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Monthly DNA
The Supreme Court (SC) recently held that a plain assertion of innocence or a promise to co-operate in the trial by an accused is no ground to grant bail in a case of a serious nature. The SC also said the completion of investigation in a serious offence was not a default ground for bail.
31 December, 2023
Supreme court
Recently 78 opposition MPs have been suspended for disrupting Parliamentary proceedings over the Parliament security breach issue. What is the issue? Presiding officers of the Lok Sabha and Rajya Sabha suspended the opposition lawmakers for disrupting the parliamentary proceedings. They were suspended as the legislators demanded a discussion and a statement from the Home Minister regarding last week’s security breach. This was the highest number of MPs suspended in a single day in the history of Indian Parliament. The opposition accused the government of failing to provide security on the 22nd anniversary of a deadly attack on the parliament. The speaker of the…
27 December, 2023
Parliament
In recent years, the economic conflicts between Centre and States in India have increased and become a source of ‘persistent frictions’ in the federal system. Why there is economic conflict between Centre and State? Economic reforms- New Economic Policy, 1991 changed the context of Centre-State relations from cooperative to a conflictual one. Mobilisation of resources- States have less autonomy over their public expenditure policies and more disputes arouse over resource sharing with the Centre. Policy resistance- States have resisted the Centre’s policies leading to breakdown of the give and take equation that used to govern the Centre-State relations. Example- Tamil Nadu…
16 November, 2023
Federal structure
The Comptroller and Auditor General of India (CAG) is one of the most important institutions of the country to ensure public accountability of the executive. What is Comptroller and Auditor General? Feature Description Constitutional body Article 148 provides for an independent office of the CAG. Financial administration CAG is the head of Indian Audit and Accounts Department He/She is the guardian of the public purse and controls the entire financial system of the country at the Centre and the State level. Appointment President by a warrant under his hand and seal Core Values Institutional values- Maintaining professional standards, objective and balanced approach, independence and…
14 November, 2023
Executive
Recently, the Supreme Court (SC) pulled up an Advocate-on-Record (AoR) for filing a frivolous case before the court. AORs are a pool of elite Delhi-based lawyers whose legal practice is mostly before the SC but they can appear before other courts too. Need for AORs – A lawyer with special qualifications, picked by the Supreme Court itself, is equipped to appear for a litigant as the SC is a court of the last opportunity for the litigant. AoR is broadly based on the British practice of barristers and solicitors where barristers wear the black gown and wig to argue cases while solicitors…
07 November, 2023
Supreme court
Ninth Schedule of Constitution The Chhattisgarh Chief Minister has wrote to the Prime Minister requesting the inclusion of two amendment bills, which would increase the amount of reservation in the Constitution's Ninth Schedule for employment and educational institutions. About bills The two amendment proposals in Chhattisgarh were unanimously accepted by the State Assembly, establishing a 76% quota for people who belong to the Scheduled Caste, Scheduled Tribes, and Other Backward Classes. The bills are still awaiting the governor's approval. There is a list of Central and State laws that cannot be challenged in court in the Constitution's Ninth Schedule. The…
20 April, 2023
Amendments
Quota Kerfuffle in Karnataka At the Cabinet Meeting in Karnataka, the administration abolished the nearly three-decades-old 4% Reservation for Muslims in the Other Backward Classes (OBC) category and gave the remaining 2% to the state's two largest landowner communities, the Veerashaiva Lingayats and Vokkaligas. About The Cabinet resolved to eliminate the 4% reservation granted to Muslims under Category 2B and to exclude them from the OBC category. Under the newly framed 2C and 2D categories respectively, Vokkaligas and Veerashaiva Lingayats have got an equal share of this. The reserve quantum increased as a result of the adjustment from 4% to…
01 April, 2023
Rajya sabha
Election Commission Latest Context The Chief Election Commissioner (CEC) and Election Commissioners (ECs) will be appointed by the President on the advice provided by a committee made up of the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and the Chief Justice of India, according to a landmark ruling by the Supreme Court's Constitution Bench (CJI). About The Verdict According to SC, examining the Constituent Assembly's (CA) deliberations on the nomination of the ECI reveals that every member was unambiguous of the opinion that elections must be run by an impartial Commission. Additionally, the purposeful inclusion…
11 March, 2023
Election commission
Whip in State Assembly and Parliament According to a recent judgement by the Supreme Court, members of a House are bound by the "whip" and if any MLAs from a political party that is a part of a ruling coalition decide they do not wish to support the coalition, they risk being removed from office. About Whip A political party may issue a whip to its members, instructing them to cast a specific ballot or show up for an important vote. According to the Tenth Schedule, political parties have the right to whip their legislators (Anti Defection Law). The whip…
09 March, 2023
Parliament
A political group has demanded that Parliament should have to consider the long-delayed Women's Reservation Bill. The Women's Reservation Bill was approved by the Rajya Sabha on March 9, 2010. The bill, however, never received a vote in the Lok Sabha. While the bill was still pending in the Lok Sabha, it expired. Data and Facts In recent years, there has been a steady increase in the percentage . Women would need to be involved in making decisions, sharing power, leading political parties and creating policy at all levels of government machinery , From 45 ie(8.3%) in 2004 (the 14th…
29 March, 2023
Parliament
In Context of The Bar Council of India (BCI) recently approved the practise of foreign lawyers and law firms in India. While they can advise clients on International Law and work on corporate transactions, it is done with an exception allowing them to appear in court. About BCI Decision Rules for Registration and Regulation of Foreign Attorneys and Foreign Law Firms in India, 2022, were recently announced by the Bar Council of India (BCI), allowing foreign lawyers and law firms to practise in India. However, it prohibited them from testifying in front of courts, tribunals, or other statutory or regulatory…
29 March, 2023
Supreme court
Law Commission The 22nd Law Commission's mandate will now remain in effect until August 31, 2024, following recent approval by the Union Cabinet. About Law Commission: Legal changes are the main responsibility of the Law Commission of India, an executive entity. The government created the Law Commission as an executive body with a set term. It serves as an advisory council to the Law Ministry. It is neither a statutory nor a constitutional organization. It was established by a notification from the Ministry of Law & Justice, Department of Legal Affairs, of the Government of India. It is mostly made…
01 March, 2023
Non Constitutional Bodies
Speaker of the Lok Sabha In India, the Office of the Speaker is a dynamic institution that responds to the demands and issues that Parliament really faces as it carries out its duties. The Speaker and Deputy Speaker are both elected under Article 93 of the Constitution. The Speaker is the House's official head both legally and ceremonially. The presiding officer of each House of Parliament is different. For the Lok Sabha, there is a Speaker and a Deputy Speaker, while for the Rajya Sabha, there is a Chairman and a Deputy Chairman. History: Under the terms of the Government…
16 February, 2023
Parliament
Contesting Elections from 2 Constituencies A petition to prevent candidates from running in more than one constituency during the general or assembly elections was denied by the Supreme Court. Why did the SC dismiss the petition? Political democracy and parliamentary sovereignty were issues, according to the SC. The issue is clearly of a "legislative nature" (Contesting Elections from 2 Constituencies). A candidate may run in up to two constituencies for any election (parliamentary, state assembly, biennial council, or by-elections) under Section 33(7) of the Representation of People Act (RPA). Prior to its introduction in 1996, there was no restriction on…
06 February, 2023
Representation of People's Act
Privilege motion There was a commotion in the Rajasthan Assembly as a result of a breach of privilege motion brought against senior BJP MLA and Deputy Leader of the Opposition Rajendra Rathore. About Privilege motion: To efficiently carry out their duties and activities, all Members of Parliament (MPs) are granted rights and privileges, both individually and collectively. Any case in which these privileges and rights are violated by a Lok Sabha or Rajya Sabha member constitutes a "breach of privilege" offense that is sanctioned by law. Any member of either house may move a motion to move a notice of…
01 February, 2023
Parliament
