CLAT Post June 2024 Exam Paper PDF

1  TABLE OF CONTENTS 1. Polity and Governance 03 35. World Bank Report on Global Water Crisis................ 99 1....

1  TABLE OF CONTENTS 1. Polity and Governance 03 35. World Bank Report on Global Water Crisis................ 99 1. Bihar’s Demand for Special Category Status 2024. 03 36. KAZA Summit 2024 and Wildlife Product Trade..... 103 2. Inter – service organisation Act....................................... 06 37. Tonga Volcano Impacting Weather................................. 106 3. Right to Promotion Not a Fundamental Right.......... 08 38. World Environment Day 2024......................................... 109 4. Personality Rights.................................................................. 12 39. Environmental Performance Index (EPI) 2024........ 112 5. Supreme Court Mandates Self-Declaration by 40. Nagi and Nakti Bird Sanctuaries Recognised as Ramsar Advertisers (legal)................................................................. 15 Sites.............................................................................................. 115 6. General Election 2024.......................................................... 17 41. UNESCO’s State of Ocean Report 2024......................... 118 7. CIC Jurisdiction over MPLADS Funds............................ 20 8. Power of ECI to Deregister Political Party.................. 22 6. How to prepare Current Legal Knowledge for CLAT 2025? 9. National Testing Agency and NEET Exam................... 25 10. Role of the Speaker in the Indian Parliament............ 28 7. Science & Technology 121 11. National Health Claim Exchange (NHCX).................... 31 42. India's First 3D-Printed Rocket Launched.................. 121 12. Maitri Setu 2024..................................................................... 34 43. World's First Wooden Satellite......................................... 123 13. Renaming of Joshimath and Kosiyakutoli 2024....... 36 44. Rudra M-II.................................................................................. 125 14. First All-India Survey on AYUSH 2024......................... 38 45. Global Wind Day 2024......................................................... 127 2. Economy & Governance 40 8. Miscellaneous 129 15. RBI Surplus Transfer to Government............................ 40 46. International Booker Prize 2024.................................... 129 16. Increased Recovery Under IBC........................................ 43 47. Cyclone Remal.......................................................................... 131 17. RBI’s Repatriation of Gold from UK to India.............. 46 48. Kavli Prize 2024...................................................................... 134 18. Netherlands Becomes India’s 3rd Largest Export 49. Dag Hammarskjold Medal and International Day of UN Destination................................................................................ 49 Peacekeepers............................................................................ 137 19. World Wealth Report 2024................................................ 51 50. Tarang Shakti-2024............................................................... 140 20. UN Report on Global Debt Crisis..................................... 53 21. Global Economic Prospects Report 2024.................... 56 9. LE Online Comping Batches 22. India to take Australia to WTO Arbitration................ 59 10. Important One Liners....................................................... 142 3. What’s happening in your FamiLE 11. LE Offline Comping Batches 4. International Affairs 62 23. ICJ Orders Israel to Cease Military Actions in Rafah 12. CLAT POST Mock Test........................................................ 178 and Arrest Warrants Against Israel and Hamas Question Paper................................................................................. 178 Leaders........................................................................................ 62 Answer Key and Explanation..................................................... 200 24. Pandemic Treaty..................................................................... 66 25. India Chairs Colombo Process.......................................... 69 26. New Non-Permanent Members of the United Nations Security Council (UNSC) 2024......................................... 71 27. Spain becomes 99th Member of ISA.............................. 73 28. Global Gender Gap Report 2024..................................... 76 29. BIMSTEC Charter.................................................................... 80 30. 50th G7 Summit 2024.......................................................... 83 31. ESA and Twelve Countries Sign the Zero Debris Charter........................................................................................ 86 32. Ukraine “Path to Peace” Summit 2024......................... 90 5. Environment 93 33. 19th Session of United Nations Forum on Forest.... 93 34. International Big Cat Alliance........................................... 96 2  Polity & Governance Bihar’s Demand for Special Category Status 2024 Why in news? Recently, the government of Bihar has reiterated its request for Special Category Status (SCS) from the central government. This renewed demand has been spotlighted after the results of the "Bihar Caste-based Survey, 2022" revealed extensive socio-economic issues within the state. Why is Bihar Demanding SCS? Economic Backwardness: Bihar has one of the lowest per-capita GDPs in India, around ₹54,000, significantly lower than the national average. The state remains one of the poorest in the country, with a high percentage of the population living below the poverty line. Impact of Bifurcation: The creation of Jharkhand in 2000 led to the loss of industrial and mineral resources for Bihar, exacerbating its economic challenges. Natural Disasters: Bihar frequently faces floods in the northern regions and droughts in the southern regions, severely affecting agriculture and livelihoods. Infrastructure Deficit: The state suffers from inadequate infrastructure, including poor road networks, limited healthcare facilities, and insufficient educational institutions. Need for Welfare Funding: The Bihar government estimates that SCS could help secure an additional ₹2.5 lakh crore over five years to fund various welfare schemes for the state's impoverished population. Demographic Pressures: Bihar, with one of the highest population densities in India, faces significant pressures on its social services and infrastructure, further compounding the challenges of economic development and public health management. Arguments Against Bihar Getting SCS Central Government’s Position: The central government has persistently declined Bihar's request for Special Category Status (SCS), referencing the 14th Finance Commission's recommendations that increased states' share of tax revenue from 32% to 42%, thus arguing that the additional support provided by SCS is now redundant. Lack of Hilly Terrain: Bihar also fails to meet certain essential criteria for SCS, such as possessing hilly terrain or being situated along strategic international borders, which are critical factors in determining eligibility. Economic Burden: Critics of granting SCS to Bihar suggest that it could impose an extra financial strain on the national treasury and potentially discourage the state government from pursuing more effective and efficient governance and economic policies. Special Category Status? Special Category Status (SCS) is a designation given by the central government of India to assist states that struggle with specific geographical and socio-economic challenges. This classification helps facilitate more direct central intervention and financial assistance to spur development in affected regions. Origins: The concept of SCS was established in 1969, influenced by the recommendations of the Fifth Finance Commission. It was originally applied to states such as Jammu & Kashmir, Assam, and Nagaland, each of which faced distinct developmental challenges. LEGALEDGE 7676564400 [email protected] www.toprankers.com 3  Criteria for Special Category Status: Geographical Disadvantages: States that are characterized by difficult terrain, such as extensive hilly areas, which complicate infrastructural development and economic progress. Low Population Density: This criterion recognizes that states with sparse populations face unique challenges in achieving economies of scale and sustaining viable economic growth. Significant Tribal Population: States with large tribal communities often require special attention due to their unique cultural and economic circumstances. Strategic Location Along International Borders: States that lie along international borders may have strategic significance and security concerns that necessitate additional central support. Economic and Infrastructural Backwardness: States that lag behind in key economic indicators and infrastructural facilities are considered for SCS to help bridge the developmental gap. Non-Viable State Finances: States that struggle with generating sufficient revenue to support basic administrative and developmental activities, showing a need for greater central funding and support. Benefits of Special Category