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 Table of Contents 1. Constitutional Developments……………………………………….……………………………….. 1 1.1 Article 370........................................................................................................................................1 2. Citizenship ……………....

 Table of Contents 1. Constitutional Developments……………………………………….……………………………….. 1 1.1 Article 370........................................................................................................................................1 2. Citizenship …………….…………………………………….……………………………………….2-3 2.1 Section 6A of Citizenship Act..........................................................................................................2 2.2 National Population Register...........................................................................................................2 2.3 Foreigners Tribunal...........................................................................................................................2 2.4 Dunki................................................................................................................................................3 3. Fundamental Rights ………………………………………………………………………………...4-10 3.1 Freedom of Speech...........................................................................................................................4 3.2 Free Speech of Public Functionaries.................................................................................................4 3.3 Euthanasia.........................................................................................................................................4 3.4 Excommunication and Essential Religious Practice.........................................................................5 3.5 Triple Test Formula..........................................................................................................................5 3.6 PIB’s Fact Check Unit......................................................................................................................5 3.7 National Security Act........................................................................................................................6 3.8 Right to Protect Genetic Information:...............................................................................................7 3.9 Right to Change Name......................................................................................................................7 3.10 Universal Declaration of Human Rights (UDHR)..........................................................................8 3.11 NARCO Analysis Test....................................................................................................................8 3.12 Right To Silence.............................................................................................................................8 3.13 High Court on Right to Residence for Foreigners..........................................................................9 3.14 News in Shorts................................................................................................................................9 4. Directive Principles of State Policy.…………………………………………………………………..11 4.1 Compassionate Appointment..........................................................................................................11 5. Union Executive ………………………………………………………………………………………..12 5.1 Office of Profit................................................................................................................................ 12 5.2 Solicitor General of India................................................................................................................ 12 6. Parliament and State Legislature ………………………………………………………………....13-19 6.1 Joint Parliamentary Committee....................................................................................................... 13 6.2 Expungement of Proceedings in the Parliament............................................................................. 13 6.3 Delegated Legislation..................................................................................................................... 13 6.4 Disqualification of Lawmaker........................................................................................................ 14 6.5 Suspension of Member of Parliament............................................................................................. 15 6.6 Ethics Panel..................................................................................................................................... 15 6.7 Parliamentary Privileges................................................................................................................ 16 6.8 Rules of Rajya Sabha...................................................................................................................... 16  6.9 Office of Whip................................................................................................................................ 17 6.10 Deputy Chief Minister and Guardian Minister............................................................................. 18 6.11 Reservation of Women in Legislature.......................................................................................... 18 6.12 Special Session of Parliament....................................................................................................... 19 6.13 Immunity to Legislators................................................................................................................ 19 7. Federal Relations ………………………..…………………………………………………...…… 20-24 7.1 Tamil Nadu Case............................................................................................................................. 20 7.2 Governor......................................................................................................................................... 20 7.3 GST Appellate Tribunal.................................................................................................................. 21 7.4 Government of National Capital Territory of Delhi (Amendment) Act, 2023............................... 22 7.5 MM Punchhi Commission.............................................................................................................. 23 7.6 North Eastern Council..................................................................................................................... 24 7.7 16th Finance Commission............................................................................................................... 24 7.8 Special Category Status.................................................................................................................. 24 8. Judicial System..…………………………………………………………………………………... 25-34 8.1 Chargesheets and FIRs.................................................................................................................... 25 8.2 Mandatory Minimum Sentencing................................................................................................... 25 8.3 Neutral Citation System................................................................................................................. 26 8.4 Judicial Majoritarianism................................................................................................................. 26 8.5 Foreign Lawyers and Firms in India............................................................................................... 26 8.6 LIMBS Project................................................................................................................................ 26 8.7 Parole and Furlough........................................................................................................................ 27 8.8 Digitization of Indian Judiciary...................................................................................................... 27 8.9 Collegium System........................................................................................................................... 28 8.10 Senior Lawyers and Advocates..................................................................................................... 29 8.11 Sealed Cover Jurisprudence.......................................................................................................... 29 8.12 Detention and Custody.................................................................................................................. 