VisionIAS PT 365 January 2025 Polity and Governance PDF

 POLITY AND GOVERNANCE Table of Contents 1. ELECTIONS ________________________ 4 5.1. Alternative Dispute Resolution ______ 31 1.1. Simultaneous Election ___________...

 POLITY AND GOVERNANCE Table of Contents 1. ELECTIONS ________________________ 4 5.1. Alternative Dispute Resolution ______ 31 1.1. Simultaneous Election _______________ 4 5.1.1. Mediation Act 2023 ________________ 32 1.2. State Election Commission (SEC) _______ 4 5.1.2. Lok Adalat ________________________ 32 1.3. Delimitation Commission _____________ 5 5.2. Free Legal Aid ____________________ 33 1.4. EVM-VVPAT ________________________ 6 5.3. Tribunal System in India ____________ 34 1.5. Model Code of Conduct (MCC)_________ 6 5.4. Bail _____________________________ 35 1.6. Lok Sabha Elections _________________ 7 5.5. Other Important News _____________ 36 1.6.1. Article 329(b) _______________________ 8 5.5.1. Gram Nyayalayas __________________ 36 1.6.2. Nomination in Election _______________ 8 5.5.2. Contempt of Court _________________ 36 1.6.3. Re-polling __________________________ 8 5.5.3. Mercy Petition ____________________ 37 1.6.4. Silence Period_______________________ 8 5.5.4. Curative Petition ___________________ 37 1.6.5. One Candidate, Multiple Constituencies 5.5.5. Fast-Track Special Courts (FTSCs) ______ 37 (OCMC) _________________________________ 9 5.5.6. Zero FIR __________________________ 37 1.6.6. Home Voting _______________________ 9 5.5.7. Doctrine of Coverture _______________ 38 1.6.7. Form 17 C _________________________ 10 5.5.8. Doctrine of Harmonious Construction __ 38 1.6.8. Braille signage _____________________ 10 6. IMPORTANT LEGISLATUREs/BILLS ____ 38 2. FUNCTIONING OF PARLIAMENT, STATE 6.1. Criminal Law Reform Acts ___________ 39 LEGISLATURE/LOCAL GOVERNMENT ____ 11 6.1.1. Bharatiya Nyaya Sanhita 2023 ________ 39 6.1.2. Bharatiya Nagarik Suraksha Sanhita 2023 39 2.1. Internal Emergency_________________11 6.1.3. Bharatiya Sakshya Adhiniyam 2023 ____ 40 2.2. Anti-Defection Law _________________12 6.2. Digital Personal Data Protection Act 202340 2.3. Proportional Representation _________12 6.3. Public Examination (Prevention of Unfair 2.4. Parliamentary Committees __________14 Means) Rules, 2024 ___________________ 42 2.5. Secretariat of the Parliament _________15 6.4. Telecommunications Act, 2023 ______ 42 2.6. Other Important News ______________16 6.4.1. Internet Shutdowns ________________ 43 2.6.1. Cabinet Secretary ___________________ 16 6.5. Consumer Protection Act (CPA) 2019 __ 44 2.6.2. President’s Address to Parliament _____ 16 2.6.3. Oath of Members of Parliament _______ 17 6.6. Foreign Contribution (Regulation) Act _ 45 6.7. Post Office Act 2023 _______________ 46 3. ISSUES RELATED TO CONSTITUTION ___ 18 3.1. Citizenship ________________________18 7. IMPORTANT CONSTITUTIONAL/ 3.1.1. Citizenship (Amendment) Rules, 2024 __ 18 STATUTORY/ EXECUTIVE BODIES IN NEWS 46 3.1.2. Overseas Citizen of India (OCI) ________ 19 7.1. National Human Rights Commission (NHRC) 3.2. Reservation and Affirmative Actions ___20 ____________________________________ 47 3.2.1. Sub-Classification of Scheduled Castes __ 21 7.2. Central Bureau of Investigation (CBI) __ 48 3.3. Uniform Civil Code (UCC) ____________22 7.3. Lokpal ___________________________ 49 3.4. Places of Worship (Special Provisions) Act, 7.4. Other important organisation in news 50 1991 ________________________________23 7.4.1. National Commission for Backward Classes 3.5. Preventive Detention _______________23 (NCBC) ________________________________ 50 3.6. Personality Rights __________________24 7.4.2. National Commission for Scheduled castes 3.7. Other Important News ______________25 (NCSC) ________________________________ 51 3.7.1. Enemy Property ____________________ 25 7.4.3. Union Public Service Commission (UPSC) 51 3.7.2. Right to be Forgotten (RTBF) __________ 25 7.4.4 State Finance Commission ____________ 52 3.7.3. Inner Line Permit (ILP) _______________ 25 7.4.5. Central Vigilance commission_________ 52 7.4.6. Law Commission ___________________ 53 4. CENTRE-STATE RELATIONS __________ 27 7.4.7. NITI Aayog ________________________ 53 4.1. Fiscal Federalism ___________________27 7.4.8. Universal Postal Union ______________ 54 4.2. Special Category Status _____________28 8. IMPORTANT ASPECTS OF GOVERNANCE 55 4.3. Sixth Schedule _____________________29 8.1. Right to Information (RTI) Act, 2005 __ 55 4.4. Formation of New States ____________29 8.2. Aadhaar _________________________ 56 5. JUDICIARY _______________________ 31 1 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  8.3. Centrally Sponsored Scheme (CSS) ____57 8.9. Constitutionalization of Environmental 8.4. Mission Karmayogi _________________58 Issues_______________________________ 62 8.5. Grievance Redressal Mechanism (GRM) 59 8.10. Diplomatic Passport ______________ 63 8.6. Jan Yojana Abhiyan_________________60 8.11. Other Important News ____________ 64 8.7. Auditing of Local Bodies _____________60 8.11.1. Common Service Centres (CSC) ______ 64 8.8. Cantonment Boards ________________62 8.11.2. World Press Freedom Index (WPFI) 202464 8.11.3. Co-Districts Initiative ______________ 65 Copyright © by Vision IAS All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Vision IAS. 2 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI 3 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  1. ELECTIONS 1.1. SIMULTANEOUS ELECTION Why in the news? Recently, One Nation, One Election Bill for simultaneous election also known as Constitution (129th Amendment) Bill, 2024 has been introduced in Lok Sabha and will be reviewed by a Joint Parliamentary Committee. Key provisions of Constitution (129th Amendment) Bill, 2024 Insertion of new article 82A: o Simultaneous Elections: Election Commission will conduct general elections for Lok Sabha and all State Legislative Assemblies (SLA) simultaneously. o Term of Legislative Assemblies: Term of all SLA will end with full term of Lok Sabha. Amendment to Article 83: It defines Unexpired Term, Mid-term and General Elections. o It says when Lok Sabha is dissolved before full term of 5 years as stated, period between date of dissolution and expiry of full term shall be an unexpired term. o Pursuant to dissolution, a mid-term election shall take place and a new Lok Sabha shall be constituted only for unexpired term. Amendment of Article 172: It defines unexpired term and Full term for SLA. Amendment of Article 327: Power of Parliament to make provision with respect to elections to Legislatures About Simultaneous Elections One Nation, One Election, popularly known as simultaneous Election mean general elections held for constituting the House of the People and all the Legislative Assemblies together. o Simultaneous Election does not mean that voting across the country for all elections needs to happen on a single day. In India, Simultaneous Election to Lok Sabha and Vidhan Sabhas were held in years 1951-52, 1957, 1962 and 1967. o This cycle was disrupted due to premature dissolution of State Assemblies in 1968-69 and of Lok Sabha in 1970. 1.2. STATE ELECTION COMMISSION (SEC) Why in the news? Recently, CAG in its Karnataka report, observed that disempowerment of SECs delays elections to local governments. About State Election Commission (SEC) Autonomous constitutional authority responsible for administering elections to Local Self Government, which includes Panchayati Raj Institutions (PRIs) and Urban Local Bodies. 4 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  73rd and 74th Amendment Act, 1992 provides for constitution of SEC. o It was also recommended by Gadgil Committee. Functions of State Election Commission Delimiting constituencies for local body elections to ensure fair representation Oversees preparation and revision of electoral rolls for local body elections Reservation of seats for SCs, STs, and OBC in local body elections Authority to decide disputes related to local body elections, including matters of disqualification of candidate Provide advice to Governor on matters related to conduct of local body elections 1.3. DELIMITATION COMMISSION Why in the news? Supreme court in Kishorchandra Chhanganlal Rathod case (2024) held that constitutional courts have the power to review orders of the Delimitation Commission if an order is manifestly arbitrary. About Delimitation Commission Delimitation is the process of fixing the number of seats and boundaries of territorial constituencies in each State for Lok Sabha and Legislative assemblies. Responsibility of delimitation is assigned to a high-power body known as Delimitation Commission (Boundary Commission). o Under Article 82, Delimitation is done by such authority and in such manner as Parliament may by law determine. o In India, such Delimitation Commissions have been constituted 4 times – in 1952, 1963, 1973 and 2002. o It is a Statutory Body. Delimitation Commission’s decisions are considered final and are unchallengeable in any court. The copies of its orders are laid before Lok Sabha and State Legislative Assembly concerned, but no modifications are permissible therein by them. 5 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  