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Coverage of Complete CA of 2022

Comprehensive Current Affairs for Prelims
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P LITY
CURRENT AFFAIRS SIMPLIFIED
For UPSC CSE Prelims & Other Competitive Exams
Indian Polity
Current Affairs Simplified
Comprehensive coverage of all current topics of the last one year
for UPSC Prelims and other competitive exams
Study IQ Education Pvt. Ltd.
Indian Polity: Current Affairs Simplified 1st Edition by Study IQ Publications
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Preface
Dear Aspirants,
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Table of Contents
1. CONSTITUTION AND RELATED ISSUES�� 1 4. JUDICIARY�� 30

Reservation in Private Sector ��1 Live Streaming of Supreme Court Proceedings ��30
Quota for Vanniyar community��1 National Judicial Data Grid��30
Economically weaker Sections Quota ��3 Constitutional Bench of Supreme court��31
Right of Speech of Ministers ��3 Judicial Accountability ��32
Right to Privacy �� 4 Inter-operable Criminal Justice system: ��32
Uniform Civil Code �� 5 Regional Languages in the Legal system: ��33
Essential Religious Practice ��5 Women in Judiciary��33
Anti conversion laws in India ��6 Sealed cover Jurisprudence: ��34
Minority status in India��7 Supreme court view on Bail Provisions��34
Official language Status ��7 Legality of Online Gaming��35
Marital Rape�� 36
2. FEDERAL ISSUES�� 9
Rights of LGBTQIA+��37
Vice chancellor of University��9 Bail provision under UAPA ��38
Governor address under Article 176��10 Alternative dispute resolution��38
Remission of Sentences��10
Foreign Visit of State Government Ministers��11 5. GOVERNANCE�� 40
Special category Status��12 Content Regulatory powers of Information &
Inter State Boundary Dispute��13 Broadcasting Ministry��40
Inter State River Disputes ��13 Safeguarding Aadhaar Data��41
Deputation of DIG’s��41
3. ISSUES RELATED TO LEGISLATURE/LAWS/BILLS Census exercise delayed till 2024 -25��42
�� 15 First Information Report��43
Rule 267 of Rajya Sabha��15 National Pharmaceutical Pricing Authority��43
Secretary General of Rajya Sabha��15 Quality Council of India (QCI)��44
Deputy Speaker �� 16 National Credit Framework (NCrF)��45
Suspension of MLA’s from Maharashtra��16 Performance Grading Index for Districts (PGI-D)��46
Joint Parliamentary committee: ��17 Global Centre for Traditional Medicines – Gujarat46
Delegated Legislation��18
Addition to Scheduled Tribes list ��18 6. ELECTIONS�� 48
Right to Information Act 2005��19 Expenditure Limits under RPA,1951��48
Places of Worship Act, 1991��20 Electoral Bonds�� 48
Foreign Contribution (Regulation) Act 2020��20 Elections Laws (Amendment) Act, 2021��49
Prevention of Money laundering Act, 2002 (PMLA) Political Parties - Recognition criteria:��50
�� 22 Election Symbol�� 51
Abortion Laws in India ��23 Delimitation commission��52
Protection of children from Sexual Offenses Act Remote Electronic Voting Machine��52
2012 (POCSO)�� 24
Armed Forces (Special Powers) Act, 1958��25
Narcotics and Psychotropic Substances Act, 1985�26
Criminal Procedure (Identification) Rules, 2022��27
Digital Data Protection Bill 2022��28
Constitution and Related Issues 1
Constitution and Related Issues

Reservation in Private Sector
Context
• On January 15th 2022 the Haryana State Employment of Local candidates, 2020 came into force.
• In a recent Judgment the Supreme court lifted the interim stay imposed on the Haryana State Employment of Local
Candidates, 2020 by the High court stating that sufficient reasons for staying the legislation had not been given by
the High court.
About Haryana State Employment of Local Candidates Act, 2020
• Implementation: The act came into force on January 15th, 2022
• Provision: Provides for 75% reservation to local youngsters in private sector jobs.
• Limited to private sector jobs which offer a monthly salary of less than ₹30,000.
• Coverage: Private companies, societies, trusts and partnership firms.
• Sunset clause: The law will remain in force for a period of 10 years.
Related Information:
• Extent of the Act: The act is related to Private Sector and does not extend to jobs under Centre and State Government:
This is because Article 16 of Indian constitution guarantees equal treatment in case of Public Employment with certain
exceptions.
• Distinction under the Law: The act makes distinction (in relation to those who will be able to avail the benefits of
reservation) on the basis of people ‘domiciled’ in the state not on the basis of ‘place of birth’. This is because Article
15 of the Indian constitution prohibits discrimination on the basis of place of Birth.
• Meaning of Domicile: The act has made a distinction made on domicile there are certain key facts which one needs
to know about Domicile.
Definition: In simple words, Domicile means a place where one intends to have a Permanent Home.
Characteristics: Domicile is a legal construct which determines where an Individual 1) Votes 2) Claims Benefits 3)
Obliges to Government Authority 4) Pays Taxes
Types of Domiciles: ‘Domicile by birth’ refers to the Home which one shares with his Parents. ‘Domicile by
Dependency’ is the home until one reaches maturity. ‘Domicile by choice’ is one’s fixed and permanent home.
Different from Residence: Resident can be defined as any place where one actually lives (resides). It is different
from Domicile, which is a ‘legal residence’ where one is registered to vote, license a car etc. There can be many
residences but only one Domicile. For example Wealthy person can have ‘several residences’ but only one of their
many homes can be their ‘official domicile’ for legal purposes.
Linking with the Static:
Provisions under Article 14, 15, 16 of the Indian constitution. Refer to the SIP: Polity Static Booklet to study the
provision in detail.
Quota for Vanniyar community

Context:
• Supreme Court struck down 10.5% reservation for the Vanniyar community as invalid.
© Study IQ Publications
2 Indian Polity: Current Affairs Simplified
Fact for Prelims:

• Concept of Backward community: Vanniyars are categorized as ‘Most Backward community’ in Tamil Nadu. Refer
to the diagram below to understand the concept of most backward community provided in the Tamil Nadu Special
reservation act.
• Ninth schedule of Indian constitution: Tamil Nadu Special reservation act is protected under Ninth schedule of the
constitution. Therefore, one needs to know certain key facts related to the 9th schedule of the Indian constitution.
Introduction: It was introduced on 10th May 1951 by the Jawaharlal Nehru Government
Objective: It aimed at protecting land reform laws from being challenged on grounds of violation of Fundamental
Rights.
Origin: It was not found in the original constitution but was later added by the First constitutional amendment
act. The amendment added Article 31 B which provides protection to laws placed under the 9th schedule from
Judicial scrutiny on the grounds that they violate basic structure of the Indian constitution.
Related Judgments: Previously, all laws placed under the 9th schedule were outside the scope of the Judicial
review. However, in the I.R Coelho case (also known as the Ninth schedule case) it was held by the court that any
law added in the Ninth Schedule after 24th April 1973 which is violative of Article 21 read with Article 19, Article
14 and the principles underlying there under could be challenged.
Since the law to determine the backward class has been brought by the State Government (under Tamil Nadu Special
reservation Act) one should know who possesses the right to determine backward classes.
• Determination of Backward class: Presently, both President (Central Government) + States have the right to notify
Socially and economically backward communities (OBC).
President has the power to notify a particular caste as Socially and educationally backward class under Article
342 A of the Indian constitution.
Later, the 105th constitutional amendment explicitly extended this power to the state Government.
• Justice Rohini commission: The commission was established for sub – categorization of OBC.
Provisions of Article 14, 19 and 21 of the Indian constitution. Also, the 102nd and 105th constitutional amendment
became important for the examination. Kindly refer to the SIP: Polity Static Booklet to study the provisions in detail.
Economically weaker Sections Quota

Context
The Five-judges bench of the Supreme Court by a 3-2 majority upheld the constitutionality of 103rd constitutional
amendment, 2019 which provided reservation to economically weaker sections (EWS).
About EWS reservation
• Constitution (103rd Amendment) Act, 2019: This amendment added two provisions -
Reservation in educational institutions: Article 15(6) has been added to provide reservations to people from EWS
for admission to educational institutions including private educational institutions (whether aided or unaided by
the State). However, this provision is not applicable to minority educational institutions.
Reservation in government posts: Article 16(6) has been added to provide reservations to people from EWS in
government jobs.
Quota: EWS are given 10% reservation in admission to educational institutions and in government jobs through
this amendment.
• Criteria for identification: Economic weakness shall be decided on the basis of “family income” and other “indicators
of economic disadvantage”.
Family income: Currently, in order to avail benefits of EWS reservation, the family income must be less than Rs
8 lakhs per annum.
Other indicators: There are other factors such as size of residential plot, ownership of agricultural land, etc. which
are considered while identifying beneficiaries for EWS reservation.
• Reservation capping: The SC in Indira Sawhney Case, 1992 held that reservation cannot cross 50%, unless a special
case was made out in extraordinary situations and peculiar conditions. The 103rd amendment is passed using this
‘special case’ exception.
• Exclusion of other sections: The SCs, STs, and OBCs are excluded from EWS reservation benefits. The SC held that
such an exclusion is not violative of their right to equality as there cannot be competition of claims for affirmative
action based on disadvantages.
• Implementation of DPSP: 103rd amendment is seen as implementation of the provision in article 46 which states that
the state shall promote with special care the educational and economic interests of weaker sections.
Related information
• Economic criteria: The SC held that the government can provide reservations on the basis of economic criteria and
such a provision of reservation is violative of basic structure of the constitution.
Linking with static
• Provisions under Article 14, 15, 16, and 46 of the Constitution, amendment power under Article 368 and the concept
of Judicial review become important for the examination. R efer to the SIP: Polity Static Booklet to study the provision
in detail.
Right of Speech of Ministers

Context
The five-judges bench of the Supreme Court held that the minister’s statement couldn’t be vicariously attributed to
the government, and the minister himself would be liable for such statements. It was also held that the restrictions on
freedom of speech of public functionaries cannot go beyond what is prescribed under Article 19(2) of the Constitution,
which are exhaustive and applicable to all citizens.
About
• Right to freedom of speech of ministers: Members of parliament, including ministers, have the right to freedom of
speech in the parliament. According to article 105, MPs are not liable in any court proceedings in respect of anything
said by them in the parliament or its committees.
• Difference from article 19: The freedom of speech for parliamentarians under article 105 is not restricted specifically
by the reasonable restrictions as is the case with article 19. However, the presiding officers can regulate the freedom of
speech of MPs in the Parliament by expunging unparliamentary words, issuing warnings, suspension of members, etc.
• Application of article 19 to ministers: Ministers, being citizens, also enjoy freedom of speech and expression under
article 19. However, the oath of secrecy acts as an additional restriction on their freedom of speech apart from the
reasonable restrictions mentioned in article 19(2).
Related Information
• Reasonable restrictions under article 19(2): The grounds on which freedom of speech and expression can be restricted
are - The sovereignty and integrity of India, The security of the State, Friendly relations with foreign States, Public
order, Decency or Morality, Contempt of court, Defamation or Incitement to an offense.
• Application of Article 19: Recently, the five-judges bench of the SC held that the fundamental rights under article 19
are enforceable even against persons other than the state and its institutions. This judgment paves the way for filing
writ petitions against the private individuals or entities for their actions which are violative of article 19.
Linking with static
• Provision under Article 19, parliamentary privileges become important for examination. Refer to the SIP: Polity Static
Booklet to study the provision in detail.
Right to Privacy
Context:
• Digital Data protection bill, 2022 had been in the news as the Government had recently filed an affidavit in the court
saying that it intends to bring the bill in Parliament at the earliest and had initiated the process of consultation with
public and other stakeholders. The bill has brought the concept of Right to Privacy back in news
About Right to Privacy:
• Definition: The right to Privacy is an element of various legal traditions which restrains both government and private
action which threaten the privacy of an Individual.
• Provision in India: Right to Privacy was held as an intrinsic part of ‘Right to life and personal liberty’ under Article 21
of the Indian constitution. Three facets of Right to privacy i.e. privacy of body, information and choice are protected
under Article 21 of the Indian constitution.
• Nature: Similar to other Fundamental rights the Right to privacy is not an absolute one. However, the law encroaching
upon the right to privacy should be fair, just and reasonable. In addition it must pass the triple test of:
Legality i.e. State action needs to have a legislative mandate i.e. a law needs to be passed.
Need i.e. the law should pursue a legitimate state aim
Proportionality i.e. that is the law should ensure a rational nexus between the objects and the means adopted
to achieve them.
• International conventions: Right of Privacy is integral part of the following conventions:
Universal Declaration on Human Rights and International Covenant on Civil and Political Rights, 1966
European Convention on Human Rights: Article 8 recognizes the “right to respect for private and family life”
Position of India: India is signatory of all major international conventions which advocates Right to Privacy i.e. UN
Charter (1945), Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political
Rights (1966), which affirms “the natural dignity of man”.
Provisions and extent of Article 21 of the Indian constitution. Refer to the SIP: Polity Static Booklet to study the
provisions in detail.
Uniform Civil Code

Context
• Uttarakhand Chief Minister announced that Uniform civil code will be implemented in the state.
• Mizoram Assembly adopts resolution opposing any move to implement Uniform Civil Code
About Uniform civil code
• Definition: Uniform Civil Code seeks to merge all ‘personal laws’ to create a single law for all religious communities.
• Scope: This single law shall govern matters such as Marriage, Divorce, Inheritance, adoption etc.
• Provision: Forms part of Directive Principles under Article 44 of the Indian constitution. Article 44 of Indian constitution
states that ‘State shall endeavor to secure a UCC for the citizens throughout the territory of India’.
• Current status: Indian laws do not follow Uniform Civil Code (UCC) in majority of civil matters At present Marriage
and divorce of different communities is governed by different laws for example for Hindus there is Hindu Marriage
act, for Christians the Indian Christians marriage act etc.
• Goa is the only state in India which has a Uniform civil code.
Related Information
• Legislative powers to make laws on Uniform civil code lies with both Centre and States.
• Personal laws form part of the concurrent list (i.e. both center and state can make laws on it).
Linking with the Static
• Important Directive Principles of State Policy and related provisions became important. Refer to the SIP: Polity Static
Booklet to study the provisions in detail.
Essential Religious Practice

Context
• Last year Karnataka government had issued an order to uniformly deny entry to women girls for wearing Hijab to
classes. Later the case went to Supreme Court where a split verdict was delivered. Recently the Supreme court listed
the case for urgent hearing, and decided to constitute a 3-judge bench for the same.
About Essential religious Practice
For Prelims the concept of Essential religious Practice is important as one important determinant which the court will
consider while deciding the matter is whether wearing Hijab forms the part of ‘Essential religious Practice’. Following
facts about Essential religious Practice are important:
• Origin: The concept was given by the court in the “Shirur Mutt case”.
• Objective: To decide 1) practices which are protected by the Constitution 2) The practices which the state can regulate.
Protection under Article 25 and 26 will be provided to only those practices which are essential to the religion i.e.
those practices whose removal will destroy the religion itself.
• Decision on Essential Religious Practice: Decision on essential or not essential practice is taken by the court itself.
The court uses the doctrines of religion to determine if a practice is an Essential Religious practice or not.
While hearing on Hijab ban in Karnataka High court the judges heard an argument on whether the state can justify
the ban on the ground that it violates ‘public order’. One needs to know certain facts related to Public order which have
been given below:
• Definition: In Ram Manohar Lohia vs State of Bihar (1965), the Supreme Court held that in the case of ‘public order’,
the community or the public at large have to be affected by a particular action.
• Reasonable restriction: Forms one of the 3 grounds on which the state can restrict freedom of religion. It also acts
as a restriction on Article 19 (1) (a), Article 19 (1) (b), Article 19 (1) (c).
• Objective: It aims to maintain public peace and safety in the area.
• Provision in the Seventh schedule: Under 7th schedule it forms part of the state list i.e. the power to legislate on
aspects of Public order lies with the state.
• Provisions of Article 25 - 28 of the Indian constitution. Refer to the SIP: Polity Static Booklet to study the provisions
in detail.
Anti conversion laws in India

Context:
• Anti-conversion bill known as The Karnataka Right to Freedom of Religion Bill, 2021 was passed by Karnataka legislative
Assembly. It is presently pending in the legislative council.
About Anti conversion laws:
• Objective: Its aim is to make religious conversion by force or allurement a “punishable offense”.
• Position pre - Independence: Laws related to Anti conversion did exist in the British era for example Patna freedom
of religion act, 1946.
• Current Status: No Central Anti conversion law exists in India. Laws on Anti conversion are enacted by the States
(Law Ministry has stated that law on Anti-conversion is purely a state subject. Presently, following States (not all) in
India have legislation on forceful conversions.
List of States with Anti-Conversion laws

State Year
Odisha 1967
Madhya Pradesh 1968
Arunachal Pradesh 1978
Gujarat 2003
Chhattisgarh 2006
Jharkhand 2017
Uttarakhand 2018
Himachal Pradesh 2019
Uttar Pradesh 2021
Related Information
Following Important Judgments are related to Anti-conversion:
Rev. Stainislaus vs State of Madhya Pradesh & Ors (1977)
• Case: The case considered the question whether the Fundamental Right to propagate includes the Right to convert
another person?
• Verdict: The court upheld the constitutionality of earliest Anti – conversion laws (Orissa and Madhya Pradesh). It was
also stated by the court that Right to Propagate under Article 25 (1) does not grant Fundamental Right to convert
another person.
Sarla Mudgal case (1995)
• Verdict: It laid down the principles against the practice of solemnizing second marriage by conversion to Islam, with
first marriage not being dissolved.
M Chandra Vs M Thangamuthu & Another (2010)
• The following test was laid down to prove Conversion
First, Conversion must take place
Second Acceptance into the community to which the person is converted.