30 8.13 Review Petition............................................................................................................................. 30 8.14 Bail................................................................................................................................................ 31 8.15 Stamping and Arbitration.............................................................................................................. 31 8.16 Criminal Law Reform Bills........................................................................................................... 32 8.17 Legal Services Committee............................................................................................................ 33 8.18 News in Short................................................................................................................................ 34 9. Elections ………………………………….…………………………………………………….…..35-39 9.1 Representation of People Act, 1951................................................................................................35 9.2 Contesting Two Seats In One Poll..................................................................................................35 9.3 Chief Election Commissioner and Other ECs.................................................................................35 9.4 Electoral Bonds...............................................................................................................................36 9.5 Political Parties...............................................................................................................................36 9.6 Electronically Transmitted Postal Ballot System............................................................................37 9.7 Delimitation Exercise......................................................................................................................37 9.8 OPS Vs NPS...................................................................................................................................38 9.9 Digital Time Vouchers....................................................................................................................38 9.10 News in Short................................................................................................................................39 10. Scheduled and Tribal Areas..…………………………….………………………………..…… 40-41 11. Local Self Government & Cooperatives ……………………..………………………………... 42-44 11.1 Alderman: Right To Vote.............................................................................................................42 11.2 Multi-State Cooperative Societies (Amendment) Act, 2022........................................................42 11.3 Nagaland’s Municipal Act............................................................................................................43 11.4 Panchayat Development Index......................................................................................................44 12. Constitutional, Statutory and Executive Bodies ………………………………………..……... 45-46 12.1 The Competition (Amendment) Bill 2023....................................................................................45 12.2 National Human Rights Commission (NHRC).............................................................................45 12.3 General Consent............................................................................................................................46 12.4 Enforcement Directorate...............................................................................................................46 13. Significant Policies & Legislations ………………………………………………………….…... 47-57 13.1 Caste Census.................................................................................................................................47 13.2 IT Regulations...............................................................................................................................47 13.3 Organ Donation Policy.................................................................................................................51 13.4 Amendments to PMLA Rules.......................................................................................................52 13.5 Decennial Census..........................................................................................................................53 13.6 Jan Vishwas Act 2023...................................................................................................................53 13.7 News Broadcasting and Digital Standards Authority...................................................................54 13.8 National Generic Document Registration System........................................................................54 13.9 Digital Personal Data Protection (DPDP) Bill 2022.....................................................................54 13.10 Mediation Act 2023...................................................................................................................55 13.11 Mines and Minerals Act 1957.....................................................................................................56 13.12 Telecommunications Act 2023...................................................................................................56 13.13 Press and Registration of Periodicals Bill...................................................................................56 13.14 Post Office Act, 2023..................................................................................................................57 14. Miscellaneous …………………….………………………………………………………….…... 58-63 14.1 Henley Passport Index 2023.........................................................................................................58 14.2 Pennaiyar Tribunal........................................................................................................................58 14.3 Bootlegging...................................................................................................................................58 14.4 United Nations Convention Against Corruption...........................................................................58 14.5 Dotted Lands.................................................................................................................................58 14.6 CPGRAMS...................................................................................................................................58 14.7 RTI Act.........................................................................................................................................59 14.8 FCRA Violations..........................................................................................................................59 14.9 Adverse Possession.......................................................................................................................60 14.10 Simultaneous Elections...............................................................................................................60 14.11 Keralam.......................................................................................................................................60 14.12 Official Language.......................................................................................................................60 14.13 Dark Patterns...............................................................................................................................61 14.14 Right to Repair............................................................................................................................62 14.15 Copyright Law............................................................................................................................62 14.16 PRAGATI...................................................................................................................................62  14.17 Sports Governance......................................................................................................................63 14.18 State DGPs..................................................................................................................................63 14.19 Consumer Protection Act 2019...................................................................................................63 14.20 Kollam.........................................................................................................................................63 Articles and Terms in News …………………….