FORTUNE

IAS ACADEMY

constitution
& polity
GS - II
2023 - 24

part - 3

Compilation

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 INDEX
Legislature
Digital Competition Bill
Living Will
Subcategorization of Scheduled Castes
Maratha Reservation
Citizenship Amendment Act (CAA) Rules
Delhi Services Bill, 2023

Judiciary
Some Imp. Judgements of KERALA HC (2023)
Some Important Judgements of Supreme Court in
2023
Regional Benches of the Supreme Court
SC ruling on immunity of MPs and MLAs

Federalism
Grass Root Democracy
Important Judgements of SC, 2023 - 21st Jan
Panchayats as Self Governing Institutions
Inter-State Water Disputes

Constitutional, Statutory, Regulatory and Quasi-

judicial bodies
NHRC
Election Commission
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CONCLUSION SAMPLE QUESTION

From the inadequate treatment of minors in adult prisons to
Q) Children in conflict with the law (CICL) are a vulnerable
complexities surrounding bail policies and parental liability,
group requiring a delicate balance between justice
the system faces multifaceted issues demanding urgent
and rehabilitation. Critically examine the challenges
attention. Addressing these challenges requires holistic
faced by the Indian CICL system and suggest reforms to
reform efforts aimed at ensuring the fair and compassionate
ensure a more effective and rights-based approach(10
treatment of children in conflict with law, safeguarding their
marks)(150 words)
rights, and promoting rehabilitation over punitive measures.

DIGITAL COMPETITION BILL

Syllabus: GS II - Government policies and interventions for development in various sectors

PYQ MAPPING WHY IN NEWS

Q) Has digital illiteracy, particularly in rural areas, coupled o The Ministry of Corporate Affairs (MCA) has
with lack of Information and Communication Technology(ICT) come out with a draft Digital Competition Bill and
accessibility hindered socio-economic development? has sought public feedback.
Examine with justification.(2021)
o While the India tech companies have welcomed
Q) Discuss the role of the Competition Commission of the draft, the multinational giants like Google,
India in containing the abuse of dominant position by the Apple and Amazon have raised objections.
Multinational Corporations in India. Refer to the recent
decisions.(2023) INTRODUCTION
SHORT TAKES o Competition is beneficial to the country's
economy. By competing with each other,
➣ Competition Commision of India (CCI): This is the chief
companies become more competitive,
national competition regulator in India. It's a statutory
innovative, and efficient.
body established in 2009 under the Ministry of
Corporate Affairs. The CCI is responsible for enforcing the o In response to the growing market dominance
Competition Act, 2002, which aims to promote healthy of a few large digital tech companies in India,
corporate competition and prevent anti-competitive a government panel proposed in February the
practices, like monopoly, in the Indian market. imposition of obligations under a new antitrust
➣ Anti Steering: In the context of digital platforms like law that prevents companies from working
app stores or online marketplaces, anti-steering refers together to control prices unfairly or to create a
to practices that prevent users from making choices monopoly in the Digital sector.
outside the platform. For instance, application stores o The proposed "Digital Competition Bill" aims to
mandating the use of their own payments systems for complement existing regulations in India while
application purchases also mirroring the EU's Digital Markets Act
➣ Self preferencing: A practice where a platform owner 2022, and will apply to major firms identified as
prioritises its own products or services over those Systemically Significant Digital Enterprises(SSDE).
offered by third-party vendors on their platform.
➣ Ex ante regulations: It means ‘before an event’. It refers o The EU Act requires large tech firms like Alphabet,
to rules and guidelines that are established before any Amazon and Apple to open their services, and
potential anti-competitive behaviour can occur. not favour their own at the expense of rivals.