Provisions under Article 25 - 28 of the Indian constitution. Refer to the SIP: Polity Static Booklet to study the
Minority status in India

Context:
• A Plea was filed in the Supreme court seeking ‘minority status’ for Hindus in States where their number is low. The
plea had cited the Judgment in TMA Pai case (2002) which said that State wise consideration of religious and linguistic
minorities should be done for the purpose of Article 30. The plea asked if the followers of Judaism, Bahaism and
Hinduism can establish ‘minority institutions’ in states where they are a minority.
About Minority status in India:
• Status of Hindus: Hindus are a majority at national level but in some states they can be found in minority. The
states/Union territories of Mizoram, Nagaland, Meghalaya, Manipur, Jammu and Kashmir, Ladakh, Punjab, Manipur,
Lakshadweep.
• Definition of Minorities: The constitution has not defined the word minorities however mention can be found in
Article 29, 30, 350A, 350B of the Indian constitution.
• Types of Minorities in Constitution: The following types of minorities can be found in the Indian constitution:
Article 29: Instead of the word minority, the term ‘section of citizens’ has been mentioned. Thus, provisions under
the article are applicable to ‘minority’ + ‘majority’.
Article 30: One can find mention of both Linguistic and religious minorities.
Article 350 A and 350 B: related to linguistic minorities only.
• Identification of Minorities can be done by both ‘Centre’ and ‘states’.
• Linguistic Minorities do not exist at the National level. Therefore, they are identified by State/ Union Territories.
• Religious Minority - When it comes to Minorities at national level all religious communities except Hinduism are
considered minority. At national level all religious communities except Hinduism are considered ‘minority’.
• National commission for Minorities Act: Empowered Centre to notify communities as minority. Centre has so far
identified six religious communities as National religious minority:
Muslims,
Christians,
Sikhs,
Buddhists
Zoroastrians (Parsis)
Jains (Were not there originally, added in 2014).
• Provisions under Article 29 - 30 of the Indian constitution. Refer to the SIP: Polity Static Booklet to study the provision
in detail.
Official language Status

Context
• Demands are being made about inclusion of Garo, Khasi and Tulu as official languages.
About Official language:
• Constitutional provision: Article 343 - 351 under Part 17 of Indian constitution deals with official languages.
• Inclusion as official language: Constitutional amendment is required to be added as an official language for example
Bodo, Dogri, Maithili and Santali were added by 92nd Constitutional Amendment Act
No fixed criteria exists for adding a language as an official language under the Indian constitution.
• Benefits: Following benefits are allocated if a language becomes the official language:
Language will be recognized by Sahitya Academy.
Translation of the “recognized language” literary works into other languages.
MPs/MLAs can speak the language in Parliament/State Legislative assemblies respectively
Option to take competitive exams including All – India competitive exam in the recognized language.
Special funding by the Central Government.
Teaching of the recognized language in primary and High schools.
Related Information
Yuelu Proclamation
• About: Document on protection and promotion of ‘world’s linguistic diversity’.
• Adoption: Adopted at the 1st international conference on language resources protection.
• Conference was held in China by UNESCO. Year - 2018
• Objective of the proclamation: It calls international community, states, government, NGOs, to reach a consensus on
protecting and promoting linguistic diversity in the world.
Federal Issues 9
Federal Issues
Vice chancellor of University
Context
The Assembly of Tamil Nadu has passed Bills to empower the Government to appoint Vice-Chancellors.
About Vice Chancellors
• About Vice - chancellors: Vice chancellors are responsible for leading the university’s academic and administrative
departments. Their role includes serving on university councils, assisting with policy development and academic
planning, preparation of budgets, and maintaining the institution’s positive image.
• Chancellor of universities: Governor is the honorary chancellor of all State owned universities
• Appointment of Vice chancellors in state: Vice chancellor are appointed by the Governor from the panel of three
names recommended by a search cum selection committee.
• Provisions related to Chancellor and Vice – chancellor: Following provision exists in State and Central universities.
In case of State Universities:
Governor of the State is the ex-officio chancellor of the universities in that State.
While acting as chancellor of state universities, the Governor is independent and takes all decisions on his own
(in other matters except discretionary ones he acts on the aid and advice of the Council of Ministers).
In case of Central Universities:
Visitor of Central university: Under the Central Universities Act, 2009, and other statutes, the President of India
shall be the Visitor of a Central University.
Role of President as Visitor: The Act adds that the President, as Visitor, shall have the right to authorize inspections
of academic and non-academic aspects of the universities and to institute inquiries.
Chancellor in central university: Chancellors in Central Universities are titular heads, who are appointed by the
President in his capacity as Visitor.
Appointment of Vice chancellor: Appointed by the President (Visitor) from a panel of names picked by search
and selection committees formed by the Union Government.
Related Information
• Gambhirdan K. Gadhvi vs The State of Gujarat (2022): In this case the Court gave the following judgments:
It quashed the appointment of Vice chancellor as no panel was formed by the search committee for the appointment
of Vice chancellor.
It also made it mandatory to have a panel for the purpose of appointment of Vice chancellor.
It ruled that in case the state law conflicts with UGC regulations the latter would prevail.
• While giving its judgment the court had cited the provisions under Article 254 of the constitution. Article 254 states
that ‘’If laws made by the State Legislature are repugnant to any provision of a law made by Parliament in case of
concurrent list the Parliamentary law will prevail’’.
• The only exception is when the state law which is repugnant to Parliamentary law has received Presidential assent it
will prevail (but Parliament can again pass law on the same matter).
• Provision related to Education: It forms part of the concurrent list under Schedule 7 of the Indian constitution.
• Provisions related to the Governor become important. Refer to the SIP: Polity Static Booklet to study them in detail.
Governor address under Article 176

Context:
• Recently, the Governor of Tamil Nadu, R.N.Ravi skipped certain paragraphs from his address to the Assembly and
departed from the official text of his speech at the opening address of the Legislative Assembly of Tamil Nadu for
the year 2023.
• As a result the Chief Minister demanded that only the original printed speech in Tamil be put in official records. The
Governor reacted to this in an unprecedented manner and walked out of the Assembly in protest.
About Governor Address:
• Special Address by Constitutional Head: Following the British practice, The Constitution of India under Article-176
provides for the Governor to address the respective legislatures on following two occasions:
To address the opening session of a newly elected legislature after a general election.
To address the First Sitting of the Legislature each Year.
Similar provision is provided under Article-87 of the Constitution in case of Presidential Address.
• Content of the address: The Governor’s address contains a review of the activities and achievements of the Government
in the previous year and the roadmap of future policies of the Government. Hence, the speech presented by the
Governor is drafted by the Government and the Government is solely liable for anything written in the address.
• Motion of Thanks: Conventionally, the Governor’s speech is followed by a motion of thanks moved in the legislative
assembly. Members can discuss it and amendments can be suggested on the motion. The Motion of Thanks must be
passed in the House otherwise, it amounts to the defeat of the Government. E.g. In 1967, the Government headed
by C.B. Gupta in U.P. and Gurmukh Singh in Punjab resigned due to defeat of motion of thanks.
• Governor’s unprecedented move: This is not the first time that any Governor departed from the convention. Following
are some Cases when there was deviance from the conventions relating to the address by Governor:
In 2022, the budget session in Telangana Assembly started without the Governor’s address, differing from the
Constitutional provision under Article-176.
In 2022, the Governor of West Bengal was not able to address the house because of chaos and protest in the house.
In 2018, Governor of Kerala omitted some parts of a speech prepared by the Government.
• Legality of such actions: In Habibullah vs. Speaker of West Bengal Assembly case(1966), the Calcutta High Court
ruled that the Governor cannot decline to deliver his/her address and refuse to fulfill his/her constitutional duty.
However, if the Governor failed to deliver his/her address, it is an irregularity not illegality. Hence, the Governor is
not legally liable for such actions.
• The Calcutta High court also held that the Governor may skip such portions of his/her address which do not deal with
the policies of the Government.
• Similarly in Yogendra Singh vs. State of Rajasthan case(1967) the High Court held that even if the Governor skipped
a part of speech, some portions read by him/her are good enough to deem the whole address as read.
• Provisions related to the Governor become important for the examination. Refer to the SIP: Polity Static Booklet to
study them in detail.
Remission of Sentences
Context:
• The Gujarat government released 11 convicts in the Bilkis Bano gangrape case of 2002 under its remission and
premature release policy.
Federal Issues 11
About Remission
• Constitution Provision: Under Articles 72 and 161 provides the President and Governor the power to remit a sentence
passed by the courts.
• Power to make laws: Prison is listed as a State subject under the 7th schedule of the Indian constitution. Thus, every
state comes up with its policy which governs the remission of sentences.
• Provisions under CrPC: Following provisions exist in Criminal Procedure code with regards to Remission Policy:
Section 432 of the Code of Criminal Procedure (CrPC) provides the State Government power to remit sentences
(state where crime is committed is referred to as ‘Appropriate government’ to remit sentences).
In 2012 it was held that before exercising the power of remission under Section 432 of the CrPC the appropriate
Government must obtain the opinion (with reasons) of the presiding judge of the convicting or confirming Court.
Section 433A provides that remission of sentences can be done only after 14 years of jail term has been completed
Section 435 provides that if the prisoner had been sentenced in a case where investigation was done by the CBI
(or any other agency) which probed the offense under a Central Act, the State government can order release only
in consultation with the Central government.
Provisions in case of death sentence: Central government can concurrently exercise the same power as the State
governments to remit or suspend the sentence.
Powers of remission under CrPC are different from constitutional powers of remission given to the President
and Governor. Under CrPC government acts by itself unlike Article 72/161 where they suggest the respective
government to suspend, remit or commute a sentence.
One should know certain key facts regarding Grounds for remission:
• Power of remission: Since State Governments have been given powers of remission the policy varies from state to state.
• Review Board: Sentence review board is set up by the state to exercise its powers of remission (under section 432
of CrPC).
• Grounds for remission: Grounds which are considered while granting remission include Seriousness of the crime, the
status of the co-accused, conduct in jail, chance of the crime being repeated in future, convict has lost the potential
to commit crime etc.
• Provisions related to Pardoning powers of the President and Governor become important for examination. Refer to
the SIP: Polity Static Booklet to study the provision in detail.
Foreign Visit of State Government Ministers

Context
• Recently, the Chief Minister of Delhi was denied permission to attend the World Cities Summit in Singapore by the
Union Government.
About - Provisions for approval of Foreign Visit of State Government Ministers
The provisions for approval of Foreign visits of State Government Ministers have evolved. Below we will look at quick
timeline of provisions for approval of Foreign visit of State Government Ministers:
1982 • The Cabinet Secretariat had issued an office memorandum to provide for foreign visits of State Government Ministers.
• The memorandum provided that Foreign visits by Members of the State Governments in official capacity would require
clearances from various Ministries.
• Ministries include Ministry of External Affairs (MEA) + Ministry of Home Affairs + Finance Ministry + Central
Administrative Ministry.
2004 • Provisions were modified to the extent that the final orders were to be issued by the Ministry of Finance and also
the approval would be needed from the Prime Minister office before an official visit.
2010 • Directive was issued which made it mandatory to get political clearances before private visits of Ministers in State
Governments.
Related Information
World Cities Summit
• About: World Cities Summit is an exclusive platform where government officials and industry leaders come together
to discuss issues relating to 1) liveable and sustainable cities, 2) exchange integrated urban solutions 3) create new
partnerships.
• Biennial conference: Global biennial conference hosted by Singapore.
• Organization of summit: The summit is organized by Singapore’s Centre for Liveable Cities and Urban Re-development
authority. This year’s Summit also featured the first-ever WCS Smart Cities Workshop.
• Theme of Summit 2022: The theme of World Cities Summit 2022 is “Liveable and Sustainable Cities: Emerging Stronger”.
• Facts related to First Summit: The first summit was organized in 2008 with the theme “Liveable and Vibrant Cities“.
• Provisions related to Union territory of Delhi become important for examination. Refer to the SIP: Polity Static Booklet
to study the provision in detail.
Special category Status

Context
• Bihar and Andhra Pradesh are consistently demanding Special category status for their respective states.
About Special Category status:
• Definition: Special category status is a classification given by the center to states which face certain geographical and
socio - economic disadvantages.
• Origin: The classification was done based on the recommendation of the Fifth Finance commission.
• Parameters: The parameters for categorisation are based on the Gadgil – Mukherjee formula. State are given Special
category status on the basis of following criteria:
Difficult or Hilly Terrain;
Nature of Population (Low Density or large share of Tribals)
Strategic Location along the Borders
Economic and Infrastructure Backwardness; and
Non - viable nature of State finances
Related Information
Certain benefits are assigned to states which are provided Special category status which are as follows:
1. Centre – State funding of Centrally - Sponsored scheme is split in 90:10 ratio.
2. Funds assigned do not lapse.
3. Concessions are provided to States under Excise and Custom duties, income tax etc.
• Some others facts which one should know about Special category status are as follows:
No provision in relation to Special category status exists in the constitution.
Assam, Nagaland and Jammu and Kashmir were the states which were given special category status for the first time
14th Finance commission: recommended that Special category status should be ended.
Plan assistance under Special category status is granted by ‘Central Government’.
• Provisions related to the Finance commission become important for examination. Refer to the SIP: Polity Static Booklet
to study the provision in detail.
Federal Issues 13
Inter State Boundary Dispute

Context
• Assam and Arunachal Pradesh have recently signed a declaration for resolving their seven-decade old boundary dispute.
• Five villagers from Meghalaya and an Assam Forest guard were killed in a firing incident along the Assam-Meghalaya
boundary.
About Inter State Boundary Disputes
• For Prelims one important thing one should know are major regions for Border Disputes in India.
Border dispute Region of Disputes

Arunachal Pradesh and • Dispute over transfer of Balipara and Sadiya foothills from Arunachal Pradesh to Assam’s Darrang
Assam Border Dispute and Lakshimpur district.
• Recently, Namsai declaration was signed between the two states to decrease the number of
disputed regions between the two states.
Assam – Meghalaya Border • There are more than 12 regions in which Meghalaya has a dispute with Assam.
dispute • District of Langpih in West Garo Hills is a major point of contention between the two states.
• Assam considers the region part of its Mihir district. Meghalaya Karbi Anglong region being part
of Assam.
Assam – Mizoram border • In the past, Mizoram used to be part of Assam.
dispute • Later, it was carved out of separate Union territory and subsequently became a state.
• Mizoram shares a border with the districts of Cachar, Hailakandi and Karimganj of Assam.
Assam – Nagaland region • Dispute between the two regions with respect to Merapani village, a small village next to plains
of Assam.
Maharashtra – Karnataka • Biggest border dispute in the country is between Maharashtra and Karnataka over Belgaum
region district.
• Belgaum region used to be part of Bombay Presidency from British time but was included in
Karnataka after the State reorganization act, 1985.
Ladakh – Himachal Pradesh • Union Territory of Ladakh and Himachal claim Sarchu.
border dispute • Region is located between Himachal Pradesh Lahaul and Spiti district and Ladakh Leh district.
• Sarchu is a major halt point for those traveling through Leh – Manali Highway.
Haryana – Himachal • Dispute between the two states happens over the Parwanoo region (region lies next to Panchkula
Pradesh district Haryana).

