THE CLAT POST - August, 2024 @Clat_ailet_exam.pdf

@CLAT_AILET_EXAM 1  TABLE OF CONTENTS 1. Polity and Governance 03 28. Strategy for the d...

@CLAT_AILET_EXAM 1  TABLE OF CONTENTS 1. Polity and Governance 03 28. Strategy for the development of Seaweed Value Chain 1. Demand for ‘Bhil Pradesh’................................................. 03........................................................................................................ 96 2. Consent of States for CBI Investigations...................... 07 6. What's happening in FamiLE 3. SC to Examine Governor’s Immunity............................ 11 4. SC gets Two New Judges, First From Manipur.......... 15 7. Science & Technology 99 5. Change of Government’s Rules on Rashtriya 29. Rashtriya Vigyan Puraskar 2024..................................... 99 Swayamsevak Sangh............................................................. 19 30. Gender scandal at Paris Olympics.................................. 102 6. SC Upholds States' Taxation Power on Mineral Rights 31. Extended Stay of Astronauts on ISS............................... 105........................................................................................................ 22 32. National Organ & Tissue Transplant Organisation 7. Scope of Article 21 extended to Right to Shelter..... 25 Annual Report 2023-24....................................................... 108 8. PM chairs 9th Governing Council Meeting of NITI 33. World Biofuels Day 2024.................................................... 111 Aayog........................................................................................... 31 8. Miscellaneous 114 9. SC rules Delhi L-G can directly nominate Municipal 34. National Flag Day................................................................... 114 Corporation ‘aldermen’....................................................... 34 35. 5th Positive Indigenisation List....................................... 118 10. Union government introduces the Waqf 36. Assam’s Charaideo Moidam included in UNESCO World (Amendment) Bill, 2024..................................................... 37 Heritage list............................................................................... 121 11. Release of Publication “Women and Men in India 37. NCERT Textbook New Syllabus - Sindhu-Sarasvati 2023”............................................................................................ 40 Civilisation and Ujjayini Meridian.................................. 124 12. Egg, sperm donors have no parental right on child.. 38. Humayun Tomb World Heritage Site Museum......... 128........................................................................................................ 43 39. Kargil Vijay Diwas.................................................................. 131 13. TV Somanathan to replace Rajiv Gauba as cabinet 40. Abhinav Bindra awarded prestigious Olympic Order by secretary..................................................................................... 46 IOC................................................................................................. 135 41. The State of Food Security and Nutrition in the World 2. Economy & Governance 40 2024.............................................................................................. 138 14. Economic Survey 2023-24................................................. 48 42. Leander Paes, Vijay Amritraj get inducted into 15. Union Budget 2024-2025................................................... 52 International Tennis Hall of Fame.................................. 143 16. First Tranche of Offshore Mineral Auction................. 55 43. India and United States of America sign the first ever 17. RBI's Report on Currency and Finance 2023-24..... 59 'Cultural Property Agreement'......................................... 146 18. World Development Report 2024: The Middle- 44. 10th National Handloom Day........................................... 149 Income Trap.............................................................................. 62 45. Vinesh Phogat's weight issue at Paris 2024............... 153 19. RBI's 50th Monetary Policy Committee Meeting..... 66 46. Paris 2024 Olympics and India Medals Tally............. 157 20. Government Approves Major Infrastructure Projects 47. President Droupadi Murmu conferred with Timor-........................................................................................................ 69 Leste's highest civilian honour & Fiji's Highest Civilian 3. 5 Mistakes to avoid while preparing for CLAT 2025 Award........................................................................................... 163 48. Independence Day Gallantry Awards 2024................ 166 4. International Affairs 72 49. India- Sri Lanka Joint Military Exercise Mitra Shakti 21. Protests in Bangladesh........................................................ 72 Commences In Maduru Oya, Sri Lanka......................... 169 22. Quad Foreign Ministers Meeting..................................... 76 50. International Day of the World’s Indigenous Peoples 23. India elected vice-chair of IPEF supply chain council 2024.............................................................................................. 172........................................................................................................ 79 24. Comprehensive Strategic Partnership between India 9. LE Online Comping Batches and Vietnam.............................................................................. 82 10. Important One Liners. 176 25. The US antitrust ruling against Google and its implications for India........................................................... 85 11. LE Offline Comping Batches 5. Environment & Biodiversity 88 12. CLAT POST Mock Test 207 26. CREA’s Mid-year air quality assessment for India.. 88 51. Question Paper........................................................................ 207 27. Three more wetlands to the list of Ramsar sites on 52. Answer Key and Explanation............................................ 230 the eve of Independence Day 2024................................ 92 2  Polity & Governance Demand for ‘Bhil Pradesh’ News Highlights: The Bhil tribal community in Rajasthan has intensified its demand for a separate state named "Bhil Pradesh," advocating for administrative and cultural autonomy. A significant gathering, termed a "maha sammelan," was held at Mangarh Dham in Banswara on July 18, drawing extensive support from various community leaders across social strata. Bhil Pradesh The demand for Bhil Pradesh has deep historical roots, dating back to 1913 when tribal activist Govind Giri Banjara first voiced it during a large tribal assembly at Mangarh Hill. Recent Developments: The Bharat Adivasi Party (BAP), which emerged as a significant advocate for Bhil Pradesh, has renewed calls for the state post their electoral success in the recent Lok Sabha polls. Proposed region for ‘Bhil Pradesh’ Encompass 49 districts across Rajasthan, Madhya Pradesh, Gujarat, and Maharashtra with significant tribal populations advocating for governance that reflects their unique cultural and linguistic identity. Govind Giri Banjara Cultural Cohesion: Advocates argue that the Bhil community across these regions Rajasthan shares common linguistic (Bhili) and cultural 24.2% traits, which are foundational to their statehood demand. Madhya Pradesh Political and Social Dynamics 35.4% Support and Opposition: While the demand has garnered backing from various community leaders Gujarat including Rajputs, Scheduled Castes, and Muslims, 24.9% it faces opposition from those who question the viability of a state carved out from four existing states. Legislative Discussion: The issue was also raised Maharashtra in the Rajasthan Assembly, underscoring its 15.3% significance and the widespread public and political discourse it has engendered. Bhil Population distribution among the four states Challenges and Outlook Feasibility Concerns: Critics argue the logistical and political challenges of forming a state from parts of four different states are considerable, with some leaders expressing scepticism about the realisation of Bhil Pradesh. Continued Advocacy: Despite challenges, leaders like Rajkumar Roat affirm their commitment to continue advocating for Bhil Pradesh to address long-standing issues of tribal exploitation and recognition. LEGALEDGE 7676564400 [email protected] www.toprankers.com 3 Understanding Mercy Petitions Definition and Purpose: A mercy petition is a formal request for clemency directed to the President or Governor by a convict sentenced to death or imprisonment. It acknowledges the possibility of judicial errors and aims to correct miscarriages of justice. Global Practice: Mercy petitions are recognized in countries such as the USA, UK, Canada, and India. Origins Culture The name 'Bhil' is derived from the Dravidian Religious Beliefs and Festivals: word “villu” or 'billu', meaning bow, indicative of Deities: Worship varies but often includes local their historical reputation as skilled archers. deities such as Khandoba, Kanhoba, Bahiroba, Distribution: They are mainly divided into two main and Sitalmata, and some also worship the Tiger groups: the central and eastern or Rajput Bhils. God 'vaghdev'. They are predominantly found in the states of Spiritual Consultation: The community often Chhattisgarh, Gujarat, Karnataka, Madhya consults Badvas, hereditary sorcerers, for Pradesh, Maharashtra, Andhra Pradesh, and guidance on various occasions. Rajasthan. Main Festival: The Baneshwar Fair, their principal festival, coincides with Shivratri and is dedicated Socio-Economic Aspects to Baneshwar Mahadev (Lord Shiva), showcasing Occupation: Traditionally known for guerrilla their deep-rooted spiritual traditions. tactics, the majority of the Bhil community now engages in farming and agricultural Language and Ethnicity labour. Language: The Bhili language, spoken by the Art and Sculpture: Bhils are also noted for Bhils, belongs to the Indo-Aryan language their skills in sculpture, contributing to local family, illustrating the linguistic diversity within crafts and arts. tribal groups in India. Ethnic Classification: The Bhils are considered Traditional Attire part of the Australoid group, one of the oldest Women: Bhil women traditionally wear saris inhabitants of the subcontinent with a distinct accompanied by heavy ornaments made of racial identity linked to the Dravidian racial silver, brass, and beads, including rosaries tribes of Western India. and silver coins. Men: Men typically wear long frocks and pyjamas, reflecting their unique cultural style. LEGAL EDGE LEGALEDGE 7676564400 [email protected] www.toprankers.com 3 4 Several other communities in India are currently demanding the creation of separate states, similar to the Bhil community's demand for Bhil Pradesh. Kongu Nadu: There is a demand for a separate state called Kongu Nadu, which would comprise parts of western Tamil Nadu, southern Karnataka, and central-east Kerala, with Coimbatore proposed as its capital. This demand is based on regional demography, culture, and linguistic identity. Vidarbha: This region, covering the Amravati and Nagpur divisions of eastern Maharashtra, has had a longstanding demand for statehood. The States Reorganisation Act of 1956 initially included Vidarbha in Bombay State, but it was later integrated into Maharashtra when the state was formed in 1960. Gorkhaland: This proposed state in the Darjeeling region of West Bengal has been a recurring issue, with demands primarily based on distinct cultural and linguistic identity compared to the rest of West Bengal. Bodoland: In Assam, there is a demand for a separate state called Bodoland, to be carved out for the Bodo people, which is based on ethnic identity and administrative requirements. The framework for establishing New State: In India, the creation of new states is governed by Article 3 of the Constitution. Initiation by the President: The process to create a new state begins with the President of India, who sends the proposal to the state legislature concerned. State Legislature’s Involvement: The state legislature needs to provide its views on the proposal. This step allows the affected state’s legislature to express its opinions, though its views are not binding on the Parliament. Introduction and Passage in Parliament: Following the state legislature's response, the proposal is introduced as a bill in the Parliament. The bill for the creation of a new state can be introduced in either house of the Parliament. Majority Approval: The bill must be passed by both the Houses of Parliament by a simple majority of members present and voting. Presidential Assent: Once approved by both houses, the bill is sent to the President for his assent, after which the bill becomes law and the new state can be officially created. New States formed since Independence: Andhra Pradesh (1953): Originally part of Madras State, Andhra Pradesh was the first state in India to be formed on a linguistic basis, primarily for Telugu-speaking people. Gujarat and Maharashtra (1960): The state of Bombay was divided into Gujarat and Maharashtra on linguistic grounds, with Gujarati-speaking regions becoming Gujarat and Marathi-speaking regions forming Maharashtra. Haryana and Himachal Pradesh (1966): Originally part of Punjab, Haryana was carved out to serve the Hindi- speaking population, while the hilly northern regions were reorganised as Himachal Pradesh. Meghalaya (1972): Initially a part of Assam, Meghalaya was formed to meet the aspirations of the tribal populations in the hill districts of the state. Mizoram and Arunachal Pradesh (1987): Both states were union territories before being granted statehood. Mizoram was part of Assam before becoming a Union Territory in 1972 and then a state. Arunachal Pradesh was also a Union Territory originally known as the North-East Frontier Agency (NEFA). Chhattisgarh, Uttarakhand, and Jharkhand (2000): Chhattisgarh was created out of the eastern districts of Madhya Pradesh, Uttarakhand was formed from the hill regions of Uttar Pradesh, and Jharkhand was carved out of the southern districts of Bihar, all primarily for administrative efficiency and to address local ethnic and economic issues. Telangana (2014): The most recent state formation, Telangana was separated from Andhra Pradesh after a prolonged movement primarily centred around regional developmental disparities and linguistic identity. Linguistic Reorganisation Commission: The States Reorganisation Commission (SRC) was set up in 1953 to evaluate the need for reorganising state boundaries based on languages. Its report, submitted in 1955, led to the comprehensive restructuring of states in 1956. LEGALEDGE 7676564400 [email protected] www.toprankers.com 5  PRACTICE QUESTIONS 1. In which year was the States Reorganisation large tribal assembly at Mangarh Hill in 1913? Commission (SRC) set up to evaluate the need for (a) Govind Giri Banjara (b) Birsa Munda reorganising state boundaries based on languages? (c) Rani Durgavati (d) Tantia Bhil (a) 1947 (b) 1950 (c) 1953 (d) 1956 4. Which proposed state is being demanded in the Darjeeling region of West Bengal, based on distinct 2. Which three new states were created in the year 2000 cultural and linguistic identity? as part of the largest number of states formed at the (a) Vidarbha (b) Kongu Nadu same time? (c) Bodoland (d) Gorkhaland (a) Telangana, Andhra Pradesh, Karnataka (b) Chhattisgarh, Uttarakhand, Jharkhand 5. The creation of new states in India is governed by which (c) Goa, Mizoram, Arunachal Pradesh article of the Constitution? (d) Haryana, Punjab, Himachal Pradesh (a) Article 1 (b) Article 2 (c) Article 3 (d) Article 4 3. Who first voiced the demand for Bhil Pradesh during a ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) 1953 voiced by tribal activist Govind Giri Banjara during a large Explanation: The States Reorganisation Commission tribal assembly at Mangarh Hill in 1913. This marked the (SRC) was set up in 1953 to assess the need for beginning of a movement for the recognition and rights of reorganising state boundaries based on linguistic lines. the Bhil community. The commission's recommendations led to the comprehensive restructuring of states in 1956. 4. Correct Answer: (d) Gorkhaland Explanation: Gorkhaland is the proposed state being 2. Correct Answer: (b) Chhattisgarh, Uttarakhand, Jharkhand demanded in the Darjeeling region of West Bengal. The Explanation: In the year 2000, three new states were demand is based on the distinct cultural and linguistic created: Chhattisgarh from Madhya Pradesh, Uttarakhand identity of the people in this region, which differs from the from Uttar Pradesh, and Jharkhand from Bihar. This rest of West Bengal. marked the largest number of new states being formed at the same time, responding to demands for greater 5. Correct Answer: (c) Article 3 autonomy and development in these regions. Explanation: The creation of new states in India is governed by Article 3 of the Constitution. This article 3. Correct Answer: (a) Govind Giri Banjara outlines the process for forming new states, altering the Explanation: The demand for Bhil Pradesh was first boundaries of existing states, or changing their names. LEGALEDGE 7676564400 [email protected] www.toprankers.com 6 Consent of States for CBI Investigations News Highlights: Several Indian states have recently withdrawn their general consent for the Central Bureau of Investigation (CBI) to operate, sparking debates about the federal governance and operational efficiency of this central agency. This move by states like West Bengal, Rajasthan, Maharashtra, and others underscores a growing tension between state governments and the central authority over jurisdictional rights and procedural independence in conducting investigations. Understanding the Consent Mechanism: Delhi Special Police Establishment Act, 1946: Central to the operations of the CBI, this act requires state consent for the CBI to exercise its powers in any state area. Particularly, Section 6 of this Act mandates such consent, either general or case-specific, for the CBI to operate within state jurisdictions. General vs. Case-specific Consent: General consent allows the CBI to handle all cases in the state without seeking permission for each case, whereas case-specific consent requires the state's nod on a case-by-case basis. Current Director: The CBI is headed by a Director, an IPS officer with a rank of Director general of police. The current director of CBI is Praveen Sood, who was the former DG and IGP of Karnataka state police. IPS Officer Praveen Sood Recent Developments Withdrawal of General Consent: Several states, including Tamil Nadu, Telangana, Punjab, Jharkhand, Kerala, Rajasthan, Chhattisgarh, West Bengal, Mizoram, and Meghalaya, have recently withdrawn their general consent for CBI investigations. This withdrawal requires the CBI to seek specific permissions for each case, which could potentially slow down the investigation process and increase administrative burdens. It is required for each individual