VisionIAS PT 365 December 2024 Polity and Governance.pdf

Classroom Study Material (April 2023 to December 2023)   [email protected] /c/VisionlASdelhi /vi...

Classroom Study Material (April 2023 to December 2023)   [email protected] /c/VisionlASdelhi /visionias.upsc /vision _ias VisionIAS_UPSC AHMEDABAD BENGALURU BHOPAL CHANDIGARH DELHI GUWAHATI HYDERABAD JAIPUR JODHPUR LUCKNOW PRAYAGRAJ PUNE RANCHI  POLITY AND GOVERNANCE Table of Contents 1. ISSUES RELATED TO THE CONSTITUTION 4 4.1. Judicial appointment_______________ 31 4.1.1. All India Judicial Services (AIJS) _______ 32 1.1. Basic Structure Doctrine ______________ 4 1.1.1. Independence of District Judiciary: Basic 4.2. Legal Aid ________________________ 32 Structure _______________________________ 5 4.3. Mediation Act, 2023 _______________ 33 1.2. Abrogation of Article 370 _____________ 5 4.3.1. Lok Adalats _______________________ 35 1.3. National Capital Territory of Delhi 4.4. Model Prisons Act 2023 ____________ 35 (Amendment) Act, 2023 _________________ 6 4.5. Other Important News _____________ 37 1.4. Preventive Detention ________________ 7 5. ELECTIONS _______________________ 40 1.5. Personality Rights ___________________ 9 5.1. Chief Election Commissioner and other 1.6. Hate Speech _______________________ 9 Election Commissioners Act, 2023________ 40 1.7. Places of Worship Act, 1991 __________11 5.2. Aspects of Election Process and Reform 41 1.8. Other Important News ______________12 5.3. Simultaneous Elections _____________ 42 2. FUNCTIONING OF PARLIAMENT, STATE 5.4. Criminalization of Politics ___________ 42 LEGISLATURE/LOCAL GOVERNMENT ____ 14 5.5. Electoral Funding __________________ 43 2.1. No-confidence Motion ______________14 5.6. Other Important News _____________ 44 2.2. Parliamentary Privileges of Lawmakers 14 6. IMPORTANT LEGISLATIONS/BILLS _____ 47 2.2.1. Expulsion of Lawmakers______________ 16 6.1. Nari Shakti Vandan [Constitution (106th 2.3. Anti-defection law _________________17 Amendment)] Act, 2023 ________________ 47 2.4. Ordinance making power of President and 6.2. Multi-State Co-operative Societies Governor ____________________________18 (Amendment) Act, 2023 ________________ 47 2.5. Secretariat of the Parliament _________19 6.3. Cinematograph (Amendment) Act, 2023 48 2.6. Democratic Decentralisation in India __19 6.3.1. OTT Regulation in India _____________ 49 2.6.1. Finances of Panchayati Raj Institutions (PRIs) 6.4. Digital Personal Data Protection Act 202350 ______________________________________ 20 6.4.1. Digital Services Act _________________ 52 2.6.2. Capacity Building of Urban Local Bodies (ULB) ______________________________________ 21 6.5. Criminal Law Reform Acts ___________ 52 6.5.1. Bharatiya Nyaya Sanhita 2023 ________ 52 2.7. Panchayats (Extension to the Scheduled 6.5.2. Bharatiya Nagarik Suraksha Sanhita 2023 53 Areas) Act, 1996 _______________________22 6.5.3. Bharatiya Sakshya Adhiniyam 2023 ____ 53 2.8. Other Important News ______________23 6.6. Registration of Birth and Death 3. CENTRE-STATE RELATIONS __________ 26 (Amendment) Act, 2023 ________________ 54 3.1. Role of Governor___________________26 6.7. Press and Registration of Periodicals Act, 2023________________________________ 55 3.2. Cooperative Federalism _____________27 6.8. Telecommunications Act 2023 _______ 55 3.3. Inter-State Border Disputes __________27 6.8.1. Internet Shutdowns ________________ 56 3.4. Inter-State Water Disputes __________29 6.9. Other Important News _____________ 57 4. JUDICIARY _______________________ 31 1 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  7. IMPORTANT 8.2. Right to Information (RTI) ___________ 65 CONSTITUTIONAL/STATUTORY/ EXECUTIVE 8.3. Aadhaar _________________________ 67 BODIES IN NEWS ____________________ 59 8.4. Regulation of Online Gaming ________ 68 7.1. Lokpal ___________________________59 8.5. Consumer Protection in India ________ 69 7.2. Delimitation Commission ____________60 8.6. Guidelines for Celebrities, Influencers, and 7.3. Directorate of Enforcement __________60 Virtual Influencer _____________________ 70 7.4. Central Bureau of Investigation (CBI) __60 8.7. Scheduled Tribes and Other Traditional 7.5. National Cadet Corps (NCC) __________61 Forest Dwellers (Recognition of Forest Rights) Act, 2006 ____________________________ 70 7.6. Other Important News ______________63 8.8. Other Important News _____________ 71 8. IMPORTANT ASPECTS OF GOVERNANCE 65 8.1. Mission Karmayogi _________________65 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. ISSUES RELATED TO THE CONSTITUTION 1.1. BASIC STRUCTURE DOCTRINE Why in the news? The landmark Kesavananda Bharati judgement, 1973 which propounded the basic structure doctrine completed 50 years. About the Kesavananda Bharati Case, 1973 It dealt with a petition against the compulsory acquisition of land by the Kerala government under the Kerala Land Reforms Act 1963, as a violation of Fundamental Rights (FRs) under Articles 25, 26 and 31 of the Constitution. The case was heard by the largest ever bench (i.e. 13 Judges’ Bench) of the Supreme Court (SC). Key Outcomes o Introduction of Basic Structure Doctrine: Upholding the validity of the 24th Constitutional amendment the SC held that Parliament had the power to amend any or all provisions of the Constitution (including FRs). ü However, such amendments should not alter, damage or destroy the essential features or the Basic Structure of the Constitution. Some Principles that are presently part of the ü Earlier in Golak Nath case (1967), the ‘Basic Structure.’ Supreme Court held that the power to Sovereignty of India amend the Constitution under Article 368 Essential features of the individual freedoms was not unlimited and that the FRs secured to the Citizens guaranteed under the Constitution could Mandate to build a welfare State not be abrogated or abridged by a Supremacy of the Constitution constitutional amendment. Republican and democratic form of o Power of Judicial review: The court held that government the power of judicial review is an integral part of the basic structure of the Constitution. Secular and federal character of the o Other judgments: SC upheld the 25th and 29th Constitution Constitutional Amendments except for the Separation of powers between the legislature, parts that curtailed its power of judicial review executive and the judiciary and asserted that the Preamble is a part of the Unity and integrity of the nation Constitution and hence amendable. Power of judicial review Harmony and balance between FRs and About Basic Structure Doctrine DPSPs It holds that certain fundamental features of the Constitution, cannot be amended or abrogated by the Parliament. 4 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  There is no mention of the term “Basic Structure” anywhere in the Constitution of India. Significance of the doctrine o Check on the power of the Parliament to amend the Constitution. o Ensures that the Constitution remains a living document that is responsive to changing times while preserving its fundamental values and principles. o Laid down several principles that have become the bedrock of constitutional law in India such as the rule of law, separation of powers, and the independence of the judiciary. o Ensures that the federal structure of the Constitution is not undermined. o Shapes the judiciary's approach to constitutional interpretation. 1.1.1. INDEPENDENCE OF DISTRICT JUDICIARY: BASIC STRUCTURE Why in the News? Supreme Court (SC) in the All India Judges Association v. Union of India case stated that the District judiciary’s independence is part of the basic structure. More in the news It also highlighted other principles: o Integration in terms of pay, pension and other service conditions between District Judiciary, High Courts and SC. o Separation of Power: Officers of the judiciary should be treated separately from staff of legislative and executive wings. o Unified judiciary: Service conditions of judges for similar posts are equivalent across states. District Judiciary The district judge is the highest judicial authority in the district. Organisational structure, jurisdiction and nomenclature of subordinate judiciary are laid down by states. Hence, they differ slightly from state to state (Broadly three tiers below the high court) Appointment, posting and promotion of district judges are made by the governor of the state in consultation with the High Court. 