• Provisions related to Federalism and bodies for inter state comity such inter - state council, zonal councils become
important for examination. Refer to the SIP: Polity Static Booklet to study the provision in detail.
Inter State River Disputes

Context:
• The Karnataka Chief Minister has recently mentioned that the Inter – State River Dispute Act is creating more disputes
than resolving them.
About - Constitutional provisions relating to Inter State River Disputes:
• Constitutional provision: Article 262 of Indian constitution: Adjudication of disputes relating to waters of Inter – State
River or River Valleys.
Parliament by law (if it wishes to) can provide for adjudication of dispute or complaint about Inter – State River
or river valley.
Parliament by law (if it wishes to) can provide that neither the Supreme court or any other court can exercise
jurisdiction with respect to any dispute or complaint related to Inter – State River.
Using the Powers given to Parliament under Article 262 Parliament has enacted Laws –
River Boards Act, 1956:
• Provides for the establishment of River Board.
• Objective: To regulate and develop ‘Inter – State River’ or ‘River Valley’.
• Establishment: It is done on request of ‘State Government’.
• Nature: It is an advisory body
Inter – State River Dispute Act:
• Empowers the Central Government to set up an ad – hoc tribunal.
• Objective: Adjudicate dispute between 2 or more States in relation to ‘Inter – State river’.
• Decision of tribunal: Established to adjudicate dispute is ‘final’ and ‘binding’.
• Provision for courts: Bars Supreme or any other court to have jurisdiction with respect to Inter – State disputes.
• Composition: Chairman + Members of Water Dispute Tribunal are nominated by CJI.
• Provisions related to the Inter state River Dispute bill 2019 become important for the examination. Following are the
major provisions of Inter – State Water Dispute Amendment Bill, 2019 -
• Disputes Resolution Committee:
Formation: Central government will set up a Disputes Resolution Committee (DRC), to resolve the dispute amicably
after it receives a request from a state regarding any water dispute.
Composition: The DRC nominated by the central government will comprise a Chairperson, and experts with at least
15 years of experience in relevant sectors. It will also comprise one member from each state (at Joint Secretary
level) nominated by the concerned state government., who are party to the dispute.
Resolution of disputes: The DRC is required to solve the dispute through negotiations, within 1 year (Extendable
by six months) and submit its report to the Central government.
Provision in case of failure to resolve a dispute: In case of failure to settle the dispute the central government
should refer the matter to Inter - state river water dispute tribunal within three months.
• Permanent Inter - state water dispute tribunal:
Formation: All existing Tribunals will be dissolved and the central government will set up a single Inter-State River
Water Dispute Tribunal, for the adjudication of water disputes. This Tribunal can have multiple benches.
Composition: The Tribunal will consist of a Chairperson, Vice-Chairperson, three judicial members, and three expert
members. They will be appointed by the central government on the recommendation of a Selection Committee.
• Fixed time limit for tribunal award:
Time limit: The proposed Tribunal must give its decision on the dispute within two years, which may be extended
by another year, while earlier the time limit was three years and extendable by another two years.
Reference by state: If the matter is again referred to the Tribunal by a state for further consideration, the Tribunal
must submit its report to the central government within a period of one year. This period can be extended by the
central government for another 6 months.
• Decision of the Tribunal:
Binding decisions: The decision of the Bench of the Tribunal will be final and binding on the parties involved in
the dispute. Also the requirement of publishing the award in the official gazette by central government has been
done away with.
Scheme for implementation: It also makes it mandatory for the central government to devise a scheme for
implementation of the tribunal award.
• Data bank:
Maintenance of Data bank: The Central government has to authorise or appoint an agency to maintain a data
bank and information system at the national level for each river basin.
• Provisions under Article 262 and 263 need to be read in detail. Refer to SIP: Polity Static Booklet to study the provision
in detail.
Issues Related to Legislature/Laws/Bills 15
Issues Related to Legislature/Laws/Bills

Rule 267 of Rajya Sabha
Context
Recently, opposition members in the Rajya Sabha expressed their displeasure over non-acceptance of notices under
the Rule 267 of Rajya Sabha’s Rules of Procedure and Conduct of Business.
About Rule 267 of Rajya Sabha
• Rule 267: Under Rule 267 listed business of the day can be suspended to take up an urgent matter, with the approval
of the Chairman.
• Facts related to Rule 267: Following key facts related to Rule 267 are important:
Under the previous Chairmanship of M Venkaiah Naidu, not a single notice under this rule was accepted.
It was last accepted during the chairmanship of Hamid Ansari in 2016 on the issue of demonetization of currency.
Related Information
• Similar tool in Lok Sabha: Adjournment Motion is introduced only in Lok Sabha to draw the attention of the house
to a definite matter of urgent public importance.
• Provisions related to both houses of Parliament and various motions become important for examination. Refer to the
SIP: Polity Static Booklet to study the provision in detail.
Secretary General of Rajya Sabha

Context
• PC Mody replaced Ramacharyulu as Rajya Sabha secretary general.
• PC Mody appointment marks a rare occasion of an IRS officer becoming ‘Rajya Sabha secretary general’.
• Dr. P.P.K. Ramacharyulu – first-ever Rajya Sabha secretariat staff member who rose to become Secretary-General of
Rajya Sabha
About Secretary General:
• Function: 1) Head of Rajya Sabha Secretariat 2) Advisor to Chairman, Rajya Sabha.
• Appointment: By Chairman of Rajya Sabha
• Significance: 3rd most important functionary after 1) Chairman 2) Deputy – Chairman.
• Privileges: 1) Freedom from arrest 2) immunity from criminal proceedings 3) Obstruction + breach of his rights would
amount to ‘contempt of the House’.
• Surendra Nath Mukherjee: 1st Secretary General of Rajya Sabha.
• Article 98 – Provides for Secretariat of Parliament
Provides ‘separate secretariat staff’ for each house of the Parliament.
Can common posts be created for ‘both’ houses? Yes.
Regulation of recruitment + Condition of service – Done by Parliament via law.
President with the advice of Chairman or Speaker can make a provision to regulate recruitment/condition of
service till law is made by Parliament.
Linking with the static:

Provisions related to both houses of Parliament and presiding officers are become important for examination. Refer
to the SIP: Polity Static Booklet to study the provision in detail.
Deputy Speaker
Context
• The Deputy Speaker post has been vacant for more than 2 years.
About Deputy Speaker
• Presiding officers of Lok Sabha: Both Speaker and Deputy Speaker are Presiding officer of Lok Sabha.
• Function: To perform the duties of office of Speaker during vacancy or absence of Speaker from sitting of the house.
2) Resignation of Speaker - Speaker writes his resignation to the Deputy Speaker.
• Election of Deputy Speaker: Provision of election of Deputy Speaker is found in Article 93 of the constitution.
• Deputy Speaker is elected by ‘members of Lok Sabha’ from amongst its members.
No Timeline for election is provided in Article 93.
Date of election of the Deputy Speaker is fixed by the Speaker.
Convention with regards to Deputy Speaker – Since, 11th Lok Sabha a convention has developed that Deputy
Speaker belongs to the opposition party (Unlike Speaker who is from the ruling party).
• Term of Office: Deputy Speaker remains in office usually during the life of Lok Sabha (5 years).
• Removal: Removed by a resolution passed in the Lok Sabha by an ‘effective majority of members’.
• Provisions related to the post of Speaker and Deputy Speaker become important from the perspective of the
examination. Refer to the SIP: Polity Static Booklet to study the provision in detail.
Suspension of MLA’s from Maharashtra

Context
• The Speaker of the Maharashtra Legislative Assembly suspended 12 MLAs for one year for their alleged misbehavior
with him.
• These suspended MLAs challenged the decision of the speaker in the Supreme Court.
• The Supreme Court quashed the suspension of MLAs by terming it unconstitutional and arbitrary.
About Suspension of MLA’S/MP’s (Member of Legislative assembly/Parliament):
• Reasons for which MLAs/MPs can be suspended: Unruly behavior, disregarding rules of the concerned house of
legislature, disregarding the authority of the presiding officer of the concerned house of legislature, persistently and
willfully obstructing the business of the house of legislature, etc.
• Rules regarding suspension of MLAs/MPs: Following are the important rules regarding suspension of MLA’s/MP’s
Provision in Parliament: The suspension in Lok Sabha is governed under rule 374 and 374 A of rules of procedure
of Lok Sabha. In Rajya Sabha Rule 255 and 256 govern suspension of MP’s.
Provision in states: State assemblies have their own rules of procedure to conduct business of the legislature
which are largely similar to rules in the parliament for example Maharashtra Legislative Assembly is governed by
Rule 53 of rules of procedure for Maharashtra legislative assembly
• Duration of suspension: Above-mentioned rules of procedure mention the maximum duration of suspension as
‘remainder of the session’.
• Supreme Court’s observations: Following important observations were made by the Supreme court:
A constituency of a suspended MLA is left unrepresented for one year which is a punishment for the constituency
as a whole.
The SC linked provision of article 190(4) to the case which says that if a member of legislature of the state remains
absent for 60 days from proceeding of the house without permission of the house, the house may declare his/
her seat as vacant.
The SC also mentioned provision of RPA, 1951 – bye-election for filling any vacancy shall be held within a period
of 6 months from the date of occurrence of such a vacancy.
From these provisions, the SC interpreted that a resolution to suspend the MLAs beyond the duration of a session
is unconstitutional, illegal and beyond the powers of the assembly.
• Article 212: Courts are barred from enquiring into proceedings of the legislature of a state. (Important note - As
per the SC, above case involved violation of constitutional provisions as well. So, the SC was not acting against the
provision of article 212 in the above case of suspension of MLAs)
• Article 122: Courts are barred from enquiring into proceedings of the Parliament.
Linking with the static:
• Constitutional, statutory and other provisions related to suspension of MLAs become important for examination. Refer
to the SIP: Polity Static Booklet to study the provision in detail.
Joint Parliamentary committee:

Context:
• Recently, the opposition demanded a probe into the allegations of fraud and stock manipulation against the Adani
Group by a Joint Parliamentary Committee.
• On 17 February, 2023 The Supreme Court in its verdict rejected the sealed cover from the Central Government
containing names of members for a committee to probe in the case and proposed to constitute a Committee by itself
to ensure full transparency.
Background:
• Formation: The JPC is an ad-hoc body set up by the Parliament for a special purpose for detailed scrutiny of any
particular bill or for any other purpose. It is constituted from a motion adopted by a house and agreed by another house.
• Members: The Committee has members from both the Houses of Parliament and from both ruling party and opposition.
There is no fixed strength of the Committee. Generally, the members from the Lok Sabha are twice in number than
that of Rajya Sabha. Ministers are not appointed as members in the Committee.
• Time period: There is no fixed tenure for the Committee. It is set up for a given period of time and dissolved after its
task has been completed.
• Mandate of the Committee: The mandate of the JPC depends upon the motion constituting it. E.g. The JPC on Stock
market Scam (2001) was mandated to look into financial irregularities.
Related information:
• Proceedings of the Committee:
1. The JPC can take oral and written evidence or call for any document connected to the matter.
2. The Committee can invite interested parties for inquiry and summon people to appear before it.
3. The proceedings of the Committee are confidential except in matters of public interests.
4. In case of disputes over calling for evidence, the decision of the Speaker is final.
• Recommendations of the Committee: The recommendations of JPC are not binding on the government.
• First JPC was formed in 1987 to investigate the Bofors Scandal. Till now 9 major Joint Parliamentary Committees have
been formed, the latest one is JPC on Data Protection Bill (2019).
• Provisions related to Parliamentary committees become important for the examination. Refer to the SIP: Polity Static
Delegated Legislation
Context:
• Recently, the majority ruling of the Supreme Court upheld the validity of the delegated legislation in the Centre’s
decision on demonetization in 2016.
• As per Section 26 of RBI Act, 1934 Central Government is provided with powers to notify that a particular denomination
of currency ceased to be legal tender.
• The court held that since the delegation of power is to the Central Government, which is anyway answerable to the
Parliament, the delegation of power cannot be struck down.
About Delegated Census
• Delegated Legislation: Since every aspect of law making cannot be dealt by the Parliament alone, it routinely delegates
certain powers to executive authorities. Delegated legislation is a process by which the executive authority is given
powers by the primary Legislation to make laws to implement and administer requirements of that primary legislation.
E.g. Regulations, Bye laws.
• The delegated legislation enables the Government to make laws without waiting for a new Act of Parliament to be
passed. However, the Legislature cannot delegate its ‘essential legislative functions’ to the executive.
• Previous Judgement: In Hamdard Dawakhana vs. Union of India case (1959), the Supreme Court struck down
delegation of powers on the grounds that it was vague. It held that the Central Government’s powers of specifying
diseases and conditions as given in Drug and Magic Remedies Act is uncontrolled and is going beyond the permissible
boundaries of parent legislation.
• Circumstances in which Delegated Legislation would be invalid:
1. Fundamental Rights or any constitutional provision is being violated.
2. The regulation is ultra vires to the provisions of the primary statute.
3. The delegated legislation can also be struck down on grounds of arbitrariness or vagueness.
Addition to Scheduled Tribes list

Context:
• The Union Cabinet approved the addition of four tribes to the list of scheduled tribes. These 4 communities are –
Hattee Community from Himachal Pradesh.
Narikoravan & Kurivikkaran community form Tamil Nadu.
Binjhia community from Chattisgarh.
Gond community from Uttar Pradesh.
About Scheduled Tribes:
• Constitutional Provision: Under Article 342 of the constitution the following provisions exist:
The President after consultation with the Governor of a concerned state, by public notification, may specify
communities as scheduled tribes in relation to concerned state.
Such a presidential order can be modified only by the parliament through a law.
• List of Scheduled tribes: Scheduled tribes are notified for each State/UT by Presidential notification. Communities
declared as a scheduled tribe in one state/UT need not be so in another state/UT. Example being Bhil community
which is notified as a scheduled tribe in Madhya Pradesh but not so in Jharkhand.
• Criteria for inclusion in ST list: No criteria is mentioned in the constitution. Generally, indications of primitive traits,
geographical isolation, backwardness, among others, are the factors that are considered for recommendation of a
community to be listed as a scheduled tribe.
• Process of inclusion: The following process is followed for including a community under Scheduled Tribes list:
Recommendations are made by the respective state governments and sent to the Union Ministry of Tribal Affairs.
The Union Ministry of Tribal Affairs reviews such recommendations and sends them to the Registrar General for
approval.
The Registrar General again reviews and in turn takes approval from the National Commission for Scheduled Tribes.
After these steps, the proposal is finally sent to the cabinet for a final decision.
Related Information
• Census, 2011: According to Census 2011 data ST population in India is 10.42 crore (8.6% of the country’s then
population). Madhya Pradesh has the highest tribal population in India.
• Ministry of tribal Affairs: It was constituted in 1999 after the bifurcation of Ministry of Social Justice and Empowerment.
• National Commission for Scheduled Tribes: It is a constitutional body under article 338-A. It was set up by the
Constitution (89th Amendment) Act, 2003.
• Important Committees/Commissions: Following important committees and commissions are important in relation
to Tribal communities:
U. N. Dhebar Commission: It was constituted in 1960 to address the overall issues faced by the tribal communities.
Lokur Committee: It was constituted in 1965 to look into criteria for defining scheduled tribes.
Bhuria Committee (1991): Its recommendations paved the way for enactment of the Panchayats Extension to
Scheduled Areas (PESA) Act, 1996.
Xaxa Committee (2013): It was mandated to examine socio-economic, educational and health status of tribal
communities and recommend interventional measures to improve the same.
• Provisions related to the National commission of Scheduled Tribes become important for examination. Refer to the
SIP: Polity Static Booklet to study the provision in detail.
LAWS IN NEWS
Right to Information Act 2005
Context:
• SC has asked the Union government to reply on plea seeking suo motu disclosure of information to public under RTI law.
• Supreme court has launched an online RTI portal which will make it convenient for people to access information
related to Supreme court.
• Recently draft of Digital Data Protection Bill was released which is proposing changes in the RTI Act related to provisions
regarding sharing of information.
About Right to Information Act:
• Basis of RTI: Article 19 (1) (a) i.e. Right to Freedom of speech and expression includes the right to know.
• In both State of Uttar Pradesh v. Raj Narain case and S.P. Gupta & Ors. v. The President of India case the Right to
Information was recognised as a fundamental right.
• Purpose: RTI aims to give information about ‘public functionaries’ to the citizens.
• Objective: It aims to increase ‘transparency’ and ‘accountability’ by giving information related to Public Authority.
• Certain exceptions: Information related to defense, weapon, RAW, Intelligence etc. does not come under Right to
Information. Other exceptions include:
Official Secrets Act, 1923 provides that any government official can mark a document as confidential so as to
prevent its publication.
Central Civil Services Act provides a government servant not to communicate or part with any official documents
except in accordance with a general or special order of government.
Atomic Energy Act, 1912 provides that it shall be an offense to disclose information restricted by the Central
Government.
Some provisions of Indian Evidence Act (Sections 123, 124, and 162) provide to hold the disclosure of documents.
• Definition of Public Authority: Constitutional bodies + Statutory bodies + bodies owned/financed/administered by

the Central/State/local Government.
• Central Information commissioner (CIC) is the authority to clarify whether an authority comes under public authority
or not.
• Provisions under RTI Act, 2005: RTI act provides 1) allowing access to Information 2) Specifies what information is
exempted 3) Procedure of getting the information.
• Suo motu disclosure i.e. ‘Voluntary disclosure’ of information is provided under RTI
• Section 8 of RTI contains Information which cannot be disclosed as it contains sensitive Information which 1)
Threatens the life of a person 2) breaches security of the country 3) reveals economic secrets 4) which can violate
an individual’s privacy.
One should know about certain key facts related to filing of RTI Application. These have been given below:
• Filed by a citizen (needs to pay a minimal fees of Rs 10 exempted if Below Poverty Line)
• Components → Information wanted, Address for communication
• Public Information officer (PIO) → needs to give information (Time limit: within 30 days)
• In case PIO refuses information → citizen can approach appellate authority (still unsatisfied) → Can approach Central/
State Information commissioner.
• It is not necessary for information seeker to give the purpose for asking Information
• Can be filed in ‘any’ of the official languages (mentioned in the 8th schedule).
• Provisions under Article 19 become important for examination. Refer to the SIP: Polity Static Booklet to study the
Places of Worship Act, 1991

Context:
• Varanasi civil court in its judgment had ordered a videographic survey of the Maa Shringar Gauri Sthal at the Kashi
Vishwanath temple-Gyanvapi mosque complex. This order was challenged in the Supreme court on the grounds that
it violates Places of Worship (Special Provisions) Act, 1991. Supreme court refused to put a stay on the orders of the
civil court.
About Places of Worship (Special Provisions) Act, 1991:
• About the act: The long title describes it as “An Act to prohibit conversion of any place of worship and to provide for
the maintenance of the religious character of any place of worship as it existed on the 15th August, 1947, and for
matters connected therewith or incidental thereto.”
• Provisions under the act: Thus, the act has the following provisions:
Prohibition: It prohibits conversion of a religious place as it existed on 15th August, 1947.
Provision: It provides for maintenance of the religious character of a place of worship as it existed on 15th August,
1947.
• Implication of the act: This provision of the act implies that a mosque would be maintained as a place of worship for
Muslims, similarly a temple would be maintained as a place of worship for Hindus. The law prohibits any challenge to
the religious character of any place as it existed as on 15th Aug 1947. This date of 15th August 1947 has been criticized
as arbitrary by many groups and is believed to have abridged the right of religion of Hindus, Jains, Buddhist and Sikhs.
• Provisions related to Article 25 - 28 of the constitution become important along with the definition of secularism.
Refer to the SIP: Polity Static Booklet to study the provision in detail.
Foreign Contribution (Regulation) Act 2020