Central administrative tribunal The government is continually removing roadblocks to expedite the resolution of cases before the Central Administrative Tribunal nationwide. About central administrative tribunal: Tribunal-related clauses were absent from the original Constitution. The Constitution now has a new Part XIV-A, credit to the 42nd Amendment Act of 1976, articles regarding tribunals were inserted. Article 323 A: Dealing with administrative tribunals. Article 323 B: Dealing with tribunals for other concerns. Administrative Tribunals: Article 323 A grants the Parliament the authority to establish administrative tribunals for the purpose of resolving disputes relating to the appointment of individuals to public services of…
31 January, 2023
Dispute Redressal Mechanisms and Institutions
National voter day 2023 The Election Commission of India celebrated the 13th National Voters' Day (NVD) on January 25, 2023. About National Voters Day: Since 2011, it has been observed on January 25 each year to commemorate the founding date of the Election Commission of India, which was 25 January 1950. The primary goal of the NVD celebration is to increase voter participation by raising voter awareness among the populace. In the NVD events hosted across the nation, new voters are honoured and given their Elector Photo Identity Card (EPIC). One of the biggest celebrations in the nation, it is…
25 January, 2023
Election commission
Hakku Patra Five families from the Banjara (Lambani) clan received Hakku Patra (land title deeds) from the Prime Minister in a symbolic ceremony in Malkhed, in the Karnataka district of Kalaburagi. The ceremony was organised by the State Revenue Department. The Banjaras are a significant scheduled caste sub-group in Karnataka, despite the fact that given the way they live, they are viewed as a tribal tribe. What are title deeds or hakku patras? The holder of a title deed is the legal owner of the property described in the document. Owners can apply for bank loans using the title deeds…
24 January, 2023
SC/ST
Supreme Court Extends the Goals of Article 19 Recently the Supreme Court ruled, that a citizen can seek enforcement of the fundamental right to freedom of speech not just against the state but also extended the ground for seeking these rights against other citizens. A fundamental right under Article 19 or 21 can be enforced even against persons other than the State or its instrumentalities,” said the 4-1 majority ruling by the Constitution Bench. The court adopted this stance when declaring that the freedom of speech and expression protected by Article 19(1)(a) cannot be restricted for any reasons beyond those…
14 January, 2023
Fundamental rights
No-Confidence Motion The Speaker of the State's Legislative Assembly was the target of a no-confidence motion, made by the opposition party in Maharashtra. What is a no-confidence motion? A no-confidence motion is a legislative resolution introduced in the Lok Sabha that declares the full council of ministers unfit to serve in leadership roles because of their shortcomings or failing to fulfil their responsibilities. It can be adopted in the Lok Sabha without a prior justification being given. Rules regarding "No Confidence Motion": According to rule 198, a "No Confidence Motion" against the government may only be introduced in the Lok…
02 January, 2023
Parliament
Delegated Legislation The Supreme Court recently confirmed the constitutionality of the delegated law in the Centre's 2016 demonetization decision by a majority ruling. What exactly is Delegated Legislation? Because the Parliament cannot deal with every area of the governance system on its own, certain functions are delegated to the bodies created by legislation. This delegation is documented in statutes, which are also known as delegated legislation. This transfer of powers is documented in statutes, which are also known as delegated legislation. The delegated legislation would clarify operational specifics, granting authority to those carrying them out. The Supreme Court's Opinion on…
11 January, 2023
Separation of Powers between various organs
Ladakh's Sixth Schedule Demand Recently, India's Union Home Ministry refused to respond to a question about Ladakh's inclusion in the Constitution's Sixth Schedule. Background of the issue: Demand for UT status: The Buddhist-dominated Leh district has long sought UT status because it felt neglected by the former state government, which was dominated by politicians from Kashmir and Jammu. Separation from J&K: On August 5, 2019, the former state of Jammu & Kashmir was divided into two Union Territories: Jammu & Kashmir and Ladakh, the latter of which does not have a Legislative Assembly. Ladakh's Sixth Schedule Demand: After its special…
20 December, 2022
SC/ST
Election Commission Of India The Chief Election Commissioners' terms have decreased from more than eight years in the 1950s to less than three hundred days since 2004, according to a recent ruling by the Supreme Court, which asserted that the government only declares its support for the independence of election commissioners on the lips. What does the Indian Election Commission do? The Election Commission of India (ECI) is an independent constitutional body in charge of managing India's Union and State election processes. The Constitution was established on January 25, 1950, which is also known as National Voters' Day. The commission's…
30 November, 2022
Election commission
Religious Conversion: Explained The Supreme Court recently directed the Centre to intervene and make serious and sincere efforts to address the issue of Forced Religious Conversion. What were the Petition and the Court's Decision? The petition sought a declaration that "intimidation, threatening, and deceivingly luring through gifts and monetary benefits" violates Articles 14, 21, and 25 of the Constitution. The petition argued that the Supreme Court stated in the Rev Stainislaus versus State of Madhya Pradesh case in 1977: "It must be remembered that c guarantees 'freedom of conscience' to every citizen, not just followers of one particular religion, and…
21 November, 2022
Fundamental rights
Ninth Schedule: Explained Two bills were approved by the Jharkhand Assembly, but the modifications won't take effect until the Centre makes changes to add the bills to the Constitution's Ninth Schedule. What are these Bills? Vacancies for Posts and Services in Jharkhand (Amendment) Bill, 2022: Reservations now stand at 77%. Scheduled Castes will receive a quota of 12%, up from 10%, OBCs 27%, up from 14%, Scheduled Tribes 28%, up by 2%, and Economically Weaker Sections 10% under the reserved category (EWS). Jharkhand Local Persons Bill, 2022: It aims to grant local residents "certain rights, benefits, and preferential treatment" over…
19 November, 2022
Significant Provisions
Law Commission of India Retired High Court Chief Justice Rituraj Awasthi has been named Chairperson of India's 22nd Law Commission, which was established in 2020. What is the Indian Law Commission? The Law Commission of India is a non-statutory body established from time to time by the Government of India. The first independent Indian Law Commission was established in 1955 for a three-year term. The first Law Commission, chaired by Lord Macaulay, was established during the British Raj era in 1834 by the Charter Act of 1833. It serves as an advisory body to the Ministry of Law and Justice.…
11 November, 2022
Institutions and Bodies for vulnerable
Removal of Governor A political party recently called for a proposal to remove the Tamil Nadu Governor. In recent years, the squabbles between states and governors have centered on the choice of a party to form a government, the deadline for proving the majority, sitting on bills, and criticizing the state administration. As a result, Governor is derisively referred to as a Centre agent, a puppet, and a rubber stamp. How is the Governor to be deposed? A Governor is appointed by the President and serves "during the pleasure of the President," according to Articles 155 and 156 of the…
09 November, 2022
Federal structure
Remote Voting Facility The Union government recently informed the Supreme Court that it is thinking about implementing a remote voting system that would allow non-resident Indians (NRI), particularly migrant workers, to cast their votes while maintaining the integrity of the electoral process. What is the History? Officials from the Election Commission suggested adopting blockchain technology to facilitate remote voting in 2020. The goal is to remove voting's geographic restrictions. The Commission has been thinking about the potential for remote voting, which would let people vote from their place of employment. Section 20A of the Representation of the People Act, 1951,…
05 November, 2022
Elections
Social Media Impact on Elections The Election Commission of India (ECI) recently sponsored an international conference for Election Management Bodies (EMBs) under the auspices of the United States' "Summit for Democracy." The Chief Election Commissioner spoke at the conference. The commissioner asked social media platforms to use their "algorithm power" to proactively flag bogus news while officially opening the meeting. What worries exist in regard to the dissemination of false information? Red-Herring: All of the major social media platforms' content moderation-driven strategy to countering misinformation is a red herring meant to draw attention away from the much more serious issue of…
02 November, 2022
Election commission
Pleasure Doctrine & Governor's Duties and Powers The governor of Kerala has issued a warning to ministers, stating that any remarks made by a minister that diminish the stature of the governor's office may result in retaliation, including the withholding of pleasure. Pleasure Doctrine: What is it? In accordance with the English common law's "pleasure theory," the monarch is free to terminate any employee's employment at any time. According to Article 310 of the Indian Constitution, each member of the Union's defence or civil service serves at the pleasure of the President, and each employee of a state's civil service…