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SSDE
Systemically Significant Digital Enterprise (SSDE): It is a business enterprise offering Core Digital Services (CDS) like
online search engines, social networking services, video-sharing platforms etc in India.
» Financial and user Thresholds: This designation is based on meeting specified financial thresholds of more than Rs
4000 crore as turnover in the last 3 financial years and user thresholds of more than 10 million users.
» Notification: An enterprise is obligated to notify CCI within ninety days of meeting the above thresholds in respect
of one or more of its Core Digital Services.
» Discretion of CCI: The CCI can designate an enterprise as an SSDE even if it doesn't meet the thresholds, based on
factors like economic power and user dependence. The enterprise can then explain why it shouldn't be designated
as an SSDE.
» Associate Digital Enterprise (ADE): If an enterprise designated as an SSDE is part of a group with other enterprises
involved in providing the Core Digital Service in India, the CCI may designate these other enterprises as Associate
Digital Enterprise (ADE).
» Example, if one were to look at Google Search and how it steers direction data to Google Maps, the latter can
theoretically be deemed an ADE.
» Renewal: An enterprise will be designated as an SSDE or ADE for three years, with automatic renewal unless the
SSDE applies for revocation due to no longer meeting the thresholds or significant market changes.
» Regulations: Entities which are designated as SSDEs, have been prohibited from engaging in anti-competitive
practices such as self-preferencing, anti-steering, and restricting third party applications
» Penalty: If they violate these requirements, they can be fined up to 10% of their global turnover.

WHY DO WE NEED THIS BILL?

Need for a Proactive Approach: The Committee on Competition Law noted
that the current ex-post framework (intervening after an event occurs)
under the Competition Act, 2002, does not facilitate timely redressal of anti-
competitive conduct by digital enterprises.
» The Committee recommended enacting the Digital Competition Act to
enable the Competition Commission of India (CCI) to selectively regulate
large digital enterprises in an ex-ante manner (intervening before an
event occurs).
Lucrative Indian Market: With a population of 1.4 billion people and a growing
affluent class, India is a digital goldmine for tech companies.
» Example: Apple witnessed a “revenue record” in India during the March
quarter, when its overall global revenue declined 4%.
Curbing Anti Competitive Practices: These practices stifle innovation, limit consumer choice, and potentially raise
prices. The bill fosters a fairer market that benefits consumers, startups, and the overall Indian economy.
» Example: Last year, Google was fined Rs 1.337 crore by the CCI for its anti-competitive conduct in the Android
ecosystem.
To Address Market Dominance: A handful of big tech companies, primarily from the US, have captured significant
market share in various digital sectors. This creates high barriers for new entrants. Their established platforms
become the default way to access services, making it extremely difficult for innovative startups to compete and gain
traction.
Preventing Circumvention: The Digital Competition Bill includes a crucial provision to prevent companies from
manipulating their structures by directly or indirectly segmenting, dividing, subdividing, fragmenting or splitting
services to avoid being designated as SSDEs.

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IMPORTANCE OF THE BILL

Protecting User Data: The bill seeks to prohibit preferences.
companies from exploiting non-public user data.
Promoting Transparency: The bill restricts the
This data, which could include browsing history,
bundling of products and services, making it easier
purchase habits, or location information, is valuable
for consumers to understand pricing and avoid
for targeted advertising and could give dominant
unwanted services.
players an unfair advantage.
Ensuring Openness and Interoperability:The bill
Power of CCI: The CCI can conduct inquiries and
seeks to abolish restrictions on downloading third-
impose penalties if it believes an SSDE or ADE
party apps. Currently, some companies limit the
is breaching the Act, ordering investigations and
ability to download apps outside of their own app
penalising violations. It can also take action against
stores.
group enterprises and launch inquiries outside India,
wielding Civil Court powers. » Example: The Competition Commision of India
(CCI) in 2022 fined Google $161 million, ordering
Combating Self-Preferencing: The bill seeks to
it to stop restricting users from removing its pre-
create a more level playing field, allowing smaller
installed apps and allow downloads without using
companies and innovative ideas to flourish in the
its app store.
digital market.
Level Playing Field for Innovation: Ex-ante
» Example: A group of 40 Indian startups, though,
regulations proactively address the dominance of
has come out in support of the new law, saying
established players, creating a fairer environment
it can help address monopolistic practices of
for new startups to compete and innovate.
dominant digital platforms and create a level
playing field for smaller companies. Appeals: Appeals can be made to the National
Company Law Appellate Tribunal (NCLAT) within
Preventing Anti-Steering: The bill stops SSDEs
sixty days of receiving the CCI's direction or order,
from forcing users to stay within their ecosystem.
after paying 25 percent of the penalty. Further
Consumers gain the freedom to choose and utilise
appeals against NCLAT orders can be made to the
different platforms and services based on their
Supreme Court within sixty days.

