Polity RRP Mains

Polity Ready Reckoner
www.laexias.com Page 1 elearn.laex.in

POLITY
READY RECKONER
INDEX
Sl. No. Topic Page No.

Constitution Basic Provision and Structure Related (Preamble, Fr, FDS,
1. 1–8
DPSPS Etc)
2. Federalism Related 8 – 10
3. Judiciary Related 11 – 14
4. Union and State Legislature Related 14 – 16
5. Local Governance Bodies Related 16 – 19
6. Constitutional and Non Constitutional Bodies Related 19 – 20
7. Election Related 21 – 22
8. Governance Related 23 – 23
9. Bills, Laws, Rules 24 - 28
www.laexias.com Page 2 elearn.laex.in

1. CONSTITUTION BASIC PROVISION AND STRUCTURE

RELATED (PREAMBLE, FR, FDS, DPSPS)
UNIFORM CIVIL CODE
Why in News?
Uttarakhand CM announced an expert panel that would examine the possibility of applying
the UCC in the State.
What is UCC?
 Comes under Article 44 of the Constitution of India, proposes to introduce personal
laws that would apply to all citizens equally, irrespective of their religion, gender, caste,
etc.
 At present, the personal laws of various communities are largely governed by their
religion.
Why India Needs UCC?

 Paves way for national integration
 Strengths secularism : Constitutional law > religious law in a secular republic
 Gender justice
 Sign of modern progressive India
 Will check religion based vote bank politics
 SC judgements in favour : Shah Bank case , Sarla Mudgal case , Geeta Hariharan vs
RBI
What are the arguments Against UCC?

 Attempt to codify - seen as encroachment by religious minorities
 Fear of majoritarianism
 Multi religious society - daunting task of codification
 Accommodation of distinct tribal laws and customs especially matrilineal societies
 Top to down religious reforms have not been successful
What is the Way Forward?

 Piecemeal reform
 Wide range debates with religious leaders , public and civil society
 Education, awareness and sensitization programmes
 Allay fears of minorities and tribal groups
ESSENTIAL RELIGIOUS PRACTICE TEST

Why in News?
Invoked by Karnataka HC in hijab ban issue
What is Essential Religious Practice Test?

 Invented by a seven-judge Bench of the SC in the ‘Shirur Mutt’ case in 1954.
 The court held - the term “religion” will cover all rituals and practices “integral” to a
religion, and took upon itself the responsibility of determining the essential and non-
essential practices of a religion.
 Denied validity to “practices (which) not superstitious beliefs and may in that sense be
extraneous and unessential accretions to religion itself”.
Group-1_Mains Page 1 https://manalaexcellence.com

What Are The Criticisms Against Essential Religious Practice Test?

 Judicial overreach - idea of providing constitutional protection only to those elements of
religion which the court considers “essential”
 Assumption that one element or practice of religion is independent of other elements or
practices -is problematic
 Essentiality test privileges certain practices over others - all practices taken together
that constitute a religion.
How does Essentiality Square up against Religious Freedom?

‘Ratilal Panachand Gandhi Vs The State of Bombay And Ors’ “every person has a fundamental
right to entertain such religious beliefs as may be approved by his judgment or conscience” -
essential practice test impinges on this individual autonomy.
LOCAL RESERVATION IN PRIVATE SECTOR
Why in News?
 Haryana government has challenged in Supreme Court, the order by the Punjab &
Haryana HC, to halt 75% quota in private jobs for locals.
 The Haryana State Employment of Local Candidates Act, 2020, came into force recently
What are Causes for Such Laws?

 Vote Bank Politics
 Widespread Joblessness
 Accommodating Talent
 Economic Recession
What is the Significance of such Law?

 Stops migration
 Addresses Agrarian Crisis
 Addressing local unemployment
What are issues Related with Actual Implementation of such Law?

 Violates constitutional provisions- Article 16
 Against the spirit of competition
 Operational problem - identification of beneficiaries
 Stokes regional conflicts - locals vs non locals
 Affects private investment

Way Forward
 Focus on education and skilling
 Focus on core issues of unemployment rather than band aid solutions
 Promote labour intensive industries
 More industry friendly policies
DEFINING MINORITIES
Why in News?
 Hindus can be declared 'minority' in states where they're numerically lower strength:
Centre tells Supreme Court
 PIL demanding minority status for Hindus in Punjab, Jammu and Kashmir, Ladakh,
Mizoram, Nagaland, Manipur, Meghalaya, Arunachal Pradesh and Lakshadweep on the
ground that Hindus were numerically lower strength in these states/UTs.
Who is a Minority and who decides that?

 The central government decides under the National Commission for Minorities Act,
1992.
 Communities notified under Section 2(c) of the 1992 law are regarded as minority
citizens.
 Centre notified six communities — Muslims, Christians, Sikhs, Buddhists, Parsis and
Jains
What does the Constitution say about Minorities?

 Constitution do provide protection to and specify safeguards for the minority
communities but without defining the word ‘minority’
 Constitutional provisions indicate that a minority community in India is principally
linguistic or cultural.
 Articles 29 and 30 - “protection of interests of minorities” and right “to establish and
administer educational institutions”.
 Article 350-A: “A Special Officer for linguistic minorities”.
 United Nations definition “Any group or community which is socially, political and
economically non-dominant and inferior in population are minorities”.
What are the various SC Judgements about defining Minorities?

 T. M. A. Pai Foundation vs State Of Karnataka case (2002): “For the purpose of
determining minority, the unit will be State and not whole India.”
 D.A.V.College Bhatinda vs. State of Punjab: Since the Hindus are in majority in country
they cannot be held as minority in the state.
 The Ahmedabad St.Xavier's College Society and another Ex. v. State of Gujarat : idea of
giving some special rights to the minorities is not to have a kind of a privileged or
pampered section of the population but to give to the minorities a sense of security and
a feeling of confidence
What are the issues surrounding defining of Minorities?

 An anomalous situation in which the communities declared as minorities by the Centre
enjoy the status even in States/UTs where they are in majority.
Example: Muslims in Jammu and Kashmir and Christians in Nagaland for instance.
 Linguistic minority are determined by taking the state as a unit so religious minority
being on the same footing should be determined on the basis of state rather the whole
country.

