE INCLUDED?
• It will organise a CET to screen/shortlist candidates
for the Group B and C (non -technical) posts, which
are now being conducted by the Staff Selection
Commission (SSC), Railways Recruitment Board (SSC)
and Institute of Banking Personnel Selection (IBPS).
Later on, more exams may be brought under it.
• It will have representatives from SSC, IBPS and RRB.
• The test will be conducted for three levels: graduate,
higher secondary (12th pass) and the matriculate
(10th pass) candidates.
• However, the present recruitment agencies– IBPS,
RRB and SCC — will remain in place.
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• Based on the screening done at the CET score level,
final selection for recruitment shall be made through
separate specialised Tiers (II, III, etc.) of examination
which shall be conducted by the respective
recruitment agencies. The curriculum for CET would
be common.
BENEFITS OF NRA
• Exam Centre in every district – It will enhance the
access to the rural candidates. Special focus will be on
creating examination infrastructure in all the 117
Aspirational Districts. It will reduce the cost, effort,
time and safety for the candidates.
• Relief to Candidates – It will do away with the need
to appear in multiple examinations conducted by
multiple agencies. It will take job opportunities closer
to the people and will motivate more candidates to
participate in the process.
• Benefits to Women Candidates – Exam centre in
every district will increase the access and ensure the
safety for women candidates.
• CET Score to be valid for three years with no bar on
number of attempts.
• Reduce burden on Existing recruitment Agencies –
Since they will have to conduct the process in the
second stage after the screening process has been
conducted by the NRA.
• CET Conducted by the NRA will be available in
multiple languages
• Marks of CET can be used by both Public as well as
private candidates.
86

CHALLENGES
• It does not focus on the need for more Job creation
and merely focuses on the recruitment process.
• Government Jobs are shrinking because of “Minimum
Government maximum Governance” agenda.
• Its Mandate is limited to Group B and C non-technical
posts in the Government.
• Timely conduction of the government exams has
been a challenge for the agencies. Thus it is to be
seen if this agency will be able to conduct the exam of
such huge scale on time.
►CAUVERY WATER MANAGEMENT
AUTHORITY - CWMA
Cauvery Water Management Authority (CWMA) which is
a part of Cauvery Draft Water Management Scheme
constituted by the central government as per the
directions of Supreme Court has been brought within
the administrative control of Union Ministry of Jal Shakti.
This has been accomplished by amending the
Government of India (Allocation of Business)Rules,
1961.However, some opposition party as well as some
farmers’ association in Tamil Nadu is upset with this
move of the central government as it makes CWMA
more of a central appointee without any discretionary
power at the level of state.
ALLOCATION OF BUSINESS RULES
• Article 77 of the Constitution of India mentions about
Conduct of Government Business. Article 77 (3) -
President shall make rules for the more convenient
transaction of the business of the Government of
India, and for the allocation among Ministers of the
said business.
• Thus, accordingly President has amended the
Government of India (Allocation of Business) Rules,
1961 and has placed CWMA under the administrative
control of Union Ministry of Jal Shakti.
Background of CWMA
• Supreme Court in its judgment of February, 2018 had
directed the Central Government to draft a scheme
under Section 6A of the Inter-State River Water
Dispute Act, 1956 within a span of six weeks to
implement the Tribunal’s Award.
• Section 6A authorises the Central Government to
make schemes to implement decision of Tribunal
constituted for adjudication of disputes.
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• The Central Government as per the directions of the
honourable Court had submitted the Cauvery Draft
Water Management Scheme.
• The Cauvery Draft Water Management Scheme
comprised – Cauvery Water Management Authority
(CWMA) and Cauvery Water Regulation Committee
(CWRC) to give effect to the decision of Cauvery Water
Dispute Tribunal (CWDT) as modified by the Hon’ble
Supreme Court as per its 2018 judgment.
POWERS, FUNCTIONS & DUTIES OF CWMA
The Authority shall exercise such power and shall
discharge such duty to ensure compliance of Judgment
of Supreme Court regarding –
(i) Storage, apportionment, regulation and control of
Cauvery waters.
(ii) Supervision of operation of reservoirs and with
regulation of water releases there from with the
assistance of Regulation Committee.
(iii) Regulated release by Karnataka, at the inter-State
contact point presently identified as Billigundulu
Gauge and discharge station, located on the common
border of Karnataka and Tamil Nadu.
(iv) The Authority may constitute one or more sub-
committees and assign to them such of its functions
and delegate.
CONCERNS HIGHLIGHTED BY SOME OPPOSITION &
FARMERS’ ASSOCIATION
• Cauvery Water Management Authority (CWMA) was
created on the direction of the Supreme Court in
February 2018.
• It is also argued that between June 2018 and May
2019, when the Union Ministry of Water Resources
was in existence prior to existence of Ministry of Jal
Shakti, CWMA was not designated as an organisation
under the Ministry through any notification.
• So, bringing CWMA under Jal Shakti Ministry will erode
its autonomy and will be subject to the diktat of the
Central Government. This will further erode the
bargaining power of states and undermine their
presence in the CWMA.
• This is another step by the central government
whereby the centralisation of power seems eminent.
►NEED FOR FISCAL COUNCIL IN
INDIA
The Chairman of the 15th Finance Commission, N.K.
Singh has recently recommended setting up of
87

institutional mechanism like a ‘Fiscal Council’ to keep a
check on Centre’s fiscal consolidation.
WHAT IS FISCAL COUNCIL?
A fiscal council is an independent and non-partisan
agency which is set up to publicly assesses the
government’s fiscal performance against its stated
objectives.
SOME OF THE FUNCTIONS THAT CAN BE PERFORMED
BY FISCAL COUNCIL INCLUDE:
• Producing independent forecasts related to GDP
growth, tax buoyancy, inflation rate.
• Review the government’s forecasts and assumptions
related to tax collections, Fiscal Deficit, GDP Growth
etc.
• Monitoring governments’ fiscal performance including
adherence to fiscal rules.
INTERNATIONAL EXPERIENCE WITH FISCAL COUNCIL
• In recent years, an increasing number of advanced
and some emerging economies are using
independent fiscal council in order to enhance the
credibility of their fiscal rules.
• International experience suggests that fiscal councils
can improve fiscal outcomes and accuracy related to
government's forecasts related to fiscal parameters.
• For example, the United Kingdom created an Office
of Budget Responsibility (OBR) in 2010 and granted
it statutory status in 2011 to provide independent
analysis of the country’s public finances.
• On similar lines, Congressional Budget Office (CBO)
in United States supports the budget making process
by providing independent analysis of budgetary and
economic issues.
FISCAL COUNCIL IN INDIA
• The N.K Singh Review Committee recommended
that Fiscal Council should be an autonomous body,
under the aegis of the Ministry of Finance
(Department of Economic Affairs).
• It is proposed that it should comprise a Chairperson
and two Members to be appointed by the Central
Government. The persons to be appointed ought to
have significant experience in public finance,
economics or public affairs.
NEED FOR FISCAL COUNCIL IN INDIA
• The General Budget of the Government is based upon
the forecasts related to Revenue Collection and
Expenditure of the Government for the upcoming
financial year. It has been observed that generally the
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government over estimates revenue growth and
underestimate expenditure growth.
• Normally, it is found that the Government usually
comes out with ambitious targets related to fiscal
parameters such as Tax collection, reduction in Fiscal
Deficit etc.
• However, the government fails to meet these
ambitious targets as there is wide margin between
the budget forecasts and actual targets met by the
Government. Hence, it is required to ensure that the
Government sets realistic fiscal targets.
• Further, in recent years, the Government has resorted
to Off-Budget financing in order to reduce its
expenditure and to contain Fiscal Deficit.
• Even the CAG has raised concerns with respect to off-
budget financing since it understates the
Government's Fiscal deficit and reduces the
accountability of the Government to the Parliament.
WHAT SHOULD BE THE ROLE OF FISCAL COUNCIL IN
INDIA?
• Fiscal Data Coordinator: FC will have the
responsibility of compiling and collating centre, state,
and local government fiscal data and provide
individual and consolidated fiscal accounts of the
governments in India on a timely basis and make
such data accessible to governments and public.
• Fiscal Data Analyst: It should utilize the compiled
fiscal data to provide valuable insights into the
underlying fiscal trends and highlight their policy
significance.
• Fiscal Consolidation Path Monitor: The central as
well as state governments follow their respective
fiscal consolidation paths according to targets set
under their FRBM Acts. The Fiscal Council should
monitor the compliance of these targets by the
Central and State Governments. It should highlight
deviations in the targets by publishing quarterly and
annual reports.
• Fiscal Policy Advisor: Fiscal Council should provide
guidance to the central and state governments on
appropriate fiscal policy interventions aimed at
improving growth and macro-stabilization outcomes.
►NEW C&AG APPOINTED
Former Jammu & Kashmir (J&K) Lieutenant-Governor (L-
G), Shri Girish Chandra Murmu has taken charge as the
new Comptroller and Auditor General (CAG). Let us learn
about Comptroller and Auditor General of India.
88

ABOUT COMPTROLLER AND AUDITOR GENERAL OF
INDIA
• CAG as SAI - Comptroller and Auditor General of India
is the Supreme Audit Institution of India (SAI). As a
constitutional body, CAG has been entrusted with the
responsibility to audit the accounts and related
activities of the government and its institutions.
• Appointed by the President - Article 148 of the
Indian Constitution mandates the appointment of
Comptroller and Auditor General of India by the
President of India by warrant under his hand and
seal. The words, "by warrant under his hand and seal"
refers that the appointment letter bears the seal and
signature of the President of India.
• Oath or Affirmation - CAG shall, before entering
upon office, make and subscribe before the
President, or some person appointed in that behalf by
him, an oath or affirmation according to the form set
out for the purpose in the Third Schedule.
• Tenure of CAG – The Comptroller and Auditor-
General shall hold office for a term of 6 years from
the date on which he assumes such office. Provided
that where he attains the age of 65 years before the
expiry of the said term of six years, he shall vacate
such office on the date on which he attains 65 years.
• Salary & Conditions of Service - The salary and
other conditions of service of the Comptroller and
Auditor-General shall be such as may be determined
by Parliament by law and, until they are so
determined, shall be as specified in the Second
Schedule.
ο The salary of a Comptroller and Auditor-General or
his rights in respect of leave of absence, pension or
age of retirement shall not be varied to his
disadvantage after his appointment.
• Bar on holding office after CAG ceases to hold
office - The Comptroller and Auditor-General shall
not be eligible for further office either under the
Government of India or under the Government of any
State after he has ceased to hold his office.
• Administrtative and other Expenses charged upon
CFI - The administrative expenses of the office of the
Comptroller and Auditor-General, including all
salaries, allowances and pensions payable to or in
respect of the persons serving in that office, shall be
charged upon the Consolidated Fund of India.
• Form of Accounts to be kept by CAG - The accounts
of the Union and of the States shall be kept in such
form as the President may on the advice of CAG
prescribe.
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• Removal of CAG - CAG shall only be removed from
office in like manner and on the like grounds as a
Judge of the Supreme Court as prescribed under
Article 124(4) of the Constitution.
Article 124(4) - A Judge of the Supreme Court shall not
be removed from his office except by an order of the
President passed after an address by each House of
Parliament supported by a majority of the total
membership of that House and by a majority of not less
than two-thirds of the members of that House present
and voting has been presented to the President in the
same session for such removal on the ground of proved
misbehaviour or incapacity.
• Duties and Powers of CAG – Article 149 - The
Comptroller and Auditor-General shall perform such
duties and exercise such powers in relation to the
accounts of the Union and of the States and of any
other authority or body as may be prescribed by or
under any law made by Parliament. Accordingly, the
Parliament has enacted The CAG’s (Duties, Powers
and Conditions of Service) Act, 1971. It specifies the
CAG’s duties and powers pertaining to government
accounts, audit of receipts and expenditures of three
tiers of the governments at the union, states and
urban and rural local bodies. Duties of C&AG includes
audit of public companies, autonomous bodies,
regulatory bodies and other public entities, where
there is a specific legislative provision to make CAG
audit mandatory in the acts by which these bodies
were created.
• Audit Reports - As per Article 151, the reports of the
Comptroller and Auditor General of India relating to
the accounts of the Union shall be submitted to the
President, who shall cause them to be laid before
each House of Parliament. The reports of the C&AG of
India relating to the accounts of a State shall be
submitted to the Governor of the State, who shall
cause them to be laid before the Legislature of the
State.
• Scrutiny of functions of CAG by Public Accounts
Committee - The Committee on Public Accounts
scrutinizes Appropriation Accounts of the
Government of India and the reports of the
Comptroller and Auditor General of India presented
to President of India under Article 151. PAC also
scrutinises reports of C&AG. While scrutinizing the
Reports of the C&AG on Revenues Receipts, the
Committee examines various aspects of
Government’s tax administration such as cases
involving under-assessments, tax-evasion, non-levy of
duties, misclassifications etc. PAC thus, identifies the
89

loopholes in the taxation laws and procedures and
makes recommendations in order to check leakage of
revenue.
THE INTERNATIONAL ORGANISATION OF SUPREME
AUDIT INSTITUTIONS - INTOSAI
• The International Organisation of Supreme Audit
Institutions (INTOSAI) operates as an umbrella
organisation for the external government audit
community.
• It provides an institutionalised framework for
supreme audit institutions to promote development
and transfer of knowledge, improve government
auditing worldwide and enhance professional
capacities, standing and influence of member SAIs in
their respective countries.
• Comptroller and Auditor General of India is
Supreme Audit Institution (SAI) of India.
• INTOSAI is an autonomous, independent and non-
political organisation. It is a non-governmental
organisation with special consultative status with the
Economic and Social Council (ECOSOC) of the United
Nations.
• INTOSAI was founded in 1953 at the initiative of
Emilio Fernandez Camus, then President of the SAI of
Cuba. At that time, 34 SAIs met for the 1st INTOSAI
Congress in Cuba. At present INTOSAI has 194 Full
Members, 5 Associate Members and 1 Affiliate
Member.
KINDS OF AUDITING
• Comptroller and Auditor General of India is Supreme
Audit Institution (SAI) of India. Audits done by SAI
India can be classified into 1. Compliance Audit 2.
Financial Audit 3. Performance Audit.
• Compliance Audit is sometimes called transaction
audit in which some selected transactions of an entity
for a particular financial year are chosen for audit
scrutiny. It is seen whether transactions done as per
rules and regulations, with proper sanctions and
whether it adheres to principles of financial propriety.
• Under Financial Audit, audit reports prepared by
various departments, statutory corporations,
government companies and other autonomous
bodies and authorities are checked for their veracity
and truthfulness and whether financial statements
are presented with adequate disclosures.
• Performance Audits seek to establish at what cost
and to what degree the policies, programmes and
projects are working. Performance audit, apart from
asking whether things are being done in the right way,
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goes a step further and analyses whether the right
things are being done. In addition to all the financial
audit checks, the Performance Audit seeks to assess
whether a programme, scheme or activity deploys
sound means to achieve its intended socio-economic
objectives.
►PROSECUTION & INQUIRY WING
OF LOKPAL NOT YET
CONSTITUTED
Almost six years after the Lokpal and Lokayuktas Act, 2013,
was enacted, several key provisions which are needed for
the anti-corruption ombudsman to function have still not
been operationalised. The process of constituting the
Lokpal’s inquiry and prosecution wings has not yet begun,
and regulations for how to conduct preliminary
investigations have not been made.
ABOUT LOKPAL & LOKAYUKTA ACT 2013
• The Lokpal & Lokayukta Act, 2013 provides for the
establishment of a body of Lokpal for the Union and
Lokayukta for States to inquire into allegations of
corruption against certain public functionaries.
• The Act provides for an Enquiry Wing and a
Prosecution Wing headed by their respective
Directors. The inquiry wing conducts preliminary
inquiry into any offence alleged to have been
committed by a public servant punishable under the
Prevention of Corruption Act, 1988.
• The Prosecution Wing headed by the Director can
file a case in accordance with the findings of
investigation report, before the Special Court for
prosecution of public servants in relation to any
offence punishable under the Prevention of
Corruption Act, 1988.
• Jurisdiction of the Lokpal Act includes offices of Prime
Minister, Ministers, members of Parliament, officers
belonging to Group A, B, C and D and officials of
Central Government.
INQUIRY ON RECEIPT OF COMPLAINT
• The Lokpal on receipt of a complaint, may order
preliminary inquiry against any public servant by
its Inquiry Wing or any agency including the Delhi
Special Police Establishment.
• A complaint under the Lokpal Act should be in the
prescribed form and must pertain to an offence
under the Prevention of Corruption Act against a
public servant.
90

• When a complaint is received, the Lokpal may order a
preliminary inquiry by its Inquiry Wing, or refer it for
investigation by any agency, including the CBI.
• In respect of public servants belonging to Group A
and Group B - shall submit its report to the Lokpal.
In case of public servants belonging to Group C and
Group D - the Commission shall proceed in
accordance with the provisions of the Central
Vigilance Commission Act, 2003.
• The Act also provides for creation of Special Courts
to hear and decide the cases arising out of the
Prevention of Corruption Act, 1988 or under the
Lokpal Act involving public servants.
• The Special Courts shall ensure completion of each
trial within a period of one year from the date of
filing of the case in the Court.
JURISDICTION OF LOKPAL
• Lokpal can make enquiries into allegations of
corruption against Prime Minister, Ministers,
members of Parliament, Groups A, B, C and D officers,
officials of Central Government, chairpersons,
members, officers and directors of any board,
corporation, society, trust or autonomous body either
established by an Act of Parliament or wholly or partly
funded by the Centre.
• It also covers any society or trust or body that
receives foreign contribution above Rs.10 lakh.
WHAT HAPPENS IF A CHARGE IS MADE AGAINST THE
PM?
• The Lokpal cannot inquire into any corruption charge
against the Prime Minister if the allegations are
related to international relations, external and
internal security, public order, atomic energy and
space, unless a full Bench of the Lokpal, consisting of
its chair and all members, considers the initiation of a
probe, and at least two-thirds of the members
approve it.
• Any such inquiry shall be held in camera and if the
Lokpal comes to the conclusion that the complaint
deserves to be dismissed, the records of the inquiry
shall not be published or made available to anyone.
EXPENSES OF LOKPAL TO BE CHARGED ON
CONSOLIDATED FUND OF INDIA
• The administrative expenses of the Lokpal, including
all salaries, allowances and pensions payable to or in
respect of the Chairperson, Members or Secretary or
other officers or staff of the Lokpal, shall be charged
upon the Consolidated Fund of India and any fees or
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other moneys taken by the Lokpal shall form part of
that Fund.
►NORTH-EASTERN COUNCIL
• NEC is the nodal agency for the economic and social
development of the North Eastern Region which
consists of the eight States of Arunachal Pradesh,
Assam, Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim and Tripura.
• NEC was constituted in 1971 through The North
Eastern Council Act, 1971 to act as an advisory body
in respect of socio-economic and balanced
development of the entire North Eastern Areas.
• NEC has been instrumental in providing a planned
and concentrated effort towards rapid development
of the region in all spheres of socio- economic life.
COMPOSITIONS OF NEC
It shall consist of the following
• The person or persons for the time being holding the
office of the Governor of the States
• Chief Ministers of the States of Arunachal Pradesh,
Assam, Manipur, Meghalaya, Mizoram, Nagaland,
Sikkim and Tripura
• Three members to be nominated by the President.
• The President may nominate a Union Minister to be a
member of the Council.
• The President shall nominate the Chairman of the
Council
• The President may, if he deems it necessary nominate
another member of the Council to act as Vice-
Chairman of the Council.
FUNCTIONS OF NEC
• The Council shall function as a regional planning body
for the north-eastern area.
• The Council shall review, from time to time, the
implementation of the projects and schemes included
in the regional plan and recommend measures for
effecting co-ordination among the Governments of
the States concerned in the matter of implementation
of such projects and schemes
• Recommend to the Government of the State
concerned or to the Central Government the
undertaking of necessary surveys and investigation of
projects in any State represented in the Council to
facilitate consideration of the feasibility of including
new projects in the regional plan.
• The Council shall review from time to time the
measures taken by the States represented in the
91

Council for the maintenance of security and public
order and recommend to the Governments of the
States concerned further measures necessary in this
regard.
►NATIONAL COMMISSION FOR
PROTECTION OF CHILD RIGHTS
National Commission for Protection of Child Rights
(NCPCR) has pulled up the Rajasthan government for its
new guidelines on elementary education that “violate”
the Right to Education Act, 2009 and deny children from
economically weaker sections the right to free education
in nursery classes.
ABOUT NATIONAL COMMISSION FOR PROTECTION OF
CHILD RIGHTS (NCPCR)
• The Commissions for Protection of Child Rights (CPCR)
Act, 2005 provides for a National and State
Commission for protection of Child Rights. NCPCR is a
statutory body under the administrative control of the
Ministry of Women & Child Development.
• The National Commission's Mandate is to ensure
that all Laws, Policies, Programmes, and
Administrative Mechanisms are in consonance with
the Child Rights perspective as enshrined in the
Constitution of India and also the UN Convention on
the Rights of the Child. The Child is defined as a
person in the 0 to 18 years age group.
FUNCTIONS OF NATIONAL COMMISSION
(a) Examine and review the safeguards provided by or
under any law for the protection of child rights and
recommend measures for their effective
implementation.
(b) Inquire into violation of child rights and
recommend initiation of proceedings in such cases
(c) Examine all factors that inhibit the enjoyment of
rights of children affected by terrorism, communal
violence, riots, natural disaster, domestic violence,
HIV/AIDS, trafficking, maltreatment, torture and
exploitation, pornography and prostitution and
recommend appropriate remedial measures
(d) Address matters of children in need of special
care and protection including children in distress,
marginalized and disadvantaged children, children in
conflict with law, juveniles, children without family
and children of prisoners and recommend
appropriate remedial measures;
(e) Study treaties and other international
instruments and undertake periodical review of
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existing policies, programmes and undertake and
promote research in the field of child rights.
(f) Spread child rights literacy and promote
awareness of the safeguards available for
protection of these rights through publications, the
media, seminars and other available means
(g) Inspect any juvenile custodial home or any other
place of residence or institution meant for
children under government authority including any
institution run by a social organisation; where
children are detained or lodged for the purpose of
treatment, reformation or protection.
(h) Inquire into complaints and take suo motu notice
of matters relating to –
(i) deprivation and violation of child rights;
(ii) non-implementation of laws providing for
protection and development of children;
(iii) non-compliance of policy decisions, guidelines or
instructions aimed at mitigating hardships to and
ensuring welfare of the children and to provide
relief to such children, or take up the issues
arising out of such matters with appropriate
authorities; and
POWER OF COMMISSION RELATING TO INQUIRIES
• The Commission shall, while inquiring into any matter
of children shall have all the powers of a Civil Court
trying a suit under the Code of Civil Procedure, 1908
in respect of the following matters, namely —
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from
any court or office; and
(e) issuing commissions for the examination of
witnesses or documents.
ANNUAL REPORT & SPECIAL REPORT OF THE
COMMISSION
• The Commission submits an annual report to the
Central Government and to the State Government
concerned and may submit Special Reports on any
matter of urgent necessity whenever necessary.
• The Central Government and the State Government
concerned shall cause the annual and special reports
of the Commission to be laid before each House of
Parliament or the State Legislature respectively.
THE ACT PROVIDES FOR CHILDREN’S COURT
92

• For the purpose of providing speedy trial of offences
against children or of violation of child rights, the
State Government may, with the concurrence of the
Chief Justice of the High Court, by notification, specify
at least a court in the State or specify, for each district,
a Court of Session to be a Children's Court to try
offences against children.
• Special Public Prosecutor - For every Children's
Court, the State Government shall, by notification,
specify a Public Prosecutor or appoint an advocate
who has been in practice as an advocate for not less
than seven years, as a Special Public Prosecutor for
the purpose of conducting cases in that Court.
►NATIONAL GREEN TRIBUNAL
National Green Tribunal Act establishes the National
Green Tribunal for the effective and expeditious disposal
of cases relating to environmental protection and
conservation of forests and other natural resources
including enforcement of any legal right relating to
environment and giving relief and compensation for
damages to persons and property. The Tribunal shall not
be bound by the procedure laid down under the Code of
Civil Procedure, 1908, but shall be guided by principles
of natural justice. NGT was setup as per
recommendations of the Supreme Court, Law
Commission and India’s international law obligations to
develop national laws on environment and implement
them effectively. The Tribunal’s orders are binding and it
has power to grant relief in the form of compensation
and damages to affected persons.
ESTABLISHMENT OF NGT
• NGT has been established for -
ο effective and expeditious disposal of cases relating
to environmental protection and conservation of
forests and other natural resources
ο including enforcement of any legal right relating to
environment and
ο giving relief and compensation for damages to
persons and property
• NGT is a specialized body equipped with the
necessary expertise to handle environmental disputes
involving multi-disciplinary issues.
• The Tribunal's dedicated jurisdiction in environmental
matters shall provide speedy environmental justice
and help reduce the burden of litigation in the higher
courts.
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• The Tribunal is mandated to make and endeavour for
disposal of applications or appeals within 6 months of
filing of the case.
• New Delhi is the Principal Place of Sitting of the
Tribunal and Bhopal, Pune, Kolkata and Chennai shall
be the other four place of sitting of the Tribunal.
• NGT is mandated to make and endeavour for disposal
of applications or appeals finally within 6 months of
filing of the same.
JURISDICTION OF NGT
The Tribunal shall have the jurisdiction over all civil cases
where a substantial question relating to environment
including enforcement of any legal right relating to
environment, is involved and such question arises out of
the implementation of the enactments specified in
Schedule I.
SCHEDULE – I
1. The Water (Prevention and Control of Pollution) Act,
1974; 2.
2. The Water (Prevention and Control of Pollution) Cess
Act, 1977;
3. The Forest (Conservation) Act, 1980;
4. The Air (Prevention and Control of Pollution) Act,
1981;
5. The Environment (Protection) Act, 1986;
6. The Public Liability Insurance Act, 1991;
7. The Biological Diversity Act, 2002.
NGT through its judgments may provide relief and
compensation to the victims of pollution and other
environmental damage arising under the enactments
specified in the Schedule I (including accident occurring
while handling any hazardous substance), for restitution
of property damaged and for restitution of the
environment for such area or areas.
►GOVERNMENT APPOINTS 22ND
LAW COMMISSION
The Union Cabinet, chaired by the Prime Minister has
nd
approved constituting India’s 22 Law Commission for a
period of three years. The Law Commission on a
reference made by the Central Government or suo-
motu, undertakes research in law, review of existing
laws in India for making reforms and suggest to enact
new legislations. It also undertake studies and research
for bringing reforms in the justice delivery systems for
elimination of delay in procedures, speedy disposal of
cases, reduction in cost of litigation etc.
93

ABOUT LAW COMMISSION
• The Commission was originally constituted in 1955
and is re-constituted every three years.
• The tenure of the 20th Law Commission was upto
31st August, 2015.
• Constitution of India does not provide for creation
of Law Commission of India and hence, it is not a
constitutional body.
• Constitution of Law Commission is not done under
any legislation and hence, it is a non-statutory body.
• It is constituted through a government order and
hence, it is created through an executive order.
• The Reports of the Law Commission are considered
by the Ministry of Law and Justice in consultation with
the concerned administrative Ministries and are
submitted to Parliament from time to time.
• The reports of Law Commission are cited in Courts, in
academic and public discourses and are acted upon
by concerned Government Departments depending
on the Government's recommendations.
• After independence, the first law commission was
constituted for a period of three years from 1955-
1958 under the Chairmanship of Mr. M. C. Setalvad.
IMPORTANT FUNCTIONS TO BE PERFORMED BY 22ND
LAW COMMISSION
(i) Identify laws which are no longer needed or relevant
and can be immediately repealed.
(ii) Examine the existing laws in the light of Directive
Principles of State Policy and suggest ways of
improvement and reform.
(iii) Suggest such legislations as might be necessary to
implement the Directive Principles and to attain the
objectives set out in the Preamble of the
Constitution.
(iv) Consider and convey to the Government its views on
any subject relating to law and judicial administration
that may be referred to it by Department of Legal
Affairs.
(v) Consider requests for providing research to any
foreign countries as may be referred to it by the
Government through Department of Legal Affairs.
(vi) Take all such necessary measures to harness law and
the legal process in the service of the poor.
(vii)Suggest revision of Central Acts of general
importance to simplify and also remove anomalies,
ambiguities and inequities.
MEMBERS OF LAW COMMISSION
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The 22nd Law Commission will be constituted for a
period of three years from the date of publication of its
Order in the Official Gazette. It will consist of:
(i) a full-time Chairperson;
(ii) four full-time Members (including Member-
Secretary)
(iii) Secretary, Department of Legal Affairs as ex-
officio Member;
(iv) Secretary, Legislative Department as ex officio
Member; and
(v) not more than five part-time Members.
CERTAIN RECOMMENDATIONS
• As of now, the law commission is neither a
permanent body nor a statutory body.
• In 2015, a proposal was mooted to make the law
panel into a permanent body either through an Act of
Parliament or an executive order (resolution of the
Union Cabinet).
• However, the move was shelved after the Prime
Minister’s Office felt that the present way of
constituting the Law Commission should continue.
• Even in 2010, the then UPA government also had
prepared a draft Cabinet note to give statutory
status to the Law Commission and in this regard, the
Law Ministry had mooted to bring the Law
Commission of India Bill, 2010. But the idea was
shelved.
►NATIONAL DIGITAL HEALTH
MISSION
As part of Independence Day Speech, Prime Minister
Narendra Modi unveiled the National Digital Health
Mission (NDHM) where every Indian will get a Health
Identity Card which will have health details of all Indians.
VISION & AIM OF NATIONAL DIGITAL HEALTH
MISSION (NDHM)
• Create a national digital health ecosystem which
provides timely and efficient access to inclusive,
affordable, and safe healthcare to all citizens.
• NDHM will significantly improve the efficiency,
effectiveness, and transparency of health service
delivery and will be a major stride towards
achievement of the United Nations Sustainable
Development Goal 3 of Universal Health Coverage.
• Every Indian citizen will get a Health ID which will be a
repository of all health-related information of a
person such as medical tests, previous prescriptions,
diagnosis, treatments, all historical health records etc.
94

All these records will be stored in a common database
through a single National Health Identity Card.
• The National Digital Health Mission includes health ID,
digidoctor, telemedicine, e-pharmacy, healthcare
registry and personal health records digitally stored.
CREATION OF AN INTEGRATED HEALTH
INFRASTRUCTURE
• Integration of health care activities - National
digital health mission is holistic and voluntary
healthcare programme which will integrate doctors,
hospitals, pharmacies, insurance companies to create
a digital health infrastructure.
• Core Building Blocks - The core building blocks of
NDHM such as Health ID, Digi-Doctor and Health
Facility Registry shall be owned, operated and
maintained by the Government of India.
• Health ID to have Details - Every Health ID will
create health account of citizens which will contain
health details of citizens like blood test reports, report
on every disease, visits of the doctor, medicines taken
as well the diagnosis provided by the doctor. The
Health ID card will be created with details like Aadhar,
mobile number and generate unique ID for each
individual.
• Portable Information - According to the
government, these informations will be very useful as
it is portable and easily accessible even if the patient
shifts to new place or visits a new doctor.
• Private Sector Involvement - Private stakeholders
will have an equal opportunity to integrate with these
building blocks and create their own products.
However, core activities and verifications, for
example, generation of Health ID or approval of a
doctor/facility shall remain with the government.
IDEA OF NDHM BASED ON NITI AAYOG’S 2018 REPORT
ON NATIONAL HEALTH STACK (NHS)
• The National Health Stack (NHS) is a visionary digital
framework of NITI Aayog which can be used both by
the centre and state governments across public and
private sectors. The document was released by NITI
Aayog in July2018.
• NHS represents a holistic platform that supports a
multitude of health verticals and their different
branches and is capable of integrating future IT
solutions for the health sector.
• With increasing use of cutting age technology and
Artificial Intelligence in the health sector, it is
important to digitise and store health records of all
citizens.
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• National Health Stack (NHS) is a digital infrastructure
built with a deep understanding of the structures
prevalent in the Indian healthcare ecosystem.
• So, National Health Stack is a set of building blocks
which are essential in implementing digital health
initiatives which would be built as a Common Public
Good to avoid duplication of efforts and successfully
achieve convergence.
KEY COMPONENTS OF NATIONAL HEALTH STACK
• National Health Electronic Registries: to create a
single source of truth for and manage Master Health
Data of the country.
• A Coverage and Claims platform: building blocks to
support large health protection schemes, enable
horizontal and vertical expansion of PM Rashtriya
Swasthya Suraksha Mission (PMRSSM) - RSSM by
states and robust fraud detection.
• A Federated Personal Health Records (PHR)
Framework: to solve twin challenges of access to
their own health data by patients and availability of
health data for medical research, critical for
advancing our understanding of human health.
• A National Health Analytics Platform: to bring a
holistic view combining information on multiple
health initiatives and feed into smart policy making,
for instance, through improved predictive analytics.
• Other horizontal Components: including, and not
restricted to, unique Digital Health ID, Health Data
Dictionaries and Supply Chain Management for
Drugs, payment gateways etc shared across all health
programs.
►THE URBAN LEARNING
INTERNSHIP PROGRAM – TULIP
Ministry of Housing & Urban Affairs (MoHUA) , and All
India Council for Technical Education (AICTE) have jointly
launched an online portal for “The Urban Learning
Internship Program (TULIP)”. It is a program to provide
internship opportunities to fresh graduates in all Urban
Local Bodies (ULBs) and Smart Cities across India. As
States & UTs have a deeper understanding of the
regional challenges and opportunities at the urban level,
they can effectively implement TULIP by matching their
needs with skills developed through such internships.
BENEFITS TO LAUNCH TULIP
• TULIP has been conceived pursuant to the Budget
2020-21announcement by the Finance Minister under
the theme ‘Aspirational India’.
95
 ORGANISATION / BODIES / SCHEMES IN NEWS
• Budget Announcement: “The Government proposes to ►PRASAR BHARATI
start a program whereby the urban local bodies across
Prasar Bharati in a letter to Press Trust of India (PTI)
the country would provide internship opportunities to
has expressed displeasure over the kind of reporting
fresh engineers for a period up to one year.” TULIP will
done by the agency as PTI carried an interview with
help reap the benefits of India’s demographic
Chinese ambassador Sun Weidong, where the Chinese
dividend as it is poised to have the largest working-
Ambassador blamed India for the India-China violent
age population in the world in the coming years.
standoff. According to Prasar Bharati, PTI’s recent
• Exposure of technical graduates - India has a coverage was “detrimental to national interest” and
substantial pool of technical graduates for whom
undermined India’s “territorial integrity”.
exposure to real world project implementation and
planning is essential for professional development. PRESS TRUST OF INDIA (PTI)
General education may not reflect the depth of • PTI is headquartered in the national capital, PTI, the
productive knowledge present in society. Instead of largest news agency in India, is a non-profit
approaching education as ‘doing by learning,’ our cooperative among more than 500 Indian
societies need to reimagine education as ‘learning by newspapers.
doing.’ • PTI took over the operations of the Associated Press
• Creating Potential Talent Pool - TULIP would help of India from Reuters after India's independence in
enhance the value-to-market of India’s graduates and 1947.
help create a potential talent pool in diverse fields like • PTI is a non-profit trust and is run by a Board of
urban planning, transport engineering, environment, Directors with the Chairmanship going by rotation at
municipal finance etc. thus not only catalyzing the Annual General Meeting.
creation of prospective city managers but also
• The day-to-day administration and management of
talented private/ non-government sector
PTI is headed by the Chief Executive Officer.
professionals.
PRASAR BHARATI
• Benefiting ULBs & SMART Cities - TULIP would
• Prasar Bharati, which is the Broadcasting
benefit ULBs and smart cities immensely. TULIP- “The
Corporation for India is a statutory autonomous
Urban Learning Internship Program” would help fulfill
body established under the Prasar Bharati
twin goals of providing interns with hands-on learning
(Broadcasting Corporation of India) Act, 1990 and
experience as well as infusing fresh energy and ideas
came into existence in November 1997. It is the Public
in the functioning of India’s ULBs and Smart Cities.
Service Broadcaster of the country.
• Fresh Ideas by Youth Engagement -It will lead to
• The objectives of public service broadcasting are
infusion of fresh ideas and energy with engagement
achieved in terms of Prasar Bharati Act through All
of youth in co-creation of solutions for solving India’s
India Radio and Doordarshan, which earlier were
urban challenges. More importantly, it will further
working as media units under the Ministry of
Government’s endeavours to boost community
Information & Broadcasting and since November
partnership and government - academia-industry-civil
1997 have became constituents of Prasar Bharati.
society linkages.
THE PRASAR BHARATI (BROADCASTING
MEMORANDUM OF UNDERSTANDING (MOU) SIGNED
CORPORATION OF INDIA) ACT, 1990
FOR TULIP
• The Act provides for the establishment of
• An MoU has also been signed between MoHUA and
Broadcasting Corporation for India, to be known as
AICTE which lays down roles and responsibilities of
Prasar Bharati, to define its composition, functions
AICTE and MoHUA over a period of 5 years.
and powers.
• Technical support for the platform shall be anchored
• The Corporation shall be a body corporate having
by AICTE and the programmatic non-technical
perpetual succession and a common seal with power
support shall be anchored by MoHUA.
to acquire, hold and dispose of both movable and
• A Steering Committee under the Chairmanship of immovable property.
Secretary, HUA including Chairman AICTE and other
• The general superintendence, direction and
officials from MoHUA and AICTE has also been
management of the affairs of the Corporation shall
constituted to review the progress of the program on
vest in the Prasar Bharati Board which may exercise
a periodical basis.