……………………………………………….…........64 Appendix …………………..…………………….……………………………………………….…........66  1 Constitutional Developments 1.1 Article 370 More on News: Recently, a Constitutional Bench handling a Context: Recently, the SC upheld the petition on Article 370 abrogation stated that government's decision to suspend Article 370. a President's actions under Article 356 must About Article 370: be reasonable. Article 370 of the Constitution gave special The SC court held that it can review the status to Jammu and Kashmir in the Indian exercise of power and assess whether Union. Parliament's use of Article 356 has a It restricted the Centre’s legislative powers reasonable connection with the objective with respect to the state and gave the state intended by the Proclamation. legislature to make its own laws in all matters However, the court emphasised that the except for finance, defence, foreign affairs President's exercise of power for the and communications. "everyday administration of the State" is generally not subject to routine judicial review. The court held that it is the responsibility of the individual challenging the President's actions during an emergency to prove that they had malafide intent. The Bench held that if a case was established, the responsibility would shift to the Centre to justify the exercise of power. The Supreme Court relied on the S R Bommai ruling to hold that the actions of the President are constitutionally valid. About SR Bommai Case 1994: In this case, the SC unanimously held that the President’s proclamation can be subject to judicial review on grounds of illegality, About Article 35A of the Indian Constitution: malafide, extraneous considerations, abuse It was introduced through a presidential of power, or fraud. order in 1954 to continue the old provisions of While the President’s subjective appraisal of the territory regulations and it empowered the the issue cannot be examined, the Court held Jammu and Kashmir state legislature to define that the material relied on for making the permanent residents. decision can be reviewed. Until then, the It forbade outsiders from permanently President can only suspend the state settling, buying land, holding local legislature. government jobs or winning education If the Parliament fails to approve the scholarships; it also barred female residents proclamation within two months, the of Jammu and Kashmir from property rights dismissed government will automatically be if they married a person from outside the reinstated. erstwhile state. 1  2 Citizenship 2.1 Section 6A of Citizenship Act An illegal migrant is a foreigner who enters Context: Recently, the Chief Justice of India (CJI) the country without valid travel documents, verbally observed Section 6A of the Citizenship like a passport and visa, or Enters with valid Act, is a "beneficial provision." documents, but stays beyond the permitted About Section 6A of Citizenship Act: time period. Section 6A was inserted to accommodate provisions of the Assam Accord. 2.2 National Population Register As per Section 6A of the Citizenship Act, (NPR) people who entered India between January 1, 1966, and March 25, 1971, and have been Context: Advisory for citizens using self-fill living in Assam, will be allowed to register Census forms to update their NPR details online. themselves as citizens. About NPR: The foreigners who entered Assam before NPR is a database of all usual residents, January 1, 1966, and have been "ordinarily aiming to create a comprehensive identity resident" in the state, would have all the record of people in the country. rights and obligations of Indian citizens. A usual resident is a person who has resided Those who had entered between January 1, in a place for six months or more and intends 1966 and March 25, 1971 would have the same to reside there for another six months or rights and obligations except that they would more. not be able to vote for 10 years. It is mandatory for every “usual resident of It establishes March 24, 1971, as the cut-off India” to register in the NPR. date for entry into Assam, meaning those The NPR is prepared under the provisions of entering the state after that date would be the Citizenship Act 1955 and the Citizenship considered "illegal immigrants. (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. About Assam Accord: Assam Accord. a Memorandum of 2.3 Foreigners Tribunal Settlement, is a tripartite accord signed between the Centre, State Government of Context: Recently, the Union Government Assam and the leaders of the Assam submitted an affidavit in the Supreme Court Movement in 1985. stating that 32,381 people were ‘detected to be Clause 5 of the Accord establishes January 1, foreigners’ by the Foreigners Tribunal in Assam 1966, as the cut-off to detect and delete since 1966. "foreigners," with exceptions for those About Foreigners Tribunal: arriving before March 24, 1971. Foreigners Tribunal are quasi-judicial bodies About Citizenship Act 1955: set up under the Foreigners’ Tribunal Order, The Citizenship Act, 1955 regulates who may 1964 and the Foreigners Act, 1946 to enable acquire Indian citizenship and on what state administration (District Collector / grounds. However, illegal migrants are superintendents of police (SPs) to refer to a prohibited from acquiring Indian citizenship. person suspected of being a foreigner and it is functioning only in the state of Assam presently. 2  The Tribunal possesses powers of a Civil Court while trying a suit under The CPC, 1908. The Court can summon and request the attendance of any individual and examine him/her on oath and the Tribunal can request anyone to produce the necessary documents. 2.4 Dunki Context: The recently released film ‘Dunki’ focuses on the issue of immigration. About Dunki: The title Dunki is taken from the term “donkey journey”, which refers to the long-winding, often dangerous routes involved in dangerous immigration and these trips are undertaken due to a lack of requisite legal permits or financial resources. Passport in India: As per the Ministry of External Affairs, there was no practice of issuing Indian passports before the First World War, and it was during the First World War (1914 to 1918), the British government enacted the Defence of India Act making the possession of a passport necessary for leaving and entering India. Types of Passports in India: 1. Ordinary Passports: These are blue-coloured passports for common citizens. 2. Diplomat Passports: These maroon-coloured passports are issued to Indian diplomats and senior government officials. 3. Orange Passport: These ECR passports were introduced in 2018 to identify people who are at higher risk of getting exploited. People who have not studied beyond class 10 are issued this ECR (emigration check required) category passport. 4. White Passport: It’s one of the most powerful passports given to government officials travelling abroad for official work. 3  3 Fundamental Rights Views of SC on hate speech: 3.1 Freedom of Speech The court said derogatory speech that closely resembled hate speech did not fall within the Context: The Supreme Court has ruled that the ambit of the free speech right. fundamental rights enshrined in Articles 19 and 21 are enforceable even against persons other About Hate Speech: than the state or its instrumentalities. The Law Commission defines Hate Speech Case Judgement: as an incitement to hatred primarily against The Supreme Court held that the right of free a group of persons in terms of race, ethnicity, speech and expression (Article 19(1)(a)) gender, sexual orientation, religious belief, cannot be curbed by any additional grounds and the like. other than those already laid down in Article India does not have a formal legal 19(2). framework for dealing with hate speech. Reference to Previous Court Rulings: Section 295A of the IPC: It defines and In KS Puttaswamy Verdict 2017, the Court punishes deliberate malicious acts that insult upheld that the right to privacy is a right that religious beliefs to outrage feelings. protects individuals from interference by both Section 153A of IPC: Penalizes promoting the state and non-state actors. enmity between groups based on religion, race, and other factors and acts harmful to harmony. 3.3 Euthanasia Context: Recently, the Supreme Court agreed to ease the procedure for passive euthanasia in the country by altering the existing guidelines for ‘living wills.’ 