Anti -Conversion Law
Why in News?
The Karnataka legislative Assembly passed The Karnataka Right to Freedom of Religion Bill,
2021, commonly referred to as the anti-conversion Bill.
What is the rationale behind the Law?

 To reduce the threats of forceful conversion.
 Problem of Inducement or allurement.
 Fradulent marriages
 Religious conversion is not a Fundamental Right.
 Article 25: Not absolute subject to restrictions as public order, health, morality, and
other fundamental rights.
Is religious conversion more of a Politico-Socio-Economic issues rather than religious

issue?
 Conversion of Dalits to Buddhism or to Christianity have happened because of caste
hierarchy in the society.
 Conversion has led to better livelihood opportunity
 The polarizing tendency of religious orthodox groups. (Love Jihad)
 Vote bank politics
What are the various HC/SC Judgements about Conversion Laws?

 Rev.Stainislaus Vs State of Madhya Pradesh & ORS (1977): Upheld the constitutionality
of anti conversion law in MP and Orissa on the ground that these efforts to restrain the
conversion are for securing freedom of conscience and public order.
 Sarla Mudgal (1995): Conversion to Islam was not valid if done only in order to be able
to practise polygamy.
 Lata Singh Vs State of UP: Stringent punishment over acts of violence or threats in
cases of inter- caste and inter-faith marriage.
 M.Chandra Vs M.Thangamuthu & Another (2010): laid down the test to prove
conversion
What are the issues with Anti-Conversion Law?

 Vague nature and wide scope
 Difficult to differentiate genuine & fraudulent conversion
 Against freedom of religion
 Creates atmosphere of fear
 Issue of burden of proof
Way Forward
 anti-conversion laws should not put any vague or ambiguous provisions
 Education and awareness against forceful conversions, Inducement or allurement

RIGHT TO BE FORGOTTEN
Why in News?
Recently, Centre told the Delhi High Court that the “right to be forgotten” is part of the
fundamental right to privacy.
What is the right to be Forgotten?

 Allows a person to seek deletion of private information from the Internet.
 The concept has found recognition in some jurisdictions abroad, particularly the
European Union.
What is the status of law in India?

 Right is not recognised by law in India - courts have held it to be an intrinsic part of the
right to privacy.
 Centre to HC recently: Right to privacy has been recognised as a fundamental right in
the K S Puttaswamy Judgment (2017) and that the ‘right to be forgotten’ is evolving in
India.
 Personal Data Protection Bill - provisions to the doctrine of the ‘right to be forgotten’.
 Delhi HC (May 2019 judgement by Justice Asha Menon) : right to be forgotten” and
“right to be left alone” - inherent aspects of the right to privacy,
Which countries have such laws?

 EU: General Data Protection Regulation (GDPR), Article 17 of which provides for the
right to erasure of certain categories of personal data
 Russia: Enacted a law that allows users to force a search engine to remove links to
personal information on grounds of irrelevancy, inaccuracy and violation of law.
 Turkey, Siberia, Spain and England
What is the importance of ‘Right to be Forgotten’?

 Protect person's reputation & dignity guaranteed under Article 21 of the constitution
 Important for protection of victims of sexual assault or yellow journalism
 Part of Right to be left alone
What are the challenges associated with ‘Right to be Forgotten’?

 Legal challenge: Right to be forgotten vs Section 74 of the Indian Evidence Act, 1872.
 Difficult to implement in digital era
 Right to privacy vs right to information
 Violation of Freedom of Expression
 Danger to journalism
Way Forward
 Amendment in Article 19 (2) to include privacy as reasonable restriction
 comprehensive debate on Personal Data Protection Bill
 Balancing privacy and information

RIGHT TO SPEEDY TRIALS

Why in news?
Recently, in wake of death of activist Stan Swamy, Bombay High Court took up the issues of
undertrials and contented that Right to speedy trial is a fundamental right.
What is status of right to speedy trials in India?

 Fundamental right implicit in the guarantee of life and personal liberty enshrined in
Article 21
 Kartar Singh v. State of Punjab (1961): Right to speedy trial is an essential part of
fundamental right to life and liberty.
 Babu Singh v. State of UP: "Our justice system even in grave cases, suffers from slow
motion syndrome which is lethal to 'fair trial'.
 Hussainara Khatoon v. State of Bihar: Under trial prisoners have been in jail for
duration longer than prescribed, their detention in jail is totally unjustified and in
violation to fundamental rights under article 21
What are the reasons for current State of Undertrials?

 Court system delay
 Huge pendency of cases in courts
 Inconsistency in bail system
 Poor legal aid and representation
 Low judge – population ratio
 Poor infrastructure
 Adjournment granted by the court on unreasonable grounds
 Vacation period delay
 Investigative delay
What are the initiatives taken by the Government?

 Fast track courts
 E-courts
 Fast and Secure Transmission of Electronic Records (FASTER) scheme
 Modernization of Prisons scheme
 e- Prisons project
 Model Prison Manual
Way Forward
 Effective management of the courts
 Proper training and vocations for judges - to improvise there drafting, hearing and
writing skills along with the skill of taking correct and fast judgment
 Increase in ratio of judges to population
 Arbitration should be done wherever possible
 Nyaya Panchayats should be authorized to dispose off small and petty cases
 Technological Courts and Speedy justice
 Law Commission recommendations :
 Need to separate law and order and investigation wings of the police department
 Provide relief to victims of wrongful prosecution in terms of monetary and non-monetary
compensation
 Malimath committee recommendations
 Increase ratio of judges to population
 Use of digital infrastructure

SEDITION LAW
Why in News?
SC rejected a plea urging it to re-examine the constitutional validity of Section 124A of IPC,
which deals with sedition
What is the Sedition Law?

Section 124A defines sedition as: “Whoever, by words, either spoken or written, or by signs, or
by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or
excites or attempts to excite disaffection towards, the Government estab-lished by law shall
be punished with imprisonment for life, to which fine may be added…”
What are the Supreme Court Judgements related to Sedition Law?

 Romesh Thapar V State Of Madras: Disturbing the public order only if - endangering
the foundations of the State or threatening its overthrow.
 Kedarnath Singh V State of Bihar: Limited its application to “acts involving intention or
tendency to create disorder, or disturbance of law and order, or incitement to violence”.
 Chief Justice of India NV Ramana, Justice Surya Kant, and Justice Hima Kohli bench
(2022): The 152-year old sedition law under IPC Section 124A should be effectively
suspended till the Union Government revisits the provision.
What are the arguments in favour & against Sedition Law?