ISSUES
Limited Consumer Focus: Unlike the UK's Digital Bill, which mandates clear complaint procedures and notice periods
for service changes, the Indian draft prioritises competition between tech giants. This could leave consumers
vulnerable to ineffective Complaint Redressal.
Broad Definition: Companies are concerned about the broad definition of SSDE. Unlike the EU’s Digital Act which
specifically names the 'gatekeeper' entities (enterprises that provide important gateway between businesses
and consumers in relation to core platform services, like Amazon, Google. Apple etc), India's draft law leaves this
decision to the discretion of the CCI. This could lead to arbitrary decision-making, potentially impacting start-ups.
Reduced Visibility and Reach: Smaller businesses often leverage big tech platforms like social media or
e-commerce marketplaces to reach a wider audience. Changes to data sharing norms could restrict their access to
potential customers, hindering their visibility and growth.
Increased Compliance Costs and Bureaucracy: Ex-ante regulations often involve a complex set of rules and
procedures that companies must adhere to before engaging in certain activities. For large tech companies
with vast operations, complying with these regulations could translate to significant administrative burdens and
associated costs.
Stifling Innovation:Big tech companies might adopt a more cautious approach, prioritising compliance over
innovation. Companies might be less willing to experiment with new ideas or business models if they fear running
afoul of the regulations.
» Example: Because of the stringent requirements of the EU’s Digital Markets Act, there has been an increase of
4,000 per cent in the time it takes to find things via Google search.
Uncertainty in investment: Strict ex-ante regulations can create an environment of uncertainty for investors. They
might be hesitant to invest in startups unsure of how the new regulations will impact their business models or
future growth potential leading to a decrease in funding.

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» Example: Four Internet and Mobile Association of India (IAMAI) members have written to the Ministry of
Corporate Affairs arguing against the necessity of ex-ante regulations for digital markets in the draft Digital
Competition Bill.

WAY FORWARD
Gradual Implementation : While ex-ante regulations are important, a phased rollout with clear guidelines can ease
adaptation for startups.
Startup Exemptions: Considering specific exemptions or simplified compliance processes for startups in the early
stages can lessen the burden and encourage investment.
Focus on Both Competition and Consumer Protection: The current draft prioritises competition between tech
giants. The bill can be strengthened by incorporating consumer-centric measures like those in the UK's Digital Bill.
» This could include mandating clear complaint procedures, requiring explanations for service changes, and
ensuring a reasonable notice period before service modifications.
Regulatory Sandboxes for Innovation: The bill could benefit from creating designated "regulatory sandboxes."
These would allow startups to test and refine their business models within a controlled regulatory environment.
This fosters innovation without compromising consumer protection goals.
Clearly Defined Systemically Significant Digital Enterprise (SSDE) Criteria: The criteria for designating SSDEs
should be transparent, objective, and regularly reviewed to adapt to the evolving digital landscape. This ensures
the regulations remain relevant and target the most dominant players effectively.
Collaboration and Stakeholder Engagement: The Indian government can benefit from ongoing collaboration and
open discussions with stakeholders like startups, tech companies, and consumer rights groups. This collaborative
approach can help refine the regulations and address potential unintended consequences

CONCLUSION
In conclusion, the Digital Competition Bill presents a
crucial opportunity to foster a vibrant and competitive SAMPLE QUESTION
digital market in India. By carefully considering the potential
Q) Discuss the key provisions of the Digital Competition
drawbacks of ex-ante regulations and implementing a
Bill and its potential impact on the Indian digital
measured approach that prioritises both innovation and
ecosystem.Suggest measures that can be taken to
fair competition, the Indian government can ensure the
ensure a balanced approach that promotes both
empowerment of consumers, startups, and established
innovation and fair competition.(10 marks)(150
players alike, paving the way for a more inclusive and
words)
dynamic digital future.

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LIVING WILL

Syllabus: GS II - Issues Relating to Health

PYQ MAPPING WHY IN NEWS?