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96

all such powers and do all such acts and things as
may be prescribed under the Act.
ALL INDIA RADIO
• As India’s National Broadcaster and also the premier
Public Service Broadcaster, All India Radio (AIR) has
been serving to inform, educate and entertain the
masses since it's inception, truly living up to its motto
– ‘Bahujan Hitaya : Bahujan Sukhaya’.
• AIR is one of the largest broadcasting organisations in
the world in terms of the number of languages of
broadcast, the spectrum of socio-economic and
cultural diversity it serves.
• It is important to know about AIR also because the
Prime Minister broadcasts his monologue “Man Ki
Baat” where he uses radio as a medium to address
various social issues of our society.
DOORDARSHAN - DIVISION OF PRASAR BHARATI
• Doordarshan is an Indian public service broadcaster,
a division of Prasar Bharati. Doordarshan has a three
tier programme services – National, Regional and
Local.
• The National programmes emphasises on events and
issues of interest to the entire nation. These
programmes includes news, current affairs, magazine
programmes and documentaries on science, art,
culture, environment, social issues, serials, music,
dance, drama and feature films.
• State and Local programmes caters respectively to
the issues of the states and local areas and its people.
►DEVELOPMENT AND WELFARE
BOARD FOR DE-NOTIFIED,
NOMADIC AND SEMI-NOMADIC
TRIBES
Amongst the most disadvantaged communities in the
country are the Denotified, Nomadic and Semi-Nomadic
Communities (DNCs). These communities are hard to
reach, less visible, and therefore frequently left out.
While most Denotified Tribes (DNTs) are spread across
the Scheduled Castes (SC), Scheduled Tribes (ST) and
Other Backward Classes (OBC) categories, some DNTs
are not covered in any of the SC, ST or OBC categories.
Ministry of Social Justice and Empowerment has
therefore notified in March, 2019 to constitute
Development and Welfare Board for Denotified,
Nomadic and Semi-Nomadic Communities chaired by
Sh. Bhiku Ramji Idate. The Ministry has now come up
with the Terms of Reference for the Board.
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BACKGROUND – REASON FOR SETTING OF A
SEPARATE BOARD FOR DNTs
• The Government in July 2014 had constituted
National Commission for Denotified, Nomadic and
Semi-Nomadic Tribes (NCDNT) for a period of three
years to prepare a State-wise list of castes belonging
to Denotified and Nomadic Tribes and to suggest
appropriate measures in respect of Denotified and
Nomadic Tribes that may be undertaken by the
Central Government or the State Government.
• The Commission recommended for the setting of
up a Permanent Commission for these
communities.
• However, the government did not set up a
Permanent Commission for these communities
because most of the Denotified Tribes (DNTs) were
covered in SC, ST or OBC.
• Permanent Commission in conflict with SC/ST/OBC
Commission - According to government, setting of
such permanent commission while looking into their
grievance redressal might be in conflict with mandate
of existing National Commissions for SCs, STs and
OBCs.
• Thus, the government decided to set up a
Development and Welfare Board under the
Societies Registration Act, 1860 under the aegis of
Ministry of Social Justice and Empowerment for the
purpose of implementing development and welfare
programmes for Denotified, Nomadic and Semi-
nomadic Communities.
• The Union Cabinet chaired by Prime Minister had
accordingly given its approval to constitute
Development and Welfare Board for Denotified,
Nomadic and Semi-nomadic Communities.
TERMS OF REFERENCE OF THE BOARD
• To formulate and Implement Welfare and
Development programme as required, for De-
notified, Nomadic and Semi-Nomadic Communities.
• To identify the locations/areas where these
communities are densely populated.
• To assess and identify gaps in accessing existing
programmes and entitlements and to collaborate
with Ministries/Implementing agencies to ensure that
ongoing programmes meet the special requirements
of De-notified Nomadic and Semi-Nomadic
Communities.
• To monitor and evaluate the progress of the schemes
of Government of India and the States/UTs with
97

reference to De-notified Nomadic and Semi-Nomadic
Communities.
• To redress the grievances of DNTs communities and
fulfill their expectations.
OTHER ACTIVITIES TAKEN UP BY THE GOVERNMENT
FOR THE DEVELOPMENT OF NCTs
• Development and Welfare Board for De-notified,
Nomadic and Semi-Nomadic Communities
(DWBDNCs) have been working on classification of
269 communities which are currently not classified
under SC/ST/OBC/Other communities.
• Further NITI Aayog has assigned the task of
ethnographic survey of 62 tribes to the
Anthropological Survey of India (AnSI) to conduct the
studies of these communities in different parts of the
country.
• The following schemes are being implemented by
State Government/UT Administrations for the DNTs
ο Pre-Matric Scholarship to DNT Students
ο Post-Matric Scholarship to DNT Students
ο Nanaji Deshmukh Scheme of Construction of
Hostels for DNT Boys and Girls
►CENTRE SET UP COMMISSION TO
TACKLE NCR POLLUTION
Central Government through an Ordinance promulgated
under Article 123 has constituted a permanent body
“Commission for Air Quality Management in the National
Capital Region (NCR) and Adjoining Areas” comprising 18
Members. The Commission shall address issues of
better co-ordination, research, identification and
resolution of problems surrounding the air quality index
of NCR and adjoining states.
JURISDICTION
• The Commission is to have exclusive jurisdiction over
the NCR, including areas in Haryana, Punjab, Uttar
Pradesh and Rajasthan in matters of tackling
pollution.
• The Central Pollution Control Board and its State
branches have the powers to implement provisions of
the Environment (Protection) Act for air, water and
land pollution.
• Commission's writ will prevail specific to matters
concerning air pollution in case of dispute or a clash
of jurisdictions.
• The Commission will supersede all the other bodies
and authorities formed through judicial orders or
otherwise on the aspect of air quality management
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and this commission will have "exclusive jurisdiction"
in this domain.
• Commission's orders will prevail in case of any
conflict between orders and directions passed by this
commission and by State governments.
SUB-COMMITTEES
• The Commission shall have at least the following sub-
committees
(i) Sub-Committee on Monitoring and Identification
(ii) Sub-Committee on Safeguarding and
Enforcement
(iii) Sub-Committee on Research and Development
POWERS OF THE COMMISSION
• The Commission will be empowered to issue
directions to control air pollution and take cognizance
of complaints. The Commission can regulate or
prohibit activities that are likely to cause or increase
air pollution in NCR and adjoining states.
• The Commission can lay down parameters of air
quality.
• The Commission can lay down restrictions or
safeguards for industrial operation affecting air
quality.
• The Commission shall have power to inspect any
premises including plant, equipment, machinery,
manufacturing or other process impacting Air Quality.
• The commission will also have the authority to slap
fines and will be responsible for laying down
parameters to curb emissions and keep air quality
under control.
• The Commission can appoint officers with the prior
approval of Central Government and empower them
to tackle air pollution and take requisite steps.
• Offence under this Ordinance shall be Non-
Cognizable and shall be tried by a Judicial Magistrate
of the First Class.
• Penalty - Any contravention or non-compliance of
directions issued by the Commission shall be an
offence punishable with imprisonment for a term
which may extend upto 5 years or with fine which
may extend upto Rs. 1 crore or both.
FUNCTIONS TO BE PERFORMED BY THE COMMISSION
(a) To take up matters suo motu or on the basis of
complaints made by individuals, representative
body or organisation working in the field of
environment against any individual, association,
98

company, public undertaking or local body carrying
on any industry, operation or process
(b) Provide mechanism and the means to implement
in the National Capital Region and Adjoining
Areas
(i) The National Clean Air Programme
(ii) National Air Quality Monitoring Programme
(iii) National Ambient Air Quality Standards
(c) Provide an effective framework and platform in
the National Capital Region and Adjoining Areas
for –
(i) Source identification of air pollutants on
periodic basis
(ii) Taking on-ground steps for curbing air pollution
(iii) Specific research and development in the field of
air pollution
(iv) Synergizing the energies and efforts of all
stakeholders in developing innovative ways to
monitor, enforce and research on issues
concerning air pollution
(v) Building a network between technical
institutions working or researching in the field of
air pollution.
(vi) International co-operation including sharing of
best practices in the field of air pollution.
(vii) Training and creating a special work force to
tackle problem of air pollution
(d) Provide an effective framework, action plan and
take appropriate steps for
(i) Tackling the problem of stubble burning
(ii) Monitoring, assessing and inspecting air
pollution agents
(iii) Increasing plantations
(e) Monitoring measures taken by States to prevent
Stubble Burning
(f) Promote awareness about the perils of air
pollution on health among various sections of the
society.
(g) Encourage the efforts of NGOs and institutions
working in the field of air pollution.
►NATIONAL EDUCATIONAL
POLICY, 2020
In May, 2019, the Committee led by the Chairman Dr.
Kasturirangan submitted the Draft National Educational
Policy to the Ministry of Human Resource and
Development (MHRD). Last month, the Union Cabinet
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chaired by the Prime Minister has approved
the National Education Policy 2020.
About NEP, 2020
• The new NEP 2020 seeks to introduce and implement
a sea of changes across all levels of education in India,
including the essential understanding of education in
the country. It also seeks to implement changes in
the way the facilitators of such education –
schools, colleges and teachers – are trained and how
they approach education.
• The policy is based on the pillars of “access, equity,
quality, affordability, accountability” and will
a transform India into a “vibrant knowledge hub”.
REFORMS IN STRUCTURE & CURRICULUM OF SCHOOL
EDUCATION
• The NEP 2020 suggests a slew of reforms to school
education, with a focus on flexibility of subjects and
eliminating silos between streams of learning.
Another goal of the NEP is to achieve 100 percent
Gross Enrolment Ratio in preschool to secondary
level by 2030.
• First off, the NEP changes the existing 10+2
structure of school education to a 5+3+3+4, covering
children between the ages of 3-18.
• This structure, when broken up into corresponding
grades, is:
ο The foundation stage is three years of anganwadi
or preschool + two years in primary school in
grades 1-2 covering ages 3 to 8 years
ο The ‘preparatory stage’ covering ages 8 to 11
years or grades 3-5
ο The ‘middle stage’ covering ages 11 to 14 years or
grades 6-8
ο The ‘secondary stage’ covering ages 14 to 18
years in two phases – grades 9-10 in the first and
grades 11-12 in the second
• The NEP aims to reduce the curriculum content to
its core essentials, focussing on key concepts and
ideas in order that children are able to practice more
critical thinking and among other things, more
analysis-based learning.
• The NEP also states that there will be no hard
separation among ‘curricular’, ‘extra-curricular’, or
‘co-curricular’ areas, among ‘arts’, ‘humanities’, and
‘sciences’, or between ‘vocational’ or ‘academic’
streams. During grades 6-8, students will be required
to take a course which will provide hands-on
experience of a number of important vocational crafts
as well.
99

• In fact, children will also be given increased
flexibility in the choices of subjects they wish to
study, especially in the secondary stage.
CHANGES TO EXAMINATIONS & FOCUS ON
MULTILINGUALISM IN SCHOOLS
• The policy also aims to promote multilingualism
and a learning of native languages. There will also
be reforms to the assessment system.
• According to the policy, board exams will be made
‘easier’, testing ‘primarily core
capacities/competencies’ rather than rote learning.
• The NEP will implement standardised school exams
to be taken in grades 3, 5 and 8 in order to track
progress of education throughout school years
rather than just at the end.
• One of the biggest changes the NEP seeks to bring
about is a focus on languages in school.
• According to the policy, wherever possible, “the
medium of instruction until at least grade 5, but
preferably till grade 8 and beyond, will be the
home language/ mother tongue/local
language/regional language”, to be followed in both
public and private schools.
• The policy will also implement the three-language
formula, but with some flexibility and without
imposing any language on a state.
• Essentially, it means that students will learn three
languages, based on the states, regions and the
choice of the students themselves, as long as at least
two of the three languages are native to India.
• One of the languages offered in this three-language
formula will be Sanskrit. The latter will be offered at
all levels of school and higher education, as will other
classical languages such as Tamil, Telugu, Kannada,
Malayalam, Odia, Pali, Persian, and Prakrit.
• Foreign languages such as Korean, Japanese, Thai,
French, German, Spanish, Portuguese, and Russian,
will also be offered at the secondary level, the policy
states.
REFORMING TRAINING OF TEACHERS
• The policy not only aims to transform education but
also to improve the skills of those facilitating that
education – teachers.
• Teachers will also be offered local, regional, state,
national, and international workshops as well as
online teacher development modules so that they are
able to improve their skills and knowledge.
• The policy states that by 2030, teacher education
will be moved into multidisciplinary universities,
and by the same year, the minimum degree
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qualification for teaching will be a four-year
integrated BEd.
REFORMS IN THE HIGHER EDUCATION SYSTEM
• A goal of the NEP is also to increase the Gross
Enrolment Ratio in higher education, including
vocational education from 26.3 percent as of 2018 to
50 percent by 2035.
• One of the main aims of NEP is to overhaul the
fragmented nature of India’s existing higher
education system and instead bring together higher
education institutions (HEIs) into large
multidisciplinary universities, colleges, and HEI
clusters/knowledge hubs.
• One change that the NEP brings about is that the
undergraduate degree will be of either a three or
four-year duration, with multiple exit options within
this period, with appropriate certifications for those
dropping out at a certain point in the course. HEIs will
also be able to offer masters courses of different
designs, based on the undergraduate degree of the
student.
• The MPhil programme has been discontinued by
the NEP 2020.
• The NEP is seeking to implement is an “Academic
Bank of Credit (ABC)”, which will be able to digitally
store academic credits earned from various
recognised HEIs. This will allow degrees from an HEI
to be awarded taking into account credits earned.
• While the NEP states that a system of granting graded
autonomy based on accreditation will be adopted for
colleges, eventually, the aim is to transform them
into an autonomous degree-granting college, or a
constituent college of a university.
• A change has also been to the regulatory system,
with the National Higher Education Regulatory
Council (NHERC) set to function as one single
regulator for the higher education sector, including
teacher education, but excluding medical and legal
education.
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Section-5
MPORTANT
EGISLATIONS
►THE UNLAWFUL ACTIVITIES
(PREVENTION) AMENDMENT ACT,
2019
A total of 3,005 cases were registered in the country
under anti-terror law Unlawful Activities (Prevention) Act
(UAPA) in 2016, 2017 and 2018, and 3,974 people were
arrested under the Act. According to information
received from the NCRB, there are 232, 272 and 317
cases, wherein charge sheets have been filed under the
UAPA in 2016, 2017 and 2018, respectively.
ABOUT UAPA
Unlawful Activities (Prevention) Act, 1967 (also
referred as UAPA) has mentioned about unlawful
associations, punishment for terrorist activities including
defining terrorist act (section 15), offences by
companies, forfeiture of proceeds of terrorism or any
property intended to be used for terrorism, listing of
terrorist organisation under Schedule I of the Act and
constituting Unlawful Activities (Prevention) Tribunal
under section 5 and Three Schedule.
• Schedule I – List of Terrorist Organisation
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• Schedule II – International Conventions and
Protocols to curb and suppress terrorism
• Schedule III – It provides security features to define
high quality counterfeit Indian currency notes which
includes watermark, latent image and see through
registration in currency notes
• Schedule IV – Name of Individuals – Added by 2019
Amendment
CHANGES MADE THROUGH 2019 AMENDMENT
• Chapter VI of UAPA 1967 is about “Terrorist
Organisation”. 2019 Amendment has changed the
chapter to “Terrorists Organisations and
Individuals”.
• Section 36 of the original Act provides for
“Denotification of terrorist organisation”. The 2019
Amendment adds the word “Individual” along with
terrorist organisation.
• Accordingly, the 2019 Amendment adds a new
schedule namely Fourth Schedule providing names of
individual terrorists.
• Section 25 of UAPA 1967 provided for “Powers of
investigating officer and designated authority and appeal
against order of designated authority”. The 2019
101

Amendment adds - “Investigation to be conducted by
an officer of the National Investigation Agency, with
the prior approval of the Director General of
National Investigation Agency”.
• Section 43 of UAPA 1967 provided for Officers
competent to investigate offences. The 2019
Amendment provides investigative powers to
National Investigation Agency below the rank of
Inspector.
• In the Second Schedule, International Convention for
Suppression of Acts of Nuclear Terrorism (2005) has
been added.
PURPOSE OF THE 2019 AMENDMENT MADE TO UAPA
• Object of amendment is to facilitate speedy
investigation and prosecution of terror offences
by empowering National Investigative Agencies
(NIA) and designating an individual as terrorist in
line with the international practices.
• The Home Minister elaborated in Parliament that
Amendment made to UAPA will not be misused
against any individual unless individuals including
Urban Maoists engage in terrorist activities against
the security and sovereignty of India.
• When National Investigative Agency (NIA) takes up a
case having international and inter-state
ramifications, all the facts pertinent to the case are
with the NIA, and not with the state police.
• Previously under the 1967 UAPA law, it required that
NIA take prior permission from the respective state DGPs
to start investigation in terror cases. This delayed the
investigation process and allowed the accused to hide
their traces or activities.
• The 2019 amendment also gives powers to DG, NIA
to attach properties acquired from proceeds of
terrorism.
• Earlier, under section 43 of UAPA, an officer not
below the rank of DSP or equivalent was competent
to investigate offences under UAPA. Amendment to
section 43 has made the Inspectors of NIA
competent to investigate offences punishable under
UAPA.
• The Act defines terrorist acts to include acts
committed within the scope of any of the treaties
listed in Second Schedule to the Act. The Second
Schedule earlier listed Nine treaties.
• The Amendment has added tenth treaty to the list
namely The International Convention for
Suppression of Acts of Nuclear Terrorism (2005).
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IMPORTANT LEGISLATIONS
►PREVENTION OF CORRUPTION
ACT, 2018
The Amendment Act attempted to bring the Prevention
of Corruption Act, 1988 in line with United Nations
Convention against Corruption 2005, which was ratified
by India in 2011.
SIGNIFICANCE OF THE AMENDMENT MADE TO PCA
The Amendment Act can be considered as a positive
development in respect of anti-graft regime as -
• Defined Undue Advantage - means any gratification
whatever, other than legal remuneration. Gratification
also includes non-monetary compensation.
• Specified timeline for completion of corruption
cases by a Special Judge within 2 years. Extension
allowed for 6 months in writing. Trial cannot exceed 4
years.
• Modified and enhanced the definitions and
penalties for offences related to accepting an undue
advantage, being a habitual offender and abetting an
offence.
• Facilitate bold policymaking - Under the
Amendment Bill now, the threshold of intent needs to
be mala fide, or the intent to commit a crime. Criminal
misconduct in the Amendment Bill has been
unambiguously defined. There are now just two
forms of criminal misconduct as opposed to the
earlier five forms.
• Protection to honest officials irrespective of their
ranks or levels - Except when a public official is
caught ‘redhanded', the police cannot begin a probe,
without the approval of the relevant authority, of any
public official. Earlier, this was limited to protecting
joint secretaries and above.
• Protects former officers - Earlier, the sanction
requirement only applied to serving officials. This has
now been extended to prosecution for offences
allegedly committed by former officials when in office.
• Provides punishment for ‘Commercial
Organizations’, - if any member of CO promises to
give any undue advantage to a public servant
intending to obtain or retain business for such CO or
obtain or retain an advantage in the conduct of
business for such commercial organisation.
• Increased Punishment for abatement of offences
by Public Servants and punishment for Habitual
Offenders.
102

• Amendment provides for attachment or
confiscation of money or property procured by
means of offence under Prevention of Corruption Act.
DESPITE BRINGING ABOUT THE MUCH-NEEDED
CHANGES, THE AMENDMENT ACT HAS CREATED
ADDITIONAL HURDLES
• Strengthened Corrupt Officers as prior sanction
from the government necessary to initiate
investigation into graft - While the intent was to
prevent victimisation of honest officers, the
Amendment Act seemingly strengthens the shield
available to officials accused of corruption.
• Demand of illegal gratification was no longer a
necessary ingredient for the offence of criminal
misconduct.
• No punitive measures provided if cases not
completed within the given timeframe or if charge
sheet not filed by police within reasonable time. This
might aid corruption and protect tainted officials.
• Difficult to prove non-involvement of CO in
bribing public officials as the company must prove
that it has adequate compliance procedures and
safeguards which are not defined in the Amendment.
• Above difficulty for corporates will help public
servants to cover their illegal graft.
• Quantum of fine for commercial organisations
have not been specified - The Rules, when formed
and notified by the Central Government, should
provide specifics on the authority to whom a potential
bribe giver may report in advance of execution of a
potential act of bribery within the stipulated time
frame.
►THE PROTECTION OF CHILDREN
FROM SEXUAL OFFENCES (POCSO)
ACT, 2019
Protection of Children from Sexual Offences
(Amendment) Act, 2019 entails amendments to the
POCSO Act by including death penalty for aggravated
sexual assault on children, besides providing stringent
punishments for other crimes against minors. The
proposed changes in the Protection of Children from
Sexual Offences (POCSO) Act also provide for fines and
imprisonment to curb child pornography.
RECENT AMENDMENTS
• Penetrative sexual assault: The Bill increases the
minimum punishment from seven years to ten years.
It further adds that if a person commits penetrative
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IMPORTANT LEGISLATIONS
sexual assault on a child below the age of 16 years, he
will be punishable with imprisonment between 20
years to life, with a fine.
• Aggravated penetrative sexual assault: The Act
defines certain actions as “aggravated penetrative
sexual assault”. It increases the punishment for
aggravated penetrative sexual assault from
imprisonment between 10 years to life to a minimum
punishment from ten years to 20 years, and the
maximum punishment to death penalty.
• Aggravated sexual assault: The Bill adds two more
offences to the definition of aggravated sexual
assault. These include: (i) assault committed during a
natural calamity, and (ii) administrating or help in
administering any hormone or any chemical
substance, to a child for the purpose of attaining early
sexual maturity.
• Pornographic purposes: The Act also penalises
persons who use children for pornographic purposes
resulting in sexual assault. The Bill defines child
pornography as any visual depiction of sexually
explicit conduct involving a child including
photograph, video, digital or computer generated
image indistinguishable from an actual child.
• Storage of pornographic material: The Act penalises
storage of pornographic material for commercial
purposes with a imprisonment between three to five
years, or a fine, or both. In addition, the Bill adds two
other offences for storage of pornographic material
involving children. These include: (i) failing to destroy,
or delete, or report pornographic material involving a
child, and (ii) transmitting, displaying, distributing
such material except for the purpose of reporting it.
SIGNIFICANCE OF AMENDMENT
• Act specifically defines what 'child pornography is:
'using a child for pornographic purposes and for
'possessing or storing pornography involving a child'
is punishable.
• Act widens the ambit of Aggravated sexual
assault' and some of the punishments for the
offence were enhanced with a provision of the death
penalty.
• Upholds fundamental rights of children under
Article 15 of the Indian Constitution that empowers
the state to make special provisions for children. The
Act seeks to protect children from offences such as
sexual assault, sexual harassment, and pornography
• Also upholds DPSP under Article 39(f) of the
constitution provides that state shall, in particular,
direct its policy towards securing that children are
103
 IMPORTANT LEGISLATIONS
given opportunities and facilities to develop in a Information
healthy manner and in conditions of freedom and Commissioners.
dignity and the childhood and youth are protected • It says that the Chief
against exploitation and against moral and material Information
abandonment. Commissioner shall
CHALLENGES WITH POCSO hold office for a term
of 5 years from the
• Misuse- POCSO was often misused to cover up cases
of elopement or inter-caste marriages. This need to date on which he
Central Government”.
• The amendment
provides that the
salaries, allowances
and other terms of
service of the Chief
Information
Commissioner and the

be addressed. enters his office and Information

shall not hold office Commissioners “shall
• Poor deterrent - Various studies have proved the
after he has attained be such as may be
uncertainty of death penalty in being an effective
the age of 65 years. prescribed by the
deterrent.
• Again, Section 13 states Central Government”.
• Extremely low conviction rates - under the
that salaries, • Note* - The
Protection of Children from Sexual Offences Act,
allowances and other Amendment has
2012.
terms of service of “the removed the
• Massive underreporting - as a large proportion of Chief Information equivalence of CIC with
perpetrators are family members or known ones. This Commissioner shall be that of CEC. This makes
concern will only intensify with death penalty the same as that of the CIC vulnerable to
• Inadequate child protection and rehabilitation the Chief Election be removed by the
services - lack of compliance with child-friendly legal Commissioner”, and Central Government as
procedures are some other concerns. those of an CEC can only be
• No real system of positive measures to reduce Information removed on the same
vulnerabilities of children in this context has been Commissioner “shall manner as that of
developed. be the same as that of Judge of Supreme
an Election Court.
IMPORTANT SUGGESTION
Commissioner”.
• Need to create an independent national children
tribunal. • Section 16 of the • The amendment
original Act deals with provides that these
• Create awareness campaigns to reach out to women.
state-level Chief appointments should
• children should be educated on a ‘good touch, bad
Information be for “such term as
touch’.
Commissioners and may be prescribed by
• Imparting self-defence training to children is a must. Information the Central
• Social audit of shelter homes in the backdrop of Commissioners. It sets Government”.
Muzafarnagar incident in Bihar. the term for state-level • The amendment
CICs and ICs at five proposes that salaries,
years and shall not allowances and other
►THE RIGHT TO INFORMATION
hold office after he has terms of service of the
(AMENDMENT) ACT, 2019 attained the age of 65 state Chief Information
years. Commissioner (SIC)
The RTI Amendment Act, 2019 changes the terms and
conditions of service of the CIC and Information • The salaries and “shall be such as may
Commissioners at the centre and in states. allowances payable to be prescribed by the
and other terms and Central Government”.
As mentioned in RTI, RTI Amendment Act
conditions of service of • Note* - The
2005 2019
(a) the State Chief equivalence of state CIC
• Section 13 of the • The amendment Information and that of Election
original Act provides provides that the Commissioner shall Commissioner and
for terms of office and appointment will be be the same as that State Information
conditions of service “for such term as may of an Election Commissioner with
for Chief Information be prescribed by the Commissioner, Chief Secretary of state
Commissioner and

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104
 IMPORTANT LEGISLATIONS
(b) the State stands removed on • RTI has made rule of law possible - by making the
Information salary. officials accountable for their work or even for their
Commissioner shall misuse of power and position. Thus, RTI has resulted
be the same as that in a fundamental shift in the framework of
of the Chief governance as it has made the power holders
Secretary to the accountable to the power addressees thereby
State Government, empowering citizen’s access to power and decision-
making.
• Section 27 provides for • By amending Section
power of central and 27, the Central • Reduction in Corruption & Arbitrariness -
state government to Government controls Transparency in workings of the government at all
make rules for smooth the terms and levels has reduced arbitrariness, privilege, and
functioning of RTI Act, conditions of corrupt governance. The power of RTI can be gauged
2005. appointment of from the fact that more than 80 RTI activists have died
Commissioners in the because they not only challenged the powerful but
States. also ensured accountability on their behalf.
• Enhance Public Vigilance - Allows RTI allows access
IS GUARANTEE OF TENURE SO IMPORTANT?
to decision making process at the highest level.
• All the provisions related to appointment were However, the proposed amendment may close such
carefully examined by a parliamentary standing doors of openness one and for all till further
committee and it was unanimously acknowledged amendment. The RTI law ensures democratic
that one of the most important structural citizenship through participation of the public and this
constituents of any independent oversight institution, also improves public vigilance over the working
i.e. the CVC, the Chief Election Commission (CEC), the mechanism of the government.
Lokpal, and the CIC is a basic guarantee of tenure.
OTHER CHALLENGES FACED BY DIFFERENT
• In the case of the Information Commissioners they STAKEHOLDERS
were appointed for five years subject to the age limit
• Low Awareness Levels particularly among
of 65 years. It was on the recommendation of the
marginalised sections about rules and process of RTI
parliamentary standing committee that the
Applications and also where to file them.
Information Commissioner and CIC were made on a
par with the Election Commissioner and the CEC, • Non-uniform RTI Rules & procedures across States,
respectively. inconvenient mode and non-uniform fee across the
States.
• Thus, security of tenure insures not only
independence in working of the Commissioners but • Unsupportive attitudes of Public Information Officers
also independence of the institution overall from any (PIOs) are leading to unsatisfactory and poor quality
interference. replies.

• Lack of such security of officers of Information
Commission at Centre and State level tantamount to
unwilling submission of the institution at the will of
the government in power as Information
Commissioners can be removed at will in case they
give any decision against the liking of any
government.
WHY WAS RTI ACT AMENDED?
• Mirrored Realities - RTI has become a tool or sort of
a mirror which constantly reflects the misuse of
power by the authorities to the society. For eg. RTI
helped with the cross-verification of the affidavits of
powerful electoral candidates with official documents
and certain Information Commissioners ruled in
favour of disclosure.
• Ritualistic approach' by First Appellate authority (FAA),
huge pendency and leniency towards PIOs at
Information Commission level.
• Intimidation and threat by the person in power.
• Ineffective record management system particularly in
state field offices/ departments.
• Inadequate training to PIO & FAAs particularly on key
order/judgments of Information commissions and
courts.
• Increased workloads on PIOs due to understaffed
positions of PIOs.
NEED FOR INDEPENDENT INSTITUTIONS IN
DEMOCRACY
• Independent structures set up to regulate and
monitor the government are vital to a democratic

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105

state committed to deliver justice and constitutional
guarantees.
• However, centralisation of power not only impacts
democratic norms of functioning but also threatens
freedom of expression through the changes made
under RTI Act itself.
• Thus, 2019 RTI Amendment needs to be seen as a
deliberate effort to change the architecture of RTI in a
regressive manner to silence freedom of speech and
expression in our democratic republic.
• The Information Commission which was vested by law
with status, independence and authority, will now
function like a department of the Central
government, and be subject to the same hierarchy
and demand for obeisance.
• The decision of the government to usurp the powers
to set the terms and conditions of service and salaries
of an independent body must be understood as an
obvious attempt to weaken the independence and
authority granted by the law.
• Not appointing Information Commissioners at the
Central and State level further confirms this notion
that RTI is purposely being suffocated slowly towards
a slow death in time.
►AGRICULTURAL BILLS PASSED
BY PUNJAB CONTRADICTS CENTRE
Punjab Assembly has passed three bills that seek to
negate the impact of farm laws passed by Parliament
last month. The assembly also passed a resolution
seeking annulment of the central farm laws, as well as
the promulgation of a fresh ordinance making the
procurement of foodgrains on MSP a statutory right of
the farmers. One of the Bill further empowers the state
to impose stock limits under extraordinary
circumstances, such as famine, price rise etc, as opposed
to the central Act, which tasks the Union government
with this role.
Legal Issues which can be raised are?
Concurrent List - Entry 33(b)
Trade and commerce in, and the production, supply
and distribution of foodstuffs, including edible
oilseeds and oils.
• Punjab does not have legal jurisdiction to frame a law
under State List which overrides Central Legislation
• State can make laws inconsistent with Centre but only
on topics mentioned in Concurrent List – Article 254.
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IMPORTANT LEGISLATIONS
• The Centre has enacted its farm sector Bills by
invoking Entry 33(b) in the Concurrent List, which
concerns trade and commerce in, and production,
supply and distribution of, “foodstuffs”. By stretching
the entry’s meaning to include agriculture, Parliament
has managed to pass laws in the domain of the
States.
• So, state can override central legislation (if approved
by President) by enacting such farm laws under
Concurrent List – as per Article 254.
• Centre’s interpretation of Entry 33(b) of Concurrent
List can be challenged in Supreme Court under which
Centre has passed three farm bills.
ARTICLE 254 (2)
• Where a law made by the Legislature of a State with
respect to one of the matters enumerated in the
Concurrent List
• contains any provision repugnant to the provisions of
an earlier law or an existing law made by Parliament
with respect to that matter
• then, the law so made by State shall -- if it has been
reserved for the consideration of the President and
has received his assent -- prevail in that State.
• However, Parliament can enact another law on the
same matter which amends, vary or repeal law made
by state legislature.
►FCRA AMENDMENT ACT, 2020
INCOMPATIBLE WITH
INTERNATIONAL LAW
Parliament has passed the Foreign Contribution
(Regulation) Amendment Act, 2020. The Amendment to
FCRA proposes to make Aadhaar a mandatory
identification document for all the office-bearers,
directors and other key functionaries of an NGO or an
association eligible to receive foreign donations.
However, International Commission of Jurists has
observed that the amendment is against international
law and violates Resolution 22/6 of United Nations
Human Rights Council on Protecting Human Rights
Defenders.
NEED FOR THE AMENDMENT
• Contributions doubled but funds not utilised for the
purpose for which they are brought in India.
• Many organisations does not follow statutory
compliance for bringing foreign funds.
• Central Government canceled certificates of
registration of more than 19,000 recipient
106

organisations for not able to provide requisite
documents.
• Government initiated criminal investigations against
dozens of non-Governmental organisations which
indulged in outright misappropriation or mis-
utilisation of foreign contribution.
• Need to streamline foreign contributions and their
usage.
PROPOSED AMENDMENT
The Foreign Contribution (Regulation) Amendment Act,
2020 seeks to provide for -
(a) Include "public servant" within its ambit, to provide
that no foreign contribution shall be accepted by any
public servant;
(b) Prohibit any transfer of foreign contribution to any
association/person;
(c) Reduce the limit of foreign fund to be used for
administrative expenses from existing "50 per cent"
to "20 per cent.
(d) Insertion of a new Section 12A empowering the
Central Government to require Aadhaar number,
etc., as identification document.
(e) Enabling the Central Government to permit any
person to surrender the certificate granted under the
Act.
(f) Ensure that every person who has been granted
certificate or prior permission under section 12 shall
receive foreign contribution only in an account
designated as ‘‘FCRA Account’’ which shall be opened
by him in such branch of the State Bank of India at
New Delhi, as the Central Government may, by
notification, specify and for other consequential
matters relating
FCRA ACT, 2020 INCOMPATIBLE WITH
INTERNATIONAL LAW
The International Commission of Jurists (ICJ) has
observed that the Foreign Contribution (Regulation)
Amendment Act, 2020 passed by Parliament is
incompatible with international law.
AGAINST INTERNATIONAL LAW
• The UN Human Rights Council in its Resolution 22/6
on Protecting Human Rights Defenders declared that,
“no law should criminalize or delegitimize activities in
defence of human rights on account of the origin of
funding”.
• Further, the UN Special Rapporteur on Assembly and
Association has clarified that controls in laws should
not “unduly obstruct the legitimate work” and need to
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IMPORTANT LEGISLATIONS
be “fair, objective and non-discriminatory, and not be
used as a pretext to silence critics”.
• Resolution 22/6 call upon states that legislation
affecting the activities of human rights defenders and
its application must be consistent with international
human rights law, including the International
Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and
Cultural Rights, and guided by the Declaration on the
Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental
Freedoms, and, in this regard, condemns the
imposition of any limitations on the work and
activities of human rights defenders enforced in
contravention of international human rights law.
• The resolution also call upon states to ensure that
they do not discriminatorily impose restrictions on
potential sources of funding aimed at supporting the
work of human rights defenders.
CLAIMS MADE BY ICJ
• Fail to comply with International Legal
Obligations - ICJ claimed that FCRA Amendment fails
to comply with India’s international legal obligations
and constitutional provisions to respect and protect
the rights to freedom of association, expression, and
freedom of assembly.
• Impose Arbitrary Obstacles by the Government -
The ICJ stressed that the Bill’s provisions would
impose arbitrary and extraordinary obstacles on the
capacity of human rights defenders and other civil
society actors to carry out their important work.
• Against Civil Societies in India - The ICJ noted that
the restrictions in the Bill continued a larger pattern
of threats and harassment faced by civil society in
India. The Indian Government has sought to restrict
human rights defenders from traveling outside India
and used overbroad laws like sedition (Section 124A,
Indian Penal Code) and Unlawful Activities Prevention,
1967 Act to arbitrarily arrest human rights defenders.
• Restrict Access to Foreign Funding - FCRA 2020
provides for overly broad rules and measures which
would effectively restrict access to foreign funding
particularly for public servants and smaller non-
governmental organizations.
• Adds government’s oversight - It adds onerous
governmental oversight, additional regulations and
certification processes, and operational requirements,
while simultaneously reducing the limit of
administrative expenditure that can be allocated to
107

foreign contributions to 20 percent from the previous
50 percent.
►GOVERNMENT INTRODUCES
THREE BILLS ON LABOUR CODES
The government has introduced three Bills on Labour
Codes in the Lok Sabha to amalgamate laws on social
security, occupational safety and industrial relations, which
would, among other changes, allow companies with
fewer than 300 workers to terminate employment
without prior approval and provide gig and platform
workers social security schemes.
THE THREE BILLS ARE
• Industrial Relations Code, 2020
• Code on Occupational Safety, Health & Working
Conditions Bill, 2020
• Social Security Code, 2020.
BENEFITS OF THE THREE BILLS
• The three Bills introduced today will pave way for
simplification of labour laws, its implementation and
will bring immense labour welfare measures to the 50
crores workers in the country, both in the organised
and unorganised sectors.
• These Bills will also help the employers which will
bring the investment and will create harmonious
industrial relations in the country.
• It will protect the interest of workers and will provide
them social security, protection, safe and working
environment and effective conciliation, mechanism
for their grievances.
RIGHTS CREATED UNDER THE THREE BILLS
• A statutory right has been created for minimum
wages and timely payment of wages to all workers
whether in organized or unorganised sector.
• It extends entitlement of minimum wages to all the
workers in the country as against 30 per cent of the
workforce, at present.
• At present, minimum wages are fixed for employment
covering mainly mines sector, plantation, dock
workers, building and construction workers, watch
and ward, sweeping and cleaning and on
manufacturing sector etc.
• Extension for minimum wages will take place for the
entire service sector (IT, hospitality, transportation
etc.), domestic workers, unorganized workers and
teachers.
THREE BILLS WERE EARLIER SENT TO PARLIAMENTARY
COMMITTEES
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IMPORTANT LEGISLATIONS
• These Bills were earlier introduced in the Lok Sabha in
2019, after which it was referred to Parliamentary
Standing Committee (PSC) as per the normal
Parliamentary practices for examination and after
detailed discussion with all the stakeholders.
• Parliamentary Standing Committee after going
through the Bill, submitted a Report wherein they
provided 233 recommendations. The Ministry of
Labour has informed that the government has
accepted 74% of the recommendations of PSC.
BACKGROUND
As per the recommendations of the Second National
Commission on Labour, Ministry of Labour & Employment
has taken steps for simplification, amalgamation and
rationalization of Central Labour Laws and replacing
them with 4 Labour Codes
1. Code on Wages,
2. Code on Industrial Relations,
3. Code on Social Security & Welfare and
4. Code on Occupational Safety, Health & Working
Conditions.
Code on Wages, 2019 has been passed by the
Parliament and has received the assent of the President
on the 8th August, 2019.
►AMENDMENT IN EPIDEMIC
DISEASE ACT, 1897 TO ADDRESS
COVID
The colonial government introduced the Epidemic
Diseases Act to tackle the epidemic of bubonic plague
that had spread in the erstwhile Bombay Presidency in
the 1890s. Using powers conferred by the Act, colonies
authorities searched suspected plague cases in homes
and among passengers, with forcible segregations,
evacuations, and demolitions of infected places. Both
Centre and State has powers to make measures and
prescribe regulations to limit the spread of a dangerous
epidemic disease. Centre can inspect any ship or vessel
leaving or arriving at any port and for detention of such
person travelling in such ships. State Government can
also inspect persons travelling by railways, airways etc
and segregate them in hospital or provide them
temporary accommodation to prevent the spread of the
disease. However, due to COVID, central government
amended the Epidemic Diseases Act.
108

NEED FOR THE AMENDMENT
• Due to attack on healthcare personnels including
doctors and nurses and they were obstructed from
doing their duties.
• To remove stigmatization and ostracization and
sometimes worse acts of unwarranted violence and
harassment against healthcare personnels.
• Health Personnels helping to fight COVID need moral
support and an atmosphere free from fear.
• The existing state laws did not have such a wide
sweep and ambit. They did not cover harassment at
home and workplace and are focused more on
physical violence only.
• The penal provisions contained in these laws are not
stringent enough to deter mischief mongering.
• In this context, government amended the Epidemic
Diseases Act, 1897 to protect healthcare service
personnel and property including their living/working
premises against violence during epidemics.
IMPORTANT HIGHLIGHTS OF AMENDMENT
• Penal provisions can be invoked in instances of
damage to property including a clinical establishment,
any facility identified for quarantine and isolation of
patients, mobile medical units and any other property
in which the healthcare service personnel have direct
interest in relation to the epidemic.
• Payment of Compensation determined by Court -
Persons convicted of offences will be liable to pay
compensation to the healthcare service personnel
whom they have hurt. Such compensation will be
determined by the Court.
• In case of damage to property or loss of property,
the compensation payable to the victim will be
twice the amount of the fair market value - as
determined by the Court.
• If the convicted person fails to pay the compensation,
the amount will be recovered as an arrear of land
revenue under the Revenue Recovery Act, 1890.
• Offences shall be investigated by an officer of the
rank of Inspector within a period of 30 days, and
trial has to be completed in one year, unless extended
by the court for reasons to be recorded in writing.
• Centre empowered to take certain measures -
Central Government has been given a concurrent role
with the State Governments to take any measures
that may be needed to prevent the outbreak of an
epidemic or the spread thereof. In addition, the scope
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IMPORTANT LEGISLATIONS
of inspection of vessels arriving or leaving the country
has been enlarged to include road, rail, sea and air
vessels.
• Powers of the central government to inspect
vessels - The Act specifies that the central
government may regulate: (i) the inspection of any
ship or vessel leaving or arriving at any port, and (ii)
the detention of any person intending to travel from
the port, during an outbreak. Centre can regulate the
inspection of any bus, train, goods vehicle, ship,
vessel, or aircraft leaving or arriving at any land port,
port or aerodrome.
• Detention of Persons - The central government may
regulate the detention of any person intending to
travel by these means.
►CONSUMER PROTECTION ACT,
2019
The Consumer Protection Act 2019 (CPA-2019) has
replaced The Consumer Protection Act, 1986. CPA 2019
aims to be more holistic and stringent in protecting
interest of consumers, establish authorities for timely
and effective administration and settlement of
consumers' disputes.
TO ACHIEVE THE AFORESAID PURPOSE, CPA-2019
ESTABLISHES THE FOLLOWING
• Central Consumer Protection Authority (CCPA) –
Referred as Central Authority
• Central Consumer Protection Council - at National,
State and District level referred as National, State and
District Commission
• Consumer Disputes Redressal Commission – at
National, State and District level
• Consumer Mediation Cell - to be attached to each of
the District Commissions and the State Commissions
IMPORTANT PROVISIONS OF CPA-2019
• Central Authority aims to promote, protect and
enforce the rights of consumers; make interventions
when necessary to prevent consumer detriment
arising from unfair trade practices and to initiate class
action including enforcing recall, refund and return of
products, etc.
• The Central Authority shall have an Investigation
Wing headed by a Director-General for the purpose
of conducting inquiry or investigation on consumer
disputes.
109

• Product Liability Action - A product liability action
may be brought by a complainant against a product
manufacturer or a product service provider or a
product seller, for any harm caused to him on
account of a defective product.
• Product Liability of Manufacturer/Service
Provider/Seller – They shall be responsible to
compensate for injury or damage caused by defective
product, deficiency in services or design, lack of
express warranty, inadequate instructions for correct
usage leading to harm of product.
• Dispute Resolution - The Act envisages simplified
dispute resolution process, has provision for
Mediation and e-filing of cases.
• Punishment for Misleading Advertisements - There
are provisions for deterrent punishment to check
misleading advertisements and adulteration
products.
• Regulation for E-Commerce – The Act regulates
buying or selling of goods or services including digital
products over digital or electronic network.
►THE RIGHT OF CHILDREN TO
FREE AND COMPULSORY
EDUCATION (RTE) ACT, 2009
• The RTE represents the consequential legislation
envisaged under Article 21A. It means that every
child has a right to full time elementary education of
satisfactory and equitable quality in a formal school
which satisfies certain essential norms and standards.
• Article 21A and the RTE Act came into effect on 1
April 2010. The title of the RTE Act incorporates the
words ‘free and compulsory’ education.
• ‘Free education’ means that no child, other than a
child who has been admitted by his or her parents to
a school which is not supported by the appropriate
Government, shall be liable to pay any kind of fee or
charges or expenses which may prevent him or her
from pursuing and completing elementary education.
• ‘Compulsory education’ casts an obligation on the
appropriate Government and local authorities to
provide and ensure admission, attendance and
completion of elementary education by all children in
the 6-14 age group.
• With this, India has moved forward to a rights based
framework that casts a legal obligation on the
Central and State Governments to implement the
fundamental rights of child in the age group of 6-
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IMPORTANT LEGISLATIONS
14 years as enshrined in the Article 21A of the
Constitution, in accordance with the provisions of the
RTE Act.
THE RTE ACT PROVIDES FOR THE FOLLOWING
• Right of children to free and compulsory education till
completion of elementary education (Class 1-8) in a
neighbourhood school.
• ‘Compulsory Education’ means obligation of the
appropriate government to provide free elementary
education and ensure compulsory admission,
attendance and completion of elementary education to
every child in the six to fourteen age group.
• ‘Free’ means that no child shall be liable to pay any
kind of fee or charges or expenses which may prevent
him or her from pursuing and completing elementary
education.
of
• Provisions for a non-admitted child to be admitted to
an age appropriate class.
• Duties and responsibilities of appropriate
Governments, local authority and parents in
providing free and compulsory education, and
sharing of financial and other responsibilities
between the Central and State Governments.
• Norms and standards relating to Pupil Teacher Ratios
(PTRs), buildings and infrastructure, school-working
days, teacher-working hours.
• Rational deployment of teachers to ensure pupil
teacher ratio is maintained for each school and not
for Block or District. This also ensures no urban-rural
imbalance in teacher postings.
• Prohibition of deployment of teachers for non-
educational work, other than decennial census,
elections to local authority, state legislatures and
parliament, and disaster relief.
• Appointment of appropriately trained teachers, i.e.
teachers with the requisite entry and academic
qualifications.
• Prohibits (a) physical punishment and mental
harassment; (b) screening procedures for admission
of children; (c) capitation fee; (d) private tuition by
teachers and (e) running of schools without
recognition,
• Development of curriculum in consonance with the
values enshrined in the Constitution - for all-round
development of the child, building on the child’s
knowledge, potentiality and talent and making the
child free of fear, trauma and anxiety through a
system of child friendly and child centred learning.
110

• Central Government and the State Governments
shall have concurrent responsibility for providing
funds for imparting free and compulsory elementary
education to children.
• Central Government may make a request to the
President to make a reference to the Finance
Commission to examine the need for additional
resources for education.
• There shall be a National Advisory Council and
respective State Advisory Council to advise the
Central and State Government to implement RTE Act
in an effective manner.
IMPORTANT LEGISLATIONS
• The Advisory Board may call the detainee for
recording his/her statement. However, legal
representation before Advisory Board is not allowed.
• This Advisory Board will have to give its
recommendations (which is binding) within eight
weeks of the order
• If the Board thinks that there is cause for preventive
detention, the government can hold the person up to
two years or else revoke the detention.