investigation if general consent is not granted. This can be seen as a measure to maintain state autonomy over policing, which is categorised under Entry 2 of the State List in the Seventh Schedule of the Constitution. Supreme Court’s Role Landmark judgments have sought to protect the integrity and independence of the CBI: Vineet Narain vs. Union of India (1997): This landmark judgement by the Supreme Court is pivotal in shaping the operational framework of the Central Bureau of Investigation (CBI). It introduced major reforms to ensure the CBI's functioning was insulated from political interference. The court laid down specific guidelines, often referred to as the "Hawala guidelines," that included mechanisms for the appointment of the CBI director and ensuring a minimum tenure to promote independence in investigations. Subramanian Swamy vs. Director, CBI (2014): This Supreme Court decision struck down Section 6A of the Delhi Special Police Establishment Act, which required the CBI to obtain government permission before conducting inquiries against officers of the rank of joint secretary and above in corruption cases. The court held that this provision was discriminatory and violated Article 14 (Right to Equality) of the Constitution. Common Cause vs. Union of India (2018): In this case, the Supreme Court upheld the legality of certain amendments to the Delhi Special Police Establishment Act regarding the appointment and removal of the CBI director. LEGALEDGE 7676564400 [email protected] www.toprankers.com 7 The court emphasised that any change in the director’s tenure or duties should be approved by a high-powered committee, thus strengthening the agency's operational autonomy. Implications of Withdrawal Impact on Investigations: The withdrawal of consent means that the CBI cannot initiate or continue investigations in these states without obtaining specific permissions, complicating its operations and potentially slowing down the process of tackling corruption and other serious crimes. Judicial Interventions: Despite these withdrawals, court rulings, such as those from the Calcutta High Court, have clarified that the CBI can still proceed with investigations against central government employees across states, which suggests that judicial oversight continues to play a crucial role in maintaining a balance between state rights and federal investigative powers. Political and Administrative Ramifications: This situation has also highlighted the political dimensions of CBI operations, with opposition-led states more frequently withdrawing consent, perceived by some as a means to limit central interference. The issue reflects deeper concerns about federalism and the autonomy of state governments in India. Central Bureau of Investigation Established: 1963 Recommended by: Santhanam Committee on Prevention of Corruption (1962-1964) Previously known as: Special Police Establishment (SPE) Established in 1941 To investigate cases of bribery and corruption in transactions with the War & Supply Department of India during World War II Legal Framework: Established through a resolution of the Ministry of Home Affairs. Later given statutory status with the enactment of the Delhi Special Police Establishment (DSPE) Act, which defines the CBI’s powers, privileges, and liabilities. Operational Scope: Initially, the CBI’s jurisdiction was limited to anti-corruption cases. Over time, its mandate expanded to include cases of serious fraud, multi-state organised crime, major financial scams, and international cases requiring coordination with Interpol. Administrative Under Ministry of Personnel, Public Grievances and Pensions Control: The CBI Director is protected by a tenure of two years, as prescribed by the CVC Act of 2003, ensuring a degree of independence. Governmental Bodies Central Vigilance Commission: Oversees CBI operations under the Involved: Prevention of Corruption Act. LEGALEDGE 7676564400 [email protected] www.toprankers.com 8 Key Sections of the DSPE Act, 1946: Section 2: Definition and Establishment: This section defines the terms used within the act and establishes the constitution of the Special Police Establishment, which is the core of the CBI. Section 3: Jurisdiction and Powers: It outlines the powers and jurisdiction of the DSPE, explaining where and how it can operate, subject to the consent of the state governments. Section 4: Superintendence and Administration: Specifies that the superintendence of the DSPE lies with the Central Government, highlighting the administrative oversight that the government has over the agency. Section 5: Extension of Jurisdiction: This section allows the Central Government to extend the powers and jurisdiction of members of the DSPE to any area in a State, Union Territory, or railway area for the investigation of any offences or classes of offences specified in a notification. Section 6A: Requirement of Approval to Conduct Enquiry or Investigation: Before initiating an investigation against officers of the rank of Joint Secretary and above in the Central Government, prior approval of the Central Government is required. However, this section was struck down by the Supreme Court as unconstitutional in the case of Subramanian Swamy vs. Director, Central Bureau of Investigation for being discriminatory and violative of Article 14 (Equality before Law) of the Constitution. Section 8: Committees for Appointment of Director: This section deals with the composition, powers, and functions of the committees involved in the appointment of the Director of the CBI, as per the Lokpal and Lokayuktas Act, 2013. Section 20: Appeals: Outlines the procedures for appeals against the decisions made under this act. PRACTICE QUESTIONS 1. In which year was the Central Bureau of Investigation 4. What is the maximum tenure that can be granted to the (CBI) officially established? CBI Director, including extensions, as per the (a) 1947 (b) 1953 amendments made to the DSPE Act, 1946? (c) 1963 (d) 1971 (a) Two years (b) Three years 2. The Central Bureau of Investigation (CBI) derives its (c) Four years investigative powers from which act? (d) Five years (a) Indian Penal Code, 1860 (b) Delhi Special Police Establishment Act, 1946 5. In which case did the Supreme Court strike down Section (c) Code of Criminal Procedure, 1973 6A of the Delhi Special Police Establishment Act, ruling it (d) Prevention of Corruption Act, 1988 as discriminatory and a violation of Article 14 of the Constitution? 3. Under which ministry does the Central Bureau of (a) Kesavananda Bharati vs. State of Kerala Investigation (CBI) operate? (b) Subramanian Swamy vs. Director, CBI (a) Ministry of Home Affairs (c) Maneka Gandhi vs. Union of India (b) Ministry of Law and Justice (d) Golaknath vs. State of Punjab (c) Ministry of Personnel, Public Grievances, and Pensions (d) Ministry of Defence LEGALEDGE 7676564400 [email protected] www.toprankers.com 9  ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) 1963 the CBI and other central agencies that handle personnel Explanation: The Central Bureau of Investigation (CBI) and public grievances. was officially established in 1963 following the recommendations of the Santhanam Committee on 4. Correct Answer: (d) Five years Prevention of Corruption. The CBI was set up by a Explanation: The tenure of the CBI Director is initially set resolution of the Ministry of Home Affairs to combat at two years, but it can be extended up to five years in the corruption and ensure integrity in public services. public interest. In 2021, the President issued ordinances allowing the tenure of the CBI Director to be extended for Correct Answer: (b) Delhi Special Police Establishment Act, 1946 up to five years, with the possibility of three annual 2. Explanation: The CBI derives its investigative powers extensions. This change was made through amendments from the Delhi Special Police Establishment Act, 1946. to the DSPE Act, 1946. This act provides the legal framework for the CBI's functioning and its authority to investigate specific types 5. Correct Answer: (b) Subramanian Swamy vs. Director, CBI of crimes, particularly those involving corruption. Explanation: In the case of Subramanian Swamy vs. Director, CBI (2014), the Supreme Court struck down 3. Correct Answer: (c) Ministry of Personnel, Public Section 6A of the Delhi Special Police Establishment Act, Grievances, and Pensions which required the CBI to obtain government permission Explanation: The Central Bureau of Investigation (CBI) before investigating officers of the rank of joint secretary operates under the Ministry of Personnel, Public and above in corruption cases. The court held that this Grievances, and Pensions, which is part of the Prime provision was discriminatory and violated Article 14 of Minister's Office. This ministry oversees the functioning of the Constitution, which guarantees the Right to Equality. LEGALEDGE 7676564400 [email protected] www.toprankers.com 10 SC to Examine Governor’s Immunity News Highlights: The Supreme Court of India agreed on July 19 to examine the scope of Article 361 of the Constitution, which grants immunity to governors, following allegations of sexual harassment by the Governor of West Bengal, CV Ananda Bose. This judicial scrutiny could redefine the constitutional protection provided to state governors. Article 361 Constitutional Provision Legal Protection Article 361 protects the President and governors The article ensures that no criminal proceedings from criminal prosecution during their term. It or arrests can be initiated against these officials