Context
• SC upholds constitutional validity of amendments to provisions of Foreign Contribution (Regulation) Act, 2020.
• PM CARES Fund received an exemption from all provisions of the Foreign Contribution (Regulation) Act.
• Union Home Ministry suspended licenses of some NGOs who were alleged to have used foreign contributions for
religious conversion.
• Recently, The Ministry of Home Affairs has cancelled the Foreign Contribution (Regulation) Act (FCRA) licence of the Rajiv
Gandhi Foundation (RGF) and Rajiv Gandhi Charitable Trust (RGCT) for alleged violations of the provisions of the Act.
About Foreign contribution (Regulation) Act:
Foreign contribution (regulation) Act 2010:
• Objective: The act aims to fulfill the following objectives:
Regulation of ‘acceptance’ or ‘utilization’ of foreign contribution / funding by Individual / Association / Companies.
Prohibits ‘acceptance’ or ‘utilization’ of Foreign contribution for activity detrimental to the National Interest.
• Origin: The act was enacted during the Emergency in 1976. There were apprehensions that foreign powers were
interfering in India’s affairs by funding independent organizations.
• Implementation: The act is implemented by the Ministry of Home Affairs.
• Requirements for registration: FCRA requires every person or NGO seeking to receive foreign donations to be:
Registered under the Foreign contribution regulation Act.
To open a bank account for the receipt of the foreign funds in SBI, Delhi.
Utilize funds only for the purpose for which they have been received and as stipulated in the Act.
NGO are required to file annual returns, and they must not transfer the funds to another NGO.
• Process of registration under FCRA: For granting FCRA registration the following process is followed:
NGO seeking registration applies online in a prescribed format.
Organizations seeking registration under FCRA (Foreign contribution regulation act) should have definite cultural,
economic, educational, religious, and social programmes.
After application the Ministry of Home Affairs (through Intelligence bureau) makes inquiries into antecedents of
the organization. Approval or rejection of application needs to be done within 90 days.
Application is canceled in case the application is fictitious or benami, prosecuted or convicted for indulging in
activities aimed at conversion, prosecuted for creating communal tension, found guilty of mis - utilization of funds;
engaged in sedition.
Registration under FCRA remains valid for a period of five years (needs to apply within 6 months for renewal once
registration expires).
Latest amendments done to FCRA (Changes brought by FCRA amendment 2020):
Parameters Original clause under FCRA Act 2010 Provision added by the amendment
Prohibition on Act prohibits acceptance of Foreign contribution Amendment added ‘Public Servant’ to the list of
acceptance 1. Election Candidates those Prohibited to take Foreign contribution.
of Foreign 2. Editor or Publisher of Newspaper
contribution
3. Judges
4. Government servants
5. Members of legislature
6. Political Parties etc.
Transfer of Foreign Transfer of Foreign contribution: Amendment prohibits transfer of foreign
contribution 1. T he Act states that Foreign contribution can only be contributions received to any other person.
transferred to a Person who is Registered to accept
such Foreign Contribution.
2. Individuals have to take ‘prior permission’ from the
Government.
Parameters Original clause under FCRA Act 2010 Provision added by the amendment
Requirements for Provisions under the Act Amendment provides a requirement for getting
receiving Foreign 1. Get ‘Certificate of Registration’ from the Government. registration, renewal or prior permission.
contribution. 2. Get ‘prior approval’ from the Government. (non – 1. M
ade Aadhar mandatory: The Individual ‘must’
registered firms). provide ‘Aadhar number’ of its 1) Office – Bearers
3. A
n application needs to be made by a Individual 2) Directors 3) Key functionaries
seeking registration / prior approval. 2. P
rovision for Foreigner – Need to provide
passport or Overseas citizen of India card.
FCRA Account (in Provisions w.r.t receiving Foreign contribution Amendment
which funding is 1. ‘Registered Person’ must accept Foreign contribution 1. Foreign contribution must be received only in
received) in a single branch of Scheduled Bank specified by an account designated by the bank as “FCRA
him. account”.
2. B
ranch - State Bank of India, New Delhi, as
notified by the central government.
Regulation powers If an Individual accepting foreign contribution is found Amendment: Government can restrict use of
of the Government guilty of violation he will need ‘prior approval’ of Central ‘unutilised foreign contribution’ for Individuals
Government to use ‘unutilised foreign contribution’ who have been given ‘prior permission’.
License renewal Renewal of license must be done within six months of Amendment provides that the Government can
expiration. conduct an inquiry before renewal of certificate.
Use of Foreign Provisions under the act Reduction in use of foreign contribution for
contribution for Not more than 50% of the Contribution can be used for administrative purposes
administrative administrative purposes. This limit has been decreased from 50 to 20%.
purpose
Suspension of Suspension of registration Amendment Suspension can be extended by an
registration Under the act, Government can suspend registration addition of 180 days
for not more than 180 days
Related Information
Recently FCRA Rules, 2022 were notified by Ministry of Home Affairs:
• Increased compoundable offenses: The number of compoundable offenses under the act were increased to 12.
• Exemption limit increased: The limit for exemption to intimate Government for contribution received from relatives
abroad has been increased to 10 lakh. In simple words Indians will be able to receive upto ₹ 10 lakh in a year from
relatives abroad without informing authorities.
• Time limit: The time limit to inform the Central Government for funding received from relatives above 10 lakh has
been increased to 3 months.
• Window of time for intimating change has been widened to provide ease such as in case of change of bank account,
name etc, the timeline to inform the same has been increased to 45 days.
Prevention of Money laundering Act, 2002 (PMLA)

Context
• A 3-judges bench of the Supreme Court upheld the Enforcement Directorate’s (ED) powers relating to arrest, attachment
of property involved in money laundering, and search & seizure under the PMLA, 2002.
About Prevention of Money laundering act, 2002 and ED:
• Definition of Money laundering: In simple words, the process of converting illegally earned money (black money)
into legitimate money (white money) is known as Money laundering.
• Legislation to prevent Money laundering: To prevent money laundering in India in 2002 the Prevention of Money
laundering act was brought. It is a criminal law which aims to prevent money laundering and provides power to
confiscate property derived from laundered money. The act was brought to fulfill India’s obligations under the Vienna
convention on money laundering.
• Core objectives of PMLA: The act aims to fulfill the following core objectives:
Prevention and controlling money laundering.
Confiscation and seizing of property involved in or derived from money laundering.
Penal provisions to punish the offenders.
Appoint authorities to adjudicate matters related to money laundering.
Maintain records and to put obligations on financial institutions, banking companies etc.
• Enforcement: The provisions under the Prevention of money laundering act 2002 are enforced by the Enforcement
Directorate which are given extensive powers of arrest, attachment of property, search and seizure etc.
• Enforcement Directorate: It is a multi-disciplinary organization mandated with investigation of economic crimes and
violations of foreign exchange laws. It is an executive agency under the Department of Revenue, Ministry of Finance
(GoI).
• Functions: Enforcement Directorate is responsible for enforcing provisions under the following laws - 1) The Foreign
Exchange Management Act, 1999 2) The Prevention of Money Laundering Act, 2002 3) The Fugitive Economic Offenders
Act, 2018.
• Role of ED in relation to PMLA: The ED has been given responsibility to enforce the provisions of the PMLA by
conducting investigation
to trace the assets derived from proceeds of crime,
to provisionally attach the property, and
to ensure prosecution of offenders and confiscation of property by the Special Court.
• Important Facts related to Enforcement Directorate: Below are some important facts related to the Enforcement
Directorate which one should know about:
Not a police agency: Enforcement Directorate is not classified as a police agency. This means that ED is not bound
by the procedures and standards set for criminal investigation under the Criminal Procedure Code, 1973 (CrPC).
Special powers: The ED enjoys unique power to compel accused persons to make self-incriminating statements
by imposing a fine on accused persons who are withholding information or lying.
Related Information
Few other important things one should know about Prevention of money laundering act and ED are:
• Enforcement Case Information Report (ECIR) –
It is an internal document of ED which contains details of a case registered by the ED under the PMLA.
ECIR is often termed as ED’s equivalent of First Information Report (FIR).
The Supreme Court, recently, held that ECIR is not a FIR and providing ECIR to the accused is not mandatory in
every case.
• Bail provisions under the PMLA, 2002: Bail provisions under PMLA are in news as they impose considerably onerous
conditions for bail. In complete contrast to criminal law, which functions on the presumption of innocence of the
accused person, the PMLA requires an accused to prove that they are not guilty (reversal of presumption of innocence),
to receive bail.
Abortion Laws in India

Context
• Supreme Court of the USA in Roe Vs Wade case, 1973 gave women the right to have an abortion before the fetus is
viable outside the womb or before the 24-28 weeks mark.
• The Supreme Court of the USA overturned its decision given in the above-mentioned case. This has flared up the
debate on abortion laws, right of bodily autonomy & integrity, rights of unborn, and other related issues.
• The Supreme Court of India has extended the right to safe and legal abortion up to 24 weeks to unmarried and single
women.
• Recently, Calcutta HC allowed abortion of a 34-weeks old fetus of a 37-year-old woman as the fetus was diagnosed
with an incurable spinal condition.
• Report of the UN Population Fund, 2022 - Nearly 67% of abortions in India are deemed unsafe killing 8 women on
an average in a day.
About Abortion laws in India:
• Meaning of abortion: Abortion is the procedure to end pregnancy. It can be done in two different ways:
Medication abortion: It uses medicines to end the pregnancy. It is also called ‘medical abortion’ or ‘abortion
with pills.
Surgical abortion: It is the procedure to remove pregnancy from the uterus.
• Meaning of gestation period/age: It is a medical term to describe how far along the pregnancy is. The measurement
takes place from the first day of a woman’s last menstruation or period. It is expressed in weeks e.g., 20 weeks fetus,
24 weeks fetus, etc.
• Situation in India in 1960’s: High number of abortions have been seen in India
• Shantilal Shah Committee: It was formed in 1964 to study the question of legalization of abortion in India. It submitted
its report in 1966.
• Medical Termination of Pregnancy Act, 1971 (MTP, Act): Based on the report of Shantilal committee the MTP (Medical
termination of pregnancy act, 1971) act was passed in Parliament. The act provided for the following provisions:
It was aimed at reducing maternal mortality owing to unsafe abortions.
The Act provided a legal framework for termination of pregnancy.
This act was amended from time to time to include contemporaneous changes. Recent changes to the act were
made in 2021
• 2021 amendment in MTP Act, 1971: The following changes were brought by the 2021 amendment in MTP act:
It increased the gestation period up to which women can seek medical abortion to 24 weeks from earlier 20 weeks.
But this renewed upper limit could only be accessed in specific cases (like woman being survivor of sexual assault,
being minor, fetal malformation, etc.) mentioned in the act.
This increased limit was not available to unmarried women till the recent SC ruling (mentioned in the context).
Since termination of pregnancy has been in news one needs to know in detail the provisions which exist related to
termination of pregnancy act under the MTP Act:
• Pregnancy up to 20 weeks: It can be terminated after the medical opinion of one registered medical practitioner.
(Usually permitted on grounds of failure of contraceptive method)
• Pregnancy between 20 to 24 weeks: It can be terminated after the medical opinion of two registered medical
practitioners.
• Pregnancy beyond 24 weeks: It can only be done on grounds of fetal abnormalities and 4-member medical board
gives permission to do so. This medical board is set by respective states.
MTP Act, 1971 requires abortion to be performed only by doctors with specialization in Gynecology or Obstetrics. So,
as per existing laws, abortion is legal in India and at the same time it is conditional.
Protection of children from Sexual Offenses Act 2012 (POCSO)

Context:
• The analysis, titled ‘A decade of POCSO’, was carried out by the Justice, Access, and Lowering Delays in India (JALDI)
initiative at Vidhi Centre for Legal Policy, in collaboration with the Data Evidence for Justice Reform (DE JURE) program
at the World Bank.
About Protection of Children from Sexual offenses act, 2012
• Finding of the report: Following key facts were observed by the report with regards to POCSO Act:
It found that registration of POCSO cases have increased steadily since 2013 and so is the pendency of such cases.
On an average it takes almost 510 days for a POCSO case to be disposed of.
Conviction rate under POCSO cases is 14%.

• Key Features of the POCSO Act, 2012: Following are some key features of the POCSO Act:
Confidentiality of the victim’s identity: The act lays down a protocol for media and prohibits disclosure of victim’s
identity, except when permitted by the Special Courts established under the act.
Gender-neutral law: The act defines a child as “any person” below 18 years of age.
Different forms of sexual abuse: The Act clearly explains and distinguishes between different forms of sexual abuse,
including non-penetrative and penetrative assault, sexual assault and aggravated sexual assault, among others.
No time limit for reporting abuse: A victim can report an offence at any time, even a number of years after the
incidence of abuse.
Establishment of Special courts for trial of POCSO cases: To provide speedy delivery of justice. The act stipulates
that cases should be disposed of within a year.
• Recent amendment (2019): Following key changes were brought by recent amendment to POCSO Act:
It enhanced the punishments for specific offences to deter abusers and ensure dignified childhood.
It introduced death penalty for the offence of aggravated penetrative sexual assault.
It introduced offences for transmitting or propagating pornographic materials involving a child.
• Consent and POCSO: Following key norms are laid with regards to consent under POCSO Act:
The POCSO Act criminalizes all sexual activity for those under the age of 18, regardless of whether consent is
factually present between the two minors in a particular case or not.
Present CJI, recently, expressed concerns over this provision of the POCSO act.
In almost 25% of POCSO cases between 2016 and 2020, the victim and accused were in a “romantic relationship”.
• POCSO and child marriages: POCSO provisions are at loggerheads with traditions of child marriage in some of the
tribal communities.
Related Information
• The National Commission for Protection of Child Rights (NCPCR): Some key facts one should know about National
commission for Protection of Child Rights are:
It is a statutory body constituted by the GoI under the Commission for Protection of Child Rights Act, 2005.
Composition – Chairperson + 6 members.
NCPCR has certain responsibilities in relation to the implementation of the POCSO Act like monitoring designation of
Special Courts by State Governments, monitoring the appointment of public prosecutors by State Governments, etc.
Armed Forces (Special Powers) Act, 1958

Context
• Recently, Govt removed AFSPA from parts of Nagaland, Assam and Manipur.
• More demands are coming in Nagaland for complete withdrawal of AFSPA.
About Armed Forces (Special powers) Act 1958:
Year 1958
Objective It gives special power to Indian armed forces to maintain ‘public order’ in ‘disturbed areas’.
Disturbed area ‘Disturbed area’ is an area declared by notification under Section 3 of AFSPA (An ‘area’ can be considered
disputed due to differences or disputes between members of different religion / race / language / regional
group etc.
Reason It is invoked in a place where ‘ use of armed forces in aid of civil power is necessary’.
Declaration It can be made by Central Government / Governor (State) / Administrator (UT). Suitable notification needs
to be made in the ‘Official Gazette’.
Enforcement Done by the Ministry of Home Affairs
Exception – Central Government in past has foregone this power and left it to State Government
Year 1958
Duration An area declared ‘disturbed area’ has to maintain status quo for ‘minimum 6 months’.
Maximum duration – How long it will be in force lies on the discretion of Government.
Historical evolution Pre – Independence: British government came up with ‘Armed forces special powers ordinance in 1942 to
suppress ‘Quit India movement’.
Post – Independence: Important Facts for Prelims
First State which imposed AFSPA – Assam (Imposed in parts of Naga Hills which were part of Assam during
the time).
First State from which AFSPA was revoked – Punjab
Present status Remains in force in partially or fully in districts of 1) Nagaland 2) Manipur 3) Assam 4) Arunachal Pradesh
5) Jammu and Kashmir
Special Powers Armed forces have been given the following powers under the act -
during AFSPA 1. Arrest suspect without a warrant.
2. Search any house without any warrant
3. Prohibit gathering of 5 or more persons in an area.
4. Open fire on the disturbing factors after giving due warning.
5. Use force till death on a person who is a repeat offender and tries to disturb the peace of the area.
6. Any house/building then the site or structure can be destroyed by the forces in which any militant or
offender is hiding
7. Any Vehicle can be stopped and searched.
8. Legal action is not taken by the armed force in case of wrongful action.
Narcotics and Psychotropic Substances Act, 1985

Context
• The Karnataka High Court in its judgment said that Bhang is nowhere referred to as a prohibited drink or prohibited
drug as per Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
While delivering its verdict the court relied on two earlier judgments, Madhukar vs the State of Maharashtra, 2002
and Arjun Singh vs State of Haryana, 2004, where the courts had ruled that bhang is not ganja, and is therefore
not covered under the NDPS Act.
About Narcotics and Psychotropic Substances Act, 1985
• Objective: The act prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing,
transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
• Definition: The act deals with mainly two major substances which are mentioned below:
Narcotic Drugs: Coca leaf, cannabis (hemp), opium, and poppy straw come under the definition of Narcotic
substances under the act.
Psychotropic drug: According to the act Psychotropic substances include any material (natural or synthetic) or salt
or preparation which are protected under the Psychotropic Substances Convention of 1971.
• Penal provisions: Strict penal provisions have been provided under the act:
Provisions exist both for Jail term (ranging from one year to 20 year) and fine depending on the crime.
Under the act abetment, criminal conspiracy and even attempts to commit an offense attract penalties similar
to committing an offense.
Repeat offenses attract one and half times the penalty and in certain circumstances repeat offenders can also be
given the death sentence.
Government can seize the property (acquired due to Drug related offense) of a convicted person.
No relief is available to a convicted person by termination, remission and commutation of sentence.
• Nodal agency: Narcotics Control Bureau is the nodal agency under the act which was constituted in 1986 with the
purpose of coordinating with various ministries, agencies with regards to Drug law enforcement and related issues.
Criminal Procedure (Identification) Rules, 2022