3.2 Free Speech of Public Functionaries Context: The Supreme Court recently ruled that a government isn't liable for statements made by its ministers, even if related to state affairs. Case Judgement: Concept of collective responsibility is a political concept and is the responsibility of the Council of Ministers, not the individual ministers. Individual Responsibility: A minister can make statements in two roles, Personal and Official, as a government delegate. 4  Doctrine of Essential Religious Practices: The Doctrine of Essential Practices is a legal doctrine that protects religious practices that are essential or integral to religion and doesn't violate any fundamental right. The Supreme Court introduced the "essentiality" doctrine in the 1954 'Shirur Mutt' case, defining "religion" to include all rituals and practices integral to it. 3.5 Triple Test Formula Context: The Uttar Pradesh government formed a five-member commission to ensure Other Backward Classes (OBC) reservation in local bodies adheres to the Triple Test Formula. About Triple Test Formula: Euthanasia and Living Will: In the K. Krishna Murthy Case 2010, SC laid Euthanasia is the intentional ending of one's down a Triple Test for reserving seats in life to relieve unbearable suffering, administered by a physician, and can be either local body polls. 'active' or 'passive.' Before finalising OBC reservation in local body elections, the government must fulfil three tasks as per the triple test. 1. Set up a dedicated commission to conduct an empirical inquiry into the implications Advance Medical Directive: A legal of backwardness in local bodies. document that extends a person's control over 2. Specify the proportion of reservations health care decisions in the event that the local bodies require considering the person becomes incapacitated. commission's recommendations. Who can execute the advance directive, and 3. Ensure reservations for SCs/STs/OBCs how? taken together do not exceed an aggregate The advance medical directive can only be of 50% of the total seats. executed by an adult who is in a sound and healthy state of mind. About OBCs: It must be voluntarily executed without OBC is a collective term classifying coercion, inducement, or compulsion. educationally and socially backward castes. Consent of the individual is necessary, and it In 1991, the government recommended a 27% shall be in writing “stating as to when medical quota for OBCs in public sector jobs and treatment may be withdrawn.“ higher education, increasing the total to 49%. The Justice Rohini Commission was 3.4 Excommunication and Essential established under Article 340 to consider OBC Religious Practice sub-categorization. Context: The ongoing Central Board of Dawoodi Article 340: Bohra Community vs. The State Of Appointment of a commission to investigate Maharashtra case. the conditions of backward classes. Effects of Excommunication: The practice of excommunication disentitles 3.6 PIB’s Fact Check Unit individuals from using communal mosques and burial grounds and regards them as Context: The Fact Check Unit (FCU) of PIB was outcasts, which is alleged to violate Article 17 suggested to be included in IT Rules to address (Abolition of Untouchability). the issue of fake news. 5  ‘Yellow Journalism’ and ‘Tabloid Journalism’ are the terms used for fake news. Yellow Journalism is an American term for sensationalist journalism that prioritises sensationalism over facts, using attention- grabbing headlines to boost sales. Laws, including the IT Act, Disaster Management Act, and Indian Penal Code 1860, deal with the menace of Fake News. In Tehseen Poonawalla Case (2018): The Fig.: Historical background of PIB. Supreme Court held that it is the duty of the Union and State governments to take steps to 3.7 National Security Act curb dissemination of fake news and Context: Recently, the National Security Act was disinformation. invoked in the Khalistan Issue Case. Section 3 of the Information Technology About National Security Act (NSA) 1980: (Intermediary Guidelines and Digital Media NSA is a preventive detention law that Ethics Code) Rules, 2021 provides for “due empowers the state to detain a person diligence” by an intermediary. without a formal charge and trial. Post-truth: This Act allows for the detention of It is the deliberate distortion of reality and the individuals to prevent actions prejudicial to manipulation of beliefs and emotions with the "state security" or "public order. aim of influencing the population’s opinions and decisions. Article 22 of the Indian Constitution: Protection in cases of Arrest and Detention. Preventive detention: Without trial and Legal Measures to Curb Fake News: conviction by court. Digital Personal Data Protection Act 2023 Punitive detention: Punishment after trial Indian Penal Code Section 153 (A) and conviction. Article 22 (1): Confers the rights of a person Section 69A of the IT Act, 2000 who is arrested or detained under an ordinary Disaster Management Act, 2005 law. These include: IT Rules, 2021 o Right to be informed of the grounds of IT (Intermediary Guidelines and Digital arrest; Media Ethics Code) Amendment Rules, 2023 o Right to consult and be defended by a legal Global Measures: practitioner; European Union: Code of Practice on o Right to be produced before a magistrate Disinformation 2022. within 24 hours (excluding the journey United Kingdom: Online Safety Bill time); o Right to be released after 24 hours unless the magistrate authorizes further About PIB (Ministry of Information and detention. Broadcasting): o These safeguards are not available to an PIB is the official agency of the government enemy alien or a person arrested or for sharing information with the media about detained under a preventive detention law. government policies, programs, and Article 22(2): Grants protection to persons achievements. who are arrested or detained under a It acts as a bridge between the government preventive detention law. and the media, gathering public feedback o Available to both citizens as well as aliens. from media sources. 6  About Right to Protect Genetic Information: o The detention of a person cannot exceed three months unless the advisory board The right to protect Genetic Data is a reports sufficient cause for extended fundamental right that recognizes an detention. The board is to consist of judges individual's autonomy and control over their of a High Court. own personal and intimate genetic data. Article 22 also authorizes the Parliament to It is also recognised under the Universal prescribe circumstances and classes of cases in Declaration of Human Rights and the which a person can be detained for more than International Covenant on Civil and Political three months under a preventive detention Rights. law without obtaining the opinion of an Significant Insights from the Ruling: advisory board; maximum period for which a The Supreme Court has ruled that children person can be detained under a preventive have the right to protect their genetic detention law; procedure to be followed by an information from DNA testing in divorce advisory board. proceedings, as it is their fundamental right to Parliament has exclusive authority to make a privacy, guaranteed under Article 21 of the law of preventive detention with respect to Constitution. defence, foreign affairs, and the security of Allowing DNA tests would harm the India. reputation and dignity of the mother. Both Parliament and State Legislatures can Family courts should only order a DNA test concurrently make a law of preventive when it is necessary and in the interest of detention for security of state, maintenance of justice as a last option. public order, supplies & services essential to Regulations pertaining to DNA Testing: the community. In India, no explicit legal statute governs Administrative detention orders are issued DNA testing; Indian courts rely on Section 45 either by the Divisional Commissioner or of the Indian Evidence Act of 1872 for District Magistrate, and not the Police. scientific evidence. Implications of NSA: Under Section 53 of the Code of Criminal o It takes away an individual's constitutional Procedure 1973, police can seek assistance right to be produced before the magistrate from medical professionals for investigations. within 24 hours. The DNA Technology (Use and Application) o It takes away the right of a detained Regulation Bill, 2019, attempted to establish a person to move a bail application before a regulatory framework for the usage of DNA criminal court. information. Detention under NSA: o An individual can be held in detention without formal charges for up to 12 UN Convention on the Rights of the Child 1989: months, with the possibility of extension. UNCRC recognizes individuals under 18 as o Under exceptional circumstances, the children and outlines the civil, political, detained individual may be held for a economic, social, and cultural rights of every period of 10-12 days without being child, regardless of their race, religion, or notified of the charges against them. abilities. All UN members, except the US, have ratified 3.8 Right to Protect Genetic it. Information 3.9 Right to Change Name Context: Recently, the Supreme Court ruled that DNA tests on children should only be used as a Context: Recently, Allahabad and Delhi HC said last resort to prove infidelity. that the right to change one’s name or surname is a part of the right to life under Article 21. 