1.4. EVM-VVPAT Why in the News? In Association for Democratic Reforms vs ECI and Another (2024), Supreme court dismissed requests for full cross-verification of EVMs data with Voter Verifiable Paper Audit Trail (VVPAT) records. About EVM-VVPAT EVM is a portable microcontroller-based instrument designed to modernize Election process. o It is manufactured and supplied to ECI by Bharat Electronics Limited (under Ministry of Defense) and Electronic Corporation of India Limited (under Department of Atomic Energy). o Goa was first state to use VVPATs with all EVMs during 2017 Legislative Assembly Election. o VVPATs were fully deployed in 2019 Lok Sabha General Elections. Consists of 3-units o Ballot unit: Functions like a keyboard with 16 buttons/key. o Control unit: Also called as master unit, remains with polling/presiding officer. o VVPAT: Allows voters to verify that their votes are cast as intended. > It was introduced to have fullest transparency in voting system and to restore the confidence of voters by ensuring the accuracy of voting system using EVMs. 1.5. MODEL CODE OF CONDUCT (MCC) Why in the news? In response to violations of MCC during Lok Sabha elections, ECI has recently issued directives to political parties and their representatives to utilise social media platforms ethically. Model Code of Conduct (MCC) Genesis: In 1960, MCC was first introduced in state assembly elections in Kerala. Nature: Set of guidelines laid down by ECI in consensus with political parties to govern conduct of political parties and candidates to ensure free and fair elections. 6 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o The Election Commission derives its authority from Article 324 which provides power of superintendence, direction and control of elections to parliament, state legislatures, President and Vice-president Office. o Although constitution doesn’t explicitly mentioned about the MCC. Scope of applicability: Applies to all political parties, their candidates and polling agents, government in power, and all government employees. Duration of applicability: MCC is operational since election schedule is announced till results are announced (this period has been upheld by Punjab & Haryana High Court in Harbans Singh Jalal v. Union of India & Others in 1997). Consequences of violation: Since MCC has no statutory backing, violations cannot be prosecuted under Code. o However, certain provisions are enforceable through corresponding provisions in statutes like BNS, RPA, 1951 etc. For instance, > Publishing false statements about a candidate's character, conduct, etc. is a corrupt practice under Section 123(4) of RPA 1951. > Impersonation of voters is an electoral offence under Section 172 of Bhartiya Nyaya Sanhita 1.6. LOK SABHA ELECTIONS Why in the news? Recently, 2024 Lok Sabha Elections were held. About Lok Sabha Elections System of Election: Territorial representation for election of members to Lok Sabha. Under this, every member of legislature represents a geographical area known as constituency. o From each constituency, only one representative is elected. Hence such a constituency is known as single- member constituency. o In this system, a candidate who secures majority of votes is declared elected. Duration of Lok Sabha: Normal term is five years from date of its first meeting after general elections, after which it automatically dissolves. o However, President is authorised to dissolve Lok Sabha at any time even before completion of five years and this cannot be challenged in a court of law. o It can be extended during national emergency period by law of Parliament for one year at a time for any length of time. However, this extension cannot continue beyond a period of six months after emergency has ceased to operate. Constitutional Provisions: Articles 324 to 329, which are enshrined in Part XV, deal with provisions related to elections. 7 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  1.6.1. ARTICLE 329(B) Recently, Election Commission of India invoked Article 329(b) of Constitution before Supreme Court to limit judicial intervention in the electoral process. As per 329(b), no election to Parliament or a State Legislature shall be questioned except through an election petition filed as prescribed by law made by the appropriate Legislature. Supreme Court in N. P. Ponnuswami vs Returning Officer, Namakkal Constituency & Ors. (1952) states that once ECI officially notifies the election process, court cannot intervene or interfere. Also, under RPA (1951), Section 80 states that, validity of any election cannot be challenged or questioned except by filing an election petition. o Election petitions are filed in concerned state's High Court, which has original jurisdiction over them. o Appeals lie with Supreme Court of India. o An election petition can be filed by any candidate, or an elector relating to the election personally. > Elector means a person who was entitled to vote at the election to which the election petition relates. 1.6.2. NOMINATION IN ELECTION Recently, a candidate was elected unopposed to Lok Sabha as the nomination papers of the opposite candidate was rejected by the returning officer. Nominations in election o Section 33 of RPA, 1951 contains the requirements for a valid nomination. o For filing of nomination in a constituency > Candidate from recognised political party should have one proposer > Candidates from independent and unrecognised parties should be subscribed by ten proposers. > The proposers should be electors from that respective constituency. Section 33 of RPA, 1951 also deals with nominations for election of candidates and presentation of valid information. o Recently, Supreme Court held that election candidates have right to privacy as regards to matters which are of no concern to voters or are irrelevant to candidature of public life. Section 36 of RPA 1951 provides for scrutiny of nomination and empowers returning officer to reject nominations on grounds of any defect of ‘substantial character’. 1.6.3. RE-POLLING ECI conducted re-polling for Lok Sabha General Elections in various polling stations of Manipur and Arunachal Pradesh. Provisions related to Re-polling under RPA, 1951 Circumstances under which re-polling is needed o On account of natural calamity, violence, etc. o Due to damage or destruction of voting machines. o Countermanding of election on account of Booth capturing. o On account of death of candidate of recognised political party (National party/State party). 1.6.4. SILENCE PERIOD Silence Period was observed in the states where Lok Sabha elections were held. About Silence Period It is a ban on political campaigning before voting. It begins 48 hours before the voting day and ends after polling ends. 8 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Some prohibitions under RPA 1951 during this period (however Act does not use the term silence period): o Section 126 (1) prohibits displaying any election matter using television or similar apparatus, or propagation of election matters through any entertainment (like musical concert). o Section 126A prohibits conducting Exit polls and displaying their result (using print or electronic media). o Section 126(1)(b) prohibits displaying results of any Opinion Poll (in any electronic media). 1.6.5. ONE CANDIDATE, MULTIPLE CONSTITUENCIES (OCMC) Constitution has empowered Parliament to regulate the manner of conducting elections. Therefore, ‘contesting from multiple constituencies’ has been dealt with in RPA 1951. Under Act, there was no limit on number of constituencies a candidate could contest — until 1996. Provisions related to OCMC under RPA, 1951 Sub-section 33 (7) of RPA, 1951: It allows a candidate to contest from two seats. o It was introduced through amendment in 1996 prior to which there was no bar on number of constituencies from which a candidate could contest. Section 70 of RPA, 1951: It stipulates that a candidate can hold only one seat at a time, regardless of whether he/she has been elected from more than one seat. o Thus, if a candidate wins from two seats, a byelection is necessary from the seat he/she vacates. 1.6.6. HOME VOTING ECI for the first time provided facilities of home voting in 2024 election. The step is in line with Election Commission (EC) motto ‘No voter is left behind’ Home Voting Facility Under this, voting from home takes place through postal ballot with involvement of a full contingent of polling staff and security personnel with secrecy of voting diligently maintained. Beneficiaries: o PwDs meeting 40% benchmark disability. o Senior citizens aged above 85 years. Other Steps by EC to make voting inclusive: o Ease of voting by abolishing Form-M for kashmiri migrants residing at Jammu and Udhampur. o SVEEP (Systematic Voter’s Education and Electoral Participation) to engage PwDs and also sensitise their friends, families, polling officials, etc. o Proposed Multi-Constituency Remote Electronic Voting Machine (RVM): It would enable migrant voters to exercise their vote from their current place of residence. o Postal ballot: It allows votes being sent by post. following Persons are entitled to vote by post: > special voters; service voters; voters on election duty and, electors subjected to preventive detention. o Proxy voting: It allows registered elector to delegate his voting rights to a representative he nominates. Available for service voters. 