1.2. ABROGATION OF ARTICLE 370 Why in the news? A Constitution Bench of the Supreme Court recently upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. More on the news On August 5th 2019, the President of India promulgated an order- ‘Constitution (Application to Jammu and Kashmir) Order, 2019’, which stated that provisions of the Indian Constitution are applicable in the State. o Parliament also enacted the Jammu and Kashmir Reorganization Act 2019 which bifurcated the State into two Union Territories (UTs). The petitioners had challenged the constitutionality of these actions of the Union. The Judgment Upholding the presidential proclamations of August 2019, the SC held that J&K did not retain any element of sovereignty after it acceded to India in 1947. SC held that Article 370 is a temporary, transitional provision. 5 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  The court held that a UT can be carved out of a State. o Parliament may by law "form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State". o According to Explanation 1 to Article 3, the word "State", as used in Article 3(a), includes a Union territory. Relying on the judgment in S R Bommai’s case, SC held that ‘actions of President during a State emergency were open to judicial scrutiny’. Article 370: A Historical Context Instrument of Accession (IoA): In October 1947, Maharaja Hari Singh, the last ruler of J&K signed the IoA through which he agreed to accede his state to the Dominion of India. Temporary provisions for J&K: Under the Constitution, Article 370 was placed in Part XXI, titled “Temporary and Transitional provisions”. Article 370: Except for defence, foreign affairs, finance and communications, Parliament needed the state government’s concurrence for applying all other laws. Article 35A of the Indian Constitution: It stemmed out of Article 370 and gave powers to the J&K Assembly to define permanent residents of the state, their special rights, and privileges. Article 3 It provides that Parliament may by law form new states and alter of areas, boundaries or names of existing States. First Proviso to the article states that bill for above law, o Shall be introduced in either House of Parliament on the recommendation of the President. o If the bill affects the area, boundaries or name of any State, the President must refer the bill to that State Legislature for its views. 1.3. NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2023 Why in the news? Recently, the Government of National Capital Territory of Delhi (NCTD) (Amendment) Act 2023 received the assent of the President. Key highlights of the NCTD (Amendment) Act 2023 National Capital Civil Services Authority (NCCSA): It creates a new statutory authority NCCSA – to make recommendations to Lieutenant Governor (LG) regarding transfer posting, vigilance and other incidental matters. o NCCSA shall be decided matters by the majority of votes of the members present and voting. o The central government will appoint both the Principal Secretary and Chief Secretary. Powers of the LG: Matters where the LG may act solely on his discretion are: o Matters outside the legislative competence of the Delhi Legislative Assembly but which have been delegated to the LG, or o Matters where he/she is required by law to act in his discretion or exercise any judicial or quasi-judicial functions. Primacy to LG: It expands the discretionary role of the LG by giving him powers to approve the recommendations of the NCCSA or return them for reconsideration. o The LG's decision will be final in the case of a difference of opinion between him and the Authority. 6 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Disposal of matters by Ministers: Certain matters must be submitted to the LG by the ministers of the Delhi Government, through the Chief Minister and the Chief Secretary, for his/her opinion prior to the issue of any order. These include proposals affecting: o The peace and tranquillity of Delhi, o Relations between the Delhi government and the central government, Supreme Court, or other state governments, o Summoning, prorogation, and dissolution of the Legislative Assembly, and o Matters on which LG is to give an order in his sole discretion. The governance model of Delhi NCT Classification as a Union Territory (UT): Under the States’ Reorganization Act of 1956, Delhi was classified as a UT, governed under Article 239 of the Constitution. o It states that UTs are directly governed by the President, or an administrator appointed by the President. Special Status: Following the recommendations of the S. Balakrishnan Committee, the 69th Constitutional Amendment Act of 1991 conferred special status on Delhi and designated it as the National Capital Territory of Delhi (NCTD). o It added Article 239AA to the Constitution and made Delhi a UT with a legislature and a council of ministers. o The Lieutenant Governor (LG) is designated as the administrator of Delhi, operating with the aid and advice of the council of ministers of Delhi. Powers of Delhi Legislature: The Delhi Legislative Assembly has the power to legislate over subjects in the State List and Concurrent List, except for police, public order, and land. o Also, Parliament can legislate over all matters in the State and Concurrent Lists related to Delhi. GNCTD Act: The Government of National Capital Territory of Delhi (GNCTD) Act, 1991 lays down the framework for the functioning of the Delhi Assembly and the Delhi government. 1.4. PREVENTIVE DETENTION Why in the news? SC, while setting aside a detention order observed preventive detention laws are a colonial legacy and they must be used only in the rarest of rare cases. About Preventive detention Preventive detention 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. o Its purpose is to prevent the person from committing an offence in the near future. Protection against arrest and detention under Articles 22 (1) and 22 (2) is not available to a person arrested or detained under preventive detention laws (Article 22(3)). Parliament has exclusive authority to make a law of preventive detention for reasons connected with the defence, foreign affairs and security of India. 7 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Both Parliament, as well as state legislatures, can concurrently make a law for reasons connected with the Security of a state, Maintenance of public order and Maintenance of supplies and services. o Multiple laws such as the Code of Criminal Procedure, Narcotic Drug and Psychotropic Substance Act (NDPS) 1985, Unlawful Activities (Prevention) Act etc. permit Preventive Detention. 8 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  1.5. PERSONALITY RIGHTS Why in the News? Recently, Delhi High Court granted protection to a famous Bollywood actor’s personality rights from misuse by third parties. About Personality Rights Personality rights refer to the right of a person to protect his/her personality under the right to privacy or property. o It includes name, voice, signature, images or any other feature easily identified as markers of personality. Personality Rights in India Personality rights or their protection are not expressly mentioned in any statute in India but are traced to fall under the right to privacy and the right to property. Two Components of Personality Rights o Right to publicity: Right to keep one’s image and likeness from being commercially exploited without permission. ü It is governed by statutes like the Trade Marks Act, of 1999 and the Copyright Act, of 1957. o Right to privacy: Right to not have one’s personality represented publicly without permission. ü It is broadly governed under Article 21 of the Constitution and the Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) Case (2018). Posthumous Personality Rights Emblems and Names (Prevention of Improper Use) Act, 1950: Protects unauthorized use of a few dignitaries’ names and symbols listed in its schedule. IPC: If negative reference or derogatory representation is made to any deceased person's reputation or their family, a defamation suit can be filed under the Indian Penal Code. 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. o TRIPS Agreement (1994): It secures certain rights of the phonogram producers, live performers and broadcast rights. o WIPO Performances and Phonograms Treaty (WPPT): It protects the rights of performers and phonogram producers, particularly in digital environment. 