Q) “Besides being a moral imperative Recently Goa became the first state in the country to adopt Living Will
of the Welfare State, primary health (Advance Medical Directive)
structure is a necessary precondition
for sustainable development.” Analyze. INTRODUCTION
(2021) A living will, also referred to as an advance directive, is a legal document
that outlines the medical treatments an individual desires or rejects in
SHORT TAKES
case they become incapable of expressing their preferences.
➣ Passive Euthanasia- refers to In India, the legal acknowledgment of living wills was established after
the withholding or withdrawal the significant ruling in the Common Cause v Union of India case (2018)
of medical treatment with the
intention of hastening the death
of a terminally ill patient.
COMPONENTS OF LIVING WILL
» Identification : Identifying information about whom the living will
➣ Active Euthanasia - involves
pertain to.
directly administering a lethal
substance or intervention to end » Authorisation :Document requires legally valid signature and
a patient's life. witnessing.
➣ Common Cause v. Union of India » Decisions : Regarding the use of critical medical infrastructures
(2018) - The Supreme Court of like ventilation, CPR etc.
India recognized the legality of » Detailing :Information about the use of medications in life
passive euthanasia and affirmed threatening conditions.
the right to die with dignity as a
fundamental right under Article » Priorities :regarding efforts to manage pain and providing proper
21 of the Constitution of India. palliative care thus providing proper end-of-life care.

PROCEDURAL REQUIREMENTS ASSOCIATED WITH LIVING WILL IN INDIA

The Executor, who is the individual creating the Living Will, must be of sound mental capacity and at least 18 years
old.
They are required to appoint a Guardian, preferably from their family or close relatives, to assist in executing the
Will.
The document must then be personally attested by the Executor, two impartial witnesses, and countersigned by
a notary or gazetted officer. The notary or gazetted officer must ensure, to their satisfaction, that the document
has been created without coercion.
Copies of the Living Will should be provided to the Guardian, family physician (if applicable), and the designated
local government officer or the relevant Municipal Corporation for official record-keeping purposes.
The Executor also has the option to include their Living Will as part of their electronic health records, if any.

INDIAN CONTEXT
Law Commission of India, 196th Report (2006): It stated that "a physician adhering to the directives of a competent
patient to refrain from medical intervention does not violate professional obligations, and refraining from treatment
does not constitute a criminal offence."
Law Commission’s ‘241st Report On Passive Euthanasia: A Relook’(2008): It proposed legislation on ‘passive
euthanasia’, and also prepared a draft Bill.
Aruna Shanbaug case(2011): A proper procedure and guidelines were enlisted by the apex court for granting

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passive euthanasia in the "rarest of rare circumstances" while rejecting the plea made by the petitioner. The court
differentiated between 'active' and 'passive' euthanasia, permitting the latter in specific circumstances.
Mental Healthcare Act, 2017: It permits individuals with mental illness to outline in advance the type of treatment
they wish to receive. Additionally, it grants them the authority to designate a representative to ensure compliance
with their directives.
Common cause vs Union of India, 2018: The Supreme Court allowed passive euthanasia while recognising
the living wills of terminally-ill patients who could go into a permanent vegetative state, and issued guidelines
regulating this procedure.

IMPORTANCE
Safeguarding autonomy & Rights - Helps in upholding patients autonomy during end of life care.It also ensures
informed consent as by making decisions about their future medical care while they are still competent, individuals
can ensure that their healthcare choices reflect their own values and preferences rather than those of others.
Clarity and efficiency- Ensures efficiency in decision making as it provides clear guidelines for medical professionals
regarding the medical interventions needed.
Avoids unwanted tussles- Prevents conflict among Family members as it allow individuals to designate a healthcare
agent or proxy to make medical decisions on their behalf if they become incapacitated.Also they provide a legally
enforceable framework for healthcare decision-making.
Avoids legal disputes -Living will provide clear instructions for medical care which helps to prevent any legal
disputes.Also designated decision-maker is legally authorised to act in accordance with the individual's wishes,
minimising the potential for disagreements among family members or healthcare providers about who has the
authority to make decisions.
Control over medication and treatment -
» Living wills often include directives about pain management preferences, such as the desire for aggressive pain
relief measures or a preference to avoid certain medications.
» Some living wills may address preferences regarding the use of life-sustaining medications.
» It may also include directives refusing specific medications or treatment modalities based on personal beliefs,
values, or concerns about side effects or adverse reactions.