9 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  1.6.7. FORM 17 C Election Commission told Supreme Court the rules do not permit sharing Form 17C data with any entity apart from polling officials. Form 17 C o It is associated with the directions under Conduct of Election Rules, 1961. o Its 1st part provides information related to the number of: > eligible voters assigned to the booth, electors in the register of voters, > voters who decided not to exercise their franchise, > voters not allowed to vote o Its 2nd part contains information like the name of the candidate and the total votes they received. 1.6.8. BRAILLE SIGNAGE Election Department of Puducherry will provide Braille signage in English and Tamil in Electronic Voting Machines (EVMs) in all 967 polling stations. It will enable visually impaired or blind voters to participate independently and confidentially in the electoral process. However, if elector desires, he/she will still be allowed to bring a companion as provided in Rule 49N of Conduct of Elections Rules, 1961. 10 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  2. FUNCTIONING OF PARLIAMENT, STATE LEGISLATURE/LOCAL GOVERNMENT 2.1. INTERNAL EMERGENCY Why in the news? The year 2024 marks the beginning of the 50th year since the imposition of internal Emergency on June 25, 1975. About Emergency Suspension of fundamental rights during emergency was incorporated from Weimar Constitution of Germany. Emergency Provisions are outlined in Article 352 to Article 360 under Part XVIII of Constitution. Rationale behind incorporation of these provisions: To safeguard sovereignty, unity, integrity and security of country, democratic political system, and Constitution. Procedure of Proclamation of Emergency Approval: o Proclamation must be approved by both Houses of Parliament within one month of its issuance. o If approved, Emergency remains in force for 6 months and can be extended indefinitely with parliamentary approval every six months (as per the 44th Amendment Act, 1978). o A resolution to approve or continue Emergency must be passed by a special majority in each House (majority of total membership and at least two-thirds of members present and voting). o Special Circumstance: If Lok Sabha is dissolved during Emergency period without approving its continuation, proclamation survives up to 30 days from first sitting of newly constituted Lok Sabha, provided the Rajya Sabha has approved its continuation in the meantime. Revocation: o President can revoke the proclamation anytime through a subsequent declaration. This does not require parliamentary approval. o If Lok Sabha passes a resolution to disapprove continuation of Emergency, it must be done by a simple majority. Changes brought after Internal Emergency through 44th Amendment Act, 1978 Written approval: Emergency can be proclaimed only on basis of written advice by Cabinet to President. Fundamental Rights: Restricted scope of Article 359 i.e. Right to protection in respect of conviction for offences (Article 20) and right to life and personal liberty (Article 21) remain enforceable during emergency. Term of Lok Sabha: Back to 5 years from 6 years by amending Articles 83 and 172. 11 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Removal of Article 275A: It gave the power to Government of India to deploy any armed force of Union or any other force to deal with any grave situation of law and order in any State. Judicial review: All doubts and disputes arising out of or in connection with election of a President or Vice- President shall be inquired into and decided by Supreme Court. 2.2. ANTI-DEFECTION LAW Why in the news? Supreme Court dismissed a writ petition challenging constitutionality of 10th Schedule. About Anti-defection Law (ADL) ADL provides for disqualification of MLAs who, after being elected on ticket of a political party, “voluntarily give up their party membership”. o It was included under 10th schedule via 52nd Amendment Act, 1985. o Any question regarding disqualification arising out of defection is to be decided by presiding officer of the House. Disqualification happens if: o A member: ü voluntarily gives up his party membership, or ü votes/abstain to vote in the House contrary to the direction issued by his political party and such act has not been condoned by the party within 15 days. o An independent member becomes disqualified if s/he joins any political party after such an election. o A nominated member becomes disqualified if s/he joins any political party after the expiry of 6 months from the date on which he takes a seat. Exception: Law allows a political party to merge with or into another party provided that 2/3rd of its legislators is in favour. o If a person is elected as speaker of Lok Sabha and chairman of Rajya Sabha, then he could resign from his party and rejoin the party once he/she demits the posts. Presently, Law does not provide a time limit within which Speaker/ Presiding officers have to decide on anti-defection case. 2.3. PROPORTIONAL REPRESENTATION Why in the news? Recently, experts in India have called to consider Proportional Representation (PR) for Lok Sabha and State Assembly elections instead First-Past-The-Post (FPTP) electoral system. 12 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Difference between First Past-The-Post (FPTP) and Proportional Representation Parameters First-Past-The-Post (Simple majority Proportional Representation system) Geographical Country is divided into small Large geographical areas are unit geographical units called constituencies demarcated as constituencies; or districts. entire country may be a single constituency. Representation Every constituency elects one More than one representative may representative. be elected from one constituency Voting Process Voter votes for a candidate. Voter votes for party Seat A party may get more seats than votes in Every party gets seats in the Distribution legislature. legislature in proportion to the Winning candidate may not secure percentage of votes it receives. majority (50%+1) of votes. Examples U.S., U.K., Canada, India (Lok Sabha and Israel, Netherlands. State Legislative Assemblies). Benefits Simple to understand for common Ensures representation of all voters. parties based on their vote share. Facilitates formation of a stable Fairer treatment of minority parties government. and independent candidates. Encourages voters from different social Fewer votes are wasted as more groups to come together to win an people’s preferences are taken into election in a locality. account. Concerns Over or under-representation of political Can lead to fragmented legislatures parties compared to their vote share. with multiple small parties. Does not ensure due representation for May result in coalition minorities (small groups). governments which can be less stable in parliamentary democracy. 13 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  2.4. PARLIAMENTARY COMMITTEES Why in the news? Recently, the Lok Sabha moved motions to form the Public Accounts Committee and Estimates Committee. About Parliamentary Committee (PCs) It means a committee which is appointed or elected by the House or nominated by Speaker and which works under the direction of Speaker. It presents its report to House or Speaker and Secretariat for which is provided by Lok Sabha Secretariat. PCs have their origins in the British Parliament. o They draw their authority from Article 105 (deals with privileges of MPs), and Article 118 (gives Parliament authority to make rules to regulate its procedure and conduct of business). Details of Committees Recently in the News Public First set up in 1921 in the wake of the Montague-Chelmsford Reforms. Accounts Consists of not more than 22 members (15 members from Lok Sabha and 7 from Committee Rajya Sabha). Function: Auditing revenue and expenditure of the Government of India. Estimate Constituted for first time in 1950 and consists of 30 members from Lok Sabha. committee Functions: Suggest alternative policies to bring about efficiency in administration; to examine whether the money is well laid out within limits of policy implied in estimates, etc. Parliamentary Union Home and Cooperation Minister is unanimously re-elected as the Chairperson of Committee PCOL. on Official Constitution: In 1976 under Section 4 of Official Languages Act, 1963. Languages o Act envisaged adoption of Hindi for official purposes providing for constitution of (PCOL) committee 10 years after commencement of Act. Membership: 30 (20 Lok Sabha and 10 Rajya Sabha) elected according to system of proportional representation through single transferable vote. Functions: Review progress made in use of Hindi for official purposes of Union and submits recommendations to President. Committee of Privileges Committee of Rajya Sabha (RS) held 12 opposition MPs, guilty of misconduct for Privileges of disrupting House proceedings. Rajya Sabha About Committee of Privileges of RS Responsible for investigating and addressing breaches of parliamentary privileges. o Parliamentary privileges are special rights and immunities granted to both Houses of Parliament and their members to perform their functions efficiently. It consists of 10 members nominated by RS Chairman. 