►THE JAMMU & KASHMIR PUBLIC

SAFETY ACT (PSA), 1978
The Union Government has exercised the J&K PSA to
detain some prominent political figures of the state like
Omar Abdullah, Mehbooba Mufti, Shah Faisal etc.
WHAT IS THE PUBLIC SAFETY ACT?
• PSA is a preventive detention law that allows the
J&K government to detain a person up to a
maximum of two years without producing them in
court/without trial.
• It allows for detention without a warrant or any
specific charge.
• It was introduced in 1978 to prevent the smuggling of
timber and keeping the smugglers “out of circulation”.
• It is applicable to the whole of J&K state.
• Note: Detention of a person below the age of 18 has
been prohibited under this Act since 2012 (when age
was increased from 16 to 18).
ON WHAT GROUNDS CAN PSA BE EXERCISED?
In the case of a person acting in any manner which is:
• prejudicial to the security of the state – detention of
up to 2 years
• prejudicial to the maintenance of public order –
detention of up to 1 year
WHAT IS THE PROCESS OF ISSUING DETENTION
ORDER UNDER PSA?
• A detention order is issued either by the Divisional
Commissioner or District Magistrate.
• The detaining authority need not disclose any
facts/reasons about the detention to the
detainee.
• The DM has to refer the case to an Advisory Board
within four weeks of passing the detention order.

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111
Section-6
IGHT SSUES
►IMPORTANCE OF FUNDAMENTAL
DUTIES
Former Chief Justice of India Dipak Misra while
addressing a webinar on “The Spirit and Quintessence of
Fundamental Duties” said that development of scientific
temper and spirit of enquiry by education is important
and right to education is more than a right.
ABOUT FUNDAMENTAL DUTIES
• Fundamental Duties were added in the Constitution
on the recommendation of Sardar Swaran Singh
Committee. This insertion brought Constitution of
India in line with Article 29(1) of the Universal
Declaration of Human Rights (UDHR).
• Recommendations of Swaran Singh Committee were
added by The Constitution (Forty-Second
Amendment) Act, 1976. Accordingly, Part IV-A was
added into the Constitution which inserted Article
51A in the Indian Constitution. Initially, Article 51A
provided for 10 fundamental duties of every citizen of
India from Article 51A (a) to (j).
th
• 11 Fundamental Duty was added by The
Constitution (Eighty-sixth Amendment) Act, 2002.
It added Article 51A (k).
ARTICLE 29 – UDHR
(1) Everyone has duties to the community in which
alone the free and full development of his
personality is possible.
(2) In the exercise of his rights and freedoms, everyone
shall be subject only to such limitations as are
determined by law solely for the purpose of securing
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
due recognition and respect for the rights and
freedoms of others and of meeting the just
requirements of morality, public order and the
general welfare in a democratic society.
(3) These rights and freedoms may in no case be
exercised contrary to the purposes and principles of
the United Nations.
SWARAN SINGH COMMITTEE
• Rights and duties are correlative to each other and
fundamental duties are therefore, intended to serve
as a constant reminder to every citizen that while the
Constitution specifically conferred on them certain
fundamental rights.
• It also requires citizens to observe certain basic
norms of democratic conduct and democratic
behaviour. The Swaran Singh committee was asked to
formulate a list of fundamental duties so that the
citizen should not think only of his rights.
• In Dr. Dasarthi vs. State of Andhra Pradesh, it was
held that under Article 51 A (j) of the Indian
Constitution, all citizens owe a duty of themselves to
strive towards excellence in all spheres of individual and
collective activity so that this nation may constantly rise
to higher levels of endeavour and achievement when the
state undertakes to promote excellence, it can do so only
through the methods which Constitution permits to
adopt.
ACTS, DUTIES AND OBLIGATIONS – FUNDAMENTAL
DUTIES (ARTICLE 51A)
• All Acts performed are not Duties - A “duty” is
roughly speaking an “act” which ought to be done or
112

should be done. The term act and duty however, are
not identical. To ascribe a duty to a man is to claim
that he should perform certain act. Yet, not all the
acts which a person should do constitute duties. So,
we can say that all acts which a person ought to do
are not Duties.
• A Duty is owed to others by virtue of one’s
position - For example, an employee has a duty to
work according to their employer. Similarly every
“citizen” has certain duties towards its nation as per
Article 51A of the Constitution. So, we can say that
generally duties consist of positive acts and not in
mere abstaining from doing some act.
• Now duties also create obligations - So, duties (like
wrongs) can be classified as – Moral Duty & Legal
Duty. When a law recognises an act as duty, it
commonly enforces the performance of it or punishes
its disregard.
• Some Fundamental Duties Legally Enforceable -
Accordingly we find that some of our Fundamental
Duties are legally enforceable and their disregard is
punishable. For example let us see the provision of
Article 51A (a).
51A. It shall be the duty of every citizen of India – (a) to
abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem.
• Now, this duty is legally enforceable as the Union
Government has legislated the Prevention of Insults
to National Honour Act, 1971. Its provision
highlights that any insult to National Flag or
Constitution of India is punishable with imprisonment
for a term which may extend to three years along
with fine or both.
• Further, whoever intentionally prevents the singing of
the Indian National Anthem or causes disturbances to
any assembly engaged in such singing shall be
punished with imprisonment for a term, which may
extend to three years, or with fine, or with both.
• However, there are other Fundamental Duties which
are not legally enforceable. Example – Article 51A (b)
- to cherish and follow the noble ideals which inspired
our national struggle for freedom.
►SEDITION & FREE SPEECH
The National Crime Records Bureau (NCRB) has only
been collecting separate data on sedition cases since
2014. In 2014, there were 47 cases of sedition but that
number increased to 70 in 2018 (the latest year with
available data).
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RIGHT ISSUES
SIGNIFICANCE OF FREE SPEECH
• Free speech is one of the most significant principles
of democracy.
• Freedom allows an individual to attain self-fulfillment,
assist in discovery of truth, strengthen the capacity of
a person to take decisions and facilitate a balance
between stability and social change.
• The Universal Declaration of Human Rights, 1948,
in its Preamble and Article 19 declared freedom of
speech as a basic fundamental right. This freedom is
termed as an essence of free society.
• Restrictions On Free Speech - Article 19(1)(a) of the
Constitution of India guarantees freedom of speech
and expression to all citizens. However, this freedom
is subjected to certain restrictions namely, interests of
the sovereignty and integrity of India, the security of
the State, friendly relations with foreign States, public
order, decency or morality or in relation to contempt
of court, defamation or incitement to an offence.
• Sedition is used as restriction on free speech.
ABOUT SEDITION
• Section 124A of the Indian Penal Code (IPC), which
deals with sedition, was drafted by Thomas Babington
Macaulay and included in the IPC in 1870.
• Section 124A of the IPC, which deals with sedition,
states, "Whoever, 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 with imprisonment for life, to which fine
may be added, or with imprisonment which may
extend to three years, to which fine may be added,
or with fine."
• A person charged under Sedition cannot apply for a
government job. They have to live without their
passport and must present themselves in the court
when required.
NEED OF SECTION 124A
• Combat anti-national, secessionist and terrorist
elements.
• Protects the elected government from attempts to
be overthrown with violence and illegal means.
• Many districts in different states are affected
by Maoist insurgency and rebel groups virtually run
a parallel administration. These groups openly
advocate the overthrow of the state government by
revolution. Hence the abolition of Section 124A would
be ill-advised.
113
 RIGHT ISSUES
ARGUMENTS AGAINST SECTION 124A to cause public disorder or affect the sovereignty &
• Section 124A is a remnant of colonial legacy and integrity of India, the security of the State, friendly
unsuited in a modern democracy. relations with foreign States, etc.

• It is a constraint on the legitimate exercise of • Indian Express Newspaper (Bombay)(P) Ltd. v.

constitutionally guaranteed freedom of speech and Union of India - following four important purposes of
expression. the free speech and expression were set out:

• Dissent and criticism of the government are (i) it helps an individual to attain self-fulfillment
essential ingredients of robust public debate in a (ii) it assists in the discovery of truth
vibrant democracy and they should not be (iii) it strengthens the capacity of an individual in
constructed as sedition. participating in decision-making, and
• The terms used under Section 124A like (iv) it provides a mechanism by which it would be
‘disaffection’ are vague and subject to different possible to establish a reasonable balance
interpretation to the whims and fancies of the between stability and social change
investigating officers.
IMPORTANT OPINIONS EXPRESSED ON SEDITION
• IPC and Unlawful Activities Prevention Act which
• Mahatma Gandhi called Section 124A “the prince
have provisions that penalize “disrupting the public
among the political sections of the IPC designed to
order” or “overthrowing the government with violence
suppress the liberty of the citizen”.
and illegal means” are sufficient for protecting the
national integrity. • Jawaharlal Nehru said that the provision was

• Sedition is often misused as a tool to persecute “obnoxious” and “highly objectionable”, and “the
political dissent. sooner we get rid of it the better”.

IMPORTANT SUPREME COURT JUDGEMENTS ON • Law Commission came up with Consultation Paper on
SEDITION sedition in August 2018.

• Romesh Thapar v State of Madras – SC declared ο Dissent and criticism of the government are
that unless the freedom of speech and expression essential ingredients of a robust public debate
threaten the security of or tend to overthrow the in a vibrant democracy.
State, any law imposing restriction upon the same ο Every restriction on free speech and expression
would not fall within the purview of Article 19(2) of the must be carefully scrutinised to avoid
Constitution. unwarranted restrictions.
• Kedarnath Singh vs State of Bihar - Constitution
ο For merely expressing a thought which is not in
Bench had ruled in favour of the constitutional
consonance with the policy of the government of
validity of Section 124A (sedition) in the IPC. SC held
the day, a person should not be charged under the
that a person can be prosecuted for sedition only if
provision of sedition.
his acts caused “incitement to violence or intention
or tendency to create public disorder or cause ο People should be at liberty to show their
disturbance of public peace”. affection towards their country in their
• Shreya Singhal v Union of India - SC held that under own way without following any particular way
the Constitutional scheme, for the democracy to of expression.
thrive, the liberty of speech and expression is a
ο The Commission also asked whether it would be
cardinal value and of paramount importance. Three
worthwhile to rename Section 124A and find a
concepts are fundamental in understanding the reach
suitable substitute for the term - sedition.
of freedom of speech and expression –
st nd rd • However, in July 2019 Minister of State for Home
1 is Discussion, 2 is Advocacy and 3 is Incitement.
Affairs told the Rajya Sabha that “there is no proposal
• Mere discussion or even advocacy of a particular
to scrap the provision under the IPC dealing with the
cause howsoever unpopular is at the heart of Article
offence of sedition. There is a need to retain the provision
19(1) (a). It is only when such discussion or advocacy
to effectively combat anti-national, secessionist and
reaches the level of incitement that Article 19(2) kicks
terrorist elements.”
in. It is at this stage (Incitement) that a law may be
made curtailing the speech or expression that leads

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►RIGHT AGAINST SELF-
INCRIMINATION
Custodial interrogation which means arrest solely for the
purpose of interrogation inherently, invariably and
unavoidably violates fundamental right against self-
incrimination and the right to silence.
UNDERSTANDING RIGHT AGAINST SELF-
INCRIMINATION
• Article 20(3) - No person accused of any offence shall
be compelled to be a witness against himself.
• Section 161(2) of Code of Criminal Procedure -
Implements the constitutional right against self-
incrimination: “Every person who the police is
authorised to examine orally, is bound to answer truly
all questions relating to such case put to him by the
police officer legally authorised to examine him, other
than questions the answers to which would have a
tendency to expose him to a criminal charge or to a
penalty or forfeiture.
RIGHT AGAINST SELF-INCRIMINATION AS EXPLAINED
BY SUPREME COURT
• A person accused of an offence means a “person
against whom a formal accusation relating to the
commission of an offence has been charged, which
may result in prosecution”. Formal accusation in India
can be brought by lodging of an F.I.R or a formal
complaint, to a competent authority against the
particular individual accusing him for the commission
of the crime.
• Self-incrimination means that police cannot compel
the accused to give evidence against himself/herself.
• Nandini Satpathy v. P.L Dani - SC ruled that the
extent of prohibition of Art 20 (3) goes back to the
stage of police interrogation after filing of First
Information Report. Justice V.R. Krishna Iyer held that
Article 20(3) is a human article which guarantees
dignity and integrity to an individual and clothes him
with right of silence.
• The objective of Article 20(3) is
ο to protect the accused from unnecessary police
harassment and
ο hence it extends to the stage of police investigation
apart from the trial procedure
ο so that accused is not compelled to give evidence
against himself or herself.
• So, in a way, Article 20(3) grants Right to Silence to
the accused from not being a witness against
themselves which might harm their case.
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• M.P. Sharma v Satish Chandra - SC gave a wide
interpretation of the phrase “to be a witness” which
includes oral, documentary and testimonial evidence
against one self.
• SC also distinguished between “to be a
witness”&“furnishing evidence”.
• To be a witness means imparting knowledge in
respect of relevant facts by an oral statement or
statement in writing made or given in court or
otherwise.
• Furnishing Information includes production of
documents or giving materials which might be
relevant at a trial to determine the guilt or innocence
of the accused.
COMPARISON WITH USA
th
• 5 Amendment in United States
ο Fifth Amendment in US Constitution outlines basic
constitutional limits on police procedure.
ο The Framers derived the Grand Juries Clause and
the Due Process Clause from the Magna Carta,
dating back to 1215.
ο Fifth Amendment of US Constitution provides five
distinct constitutional rights:
1. Right to indictment by the grand jury before any
criminal charges for felonious crimes,
2. Prohibition on double jeopardy,
3. Right against forced self-incrimination,
4. Guarantee that all criminal defendants have a
fair trial, and
5. Guarantee that government cannot seize private
property without making a due compensation at
the market value of the property.
MIRANDA V. ARIZONA
• This case represents the consolidation of four cases,
in each of which the defendant confessed guilt after
being subjected to a variety of interrogation
techniques without being informed of his Fifth
Amendment rights during an interrogation. (Miranda
v. Arizona; Vignera v. New York; Westover v. United
States; California v. Stewart)
• In each of these cases, the defendant was questioned
by police officers, detectives, or a prosecuting
attorney in a room in which he was cut off from the
outside world.
• In all these cases, the defendant was not given a full
and effective warning of his rights at the outset of the
interrogation process including their rights under
Fifth Amendment.
115

• The Court held that a defendant was required to be
warned before questioning that he had the right to
remain silent, and that anything he said can be used
against him in a court of law.
• Thus, Miranda Judgment lays down strong safeguards
for the right against self-incrimination including the
now world famous “Miranda warning” about Fifth
Amendment Rights.
CONCLUSION
• Supreme Court held that core rationale of the right
against self-incrimination is the protection of
voluntariness whereas custodial interrogations are
inherently coercive.
• As coercion and voluntariness cannot coexist,
custodial interrogation must follow the constitutional
principle provided under Article 20(3).
►TACKLING DISCRIMINATION
BASED ON PREJUDICE &
STEREOTYPES
• Discrimination of any kind take place primarily due
to prejudice & stereotypes as we generally tend to
categorise people into certain notions presented to us
from the past.
• Prejudice refers to a pre-formed negative judgment
or attitude whereas when we categorise people or
any community into a particular image, then we
create a stereotype in our brain.
• Generally a wrapped sense of understanding is
developed based on our societal prejudices about
other people’s religious beliefs, colour of their skin,
region they come from, accent they speak in, the
clothes they wear, etc.
• Thus, discrimination can exist on any of these
mentioned grounds and more in any society of the
world including India. Thus, prejudice and
discrimination based on race is called racism and
gender prejudice or discrimination is referred to as
sexism.
CASTE AND PROFESSION BASED DISCRIMINATION IN
INDIAN SOCIETY
• In India, people are engaged in different kinds of work
like administration including policing, teaching,
carpentry, pottery, weaving, fishing, farming etc. to
earn a livelihood.
• However, certain kinds of work are valued more than
others. Activities like cleaning, washing, cutting hair,
picking garbage are seen as tasks that are of less
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RIGHT ISSUES
value and people who do this work are seen as of less
importance or value in society.
• This belief has been an important aspect of Indian
caste system. In the caste system,
communities/groups of people were placed in a sort
of ladder where each caste was either above or below
the other.
• Those who are placed at the top of this ladder are
called upper caste and consider themselves as
superior. The groups who are placed at the bottom of
the ladder are considered as people belonging to the
lower class.
• This wrapped understanding about our society and its
people and the tendency to acknowledge “Us versus
Them” behaviour leads to various kinds of
discrimination in the society. Discrimination is mostly
faced by the vulnerable sections of our society which
comprises the lower strata both in terms of caste and
class including profession.
FIGHT FOR EQUALITY & AGAINST DISCRIMINATION IN
INDIA
• Fight for independence from British was also a
fight for equality and against discrimination for all
Indians including untouchables, women, tribals and
peasants.
• Our Constitution makers were aware about the
impact of discrimination in our society and
accordingly set out a clear vision and goals to be
achieved as a nation through the Preamble of the
Indian Constitution.
• The Preamble, through the People of India, solemnly
resolves to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens JUSTICE, LIBERTY, EQUALITY
and FRATERNITY.
• Accordingly, under the chapter on Fundamental
Rights, the ideals of liberty and equality are inserted
in the Constitution along with abolition of
untouchability and prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth.
• Further, untouchability and its practice in any form
has been made punishable through The Protection of
Civil Rights (PCR) Act, 1955.
EQUALITY LEADS TO RESPECT OF INDIA’S DIVERSITY
• According to Constitution makers, respect for
diversity was a significant element in ensuring
equality. They felt that people must have the freedom
to follow their religion, speak their language,
116

celebrate their festivals and express themselves
freely.
• They said that no one language, religion or festival
should become compulsory for all to follow and the
government must treat all religions equally.
• Therefore, India became a secular country where
people of different religions and faiths have the
freedom to practise and follow their religion without
any fear of discrimination.
• Equality is a value that we have to keep striving for
and not something which will happen automatically.
• The panacea to remove discrimination is to act on
our prejudices and stereotypes and be more
respectful and tolerant towards whomever we
consider as the “other” in our society.
• So, more than legal reform, we need social tolerance
at grass root level to completely remove the evil of
discrimination from our society by ensuring equality
before the law and the equal protection of the laws
for all.
►IMPORTANT SC JUDGMENTS ON
CUSTODIAL VIOLENCE
Jeyaraj and Bennix, father-son duo was taken as
prisoners for opening their shop beyond permissible
time during lockdown. They were later subjected to
police torture which resulted in their death inside a
police station in Thoothukudi in Tamil Nadu. Let us go
through important SC Judgments to prevent custodial
violence.
CUSTODIAL TORTURE A CRIMINAL OFFENCE
• The offences of causing hurt or grievous hurt to
extort confession are punishable under Sections 330
and 331 of the Indian Penal Code.
• Section 330 - Voluntarily causing hurt to extort
confession or to compel restoration of property –
Such persons shall be punished with imprisonment of
either description for a term which may extend to 7
years, and shall also be liable to fine.
• Section 331 - Voluntarily causing grievous hurt to
extort confession or to compel restoration of
property - Such persons shall be punished with
imprisonment of either description for a term which
may extend to 10 years, and shall also be liable to fine.
• Illustration - A, a police-officer, tortures Z in order to
induce Z to confess that he committed a crime. A is
guilty of an offence under this section.
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FRANCIS CORALIE MULLIN V. UNION TERRITORY OF
DELHI (1981) - SC
• Any form of torture or cruel inhuman or degrading
treatment would be offensive to human dignity and
would be violative of Article 21.
• There is implicit in Article 21 the right to
protection against torture as it is also enunciated in
Article 5 of the Universal Declaration of Human
Rights (UDHR) and also guaranteed by Article 7 of the
International Covenant on Civil and Political Rights
(ICCPR).
• UDHR - Article 5 – No one shall be subjected to cruel,
inhuman or degrading treatment or punishment.
• ICCPR – Article 7 - No one shall be subjected to torture
or to cruel, inhuman or degrading treatment or
punishment. In particular, no one shall be subjected
without his free consent to medical or scientific
experimentation.
JOGINDER KUMAR V. STATE OF U.P AND OTHERS –
(1994)
• Joginder Kumar, a young lawyer was illegally detained
by the police for 5 days. His family filed a writ of
Habeas Corpus in Supreme Court of India to know
about his situation.
• SC held that any police officer must be able to justify
the reason for arrest in writing and such person
must be produced before the nearest Magistrate
within 24 hours.
• SC held that no arrest can be made in a routine
manner on a mere allegation of commission of an
offence made against a person.
• In this regard, the Court stressed the importance of
Article 21 and 22 cumulatively.
D.K. BASU V STATE OF WEST BENGAL– (1996)
Torture is an instrument to impose State Will -
Against Rule of Law
• SC not only outlined the gross failures of the Indian
criminal justice system but outlined how deep-rooted
the tendencies to use coercive methods, including
torture, by the Indian police and security agencies,
are.
• The Court held “Custodial violence including torture
and death in lock ups strikes a blow at the rule of
law which demands that the powers of executive
should not only be derived from law but also that the
same should be limited by law.”
• ‘Torture’ of a human being by another human being
is essentially an instrument to impose the will of the
‘strong’ over the ‘weak’ by suffering.
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• The word torture today has become synonymous with
the darker side of the human civilisation.
COURT LAID DOWN BASIC REQUIREMENTS TO BE
FOLLOWED IN CASES OF ARREST
• The police personnel carrying out the arrest and
handling the interrogation of the arrestee should bear
accurate, visible and clear identification and name
clear identification and name tags with their
designations.
• The friend or family members of the person arrested
must be informed soon after the arrest. The
particulars of all such police personnel who handle
interrogation of the arrestee must be recorded in a
register.
• The person arrested must be made aware of this right
to have someone informed of his arrest or detention
as soon as he is put under arrest or is detained.
• An entry must be made in the diary at the place of
detention regarding the arrest of the person which
shall also disclose the name of the next fried of the
person who has been informed of the arrest and the
names and particulars of the police officials in whose
custody the arrestee is.
• Copies of all the documents including the memo of
arrest, referred to above, should be sent to the
Magistrate for his record.
IMPACT OF THE TWO JUDGMENTS – D.K. BASU &
JOGINDER KUMAR
• So, overall in both these judgments, Supreme Court
highlighted the aspects of Right to life and right to be
informed.
• Through the guidelines, the Court sought to curb the
power of arrest, as well as ensure that the accused is
made aware of all critical information regarding
his/her arrest and also convey immediately about the
arrest to their friends and family members.
• These guidelines became a part of Code of Criminal
Procedure as it was added in 2008 after amendment
in the said law especially provisions pertaining to
rights of the person arrested and responsibilities or
duties of the police officer who has arrested the
accused.
SUPREME COURTS MUST FOCUS ON FUNCTIONING OF
JUDICIAL MAGISTRATE
• Article 22 of the Indian Constitution has highlighted
the important role played by Judicial Magistrates in
case a person is arrested by the police as he/she must
be presented before a magistrate within 24 hours.
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• Thus, Article 22 along with Article 21 of the Indian
Constitution is one of the most basic and cardinal
rule of criminal jurisprudence and it also ensures
that rights and dignity of the accused is intact until
his guilt is proven beyond reasonable doubt in a
Court of law.
• So, the real focus of Supreme Court apart from larger
reforms of police and criminal justice system should
be to reconsider the important judicial work done
when an accused is presented before a judicial
magistrate upon his/her arrest.
• Generally, in practice, the overworked magistrate is
very often in a rush to get done with the “remand
case”, rather than treat an arrested person with the
care and the consideration that the person deserves
and is entitled to.
• Thus, the Constitutional Courts must focus on
functions of Judicial Magistrate before whom police
produces the accused arrested within 24 hours as he
is the point of first contact for a citizen as per the
constitutional rule of law under Article 22.
WAY FORWARD
• Supreme Court has given clear guidelines to prevent
custodial torture but still incidents of custodial torture
including death caused during police custody is not
an exception in India.
• Parliament must draft a law to prevent custodial
violence and Indian Government should also ratify
the United Nation Convention Against Torture
(UNCAT) as soon as possible as also suggested by
rd
273 Law Commission’s Report.
• Supreme Court of India has been hailed by jurists and
scholars as the only institution working in favour of
police reforms and has accordingly provided
important judgments not only to ensure transparency
in police functioning but also to safeguard rights of
arrested persons.
►THE JOURNEY OF POLICE
REFORMS IN INDIA
Police is under State List under the Seventh Schedule
of the Indian Constitution and accordingly state
government enjoys jurisdiction over the functioning of
police and overall law and order in the society.
IMPORTANT STEPS TAKEN IN INDIA ON POLICE
REFORMS
• Gore committee on police training (1971-73) -
recommended enlarging the content of police training
118

from law and order and crime prevention to a greater
sensitivity and understanding of human behaviour.
• National police commission 1977 - recommended
insulating the police from illegitimate political and
bureaucratic interference.
• Padmanabhaiah Committee 2000 - recommended
that constables, and the police force in general,
should receive greater training in soft skills (such as
communication, counselling and leadership) given
they need to deal with the public regularly.
• The Police Act Drafting Committee (or Soli
Sorabjee Committee) - drafted a new Model Police
Act to replace the colonial 1861 Police Act.
PRAKASH SINGH CASE - FILED IN 1996
• Prakash Singh, former Director General of Police filed
a petition in Supreme Court in the year 1996 and
sought major changes to the police structure.
• He stressed on autonomy and appealed for police
professionalism in the service by giving a fixed
tenure to police officers holding crucial positions
beginning with the DGPs in the States.
• Supreme Court gave number of orders including
fixation of tenure of senior police officers, setting up
of a State Security Commission, mandated a new
Police Act on the basis of a model Act prepared by the
Union government which was circulated among
States.
EFFORTS MADE AFTER FILING OF PIL BY PRAKASH
SINGH ON POLICE REFORM
• This led to the government constituting a new
committee under the chairmanship of Julio Ribeiro in
1998. This was followed by further committees
like Padmanabhaiah, Malimath committee, Soli
Sorabjee committee.
• The Soli Sorabjee Committee submitted the Model
Police Act in 2006, which was circulated to all the
states in 2006. Many states have passed new laws or
amended their existing laws in light of this new model
law.
• The Model Police Act, 2006 differentiates between
core and non-core functions of police. Core functions
mean duties related to sovereign functions of the
State including arrests, search, seizure, crime
investigation, crowd control and allied functions that
can only be performed by the police as the agency of
the State. Any other functions apart from core
functions performed by the police shall be considered
as non-core functions of police.
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FINAL VERDICT – PRAKASH SINGH V UNION OF INDIA
& OTHERS
As per the final verdict, states and union territories were
directed to comply with seven binding directives which
were supposed to be implemented by respective state
and Union Territories. These directives are -
1. Constitution of a State Security Commission - in
every State as a watchdog body to oversee the
functioning of the police, with its recommendations
being binding on the State Government.
2. Selection of DGP - Selection of the State Director
General of Police from out of a panel prepared by
UPSC, and provision for a minimum tenure of two
years for the DGP so selected, irrespective of his date
of superannuation, except under circumstances
specified in the directive.
3. Fixing Tenure - A minimum two year tenure for other
police officers (Zonal IGPs, Range DIGs, District
Superintendents of Police and Station House
Officers), except under specified circumstances.
4. Separation of Wings - Separation of investigation
from law and order, duly ensuring full coordination
between the two wings.
5. Creation of Police Establishment Boards to deal
with transfers, postings and other service-related
matters of police officers, including disposal of their
appeals on being subjected to illegal or irregular
orders.
6. Constitution of Police Complaints Authorities at
the State and District levels to look into complaints
against police officers.
7. Constitution of a National Security Commission at
the Union level to prepare panels for selection of
Chiefs of Central Police Organisations and to review
measures to upgrade their effectiveness, etc.
IMPORTANCE OF SEPARATION OF INVESTIGATION &
LAW AND ORDER FUNCTIONS OF POLICE
• Investigations are poorly mounted, slow, done by
inadequately trained and unspecialized staff and
frequently subject to manpower deflection into other
pressing law and order duties. Both investigation and
law and order are vital and specific police functions.
• In order to encourage specialization and upgrade
overall performance, the Court has ordered a
gradual separation of investigative and law and
order wings, starting with towns and urban areas with
a population of one million or more.
119

• This will streamline police functioning, ensure
speedier and more expert investigation and improve
rapport with the people.
SC ALSO SET UP THREE MEMBER K.T. THOMAS (2008)
COMMITTEE
• In the Prakash Singh Judgment of 2006, Supreme
Court required immediate implementation of its
orders either through executive orders or new police
legislation. Initially, the Court itself monitored
compliance of all States and Union Territories.
• However, in 2008 it set up a three member
Monitoring Committee chaired by former SC Judge
K.T. Thomas with a two year mandate to examine
compliance state by state and report back to it
periodically.
• The committee in its report submitted in 2010
whereby it said that practically no state had fully
complied with the SC directives in letter and spirit. It
also expressed its dismay over the total indifference
to the issue of reforms in the functioning of police
being exhibited by the states.
RECENT DEVELOPMENTS
• The Government has reviewed the Model Police Act,
2006 and accordingly has drafted Draft Model Police
Bill, 2015. The drafting committee has tried to
incorporate the essence for making police more
responsive, efficient and citizen friendly.
• Most of the states passed new laws or amended their
existing laws in light of Model Police Act, 2006
drafted by Soli Sorabjee Committee.
• In 2018, SC restrained state government s from
appointing Director-General of Police (DGP) without
first consulting the Union Public Service Commission
(UPSC).
• The State governments has to send to UPSC the
names of the probable officers to be appointed as
DGP three months before the incumbent DGP is to
retire.
• This judgment was in line with the recommendations
given in Prakash Singh Judgment.
WAY FORWARD
• There is a need not only to reform the police
functioning but the entire ecosystem in which it
functions. This includes the entire criminal justice
system of which police and judiciary are a crucial
member.
• Malimath Committee has given important
recommendations to reform not only the functioning
of our police but the entire ecosystem of criminal
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jurisprudence. Let us go through the important
highlights on need for comprehensive reform in the
criminal justice system.
►NEED FOR COMPREHENSIVE
REFORM IN THE CRIMINAL
JUSTICE SYSTEM
DUTY OF THE STATE – PROTECT LIFE AND PERSONAL
LIBERTY
• The pursuit of life, liberty and peace includes freedom
from crime. The State’s foremost duty is to provide
these basic rights to each citizen and protect the basic
rights to life and property.
• The success of a Criminal Justice System can only be
measured by how successful it is in ensuring these
rights in word and spirit. Its success will be reflected
in the confidence of the public in the system.
• The State has to give protection to persons against
lawlessness, disorderly behaviour, violent acts and
fraudulent deeds of others. Liberty cannot exist
without protection of the basic rights of the citizens
by the Government.
• In this aspect, we can say that criminal law is
considered to be the most apparent expression of the
relationship between a state and its citizens.
• Hence, the purpose of such reform must be to
transform the approach towards criminal justice by
re-classification of offence to recognise and classify
crimes done in the present with an eye on the future.
So, in doing such reforms, several points must be
taken into consideration: These are:
1. Identification of rights of victims of crime – In this,
thrust in reform must be given to introducing victim
and witness protection scheme, use of victim impact
statements, advent of victim advocacy, increased victim
participation in criminal trials, enhanced access of
victims to compensation and increased emphasis on
victims in the criminal justice system.
2. New offences must be based on principles of
criminal jurisprudence– Principles of criminal
jurisprudence are:
ο Presumption of Innocence until proven guilty
ο Burden of proof on the prosecution i.e. those who has
charged the accused of any crime
ο Right to remain silent – [Article 20(3) and US Fifth
Amendment]
ο Double Jeopardy – No one shall be punished twice for
the same offence
120