31 October, 2022
State Legislatures
Office-of-Profit A "Second opinion" was requested by the Governor of Jharkhand in the office-of-profit case involving the Chief Minister's demand for dismissal. About A political crisis in the state of Jharkhand resulted from the Election Commission sending its decision to the Governor of the state in response to a petition by the BJP asking for the CM's disqualification from the Assembly in the office-of-profit case. Office of Profit The Constitution doesn't define "office of profit." However, the Election Commission has noted the following five criteria for what constitutes an office of profit based on prior decisions: Whether the government appoints…
28 October, 2022
Elections
General Consent to CBI The Maharashtra government recently granted the Central Bureau of Investigation (CBI) general permission to probe cases in Maharashtra. Important Points It overturned the previous Uddhav Thackeray-led Maha Vikas Aghadi (MVA) government's decision. As a result, the CBI will no longer need the state government's permission to conduct investigations in the state. Mandatory consent: The CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must get the consent of the state government involved before commencing an investigation in a state. Section 6 of the DSPE Act: State Government consent to exercise powers…
22 October, 2022
Central Bureau of Investigation
Lok Adalat Explained The Chhattisgarh government has established Lok Adalat in jails to expedite the resolution of cases for state prisoners. Every working Saturday, these courts will provide relief to undertrials and, in some cases, convicted convicts by teaching their rights and legal options such as plea bargaining and settlement. About Lok Adalats The word 'Lok Adalat' ('People's Court') refers to a court built on Gandhian principles. According to the Supreme Court, it is an ancient sort of adjudicating system that was widespread in ancient India, and its validity has not been questioned even in current times. It is a component…
22 October, 2022
Dispute Redressal Mechanisms and Institutions
Row over Hindi Imposition The 11th volume of the Report of the Official Language Committee, which was submitted to the President of India, sparked outrage in various southern regions (they view the report as an attempt to impose Hindi on them). What are the Panel's Recommendations? In Hindi-speaking states, Hindi should be the medium of teaching in IITs, IIMs, and Central universities. The administration's communication language should be Hindi, and attempts should be made to teach the curriculum in Hindi. Because judgements of High Courts in other states are frequently mentioned in rulings, High Courts in other states whose proceedings are…
21 October, 2022
Federal structure
Appointment of Chief Justice of India (CJI) Justice Dhananjaya Y Chandrachud was recently appointed as India's 50th Chief Justice. He will serve for a period of two years before retiring on November 10, 2024. Regarding Article 124 The procedure for appointing the CJI is not mentioned in the Indian Constitution. The Constitution's Article 124 (1) simply states, "There shall be a Supreme Court of India consisting of a Chief Justice of India." According to Clause (2) of Article 124 of the Constitution, every Supreme Court Judge is appointed by the President. As a result, in the absence of a constitutional…
15 October, 2022
Supreme court
Election Commission & Election Symbol The Shiv Sena factions led by current Maharashtra CM Eknath Shinde and former CM Uddhav Thackeray have recently been prohibited by the Electoral Commission from using the party's name and election symbol. About To maintain equality between the two antagonistic groups and to uphold their rights and interests, is being done. to serve the current Bye-elections' intended purpose and to continue until the controversy in the matter has been finally resolved. Now's Symbols: The two factions will each receive a different symbol from the list of available free symbols for the current bye-elections. Election Symbols…
08 October, 2022
Elections
Parliamentary Committee The reorganization of 22 Standing Committees took place recently. What exactly are Parliamentary Committees? A Parliamentary Committee is a group of Members of Parliament appointed or elected by the House or nominated by the Speaker/Chairman. The committee reports to the House or the Speaker/Chairman and works under the direction of the Speaker/Chairman. Parliamentary Committees originated in the British Parliament. They derive their authority from Articles 105 and 118. Article 105 addresses MPs' privileges. Article 118 empowers Parliament to make rules to govern its procedure and conduct of business. Need: To begin the legislative business, a Bill is introduced…
07 October, 2022
Parliament
Addition of Tribes to the List of STs Four tribes, including those from Himachal Pradesh, Tamil Nadu, and Chhattisgarh, have just been added to the list of Scheduled Tribes with the approval of the Union Cabinet. About The communities that were recently added to the list were the Hatti tribe in the Trans-Giri region of Sirmour district in Himachal Pradesh, the Narikoravan and Kurivikkaran hill tribes in Tamil Nadu, and the Binjhia in Chhattisgarh, who were listed as ST in Jharkhand and Odisha but not in Chhattisgarh. Additionally, the Cabinet approved a proposal to move the Gond community, which is…
16 September, 2022
SC/ST
Delisting of Inactive Political Parties Recently, the Election Commission declared 253 other political parties to be "inactive" and ordered the delisting of 86 registered but unrecognized political parties that it discovered to be "non-existent." Major Findings The 253 parties were delisted for the following reason: They failed to react to the letter or notification that was provided to them and failed to participate in any elections, including those for the General Assembly of a State or the Parliament Elections in 2014 and 2019. Impact: The Election Symbols (Reservation and Allotment) Order, 1968, which permits parties to apply for a common…
15 September, 2022
Elections
Parliamentary System in India and Britain Britain’s longest reigning monarch, Queen Elizabeth II, died on September 8 at the age of 96. Image Source - CNBC British Monarchy The British Monarchy is a constitutional monarchy because an elected Parliament, not the Sovereign Head of State, has the power to draught and enact laws. Although she reigns, the British monarch does not rule. Belgium, Cambodia, Jordan, the Netherlands, Norway, Spain, Sweden, and Thailand are additional constitutional monarchies. In contemporary Britain, the monarch's authority or function is primarily ceremonial. The king "must maintain absolute neutrality in regard to political affairs. Powers and…
09 September, 2022
Parliament
Importance of Regional Language Image Source - Medium The Chairman of the University Grants Commission (UGC) has emphasized the value of a child beginning to study their mother tongue at a young age for the development of their creative thinking. Regional Languages A language that has a sizable population but is not the official language of communication throughout the remainder of the nation is referred to as a regional language. When the majority of the speakers of a language are concentrated in just one particular region of a state or country, such language is referred to as regional. Even though…
08 September, 2022
Constitutional Bodies
Withdrawing the general consent to the CBI Recently, the newly elected government of Bihar demanded that the CBI's general consent be revoked. About In the case of Bihar, the recently elected state administration claimed that the federal government was politicizing the CBI. The chief minister of Bihar further said that similar abuses are occurring in federal authorities like the CBI, ED, and Income Tax Department. Nine states, including West Bengal, Chhattisgarh, Rajasthan, Punjab, and Meghalaya, have revoked their general approval of the Central Bureau of Investigation's (CBI) investigation of cases within their borders. All states asserted that the federal government…
31 August, 2022
Central Bureau of Investigation
Fundamental Duties Recently, the Chief Justice of India said fundamental duties in the Constitution are not merely to serve a "pedantic or technical" purpose. CJI’s opinion: The primary law that governs the interaction between the people and the government is our Constitution. Although it has bestowed upon us unalienable rights, it also imposes upon us some fundamental duties The fundamental duties were included as the path to social transformation; they are not only technical or pedantic. Fundamental Duties Incorporation of Fundamental Duties: Although there existed a Part III for Fundamental Rights when the Constitution was adopted in 1949, there were…
17 August, 2022
Fundamental rights
IMPORTANCE OF PESA ACT, 1996 Gujarati political parties are attempting to win over tribal voters by promising to adhere closely to the 1996 Panchayat Extension to Scheduled Areas (PESA) Act. The State PESA Rules were made applicable to 4,503-Gram Sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of Gujarat by notification of the rules in January 2017. The Act, however, has not been strictly adhered to. The PESA law has been so far enacted in six states (Himachal Pradesh, Andhra Pradesh, Telangana, Rajasthan, Gujarat, and Maharashtra), and Chhattisgarh would become the seventh state if the rules…
11 August, 2022
Devolution of powers and Finances up to Local level