14 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o In case of Lok Sabha, Privileges Committee consists of 15 members nominated by Speaker. Chairman of Committee shall be appointed by RS Chairman from amongst the members of Committee. Cabinet Union government constituted eight Cabinet committees. Committees About Cabinet committees They are extra-constitutional in nature and not mentioned in Constitution. However, Government of India (Transaction of Business) Rules, 1961 provide for their establishment. The cabinet makes use of committee system to facilitate decision-making in specific areas. Political Affairs Committee, Economic Affairs Committee, Appointments Committee are chaired by Prime Minister and Parliamentary Affairs Committee by Home Minister. They usually include only Cabinet Ministers. However, non-cabinet Ministers are not debarred from their membership. 2.5. SECRETARIAT OF THE PARLIAMENT Why in the News? As the Parliament completes 75 years, Parliament secretariat has been the custodian of procedure, precedent and legislative knowledge of the two Houses. Constitutional Provisions Article 98: Each House of Parliament shall have a separate secretarial staff. o Parliament may by law regulate recruitment, and conditions of service of persons appointed, to the secretarial staff of either House. ü However, so far, no such law has been passed. o It also allows creation of posts common to both Houses of Parliament. Article 187 makes similar provisions for Secretariat of State Legislatures. 'Council of States Secretariat' and 'Parliament Secretariat' (for House of People) were set up when both houses came into existence in 1952. o Their names were changed in 1954 to Rajya Sabha Secretariat and Lok Sabha Secretariat respectively. Secretariat of both houses has been divided into 10 services on a functional basis like Legislative, Executive, Administrative, verbatim reporting services, etc. Speaker and Chairman can create new posts in respective secretariat. However, for posts in Class I or Class II, prior consultation with the Union Ministry of Finance is mandatory. Secretary-Generals of both houses hold ranks equivalent to that of the Cabinet Secretary. o However, in table of precedence, Cabinet Secretary is placed at the 11th position, whereas Secretary, Lok Sabha/ Rajya Sabha are placed at 23rd position. 15 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Structure of the Secretariats Lok Sabha Secretariat Rajya Sabha Secretariat Speaker (Lok Sabha): Vested with ultimate Chairman (Rajya Sabha): Vested with guidance and control over the secretariat. administrative control over the secretariat. Administrative Head: Secretary General. Administrative Head: Secretary General. Recruitment and Conditions of Service: Recruitment and Conditions of Service: Governed by the Lok Sabha Secretariat Governed by Rajya Sabha Secretariat (Recruitment and Conditions of Service) (Recruitment and Conditions of Service) Rules, Rules, 1955 promulgated by President in 1957 promulgated by President in consultation consultation with Speaker. with Chairman (similar to Lok Sabha). 2.6. OTHER IMPORTANT NEWS 2.6.1. CABINET SECRETARY Appointments Committee of the Cabinet (ACC) approved the appointment of new Cabinet Secretary with a 2- year tenure starting from Aug 30, 2024. About Cabinet Secretary (CS) Appointed by the ACC on seniority-cum-merit basis. Responsible for administration of Government of India (Allocation of Business) Rules, 1961 and Government of India (Transaction of Business) Rules, 1961. Functions: Ensures inter-ministerial coordination, irons out differences among ministries and departments, etc. CS is also the ex-officio Chairman of Civil Services Board (CSB). CS has no authority over working departments, as CS is regarded as primus inter pares among secretaries of Union Government. 2.6.2. PRESIDENT’S ADDRESS TO PARLIAMENT President addressed the joint sitting of Parliament after the formation of the 18th Lok Sabha. About President’s Address Article 86: Allows President to address either House of Parliament or both Houses together. o President has not so far addressed under this provision. Article 87: Provides two instances when President specially addresses both Houses of Parliament assembled together. o At beginning of first Session after each general election. o At beginning of first session of each year. 16 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Originally, Article 87(1) required President to address both Houses of Parliament at commencement of every session. o Constitution (First Amendment) Act, 1951, amended this provision. 2.6.3. OATH OF MEMBERS OF PARLIAMENT Newly elected Members of Parliament (MP) of the 18th Lok Sabha took oath. Constitutional Provisions Article 99 deals with oaths of office of MPs, to be subscribed before President or some person appointed by him. o The forms of oath are provided in the Third Schedule. Article 104: Provides a penalty for a member if he/she sits in the House without the oath. o Exception to this rule: An individual can become a minister without being elected to Parliament. And he/she can take part in proceedings of house (without having power to vote). Oaths can be subscribed in English or any of the 22 Scheduled languages 17 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  3. ISSUES RELATED TO CONSTITUTION 3.1. CITIZENSHIP Why in the news? Recently, Constitution bench of Supreme Court upheld validity of Section 6A of Citizenship Act, 1955. About Citizenship Act 1955 It prescribes five ways of acquiring citizenship i.e. birth, descent, registration, naturalisation and Incorporation of territory. It does not provide for dual citizenship. o Dual citizenship is provided by countries like US, UK, Pakistan etc. Section 6A of Citizenship Act, 1955 is a special provision added through Citizenship Amendment Act, 1985 in furtherance of a Memorandum of Settlement called ‘Assam Accord’ between then central government and leaders of Assam Movement. o It conferred citizenship to those who migrated from East Pakistan (now Bangladesh) to Assam from January 1, 1966, until 24 March 1971 upon completion of ten years from date of detection as a foreigner. Citizenship Amendment Act (CAA) 2019 amends Citizenship Act, 1955. Related news Foreign Tribunal Supreme Court overturned the decision of Assam Foreigners’ Tribunal and declared a resident of State as Indian citizen. Foreigners Tribunals are Quasi-judicial bodies established under Foreigners (Tribunals) Order, 1964 by Central Government, according to Section 3 of Foreigners Act, 1946. o Authority: Only Foreigners Tribunals have power to declare a person as a foreigner. Thus, being excluded from National Register of Citizens in Assam does not automatically classify a person as a foreigner. o Power: Powers of a civil court under Code of Civil Procedure, 1908. 3.1.1. CITIZENSHIP (AMENDMENT) RULES, 2024 Why in the news? Ministry of Home Affairs has amended Citizenship Rules, 2009 and notified Citizenship (Amendment) Rules, 2024 to enforce Citizenship Amendment Act (CAA), 2019. Key highlights of Citizenship (Amendment) Rules, 2024 Eligibility To apply for citizenship by registration/naturalization one must be: o Person of Indian origin o Married to an Indian citizen o A minor child of an Indian citizen o A person whose parents are registered as an Indian citizen o Person or either of his parents was a citizen of Independent India o Registered as an Overseas Citizen of India Cardholder Other Present an affidavit verifying correctness of statements made in application Qualifications for and an affidavit by an Indian citizen to testify the character of applicant. citizenship by Adequate knowledge of one of languages listed in 8th Schedule. naturalization 18 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Proof of nationality Applicants now can provide 20 different documents as proof of entry into India, including visas, residential permits, census slips, Aadhaar cards etc. Renouncing Declaration saying citizenship of his country shall stand renounced citizenship of irrevocably if application for Indian citizenship is approved. another country Authority to which Under Section 6B of Citizenship Act, 1955, application shall be submitted in application may be electronic form to Empowered Committee through District Level Committee made as notified by Central Government. About Citizenship Amendment Act (CAA), 2019 Four conditions: Illegal migrants who fulfil four conditions will not be treated as illegal migrants under Act. These are: o they are Hindus, Sikhs, Buddhists, Jains, Parsis or Christians. o they are from Afghanistan, Bangladesh or Pakistan they entered India on or before December 31, 2014 o they are not in certain tribal areas of Assam, Meghalaya, Mizoram, or Tripura included in Sixth Schedule to Constitution, or o areas under “Inner Line” permit, i.e., Arunachal Pradesh, Mizoram, and Nagaland. Central Government exempted the said migrants: From adverse penal consequences of Passport (Entry into India) Act, 1920 and Foreigners Act, 1946 and rules or orders made thereunder. Naturalisation Period: Reduced from 11 years to 5 years for above category of migrants. Overseas Citizen of India (OCI): Act provides that central government may cancel OCI registration on five grounds. 