ο Right to fair trial
3. Re-moulding old offences – There is not only need to
re-mould offences drafted to suit British colonialism
but also to re-work on classification of offence under
specific chapters. Offences such as criminal
conspiracy, sedition, offences against coin and stamps
etc. needs to be abolished or replaced. Even the
chapters on offences against public servants,
contempt of authority, public tranquility, and trespass
can be redefined and narrowed.
TERMS OF REFERENCE OF MALIMATH COMMITTEE
The Committee on Reforms of the Criminal Justice
System was constituted by the Government of India,
Ministry of Home Affairs in the year 2000, to consider
measures for revamping the Criminal Justice System.
The terms of reference for the Committee were:
• Examine Fundamental Principles of criminal
jurisprudence
• Re-writing Criminal Laws to bring them in tune with
present times
• Reforming Judicial Process
• Developing Synergy between judiciary, prosecution
and the police
• To examine the feasibility of introducing the concept
of “Federal Crime” which can be put on List I in the
Seventh Schedule to the Constitution.
RECOMMENDATIONS BY MALIMATH COMMITTEE
• Following certain aspects of Inquisitorial System -
Adopting some of the important features of
Inquisitorial System into our Adversarial system such
as involvement of Court in investigation process so as
to search for truth, to assign a pro-active role to the
Judges, to give directions to the investigating officers
and prosecution agencies in the matter
investigation.
However, the Committee on balance felt that, a fair trial
and in particular, fairness to the accused are better
protected in the adversarial system.
• In the Inquisitorial system, members of judiciary
participate in the investigation process whereas in the
Adversarial system, the members of judiciary do not
participate in the investigation process as it is done
solely by the police or a separate agency.
• Right to remain Silent – An accused, in most cases is
the best source of information. So, on this note the
Committee felt that while respecting the right of the
accused under Article 20(3), a way must be found to
tap this critical source of information. As per the
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committee, the accused must file a statement to the
prosecution disclosing his stand.
• Rights of Accused - All the rights of the accused
flowing from the laws and judicial decisions should be
collected and put in a Schedule to the Code.
• Presumption of Innocence & Burden of Proof – To
prove criminal cases, standard of proof has to be
beyond reasonable doubt. The Committee after
careful assessment said that the standard of proof
beyond reasonable doubt presently followed in
criminal cases should be done away with and
recommended in its place a standard of proof lower
than that of ‘proof beyond reasonable doubt’ and
higher than the standard of ‘proof on preponderance
of probabilities’.
• Legal Services & Compensation to Victims of crime
– Legal services to victims in select crimes may be
extended to include psychiatric and medical help.
Victim compensation is a State obligation in all
serious crimes, whether the offender is apprehended
or not, convicted or acquitted.
• Investigation - A prompt and quality investigation is
the foundation of the effective Criminal Justice
System. So, the committee has made the following
recommendations:
ο The Investigation Wing should be separated from the
Law and Order Wing of the police.
ο People involved in investigation must be trained in
advanced technology, knowledge of changing
economy, new dynamics of social engineering, efficacy
and use of modern forensics etc.
ο National Security Commission and the State Security
Commissions at the State level should be constituted,
as recommended by the National Police Commission.
of
• Witness Protection - Witness who comes to assist
the court should be treated with dignity and shown
due courtesy. An official should be assigned to
provide assistance to him. A law should be enacted
for giving protection to the witnesses and their family
members on the lines of the laws in USA and other
countries.
• Making Perjury an offence – Giving false oath must
be a criminal offence as it misleads the courts in
criminal cases.
• Re-classification of Offence - the Committee feels
that when reviewing the Indian Penal Code it may be
examined whether it would be helpful to make a new
classification into i) The Social Welfare Code, ii) The
Correctional Code, iii) The Criminal Code and iv)
Economic and other Offences Code.
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• To remove the distinction between cognizable and
non-cognizable offences and making it obligatory on
the Police Officer to investigate all offences in respect
of which a compliant is made. Cognizable Offence has
been defined under Code of Criminal Procedure
(Cr.PC). Cognizable offence means a case in which a
police officer may arrest without warrant. Cognizable
offences are usually offences which are serious in
nature like murder, rape, dowry death, kidnapping
etc.
• Federal Crime - the following categories of crime can
be declared as federal crime:
ο Terrorism and organised crime having inter-State
and international ramifications.
ο Crimes in special maritime and territorial
jurisdiction of India.
ο Murder of Head of State, Central Government
Minister, Judge of the Supreme Court and
internationally-protected persons.
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RIGHT ISSUES
ο Frauds, embezzlement and cheating in nationalized
banks/Central PSUs; Financial institutions.
ο Tax offences involving Union taxes like Income Tax,
Customs, Central Excise, etc.
ο Counterfeit currency; money laundering.
ο Offences relating to art, treasures and antiquities
ο Offences relating to hijacking of aircraft/ships
ο Piracy on the high seas
ο Offences of the Central Government employees
under the Prevention of Corruption Act and related
sections of the IPC.
ο Offences by officers of All-India Services under the
Prevention of Corruption Act, and related sections
of the IPC.
• Vacations for Courts – Considering large pendency
of cases, the Committee has suggested to reduce
vacation in High Courts and Supreme Court in the
larger public interest.
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Section-7
ENTRE –
REALTIONS
►INTEGRATION OF JAMMU &
KASHMIR
Government of India through a Presidential Order of
2019 issued under Article 370(1) of the Indian
Constitution ended the special status granted to
Kashmir. Government also enacted The Jammu and
Kashmir (J&K) Reorganisation Act, 2019 which not only
ended the statehood of J&K but also converted the state
into two Union Territories of J&K and Ladakh. The UT of
J&K will also have a Legislative Assembly on the patterns
of Delhi and Puducherry.
A. ENDING SPECIAL STATUS PROVIDED THROUGH
ARTICLE 35A
• Article 35A was added to the Indian Constitution
through The Constitution (Application to Jammu
and Kashmir) Order, 1954 under Article 370(1) of the
Indian Constitution.
• Article 35A applied to permanent residents of the
State of Jammu and Kashmir. Article 35A conferred
following special rights to permanent residents in the
following areas:
i. employment under the State Government
ii. acquisition of immovable property in the State
iii. settlement in the State
iv. right to scholarships and such other forms of aid
as the State Government may provide
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B. EXPANSION OF DOMICILE IN J&K
• The term “Permanent Resident” as per Artcile35A has
been replaced by “Domicile of Union territory of
Jammu and Kashmir” as per an order of Ministry of
Home Affairs (MHA).
• MHA has expanded the scope of persons domiciled in
the UT of J&K including those
ο who has resided for a period of 15 years in the UT
of J&K or
ο who has studied for a period of seven years and
appeared in Class 10th /12th examination in an
educational institution located in the UT of J&K or
ο who is registered as a migrant by the Relief and
Rehabilitation Commissioner (Migrants).
• After the original notification, Ministry of Home Affairs
has amended its earlier order.
• Earlier, the Centre had reserved only level-4 jobs for
the J&K residents.
• This resulted in widespread backlash so accordingly
MHA has now through amendment reserved all
government jobs for the domiciles of Jammu and
Kashmir (J&K) irrespective of level and pay scale.
C. MHA NOTIFICATION ON FUNCTIONS &
JURISDICTION OF LG & CM UNDER TRANSACTION OF
BUSINESS RULES 2019
• MHA has notified The Transaction of Business of the
Government of Union Territory of Jammu and
123

Kashmir Rules, 2019 that specify the functions of the
Lieutenant-Governor (L-G) and the Council of
Ministers (CoM).
• J&K has been without a Chief Minister since June
2018. According to the requirements of the Jammu
and Kashmir Reorganisation Act, 2019, fresh elections
will be held after the delimitation exercise is
completed.
D. L-G’S JURISDICTION
• Police, Public Order, All India Services and
Anti-corruption will fall under the executive
functions of the L-G, implying that the Chief
Minister or the Council of Ministers will have no
say in their functioning.
• Proposals regarding matters of All India Services
Officers and Anti-Corruption Bureau shall be
submitted to the Lieutenant Governor by the
commissioner or secretary of the General
Administration Department.
• Proposals or matters which affects or are likely
to affect peace and tranquility or the interest of
any minority community, the Scheduled Castes,
the Scheduled Tribes and the Backward Classes
shall essentially be submitted to the Lieutenant
Governor through the Chief Secretary, under
intimation to the Chief Minister, before issuing
any orders.
E. JURISDICTION OF COUNCIL OF MINISTER
• The Council of Ministers, led by the CM, will
decide service matters of non-All India Services
officers, proposal to impose new tax, land
revenue, sale grant or lease of government
property, reconstituting departments or offices
and draft legislation.
F. IN CASES OF DIFFERENCE OF OPINION BETWEEN
COM & LG
Decision of LG is final if matter not resolved within
30 Days
• Step 1 - If matter not resolved, LG can refer such
matter to the Council of Ministers.
• Step 2 - If the difference of opinion persists, Council
of Minister shall convey its decision not later than 15
days from the date when the matter was referred by
the LG.
• Step 3 - In case no such decision is received within 15
days from the date of such reference by LG, the
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CENTRE – STATE RELATIONS
decision of LG shall be deemed to have been
accepted by the Council of Ministers.
G. REFERENCE TO CENTRAL GOVERNMENT IN CASE OF
DIFFERENCE OF OPINION
• In case of difference of opinion between LG & COM,
the LG shall refer the matter to the Central
Government for the decision of the President and
shall act according to the decision of the President.
• So now, the President of India will have the final say
on any matter over which differences may arise
between the LG and J&K’s Council of Ministers.
• Further, the LG of J&K has also been empowered to
pass directions in such situations that action taken by
the Council of Ministers will be suspended for as long
as it takes the President of India to decide on the
cases referred to her.
H. COMMUNICATION WITH CENTRE ON IMPORTANT
MATTERS
• The rules state that any matter which is likely to bring
the Government of the Union territory into
controversy with the Central Government or with any
State Government shall be brought to the notice of
the L-G and the CM by the Secretary concerned
through the Chief Secretary.
• All communications received from the Centre,
including those from the Prime Minister and other
Ministers shall as soon as possible after their receipt,
be submitted by the Secretary to
ο Chief Secretary,
ο Minister in charge,
ο Chief Minister and
ο L-G for information.
I. THIRTY NINE DEPARTMENTS IN UT OF J&K
As per the notifications, there will be 39 departments in
the Union Territory of Jammu and Kashmir, including
agriculture, school education, higher education,
horticulture, floriculture, election, general
administration, home, mining, power, PWD, transport
and tribal affairs.
J. OTHER CHANGES BY MHA – (OUTSIDERS CAN BUT
LAND IN J&K AND LADAKH)
• Amending The J&K Land Revenue Act, 1996by MHA
- Allows anyone to buy land in the two UTs with an
exception of agricultural land, which can only be
transferred or sold to an agriculturist.
• The government however can authorise an
agriculturist to alienate land to a non-agriculturist for
sale/gift/exchange.
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• Thus, the amended laws
ο Ended the exclusive rights of “permanent
residents” over land in J&K
ο Has opened up urban or non-agricultural land for
purchase by outsiders including investors,
ο provides for setting up of an industrial
development corporation,
• Declaring Strategic Areas by Army Officer – After
amending J&K Development Act, 1970, government
might on the written request of an Army officer not
below the rank of Corp commander, can declare an area
as “strategic area” within a local area “only for direct
operational and training requirement of armed forces”.
• Amendment in Domicile Law Allowing “Spouse of
a Domicile” to be Deemed Domicile - This was
earlier applied only to children of Central government
officials posted in J&K for a total period of 10 years,
who are also eligible as domiciles.
• The J&K Industrial Development Co-operation - has
been set up under the rules. If the Corporation is
unable to acquire land, the government could invoke
the provision of the Right to Fair Compensation Act,
and acquire the land on behalf of the corporation for
public purposes.
• The Real Estate (Regulation and Development) Act
(RERA), 2016 is now applicable in the UT of J&K.
K. DIRECT ELECTIONS FOR DISTRICT DEVELOPMENT
COUNCILS
MHA has notified amendments in the Jammu and
Kashmir Panchayati Raj Act, 1989, for holding direct
elections for District Development Councils (DDCs),
which will constitute the third-tier of the Panchayati Raj
System. The J&K administration has also amended the
J&K Panchayati Raj Rules, 1996 to establish elected
District Development Councils in Jammu and Kashmir.
• The Jammu and Kashmir Panchayati Raj Act, 1989
constitutes Halqa Panchayats, Block Development
Councils and the District Planning and Development
Boards.
• Halqa refers to the area comprising a village or such
contiguous number of villages as may be determined
by the Government.
• Amendment Establishes District Development
Councils - effectively replacing District Planning and
Development Boards in all districts.
• 14 Territorial Constituency - Under the new
mechanism, each district will be divided into 14
territorial constituencies by the respective deputy
commissioners for electing their representatives, who
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will then among themselves elect the chairman and
vice-chairman of these councils.
• Jurisdiction of DDC - DDC will have jurisdiction over
the entire district, excluding those areas designated
as municipalities or municipal corporations.
• Term - The term of the DDC will be five years, and the
electoral process will allow for reservations for
Scheduled Castes, Scheduled Tribes and women. The
Additional District Development Commissioner shall
be the Chief Executive Officer of the District
Development Council.
• Need for Delimitation - The 14 constituencies for
electing representatives to the DDC will have to be
delimited. Accordingly, these 14 constituencies will be
carved out of the rural areas of the district.
• Chairperson & Vice-Chairperson - Later the elected
members will subsequently elect a Chairperson and a
Vice-chairperson of the DDC from among themselves.
• Right to Vote - All DDC members, whether or not
elected by direct election from the territorial
constituencies in the district, shall have the right to
vote in the meeting of the District Development
Council. However, the MLAs will have no voting rights
in the case of election or removal of the Chairperson
or Vice-Chairperson.
Need for a Separate Law for Jammu and Kashmir
Local Elections
rd th
• Constitution 73 and 74 Amendment created
Panchayats and Municipalities for the rest of India
and provided for their periodic elections every five
years.
• However, both the amendments were not applicable
to the erstwhile state of Jammu and Kashmir because
of special provisions made under Article 370 of the
Indian Constitution.
• Hence, a new law namely the Jammu and Kashmir
Panchayat Raj Act 1989 was enacted by the Jammu
and Kashmir State Legislature to create local bodies
and also provide for their periodic elections every five
years.
►ASYMMETRIC FEDERALISM IN
INDIA
“Asymmetric Federalism” which refers to treating
different states differently as per the need and
circumstances of time and in the best interest of Union
of India. Prior to integration, Jammu and Kashmir
enjoyed special status through Article 370. Similarly
several north-eastern states including other states still
125

enjoy special provision under Article 371 for their overall
development.
INDIA’S FEDERALISM ENABLES UNITARY POWER OF
CENTRAL GOVERNMENT
• India represents an idea of demos enabling -
design of federalism places fewer checks on the
power of national majorities. For eg. Rajya Sabha has
lesser power with respect to passing Money Bills as
compared to Lok Sabha.
• Indian constitution provides autonomy to states
under VIIth schedule but in times of emergency
empowers the Union Government.
• Placing flexibility in the hands of Central
government was deliberate and designed to
enable decisive Central action to protect national
integrity in the aftermath of Partition.
ARGUMENTS ABOUT ASYMMETRIC FEDERALISM
• In the Constituent Assembly, B.R. Ambedkar
highlighted the difference between the ‘tight mould’
of other federal systems and the flexibility hard-wired
into India’s federal structure as it enabled it to be
both ‘unitary as well as federal’ according to the
requirements of time and circumstances.
• Constitutional provisions allowed strengthening
federalism in India - Eg: creation of new states and
altering of boundaries (under Article 3) on regional
demands based on identity and language.
• Constitution does not give veto of bifurcation to
states - This enabled the Central government to
accommodate linguistic and ethnic diversities in a way
that would have been much harder in a more rigid
federal system.
• Special Treatment to States based on their Special
Needs of different states – Enables overall socio-
economic and cultural development of regions.
• Special Provisions provided to tribal areas
through Fifth and Sixth Schedule strengthens
grass root democracy and also helps in preserving
local culture, tradition and customs.
• Thus, until the 2000s, most of these regional changes
were done based on a slow process of consensus
building within the regions concerned.
CRITICISM OF ASYMMETRIC PROVISIONS
• Discriminatory in nature and do not ensure equality
to all states. Example – Special Provisions under
Article 371A-J.
• Asymmetric Agreements with few states results in
denial of autonomy to such states that can provide
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CENTRE – STATE RELATIONS
ground for growth of secessionist tendency among
states – (eg. Naga Framework Agreement )
• Leads to demand of special status category by
states having less revenue.
• Leads to secessionist tendencies among states.
• Helps in converting regional aspiration into
political demands.
►PROBLEMS HIGHLIGHTED BY JAL
SHAKTI MINISTRY TO 15TH
FINANCE COMMISSION
Ministry of Jal Shakti has asked for additional Rs. 82,000
th
crore from 15 Finance Commission for Jal Jeevan
Mission which aims at providing potable water at service
level of 55 litre per capita per day (lpcd) to every rural
household through Functional Household Tap
Connection (FHTC) by 2024. The Jal Jeevan Mission will
be based on a community approach to water and will
include extensive Information, Education and
Communication as a key component of the mission.
PROBLEMS HIGHLIGHTED BY JAL SHAKTI MINISTRY TO
15TH FINANCE COMMISSION
• Ministry of Jal Shakti showed that there had been a
45% shortfall in financing the Jal Jeevan Mission (JJM)
by both the Centre and the States in its first year of
2019-20.
• The Ministry pitched for additional funding of Rs.
82,000 crore to meet the need for capital intensive
projects in water scarce areas, and areas where the
water has been contaminated by arsenic or flouride,
or has high-salinity levels.
• The Ministry also wants to control the flow of the
Finance Commission’s funds to panchayats for water
and sanitation.
• In its interim report for 2020-21, the Commission had
allocated Rs. 30,375 crore as tied grants to rural local
bodies for drinking water and sanitation in order to
ensure additional funds to the local bodies over and
above the funds allocated under the centrally
sponsored schemes, Swachh Bharat and Jal Jeevan
Missions.
SUGGESTIONS OF JAL SHAKTI MINISTRY
• No guidelines for Panchayats to identify important
work needed for Jal Jeevan Mission
• No criteria or indicators to assess the performance of
Panchayati raj institutions regarding use of tied grants
of Rs. 30,375 crores provided to rural local bodies for
drinking water and sanitation.
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 CENTRE – STATE RELATIONS
• Jal Shakti Ministry has proposed to Finance • The Ministry would in turn release it to the
Commission that the tied grants worth Rs. 30,375 panchayats, to ensure that they follow the JJM’s five-
crore be placed with the Jal Shakti Ministry and no year village action plans.
with Panchayati Raj Institutions for lack of any
regulatory monitoring.
ABOUT JAL JEEVAN MISSION – SWOT ANALYSIS

COMPONENTS OF JAL JEEVAN MISSION • Wherever necessary, bulk water transfer,

• Development of in-village piped water supply treatment plants and distribution network to
infrastructure to provide tap water connection to cater to every rural household.
every rural household. • Technological interventions for removal of
• Development of reliable drinking water sources contaminants where water quality is an issue.
and/ or augmentation of existing sources to • Retrofitting of completed and ongoing schemes to
provide long-term sustainability of water supply provide FHTCs at minimum service level of 55 litre
system. per capita per day.

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 CENTRE – STATE RELATIONS
• Greywater management - greywater is generally OFFICIAL LANGUAGE OF INDIA
waste water from showers, baths, basins, and • Article 343(1) - The official language of the Union
washing machines. Typical applications shall be Hindi in Devanagari script. The form of
for greywater recycling and re-use are toilet flushing, numerals to be used for the official purposes of the
irrigation and other non-potable uses. Reusing Union shall be the international form of Indian
wastewater is a crucial part of the numerals.
sustainable management of water resources.
• Article 343(2) - provides that English shall also be
• Support activities – Information, Education and continued to be used in official work of the Union for
Communication (IEC), HRD, training, development of a period of 15 years from the date of commencement
utilities, water quality laboratories, water quality of the constitution, i.e., up to the 25th of January
testing & surveillance, R&D, knowledge centre, 1965.
capacity building of communities, etc.
• Article 343(3) made provisions for the continuation
• Any other unforeseen challenges or issues of English from 26th January 1965 by empowering the
emerging due to natural disasters or calamities parliament to make laws to that effect.
which affect the goal of FHTC to every household
• Accordingly, Parliament passed The Official
by 2024, as per guidelines of Ministry of Finance on
Languages Act, 1963 to provide for the languages
Flexi Funds.
which may be used for the official purposes of the
FINANCIAL PLANNING OF JAL JEEVAN MISSION Union, for transaction of business in Parliament, for
• Central financial assistance for Jal Jeevan Mission will Central and State Acts and for certain purposes in
have two sources namely Gross Budgetary Support High Courts.
(GBS) and Extra Budgetary Resources (EBR). The fund • The Official Languages Act, 1963 allowed
sharing pattern of the mission will be as under: continuance of English language for official purposes
Central State Share of the Union and for use in Parliament even
State/ Union Territory
Share In % In % after1965. As per the Act, both English and Hindi shall
Himalayan and North 90 10 be used for certain specified purposes like
Eastern States resolutions, rules, general orders, notifications, press
Other States 50 50 communiqués, administrative and other reports,
Union Territories with 90 10 licenses, tenders, etc.
Legislature • The Act provides for the following –
Union Territories 100 -
ο English language shall be used for purposes of
without Legislature
communication between the Union and a State
which has not adopted Hindi as its official
►NEED TO AMEND OFFICIAL language.
ο For communication between states where only
LANGUAGES ACT
one state has recognised Hindi as its official
Supreme Court stayed the Delhi High Court’s contempt language, then communication in Hindi shall be
of court proceedings initiated against the Ministry of accompanied by a translation of the same in the
Environment and Forest (MOEF) for failing to publish the English language.
draft EIA notification in 22 regional languages as
• Optional use of Hindi or other official language in
provided in the Eight Schedule to the Indian
judgments, etc., of High Courts - Governor of a
Constitution. The Official Languages Act 1963 stipulates
State with the previous consent of the President may
the government to publish rules only in Hindi and
authorise the use of Hindi or the official language of
English.
the State, in addition to the English language for the
SUPREME COURT’S DECISION purposes of any judgment, decree or order passed or
• CJI held that the government should consider made by the High Court for that State.
amending the Official Languages Act of 1963 to • Where any judgment, decree or order is passed or
include more vernacular languages in governance and made in any such language (other than the English
not just confine it to Hindi and English as there are language), it shall be accompanied by a translation of
many people in India who do not know Hindi and the same in the English language issued under the
English. authority of the High Court.

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CONTEMPT OF COURT OF COURT PROCEEDINGS
• Contempt of Court proceedings in India is governed
through The Contempt of Courts Act, 1971. The Act
defines contempt as civil contempt or criminal
contempt.
• “Civil Contempt” means willful disobedience to any
judgment, decree, direction, order, writ or other
process of a court or willful breach of an undertaking
given to a court.
• “Criminal Contempt” means the publication
(whether by words, spoken or written, or by signs, or
by visible representations, or otherwise) of any matter
or the doing of any other act whatsoever which
(i) scandalises or tends to scandalise, or lowers or
tends to lower the authority of, any court; or
(ii) prejudices, or interferes or tends to interfere
with, the due course of any judicial proceeding;
or
(iii) interferes or tends to interfere with, or obstructs
or tends to obstruct, the administration of justice
in any other manner.
• Contempt of Court is a punishable offence and High
Court and Supreme Court can provide for certain
punishment as per the Act.
INSTANCES WHICH CANNOT BE SAID TO BE
CONTEMPT OF COURT
• Innocent publication or distribution of matter
• Fair and accurate report of judicial proceedings
• Fair criticism of judicial act upon the merits of any
case
• When a person makes any statement in good faith
concerning the presiding officer of any subordinate
court to any other subordinate court or to the High
Court.
• A person shall not be guilty of contempt of court for
publishing a fair and accurate report of a judicial
proceeding before any court sitting in chambers or in
camera except in the following cases:
(a) where the publication is contrary to the provisions
of any enactment for the time being in force;
(b) where the court, on grounds of public policy or in
exercise of any power vested in it, expressly
prohibits the publication of all information relating
to the proceeding or of information of the
description which is published,
(c) where the court sits in chambers or in camera for
reasons connected with public order or the
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CENTRE – STATE RELATIONS
security of the State, the publication of
information relating to those proceedings.
(d) where the information relates to a secret process,
discovery or invention which is an issue in
proceedings.
CONTEMPTS NOT PUNISHABLE IN CERTAIN CASES
(a) No court shall impose a sentence under contempt
of court unless it is satisfied that the contempt is
of such a nature that it substantially interferes, or
tends substantially to interfere with the due
course of justice.
(b) In any contempt proceedings, Court may permit
jjustification by truth as a valid defence if it is
satisfied that such justification is in public
interest and such request is made in good faith.
Procedure where contempt is in the face of the
Supreme Court or a High Court (Section 14)
• When it is alleged, or appears to the Supreme Court
or the High Court upon its own view, that a person
has been guilty of contempt committed in its
presence or hearing, the Court may cause such
person to be detained in custody, and, at any time
before the rising of the Court, on the same day, or as
early as possible thereafter, shall –
(a) cause him to be informed in writing of the
contempt with which he is charged,
(b) afford him an opportunity to make his defence to
the charge,
(c) after taking such evidence as may be necessary or
as may be offered by such person and after
hearing him, proceed, either forthwith or after
adjournment, to determine the matter of the
charge; and
(d) make such order for the punishment or discharge
of such person as may be just.
CASES OF CRIMINAL CONTEMPT – SC OR HC MAY TAKE
ACTION ON ITS OWN MOTION OR MOTION MADE BY
(a) Advocate-General of a state – in relation to High
Court,
(b) Attorney General of India or Solicitor General in
relation to Supreme Court
(c) Any other person, with the consent in writing of
the Advocate-General or
(d) For Delhi HC, such Law Officer as the Central
Government may notify or any other person, with
the consent in writing of such Law Officer.
• Criminal Contempt in Subordinate Courts - HC may
take action on a reference made to it by
129

(a) the subordinate court or
(b) by the Advocate-General of State or,
(c) for any UT, by such Law Officer as notified by
Central Government.
• A Judge, Magistrate or Other Person Acting
Judicially shall also be liable for contempt of their
own Court or any other Court.
►PRIVY PURSE ABOLISHED
India’s first Home Minister, Sardar Vallabhai Patel and
his Secretary V.P. Menon played a big role in persuading
the princely states to join Indian Union and in the
process an agreement was reached with respect to grant
of an “annual fees” to the Ruler of Indian States or
successor of such ruler recognised by the President. This
Annual Fees was described constitutionally as Privy
Purse.
WHY WAS THERE A NEED FOR SUCH A MECHANISM?
• By The Indian Independence Act 1947, the Crown
abandoned its suzerainty, leaving the rulers of the
states free to choose to accede either to India or to
Pakistan, or to remain fully independent.
• Most of the States had been so dependent on the
Government of India that they had little choice about
accession.
• By the eve of independence, only a few states held
out for complete independence after the British left
India.
• In consideration of such princely states signing the
Instrument of Accession, the Government of India
granted them a ‘privy purse’, which was a specified
sum of money that was payable annually to the rulers
of such States.
QUESTIONS ON ‘PRIVY PURSE’ (CAN BE USED AS
CRITICISM)
• Burden of Colonial Past - Article 291 & 362 enabled
payments of ‘privy purse’ to the former rulers.
However, such payment to former rulers was often
questioned as a relic of the colonial past
• Privy Purse conferred ‘special status’ to ruling
class.
• Went against the idea of equal rights for all citizens,
as enshrined under fundamental rights of Indian
constitution.
• Incompatible with principles of democracy,
equality and social justice.
• Was unrelated to any current functions and social
purposes including an egalitarian social order.
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• Unnecessary expense on government exchequer
on a newly born independent nation which was
ridden with poverty, hunger and security
challenges.
• Prime Minister Jawaharlal Nehru was not very
much in favour of giving annual fees to the rulers
of former Indian States but had to accede
considering a long term bargain for their accession to
Indian Union.
ABOLISHING PRIVY PURSE
• Prime Minister Mrs. Indira Gandhi moved
Constitution (Twenty Sixth Amendment) Act, 1971
which eventually abolished Privy Purse in India by
omitting Article 291 and 362 from the Indian
Constitution.
• The Constitution Twenty Sixth Amendment further
added Article 363A in the Constitution which not
only ceased recognition granted to Rulers of Indian
States but also abolished Privy Purse in India.
►HINDI AS A PAN INDIA
LANGUAGE
Article 343 of the Indian Constitution says that official
language of the Union shall be Hindi in Devanagari
Script. Article 351 states that it shall be the duty of the
Union to promote the spread of the Hindi language, to
develop it so that it may serve as a medium of
expression for all the elements of the composite culture
of India and to secure its enrichment by assimilating
without interfering with its genius, the forms, style and
expressions used in Hindustani and in the other
languages of India specified in the Eighth Schedule, and
by drawing, wherever necessary or desirable, for its
vocabulary, primarily on Sanskrit and secondarily on
other languages.
LIMITATIONS OF HINDI
• Not Mother Tongue of Many Cultures - despite
being one of the most spoken language of India.
• Hindi One Among 1,369 listed ‘mother tongues’ in
the country as per 2011 Census.
• Spoken by large majority but not their mother
tongue – as mother tongue can be Bhojpuri, Urdu,
Odiya etc.
• Language does not connect or inspire nation –
Rather it is the Constitution, our history and some
epoch-making phenomena such as arrival of Buddha,
the Bhakti movement or the freedom struggle which
inspires Indians as a collective sovereign unity under
one flag.
130

• Forcing Hindi amounts to interfering with the
linguistic behaviour or choices of people.
REASON FOR OPPOSITION OF HINDI IN SOUTH INDIA
• Dravidian Language Speakers
• Hindi belongs to the group of Indo-European
languages. Hence considered alien by South Indians.
• Also supported by population genetics theory that
Indo-European language speakers are very likely the
most recent migrants into the subcontinent.
• Privilege given to one language over other south
Indian languages.
• Non-implementation of ‘Three Language Formula’ in
Hindi speaking states also increased emotional
alienation of the people residing in non-Hindi
speaking states.
• Three Language Formula called for learning of
Regional Languages to be applied in secondary
education which was use of 1. Regional Language 2.
Hindi and 3. English.
• Most non-Hindi speaking States did introduce Hindi
but Hindi-speaking States bypassed the requirement
to teach a non-Hindi language (preferably any South
Indian language.
• Instead of learning Tamil or Telugu languages that are
older and richer than Hindi, they fulfilled the third
language requirement by introducing Sanskrit in
school education.
CHALLENGES WITH ONE NATION, ONE LANGUAGE
• ‘One nation, one language, one culture’ is a 19th
century European idea that failed to create unity and
instead caused a lot of bloodshed in the world.
• Not in tune with our history, culture, civilization,
diversity and pluralism and resembles a colonial
reminiscent of the past.
• Not Endorsed by the Constitution – Indian
Constitution does not recognises any single language
as a national language and rather emphasizes on the
idea of Scheduled Language as per Eight Schedule
which provides for 22 languages including Hindi.
• Imposing Hindi as a link language will face
economic and cultural challenges - On economic
front, it will reduce migration of people in different
states (which do not speak Hindi as their mother
tongue) as they will be considered as outsiders and
this will lead to huge economic losses.
• Imposition of Hindi will create a language and
cultural divide equivalent to fault lines which
might create social and economic imbalance in the
society.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
CENTRE – STATE RELATIONS
• Impact Federal Structure as Regional Demands
based on Language might arise again leading to
violence on non-hindi speaking population.
• Impact development of Tribal Language and
economic opportunities for Tribals - Many tribal
languages are disappearing rapidly because of lack of
employment opportunities. Since, these languages
are encouraged by respective state governments,
hence their cultural and economic importance are
also decreasing in their region.
NEW EDUCATION POLICY 2020 – THREE LANGUAGE
FORMULA
• The NEP proposes an “early implementation of the
three-language formula to promote multilingualism”
from school level.
• However, the NEP also says, there will be a greater
flexibility in the three-language formula, and no
language will be imposed on any State.
• “The three languages learned by children will be the
choices of States, regions, and of course the students
themselves, so long as at least two of the three
languages are native to India.
• Sanskrit will be mainstreamed with strong offerings in
school - including as one of the language options in
the three-language formula - as well as in higher
education.
• In addition to Sanskrit, other classical languages and
literatures of India, including Tamil, Telugu, Kannada,
Malayalam, Odia, Pali, Persian, and Prakrit, will also be
widely available in schools as options for students,
possibly as online modules, through experiential and
innovative approaches, to ensure that these
languages and literature stay alive and vibrant.
• In addition to high quality offerings in Indian
languages and English, foreign languages, such as
Korean, Japanese, Thai, French, German, Spanish,
Portuguese, and Russian, will also be offered at the
secondary level, for students to learn about the
cultures of the world and to enrich their global
knowledge and mobility according to their own
interests and aspirations.
►MAHARASHTRA CM TOOK THE
LEGISLATIVE COUNCIL ROUTE
Chief Minister of Maharashtra was elected through the
Legislative Council. His election seemed difficult due to
COVID and there were possibilities of constitutional
impasse due to non-fulfillment of Article 164(4) which
states that a Minister who for any period of six
131

consecutive months is not a member of the Legislature
of the State shall at the expiration of that period cease to
be a Minister.
ABOUT LEGISLATIVE COUNCIL
Legislative Council also referred as Vidhan Parishad is
the second house of discussion depicting bicameralism
at the state level. However, every state in India does not
have Legislative Council and can be created or abolished
as per constitutional provisions.
• Permanent Body - The Legislative Council of a State
shall not be subject to dissolution. But, one-third of
the members of the Council shall retire on the
expiration of every second year.
• Qualifications - He/she must be a citizen of India and
must not be less than 30 years of age.
• Creation & Abolition of LC - Under Article 169,
Parliament may by law provide for creation or
abolition of Legislative Council in a state if the
Legislative Assembly of the State passes a resolution
to that effect by a majority of the total membership of
the Assembly and by a majority of not less than two-
thirds of the members of the Assembly present and
voting. Parliament can then pass a law to this effect
by simple majority.
• Comparison of members Legislative Assembly -
Under Article 171, the Legislative Council of a state
shall not have more than one-third of the total
number of MLAs of the state, and not less than 40
members. But this provision was not applicable to the
erstwhile state of Jammu and Kashmir because as per
Section 50 of the state’s Constitution, the Assembly
had 87 members and the Legislative Council had 36
members.
• Election & Nomination of members - Of the total
number of members of the Legislative Council of a
State, nearly 1/3rd of the MLCs are elected by the
state’s MLAs, another 1/3rd by a special electorate
comprising sitting members of local governments
such as municipalities and district boards, 1/12th by
an electorate of teachers and another 1/12th by
registered graduates.
• The remaining members shall be nominated by the
Governor having special knowledge or practical
experience in the field of Literature, science, art, co-
operative movement and social service.
• Chairman & Deputy Chairman - Every state having
legislative council must chose two members of the
Council as Chairman and Deputy Chairman of the
Legislative Council.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
CENTRE – STATE RELATIONS
BENEFITS OF HAVING LEGISLATIVE COUNCIL
• A second chamber in states provides as an institution
of check and balance on every Bill as it prohibits hasty
passing of Bills
• It enhances diversity by enabling non-elected citizens
to contribute to the legislative process.
• It allows more debate and sharing of work allocation
between the two houses.
LEGISLATIVE COUNCIL VS. COUNCIL OF STATES
• The legislative power of Legislative Councils are
limited as compared to Council of States or Rajya
Sabha. Rajya Sabha has substantial powers to shape
non-financial legislation whereas Legislative Councils
lack a constitutional mandate to do so.
• Assemblies can override suggestions/amendments
made to a legislation by the Council. Member of
Councils cannot vote in elections for the President
and Vice President whereas members of Rajya Sabha
can vote. MLCs also can’t vote in the elections of Rajya
Sabha members.
PASSING OF BILLS IN STATE ASSEMBLY
• A bill pending in state legislature does not lapse
because of prorogation of the House or Houses –
Article 196(3).
• When state assembly is dissolved –
(i) A Bill pending in Legislative Council which has not
been passed by legislative assembly, does not
lapse - Article 196(4)
(ii) A Bill pending in legislative assembly, or which
having been passed is pending with the
Legislative Council, lapses - Article 196(5)
(iii) A Bill passed by Legislative Council and pending in
the Assembly will lapse
(iv) A Bill passed by the Legislative Assembly, when
there is only one House, or passed by both
Houses and pending assent of Governor or of the
President does not lapse.
ARTICLE 197 - RESTRICTION ON POWERS OF
LEGISLATIVE COUNCIL AS TO BILLS OTHER THAN
MONEY BILLS
• If after a Bill has been passed by the Legislative
Assembly of a State having a Legislative Council and
transmitted to the Legislative Council—
(a) the Bill is rejected by the Council; or
(b) more than three months elapse from the date on
which the Bill is laid before the Council without the
Bill being passed by it; or
132

(c) the Bill is passed by the Council with amendments
to which the Legislative Assembly does not agree
• The Legislative Assembly may, pass the Bill again in
the same or in any subsequent session with or
without such amendments, if any, as have been
made, suggested or agreed to by the Legislative
Council and then transmit the Bill to the Legislative
Council.
nd
• 2 time If after a Bill has been so passed for the
second time by the Legislative Assembly and
transmitted to the Legislative Council—
(a) the Bill is rejected by the Council
(b) more than one month elapses from the date on
which the Bill is laid before the Council without the
Bill being passed by it; or
(c) the Bill is passed by the Council with amendments
to which the Legislative Assembly does not agree;
• The Bill shall be deemed to have been passed by the
Houses of the Legislature of the State in the form in
which it was passed by the Legislative Assembly
for the second time with such amendments as have
been made or suggested by the Legislative Council
and agreed to by the Legislative Assembly.
►POWER OF GOVERNOR TO
SUMMON THE HOUSE – ARTICLE
174
Rajasthan witnessed a situation where its Governor
initially did not summon the Assembly amid Sachin Pilot
crisis. However, the Governor finally agreed to call the
th
session for the Rajasthan Assembly from 14 August,
2020. So, it’s important to understand whether Governor
has discretionary power to summon the house as per
Article 174 of the Indian Constitution and through
important judgments.
Nabam Rebia and Bamang Felix vs Deputy Speaker, the
Arunachal Pradesh Assembly – July 2016
• SC referred Constituent Assembly debates and noted
that the framers of the Constitution expressly and
consciously did not grant exclusive power to the
Governor to summon or dissolve the House.
• SC discussed that Article 153 of the Draft Constitution
(which later became Article 174 in the present
constitution), dealt with the powers of the Governor,
was substantially altered to indicate that the
constitution framers did not want to give Governors
the discretion in summoning of the Assembly.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
CENTRE – STATE RELATIONS
• After debating the intention of the framers, the court
concluded that “the Constitution makers altered their
original contemplation and consciously decided not
to vest discretion with the Governor, in the matter of
summoning and dissolving the House, or Houses of
the State Legislature.
• Thus, the Supreme Court in Nabam Felix judgment
decided that Governor can summon, prorogue and
dissolve the House, only on the aid and advice of the
Council of Ministers with the Chief Minister as the
head. And not at his own.
►IMPORTANT JUDGMENTS &
REPORTS ON GOVERNOR’S
DISCRETIONARY POWERS & NEED
FOR NEUTRALITY
B.P. SINGHAL V. UNION OF INDIA (2010)
• Five Judge Bench of Supreme on removal of
governors mentioned about the dual role of
governor: 1. Agent of the Centre & 2. Head of the
state.
• SC also held that there may be instances of conflict
between centre and states where the governor has to
act neutrally.
NEED FOR POLITICALLY NEUTRAL GOVERNOR –
SARKARIA COMMISSION’S RECOMMENDATION
• Sarkaria Commission on Centre-State Relations, the
National Commission to Review the Working of
the Constitution and Punchhi Commission has
reiterated the need for politically neutral governor.
• Neutrality of governor is best displayed when he uses
his discretionary powers as per the constitution.
However, the use of discretionary power by the
Governor also leaves certain space for its
misutilisation.
• Sarkaria Commission has recommended the
following criteria which must be considered while
appointing Governors of state:
ο He should be eminent in some walk of life.
ο He should be a person from outside the State.
ο He should be a detached figure and not too
intimately connected with the local politics of the
State; and
ο He should be a person who has not taken too great
a part in politics generally and particularly in the
recent past.
133