Arguments in favour
 Utility in combating anti-national, secessionist and terrorist elements
 Protects against overthrowing of legitimate, democratically elected government
 In alignment with contempt of court for democratically elected government
Arguments against
 Colonial era law
 Curbs dissent
 Hampers robust public debate in a vibrant democracy
 Low conviction rate (National Crime Records Bureau, sedition cases rose from 47 to 70
between 2014- 2018 but not more than 1-2 cases resulted in conviction)
 Vague , unclear provision prone to missuse
 Inconsistent with international convention
 Law commission report 2018 - suggested its repeal
 Most of the countries have repealed draconian sedition laws
Way Forward
 definition of sedition should be narrowed down
 Case to case evaluation of anvil of ever-evolving tests of necessity, proportionality and
arbitrariness.
 Ultimate aim should be repel of law

SOCIO ECONOMIC CASTE CENSUS
WHY IN NEWS?
Demands by various political parties to have a caste-based enumeration in the 2021 Census
has triggered a serious debate.
What is Socio Economic Caste Census?
 Caste-wise tabulation of population in the census exercise.
 Is a tool to identify beneficiaries of state support.
What are arguments for and against Caste Census?

Arguments in favour
 Tool for evidence based policy
 establish statistical justification for preserving caste-based affirmative action
programmes or welfare schemes
 absence of up-to-date caste data - gives space for speculation
Arguments against
 Data already available from NSSO and NFHS surveys
 Can strengthen identity based politics
 Administratively difficult (Administrative incapacity as the enumerators)
 Operational challenges due to different castes and sub castes
Way Forward
 linking and syncing aggregated Census data to other large datasets
 Comprehensively analysis of data
 Employing methods that are precise, faster and cost effective, involving coordination
between different data sources.
2. FEDERALISM RELATED
ASYMMETRIC FEDERALISM
Why in News?
Arunachal to ask Centre to amend Article 371 (H)
What is Asymmetric Federalism?

Federalism based on unequal powers and relationships in political, administrative and fiscal
arrangements spheres between the units constituting a federation.
What are reasons for Asymmetric Federalism?

Historical reasons: Integration into the union of India with a special set of provisions and powers.
Example: Erstwhile Article 370 for J& K.
Political Reasons: Develop autonomy and preserve their land, economy, and community.
Economic Reasons:
 For expanding economic opportunities
 Securing freedom from exploitation by larger and more powerful members of the federation.
Example: Special category states

Cultural Reasons:
 To fulfill the needs of diverse religiously, culturally and/or ethnically states
 Recognition to customary law
Example: Articles 371 to 371J
Administrative Reasons: UTs - too small to independent state or cultural differences
What are Criticism against Asymmetric Federalism?

 Shaped by political aspirations
 Difficult to rollback after it has served its purpose
 Arbitrariness in conferring special status
 Source of tension between different regions
Way Forward
Model of asymmetric federalism should be
 transparent and rule based
 accommodating diverse group interests within a unified framework
INTER STATE BORDER DISPUTES
Why in News?
Assam and Meghalaya government has agreed to settle the long pending inter-state border disputes
in at least six areas
What are the various Inter State Border Disputes in India?

Assam-Mizoram
 Mizoram used to be a district of Assam before becoming another state.
 Mizoram shares a border with the districts Cachar, Hailakandi and Karimganj of Assam.
 Dispute: While Mizoram wants it to be along an inner line notified in 1875 to protect tribals
from outside influence, which Mizos feel is part of their historical homeland, Assam wants it
to be demarcated according to district boundaries drawn up much later.
Haryana- Himachal Pradesh

The two northern states have a border dispute over the Parwanoo region, which lies next to the
Panchkula district of Haryana.
Ladakh-Himachal Pradesh
The union territory of Ladakh and Himachal both claim Sarchu, a major halt point for those
travelling through Leh-Manali highway.
Maharashtra-Karnataka
Belgaum has a sizeable population of both Marathi and Kannada speaking people and the two
states have dispute over the region in the past.
Assam-Arunachal Pradesh
The state of Arunachal Pradesh, created in 1987, claims some land that traditionally belonged to its
residents has been given to Assam.
Assam- Nagaland
Two states lay claim to Merapani, a small village next to the plains of Assam's Golaghat district.

Assam - Meghalaya
12 areas flagged by both state as disputed area.
What are the reasons which led to development and prevalence of inter-state border dispute?
 Colonial boundaries only for administrative convenience without regard for local aspirations
 Failure of constitutional mechanisms for addressing border disputes
 Political opportunism
 Complexities of terrain or geographical features like forests, rivers
Way Forward
 Satellite mapping of interstate borders
 Revival of interstate council (Article 263)
 Frequent meetings of Inter-State Councils and Zonal Councils
REFORMING SEVENTH SCHEDULE

Why in News?
Fifteenth Finance Commission chairman NK Singh has called for a thorough review of the Seventh
Schedule.
What is the Seventh Schedule of Constitution?

The Seventh Schedule contains a three-fold distribution of legislative subjects between the Centre
and the states, viz., List-I (the Union List), List-II (the State List) and List-III (the Concurrent List).
Why does Seventh Schedule needs a relook?

 The needs of governance are not static and are bound to change over time.
 Article 248 - grant residuary powers :
 vague and arbitrary
 Use by centre at cost of state ‘s autonomy
 Constant demand by states for greater powers : via Rajmannar committee , Anandpur
resolution
 Current COVID pandemic mismanagement due to invocation of Epidemic Disease Act, 1897
by state and Disaster Management Act, 2005 (DM Act)by centre
 Recommendations of Commissions appointed by the Central Government:
 residuary powers be transferred from the Union List to the Concurrent List
 States should be consulted by the Centre before the latter exercises its power over Concurrent
List entries.
Way Forward
 Removing obsolete entries
 undertake a periodic review of the lis
 Adding new entries according to emerging needs of governance eg : about emerging
technologies
 Novel framework for placement of entries in different lists

3. JUDICIARY RELATED
NATIONAL JUDICIAL INFRASTRUCTURE AUTHORITY OF INDIA (NJIAI)

Why in News?
Chief Justice of India has proposed creation of a National Judicial Infrastructure Authority of India
(NJIAI)
What is National Judicial Infrastructure Authority of India (NJIAI)?