3.1.2. OVERSEAS CITIZEN OF INDIA (OCI) Why in the News? Ministry of External Affairs has dispelled concerns regarding OCI cardholders being reclassified as foreigners, confirming that the existing OCI rules remain unchanged. About OCI Cardholders OCI Scheme was introduced by amending Citizenship Act, 1955 in 2005. Foreign military personnel either in service or retired are not entitled for grant of OCI. Person of Indian Origin and OCI cardholders have been merged under one category OCI in 2015. 19 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Benefits of OCI Cardholders Multiple-entry multi-purpose life-long visa to visit India. Equality with NRIs in certain financial, economic and educational matters. o Exception: Acquisition of agricultural or plantation land and in matters pertaining to inter-country adoption of Indian children. Eligible for grant of Indian citizenship under Section 5(1)(g) of Citizenship Act, 1955 after completion of 5 years as OCI cardholder. o Condition: He has resided in India for one year out of 5 years before making application. Eligible to enroll in National Pension Scheme at part with Non-Resident Indians. Restrictions related to OCI cardholders OCI does not confer political rights to vote. Not eligible to hold Indian constitutional posts: President (Article 58); Vice-President (Article 66); Judge of Supreme Court (Article 124) and High Court (Article 217). Not eligible for being a member of Lok Sabha/Rajya Sabha/ Legislative Assembly/Legislative Council. With regard to equality of opportunity in matters of public employment (Article 16). o Not eligible for public service positions in Union or State affairs, except for specific posts designated by the Central Government through special orders. Special approval is required for research, mountaineering, missionary activities, journalism and to visit Restricted / Protected Areas. 3.2. RESERVATION AND AFFIRMATIVE ACTIONS Why in the news? Recently, growing number of US States have been imposing restrictions or ban on diversity programmes on University Campuses. Affirmative actions They are positive steps taken to increase representation of certain historically oppressed group(s) in the society in areas of education, employment, etc. 20 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Comparison of Affirmative Action in India and US Specifications India USA Constitutional Constitution explicitly provides for affirmative Not enshrined in the constitution but Origin action. equal Protection Clause of 14th Amendment has been interpreted to permit affirmative action. Purpose To remedy historical discrimination against To fight discrimination against minority groups such as untouchables. groups and women. Targeted Socially and Educationally Backward Classes African Americans, Hispanics, Asian Groups (SEBCs) and Economically Weaker Sections. Americans, etc. System Based on the Quota System. Based on Diversity, Equity, and Inclusion (DEI) programs Articles 15 (4), 16 (4), etc., enables state to Provisions Began through an executive order in provide for reservation. 1961. Later, Civil Rights Act, 1964 Article 15 (4): Enables State to make enacted to give it a legal backing. special provisions for advancement of SEBCs of citizens or for SCs and STs. Article 16 (4): Enables State to make any provision for reservation of appointments or posts in favour of any backward class of citizens not adequately represented in services under State. Upper ceiling of 50% set by the SC in Indra Upper ceiling No upper legal limit. Sawhney judgment. 3.2.1. SUB-CLASSIFICATION OF SCHEDULED CASTES Why in the News? Recently, Supreme Court in State of Punjab & Others v Davinder Singh & Others case, held that sub- classification of Scheduled Castes is permissible to grant separate quotas for more backwards within the SC categories. Key highlights of Judgment Scheduled Castes notified under Article 341(1) are heterogeneous groups of castes, races or tribes with varying degrees of backwardness. o Article 341(1): President to specify castes, races, or tribes as SCs for any state or union territory. Sub-classification within SCs does not violate Article 341(2) because castes are not per se included in or excluded from List. o Article 341(2): Parliament may by law include or exclude any caste, race, or tribe from list of SCs by passing a law. Scope of sub-classification of SCs: o Objective of any form of affirmative action including sub-classification is to provide substantive equality of opportunity for backward classes. ü Substantive equality refers to principle that law must account for different backgrounds and historical injustices faced by persons or groups. o State can sub-classify based on inadequate representation of certain castes. However, State must establish that inadequacy of representation of a caste/group is because of its backwardness. 21 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  o State must collect data on inadequacy of representation in “services of the State”. State cannot act on its whims or political expediency and its decision is amenable to judicial review. Court clarified that while allowing sub-classification, the State cannot earmark 100% reservation for a sub-class Court noted that sub-classification was permitted for Socially and Educationally Backward Classes (SEBCs) under Article 342A (introduced in 2018), which empowers the President to prepare a list of SEBCs. 3.3. UNIFORM CIVIL CODE (UCC) Why in the News? Recently, Chief Minister of Uttarakhand announced that the Uniform Civil Code (UCC) will be implemented in state from January 2025. About Uniform Civil Code (UCC) It refers to a unitary system of personal laws applicable to all irrespective of religion. o Matters under scope of personal laws include marriage, divorce, maintenance, inheritance, adoption, and succession of property. o Article 44 under Part IV directs that State shall endeavour to secure citizen a UCC throughout territory of India. Current Status o Currently, Indian personal law is complex, with each religion adhering to its specific laws ü For instance, Hindu Succession Act 1956 governs Hindus, Sikhs, Jains and Buddhists; Muslim Personal Law governs Muslims; and Indian Succession Act 1925 applies to Christians, Parsis, and Jews. o In Goa, a form of common civil code is in practice under Portuguese Civil Code of 1867. 22 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  3.4. PLACES OF WORSHIP (SPECIAL PROVISIONS) ACT, 1991 Why in the news? Recently, Supreme Court barred civil courts nationwide from registering new suits challenging the ownership of places of worship or ordering surveys of disputed religious sites until further notice. About Places of Worship (Special Provisions) Act, 1991 Act declares that religious character of a place of worship shall continue to be the same as it was on August 15, 1947. It says no person shall convert any place of worship of any religious denomination into one of a different denomination or section. It also imposes a positive obligation on State to maintain religious character of every place of worship as it existed at the time of Independence. It declares that all suits, appeals or any other proceedings regarding converting the character of a place of worship, which are pending before any court or authority on August 15, 1947, will abate as soon as the law comes into force. Exemptions provided: o Disputed site at Ayodhya is exempted from the Act. o Act also does not apply to monuments and sites covered by Ancient Monuments and Archaeological Sites and Remains Act, 1958. o any dispute that has been finally settled or disposed of. o any conversion of any such place effected before such commencement by acquiescence. Penalty: Section 6 of Act prescribes a punishment of a maximum of three years imprisonment along with a fine for contravening the provisions of the Act. 3.5. PREVENTIVE DETENTION Why in the news? In Jaseela Shaji vs Union of India case (2024), Supreme Court highlighted the rights of detenu (detained person) to make an effective representation against preventive detention. Preventive Detention It means detention of a person without trial and conviction by a court, on a mere reasonable apprehension of him doing an activity dangerous to public order. Parliament and State Legislatures can make laws on preventive detention under Article 22. Constitution gives protection against arrest and detention under Article 22 (1) and 22 (2). o These protections are not available to a person arrested or detained under preventive detention laws (Article 22(3)). If there is failure or even delay in furnishing documents relied on for such detention, it would amount to denial of right to make an effective representation under Article 22(5). 