7 Case News: 3.11 NARCO Analysis Test The Allahabad High Court stated that the prohibition to change one’s name violates the Context: Recently, wrestlers in Delhi demanded fundamental rights guaranteed under Article Narco tests. 19(1)(a), Article 21, and Article 14 of the About Forensic Tests: Constitution. NARCO Analysis Test: In a NARCO Test, The right to keep a name of choice or change Sodium Pentothal, also called 'truth the name according to personal preference serum', is injected to lower a person's self- falls within the broad scope of the right to life consciousness, enabling uninhibited speech. guaranteed under Article 21. o Narco analysis reports are not admissible The State cannot obstruct the use of a as primary evidence in court, but preferred name unless restricted by Article information or materials discovered through voluntary test results can be 19(2) or by just, fair, and reasonable laws. admitted under Section 27 of the Evidence Name is an intrinsic element of identity and Act 1872. is protected under the right to privacy. Polygraph Test: It measures physiological The Delhi High Court held that the right to responses like blood pressure, pulse, identity is an integral part of the right to life breathing, and sweat gland activity without under Article 21. injections while the subject answers questions. 3.10 Universal Declaration of Human Brain Mapping Test: Also known as the P-300 Rights (UDHR) test, it maps brain activity without measuring physiological behaviour. It's similar to the Context: Recently, the UDHR’s “Human Rights polygraph test and involves neuroimaging to 75 initiative” was concluded. enhance brain images through data processing More on news: (Refer to Appendix 1) or analysis. Human Rights 75 Initiative marks the 75th In the Selvi Case, the Supreme Court ruled anniversary of the UDHR. that NARCO analysis, brain mapping, and Theme: Dignity, Freedom, and Justice for All. polygraph tests require the person's consent. About Human Rights and UDHR: Constitutional Bits: These universal rights are inherent to Article 20 (3) (Right against self- everyone, regardless of nationality, sex, incrimination) states that no person accused origin, color, religion, language, or any other of an offence shall be compelled to be a status. witness against himself/herself. The UDHR, along with the International Article 21 (Right to life and personal liberty) Covenants on Civil and Political Rights and also includes a ‘right against cruel, inhuman Economic, Social, and Cultural Rights, or degrading treatment.’ constitute the International Bill of Rights. UDHR is not legally binding. 3.12 Right To Silence Vienna Declaration and Programme of Action (VDPA): It's a human rights Context: Recently, the Supreme Court affirmed declaration adopted by consensus at the 1993 that all accused individuals have the Right to World Conference on Human Rights in Silence, in alignment with the Right against Self-Incrimination. Vienna, Austria. Responsibility to Protect (R2P): It's an Constitutional Bits: international norm aimed at preventing mass Article 20: It grants protection against atrocity crimes like genocide, war crimes, arbitrary and excessive punishment to an ethnic cleansing, and crimes against accused person, whether a citizen or humanity. foreigner or a legal person like a company or a corporation. 8  It includes: No ex-post-facto law, No double Article 24 Prohibition of child labour in jeopardy, No self-incrimination. factories. Article 20(3): It states that “no person accused of any offence shall be compelled to be a Article 25 Freedom of conscience and free witness against himself.” profession, practice, and o The protection of this clause is limited only propagation of religion to criminal proceedings. Under civil proceedings, a person cannot refuse to Article 26 Freedom to manage religious answer a question using the defense of affairs. Article 20(3). Article 27 Freedom from payment of taxes for promotion of any religion. 3.13 High Court on Right to Residence for Foreigners Article 28 Freedom from religious instruction or worship in Context: Recently, the Delhi High Court specified certain educational that the Right to Reside in India under Article institutions. 19(1)(e) of the Constitution of India cannot be claimed by foreigners. Legal Rights of Foreigners: Observation by the Court: The Registration of Foreigners Act of 1939 In Hans Muller of Nurenburg Case and the Foreigners Act of 1946 control 1955: The Supreme Court observed that the foreigners’ admission, stay, and exit from power of the Indian government to expel India. These laws give the central government foreigners is absolute and unlimited, and powers to uphold fundamental rights for there is no provision in the Constitution foreigners. fettering such discretion. o Section 3 of the Foreigners Act of 1946: It The rights of foreigners are limited to those contains government regulations ranging declared under Article 21 of the Constitution from imposing movement restrictions to of India, i.e., the Fundamental Right to Life prohibiting association with persons of a and Liberty. prescribed or specified description to Fundamental Rights to Foreigners in the Indian requiring foreigners to reside in a specific Constitution: location. ▪ It also includes provisions for house arrest, Article 14 Legal equality and equal imprisonment, solitary confinement, and protection under the law. summary expulsion from India Article 20 Protection in respect of o The Passport Act of 1920 and the conviction for offences. Foreigners Act of 1946: It allows for the expulsion or deportation of a person from Article 21 Protection of life and liberty. India. Article 21(A) Right to primary education. 3.14 News in Shorts 3.14.1 Affinity Test Article 22 Protection against arrest and Context: Recently, the Supreme Court ruled that imprisonment in certain "Affinity Test" cannot be the sole determinant of circumstances. a caste or tribe claim. About Affinity Test: Article 23 Prohibition of human An affinity test requires authorities to trafficking and forced labor. investigate and compile a report on caste or tribe claims, considering their unique anthropological and ethnological 9  characteristics, deities, rituals, customs, In India, personality rights, though not marriage and death practices, and the explicitly stated in any statute, are implicitly applicant's familiarity with them. covered under the right to privacy and the It serves to validate the documentary evidence right to property. presented by the applicant for their caste or Right to Publicity: tribe claim. The right to prevent one's image and likeness 3.14.2 Internet Shutdown Techniques from being commercially used without Context: Internet Advocacy Watchdog Report consent or contractual payment. pointed out that India topped the Internet Governed under statutes like the Trade Marks shutdowns in 2022. Act 1999 and the Copyright Act 1957. Techniques used to impose Internet Shutdown: DNS Tampering: It permits the “deregistration” of domains hosting Personality Rights under International malicious content, rendering the website Conventions: invisible to users. No specific international convention or IP Blocking: It enables government to treaty explicitly protects publicity rights to blacklist certain IP addresses of websites. date, though some can be inferred from URL Filtering: It enables scanning of the existing international conventions. requested Uniform Resource Locator (URL) o Rome Convention 1961 protects string for target words. The connection will performers’ rights, phonogram producers’ be reset for the URL, including forbidden rights, and broadcasting rights. terms. o TRIPS Agreement 1994 secures certain rights of the phonogram producers, live 3.14.3 Personality Rights performers and broadcast rights. Context: Recently, the Delhi High Court granted o WIPO Performances and Phonograms requests to protect personality rights from Treaty (WPPT) protects the rights of potential misuse by third parties. performers and phonogram producers, About Personality Rights: particularly in digital environments. The name, voice, signature, images, or any other feature easily identified by the public are markers of a celebrity’s personality and are referred to loosely as “personality rights.” 