ISSUES
Lack of legislative backing: Absence of any legislation in consonance with Supreme Court guidelines.
Lack of Awareness:
» Misconceptions about living wills can lead to reluctance among individuals to create such directives.
» Lack of awareness about living wills may contribute to healthcare providers' uncertainty about whether to
initiate, continue, or withhold certain medical interventions.
Administrative Issues:
» Absence of Medical Boards in hospitals which certify withdrawal of treatment.
» Bureaucratic hurdles making the procedure more complex.
» Lack of rule to authenticate Electronic health Records
Clarity issues :Lack of clarity for guidelines and legal definitions which makes the executor reluctant to take
decisions.
Regional disparities due to inefficiency of State Governments:
Example - Maharashtra appointed around 417 custodians to supervise living wills.But in case of Haryana there is
a lack of guidance and administrative support implementation for carrying out living wills.
Ethical dilemmas:
» Issues associated with complex medical scenarios in which families disagree with directives mentioned in the
will
» Healthcare providers may face dilemmas when patients' wishes conflict with what medical professionals
perceive as best for the patient, raising questions about paternalism versus respecting patient autonomy.
Culture and Religious beliefs: Influence the attitude of people towards end of life care and decision making.Eg-
Beliefs of Buddhism disapprove euthanasia.

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WAY FORWARD
Advance Care Planning: Engage in advance care planning discussions with your healthcare team and relatives.
Cultural Sensitivity: Recognize and address cultural beliefs and values that may influence attitudes toward end-of-
life care and decision-making within your family or community.
Presence of well defined guidelines : Specific guidance and protocols from Govt. help to cope with inadequacies
and facilitate successful implementation.
Streamlining the process : Removing unwarranted complexities in its implementation.
Clarity & Awareness : Informing people about availability of such provision and detailing about the process to curb
future complications

GLOBAL EXAMPLES
Netherlands : Allow both euthanasia and assisted dying for anyone who faces “unbearable suffering” that has
no chance of improvement.
United States: It has different laws in different states. Euthanasia is allowed in some states like Washington,
Oregon etc.
United Kingdom: It is considered illegal.
Switzerland : Bans euthanasia but allows assisted dying in the presence of a doctor or physician.

CONCLUSION SAMPLE QUESTION

Creating a living will empowers individuals to maintain control
Q) What is a living will? Analyse the reason
over their medical care and ensure that their wishes are
behind poor implementation of living will in India
respected.This helps to relieve the burden of making difficult
(10 M)(150 W)
decisions during challenging times.

HEAT
YourWAVES
Notes
Syllabus: GS III - Disaster Management

PYQ MAPPING WHY IN NEWS

• An intense heatwave pushed Delhi’s
Q) Explain the mechanism and occurrence of cloudburst
in the context of the Indian subcontinent. Discuss two temperature to an all time high of 52.3 degree
recent examples. (2022) celsius.
• Pakistan also faced a severe heatwave, with
Q) Describe the various causes and the effects of
landslides. Mention the important components of the temperatures climbing to 53°C in Mohenjo
National Landslide Risk Management Strategy (2021) Daro.
• In 2023, Death Valley’s Furnace Creek in
Southern California recorded a temperature of
SHORT TAKES 54.4°C.
➣ Heat Action Plan - A heat action plan is a
comprehensive strategy developed by governments, INTRODUCTION
organisations, or communities to address the Heatwaves are prolonged periods of excessively
challenges posed by extreme heat events. It involves hot weather, typically with high temperatures and
Assessment and Monitoring , Communication elevated humidity levels.Heatwaves have been
and Public Awareness, Vulnerability Assessment, increasingly recognized as a significant consequence
Emergency Response etc. of climate change.

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SUBCATEGORIZATION OF SCHEDULED CASTES

Syllabus: GS II - Government Policies & Interventions - Constitutional Bodies

PYQ MAPPING WHY IN NEWS?

Q) Discuss the role of the National The Union government has formed a five-member committee of
Commission for Backward Classes in Secretaries, chaired by the Cabinet Secretary, to evaluate and work out a
the wake of its transformation from method for the equitable distribution of benefits, schemes and initiatives
a statutory body to a constitutional to the most backward communities amongst the over 1,200 Scheduled
body. (2022) Castes (SCs) across the country.  