9 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  1.6. HATE SPEECH Why in the news? Recently, the Supreme Court stressed the need for stakeholders to find a long-term solution to the problem of hate speech. About Hate Speech Hate speech has not been defined in any law in India. o However, hate speech generally refers to incitement to hatred primarily against a group of persons. Hate speech can be conveyed through any form of expression, including images, cartoons, memes, objects, gestures and symbols and it can be disseminated ogline or online. Regulation of Hate Speech in India Constitutional provision: Hate speech can be curtailed under Article 19(2) on the grounds of public order, incitement to offence and security of the State. Bharatiya Nyaya Sanhita, 2023: o Section 196 (1) penalises promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. o Section 299 defines punishment for deliberate and malicious acts intended to outrage the religious feelings of any class. o Section 353 (1) and (2) penalise the publication or circulation of any statement, rumour or report causing public mischief and enmity, hatred or ill-will between classes. 10 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Representation of People Act, 1951: o Section 8 disqualifies a person from contesting an election if he is convicted for indulging in acts amounting to illegitimate use of freedom of speech and expression. o Section 123(3A) and section 125 prohibit the promotion of enmity on the grounds of religion, race, caste, community or language in connection with election as a corrupt electoral practice. Protection of Civil Rights Act, 1955: o Section 7 penalises incitement to and encouragement of untouchability through words, either spoken or written or by signs, visible representations, or otherwise. Religious Institutions (Prevention of Misuse) Act, 1988: o Section 3(g) prohibits religious institutions or their managers from using religious premises to promote disharmony or hatred among various religious groups. 1.7. PLACES OF WORSHIP ACT, 1991 Why in the News? The Supreme Court observed that it cannot order a blanket stay on worship act pleas. About Places of Worship (Special Provisions) Act, 1991. The Act declares that the 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 the State to maintain the 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 The disputed site at Ayodhya is exempted from the Act. o The Act also does not apply to ü monuments and sites covered by the Ancient Monuments and Archaeological Sites and Remains Act, of 1958. ü any dispute that has been finally settled or disposed of ü any conversion of any such place effected before such commencement by acquiescence. Penalty: Section 6 of the Act prescribes a punishment of a maximum of three years imprisonment along with a fine for contravening the provisions of the Act. 11 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  1.8. OTHER IMPORTANT NEWS 8th Odisha Cabinet has proposed for the Schedule of inclusion of Kui language in the 8th Constitution Schedule. Schedule 8 of Indian Constitution: o It enlists the Oiicial language of the Country and consists of 22 languages currently. o 14 languages were originally listed in the Constitution and the rest were added over time. o Sindhi was introduced by the 21st Amendment Act of 1967, Konkani, Manipuri, and Nepali by the 71st Amendment Act of 1992, and Santali, Dogri, Maithili, and Bodo by the 92nd Amendment Act of 2003. 9th It was added to Constitution by 1st Constitutional Amendment (1951) under Article schedule of 31B. the Central and state laws included in 9th schedule cannot be challenged in courts for Constitution violation of Fundamental Rights. However, Supreme Court in I R Coelho v State of Tamil Nadu (2007), ruled that any law added to 9th Schedule after April 24, 1973, violating fundamental rights can be challenged if: o It undermines the basic structure, as outlined in Article 21 along with Articles 14 and 19. Right to Supreme Court said that all accused have a right to silence, and investigators cannot Silence force them to speak up or admit guilt. Right to silence emanates from Article 20(3), which states that no one can be compelled to be a witness against himself. o Protection is limited only to criminal proceedings. o Right is not available to a person being interrogated under Customs Act, 1962, or Foreign Exchange Management Act, 1999, since the person is not “accused of an offence” and isn’t entitled to a lawyer. o In Nandini Satpathy v. P.L. Dani case, SC stated that compelling a person to answer a question within the limits of the police station may result in a violation of Article 20(3). Reservation Punjab and Haryana High Court quashed Haryana State Employment of Local for locals in Candidates Act, 2020. private o Act provided 75% reservation to locals in private sector jobs (having monthly salary sector of less than Rs. 30,000). HC declared it unconstitutional and violative of Part III (Fundamental rights) of the Constitution of India. o It also said that Act violates Constitutional Morality. ü Constitutional Morality refers to adherence to the fundamental principles of the constitution. o It said State cannot discriminate against the individuals on account of the fact that they do not belong to a certain State (negative discrimination). Other States like Andhra Pradesh (2019) have also enacted similar acts. 12 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Affirmative Affirmative Action means positive action/discrimination which was introduced in US Action to counter historical patterns of prejudice against individuals with certain identities e.g. Black, Hispanic and other minority students. Reservation is a system of affirmative action in India that provides historically disadvantaged groups representation in education, employment, government schemes, scholarships, and politics. o Article 15(4) and 16(4) allows the government to provide for reservation. o Reservation Quota fixed at 50% (Indra Swahney judgement) for OBC, SC & ST in both employment and education. Ranganath About Ranganath Mishra Commission Mishra o It is officially known as National Commission for Religious and Linguistic Commission Minorities. o It was constituted to look into various issues related to linguistic and religious minorities in the country. o Report by Commission (2007) recommended that Scheduled caste status be completely delinked from religion and be made religion neutral like STs. o It had recommended permitting Dalits who converted to Islam and Christianity to avail Scheduled Caste status. Article 355 Article 355 is a part of emergency provisions contained in Part XVIII of the Constitution (from Article 352 to 360). o Article 355 says that ‘It shall be the duty of Union to protect every State against external aggression and internal disturbance and to ensure that Government of every State is carried on in accordance with provisions of this Constitution. Right To Punjab has become the first state to implement the 'right to walk'. Walk Right to walk make it mandatory for all road-owning agencies, including the NHAI, to provide footpaths and cycle tracks on the road. 13 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  2. FUNCTIONING OF PARLIAMENT, STATE LEGISLATURE/LOCAL GOVERNMENT 2.1. NO-CONFIDENCE MOTION Why in the news? Union government faced a no-confidence motion in the Monsoon session of the parliament. About No Confidence motion No-confidence motion: A legislative resolution introduced in the Lok Sabha that allows the Opposition to challenge the government's majority. o If a No-confidence motion is passed, the Government of the day will have to resign. o The motion of No-Confidence can only be moved in Lok Sabha. Constitutional articles/rules of business in Lok Sabha o Article 75(3): The Council of Ministers are collectively responsible to the Lok Sabha. ü Similarly, at state level Article 164 (2) provides that Council of Ministers shall be collectively responsible to the State Legislative Assembly. o Rule 198 of Rules of Procedure and Conduct of Business in Lok Sabha provides a provision regarding the motion of No Confidence. Grounds: A Motion of No-confidence need not set out any grounds on which it is based. Speeches: Unless leave is granted by the House to move the motion, no speech is permitted in support of the motion. Repeat Motion: After a No-confidence Motion has been discussed and negated by the House, another No- confidence Motion cannot be moved in the same Session. 