Status Financial Assistance: States with SCS receive more favourable central assistance, with the Centre covering 90% of the funds for centrally sponsored schemes, compared to 60-70% for general category states. Tax Concessions: SCS states benefit from concessions in customs and excise duties, income tax, and corporate tax rates, which are intended to attract investments and stimulate economic growth. Additional Grants: These states also receive Special Plan Assistance and Special Central Assistance, which are unrelated to specific projects, allowing for greater flexibility in addressing local needs. PRACTICE QUESTIONS 1. Which Finance Commission recommended the (a) 8 (b) 9 introduction of Special Category Status in 1969? (c) 10 (d) 11 (a) First Finance Commission (b) Third Finance Commission 4. Which states were the first to be accorded Special (c) Fifth Finance Commission Category Status in 1969? (d) Seventh Finance Commission (a) Jammu and Kashmir, Assam, and Nagaland (b) Bihar, Odisha, and Rajasthan 2. Which committee set up by the Centre in 2013 placed (c) Andhra Pradesh, Karnataka, and Kerala Bihar in the “least developed category”? (d) Punjab, Haryana, and Gujarat (a) Raghuram Rajan Committee (b) Kelkar Committee 5. What percentage of the funds required in a Centrally- (c) Niti Aayog Committee Sponsored Scheme is paid by the Centre to Special (d) Gadgil Committee Category Status states? (a) 60% (b) 75% 3. How many Indian states currently have Special (c) 90% (d) 100% Category Status? LEGALEDGE 7676564400 [email protected] www.toprankers.com 4  ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) Fifth Finance Commission 4. Correct Answer: (a) Jammu and Kashmir, Assam, and Explanation: The Fifth Finance Commission Nagaland recommended the introduction of Special Category Explanation: The first states to be accorded Special Status in 1969 to provide special assistance in the form Category Status in 1969 were Jammu and Kashmir, of tax benefits and financial support for the Assam, and Nagaland. development of certain regions or states. 5. Correct Answer: (c) 90% 2. Correct Answer: (a) Raghuram Rajan Committee Explanation: The Centre pays 90% of the funds required Explanation: The Raghuram Rajan Committee, set up by in a Centrally-Sponsored Scheme to Special Category the Centre in 2013, placed Bihar in the “least developed Status states, while the remaining funds are provided by category”. the state governments. For other states, the Centre typically pays 60% or 75%. 3. Correct Answer: (d) 11 Explanation: Presently, eleven Indian states have Special Category Status: Assam, Nagaland, Himachal Pradesh, Manipur, Meghalaya, Sikkim, Tripura, Arunachal Pradesh, Mizoram, Uttarakhand, and Telangana. LEGALEDGE 7676564400 [email protected] www.toprankers.com 5 Inter-Services Organisations Act Why in news? The Inter-Services Organisations (Command, Control and Discipline) Act has been notified through a Gazette Notification to be enforced with effect from May 10, 2024. In order to bolster effective command, control and efficient functioning of Inter- Services Organisations (ISOs), the bill was passed by both the Houses of Parliament during the Monsoon Session of 2023. The Bill received the assent of the President on August 15, 2023. The Act empowers Commanders-in-Chief and Officers-in- Command of ISOs to exercise control over Service ISOs Act: Features personnel, serving under them, for effective maintenance of discipline and administration, without disturbing the Unified Command and Control unique service conditions of each individual Service. ISOs Act 2024: Introduction 1 Ensures efficient decision-making and operational coordination across all military branches. The Inter-Services Organisations (ISOs) Act of 2024 marks a pivotal reform in the Indian Armed Forces, Formalization of ISOs 2 aimed at fostering integration and enhancing operational efficiency. Recognizes and structures various ISOs, This legislative measure introduces a unified command such as the Andaman and Nicobar Command and Defence Space Agency. structure to streamline military operations and improve coordination during national security operations. Central Government Oversight Historical Context and Rationale Existing Framework: Prior to this act, the Indian 3 Maintains ultimate control over military operations to safeguard national interests. military operated under separate legal frameworks for each branch (Army, Navy, Air Force), which led to operational inefficiencies, especially in joint Eligibility Criteria for Leadership operations. Need for Change: The ISOs Act was introduced to address these inefficiencies and align the Indian 4 Specifies qualifications for leadership roles to maintain high standards within ISOs. military's operational structure with modern warfare demands. 5 Key Provisions of the ISOs Act Operational Effectiveness Integrated Commands: Establishment of ISOs and Aims to enhance coordination and Joint Services Commands to conduct unified military understanding between the services. operations. Command and Control: Empowerment of Commanders-in-Chief and Officers-in-Command with Preservation of Service 6 extensive control over military personnel, enhancing Distinctiveness both disciplinary and administrative capabilities. Retains the unique identities and doctrines of each military branch while Impact on Military Efficiency centralizing command. Streamlined Operations: The act centralizes command under the ISOs, significantly improving coordination and reducing bureaucratic delays, 7 Administrative Efficiency particularly crucial during conflicts or emergencies. Promotes quicker resolution of Government Oversight: Ensures that military disciplinary and administrative matters. operations are aligned with national defense policies through central government supervision. LEGALEDGE 7676564400 [email protected] www.toprankers.com 6 Controversies and Criticism Potential Over-centralization: Critics argue that too much centralization may undermine the unique capabilities and traditions of individual service branches. Autonomy Concerns: There are worries about the potential reduction in autonomy for individual military branches due to the centralized command structure. Significance in Modern Warfare Global Alignment: The act mirrors global military trends towards integration and joint operations, essential for effective modern warfare which demands rapid and coordinated responses across multiple domains. Precedents and Comparisons Global Examples: The structure is compared to unified combatant commands in the United States, which have proven effective in integrated military operations. This act is part of broader defense reforms, including the establishment of the Chief of Defence Staff (CDS) role. PRACTICE QUESTIONS 1. Who can exercise control over Service personnel in (a) 2015 (b) 2016 Inter-Services Organisations for maintaining discipline (c) 2018 (d) 2019 under the new Act? (a) Ministers (b) Governors 4. The Integrated Defence Staff was set up under the (c) Commanders-in-Chief (d) Civil Servants Ministry of Defence in October 2001 in the aftermath of which operation? 2. What is the first Tri-Service theatre command of the (a) Operation Parakram. (b) Operation Meghdoot Indian Armed Forces? (c) Operation Vijay. (d) Operation Blue Star (a) Eastern Command. (b) Andaman and Nicobar Command 5. Who was the first Chief of Defence Staff of India, (c) Northern Command commemorated with a life-size statue in Dehradun? (d) National Defence Academy (a) General Manoj Mukund Naravane (b) General Bipin Rawat 3. When was the position of the Chief of Defence Staff (c) General Dalbir Singh Suhag (CDS) established in India? (d) Admiral Karambir Singh ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) Commanders-in-Chief The CDS serves as a single-point military advisor to the Explanation: The Act specifically empowers the government, aimed at improving coordination among Commanders-in-Chief and Officers-in-Command of the Indian Armed Forces, particularly in areas like Inter-Services Organisations (ISOs) to exercise control defence planning and procurement. over the Service personnel serving under them. This provision is aimed at ensuring effective maintenance of 4. Correct Answer: (c) Operation Vijay discipline and administration without impacting the Explanation: The Integrated Defence Staff was unique service conditions of each individual Service. established in October 2001 under the Ministry of Defence following the lessons learned during 'Operation 2. Correct Answer: (b) Andaman and Nicobar Command Vijay', also known as the Kargil Operations. Explanation: The Andaman and Nicobar Command, based in Port Blair, is recognized as the first Tri-Service 5. Correct Answer: (b) General Bipin Rawat theatre command of the Indian Armed Forces. Explanation: General Bipin Rawat, who served as the 3. Correct Answer: (d) 2019 country's first Chief of Defence Staff (CDS), was Explanation: The position of the Chief of Defence Staff commemorated with a life-size statue in Dehradun, (CDS) in India was established in 2019. Uttarakhand. LEGALEDGE 7676564400 [email protected] www.toprankers.com 7 Right to Promotion Not a Fundamental Right Why in news? Supreme Court has said that the Constitution is silent on criteria for