The privilege of MPs does not extend to criminal cases MPs do not enjoy any protection from being arrested in a criminal case during the Session or otherwise," the Rajya Sabha Chairman made clear in the House. Members of Parliament (MPs) are "not on a different footing than a normal citizen" in criminal cases. A day after House Speaker and leader of the Congress, Mallikarjun Kharge, brought up the fact that he had been summoned by the Enforcement Directorate when the House was in session, the Chairman made his observation. Highlight Article 105: According to Article 105 of the…
08 August, 2022
Parliament
All ABOUT CENTRAL VIGILANCE COMMISSION (CVC) Vigilance Commissioner Suresh N. Patel was sworn in as the Central vigilance commissioner by President Droupadi Murmur. Mr. Patel has also administered the oath of office to former intelligence Bureau Chief Arvind Kumar and Praveen Kumar as the vigilance commissioner. About CVC Central Vigilance Commission is the top vigilance institution in the country which was mainly created to address governmental corruption and to advise the central government in the field of surveillance. It is free of control from any executive authority, monitoring all vigilance activity in the nation under the Central Government and advising…
04 August, 2022
Non Constitutional Bodies
Suspension Of MPs: Explained Recently, Lok Sabha suspended the 4 MPs (Member of Parliament) and the Rajya Sabha suspended 23 MPs as they were disrupting the proceedings of the house. Reason for disruption by MPs MPs do not have enough time to raise crucial issues. The government's unresponsiveness and the Treasury benches their retaliatory posture. Parties intentionally cause disturbance for political or publicity reasons. The failure to take immediate action against MPs who interrupt parliamentary proceedings. Why suspension of MPs? The role and duty of the Presiding Officer that is the Speaker of Lok Sabha and Chairman of Rajya Sabha are to maintain…
30 July, 2022
Parliament
LAW PANEL TO EXAMINE SIMULTANEOUS ELECTION The issue of holding the simultaneous election of Lok Sabha and the state assembly election had been referred to the Law Commission of India for a practicable road map and framework. What is a simultaneous election? The “One Nation, One Election” idea forms a system where elections to all state assemblies and the Lok Sabha will have to be held simultaneously. It will involve the restructuring of the Indian election cycle in a manner that elections to the states and the center should be synchronized. Currently, they are held separately that is whenever the…
24 July, 2022
Elections
15th PRESIDENT OF INDIA Droupadi Murmu won the 2022 Presidential election after defeating the joint Opposition nominee Yashwant Sinha. She will take oath as the 15th President of India on July 25. She is the first Adivasi and second woman to become the nation’s First Citizen and the Supreme Commander of India’s Armed Forces. About Droupadi Murmur She is born into a Santhal family in 1958. She was the first girl in Uparbeda, (one of the seven revenue villages in Uparbeda panchayat) in Odisha’s backward Mayurbhanj district, to go to college at the Ramadevi Women’s University in Bhubaneswar. She was…
22 July, 2022
President
DEADLY SEWER 17 people have died this year till July while cleaning sewer and septic tank. Since 2017, 347 such death has been recorded across India due to manual septic tank cleaning. Despite the 2013 law prohibiting the employment of manual scavengers, a government survey identified 54,130 people engaged in this job as of July 2019. Tamil Nadu had registered 206 deaths of manual scavengers who were cleaning sewer and septic tanks between 1993 and July 2019, the highest among all the state Even though manual scavenging is banned in India, the practice is still prevalent in many parts of…
20 July, 2022
Welfare Schemes for vulnerable
MINORITY STATUS IN INDIA IS STATE DEPENDENT ON: SUPREME COURT Every person in India can be a minority in one state or the other, the minority status of religious and linguist communities is state-dependent outlined by the Supreme Court. The court also indicated that a religious or linguistic community that is a minority in a particular state can inherently claim protection and the right to administer and run its own educational institution under Article 29 and Article 30 of the Indian constitution. The Union government informed the Supreme Court (SC) that state governments can now grant minority status to any…
19 July, 2022
Institutions and Bodies for vulnerable
INADEQUATE MUNICIPAL FINANCES For effective municipal governance, the health of municipal finance is a critical element that will determine whether India realizes its economic and development goals. Growing fiscal deficits, constrain in tax base expansion and weakening of institutional mechanisms remain a major challenge for the urban local body (UBLs). Revenue loss after the implementation of GST and the pandemic has further deteriorated the situation. The urban population and Indian cities are expanding rapidly and the city infrastructure such as water supply, sewage, and solid waste management is under pressure and requires appropriate government effort. Various challenges faced by the…
13 July, 2022
Devolution of powers and Finances up to Local level
MEDIATION BILL The parliament's standing committee on law and justice has recommended substantial change to the Mediation Bill. The bill focuses on strengthening the institutionalization of mediation and the establishment of the Mediation Council of India. Mediation Bill Objective The bill acknowledges the importance of institutes to train mediators, and service providers to provide structured mediation. To provide a body for the registration of mediators and to encourage community mediation. To make online mediation an acceptable and cost-effective process. To enforce the domestic and international mediation settlement agreements. It provides for enforcement of commercial settlement reached in the international mediation…
14 July, 2022
Dispute Redressal Mechanisms and Institutions
NOMINATION TO RAJYA SABHA Recently, the Central Government nominated 4 members to the Rajya Sabha. Soon, the Legislative Assemblies of 4 states will also elect 16 MPs to Rajya Sabha. Nominated member The four new nominated members in the Rajya Sabha are: Track and field icon -Pt Usha Musician- Ilaiyaraaja Telugu screenwriter- V Vijayendra Prasad, and Philanthropist and spiritual leader- Veerendra Hegade All these members belong to four southern states, Tamil Nadu, Kerala, Andhra Pradesh, and Karnataka. The upper house of the parliament now has nine nominated members the other five are Lawyer Mahesh Jethmalani, dancer Sonal Man Singh, politician…
09 July, 2022
Rajya sabha
EXTENSION TO OBC SUB-CATEGORISATION COMMISSION Recently Union Cabinet approved the 13th extension to the Justice Rohini Commission, to examine the sub-categorization of Other Backward Classes constituted under article 340 of the Constitution. The initial deadline to submit the report was 12 weeks by 2nd January 2018. About The commission was constituted to examine the issue of sub-categorization within Other Backward Classes (OBC) in the Central List on 2nd October 2017. In 2015 the National Commission for Backward Classes (NCBC) recommended that OBC should be categorized into extremely backward classes, more backward classes, and backward classes. NCBC has the power to…
08 July, 2022
OBC
APPOINTMENT OF JUDGES IN INDIA It was found that at least 26 recommendations for the appointment of judges to the Bombay high court which is currently functioning at almost half of its sanctioned strength are pending with the government at different stages of consideration. Recent controversy Bombay high court has its main seat in Mumbai and branches in Nagpur, Aurangabad, and Goa. Low strength – currently Bombay high court has 57 judges against a sanctioned strength of 96 judges also five more judges are expected to retire this year. The supreme court collegium headed by the Chief Justice of India…
06 June, 2022
Central Bureau of Investigation
Disruption in the Parliament is the Contempt of the House In a first by any Presiding Officer of the legislatures in the country and in the context of rising disruptions, Rajya Sabha Chairman Shri M.Venkaiah Naidu today unequivocally held that disruptions of proceedings amount to contempt of the House and disruptors can’t claim it as their privilege to do so. Productivity of Rajya Sabha Speaking on disruptions in the Parliament, Shri Naidu informed that the productivity of Rajya Sabha is being quantified since 1978 and during the first 19 years till 1996, the productivity of the House has been over…
18 September, 2021
Rajya sabha
Historical Background The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War II. Superintendence of the S.P.E. was vested with the War Department. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore…
27 August, 2021
Non Constitutional Bodies
Tribals in Rajasthan seek more panchayats in scheduled areas The tribal outfits in Rajasthan have demanded the inclusion of over 165 village panchayats of seven districts in the scheduled areas under the Tribal Sub-Plan (TSP) to facilitate the control of local communities over minor minerals and minor forest produce as well as development activities in the region. It will also ensure statutory protection of the tribal population. On the occasion of the International Day of the World’s Indigenous Peoples on 9th August, the tribal groups said the population of Scheduled Tribes in these panchayats had crossed 50%, making them eligible…
10 August, 2021
Significant Provisions
New Scheme for J&K The Department for Promotion of Industry and Internal Trade has notified “New Central Sector Scheme for the industrial development of Jammu and Kashmir” with a financial outlay of Rs. 28,400 crore on 19/02/2021 and is effective from 01.04.2021 to 31.03.2037. The scheme is applicable for any eligible industrial (manufacturing) entity or eligible service sector enterprise other than those run departmentally by Government, which is registered business enterprise under Goods and Service Tax. The scheme offers four incentives namely Capital Investment Incentive, Capital Interest subvention, Goods & Service Tax Linked Incentive (GSTLI) and Working Capital Interest Subvention.…