Q) Whether the National Commission INTRODUCTION

for Scheduled Castes (NCSC) can
The Union government formed the
enforce the implementation of
committee in the backdrop of Prime
constitutional reservation for the
Scheduled Castes in the religious Minister’s promise to look into the
minority institutions? Examine. (2018) demand for sub-categorisation
of SCs as raised by the Madiga
community in the run-up to the
SHORT TAKE Telangana Assembly election.
• Creamy layer is a term used to
THE HISTORY OF SUB-CATEGORISATION:
mention members of a community
who are comparatively socially State Initiatives:-
forward, economically stable and • The Punjab government, in a first such sub-classification in India,
more educated and therefore not issued a notification in 1975 which divided its 25% SC reservation at
eligible for government sponsored that time into two categories.
educational and professional
» In the first category, half the seats were reserved solely for the
benefits. An income ceiling is
Balmiki and Mazhbi Sikh communities, which were and continue
usually applied to determine the
to be the most economically and educationally backward
creamy layer.
communities in the state.
• Sub-categorisation castes » The second category consisted of the rest of the SC communities,
refers to the process of creating which didn’t get this preferential treatment.
sub-groups within the existing
categories of Scheduled Castes • Andhra Pradesh government in 1996 formed a one-man
(SCs), Scheduled Tribes (STs), and Commission of Justice Ramachandra Raju, which recommended
Other Backward Classes (OBCs) sub-categorisation of SCs in the State based on evidence that some
for reservation and affirmative communities were more backward and had less representation than
action to address the intra- others.  
category inequalities. » Consequently, the Andhra Pradesh Scheduled Castes
(Rationalisation of Reservations) Act, 2000 was brought in.
• Other States like Bihar and Tamil Nadu have tried to bring in
reservation laws at the State level in a bid to sub-categorise SCs.
» For instance, In Tamil Nadu, a 3% quota within the SC quota was
accorded to the Arundhatiyar caste.
Central stand:-
• In 2005, Milon Kumar Banerji, the then Attorney-General of India (AGI) had opined that it was possible to sub-
categorise SCs in case of “unimpeachable evidence to indicate a necessity”.
• The Cabinet in 2007 recommended an amendment to Article 341 of the Constitution of India to allow for it.
• But both the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled
Tribes (NCST) opined that a constitutional amendment was not necessary.
» Because Article 15(4 )and 16(4) already enables States to create special laws for SCs and STs.

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JUDICIAL STAND ON THE MATTER:

➡ In the 1992, Indra Swahney case, the SC recognized that some classes within OBC category maybe more or less
backward than others. Accordingly, states were permitted to make sub-classification in OBC category.
➡ In ‘E.V. Chinnaiah v State of Andhra Pradesh’,2004 the Supreme Court struck down the Andhra Pradesh Scheduled
Castes (Rationalisation of Reservations) Act, 2000 for being violative of the right to equality.
» According to SC, states govts cannot categorize any group of people as scheduled caste, this power in Article
341 solely belong to the President ,
» Also the SC category as a whole (as determined under article 341) was one homogenous group, thus any sub
-classification of this group will violate the right to equality.
➡ In 2006, the Punjab & Haryana High Court in ‘Dr. Kishan Pal v. State of Punjab’ also struck down the 1975 notification
of Punjab Government based on the Chinnaiah verdict.
➡ However, in 2006, M Nagaraj vs Union of India Case, the Supreme Court ruled that for SC/ST reservation purposes
a state must demonstrate factors of backwardness, representation and overall administrative efficacy.
➡ In ‘Jarnail Singh v Lachhmi Narain Gupta’, 2018, the Supreme Court upheld the concept of “creamy layer” within
SCs too.

WHY IS THE ISSUE NOT SETTLED YET?