granting promotion to govt servants and ruled that the legislature and executive are free to decide the norms for promotion keeping in view the nature, functions and requirements of a promotional post. A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra in a recent judgment said, "In India, no govt servant can claim promotion as their right because Constitution does not prescribe criteria for filling seats in promotional posts.” The legislature or the executive may decide the method for filling vacancies to promotional posts based on the nature of employment and the functions that the candidate will be expected to discharge." Legal Framework Article 16(1): Guarantees equal employment opportunities for all citizens concerning any state office or employment. Article 16(4) and 16(4-A): These clauses empower the state to reserve positions in state employment for any backward class that is not adequately represented, ensuring these groups get a fair chance at upward mobility and representation. Notably, the 77th Constitutional Amendment in 1995 was a pivotal change, reintroducing reservation in promotions specifically for Scheduled Castes (SCs) and Scheduled Tribes (STs). This amendment, adding Article 16(4-A), came as a response to the landmark Indra Sawhney judgment, aiming to secure the benefits of promotion for these backward classes. Article 335 supports the need for special measures for SCs and STs in services and posts, aiming to level the playing field. The 82nd Constitutional Amendment Act of 2000 further enhanced this by allowing relaxation in qualifying exam marks for SC/ST members, easing their access to state services and posts. Supreme Court Judgments 1. Ajay Kumar Shukla v. Arvind Rai: The Supreme Court emphasized that while employees have a right to be considered for promotion, they do not have an inherent right to be promoted. The Court held that denial of consideration for promotion could be challenged if it violated the principle of equality of opportunity provided under Article 16. 2. M. Singh vs. Union of India: This case reiterated that eligible candidates have a fundamental right to be considered for promotion. However, actual promotion depends on suitability and merit as assessed by the appropriate authorities. 3. Ashok Kumar Gupta v. State of UP: It was ruled that the right to be considered for promotion is a fundamental right. However, promotion itself is not a guaranteed right but depends on the fulfilment of criteria and the discretion of the appointing authorities. 4. Jarnail Singh vs. Lachhmi Narain Gupta (2018): This judgment represents a significant modification to the Nagaraj ruling. It specifically eliminated the necessity for demonstrating backwardness in the case of Scheduled Castes (SCs) and Scheduled Tribes (STs) when seeking reservations. However, it continues to uphold the requirements that there must be a clear demonstration of the inadequacy of representation of these groups in public services, alongside the imperative to maintain administrative efficiency within these roles. LEGALEDGE 7676564400 [email protected] www.toprankers.com 8  History of Reservation in India Early Initiatives: Communal Award 1932 Proposed by British Prime The concept of reservation Minister Ramsay MacDonald, the in India dates back to pre- Communal Award sought to independence when it was establish separate electorates for introduced by the British various groups including Dalits to address caste and Muslims. Mahatma Gandhi's disabilities and provide strong opposition led to the representation to Poona Pact, which replaced marginalized separate electorates with communities. reserved seats for Dalits in the general electorate. Government of India Act, 1935 The Government of India Act of 1935 legally codified the reservation principle in government employment for the depressed classes. This legislative act formally institutionalized affirmative action to improve access to government jobs for historically marginalized groups, marking a significant step in the struggle for social equality. For example, it allowed for reserved positions in civil services, educational institutions, and legislative bodies, thereby opening up avenues for empowerment and social mobility that were previously inaccessible to many underprivileged individuals. This legislative move was a significant milestone in the long struggle for social equity and set the foundation for future legal frameworks in independent India concerning affirmative action and social justice. Constitution of India Constitutional Provisions: The Constitution of India, adopted in 1950, included several key provisions for the reservation of seats in education, employment, and legislature as a means to correct historical injustices faced by backward communities Article 15(4): Empowers the state to make special provisions for the advancement of any socially and educationally backward classes, Scheduled Castes (SC), and Scheduled Tribes (ST). Article 16(4): Provides for reservation in public employment for groups not adequately represented in the services under the state. Article 330 and 332: Reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies. LEGALEDGE 7676564400 [email protected] www.toprankers.com 9  Commissions First Backward Classes Commission, 1953 (Kalelkar Commission): Recommended reservations in government jobs but was not implemented due to its non-binding nature. Second Backward Classes Commission, 1979 (Mandal Commission): Recommended 27% reservation for Other Backward Classes (OBCs) in government jobs and educational institutions. Implementation in 1990 led to widespread debates and protests across the country. Legislations Indra Sawhney Case, 1992: Supreme Court capped the total reservation quota at 50% and reiterated that the creamy layer (the wealthier sections) of OBCs should be excluded from enjoying reservation benefits. 93rd Constitutional Amendment, 2005: Made provisions for advancement of any socially and educationally backward classes or SC/ST in educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational institutions. Recent Changes Introduction of Economically Weaker Sections (EWS) Reservation, 2019: The Economically Weaker Sections (EWS) Reservation provided a 10% quota in government jobs and educational institutions for individuals from economically disadvantaged backgrounds who do not qualify for existing caste- based reservations. This significant shift was enabled by the 103rd Constitutional Amendment, marking a pivotal expansion of the reservation policy to include not just socially but economically marginalized groups as well. PRACTICE QUESTIONS 1. Which part of the Indian Constitution ensures equality 3. What does the 85th Amendment Act (2001) specifically of opportunity in matters of public employment? introduce for SC/ST candidates in government service? (a) Article 12 (b) Article 14 (a) Consequential Seniority. (b) Quota Reassignment (c) Article 16 (d) Article 19 (c) Initial Appointment. (d) Merit Adjustment 2. Which Supreme Court case modified the Nagaraj ruling 4. What percentage of reservation was introduced for regarding the criteria for reservation in promotions for Economically Weaker Sections (EWS) under the 103rd SCs and STs? Constitutional Amendment? (a) M. Singh vs. Union of India (a) 5% (b) 10% (b) Ajay Kumar Shukla v. Arvind Rai (c) 15% (d) 20% (c) Ashok Kumar Gupta v. State of UP (d) Jarnail Singh vs. Lachhmi Narain Gupta LEGALEDGE 7676564400 [email protected] www.toprankers.com 10 5. Which presidency implemented a reservation policy for various backward classes in 1921? (a) Bombay Presidency (b) Bengal Presidency (c) Punjab Presidency (d) Madras Presidency ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) Article 16 3. Correct Answer: (a) Consequential Seniority Explanation: Article 16 of the Indian Constitution Explanation: The 85th Amendment Act of 2001 specifically ensures equality of opportunity for all introduced the concept of "consequential seniority" for citizens in matters relating to employment or SC/ST candidates promoted through reservations in appointment to any office under the State. This government services. This means that when SC/ST provision is central to promoting non-discrimination candidates are promoted due to reservation policies, and equal treatment in public employment. their seniority is preserved at their new level of promotion as if they had been promoted on the same 2. Correct Answer: (d) Jarnail Singh vs. Lachhmi Narain day as their counterparts not under reservation. Gupta Explanation: The Supreme Court case Jarnail Singh vs. 4. Correct Answer: (b) 10% Lachhmi Narain Gupta (2018) modified the previous Explanation: The 103rd Constitutional Amendment Nagaraj ruling concerning the reservation in promotions introduced a 10% reservation for Economically Weaker for SCs and STs. The modification involved removing the Sections (EWS) in educational institutions and requirement for demonstrating backwardness for SCs government jobs. and STs while still requiring the state to demonstrate the inadequacy of representation and maintenance of 5. Correct Answer: (d) Madras Presidency efficiency in the services. Explanation: The Madras Presidency implemented a reservation policy that included various backward classes in 1921. LEGALEDGE 7676564400 [email protected] www.toprankers.com 11 Personality Rights Why in news? In India, actors such as Rajinikanth, Anil Kapoor and Jackie Shroff have approached the courts over “personality rights”. Personality rights or publicity rights are a subset of “celebrity rights” claimed by celebrities. The name, voice, signature, images, or any other feature easily identified by the public as markers of a celebrity’s personality lie at the heart of personality rights. These could include poses, mannerisms, or any other distinct aspect of their public persona. What are Personality Rights Personality rights refer to the rights of an individual to control the commercial use of their identity, which includes their name, image, likeness, voice, and other personal attributes. These rights protect individuals from unauthorized exploitation and ensure their persona is not used for commercial gain without consent. Twofold Aspects of Personality Rights Right of Publicity: Right to Privacy: This right allows individuals to prevent This encompasses the individual's right to unauthorised commercial use of their keep their personal life and identity from identity. It ensures that celebrities can public exposure without consent, control and monetize their public ensuring that personal information persona. remains private unless voluntarily shared. Legal Framework in India Constitutional Provisions: The right to privacy is protected under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The landmark case of Justice K.S. Puttaswamy (Retd.) vs. Union of India elevated privacy to the status of a fundamental right, thereby providing a constitutional basis for personality rights​​. Statutory Provisions Copyright Act, 1957: Section 14: Provides moral rights to authors and performers, which include the right to be identified as the author and to prevent any distortion, mutilation, or other modifications that would be prejudicial to their honor or reputation. Passing Off: The Act indirectly protects personality rights through the doctrine of passing off, where unauthorized use of a celebrity's persona for commercial gain can be restrained​​. Trademarks Act, 1999: Section 14: Restricts the use of personal names and representations without consent. This can be used to protect the names and likenesses of celebrities from unauthorized commercial use​. Recent Cases Jackie Shroff Case: In 2024, the Delhi High Court issued an interim order protecting the personality rights of Bollywood actor Jackie Shroff. The court restrained various entities from using Shroff’s name, image, voice, and persona without consent, including unauthorised AI chatbots and GIF-makers. This case highlighted the growing concerns over AI and digital media infringing on personality rights​. Amitabh Bachchan Case: The Delhi High Court restrained unauthorised use of Amitabh Bachchan’s name, image, and voice, setting a significant precedent for protecting celebrity rights in India. Anil Kapoor Case: Similarly, Anil Kapoor was granted interim relief against unauthorised commercial exploitation of his persona, reinforcing the legal stance on personality rights​. LEGALEDGE 7676564400 [email protected] www.toprankers.com 12  Scarlett Johansson’s Case Against OpenAI About the Case Scarlett Johansson, a renowned actress, has recently been involved in a high-profile legal dispute with OpenAI over the use of a voice in their AI chatbot that she claims closely mimics her own. This case highlights significant issues surrounding personality rights, AI ethics, and the protection of celebrity identities in the digital age. Johansson alleged that OpenAI's new AI voice assistant, named "Sky," closely resembles her voice, which she did not authorize. This voice was used despite Johansson declining an offer from OpenAI to officially voice their AI assistant​​ Scarlett Johansson Key Details Response from OpenAI OpenAI has stated that the voice was created by a different actor and was never intended to mimic Johansson's voice. However, Johansson's legal team argues that the similarities are undeniable and constitute a violation of her personality rights​.​ Legal and Ethical Implications: The case raises important questions about the extent to which AI can replicate human voices and the legal protections required to safeguard against unauthorized use of personal attributes. This includes potential implications for copyright law, intellectual property, and the ethical use of AI technology​. Johansson's legal action seeks not only to stop the use of the voice but also to set a precedent for how AI companies should approach the use of celebrity likenesses and voices without explicit consent​. Broader Impact: This dispute is part of a larger conversation about the rights of individuals, particularly celebrities, in the face of rapidly advancing AI technologies. It emphasizes the need for clear legal frameworks to protect personal and publicity rights in the digital era. LEGALEDGE 7676564400 [email protected] www.toprankers.com 13  PRACTICE QUESTIONS 1. In which case did the Supreme Court affirm the right to (a) Article 14 (b) Article 10 privacy in 2017? (c) Article 17 (d) Article 21 (a) Kesavananda Bharati v State of Kerala (b) Maneka Gandhi v Union of India Whose case was involved in the 2010 Delhi High Court (c) Puttaswamy v Union of India decision of D.M. Entertainment Pvt. Ltd. vs. Baby Gift (d) S.R. Bommai v Union of India House? 4. (a) Shah Rukh Khan (b) A.R. Rahman 2. Which act provides tangential protection to personality (c) Lata Mangeshkar (d) Daler Mehndi rights through concepts like "passing off" and "deception"? Which section of the Indian Trademarks Act, 1999, (a) The Copyright Act, 1957 restricts the use of individual names and (b) The Trade Marks Act, 1999 representations? (c) The Patents Act, 1970 5. (a) Section 10 (b) Section 12 (d) The Designs Act, 2000 (c) Section 14 (d) Section 16 3. Which article of the Indian Constitution offers the closest legal protection to personality rights through the right to privacy? ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) Puttaswamy v Union of India This article guarantees the protection of life and Explanation: The Supreme Court of India affirmed the personal liberty, which has been interpreted to include right to privacy in the landmark judgement of the right to privacy, providing a legal framework for Puttaswamy v Union of India in 2017. This case safeguarding individual personality rights in India. recognized privacy as a fundamental right protected under the Constitution, emphasizing the individual's 4. Correct Answer: (d) Daler Mehndi control over their personal information and Explanation: The case of D.M. Entertainment Pvt. Ltd. vs. safeguarding against unauthorized intrusion into Baby Gift House involved Daler Mehndi. The Delhi High private life. Court ruled in favor of Mehndi's company, upholding his right to control his public image commercially. The case 2. Correct Answer: (a) The Copyright Act, 1957 centered around shops selling dolls that mimicked Explanation: The Copyright Act, 1957, while not directly Mehndi's appearance and sang his songs without addressing personality rights, offers some tangential authorization. protection through concepts like "passing off" and "deception" in Intellectual Property Rights (IPR) cases. 5. Correct Answer: (c) Section 14 These concepts help protect individuals from Explanation: Section 14 of the Indian Trademarks Act, unauthorized use of their names or images, especially in 1999, restricts the use of individual names and ways that could mislead the public or harm their representations. This section is designed to protect reputation. individuals from unauthorized use of their names and likenesses, ensuring that their personal and commercial 3. Correct Answer: (d) Article 21 rights are not violated by third parties. Explanation: Article 21 of the Indian Constitution offers the closest legal protection to personality rights through the right to privacy. LEGALEDGE 7676564400 [email protected] www.toprankers.com 14 Supreme Court Mandates Self-Declaration by Advertisers (legal) Why in news? In a significant move to enhance transparency and protect consumers, the Supreme Court of India has mandated that all advertisers and advertising agencies must submit a 'Self-Declaration Certificate' prior to the publication or broadcast of any advertisement. This new regulation is set to take effect on 18th June 2024 and is applicable to all forms of advertisements released on or after this date. Objective of the New Rule The primary goal of this directive is to promote responsible advertising by ensuring that all advertisements adhere to strict compliance with regulatory guidelines. This includes adherence to Rule 7 of the Cable Television Networks (CTN) Rules, 1994, and the Norms of Journalistic Conduct established by the Press Council of India. Guidelines for Compliance Rule 7 of the CTN Rules specifies that advertisements must not only comply with Indian laws but also respect the morality, decency, and religious sensitivities of the audience. To ensure compliance, advertisers are required to obtain and submit a certificate signed by an authorized representative. This certificate should confirm that the advertisement meets all necessary legal and ethical standards. Submission