Context
Ministry of Home Affairs notified Criminal Procedure (Identification) Rules 2022 governing Criminal Procedure
(Identification) Act 2022.
About Criminal Procedure Amendment act:
Criminal Procedure (Identification) Act 2022 empowers police officers or prison officers to collect certain identifiable
information (Fingerprint, biological samples etc.) from convicts or those who have been arrested for an offense. The act
repealed the Identification of Prisoners act, 1920 and has made/added provisions which are in line with modern trends
of the criminal investigation:
• Data permitted to be collected: In addition to Fingerprints, footprint impression, photograph the act has added
biological samples and their analysis, behavioural attributes such as signature, handwriting etc., blood, semen, DNA
profiling under data which can be can be collected by the authority.
Criminal procedure (Identification) Rules 2022 specify persons who will be allowed to take measurements (i.e.
samples, fingerprints etc.). These include persons skilled in taking measurements, registered medical practitioner
or an authorized user. Authorized user refers to police officer or prison officer who has been authorized by NCRB
to access the database.
• Persons whose data will be collected: Data can be collected for person convicted or arrested for any offense, person
detained under preventive detention law, individuals who have not been arrested (on order of Magistrate) to aid the
investigation.
Criminal Procedure (Identification) Rules 2022 specify certain persons whose measurements will not be taken.
These include individuals who have been arrested or detained under certain provisions of CrPC i.e. Section 144,
145, 151. The measurements will only be undertaken if the person has also been charged or arrested in connection
with another offense.
• Persons who may require/direction data collection: Officer in charge of police station or Head constable or above +
Head warder of Prison + Metropolitan magistrate/Judicial Magistrate of first class.
The rules specify that National crime records bureau will issue Standard Operating procedures for taking and
storing measurements (Fingerprints, samples etc.) which have been undertaken.
• Central agency for maintaining records: National crime record bureau is the central agency responsible for maintaining
records. In addition States and Union Territories may notify agencies which can collect, preserve and share data in
their respective jurisdiction.
• Retention of collected Data: The collected data will be retained in digital or electronic form for 75 years. Records
will be destroyed in case of persons who are acquitted after all appeals, or released without trial.
According to the rules, the Standard operating procedure (provided by NCRB) will provide the procedure of storing
and destruction of records. A nodal officer will be nominated by Central/State Government to whom request for
destruction of record will have to be made. Nodal officer will recommend the destruction of records after taking
verification that records are not linked to any other crimes.
Related Information
National Crimes Record Bureau:
• Year: NCRB was set up in the year 1986.
• Objective: To function as a repository of Information on crime and criminals thereby providing assistance to the
investigators.
• Ministry: The national crime records Bureau works under the Ministry of Home Affairs.
• Headquarter: New Delhi
• Functions: Besides maintaining information repository various other steps and responsibilities are undertaken by the
National crime records bureau:
Crime and Criminal Tracking Network & Systems (CCTNS) project: The monitoring, coordination and implementation
of CCTNS project is done by NCRB.
National Digital Police portal: The portal caters to both citizens and police personnel. It allows police personnel
to search for a criminal / suspect on the CCTNS database, besides providing access to many other police utilities
like Cri-MAC, NDSO, CyTrain etc. Citizens are provided services like filing complaints online, NOC for purchasing
second hand vehicle etc.
National Database of sexual offenders is maintained by National crime records bureau which shares information
under it with states and union territories on a regular basis.
Online Cyber-Crime Reporting Portal: The National crime records bureau is the nodal agency for maintaining this
portal. Citizen can lodge a complaint related to child pornography, rape etc.
CyTrain: It is a portal launched by NCRB for online training of different stakeholders in cybercrime investigations
and prosecution.
Cri-MAC (Crime – Multi Agency Centre): It is an IT tool launched by NCRB for sharing of information on Crime and
Criminals, sending alerts on Inter-State Criminals and for promoting inter agency / unit co-ordination.
National crime statistics are also published by the National crime records Bureau.
BILLS IN NEWS
Digital Data Protection Bill 2022
• The Draft of the Digital Personal Data Protection Bill, 2022 has now been made open by the Ministry of Electronics
and IT for public feedback and suggestions.
• In August 2022, the Central Government withdrew the Personal Data Protection Bill, 2021 from Parliament to come
up with a comprehensive legal framework.
About Digital Data Protection bill:
From Prelims perspective it is important to first know about the background related to the Digital Data Protection Bill:
• Committee Report: After Puttaswamy Judgement on Right to Privacy (2017), Justice B.N Srikrishna Committee was
appointed by the Government for Data Protection. It submitted its report in 2018 along with a Draft Personal Data
Protection Bill. (PDP )
• PDP Bill, 2019: The Central Government made revisions in the draft and introduced Personal Data Protection Bill,
2019 in the Lok Sabha in 2019.
• Joint Parliamentary Committee (JPC) : A JPC was constituted to discuss the provisions of the bill which submitted its
report in December 2021. Another draft of the bill, as Data Protection Bill 2021 was submitted along with the report
by JPC.
• The Government cited the extensive changes made by the JPC in the new draft bill and withdrew it in August 2022.
Key provisions of the Digital Data Protection Bill, 2022:
For Prelims one should know certain key terms and definitions given in the bill:
• Personal Data: It means any data about an individual who is identifiable through such data. As per the bill, the
personal data that is carried out digitally will include:
1. Personal Data collected online and
2. Personal data collected offline but is digitized for processing. (offline personal data is not included )
• Data Principal: It means the individual whose data is being collected.
• Data Fiduciary: It means any entity (individual, company, state etc.) which decides the purpose and means of the
processing of an individual’s personal data.
• Significant Data Fiduciary: The Central Government may notify any data fiduciary as Significant Data Fiduciary on the
basis of volume and sensitivity of personal data, risk of harm to the data principal and such other factors as it may
consider necessary. They have to appoint a Data Protection Officer and an independent Data Auditor.
Related Information
• Cross border data: The bill allows the processing of personal data outside the territory of India, to certain countries
and territories having suitable data landscape and the government can access data of Indians from there.
• Right of Consent: Consent of an individual is required to process any data related to him/her by any Data Fiduciary.
He/she should be made aware of the purpose for which the data is being collected. E.g. identity proofs for opening a
bank account. An individual also has the right to withdraw his/her consent given to any Data Fiduciary.
• Deemed consent: As per the bill, in certain circumstances an individual is deemed to have given his/her consent for
processing the personal data. E.g. sharing of biometric data for a biometric attendance system at the workplace.
• Right to erase: The Data Principal (user) will have the right to demand erasing of his/her data or correcting it from
a data fiduciary.
• Data Protection Board: The bill proposes to constitute a Data Protection Board to ensure compliance with the bill.
The membership, tenure, conditions of services of the board will be decided by the Central government. The Board
will decide upon the matters related to non-compliance by Data Fiduciary. The appeal against any decision of the
board can be filed in High Court.
• Financial penalties: The bill proposes financial penalties-
For Data Fiduciary- ranging from 50 crore to 500 crore rupees.
For data principal-up to Rs.10000 (for any false information or frivolous complaint).
Judiciary
Live Streaming of Supreme Court Proceedings
Context
• The Supreme court on 27th September 2022 began live streaming its proceedings that people can watch on their
smartphones and computers.
About Live Streaming of SC Proceedings:
• Cases to be live streamed: Only Constitution Bench cases (not all cases) are being live streamed.
• Impact: It will enhance transparency in judicial proceedings and strengthen the image of the judiciary.
• Provision In High courts: Currently, six high courts (out of total 25) are live streaming their proceedings. They are
Gujarat HC (1st to do so), Karnataka HC, Jharkhand HC, Madhya Pradesh HC, Odisha HC, and Patna HC.
Excluded matters: Matters to be excluded from live streaming of high courts are laid down in detailed rules
prepared by the e-committee of the Supreme Court. These include matrimonial matters, POCSO related cases,
cases concerning sexual offences, etc.
• Global situation: The International Criminal Court allows live streaming of its proceedings with a delay. New Zealand,
UK, Germany, Australia, among others, allow live streaming of court proceedings to a varying degree.
• Live streaming of Parliamentary proceedings was started in 1994.
• Cabinet meetings: Minutes of such meetings are recorded (mostly in writing) but they are confidential in nature.
During COVID-19 period, the cabinet held its meetings through video conferencing.
• e-Committee of the SC: t is currently headed by Dr. D. Y. Chandrachud (CJI). It aims to interlink all the courts across
the country and make the Indian judicial system ICT-enabled.
• e-Court Project: Following key facts one should know about e court project:
It is under implementation since 2007 for the ICT development of the Indian Judiciary.
It is monitored and funded by the department of justice, Ministry of Law and Justice.
Its objective is to improve access to justice through technology.
Currently Phase-2 of the project is being implemented in which computerization of district and subordinate courts
is being done.
• e-Resource Centre “Nyay Kaushal”: Its objective is to facilitate e-filing of cases in the SC, high courts, and district
courts across the country.
• SUPACE (Supreme Court Portal for Assistance in Court’s efficiency is an artificial intelligence-based portal aimed at
assisting judges with legal research.
• SUVAS (Supreme Court Vidhik Anuvaad Software) is an artificial intelligence-based software that can assist in the
translation of judgements into regional languages.
National Judicial Data Grid

Context
• NJDG is under trial and testing stage for making supreme court data available in public domain.
Judiciary 31
About National Judicial Data Grid

• Definition: It provides a comprehensive database of orders, judgements, and case details of connected High Courts,
District & Subordinate Courts. (All the High Courts are connected to NJDG while some subordinate courts are yet to
be connected with NJDG)
• Implementation: It is a flagship project implemented under the aegis of e-Committee of the Supreme Court. It is a
part of the ongoing e-Courts Integrated Mission Mode Project.
• Key Facts: Few important points related to the National Judicial Data Grid become important which are:
It was launched in 2015.
Monitoring Judicial Performance: It provides near real-time information about pendency at various High Courts,
District Courts, and Subordinate Courts across the country.
It helps in providing Inputs for Policy decisions to reduce delays in disposal of cases.
National Data Warehouse for case data including judgements/orders from High Courts, District Courts & Subordinate
courts.
Promotes Transparency by providing free access to data to all stakeholders.
The World bank in Ease of Doing business praised NJDG as it had helped India improve its score in ‘enforcing
contracts’ parameter in EoDB Index.
Recently, reasons for the delay in case disposal have been included in NJDG.
Constitutional Bench of Supreme court

Context:
• During the tenure of former CJI N. V. Ramana, just one matter was heard by the constitution bench of the Supreme
Court.
About Constitution Bench:
• Definition: Constitution Bench of the Supreme court consists of five or more judges on it. According to Article 145
(3) matters involving substantial questions of law as to the interpretation of the constitution are decided by the
constitution bench (consisting minimum of five judges).
• Composition of the constitution bench: Chief Justice of India decides which SC judges would be members of the
constitution bench.
• Allocation of matters/cases: Allocation of cases to the constitution bench is done by the CJI. Due to these two reasons
CJI is also known as “Master of the roster”.
• The CJI does not need to be a member of every constitution bench.
• Decision: The cases by the constitution bench are decided by a majority decision or by a unanimous decision.
Example of a unanimous decision: 9-judges constitution bench in ‘Puttaswamy case’ held right to privacy as a
fundamental right under constitution.
Example of a majority decision: 13-judges constitution bench in ‘Kesavananda Bharati’ case, by a majority of 7-6,
held that the constitution’s ‘basic structure’ is unchallengeable.
• Present status of pendency before constitution benches: Around 40+ significant constitutional and legal matters.
Examples- Sabarimala review, Abrogation of article 370, validity of electoral bonds, etc. Recently, the 5-judges
Constitution bench of the SC, by a 3-2 majority upheld the validity of EWS reservation (103rd constitution amendment).
Related Information
• Division Bench: It consists of 2 to 3 judges of the supreme court. Most cases before SC are heard and decided by
these division benches.
• Single judge benches: For the first time in history of the SC, single judge bench hearings were started in 2020. Single
judge benches will hear appeals related to bail and anticipatory bail cases.
• Recusal of judges: The following key facts one should know with regards to recusal of Judges
Judges can recuse/remove themselves from a case pending before them, especially when there is a potential or
evident conflict of interest.
Conflict of interest may happen due to a variety of reasons. Example – a Judge presiding over a case in which
a corporate body is one of the parties to the case and son/daughter of the judge is the CEO of the concerned
corporate body.
There are no laws/rules governing the procedure of recusal.
It flows from the idea of natural justice that no one should be a judge in his/her own case.
The recusal is exercised in order to prevent a perception that the judge had a bias/interest towards the party to
the case and to ensure free, fair, and impartial delivery of justice.
Recusal of the judge from the case can be requested by advocates too, but the decision to recuse from a case
rests with the judge himself/herself.
• Provisions related to the Supreme court and High court become important for examination. Refer to the SIP: Polity
Static Booklet to study the provision in detail.
Judicial Accountability
Context
• Union Law Minister’s concerns on secrecy in the ‘collegium system’ and supreme court’s reply- until parliament brings
new law on judicial appointments, collegium system is the law- sparked a debate on the issue of Judicial accountability.
About Judicial accountability
• Definition: Accountability means being held responsible for actions and decisions. So, judicial accountability would
mean that judges are held responsible for their conduct and delivery of justice.
• Constitutional provision: Though no mention of the term ‘Judicial Accountability’ in our constitution provisions under
articles 124(4) and 217(1) provide for removal of judges from the SC and HCs respectively.
• Need for Judicial accountability: The following benefits are provided by Judicial accountability
To ensure justice in the society.
To induce judges to improve efficiency and deliver quality judgements.
To ensure impartial functioning of judges.
• Ensuring Judicial accountability: If the judiciary is made accountable to the executive or the legislature, the judicial
independence (sine qua non for democracy) will be jeopardized.
• Government efforts: Some key efforts which were attempted by the Government are:
Judicial standards and accountability bill, 2010 was introduced in the Lok Sabha but it eventually lapsed. Parliament
passed
NJAC Act in 2014 to enhance transparency in judicial appointments but the act was nullified by the SC as it was
held that NJAC violated judicial independence.
• Provisions related to the Judicial review, Public Interest Litigation etc. become important for examination. Refer to
the SIP: Polity Static Booklet to study the provision in detail.
Inter-operable Criminal Justice system:

Context
• Recently, Government of India approved the implementation of Phase-2 of Inter-Operable Criminal Justice System
(ICJS) during the period 2022-23 to 2025-26.
About Inter-Operable Criminal Justice System
• Background: ICJS was conceptualized by the e-Committee of the Supreme Court and implemented as a project under
the Ministry of Home Affairs (MHA).
• Implementing authority: National Crime Records Bureau (NCRB) is responsible for the implementation of the project
in association with the National Informatics Centre (NIC).
• Nature: The project will be implemented as a Central Sector Scheme.
Judiciary 33
• Aim of the project: To enable seamless transfer of data and information among different pillars of the criminal justice
system, like courts, police, jails, and forensic science laboratories, from one platform.
• Structure of ICJS: ICJS enables integration of the main IT system used by the five pillars of criminal justice:
Police (Crime and criminal tracking and network systems)
Forensic labs (e-Forensics)
Courts (e-Courts)
Public Prosecutors (e-Prosecution)
Prisons (e-Prisons)
• Phase-1 of the project: Individual IT systems have been implemented under it. (phase-2 is about integration of these
systems).
Regional Languages in the Legal system:

Context
• Recently, both the law minister Kiren Rijiju and Chief Justice of India Dhananjaya Y. Chandrachud proposed use of
regional languages in the legal system.
About Regional languages in Courts:
• Language in the Supreme Court: According to Article 348(1), all proceedings (including orders/judgements passed)
in the Supreme Court and all the High Courts shall be in English language.
• Language in the High Courts: Article 348(2) provides that the Governor of the state may, with prior consent of the
President, authorize use of Hindi or any other language in the proceedings of the High court (But judgements, decrees
or orders shall be passed in English.)
• Parliament’s role: Parliament through law can change the language used in proceedings of the SC and HCs (Article-348).
• Official Languages Act, 1963: It authorized use of the Hindi or official language of the state in addition to English for
the purpose of judgements, orders or decrees passed by the High courts. This provision can be used by the Governor
of the state with previous consent of the President.
• Use of the above act: The use of Hindi has been authorized in the proceedings as well as in judgments, orders or
decrees in the High Courts of Rajasthan, Madhya Pradesh, Uttar Pradesh, and Bihar. (**Important note- But remember
that the use of Hindi in above high courts is in addition to English language. Any of the above-mentioned High Courts
can pass their respective judgements, orders or decrees in the Hindi language but it should be accompanied by the
English translation)
• Language in the Subordinate Courts: Respective state governments determine the language used in these courts.
• Provisions in the 8th Schedule of the Constitution. The 21st,71st, and 92nd constitution amendment acts. Part-XVII of
the constitution – Official Languages (Article 343 to Article 351) become important for the examination. Refer to the
SIP: Polity Static Booklet to study the provisions in detail.
Women in Judiciary
Context:
• Former CJI N. V. Ramana backed 50% representation for women in judiciary.
About women representation in the judiciary
• Supreme Court: Following are some key facts in relation to women representation in SC:
Total judges: Since the commencement of our constitution there have been 259 judges (including present 28) in
the SC.
History: Only 11 women judges till date in the SC.
Current strength - Presently 3 women judges in the SC out of total 28 (sanctioned strength-34)
1st woman to be Supreme Court Judge: Mrs. Justice Fathima Beevi on 6th October 1989. (2nd – Mrs. Justice
Sujata Manohar, 3rd – Mrs. Justice Ruma Pai)
No woman CJI till date.