05 August, 2021
J&K issue
Constitutional provisions relating to Eighth Schedule The Constitutional provisions relating to the Eighth Schedule occur in Articles 344(1) and 351 of the Constitution. Article 344(1) provides for the constitution of a Commission by the President on the expiration of five years from the commencement of the Constitution and thereafter at the expiration of ten years from such commencement, which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule to make recommendations to the President for the progressive use of Hindi for official purposes of the Union. Article 351 of the Constitution…
22 January, 2022
Significant Provisions
People are Free to Choose Religion: Supreme Court The Supreme Court refused to entertain a PIL seeking directions to the Centre to ban black magic, superstition, and deceitful religious conversion. About the case in the SC A petition was filed in the Supreme Court seeking to control black magic, superstition & mass religious conversion of SC/STs. The petition also mentions the religious conversions through intimidation, threats & gifts. The plea argued that such forceful religious conversions by use of black magic are common throughout the country. These incidents are against Articles 14 (right to equality), 21(right to life), and 25…
12 April, 2021
Significant Provisions
Post Matric Scholarship Scheme for Scheduled Castes The Cabinet Committee on Economic Affairs had revamped the post-matric scholarship scheme earlier for students from the Scheduled Castes (SCs), including a new funding pattern of 60-40 for the Centre and States. Equality in the Constitution Equality enshrined in the Constitution is not mathematical equality and does not mean all citizens will be treated alike without any distinction. To this effect, the Constitution underlines two distinct aspects which together form the essence of equality law: 1) Non-discrimination among equals, and 2) Affirmative action to equalize the unequal About the Scholarship It is a…
09 April, 2021
Welfare Schemes for vulnerable
NGT Delhi is equal to all other branches of NGT First, read the complete topic on National Green Tribunal (NGT) through this link and then read this news. Observing that all five zonal Benches of the National Green Tribunal (NGT) are equally powerful and that their orders would be applicable pan India, the Madras High Court has disapproved of a 2017 Central notification which terms the north zone Bench in Delhi as the principal Bench. Though in the notification dated August 10, 2017 the north zone Bench in Delhi is called principal Bench, it is prima facie contrary to the NGT…
10 July, 2021
Quasi-judicial bodies
West Bengal to get a Legislative Council (LC) India has a bicameral system i.e., two Houses of Parliament. At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly; that of the Rajya Sabha is the Vidhan Parishad or Legislative Council. How to create a Legislative Council? Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority. Currently, six states have Legislative Councils (Andhra Pradesh, Bihar, Karnataka, Uttar Pradesh,…
07 July, 2021
State Legislatures
How are new districts carved? Malerkotla recently became the 23rd district in Punjab Section 5 of the Punjab Land Revenue Act, 1887 says the “State government may, by notification, vary the limits and alter the numbers of tehsils, districts and divisions into which the State is divided”. The power to create new districts or alter or abolish existing districts rests with the State governments. This can either be done through an executive order or by passing a law in the State Assembly. The many States prefer the executive route by simply issuing a notification in the official gazette. States argue…
18 May, 2021
State Legislatures
J C Pant is the Acting Chairperson of NHRC Justice Prafulla Chandra Pant, a former Supreme Court judge, has been appointed the Acting Chairperson of the National Human Rights Commission (NHRC) with effect from April 25, the commission said on Monday. Justice Pant was appointed a member of the NHRC on April 22, 2019. The post of Chairperson has been vacant since the former Chief Justice of India H.L. Dattu completed his tenure on December 2. National Human Rights Commission and State Human Rights Commission, 1993 What is the news? The Calcutta High Court has directed the Chairperson of the National…
04 May, 2021
Statutory Bodies
Scheduled Areas and Tribal areas: Rengma Nagas demand an autonomous district council This topic has been explained in the easiest format by Ankit Sir with Mains Answer Writing Question. First, watch the lecture by Ankit Sir about the Difference between the 5th Schedule and the 6th Schedule of the Constitution. Click here to watch the Youtube lecture. And then read the comprehensive write up about Difference between 5th Schedule (Scheduled areas) and 6th Schedule (Tribal areas) What is the news? The Rengma Nagas in Assam has written to Union Home Minister Amit Shah demanding an autonomous district council amid…
09 June, 2021
Significant Provisions
Arun Kumar Mishra likely to be the new NHRC Chairperson Former Supreme Court Justice Arun Kumar Mishra is likely to be the new Chairperson of the National Human Rights Commission (NHRC) after a high-powered recommendation committee proposed his name. Former Chief Justice of the Jammu and Kashmir High Court, Mahesh Mittal Kumar, and former Director of the Intelligence Bureau, Rajiv Jain, had also been recommended by the high-powered panel as members of the NHRC, but the official notification is yet to be out until the filing of this report. The selection panel consisted of Prime Minister Narendra Modi; Home Minister…
01 June, 2021
Statutory Bodies
Central Vista project essential, of public importance: Delhi HC The Supreme Court, in a majority judgment, gave its go-ahead to the multi-crore Central Vista redevelopment project, which proposes to build a new Parliament three times bigger than the existing 93-year-old heritage building and modify the use of 86.1 acres of land, home to India’s power corridor in the national capital. In their majority opinion, Justices A.M. Khanwilkar and Dinesh Maheshwari said the court cannot order the government to desist from spending money on one project and use it for something else. They said the government did not act against public…
01 June, 2021
Parliament
It is time to define the limits of sedition: Supreme Court What is the news? The Supreme Court said “it is time to define the limits of sedition” even as it protected two Telugu channels from any coercive action by the Y.S. Jagan Mohan Reddy-led Andhra Pradesh government for their reportage of the COVID-19 pandemic in the State. A three-judge Bench led by Justice D.Y. Chandrachud flagged indiscriminate use of the sedition law against critics, journalists, social media users, activists and citizens for airing grievances about the governments’ COVID-19 management, or even for seeking help to gain medical access, equipment,…
17 July, 2021
Significant Provisions
State Legislatures and COVID-19 The COVID-19 pandemic and the consequent lockdown, which affected the functioning of the legislatures of several States last year, had an apparently marginal impact on the working of the Karnataka legislature if the number of sitting days is an indication. Compared with its average number of sitting days of 32 from 2016 to 2019, the Karnataka legislature, which is bicameral, met on 31 days last year, the highest for any State in 2020, according to a study that covered 19 States. The Southern State was followed by Rajasthan (29 days) and Himachal Pradesh (25 days). For…
17 June, 2021
State Legislatures
National Green Tribunal and Mekedatu Project About Mekedatu Project: Mekedatu, meaning goat’s leap, is a deep gorge situated at the confluence of the river Cauvery and its tributary Arkavathi. Ontigondlu is the proposed reservoir site, situated in Ramanagara district in Karnataka about 100 km away from Bengaluru. It is in the midst of the Cauvery Wildlife Sanctuary. The Rs. 9,000 crore project aims to store and supply water for drinking purposes for Bengaluru city. Around 400 megawatts (MW) of power is also proposed to be generated through the project. Historical Perspective The project was first approved by the Karnataka…
20 April, 2021
Quasi-judicial bodies
National Human Rights Commission and State Human Rights Commission, 1993 What is the news? The Calcutta High Court has directed the Chairperson of the National Human Rights Commission (NHRC) to constitute a committee to examine complaints of post-poll violence in West Bengal. A Bench of five judges directed that the committee “shall examine all the cases, and maybe by visiting the affected areas, and submit a comprehensive report to this court about the present situation”. The court asked the committee to suggest “steps to be taken to ensure confidence of the people that they can peacefully live in their houses and…
20 June, 2021
Statutory Bodies
Election Commission of India- Its Constitutional mandate and its powers Introduction Elections bring the Election Commission of India (ECI) into sharp focus as this constitutional body U/A.324 superintends, directs and controls the conduct of elections. Rise of the powers of the Election Commission of India It is an interesting aspect of the ECI’s history that before T.N. Seshan came on the scene as the Chief Election Commissioner, no one in the country ever knew or felt that the ECI had any powers. Seshan discovered the ECI’s powers hidden in Article 324 of the Constitution which was then used to discipline…
16 January, 2022
Election commission