Process For television and radio advertisements, the Self-Declaration Certificate must be submitted through the Broadcast Seva Portal. For print and digital media advertisements, submission should be made via the Press Council of India portal. Furthermore, advertisers are responsible for providing proof of this submission to the broadcaster, printer, publisher, or electronic media platform involved, maintaining a record for future reference. Impact on the Advertising Industry These new regulations will necessitate a more careful review and verification process by advertisers before airing or publishing content, ensuring that all material is in full compliance with the established legal framework. This step is expected to foster a more trustworthy and consumer-friendly advertising environment across various media platforms. Press Council of India The Press Council of India is a statutory body in India that governs the conduct of the print media. It was established in 1966 by the Press Council Act of 1978, primarily to maintain the freedom of the press and improve the standards of newspapers and news agencies in India. Objective: The Press Council of India (PCI) is dedicated to safeguarding press freedom and enhancing the quality of newspapers and news agencies throughout the country. Structure: The PCI is comprised of a chairman along with 28 additional members. The selection of the Chairman is conducted jointly by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha, and one member who is elected by the PCI itself. Justice Ranjana Prakash Desai LEGALEDGE 7676564400 [email protected] www.toprankers.com 15  PRACTICE QUESTIONS 1. Which organization provides the Norms of Journalistic (a) Rule 5 (b) Rule 7 Conduct that advertisements must comply with (c) Rule 9 (d) Rule 11 according to the Supreme Court's order? (a) Indian Broadcasting Foundation 4. Who is the Chief Commissioner of the Central Consumer (b) Advertising Standards Council of India Protection Authority (CCPA) as of 2024? (c) Press Council of India (a) Nidhi Khare (b) Rajesh Bhushan (d) Ministry of Information and Broadcasting (c) Sanjay Verma (d) Sunil Kumar 2. Where can a certificate signed by an authorised 5. Under which section of the Consumer Protection Act, representative of the advertiser be submitted for 2019, was the Central Consumer Protection Authority TV/Radio advertisements? (CCPA) set up? (a) Broadcast Seva Portal (a) Section 5(1) (b) Section 8(1) (b) Advertising Standards Portal (c) Section 10(1) (d) Section 12(1) (c) Press Council of India Portal (d) Information and Broadcasting Portal 3. Which rule in the Cable Television Networks (CTN) Rules, 1994, must advertisements comply with according to the Supreme Court mandate? ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) Press Council of India 4. Correct Answer: (a) Nidhi Khare Explanation: Advertisements must comply with the Explanation: Nidhi Khare is the Chief Commissioner of Norms of Journalistic Conduct of the Press Council of the Central Consumer Protection Authority (CCPA) as of India as per the Supreme Court's order. 2024. 2. Correct Answer: (a) Broadcast Seva Portal 5. Correct Answer: (c) Section 10(1) Explanation: A certificate signed by an authorised Explanation: The Central Consumer Protection Authority representative of the advertiser can be submitted in the (CCPA) was set up under Section 10(1) of the Consumer Broadcast Seva Portal for TV/Radio advertisements. Protection Act, 2019, to address matters affecting the rights of consumers, including improper trade practices 3. Correct Answer: (b) Rule 7 and misleading advertisements. Explanation: Rule 7 of the Cable Television Networks (CTN) Rules, 1994, provides that advertisements must comply with Indian laws and avoid offending the morality, decency, and religious sensitivities of viewers. LEGALEDGE 7676564400 [email protected] www.toprankers.com 16 General Election 2024 Why in news? The 2024 Indian General Election was held from April 19 to June 1, 2024, to elect members of the 18th Lok Sabha. The voter turnout was remarkably high, with 642 million voters participating, including a significant increase in women's participation, making it the highest ever. 18th Lok Sabha Elections Election Results Bharatiya Janata Party (BJP): The BJP won 240 seats, down from 303 seats in the 2019 elections, necessitating coalition support to form the government. National Democratic Alliance (NDA): The NDA, led by BJP, secured a total of 293 seats in the 543-member Lok Sabha. Indian National Developmental Inclusive Alliance (INDIA): The opposition coalition, led by the Indian National Congress (INC), secured 234 seats, with the Congress winning 99 seats. NDA Coalition: Due to falling short of a majority, BJP formed a coalition government with key allies, including the Telugu Desam Party (TDP) and Janata Dal (United) (JD(U)). Leadership: Narendra Modi was re-elected as the leader of the NDA, Voting system: First past setting the stage for his third consecutive term as Prime Minister. the post First election: 25 Oct 1951 Key Highlights – 21 Feb 1952 Observations: In the 2024 general elections, India elected 74 female Members of Parliament Last election: 19 April – 1 (MPs) to the Lok Sabha, which is a decrease of four from the 201an increase of June 2024 52 compared to the first elections held in 1952. These 74 women constitute 13.63% of the total elected members in the Lower House, which contrasts with higher percentages in other countries such as 46% in Did South Africa, 35% in the UK, and 29% in the US. You Historic Result: For the first time since 1962, a government has been re-elected for a third Know consecutive term after a decade in power. Narendra Modi will This outcome marks the end of single-party rule and ushers in the era of a genuine begin his third term coalition government at the Centre. as Prime Minister, A coalition government forms when multiple political parties collaborate to becoming the second establish and run a government, usually agreeing on a joint program. person after This typically happens in parliamentary systems where no single party achieves a Jawaharlal Nehru to clear majority. achieve this If several parties that together hold a majority can align on a common agenda milestone. without significant policy compromises, they are able to create a government. LEGALEDGE 7676564400 [email protected] www.toprankers.com 17 Other Notable Events from the Polls Lok Sabha constituency in Indore, Madhya Pradesh saw a remarkable outcome, with the NOTA (None of the Above) option receiving over 2 lakh votes, making it the highest ever for NOTA in any constituency. NOTA is a voting option on ballots and Electronic Voting Machines (EVMs) that allows voters to indicate disapproval of all contesting candidates without choosing any of them. It empowers the electors to express their negative opinions and a lack of support for the contenders. It gives voters the right to reject all candidates while maintaining the secrecy of their decision. Background of NOTA In its 170th Report in 1999, the Law Commission explored the concept of negative voting alongside a 50%+1 voting system, but practical challenges led to no final recommendations on the matter. In September 2013, the Supreme Court directed the Election Commission of India (ECI) to introduce the NOTA option as a measure to safeguard the secrecy of voters' choices. The People’s Union for Civil Liberties (PUCL) had approached the Supreme Court in 2013, seeking measures to protect the 'right to secrecy' of voters. They argued that the Conduct of Elections Rules, 1961 violated the secrecy aspect as the Presiding Officer (from the ECI) maintained a record of voters who chose not to vote, along with their signatures or thumb impressions. NOTA was used for the first time in the 2013 Assembly elections in five states of Chhattisgarh, Mizoram, Rajasthan, Delhi, and Madhya Pradesh and later in the 2014 General Elections. It was introduced into the electoral process following the 2013 Supreme Court directive in the PUCL vs. Union of India Case. Implications of NOTA The Election Commission of India clarified that votes cast as NOTA are counted, but are considered ‘invalid votes’. Even if NOTA votes get the most number of votes in a constituency, the next candidate with the second-most number of votes is declared the winner. Therefore, votes made to NOTA do not change the outcome of an election. However, the Supreme Court is considering a petition seeking guidelines/rules for situations where NOTA receives the most votes, including the possibility of nullifying the election and holding fresh polls. Some states and union territories, such as Maharashtra, Haryana, and Puducherry, have already declared NOTA as a "Fictional Electoral Candidate", where fresh elections are held if NOTA gets the majority of votes. PRACTICE QUESTIONS 1. How many total seats did the National Democratic (c) 2014 (d) 2019 Alliance (NDA) secure in the 543-member Lok Sabha in 2024? 4. How many women MPs were elected to the Lok Sabha in (a) 270 (b) 280 the 2024 general election in India? (c) 293 (d) 300 (a) 50 (b) 74 (c) 90 (d) 100 2. Which key allies did the BJP form a coalition government with in 2024? 