10  4 Directive Principles Of State Policy Article 39: 4.1 Compassionate Appointment The state shall direct its policies towards Context: The Supreme Court recently denied securing: 'compassionate appointment' requests from a. adequate means of livelihood for its citizens, dependents of deceased government employees men and women equally. in West Bengal. b. that the ownership and control of material About ‘Compassionate Appointment’: resources of the community are so distributed The Concept of compassionate appointments as best to serve the common good. can be traced to Article 39 under the Directive c. that the operation of the economic system Principles of State Policy of the Indian doesn’t result in the concentration of wealth Constitution. and means of production. It aims to provide employment on d. equal pay for equal work for men and compassionate grounds to the dependent women. family members of a government servant who e. preservation of health and strength of dies in harness or retires on medical grounds, workers and children against forcible abuse. leaving the family without any source of f. opportunity for the healthy development of sustenance. children and the protection of childhood and Directives of Supreme Court: youth against moral and material Compassionate Appointment is neither a development. source of recruitment nor a vested right, and it cannot be claimed or offered after a lapse of time and after the crisis is over. 11  5 Union Executive About Solicitor General of India: 5.1 Office of Profit The Solicitor General of India is the second- highest law officer in the country and assists Context: Madras High Court rejected a writ of the Attorney-General, along with the quo warranto challenging the Tamil Nadu Additional Solicitor General (ASG), in Governor's dual role as the Chairman of the performing their legal duties. Auroville Foundation Board of Governors while The Indian Constitution does not explicitly holding government office. mention the post of the Solicitor General. It Case Developments: only defines the role and responsibilities of The petitioner contended that Article 158(2) of the Attorney General of India under Article the Constitution prohibits Governors from 76. holding any other office of profit. However, the court held that a writ petition Article 76: against the Governor could not be entertained The President shall appoint a person who is in view of the immunity enjoyed under qualified to be appointed a Judge of the Article 361 of the Constitution. Supreme Court to be Attorney General for About the Office of Profit: India. The Constitution doesn’t define "office of It shall be the duty of the Attorney General to profit," with its meaning evolving as a give advice to the Government of India upon position that brings to the office-holder some legal matters and to perform other duties of a financial gain, advantage, or benefit. legal character as referred or assigned to him In 1964, the Supreme Court ruled that the test by the President. for determining whether a person holds an In the performance of his duties, the Attorney office of profit is the “Test of Appointment.” General shall have the right of audience in all courts in the territory of India. About Article 361: The Attorney General shall hold office during The President or a State Governor is not the pleasure of the President and shall accountable to any court for the exercise of receive such remuneration as the President their powers, duties, or actions in their official may determine the Conduct of Government capacity. Business. 5.2 Solicitor General of India Context: Recently, the Appointment Committee of the Union Cabinet approved the reappointment of Tushar Mehta as Solicitor General of India. 12  6 Parliament And State Legislature Setting up of JPC: 6.1 Joint Parliamentary Committee A JPC is set up after one house of Parliament has passed a motion and the other has agreed Context: The Opposition demanded a probe by a to it. Joint Parliamentary Committee (JPC) into the Members of the JPC are decided by the allegations of fraud and stock manipulation Parliament. The number of members can vary against the Adani Group. as there is no fixed number. About Joint Parliamentary Committee (JPC): A JPC is set up by the Parliament for a special 6.2 Expungement of Proceedings in the purpose, like the detailed scrutiny of a subject Parliament or bill. Context: Portions of an MP’s speech delivered in It has members from both the Houses and Lok Sabha have been expunged (no longer exist from both the ruling parties and the in records, even if they were broadcast live.) by opposition. the orders of the Speaker. It is dissolved after its term ends or its task has been completed. Expunging of Proceedings in the Indian The recommendations of a JPC are not Parliament: binding on the government. Article 105(2): MPs are immune from legal proceedings for anything said in Parliament. Rule 380 of the Rules of Procedure and Conduct of Business in Lok Sabha: The Speaker can expunge words from Parliamentary proceedings if they are deemed defamatory, indecent, unparliamentary, or undignified. Rule 381: Expunged parts of the proceedings are marked with asterisks, and a footnote saying "Expunged as ordered by the Chair" is inserted. 6.3 Delegated Legislation Context: The Supreme Court upheld the 2016 demonetization decision and the delegated legislation's validity, while the dissenting opinion criticized excessive delegation of power as arbitrary. Delegated Legislation and Demonetization Case: Delegated legislation is the delegation of powers to authorities established by law. 13  Section 26(2) of the Reserve Bank of India Section 9A: When there is a subsisting Act, 1934, gives the Central government the contract between the person and the power to declare a denomination of currency government. to cease to be legal tender, on Section 10: Disqualification for office under recommendation of the Central Board. government company Section 10A: Failure to lodge account for 6.4 Disqualification of Lawmaker election expenses. Context: Recently, the Lok Sabha Secretariat disqualified the Wayanad (Kerala) Lok Sabha Legal provisions of Defamation: MP following his two-year jail sentence in a Section 499 of the Indian Penal Code (IPC) defamation case. states that defamation can occur through About Disqualification: spoken or written words, signs, or visible Disqualification is prescribed in three representations. situations: Exceptions under Section 499: This includes truth-based statements for the public good Law Grounds for regarding government officials, public Disqualification matters, and public performance. Punishment under Section 500 of IPC: A Articles 102(1) Holding an office of Profit, penalty of up to two years simple and 191(1) of the having an unsound mind, Indian imprisonment, a fine, or both. being insolvent or not Constitution. having valid citizenship In India, defamation can both be a civil wrong and a criminal offence. Tenth Schedule Defection from political Defamation is one of the reasonable of the party restrictions under Article 19(2) of Part III. Constitution Constitutional bits: Article 102 provides for the disqualification Representation Conviction in criminal cases of MPs, whereas Article 191 provides for the of The People and others. disqualification of MLAs. Act, 1951 Article 102(1) elaborates instances when such a disqualification may be done: o If the person holds any undeclared office- Grounds for Disqualification under RPA 1951: for-profit under the Government Section 8: Conviction for certain offenses. o If he is declared to be of unsound mind by o Section 8(3) of the Act: Conviction for an a competent court offence with a two-year sentence or more o If he is an undischarged insolvent, etc. leads to disqualification from the House. o Article 102(2) empowers the Tenth o Section 8(4) of the Act: Disqualification Schedule, established by the Constitution occurs after a three-month period from (52nd Amendment) Act, 1985 to the conviction date, during which the disqualify members. lawmaker could appeal. This provision was declared unconstitutional in the 2013 Supreme Features of the Anti-Defection Law: Court ruling in 'Lily Thomas v Union of Disqualification on grounds of defection: India.' o Voluntarily give up his party Section 8A: Corrupt Practices membership. Section 9: Dismissal for corruption or o Votes/Abstains to vote in the House disloyalty contrary to the direction issued by his political party. 