The Collegium System The Collegium System was introduced in response to executive interference in judicial appointments. However, this system has failed to protect judicial appointments from executive interference. It is due to the reasons like Post-retirement appointments of judges. At present, the collegium comprises of CJI (Chief Justice of India) and 4 senior-most judges of the Supreme Court. Despite various criticisms and attempts to reform the appointments and transfers process, the collegium system still persists. Current Scenario The appointments of the judges are formally made by the President of India on the recommendation of the collegium. These proposals are processed…
09 September, 2021
Supreme court
Online Grievance Management Portal for Scheduled Castes by NCSC National Commission for Scheduled Castes (NCSC) recently launched an Online Grievance Management Portal for Scheduled Castes .in the country About Online Grievance Management Portal: The Portal will allow submission of complaints about atrocities against the Scheduled Castes. The portal also allows users to track the progress of their complaints. It was developed in collaboration with the Bhaskaracharya Institute for Space Applications and Geoinformatics(BISAG-N), a Centre of Excellence under the Ministry of Electronics and Information Technology(MeitY). About the National Commission for Scheduled Castes (NCSC). National Commission for Scheduled Castes(NCSC) is a constitutional…
16 April, 2021
Constitutional Bodies
SC's Verdict: People are Free to Choose Religion The Supreme Court refused to entertain a PIL seeking directions to the Centre to ban black magic, superstition, and deceitful religious conversion. What was the case filed? A petition was filed in the Supreme Court seeking to control black magic, superstition & mass religious conversion of SC/STs. The petition also mentions the religious conversions through intimidation, threats & gifts. The plea argued that such forceful religious conversions by use of black magic are common throughout the country. These incidents are against Articles 14 (right to equality), 21(right to life), and 25 (right…
13 April, 2021
Supreme court
Lok Adalat Meaning & its importance Justice delayed is justice denied. Access to justice for the poor is a constitutional mandate to ensure fair Across the country, a total number of 1,27,87,329 cases were disposed of in four National Lok Adalat, which included a huge number of pending cases i.e., 55,81,117 and a record number of pre-litigation cases i.e., 72,06,212. Through these activities, the Legal Services Authorities disposed off a large number of cases giving relief to the common citizens by ending or preventing long-lasting legal battles. treatment under our legal system. Hence, Lok Adalats (literally, ‘People’s Court’) were established to…
15 January, 2022
Quasi-judicial bodies
Panchayat Implementation in 6th Schedule Areas The Union Minister of State for Home informed the Lok Sabha on March 23, 2021, that there is no proposal presently to introduce the Panchayat system in the Sixth Schedule areas of Assam. What is Sixth Schedule? The Sixth Schedule of the Constitution of India protects tribal populations and provides autonomy to them by allowing the formation of autonomous administrative councils that can frame laws on land, public health, agriculture and others. Four states of North East India -Assam, Meghalaya, Tripura, and Mizoram-have got tribal status under the sixth schedule. Overall, 10 Autonomous Councils exist…
30 March, 2021
SC/ST
NV Ramanna to be the next Chief Justice of India The current Chief Justice of India(CJI) has recommended Justice N.V. Ramana, the senior-most judge of the Supreme Court as the next CJI. About Chief Justice of India(CJI): The Chief Justice of India is the chief judge of the Supreme Court of India. He/she is also the highest-ranking officer of the Indian judiciary. Constitution on appointment of CJI: The Constitution of India does not have any specific provision for criteria and procedures for appointing the CJI. Article 124(1) and the 2008 amendment of the Indian Constitution states that there shall be a…
25 March, 2021
Supreme court
Allotting Election Symbol by SC The Supreme Court dismissed the special petition challenging the Kerala HC judgments that upheld the Election Commission of India's order allotting the 'Two Leaves' symbol to the Kerala Congress (M). The Election Commission (EC) has plenary powers under Article 324 of the Constitution to decide on the allotment of symbols. Election Symbols (Reservation and Allotment) Order, 1968, empowers the EC to allot symbols to the political parties at elections in Parliamentary and Assembly Constituencies. For the purpose of this Order symbols are either reserved or free. Reserved symbol is a symbol which is reserved for…
22 March, 2021
Election commission
National Capital Territory of Delhi Bill, 2021 The Ministry of Home Affairs (MHA) moved a Bill in the Lok Sabha on Monday in which it proposed that the “government” in the National Capital Territory of Delhi meant the Lieutenant-Governor of Delhi. The Bill proposes to amend Sections 21, 24, 33 and 44 of the 1991 Act. The Bill gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi is empowered to make laws. The proposed legislation also seeks to ensure that the L-G is “necessarily granted an opportunity” to give her or his opinion before…
16 March, 2021
Federal structure
State Election Commission-recent Supreme Court ruling on its autonomy Introduction This article discusses the inadequate devolution of powers to urban and rural local bodies as a self-contained third tier of governance. Poor conduction of fair elections at the local level The manner in which their representatives are elected is often beset by controversies. Local polls are often marred by violence, and charges of arbitrary delimitation and reservation of wards. Need for an independent and autonomous State Election Commission (SEC) A key factor in any local body polls being conducted in a free and fair manner is the extent to which…
16 March, 2021
Election commission
Bureaucrats cannot be State Election Commissioners: SC The Supreme Court on Friday held that independent persons and not bureaucrats should be appointed State Election Commissioners. The top court directed that the States should appoint independent persons as Election Commissioners all along the length and breadth of the country. ‘Give up post’ It said government employees holding the post of State Election Commissioners as an additional charge should give up the post. The Supreme Court said its direction should be followed strictly. The independence of Election Commissions cannot be compromised at any cost, the Bench said, adding that it was “disturbing”…
13 March, 2021
Election commission
Haryana reservation of jobs for locals-Son of soil doctrine Introduction Haryana Governor Satyadeo Narain Arya’s assent to a law regulating private sector to recruit 75% of jobs to the locals can affect India’s investment climate and its socio-economic framework. Details of the Act The Haryana State Employment of Local Candidates Act of 2020 seeks to ensure that 75% of all jobs with gross monthly salaries of up to 50,000 are provided to the State’s own residents. States like Andhra Pradesh (AP) passed a similar law in 2019(reserving 75%), and the Madhya Pradesh CM has promised to reserve 70% of private sector…
09 March, 2021
Fundamental rights
Central Employment Guarantee Council The Council was constituted under Section 10 of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005. The Central Government has constituted this Council to discharge the functions and perform duties assigned to it by or under the provisions of the National Rural Employment Guarantee Act, 2005. Chairperson - Minister of Rural Development, Agriculture and Farmers’ Welfare. It advises the Central Government on all matters concerning the implementation of this Act. It reviews the monitoring and redressal mechanism and recommends improvements required. It prepares annual reports to be laid before Parliament by the Central Government on…
24 February, 2021
Statutory Bodies
Delimitation Commission to Hold Delimitation Exercise in J&K Delimitation Commission holds a meeting to seek views on the delimitation process of the Union Territory of Jammu and Kashmir. Delimitation Act, 2002 This Act was enacted to set up a Delimitation Commission for the purpose of effecting delimitation on the basis of the 2001 census. The Delimitation Commission would re-fix the number of seats for the Scheduled Castes and the Scheduled Tribes based on the 2001 census, without affecting the total number of seats based on the 1971 census. The Act sought to lay down certain guidelines as to the manner in…
19 February, 2021
Statutory Bodies
Clemency Power of the President & the Governor TN Governor Banwarilal Purohit has decided that only the President can decide the issue of granting remission to the seven life convicts in the Rajiv Gandhi assassination case. What does the constitution say? Under the Constitution of India (Article 72), the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment. A similar and parallel power vests in the governors of each state under Article 161. I. President Article 72 says that the president shall have the power to grant pardons,…
08 February, 2021
President
Kurubas demanding ST category in Karnataka The Kuruba community has been demanding the Schedule Tribe tag and held a massive rally in the outskirts of Bengaluru The Kurubas of Karnataka are a traditional sheep-rearing community. They are known by different names in other states, such as Kuruma in Andhra Pradesh, Golla in southern Karnataka, Dhangar in Maharashtra, Pal in Rajasthan, and Maldhari/Gadariya in Gujarat. They subscribe to the teachings of Kanakadasa who was a renowned composer of Carnatic music, poet, philosopher, and saint.