ο In selecting a Governor in accordance with the
above criteria, persons belonging to the minority
groups should continue to be given a chance.
DISCRETIONARY POWERS OF GOVERNOR ARE:
• Reserve any Bill for the consideration of the President
under Article 200
• To appoint the Chief Minister of State under Article
164(1) including inviting the leader of the single
largest party in case of a hung verdict to prove
majority on the floor of the House.
• To dismiss the ministry as the Chief Minister and
other Ministers shall hold office during the pleasure
of the Governor under Article 164(1)
• Governor’s report under Article 356 in case of failure
of Constitutional machinery in States.
• Governor’s responsibility for certain regions such as
the Tribal Areas in Assam and responsibilities placed
on the Governor under Article 371A (Nagaland), 371C
(Manipur), 371H (Arunachal Pradesh).
S.R. BOMMAI V UNION OF INDIA (1994)
• SC held explicitly that in situations where there is a
hung assembly (where no political party has obtained
a clear majority of seats), the final decision rests not
with the various feuding parties but with the
concerned legislature through a “floor” test.
• This case allows the Supreme Court to investigate the
reasons which forms the basis of a Governor’s report.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
CENTRE – STATE RELATIONS
DISCRETION OF GOVERNOR BASED ON
CONSTITUTIONAL LIMITATIONS
Discretion given to governor is based on constitutional
limitations and the Governor has to follow certain rules
as specified by Sarkaria Commission which suggested
that in choosing a Chief Minister, the Governor should
be guided by the following principles:
• The party or combination of parties that command
the widest support in the Legislative Assembly should
be called to form the government.
• The Governor’s task is to see that a government is
formed — and not to try to form a government that
will pursue policies that he approves.
• If no party has a majority, the Governor has to invite:
a) a pre-poll alliance,
b) the largest single party that is able to gain majority
support,
c) a post-election coalition that has the required
members,
d) a post-election coalition in which partners are
willing to extend outside support.
• The Commission recommended that whoever is
appointed as the Chief Minister, must seek a vote of
confidence in the Assembly on the floor of the House
within 30 days of taking over.
• The Governor should not resort to mechanisms
where determining of majority of the government is
done outside the assembly.
134
Section-8
ADHAR AND
ELATED
►ANDHRA ASSEMBLY PASSES
RESOLUTION AGAINST NPR & NRC
The Andhra Pradesh Assembly has passed a resolution
against the National Register of Citizens (NRC) and the
National Population Register (NPR) on the ground that
some of their clauses were highly objectionable and
needed to be set right. The state government made its
stand clear that it would not implement the NRC unless
it was carried out in the old (2010) format so that the
apprehensions among the minorities were allayed. So, in
this backdrop, let us understand about the following -
1. National Population Register
2. NPR’s relation with Census 2021 Exercise
3. Problem highlighted about NPR by Andhra Govt.
4. Citizenship Amendment Act, 2019 and
5. Link between NRC after CAA
►NATIONAL POPULATION
REGISTER
• The National Population Register (NPR) is
comprehensive identity database maintained by the
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
SSUES
Registrar General and Census Commissioner of India
under Ministry of Home Affairs.
• It is a Register of “usual residents of the country”
and will be prepared at the local, sub-district, district,
state and national level.
• The NPR is being prepared under provisions of the
Citizenship Act 1955 and the Citizenship
(Registration of Citizens and issue of National
Identity Cards) Rules, 2003. It is mandatory for every
“usual resident of India” to register in the NPR.
• As per section 14A of Citizenship Act 1955, it is
compulsory for every citizen of the country to register
in the National Register of Indian Citizens (NRIC).
The creation of NPR is the first step towards
preparations of NRIC.
st nd
1 STEP – NPR 2 STEP - NRIC
• According to the Ministry of Home Affairs, “usual
resident of the country” is one who has been
residing in a local area for at least the last 6 months
or intends to stay in a particular location for the next
a six months.
135

• Citizens and Foreigners - Unlike the NRC, the
National Population Register will not only include
citizens but also foreigners as it would record even a
foreigner staying in a locality for more than six
months. The NPR database would contain
demographic as well as biometric details.
OBJECTIVES & BENEFITS OF THE MASSIVE EXERCISE OF
NPR
• Create a comprehensive identity database of
every usual resident in the country.
• Help in better utilization and implementation of
the benefits and services under the government
schemes,
• Improve planning and security in the country.
• Help in efficient delivery of welfare schemes -
MGNREGS, food security and nutrition campaigns etc.
• Track criminal activities.
►NPR’S RELATION WITH CENSUS
2021 EXERCISE
• 2010 - Data for NPR collected along with House
Listing Phase of Census 2011.
• 2015 – Data for NPR further updated by
conducting a door-to-door survey. Earlier, the roll
out of NPR had slowed down due to overlapping with
that of Aadhaar.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
AADHAR AND RELATED ISSUES
• 2020- NPR was supposed to be conducted in
conjunction with the first phase of the Census
2021 - by the Office of the Registrar General of India
(RGI) for Census 2021 from April to September, 2020.
• Process Halted Due to COVIDD and is likely to
commence next year in 2021.
• NPR shall not be conducted in Assam as NRC has
already been done in the state.
REGISTRATION FOR NPR – ALONG WITH CENSUS
• During the first phase of Census 2011, enumerators
visited every household and collected details required
for the NPR in a paper format. Data have been
collected in an electronic Database.
• Biometric attributes – photograph, ten fingerprints
and two iris images is added to the NPR database.
• Registration under NPR along the Census exercise is
mandatory even if person has been registered under
Aadhaar.
• If the household has not been covered during 2011
Census or if the individual has changed residence
after 2011 Census, then they need to update their
status in NPR.
• NPR database would contain demographic as well as
biometric particulars. The NPR links biometric and
demographic details of any ordinary resident making
it a comprehensive database of residents.
136
 AADHAR AND RELATED ISSUES

►CONNECTION BETWEEN NPR &
AADHAAR
• Seeding with Aadhaar - The government also plans
to seed Aadhaar database with the updated NPR. This
updated NPR database along with Aadhaar Number
will become the mother database and can be used by
various government departments for selection of
beneficiaries under their respective schemes.
• Data collected in NPR will be sent to Unique
Identification Authority of India (UIDAI) for de-
duplication and issue of Aadhaar number.
• So, the NPR will contain three elements of data:
1. Demographic Data,
2. Biometric Data, &
3. Aadhaar – UID Number
• A person who has register under Aadhaar still has to
register under NPR.
• In NPR, certain processes like the collection of data at
the doorstep of the individual by authorized persons,
collection of biometrics after following a certain
process, authentication through social audit,
verification by authorities etc is mandatory.
►NPR, DEMOGRAPHIC DETAILS &
PROBLEM HIGHLIGHTED BY
ANDHRA GOVT.
• The data for the NPR were first collected in 2010
along with the house listing phase of Census 2011. In
2015, this data was further updated by conducting a
door-to-door survey. Earlier, the roll out of NPR had
slowed down due to overlapping with that of
Aadhaar.
• Demographic Particulars collected as per 2010
NPR Exercise included

Mo Spouse’s name
Relationship to
Name of person Father’s name Mother’s name (if married)
head of household
father’s name

Sex Date of Birth Date of Birth Marital status Place of birth

Permanent
Educational
Present address of Duration of stay at residential address
Nationality (as declared) qualification
usual residence present address Occupation/Activity

THE PROBLEM HIGHLIGHTED BY ANDHRA PRADESH • CAA primarily changes the definition of “illegal
GOVERNMENT migrant” as provided in Citizenship Act, 1955 by
• Data gathered for NPR exercise in 2010 and 2015 providing a condition or stipulation.
were different as compared to present details. • Prior to amendment, The Citizenship Act, 1955
• Now information is also being sought about parents, defined illegal migrant as a foreigner who has entered
including their dates of birth, domicile status and into India -
mother tongue. (i) Without a valid passport or other travel documents
• This according to the state government was and such other document or authority as may be
troublesome for the minorities. prescribed by or under any law in that behalf; or
(ii) With a valid passport or other travel documents
and such other document or authority as may be
►CITIZENSHIP AMENDMENT ACT,
prescribed by or under any law in that behalf but
2019 remains therein beyond the permitted period of
After the Union Government passed Citizenship time.
Amendment Act, 2019 which amended certain • But the 2019 amendment has changed this above
provisions of Citizenship Act, 1955, numerous protests mentioned definition by adding a condition or
erupted across India on fear of becoming stateless. stipulation.
CHANGE OF DEFINITION OF “ILLEGAL MIGRANT” • The condition as per 2019 Amendment – If any
person belonging to Hindu, Sikh, Buddhist, Jain, Parsi

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137

or Christian community from Afghanistan,
Bangladesh or Pakistan,
ο who entered into India on or before the 31st day of
December, 2014 and
ο who has been exempted by the Central
Government under
 Passport (Entry into India) Act, 1920 or
 from the application of the provisions of the
Foreigners Act, 1946 or any rule or order made
under the Foreigners Act, 1946,
Shall not be treated as illegal migrant for the
purposes of this Act.
RESIDENCY CLAUSE REDUCED TO 5 YEARS FROM 11
YEARS
• For person belonging to Hindu, Sikh, Buddhist, Jain,
Parsi or Christian community in Afghanistan,
Bangladesh or Pakistan, the aggregate period of
residence or service of Government in India as
required has been reduced from “not less than 11
years” to “not less than 5 years.”
CITIZENSHIP GRANTED THROUGH NATURALISATION
• Citizenship to people belonging to six religious
communities from three countries shall be granted
through the process of Naturalisation as provided in
Citizenship Act, 1955.
• If in the opinion of the Central Government, if the
applicant has rendered distinguished service to the
cause of science, philosophy, art, literature, world
peace or human progress, then the central
government may waive all or any of the conditions
prescribed to grant citizenship.
CAA SHALL NOT APPLY TO THE FOLLOWING
• The provisions of CAA shall not apply to tribal area of
Assam, Meghalaya, Mizoram or Tripura as they are
included in the Sixth Schedule and the area are
covered under "The Inner Line" notified under the
Bengal Eastern Frontier Regulation, 1873.
• The Citizenship Act, 1955 provides for acquiring
citizenship of India through the following ways:
ο Citizenship by birth
ο Citizenship by descent
ο Citizenship by registration
ο Citizenship by naturalisation
ο Special provisions as to citizenship of persons
covered by Assam Accord
ο Citizenship by incorporation of territory
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
AADHAR AND RELATED ISSUES
►TWO WAY AADHAAR LINKED
ELECTRONIC VOTING SYSTEM
The Election Commission of India and the Indian
Institute of Technology – Madras are working in
collaboration to develop a new technology which will
enable voters to cast their votes from different cities
without going to the designated polling booths in their
constituencies irrespective of where they are registered
to vote.
HOW WILL THE TECHNOLOGY FUNCTION?
• The technology will enable two-way voting under a
controlled environment by using Blockchain
technology.
• It does not allow voting from home. Rather, to use
this facility, the voter would have to be present at
designated polling booths at a fixed time.
• The voter identification and authorisation would be
done via Election Registration Officer Network (ERO
Net) via secure biometrics and webcam.
• Upon establishing a voter’s identity, the Blockchain-
enabled system would generate a “Smart Contract”, or
a personalised e-ballot.
• Upon a vote being cast, the Smart Contract will be
considered as “executed” and the vote will be securely
encrypted and a Blockchain hashtag (#) will be
generated.
• After the vote is recorded, this Blockchain node, or
hashtag, will be sent to the candidates and political
parties.
• These highly-encrypted remote votes will be validated
before counting to ensure they haven’t been
tampered with.
ONE WAY ELECTRONICALLY TRANSMITTED POSTAL
BALLOT SYSTEM (ETPBS)
• One Way Electronically Transmitted Postal Ballot
System (ETPBS) was introduced by Law Ministry after
amending election rules allowing service voters to get
their postal ballots electronically.
• Service voter are those who have service qualification.
They include member of Armed Forces of the Union
of India, members of Armed Police forces of the
States serving outside that state and persons
employed under Government of India on posts
outside India.
• As per existing arrangements, members of India
Army, Navy and Air force, Border Road Organisation,
BSF, ITBP, Assam Rifles, NSG, CRPF, CISF and SSB are
eligible to be registered as service voters.
138

• The ETPBS allows them to fill up their ballots and post
them back using normal postal services.
• Use of one way electronic voting system during 2019
Lok Sabha Elections for service voters helped to save
processing time, resources and avoid human errors.
TWO WAY ELECTRONIC VOTING
ELECTION REGISTRATION OFFICER NETWORK (ERO
NET)
• ERO-NET is a Centralized Software for Electoral Roll
Management and Form Processing. The ERONET has
been designed and developed keeping in mind the
need of Centralized form Processing and monitoring
the work of all the Officials involved in Form
Processing.
• For this purpose, Single Unified Database was
created and all the existing Electoral Rolls data were
migrated to the single data base from State-Specific
databases. This created Unified National Photo
Electoral Roll (UNPER).
• ERO-Net application is available across India, to all
citizens of India for enrollment/ corrections/migration
from Electoral Roll.
• ERO-Net also facilitates easy migration from one
constituency to another by facilitating seamless
communication between the EROs of two
constituencies.
• ERO-Net also helps in preventing De-duplication
while including entries in the E-Roll.
• It was launched in January 2018.
WHAT ARE THE MEASURES WHICH NEED TO BE TAKEN
TO FACILITATE TWO WAY ELECTRONIC VOTING?
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
AADHAR AND RELATED ISSUES
• Two-way electronic transmission of vote envisages
that - a registered voter from any location in India,
once his identity is proved, will be able to cast his vote
electronically through a secure encrypted system and
the same will reach the designated returning officer
for counting.
• The technology is not ready as of now and needs
more stringent testing. Only after the protocol is
considered fool-proof will stakeholders be consulted.
• Need to amend electoral laws to facilitate two way
electronic voting.
• Laws must allow for linkage of Aadhaar with Voter ID
by amending Representation of People Act & Aadhaar
Act.
• The technology must be integrated with Election
Registration Officer Network (ERO Net) to reflect vote
casted by person even from remote or distant places.
►AADHAAR PAYMENT BRIDGE
SYSTEM - APBS
• APBS is a payment system based on Aadhaar
numbers issued by UIDAI & IIN (Institution
Identification Number) issued by National Payments
Corporation of India (NPCI).
• IIN is a unique 6 digit number issued by NPCI to every
APB System participating bank and is used to
uniquely identify a bank to which the APB transaction
has to be routed in the Aadhaar Payment Bridge
(APB) System.
• APB System is used by the Government Departments
and Agencies for the transfer of benefits and
139
 AADHAR AND RELATED ISSUES
subsidies under Direct Benefit Transfer (DBT) scheme • Confusion between seeding and mapping of account
launched by Government of India. led to diversion of funds including that of MGNREGA
• It uses Aadhaar number as a central key for workers.
electronically channelizing government benefits and • Payments not reaching the actual beneficiary due to
subsidies in the Aadhaar Enabled Bank Accounts fictitious accounts created under Jan Dhan Yojana.
(AEBA) of the intended beneficiaries. NPCI MAPPER
• As per APBS, a person’s Aadhaar number becomes • NPCI mapper is a repository of Aadhaar numbers
their financial address. So providing a single maintained by the APBS and used for the purpose of
document having all those details i.e. Aadhaar routing the APBS transactions to the destination
suffices. banks.
• The APB System sub-serves the goal of financial • The NPCI Mapper contains Aadhaar number along
inclusion and provides an opportunity to the with Issuer Identification Number (IIN) of the Bank to
Government to attempt financial re-engineering of its which the customer has seeded his/her Aadhaar
subsidy management program. number.
• The implementation of APB System has also lead to • Banks need to upload Aadhaar number in NPCI
electronification of a large number of retail payment Mapper in a specified file format through NACH
transactions which were predominantly either in cash portal.
or cheque.
• Induction of a bank account into APBS involves two
distinct steps, both of which are meant to be based
on informed consent.
ο First, the account must be “seeded” (linked) with
the customer’s Aadhaar number.
ο Second, it must be connected to the NPCI Mapper
— a step known as “mapping”. In cases of multiple
accounts for the same person, the APBS
automatically sends money to the latest-mapped
account.
BENEFITS OF AADHAAR PAYMENT BRIDGE (APB)
SYSTEM
• Step towards Financial Inclusion.
• Eliminates inordinate delays as benefits & subsidies
are transferred in a seamless & timely manner and
directly into the Aadhaar Enabled Bank Account.
• In case of change in bank account, customer need not
convey change of bank account to government.
• Customer just need to open one account and seed
his/her Aadhaar number in the bank account to start
receiving benefits and subsidies directly into his/her
Aadhaar Enabled Bank Account.
• Saves government’s money as it solves cases of
duplication of bank accounts.
CRITICISM OF APBS
• Lack of proper verification as millions of bank
accounts were seeded with Aadhaar
• APBS was forced on millions without consent which is
mandatory as per NCPI and UIDAI guidelines.

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140
Section-9
SSUES ELATED TO

ORTH- AST
►HURDLES TO NAGA PEACE states presently would agree to such a proposal
which carves away their settled territory.
The Framework Agreement signed in August 2015
• NSCN (IM) wants Peaceful Settlement outside the
between Government of India and National
purview of Indian Constitution as two separate
Socialist Council of Nagalim, or the NSCN (I-M)
sovereign entities.
promised roads to peace in Nagaland. The
• Demand of separate Naga Flag and Constitution
contents of the Agreement were kept confidential
for Greater Nagalim.
by mutual consent between the government and
• Specific Problem of NSCN (IM) with Nagaland
NSCN (I-M) “for security reasons”. Recently, on the
Governor.
eve of independence-day, the contents of the
• Difference between Naga National Political
agreement were made public by NSCN (I-M)
Groups (NNPGs) - a conglomerate of seven rival
signaling the growing tension with the Union
groups with NSCN (I-M) on several issues leading to
Government. a stalemate in the agreement.
CHALLENGES STILL REMAIN • NSCN (IM) made public the official Framework
• Difference in understanding of Greater Agreement against the wishes of government.
Nagalim – according to NSCN (IM) this also These challenges to execute Framework
includes parts of Arunachal, Assam and Manipur Agreement of 2015 needs to be addressed within
beyond Naga inhabited areas. the confines of Indian Constitution for the overall
• Problem in Accepting the Demand of Greater socio-economic and cultural development of
Nagalim by Govt. of India – as it would require Nagaland.
Re-organisation of states of North-East. No

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141

►NEW GROUP TO REVIVE DEMAND
FOR BODOLAND AFTER THIRD
BODO PEACE ACCORD
The Third Bodo Peace Accord between the central
government and representatives of Bodo movement has
officially ended the demand for a separate Bodoland.
However, a new organisation has announced the revival
of the Bodoland Statehood Movement ahead of the
elections to the Bodoland Territorial Council (BTC).
HISTORY OF BODOS & DEMAND FOR BODOLAND
• The Bodos, an ethno-linguistic group believed to be
the earliest inhabitants of Assam, are one of the Indo-
Mongoloid communities belonging to the Tibeto-
Burman branch of the Sino-Tibetan family.
• Tackling Illegal Migration – Despite maintaining
th
their original identities, by 20 century, Bodos had to
tackle a series of issues such as illegal immigration,
encroachment of their lands, forced assimilation, loss
of language and culture.
• Safeguarding Tribal Rights - The 20th century also
witnessed the emergence of Bodos as a leading tribe
in Assam which pioneered the movements for
safeguarding the rights of the tribal communities in
the area.
• In the 1920s, a delegation of educated Bodos, the
Bodo Plains Tribal, met the Simon Commission
requesting for the reservation of seats in the
Legislative Assembly of Assam. This marked the
beginning of political awareness among the Bodos.
• Next, they formed the Tribal League of Assam to
voice for the political rights of the ‘plains tribes’ in the
1930s. Soon after India’s independence, a Bodo
literary organisation, the Bodo Sahitya Sabha (BSS),
was formed to preserve and develop the Bodo
language.
DEMAND FOR SEPARATE UNION TERRITORY -
UDAYACHAL
• Due to constant immigration from East Pakistan,
Plains Tribals’ Council of Assam (PTCA) started to
campaign for a separate union territory called
Udayachal for the Bodos and other ‘plains tribes’ of
Assam in 1960s.
• Liberation of Bangladesh in 1971 further increased
influx of people to Assam and this further alienated
the Bodos in their home land and this in turn
intensified the Bodo movement.
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ISSUES RELATED TO NORTH-EAST
• Rather than demanding a UT, the All Bodo Students’
Union (ABSU) started agitating for the creation of the
Bodoland State.
• During the peak of insurgency in northeast India, a
small group of educated Bodo youths formed an
armed militia called the Bodo Security Force (BSF)
which was later renamed as the National
Democratic Front of Bodoland (NDFB) whose
objective was to establish a sovereign Bodo
homeland.
NATIONAL DEMOCRATIC FRONT OF BODOLAND
(NDFB)
• NDFB is an armed separatist outfit which seeks to
obtain a sovereign Bodoland for the Bodo people. in
the areas north of the river Brahmaputra.
• It is designated as a terrorist organisation by the
Government of India and is listed in First Schedule
of The Unlawful Activities (Prevention) Act, 1967.
• The First Schedule of UAPA mentions names of
terrorists organisation listed out by Indian
government.
• NDFB traces its origin to Bodo Security Force, a
militant group formed in 1986.
• According to the ‘constitution’ of NDFB, which was
adopted on March 10, 1998, nearly twelve years after
its formation, the objectives of the outfit are the
following
ο Liberate Bodoland from the Indian expansionism
and occupation;
ο Free the Bodo nation from the colonialist
exploitation, oppression and domination;
ο Establish a Democratic Socialist Society to
promote Liberty, Equality and Fraternity; and
ο Uphold the integrity and sovereignty of Bodoland
BAN ON NDFB FOR 5 YEARS - MHA
• As per Ministry of Home Affairs, NDFB has been
indulging in illegal and violent activities, intended to
undermine the sovereignty and territorial integrity
of India to achieve separate Bodoland.
• NDFB through its unlawful and violent activities has
been undermining the authority of the government,
spreading terror and panic among people, causing
carnage and ethnic violence resulting in killings and
destruction of properties of non-Bodos, inhabiting the
Bodo-dominated areas in Assam.
• Accordingly the Centre in 2019 had extended the ban
on Assam-based Bodo insurgent group NDFB by five
years. The Home ministry extended the ban on NDBF
under the Unlawful Activities (Prevention) Act, 1967.
142

SIGNING OF DIFFERENT ACCORDS
• 1967 Udayachal stir - The Bodoland statehood
movement has its roots in the 1967 Udayachal stir
seeking self-rule for the areas dominated by the Bodo
community.
• The movement was doused temporarily with the
signing of the First Bodo Accord in February 1993
between the government and moderate leaders of
the movement.
• First Bodo Accord created the Bodoland Autonomous
Council (BAC).
• The discontent bred another outfit, the Bodo
Liberation Tigers (BLT), which rivaled the NDFB.
• The Centre signed the Second Bodo Peace Accord
with the BLT in February 2003, elevating the BAC to
Bodoland Territorial Council (BTC).
• Accordingly, Sixth Schedule was amended and
provisions regarding elections to BTC were
incorporated.
• Third Bodo Peace Accord (Feb 2020) designed to
usher in peace in the Bodoland Territorial Areas
District (BTAD), was signed by the Home Ministry,
Assam government, and a range of Bodo
stakeholders to end a protracted and bloody struggle
for secession from Assam and to bring permanent
peace to the Bodo-dominated areas of the state.
• The signing of the accord officially ended
the demand for a separate state or Union Territory
for Bodo people since 1972, while granting the Bodo
people political and economic benefits while
remaining part of the state of Assam.
• The top leadership of all four factions of the NDFB
and the All Bodo Students' Union (ABSU) which has
been spearheading a movement for a Bodoland state
since 1972 have participated in the peace deal.
• New Bodo areas will be brought under the fold of a
Bodoland Regional Council, and money will be
pumped in for development.
Bodo Peace
Impact
Accords
st
1 Bodo Bodoland Autonomous Council
Accord (BAC) was created
nd
2 Bodo BAC got elevated to Bodoland
Accord Territorial Council (BTC)
rd
3 Bodo Ended Demand for Separate State
Accord – Bodoland Territorial Region (BTR)
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ISSUES RELATED TO NORTH-EAST
RD
THE AGREEMENT UNDER 3 BODO ACCORD
• The Agreement promises political empowerment of
Bodo people and mainstreaming of their leaders
who picked up arms for their struggle, without
agreeing for separate Bodoland.
• The key provisions of the accord cover three main
aspects of the Bodo people's demand:
1. Clemency and mainstreaming of people who were
involved in violent agitation
2. Greater Autonomy and Economic Development of
Bodo people, and
3. Preserving Bodo language and culture
• The Accord states that more than 1500 militants
belonging to NDFB will lay down their arms and such
militants will be rehabilitated by state and central
government.
• Criminal cases with non-heinous charges against
NDFB members will be withdrawn while heinous
cases will be reviewed on a case-to-case basis as per
the existing rules, according to the pact.
• For economic development of the people of
Bodoland, Centre will provide an economic package
of Rs. 1500 crores in the next three years with equal
contribution of Rs 750 crore each from the Central
and state governments.
• The agreement also states that the name of BTAD will
be changed to Bodoland Territorial Region (BTR).
BTR will have more executive, administrative,
legislative and financial powers.
• BTC currently has control over 30 subjects such as
education, forests, horticulture but no jurisdiction
over the police, revenue and general administration
departments, which are controlled by the Assam
government.
►BODOLAND TERRITORIAL
COUNCIL ELECTIONS
Assam Cabinet has decided to request the State Election
Commission to schedule the Bodoland Territorial
Council election in December. The elections to 40 seats
in the council were to have been held on April 4 but
were deferred due to the COVID-19 pandemic. The
council has been under the Governor’s rule since its
dissolution on April 27. The Cabinet also decided to
make Bodo the associate official language in Assam
through an ordinance.
CONSTITUTION & ITS OBJECTIVES OF BTC
143

• The Bodoland Territorial Council was constituted
under the Sixth Schedule to the Constitution of India
in the year 2003 after the signing of Second Bodo
Peace Accord.
• The Memorandum of Settlement was signed in
February, 2003 between the Government of India, the
Government of Assam and Bodo Liberation Tigers, to
fulfill economic, educational and linguistic aspiration
and the preservation of land-rights, socio-cultural
and ethnic identity of the Bodos and to speed up the
infrastructure in BTC area.
• The Council aims at bringing about accelerated
progress to one of the most backward region of the
state of Assam with special focus on the development
of the Bodo people in the field of education,
preservation of land rights, linguistic aspiration,
culture and its ethnic identity.
• Above all, the BTC has placed emphasis on
• development of the economic infrastructure of
entire area
 for the uplift of the downtrodden people
irrespective of caste, creed and religion
COMMUNITIES RESIDING IN BTC
Bodos , Assamese , Bengalis, Koch-Rajbongshis, Rabhas,
Garos , Adivasis, Muslims and Nepalies, etc.
POWERS OF BTC IN RESPECT OF SUBJECTS
TRANSFERRED
The Council has legislative powers in respect of subjects
transferred to it. The BTC also have executive,
administrative and financial powers in respect of
subjects transferred to it.
THE EXECUTIVE COUNCIL
• There is an Executive Council comprising of not more
than 14 Executive Members, one whom shall be the
Chief and another one the Deputy Chief of the said
Executive Council.
• There shall be adequate representation for the non-
tribal members in the Executive Council.
• The Chief and the Deputy Chief of the Council shall
have the status of equivalent to the Cabinet Minister
and the other Executive Members equivalent to the
Minister of State of Assam for protocol purposes in
the BTC area.
BODOLAND TERRITORIAL COUNCIL LEGISLATIVE
ASSEMBLY
• As per Memorandum of Settlement, Bodoland
Territorial Council shall consist of not more than 46
Members of whom 40 Members shall be elected on
the basis of adult suffrage
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ISSUES RELATED TO NORTH-EAST
• Out of 40, 30 Members shall be reserved for the
Scheduled Tribes, five for non-tribal communities,
five open for all communities.
• The remaining 6 Members shall be nominated by
the Governor having same rights and privileges as
other members, including voting rights, from amongst
the un-represented communities of the Bodoland
Territorial Areas District, of which at least two shall be
women.
• The Bodoland Territorial Council Legislative Assembly
consists of Speaker, Deputy Speaker and other
elected MCLAs of the Bodoland Territorial Council.
Bodoland Territorial Council
Members of Categories of Number of
BTC Members Members
Elected Scheduled Tribes 30
Members
Non-Tribal 5
Communities
Open 5
Communities
THE BODOLAND TERRITORIAL COUNCIL PREPARES
TWO SETS OF BUDGET
• Entrusted Budget – mainly expenditure budget
pertaining to salary, etc. and development works of
transferred subjects under Grant No.78 which is
passed in the State Assembly and
• Normal Budget - pertaining mainly to establishment,
expenditure and revenue receipts of the Council itself
which is placed in the Council Legislative Assembly for
approval.
• The entrusted budget particularly for development
activities (SOPD Budget) is also placed in the Council
Legislative Assembly for discussion and approval.
• SOPD budget is prepared based on state owned
priority development (SOPD) allocation made by
Government where as budget for Establishment
Expenditure is prepared on the basis of requirement
supported by the relevant documents.
►ARUNACHAL SEEKS SIXTH
SCHEDULE STATUS
State Government of Arunachal Pradesh has decided to
appeal to the Centre for bringing the State under the
purview of the Sixth Schedule of the Constitution towards
protecting the rights of its indigenous peoples. The decision
to approach the Centre was taken at the State Cabinet
144
 ISSUES RELATED TO NORTH-EAST
meeting headed by Chief Minister Pema Khandu. The Sixth ABOUT INNER LINE PERMIT & RECENT
Schedule consists of provisions for the administration of DEVELOPMENTS
tribal areas in Assam, Meghalaya, Tripura and Mizoram. • The Inner Line Permit was established by the British
COMMITTEE FORMED government under the Bengal Eastern Frontier

• The State government had formed a Consultative Regulations, 1873 to safeguard tribals of eastern part

Committee headed by Deputy Chief Minister Chowna of Bengal.

Mein to hold a meeting with the community-based • The 1873 regulation is also known as Inner Line
organisations for discussing issues related to Regulation (ILR) or Inner Line Permit (ILP).
constitutional safeguards for the indigenous peoples. ο The system requires outsiders to obtain a permit
• The demand for the creation of two autonomous from the government to enter the designated
councils — Mon Autonomous Region in the western territory.
part and Patkai Autonomous Council in the eastern ο It can be issued for travel purposes solely.
part — had led to the creation of the committee.
ο The main objective of the ILP system is to provide a
WHY HAS STATE DEMANDED SIXTH SCHEDULE special protection of the distinct identity and
STATUS? safeguard for the peaceful existence of the
• The state government stated that they were under indigenous people of the state where it is
the wrong impression of being protected through applicable.
Inner Line Permit in the state which is primarily an ο System of ILP is applicable in Arunachal Pradesh,
official travel document issued by the State Nagaland, Manipur and Mizoram.
government to let in an Indian citizen into a protected
area for a limited period.
►ASSAM-MIZORAM BORDER
• The provisions of Article 371(H) added by
Constitution 55
th
Amendment for Arunachal Pradesh
DISPUTE
do not ensure full protection to the State’s people. The Assam government has accused Mizoram of

ARTICLE 371H – ADDED BY CONSTITUTION 55TH occupying Assam’s land near the 164.6 km inter-State

AMENDMENT border and this has resulted in economic blockade on

Mizoram. The boundary dispute between the two states
• Special provision with respect to the State of
has resulted in violence in the adjacent districts in Assam
Arunachal Pradesh - the Governor of Arunachal
and Mizoram.
Pradesh shall have special responsibility with respect
to CLAIMS BY OFFICIALS OF ASSAM & MIZORAM

ο law and order in the State and • Aas per agreement between the two states, status
quo was to be maintained in no man’s land in the
ο in the discharge of his functions
border area and no construction activity was allowed.
after consulting the Council of Ministers, exercise
• According to Mizoram officials, the land claimed by
his individual judgment as to the action to be
Assam is being cultivated for a long time by residents
taken.
of Mizoram.
• If the President
• However, officials from Assam said that even though
(a) on receiving report from the Governor or
the contested land was historically cultivated by
(b) is himself satisfied Mizoram residents, on paper it fell within the Singla
• that the Governor need not have special Forest Reserve that is under Karimganj district’s
responsibility regarding law and order in the State of jurisdiction in Assam.
Arunachal Pradesh BACKGROUND TO THE DISPUTE
• Then the President may cease such special
responsibilities of Governor.

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145

• The boundary dispute between the two states has
been simmering since the formation of Mizoram as a
separate state in the 1980s.
• The boundary between present-day Assam and
Mizoram, 165 km long today, dates back to the
colonial era, when Mizoram was known as Lushai
Hills, a district of Assam.
• The dispute stems from a notification of 1875 that
differentiated Lushai Hills from the plains of Cachar,
and another of 1933 that demarcates a boundary
between Lushai Hills and Manipur.
• The notification of 1875 is derived from the Bengal
Eastern Frontier Regulation (BEFR) Act, 1873. So,
based on this 1873 Act, Mizoram leaders have argued
against the demarcation notified in 1933 because
according to them the Mizo society was not
consulted.
• What adds to the problem is that Assam Government
follows the demarcation made in 1933 which that
demarcates a boundary between Lushai Hills and
Manipur.
ABOUT MIZORAM
• Mizoram is a mountainous region which became the
rd
23 state of the Indian Union in February 1987. It was
one of the districts of Assam till 1972 when it became
a Union Territory.
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ISSUES RELATED TO NORTH-EAST
• After being annexed by the British in 1891, for the
first few years, Lushai Hills in the north remained
under Assam while the southern half remained under
Bengal.
• Both these parts were amalgamated in 1898 into one
district called Lushai Hills District under the Chief
Commissioner of Assam.
• With the implementation of the North-Eastern
Reorganisation Act in 1972, Mizoram became a
Union Territory.
• Mizoram was granted statehood on 20 February 1987
(through Constitution (Fifty-Third Amendment) Act,
1986) as a sequel to the signing of the historic
memorandum of settlement between the
Government of India and the Mizo National Front
in 1986.
rd
• Constitution 53 Amendment added Article 371G
as Special Provision for the state of Mizoram.
• Article 371G states that any Act of Parliament shall
not apply in 4 matters in Mizoram unless such law
made by Parliament is approved by Legislative
Assembly of Mizoram. The four matters are:
(i) religious or social practices of the Mizos,
(ii) Mizo customary law and procedure,
(iii) administration of civil and criminal justice involving
decisions according to Mizo customary law,
146

(iv) ownership and transfer of land
►REGISTER OF INDIGENOUS
INHABITANTS OF NAGALAND (RIIN)
The Nagaland government is initiating an exercise to
prepare a master list of all indigenous inhabitants of the
State. This list, called the Register of Indigenous
Inhabitants of Nagaland (RIIN), is seen as a localised
version of the National Register of Citizens (NRC).
NEED FOR RIIN
• Civil society groups in Nagaland have often conducted
house-to-house surveys for listing non-Naga and IBIs
(Illegal Bangladeshi Immigrants).
• The RIIN will be the first official master list of
Nagaland’s indigenous inhabitants.
• Its objective is to prevent people from acquiring fake
indigenous inhabitants’ certificates.
• The list will be based on an extensive survey besides
digging into official records of indigenous residents
from villages and urban wards.
• These team comprising sub-divisional officers, block
development officers, school headmasters and other
nominated members, would visit every village and
ward to make the list.
• Everyone figuring in RIIN will be issued a bar-coded
and numbered Indigenous Inhabitant Certificate
(IIC).
• The process will be dovetailed with the online system
of Inner Line Permit (ILP).
• No IIC will be issued after RIIN is finalised except to
babies born to indigenous inhabitants of Nagaland.
►FREEZE ASSAM LIST OF
SCHEDULED TRIBE (PLAINS):
CCTOA
An umbrella organisation of tribal bodies has advised
the Assam government to freeze the list of Scheduled
Tribe (Plains) “for good” and satisfy six communities
demanding tribal status in a way that does not infringe
up the rights of the existing tribes. The six communities
demanding Scheduled Tribe Status are Chutia, Koch-
Rajbongshi, Matak, Moran, Tai-Ahom and ‘Tea Tribes’.
Assam has two categories of Scheduled Tribes (ST) – ST
communities from Plains and ST communities from Hills.
ASSAM GOVT. FACING STIFF RESISTANCE IN
GRANTING ST STATUS TO 6 COMMUNITIES FROM
PLAINS
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
ISSUES RELATED TO NORTH-EAST
• The existing ST communities of state demanded that
the government freeze the list of ST (plains) for good
and resolve the issue of the six communities – Koch-
Rajbongshi, Tai Ahom, Chutia, Matak, Moran, and Tea
Tribes – in a manner that will not hamper the rights
and interests of existing tribes.
• This demand was made by the Coordination
Committee of Tribal Organizations of Assam (CCTOA).
• The CCTOA also demanded the enhancement of
quota for the ST (plains) communities from 10% to
15% based on the latest census data as five more
tribes were added to the category after the 2001
census.
SCHEDULED TRIBES
• The framers of the Constitution realised that certain
communities in the country were suffering from
extreme social, educational and economic
backwardness on account of the primitive agricultural
practices, lack of infrastructure facilities and
geographical isolation.
• The Constitution of India in Article 366 (25) prescribe
that the Scheduled Tribes means such tribes or tribal
communities as are deemed under Article 342 of the
Constitution to be Scheduled Tribes.
ARTICLE 342 (1)
• The President may - with respect to any State or
Union Territory,
• and where it is a State, after consultation with the
Governor thereof,
• by a public notification,
• specify the tribes or tribal communities or part of or
groups within tribes or tribal communities as Scheduled
Tribe
ARTICLE 342 (2)
• Parliament may be law
• include in or exclude from the list of Scheduled Tribes
(prepared through Presidential notification)
• any tribe or tribal community or part of or group
within any tribe or tribal community
THE CONSTITUTION (SCHEDULED TRIBES) ORDER,
1950
• Based on Article 342, Parliament enacted The
Constitution (Scheduled Tribes) Order, 1950 which
contains a list of tribes or groups designated as
Scheduled Tribes.
• 1950 Order is amended from time to time to include
more groups or communities within the ST Fold.
The criteria presently followed for specification of a
147

community as a Scheduled Tribe are:
(i) indications of primitive traits
(ii) distinctive culture
(iii) geographical isolation
(iv) shyness of contact with the community at
large, and
(v) backwardness
• While the Constitution is silent about the criteria for
specification of a community as a Scheduled Tribe.
The words and the phrase 'tribes or tribal communities
or part of or groups within tribes or tribal communities"
in Article 342 have to be understood in terms of their
historical background of backwardness.
• Primitiveness, geographical isolation, shyness and
social, educational & economic backwardness due to
these reasons are the traits that distinguish
Scheduled Tribe communities of our country from
other communities.
• List of Scheduled Tribes is State/UT specific and a
community declared as a Scheduled Tribe in a State
need not be so in another State.
• The Presidential notifications under Clause 1 of
Article 342 of the Constitution are issued as the
Constitution Orders.
►BRUS REJECT RESETTLEMENT
OFFER
Three organisations representing the Bru community
displaced from Mizoram have rejected the sites
proposed by the Joint Movement Committee (JMC), an
umbrella group of non-Brus in Tripura, for their
resettlement.
ABOUT BRU REFUGEES
• The Brus are spread across Tripura, Mizoram and
parts of southern Assam are the most populous
tribe in Tripura.
• Also known as Reangs in the state, they are
ethnically different from the Mizos, with their own
distinct language and dialect and form one of the 21
scheduled tribes of Tripura. In Mizoram, they are
largely restricted to Mamit and Kolasib districts.
• Targeted by Mizo - Over two decades ago, they were
targeted by the Young Mizo Association (YMA), Mizo
Zirwlai Pawl (MZP), and a few ethnic social
organisations of Mizoram who demanded that the
Bru be excluded from electoral rolls in the state.
• Forced to flee Mizoram following ethnic tensions
in 1997 and seek shelter in Tripura - These people
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ISSUES RELATED TO NORTH-EAST
were housed in temporary camps at Kanchanpur, in
North Tripura.
• Some Returned to Mizoram - Since then, over 5,000
have returned to Mizoram in nine phases of
repatriation, while 32,000 people from 5,400 families
still live in six relief camps in North Tripura.
• Plan for Permanent Resettlement of Brus by
Centre since 2010 - Union government has been
assisting the two State governments of Mizoram and
Tripura for taking the care of the refugees.
rd
• Agreement Signed On 3 July, 2018 - between
Union government, the two State governments of
Mizoram & Tripura and representatives of Bru-Reang
refugees, as a result of which the aid given to these
families was increased substantially.
• Subsequently, many more families have returned to
Mizoram under the agreement. There had been a
sustained demand of most Bru-Reang families that
they may be allowed to settle down in Tripura,
considering their apprehensions about their security.
• Bru Reangs are considered as Particularly
Vulnerable Tribal Group (PVTG) in Tripura.
SETTLEMENT OF BRU REFUGEES IN TRIPURA AS PER
THE AGREEMENT
• Under the new agreement, around 34,000 Bru
refugees will be settled in Tripura and would be given
aid from the Centre to help with their rehabilitation
and all round development, through a package of
around Rs 600 crores.
• These refugees will get all the rights that normal
residents of the States get and they would now be
able to enjoy the benefits of social welfare schemes of
Centre and State governments.
• Under the new arrangement, each of the displaced
families would be given 40x30 sq.ft. residential plots,
in addition to the financial aid under earlier
agreement - of a fixed deposit of Rs. 4 lakhs, Rs. 5,000
cash aid per month for 2 years, free ration for 2 years
and Rs. 1.5 lakhs aid to build their house.
• State government of Tripura would provide the land
under this agreement.
• All cash assistance will be through Direct Benefit
Transfer (DBT) - the state government will expedite
the opening of bank accounts and the issuance
of Aadhaar, permanent residence certificates, ST
certificates, and voter identity cards to the
beneficiaries.
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ATA ECURITY &

ATA ASED

OVERNANCE
►OPEN GOVERNMENT DATA
PLATFORM BASED ON OPEN DATA
CHARTER INITIATIVE
• The Open Data Charter is collaboration between
governments and organisations working to open up
data based on a shared set of principles. The
collaboration aims to make data open and freely
available, while protecting the rights of people and
communities.
• Open Data Charter want the following -
o public officials to balance the tradeoffs between
advancing transparency and accountability using
data and protecting the rights of people and
communities
o citizens to be able to easily see and influence what
their public officials do, and to trust their
institutions
o people to be able to use openly available data and
accountable automated tools to access equitable
public services
• Open Data Charter Principles have been adopted by
22 countries, cities and local governments since 2015
and believes in the principle that “data collected at
public expense must belong to the people”.