5. Which opposition coalition, led by the Indian National (a) Shiv Sena and AIADMK Congress (INC), secured 234 seats in the 2024 Indian (b) Telugu Desam Party (TDP) and Janata Dal (United) General Election? (JD(U)) (a) United Progressive Alliance (UPA) (c) Samajwadi Party and Bahujan Samaj Party (b) Left Democratic Front (d) Trinamool Congress and Biju Janata Dal (c) National Front (d) Indian National Developmental Inclusive Alliance 3. When was the "None Of The Above" (NOTA) option (INDIA) introduced for the first time in the general elections? (a) 2009 (b) 2012 LEGALEDGE 7676564400 [email protected] www.toprankers.com 18  ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (c) 293 4. Correct Answer: (b) 74 Explanation: The National Democratic Alliance (NDA), Explanation: In the 2024 general election, India elected led by BJP, secured a total of 293 seats in the 543- 74 women MPs to the Lok Sabha. This was four less than member Lok Sabha. in the 2019 elections but represented a significant increase from the 22 women MPs elected in India’s first 2. Correct Answer: (b) Telugu Desam Party (TDP) and elections in 1952. Janata Dal (United) (JD(U)) Explanation: The BJP formed a coalition government 5. Correct Answer: (d) Indian National Developmental with key allies, including the Telugu Desam Party (TDP) Inclusive Alliance (INDIA) and Janata Dal (United) (JD(U)). Explanation: The opposition coalition, led by the Indian National Congress (INC), secured 234 seats and is known 3. Correct Answer: (c) 2014 as the Indian National Developmental Inclusive Alliance Explanation: The "None Of The Above" (NOTA) option (INDIA). was introduced for the first time in the general elections in 2014, allowing voters to express dissatisfaction with all candidates contesting an election. LEGALEDGE 7676564400 [email protected] www.toprankers.com 19 CIC Jurisdiction over MPLADS Funds Why in news? The Central Information Commission (CIC) has clarified that it holds jurisdiction over the Members of Parliament Local Area Development Scheme (MPLADS) funds. This decision ensures greater transparency and accountability in the utilisation of these funds. About MPLADS: Purpose: MPLADS allows Members of Parliament (MPs) to recommend developmental work in their constituencies with an emphasis on creating durable community assets based on locally felt needs. Funding: Each MP is allocated a certain amount of money (currently ₹5 crore per year) to be utilised for various development projects in their constituency. CIC's Jurisdiction: Transparency and Accountability: The CIC's ruling mandates that information regarding the expenditure and implementation of MPLADS funds must be accessible to the public. This move is aimed at promoting transparency and preventing the misuse of allocated funds. Right to Information (RTI): By bringing MPLADS under the purview of the RTI Act, the CIC ensures that citizens can seek detailed information about the projects undertaken, expenditure incurred, and the outcomes achieved. Establishment: 2th October 2005 Formed By: Created under the Right to Information Act, 2005. Principal Place of Sitting: New Delhi, India Commission: One Chief Information Commissioner and up to ten Information Commissioners. Appointment Power and Functions Appointment: The Commissioners are Receive and Inquire: The CIC receives and appointed by the President of India based on a inquires into complaints from persons who have recommendation by a committee consisting of been unable to submit requests for information the Prime Minister as Chairperson, the Leader of to a Central Public Information Officer or State the Opposition in the Lok Sabha, and a Union Public Information Officer due to a refusal of Cabinet Minister nominated by the Prime their requests. Minister. Reporting: The Commission submits an annual Tenure: Commissioners serve for a term of five report to the Government of India on the years or until they reach the age of 65, whichever implementation of the provisions of the RTI Act. is earlier. Appointment Direct Provision of Information: The CIC has the power to require any public authority to provide information under its control. Imposition of Penalties: It can impose penalties on errant Central Public Information Officers under Section 20 of the RTI Act. LEGALEDGE 7676564400 [email protected] www.toprankers.com 20  PRACTICE QUESTIONS 1. Under which act does the CIC bring MPLADS for 4. Which part of the Indian Constitution is violated by the oversight? MPLADS according to critics who cite the encroachment (a) Consumer Protection Act upon the domain of local self-governing institutions? (b) Right to Information Act (a) Part VI (b) Part VII (c) Prevention of Corruption Act (c) Part IX (d) Part X (d) Lokpal and Lokayuktas Act In which year was the Members of Parliament Local Area 2. Which ministry currently administers the Members of Development Scheme (MPLADS) started? Parliament Local Area Development Scheme (MPLADS)? 5. (a) 1990 (b) 1993 (a) Ministry of Finance (c) 1996 (d) 1999 (b) Ministry of Rural Development (c) Ministry of Statistics and Implementation (d) Ministry of Urban Development 3. When was the Central Information Commission (CIC) established? (a) 2003 (b) 2004 (c) 2005 (d) 2006 ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (b) Right to Information Act 4. Correct Answer: (c) Part IX Explanation: By bringing MPLADS under the purview of Explanation: Critics argue that the Members of Parliament the Right to Information Act, the CIC ensures that citizens Local Area Development Scheme (MPLADS) breaches the can seek detailed information about the projects federal structure by infringing upon the functions of local undertaken, the expenditure incurred, and the outcomes self-governing institutions, violating principles laid out in achieved. Part IX and IX-A of the Indian Constitution. These parts specifically deal with the Panchayats and Municipalities 2. Correct Answer: (c) Ministry of Statistics and respectively, outlining the framework for decentralized Implementation local governance. Explanation: The MPLADS scheme, initially administered by the Ministry of Rural Development, is now 5. Correct Answer: (b) 1993 administered by the Ministry of Statistics and Explanation: The MPLADS was formulated by the Implementation. This change reflects the scheme's broad Government of India on 23 December 1993. It allows application and the need for precise monitoring and members of Parliament to recommend developmental statistical analysis of its outcomes. work in their constituencies, with an emphasis on creating durable community assets based on locally felt 3. Correct Answer: (c) 2005 needs. Explanation: The Central Information Commission (CIC) was established in 2005 under the Right to Information Act. This body oversees access to information held by public authorities, enhancing transparency and accountability in the functioning of the government. LEGALEDGE 7676564400 [email protected] www.toprankers.com 21 Power of ECI to Deregister Political Party Why in news? The Election Commission of India (ECI) in its report on enforcement of Model Code of Conduct (MCC) has stated that it expects star Powers of the campaigners to lead by example and not vitiate the fabric of society. Election This has raised a debate about ECI powers to rein in MCC violations. Commission of Types of Political Parties in India India Types of Party: One Party (China), Two Party (USA), Multi- Superintendence, Direction, Party (India) 1 and Control of Elections National Parties: These are parties that meet certain criteria set by the Election Commission of India (ECI) and have a The ECI has the power to conduct, presence on a national scale. control, and supervise all elections to State Parties: Also known as regional parties, these operate at the Parliament and state legislatures the state level and must meet a different set of criteria for and to the offices of the President and recognition by the ECI. Vice President. At present, there are six ‘national’ parties, and sixty-one ‘State’ parties that have been recognised. Recognition and Derecognition of Political Parties 2 Election Scheduling Criteria for Recognition as a National Party A party must secure at least 6% of the valid votes polled in any The ECI decides the schedules and four or more states at a general election to the Lok Sabha or timetables for elections and controls state legislative assembly and, in addition, it must win at least the electoral roll and registration four seats in the Lok Sabha from any state or states. process. Alternatively, a party that wins 2% of seats in the Lok Sabha (11 seats in the 2021 Lok Sabha) from at least three different states also qualifies. 3 Code of Conduct Enforcement Criteria for Recognition as a State Party A party must secure at least 6% of the valid votes polled during The ECI enforces the Model Code of a general election to the legislative assembly of the state and Conduct to ensure fair elections. win at least two seats in that assembly. Winning at least 3% of the total number of seats or a minimum Advisory Jurisdiction and of three seats, whichever is more, in the legislative assembly. 