Central agency with each State having its own State Judicial Infrastructure Authority in National
Legal Services Authority (NALSA) model
Features Proposed:
 Financial autonomy with appropriate statutory backing
 Should be placed under the Supreme Court of India
 Balanced representation from the judiciary and the executive
What is Judicial Infrastructure?

 Infrastructure for Bar Council + Litigants
 Physical infrastructure: court buildings, rooms, elevators, facility for drinking water etc.
 Personnel infrastructure: judges, court staff and lawyers
 Digital infrastructure: court websites, e-courts, mobile applications etc.
What are the Challenges of Judicial Infrastructure?
 Shortage of court halls

 Inadequate basic facilities like toilets and drinking water access
 Gross shortage of record rooms and video-conferencing facilities
 Ad-hoc and unplanned maintenance of judicial infrastructure
 Absence of a coordinating agency
 Lack of data on state-wise judicial infrastructure

Way Forward
 Government can develop ‘Judicial Vista’ near supreme court premises to meet the
infrastructure needs of all courts
 Government can constitute a central authority funded by Consolidated Fund of India under
the administrative control of CJI
 State governments should allocate funds to build court complexes
PRINCIPLE OF ‘REASONABLE ACCOMMODATION’
Why in News?
Hijab ban issue
What is Principal of Reasonable Accommodation?

Principle that promotes equality, enables the grant of positive rights and prevents discrimination
based on disability, health condition or personal belief.
How does this Judicial Principle Work?

 Use is primarily in the disability rights sector.
 The general principle is that reasonable accommodation should be provided, unless some
undue hardship is caused by such accommodation.
 Recent Karnataka verdict on wearing the hijab: The HC did not accept the argument based on
a South African decision that reasonable accommodation can be made for allowing minor
variations to the uniform to accommodate personal religious belief.
DEATH PENALTY
Why in News?
SC enforces a landmark ruling on death penalty
What are Arguments for and against Death Penalty?
Arguments for
 Deterrence
 Retribution
 Closure for victim ‘s families
Arguments against
 Against our most basic human right - the right to life
 Statistical evidence doesn't confirm that deterrence works.
 Civilized society needs restitutive justice rather than retributive justice
 Cases of miscarriage of justice
 Too much power to the state
 Drain on public finances - Maintaining a secure prison system for high-risk, violent offenders
 Racial, ethnic and social class bias – used more often against perpetrators from racial and
ethnic minorities and from lower socioeconomic backgrounds, than those coming from a
privileged background
What are SC Judgements WRT Death Penalty?

 Jagmohan Singh V. State of Up 1973
Article 21 deprivation of life is constitutionally permissible if that is done according to the
procedure established by law

 Rajendra Prasad V. State of Up 1979

If the murderous operation of a criminal jeopardizes social security in a persistent, planned
and perilous fashion then his enjoyment of fundamental rights may be rightly annihilated.
 Bachan Singh V. The State of Punjab 1980

Dictum of ‘rarest of rare cases
 Machhi Singh V. State of Punjab 1983

Laid down certain considerations for determining whether a case falls under the category of
rarest of rare cases or not.
 Shatrughan Chauhan V. Union of India, 2014:

“Undue, inordinate and unreasonable delay in execution of death sentence amounts to
torture” and was a ground for commutation of sentence
Manoj and ORS. Vs State of MP 2021

1. Death sentences are most often imposed by the trial courts in a retributive sense
2. Transition to a more evidence based as circumstantial data leading to death penalties
WAY FORWARD
Law Commission in its 262nd report: The abolition of capital punishment for all crimes in India,
except the crime of waging war against the nation or for terrorism-related offences.
WOMEN IN JUDICIARY
Why in News?
Only 17 of 37 women recommended by the Supreme Court collegium were appointed as judges in
high courts
What is the Significance of Women Representation in Judiciary?

 representative gender jurisprudence would raise willingness of women to seek justice and
produce judgments that better reflect the diversity of Indian experiences
 Positive Public perception about judiciary - more transparent, inclusive, and representative
 More comprehensive and empathetic perspective
What are the Challenges faced by Women in Judiciary?

 Patriarchy at work :
 International Commission of Jurists (ICJ) - the lower representation of women in the judiciary
- due to gender stereotyping.

 long and inflexible work hours in law, combined with familial responsibilities
 Poor infrastructure : in 2019 - Absence of toilets in 15 per cent of courts (Vidhi Centre for
Legal Policy 2019)
 Stringent and closed recruitment processes often disadvantageous to women
 Frequent transfers
Way Forward
 Transparency in selection process
 Reservation
 Gender sensitivity at workplace
 More women chief justices
4. UNION AND STATE LEGISLATURE RELATED
ANTI DEFECTION LAW

Why in the News?
HC given order to West Bengal assembly to pass order-on anti defection.
What is Defection?
 Practice of floor-crossing by a member of one political outfit to another
 10th Schedule of Constitution
What is the Purpose of Anti Defection Law?

 Ensuring loyalty of members to elected party.
 Promotes party discipline
 Prevents opportunistic politics (Aaya Ram Gaya Ram syndrome)
 Prevent betrayal committed against the will of the people.
 Helps in reducing corruption (Horse trading) at the political level.
 Reduces non developmental expenditure on re elections
 Anti-defection law is needed to ensure smooth functioning of parliamentary system.
What are the issues with Anti-Defection Law?

 Goes against the basis of a representative democracy
 No room for genuine dissent
 Disincentives legislator from serious thinking, researching best practices to incorporate into
legislation
 Curtailment of legislator’s right to vote according to his conscience, conviction and
constituency concerns
 Political parties who are at the heart of the politics have no liability under the law.
 Decision of Speaker raises concerns regarding his/her impartiality in taking decision.
 Focuses on voluntary defection and remains silent about expulsion of a member from the
party.

What are the suggestions to improve the Law?