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OPEN DATA INITIATIVE OF INDIAN GOVERNMENT –
NIC
• Based on the concept of Open Data Charter, Indian
Government initiated Open Government Data (OGD)
Platform (https://data.gov.in) in 2012.
• The government highlights that through OGD, India is
at the forefront in promoting innovation in Open Data
ecosystem in India.
• OGD has been set-up by National Informatics Centre
(NIC) in compliance with the Open Data Policy whose
objective is to provide a platform for proactive access
to Government-owned shareable data.
►NATIONAL DATA AND ANALYTICS PLATFORM (NDAP)
• NDAP is a pan-India initiative by NITI Aayog.
Through NDAP, NITI Aayog aims to democratize
access to publicly available government data. It will
host the latest datasets from various government
websites, present them coherently, and provide tools
for analytics and visualization.
• NDAP aims to standardize data across multiple
Government sources, provide flexible analytics and
make it easily accessible in formats conducive for
research, innovation, policy making and public
consumption.
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• These datasets are directly published on the platform
by the Government Departments.
NEED FOR AN OPEN DATA FRAMEWORK
• The government must ensure that NSDAP Guidelines
on Open Government Data are followed in principle.
• Billions of datas must be organised in a uniform
readable format so that it becomes beneficial for the
purpose of research and policy initiatives in the
longer run.
• The government must implement the National Data
and Analytics Platform (NDAP) released by NITI
Aayog.
• NDAP aims to take a user-centric approach to
providing access to data.
• NDAP will provide access to data from multiple
sectors in one place – eg. from different central or
state ministries.
• NDAP aims to provide a reliable platform for up-to-
date data through regular tracking of compliance of
Standard Operating Procedures (SOPs).
• NDAP aims to transform data-driven discourse,
research, innovation and decision-making in India.
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CHALLENGES FOR NDAP
• Data is not published in a user-centric manner –
such data are not conducive for research and
innovation. Some datasets are only available in PDF,
webpage or as an image, making it difficult for further
analysis.
• Delay in Research – If above issue is solved, then
researchers and data scientists will significantly save
time and resources in cleaning and preparing
government datasets for analysis
• Incoherent Data System due to different
standards - Ministries and Departments do not use a
shared standard for common indicators. Attributes
like region and time period defined differently. This
makes it difficult for datasets to speak to each other
and present a coherent picture.
WAY FORWARD FOR NDAP
The first version of National Data and Analytics Platform
is proposed to be released in 2021. However, its success
requires extensive support and cooperation of various
stakeholders such as Central Ministries, State
Governments and guidance from experts to realise the
vision and meet the timelines.
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►NITI AAYOG RELEASES DRAFT
DATA EMPOWERMENT AND
PROTECTION ARCHITECTURE
Niti Aayog has released “Draft Document on Data
Empowerment And Protection Architecture” which aims to
promote greater user control on data sharing. A well
designed data governance framework for the Indian
context would enable, not just secure data protection,
but also grant users control over data through a safe
and seamless protocol to share data across institutions,
leading to individual empowerment and well being.
NEED FOR SUCH AN ARCHITECTURE
• Need to Cash Data Rich Indians - According to NITI
Aayog, millions of Indians are creating electronic
transaction histories and becoming ‘data-rich’ at
historic rates, even before becoming economically
rich or even financially stable.
• People best Judge of their Data and must decide
its use - Personal data helps people inform and build
trust with key institutions providing life-altering
services, such as hospitals, banks, or future
employers. So, government believes that individuals
themselves are the best judges of correct uses of
their personal data, rather than competing
institutional interests.
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• Empower People through their Data - In a nutshell,
DEPA aims to empower people to seamlessly and
securely access their data and share it with third party
institutions for their own benefit.
DESIGNING OF DEPA
• DEPA accordingly has been designed as an evolvable
and agile framework for good data governance
considering the rapid change in data technology.
• Accordingly, DEPA seeks to provide a foundation of
three key building blocks:
1. Enabling Regulations
2. Cutting Edge Technology Standards
3. New types of public and private organisations with
incentives closely aligned to those of individuals
CONSENT INFRASTRUCTURE
DEPA’s technology architecture is a first of its kind
interoperable, secure, and privacy preserving digital
framework for data sharing through
1. The Consent Artefact - is a technology Standard for
programmable consent to replace the all-permissive
terms and conditions forms. The consent individuals
provide is designed on principles acronymed
ORGANS:
o Open standards (ensuring all institutions use the
same approach interoperably)
o Revocable (by individuals)
o Granular (provided for each time you share data,
stipulates how long data can be accessed, etc.)
o Auditable (in machine readable logs of consent
provided)
o provide Notice to all parties, and Secure by design
2. Open Application Programming Interface (APIs)
for Data Sharing - allow many new Consent
Managers to ‘plug in’ to a common sharing system
rather than having to build bilateral relationships with
information providers to access data. API is a
software intermediary that allows two applications to
talk to each other.
3. Financial Information Standards - allow a data
recipient to quickly interpret and understand
information from a new institution.
PROPOSED BENEFITS OF DEPA
• Will Solve Credit Crunch faced by MSMEs - Sharing
of past financial data like past turnover, GST Bills etc.
(with the consent of owner) will help people in MSME
Sector to get credit without submitting any collateral.
As per NITI Aayog, DEPA will prove useful to solve 20-
25 trillion Rupees credit gap faced by MSMEs.
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• Better Financial Management - Using DEPA,
individuals and small businesses can use their digital
footprints to access not just affordable loans, but also
insurance, savings, and better financial management
products.
• Building Trust based on previous Digital History -
Digital transaction used by small shop owners,
farmers, traders, MSME entrepreneurs, rural Self Help
Groups and gig economy workers are increasingly
generating a digital transaction history which can be
use to inform and build trust with financial
institutions.
• Link Scattered Data and Improve Accessibility –
Different type of datas are stored across sectors and
in different formats which makes access to data very
difficult. DEPA will not only help in solving the issue of
inaccessibility of one’s own data but will also help to
link scattered data lying across sectors in different
formats in an organised way.
• Need to harmonise regulations on Data Sharing to
prevent misuse - DEPA will ensure that data of
citizens are not misused without individuals’
knowledge and consent.
• Need for evolvable, interoperable and secure data
sharing framework - to use newly generated data by
Indians.
• Benefit for citizens through Personal Data
Management – as it will help individuals and small
businesses with the practical means to access,
control, and selectively share personal data that they
have stored across multiple institutional datasets.
• Individual Centric Data Sharing - Personal data
management will help to transform the current
organisation-centric data sharing system to an
individual centric approach that promotes user
control on data sharing for empowerment or access
to various financial, health or educational services.
• Create New Institutions – Account Aggregators &
Consent Managers - Consent Managers in the
financial sector will be known as Account Aggregators.
A non-profit collective or alliance of these players will
be created called the DigiSahamati Foundation. The
Aspect of Consent Manager also provided in The
Personal Data Protection Bill, 2019.
►ISSUES WITH PERSONAL DATA
PROTECTION BILL, 2019
The Personal Data Protection Bill, 2019 protects privacy
of individuals relating to their personal data, specify the
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flow and usage of personal data, create a relationship of
trust between persons and entities processing the
personal data, protect the rights of individuals whose
personal data are processed, create a framework for
organisational and technical measures for data
processing, lays down norms for social media
intermediary, cross-border transfer, accountability of
entities processing personal data, remedies for
unauthorised and harmful processing and also
establishes a Data Protection Authority of India for
regulation purpose. The 2019 Bill was sent to Joint
Parliamentary Committee for its Report.
BACKDROP TO DATA PROTECTION BILL, 2019
• Ministry of Electronics & Information Technology
(MeITY) in July 2017 constituted a ten member
committee of experts headed by former Supreme
Court Judge, Justice B.N. Srikrishna to study various
issues related to data protection in India and also to
draft a Data Protection Law.
• It submitted a report titled A Free and Fair Digital
Economy Protecting Privacy, Empowering Indians.
• The report has cited Puttaswamy Judgment and
highlighted that sphere of privacy includes a right to
protect one‘s identity. This right recognises the fact
that that all information about a person is
fundamentally their own, and they are free to
communicate or retain it for themselves.
• This core of informational privacy, thus, is a right to
autonomy and self-determination in respect of
one‘s personal data an must be the primary value
that any data protection framework serves.
Data Principle, Data Fiduciary & Data Processor
• Data Principal means the natural person to whom
the personal data relates.
• Data Fiduciary means any person, including the
State, a company, any juristic entity or any individual
who alone or in conjunction with others determines
the purpose and means of processing of personal
data.
• Data Processor means any person, including the
State, a company, any juristic entity or any individual,
who processes personal data on behalf of a data
fiduciary.
Storage of Data not on Rights Based Approach
• Government sees storage of individual data for public
good and does not take into account a rights based
approach.
• This gives government the right to use, monetise and
exploit data in any manner it desires so long as it
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guards against security incidents such as breaches
and unauthorised access.
• This mindset of the government has allowed selling or
transferring sensitive personal data by the fiduciary to
a third party in the Data Protection Bill of 2019.
PROBLEMS WITH DATA PROTECTION BILL, 2019
1. Three Significant Changes from the
recommendation of Justice Sri Krishna Committee
(i) The earlier Bill of 2018 stipulated that all
fiduciaries must store a copy of all personal
data in India. However, the 2019 Bill has
removed this stipulation, only requiring
individual consent for data transfer abroad.
o However, the Bill still requires sensitive personal
data to be stored only in India. It can be processed
abroad only under certain conditions including
approval of a Data Protection Agency (DPA).
o The final category of critical personal data must be
stored and processed in India.
(ii) Misuse of Non-Personal data - The 2019 Bill
mandates fiduciaries to give the government
any non-personal data when demanded. Non-
personal data refers to anonymised data, such
as traffic patterns or demographic data.
However, the Bill does not explicitly mention
about the ingredients of non-personal data
leaving much scope for misutilisation of such
data by the government.
(iii) The Bill also requires social media companies,
which are deemed significant data fiduciaries
based on factors such as volume and sensitivity
of data as well as their turnover, to develop
their own user verification mechanism.
2. Allows Data Processing without Individual’s
Consent for “Reasonable Purposes” including
security of the state, detection of any unlawful activity
or fraud, whistle blowing, medical emergencies, credit
scoring, operation of search engines and processing
of publicly available data. This gives enough discretion
to the government for surveillance activities of
targeted individuals.
3. The government can also collect data of users
without much restraint and use this data in
opaque ways without informing the person on
grounds of national security.
4. Each company will have a Data Protection Officer
(DPO) who will liaison with the DPA for auditing,
grievance redressal, recording maintenance and
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more. This may create corporate-DPA nexus and
promote illegal ways to suppress data fraud.
5. The process will increase legal compliance and
scrutiny for companies by the government in
unprecedented ways.
6. The Aspect of Right to be Forgotten which is an
important highlight of EUGDPR is not provided in
the 2019 Bill as the Bill does not provide for limited
processing or deletion of data after usage.
7. The Bill dilutes individuals’ control over their data
by allowing the government to exempt any of its
agencies from any or all the provisions of the Bill.
8. No Judicial Member in DPA as all members including
Chairperson will be to be appointed by the Central
Government amounts to conflict of interest.
9. Even the Selection Committee for appointing
members of DPA is government centred headed
by Cabinet Secretary. This leaves no choice for
opposition or members of judicial fraternity to raise
any objections.
10. Collecting non-personal data by the government
is particularly against the ‘principle of limited
purpose limitation’ according to which personal
data that is gathered for a specific purpose cannot
be put to use for any other purpose.
►RIGHT TO BE FORGOTTEN -
EUGDPR
European Court of Justice (ECJ) had ruled that Google
does not have to apply the right to be forgotten globally
but only in European Union Countries. It means that
Google has to remove links from its search results only
in Europe after receiving an appropriate request.
APPLYING RIGHT TO BE FORGOTTEN SINCE 2014
• Right to be forgotten is also known as the "Right to
Erasure". The rule gives citizens of European Union
the right as they can demand from global search
engines to delete their sensitive personal data from
the web since 2014.
• Google has applied the right to be forgotten since
May 2014 when the ECJ first ruled that under some
circumstances European citizens can force global
search engines to delist web pages containing
sensitive information about them from queries made
using their names.
• The idea is to hide sensitive information (eg.
committing criminal offence, having extra-marital
affair) if the details are found to be inadequate,
irrelevant or no longer necessary.
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• ECJ held that delistings must be accompanied by
measures which effectively prevent or, at the very
least, seriously discourage an internet user from
being able to access the results from one of Google's
non-EU sites.
• EU General Data Protection Regulation (EUGDPR)
which came into force in 2018 has added further
obligations for the global search engine with respect
to “right to be forgotten”.
KEY CHANGES BROUGHT BY EUGDPR
The aim of the GDPR is to protect all EU citizens from
privacy and data breaches in our data-driven world. In
the new EUGDPR, many new changes have been
proposed to the regulatory policies which are –
1. Increased Territorial Scope
• GDPR now applies to all companies processing the
personal data of data subjects residing in the
Union, regardless of the company’s
location. Previously, territorial applicability of the
directive was ambiguous leading to disputes and
excessive litigations.
• GDPR clearly applies to the processing of personal
data by controllers and processors in the EU,
regardless of whether the processing takes place in
the EU or not.
• The GDPR also applies to the processing of
personal data of data subjects in the EU by a
controller or processor not established in the EU.
Activities of personal data relate to -
o offering goods or services to EU citizens
(irrespective of whether payment is required) and
o the monitoring of behaviour that takes place within
the EU.
• Non-EU businesses processing the data of EU citizens
also have to appoint a representative in the EU.
2. Penalties
• Fine - Organizations in breach of GDPR can be fined
up to 4% of annual global turnover or €20 Million
(whichever is greater). This is the maximum fine that
can be imposed for the most serious infringements
i.e. not having sufficient customer consent to process
data or violating the core of privacy by design
concepts.
• Tiered Approach to Fines e.g. a company can be
fined 2% for not having their records in order (article
28), not notifying the supervising authority and data
subject about a breach or not conducting impact
assessment.
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• Clouds not Exempted - These rules apply to both
controllers and processors. It means that ‘clouds’ are
not exempt from GDPR enforcement.
3. Consent
• The conditions for consent have been
strengthened and companies cannot use ambiguous
terms and conditions for consent which are self-
contradictory.
• The request for consent must be given in an
intelligible and easily accessible form with the
purpose for data processing attached to that consent.
• Consent must be clear and distinguishable from
other matters and provided in an easily accessible
form, using clear and plain language. It must be as
easy to withdraw consent as it is to give it.
4. Data Subject Rights
• Right to Access–It is right of data subjects to obtain
confirmation from the data controller about
processing of their personal data. The data controller
has to tell their data subjects about the jurisdiction
and purpose of data process.
• Breach Notification - Under the GDPR, breach
notifications are now mandatory in all member states
where a data breach is likely to “result in a risk for the
rights and freedoms of individuals”. Data processors
are also required to notify their customers, the
controllers, “without undue delay” after first
becoming aware of a data breach.
• Right to be Forgotten–It entitles the data subject to
have the data controller erase their personal data, cease
further dissemination of their data and have third
parties halt processing of their data.
• Conditions for removal of data are – 1. Data is no
longer relevant to original purposes for processing or
2. Data subject withdrawing their consent. Right to be
forgotten also requires data controllers to compare
the subjects’ rights to “the public interest in the
availability of the data” when considering such
requests for data removal.
• Data Portability - GDPR introduces data portability –
the right for a data subject to receive the personal
data concerning them – which they have previously
provided in a ‘commonly use and machine readable
format’ and have the right to transmit that data to
another controller.
• Privacy by Design–The term “Privacy by Design”
means data protection through technology design
and takes the human aspects of privacy during the
designing process of any technology. At its core,
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privacy by design calls for the inclusion of data
protection from the onset of the designing of
systems, rather than an addition. Privacy by design as
a concept has existed for years, but has become part
of the legal requirement with the GDPR.
►AROGYA SETU APP – PRIVACY
CONCERNS
Aarogya Setu is a digital service, primarily a mobile
application, developed by the Government of India and
is aimed at protecting the citizens during COVID-19.
Aarogya Setu is framed as a necessary technological
invasion into personal privacy, in a bid to achieve a
larger social purpose. But without a statutory
framework, and in the absence of a data protection law,
the application’s reach is boundless including targeted
surveillance by state.
NEW PRIVACY POLICY FOR AAROGYA SETU APP
• Earlier, data sharing through Bluetooth did not define
the precise limit on sharing of information which the
government might utilise for future purposes. So, the
government has come up with new data policy.
• The data from the app will be saved on a secure
server managed by the Indian government. This data
will be “hashed with a unique digital id (DiD)” that will
be pushed to the app. All subsequent “app-related
transactions” will be tagged to this DiD. This unique ID
helps to keep user information anonymised.
• Hashing is the transformation of a string of
characters into a usually shorter fixed-length value or
key that represents the original string. Hashing is
used to index and retrieve items in a database
because it is faster to find the item using the
shorter hashed key than to find it using the original
value.
• Aarogya Setu’s privacy policy states that
information collected will be stored on a server which
is operated and managed by the government.
• Information collected includes name, phone
number, age, sex, profession and countries visited in
the last 30 days. This is basically all the information
users are asked to provide while registering on the
app. All this will be stored with a unique Digital iD
(DiD).
• When two users come in contact, the DiDs will be
exchanged and stored on each other’s devices. The
privacy policy states that the information will be
stored safely and that the other user will not have
any access.
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• The app also collects location data of the user every
15 minutes and this is said to be stored on their
phone. Only if the user tests positive for COVID-19 or
the self-assessed symptoms indicate it, it will be
uploaded to the server.
• The privacy policy states that all personal information
collected will be purged from the app after 30 days if
it hasn’t been uploaded to the server.
CONCERNS ON APP’S PRIVACY POLICY
• Collects the personal data of its users and allows
the disclosure of such data to the government to
provide it with necessary details for carrying out
medical and administrative interventions necessary in
relation to COVID-19.
• Government at Liberty to Revise terms of the
privacy policy at its discretion and has done so
without notifying its users.
• The App can be used for surveillance of its users -
Simultaneously the App also equips the government
with an instrument for restricting and regulating the
right of freedom of movement of citizens, especially
due to its unspecific terms of service. (eg. Cannot
travel in trains with Aarogya Setu App)
• Alarms raised over information collection,
purpose limitation, data storage, institutional
divergence and transparency – by New Delhi based
Internet Freedom Foundation.
• The App’s privacy policy does not disclose the
departments or ministry or officials who are
authorised to access the data. So, apart from the
App’s terms of use, currently there is no legal
framework which regulates Aarogya Setu App.
• Recent RTI application on Aarogya Setu was
dismissed by the government regarding
application.
►NATIONAL DIGITAL HEALTH
MISSION
As part of Independence Day Speech, Prime Minister
Narendra Modi unveiled the National Digital Health Mission
(NDHM) where every Indian will get a Health Identity Card
which will have health details of all Indians.
VISION & AIM OF NATIONAL DIGITAL HEALTH
MISSION (NDHM)
• Create national digital health ecosystem which
provides timely and efficient access to inclusive,
affordable, and safe healthcare to all citizens.
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DATA SECURITY & DATA BASED GOVERNANCE
• Improve efficiency, effectiveness, and
transparency of health service delivery and will be
a major stride towards achievement of the United
Nations Sustainable Development Goal 3 of Universal
Health Coverage.
• Every Indian citizen will get a Health ID which will
be a repository of all health-related information
of a person - such as medical tests, previous
prescriptions, diagnosis, treatments, all historical
health records etc. All these records will be stored in a
common database through a single National Health
Identity Card.
• NDHM includes health ID, digidoctor,
telemedicine, e-pharmacy, healthcare registry
and personal health records digitally stored.
CREATION OF AN INTEGRATED HEALTH
INFRASTRUCTURE
• Integration of health care activities - National
digital health mission is holistic and voluntary
healthcare programme which will integrate doctors,
hospitals, pharmacies, insurance companies to create
a digital health infrastructure.
• Core Building Blocks - The core building blocks of
NDHM such as Health ID, Digi-Doctor and Health
Facility Registry shall be owned, operated and
maintained by the Government of India.
• Health ID to have Details - Every Health ID will
create health account of citizens which will contain
health details of citizens like blood test reports, report
on every disease, visits of the doctor, medicines taken
as well the diagnosis provided by the doctor. The
Health ID card will be created with details like Aadhar,
mobile number and generate unique ID for each
individual.
its
• Portable Information - According to the
government, these informations will be very useful as
it is portable and easily accessible even if the patient
shifts to new place or visits a new doctor.
• Private Sector Involvement - Private stakeholders
will have an equal opportunity to integrate with these
building blocks and create their own products.
However, core activities and verifications, for
example, generation of Health ID or approval of a
doctor/facility shall remain with the government.
IDEA OF NDHM BASED ON NITI AAYOG’S 2018 REPORT
ON NATIONAL HEALTH STACK (NHS)
• The National Health Stack (NHS) is a visionary digital
framework of NITI Aayog which can be used both by
the centre and state governments across public and
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private sectors. The document was released by NITI
Aayog in July2018.
• NHS represents a holistic platform that supports a
multitude of health verticals and their different
branches and is capable of integrating future IT
solutions for the health sector.
• With increasing use of cutting age technology and
Artificial Intelligence in the health sector, it is
important to digitise and store health records of all
citizens.
• National Health Stack (NHS) is a digital infrastructure
built with a deep understanding of the structures
prevalent in the Indian healthcare ecosystem.
• So, National Health Stack is a set of building blocks
which are essential in implementing digital health
initiatives which would be built as a Common Public
Good to avoid duplication of efforts and successfully
achieve convergence.
KEY COMPONENTS OF NATIONAL HEALTH STACK
• National Health Electronic Registries: to create a
single source of truth for and manage Master Health
Data of the country.
• A Coverage and Claims platform: building blocks to
support large health protection schemes, enable
horizontal and vertical expansion of PM Rashtriya
Swasthya Suraksha Mission (PMRSSM) - RSSM by
states and robust fraud detection.
• A Federated Personal Health Records (PHR)
Framework: to solve twin challenges of access to
their own health data by patients and availability of
health data for medical research, critical for
advancing our understanding of human health.
• A National Health Analytics Platform: to bring a
holistic view combining information on multiple
health initiatives and feed into smart policy making,
for instance, through improved predictive analytics.
• Other horizontal Components: including, and not
restricted to, unique Digital Health ID, Health Data
Dictionaries and Supply Chain Management for
Drugs, payment gateways etc shared across all health
programs.
AIM OF THE NATIONAL HEALTH STACK (NHS)
• Facilitate collection of comprehensive healthcare
data across the country - NHS will help in data
analysis which will allow policy makers to experiment
with policies, detect fraud in health insurance,
measure outcomes and move towards smart policy
making.
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• Engage market players (NGOs, researchers,
watchdog organizations) to innovate and build
relevant services on top of the platform and fill the
gaps.
• Creating largest health databases with secured
aggregated data which can be used to empower
citizens through DEPA.
NATIONAL DIGITAL HEALTH BLUEPRINT (NDHB)
• So, based on National Health Stack as suggested by
NITI Aayog, Ministry of Health and Family Welfare
came up with the policy of National Digital Health
Blueprint to build an ecosystem which can integrate
the existing disparate health information systems.
• NDHB identifies the necessity to establish a specific
organisation, called the National Digital Health
Mission (NDHM) that can facilitate the
implementation of the blueprint, to support and
simplify the development of a national digital health
ecosystem.
• The key features of this blueprint include a unified
architecture, a set of architectural elements, a five-
layered structure of architectural institutional blocks, a
Unique Health ID (UHID), privacy and consent control,
national portability, electronic health records,
appropriate principles and guidelines, and, health
analytics.
• Based on the Blueprint, Prime Minister of India
announced National Digital Health Mission from
the ramparts of Red Fort on the eve of Indian
Independence.
LEGAL CHALLENGES THAT MAY LIE AHEAD
• Linking Aadhaar to National Health Card without
statutory approval of law may create legal hassles
as such linking may not be approved under the
Aadhaar Act and also infringes right to privacy of
citizens.
• The Personal Data Protection Bill, 2019 has defined
Sensitive Personal Data which health data. Thus
sharing of health data may have privacy and other
legal concerns.
• Commercial Exploitation and harvesting of
Sensitive Personal Data including Health Data of
individuals on the dark web may create further
challenges as such data can be used by
pharmaceutical giants, insurance companies or other
interested stakeholders to profile individual based on
their health or sexual orientation.
157
 DATA SECURITY & DATA BASED GOVERNANCE
• India with its sizeable population will become the
black market for medical data theft as such data
can be misused by corporates including social media
giants like Amazon, Facebook etc.
• Government can use, monetise or exploit medical
data through DEPA.
►BLOCKING OF CHINESE APP
Central Government has banned Chinese Apps in India
under Section 69A of The Information Technology (IT)
Act, 2000 in the backdrop of India-China stand-off at
Galwan valley in Ladakh. Supreme Court in Shreya
Singhal Judgment has upheld the constitutional validity
of Section 69A of Information Technology Act while
declaring Section 66A to be unconstitutional. The
Judgment also read down Section 79 of the IT Act which
provides for immunity to intermediaries in certain cases.
REASON TO BLOCK CHINESE APP
• Misuse related to stealing and surreptitiously
transmitting user’s data in an unauthorised manner
to servers which have locations outside India.
• Illegal data mining or compilation and
transferring outside India by elements hostile to
national security.
• Misuse done by mobile apps available on Android
and iOS platforms.
• MeITY has blocked these apps under Section 69A of IT
Act citing threat to sovereignty and integrity of India,
defence of India, security of state and public order.
• Section 69A provides punishment with an
imprisonment for a term which may extend to 7
years and also be liable to fine.
SHREYA SINGHAL CASE
• Supreme Court in the Shreya Singhal case upheld
Section 69A of IT Act, 2000 while striking down
Section 66A.
• The Court held that section 66A was in complete
violation of Article 19(1)(a) which provides freedom
of speech and expression and cannot be saved under
Article 19(2) which provides for reasonable
restrictions on grounds of sovereignty and integrity of
India, the security of the State, friendly relations with
foreign States, public order, decency or morality, or in
relation to contempt of court, defamation or
incitement to an offence.
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o Section 66A - Punishment for sending offensive
messages through communication service, etc.
o Section 69A - Power to issue directions for blocking
for public access of any information through any
computer resource.
• Section 79 of IT Act, provides for exemption from
liability in certain cases. The Supreme Court in this
regard held that both Section 79 and Rule 3(4) of the
Intermediary Rules are to be read down and held
that intermediaries cannot benefit from the immunity
granted under Section 79 of IT Act, 2000 in case they
have received Court Orders or Government orders to
remove any specific information.
• This means that the intermediary must receive a
court order/notification from a government
agency requiring the intermediary to remove
specific information.
• Further, the Supreme Court also stated that any
such court order or notification must necessarily
fall within the ambit of the restrictions under
Article 19(2).
WHY SECTION 69A WAS DECLARED VALID IN SHREYA
SINGHAL JUDGMENT
• Section 69A grants powers to the Central
Government to “issue directions for blocking of public
access to any information through any computer
resource”.
• The 2009 Rules allow blocking of websites by a
court order and provide for Review Committee to
review the decision to block websites as also
establishes penalties for the intermediary that fails to
extend cooperation in this respect.
• Supreme Court observed that that Section 69A
unlike Section 66A is a narrowly drawn provision
with several safeguards. The Court gave the
following reasons for the validity of Section 69A
1. First - Blocking can only be resorted to upon
satisfaction of Central Government.
2. Second – blocking must be done based on
Reasonable Restrictions provided in Article 19(2).
3. Thirdly – Decision to block must be in writing so that
it can be produced as evidence in Court if required
under Article 226 or other provisions.
158
Section-11
SSUES ELATED TO
ESERVATION
►MANDAL COMMISSION REPORT –
27% RESERVATION FOR OBCS
• The Mandal Commission was set up to investigate the
extent of educational and social backwardness
among various sections of Indian society and
recommend ways of identifying these ‘backward
classes’. It was also expected to give its
recommendations on the ways in which this
backwardness could be ended.
• The Commission gave its recommendations in 1980
and advised that ‘backward classes’ should be
understood to mean ‘backward castes’, since many
castes other than the Scheduled Castes, were also
treated as low in the caste hierarchy.
• The Commission did a survey and found that these
backward castes had a very low presence in both
educational institutions and in employment in public
services. It therefore recommended reserving 27 per
cent of seats in educational institutions and
government jobs for these groups.
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• The Mandal Commission also made many other
recommendations, like, land reform, to improve the
conditions of the OBCs. In August 1990, the National
Front government decided to implement one of the
recommendations of Mandal Commission pertaining
to reservations for OBCs in jobs in the central
government and its undertakings.
• This decision sparked agitations and violent protests
in many cities of north India. The decision was also
challenged in the Supreme Court and came to be
known as the ‘Indira Sawhney case’, after the name of
one of the petitioners.
• In November 1992, the Supreme Court gave a ruling
upholding the decision of the government.
►INDRA SAWHNEY JUDGMENT
• The case decided by Nine Judge Constitution Bench.
The bone of contention in this landmark judgment
was the Mandal Commission Report of 1980, which
was laid before Parliament on two occasions – once in
1982, and again in 1983.
159

• However, no action was taken on the basis of this
Report until 13.08.1990, when an Office
Memorandum stated that after considering the said
Report, 27% of the vacancies in civil posts and
services under the Government of India shall be
reserved for the Socially and Economically
Backward Classes.
• This was followed by an Office Memorandum of
25.09.1991, by which, within the 27% of vacancies,
o preference was to be given to candidates
belonging to the poorer sections of the Socially
and Economically Backward Classes; and
o 10% vacancies were to be reserved for Other
Economically Backward Sections who were not
covered by any of the existing schemes of
reservation.
The majority judgments upheld the reservation of 27%
in favour of backward classes, and the further
subdivision of more backward within the backward
classes who were to be given preference, but struck
down the reservation of 10% in favour of Other
Economically Backward categories.
• The Court contrasted Article 16(4) with Article 15(4),
and stated that Article 16(4) refers to any backward
class of citizens where it refers primarily to social
backwardness.
Article 16 (4) - any backward class of citizens
Article 15 (4) - any socially and educationally
backward classes of citizens or for the Scheduled
Castes and the Scheduled Tribes
• The Court held that the test or requirement of social
and educational backwardness cannot be applied
to Scheduled Castes and Scheduled Tribes, who
indubitably fall within the expression “backward class
of citizens”. Thus, they do not have to prove their
backwardness.
• The Scheduled Castes and the Scheduled Tribes
are the most backward among backward classes
and it is, therefore, presumed that once they are
contained in the Presidential List under Articles 341
and Article 342 of the Constitution of India, there is
no question of showing backwardness of the
Scheduled Castes and the Scheduled Tribes all over
again.
• The advanced sections among the OBCs (the creamy
layer) should be excluded from the list
beneficiaries of reservation.
• It further held that creamy layer principle is only
confined to Other Backward Classes and has no
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ISSUES RELATED TO RESERVATION
relevance in the case of Scheduled Tribes and
Scheduled Castes.
• There shall be no reservation in promotions and
the reservation should be confined to initial
appointments only.
• The reasoning was that reservations exist to create a
level-playing field, to remedy unequal starting
positions, thereby removing the justification for
reservation in promotion.
►M. NAGRAJ V UNION OF INDIA
• The government further felt that representation of
the SCs and STs in the services in the state had not
reached the required level.
• Hence to continue to provide reservation in
th
promotion, legislature passed the Constitution 77
amendment act of 1995 and added Article 16(4A) to
the constitution.
• As per Article 16(4A) - State can make any provision
for reservation in matters of promotion if SC/STs
are not adequately represented in the services in the
state.
th
• In M. Nagraj case, the constitutional validity of 77
Amendment was challenged which provided for
reservation in promotion along with other
amendments on backlog vacancies in reservation.
• The Supreme Court upheld the constitutional
th
validity of 77 Amendment and said these were
mere enabling provisions.
• If a state government wishes to make provisions for
reservation to SC/STs in promotion, the state has to
collect quantifiable data showing backwardness
of the class and inadequacy of representation of
that class and maintenance of efficiency.
• The Court allowed reservations in promotion for
members of SC/ST subject to proving three
conditions:
o Backwardness of class – so there is a need for
quantifiable data to prove backwardness
o Inadequacy of representation
o Administrative Efficiency – Article 335
►JARNAIL SINGH V LACHHMI
NARAIN GUPTA
of • The controversy in this case arose due to the
interpretation of Article 16 (4A) which was added by
th
Constitution 77 Amendment.
160

• Article 16 (4A) mentions that state can make
provisions for reservation in matters of promotion,
with consequential seniority, to any class or classes of
posts in the services under the State in favour of the
Scheduled Castes and the Scheduled Tribes which, in
the opinion of the State, are not adequately
represented in the services under the State.
• So, the Court confined their entire judgment based on
two grounds:
1. Whether the state has to collect quantifiable data
to show backwardness of members of SC and ST?
2. Can the concept of creamy layer be applied to the
members of SC and ST as it will amount to sub-
classification within the members of SC and ST.
(considering the fact that it was declared in Indra
Sawhney that further sub-classification within
Scheduled Castes and Scheduled Tribes is not
permissible.)
THE JUDGMENT
• There is no need to revisit the judgment of M.
Nagaraj by a 7-judge Constitutional Bench.
• States no longer need to collect quantifiable data on
the backwardness of SCs and STs in granting quota in
promotions.
• However, the states will have to back it with data to
show their inadequate representation in the cadre.
• The Court said that the principle of creamy layer can
be extended to members of SC/ST for promotions in
government jobs.
SC ON THE ISSUE OF CREAMY LAYER
• The whole object of reservation is to see that
backward classes of citizens move forward so that
they may march hand in hand with other citizens of
India on an equal basis.
• This will not be possible if only the creamy layer
within that class bag all the coveted jobs in the public
sector and perpetuate themselves, leaving the rest of
the class as backward as they always were.
• When a Court applies the creamy layer principle to
Scheduled Castes and Scheduled Tribes, it does not in
any manner tinker with the Presidential List under
Articles 341 (Scheduled Castes) or 342 (Scheduled
Tribes) of the Constitution of India.
• The Court excluded the creamy layer from such
groups or sub-groups (including members of SC/ST)
when applying the principles of equality under
Articles 14 and 16 of the Constitution of India.
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ISSUES RELATED TO RESERVATION
►SCHEDULED CASTE/SCHEDULED
TRIBES CAN HAVE SUB-GROUPS
In State of Punjab v Davindar Singh, a five-judge
Constitution Bench of Supreme Court (headed by
Justice Arun Mishra) observed that there can be sub
classifications within Scheduled Castes (SCs) and
Scheduled Tribes (STs) to provide preferential
treatment in reservation to the “weakest of the
weak”.
SUB-CATEGORISATION PROVIDED BY PUNJAB HELD
UNCONSTITUTIONAL BY HIGH COURT
• Punjab Scheduled Castes and Backward Classes
(Reservation in Services) Act, 2006 provides that fifty
per cent of the vacancies of the quota reserved for
Scheduled Castes in direct recruitment, shall be
offered to Balmikis and Mazhbi Sikhs, if available, as a
first preference from amongst the Scheduled Castes.
• This provision was held unconstitutional by Punjab
and Haryana High Court as the Court relied on the
judgment pronounced in V Chinnaiah vs State of
Andhra Pradesh and Others which disallows such sub-
categorisation in reservation for Scheduled Caste and
Scheduled Tribes.
• E.V. Chinnaiah Judgment held that that all the castes
in the Presidential Order under Article 341(1) of the
Constitution formed one class of homogeneous group
and the same could not be further sub divided.
JUDGMENT GIVEN BY SUPREME COURT
• The Court held that sub-classification made under
Punjab Scheduled Castes and Backward Classes
(Reservation in Services) Act, 2006 was to ensure
that the benefit of the reservation percolate
down to the deprived section, to provide benefit
to all and give them equal treatment.
• The Court held that such sub-classification would
not amount to exclusion from the list as no class
(caste) is deprived of reservation in totality.
• The entire basket of fruits cannot be given to
mighty at the cost of others under the guise
of forming a homogenous class. The Court
said that creamy layer for members of SC/ST
who have progressed or advanced in their life
can be created as compared to the weakest
among the weaker sections of Scheduled Caste
and Scheduled Tribe.
• As per Article 16(4) and Article 342A, it would not
be permissible to adopt different criteria for
161