23 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Laws that permit Preventive Detention: National Security Act, 1980; UAPA, 1967; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974; Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act (PBMSECA), 1980 etc. Grounds for Preventive Detention: Security of State; Foreign affairs or Security of India; Maintenance of Public Order; Maintenance of supplies and essential services and defence. 3.6. PERSONALITY RIGHTS Why in the news? Delhi High Court, in an interim order, restrained various entities – e-commerce stores, AI chatbots, etc. – from misusing actor’s name, image, voice, and likeness without his consent. Personality Rights It refers to the right of a person to protect his/her personality including name, voice, signature, images, or any other feature easily identified as markers of personality. They are not expressly mentioned in any statute in India but are traced to fall under right to privacy and right to property. Posthumous Personality Rights Defamation suit can be filed under Indian Penal Code for derogatory representation of any deceased person's reputation or their family. Emblems and Names (Prevention of Improper Use) Act, 1950 protects unauthorized use of few dignitaries’ names and symbols listed in its schedule. Personality rights under international convention There is no explicit international convention or treaty on protection of the publicity rights to date. However, certain publicity rights can be derived from the following international conventions: o Rome Convention (1961): It protects performers’ rights, phonogram producers’ rights and broadcasting rights. 24 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o TRIPS Agreement (1994): It secures certain rights of phonogram producers, live performers and broadcast rights. o WIPO Performances and Phonograms Treaty (WPPT): It protects rights of performers and phonogram producers, particularly in digital environment. 3.7. OTHER IMPORTANT NEWS 3.7.1. ENEMY PROPERTY An enemy property in Uttar Pradesh belonging to ancestors of Pakistan’s former President Pervez Musharraf is directed for sale. About Enemy Property Enemy Property Act, 1968 defined an ‘enemy’ as a country (and its citizens) that committed external aggression against India (i.e., Pakistan and China). ‘Enemy property’ is a property that belonged to or was managed on behalf of an enemy. 2017 amendment to the act expanded the definition of enemy to include: o legal heir or successor of enemy whether or not citizen of India or the citizen of a country which is not an enemy. o enemy who has changed his nationality. 1968 Act empowers Custodian of Enemy Property of India (under Ministry of Home affairs) for preservation, management, control and selling of enemy properties. 3.7.2. RIGHT TO BE FORGOTTEN (RTBF) Supreme Court will examine the issue of the 'right to be forgotten' concerning digital privacy. About Right to be Forgotten It is also known as 'right to erasure' and deals with individual rights to have control of the use of personal data by organisations. RTBF traces its origin to ‘right to oblivion’ in French jurisprudence. However, RTBF is not an absolute right. In Justice K.S. Puttaswamy case (2017), SC recognised RTBF as part of right to life under Article 21. Digital Personal Data Protection Act, 2023 does not mention the ‘right to be forgotten’. Europe’s GDPR law covers the right to be forgotten. 3.7.3. INNER LINE PERMIT (ILP) State government of Nagaland has approved the implementation of ILP in Chumoukedima, Niuland, and Dimapur districts. 25 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  About ILP It’s an official travel document issued by government that allows Indian citizens to travel into protected areas for a limited period. ILP system aims to regulate movement near India's international borders. ILP is officially used to protect tribal cultures in north-eastern India. Genesis: Bengal Eastern Frontier Regulations of 1873. There are different types of ILPs: One for tourists and others for long-term stays (often for employment purposes). States under ILP: Arunachal Pradesh, Mizoram, Nagaland and Manipur. Not eligible for ILP: NRIs (Indian who are staying abroad for more than 6 months), PIO Card holders, and OCI holders. They will have to apply for a regular Protected/ Restricted Area Permit. Protected Area Permit (PAP)/Restricted Area Permit (RAP) Under Foreigners (Protected Areas) Order, 1958, all areas falling between ‘Inner line’ and International Border of State have been declared as a Protected Area. Currently, Protected Areas are located in following States: o Whole of Arunachal Pradesh o Parts of Himachal Pradesh, Jammu & Kashmir, Rajasthan, Uttarakhand o Whole of Sikkim (partly in Protected Area and partly in Restricted Area) Under Foreigners (Restricted Areas) Order, 1963, areas declared as `Restricted’ Areas include Andaman & Nicobar Islands - Entire Union Territory; Sikkim - Part of the State. A foreigner is not normally allowed to visit a Protected / Restricted Area unless it is established to the satisfaction of Government that there are extraordinary reasons to justify such a visit. Every foreigner, except a citizen of Bhutan, who desires to enter and stay in a Protected or Restricted Area, is required to obtain a special permit from a competent authority. 26 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  4. CENTRE-STATE RELATIONS 4.1. FISCAL FEDERALISM Why in the news? Recently, some states have moved the Supreme Court against the Centre for disputes over sharing of financial resources by the Central Government. Fiscal Federalism It refers to how federal, state, and local governments share funding and administrative responsibilities within India’s federal system. Constitutional Provisions defining India’s Fiscal Federalism Arrangement Seventh Schedule: Constitution delineates tax bases between Union and States (Article 246). Distribution of Revenue: A classification of tax revenues between union and states is as follows: o Taxes levied and collected by centre but wholly assigned to states (Article 269). o Levy and Collection of GST in course of Inter-State Trade or Commerce (Article 269-A), which is distributed between Centre and States on recommendations of GST council. o Taxes levied and collected by union (corporation tax, personal income tax, central GST, etc.) and distributed between union and states (Article 270) on recommendation of Finance Commission. Basis of Devolution Vertical Devolution: Share of states from divisible pool which presently stands at 41% based on the recommendations of the 15th FC. Horizontal Devolution: It refers to distribution among the states from the share allocated to states based on various criteria. o As per 15th FC, the assigned criteria with their weights are: Income Distance (45%), Area (15%), Population, 2011 (15%), Demographic performance (12.5), Forest and Ecology (10%), and Tax and fiscal efforts (2.5%). Grants-in-Aid: Centre provides grants-in-aid to states as per Article 275. Borrowings: As per Article 292, union government has powers to borrow money either within or outside country while under Article 293, a state government can borrow within India (and not abroad). o Also, if a state is indebted to Union, it may not resort to further borrowing without prior consent of Union Government. Finance Commission (FC): Article 280 provides for a FC to adjudicate sharing of resources between Union and States. Status of State Finances States’ finance only 58% of their revenue expenditure from their revenue sources. Debt-GDP ratio of states stands at 27.5 % (March 2023). 27 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  4.2. SPECIAL CATEGORY STATUS Why in the news? Special Category Status (SCS) was demanded by Bihar and Andhra Pradesh. About Special Category Status SCS is a classification given by Centre to assist in development of those states that face geographical and socio-economic disadvantages. It was first introduced in 1969 on recommendations of Fifth Finance Commission (FC). In 1969, Jammu & Kashmir (J&K), Assam and Nagaland were granted SCS. o Later, Sikkim, Tripura etc. were given SCS. SCS States used to receive grants based on Gadgil-Mukherjee formula. Constitution does not include any provision for categorisation of any State in India as SCS state. o However, a wide range of special provisions are available to as many states that have been listed under Articles 371, 371-A to 371-H, and 371-J. On the recommendations of 14th FC, SCS cease to exist and thus no SCS has been granted to any State. o 'Current special funding pattern to Northeastern and Himalayan States, etc. is on account of recommendations of Sub-Group of Chief Ministers and not as per their SCS'. Special Packages Recently, Chief Ministers of Bihar and Andhra Pradesh had demanded special financial packages for their respective States. Special Packages refers to support provided to states facing geographical and socio-economic challenges, offering them additional financial assistance and other benefits. Special packages are purely discretionary. They may be need-based, but the need is not the proximate reason for granting a special package. 