 2nd Administrative Reforms Commission and Dinesh Goswami Committee: Decision of the
issue of disqualification of members on grounds of defection - by the President/Governor on
the advice of the Election Commission.
 Election Commission: It should be the deciding authority in defection cases.
 Supreme Court: Parliament should set up an independent tribunal headed by a retired judge
of the higher judiciary
 The active involvement of the Ethics Committee - in curbing horse trading of legislators
PUBLIC ACCOUNTS COMMITTEE (PAC)

Why in News?
Centennial celebrations of Public Accounts Committee (PAC) were held recently
What are the Major Functions of Pac?

 Scrutiny and Examinations of Accounts
 scrutinizes the audit reports of CAG
 examines the accounts of:
 State corporations
 Trading concerns and,
 Manufacturing projects
 Discuss points of financial discipline and principle
What is the Importance of PAC?

 Maintain high standards of public morality in financial matters
 Ensure expenditure is incurred in a prudent manner
 PAC reports provide valuable information and feedback to the various stakeholders including
the policy makers.
Way forward for Strengthening PAC

 Binding recommendations
 Help from experts on technical matters
 Suo-motu cognisance of public issues
 Discussion in Parliament
PARLIAMENTARY PRIVILEGES
Why in News?
Rajya Sabha Chairman M Venkaiah Naidu has said that disrupting parliamentary proceedings
amounts to contempt of the House and it cannot be claimed as a privilege.
What is the importance of Parliamentary Privileges?

 Protect the freedom of speech of parliamentarians and legislators
 Insulates parliamentarians against litigation over matters that occur in these house
 Help maintain their authority, dignity and honour
 Can protect their members from any obstruction in discharge of their duties.
 For the effective working of both the houses of parliament
What is the Criticism Regarding Parliamentary Privileges?

 Used to counter media criticism of legislators and as a substitute for legal proceedings
 Allow politicians to become judges in their own cause, raising concerns of conflict of interest
and violating basic fair trial guarantees.

Is Codification of Privileges Necessary?

 Constitution Review Commission headed by Justice M.N. Venkatachaliah: Privileges should
be defined and delimited for the free and independent functioning of the legislatures.
 privileges when “defined and delimited” prevent misuse
What are challenges associated with Codification of Parliamentary Privileges?

 would make the privileges subject to fundamental rights and hence to judicial scrutiny and
evolution of new privileges would not be possible
 Not possible to prepare an exhaustive list as depends on the situation
Way Forward
 Restrict the use of privilege to proceedings of the legislature and not to the individual
member.
 duty of the members to properly use these privileges and not misuse them
 Parliament and Legislative Assemblies should pass laws to codify privilege
QUESTION HOUR
Why in News?
In the wake of the ongoing COVID-19 pandemic, Lok Sabha and Rajya Sabha suspended question
hour and private members' business during the last monsoon session of Parliament.
What is Question Hour?

 First hour of a sitting
 During this MPs ask questions to ministers and hold them accountable for functioning of
their ministries
What is Significance of Question Hour?

 Parliamentary democracy objective : responsible and accountable
 Help create public awareness
 Feedback on public policy
 designed to elicit information and trigger suitable action by ministries
5. LOCAL GOVERNANCE BODIES RELATED
PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS)

ACT OR PESA ACT, 1996
Why in News?
25 years of PESA
What are the Provisions of PESA Act?

Law for ensuring self governance through traditional Gram Sabhas for people living in the
Scheduled Areas.
 State legislations on Panchayats - to be in conformity with the customary law, social &
religious practices and traditional management practices of community resource.
 Separate Gram Sabha - consisting of persons whose names are included in the electoral rolls
for the Panchayat at the village level
 Reservations of seats for STs in proportion to population
 Function of Gram Sabha: To approve all development works in the village, identify
beneficiaries, issue certificates of utilization of funds.

What is the Significance of PESA Act?

 Empowered Gram Sabhas
 Tribal Integration
 Protect Ecosystem(PESA empowers tribes through Gram Sabhas to preserve their connection
with ecosystem)
 Safeguard tribal interests and rights
What are the Challenges in Implementation of PESA Act?

 Lack of awareness about PESA amongst tribal community
 Limited autonomy to tribal communities
 Top to down approach in implementation (overseen by people with less knowledge of tribal
culture)
 Lack of institutional mechanisms and enabling ecosystem
 Non compliance of PESA provisions
 Use of unfair means for bypassing the law
A 2010 study on “Status of Panchayat Extension to Schedule Area Act (PESA)” in Andhra
Pradesh, Gujarat, Chhattisgarh, Jharkhand, and Orissa by Indian Institute of Public
Administration (IIPA) highlighted poor implementation of the Act.
Way Forward
 Bhuria Committee recommended PESA and MESA for extending the provisions of 73rd and
74th amendments to V (Fifth) schedule areas
 States should expedite framing of PESA rules and their implementation.
 Convergence of PESA with other regulations
LOCALIZATION OF SUSTAINABLE DEVELOPMENT GOALS (SDGS)
Why in News?
The Ministry of Panchayati Raj has signed a joint statement of understanding on localisation of
Sustainable Development Goals (SDGs) with the United Nations Development Programme (UNDP)
What us the Significance of SDGS Localization?

 Localizing the development, based on shared learning and effective partnerships
 Improved state capacities
 Localised solutions
 Promotion of cooperative and competitive federalism
 Keeping the local priorities on top of the agenda and active involvement of PRIs in SDGs
 Empowerment of rural local bodies
What are the challenges in SDG Localization?

 Prevalence of top-down approach and apathy from state and bureaucracy
 Lack of availability of proper funds
 Limited awareness of the SDGs at the sub-national level
 Accommodation of diversity of different states within SDGs localization
Way Forward
 proper monitoring and evaluation of SDGs implementation
 More Financial autonomy to local bodies
 Assistance in local bodies for proper implementation

ROLE OF PANCHAYATS IN SERVICE DELIVERY
Why in News?
Mysuru Declaration on Service Delivery by Panchayats
What make Panchayats suitable for effective delivery of public services?