2.2. PARLIAMENTARY PRIVILEGES OF LAWMAKERS Why in the news? Recently, the Supreme Court set up a seven-judge bench headed by the Chief Justice of India for reconsideration of its 1998 judgement in the P V Narasimha Rao case. More on the news P V Narasimha Rao case Judgement came in the backdrop of the 1993 Jharkhand Mukti Morcha bribery case. 14 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o It upheld legal immunity granted to legislators against criminal prosecution on bribery charges for any speech or vote in Parliament as per Articles 105(2) and 194(2) of the Constitution. About Parliamentary Privileges It refers to legal immunity, wherein legislators are granted protection against civil or criminal liability for certain actions or statements made in the course of their legislative duties. o If an individual or authority undermines a parliamentary privilege of a member or the House, it is called a ‘Breach of privilege’. Parliament, till now, has not made any special law to exhaustively codify all the privileges. Parliament is the sole authority to ascertain if there has been a breach or contempt of the House— no court is entrusted with this power. o A member of the House can raise a question involving a breach of privilege with the consent of the Chairman or Speaker. Privileges are based on five sources. Constitutional provisions o Article 105: Powers and privileges of both Houses of Parliament and its members and committees. o Article 194: Powers, privileges and immunities of State legislatures and their members and committees. o Article 105(2): No person shall be liable in respect of the publication of any report, paper, votes or proceedings by or under the authority of either House of Parliament. ü A similar provision exists for Members of the Legislature of a State under Article 194(2). o Freedom of Speech in Parliament: Article 105(2) states that “No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees”. ü This freedom is subject to the provisions of the Constitution (E.g. Article 121 restricts members from discussing judges’ conduct) and to the rules and procedures of the parliament, under Article 118. o Article 122: Restricts the courts from inquiring into the validity of any proceeding of Parliament on the grounds of alleged irregularity of procedure. Privilege Committee Laws made by Parliament. It is a parliamentary standing committee o Freedom from Arrest: Code of Civil present in both Houses of Parliament. Procedure, 1908 provides legislators freedom o Consists of 15 members in Lok from arrest in any civil case 40 days before Sabha (10 in case of Rajya and after the adjournment of the house and Sabha) nominated by the also during the session of the house. Speaker (Chairman in case of Rajya ü However, an MP doesn’t enjoy any such Sabha). immunity in a criminal case. Key Function: Investigate questions Rules of both the Houses involving the breach of privileges of House or o Privileges based on Rules of Procedure and members, as referred to it by presiding officer precedents: Parliament reserves the right to of Houses. 15 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  receive immediate information of the arrest, detention, conviction, imprisonment, and release of a member on a criminal charge or for a criminal offence. o Right to Exclude Strangers: House has the power and right to exclude strangers from the proceedings. This right is essential for securing free and fair discussion in the house. Other Sources: Parliamentary conventions and judicial interpretations. Contempt of the House Contempt of the House is different from Breach of privilege. It is an act or omission which obstructs or has the tendency to obstruct either House of Parliament or its members/officials, in the performance of their functions. Parliament is the sole authority to ascertain if there has been a breach or contempt of the House— no court is entrusted with this power. o House can commit an offender to custody or prison for contempt for the period limited to the duration of the House session. o In case if an MP is found guilty, he can be suspended from the House or face expulsion. 2.2.1. EXPULSION OF LAWMAKERS Why in the news? Ethics committee of Lok sabha Recently, Lok Sabha has expelled one of its It consists of not more than 15 Members members accused of accepting gifts and illegal nominated by the Speaker and shall hold office gratification, based on the Ethics Committee report. for a term not exceeding one year. Functions: Expulsion of Lawmakers in India o To examine a complaint relating to the It can be done on a constitutional as well as legal unethical conduct of a member referred to it (Rules of the house) basis. by the Speaker. The constitutional basis of expulsion: An MP o Make recommendations and formulate a found guilty of breach of privileges or code of conduct for Members. contempt of the house can be suspended from o Suggest amendments to the code of conduct. the house or face expulsion. The First Ethics Committee of Lok Sabha was set o A simple majority is needed to pass a up in 2000 and of Rajya sabha in 1997. motion for expulsion in each house. o Further involvement of the Ethics committee is not always necessary for expulsion. Legal basis of suspension and expulsions of MPs: o To ensure smooth proceedings and maintain order, the Presiding Officer of the House has the power to force a Member to withdraw from the House. o In cases of extreme misconduct, the House may expel a member “to rid the House of persons who are unfit for membership.” Rules of Procedure and Conduct of Business related to Suspension in LS and RS Rules in LS Rules in RS Rule 373: It empowers a presiding officer to order an Rule 255: It allows the Chairman to direct any MP to withdraw during the remainder of the day’s Member to withdraw immediately from the sitting. House for disorderly conduct. Rule 374: Allows to suspend the MP for a period not Rule 256: House may adopt a motion suspending exceeding the remainder of the session. the Member, disregarding chair’s authority or abusing the rules, for a period not exceeding the remainder of the session. Rule 374A: brought in 2001 allows the Speaker to Unlike the Lok Sabha (under rule 374A), the Rajya name an MP, who will then automatically stand Sabha cannot suspend its members without suspended for five days or the remaining part of the passing a motion. session, whichever is less. 16 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Article 122 of the Indian Constitution says parliamentary proceedings (including those related to expulsion) can’t be questioned by the judiciary, although the courts have intervened in some cases. o In the Raja Rampal case (2007), the Court upheld the expulsion of Raja Ram Pal but noted that proceedings tainted by substantial illegality are open to judicial scrutiny. Expulsion and disqualification are not the same. The Constitution provides for both expulsion and disqualification. Under disqualification member of the parliament cannot contest the elections further while under expulsion he/she can. Disqualification of a lawmaker o RPA, 1951: Under Section 8(4), a lawmaker is disqualified for the period of imprisonment and a further six years if sentenced for two years or more in prison. o Tenth Schedule of the Constitution: Provides for the disqualification on grounds of defection. o Articles 102 (1) and 191 (1): For disqualification of a MP and a MLA respectively, on grounds of holding an office of profit, being of unsound mind or insolvent or not having valid citizenship. 