specifically bars any judicial scrutiny over while in office, safeguarding their functional actions done under their official capacity. independence. Current Judicial Examination Supreme Court's Review Legal Query A three-judge bench, led by Chief Justice DY The court is considering whether immunity Chandrachud, is revisiting the interpretation of extends to actions like the registration of FIRs or Article 361 in light of current allegations, initiation of preliminary inquiries, which mark the potentially affecting how immunity is applied to beginning of criminal proceedings. governors' actions during their tenure. Origins and Interpretations of Governor’s Immunity Historical Background Constituent Assembly Debates The immunity principle in Article 361 traces back On September 8, 1949, discussions in the to the maxim "rex non potest peccare" or "the Constituent Assembly, particularly by member H.V. king can do no wrong," reflecting English legal Kamath, raised concerns about the breadth of this traditions. immunity, though the article was adopted without further debate on criminal immunity specifics. Judicial Perspectives on Immunity Supreme Court's Ruling High Court View Past Supreme Court decisions have occasionally In 2015, the Madhya Pradesh High Court ruled interpreted the scope of this immunity. For that the Governor's name should be effaced instance, the 2017 case involving Kalyan Singh from the Vyapam scam FIR during his tenure, regarding the Babri Masjid demolition delayed highlighting the absolute protection from his trial until after his term as governor ended. malicious legal actions while in office. LEGALEDGE 7676564400 [email protected] www.toprankers.com 11 Landmark judgments concerning Article 361 Dr SC Barat and Anr vs. Hari Vinayak Pataskar (1961): This case distinguished between the official and personal conduct of a Governor. The Supreme Court ruled that while governors have complete immunity for actions undertaken in their official capacity, civil proceedings for actions outside these duties may proceed, provided a two- month notice is given after they leave office. Rameshwar Prasad vs. Union of India (2006): The Supreme Court scrutinised the Governor's recommendation to dissolve the Bihar Assembly, highlighting that while governors are protected under Article 361(1) from being answerable to the courts for official actions, this immunity does not extend to actions taken with malafide intent. State of UP vs. Kalyan Singh (2017): Relating to the Babri Masjid demolition case, the Supreme Court held that the trial against Kalyan Singh, then Governor of Rajasthan, could only proceed once he ceased to be governor, reaffirming the immunity provision under Article 361 during the tenure of a governor. Vyapam Scam Case (Madhya Pradesh High Court, 2015): The court ruled that the governor, implicated in the scam, was entitled to complete immunity under Article 361(2), which prevented any criminal proceedings from being instituted against him while he was in office. This decision highlighted the extent of protection afforded to governors against criminal charges. Immunity in Global Perspective: Similar debates on executive immunity are occurring globally, as seen in the U.S. Supreme Court's recent decision regarding former President Donald Trump, distinguishing between official and personal acts in terms of immunity. Important Commissions: Sarkaria Commission (1988): This commission was established to examine the relationship and balance of power between the state and the central governments. It made several recommendations regarding the appointment, role, and powers of Governors. The Sarkaria Commission suggested that Governors should be eminent persons and not be closely associated with local politics or active politics in the recent past. It emphasized the impartiality of the Governor's role. Venkatachaliah Commission (2002): Officially known as the National Commission to Review the Working of the Constitution, it recommended that the Governor should be appointed by a committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the concerned state. This was suggested to ensure more transparency and acceptability in the appointments, minimizing political controversies. Punchhi Commission (2010): The Commission on Centre-State Relations, headed by former Chief Justice of India M.M. Punchhi, looked deeper into the role and responsibilities of Governors. It made recommendations aimed at ensuring that Governors are not appointed merely on the basis of political affiliations and that they function as truly neutral umpires between the central government and state governments during times of political crisis. Which Indian state was served by the first Governor of Independent India? The first Governor of independent India was C. Rajagopalachari, who served as the Governor of West Bengal from 1947 to 1948. Rajagopalachari was a prominent leader in the Indian National Congress and a close associate of Mahatma Gandhi. Rajagopalachari was also the last Governor- General of independent India before the position was abolished. LEGALEDGE 7676564400 [email protected] www.toprankers.com 12  Did you know that the first women Governor of Independent India was also called ‘The Nightingale of India’? Sarojini Naidu, known as the "Nightingale of India" for her lyrical poetry and significant role in the Indian independence movement, was also the first woman to serve as a Governor in independent India. She held the position of Governor of the United Provinces (now Uttar Pradesh) from 1947 until her death in 1949. Which constitutional amendment allows a Governor of one state to also serve as the Governor of an adjoining state in India? The Governor of one state can also serve as the Governor of an adjoining state. This often occurs when a smaller state may not have a full-time Governor appointed. Such dual roles are supported by the Seventh Constitutional Amendment Act of 1956. Did you know that the Governor of a state can recommend President's Rule in the State? One of the most significant powers of a Governor is the ability to recommend President's Rule in a state under Article 356 of the Constitution, if they believe that the state government cannot be carried on in accordance with the provisions of the Constitution. PRACTICE QUESTIONS 1. In which year did the Sarkaria Commission make (c) Shah Commission (d) Punchhi Commission recommendations regarding the appointment and role of Governors in India? 4. According to Article 361(3) of the Indian Constitution, (a) 1978 (b) 1988 what legal action cannot be taken against the President or (c) 1998 (d) 2008 Governor during their term of office? (a) Filing of civil lawsuits 2. Under which article of the Indian Constitution is it (b) Impeachment stated that there shall be a Governor for each state, and (c) Arrest or imprisonment that a single person can be appointed as the Governor (d) Summoning by Parliament for two or more states? (a) Article 152 (b) Article 153 5. In which case did the Supreme Court distinguish between (c) Article 154 (d) Article 155 the official and personal conduct of a Governor, ruling that civil proceedings for actions outside official duties 3. Which commission recommended that the phrase may proceed after a two-month notice? "during the pleasure of the President" be deleted from (a) Kesavananda Bharati vs. State of Kerala the Constitution to ensure that a Governor can only be (b) Dr SC Barat and Anr vs. Hari Vinayak Pataskar removed by a resolution of the state legislature? (c) SR Bommai vs. Union of India (a) Sarkaria Commission (b) Mandal Commission (d) Maneka Gandhi vs. Union of India ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (b) 1988 Governors in India in 1988. These recommendations Explanation: The Sarkaria Commission made its emphasized the need for the Governor to be an individual recommendations regarding the appointment and role of of eminence, not belonging to the state they serve, and LEGALEDGE 7676564400 [email protected] www.toprankers.com 13  ANSWER KEYS & EXPLANATIONS highlighted the importance of the Governor acting as a 4. Correct Answer: (c) Arrest or imprisonment bridge between the Centre and the state. Explanation: Article 361(3) of the Indian Constitution provides that no arrest or imprisonment processes can be 2. Correct Answer: (b) Article 153 issued against the President or Governor during their Explanation: Article 153 of the Indian Constitution states term of office. This provision ensures that these high- that there shall be a Governor for each state, and it also ranking officials are protected from legal processes that allows for a single person to be appointed as the could interfere with the performance of their official Governor for two or more states. This provision ensures duties while they are in office. flexibility in the appointment of Governors across different states. 