 Participatory Governance
 Social Inclusion
 Accountability
 Responsiveness
 Bottom-up approach
 Functional Transparency
Best Practices
 Social Security Benefits, Enhancing Resources and Improving Sanitation in Bearhatty
Gram Panchayat, Nilgiris, Tamil Nadu
 Total Sanitation Campaign in Dakshina Kannada Zilla Panchayat, Karnataka
 Management of Water Supply in Ghatboral Gram Panchayat, Bidar, Karnataka
 Intelligent Investment Decision in Reducing and Managing Plastic Waste in Chembilod
Gram Panchayat, Kannur, Kerala
 Service Delivery under Participatory Democracy, Gerethang - Labing Gram Panchayat,
Sikkim
What are the roadblocks for PRIs in effective delivery of services?

 Lack of fiscal decentralization
 Elite capture
 Adhocism: Non-availability of information at the local level leads to adhocism in prioritisation
of schemes/ programmes, poor decision-making
 Weak accountability
 Lack of clarity in devolved functions
Way Forward
 Clearly making functions of PRIs by activity mapping
 Undertaking a well-structured process of administrative and fiscal devolution
 Capacity building to the PRIs
 Leveraging technology

URBAN LOCAL BODIES (ULBS)
Why in News?
Delhi Municipal Corporation (Amendment) Act, 2022 was enacted that seeks to reunify the three
MCD.
What are the significance of Urban Local Bodies (ULBs)?

 Responsible for provision of service delivery efficiently and effectively
 Plan for economic and social development
What are the challenges Urban Local Bodies (ULBS) are Facing?
 Irregular elections
 Ineffective delegation of power
 Weak fiscal autonomy and have limited effective devolution of revenue
 Staffing issues which leads to a failure in delivering basic urban services
 Excessive State Control
 Corruption
 Lack of management capacity
Way Forward
 Capacity building
 Financial autonomy
 clear delineation of functions
 ARC recommendations: Framework Law for local governments
 Timely elections and recruitment
 Citizen grievance redressal mechanisms
 expand coverage and increase efficiency in tax collection along with transferring the power
and authority
6. CONSTITUTIONAL AND NON CONSTITUTIONAL BODIES

RELATED
NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST)
Why in News?
NCST has been dysfunctional for the last four years and has not delivered a single report to
Parliament.
What are the Functions of NCST?

 To investigate and monitor all matters relating to the safeguards provided for the STs under
the Constitution or law
 To inquire into specific complaints with respect to the deprivation of rights and safeguards of
the STs.
 To participate and advise in the planning process of socio-economic development of the STs
 To submit annual report to President
 To discharge such other functions in relation to the protection, welfare and development and
advancement of the Scheduled Tribes as directed by President

What are the issues which NCST is Facing?

 Pending reports
 Manpower and budgetary shortage
 Irregular meetings
 concerned Ministries/Departments have not been very forthcoming about the status with
regard to acceptance/non-acceptance of recommendations/ the comments/ views /advice of
the Commission on various policy related issues
Way Forward
 Recruitment of officials and budgetary allocation for the NCST
 Ensuring meaningful consultations with the NCST before concerned legislative proposal with
respect to STs
 Follow up on reports in a time-bound manner
 Report the effectiveness of NCST recommendations by concerned ministry
INDIA’S INVESTIGATIVE AGENCIES
Why in News?
Chief Justice of India (CJI) called for creating an “independent umbrella institution” to bring various
investigating agencies
India’s Investigative Agencies

 CBI
 ED
 SFIO
 NIA
What are the issues Facing Investigative Agencies?

 Multiple agencies leading to contradiction in depositions, overlapping of powers
 Inadequate infrastructure to to conduct investigations and quick mobilization
 Insufficient manpower
 Question on credibility eg: Courts calling CBI a caged parrot
 States vs CBI
 Lack of functional and financial autonomy
Way Forward
 Formation of an umbrella organization to avoid overlapping of functions
 functional autonomy without the administrative control
 Regular updation of infrastructure for changing needs
 Performance audit to improve efficiency of investigative agencies.
CBI AUTONOMY
Why in News?
Meghalaya has withdrawn consent to the CBI to investigate cases in the state
What is General Consent?

 The CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and
 Section 6 of The DSPE Act: Must mandatorily obtain the consent of the state government
concerned before beginning to investigate a crime in a state.

 The consent of the state government to CBI can be either case-specific or general.
 General consent is normally given by states to help the CBI in seamless investigation of cases
of corruption against central government employees in their states
What are the challenges which CBI is Facing?

 excessive political interference in its functioning
 Loss of Credibility
 enormous delays in concluding investigation
 Acute shortage of personnel
Way Forward
 Delink the CBI from the administrative control of the government
 Increased financial resource and administrative empowerment with accountability;
 Better investments in infrastructural facilities
 a new law should be enacted to govern the working of the CBI (Second Administrative
Reforms Commission recommendation)
7. ELECTION RELATED
ONE NATION ONE ELECTION

Why in News?
CEC recently told that the Election Commission (EC) is ready to hold simultaneous elections on the
lines of Prime Minister’s call for ‘One Nation One Election.
What is the need for One Nation One Election?

 Frequent elections lead to massive expenditures
 Perennial election mode
 Hampered development due to the huge expenditure involved
 Frequent elections lead to disruption of normal public life
 Promotes competitive populism
 Parliamentary Standing Committee - will reduce voters ’apathy of frequent elections
What are the concerns associated with One Nation One Election?
 Operational challenges
 Security provision
 Voter behaviour will be impacted - National vs state issues
 would deprive a state of one of the essential elements of Westminster democracy
 Disadvantage to regional parties
Way Forward
 Conducting election in two phases
 Law commission : elections of legislative assemblies whose term ends six months after the
general elections to Lok Sabha can be clubbed together
 Election commission: Any 'no-confidence motion' moved - include a further 'confidence
motion'.

ELECTION FREEBIES
Why in News?
15th Finance Commission chairperson raised concerns over growing political election freebies with
the need to contemplate adopting the concept of sub-national bankruptcies.
What are the issues with Election Freebies?

 Huge drain on the state exchequer affecting the fiscal balance
 Goes against Article 14 by distorting the level playing field among political parties
 Can lead to Distorted economic decisions by voters
 Promote unsustainable practices by pushing governments and people away from
environmentally sustainable practices. Eg : free electricity
What are specific economic issues related to election freebies?