28 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o It is an additional grant under Article 282, which falls under ‘Miscellaneous Financial Provisions’. o Article 282 (Discretionary Grants) empowers Centre and states to make any grants for any public purpose, even if it is not within their respective legislative competence. 4.3. SIXTH SCHEDULE Why in the news? There is an increased demand for inclusion of Ladakh in the Sixth Schedule of Indian Constitution. Sixth schedule Sixth Schedule, under Article 244(2) resulted from Bardoloi Committee’s recommendations. It empowers Governor to create Autonomous District Councils (ADCs) & Autonomous Regional Councils (ARCs) in sixth schedule area states. o ADCs: Consist of not more than 30 members (4 nominated by Governor & 26 elected). > At present, there are 10 such ADCs in four states. o ARCs: Covers a specific tribe within a region of autonomous district. ADCs and ARCs have power to make laws on subjects like forest management, agriculture, inheritance, marriage, social customs etc. o They also have the power to collect land revenue, impose taxes, regulate trading, collect royalties from mineral extraction etc. Difference between Fifth and Sixth Schedule Parameter Fifth schedule Sixth Schedule Applicability Certain Scheduled Areas declared by Tribal areas in Assam, Meghalaya, President in any state of India. (Currently in 10 Tripura, and Mizoram. states) Administration Body Tribes Advisory Councils (TAC) ADCs & ARCs TAC being the creation of Legislative Assembly Extensive powers, including executive, Powers of the States has limited powers which are legislative and judicial powers, all mostly executive. derived from the Constitution. PESA Act 1996 Applicable Not applicable 4.4. FORMATION OF NEW STATES Why in the news? Recently, June 2 marks the ten years of formation of Telangana State. Procedure for Formation of New States Article 3: Provisions for formation of new States and alteration of areas, boundaries or names of existing States. As per this, o Power: Parliament may by law form a new State by separating territory from any State, uniting two or more States, uniting parts of States and uniting any territory to a part of any State. o Presidential Recommendation: Such Bill shall be introduced in either House of Parliament only on President’s recommendation. o Consultation with State Legislatures: Before recommending a Bill, which affects area, boundaries or name of any of States, President shall refer this Bill to Legislature of that State to express its view within a specified time. Parliament can create a new state through ordinary legislation (i.e. with simple majority). Formation of Districts: State government has power to create new districts or alter or abolish existing ones in states. Changes can be made by passing an executive order or a law in state assembly. 29 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  State Reorganization Commission/Committees S.K. Dhar Commission, 1948: Recommended re-organization on basis of administrative convenience rather than linguistic factor. JVP Committee (named after its members Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi Sitaramayya), 1948: Rejected language as basis for reorganization of states. Fazl Ali Commission, 1953: Identified 4 factors for state reorganization i.e. o Preservation and strengthening of unity and security of country. o Linguistic and cultural homogeneity. o Financial, economic and administrative considerations. o Planning and promotion of welfare of people and nation as a whole. Fazal Ali Commission recommended for formation of 14 states and 6 UTs. Parliament implemented its recommendations through Constitution (7th Amendment) Act, 1956. 30 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  5. JUDICIARY 5.1. ALTERNATIVE DISPUTE RESOLUTION Why in the news? Recently, Supreme Court has launched Online Mediation Training Web-Portal. More on news It is developed collaboratively by NALSA and Mediation and Conciliation Project Committee (MCPC). o MCPC was constituted by Supreme Court of India in 2005 to oversee effective implementation of Mediation and Conciliation in country. It provides comprehensive training in mediation to legal professionals across the country and promotes alternative dispute resolution mechanisms. About Alternative Dispute Resolution (ADR) ADR is a process in which disputes are addressed and settled outside of courtroom. It offers to resolve all type of matters including civil, commercial, industrial etc. and uses neutral third party to communicate, and resolve dispute. Existing Frameworks on Arbitration Domestic Arbitration and Conciliation Act, 1996 as per UNCITRAL Model Law, applicable to all kinds of arbitrations including commercial disputes. o Act has been amended in years 2015, 2019, and 2021. o Arbitration and Conciliation (Amendment) Act, 2021 allows for an unconditional stay of enforcement of arbitral awards in cases where arbitration agreement, contracts, or award itself were obtained through fraud or corruption. o This amendment was effective retrospectively from October 23, 2015. New Delhi International Arbitration Centre Act, 2019, for facilitating institutional arbitration. Indian Council of Arbitration, a society registered under Societies Registration Act, 1860. Global International Court of Arbitration, established in 1923 by International Chamber of Commerce. Permanent Court of Arbitration (PCA), established by Convention for Pacific Settlement of International Disputes, in 1899 at Hague (India is a party). UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements. 31 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  5.1.1. MEDIATION ACT 2023 Why in the news? President of India granted assent to passed Mediation Act 2023 seeking to promote mediation as a preferred mode of ADR in India. Key Highlights of Mediation Act 2023 Specifications Detail Defines Mediation It includes expression mediation, pre-litigation mediation, online mediation, and community mediation. o Parties attempt to reach an amicable settlement of their dispute with assistance of a third person referred to as a mediator. Voluntary Pre- Parties can attempt to settle civil or commercial disputes by mediation before litigation Mediation approaching any court or certain tribunals. Disputes not fit for List includes: mediation o relating to claims against minors or persons of unsound mind, o involving criminal prosecution, o apecting the rights of third parties. Territorial Mediation to take place within territorial jurisdiction of court or tribunal of Jurisdiction competent jurisdiction, unless parties agree otherwise or undertake mediation in online mode. Timeline for Must be completed within 120 days, which may be extended by another 60 conducting days with consent of parties. Mediation o A party may withdraw from mediation after two sessions. o Court-annexed mediation must be conducted as per the rules framed by Supreme Court or High Courts. Establishment of Consists of 1 chairperson, 2 full-time members (with experience in mediation or Mediation Council ADR), 1 part-time member (including Law Secretary, and Expenditure Secretary) of India (MCI) and 3 ex onicio members. Defines Mediation As a body or organization recognized by MCI for conducting mediation. Service Providers o Mediation can be done by Authority, constituted under Legal Services Authorities Act, 1987 also. Enforceability Agreements resulting from mediation will be binding and enforceable in same manner as court judgments. o Verdict can be challenged before a competent court within 90 days. o Mediated settlement can be challenged on grounds of fraud, corruption, impersonation, and disputes not fit for mediation only. 5.1.2. LOK ADALAT Why in the news? Supreme Court organized Special Lok Adalat on 75th year of its establishment for dispute settlement About Lok Adalat (People’s Court) Lok Adalats is one of the Alternative Dispute Redressal Mechanisms Establishment: Accorded statutory status under Legal Services Authorities Act, 1987. o In 2002, Act was amended to establish permanent Lok Adalats for public utility services, which are guided by principles of natural justice. Powers: They are not bound by Code of Civil Procedure (CPC), 1908 and Bhartiya sakhya Adhiniyam 2023. o It has same powers as a civil court under CPC, 1908. o Decision made by Lok Adalats is final and binding and no appeal can be made against its decision. 32 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Cases referred to Lok Adalat includes o Any case pending before any court, o Any dispute which has not been brought before any court and is likely to be filed before court. Nature of Cases undertaken: Includes matrimonial disputes, property disputes, motor accident claims, land acquisition etc. First Lok Adalat: Held in 1982 at Junagarh, Gujarat. 