5. Correct Answer: (b) Dr SC Barat and Anr vs. Hari Vinayak Pataskar 3. Correct Answer: (d) Punchhi Commission Explanation: In the case of Dr SC Barat and Anr vs. Hari Explanation: The Punchhi Commission, established in Vinayak Pataskar (1961), the Supreme Court distinguished 2010, recommended the deletion of the phrase "during between the official and personal conduct of a Governor, the pleasure of the President" from the Constitution. It ruling that while governors have complete immunity for suggested that a Governor should only be removed by a actions undertaken in their official capacity, civil proceedings resolution of the state legislature, thereby ensuring for actions outside these duties may proceed after a two- greater stability and autonomy for the states. month notice is given following their departure from office. LEGALEDGE 7676564400 [email protected] www.toprankers.com 14 SC gets Two New Judges, First From Manipur News Highlights: Justice Kotiswar Singh and Justice R. Mahadevan have been appointed as SC Judges. Their appointment emphasizes the Supreme Court's commitment to enhancing diversity within India's highest judicial echelon. Justice Nongmeikapam Kotiswar Singh becomes the first Supreme Court judge from Manipur, marking a significant milestone in the judicial history of India. Justice R Mahadevan Justice Nongmeikapam Kotiswar Singh Served as a judge at the Madras High Court Former Chief Justice of since 2013 and acted as the High Court of its Chief Justice. Jammu & Kashmir and Represents a backward Ladakh. community from First individual from Tamil Nadu, bringing Manipur to ascend to further diversity to the the Supreme Court of Supreme Court. India. He served as an Additional Government Pleader Initially set to retire in 2025 from the High Court, his (Taxes) for the Government of Tamil Nadu, as new tenure at the Supreme Court will extend until Additional Central Government Standing Counsel 2028, aligning with the Supreme Court's retirement and Senior Panel Counsel for the Government of age of 65. India at Madras High Court and conducted more than Notable Cases: Handled critical cases in Manipur, 9000 cases. He was elevated as a judge of the including significant interventions in the functioning Madras High court in the year 2013. of Manipur University during the 2018 protests. Noteworthy Judgments: Played a crucial role in a bench that reviewed restrictions on a state -wide march proposed by the RSS in Tamil Nadu. Supreme Court of India: Overview Establishment: January 28, 1950, two days after India became a republic. Location: New Delhi Role: The Supreme Court is the highest judicial body in India, with the authority to interpret the Constitution and adjudicate disputes between the Union and states, as well as among states. Composition: The court consists of the Chief Justice of India and a sanctioned strength of 33 other judges. Jurisdiction: Original Jurisdiction: In cases involving disputes between the Government of India and one or more states, or between two or more states. Appellate Jurisdiction: It hears appeals against judgments of the High Courts and other courts and tribunals. Advisory Jurisdiction: The President of India can seek its opinion on constitutional matters. Public Interest Litigation (PIL): The Supreme Court is known for pioneering the concept of PIL, allowing any citizen to approach the court for redressal of public grievances. LEGALEDGE 7676564400 [email protected] www.toprankers.com 15  Judicial Review: The Supreme Court has the power to strike down laws and actions of the government if they are found unconstitutional. Independence: The Supreme Court operates independently of the executive and legislative branches of government. Tenure of Judges: Judges of the Supreme Court serve until the age of 65. Final Authority: Its decisions are final and binding on all courts in India, making it the ultimate arbiter of legal and constitutional matters in the country. First Chief Justice of India: Harilal Jekisundas Kania. He served as Chief Justice from January 28, 1950, when the Supreme Court was established, until his retirement on November 6, 1951. Longest Serving CJI: Y. V. Chandrachud; He served as the Chief Justice from February 28, 1978, to July 11, 1985, totaling a tenure of about 7 years and 4 months. He is the father of the current (as of August 2024) CJI, Dhananjaya Y. Chandrachud. Implications for the Judiciary: Enhanced Diversity: These appointments are part of a broader initiative to bring varied perspectives to the Supreme Court, reflecting India's diverse legal landscape. Full Strength: With Justices Singh and Mahadevan's appointments, the Supreme Court reaches its full sanctioned strength of 34 judges, poised to address a backlog of cases more efficiently. Broader Legal Impact: Representation Matters: Justice Singh's elevation from a northeastern state and Justice Mahadevan's background highlight the importance of diverse representation in high-level judicial positions, potentially influencing future judicial appointments and legal reforms. Important Articles Article 124: Establishes the Supreme Court of India Article 128: Permits retired judges of the Supreme and outlines the process for appointing judges. It states Court or High Courts to sit and act as Supreme Court that judges are appointed by the President of India and judges if consented by the President and the judge that they must be a judge of one high court or an themselves, for the purpose of quorum or otherwise. advocate for at least ten years or a distinguished jurist Article 129: Declares the Supreme Court as a Court of in the opinion of the president. Record, which means its judgments are recorded for Article 125: Deals with the salaries and allowances of perpetual memory and testimony, and are recognized as the judges of the Supreme Court, ensuring they have a legal precedent and legal reference. secure and dignified tenure. Article 130: Allows the Supreme Court to sit in places Article 126: Provides for the appointment of an acting other than Delhi, as the Chief Justice of India may, with Chief Justice when the current Chief Justice is unable to the approval of the President, from time to time appoint. perform the duties of the office. Article 133: Provides for an appeal to the Supreme Article 127: Allows the Chief Justice of India to appoint Court in civil cases from any judgement, decree, or final ad-hoc judges to the Supreme Court from among order in a civil proceeding of a High Court if the High retired judges of the Supreme Court or High Courts Court certifies that the case involves a substantial when there is a lack of quorum of the permanent question of law that needs to be decided by the judges. Supreme Court. LEGALEDGE 7676564400 [email protected] www.toprankers.com 16  Who was the chief architect of the building of Supreme Court of India? The building of Supreme Court of India, known for its distinctive architecture was designed by the chief architect Ganesh Bhikaji Deolalikar, the first Indian to head the Central Public Works Department. Who was the first woman judge to be appointed to the Supreme Court? Justice M. Fathima Beevi was the first woman to be appointed as a judge of the Supreme Court of India in 1989. What is the Collegium System? The appointment of judges to the Supreme Court is conducted through the collegium system, where the five most senior judges of the Supreme Court, including the Chief Justice of India, make recommendations for appointments. Evolving through a series of judgments in the 1990s, notably the Second Judges' Case (1993), the Supreme Court established the collegium system for the appointment and transfer of judges, giving the judiciary significant control over these decisions. This system was established to maintain independence of the judiciary by limiting executive influence in judges' appointments. Ratification of the National Judicial Appointments Commission (NJAC) Act, 2014 (Struck down in 2015): The NJAC Act, which sought to overturn the collegium system of appointing Supreme Court and High Court judges, was declared unconstitutional by the Supreme Court in 2015. The Court held that the NJAC infringed upon the independence of the judiciary, reaffirming the collegium system. PRACTICE QUESTIONS 1. Who is the first judge from Manipur to be appointed to (a) 60 years (b) 62 years the Supreme Court of India? (c) 65 years (d) 70 years (a) Justice N Kotiswar Singh (b) Justice R Mahadevan 4. Who was the first Chief Justice of India? (c) Justice S A Bobde (a) M. Patanjali Sastri (b) B. P. Sinha (d) Justice N V Ramana (c) H. J. Kania (d) K. Subba Rao 2. Under which Article of the Indian Constitution are Which act, aimed at overturning the collegium system for Supreme Court judges appointed by the President, based appointing judges, was declared unconstitutional by the on the advice of the Prime Minister and consultation 5. Supreme Court in 2015? with the CJI and other senior judges? (a) Judicial Accountability and Standards Act (a) Article 124(2) (b) Article 126(2) (b) National Judicial Appointments Commission (NJAC) (c) Article 132(2) (d) Article 136(2) Act (c) Constitution (Forty-second Amendment) Act 3. Until what age can a judge of the Supreme Court of India serve? (d) Administrative Tribunals Act ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (a) Justice N Kotiswar Singh 2. Correct Answer: (a) Article 124(2) Explanation: Justice N Kotiswar Singh is the first judge from Explanation: Article 124(2) of the Indian Constitution Manipur to be appointed to the Supreme Court of India. His outlines the process for appointing judges to the Supreme appointment marks a significant milestone for the Court. Judges are appointed by the President of India representation of Manipur in the country's highest judicial body. based on the advice of the Prime Minister and in LEGALEDGE 7676564400 [email protected] www.toprankers.com 17  ANSWER KEYS & EXPLANATIONS consultation with the Chief Justice of India (CJI) and other His tenure marked the beginning of the Supreme Court's senior judges. history in independent India. 