14  o A member is not disqualified if he has exceeding the the House by taken prior permission of his party or if remaining persistently and the voting or abstention is condoned by period of the wilfully obstructing the the party within 15 days. session. business o Independent members will be disqualified if they join a political party Rule 374A: Speaker after getting elected to the House. may suspend a o Nominated members will be disqualified member in an event of if they join any political party six months grave disorder by a after getting nominated. Member such as Exemptions: — coming into the well of the House or abusing o Members are exempted when at least two- the Rules of the House thirds of the original political party persistently and merges with another political party. wilfully obstructing its Decision Making Authority: Chairman / business by shouting Speaker of the House. slogans. Role of Presiding Officer: Disqualification under the Tenth Schedule Implications of Suspension: is determined by the Chairman for the Rajya Suspended MPs are not allowed to enter the Sabha and the Speaker for the Lok Sabha. chamber or attend any meetings of the In the Kihoto Hollohan case (1992), the committees. Supreme Court ruled that the decision of the Suspended MPs are not allowed to give any Chairman/Speaker in this regard is subject to notices for discussions, etc. judicial review. By convention, a suspended MP loses its right to get replies to his/her questions. 6.5 Suspension of Member of Revocation of suspension: Lok Sabha: The Speaker has the authority to Parliament suspend a Member, but the power to lift this Context: Recently, one Rajya Sabha MP was suspension is not within his/her jurisdiction. suspended for the remainder of the session under The House, if it wishes, decides through a Rule 256. motion to revoke the suspension. Process of Suspension of MPs: Rajya Sabha: The House, by motion, terminates the suspension. Rajya Sabha Lok Sabha 6.6 Ethics Panel Rule 255: The Rule 373: If the speaker chairman can is of the opinion that Context: Recently, the Lok Sabha Ethics direct any the conduct of any Committee adopted a report recommending the member whose member is grossly expulsion of an MP from the Lower House over conduct is, in his disorderly, a “cash-for-query” allegation. opinion, grossly he/she may direct About Lok Sabha Ethics Committee: disorderly to such Member to Lok Sabha Ethics Committee came into force withdraw withdraw immediately in 2015 with a mandate to oversee the moral immediately. from the House. and ethical conduct of the MPs. It examines complaints relating to the Rule 256: Under Rule 374: Speaker may unethical conduct of an MP and makes it, the chairman suspend a member who recommendations as it may deem fit. can suspend a disregards the The composition of Lok Sabha Ethics member for a authority of the Chair Committee consists of 15 members appointed period not or abuses the rules of by the Speaker for one year. 15  Any MP complaint can be referred to the Adjudicating Authority: The Speaker/RS Committee by the Speaker and the Committee chairperson is the first level of scrutiny of a investigates the charges prima facie privilege motion. and issues recommendations to the Speaker, Rules Governing Privilege Motion: who asks the House for consideration. Privilege rules are outlined in Lok Sabha Rule About Ethics Committee in Rajya Sabha: 222 and Rajya Sabha Rule 187. The first such committee in India was Members can raise questions about alleged constituted by the Chairman, Rajya Sabha, in breaches of privilege with the Speaker or 1997, and from then on, it consisted of 10 Chairperson's consent. members appointed by the Chairman of Rajya About the Committee of Privileges: Sabha. Examines the cases of breach of privileges of The committee holds office until a new the House and its members and recommends committee is appointed, and the casual appropriate action. vacancies arising are filled by the Chairman from time to time. The Lok Sabha Committee has 15 members nominated by the Speaker, and the Rajya 6.7 Parliamentary Privileges Sabha Committee has 10 members nominated by the Chairman. Context: The Rajya Sabha Chairman recently In Rajya Sabha, the Deputy Chairman heads directed the Privileges Committee to investigate the Committee of Privilege. the "disorderly conduct" by 12 opposition The Committee's reports are periodically Members of Parliament. presented to the House by the Chairman or a Parliamentary Privileges: Committee member in the Chairman's Parliamentary privileges are special rights, absence. immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, 6.8 Rules of Rajya Sabha and their members. Parliamentary privileges extend to individuals Context: Opposition's demand for discussion in allowed to speak and participate in the context of Manipur Violence under Rule 267 parliamentary proceedings and committees, and Rule 167 of Rajya Sabha. including the Attorney General of India and Rule 267 (Rules of Procedure and Conduct of Union Ministers. Business, Rajya Sabha): Article 105 mentions two privileges: Any Rajya Sabha MP, with the Chairman's consent, can propose suspending the o Freedom of speech in Parliament application of a rule for a motion related to o Right of publication of its proceedings the day's Council business to discuss an issue Article 361 of the Constitution provides of importance the country is facing. If privileges and immunity for the President approved, the rule will be temporarily and Governors. suspended. What is a Privilege Motion, and who can move The decision to suspend a rule rests with the it? other House members through a vote, and it A privilege motion is initiated when members does not apply when specific provisions for disregard rights and immunities and commit a rule suspension already exist in a particular 'breach of privilege,' punishable by chapter of the Rules. Parliament's laws. Short Duration Discussion under Rule 176: Any member can initiate a motion against an Under Rule 176, an MP can raise a discussion alleged offender. on a matter of urgent public importance. Both Houses can penalize contemptuous The time for discussion is determined by the actions to safeguard their authority and Business Advisory Committee. dignity, per the law. 16  The MP must provide notice with the subject 6.9 Office of Whip and reasons. The Chairman decides the notice's Context: Recently, the Supreme Court in the admissibility after seeking information from Maharashtra Political Crisis observed that the MP and the Minister if needed. Members of a House are bound by the "whip." About Whip: About Business Advisory Committee: It pertains to both a written directive for party The Business Advisory Committee, chaired members in the House and the party official ex-officio by the Speaker, comprises 15 authorised to issue it. members nominated by the Speaker. The term originates from the British practice It was constituted for the first time in 1952. of "whipping in" lawmakers to follow the The committee generally meets at the party line. beginning of each Session and as needed All parties can issue whips to their members, thereafter. compelling their presence for important votes It recommends the time that should be or specific voting instructions. allotted for the discussion. Parties designate a chief whip from their The decisions reached by the committee are House members, assisted by additional unanimous and representative of the whips, to issue directives. collective view of the House. Leaders of parties with five or more Type of Whips: members who are not represented on the One-Line Whip is issued to inform party committee are invited as special invitees. members of a vote and allows them to abstain in case they decide not to follow the party line. More on News: Two-Line