 Distorted expenditure priorities
 Damage to macroeconomic stability
 Risk of national level bankruptcy
Way Forward
 Financial budgeting on freebies
 Freebies should have a sunset clause
 Proper identification of beneficiaries to avoid inclusion and exclusion errors
 More focus on outcome-oriented government schemes
RIGHT TO RECALL
Why in News?
Haryana Assembly passed Haryana Panchayati Raj (Second Amendment) Bill, 2020, which provides
the right to recall members of Panchayati Raj institution
What are the benefits of Right to Recall?

 Ensure greater accountability in the political system
 Check corruption as well as the criminalization of politics
 will provide an option to correct wrong decisions without having to wait for the next five years
What are Limitations of Right to Recall?

 De-stabilise the government
 Election fatigue
 misused by special interest groups with money power
 Viability of the process
 Increased expenditure
Way Forward
 Enhancing political awareness
 Strengthening existing mechanisms: strengthening pre-election’ measures
 Recalled representative must be debarred from contesting the by-election

8. GOVERNANCE RELATED
SOCIAL ACCOUNTABILITY LAW

Why in News?
Social accountability law in Rajasthan
What is Social Accountability?
Actions initiated by citizen groups to hold public officials, politicians, and service providers to
account for their conduct and performance in terms of delivering services, improving people’s
welfare and protecting people’s rights.
What is the significance of Social Accountability Law?

 Citizen empowerment
 Contribute to improved governance
 Increased development effectiveness through better service delivery
What are the challenges and vulnerabilities inherent to Social accountability Law?
 Complacency of citizens in participating in social accountability
 Disruption by powerful vested interests
 Lack of effective grievance redressal mechanism
What are imperatives of a good social accountability law?

 Principle of subsidiarity
 Capacity Building and Community Mobilization
 Making social accountability mandatory in program guidelines
 Grievance redressal

9. BILLS, LAWS, RULES
CRIMINAL PROCEDURE (IDENTIFICATION) ACT, 2022

Why in News?
Received assent from president
How is the Act different from 1902 Version of Act?
1920 Act Current Act
Adds: (i) biological samples, and their
analysis, (ii) behavioural attributes
Data permitted Fingerprints, foot-print
including signatures, handwriting (iii)
to be collected impressions, photographs
examinations under sections 53 and 53A of
CrPC
 Convicted or arrested for
 forcible biological samples collection:
offences: Rigorous
Only from persons arrested for
imprisonment of 1 year or
offences against a woman or a child,
more.
Persons whose or if offence carries a minimum of
 Persons ordered to give
data may be seven years imprisonment
security for good
collected  Persons detained under any
behaviour or maintaining
preventive detention law
peace
 Others : by Magistrate orders ( not
 Others: by Magistrate
just arrested person)
orders for arrested person
 Investigating officer,  Officer in charge of a police station, or
Persons who
officer in charge of a of rank Head Constable or above. In
may require/
police station, or of rank addition, a Head Warder of a prison
direct collection
Sub-Inspector or above  Metropolitan Magistrate or Judicial
of data
 Magistrate Magistrate of first class
What are the issues with Act?

 may violate the Right to Privacy as well as Equality
(a) Data can be collected from convicted persons as well as from persons arrested for any
offence and to aid an investigation
(b) The data collected does not need to have any relationship with evidence required for the
case
(c) The data is stored in a central database which can be accessed widely and not just in
the case file
(d) The data is stored for 75 years (effectively, for life)
(e) Safeguards have been diluted by lowering the level of the official authorised to collect the data
 Against basic rules of natural justice
 Direct contravention of Article 14 of the Constitution, which gives a person right against
arbitrary and unreasonable State action.
 Vague, wider in its scope - can turn it an object of administrative impunity, which makes it
disproportionate and dangerous in its wake for the people as a whole
Way Forward
 Should be reframed so that doesn’t impinge fundamental right to life
 Scope should be narrowed to remove any arbitrariness

DRAFT INDIA DATA ACCESSIBILITY & USE POLICY 2022

Why in News?
Recently released by Ministry of Electronics and Information Technology (MEITY)
Why has the draft data accessibility Policy Been Proposed?

 To harness data: India’s USD 5 trillion-dollar digital economy.
 Current absence of a body for policy monitoring and enforcement of data sharing efforts
 Absence of technical tools and standards for data sharing
 To unlock the high value of data across the economy
 Improve policymaking, evaluation and monitoring
 Enhancing the efficiency of service delivery
 Facilitating the creation of public digital platforms
What are major proposals in the policy?

What are the issues with the policy?
 Absence of data protection law in India to provide accountability and remedy for privacy
violations
 lack of legal accountability and independent regulatory oversight
 Bypasses parliament as - contemplates large scale data sharing and enrichment that will be
borne from public funds
 Lack of Clarity on Definitions for Key Concepts
 Absence of any comment on whether data gathered from States may be sold by the Central
government
Way Forward
 Formulation of data protection law
 Safeguards for misuse by private organizations
 Proper definitions of all key concepts

CRIMINAL LAWS AMENDMENT

Why in News?
Centre has initiated the process for comprehensive amendment of criminal laws in consultation
with all stakeholders.
What is the need for amendments in Criminal Laws?

 Old laws, need change according to ever evolving society
 Inclusion of new crimes. Example: Economic Crimes, Lynching etc
 Simplification of the legal process
 Remove ambiguity and vagueness
What are the major changes required in Criminal Laws?

 Gender neutral laws
 Repealing of colonial regressive laws (Section 124A)
 Criminalization of marital rape
Way Forward
 Empirical research
 Input from civil society
 Accommodation of new forms of crimes
 Digitization of criminal justice system
THE ELECTION LAWS (AMENDMENT) BILL, 2021

Why in News?
Recently, Election Laws (Amendment) Bill, 2021 was passed in the Lok Sabha.
What are the Features of Act?

 Linking electoral roll data with Aadhaar
 Qualifying date for enrolment in electoral roll
 Requisitioning of premises for election purposes
 Gender-neutral provisions

What is the significance of bill?

 Will stop bogus voting
 Multiple cut-off dates will allow more eligible people to be registered as voters
 seeks to redress discrimination against male spouses of female armed services employees
 Will allow the ECI to track migrant workers and improve their election participation.
What are the issues related to act?