3. Correct Answer: (c) 65 years 5. Correct Answer: (b) National Judicial Appointments Explanation: A judge of the Supreme Court of India serves Commission (NJAC) Act until they reach the age of 65. This age limit is set by the Explanation: The National Judicial Appointments Constitution of India and applies to all judges of the Commission (NJAC) Act, 2014, which sought to replace Supreme Court, including the Chief Justice of India. the collegium system for appointing judges to the Supreme Court and High Courts, was struck down by the 4. Correct Answer: (c) H. J. Kania Supreme Court in 2015. The Court declared the NJAC Act Explanation: Harilal Jekisundas Kania was the first Chief unconstitutional, as it was seen as infringing upon the Justice of India. He served from the inception of the independence of the judiciary. Supreme Court of India in 1950 until his death in 1951. LEGALEDGE 7676564400 [email protected] www.toprankers.com 18 Change of Government’s Rules on Rashtriya Swayamsevak Sangh News Highlights: The Indian government has revised policies dating back decades that previously barred government officials from participating in activities of the Rashtriya Swayamsevak Sangh (RSS). The Department of Personnel and Training (DoPT) has removed the RSS from the list of organisations that government employees were prohibited from associating with. Background and Historical Context: Initial Restrictions: Initially established through a circular in 1966 by the Ministry of Home Affairs, government employees were restricted from participating in activities of political organisations including the RSS, under the Central Civil Services (Conduct) Rules of 1964. Subsequent Directives: Further directives in 1970 and 1980 reiterated these restrictions, emphasising a secular outlook and the need to avoid communal bias among government servants. The DoPT Directive: Recent Changes: On July 9, the DoPT officially removed the RSS from the list of organisations cited in previous official memorandums, effectively allowing government employees to participate in its activities without facing disciplinary actions. Historical References: The change revises directives from 1966, 1970, and 1980, reflecting a shift in the government's view of the RSS from a 'political nature' to recognizing it as a non-political organisation. Implications and Reactions: Impact on Government Employees: This change allows central government employees to engage with the RSS without the risk of disciplinary action, aligning with the organisation’s long-standing stance as a cultural rather than a political entity. Continued Restrictions: Despite the change for the RSS, similar restrictions continue to apply to other organisations deemed political, like the Jamaat-e-Islami, indicating selective application of the revised rules. Broader Political and Social Context: State vs. Central Guidelines: The circular specifically impacts central government employees, with state governments having their own sets of rules which might still restrict participation in RSS activities depending on the ruling party’s stance. Historical Non-Compliance: Past governments, including during the tenure of previous Prime Ministers from the BJP itself, did not alter these restrictions, highlighting the unique nature of the current revision. Rashtriya Swayam Sevak: Overview The Rashtriya Swayamsevak Sangh (RSS) is a prominent right- wing, volunteer, Hindu nationalist organization in India. It was founded on September 27, 1925, by Keshav Baliram Hedgewar (right image) as a social and cultural group with the goal of promoting Hindu values and fostering a sense of nationalism among Indians. The current Sarsanghchalak of Rashtriya Swayamsevak Sangh is Mohan Bhagwat (left image). Origins and Development Founder: Keshav Baliram Hedgewar, a doctor from Nagpur, established the RSS with the aim of promoting Hindu culture and nationalist ideals against the backdrop of colonial rule and the non-cooperation movement led by Mahatma Gandhi. Growth: The organization grew rapidly during and after the partition of India in 1947. It played a significant role in social and political movements and has been influential in the spread of Hindutva ideology. LEGALEDGE 7676564400 [email protected] www.toprankers.com 19  Structure and Functioning Organisation: The RSS operates through local units called 'shakhas' where members meet daily for physical exercises, discussions on ideology, and social service activities. Affiliates: The RSS has numerous affiliate organisations, collectively known as the Sangh Parivar, which includes the Bharatiya Janata Party (BJP), Vishva Hindu Parishad (VHP), Bajrang Dal, and a host of other organisations spanning various sectors like politics, labour, education, and development. Controversies and Criticism Political Involvement: Although it identifies as a cultural organisation, the RSS has been deeply intertwined with the political landscape of India, particularly through its close association with the BJP. Accusations of Violence: The RSS has faced accusations of fostering communal violence, particularly against minorities. Its history includes periods of ban, notably after the assassination of Mahatma Gandhi in 1948, though no direct evidence was found linking the RSS to the assassination. Legal Challenges: The organisation has been subject to scrutiny and legal challenges regarding its activities and the impact on communal harmony. History of Bans: First Ban in 1948: The RSS was first banned in February 1948 following the assassination of Mahatma Gandhi on January 30, 1948. During the Emergency (1975-1977): The second ban was imposed during the Emergency, declared by Prime Minister Indira Gandhi. The Emergency led to widespread curtailment of civil liberties, and the RSS was seen as a potential threat to the government due to its influence and extensive grassroots networks. After the Demolition of the Babri Masjid (1992): Although the RSS itself was not officially banned after the demolition of the Babri Masjid in December 1992, there was severe scrutiny and crackdown on its activities. Organizations similar to RSS: Vishva Hindu Parishad (VHP): Founded in 1964, the VHP is closely affiliated with the RSS and focuses on promoting Hindu values and culture. It is particularly known for its role in the Ram Janmabhoomi movement, advocating for the construction of a temple at the disputed site in Ayodhya. Jamiat Ulama-i-Hind: One of the leading organisations of Islamic scholars belonging to the Deobandi school of thought. It was established in 1919 and has been actively involved in issues related to the Muslim community in India, including education, welfare, and legal aid. Akhil Bharatiya Vidyarthi Parishad (ABVP): This is the student wing of the RSS, founded in 1949, and is actively involved in educational campuses across India. It focuses on promoting nationalist feelings among students and has been a key player in various educational and political activities across universities. Jamaat-e-Islami Hind: Established in 1948, after the partition of India, it is a socio-religious organisation that works to promote Islamic values and education. Jamaat-e-Islami Hind focuses on social reform and education and also engages in charitable activities. Shiv Sena: Originally founded in 1966 by Bal Thackeray to advocate for the rights of the native Marathi people in Maharashtra, Shiv Sena has evolved to focus more broadly on Hindu nationalist themes. It is known for its aggressive stance on various political and social issues. LEGALEDGE 7676564400 [email protected] www.toprankers.com 20  Bharatiya Mazdoor Sangh (BMS): Founded in 1955, it is the labour wing of the RSS and is one of the largest trade union organisations in India. BMS promotes the welfare of workers and adheres to a nationalist approach in its operations. Akhil Bharatiya Adhivakta Parishad: This is the national organisation of lawyers affiliated with the RSS. It aims to bring together legal professionals to discuss and act upon issues that align with nationalist ideologies, often focusing on legal literacy and advocacy for laws that reflect Hindu principles. PRACTICE QUESTIONS 1. On which date was the Rashtriya Swayamsevak Sangh (c) Jamiat Ulama-i-Hind (d) Tablighi Jamaat (RSS) founded? (a) August 15, 1925 (b) September 27, 1925 4. Which ministry issued a circular in 1966 restricting (c) October 2, 1925 (d) November 14, 1925 government employees from participating in activities of political organizations, including the RSS? 2. Who is the current Sarsanghchalak (chief) of the (a) Ministry of Defence Rashtriya Swayamsevak Sangh (RSS)? (b) Ministry of Finance (a) Rajendra Singh (b) H.V. Sheshadri (c) Ministry of Home Affairs (c) Balasaheb Deoras (d) Mohan Bhagwat (d) Ministry of External Affairs 3. Which organization, established in 1919, is one of the 5. In which year was the Rashtriya Swayamsevak Sangh leading groups of Islamic scholars belonging to the (RSS) first banned following the assassination of Deobandi school of thought and is actively involved in Mahatma Gandhi? issues related to the Muslim community in India? (a) 1947 (b) 1948 (a) All India Muslim Personal Law Board (c) 1950 (d) 1952 (b) Darul Uloom Deoband ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (b) September 27, 1925 a significant role in addressing issues related to the Explanation: The Rashtriya Swayamsevak Sangh (RSS) Muslim community in India, including education, welfare, was founded on September 27, 1925, by Keshav Baliram and legal aid. Hedgewar. It was established as a social and cultural organization with the aim of promoting Hindu values and 4. Correct Answer: (c) Ministry of Home Affairs nationalism in India. Explanation: The Ministry of Home Affairs issued the