4 Quasi-Judicial Functions Derecognition: Parties can lose their recognized status based on their The ECI can advise the President or performance in subsequent elections if they fail to meet these the Governor on matters concerning criteria. disqualifications of MPs or MLAs and Registration and Deregistration of Political Parties also act in a quasi-judicial capacity Registration resolving disputes related to electoral Political parties are required to register with the Election arrangements. Commission of India under Section 29A of the Representation of the People Act, 1951. The application for registration must be made with the necessary documents, including the party's constitution, details of the party executives, and a sworn affidavit. Deregistration The ECI currently does not have explicit powers to deregister a political party once it is recognized. However, a party's recognition can be withdrawn if it fails to meet the necessary criteria in subsequent elections. LEGALEDGE 7676564400 [email protected] www.toprankers.com 22  Legal frameworks governing Political Parties and Elections in India Constitutional Provisions Specific Rules and Regulations Article 324: Empowers the Election Commission Conduct of Elections Rules, 1961: of India with the responsibility to superintend, Rule 49: Use of voting machines at elections. direct, and control the conduct of elections. Rule 66: Counting of votes. Article 325: Prohibits discrimination in electoral Rule 92: Maintenance and custody of ballot boxes after the poll. rolls on grounds of religion, race, caste, or sex. Model Code of Conduct: Article 326: Grants the right to vote to every A set of guidelines issued by the Election citizen above the age of 18, unless disqualified by Commission that comes into effect from the law. announcement of the election schedule until the conclusion of elections, governing the conduct of political parties and candidates. Statutory Laws Representation of the People Act, 1950: Delimitation Commission Act, 1952: Section 3: Delimitation of Constituencies. Outlines the framework for the Delimitation Section 23: Revision of electoral rolls. Commission, which is responsible for redrawing the Section 30: Notice of elections. boundaries of constituencies based on demographic Representation of the People Act, 1951: changes reflected in the census. Section 8: Disqualification on conviction for certain Election Symbols (Reservation and Allotment) offences. Order, 1968: Section 11A: Grounds for challenging an election. Details the procedures for the reservation and Section 29A: Registration of political parties. allotment of election symbols to political parties and Section 77: Account of election expenses and independent candidates. maximum limits. Section 123: Defining corrupt practices. Election Commission Guidelines Other Relevant Laws These include various procedural instructions issued Income Tax Act, 1961: from time to time to handle technological, ethical, and Section 13A: Provides tax exemptions to political logistical aspects of conducting elections. The parties subject to certain conditions like maintaining guidelines cover the deployment and use of electronic books of accounts and other documents as may be voting machines (EVMs), Voter Verifiable Paper Audit prescribed. Trail (VVPAT) systems, the conduct of polling Foreign Contribution (Regulation) Act, 2010: personnel, and voter education campaigns. Section 3: Prohibits political parties from accepting foreign contributions. LEGALEDGE 7676564400 [email protected] www.toprankers.com 23  PRACTICE QUESTIONS 1. Which section of the Representation of the People Act, (a) Winning 10% of seats (b) 6% of votes and two seats 1951, outlines the requirements for the registration of a (c) Winning 5% of seats (d) Winning one seat political party with the Election Commission of India? (a) Section 29A (b) Section 24 (c) Section 32 (d) Section 11 4. Which article of the Indian Constitution grants the right to vote to every citizen above the age of 18, unless 2. In which Supreme Court case was it held that the disqualified by law? Election Commission of India does not have the (a) Article 324 (b) Article 325 authority to deregister a political party under the (c) Article 326 (d) Article 327 Representation of the People Act? (a) Indian National Congress vs Institute of Social 5. Who proposed the National Electoral Fund as an Welfare, 2002 alternative to state funding, aimed at allowing (b) BJP vs Union of India, 1999 contributions from all donors and distributing these (c) AAP vs ECI, 2010 funds based on election results? (d) CPI(M) vs Bharat Govt, 2005 (a) T.S. Krishnamurthy (b) N. Gopalaswami (c) S.Y. Quraishi (d) A.K. Joti 3. Which of the following is a requirement for a political party to gain recognition as a state party in India? ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (a) Section 29A This requirement ensures that the party has substantial Explanation: Section 29A of the Representation of the support and representation in the state, contributing to a People Act, 1951, specifically addresses the requirements more democratic and representative political process at for registration of a political party with the Election the state level. Commission of India (ECI). According to this section, any party seeking registration must submit a copy of its 4. Correct Answer: (c) Article 326 constitution, affirm its commitment to the Constitution of Explanation: Article 326 of the Indian Constitution is India. pivotal in establishing the democratic right to vote. It grants this right to every citizen of India who is above the 2. Correct Answer: (a) Indian National Congress vs Institute age of 18, barring those disqualified by law for certain of Social Welfare, 2002 reasons. Explanation: The case of the Indian National Congress vs the Institute of Social Welfare, 2002, is significant as it 5. Correct Answer: (a) T.S. Krishnamurthy established that the Election Commission of India (ECI) Explanation: T.S. Krishnamurthy, a former Chief Election does not have the power to deregister any political party Commissioner, proposed the idea of the National Electoral under the provisions of the Representation of the People Fund. This initiative was suggested as an alternative to Act. direct state funding of political parties. The fund would allow contributions from various donors and allocate 3. Correct Answer: (b) 6% of votes and two seats these funds to political parties based on their Explanation: For a political party to be recognized as a performance in elections, with the aim of discouraging state party in India, it must secure at least 6% of the valid political inactivity and ensuring a more active votes polled during the general election to the legislative participation in the democratic process. assembly of the state and win at least two seats. LEGALEDGE 7676564400 [email protected] www.toprankers.com 24 National Testing Agency and NEET Exam Why in news? The National Testing Agency (NTA) announced the results for the NEET UG exam, highlighting an unexpected surge in candidates achieving the maximum score of 720/720, along with a notable number of scores closely trailing at 718 or 719. The National Medical Commission (NMC) plays a crucial role in establishing policies aimed at upholding high quality and standards in medical education and is tasked with creating essential regulations in this area. About NTA Key Features The National Testing Agency (NTA) is an autonomous and self-sustained testing organization established by the Government of India to conduct entrance examinations for higher educational institutions. Establishment Founded: November 2017 Purpose: To enhance the quality and fairness of the assessment processes in the education system. Objective: To conduct efficient, transparent tests to assess the competency of candidates for admission to premier higher education institutions. Key Aspects Organizational Structure Governing Body: Overseen by a Governing Council led by the Union Minister of Education. Composition: Includes experts from the education sector, representatives from user institutions, and government officials. Director-General: The chief executive officer, responsible for the day-to-day operations and management of the agency. Functions 1. Conducting Examinations: NTA is responsible for organizing entrance exams such as JEE (Main), NEET-UG, NET, and other exams that were previously conducted by the CBSE and other bodies. 2. Standardizing Testing: The agency aims to bring high reliability in the examination process through standardized testing methods. 3. Research and Development: NTA engages in research to improve its testing tools and methodologies. 