Mrs. Justice B. V. Nagarathna is set to become 1st woman CJI in 2027.
• High Courts: Following are some key facts in relation to women representation in HC:
There are 25 High Courts in India.
Sanctioned strength: 1108
Working strength: 778 [Important note - Sanctioned strength minus working strength = vacancies]
Women judges in high courts: Around 13% (of working strength)
1st woman HC Judge: Justice Anna Chandy was the 1st woman to serve as a high court judge. She was appointed
as a judge of Kerala High Court in 1959.
1st woman HC Chief Justice: Justice Leila Seth was the 1st woman to become Chief Justice of a high court. She
became Chief Justice of Himachal Pradesh High Court in 1991.
• Subordinate courts: Following are some key facts in relation to women representation in Subordinate court
Total strength of judges (Civil judges Jr. Division, Civil Judges Sr. Division and District Judges) – 24827
Working Strength - 18223
Women judges – around 35% (of working strength)
• Out of nearly 17 lakh advocates only around 15% are women.
• Total women in present Lok Sabha – 82 (out of 543)
• Total women in Rajya Sabha – 33 (out of 239 – some seats are vacant)
• Total women minister at the Union level – 11 (out of 80)
Sealed cover Jurisprudence:

Context
• Recently, the Supreme Court flagged the practice of “Sealed Cover” jurisprudence. The SC criticized it by saying that
it sets dangerous precedents which makes the process of adjudication opaque and vague.
About Sealed cover jurisprudence
• Meaning of Sealed cover jurisprudence: It is the practice followed by the Supreme Court (sometimes by high courts
and lower courts too) of seeking or accepting information from government agencies in sealed envelopes that can
only be examined/accessed by the judges.
• Source of this practice: Supreme Court rules and section 123 of the Indian evidence act,1872
• Importance: It allows government agencies to protect confidential/sensitive information affecting national security
or ongoing investigations. It also allows the supreme court to protect identities of victims of sexual offenses.
• Negative impact: The information in the sealed cover can only be accessed by the judges and not by the other party/
parties in the matter. (Example – in MediaOne case, the Kerala High Court upheld the ban on MediaOne channel
by relying on information provided by the government agencies in the sealed envelope. This information in sealed
envelope was not accessible to the defendant party – MediaOne)
• Exception: Information in the sealed cover can be accessed by the opposite party only with the permission of CJI or
concerned court. But this rarely happens.
• Cases involving use of Sealed Cover Jurisprudence: Pegasus case, Rafaele Case, INX Media Case, BCCI Reforms case,
Ram Janmabhoomi Case, etc.
Supreme court view on Bail Provisions

Context:
• Recently, the Supreme Court has ruled that bail remains the rule and jail is the exception and has called on the
government to consider framing a special legislation related to provision of bails.
Judiciary 35
About Bail:
• Meaning: It is the conditional release of an accused from jail with a promise (generally on a bail bond or personal
bond) to appear in a court when required. The term ‘bail’ is not defined in the Criminal Procedure Code (CrPC).
• Provisions regarding bail: There are multiple and dispersed provisions scattered across the CrPC and various binding
SC guidelines. Example- Sections 330, 360, 389, 436, 437, among others, of the CrPC; SC guidelines in Satender Kumar
Antil Vs CBI, 2021, Hussain and Anr. Vs Union of India, 2017, etc.
• Lack of uniformity: There exists a lack of uniformity in granting bail by the various high courts and lower courts due
to the existence of multiple provisions. Also, there is a huge discretion available to judges in granting a bail in non-
bailable offences. This also contributes to non-uniformity in granting bails.
• Non-bailable offence: An offence is said to be non-bailable if punishment for it is more than 3 years. Examples – Rape
(section 376 IPC), Murder (section 302 IPC), Criminal breach of trust (section 406 IPC). A person accused of such an
offence cannot claim bail as a matter of right. It is up to the discretion of a magistrate or judge to grant a bail in
matters related to such offences.
• Bailable offences: Following are certain key facts related to bailable offenses:
These are less serious offences for which punishment is up to 3 years.
Examples - public nuisance (section 290 IPC), Bribery (section 171E IPC), Stalking (section 353D IPC), etc.
A person accused of such an offence can claim a bail as a matter of right.
Bail can be granted by either the investigating officer/officer in charge of the police station or the court.
• Benefits of having a bail law: Following benefits are derived from having a bail law:
Will bring in uniformity in granting of bails
May result in reducing the number of undertrials in jails (almost 70% of prisoners in India are undertrials)
Will reduce scope of discretion available with judges in matters of bails.
One should know certain key information regarding types of offenses and the provision of Anticipatory bail.
• Cognizable offence: In case of such offences, after registering an FIR, police officer can make an arrest without a
warrant from a magistrate. Examples – murder, rape, dowry death, etc.
• Non-cognizable offence: In case of such offenses, police officer cannot make an arrest without a warrant from a
magistrate. Examples – cheating, defamation, public nuisance, etc.
• Anticipatory bail: Following some key facts have been mentioned about Anticipatory bail:
It is a bail in anticipation of an arrest in the near future.
Section 438 of CrPC lays down the procedure for anticipatory bail.
This section can be invoked only before the person is arrested.
Judges have wide discretion with respect to granting anticipatory bail.
It can be granted in both the bailable and non-bailable offences.
Legality of Online Gaming

Context:
• Recently, Karnataka HC struck down amendments to the Karnataka Police Act, 1963 that included a ban on online
games which had an element of money associated with it.
About Online Gaming and Betting:
• Regulatory Framework for online gaming: It is currently absent in India. There is no comprehensive legislation covering
regulation of online gaming.
• Jurisdiction: “Betting and gambling” is a State Subject (entry 34 in the state list) under the 7th schedule of the
constitution. So, the legislations related to this subject varies across the country.
• Coverage of online gaming: Online games that have an element of betting or gambling are covered under the above-
mentioned subject – “Betting and gambling”.
• Gaming Vs Betting – Following Judgments have clarified the difference between Gaming and Betting:
In Public Prosecutor Vs Verajlal Sheth, 1944 Madras High Court clarified that gaming involves skills while betting
involves winning or losing a stake depending solely on the occurrence of an uncertain event.
In R. M. D. Chamarbaugwalla Vs Union of India, 1957 Supreme Court, in this case, held that in any game, if the
element of skill is dominant over the element of chance, then it is a game of skill and cannot be construed as
gambling.
• Karnataka HC remarks: Recently, the following remarks had been made by the Karnataka HC:
A game of skills, whether played online or offline, with or without stakes, remains a game of skills and therefore
does not become a gambling activity.
States don’t have legislative jurisdiction/competence to ban ‘skill’ under entry 34 of the State List.
Playing games of skill are a form of expression under fundamental rights [Article 19(1)(a)].
Gaming platforms are also legitimate businesses that enjoy the freedom of trade/profession/occupation/business
[Article 19(1)(g)], when used for games of skill.
• Other high courts are also against the blanket ban: In 2021, Madras HC and Kerala HC, also, had overturned blanket
bans on online games.
• Fantasy sports: Supreme Court in Varun Gumber Case (2017), Gurdeep Singh Sachar case (2019), and Avinash Mehrotra
Vs State of Rajasthan (2021) has held that fantasy sports (ex- Dream11, My11 Circle, etc.) are games of skill.
• Inter-ministerial Panel
The Government of India has set up an inter-ministerial panel (7 members) to work on regulations for the online
gaming industry and identify a nodal ministry to look after the sector.
Marital Rape
Context
• Varying interpretations of Section 375 of IPC by different high courts has reignited the debate on the issue of ‘Marital
Rape’.
• Recently, Delhi High Court has delivered a split verdict (one judge favored striking down of exception to section 375
while other favored status quo) regarding criminalization of marital rape.
About Marital Rape:
• Definition: Marital rape or spousal rape is the act of sexual intercourse, forcible or otherwise, with one’s own spouse
without his/her consent.
• Present status in India: Marital rape in not an offense in India.
• Provision under IPC: An exception under Section 375 of IPC has been provided which decriminalises marital rape.
• Exception 2 under Section 375: It provides protection to the husband from rape charges (filed by his own wife) and
allows him to have sexual intercourse with his wife with or without her consent if she is above the age of 15 years
(this was later changed to 18 years).
• Related Judgments: Independent thought Vs Union of India, 2017 case - In this case the Supreme court read down
Exception 2 to Section 375 IPC and replaced words “15 years” with “18 years” for the purposes of exception under
section 375 IPC.
• Immunity provided under Section 375 goes against various Fundamental rights such as Right to equality – Article 14,
Right against discrimination – Article 15, and Right to live a life with dignity & Right to privacy – Article 21.
• Related committee: Justice. Verma Committee recommended criminalization of ‘marital rape’.
• Situation across the world: Over 150 countries have criminalised ‘marital rape’. According to UN Women Report,
India is among 34 countries who have not yet criminalized marital rape. First country to criminalize marital rape was
Soviet Union in 1922.
• Present situation about Marital rape: After the split verdict of the Delhi High court the matter the Supreme court
has agreed to club together all pending matters regarding marital rape. The apex court has listed the issue for further
hearing in February 2023
Judiciary 37
Related Information
A related topic in news is Conjugal rights. Following are some key facts related to Conjugal rights:
• Definition: Conjugal rights are rights created by marriage, i.e., right of the wife or husband to the society/company
of the other spouse. These also include certain matrimonial rights which should be performed by both the spouses.
• Components under conjugal rights: Conjugal rights provides for the following:
Living together: The spouses or the married couple should live together
Marital intercourse: The spouses or the married couple have rights and duties together with each other and have
physical or sexual relationships.
Comfort to each other: The spouses should give comfort to each other like; emotional and mental comfort.
Matrimonial Obligation: The married couple is supposed to share the responsibility of the households as well.
• Recognition of conjugal rights in India: Conjugal rights in India have been recognized both under personal laws
dealing with marriage, divorce etc. and in criminal law requiring payment of maintenance and alimony to a spouse.
• Restitution of Conjugal rights: It basically refers to restoring the right to stay together. Acts such as Hindu marriage act
and Special marriage act contain provisions related to restitution of conjugal rights. These rights empower a husband
or a wife to move the local district court, complaining that the other partner has “withdrawn” from the marriage
without a “reasonable cause”.
Rights of LGBTQIA+
Context
• Recently Supreme Court has sought government’s response on pleas to allow same-sex marriage under Special
Marriage Act, 1954.
About LGBTQIA+ and related facts:
• Lesbian, Gay, Bisexual, Transgender, Queer, Inter-sex, and Asexual are basically Sexual orientations.
• A person’s sexual orientation refers to who they are attracted to and form relationships with. Everyone’s sexual
orientation is personal (Right to privacy) and it’s up to them to decide how they want to define it (Freedom of
expression).
• Section 377 of IPC provided punishment for same-sex relationships.
• Judiciary’s stand of Section 377: Following are some key judgments by court:
Naz Foundation Vs NCT of Delhi, 2009: Delhi High Court ruled section 377 of IPC as unconstitutional and violative
of right to equality (A.14), right against discrimination (A.15), and right to personal liberty (A.21). Homosexuality
was decriminalized by this judgement.
Suresh Kumar Kaushal Vs Naz Foundation, 2013: 2-judges bench of the Supreme court reversed Delhi High Court’s
decision to decriminalize homosexuality. SC observed that it was up to the Centre (government) to legislate on
the issue.
Navtej Singh Johar Case, 2018: 5-judges bench of the SC headed by the then CJI Deepak Misra decriminalized all
consensual sex among adults, including homosexual sex. Rights of LGBTQIA+ community were restored through
this case.
• Recognition of transgenders: Supreme Court in NALSA Vs Union of India, 2014 recognized transgenders as the ‘Third
gender’. Important note – Lesbians, Gays, Bisexuals are not recognized as third gender by the SC.
• Steps taken by the Government: Following key steps have been taken by government for empowerment of Transgenders:
Transgender Persons (Protection of rights) act, 2019 prohibits the discrimination against transgender persons in
relation to education, employment, healthcare, etc.
National Council for Transgender Persons is a statutory body to advice union government on issues related to
transgender persons.
National Portal for Transgender Persons helps in applying for identity certificates.
Garima Greh are Shelter homes for transgender persons by the ministry of social justice and empowerment.
Advisory to Heads of Prisons in States/UTs It was sent by the ministry of home affairs to ensure privacy and
dignity of third genders inmates/prisoners in jails.
• Reservation in Public Employment: Karnataka became the first state to provide reservation to transgender persons
in public employment.
• Current status of same-sex marriage: There is now law governing same sex marriages in India.
• Special Marriage Act, 1954: This act allows solemnization of marriage between people of different religions or faiths.
• Pride Parade: It is a worldwide event celebrating LGBTQIA+ community’s social acceptance, self-acceptance,
achievements, legal rights, and pride. Pride parades are also celebrated in Kolkata, Bengaluru, Chennai, etc.
Bail provision under UAPA

Context:
Stringent bail provision under section 43D (5) of Unlawful Activities (Prevention) Act, 1967 and its varied interpretations
by the judiciary on different occasions has created controversies in recent times.
About UAPA:
• Section 43D (5) of UAPA: This section and its provisions are important from Prelims perspective:
It was added through UAPA Amendment Act, 2008 in the aftermath of Mumbai terror attacks.
This section requires a court to deny bail to the accused if there are reasonable grounds to believe that the case
against the accused is prima facie true.
Above-mentioned provision made bail difficult to secure, since it required the Court to assess guilt of the accused
only by looking at the charge sheet prepared by the National Investigation Agency (NIA).
The accused cannot provide any evidence outside the chargesheet in their defense.
• Meaning of “Prima facie” in the context of section 43D (5) of UAPA – The Supreme Court in 2019 in the Zahoor Ahmed
Shah Watali Case interpreted “prima facie” to mean that the courts must not analyze evidence or circumstances.
Instead, it should look at the ‘totality of the case’ presented by the State.
• K. A. Najeeb Vs Union of India, 2021: Following key observations were made by SC:
The SC held that the section 43D (5) of UAPA does not oust the ability of constitutional courts to grant bail on
grounds of violation of fundamental rights under the Part-III of the Constitution.
Through this judgment, the SC has provided some relief from stringent bail provision of UAPA, but it did not
overrule its earlier judgment in the previously mentioned Watali Case.
Related information
• UAPA Amendment Act, 2019: It empowered the Union government to designate individuals as terrorists, if it believes
that the individual/s is/are involved in terrorism. Previously, only ‘organizations’ could be categorized as ‘terrorist’.
Alternative dispute resolution

Context
• Alternative dispute resolution were in the news last year when former CJI Ramana said that they should be promoted.
About Alternate Dispute Resolution:
• Definition: ‘Alternate Dispute resolution’ refers to different (alternative) ways in which disputes can be resolved
without litigation (going to trial).
• Feature: 1) Less costly 2) Expeditious 3) Collaborative 4) Accessibility 5) Non adversarial.
• Presence of Neutral 3rd party: A neutral 3rd party is present which tries to settle difference and resolve disputes.
• Domain: Offers to resolve all matters related to civil disputes, commercial Industry etc.
• Legislation: Following are the important legislation related to ADR in India:
Civil Procedure Code, 1908: Provision exists where court can refer a matter to ADR for settlement. It should seem
to the court that the matter can be settled outside.
Legal Services Authority Act, 1987: The act enforces provisions under Article 39 A of the constitution. It aims at
providing legal support for free to the poor. The act is implemented through NALSA which provides 1) Free legal
aid 2) Organises Lok Adalat.
Judiciary 39
Arbitration and Conciliation Act, 1996: Act contains various provisions relating to Arbitration and conciliation 1)
Commercial arbitration 2) Domestic arbitration 3) Enforcement of Foreign Tribunal award etc.
• Different modes of ADR: Following are the important modes of Alternate Dispute resolution:
Arbitration
• Nature: Less formal compared to a trial.
• Resolution of dispute: Dispute is submitted to an Independent 3rd party (Individual/tribunal etc.)
• Right to appeal: Does not exist. The decision made during Arbitration is final and binding.
• Prior agreement is required under Arbitration.
Conciliation
• Nature: Less formal than Arbitration. No prior agreement is needed.
• Resolution of dispute is attempted by an Impartial 3rd party known as Conciliator.
• Role of Conciliator: It helps parties to a dispute in reaching a mutually agreed settlement.
• Difference from Arbitration: Parties can accept or reject the conciliator’s recommendation.
• If the Conciliator’s settlement is accepted by both parties then it becomes final and binding.
Mediation
• Nature: Non – binding procedure.
• Resolution of Dispute is attempted by an impartial 3rd part known as mediator. The resolution of the dispute is left
with the disputing parties.
• Role of Mediator: Has no powers to settle disputes only helps parties communicate with one other to reach a mutually
acceptable resolution of dispute.
Negotiation
• Nature: Non – Binding procedure. No 3rd party is involved.
• Primary method of Alternate dispute resolution.
• Resolution of dispute: The parties discuss among themselves to reach a negotiated settlement.
Lok Adalat (People court)
Lok Adalat (People court)
Establishment Under Provisions of Legal Services authority act, 1987.
Award Award given by Lok Adalat are ‘final’ and ‘binding’
Provision of Appeal Against the orders of Lok Adalat do not exist.
Scope Can take up matters at ‘’pre – legislative stage’’
Can deal with both ‘civil’ and ‘criminal’ matters.
Exception – “non ‘ compoundable offenses”
Governance
Content Regulatory powers of Information & Broadcasting Ministry
Context:
• Recently, the Union government denied permission for renewal of license to Malayalam TV channel MediaOne over
“security reasons”.
About Important Regulations related to the Issue
Scope of regulatory powers of I&B Ministry:
• It can regulate content transmitted through – TV Channels, Newspapers & Magazines, Movies in theaters, Radio, and
Internet (including digital news platforms & OTT platforms like Netflix, HotStar, Amazon Prime, etc.)
• The I & B Ministry got Regulatory powers related to content over the internet post the implementation of Information
Technology (Intermediary guidelines and Digital Media Ethics Code) Rules, 2021.
Prohibited Content:
• There are no specific laws/rules on content allowed or prohibited in print and electronic media, radio, movies, digital
news platforms or OTT platforms.
• The content on any of these platforms has to follow free speech rules of the country.
• These rules emanate from “Reasonable Restrictions” mentioned in the article 19(2) of our constitution.
• These reasonable restrictions are -Sovereignty and Integrity of India, the Security of the State, Friendly relations with
the foreign States, Public Order, Decency or Morality, contempt of court, defamation, or incitement to an offense.
Grievance Redressal mechanism (GRM):
• I&B Ministry, in 2021, amended Cable Television Network Rules, 1994 to provide a statutory mechanism for complaints
raised by citizens regarding broadcasting of any content.
• 3-tier GRM:
Complaints directly to the Broadcaster
If not satisfied with broadcaster’s response, complaints can be escalated to self-regulating bodies set up by TV
channels (ex- Broadcasting Content Complaints Council – BCCC)
If not satisfied with the decision of self-regulating body, an appeal can be made to the I&B Ministry
Related information
Electronic Media Monitoring Cell:
• It is under the I & B Ministry.
• It tracks channels for any violations of the programming and advertising codes mentioned in the Cable TV Network
Rules, 1994.
• Violation by channels can lead to revocation of a channel’s up-linking license (for sending content to a satellite) or
down-linking license (for broadcasting to viewers through an intermediary).
Central Board of Film Certification (CBFC):
• It is a statutory body under I&B Ministry, regulating the public exhibition of films under the provisions of Cinematograph
Act, 1952.
• It is popularly known as Censor Board.
Governance 41
• Films can be publicly exhibited in India only after they have been certified by the CBFC.
• Appeals against the orders of CBFC can be filed with the Film Certification Appellate Tribunal.
• Headquarter of CBFC – Mumbai.
Press Council of India:
• It is a statutory body established under the Press Council Act, 1978.
• Parent ministry – I&B ministry
• It is a self-regulating body for the press.
• It aims to preserve the freedom of press and maintain & improve standards of newspapers and news agencies in India.
• Composition – Chairperson + 28 members.
• Chairperson has, by convention, been a retired judge of the Supreme Court.
• Members of the council are journalists, editors of newspapers, representatives of news agencies, among others.
Safeguarding Aadhaar Data