circular in 1966 that restricted government employees 2. Correct Answer: (d) Mohan Bhagwat from participating in activities of political organizations, Explanation: Mohan Bhagwat is the current including the RSS, under the Central Civil Services Sarsanghchalak (chief) of the Rashtriya Swayamsevak (Conduct) Rules of 1964. Sangh (RSS). He has held this position since 2009 and continues to lead the organization in its mission to 5. Correct Answer: (b) 1948 promote Hindu values and nationalism in India. Explanation: The Rashtriya Swayamsevak Sangh (RSS) was first banned in February 1948 following the 3. Correct Answer: (c) Jamiat Ulama-i-Hind assassination of Mahatma Gandhi on January 30, 1948. Explanation: Jamiat Ulama-i-Hind is a prominent The government imposed the ban due to the alleged organization of Islamic scholars associated with the involvement of RSS members in the assassination, Deobandi school of thought. Established in 1919, it plays although this was later proven otherwise. LEGALEDGE 7676564400 [email protected] www.toprankers.com 21 SC Upholds States' Taxation Power on Mineral Rights News Highlights: On July 9th, the Supreme Court upheld the states' power to levy royalties on the extraction of minerals, enabling them to also tax lands comprising mines and quarries. This decision overturns a previous 1989 ruling which limited state powers in this regard. Detailed Overview of the Ruling Majority Verdict: Chief Justice of India D Y Chandrachud, along with Justices Hrishikesh Roy, A S Oka, J B Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma, and Augustine George Masih, supported the majority opinion, stating that royalty is not a tax and affirming the states' rights under the Constitution to impose such levies. Legal Basis: The ruling focused on the interpretation of Entry 50 of List II (State List) of the Constitution, which allows states to tax mineral rights unless specifically limited by Parliament. Historical Context and Legal Evolution Previous Legal Framework: The 1989 Supreme Court decision in India Cement Ltd vs State of Tamil Nadu had restricted state powers based on the interpretation that royalties were a form of tax and thus beyond state legislative competence under the Mines and Minerals (Development and Regulation) Act, 1957. Change in Legal Interpretation: The latest ruling clarifies that unless Parliament explicitly restricts states, they retain the power to tax mineral rights as per their legislative competence. Mines and Minerals (Development and Regulation) Act, 1957: While not a court case, this Act and its interpretations have shaped numerous legal battles over mineral rights. The Act regulates the mining sector in India and places the control of minerals to the Union government, as per Entry 54 of the Union List. Dissenting Opinion: Justice B V Nagarathna's Concerns: In her dissenting judgement, Justice Nagarathna warned of potential economic and federal imbalance, fearing that unchecked state taxation could lead to uneven mineral development and economic disparities among states, under Entry 49 of List II. Chief Justice of India Justice Justice A.S. Oka Justice J.B. Justice Manoj D Y Chandrachud Hrishikesh Roy Pardiwala Misra Justice Ujjal Justice Satish Justice A. Justice B V Bhuyan Chandra Sharma George Masih Nagarathna The Nine-member Bench which heard the case LEGALEDGE 7676564400 [email protected] www.toprankers.com 22 Implications of the Ruling Federal Balance and Economic Impact: The ruling emphasises the constitutional framework of Indian federalism, allowing states a degree of fiscal autonomy but also highlighting the need for balance to avoid a 'race to the bottom' in mineral rights taxation. Future Legal and Economic Landscape: This decision could lead to varied taxation policies across states, potentially impacting the mining industry's pricing structures and economic stability. Broader Legal and Political Reactions Potential for Legislative Response: The ruling leaves open the possibility for Parliament to step in and standardise regulations to prevent economic fragmentation and ensure a uniform policy framework for mineral development across the country. Important Related Cases 1 India Cement Ltd. vs State of Tamil Nadu (1990) State of West Bengal vs Kesoram Industries Ltd. 2 This case specifically addressed whether a royalty can be considered a tax. The (2004) Supreme Court initially ruled that royalties were in the nature of a tax. However, this This landmark decision delved into the interpretation was revisited and ultimately definition of taxes versus fees. The Supreme overturned in later judgments. Court clarified that the essence of a tax is This case is a critical reference point for the absence of a direct quid pro quo understanding the initial judicial stance on between the payer and the public authority, royalties as taxes, impacting how mineral distinguishing it from a fee which is levied in rights and associated fiscal obligations exchange for a specific service. were viewed. This judgement is fundamental for legal and fiscal policy, influencing a wide range of economic activities and governmental levies. Southern Petrochemical Industries Co. Ltd. vs Electricity Inspector & ETIO and Others (2007) Goa Foundation vs Union of The case further explored the nature of India & Ors (2014) fees and taxes, particularly focusing on the Known as the Goa mining case, this regulatory charges imposed by state Supreme Court ruling highlighted issues of electricity boards. The court emphasised royalty underpayment and environmental the need for a clear quid pro quo for a levy considerations in mining practices. to be considered a fee. It stressed the compensatory nature of The decision is crucial for royalties for the depletion of natural resources, sectors regulated by specific distinguishing them from taxes which are statutory frameworks, clarifying primarily aimed at revenue generation. how charges imposed by statutory bodies should be This case has significant implications 4 3 classified. for environmental law and resource management, setting precedents for how natural resource extraction should be regulated and compensated. LEGALEDGE 7676564400 [email protected] www.toprankers.com 23  PRACTICE QUESTIONS 1. What act regulates the mining sector in India? (c) District Mineral Foundation (DMF) (a) MMDRA (b) IPC (d) Mineral Conservation Fund (c) ITA (d) RERA 4. Which Chief Justice of India led the Supreme Court ruling, 2. Under which Entry of List II (State List) did the Supreme that states have the power to tax mining lands and Court base its ruling allowing states to tax mineral quarries, and that royalties are not taxes? rights? (a) N.V. Ramana (b) Ranjan Gogoi (a) 50 (b) 49 (c) 48 (d) 47 (c) S.A. Bobde (d) D.Y. Chandrachud 3. What was established by the 2015 Amendment to 5. As of FY 2023-24, India is ranked at which position in benefit areas and people affected by mining? terms of the largest steel producers in the world? (a) National Mineral Exploration Trust (NMET) (a) 1st (b) 2nd (b) Auction Method (c) 3rd (d) 4th ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) Article 21 emphasized that the State must ensure proper Explanation: The right to shelter is recognized under rehabilitation and resettlement for those affected by such Article 21 of the Indian Constitution, which guarantees laws. the right to life. This right includes access to adequate living space, a safe and decent structure, and necessary 4. Correct Answer: (d) National Rural Livelihood Mission amenities like water and electricity. Explanation: National Rural Livelihood Mission (NRLM) is specifically designed to reduce poverty by empowering 2. Correct Answer: (b) Slum Rehabilitation Authority poor households to engage in gainful self-employment Explanation: The Slum Rehabilitation Authority (SRA) and skilled wage employment opportunities, thereby Scheme is particularly active in Maharashtra and aims at improving their livelihoods sustainably. rehabilitating slum dwellers by providing them with proper housing. 5. Correct Answer: (b) 2006 Explanation: The Scheduled Tribes and Other Traditional 3. Correct Answer: (a) State of Maharashtra vs. Basantibhai Forest Dwellers (Recognition of Forest Rights) Act was Khetan enacted in 2006. This legislation aims to recognize and Explanation: State of Maharashtra vs. Basantibhai secure the rights of forest-dwelling communities to hold, Khetan, 1986. In this case, the Supreme Court upheld the live, use, and manage forest land and resources, which constitutionality of land ceiling laws, ruling that they do are crucial for their livelihood and cultural identity. not violate fundamental rights. The Court also LEGALEDGE 7676564400 [email protected] www.toprankers.com 24 Scope of Article 21 extended to Right to Shelter News Highlights: The Supreme Court of India recently emphasised the need to balance infrastructure development and the fundamental right to shelter in a case involving nearly 50,000 residents living on railway land in Haldwani, Uttarakhand. The court has highlighted the human aspect of the eviction processes, advocating for fair and equitable treatment of the residents facing displacement due to railway expansion. The apex court has called for a detailed rehabilitation plan for the affected families, ensuring their rights are protected under the constitution​. International Laws on Right to Shelter Universal Declaration of Human Rights (UDHR) - 1948: Article 25: The UDHR explicitly mentions the right to an adequate standard of living, including housing. It states that everyone has the right