2.3. ANTI-DEFECTION LAW Why in the news? Maharashtra Speaker dismissed all petitions seeking the disqualification of MLAs under Anti-defection law. About Anti-defection Law Anti-defection law was included under the 10th schedule via the 52nd Amendment Act, of 1985. o Any question regarding disqualification arising out of defection is to be decided by the 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 are in favour. o If a person is elected as speaker of Lok Sabha, Deputy speaker and Deputy chairman of Rajya Sabha, then he could resign from his party and rejoin the party once he/she demits the posts. Presently, the Law does not provide a time limit within which the Presiding officers have to decide on the anti-defection case. 17 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  About Whip Rule 2, of the anti-defection law puts the party members into a bracket of obedience to the party whip and policies. In Parliament parlance, a whip may refer to: o a written order for party members to follow a certain direction, and o a designated official of the party who is authorised to issue such a direction. The term originates from the British practice of "whipping in" lawmakers to follow the party line. 2.4. ORDINANCE MAKING POWER OF PRESIDENT AND GOVERNOR Why in the news? A recent analysis showed that the number of ordinances issued by the president has dropped since 2019. In 2022, for the first time in 59 years, no ordinances were promulgated. Ordinance-making power of the President and Governor Ordinances are temporary laws which can be issued by the President when Parliament is not in session. o Power to promulgate the Ordinance can be traced from the Indian Councils Act, of 1861, the Government of India (GoI) Act, 1909, and the GoI Act, of 1935. The ordinance is listed under Article 123 (Power of President to promulgate Ordinances during recess of Parliament) and Article 213 (Power of Governor to promulgate Ordinances during recess of Legislature). o These promulgated ordinances have the same force and effect as an Act of the Legislature, but these acts are likely in temporary nature. o Any ordinance ceases to operate at the expiration of 6 weeks from the date when the next session starts. o If the two Houses start their sessions on different dates, the latter of the dates will be considered. o The ordinance may lapse earlier if the President/Governor withdraws it or if both Houses pass resolutions disapproving it. o In case of state legislature, resolution disapproving it is passed by the Legislative Assembly and agreed to by the Legislative Council, if any. o Ordinances can only be issued on matters on which Parliament or Legislature can make laws and are subject to the same limitation as Parliament/Legislature to make laws. However, the Governor of a State cannot make an ordinance without the reference of the President in the following cases: o If bills containing similar provisions would have required, the prior sanction of the President for introduction in the Assembly. o If the Governor would have deemed it necessary to reserve a bill containing similar provisions for consideration of the President. o If an act of state legislature containing the same provisions would have been invalid without receiving the President’s assent. 18 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  2.5. SECRETARIAT OF THE PARLIAMENT Why in the News? As the Parliament completes 75 years, the 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 the recruitment, and the 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 the creation of posts common to both the Houses of Parliament. Article 187 makes similar provisions for the Secretariat of State Legislatures. 'Council of States Secretariat' and 'Parliament Secretariat' (for House of the 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. The 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 the table of precedence, the Cabinet Secretary is placed at the 11th position, whereas the Secretary, Lok Sabha/ Rajya Sabha are placed at the 23rd position. 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 Governed by the Lok Sabha Secretariat by the Rajya Sabha Secretariat (Recruitment and (Recruitment and Conditions of Service) Conditions of Service) Rules, 1957 promulgated by Rules, 1955 promulgated by the President in the President in consultation with Chairman (similar consultation with Speaker. to Lok Sabha). 2.6. DEMOCRATIC DECENTRALISATION IN INDIA Why in the news? The year 2023 marks the 30th anniversary of the 73rd and 74th Amendment to the Indian Constitution. 19 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  Democratic Decentralisation in India It refers to the devolution of power, resources and decision-making authority from the central government to local governments, such as panchayats and municipalities. The 73rd and 74th Constitutional Amendment Acts of 1992 that came into force in 1993 introduced democratic decentralization in India. 73rd Constitutional Amendment Act, 1992 74th Constitutional Amendment Act, 1992 Panchayati Raj Institution was constitutionalized Urban local governments were through the Act. constitutionalized. This act has added a new Part-IX to the Constitution of It added Part IX -A and consists of India and consists of provisions from Articles 243 to provisions from Articles 243-P to 243- 243O. ZG. It added a new 11th Schedule to the Constitution that It also added the 12th Schedule to the contains 29 functional items of the panchayats Constitution that contains 18 functional items of Municipalities. Steps taken to strengthen PRIs in India Rashtriya Gram Swaraj Abhiyan (RGSA): For developing and strengthening the capacities of PRIs. e-GramSwaraj: A user-friendly web-based portal that unifies the planning, accounting, and monitoring functions of Gram Panchayats. People’s Plan Campaign (PPC)-Sabki Yojana Sabka Vikas: To draw up Gram Panchayat Development Plans (GPDPs). Backward Regions Grants Fund (BRGF): Untied funds are given for meeting critical gaps in local infrastructure and development, in some identified backward districts. National Institute of Rural Development and Panchayati Raj: An autonomous organisation under the Ministry of Rural Development for capacity building of rural development functionaries, local elected representatives, bankers, NGOs etc. National Panchayat Awards: Under this, best performing Panchayats are awarded based on various criteria and indicators. SWAMITVA Scheme: Provides the ‘record of rights’ to village household owners and issuance of property cards to the property owners. 2.6.1. FINANCES OF PANCHAYATI RAJ INSTITUTIONS (PRIS) Why in the news? Recently, the Reserve Bank of India (RBI) released its report titled “Finances of Panchayati Raj Institutions”. The report discusses the fiscal position of PRIs for the years 2020-21 to 2022-23. Constitutional Provisions for Financial Empowerment of Panchayats Article 243H: Provides for finance for the Panchayats by securing authorization from State Legislatures for grants-in-aid to the Panchayats from the Consolidated Fund of the State. o It empowers panchayats to impose, collect, and allocate taxes, duties, tolls, and fees. Article 243-I: Setting up a State Finance Commission (FC) every 5 years to review the financial position of Panchayats and make recommendations to improve their financial position. Article 280(3) (bb): Mandates Central FC to recommend measures needed to augment the Consolidated fund of the state and supplement panchayat resources. 20 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Sources of Finance for PRIs Internal/Own Tax Revenue from Property tax on lands (other than Agriculture Land) or buildings sources of or both; Taxes on Duties and Commodities; Service tax; Taxes on Profession Trades revenue etc. Non tax revenue from market fees on persons exporting goods for sale in Panchayat area; Fees on Registration of Cattle sold within the Panchayat area etc. Transfer of Funds Tied Grants: Earmarked for specific purposes or sectors, like sanitation, from Central education etc. Finance Untied Grants (General purpose grants): These are provided without specific Commission conditions or restrictions and can be utilised for local needs and priorities. (CFC) and State Performance-based Grants: Additional funds granted to PRIs based on Finance recommendations of CFCs and specific performance criteria. Commission Special Category Grants: These grants are additional financial support designed (SFC) to address unique challenges or particular needs of PRIs in specific regions or contexts. Other Sources Transfer from Central Government and State Government under different schemes like MGNREGA, PMAY (Rural), Sansad Adarsh Gram Yojana etc. Grants from internationals bodies like World Bank, etc. 2.6.2. CAPACITY BUILDING OF URBAN LOCAL BODIES (ULB) Why in the news? Recently, the Capacity Building Commission (CBC) in collaboration with MoHUA organized a National Workshop on Capacity Building of ULBs to foster a unified approach to capacity building ULBs across India. More on news The Workshop marked the launch of three key initiatives, i.e., o Annual Capacity Building Plan (ACBP) to enhance the capabilities of MoHUA. o ACBP for 6 pilot ULBs i.e. Ahmedabad, Bhubaneswar, Mysuru, Rajkot, Nagpur, and Pune. o Comprehensive Toolkit for preparing Capacity Building Plans for ULBs for providing valuable resources to facilitate the growth and development of ULBs. About Urban Local Bodies ULBs are small local bodies that administer or govern a city or a town of a specified population. o Urban governance (Local Government) is part of the state list (Entry number 5) under the Constitution. Thus, the administrative framework and regulation of ULBs varies across states. Constitution (74th Amendment) Act, 1992, formally recognised urban local governments as the third tier of government. 