Context
• Recently, Unique Identity Authority of India (UIDAI) issued a warning saying, “general public not to share photocopy of
one’s Aadhaar with any organization, because it can be misused”. The warning was later withdrawn over the worries
that it was open to misinterpretation.
• In another incident, UIDAI told the Delhi High Court that it is not permitted to share biometric information of Aadhar
users in a crime investigation under the provisions of Aadhaar act, 2016.
Important Facts
• UIDAI: It is a statutory body under Aadhaar Act, 2016. It works under the Ministry of Electronics and Information
technology.
• Restriction on sharing information: UIDAI is prohibited from sharing core biometric data (fingerprints, iris scan, etc.)
of Aadhaar users under the section 29 of the Aadhar act, subject to certain exceptions.
• Disclosure of Information (exceptions): Following are the exceptions related to disclosure of Information:
Identity information other than the core biometric data can be disclosed by the UIDAI only on the order of a court
(not inferior to the High Court).
Identity information including core biometric data can be shared by the UIDAI in the interest of national security,
only on the direction of an officer not below the rank of Secretary to the GoI.
Every such direction, before it takes effect, is reviewed by an Oversight Committee headed by the Cabinet Secretary.
• Important facts about Aadhar: Following are certain key facts about Aadhaar:
Aadhar is a 12-digit individual identification number issued by the UIDAI.
Aadhar establishes the uniqueness of every individual on the basis of demographic (name, address, date of birth)
and biometric (fingerprint, IRIS scan, photograph) information.
It is not a proof of citizenship or domicile rather it is a proof of identity and address.
Every resident, including children and infants, is entitled to obtain Aadhar.
Main objective – to provide targeted delivery of subsidies and services to individuals residing in India.
Deputation of DIG’s
Context
• Recently, the Union Government issued an order on the central deputation of Deputy Inspector General (DIG) – level
IPS officers.
• The order states that IPS officers coming to the Centre at the DIG level would not be required to be empaneled at
that level with the Union Government.
About Deputy Inspector General (DIG)
• Previous Rules on central deputation of DIG-level IPS officers
DIG-ranked IPS officers could only be deputed to the Centre if the Police Establishment Board (PEB) empaneled
them as DIGs at the Centre.
The PEB empaneled the officers on the basis of officers’ career and vigilance records.
• Reason for the Order: Massive vacancies at the DIG-level in Central Police Organizations and Central Armed Police
Forces.
• Impact of the Order: The order makes the entire pool of DIG-level IPS officers in a state eligible for central deputation.
Related Information
• Police Establishment Boards –
These are constituted at the state level.
The establishment of PEBs was one of the Supreme Court’s directives on Police Reforms in Prakash Singh Vs Union
of India, 2006.
• Other directives in the Prakash Singh Case –
Constitute State Security Commissions at the state level
Constitute National Security Commission at the Centre level
Appointment of the DGP through merit based transparent process and the DGP should be given minimum tenure
of 2 years
Minimum tenure of 2 years to police officers on operational duties (including the SPs in charge of district and
SHOs in-charge of a police station)
Separation of investigation and law & order functions
Creation of Police Complaints Authority at state & district levels
Census exercise delayed till 2024 -25

Context
• The Census enumeration, which was scheduled to take place in 2021, has been further pushed to 2024-25 until
further orders.
About Census
• Definition: Census is the process of obtaining information about every member of the population. It is different from a
sample where information is only obtained for a subset of the population (in contrast, census records the information
of each and every Individual).
• Frequency: Census is a decennial exercise i.e. it is conducted every 10 years. The first census was held in 1881 and
the last census was conducted in 2011. The Census exercise of 2021 was suspended due to Covid 19. Census 2021
was supposed to be ‘India’s first digital census’.
Census exercise has been carried out every decade in India since 1881 except for some regional interruptions
(1981 - Assam agitation, 1991 - Jammu and Kashmir).
Carried out in two phases - House listing and house census followed by Population census.
• Information recorded: The census records a range of information Age, Gender, Religion, SC/ST, Status of Migration,
Economic activity, Fertility rate, educational level, mother tongue etc.
But remember no caste census is conducted i.e. besides data on scheduled caste and scheduled tribes no data
on caste is collected.
• Provisions: Census forms part of the Union list. It is carried out by the registrar General and Census commissioner under
the Ministry of Home Affairs. The census takes place under the provisions of Census Act, 1948 and Census rules 1990.
For Prelims remember that neither the act nor the rules mention the periodicity of the census i.e. it is not legally
mandated for the Government to carry out a census every 10 years.
• Provisions related to NPR, NRC become important from examination perspective. Refer to the SIP: Polity Static
Governance 43
First Information Report

Context
• FIR (First Information report) sets the process of criminal justice in motion. The police can take up investigation of the
case only once the FIR is registered.
About First Information report:
• Definition: It is a written document prepared by the police when they receive information about the commission
of a cognizable offense. It is known as First Information report as the report of information reaches the police first.
• Filing of FIR (First Information report): FIR can be filed by anyone:
It can be filed either orally or in writing to the police.
Telephonic message can also be treated as an FIR.
Police officer himself can file an FIR in case he comes to know about a cognizable offense himself.
• Types of offenses: Cognizable offenses and Non – cognizable offenses
Cognizable offense: It is one in which the police may arrest a person without warrant. Police are authorized to
start investigation into a cognizable offense on their own and do not need any orders from the court.
Non – cognizable offenses: In these offenses police officer has no authority to arrest without warrant. The police
cannot investigate such an offense without the court’s permission.
• Provisions in case FIR is not registered: One can approach Superintendent of Police or other higher officers like Deputy
Inspector General of Police & Inspector General of Police (in writing/post/etc.)
• Difference between a complaint and an FIR:
Complaint: Section 200 of CrPC defines complaint as any allegation made orally or in writing to a Magistrate, with
a view to his taking action under this Code. It does not include a police report. While FIR is a document which has
been prepared by police after verifying the facts of the complaint. If it appears in a complaint that a cognizable
offence has been committed, then an FIR under Section 154 CrPC will be registered.
Related Information
One should know some key facts related to Zero FIR and how it is different from Normal FIR. Zero FIR is different from
normal FIR in two ways:
1. F iling of report: Unlike Normal FIR (First Information report) which is restricted by Jurisdiction, Zero FIR can be filed
in any police station regardless of jurisdiction in which offense was committed.
2. S erial number: Number ‘0’ is assigned in a Zero FIR whereas in normal FIR a particular serial number is assigned
to them.
It is Important to know that although Zero FIR can be registered in a station without Jurisdiction the actual investigation
is done by the Police station with Jurisdiction of the place where offense took place.
National Pharmaceutical Pricing Authority

Context:
• The National Pharmaceutical Pricing Authority has allowed a hike of 10% in nearly 800 drugs and devices listed under
the National List of Essential Medicines from 1 April 2022.
• This hike in prices was allowed due to an increase in input costs. Input costs are rising because of India’s heavy
dependency on China for Drug imports.
About National Pharmaceutical Pricing Authority:
• Objective: NPPA is a regulatory agency of the government responsible for controlling the prices of pharmaceutical
drugs in India.
• Background: NPPA was set up as an attached office of the Department of Chemicals and Petrochemicals (Now referred
to as Department of Pharmaceuticals) on 29th August 1997.
• Headquarters: New Delhi, India.
• Functions: The organization performs the following functions:
Fixes the price of drugs on the National List of Essential Medicines (NLEM) under schedule-I of Drug Price Control
Orders (DPCO).
It monitors the availability of drugs, identifies shortages, if any, and takes remedial steps.
NPPA also renders advice to the Central Government on changes/revisions in the drug policy
It was made to fix or revise the prices of controlled bulk drugs and formulations and to enforce price and availability
of the medicines in the country, under the Drugs (Prices Control) Order, 1995-2013 (DPCO).
Related Information
Some key terms one should know about from the perspective of Prelims. These are mentioned below:
• Active pharmaceutical ingredients: Any substance or mixture of substances when used in the production of the drug
(medicinal) becomes the active ingredient of the drug.
• Bulk Drugs: Active pharmaceutical ingredients are referred to as bulk drugs. It refers to the key ingredient (chemical
molecule) of the drug/medicine which lends it the desired cure (therapeutic effect) for example Paracetamol is a
bulk drug, which acts against pain.
• National list of Essential medicine: The list is released by the Ministry of Health and Family welfare. Following things
one needs to know about the NLEM.
Essential medicines are those that satisfy the priority healthcare needs of the majority of the population.
The list is country specific which addresses the disease burden of the nation and refers to commonly used medicines
at primary, secondary and tertiary level.
The primary purpose of NLEM is to promote rational use of medicines considering the three important aspects
i.e. cost, safety and efficacy.
It also promotes prescription by generic names
• DPCO (Drug Price Control Order 1995): It is an order issued by the Government of India under Essential Commodities
Act, 1955 to regulate the prices of drugs. NPPA fixes the Ceiling price (price above which medicines cannot be sold)
for medicines, as per the provision of DPCO.
• Scheduled & Non-Scheduled Drugs: The drug (medicinal) can be divided into scheduled and non scheduled drugs.
Scheduled Drugs Non-Scheduled Drugs

•
These drugs are mentioned under Schedule I of DPCO. Since • The drugs are not under the price regulation of the
2013 the schedule drugs consist of Essential Medicines which are NPPA
declared by Government through NLEM • Drugs (Prices) Control Order 2013 allows the
•
These drugs are subject to price regulation by the government. manufacturers of non-scheduled drugs to increase the
•
At present there are 74 scheduled bulk drugs (about 15% drugs) price of the non-scheduled drugs by 10% every year.
•
Ensure availability and accessibility of essential medicines at • Consist of 85% of drugs of pharma market
affordable prices.
Quality Council of India (QCI)

Context:
• Recently, Quality Council of India (QCI) completed 25 years of its existence.
About Quality Council of India (QCI)
• Origin: It was established as a National body for Accreditation in 1996. The body was set up as a Public Private
partnership between Government of India and Indian Industry. The Indian Industry was represented by three premier
organizations:
ASSOCHAM (Associated Chambers of Commerce and Industry of India)
CII (Confederation of Indian Industry)
FICCI (Federation of Indian Chambers of Commerce and Industry)
• Nature: QCI is a non-profit organization registered under the Societies Registration Act XXI of 1860.
• Nodal Ministry: The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry.
• Objectives: QCI aims at creating an ecosystem for quality.
Governance 45
• Role: Quality council of India being the National accreditation body maintains the quality and standards of Indian
products and services by:
Establishing and operating a structure for national accreditation while also promoting quality by the National
Quality campaign.
Creates a mechanism in which all processes, services and products have to go through a third - party inspection/
assessment.
The organization works through its own set of resources, including fees which it gets from accreditations and
quality promotion investment.
• Structure of QCI: Bodies of QCI which makes Governance Structure are:
Governing Council:
It is the apex level body responsible for formulating strategy, policy and monitoring of various components of QCI.
Membership: Presently the council consists of 38 members with equal representation from government, industry
and consumers.
Chairman: Governing council is headed by a Chairman who is appointed by the Prime Minister .
Accreditation Boards (ABs) and Quality Promotion Board: Quality council of India performs its function through five
constituent boards:
1. National Accreditation Board for Certification Bodies (NABCB)
2. National Accreditation Board for Education and Training (NABET)
3. National Accreditation Board for Testing and Calibration of Laboratories (NABL)
4. National Accreditation Board for Hospitals & Healthcare Providers (NABH)
5. National Board for Quality Promotion (NBQP)
National Credit Framework (NCrF)

Context
• Recently, the Union Ministry of Education unveiled the draft ‘National Credit Framework’.
About NCrF
• Background: The NEP, 2020 recognised skill deficit as a major lacuna in our educational system and has thus mandated
educational institutions to integrate skill development into their course offerings. To achieve the vision and intent of
NEP, 2020 , educational bodies of the government have designed a comprehensive framework called ‘National Credit
Framework’.
• Objective of NCrF: The National Credit framework aims to achieve the following objectives:
To enable the integration of academic and vocational domains to ensure flexibility and mobility between the two.
To open options for further progress of students and blend – schools & higher education with vocational education
& experiential learning.
To enable students who have dropped out of mainstream education to re-enter the education ecosystem
• About NCrF: Some key facts related to National credit framework are:
It is an umbrella framework encompassing all other qualification frameworks for school, higher and vocational
education (such as National School/higher education qualification framework and National Skill qualification
Framework).
Creditising learning - NCrF assigns credit based value to different levels of learning such as academics, skilling,
experiential learning, etc.
Importance of credits - it will be a way to recognise and quantify the learning levels and learning outcomes at
different stages of education/vocation.
• Proposed Credit Regime under NCrF
As per the draft NCrF, credits will be assigned on the basis of learning hours from class 5 to PhD level.
Based on the number of years of learning along with assessment, there are 8 levels in the proposed credit-based
framework (class 5 being the level 1 and PhD being the level 8).
• Mobility between different stages and types of learning

NCrF offers an option of accumulating, transferring or redeeming credits through ‘Academic Bank of Credits’.
• Academic Bank of Credits (ABC):
It is a digital storehouse that contains the information of credits earned by individual students throughout their
learning journey.
It is a joint initiative of the Ministry of Education and Ministry of Electronics & Information Technology.
Performance Grading Index for Districts (PGI-D)

Context:
• Recently, Ministry of Education has released first ever report on Performance Grading Index for Districts (PGI-D) for
the year 2018-19 and 2019-20
About PGI-D
• Objective: Evaluates the performance of – School Education System at the District level by creating an index.
• Publishing agency: The Department of School Education and Literacy (DoSEL), Ministry of Education.
• Structure of PGI-D:
It comprises of total weightage of 600 points across 83 indicators, grouped in 6 categories -
Outcomes
Effective Classroom Transaction
Infrastructure Facilities & Student’s Entitlements
School Safety & Child Protection
Digital Learning
Governance Process
• Assessment Grades: PGI-D grades the districts into 10 grades
The highest achievable grade is Daksh – Score more than 90% of total points
Lowest grade in PGI-D is - Akanshi-3 - scores up to 10% of total points
• Key Highlights of report:
Three districts from Rajasthan performed the best in the assessment.
• Best Performer:
Sikar, Jhunjhunu, and Jaipur figured in ‘Utkarsh’ grade (score between 81% to 90% of total points) in 2019-20
Rajasthan has the highest 24 districts in this grade, followed by Punjab (14), Gujarat (13), and Kerala (13)
• Lowest Performers:
The districts with the lowest scores in this category were. South Salmara-Mankachar (Assam), Alirajpur (Madhya
Pradesh), North Garo Hills and South Garo Hills in Meghalaya, and Khowai (Tripura) in 2019-20.
Global Centre for Traditional Medicines – Gujarat