4. Accessibility and Flexibility: It focuses on making exams more accessible to students, including those from rural areas, and offers multiple dates for taking tests. LEGALEDGE 7676564400 [email protected] www.toprankers.com 25  Background of National Eligibility cum Entrance Test Establishment NEET, or the National Eligibility cum Entrance Test, is a standardized pre-medical test in India, mandatory for students seeking undergraduate admissions into medical (MBBS), dental (BDS), and equivalent AYUSH (BAMS, BHMS, etc.) courses in Indian medical/dental colleges. First Implemented: Originally introduced in 2013, NEET replaced various separate medical entrance exams across the country. Purpose: To streamline the admission process into medical courses and ensure a more standardized assessment of candidates nationwide. Key Features Administration Conducting Body: Administered by the National Testing Agency (NTA) as of 2019. Frequency: Conducted annually. Eligibility Criteria Academic Qualifications: Candidates must have passed Physics, Chemistry, Biology/Biotechnology, and English as core subjects in their qualifying examinations (12th grade or equivalent). Age Limit: Minimum age limit is 17 years at the time of admission. Nationality: Open to Indian Nationals, NRIs, OCIs, PIOs, and Foreign Candidates. PRACTICE QUESTIONS 1. Which organization is responsible for conducting the 4. What position does the Chief Executive Officer (CEO) hold NEET exam? in the National Testing Agency (NTA)? (a) NTA (b) CBSE (a) Director-General (c) AICTE (d) UGC (b) Executive Director (c) Managing Director 2. What subjects are included in the NEET exam? (d) Chief Operating Officer (a) Maths, Physics, Chemistry (b) Physics, Chemistry, Biology 5. Which organization originally proposed the concept of (c) History, Geography, Civics NEET? (d) Economics, Accountancy, Business Studies (a) Indian Medical Association (b) National Medical Commission 3. In what year was the National Testing Agency (NTA) (c) Medical Council of India established? (d) National Testing Agency (a) 2016 (b) 2017 (c) 2018 (d) 2019 LEGALEDGE 7676564400 [email protected] www.toprankers.com 26  ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (a) NTA 4. Correct Answer: (a) Director-General Explanation: The National Eligibility-cum-Entrance Test Explanation: In the National Testing Agency (NTA), the (Undergraduate), abbreviated as NEET (UG), is an Indian Chief Executive Officer (CEO) holds the position of nationwide entrance examination conducted by the Director-General. This role is appointed directly by the National Testing Agency (NTA) for admission in government, ensuring that the CEO has the authority and undergraduate medical programs. responsibility to manage the agency's operations effectively. 2. Correct Answer: (b) Physics, Chemistry, Biology Explanation: The NEET exam covers three subjects: 5. Correct Answer: (c) Medical Council of India Physics, Chemistry, and Biology (Botany and Zoology). Explanation: The Medical Council of India (MCI), which has since been replaced by the National Medical 3. Correct Answer: (c) 2018 Commission, originally mooted the concept of the Explanation: The National Testing Agency (NTA) was National Eligibility Entrance Test (NEET) in 2009. The established in 2018 as an autonomous and self-sustained MCI was responsible for setting standards in medical testing organization tasked with conducting entrance education, which included proposing standardized examinations for higher educational institutions. This entrance tests like NEET. establishment was part of efforts to standardize and improve the quality and reliability of exams administered across India. LEGALEDGE 7676564400 [email protected] www.toprankers.com 27 Role of the Speaker in the Indian Parliament Why in news? The Speaker of the Lok Sabha holds a pivotal role in ensuring the smooth functioning of the Indian Parliament's lower house. The office of the Speaker is rooted in the British parliamentary system and has evolved to suit the Indian context. The Speaker is entrusted with numerous responsibilities that are critical to maintaining the decorum, order, and effectiveness of parliamentary proceedings. Appointment Election: The Speaker is elected by the members of the Lok Sabha immediately after a new House is formed following general elections. Eligibility: Any member of the Lok Sabha can be nominated for the role of the Speaker. Voting Process: The election is usually conducted by secret ballot, ensuring the selection reflects the majority decision of the members. Key Powers Presiding Officer: The Speaker presides over the daily sessions of the Lok Sabha, ensuring proceedings are carried out in accordance with the rules of procedure. Maintaining Order: Has the authority to discipline members for unruly behavior and can ensure decorum in the House. Deciding Authority: The Speaker decides on all procedural matters, including whether a bill is a money bill, which has significant implications for its passage. Casting Vote: In case of a tie in votes on any matter, the Speaker exercises a casting vote to resolve the deadlock. Functions Legislative Role: Facilitates debate and allows members to express their views, while also ensuring that discussions remain relevant and within the scope of the law. Guardian of Rights and Privileges: Acts as the guardian of the rights and privileges of the members of the Lok Sabha. Administrative Role: Oversees the administrative functions of the Lok Sabha, which includes managing the staff, budget, and infrastructure of the House. Committee Roles Chairperson of the Lok Sabha: By default, the Speaker serves as the chairperson of all Lok Sabha committees, including the Business Advisory Committee and the General Purpose Committee. Appointing Committee Members: Has the power to appoint the chairpersons of various parliamentary committees and oversee their functioning. Inter-Parliamentary Affairs: The Speaker plays a crucial role in strengthening India’s relations with parliaments of other countries and in various inter-parliamentary forums. LEGALEDGE 7676564400 [email protected] www.toprankers.com 28 Historical Context Origins and Evolution: The role of the Speaker was introduced by the Government of India Act of 1919, and the first Indian Speaker was Vithalbhai Patel. Over time, the role has expanded and adapted to meet the needs of the Indian parliamentary system​. First Speaker of Independent India: Ganesh Vasudev Mavalankar served as the first Speaker of the Lok Sabha from 1952 to 1956​. Speaker's Authority: The Speaker's decisions on procedural matters are final and cannot be challenged within the house, ensuring that parliamentary procedures are followed correctly and efficiently​. Role in Legislation: The Speaker plays a crucial role in facilitating discussions on legislative matters, ensuring that all viewpoints are considered before passing laws​. SPEAKER OF THE LOK SABHA CHAIRMAN OF THE RAJYA SABHA Election: The Speaker is elected by Lok Election: The Vice President of India Sabha members. serves as the ex-officio Chairman. Role: Maintains order and oversees Role: Presides over Rajya Sabha proceedings in the Lok Sabha. sessions but is not a member. Authority on Rules: Acts as the ultimate Authority on Rules: Shares similar authority on procedure and parliamentary powers to the Speaker, except in the norms. case of money bills where they have less authority. Voting: Votes only to break ties. Voting: Not applicable as the Chairman Bills: Decides and certifies whether a does not vote. bill is a money bill, and this certification Bills: Does not have authority to decide is conclusive. on money bills. Joint Sessions: Presides over joint Joint Sessions: Does not preside over sessions of Parliament to resolve joint sessions. deadlocks. Tenure: Remains Chairman as long as they Tenure: Serves for the duration of the are Vice President and can only be Lok Sabha term unless they resign or are removed if they lose their position as Vice removed through a majority vote by the President through a majority house vote. Lok Sabha. LEGALEDGE 7676564400 [email protected] www.toprankers.com 29  PRACTICE QUESTIONS 1. Who presides over the Lok Sabha in the absence of both 4. (a) Government of India Act, 1919 the Speaker and the Deputy Speaker? (b) Government of India Act, 1935 (a) The Prime Minister (c) Indian Independence Act, 1947 (b) The President (d) Constitution of India, 1950 (c) The Secretary-General of the Lok Sabha (d) A member from the panel of Chairpersons 4. What is the rank of the Speaker of the Lok Sabha in the order of precedence in India? 2. Under which Article of the Indian Constitution can the 5. (a) Third (b) Fourth Speaker of the Lok Sabha be removed through a (c) Fifth (d) Sixth resolution? (a) Article 75 (b) Article 101 5. Under which sections of the Representation of the (c) Article 94 (d) Article 63 People Act, 1951, can a Speaker be disqualified from being a Lok Sabha member, leading to removal from 3. Under which Act were the titles of President and Deputy office? President changed to Speaker and Deputy Speaker? (a) Sections 7 and 8 (b) Sections 9 and 10 (c) Sections 11 and 12 (d) Sections 5 and 6 ANSWER KEYS & EXPLANATIONS 1. Correct Answer: (d) A member from the panel of 4. Correct Answer: (d) Sixth Chairpersons Explanation: The Speaker of the Lok Sabha is placed at Explanation: In cases where both the Speaker and the sixth rank in the order of precedence, along with the Chief Deputy Speaker are absent, a member from the panel of Justice of India. This ranking underscores the importance Chairpersons presides over the Lok Sabha. This panel is and high standing of the Speaker in the Indian composed of members who are capable of managing the constitutional framework and governance hierarchy. proceedings of the House in the absence of its principal officers. 5. Correct Answer: (a) Sections 7 and 8 Explanation: Sections 7 and 8 of the Representation of the 2. Correct Answer: (c) Article 94 People Act, 1951, detail the conditions under which a Lok Explanation: Article 94 of the Indian Constitution Sabha m