08 February, 2021
SC/ST
AP Govt vs State Election Commission The Supreme Court on Monday dismissed a plea by the Y.S. Jagan Mohan Reddy government against the Andhra State Election Commission’s decision to conduct gram panchayat elections amid the COVID-19 vaccination drive, saying “elections have been held in this country in far more difficult times”. The court said the State government’s reluctance to conduct the elections and the wording of its appeal suggested an “ego battle” between the government and State Election Commissioner N. Ramesh Kumar. “Ego problem between two authorities is leading to lawlessness. We cannot allow lawlessness. How can resolutions be passed…
26 January, 2021
Elections
Andhra Pradesh three Capital issue In Jan 2020, the Andhra Pradesh (AP) government, based on the recommendations of a High Power Committee (HPC), approved a proposal to create three capitals for the state. The Committee had recommended that Visakhapatnam be made the executive capital and Kurnool in the Rayalaseema region the judicial capital. The Committee also suggested that Amaravati could house the governor’s office as well as the state assembly and become the legislative capital. Other situations A similar situation is for South Africa. The Republic of South Africa has three capitals: Pretoria, the administrative capital Cape Town, the legislative…
27 January, 2021
State Legislatures
State Election Commission vs Andhra Pradesh Govt SEC issues notification for the first phase Gram Panchayat polls in A.P. amidst raging legal battle A.P. State Election Commissioner Nimmagadda Ramesh Kumar released the phase one Gram Panchayat elections notification in Vijayawada on January 23, 2021. | Photo Credit: Raju V. The conflict between the A.P. government and the State Election Commission (SEC) over holding Gram Panchayat (GP) elections reached a flashpoint on January 23 with commissioner N. Ramesh Kumar issuing a notification for the first phase of the four-phase elections even as the government’s petition in the Supreme Court against the…
24 January, 2021
Separation of Powers between various organs
UPSC next attempt The Union government’s law officer orally informed the Supreme Court on Friday that the Centre was “not agreeable” to giving Union Public Service Commission (UPSC) aspirants, whose preparations for the October 4 prelims were severely restricted due to the COVID-19 pandemic, a second crack at the exams for the elite civil services. UNION PUBLIC SERVICE COMMISSION (UPSC) Article 315 to 323 of the Indian constitution provides for a permanent central recruiting agency to central government services called the UPSC. The commission shall consist of a chairman and 10 other members appointed by the President of India,…
23 January, 2021
Constitutional Bodies
Impeachment of USA President Donald Trump twice Outgoing U.S. President Donald Trump has entered the record books for being the only American President to be impeached twice. The moment of ignominy came after the House of Representatives passed a motion of impeachment against him, this time for “incitement of insurrection,” following the assault on the U.S. Capitol building on January 6 by a violent pro-Trump mob. His first impeachment, in September 2019, was for “abuse of power” and “obstruction of justice” over his dealings with Ukraine and attempts by Congress to investigate the same, yet he survived in office owing…
16 January, 2021
Comparison of Indian Constitution with others
UP Anti-Conversion Ordinance, 2020 At least 91 persons have been booked and 54 arrested so far, an overwhelming number of them Muslims, under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020. The most number of arrests have been made in Etah (14) followed by Sitapur (13), Mau (8), Gautam Buddha Nagar (4), Azamgarh (3) and Firozabad (3). The FIRs were spread across 14 districts of six administrative zones of the State. The other districts are Moradabad, Muzaffarnagar, Saharanpur, Bareilly, Kannauj, Hardoi, Bijnor and Shahjahanpur. In addition to these cases, an FIR was registered in Shahjahanpur on January…
16 January, 2021
State Legislatures
Budget Session to have Question Hour The Question Hour, which had been suspended by the government during the monsoon session, will resume when Parliament meets for the Budget session on January 29. The government had claimed that the suspension of Question Hour, which gives the Opposition an opportunity to hold the government accountable, was an additional precautionary measure to tackle the COVID-19 pandemic. The suspension had been strongly criticised by the Opposition. During the monsoon session, the Rajya Sabha and the Lok Sabha will meet at alternate sessions to ensure that all the three chambers — Rajya Sabha hall, Lok…
20 January, 2021
Parliament
Puducherry Governor issue Governor issues The recent three-day-long protest, led by Puducherry Chief Minister V. Narayanasamy, under the banner of the Secular Democratic Progressive Alliance, against Lieutenant Governor Kiran Bedi came as no surprise, given the strained ties between the two constitutional functionaries. They have been at loggerheads over many matters, most recently on the appointment of the State Election Commissioner, an office critical to holding elections to local bodies in the Union Territory. But the principal issue of contention is the implementation of direct benefit transfer in the public distribution system using cash, instead of free rice, being given…
13 January, 2021
State Legislatures
Central Vista Project approved The Supreme Court, in a majority judgment, gave its go-ahead to the multi-crore Central Vista redevelopment project, which proposes to build a new Parliament three times bigger than the existing 93-year-old heritage building and modify the use of 86.1 acres of land, home to India’s power corridor in the national capital. In their majority opinion, Justices A.M. Khanwilkar and Dinesh Maheshwari said the court cannot order the government to desist from spending money on one project and use it for something else. They said the government did not act against public trust. They brushed aside allegations…
06 January, 2021
Parliament
Governor Article 153 states that there shall be a Governor for each state. The same person can be appointed as Governor for 2 or more states was added by 7th amendment act 1956. Article 154 states that the executive power of the state is vested in him and is exercised by him either directly or through officers subordinate to him. Appointment & Tenure (Article 155 & 156) Governor is the executive Head/Nominal Head of the State. The Governor of a State is appointed by the President. Hold office during the pleasure of the President. May resign by submitting his resignation…
05 January, 2021
Executive
Analysis of Central Vista Project Beyond judicial clearance, Central Vista should be able to achieve national consensus With the Supreme Court’s 2-1 judgment clearing the Central Vista project for New Delhi, the Narendra Modi government can now indelibly reshape the national capital’s visual landscape. Justices A.M. Khanwilkar and Dinesh Maheshwari found no infirmity in the approvals granted by the Central Vista Committee, Delhi Urban Art Commission, the Heritage Conservation Committee and other bodies, paving the way for a new Parliament building and other edifices of government to come up. Justice Sanjiv Khanna, while agreeing with the majority opinion on the…
07 January, 2021
Parliament
Advertising in the name of God is illegal The Aurangabad bench of the Bombay High Court has declared that advertisement of any article using the name of any God and claiming that it has supernatural qualities, is “illegal” and falls under the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act. A division bench of justices T.V. Nalawade and M.G. Sewlikar was hearing a petition filed by Rajendra Ambhore, a teacher, seeking a direction and injunction to prevent advertisements on television channels that promote the sale of articles like Hanuman Chalisa…
07 January, 2021
State Legislatures
SC Judicial Activism and Anti-Conversion Law The Supreme Court on Wednesday agreed to examine the constitutional validity of laws enacted by States, such as Uttar Pradesh and Uttarakhand, that criminalise religious conversion via marriage and mandate prior official clearance before marrying into another faith. A Bench led by Chief Justice of India Sharad A. Bobde, however, did not stay the implementation of the Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and the Uttarakhand Freedom of Religion Act, 2018, despite fervent pleas. Mr Singh argued that the burden of proof was on those who married to show they were not…
07 January, 2021
State Legislatures
Presiding Officers of State Legislature The Speaker The Speaker is elected by the assembly itself from amongst its members and remains in office during the life of the assembly. However, he may vacate his office by writing to the Deputy Speaker or be removed by a resolution passed by a majority of all the then members of the assembly or he ceases to be a member of the assembly. Such a resolution can be moved only after giving 14 days' prior notice. Powers and Duties of Speaker His functions are similar to those of the Speaker of the Lok Sabha.…
30 December, 2020
State Legislatures
PM: DDC polls a new chapter in Democracy Prime Minister on Saturday praised the Jammu and Kashmir administration for the “peaceful and successful” conduct of the maiden District Development Council (DDC) elections and said the people of the Union Territory had written a new chapter in India’s democracy by participating in large numbers. “The completion of DDC polls puts in place a threetier Panchayati Raj system, fulfilling Mahatma Gandhi’s Gram Swarajya Dream. Referring to former Prime Minister Atal Bihari Vajpayee, Mr Modi said, “Vajpayee would always talk of Kashmiriyat, Jamhooriyat and Insaniyat. We are following the mantra today.” What are…
27 December, 2020
J&K issue
HC has virtually taken over executive function: A.P Govt to SC Andhra Pradesh government recently told the Supreme Court that Andhra Pradesh High Court has “virtually taken over the executive functions of the State”. What’s the issue? State government says that the High Court had “seriously violated the doctrine of Separation of Powers”. Besides, in doing so, the High Court has completely ignored the warning that the Supreme Court has, time and again, sounded advising the courts to respect the other co-equal organs of the State and to refrain from assuming such powers to itself. What has the Supreme Court…
27 November, 2020
Supreme court
Comparison between President’s Powers to Pardon in USA vs India Context: Recently, the President of the United States of America (USA) exercised his powers under the constitution to pardon his former National Security Advisor. Unlike the USA President, whose powers to grant pardons are almost unrestrained, the President of India has to act on the advice of the Cabinet. Comparison between USA vs India Pardoning Power of the President in the USA: The President of the USA has the constitutional right to pardon or commute sentences related to federal crimes. Clemency is a broad executive power, and is discretionary which…
27 November, 2020
President
PM on One Nation, One Election Recently, the Prime Minister of India has addressed the concluding session of the 80th All India Presiding Officers Conference via videoconference, at Kevadiya (Gujarat) on the occasion of Constitution Day (26th November). All India Presiding Officers Conference It began in 1921, and the Gujarat event marks its centenary year. Theme for 2020: ‘Harmonious Coordination between Legislature, Executive and Judiciary: Key to a Vibrant Democracy’. It emphasises on the need for coordination between all three wings of the state, viz. Legislature, Executive and Judiciary and suggests them to be guided by the Constitution which mentions…