Whip: Directs the party members to Recently, the Subordinate Legislation be present during the vote. Committee of Rajya Sabha has observed that Three-Line Whip: It places an obligation on the Union government is delaying the members to follow the party line. framing of rules/regulations for the Acts Legality of the Whip's Authority: passed by Parliament. The Office of Whip is mentioned neither in About the Framing of Rules: the Constitution of India nor in the Rules of Framing the rules is a duty of the Executive, the House, nor does it have any statutory and it is supposed to be done within six basis. months of passing the Act, and the It relies on parliamentary conventions. government must table the rules of an Act in The Tenth Schedule (Anti-Defection Law) Parliament. allows a political party to issue a whip to its An extension may be granted for a maximum legislators. period of three months at a time. Implications of Defying a Whip's Directive: However, the reason needs to be stated. Disobeying the party whip can lead to Each House of Parliament has a Committee disqualification, except when two-thirds of on Subordinate Legislation to examine the party's house strength defies it. Rules, Regulations, and government orders in The Speaker/ Chairperson decides detail. disqualifications under the anti-defection The detailed guidelines are mentioned in the law. Manual of Parliamentary Procedures that is Whips cannot instruct MPs or MLAs to vote issued by the Ministry of Parliamentary in a particular fashion during Presidential Affairs. Elections. 17 Anti-Defection Law: 6.11 Reservation of Women in Introduced by the 52nd CAA, 1985. Legislature It lays down the process by which legislators may be disqualified on grounds of defection Context: The 'Nari Shakti Vandan Adhiniyam' became the Constitution (106th Amendment by the Presiding Officer. Act) after receiving Presidential assent. Key Features of the Act: 6.10 Deputy Chief Minister and It mandates the reservation of one-third of the Guardian Minister total seats in the Lok Sabha for women. It proposes to introduce new articles— About Deputy Chief Minister: Articles 330A and 332A—to the Constitution. The position of Deputy Chief Minister is the second most important in the Council of Article 330A: Ministers after the CM, equivalent in rank 1/3rd of the seats in Lok Sabha shall be and enjoying the same pay and perks as a reserved for women. It includes 1/3rd horizontal reservation in seats reserved for state Cabinet Minister. SCs and STs. The position is not constitutional, unlike the Article 332A: Chief Minister and Cabinet Ministers. 1/3rd of the seats in state assemblies shall be Article 163 and Article 164 of the constitution reserved for women. It includes 1/3rd do not include any mention of the 'Deputy horizontal reservation in seats reserved for Chief Minister.' SCs and STs. About Guardian Minister Article 239AA: The Guardian Minister is a minister at the 1/3rd of the seats in the assembly of the Cabinet level appointed by a state National Capital Territory of Delhi shall be government to supervise the progress of a reserved for women. It includes 1/3rd particular district within the state. horizontal reservation in seats for SCs. The position is also not constitutional, unlike Article 334: Reservation of seats and special the Chief Minister and Cabinet Ministers. reservations to cease after a certain period. The establishment of the position of Guardian It provides for the reservation of seats for the Minister aims to highlight the execution of SCs and the STs in the Lok Sabha and government policies, reforms, and public Legislative Assemblies of the States. welfare schemes in designated districts. Article 334A: He supervises the implementation of diverse The reservation provisions would come into state government schemes and programs in effect after the delimitation is undertaken on the district, ensuring the seamless operation of the basis of the first census. The Reservation district administration. of seats in the House of People and state assemblies will cease to have effect after the Constitutional Bits: expiration of 15 years. Article 163 (1) states that there shall be a Article 334 is the sunset clause for the Council of Ministers with the Chief Minister reservation of seats for Scheduled Castes, as the head to aid and advise the Governor in Scheduled Tribes, and Anglo-Indians. the exercise of his functions. The bill extends its provisions to the Article 164(1) states that the Chief Minister Legislative Assembly of the National Capital will be appointed by the Governor, and the Territory of Delhi. other Ministers will be appointed by the The amendment applies to the legislative Governor on the advice of the Chief Minister assemblies of all Indian states. It mandates the and will hold office at the pleasure of the reservation of one-third of the total seats, Governor. including those for Scheduled Castes and Scheduled Tribes, for women. 18  Effective Post Delimitation: The provisions Constitutional Bits: related to seat reservation for women in the Article 352 of the Constitution references a Lok Sabha, State Assemblies, and Delhi "special sitting of the House" concerning a Assembly will be implemented after a Proclamation of Emergency. delimitation exercise is conducted. When Parliament is not in session, a request Rotation of Reserved Seats: The bill allows for a special meeting to disapprove the for the rotation of reserved seats for women Emergency can be made by one-tenth of Lok in the Lok Sabha, State Assemblies, and Delhi Sabha MPs. Assembly after each subsequent delimitation exercise, as determined by Parliament. 6.13 Immunity to Legislators 6.12 Special Session of Parliament Context: Recently, the CJI has established a Context: Recently, the government announced a seven-judge bench to reevaluate the 1998 "special session" of Parliament. Constitution bench ruling on the P V Narasimha About Special Session: Rao case, also called the JMM bribery case (1993). The Constitution does not define the term More on News: "special session." The larger bench will examine the validity of However, it is commonly used to refer to the verdict regarding the interpretation of sessions called for specific events or to Articles 105(2) and 194(2) of the Constitution, commemorate significant occasions. which grant privilege to members of The summoning of Parliament is specified in Parliament and state legislature, respectively. Article 85 of the Indian Constitution. The P V Narasimha Rao case (1998): It mandates that Parliament should meet at A five-judge Constitution Bench had in 1998 least twice a year, and the gap between two in PV Narasimha Rao’s case held that a sessions should not exceed six months. lawmaker was immune to prosecution even if The Cabinet Committee on Parliamentary he/she took money to vote on the floor of the Affairs, under the government, determines House. Parliament's meeting schedule, including However, Two judges on the bench dissented, session dates and durations. arguing that this immunity should not apply The President is notified of the Committee's to cases where bribery is alleged. decisions, and Members of Parliament (MPs) About Constitution Bench: are summoned accordingly for the sessions. A Constitution Bench, comprising a The Constitution stipulates that there must be minimum of five Supreme Court judges, is no more than a six-month interval between formed under Article 145(3) to interpret two parliamentary sessions, a provision constitutional provisions or address derived from the Government of India Act of "significant legal questions" that arise in 1935. matters of law. 19  7 Federal Relations 7.1 Tamil Nadu Case 7.2 Governor Context: Conflict between Tamil Nadu Context: Recently, the Supreme Court (SC) has Government and Governor over changes to said that threats and dissent can’t be grounds for assembly speech, leading to a resolution for the the Governor to call a floor test in the wake of original speech to be recorded. the Maharashtra political crisis. Constitutional Provisions on the Special SC’s Observations on the Governor's Role in Address: Floor Test: Article 87 requires the President to make a Nabam Rebia Case (2016): The court held that special address to both Houses of the power to summon the House is not solely Parliament assembled on the vested in the Governor and should be commencement of the first session of each exercised with aid and advice of the Council year. of Ministers. Article 176 requires the Governor to make