Context
• Prime Minister laid the foundation stone of WHO Global Centre for Traditional Medicine (WHO-GCTM) in Jamnagar,
Gujarat.
About GCTM and related facts
• Meaning of Traditional Medicine –
It refers to health practices, approaches, knowledge, and beliefs incorporating plant, animal and mineral based
medicines, spiritual therapies, manual techniques, and exercises, applied singularly or in combination to treat,
diagnose or prevent illnesses or maintain well-being.
The traditional medicine system in India is categorized into Ayurveda, Yoga, Unani, Siddha, Homeopathy and
Naturopathy.
These medical systems represent the co-existence of humanity with nature and promote a holistic way of healthy
living.
Governance 47
• First of its kind: GCTM will be the first and only global outpost centre for traditional medicine across the world.
• Ministry: it will be established under the Ministry of AYUSH
• Role of GCTM: The following role will be performed by GCTM:
Providing leadership on all global health matters related to traditional medicine.
Extending support to WHO-member countries in shaping various policies related to traditional medicine research,
practices, and public health.
Elections
Expenditure Limits under RPA,1951
Context
• Recently, the Election Commission of India announced a hike in expenditure limit of candidates contesting elections
to Lok Sabha and State Assemblies.
About Expenditure Limit
• New expenditure limit
For a candidate contesting Lok Sabha constituency – ₹70 lakh (for smaller states like Goa, Manipur, Meghalaya,
etc.) to ₹95 lakh (for bigger states like Uttar Pradesh, Maharashtra, Tamil Nadu, etc.).
For a candidate contesting State Assemblies elections - ₹28 lakh to ₹40 lakh.
• Previous expenditure limits
Lok Sabha elections - ₹54 lakh to ₹70 lakh.
State assembly elections - ₹20 lakh to ₹28 lakh.
• Reasons for hike: Increase in number of electors/voters and rise in Cost Inflation Index.
• Meaning of expenditure limit: It refers to the amount a candidate is allowed to legally spend on election campaigning
including public meetings, rallies, advertisements, posters & banners, and vehicles.
• Law related to regulation of poll expenditure:
Section 77 of Representation of Peoples Act, 1951 – every candidate must keep a separate and correct account
of all expenditure incurred (in connection with the election) from the date on which they are nominated to the
date of declaration of result.
Section 78 – all candidates are required to submit their expenditure statement to the Election Commission within
30 days of completion of election.
Section 10A – Incorrect account or expenditure beyond the prescribed limit can lead to disqualification of a
candidate for up to 3 years.
• Important note: There is no limit on how much a political party can spend on elections. But they have to submit a
statement of their expenditure to the Election Commission within 90 days of completion of elections.
Electoral Bonds
Context
• Total amount collected by political parties, through Electoral Bonds (EBs), from various anonymous donors has gone
up to ₹11467 Crore.
• The Electoral Bonds Scheme was launched in 2018 with an objective to cleanse electoral funding and reduce the
impact of black money on elections.
About Electoral Bonds
• Meaning and working of electoral bonds:
EBs are like a promissory note that can be bought by any Indian citizen or company incorporated in India from
specified branches of the SBI.
A citizen or corporate can then donate the same to any eligible political party of their choice.
Political parties who received such EBs from donors can then encash them through the party’s designated bank
account with the authorized bank.
Elections 49
Electoral Bonds are valid for 15 days from the date of issue.
EBs are interest free.
• Denominations in which EBs can be bought:
EBs are issued by the SBI in multiples of ₹1000, ₹10000, ₹1 Lakh, ₹10 Lakh, and ₹1 crore.
They can be issued/purchased for any value (no upper limit) in above-mentioned denominations.
It can be bought through digital payment/cheque and not through cash.
• EBs are issued by: 29 specified branches of the SBI in cities such as New Delhi, Gandhinagar, Lucknow, Bhopal, Chennai,
Guwahati, etc.
• Eligible political parties: EBs can only be received by those political parties which are registered under section 29A
of the Representation of the Peoples Act, 1951 and secured not less than 1% of the votes polled in the last general
election to the House of the People or a Legislative Assembly.
• Eligibility of donors: Donors must fulfil KYC norms and have a valid bank account.
• Anonymity of Donor: Following are some key facts related to Anonymity
EBs do not carry the name of payee/donor.
So, the identity of the donor is anonymous and is known only to the bank.
• Availability of Elections Bonds:
EBs are available for purchase for 10 days in the beginning of every quarter.
The first 10 days of January, April, July, and October have been specified by the government for the purchase of EBs.
Additional period of 30 days can be specified by the government in the year of Lok Sabha elections.
• EBs scheme amended important laws:
Foreign Contribution Regulation Act, 2010 (FCRA)– amendments made in this act now allow foreign companies
owning majority stakes in Indian companies to donate to political parties.
Representation of People Act, 1952 (RPA)- amendments made in this act exempts political parties from reporting
donations received through EBs to the Election Commission.
Companies Act, 2013 –
» Previously, a corporate firm could donate a maximum of 7.5% of its average three year net profit as political
donations according to Section 182 of the Companies Act.
» Section 182 also provided that the companies had to disclose details of their political donations in their annual
statement of accounts.
» Amendments made in this act now ensure that above-mentioned section-182 provisions would not be
applicable to companies in case of electoral bonds.
• Challenge to EB Scheme in the Supreme Court
Constitutionality of Electoral Bonds has been challenged in the Supreme Court on the allegations that it facilitates
unaccounted anonymous political donations by corporations. The case is pending before the SC at the moment.
Electoral Bonds Scheme was an outcome of passage of the finance act in 2017. It is also alleged that it was passed
as a finance act to bypass the scrutiny of Rajya Sabha. Justification of EB scheme as a finance act is also challenged
before the SC and matter is currently pending.
Elections Laws (Amendment) Act, 2021

Context
• Election Laws (Amendment) Act, 2021 (ELA, 2021) paved the way for linking Aadhaar with Voter ID. The Act is aimed
at weeding out duplication in the electoral rolls. The Act amended RPA, 1950 and RPA, 1951 to implement certain
electoral reforms.
About amendment to Election laws
• Linking Electoral Roll data with Aadhar:
Electoral registration officers may require a person to furnish their Aadhar number for establishing their identity
for inclusion of their name in the electoral roll of a constituency.
Though not providing Aadhaar number will not deny a person’s inclusion/deletion in/from the electoral roll but
in such cases sufficient cause has to be conveyed to the electoral registration officer.
Such persons may be permitted to furnish alternate documents prescribed by the central government.
• Qualifying Date for enrolment in electoral roll:
Previously there was only a single date for enrolling under the RPA, 1950 – 1st January.
It meant that a person turning 18 after 1st January would be able to register only in the next year.
But now, the ELA, 2021 provides 4 qualifying dates - 1st January, 1st April, 1st July, and 1st October - for enrolment
in electoral roll.
• Requisition of Premises for election purposes:
The RPA, 1951 permits the state government to requisition premises needed or likely to be needed for being used
as polling stations, or for storing ballot boxes after a poll has been conducted.
The ELA, 2021 expands the purpose for which premises can be requisitioned. These include using the premises
for counting, storage of voting machines and poll-related material, and accommodation of security forces and
polling persons.
• Gender-neutral Provisions:
The RPA, 1951 enables the ‘wife’, of a person holding a service qualification (armed forces personnel or central
government employees posted outside India) to vote either in person or by postal ballot.
The ELA, 2021 replaces the term ‘wife’ with ‘spouse’.
Related Information
• Representation of People Act, 1950 provides for allocation of seats and delimitation of constituencies for elections,
qualifications of voters, and preparation of electoral rolls.
• Representation of People Act, 1951 provides for the conduct of elections, and offenses & disputes related to elections.
Political Parties - Recognition criteria:

Context
• Recently, the Income Tax Department conducted raids at offices of various Registered Unrecognized Political Parties
(RUPPs).
• There are around 2800 registered political parties in India. Only around 2% of these are recognized by the Election
Commission of India (ECI).
The ECI has reported that the majority of Unrecognized parties do not adhere to statutory compliances, such as filing
documents related to funding and taxation, among others.
About Political party
• Forming a Political Party: to form a political party, any association or body of individuals has to get themselves
registered with the ECI under section 29A of RPA, 1951.
• Recognition of a political party – as per Election Symbols (Reservation and Allotment) order, 1968, political party
can be recognized either as a ‘National Party’ or as a ‘State Party’ depending on the number of votes or seats they
secure in elections.
• National Party recognition criteria –
Political party can be recognized as a national party by the ECI, if it satisfies any one of the following conditions.
If a political party secures at least 6% of valid votes polled in at least 4 states in previous election to Lok Sabha or
to a state assembly and in addition, it needs to have won 4 seats in the Lok Sabha.
If it wins 2% of Lok Sabha seats (11/543) from at least 3 different states.
If it is recognized as a ‘State Party’ in at least 4 states.
• State Party recognition criteria – in order to be recognized as a state party by the ECI, a political party has to satisfy
any one of the following 5 conditions.
Elections 51
Parameters Minimum % of valid Minimum % of valid votes Minimum seats to Minimum seats to be won
Conditions votes at a general at general election to be won at general at general election to
election to LS in the state respective state assembly election to LS respective state assembly
1. - 6% - 2
2. 6% - 1 -
3. - - - 3% of total seats or 3 seats
(whichever is more)
4. - - 1 in every 25 LS -
seats allotted to
the respective
state
5. 8% or 8% - -
• Benefits of recognition –Exclusive symbol, Free broadcast facilities over Door Darshan and All India Radio, Free copies
of electoral roll, among others.
Related Information
• Aam Aadmi Party (AAP) is set to become 9th National Party in India after the result of recently concluded Gujarat
Assembly elections.
• Current National Parties (Total 8) – BJP, Congress, Trinamool Congress (TMC), Communist Party of India (Marxist),
Communist Party of India (CPI), Nationalist Congress Party (NCP), Bahujan Samaj Party (BSP) and National People’s
Party (NPP).
• Status as a national party or as a state party is subject to performance in the elections. It means that a party may gain
or lose such status from time to time depending on their electoral performance.
• The ECI conducts a review of such status every 10 years.
Election Symbol
Context
• Recently, the Election Commission of India (ECI) froze the well-known ‘Bow and Arrow’ symbol of Shiv Sena party
after the emergence of a dispute within its factions over a claim of the party’s symbol.
About Election symbols
• Allocation of Symbols
The Election Symbols (Reservation and Allotment) Order, 1968 empowers the ECI to allot symbols to political
parties.
The ECI can decide on disputes among factions/groups/sections of a recognized political party staking a claim to
its name and/or symbol, as per above-mentioned order.
The ECI is the only authority to decide on such disputes. The Supreme Court upheld this in Sadiq Ali Vs ECI case,
1971.
• Types of Symbols
Reserved Symbols:
» These are reserved for recognized national and state political parties.
» Recognized National parties can use its exclusive and reserved symbol across the country.
» Recognized state party can use its exclusive and reserved symbol in a state in which it is recognized as such.
• Free Symbols: The ECI has a pool of 197 ‘free’ symbols (as of September 2021) that are allotted to unrecognized
parties and independent candidates.
Related Information
• Animals as a party symbol has been banned by the ECI since 1990.
• The elephant symbol of the BSP or the tiger symbol of the Forward Bloc Party were allocated to them before the ban.
Delimitation commission
Context
• Recently, the Delimitation Commission finalized the delimitation order for the Union Territory of Jammu & Kashmir.
• Delimitation Commission was constituted by the Government of India in exercise of powers conferred upon it by the
Delimitation Act, 2002.
• The Delimitation Commission was entrusted with the work of delimiting the assembly and parliamentary constituencies
in the Union Territory of J&K on the basis of the 2011 census.
About Delimitation:
• Meaning of Delimitation: It is the process of redrawing boundaries of Lok Sabha and/or State Assembly constituencies
to represent changes in the population.
• Objectives of Delimitation:
To have equal representation to equal segments of population.
To ensure a fair division of geographical areas so that all political parties/candidates contesting elections have a
level playing field in terms of number of voters.
• Constitutional Provisions:
Constitution under article 82 & article 170 empowers the Parliament to enact a law, after completion of each
census regarding readjustment of
» Allocation of seats in the Lok Sabha to states
» Total number of seats in assembly of each state
» Division of Lok Sabha and state assembly constituencies
Parliament, using above-mentioned powers, has enacted the Delimitation Commission Act four times – in 1952,
1962, 1973, and 2002.
• Appointment of Delimitation Commission: It is constituted by the Union Government in accordance with provisions
of the Delimitation act passed by the Parliament.
• Composition of Delimitation Commission:
It is also mentioned in the respective Delimitation Act passed by the Parliament.
Example – According to the Delimitation Act, 2002, Delimitation Commission shall consist of 3 members –
» Serving or Retired Judge of the Supreme Court as a Chairperson
» Chief Election Commissioner (CEC) or Election Commissioner nominated by the CEC
» State Election Commissioner of a concerned state
Related Information
• Currently, the allocation of Lok Sabha seats to states is based on the population figures of the Census-1971.
• Readjustment of allocation of LS seats to states has been frozen till the first census after the year 2026 by the
Constitution (84th amendment) Act, 2001
• Present boundaries of territorial constituencies of LS and State assemblies (except for J&K) is based on the population
figures of Census-2001.
Remote Electronic Voting Machine

Context:
• Recently, the Election Commission of India (ECI) developed a prototype of Remote Electronic Voting Machine (RVM),
which would allow domestic migrant workers to vote in national and regional elections.
• However, the Commission could not demonstrate the prototype due to concerns raised by Opposition parties related
to challenges in Remote Voting.
Elections 53
About Remote Voting:

• Need of Remote Voting: The voter turnout in General Elections 2019 was 67.4%. Nearly, 30 crore electors could not
exercise their right to vote due to various reasons. One of the prominent reasons was inability to vote due to internal
migration. Hence, ECI came up with a solution of remote voting to improve voter turnout in the elections.
• Supreme Court in Dr. Shamsheer V.P. vs. Union of India case (2015), directed the ECI to explore options for Remote
Voting for Domestic Migrants.
• Postal ballot voting: Currently, ECI allows postal ballot voting for specific categories of people not being able to vote-
in- person like Service personnel’s, persons on election duty, persons in preventive detention etc.
• Remote Voting: For Remote Voting, a voter has to pre-register for remote voting facility by applying online/offline,
within a per-notified time before elections with his/her home constituency Returning Officer. Special multi- constituency
remote voting polling stations will be set up in the places of their current residence.
• Amendments required :To introduce Remote Voting, following Acts and Rules need to be amended:
Representation of People Act, 1951
The Conduct of Election Rules, 1951
The Registration of Electors Rules, 1960.
• Features of RVM:
RVM is a stand alone, non- networked system having the same security features as EVMs and providing the same
voting experience to the voter like EVMs. Each RVM can handle up to 72 constituencies.
A dynamic ballot display will be used instead of usual printed ballot paper like EVM. The dynamic ballot will display
the list of candidates based on the Constituency number in which the voter is registered.
It will also have RVVPAT (Remote Voter Verified Paper Audit Trail) similar to the current VVPATs in EVMs to ensure
transparency.
The result will be shared with the home constituency Returning Officer.
• Challenges associated with RVMs:
Definition of Migrant workers.
Definition of Remote Voting and remoteness of any area.
To implement Model Code of Conduct in remote locations (other states) where the election process is not going on.
Logistics and counting challenges.
Trust deficit regarding RVMs will prevail in the same manner as in case of EVMs.
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Coverage of Complete CA of 2022

Special Features of This Book:

1. CONSTITUTION AND RELATED ISSUES��������������� 1 4. JUDICIARY��������������������������������������������������������� 30

Constitution and Related Issues

Quota for Vanniyar community

Fact for Prelims:

Economically weaker Sections Quota

Right of Speech of Ministers

Uniform Civil Code

Essential Religious Practice

Anti conversion laws in India

List of States with Anti-Conversion laws

Linking with the Static:

Minority status in India

Official language Status

Governor address under Article 176

Foreign Visit of State Government Ministers

Special category Status

Inter State Boundary Dispute

Border dispute Region of Disputes

Linking with the Static

Inter State River Disputes

Issues Related to Legislature/Laws/Bills

Secretary General of Rajya Sabha

Linking with the static:

Suspension of MLA’s from Maharashtra

Joint Parliamentary committee:

Addition to Scheduled Tribes list

• Definition of Public Authority: Constitutional bodies + Statutory bodies + bodies owned/financed/administered by

Places of Worship Act, 1991

Foreign Contribution (Regulation) Act 2020

Prevention of Money laundering Act, 2002 (PMLA)

Abortion Laws in India

Protection of children from Sexual Offenses Act 2012 (POCSO)

 Conviction rate under POCSO cases is 14%.

Armed Forces (Special Powers) Act, 1958

Narcotics and Psychotropic Substances Act, 1985

Criminal Procedure (Identification) Rules, 2022

National Judicial Data Grid

About National Judicial Data Grid

Constitutional Bench of Supreme court

Inter-operable Criminal Justice system:

Regional Languages in the Legal system:

 No woman CJI till date.

Sealed cover Jurisprudence:

Supreme court view on Bail Provisions

Legality of Online Gaming

Bail provision under UAPA

Alternative dispute resolution

Safeguarding Aadhaar Data

Census exercise delayed till 2024 -25

First Information Report

National Pharmaceutical Pricing Authority

Scheduled Drugs Non-Scheduled Drugs

Quality Council of India (QCI)

National Credit Framework (NCrF)

• Mobility between different stages and types of learning

Performance Grading Index for Districts (PGI-D)

Global Centre for Traditional Medicines – Gujarat

Elections Laws (Amendment) Act, 2021

Political Parties - Recognition criteria:

Remote Electronic Voting Machine

1. CONSTITUTION AND RELATED ISSUES�� 1 4. JUDICIARY�� 30

Conviction rate under POCSO cases is 14%.

No woman CJI till date.