 Aadhar linking is not mandatory (SC Judgements)
 Risk of Disenfranchisement
 Privacy concerns
 No data protection law
 Possibility of political profiling
Way Forward
 Formulation of Comprehensive legislation
 Suitable institutional and technological mechanisms need to be developed
 Steadfast implementation of Personal Data Protection Law
COMPETITION (AMENDMENT) BILL, 2022

Why in News?
Ministry of Corporate Affairs (MCA) has introduced a draft Competition (Amendment) Bill, 2020 to
overhaul the Act
What are the features of the bill?

 A board with part-time members to supervise CCI activities.
 CCI to mandatorily issue penalty guidelines and give reasons in case of any divergence
 CCI can make appeals to the National Company Law Appellate Tribunal conditional on a pre-
deposit of up to 25% of the penalty imposed by the CCI.
 Introduction of a green channel for merger applications
 recognizes other forms of cartels such as hub-and-spoke cartels
 Has a catch-all provision to enable the CCI to deal with anti-competitive pacts irrespective of
the structural relationships between parties.
What is the need for the Competition Commission (Amendment) Bill 2020?
 to ensure fair play and protection for both the players who are providing the goods and
service
 to improve regulatory set-up by increasing the CCI’s accountability
 To give CCI flexibility and enforcement efficiency
 will bring powers of CCI on par with SEBI
What are the limitations of the bill?

 Does little to address competition concerns in digital markets
 No effective clause for regulating anti-competitive conduct by digital platforms
 Industry bodies and experts had opposed the proposal to give the authority to appoint the
Director General of the investigative arm of the Competition Commission of India to the
watchdog itself - may compromise the autonomy of the Director General

Way Forward
 More autonomy to Director General
 Proper rules for digital platforms
MODEL TENANCY ACT
Why In news?
Assam has become the first state to adopt the Model Tenancy Act
What are the features of bill?

 Requires the landlord and tenant to sign a written agreement which specifies the rent, period
of tenancy and other related terms.
 Conditions for eviction of tenant under the Model Act : (i) refusal to pay agreed upon rent; (ii)
failure to pay rent for more than 2 months; (iii) occupation of part or whole of premises
without written consent; and (iv) misuse of premises despite a written notice.
 Establishes a three-tier quasi-judicial dispute adjudication mechanism (i) Rent Authority; (ii)
Rent Court; and (iii) Rent Tribunal.
 Rent Authorities and Rent Courts may be established by the District Collector with the
approval of the state government.
What are key issues with the bill?

 may not resolve key issues in the rental housing sector that it seeks to address
 Micromanaging of rental agreement by centre
 Mandating submission of Aadhaar number to register a rent agreement may violate a
Supreme Court judgement
 The timeline for resolution of some disputes by adjudicatory bodies has not been specified
 violation of right to privacy under MTA arises from the uploading of details of tenancy
agreements
Way Forward
 Address issues such as availability, affordability, and the need to formalise the rental housing
market
 Details which may be mutually agreed upon by contracting parties when signing an
agreement
 Centre should have also looked into
 Incentivizing tenants and landlords through subsidies and tax exemptions
 Encouraging public-private partnership in residential rental management
 Enhancing access to finance for low-income segments.

Polity RRP Mains

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Polity RRP Mains

Uploaded by

Copyright:

Available Formats

Polity Ready Reckoner

www.laexias.com Page 1 elearn.laex.in

Sl. No. Topic Page No.

4. Union and State Legislature Related 14 – 16

5. Local Governance Bodies Related 16 – 19

6. Constitutional and Non Constitutional Bodies Related 19 – 20

9. Bills, Laws, Rules 24 - 28

www.laexias.com Page 2 elearn.laex.in

1. CONSTITUTION BASIC PROVISION AND STRUCTURE

Why India Needs UCC?

What are the arguments Against UCC?

What is the Way Forward?

ESSENTIAL RELIGIOUS PRACTICE TEST

What is Essential Religious Practice Test?

Group-1_Mains Page 1 https://manalaexcellence.com

What Are The Criticisms Against Essential Religious Practice Test?

How does Essentiality Square up against Religious Freedom?

LOCAL RESERVATION IN PRIVATE SECTOR

What are Causes for Such Laws?

What is the Significance of such Law?

What are issues Related with Actual Implementation of such Law?

Group-1_Mains Page 2 https://manalaexcellence.com

Who is a Minority and who decides that?

What does the Constitution say about Minorities?

What are the various SC Judgements about defining Minorities?

What are the issues surrounding defining of Minorities?

Group-1_Mains Page 3 https://manalaexcellence.com

Anti -Conversion Law

What is the rationale behind the Law?

Is religious conversion more of a Politico-Socio-Economic issues rather than religious

What are the various HC/SC Judgements about Conversion Laws?

What are the issues with Anti-Conversion Law?

Group-1_Mains Page 4 https://manalaexcellence.com

What is the right to be Forgotten?

What is the status of law in India?

Which countries have such laws?

What is the importance of ‘Right to be Forgotten’?

What are the challenges associated with ‘Right to be Forgotten’?

Group-1_Mains Page 5 https://manalaexcellence.com

RIGHT TO SPEEDY TRIALS

What is status of right to speedy trials in India?

What are the reasons for current State of Undertrials?

What are the initiatives taken by the Government?

Group-1_Mains Page 6 https://manalaexcellence.com

What is the Sedition Law?

What are the Supreme Court Judgements related to Sedition Law?

What are the arguments in favour & against Sedition Law?

Group-1_Mains Page 7 https://manalaexcellence.com

SOCIO ECONOMIC CASTE CENSUS

What are arguments for and against Caste Census?

What is Asymmetric Federalism?

What are reasons for Asymmetric Federalism?

Group-1_Mains Page 8 https://manalaexcellence.com

Administrative Reasons: UTs - too small to independent state or cultural differences

What are Criticism against Asymmetric Federalism?

INTER STATE BORDER DISPUTES

What are the various Inter State Border Disputes in India?

Haryana- Himachal Pradesh

Group-1_Mains Page 9 https://manalaexcellence.com

REFORMING SEVENTH SCHEDULE

What is the Seventh Schedule of Constitution?

Why does Seventh Schedule needs a relook?

Group-1_Mains Page 10 https://manalaexcellence.com

NATIONAL JUDICIAL INFRASTRUCTURE AUTHORITY OF INDIA (NJIAI)