Conquer polity

Anti-Defection Law & Himachal Pradesh Case

• This relates to Rajya Sabha elections and Budget matters.

Section 65 of the Representation of Peoples Act, 1951 and Rule 81(3) of the Election Rules, 1961

• Deals with Returning Officers and equality of votes.

Kuldip Nayar versus Union of India (2006)

• Ruled that secrecy that leads to corruption can be removed through transparency.
• An elected MLA voting against their party candidate is not disqualified under the Tenth Schedule, but may face disciplinary action.
• Voluntarily giving up membership under the Tenth Schedule is not exclusively about formally resigning; a member's conduct inside and outside the house can determine membership relinquishment.

Whip in Rajya Sabha Elections

• The 'whip' is not binding in Rajya Sabha elections because:
• The Anti-Defection law states the whip's non-binding status in Rajya Sabha elections.
• The election of MPs to the Rajya Sabha isn't a Legislative Assembly proceeding.
• Rajya Sabha elections use a Proportional Representation System.

Nabam Rebia Case

• Relates to the powers of the Speaker of a Legislative Assembly acting under the Tenth Schedule of the Constitution.
• In Nabam Rebia (2016), the Supreme Court ruled that it is unconstitutional for a Speaker to adjudicate disqualification petitions under the Tenth Schedule while a motion for their removal is pending.
• MLAs who plan to defect may attempt to stall disqualification proceedings against them by seeking the Speaker's removal via notice.

Article 142 of the Constitution

• The Supreme Court's power under Article 142 includes issuing orders for complete justice and securing attendance, discovery, or punishment for contempt.
• IIM Ahmedabad Study (1950 to 2023): The Court has used its powers under Article 142 in 791 cases.
• Recent cases where Article 142 was used:
  • Dalit boy's admission to IIT Dhanbad.
  • Chandigarh Mayor Elections.
  • Delhi Metro Rail Corporation case.
  • Banning liquor sales within 500 meters of national highways in 2017.
• One statement is true regarding Article 142 of the Constitution:
  • It was adopted by the Constituent Assembly without any debate.
• Orders under Article 142 must align with fundamental rights but can be inconsistent with ordinary laws; Prem Chand Garg Case (1962).

Curative Petitions

• The Supreme Court reviews and corrects its own judgements, within a "reasonable time period".
• Rupa Ashok Hurra v Ashok Hurra (2002) involved a matrimonial dispute.
• Grounds for curative petitions:
  • Violation of natural justice principles
  • Bias of the presiding judge
  • Abuse of process
• Union of India v Union Carbide (2023)
  • Gross miscarriage of justice
  • Fraud or suppression of material facts.
• Review Petition happens within 30 days of the judgement, if:
  • An error has been pointed out in the judgement.
  • New facts have been discovered.
• Requirements
  • The petition needs a senior advocate's certification, highlighting substantial grounds.
  • It is circulated to a bench of the three senior-most judges accompanied by the judges who passed the original judgement, if available.
  • Only if a judging majority deems it necessary for a hearing is it listed, preferably before the same bench that passed the initial judgement.

National e-Governance Services Delivery Assessment (NeSDA)

• NeSDA’s parameters are measured by:
• Department of Administrative Reforms and Public Grievances
• Constituted in 2019
• Conducted every 2 Years
• The Annual NeSDA Way Forward Report 2023 states that the Knowledge partner is NASSCOM/PwC
• UT of Jammu and Kashmir tops in States/UTs with 1,117 e-Services.
• Saturation level of 76% of mandatory e-Services by States/UTs, increased from 69% under NeSDA 2021.
• Assam and Odisha belong in this statistic.

Corruption Perceptions Index (CPI)

• The CPI ranks 180 countries based on perceived public sector corruption levels, from 0 (highly corrupt) to 100 (very clean).
• The CPI is created by Transparency International - non-governmental, not-for-profit.
• India ranks 93 out of 180 countries in the 2023 Corruption Perceptions Index, dropping from 85 in 2022.

Right Against Adverse Effects of Climate Change

• Right against adverse effects of Climate Change is a Fundamental Right under Article 14 and 21; Ranjit Singh.
• Great Indian Bustard and Lesser Floricans belong in this statistic.
• Article 48A (42nd Amendment, 1976): The State protects the environment and safeguards forests and wildlife.
• Clause (g) of Article 51A mandates every Indian citizen to protect/improve the shared environment, and compassion for living creatures.
• Prelims 2017: The 42nd Amendment added “Participation of workers in the management of industries” to the Directive Principles of State Policy.
• Article 21 recognizes the right to life and liberty.
• Article 14 secures equality before the law and equal protection of the laws.
• These Articles are important regarding environmental protection and climate effects

Project 39A

• The National Law University, Delhi runs Project 39A
• Project 39A fosters dialogue on legal aid, torture, forensics, prison mental health and the death penalty, and is inspired by Art 39 A which contains these components: -Art 39(b) -Art 39(c)
• The 42nd Constitutional Amendment Act of 1976 inserted this article.