21 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  o The Act provided for the establishment of three types of ULBs: ü Nagar panchayats for a ‘transitional area’ ü Municipal councils for a ‘smaller urban area’ and ü Municipal corporations for a ‘larger urban area’. Measures taken for capacity building of ULBs. National Urban Digital Mission: Launched in 2021 by MoHUA, it focuses on citizen-centric digital revolution in ULBs in India. It aims to create a shared digital infrastructure working across three pillars of ‘People, Processes and Platform’ to provide a framework for digital governance in the country. o National Institute of Urban Affairs (NIUA) has been appointed to anchor this mission. o Established in 1976, NIUA is a premier institute for research, training and information dissemination in urban development and management. Municipal Bonds: These are financial instruments that municipal corporations and other associated bodies in India issue to raise funds. 2.7. PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996 Why in the news? Recently, Jharkhand issued the Panchayats (Extension to Scheduled Areas) Act (PESA Act) draft rules for public consultations About PESA Act, 1996 Based on recommendations of the Dileep Singh Bhuria Committee, the PESA Act was enacted in 1996 for tribal empowerment and to bring them into the mainstream. It provides for the extension of provisions of Part IX of the Constitution relating to Panchayats to Scheduled Areas of 10 States under Article 244(1) read with Schedule 5, with certain modifications and exceptions. o PESA empowers the state legislatures to frame laws in this regard. Presently, 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana, have Fifth Schedule Areas in their respective States. o Eight States (except Jharkhand and Odisha) have framed and notified their State PESA Rules under their respective State Panchayati Raj Acts. The Ministry of Panchayati Raj is the nodal Ministry for the implementation of provisions of PESA in the States. PESA Act is called a ‘Constitution within the Constitution’. Other features of PESA Act, 1996 Conformity with State Legislation on Panchayats shall be in conformity with customary law, customary law social and religious practices and traditional management practices of community resources. Gram Sabha Every village shall have a Gram Sabha (GS) consisting of persons whose names are included in electoral rolls for Panchayat at village level. 22 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Role and GS has roles and responsibilities in approving all development works in village, responsibility of identify beneficiaries, issue certificates of utilization of funds; powers to control Gram sabha institutions and functionaries in all social sectors and local plans. Every GS to safeguard and preserve traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution. Reservation Every panchayat to have reservation of seats in proportion to community population (minimum of 50 percent) with Chairperson of Panchayats at all levels to be reserved for STs. 2.8. OTHER IMPORTANT NEWS Panel of Vice- Rajya Sabha Chairman constituted an all-women panel of VCs in Rajya Sabha. Chairpersons Under the Rules of Rajya Sabha, the Chairman nominates from among the members (VCs) a panel of VCs. Any one of them can preside over the House in the absence of the Chairman/ Deputy Chairman. o However, they cannot preside over the house when the seat of Chairman/ Deputy Chairman is vacant. o In this case, President appoints a member of the House to perform the Chairman's duties. He/she has the same powers as the Chairman when presiding and holds office until a new panel of VCs is nominated. Parliament The Constitution of India does not mention the term “Special Session”. Sessions o Term sometimes refers to session’s government has convened for specific occasions. Article 85 mandates that Parliament should meet at least twice a year (the gap between two sessions should not exceed six months). o By convention, Parliament meets for three sessions in a year. 23 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  o However, the provision does not prevent the summoning of Parliament more often and these extra sessions are referred to as special sessions. The Cabinet Committee on Parliamentary Affairs determines the date and duration of parliamentary sessions. o The president then summons MPs for the session. Immunity for Supreme Court (SC) held that government cannot claim immunity from application President of law to a contract merely because one of the parties to it is the President. SC said Article 299 (contracts made by Union or State in name of President or Governor) does not give the government power to break the statutory law. Article 361 of the Indian Constitution grants immunity or protection to the President and the governor of the country. o President and the governor are immune from court scrutiny for their actions and duties in office. o Conduct of the President can be reviewed only if either House of Parliament designates court or tribunal or any other body to investigate the charges under Article 61. Rule 176 and According to the Rules of Procedure and Conduct of Business in the Council of Rule 267 States o Rule 176 allows for a short-duration discussion, not exceeding two-and-a-half hours, on a particular issue. o Under Rule 267, a Rajya Sabha MP has the special power to suspend the pre- decided agenda of the House, with the approval of the Chairman. Adjournment Moved in the Lok Sabha for discussing a definite matter of urgent public importance, motion with the Speaker’s consent. It needs the support of 50 members to be admitted. It involves an element of censure against the government and hence Rajya Sabha is not permitted to make use of this device. Discussion on an adjournment motion should last for not less than two hours and thirty minutes. Subordinate Committee on Subordinate legislations of Rajya Sabha released ’Delay in framing of legislation or rules under various acts by the ministries’ report. Delegated Subordinate legislation is the legislation made by an authority subordinate to Legislation legislature. o Most enactments delegate the powers for making rules, regulations, byelaws etc. to subordinate authorities like the executive. Need for Subordinate legislation. o Legislatures have limitations of time; thus subordinate legislation is practical necessity. o Enables experts and technocrats to provide details within the framework of law. Committee on Subordinate Legislation, Rajya Sabha o Constituted under Rule 204 of Rules of Procedure and Conduct of Business in Council of States. o Mandate: Scrutinize and report to the House whether the powers of subordinate legislation delegated by Parliament have been properly exercised. Parliament’s Recently Parliament’s security was breached where accused entered Lok Sabha on security visitors' pass and released colour gas canisters emitting yellow smoke. breach Restricted Access to Parliament: o Rules of Procedure and Conduct of Business in Lok Sabha deals with “admission, withdrawal and removal of strangers. ü It specifies that Speaker, whenever thinks fit, may order the withdrawal of strangers from any part of the House. 24 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o Visitors to Parliament need security clearance from parliamentarians. Sarpanch Pati Standing Committee on Rural Development and Panchayati Raj recommended Training and capacity building to curb prevalent concepts like Sarpanch Pati or Pradhan Pati. o It refers to practice of husbands act as proxy for elected women, and wield the actual political decision-making powers. Women reservation in Panchayati Raj Institutions (PRIs) o 73rd Constitutional Amendment act of 1992: 1/3rd of seats of PRIs and 1/3rd offices of Chairperson at all levels of PRIs (covered by Part IX) are reserved for women. (Article 243 D) o Many states like Bihar, Kerala, Maharashtra, Orissa, Rajasthan etc. have made legal provision for 50% reservation for women among members and Sarpanches. o As per Women and Men in India 2022 report, of the over 31. 