5.2. FREE LEGAL AID Why in the news? Supreme Court issued directions for Legal Services Authorities (LSAs) to ensure access to free legal aid for prison inmates. About Free Legal Aid in India It refers to the provision of free legal services to individuals who are unable to afford legal representation or access to the justice system. Legal aid can include legal advice, representation in court proceedings, mediation, negotiation, and alternative dispute resolution mechanisms. Statutory provisions for legal aid o Legal Services Authorities Act, 1987 (came into force in 1995): To constitute LSAs to provide free and competent legal services to weaker sections of society. > National Legal Services Authority (NALSA), State Legal Services Authority (SLSAs) and District Legal Services Authority (DLSAs) were accordingly constituted. o Section 341 of Bhartiya Nagarik Suraksha Sanhita, 2023: Legal aid to accused at State expense in certain cases where accused lacks the means for legal engagement. Government Steps taken for legal aid: Designing Innovative Solutions for Holistic Access to Justice in India (DISHA) scheme; Tele-Law; Nyaya Mitra programme; Lok Adalat etc. National Legal Services Authority (NALSA) It is a statutory body constituted under LSA Act, 1987 to provide free and competent legal services to weaker sections of the society. Functions: o Formulate policies, principles, guidelines and frame effective schemes for SLSAs to implement Legal Services Programmes throughout country. o Monitor and evaluate implementation of legal aid programmes. o Organize Lok Adalats for amicable settlement of disputes. 33 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  5.3. TRIBUNAL SYSTEM IN INDIA Why in the news? Allahabad High Court held that appeal against an order of Central Administrative Tribunal (CAT) while exercising contempt jurisdiction under Administrative Tribunals (AT) Act 1985 lies before SC only, not the High Courts (HCs). About Tribunal System in India Nature: Quasi-judicial bodies. Objective: To reduce caseload of the judiciary and bring in subject expertise for technical matters. Constitutional Recognition: Article 323A and Article 323B. CAT was established under Article 323A. o CAT Jurisdiction: Adjudication of disputes and complaints wrt recruitment and conditions of service of persons appointed to public services and posts in connection with affairs of Union or other authorities under control of Government. o In 2010, Supreme Court clarified that subject matters under Article 323B are not exclusive, and legislatures are empowered to create tribunals on any subject matter under their purview as specified in Seventh Schedule. Jurisdiction: Each tribunal is given specific jurisdiction to hear and decide cases within its designated area of expertise. o Some tribunals have appellate jurisdiction, meaning they hear appeals from decisions made by lower authorities or government bodies. Appeals: Appeals from tribunals usually lie with concerned High Court. However, some laws specify that appeals will be heard by Supreme Court. Differences between Tribunals and Courts Feature Tribunals Courts Establishment By acts of Parliament. By Constitution of India only. Inserted via 42nd CAA, 1976 by adding 323A (Administrative Tribunal both at centre and state level) and 323B (For other matters like taxation, land reforms, etc.). Recommended by Swaran singh committee 34 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Purpose To resolve disputes and complaints on specific To interpret and maintain law and matters. order in their jurisdiction and give decisions on civil and criminal cases. Procedural Not bound by specific procedures but governed Bound by procedural codes. Compliance by Principles of Natural Justice. Members A mix of judicial and experts with special Judicial only knowledge. Powers Limited to laws under which they are set. Power to use all enacted laws before making a decision. 5.4. BAIL Why in the news? Recently, a 2-Judge bench of the Supreme Court of India in Jalaluddin Khan v. Union of India case ruled that 'bail is the rule, jail is the exception' even in special statutes like UAPA 1967. More on news Court observed that denying bail in deserving cases is violation of rights under Article 21. Legal Provisions of Bail Bail in Bailable Offences (Section 479 of Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023) o Maximum period for which an undertrial prisoner can be detained is one-half of maximum period of imprisonment. o First-time offenders will be given bail, if detained for over one-third of the maximum period of imprisonment. Special laws such as POCSO Act (2012), Protection of Women from Domestic Violence Act (2005), etc. also contain provisions related to grant of bail. Measures taken for Bail Plea Bargaining: Enables pre-trial negotiation between defendant and prosecution. o In section 290 of BNSS, plea bargaining has been made time bound and application can be made within 30 days from date of framing of charge. o Applies only to offenses punishable by up to seven years of imprisonment, with further restrictions excluding cases involving crimes against women, children, or socio-economic offenses. E-prisons Software: Facilitates state authorities to access data of inmates in efficient manner. Related news 2-Judge bench of SC held that bar on anticipatory bail under Section 18 of SC and ST (Prevention of Atrocities) Act, 1989 is not applicable unless a prima facie case under Act is made out against accused. Section 18 states that Section 438 of CrPC, which provides for anticipatory bail, shall not apply in relation to cases involving offence under Act. 35 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Section 482 BNSS (2023) contains relevant provisions for anticipatory bail. SC and ST (Prevention of Atrocities) Act, 1989 Objective: To prevent commission of offences against members of SCs/STs, Special Courts for trial of such offences, and provision for relief and rehabilitation of victims. Salient Features o Accused must not be a member of SC/ST. o Offenses include employing members of SC/ ST for Manual Scavenging, dedicating SC/ ST women to deity, temple, etc., as devadasi, among others. o It also provides for punishment for neglect of duties under Act by public servants not being a member of SC/ ST. 5.5. OTHER IMPORTANT NEWS 5.5.1. GRAM NYAYALAYAS Supreme Court raised concern regarding the feasibility of setting up Gram Nyayalayas (village courts), as mandated by Gram Nyayalayas Act, 2008. Key Features of Gram Nyayalayas Purpose: Ensures that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities. Statuary backing: Under Gram Nyayalayas Act, 2008. o Act exempts States of Nagaland, Arunachal Pradesh, Sikkim and tribal areas specified in the Act. Seat of gram nyayalayas: Located at the headquarters of the intermediate Panchayat Status: Gram Nyayalayas are deemed to be a Court of Judicial Magistrate of First Class. o State government appoints 'Nyayadhikari' for each Gram Nyayalaya in consultation with the high court. Jurisdiction: Shall be a mobile court and both civil and criminal jurisdiction to settle petty disputes at the village level. Dispute Process: Disputes are to be settled with the help of conciliation between the parties. o These are not bound by rules of evidence provided in Indian Evidence Act, 1872 but by Principles of Natural Justice. > Indian Evidence Act, 1872 has been recently replaced by Bharatiya Sakshya Adhiniyam. Appeals: Appeal in criminal cases lie to the Court of Session and in civil cases lie to the district court, shall be disposed within 6 months from the date of filing an appeal. 5.5.2. CONTEMPT OF COURT Jharkhand government has filed a Contempt petition against the Centre alleging delay in appointment of the Chief Justice of the High Court. About Contempt of Court Defined under Contempt of Courts Act, 1971. Article 129 and Article 215 give power to the SC and HCs to punish contempt. Two types of contempt Civil contempt: Wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; Criminal Contempt: Publication of any matter which o Scandalises or lowers the authority of, any court; or o Prejudices, or interferes with, the due course of any judicial proceeding; or o Interferes with, or obstructs the administration of justice. 36 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  5.5.3. MERCY PETITION President has rejected the mercy petition of a Lashkar-e-Taiba terrorist sentenced to death for the December 2000 Red Fort attack. Constitutional provisions related President’s power on mercy petition Article 72 empowers the President of India to grant pardons, reprieves, respites, suspend, remit, or commute the sentence of a person convicted of any offense where sentence is o by a court Martial; o for an offence against any law relating to a matter to which executive power of Union extends; o a sentence of death. 5.5.4. CURATIVE PETITION Supreme Court (SC) quashes arbitral award against Delhi Metro Rail Corporation. About Curative Petition It is last constitutional remedy available to a person whose review petition (Article 137) has been dismissed by SC. Given shape in Rupa Ashok Hurra v. Ashok Hurra & Anr. o Curative power of the Court flows from Article 142 (power to do complete justice). Curative petition is entitled, if petitioner establishes- o Violation of principles of natural justice; o Judge failed to disclose his connection with the subject-matter. o There is an apprehension of bias and judgement adversely affects petitioner. 5.5.5. FAST-TRACK SPECIAL COURTS (FTSCS) FTSCs are much more efficient in handling rape cases and those related to Protection of Children from Sexual Offences (POCSO) Act according to a re