Split in a Political Party

• If there is a split in a party, the Election Commission will determine its actions: -Only one statement is correct
• Para 15 of the Symbols Order, 1968: -Describes recognising that the "Commission is satisfied... that there are rival sections or groups of a recognised political party each of whom claims to be that" -The "party the Commission may, after taking into account all the available facts and circumstances of the case and hearing (their) representatives and other persons as desire to be heard decide that one such rival section or group or none of such rival sections or groups is that recognised political party and the decision of the Commission shall be binding on all such rival sections or groups."
• This applies to disputes within recognised national/state parties.
• The EC advises splits in registered but unrecognised parties to resolve differences internally or approach the court.

Nominated MP's of the Rajya Sabha

• .The president can nominate 12 MPs to the Raja Sabha
• 2 nominated MPs to Lok Sabha and 1 nominated MLA to LA were eliminated
• The 104th CAA act eliminated nominated MPs from the Anglo-Indian community
• 1952: Rukmini Devi Arundale was the first woman nominated member of the Rajya Sabha.
• Under the Allocation of Business Rules, 1961, the subject “Nominations to the Rajya Sabha" is allocated to the Ministry of Home Affairs, who are the administrative Ministry for initiating the process of nominations.
• At the Centre no nominated member has been included in the Council of Ministers in the latest reports.
• Nominations of MPs follows 3 rules
• Nominated members possess equal powers and privileges as elected members of Parliament.
• They cannot vote in the election of the President of India
• However, they do have the right to vote to elect The Vice-President of India.
• A nominated member can join a political party within six months without disqualification
  • They still must file assets and liabilities under the 1951 Act.

Bail in PMLA Cases

• Section 45: Bail in PMLA Cases
• Twin test
• Hear the prosecution
• Presumed guilty
  • If the court believes not guilty, not guilty
  • If the judge is the satisfied that the accusee won't commit the offence again.
• If Noman is elderly/sick or less than 16 years of age.

Laws with Shifted Burden of Proof

• Laws where the accused are presumed guilty: -Narcotic Drugs and Psychotropic Substances Act -Prevention of Money Laundering Act -Unlawful Activities (Prevention) Act -Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

UA(P)A, 1967

• Relates to Newsclick founder-editor and what is illegal
• Accusations require you be informed in writing

Bharat Ratna

• The President and recipient both standing, while other guests, including the Vice-President are seated, and the Prime Minister when the recipient stays seated may stay seated if elderly or indisposed.
• In 1954 The Padma Awards was suspended then revoked
• PM - Once announced once, then revoked; Subhash Chandra Bose who never received the reward.
• The award was suspended twice between 1977-1980 and 1992

Warrant of Precedence

• The warrant of precedence includes in descending order:
  • President
  • Vice-President
  • Prime Minister
  • Governors of States within their respective States
  • Former Presidents
  • Deputy Prime Minister
  • The Chief Justice of India and Speaker of the Lok Sabha.
  • Cabinet Ministers of the Union, Chief Ministers of States within their respective States, Former Prime Ministers, Leaders of Opposition in the Rajya Sabha and the Lok Sabha,
  • Holders of the Bharat Ratna decoration,
  • Ambassadors and High Commissioners of Commonwealth countries accredited to India, Chief Ministers of States outside their respective States, Governors of States outside their respective States,
  • Judges of the Supreme Court
  • Chief Election Commissioner and Comptroller & Auditor-General of India,
  • Deputy Chairman, Rajya Sabha and Deputy Chief Ministers of States.

Sita Soren Case

• JMM Bribery Case: was indigment but then overturned
• It defines what is known between privileges and Immunities of the Legislators is bribery.

Electoral Bonds Case

• Addresses quid pro quo
• ADR (Association for Democratic Reforms)
• Violales Article 19(1)(a)
• Right of the Cilizens should know
• Art 14 manifestly arbitrary.
• 25th C. A. Act, 1971
• It passes through parliament
• If one or all DPSPS
  • Article 14 is included, 19 and 31 should be included
  • Minvera Mills
  • Gives effect Art 39(b) and what is included
  • Provisión, Indement, LAN.
  • CP-2025