8 lakh ERs, nearly 46% (over 14. 5 lakh) were women. Quota to Haryana Cabinet has accepted the State Backward Classes Commission’s report on Backward proportion of reservation for Backward Classes Block-A category in ULB. Classes (A) in Article 243 T (6): There will be no bar on State Legislatures from making provisions for Urban Local reservation of seats in any municipality or office of Chairperson in municipalities in Bodies (ULBs) favor of a backward class of citizens. Triple test/conditions for reservation to OBCs in local bodies (K. Krishnamurthy v. Union of India, 2010), o Set up a dedicated commission to conduct a rigorous empirical inquiry into nature and implications of backwardness in local bodies. o Specify the proportion of reservation required in local bodies in light of commission’s proposals. o Ensure reservation for SCs/STs/OBCs taken together does not exceed an aggregate of 50 percent of total seats 25 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  3. CENTRE-STATE RELATIONS 3.1. ROLE OF GOVERNOR Why in the News? Recently, Kerala, Tamil Nadu and Punjab moved the Supreme Court against their respective Governors over the pending bills. Constitutional Provisions regarding bills before Governor Article 200: Assent of the Governor is necessary for a bill to become a law. In this regard, the Governor has been given some options (refer table). Governor’s Options Status of Bill Give assent to the bill Bill becomes a law Withhold the assent Bill fails to become a law Return the bill for If the State Legislature passes the bill in its original shape or in a modified reconsideration of the form, the Governor has to give the assent to re-enacted bill. legislature The Constitution does not lay down any time limit within which the Governor is required to return the bill for reconsideration. It only insist on ‘as soon as possible’. Reserve the bill for the Any Bill which in the opinion of the Governor would, if it became law, so consideration of the derogate from the powers of the High Court as to endanger the position President which that Court is by this Constitution designed to fill. Reserving bill for President (Article 201): President can either give his/her assent or withhold the assent. o President may direct the Governor to return the bill to state legislature with his/her message. Such bill, if re-enacted by the state legislature with or without amendment, is presented again to the President. 26 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  3.2. COOPERATIVE FEDERALISM Why in the news? Prime Minister recently underlined the importance of cooperative federalism in India. About Cooperative Federalism Cooperative federalism is the horizontal relationship between union and states and shows neither is above the other. It envisages that national and state agencies undertake government functions jointly rather than exclusively. Constitutional Provisions to Promote Cooperative Federalism in India 7th schedule which demarcates central, state, and concurrent lists based on the principle of subsidiarity. All India Services under Article 312 Integrated judicial system to enforce both states as well as central laws. Inter-State Council under Article 263 to discuss and investigate the subject of common interest between the centre and the states. Article 261 provides that full faith and credit shall be given throughout the territory of India to all the public acts, records, and judicial proceedings of the Union and every State. Zonal councils were established as statutory bodies under the State Reorganization Act of 1956 to ensure coordination. Article 280: Finance Commission for recommending the distribution of financial resources between the Union and the States. Article 279A: GST Council (involving members from Union and states), responsible for deciding the rates of the GST and the modalities of its implementation. Steps Taken to foster Cooperative federalism in India The share of states in central tax revenue has been increased from 32% to 42% after the recommendation of the 14th Finance Commission. Restructuring of centrally sponsored schemes. Financial sector bailout programme under Ujwal DISCOM Assurance Yojana (UDAY) scheme. National Institution for Transforming India Aayog (NITI) Aayog acts as a platform to promote cooperative federalism. Various steps taken by NITI Aayog are: o Subgroups of Chief Ministers on subjects of national importance. o Launching of the Aspirational Districts Programme for the development of backward districts. o Framing model laws for land leasing and agriculture marketing reforms o Area-specific interventions for the North-Eastern and Himalayan States and island development. o Sustainable Action for Transforming Human Capital (SATH) programme to initiate transformation in the education and health sectors in states. 3.3. INTER-STATE BORDER DISPUTES Why in the news? Assam and Arunachal Pradesh signed a memorandum of understanding (MoU) to end a decades-long inter-state border dispute. Methods to resolve disputes among states Judicial redressal: Article 131 provides that the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute. o Between the Government of India and one or more States; or o Between the Government of India and any State or States on one side and one or more other States on the other; or 27 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  o Between two or more States. Inter-state Council: Article 263 gives powers to the President to set up an Inter-state Council for the resolution of disputes between states. It has the duty of: o Inquiring into and advising upon disputes which may have arisen between States; o Investigating and discussing subjects in which some or all the States, or the Union have a common interest; or o Making recommendations on such subjects along with recommendations for the better coordination of policy and action to that subject. Zonal Councils: They are established by the States Reorganisation Act of 1956 and have an advisory role to promoting cooperation and coordination between states, union territories and the Centre. 28 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  Zonal Councils Chairperson: Union Home Minister. 5 Zonal councils viz: o Northern: Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Delhi, Chandigarh, Ladakh o Central: Chhattisgarh, Uttarakhand, Uttar Pradesh, Madhya Pradesh o Eastern: Bihar, Jharkhand, Orissa, West Bengal o Western: Goa, Gujarat, Maharashtra, Dadra & Nagar Haveli and Daman & Diu. o Southern: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana A&N, Lakshadweep and Puducherry. 3.4. INTER-STATE WATER DISPUTES Why in the news? Recently, the Union Cabinet approved the terms of reference to Krishna Water Disputes Tribunal-II (KWDT-II) under the Inter-State River Water Disputes (ISRWD) Act, 1956. Also, the Supreme Court criticised the Punjab government for its slow progress in constructing the Sutlej- Yamuna Link (SYL) canal, Mechanism to deal with Inter-State Water Dispute Under Seventh Schedule of Constitution, o State List: Entry 17 (Water i.e. water supplies, irrigation and canals, drainage and embankments, water storage etc.) subject to the provisions of entry 56 of List I. Article 262: Parliament by law may provide for the adjudication of any dispute with respect to the use, distribution or control over inter-state river waters or river valley. Accordingly, Parliament has enacted two laws: o Inter-State Water Disputes (ISWD) Act, 1956: State Government may request the Central Government to refer the dispute to a tribunal for adjudication. o River Boards Act, 1956: Setting up of River Boards by the central government for the regulation and development of inter-state rivers and river valleys. Article 262 deters the Supreme Court from adjudicating interstate river water disputes. o However, Article 136 empowers the SC to hear appeals against the tribunal’s orders. 