27 November, 2020
Elections
Anti Defection Law Context India’s first Member of Parliament to have been disqualified from the Lok Sabha has now been disqualified as an MLA in Mizoram. Mizoram Assembly Speaker disqualifies Zoram People’s Movement MLA Lalduhoma. Ground for disqualification: The disqualification was on the ground that Mr. Lalduhoma had declared himself as a representative of the Zoram People’s Movement (ZPM) despite being elected as an independent candidate from the Serchhip Assembly constituency. He lost the character of an independent legislator because of the declaration. What is the anti-defection law? The Tenth Schedule was inserted in the Constitution in 1985 by the…
27 November, 2020
Anti Defection Law
The Constitution Day Today on 26th November, 71st constitution day will be celebrated in the country. Every year as part of the celebrations, a number of activities aimed at highlighting and reiterating the values and principles enshrined in the Constitution are organised. Key Points In 1934, M N Roy first proposed the idea of a constituent assembly. Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly. Constitution Day or Samvidhan Diwas is also known as National Law Day. The day commemorates the adoption of the Constitution in India. On this day in 1949,…
26 November, 2020
Fundamental rights
Model Code of Conduct: MP CM remark on a woman Case Study Recently, the Election Commission (EC) has found former Madhya Pradesh Chief Minister’s remark on a woman politician violative of the Model Code of Conduct (MCC). What is a Model Code of Conduct? The MCC is a set of guidelines issued by the EC to regulate political parties and candidates prior to elections. It helps EC in keeping with the mandate it has been given under Article 324 of the Constitution, which gives it the power to supervise and conduct free and fair elections to the Parliament and State…
27 October, 2020
Election commission
Clause 6 of Assam Accord Context In February, a government-appointed committee had submitted its recommendations for implementation of Clause 6 of the Assam Accord, a key provision that has been contentious for decades. Since then, the government has not made the report public. What is Clause 6? Part of the Assam Accord that came at the culmination of a movement against immigration from Bangladesh, Clause 6 reads: “Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.” For recognition as citizens, the…
Amend Official languages Act,1963 Context: Chief Justice of India Sharad A. Bobde suggested that the government should consider amending the Official Languages Act of 1963 to: Include more vernacular languages in governance. Not just confine it to Hindi and English. Background: The court was hearing an appeal filed by the Union of India challenging the legality of a Delhi High Court judgment to translate the draft Environment Impact Assessment (EIA) notification of 2020 into all 22 vernacular languages in the Eighth Schedule of the Constitution. The high court had allowed the plea holding that EIA notification should be translated and…
Cabinet decision binding on Governor Context: Political turmoil in the state of Rajasthan. There has been a deadlock between Rajasthan Governor and Rajasthan Chief Minister over the summoning of an Assembly session for a floor test. While the Chief Minister has been demanding the summoning of an Assembly session at the earliest, the Governor has not been receptive of the demand. Details: The article discusses a key Supreme Court judgment which could act as a guiding light during the current deadlock. Nabam Rebia vs. Deputy Speaker, 2016: In the Nabam Rebia versus Deputy Speaker case of 2016, a Constitution Bench…
Anti-defection GS-Paper-2 Governance (PT-MAINS) The Tenth Schedule, technicalities and also the Anti-Defection Law would be cited during the crisis. Ultimately the matter could also end up in the Supreme Court. What is the anti-defection law? The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The decision on the question as to disqualification on the ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final.…
20 July, 2020
Lok Sabha
Anti Defection Law and Issues GS-paper-2 Polity (PT-MAINS) Recently, the 19 rebel MLAs of Rajasthan's ruling party (Congress) have filed a petition before the High Court challenging the disqualification notices issued to them by the Assembly Speaker under Anti Defection Law. The disqualification notice was issued on MLAs’ absence from successive Congress Legislature Party (CLP) meetings and a “conspiracy to bring down the government”. Rebel MLAs Arguments: In their writ petition, citing violation of their freedom of speech and expression the legislators argued that they had neither given up their membership of the House nor did their failure to attend the two CLP meetings render them liable for disqualification on the ground…
20 July, 2020
Anti Defection Law
Remission to Convicts by States GS-paper-2 President and its power (PT-MAINS) Recently, the Supreme Court of India referred to a seven-judge bench the issue of whether states can grant the benefit of remission to convicts under the Constitution by laying down a common policy. The legal issue has arisen before the Supreme Court (SC) while hearing the bail plea of a murder case convict Pyare Lal. The SC was told that Pyare Lal has been released from the jail after being granted the benefit of remission by the Haryana Governor under Article 161 of the Constitution, as per a 2019 policy of the state government. According to…
20 July, 2020
President
Amendments to Postal Ballot System Recently, the Law Ministry has reduced the age limit for senior citizens who opt for the postal ballot in the Lok Sabha and Assembly elections. Imp Points Now, the voters aged above 65 years or a Covid-19 suspect can opt for postal ballot. Earlier, in 2019, the Law Ministry had amended the Conduct of Election Rules to allow persons with disabilities and those who are 80 years of age or above to opt for a postal ballot during Lok Sabha and Assembly elections. Voters of Bihar will be the first to benefit from the amended rules since Bihar will be the first state to…
28 June, 2020
Representation of People's Act
Rajya Sabha Polls Rajya Sabha is a permanent House and is not subject to dissolution. However, one-third Members of Rajya Sabha retire after every second year (biennial). A member who is elected for a full term serves for a period of six years. The election held to fill a vacancy arising otherwise than by retirement of a member on the expiration of his term of office is called ‘Bye-election’. A member elected in a bye-election remains a member for the remainder of the term of the member who has resigned or died or disqualified to be member of the House…
26 June, 2020
Rajya sabha
Anti Defection Law Part of: GS-II- Polity (PT-MAINS-PERSONALITY TEST) Recently, some of the sitting MLAs in the Manipur government defected to the opposition creating instability in the state's polity. This politics of defection in Manipur is not unique, there have been some other recent examples of defection in Karnataka, Madhya Pradesh, Arunachal Pradesh and Uttarakhand. For a very long time, the Indian political system was impacted by political defections by members of the legislature. This situation brought about greater instability and chaos in the political system. Thus, in 1985, to curb the evil of political defections, the 52nd constitution amendment act on anti-defection…
25 June, 2020
Parliament
Delimitation Commission Context The Delimitation Commission had a meeting on 28th May,2020,to review the progress of direction given by the Commission in its first meeting held on 29th April,2020. Earlier there was slight delay in organizing the first meeting due to ongoing lock down because of Covid 19 pandemic. Information on details of State Election Commissioner has been received from the State of Arunachal Pradesh,Assam,Manipur and Union Territory of Jammu&Kashmir. What is Delimitation? Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country to represent changes in population. Why Delimitation? To provide…
29 May, 2020
Election commission
Appointment of Chief Election Commissioner (CEC) At present, the Election Commission of India (ECI) is a three-member body, with one Chief Election Commissioner (CEC) and two Election Commissioners (EC). Under Article 324(2) of the Constitution of India, the President of India is empowered to appoint the CEC and the ECS. Article 324(2) also empowers the President of India to fix from time to time the number of Election Commissioners other than the CEC. When any other election commissioner is so appointed the CEC shall act as the chairman of the election commission. All Election commissioners have equal powers and receive…
29 May, 2020
Election commission
Impeachment of an SC judge Recently four Supreme Court judges went public with charges against the Chief Justice of India. According to the constitution, a judge of the SC can be removed from his office by an order of the president. The president can issue the removal order only after an address by parliament has been presented to him in the same session for such removal. The address must be supported by a special majority of each house of the parliament (i.e. a majority of the total membership of that house and a majority of not less than 2/3rd of the members…
27 May, 2020
Supreme court
Rajya Sabha Analysis- Do numbers matter in Rajya Sabha? By, (M. Venkaiah Naidu is Chairman of Rajya Sabha) The Indian Constitution provides for parity of powers between the Lok Sabha and the Rajya Sabha in law, making an exception in some cases. The Money Bill or Finance Bills can be introduced only in the Lok Sabha which only can approve the Demands for Grants. On the other hand, the Rajya Sabha has some special powers as requiring to adopt a resolution allowing Parliament to legislate on subjects in the State List (A.249) and creating All India Services (A.312), besides approving…
Article 54-J&K Part of: GS-II- Polity-J&K (PT-MAINS-PERSONALITY TEST) Recently, in a reply to a Right to Information (RTI) query “if the Union Territory of Jammu and Kashmir will be part of the Electoral College for the election of the President of India”, the Election Commission of India (ECI) has asked to refer to Article 54 of the Constitution of India. Imp Points Article 54 specifically mentions NCT of Delhi and Puducherry as eligible to be part of the Electoral College. There is no word about the newly-formed UT of Jammu & Kashmir (J&K). Under Article 54, the President is elected by an Electoral College, which…
06 May, 2020
J&K issue
Rights of Minority Institutes, not Absolute Part of: GS-II- Indian polity and SC judgement (PT-MAINS-PERSONALITY TEST) Recently, the Supreme Court of India gave its judgement on the admission criteria of minority institutions. It held that National Eligibility-cum-Entrance Test (NEET) is mandatory for admission to all medical colleges and the right of minority institutions is not absolute and is amenable to regulation. Background: Few colleges challenged the notifications issued by the Medical Council of India (MCI) and the Dental Council of India (DCI) under Sections 10D of the Indian Medical Council Act of 1956 and the Dentists Act of 1948 for uniform entrance examinations. The management of such minority-run medical institutions held that uniformly bringing them…
01 May, 2020
Supreme court
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