to a standard of living adequate for their health and well-being, including food, clothing, housing, and medical care. This is a foundational document in international human rights law and serves as a basis for subsequent treaties and national legislation. International Covenant on Economic, Social and Cultural Rights (ICESCR) - 1966: Article 11: The ICESCR recognizes the right of everyone to an adequate standard of living for themselves and their family, including adequate food, clothing, and housing. The Covenant obligates states to take appropriate steps to ensure the realization of this right. It emphasizes the need for continuous improvement of living conditions. International Labour Organization (ILO) Conventions: Convention No. 117 - Social Policy (Basic Aims and Standards) Convention, 1962: This Convention includes provisions relating to housing, emphasizing the need for states to promote adequate housing for workers and their families. Convention No. 169 - Indigenous and Tribal Peoples Convention, 1989: This Convention addresses the housing needs of indigenous and tribal peoples, recognizing their right to adequate housing as part of their cultural heritage and traditional ways of life. Regional Human Rights Instruments: European Social Charter (Revised) - 1996: Article 31 of the Charter recognizes the right to housing and requires member states to take measures to promote access to housing of an adequate standard, prevent homelessness, and make housing accessible to the most vulnerable. African Charter on Human and Peoples' Rights - 1981: While not explicitly mentioning housing, the Charter emphasizes the right to an adequate standard of living and has been interpreted by the African Commission on Human and Peoples' Rights to include the right to housing. American Convention on Human Rights - 1969: Similar to the African Charter, while it does not explicitly mention the right to housing, the Inter-American Court of Human Rights has recognized it as an essential component of the right to life, dignity, and adequate living conditions. Sustainable Development Goals (SDGs) - 2015: Goal 11: The SDGs include a specific goal to "make cities and human settlements inclusive, safe, resilient, and sustainable." This goal underscores the importance of adequate, safe, and affordable housing and basic services for all by 2030. LEGALEDGE 7676564400 [email protected] www.toprankers.com 25 Evolution of Right to Shelter in India Article 21 - Right to Life and Personal Liberty: The right to shelter in India is derived from Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The Supreme Court of India has interpreted the right to life to include the right to live with human dignity, which encompasses the right to shelter. This interpretation ensures that the right to adequate housing is an integral part of the broader right to life. Olga Tellis vs. Bombay Municipal Corporation (1985) In the early 1980s, the Bombay Municipal Corporation (BMC) initiated a large-scale eviction drive targeting pavement dwellers and slum residents in Mumbai (then Bombay). The BMC justified these evictions by citing health hazards and the need to maintain public spaces. Pavement dwellers and slum residents, most of whom were migrant workers, were forcefully evicted without being provided any alternative accommodation. The majority of these individuals relied on their proximity to their workplaces for their livelihood. Olga Tellis, a journalist, along with other petitioners, challenged the eviction orders, arguing that the right to livelihood, which was crucial to their survival, was being violated. Judgement Issues Right to Life and Livelihood (Article 21): 1 Whether the right to life under Article The Supreme Court, in a landmark decision, 21 of the Indian Constitution includes held that the right to life under Article 21 1 the right to livelihood. includes the right to livelihood. The Court recognized that the right to life would be meaningless without the means to sustain it, and thus, the right to livelihood was Whether the eviction of pavement inherently protected under the right to life. 2 dwellers and slum residents without any alternative accommodation violates their fundamental rights under Articles 19(1)(e) Eviction without Alternative Accommodation: and 21 of the Indian Constitution. The Court ruled that while the state has the power to enforce laws and regulations concerning public spaces, it cannot do so in a manner that violates fundamental rights. The Proportionality and Rehabilitation: eviction of pavement dwellers and slum The judgement underscored the principle of 2 residents without providing alternative proportionality, stating that any action by the 3 accommodation was held to be state that deprives individuals of their unconstitutional, as it deprived them of their livelihood must be justified by a larger public right to livelihood and, by extension, their interest. The Court also stressed the need for right to life. The Court emphasized that the a humane approach, suggesting that the state state must provide alternative housing should not only refrain from arbitrary arrangements before carrying out such evictions but also undertake efforts to evictions. rehabilitate those displaced. LEGALEDGE 7676564400 [email protected] www.toprankers.com 26  Chameli Singh vs. State of Uttar Pradesh (1996) The case involved the displacement of villagers due to a government project in the State of Uttar Pradesh. The government had acquired land under the Land Acquisition Act for constructing residential houses. The petitioners, including Chameli Singh, were residents of the land being acquired and challenged the acquisition, arguing that their displacement violated their fundamental right to shelter, which they claimed was an essential part of the right to life under Article 21 of the Indian Constitution. Judgement Issues Expansion of the Right to Shelter: Whether the right to shelter is a 1 The Supreme Court, in this landmark fundamental right under the Indian judgement, expanded the scope of the right to Constitution and includes more than just shelter under Article 21 of the Constitution. a physical roof over one's head. The Court held that the right to shelter is not limited to having a mere roof over one's head. 1 Instead, it encompasses the right to live in a safe and secure place, with access to basic amenities such as water, electricity, sanitation, and other essential services that uphold Whether the displacement of the 2 human dignity. The Court emphasized that petitioners by the state, without adequate shelter means not only a physical structure alternative accommodation, violated their but a living space that enables individuals to right to shelter and human dignity. live with dignity, privacy, and security. State's Responsibility: The Court underscored the responsibility of the state to provide these basic amenities 2 as part of its duty to protect and promote the right to life and personal liberty. The judgement highlighted that a home without these amenities would deprive individuals of the essential elements of a dignified life, which is intrinsic to the right to life under Article 21. Abdul Mateen Siddiqui v. Union of India And Ors. (Diary No. 289/2023) The case revolves around the eviction of nearly 50,000 people who allegedly encroached upon railway properties in Haldwani, Uttarakhand. The eviction was initially ordered by the Uttarakhand High Court in December 2022 in response to a Public Interest Litigation (PIL) filed by a private individual. The Union of India/Railways sought to modify a Supreme Court order that had stayed the High Court's eviction directive. The Railways argued that a retaining wall protecting the railway tracks was demolished by the Ghuala River's flow during the previous year's monsoon, necessitating the urgent clearing of the land for railway operations. The residents of the affected area, many of whom had been living there for several decades, challenged the eviction, arguing that they had established rights to the land and that the eviction would violate their right to shelter. LEGALEDGE 7676564400 [email protected] www.toprankers.com 27  Judgement Issues Right to Shelter and Humane Treatment: Whether the eviction of the The Supreme Court emphasised that while the residents, many of whom had Railways had a legitimate need to secure land for lived on the land for decades, infrastructure development, the eviction of long- term residents could not be carried out without ensuring their right to shelter. The Court ruled that 1 without providing alternative accommodation, violates their fundamental right to shelter the right to life under Article 21 includes the right to under Article 21 of the Indian 1 shelter, which encompasses not just a roof over one's head but also access to basic amenities and a secure living environment. Constitution. The Court underscored the need for a humane approach, directing that rehabilitation efforts must Whether the use of a PIL as a precede any eviction. It acknowledged that the means to address the alleged 2 residents had lived on the land for decades, and their encroachments was displacement without rehabilitation would be appropriate, given the unjust. disputed questions of fact regarding the residents' claims to the land. Appropriateness of PIL: The Court questioned the appropriateness of using a PIL to resolve the issue, particularly given the Whether the authorities had 2 complex factual disputes regarding the residents' claims to the land. The Court pointed out that a PIL undertaken proper 3 might not