Scheduled Castes, Scheduled Tribes, and socially
and educationally backward classes.
• It is State’s obligation to undertake the
emancipation of the deprived section of the
community and eradicate inequalities. So to
remove inequality even within same community,
State can sub-classify and adopt distributive
justice method so that State benefits does not
concentrate in few hands and equal justice to all
is provided as per Article 39.(b) and 39(c).
►SUB-CATEGORISATION OF OBCs
Five-year data on OBC quota implementation in central
jobs and higher educational institutions showed that a
very small section among members of OBC have taken
majority of benefits of reservation. The government in
order to quantify the flow of benefits among different
communities among OBC and to achieve greater social
justice and inclusion for all, President in exercise of the
powers conferred under Article 340appointed a Justice
G. Rohini Panel. The commission will examine the sub-
categorisation of Central List of the Other Backward
Classes (OBC).
OTHER REPORTS ON SUB-CATEGORISATION OF OBC
Sub-categorisation of OBCs as recommended by a few
Commissions and implemented by some states have all
used indicators of social backwardness as the criteria.
• The First Backward Class Commission report of
1955, also known as the Kalekar Report, had
proposed sub-categorisation of OBCs into backward
and extremely backward communities.
• In the Mandal Commission report of 1979, a dissent
note by member L R Naik proposed sub-
categorisation in intermediate and depressed
backward classes.
• In 2015, former National Commission for Other
Backward Classes under Justice (Retd) Eswaraiah
asked for sub-categorisation within OBCs into
Extremely Backward Classes (Group A), More
Backward Classes (Group B) and Backward Classes
(Group C).
• Presently, ten states, including Tamil Nadu,
Karnataka, Andhra Pradesh, Telangana, Haryana,
Jharkhand, Bihar, West Bengal, Maharashtra, and
Jammu, have sub-categorised OBCs using varying
criteria, including the ascribed status such as de-
notified, nomadic or semi-nomadic tribes, the religion
of a community, caste status before conversion to
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ISSUES RELATED TO RESERVATION
Christianity or Islam, and perceived status socially or
traditional occupation.
ARGUMENTS SUPPORTING SUB-CLASSIFICATION
• Reservation system promotes equality among
equals as enshrined in Article 14.
• Extension of Reservation every ten years has ensured
socio-economic upliftment of the weaker sections.
• Justice Ramachandra Raju Commission,
1997 recommended sub-dividing the SCs into four
groups and apportioning reservations separately for
each.
• 2018 judgment in Jarnail Singh v Lachhmi Narain
Gupta mentioned that priority can be even to weaker
class among existing SC/STs and has said that creamy
layer concept can be applied to SC/ST.
• Article 16 (4) provides that the State can make any
provision for the reservation of appointments or
posts and in matters of promotion 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.
• Article 15(4) empowers the state to create special
arrangements for promoting the interests and
welfare of socially and educationally backward classes
of the society such as SC and STs.
• Sub-Quota given by different states – States like
Andhra Pradesh, Punjab, Tamil Nadu and Bihar have
introduced special quotas for the most vulnerable
Dalits. For example, in Tamil Nadu, a 3% quota within
the SC quota is accorded to the Arundhatiyar caste.
• Horizontal Reservation provided by state
governments further propels the development of
SC/ST in educational and public services.
ARGUMENTS AGAINST SUB-CATEGORIZATION
• States do not have the power to tinker with the
Presidential list that identifies SCs and STs under
Article 341 and 342 –
• Non-Uniform categorisation of SC/ST across states
- A caste notified as SC/ST in one state may not be a
SC/ST in another state. These vary from state to state.
• The test or requirement of social and educational
backwardness cannot be applied to Scheduled
Castes and Scheduled Tribes.
• Categorising any caste as SC/ST by the centre may
be done only for vote bank politics.
• Only certain section of SC/ST enjoys the benefits in
education and public services due to extreme
162

poor conditions of rest of the communities within
SC/ST.
►RESERVATION FOR
ECONOMICALLY WEAKER
SECTIONS (EWS) – CONSTITUTION
103RD AMENDMENT
The Supreme Court has referred the Constitution (One
Hundred and Third Amendment) Act, 2019 to a five
Judge Constitution Bench. The act provides for 10 per
cent reservation to economically weaker section of the
society over and above the existing reservation in
government jobs and admission to education
institutions as per provisions of the newly inserted
Articles 15(6) and 16(6) of the Constitution. This is in
pursuance of the objectives enshrined in Article 46 of
the Indian Constitution.
CONSTITUTION (ONE HUNDRED AND THIRD
AMENDMENT) ACT, 2019
• The reservation of 10% will be over and above the
existing 50 per cent reservation enjoyed by the
members of Scheduled Castes, Scheduled Tribes and
the Other Backward Classes. This will take the total
reservation to 60 per cent.
• The proposed reservations intends to include such
members who do not avail the benefits of
reservation, This includes members in the general
category as well as members of the minority
communities including Muslims, Sikhs, Buddhists,
Christian and other communities who do not enjoy
any kind of reservation.
• The following are the criteria to avail the benefits of
reservation of 10 per cent:
o Persons whose family has gross annual income of
less than Rs. 8 lakh per annum;
o Persons possess less than 5 acres land;
o Have agricultural land of less than 5 acres;
o Have a house smaller than 1,000 square feet;
o In a municipality – a residential plot smaller than
100 yards;
o In a non-notified municipality – a residential plot of
less than 200 yards.
• Note* "Economically Weaker Sections" shall be
notified by the State from time to time on the basis of
family income and other indicators of economic
disadvantage.’
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ISSUES RELATED TO RESERVATION
ONGOING CONSTITUTIONAL DEBATE AROUND
ECONOMIC RESERVATION IN INDIA
• The Supreme Court has ruled multiple times against
exceeding maximum of 50% reservation as declared
in its 1992 Indira Sawhney v. Union of India.
• However, there are states like Tamil Nadu that go
beyond this limit and the Supreme Court has upheld
the state’s policy many a time. Presently, the state has
a ‘69 per cent quota system’.
• A writ petition has been filed by Youth for Equality
contending that 103rd amendment violates the
basis structure doctrine.
• However, Economic reservation finds its ground in
terms of equality. It is difficult to see how economic
reservation damages or destroys the concept of
equality, and consequently Basic Structure.
• It is said that it is against the idea of equal
opportunity as it favours a few and provide them
special privileges discriminating others.
• However, act enable inclusion of those who are left
behind because of economic disabilities. Thus brings
economic welfare of the society.
• Private, unaided educational institutions, have argued
that their fundamental right to practise a
trade/profession is violated when the state compels
them to implement its reservation policy
• However, for the unaided institutions, it argued that
the Constitution allows the Parliament to place
reasonable restrictions on the right to carry on trade.
Conclusion - Thus, 103rd amendment act it poses a
difficult judicial examination. No doubt it envisions to
uplift economically weaker sections of the society, but its
constitutional validity need to be examined.
►TAMIL NADU GIVES 7.5%
HORIZONTAL RESERVATION TO ITS
STUDENTS
WHAT DOES THE NEWS HIGHLIGHT ABOUT
HORIZONTAL RESERVATION IN NEET BY TAMIL NADU
• On October 30, the Tamil Nadu (T.N.) Governor gave
his assent to a Bill that sought to reserve 7.5% seats in
undergraduate medical admissions for government-
school students who qualified NEET.
• The Horizontal Reservation will reduce the “de facto
inequalities” between government-school students
and private-school students.
163
 ISSUES RELATED TO RESERVATION
• The state believes that students from government • The reservations in favour of Scheduled Castes, the
schools and rural areas would not be able to afford Scheduled Tribes and the other backward classes
the coaching that would be essential for the [under Article 16(4)] may be called vertical
competitive test and accordingly are at disadvantage. reservations.
• Earlier, the state government even ran free coaching • Whereas reservations in favour of physically
centres for NEET to help students prepare for the handicapped [under Clause (1) of Article 16] can be
examination. referred to as horizontal reservations.
DECISION OF HORIZONTAL RESERVATION IS BASED • So, we can say that horizontal reservations cut across
ON JUSTICE KALAIYARASAN’S REPORT the vertical reservations - what is called inter-locking
reservations.
• The decision is based on report by one person
commission headed by former Madras High Court • For students of Tamil Nadu, horizontal reservations
Justice P. Kalaiyarasan. will be applied irrespective of the community a
student belongs to, just as in the case of quota for
• The commission’s role was to analyse the socio-
persons with disability or wards of ex-service
economic background of students and submit
personnel. The government also specified that if a
recommendations to the state government on how to
government-school student has scored high marks,
increase the number of government school students
she or he could also opt to be allotted a seat based on
securing MBBS seats in the state.
their community reservation.
• The Commission, in its report, made the observation
that students from government schools are placed at
a disadvantage, compared to their counterparts in ►RESERVATION IN PROMOTION
private schools due to a cognitive gap created by
NOTA FUNDAMENTAL RIGHT
socio-economic factors such as caste, wealth, parental
occupation, parental education, gender, etc. Reservation in promotion in public posts cannot be
claimed as a fundamental right as per the recent
• The Report mentioned that these psychological and
Supreme Court judgment under Article 16(4) and Article
socio-economic barriers cannot be bridged by a few
16(4A).
months of intensive coaching for NEET, even if
provided for free by the state. THE ISSUES CONSIDERED BY THE SUPREME COURT

• The Committee recommended setting aside 10% WERE

seats for government students earlier suggested by
the state.
WHICH STUDENTS WILL BENEFIT FROM THE
HORIZONTAL RESERVATION PROVIDED BY TAMIL
NADU?
• 7.5% horizontal reservation in NEET will be provided
to those students of Tamil Nadu who have studied in
government schools from Class VI onwards, including
corporation schools, municipal schools, Adi Dravida
and tribal welfare schools, Kallar reclamation schools,
forest department schools and those managed by
government departments.
WHAT IS THE MEANING OF HORIZONTAL
RESERVATION?
• The concept of vertical and horizontal reservation was
explained by the Supreme Court in the famous Indra
Sawhney judgment.
• The Court held that all reservations are not of the
same nature. There are two types of reservations
which can be referred as 'vertical reservations' and
'horizontal reservations'.
1. Whether the State Government is bound to make
reservations in public posts?
2. Whether decision of the state to provide or not
provide reservation shall be based only on
quantifiable data relating to adequacy of
representation of persons belonging to Scheduled
Castes and Scheduled Tribes?
1. Can the state refuse to collect quantifiable data
regarding the adequacy or inadequacy of
representation of the Scheduled Castes and
Scheduled Tribes in public services?
JUDGMENT OF SUPREME COURT
Article 16 (4) and 16 (4A) empowers the State to make
reservation in matters of appointment and promotion in
favour of the Scheduled Castes and Scheduled Tribes 'if
in the opinion of the State they are not adequately
represented in the services of the State'.
1. Article 16 (4) and 16 (4A) are in the nature of
enabling provisions and accordingly State has
discretion either to provide reservation in public
services under Article 16(4) or reservation in

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164

promotions under Article 16(4A) or not to provide
such reservations.
2. If the states wish to provide reservation in promotion,
then the State has to collect quantifiable data
showing inadequacy of representation of that
class in public services.
3. Even if under-representation of Scheduled Castes and
Schedules Tribes in public services is brought to the
notice of the Court, the State cannot be directed to
provide such reservations under writ of
Mandamus.
4. Supreme Court effectively held that State
Government is not bound to make reservations and
citizens cannot claim reservation in public services
under Article 16(4) and reservation in promotion
under Article 16(4A) as Fundamental Right
►PERSONS WITH DISABILITIES
ENTITLED TO SAME RESERVATION
AS GIVEN TO SC/ST
Supreme Court held that persons with disabilities are
also socially backward and are entitled to the same
benefits of relaxation as provided to Scheduled Caste
and Scheduled Tribe candidates in public employment
and education.
IMPORTANT HIGHLIGHT OF THE JUDEGMENT
• Decision taken by Delhi High Court in Anamol
Bhandari (Minor) through his father/Natural
Guardian v. Delhi Technological University must be
followed.
• Delhi High Court in Anamol Bhatia case held that
people suffering from disabilities are also socially
backward, and are therefore, at the very least are
entitled to the same benefits as given to the
Scheduled Caste/ Scheduled Tribe candidates.
• Regarding qualifying marks for admission, Supreme
Court held that since Scheduled Castes/Scheduled
Tribes candidates require 35 per cent to clear the
aptitude test, the same marks would be required by
the disabled candidates to clear the aptitude test.
• However, exemption from aptitude test for mentally
or intellectually challenged students was not allowed
by Supreme Court.
The reason to enact Disability Law in India
• The Disabilities Act, 2016 was enacted to give effect
to the United Nations Convention on the Rights of
Persons with Disabilities.
• The UN Convention on Disability was adopted by the
General Assembly in December 2006. India is a
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ISSUES RELATED TO RESERVATION
signatory to the said convention and ratified the UN
Convention on Disability in October 2007.
• Thus, it became mandatory for India to make our law
for disabled citizens compatible with UN Convention
and provide them with basic amenities to lead a
better life with dignity and respect.
HOW DOES THE UN CONVENTION EMPOWER
PERSONS WITH DISABILITIES?
• The United Nations Convention on the Rights of
Persons with Disabilities lays down the following
principles for empowerment of persons with
disability:
o respect for inherent dignity, individual autonomy
including the freedom to make one's own choices,
and independence of persons
o non-discrimination
o full and effective participation and inclusion in
society
o respect for difference and acceptance of persons
with disabilities as part of human diversity and
humanity
o equality of opportunity
o accessibility
o equality between men and women
o respect for the evolving capacities of children with
disabilities and respect for the right of children
with disabilities to preserve their identities.
WHO COMES UNDER THE DEFINITION OF DISABLE?
• Person with Disability means a person with long
term physical, mental, intellectual or sensory
impairment which, in interaction with barriers,
hinders his full and effective participation in society
equally with other.
• Person with Benchmark Disability means a person
with not less than forty per cent. of a specified
disability where specified disability has not been
defined in measurable terms and includes a person
with disability where specified disability has been
defined in measurable terms, as certified by the
certifying authority.
Per Cent of
Disability
Reservation
Blindness and Low Vision 1%
Deaf and Hard of Hearing 1%
Locomotor disability including 1%
cerebral palsy, leprosy cured,
dwarfism, acid attack victims and
muscular dystrophy
165

Autism, intellectual disability, specific 1%
learning disability and mental illness
+ multiple disabilities from amongst
persons mentioned above including
deaf-blindness in the posts identified
for each disability
POSITIVE ACTION BY THE GOVERNMENT FOR PEOPLE
WITH DISABILITY
• Rights of Person with Disabilities Act, 2016 - Under
this, persons with disabilities are provided
reservation of seats in government higher
educational institutions (not less than 5%) and
government jobs (not less than 4%).
• Accessible India Campaign.
• Deen Dayal Disabled Rehabilitation Scheme.
• Assistance to Disabled Persons for Purchase/fitting of
Aids and Appliances (ADIP).
• National Fellowship for Students with Disabilities
(RGMF).
• Schemes of the National Trust for the Welfare of
Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities.
RIGHTS GUARANTEED UNDER THE DISABILITIES ACT,
2016
• Prevent Discrimination - The government must
ensure that disabled citizens shall enjoy a life of
equality and without discrimination and shall have
equal opportunities in all spheres of public life.
• Liberty to Grow - No person shall be deprived of his
or her personal liberty only on the ground of
disability. Government shall take appropriate steps to
utilise the capacity of persons with disabilities by
providing appropriate environment.
• Rights of Women & Children - The government
including the local authorities shall take measures to
ensure that the women and children with disabilities
enjoy their rights equally with others. State must
ensure that children with disabilities gets suitable
environment to express their views and aspirations.
• Right to Community Living - The persons with
disabilities shall have the right to live in the
community and the government must ensure that
such persons be given access to a range of in-house,
residential and other community support services,
including personal assistance necessary to support
living with due regard to age and gender.
• Protection from violence & inhuman treatment -
The government shall take measures to protect
persons with disabilities from being subjected to
torture, cruel, inhuman or degrading treatment and
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ISSUES RELATED TO RESERVATION
also protect them from all forms of violence, abuse
and exploitation.
• Reproductive and Family Planning - The
government must ensure that persons with
disabilities have access to appropriate information
regarding reproductive and family planning. No
person with disability shall be subject to any medical
procedure which leads to infertility without his or her
free and informed consent.
• Securing Right to Vote - The Election Commission of
India and the State Election Commissions shall ensure
that all polling stations are accessible to persons with
disabilities and all materials related to the electoral
process are easily understandable by and accessible
to them so that they can enjoy their voting rights.
• Access to Justice - The Government shall ensure that
persons with disabilities have access to justice and
are able to exercise the right to access any court,
tribunal, authority, commission or any other body
having judicial or quasi-judicial or investigative
powers without discrimination on the basis of
disability.
• Having Equal Legal Rights - Government shall
ensure that the persons with disabilities have legal
right, equally with others, to own or inherit property,
movable or immovable, control their financial affairs
and have access to bank loans, mortgages and other
forms of financial credit.
• Inclusive Education - The appropriate Government
and the local authorities shall endeavour that all
educational institutions funded or recognised by
them provide inclusive education to the children with
disabilities and make the institution accessible for
such disabled students.
• Government must provide employment
opportunities - The appropriate Government shall
formulate schemes and programmes including
provision of loans at concessional rates to facilitate
and support employment of persons with disabilities
especially for their vocational training and self-
employment. The schemes shall provide for inclusion
of person with disability in all mainstream formal and
non-formal vocational and skill training schemes and
programmes.
• Reservation - The Government shall appoint in every
government establishment, not less than four per
cent of the total number of vacancies in the cadre
strength in each group of posts meant to be filled
with persons with benchmark disabilities.
166

►LOK SABHA EXTENDS
RESERVATION FOR SC/STS BUT
NOT FOR ANGLO-INDIANS
The Constitution (One Hundred and Fourth Amendment)
Act, 2019 has amended Article 334 of the Indian
Constitution to extend reservations for Scheduled Castes
(SCs) and Scheduled Tribes (STs). The amendment did
not extend the reservation for Anglo-Indians provided
under Article 334 and this led to demonstration against
this move by sections of Anglo-Indian community.
ARTICLE 334
• Article 334 provided for expiration (after 25th
January, 2020, if not extended further) of reservation
of seats and special representation for the
following:
(a) Reservation of seats for the Scheduled Castes and
the Scheduled Tribes in the House of the People
and in the Legislative Assemblies of the States.
(b) Representation of the Anglo-Indian community in
the House of the People and in the Legislative
Assemblies of the States by nomination.
EXTENSION OF RESERVATION
• Thus, to extend the reservation, the government
introduced The Constitution (One Hundred and
Twenty-Sixth Amendment) Bill, 2019 to extend the
date for reservation for another 10 years up to 25th
January, 2030.
th
• However, the extension of 10 years upto 25 January,
2030 for reservation under Article 334 has been
provided only to members of Scheduled Caste and
Scheduled Tribes and not to members of Anglo-
Indian Communities under Article 334 (b).
• Constitution (One Hundred and Fourth Amendment)
Act, 2019 accordingly has amended the marginal
heading of Article 334.
• The earlier marginal heading - Reservation of seats
and special representation to cease after seventy
years – shall be replaced by - “Reservation of seats
and special representation to cease after certain
period.
• The period of seventy years shall be replaced by
eighty years for Scheduled Caste and Scheduled
Tribes but shall remain seventy years only for Anglo-
Indians.
REASONS FOR EXTENDING RESERVATION FOR SC/STs
• The government believes that the reason for which
Constituent Assembly granted reservation for
Scheduled Castes and the Scheduled Tribes have yet
not ceased to exist despite their progress in the last
70 years.
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ISSUES RELATED TO RESERVATION
• Therefore, with a view to retain the inclusive character
as envisioned by the founding fathers of the
Constitution, the government wishes to continue the
reservation of seats for the Scheduled Castes and the
Scheduled Tribes for another ten years i.e. up to 25th
January, 2030 in the House of the People and in the
Legislative Assemblies of the States.
►HARYANA GIVING RESERVATION
IN PRIVATE JOBS
State Government of Haryana has prepared draft of the
Haryana State Employment of Local Candidates Ordinance,
2020. The ordinance aims to provide “75% of the new
employment to local candidates for jobs having salary of
less than Rs 50,000 per month in various privately
managed companies, societies, trusts, limited liability
partnership firms, partnership firms, etc., situated in the
state of Haryana. However, the employers will have the
option to recruit local candidates from one district to
only 10 percent. Exemption clause shall also be provided
if suitable local candidates are not available for a
particular category of industry.
CHALLENGE FOR EMPLOYERS
• It may not be viable for the private organisations as
they work on profit driven motive and accordingly
hire the best talent available in any salary bracket.
• Many corporates and MNCs are situated in Gurugram
and nearby areas adjacent to Delhi. In order to avoid
state wrath and ensure productivity and business, the
employers of the NCR Region and may either relocate
to nearby state of UP in the National Capital Region of
Delhi or shift the residence of their employees at least
on paper to either Delhi or UP.
LEGAL CHALLENGE
• The Ordinance of Haryana can be constitutionally
challenged to violate Article 19(1)(g) which states
that all citizens have right to practise any profession,
or to carry on any occupation, trade or business
• The Ordinance can be challenged to violate Article 14
of the constitution which ensures equality before the
law or the equal protection of the laws within the
territory of India.
• Earlier even Andhra Pradesh Government had
provided 75 per cent reservation to locals in
government and private jobs. The Andhra Pradesh
High Court directed the State government to inform if
the law on quota for locals was enacted as per the
Constitution.
• It was contented that the Reservation provided by
Andhra Government is violative of Article 16(2) and
Article 16(3) of the Constitution.
167
 ISSUES RELATED TO RESERVATION
• Article 16 - Equality of opportunity in matters of achieving various
public employment Sustainable
(1) There shall be equality of opportunity for all Development Goals
citizens in matters relating to employment or related to health,
appointment to any office under the State. nutrition, well being,
achieving zero hunger
(2) No citizen shall, on grounds only of religion, race,
etc.
caste, sex, descent, place of birth, residence or any
of them, be ineligible for, or discriminated against Creates stronger bonds Dissuade private sector
in respect of, any employment or office under the among citizens of states investment and harm
State. and this can help to economic interest of the
(3) Nothing in this article shall prevent Parliament reduce communalism in state in the longer run.
from making any law prescribing, in regard to a the society.
class or classes of employment or appointment to Increase spending in the Prevent flow of
an office under the Government of, or any local or
state. remittances into poorer
other authority within, a State or Union territory,
states of India and hence
any requirement as to residence within that State promote regional
or Union territory prior to such employment or inequality.
appointment.
It fulfills the mandate of The idea of sons of the
Providing Reservation to Locals – public and Article 16(2) and 16(3) soil will seep into
private sector respectively. regional politics and this
Benefits Disadvantage will impact the social
fabric of our society.
Enhanced economic It creates a sense of Article 16(2) - No citizen
shall, on grounds only of It will give rise to politics
opportunity to the local state pride and
religion, race, caste, sex, based on segregation.
population including the sentiments against
vulnerable section and migrants from other descent, place of birth, Such policies will also
the reserved categories. states. residence or any of them, impact economic growth
be ineligible for, or of the state as many
Migrants are viewed
discriminated against in outsiders will be forced
jealously and increases
respect of, any to leave state including
risk for the lives and
employment or office unskilled, semi-skilled
safety of migrants in
under the State. and skilled human
such polarized
resources.
atmosphere of
regionalism. Article 16(3) - Nothing in
Overall such a policy will this article shall prevent So, overall bad politics
increase social tension. Parliament from making will lead to poor
any law prescribing, in economic growth of the
Prevents unnecessary Against larger regard to a class or classes state.
migration to other constitutional goals it of employment or
states. hinders national appointment to an office
integration. under the Government of,
Improve socio-economic Against - Article 14, or any local or other
conditions of large 19(1)(e) & 19(1)(g) authority within, a State or
section of state’s Union territory, any
Against right to equality,
population. requirement as to
right to reside and settle
residence within that State
in any part of the
or Union territory prior to
With continuous source territory of India and
such employment or
of income, such families right to practise any
appointment.
can afford healthy and profession, or to carry on
nutritious diet. any occupation, trade or
business.

This will also help in

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168
Section-12
SSUES OF

OVERNANCE &

OCAL ODIES

►MAHARASHTRA GOVERNOR CHANGES MADE IN FOREST RIGHTS ACT BY

MAHARASHTRA GOVERNOR STRENGTHENS TRIBAL’S
AMENDS FOREST RIGHT ACT RIGHTS
GRANTING APPEAL AGAINST DLC
Maharashtra Governor has modified The Scheduled
Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006, allowing rightful
claimants of forest rights to appeal against decisions of
the District Level Committee (DLC) by amending Section
6 of the Act. This amendment has been proposed under
sub-paragraph (1) of paragraph 5 of the Fifth Schedule
to the Constitution of India. • The notification also applies to areas covered under
the Panchayats (Extension to Scheduled Areas)

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169

Act (PESA) in the State of Maharashtra and allows
appeal provision against the DLC’s decision.
• Divisional Level Committee shall be headed by
Divisional Commissioner.
• For Orders passed by DLC prior to amendment
th
(18 May, 2020), appeal shall be made within 6
months from the date of issue of notification.
• For Orders passed by DLC after commencement of
amendment, application of appeal may be preferred
within a period of 90 days from the date DLC passes
its orders.
• The decision of the Divisional Level Committee,
subject to the directions and orders of the State
Monitoring Committee shall be final.
• Appeal Mechanism strengthens Tribal’s Right to
appeal against DLC under FRA, 2006 in Maharashtra.
POWER OF GOVERNOR UNDER FIFTH SCHEDULE OF
THE INDIAN CONSTITUTION
• Para 5 of Schedule V - Governor by public
notification can direct the following:
ο Any particular Act of Parliament or of State
Legislature shall not apply to a Scheduled Area or
any part of Scheduled Area in the State; or
ο Any particular Act of Parliament or of State
Legislature shall apply to a Scheduled Area or any
part of Scheduled Area in the State and the
Governor can specify any modification or
exception regarding implementation of any law
made by Parliament or State Legislature.
ο Governor is empowered to issue notification giving
it retrospective effect.
• The Fifth Schedule finds reference in Article 244 of
the Constitution which deals with Administration of
Scheduled Areas and Tribal Areas.
• Para 5 of Schedule V aims to establish and
egalitarian society and to ensure socio-economic
empowerment of Scheduled Tribes.
• Issue of vesting individual or community forest
rights or both to forest dwelling Scheduled Tribes
and other traditional forest dwellers shall be
initiated by Gram Sabha.
• Gram Sabha shall pass such resolution to the Sub-
Divisional Level Committee constituted by State
Government.
RAU’S IAS FOCUS SPECIAL EDITIONS | MAINS COMPASS (C3CURATION) for CSE 2020
ISSUES OF GOVERNANCE & LOCAL BODIES
►THE SCHEDULED TRIBES AND
OTHER TRADITIONAL FOREST
DWELLERS (RECOGNITION OF
FOREST RIGHTS) ACT OF 2006
• FRA 2006 recognises and vests the forest rights and
occupation in forest land to such Scheduled Tribes
living in forest area and other traditional forest
dwellers who have been residing for generations but
whose rights could not be recorded.
• FRA grants legal recognition to the rights of traditional
forest dwelling communities and makes a beginning
towards giving communities and the public a voice in
forest and wildlife conservation.
• FRA ensures sustainable use, conservation of
biodiversity and maintenance of ecological balance
and livelihood and food security of the forest dwelling
Scheduled Tribes and other traditional forest
dwellers.
RIGHTS GRANTED UNDER FRA, 2006
• Title rights – i.e. ownership to land that is being
farmed by tribals or forest dwellers subject to a
maximum of 4 hectares; ownership is only for land
that is actually being cultivated by the concerned
family, meaning that no new lands are granted.
• Use rights – to minor forest produce (also including
ownership), to grazing areas, to pastoralist routes, etc.
• Relief and development rights – to rehabilitation in
case of illegal eviction or forced displacement; and to
basic amenities, subject to restrictions for forest
protection.
• Forest management rights – to protect forests and
wildlife.
SECTION 6 OF FRA - AUTHORITIES TO VEST FOREST
RIGHTS IN FOREST DWELLING SCHEDULED TRIBES
AND OTHER TRADITIONAL FOREST DWELLERS
• The Sub-Divisional Level Committee shall examine
the resolution passed by the Gram Sabha and
prepare the record of forest rights and forward it
through the Sub-Divisional Officer to the District
Level Committee for their decision.
• So, the Act also provides for a Procedure for
Appeal –
170

ο Any person aggrieved by the resolution of the
Gram Sabha may prefer a petition to the Sub-
Divisional Level Committee.
ο Any person aggrieved by the decision of the Sub-
Divisional Level Committee may prefer a petition
to the District Level Committee within 60 days
from the date of decision of the Sub-Divisional
Level Committee
• District Level Committee considers and finally
approves the record of forest rights prepared by the
Sub-Divisional Level Committee. Section 6(6) of FRA
says that the decision of the District Level Committee
on the record of forest rights shall be final and
binding.
• Note* - The above aspect has been amended by the
Maharashtra Governor. So, the Governor of
Maharashtra by using his power under sub-
paragraph (1) of paragraph 5 of the Fifth Schedule to
the Constitution of India has proposed to add sub
section 6A to Section 6 of FRA, 2006.
►THE PANCHAYATS (EXTENSION
TO SCHEDULED AREAS) ACT, 1996
(PESA)
• Article 243M of the Constitution, while exempting the
Fifth Schedule areas from Part IX of the Constitution
(Panchayats), provides that Parliament may by law
extend its provisions to the Scheduled and Tribal
Areas subject to such exceptions and modifications as
may be specified in such law and no such law shall be
deemed to be an amendment to the Constitution.
• On the basis of the report of the Bhuria Committee
submitted in 1995, the Parliament enacted The
Panchayats (Extension to Scheduled Areas) Act, 1996
(PESA) to extend Part IX of the Constitution with
certain modifications and exceptions to the
Scheduled V areas.
• At present Scheduled V areas exist in 10 States viz.
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra,
Odisha, Rajasthan and Telangana. The Ministry of
Panchayati Raj is the nodal Ministry for
implementation of the provisions of PESA in the
States.
• Election to PRI - All posts of Chairpersons of
Panchayati Raj Institutions (PRIs) in the areas covered
under PESA are reserved for tribal community and
only persons belonging to tribal community can
contest for these posts.
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ISSUES OF GOVERNANCE & LOCAL BODIES
FOLLOWING THREE TYPES OF POWERS HAVE BEEN
GIVEN TO A GRAM SABHA UNDER PESA:
1. Developmental: consultation before land acquisition,
prevent land alienation, power to enforce prohibition,
prior approval of all developmental projects and
control over tribal sub-plan, power to issue utilization
certificate for developmental expenditure, selection
of beneficiaries of poverty alleviation and other
schemes of individual benefits, control over
institutions and functionaries of social sectors.
2. Dispute resolution as per traditional laws and
customs: collective resolution of disputes on the
basis of customs, traditional laws and religious beliefs
of tribal areas.
3. Ownership and management of natural resources:
maintaining ownership of local tribal community over
water resources, common lands, minor forest
produce, minor minerals, etc. as well as effective
implementation and monitoring of related laws.
OTHER IMPORTANT POWERS GIVEN TO GRAM
SABHA/PRIS UNDER PESA ACT:
1. Safeguard and preserve the traditions and customs
of the people, their cultural identity, community
resources and the customary mode of dispute
resolution.
2. Approve plans, programmes and projects for social
and economic development before such plans,
programmes and projects are taken up for
implementation by the Panchayat at the village level.
3. Identification or selection of beneficiaries under the
poverty alleviation and other programmes.
4. Certification of utilisation of funds by the Panchayat
for the plans, programmes and projects.
5. Right to be consulted before acquisition of land in
the Scheduled Areas for development projects and
before re-settling or rehabilitating persons affected
by such projects in the Scheduled Areas.
6. Right to plan and manage minor water bodies in the
Scheduled Areas.
7. Prior Recommendations to grant prospecting licence
for mining minor minerals including auction of minor
minerals in the Scheduled Areas.
8. Enforce prohibition or Regulate or Restrict the sale
and consumption of any intoxicant.
9. Grant ownership of minor forest produce.
10. Prevent alienation of land in the Scheduled Areas
and restore any unlawfully alienated land of a
Scheduled Tribe.
11. Manage village markets.
171

12. Exercise control over money lending to the
Scheduled Tribes, institutions and functionaries in all
social sectors and plans for sub-tribes.
IMPORTANCE/BENEFIT OF PESA
• Effective implementation of PESA will bring
development & deepen democracy in Fifth Schedule
Areas.
• Enhance people’s participation in decision making.
• Better control over the utilisation of public resources
for tribals and forest dwellers.
• Reduce alienation of land in tribal areas.
• Reduce poverty and out-migration among tribal
population as they will have control and management
of natural resources which will help in improving their
livelihoods and incomes.
• Minimise exploitation of tribal population as they will
be able to control and manage money lending,
consumption & sale of liquor and also sell their
produce in village markets.
• Promote cultural heritage through preservation of
traditions, customs and cultural identity of tribal
population.
VIRGINIUS XAXA COMMITTEE’S RECOMMENDATIONS
FOR EFFECTIVE IMPLEMENTATION OF PESA ACT
• Promote small sized water-harvesting structures
instead for large dams.
• Impose penalties on officials, if delayed
implementation of Forest Rights Act or PESA.
• Prevent all kinds of tribal land alienation by making
Gram Sabha’s consent compulsory for any type of
land acquisition, even if the government wants land
for its own use.
• Earlier Vijay Kelkal Committee suggested that unused
Government land should be sold off/leased off to get
more money and reduce fiscal deficit. Xaxa
Committee asked Government to use such land for
tribal-resettlement.
• After mines are exhausted, return the land back to
original owner.
• In Scheduled Areas, permit only tribals to exploit
mineral resources. Policy makers should learn lessons
from Niyamagiri episode.
• Appoint a judicial commission to investigate such
“naxal cases” registered against tribals and their (non-
tribal) supporters.
• Avoid making SalwaJudum like policies to combat left
wing extremism.
►MINOR FOREST PRODUCE
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ISSUES OF GOVERNANCE & LOCAL BODIES
• Minor Forest Produce (MFP) is an important source of
livelihood and provides both subsistence and cash
income for tribals and forest dwellers and has
significant economic and social value.
• Most forest dwellers depend on minor forest
produces for food, shelter, medicines and cash
income. It is important for them for food, shelter
medicines and case income beside providing critical
subsistence during the lean seasons, particularly for
primitive tribal groups such as hunter gatherers, and
the landless.
MFP UNDER FRA, 2006
• MFP is defined under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006.
• Minor forest produce includes all non-timber forest
produce of plant origin including bamboo, brush wood,
stumps, cane, tussar, cocoons, honey, wax, lac, tendu or
kendu leaves, medicinal plants and herbs, roots, tubers
and the like.
• The Act allows traditional forest dwellers and forest
dwelling Scheduled Tribes right of ownership, access
to collect, use, and dispose of minor forest produce
which has been traditionally collected within or
outside village boundaries.
• The Tribal Cooperative Marketing Development
Federation of India (TRIFED) helps in selling the minor
forest produce of traditional forest dwellers and STs
living nearby forest land.
THE TRIBAL COOPERATIVE MARKETING
DEVELOPMENT FEDERATION OF INDIA (TRIFED)
• TRIFED came into existence in 1987 and is a national-
level apex organization functioning under the
administrative control of Ministry of Tribal Affairs.
• The objective of TRIFED is socio-economic
development of tribal people in the country by way
of marketing development of the tribal products.
• The activity of TRIFED is divided into two categories –
• Minor Forest Produce Development &
1. Retail Marketing Development
• The approach of marketing development of tribal
products envisages TRIFED’s role as a facilitator and
service provider.
• TRIFED empowers tribal people with knowledge,
tools and pool of information so that they can
undertake their operations in a more systematic and
scientific manner.
• TRIFED involves capacity building of the tribal
people through sensitization, formation of Self Help
Groups (SHGs) and imparting training to them for
172

undertaking a particular activity, exploring marketing
possibilities in national as well as international
markets, creating opportunities for marketing tribal
products on a sustainable basis, creating a brand and
providing other services.
TECH FOR TRIBALS – AN INITIATIVE OF TRIFED
• TRIFED has recently launched “Tech for Tribals”
program to develop Tribal entrepreneurship and
capacity building for tribal forest produce gatherers
enrolled under the Pradhan Mantri Van Dhan Yojana
(PMVDY).
• Tech for Tribals has been launched in partnership
with Institutes of National Importance (INIs).
• The trainees will undergo a 30 days program over six
weeks comprising 120 sessions.
• Tech for Tribals is an initiative of TRIFED supported
by Ministry of Micro Small and Medium Enterprises.
PRADHAN MANTRI VAN DHAN YOJANA
• Pradhan Mantri Van Dhan Yojana (PMVDY) is a
Market Linked Tribal Entrepreneurship Development
Program for forming clusters of tribal SHGs and
strengthening them into Tribal Producer Companies.
• PMVDY is an initiative targeting livelihood generation
for tribals by harnessing the wealth of forest i.e. Van
Dhan.
• The programme aims to tap into traditional
knowledge & skill sets of tribals by adding
technology & IT to upgrade it at each stage and to
convert the tribal wisdom into a viable economic
activity.
• The idea is to set-up tribal community owned Minor
Forest Produce (MFP)-centric Multi-purpose Van Dhan
Vikas Kendras (the Kendra) in predominantly tribal
districts.
►GOVERNMENT FUNDED NGOS
UNDER RTI
The Supreme Court has held that NGOs “substantially”
financed by the government fall within the preview of
Right to Information Act, 2005. The court defined
“substantial” as a “large portion” of amount. Traditionally
an NGO play an important role in the society as an
implementing organisation, a catalyst and also as a
partner which mobilizes the local resources for
development.
IMPORTANT ROLE PLAYED BY NGOS AND CIVIL
SOCIETY ORGANISATIONS IN DEVELOPMENT PROCESS
• Key Drivers of inter-governmental negotiations –
ranges from regulation of hazardous wastes to a
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ISSUES OF GOVERNANCE & LOCAL BODIES
global ban on land mines and the elimination of
slavery.
• Presence of NGOs fills Governance Gaps – and also
pushes the government to take up important reforms
and legislation in various sectors of the society.
• Helps in Capacity Building by providing important
Services - in diverse fields such as health, education,
environment awareness, social inclusion, skill
enhancement etc. and also helps in filling the
development deficit.
• Helps to alleviation of Poverty & Hunger - NGOs
address basic but neglected issues of the poor by
involving them in evolving their own solutions with
dignity and urban material as reward.
• Examples where NGOs have helped deprived
Sections - Supreme Court granted homosexuals their
right to chose consensual sex partners was initiated
by an NGO, Naaz Foundation. In NALSA v Union of
India SC declared transgender as third gender of the
society was also taken up by an NGO.
• Supplements electoral democracy - They keep
governments up to date with public opinion between
elections and give voice to sections of society who
might otherwise be unheard or overlooked.
• Ensures Community Participation- in policy or
decision-making of the government. For example,
during the budget preparation finance ministry
organizes the meetings with pressure groups of
several areas of economy.
• Provide Awareness by Raising Important National,
Regional or Local Issues – This ensures participatory
democracy by enlightened citizens.
• Benefits of competition productive for citizens &
government - Pressure groups constantly compete
against each other which in turn motivate them to
perform better in their respective fields for
development and benefit of the society.
• Empowers Vulnerable Sections by providing them a
platform to raise voice highlighting the concerns of
prostitutes, LGBT, HIV victims, victims of custodial
torture etc and also fight for their rights.
CRITICISM OF NGOs
• Unnecessary PIL filed in Courts without sufficient
evidence. This has led to an increase of PIL culture in
the High Courts & Supreme Court.
• Promote Vested Interests of groups whom they
wish to support.
• Some NGOs involved in misuse of foreign funding
received under FCRA.
173