29 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  National Water Policy 2012: Addresses issues of water scarcity, inequities in its distribution and lack of a unified perspective in water use and management. o Union List: Entry 56 (Regulation and development of inter-State rivers and river valleys) In the context of inter-state rivers water sharing, SC had earlier referred to international rules like, o Helsinki Rules of 1966 recognise equitable use of water by each basin State taking into consideration the socio-economic needs and availability of resources. o Campione Consolidation of ILA Rules (1966-99) advocates the inclusion of water of an aquifer, that is underground water or 'fossil water' intercepted by the boundary between two or more states, while determining the shares of basin states over an inter-state river. About SYL canal SYL, planned in 1966, is a 214-km long canal for sharing waters of the Ravi and Beas rivers between Haryana and Punjab, of which 122 km was to be in Punjab and 92 km in Haryana. Haryana completed its stretch of the SYL Canal in 1980, while Punjab kept citing Riparian Principles and the non-availability of its water. o Riparian Principles state that the owner of land adjacent to a water body has the right to use water. About Krishna Water Dispute In 1969, Krishna Water Disputes Tribunal-I (KWDT) was set up under the ISRWD Act, 1956 and KWDT-II was instituted in 2004 KWDT-II will distribute the Krishna water, allocated to 'undivided’ Andhra Pradesh, between Telangana and Andhra Pradesh. o Krishna is an east-flowing river that originates at Mahabaleshwar in Maharashtra and merges with the Bay of Bengal, flowing through Maharashtra, Karnataka, Telangana and Andhra Pradesh. In 2014 after the creation of Telangana, Andhra Pradesh asked to include Telangana as a separate party at KWDT. o However, Maharashtra and Karnataka argue that Telangana should be allocated waters from Andhra Pradesh’s share as it was created following latter’s bifurcation. 30 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  4. JUDICIARY 4.1. JUDICIAL APPOINTMENT Why in the News? Supreme Court while hearing a contempt case against inordinate delay by the Centre in judges’ appointment, said that appointment proposals can’t remain in limbo and the government must either notify those appointments or send them back citing specific objections. Appointment of judges in higher judiciary Judges are appointed through a Collegium (Articles 124 (2) and 217 governs the appointment of Judges in SC and HC respectively) It has evolved through judgments of the Supreme Court (referred to as 3 Judges Cases and pronounced in 1981, 1993, and 1998). o Supreme Court Collegium includes CJI and four other senior-most judges of the court at that time. o Collegium for the appointment of Judges to the High Court is led by the CJI and two other senior-most judges of the Supreme Court. ü Initiation of a proposal for appointment of Judges of the concerned High Court vests with the High Court Collegium (HCC) who sent the views to the Supreme Court Collegium. ü HCC consists of the chief justice of the high court and two senior-most judges. Role of government in appointment of judges Under Memorandum of Procedure, Government can get an inquiry conducted by Intelligence Bureau for candidates recommended. Government can also raise objections and seek clarifications regarding collegium’s choice. o However, if the collegium reiterates same names, government is bound, to appoint them as judges. 31 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  4.1.1. ALL INDIA JUDICIAL SERVICES (AIJS) Why in the news? Recently during the Constitution Day (26th November) celebration, the President of India called for an All India Judicial Services (AIJS) to recruit judges. About All India Judicial Service (AIJS) AIJS is a reform that seeks to centralize the recruitment of judges at the level of additional district judges and district judges for all states. Genesis of AIJS: The idea for AIJS was first proposed by the 14th Report of the Law Commission of India on judicial reforms in 1958. Constitutionality: The provision of AIJS was included in Article 312 of the Constitution through the 42nd Amendment in 1976. But it still requires a bill to decide on its broad contours. Present status of recruitment of judges in lower judiciary Articles 233 and 234 of the Constitution of India deal with the appointment of district judges (along with lower judiciary) and place it in the domain of the states. All judges of the lower judiciary up to the level of district judges are selected through the Provincial Civil Services (Judicial) exam in most of the states. The selection process is conducted by the State Public Service Commissions and the concerned High Court, as High Courts exercise jurisdiction over the subordinate judiciary in the state. 4.2. LEGAL AID Why in the news? Recently, Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice presented a report on “Review of the working of Legal aid under the Legal Services Authorities Act, 1987”. Legal Aid Legal Aid refers to free legal services to the poor and needy people who cannot afford the service of a lawyer for the conduct of the case in any court. Initiatives for Legal Aid in India Legal Services Authorities (LSA) Act, 1987: Provides a statutory framework of legal aid in India. o Under the act, the National Legal Services Authority (NALSA), State Legal Services Authorities (SALSAs) and District Legal Services Authorities (DLSA) are established at the national, state, and district levels, respectively. o Lok Adalat is an alternative dispute redressal (ADR) mechanism under the act, where disputes pending in the court of law or at the pre-litigation stage are settled amicably. 32 © Vision IAS AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI  o Para-legal volunteers (PLVs): Trained persons who assist the LSAs and the Lok Adalats in providing free legal aid to the needy people. o Supreme Court Legal Services Committee (SCLSC): Constituted under section 3A of LSA Act, 1987 to provide free legal services to poor, under-privileged and marginalized. ü Patron-in-Chief of SCLSC: Chief Justice of India ü Members: Chairman (sitting Judge of SC) and 9 members (nominated by the Chief Justice of India). Designing Innovative Solutions for Holistic Access to Justice (DISHA) Scheme: Introduced by the Department of Justice to create awareness through the use of technology and developing simplified Information, Education and Communication (IEC) material for the masses. Its components include, o Nyaya Bandhu: To create a pan India framework for dispensation of pro bono legal services. o Tele Law: For mainstreaming legal aid to marginalized communities through the Common Service Centers (CSCs). o Legal Literacy and Legal Awareness Programme (LLLAP): To enable the vulnerable sections of society to have information about their legal rights and entitlements. Nyaya Mitra scheme: Launched in 2017 to facilitate the District Judiciary in getting more than ten-year-old pending court cases disposed of by providing legal aid to the litigants. Supreme Court Middle Income Group Legal Aid Scheme: Provides legal services to middle-income group citizens, whose gross income does not exceed Rs.60,000/- p.m. or Rs. 7,50,000/-. 4.3. MEDIATION ACT, 2023 Why in the news? The President of India recently granted assent to the passed Mediation Act 2023 seeking to promote mediation as a preferred mode of Alternative dispute resolution (ADR) in India. About Alternative dispute resolution (ADR) It refers to the different ways people can resolve disputes without a trial (refer infographics). Other steps to promote ADR in India o Arbitration and Conciliation Act, 1996 and Arbitration and Conciliation (Amendment) Act, 2019 for the establishment of the Arbitration Council of India. 33 AHMEDABAD | BENGALURU | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRAJ | PUNE | RANCHI ©Vision IAS  o Legal Services Authorities Act, 1987 o New Delhi International Arbitration Centre (NDIAC) Act, 2019 for the establishment of NDIAC for facilitating institutional arbitration. o Commercial Courts Act, 2015 provides for such Commercial Courts to adjudicate commercial disputes. Singapore Convention on Mediation is a uniform and efficient framework for international settlement agreements resulting from mediation. Key Highlights of Mediation Act 2023 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 the 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 affecting the rights of third parties. Territorial Mediation to take place within the territorial jurisdiction of the 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 the consent of the parties. Mediation o A party may withdraw from mediation after two sessions.