• Create additional pressure on the government by
providing misleading arguments.
• Cannot be said to be truly democratic as they
represent very small section of the society including
those who fund their functioning.
►HOME MINISTRY AMENDS FCRA
2011 RULES
The Ministry of Home Affairs (MHA) has relaxed norms
for farmer, student, religious and other groups who are
not directly aligned to any political party to receive
foreign funds if the groups are not involved in “active
politics”. MHA has amended FCRA 2011 Rules based on
recent Supreme Court Judgment.
GROUNDS TO CATEGORISE AN ORGANISATION OF
POLITICAL NATURE
Under Rule 3 of Foreign Contribution (Regulation)
Rules, 2011, Central Government can specify any
organisation as organisation of political nature on one or
more of the following grounds –
(i) Organisation having political objectives in its
Memorandum of Association or its bye-laws.
(ii) Any Trade Union whose objectives include activities
for promoting political goals
(iii) Any voluntary action group with objectives of a
political nature or which participates in political
activities.
(iv) Front or mass organisations like Students Unions,
Workers’ Unions, Youth Forums and Women’s wing
of a political party.
(v) Organisation of farmers, workers, students, youth
based on caste, community, religion, language etc.
which is not directly aligned to any political party,
but whose objectives or activities include steps
towards advancement of political interests of such
groups.
(vi) An organisation which habitually engages itself in
or employs common methods of political action
like ‘bandh’ or ‘hartal’, ‘rasta roko’, ‘rail roko’ or ‘jail
bharo’ in support of public causes.
AMENDMENT MADE BY MHA
• Organisations of farmers, workers, students, youths
based on caste, community, religion, language or
others will only be considered as a political group if
they participate in “active politics or party politics”.
• Post Amendment by MHA, such groups or
organisation can receive foreign funds if not involved
in active politics or party politics.
SUMMARY OF THE SC JUDGMENT
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ISSUES OF GOVERNANCE & LOCAL BODIES
Supreme Court had held that Central government
cannot brand an organisation as ‘political’ to deprive it
from receiving foreign funds under Foreign Contribution
(Regulation) Act, 2010 for legitimate forms of dissent to
aid a public cause. (unless proved that such activities are
part of active politics or to aid political cause).
• Organisation supporting agitation without
political cause cannot be penalised - Any
organisation which supports the cause of a group of
citizens agitating for their rights without a political
goal or objective cannot be penalized by being
declared as an organisation of a political nature.
• Organisations supporting bandhs need not be for
political cause - Organizations that support public
causes by resorting to legitimate means for dissent
such as organizing bandhs, hartals, strikes etc. shall
not come within the ambit of the ban in terms of the
FCRA.
• Need for Balance between objectives of FCRA &
Rights of Organisation - A balance has to be drawn
between the object that is sought to be achieved by
the legislation and the rights of the voluntary
organisations to have access to foreign funds.
• Ensure values of a sovereign democratic republic
are protected - The purpose for which the law
prevents organisations of a political nature from
receiving foreign funds is to ensure that the
administration is not influenced by foreign funds.
Prohibition from receiving foreign aid, either directly
or indirectly, by those who are involved in active
politics is to ensure that the values of a sovereign
democratic republic are protected.
• Organisation having no connection with active
politics can use foreign aid - Such voluntary
organisations which have absolutely no connection
with either party politics or active politics cannot be
denied access to foreign contributions.
• Organisation channelling foreign funds for
political parties - Court held that those organisations
which channel foreign funds for political parties are
strictly prohibited to receive foreign funds under
FCRA.
►VILLAGE SECRETARIAT IN
ANDHRA PRADESH
State Government of Andhra Pradesh has appointed
over 1.26 lakh employees based on merit based
examination under a new governance initiative of
Village and Ward Secretariat. The idea of Village
Secretariat is loosely based on the Gandhiji’s idea of
174

Gram Swaraj. Mahatma Gandhi wanted each village to
be self-reliant, making provision for all necessities of life
- food, clothing, clean water, sanitation, housing,
education and so on, including government and self-
defence, and all socially useful amenities required by a
community.
KEY TAKEAWAYS OF NEW DECISION
1. Assures delivery of services at doorsteps thereby
addressing the problem of last mile delivery.
2. It reduces the need for beneficiaries to go to
government offices for enquiry or collecting
entitlements. This will reduce corruption and
improve accountability in the system.
3. It strengthens the functioning of Panchayati Raj
Institutions and democracy.
4. Provides employment opportunities to lakhs of
deserving candidate at local level.
5. It will also reduce migration to cities and effectively
increase demand in the economy.
►SOCIAL AUDIT
The Department of Rural Development has decided to
institutionalize the social audits in major schemes of
Rural Development, starting with National Social
Assistance Programme and Pradhan Mantri Awas
Yojana-Gramin. Social audit is a process of reviewing
official records and determining whether state reported
expenditures reflect the actual monies spent on the
ground.
WHAT IS SOCIAL AUDIT?
• Social audit is a process in which, details of the
resource, both financial and non-financial, used by
public agencies for development initiatives are shared
with the community, often through a public platform.
• Review of official records also helps to determine the
gap in state reported expenditure and accrual money
spent on ground. This overall helps to enforce
accountability and transparency and enable public
to scrutinise development initiatives especially at
local level in Panchayats and Municipalities.
INSTITUTIONALISING SOCIAL AUDIT IN GOVT.
SCHEMES
• National level - Mahatma Gandhi National Rural
Employment Guarantee Act (MGNREGA) was the first
Act to mandate Social Audits by the Gram Sabha of all
the projects taken up in the Gram Panchayat.
• State level - Few States have taken up social audit –
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ISSUES OF GOVERNANCE & LOCAL BODIES
• Pradhan Mantri Aawas Yojana-Gramin (PMAY-G)
audits are done in Uttar Pradesh, Meghalaya and
West Bengal.
ο National Social Assistance Programme (NSAP)
audits are done in Andhra Pradesh and West
Bengal.
• Meghalaya Legislature has enacted ‘The Meghalaya
Community Participation and Public Services Social
Audit Act, 2017’ which mandates social audit in 26
different schemes in Education, Health, Rural
Development and other areas.
NEED & BENEFIT OF SOCIAL AUDIT
The main reason for the push for social audit is the huge
disconnect between what people want and what people
get. As soon as social audit kicks in, it exercises its
control over the policy developers and implementers in
the following manner:
• A check on corruption: SA’s uncovers irregularities
and malpractices in the public sector and maintains
oversight on government functioning, thus reducing
leakages and corruption.
• Timely Monitoring, feedback and Course-
correction measures on performance at local
level.
• Accountability and transparency: SA ensures
accountability and transparency in working of local
government bodies and reduces trust gap between
people and local governments.
• Participative and democratic process: SA promotes
participation of people in implementation of
programmes and makes people more forthcoming
for social development activities.
• Strengthens functioning of Gram Sabha: SA gives
voice and influencing power to the Gram Sabha, the
lynchpin of rural governance structure.
• Generates demand for rural economy by
highlighting governance gaps: Serves as the basis
for framing the management’s policies by raising
demands in a socially responsible and accountable
manner by highlighting the real problems.
• Strengthens Disadvantaged and Vulnerable
Groups and helps in facilitating Good Governance.
• Encourages grass-root democracy by enhancing
local participation.
• Improves and institutionalises professionalism: SA
boosts professionalism in public bodies by forcing
Panchayats to keep proper records and accounts of
the spending made against the grants received from
the government and other sources.
• Collective platform for Social Cohesion: SA
provides a collective platform such as a social audit
175

Gram Sabha, for people to express their common
needs, resulting into social cohesion.
CHALLENGES OF SOCIAL AUDIT
• Lack of Infrastructure at ground level to address
grievances made by public during scrutiny.
• Lack of administrative and political will in
institutionalising social audit mechanisms.
• Lack of stringent penal action against those creating
hurdles in the process.
• Lack of educated and well informed citizenry to
undertake regular audits.
• Lack of technical and managerial capacity such as
book-keeping, accounting.
• Unwillingness of public officials at ground level to
share the reality of developmental process.
• Lack of uniform process of social audit across states
due to language and cultural barriers.
• No Benchmarking of Social Audit Mechanism for
comparison purpose across districts.
• Difficult to gauge social impact assessment of
government programmes without any uniform or
fixed criteria.
• For state officials, it is a time consuming exercise –
hence need for special officers at village level only for
the purpose of Social Audit.
►ISSUES IN DECENTRALIZATION –
LOCAL GOVERNMENT
The spirit behind decentralization of local governance as
rd th
envisaged in the 73 and 74 Amendment is reflected in
Article 243B, 243Q & 243Z-I (Panchayats, Municipalities
th th
and Co-operatives) whereas 11 and 12 Schedule lists
out the areas of governance at local level for economic
development and social justice. However,
decentralisation is mostly done by state governments by
delegating power at ground level to officials. This defeats
the constitutional objective of establishing local level
institutions. Let us understand about constraints in
devolution of functions, funds and functionaries at
lower level.
UNDERSTANDING DECENTRALISATION, DEVOLUTION
AND DELEGATION OF POWER
DECENTRALISATION
• Constitutional transfer of responsibility for the
planning, financing and management
of certain public functions from the central
government and its agencies to field units of
government agencies, subordinate units or local
levels of government.
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ISSUES OF GOVERNANCE & LOCAL BODIES
• There is redistribution of authority, responsibility
and financial resources for providing public
services among lower levels of government.
DEVOLUTION
• It is a type of administrative decentralisation.
• When governments devolve functions, they transfer
authority for decision-making, finance, and
management to quasi-autonomous units of local
government with corporate status.
• Devolution usually transfers responsibilities for
services to municipalities that elect their own mayors
and councils, raise their own revenues, and have
independent authority to make investment decisions.
• In a devolved system, local governments have clear
and legally recognized geographical boundaries over
which they exercise authority and within which they
perform public functions.
DELEGATION
• It is the process of giving permission or
authorization by the head of a department to the
subordinates to do work or to make decisions.
• As per law, even administrative agencies can delegate
their functions to subordinate offices.
• However, an administrative agency cannot delegate
those powers or functions which they themselves are
not authorised to perform. Or, Sub-delegation is not
allowed.
KEY CONSTRAINTS IN THE OVERALL WORKING OF
LOCAL BODIES
 FUNCTIONING
• Permissive functional domain of Panchayats and
Municipalities due to overlap of jurisdiction in
development aspects by state government. Only
minor civic functions exclusively assigned to local
government.
• Effective devolution of functions as envisaged in the
Constitution has not taken place because resources
and staff also remain under the control of the State
Government.
• In order to make devolution functional, the matters
listed in the Eleventh Schedule of the Constitution
needs to be clearly bifurcated from state
government’s jurisdiction.
 FUNDS
• In general, Panchayats in our country receive funds in
the following ways:
ο Grants from the Union Government based on the
recommendations of the Central Finance
Commission as per Article 280 of the Constitution.
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 ISSUES OF GOVERNANCE & LOCAL BODIES
ο Devolution from the State Government based on OTHER CONSTRAINTS
the recommendations of the State Finance • Staff Shortage at ground level
Commission as per Article 243 I.
• Postponement of local elections
ο Loans/grants from the State Government.
• Centralisation of Schemes as local bodies are involved
ο Programme-specific allocation under Centrally in implementing central scheme
Sponsored Schemes and Additional Central
• Corruption
Assistance.
CORE PRINCIPLES OF DECENTRALIZATION
ο Internal Resource Generation (tax and non-tax).
RECOMMENDED BY 2ND ARC
THE REASON FOR POOR FINANCIAL POSITION OF
• Application of the principle of subsidiarity in the
LOCAL BODIES CAN BE INFERRED FROM BELOW
context of decentralisation;
POINTS
• Clear delineation of functions of local governments
• Internal resource generation at the Panchayat level
vis-à-vis State Governments and among different tiers
is weak partly due to a thin tax domain and partly
of local governments;
due to Panchayats’ own reluctance in collecting
revenue. • Effective devolution of these functions and resources
accompanied by capacity building and accountability;
• Constraints in the structure adopted by states to
transfer money to the local bodies. • Integrated view of local services and development
through convergence of programmes and agencies
• Amount of money set aside for such transfers are too
and above all, ‘citizen-centricity’.
less to meet the basic functions of local bodies.
RECOMMENDATIONS OF 2ND ARC ON IMPROVING
• Money provided for expenditure at local level are
URBAN GOVERNANCE
tied with several conditions which makes the money
inflexible for use. • Local Bodies must have stake in law making in state
assembly. Legislative Council can be recast as Council
• Panchayats are heavily dependent on grants from
for Local Bodies.
Union and State Governments. A major portion of the
grants both from Union as well as the State • The tiers of local government should be left for the
Governments is scheme specific. State Legislature to decide.

• Panchayats have limited discretion and flexibility in • Members of Parliament and State Legislatures should
incurring expenditure. not become members of local bodies. This would
endow the local bodies with decision-making
• Considering tight fiscal position of state themselves,
capabilities.
they are not keen to devolve funds to local bodies.
• Chairpersons or the members at all level should be
 ISSUES WITH FUNCTIONARIES
directly elected.
• Under various State Panchayati Raj Acts, the
• There must be a single directly elected District Council
respective State Government or their nominated
which will function as a true local government for the
functionaries command considerable power with
entire district. This will make District Planning
regard to review and revision of actions taken by PRIs.
Committee Redundant.
They control the functioning of Local Bodies by -
• Delimitation Commission must be constituted for
Ο Suspending a resolution of the Panchayat
urban local bodies.
Ο Making Inquiry into the affairs of the Panchayat
• There should be clear delineation of functions for
Ο Removing elected Panchayat representatives under each level of local government in the case of each
certain specified conditions, subject matter law.
Ο Inspecting and issuing directives at will • Training of elected representatives and personnel
Ο Provision for withdrawal of powers and functions should be regarded as a continuing activity.
from the Panchayat
Ο Provision regarding approval of the budget of a ►PRAGATI
Panchayat by the higher tier or a State authority,
Prime Minister chaired the 31st interaction through
etc.
PRAGATI — the ICT based multi-modal platform for Pro-
• These provisions in varied from across states hinder Active Governance and Timely Implementation. PRAGATI
the autonomy at all level of local governments and monitors and reviews important programmes and
restrict their functioning as an institution of self-
government.

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 ISSUES OF GOVERNANCE & LOCAL BODIES
projects of Union Government as well as projects Parliamentary Affairs
flagged by State Governments. 5. Cabinet Committee on Prime Minister
KEY FEATURES Political Affairs
• It is a three-tier system (PMO, Union Government 6. Cabinet Committee on Prime Minister
Secretaries, and Chief Secretaries of the States) Security

• Prime Minister will hold a monthly programme where
he will interact with the Government of India
Secretaries, and Chief Secretaries through Video-
conferencing enabled by data and geo-informatics
visuals; The programme will be held once in every
month on Fourth Wednesday at 3.30 PM-to be known
as PRAGATI Day.
• Issues to be flagged before the PM are picked up
from the available database regarding Public
Grievances, on-going Programmes and pending
Projects.
• The system will ride on, strengthen and re-engineer
the data bases of the CPGRAMS for grievances,
Project Monitoring Group (PMG) and the Ministry of
Statistics and Programme Implementation. PRAGATI
provides an interface and platform for all these three
aspects.
ADVANTAGE OF PRAGATI
• PRAGATI platform uniquely bundles three latest
technologies: Digital data management, video-
conferencing and geo-spatial technology.
• It also offers a unique combination in the direction of
cooperative federalism since it brings on one stage
the Secretaries of Government of India and the Chief
Secretaries of the States.
• With this, the Prime Minister is able to discuss the
issues with the concerned Central and State officials
with full information and latest visuals of the ground
7. Committee on Investment & Prime Minister
Growth
8. Committee for Employment Prime Minister
and Skill Development
FORMATION OF CABINET COMMITTEES
• Article 77 of the Indian Constitution mentions about
Conduct of business of the Government of India.
• Article 77(3) - President shall make rules for the
more convenient transaction of the business of
the Government of India, and for the allocation of
business among Ministers.
• So based on Article 77(3), Government of India
(Transaction of Business) Rules, 1961 has been
legislated.
• The rules provide for the constitution of Committees
of the Cabinet and highlights that these committees
shall be Standing Committees.
• Allocation of Ministers to each committee shall be
decided by the Prime Minister.
• Secretarial assistance for the work of cabinet
committees is provided by Cabinet Secretariat.
• The secretarial assistance, provided by Cabinet
Secretariat to the Cabinet and Cabinet committees,
includes
ο convening of the meetings of cabinet committees
on the orders of PM,
ο preparation and circulation of agenda of the

level situation. meeting, records of discussions and

ο monitoring implementation of decisions taken by
the Cabinet Committees.
►RE-CONSTITUTING CABINET
FUNCTIONS OF IMPORTANT CABINET COMMITTEES
COMMITTEES
• Cabinet Committee on Political Affairs deals with
PM in 2019 after coming into power Re-constituted the problems relating to Centre-State relations, considers
Cabinet Committees - Includes 2 New Cabinet economic and political issues that have to be judged
Committees namely Committee on Investment and with a wider perspective and deals with policy matters
Growth and Committee for Employment & Skill concerning foreign affairs that do not have external
Development. or internal security implications.

Sr. Name of the Cabinet Headed by • The Cabinet Committee on Parliamentary Affairs
No. Committee draws the schedule for Parliament sessions and
1. Appointments Committee Prime Minister monitors the progress of government business in
Parliament. It scrutinises non-government business
2. Cabinet Committee on Home Minister
and decides which official Bills and resolutions are to
Accommodation
be presented.
3. Cabinet Committee on Prime Minister
Economic Affairs • The Cabinet Committee on Economic Affairs is
supposed to review economic trends, problems and
4. Cabinet Committee on Home Minister

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178

prospects “for evolving a consistent and integrated
economic policy”, coordinate all activities requiring
policy decisions at the highest level, deal with fixation
of prices of agricultural produce and prices of
essential commodities. It deals with industrial
licensing policies and review rural development and
the Public Distribution System.
• The Cabinet Committee on Security deals with
issues relating to law and order, internal security and
policy matters concerning foreign affairs with internal
or external security implications. It also goes into
economic and political issues related to national
security. It considers all cases involving capital
defence expenditure more than Rs 1,000 crore. It
considers issues related to the Department of
Defence Production and the Department of Defence
Research and Development, Services Capital
Acquisition plans and schemes for procurement of
security-related equipment.
• Committee on Investment & Growth will be a
focussed group to take measures to bring
investments and spur growth in the critical sectors
including infrastructure, manufacturing and
agriculture. The committee will prepare a road map to
bring the economy back on the growth trajectory
considering economic slowdown and will also
consider improving job prospective based on
unemployment highlighted by NSSO survey.
• Committee for Employment and Skill
Development will look into issues of MSME sector
and will try to provide easy access to credit under
Credit Guarantee Scheme.
►CABINET SECRETARIAT & ITS
FUNCTIONS
The Cabinet Secretariat functions directly under the
Prime Minister. The administrative head of the
Secretariat is the Cabinet Secretary who is also the ex-
officio Chairman of the Civil Services Board. The
business allocated to Cabinet Secretariat under
Government of India (Allocation of Business) Rules, 1961
includes (i) Secretarial assistance to the Cabinet and
Cabinet Committees; and (ii) Rules of Business.
RESPONSIBILITIES OF CABINET SECRETARIAT
• Administration of the Government of India
(Transaction of Business) Rules, 1961 and
Government of India (Allocation of Business)
Rules, 1961.
• Facilitating smooth transaction of business in
Ministries/ Departments.
• Provides Secretariat assists in decision-making in
Government by ensuring
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ISSUES OF GOVERNANCE & LOCAL BODIES
ο Inter-Ministerial coordination for removing
difficulties and delays
ο ironing out differences amongst
Ministries/Departments and
ο Evolving consensus among various Committees.
ο Co-ordination in administrtative actions and
policies
• Participates in managing major crisis situations
and coordinates with ministries/departments to
solve the crisis.
PROVIDES SECRETARIAL ASSISTANCE TO THE CABINET
AND CABINET COMMITTEES IN THE FORM OF
• Convening of the meetings of the Cabinet & its
Committees on the orders of the Prime Minister.
• Preparation and circulation of the agenda.
• Circulation of papers related to the cases on the
agenda.
• Preparation of record of discussions.
• Circulation of the record of discussions after
obtaining the approval of the Prime Minister.
• Monitoring implementation of decisions taken by
the Cabinet and its Committees.
►FUNCTIONS OF PRIME
MINISTER'S OFFICE (PMO)
The Prime Minister's Office came into existence after
India became independent. The Prime Minister's
Secretariat, as it was then known, provided the
Secretarial assistance needed by the Prime Minister in
his public activities and functions as the head of the
government. The Prime Minister's Office is headed
politically by Prime Minister and administratively by the
Principal Secretary. The Prime Minister's Office performs
several functions:
• Assists PM in his overall responsibilities as head of the
government like maintaining liaison with central
ministries/departments and the state governments.
• Helps the PM in respect of his responsibilities as
chairman of various bodies like NITI Aayog.
• Looks after the public relations of PM like contact with
the press and general public.
• Deals with all references, which under the Rules of
Business have to come to the prime minister.
• Provides assistance to PM in examining cases
submitted under Rules.
• Maintaining liaison with the President, Governors,
and Foreign Representatives in the country.
• Acting as the 'think-tank' of the PM.
PRESENT CONTEXT – IMPORTANCE OF PMO
179

• Prime Minister of India as of now is heading six out of
eight cabinet committees thereby leading to more
centralisation of powers.
• Cabinet Committees are important organ of state
executive for decision making. As we can see above,
Prime Minister himself heads Appointments
Committee, Cabinet Committee on Economic Affairs,
Cabinet Committee on Political Affairs, Cabinet
Committee on Security, Committee on Investment &
Growth and Committee for Employment and Skill
Development.
• This effectively makes the Prime Minister and his
office a virtual super cabinet as most of the important
policy decisions of the government will flow through
the Prime Minister Office (PMO).
• This can be said to be an example of centralisation of
power based on the personality cult and leadership
abilities of the Prime Minister
►GOOD GOVERNANCE INDEX
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ISSUES OF GOVERNANCE & LOCAL BODIES
Government of India launched the ‘Good Governance
Index’ at an event organized by the Ministry of
Personnel, Public Grievances & Pensions, on the
occasion of Good Governance Day on 25th December,
2019.
IMPORTANT HIGHLIGHTS
• Index is a uniform tool across States to assess Status
of Governance and impact of various interventions
taken up by the State Government and Union
Territories (UTs) on 10 parameters.
• Objective – 1. Provide quantifiable data to
compare the state of governance in all states and
UTs & 2. Enable states & UTs to formulate and
implement suitable strategies to improve
governance and shift to result oriented approaches
and administration.
• Approaches kept in mind while selecting the
indicators – 1. It should be easy to understand &
calculate 2. It must be citizen-centric & result driven 3.
It must lead to improved results and 4. It should be
applicable to all states and UTs.
180

• These ten Governance Sectors are measured on
total 50 indicators - Difference indicators are given
different weightage under one Governance Sector to
calculate the value.
• E.g. Under Agriculture & Allied Sector - There are 6
indicators with different weightage, namely: Growth
rate of agriculture and allied sector (0.4), growth
rate of food grains production (0.1), growth rate of
horticulture produce (0.1), growth rate of milk
production (0.1), growth rate of meat production
(0.1) and crop insurance (0.2).
• The states and UTs are divided into three groups:
1. Big States, 2. North-East & Hill States and 3. UTs.
KEY HIGHLIGHTS
• Corruption more pervasive in countries where big
money flows freely into electoral campaigns and
where governments listen only to the voices of
wealthy or well-connected individuals.
• In democracies such as India and Australia, unfair and
opaque political financing, undue influence in
decision-making and lobbying by powerful corporate
interest groups have resulted in stagnation or a
decline in the control of corruption.
• Majority of countries are showing little to no
improvement in tackling corruption.
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ISSUES OF GOVERNANCE & LOCAL BODIES
►CORRUPTION PERCEPTION
INDEX
As per 2019 Corruption Perception Index released by
Transparency International, India’s ranking in 2019 has
slipped from 78 to 80 in a period of one year. India’s
score since 2012 has improved from a score of 36 to 41.
The main reason attributed has been the “Unfair and
Opaque Political Funding”. India’s Rank since 2011 has
dipped. The Corruption Perceptions Index ranks
countries and territories based on how corrupt their
public sector is perceived to be. A country or territory's
rank indicates its position relative to the other countries
and territories in the index.
• More than two-thirds of countries score below 50,
with an average score of only 43.
• 2019 CPI reveals that anti-corruption efforts are also
stagnating in G-7 Countries.
►INDIA DROPS IN DEMOCRACY
INDEX
In the latest Democracy Index published by Economist
Intelligence Unit, India has slipped 10 places to 51 with
an overall score of 6.9 among 167 countries from 41 last
year. In addition, the EIU has categorized India as flawed
democracy.
181
 ISSUES OF GOVERNANCE & LOCAL BODIES

KEY HIGHLIGHTS: 2019 DEMOCRACY INDEX

• Democracy Index is published by EIU. ►WORLD PRESS FREEDOM INDEX –
• The average global score has fallen from 5.48 in 2018, 2019: A CYCLE OF FEAR
to 5.44 and this is the worst average global score
India has dropped two places on World Press Freedom
since EIU first produced the Democracy Index in 2006.
Index 2019 and has been ranked at140 out of 180
• The Survey attributes the primary cause of “the countries in the Annual Reporters Without Borders
democratic regression” to “an erosion of civil liberties Analysis. The 2019 World Press Freedom Index compiled
in the country”. by Reporters Without Borders (RSF) shows how hatred
• The fall in average global score is driven by sharp of journalists has degenerated into violence,
regressions in Latin America and Sub-Saharan Africa, contributing to an increase in fear.
4/5 categories that make up the global average score KEY HIGHLIGHTS
have deteriorated.
• Only 24 percent of the 180 countries and territories
FIVE INDICATORS OF DEMOCRACY INDEX are classified as “good” (coloured white on the Press
1. Civil liberties: include freedom of the press, freedom Freedom Map) or “fairly good” (yellow), as opposed to
to protest, unrestricted access to the Internet, an 26 percent last year.
independent judiciary, religious tolerance, equal
treatment of all citizens and basic security.
2. Political culture: refers to popular support for
democracy, a strong tradition of separation of religion
and State, etc.
3. Political participation: voter turnout, share of
women parliamentarians, etc.
4. Governance: refers to influence of elected
representatives in determining government policy,
supremacy of the legislature etc.
5. Electoral Pluralism: refers to free and fair elections, • The number of countries regarded as safe, where
universal adult suffrage, equal campaigning journalists can work in complete security, continues
opportunities, etc.

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to decline, while authoritarian regimes continue to
tighten their grip on the media.
• The Index, which evaluates the state of journalism in
180 countries and territories every year shows that an
intense climate of fear has triggered one that is
prejudicial to a safe reporting environment.
• The hostility towards journalists expressed by political
leaders in many countries has incited increasingly
serious and frequent acts of violence that have
fuelled an unprecedented level of fear and danger for
journalists.
ISSUES OF GOVERNANCE & LOCAL BODIES
18,200 judges with about 23% sanctioned posts
vacant.
• Lower Share of Women: The Women are poorly
represented in all the 4 pillars of justice. For instance,
women constitute only around 7% of the police.
• Budgets for Justice System: Most States are not able
to fully utilize the budgets allocated to them by the
Centre. Increase in spending on the police, prisons
and judiciary has not keep pace with the overall
increase in State expenditure.

• Poor Case Clearance rates: Case Clearance Rate

►INDIA JUSTICE REPORT 2019
India Justice Report 2019 was released by the Tata Trusts
in collaboration with Centre for Social Justice, Common
Cause and Commonwealth Human Rights Initiative. This
is the first-ever ranking of Indian States on justice
delivery.
(CCR) is the number of cases cleared in a year
measured against the cases filed that year. The Case
clearance rate needs to be higher so as to reduce the
pending of the cases. However, only some of the
states have a case clearance rate of more than 100%
leading to pendency and delay in disposal of cases.

ABOUT INDIA JUSTICE REPORT 2019

• The India Justice Report ranks 18 Large and Mid-Sized
and 7 Small States according to their capacity to
deliver justice to all.
• Presently the ranking assesses the four ‘pillars’ of the
justice system i.e. police, prisons, legal aid and the
judiciary in each state in order to rank them.
►RULE OF LAW INDEX
Rule of Law Index is released by World Justice Project
measuring the rule of law based on the experiences and
perceptions of the general public and in-country legal
practitioners and experts worldwide. India with an
overall score of 0.51 has been ranked at 69 out of 128

• The report also examines 5-year trends to Countries. Effective rule of law reduces corruption,

demonstrate a state’s intention to improve access and combats poverty and disease, and protects people from

delivery of justice by increasing resources and injustices large and small.

clearing blockages.

RANKING OF THE STATES:

Top Performing Worst

States Performing
States GLOBAL TREND
• Decline by most countries for a third year in a row
Large and Maharashtra, Uttar Pradesh,
- continuing a negative slide toward weakening and
Mid-Sized Kerala and Tamil Bihar, Jharkhand stagnating rule of law around the world.
States Nadu • Majority countries showing deteriorating rule of
Small Goa, Sikkim, Tripura, Arunachal law in the 2020 Index demonstrating a persistent
downward trend.
States Himachal Pradesh,
• This was particularly pronounced in the Index factor
Meghalaya
measuring Constraints on Government Powers.
• Huge Vacancies in Judiciary: Many states have FACTORS FOR RULE OF LAW INDEX
vacancies that exceed 25% of the state’s own • The WJP Rule of Law Index 2020 presents a portrait of
sanctioned strength. For instance, India has about the rule of law in 128 countries and jurisdictions by

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 ISSUES OF GOVERNANCE & LOCAL BODIES
providing scores and rankings based on 8 factors. The
8 factors on which India is ranked are:

FOUR UNIVERSAL PRINCIPLES OF RULE OF LAW
The World Justice Project defines the rule of law as a
durable system of laws, institutions, norms, and
community commitment that delivers:
The government as well as
1 Accountability private actors are accountable
under the law.
The laws are clear, publicized,
and stable; are applied evenly;
and protect fundamental
2 Just Laws
rights, including the security of
persons and contract,
property, and human rights.
The processes by which the
laws are enacted,
Open
3 administered, and enforced
Government
are accessible, fair, and
efficient.
Accessible and Justice is delivered timely by
4 Impartial competent, ethical, and
Dispute independent representatives
Resolution and neutrals who are
accessible, have adequate
resources, and reflect the
makeup of the communities
they serve.
►CORPORATE SOCIAL
RESPONSIBILITY
Section 135 of Companies Act, 2013, provides for the
concept of Corporate Social Responsibility (CSR) where a
company is required to spend on social welfare
programmes for the benefit of Indian society.
IS CSR SIMILAR TO SOCIAL PHILANTHROPY?
• The idea of CSR emanated from the concept of social
philanthropy and it helps in achieving the purpose set
out in Part IV of the Indian Constitution especially
ideas enshrined in Article 38 and 39.
• Article 38 mentions about promotion of welfare of
people by securing and protecting the social order,
by minimizing the inequalities in income, status,
facilities and opportunities.

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• As per Article 39, the state shall ensure for its
citizens
i. adequate means of livelihood,
ii. proper distribution of community resources for
the welfare of all specially the weak,
iii. distribution of wealth equitably in the society for
the common good of all.
• Thus, the concept of CSR instills in a company the
idea of social responsibility integrated with its motive
of profit making. CSR activities also help them to
integrate ethical, social, and environmental concerns of
our society with their day to day work.
WHICH COMPANIES QUALIFY FOR CSR ACTIVITIES?
• A company meeting the following requirements as
prescribed under the Companies Act is liable to
contribute 2% of its average net profit for social
welfare during any financial year
1. If a company has a net worth of Rs. 500 crores or
more, or
2. If the turnover of a company is Rs. 1,000 crores or
more, or
3. If the net profit of a company is Rs. 5 crore or
more
• Such a company shall constitute a ‘Corporate Social
Responsibility Committee’ of the Board consisting
of three or more directors, out of which at least one
director shall be an independent director.
WHAT SHALL BE THE ROLE OF SUCH CORPORATE
SOCIAL RESPONSIBILITY COMMITTEE?
• The Corporate Social Responsibility Committee shall
i. formulate and recommend to the Board, a CSR
Policy which shall indicate the activities to be
undertaken by the company as specified in
Schedule VII of the Companies Act, 2013
ii. recommend the amount of expenditure to be
incurred on such activities and
iii. monitor the CSR Policy of the company from time
to time.
• The Board shall approve the CSR Policy for its
company and disclose contents of such Policy in its
report and also place it on the company's website.
• In pursuing its activities towards CSR, company shall
give preference to the local area and adjacent areas
around it where it operates.
DOES THE LAW PROVIDE FOR ANY SPECIFIC AREAS
FOR SPENDING FOR CSR ACTIVITIES BY A COMPANY?
• Schedule VII of the Companies Act, 2013 provides
an inclusive list of areas such as:
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ISSUES OF GOVERNANCE & LOCAL BODIES
ο To eradicate extreme hunger and poverty
ο To promote education
ο Promotion of gender equality and women
empowerment
ο Reducing child mortality and improving maternal
health
ο Combating human immunodeficiency virus,
acquired immune deficiency syndrome, malaria
and other diseases
ο Ensuring environmental sustainability
ο employment enhancing vocational skills
ο social business projects
ο contribution to the Prime Minister's National Relief
Fund or any other fund set up by the Central
Government or the State Governments for socio-
economic development and relief
ο Contribution for the welfare of the Scheduled
Castes, the Scheduled Tribes, other backward
classes, minorities and women
• Since, the list provided is an inclusive list and not an
exhaustive list, hence a company can also spend on
other activities for the welfare of the society as
approved by its Board of Directors which is not
prohibited under the Act or Rules framed by the
government.
WHICH ACTIVITIES OF A COMPANY SHALL NOT BE
TREATED AS AN EXPENDITURE INCURRED FOR CSR?
• Such works which the company generally undertake
in their normal course of business.
• Any welfare projects, programmes or activities
pursued by a company beyond Indian Territory shall
not be construed as expenditure incurred towards
CSR.
• Such projects, programmes or activities which benefit
only the employees of the company and their families
shall not be considered as CSR activity.
• Contribution of any amount directly or indirectly to
any political party shall not be considered as CSR
activity.
►PM-CARES NOT UNDER RTI
Donations made to PM-CARES do not fall under Right to
Information Act and also cannot be audited by
Comptroller and Auditor General of India. Supreme
Court observed that CAG cannot audit a public
charitable trust independent of budgetary support or
government money. However donations made under
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PM-CARES is categorised as an activity within Corporate
Social Responsibility.
ABOUT PM-CARES FUND
• PM-CARES Fund has been created as a Public
Charitable Trust where individuals and corporates
can donate. This fund was created keeping in mind
the need for having a dedicated national fund with
the primary objective of dealing with any kind of
emergencies or distress situation, like posed by the
COVID-19 pandemic and to provide relief to those
affected by the epidemic.
• No Budgetary Support to PM-CARES
• Foreign Donation Allowed under PM CARES Fund
as it is exempted under FCRA - A separate account
for receiving foreign donations has been opened. This
is consistent with respect to Prime Minister’s National
Relief Fund (PMNRF) as it has also received foreign
contributions as a public trust since 2011.
• Members of the Trust - Prime Minister is the
Chairman of the trust and its members include
Defence Minister, Home Minister and Finance
Minister.
• Tax Exemption –Donations to this fund will be 100%
exempted from income tax under section 80(G).
• Mode of Payment – A new account in the name of
“PM CARES” has been opened in State Bank of India,
New Delhi Main Branch. It allows the following mode
of payments:
o Debit Cards and Credit Cards
o Internet Banking
o UPI (BHIM, PhonePe, Amazon Pay, Google Pay,
PayTM, Mobikwik, etc.)
o RTGS/NEFT
►PUBLIC ORDER, LAW & ORDER
AND SECURITY OF STATE
Public order implies the absence of disturbance, riot, revolt,
unruliness and lawlessness. Irrespective of the nature of a
polity – democratic or autocratic, federal or unitary –
maintenance of public order is universally recognised as the
prime function of the State. Anarchy would result if the State
failed to discharge this duty. Such persistent anarchy would
lead to decay and destruction and the eventual
disintegration of the State.
PUBLIC ORDER PROBLEMS IN INDIA
• A democratic society is necessarily characterised
by public expression of dissent - Such dissent arises
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from a variety of socio-economic, political and cultural
factors. In India, the situation is further compounded
by factors such as caste, religion, poverty, illiteracy,
demographic pressures, ethnic and linguistic
diversity.
• In a liberal democracy every citizen has a right to
dissent and the expression of such dissent need
not in itself breach public order - Even within a
democratic society, a situation viewed as a public
disorder by one stakeholder may not be disorder for
another stakeholder.
• For example, if a dominant section of society indulges
in degrading forms of exploitation of the
underprivileged sections, the resultant protests by the
latter are often perceived by law enforcement
agencies as public disorder. But for the exploited
sections, the injustice is a breach of their human
rights against which they have vented their ire.
• This brings us to the distinction between
‘established order’ and ‘public order’ - Established
order may not always be as per the tenets of the rule
of law. Perpetuating established order does not
necessarily constitute public order in a society
governed by democratic norms and the rule of law.
The law enforcement machinery often tends to
concentrate on maintaining status quo, since, for
them, public order means ‘absence of any
disturbance’.
• Laws and public policies aimed at desirable social
change may sometimes lead to disturbance or
even violence and yet such laws need to be
enforced firmly if the core values of the
Constitution and human rights are to be
protected.
• Public Order is strengthened by protecting the
liberty and dignity of citizens and bringing about
social change.
DIFFERENCE BETWEEN LAW & ORDER, PUBLIC ORDER
& SECURITY OF STATE
• If two families quarrel over irrigation water, it might
breach law and order but in a situation where two
communities fight over the irrigation water, then it
might lead to public order. So, a similar approach
cannot be taken to remedy both the situation.
• The law enforcement machinery often tends to
concentrate on maintaining status quo, since, for
them, public order means ‘absence of any
disturbance’.
• Laws and public policies aimed at desirable social
change may sometimes lead to disturbance or even
186

violence and yet such laws need to be enforced firmly
if the core values of the Constitution and human
rights are to be protected.
• In the ultimate analysis, public order is strengthened
by protecting the liberty and dignity of citizens and
bringing about social change.
• Clarifying the distinction between ‘law and order’,
‘public order’ and ‘public disorder affecting the
security of the State’, Justice Hidayatullah observed:
“Just as public order apprehends disorders of less gravity
than those affecting the security of state, law and order
also apprehends disorders of less gravity than those
affecting public order. One has to imagine three
concentric circles. Law and order represents the largest
circle within which it is the next circle representing public
order and the smallest circle represents the security of
state. It is then easy to see that an act may affect law and
order but not public order, just as an act may affect
public order but not the security of state.” [Ram Manohar
Lohia v. State of Bihar, 1 SCR 7009(746), 1966].
• Thus, every situation in which the security of the State
is threatened is a public order problem. Similarly, all
situations which lead to public disorder, are
necessarily law and order problems also. But all law
and order problems are not public order problems.
• Thus, petty clashes between groups whose impact is
limited to a small area are minor in nature with no
impact on public order.
• But widespread violent clashes between two or more
groups, such as communal riots, would pose grave
threats to public order. A major terrorist activity could
ISSUES OF GOVERNANCE & LOCAL BODIES
be classified as a public order problem impinging on
the security of the State.
►INTEGRITY PACT AS PART OF
GOVERNMENT CONTRACT
• The Integrity Pact (IP) is an anti-corruption tool to
help government to fight corruption in the field of
public contracting and procurement.
• It consists of an agreement between a
government department and all bidders for a
contract.
• The IP sets out their rights and obligations to the
effect that
ο neither side will pay, offer, demand or accept
bribes or
ο collude with competitors to obtain the contract, or
ο while carrying out the contract with the
government.
• As per integrity pact, only those vendors/ bidders,
who commit themselves to such a Pact with the
buyer, would be considered competent to participate
in the bidding process.
• So, entering into this Pact must be preliminary criteria
for all contracts and procurements involving public
offices.
INTEGRITY PACT IN INDIA
• Central Vigilance Commission (CVC) has
recommended adoption of Integrity Pact for all
the Government departments as well as PSUs -
realizing the importance of IP as a vigilance tool in
controlling corruption in public contracting and
procurement.
• CVC has provided basic guidelines for its
implementation in respect of major procurements
in the Government Organizations.
• CVC has also issued Standard Operating Procedure
spelling out all the details.
• Even the 2nd ARC in its report on "Ethics in
Governance" has recommended that all the
government department and PSUs should adopt
Integrity Pact in order to bring in accountability and
transparency in Government procurement.
• Such a mechanism would enable India curb
corruption in government contract.
• However, so far the adoption of IP is voluntary in
India.

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