🔻 The Punjab government attempted to bring back the struck down the 1975 notification by passing the Punjab
Scheduled Caste and Backward Classes (Reservation in Services) Act, 2006.
» This Act reintroduced the first preference in reservations for the Balmiki and Mazhbi Sikh communities.
🔻 In 2010, the Punjab & Haryana High Court once again struck down this provision. The Punjab government then
moved the Supreme Court against the HC ruling.
🔻 In 2014, the Supreme Court in ‘Davinder Singh v State of Punjab’, referred the appeal to a five-judge constitution
bench to determine if the 2004 E V Chinnaiah decision required reconsideration.
🔻 In 2020, the constitution bench headed by Justice Arun Mishra held that the Court and the state “cannot be a silent
spectator and shut its eyes to stark realities.”
» The ruling disagreed with the premise that Scheduled Castes are a homogeneous group.
» It said that there are unequals within the list of Scheduled Castes, Scheduled Tribes, and socially and educationally
backward classes.
🔻 Now a seven-judge Constitution Bench of the Supreme Court is set to start hearing the question of whether sub-
categorisation among SCs and Scheduled Tribes is at all permissible.  

While the Supreme Court hearing will look at the constitutionality of sub-categorisation among SCs for the purpose of
breaking up the reservation in jobs and education set aside for them, the government panel will be looking into “other
ways to take care of their grievances”.

WHAT ARE THE CHALLENGES IN SUB-CATEGORISATION?

➣ Lack of data: There is no scientific basis for classification, as reliable and updated data on the subcategories of SCs
is not currently available.
➣ Political Lobby: Many powerful groups will try to influence the political party in power to include themselves in the
sub categorisation for benefits. This will hamper the true idea behind classification.
➣ A divided society: The communities are already fragmented and this drive will deepen it & initiate infighting. The
collective unity among SCs will be lost.
➣ Will it really help? The NCST stated that the most backward SCs are lagging so far behind forward SC communities
that a separate quota would not help.
» For instance, the disparity is such that even if posts were reserved at higher levels, these most backward SCs
would not have enough candidates to be considered for it in the first place.
» Hence, allotting separate reservations within the categories would not really address the root cause.

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WHAT CAN BE THE MEASURES TAKEN?

❇ Concrete data: A proper sub categorisation necessitates proper data collection on the socio-economic conditions of
the SCs. A caste census will 100% count of each community and sub-community can provide a reasonable ground
to decide how castes can be categorised, how much percentage should be given, etc.
❇ Educate: The community must be educated why there is need for sub categorisation and providing so will help in
developing the society wholly. This will decrease the tendency of fragmentation.
❇ Sheer Political Will: Those in power must decide on the basis of providing equity and should not bow against the
will of powerful lobbies. A strong decision can bring a lot of communities out of poverty.
❇ Effective Implementation: Both the NCSC and the NCST had recommended that existing schemes and benefits
should reach backward sections before any sub-categorisation. This will empower these communities and put them
in a position to avail better representations once the sub categorisation is done.

CONCLUSION
Even among the marginalised, there are communities that have lesser access to basic facilities. As a result, the relatively
more forward communities among them have managed to avail benefits consistently while crowding the more backward
ones out. The solution, therefore, is to sub-categorise the communities and provide separate reservation to the more
backward communities within the reservation meant for SCs. But while doing so the government must take utmost
caution and follow the principles of Article 14.

SAMPLE QUESTION
Q) Justice Krishna Iyer’s words “tiny elite gobbling up the benefits” of reservations purportedly supported the argument
for inter-se classification. Comment on the need for sub-categorisation of SCs and where does the Government and
Judiciary stand? (15 M)(250 W)

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MARATHA RESERVATION
Syllabus: GS II - Constitutional provisions related to the Socially and Educationally Backward Classes.

PYQ MAPPING WHY IN NEWS?

Q) Whether the National Commission Recently, the Maharashtra State Assembly unanimously passed the
for Scheduled Castes can enforce the Maratha reservation bill granting Marathas 10% reservation in education
implementation of constitutional and government jobs.
reservation for the Scheduled Castes
in the religious minority institutions? INTRODUCTION
Examine. (2018)
Marathas are a group of castes comprising peasants, landowners and
Q) “The reservation of seats for warrior castes. For the third time in a decade, the State has passed
women in the institutions of local self- legislation for a Maratha quota.
government has a limited impact on
Maharashtra had seen reservation protests from Maratha groups for the
the patriarchal character of the Indian
last 32 years with the recent one spearheaded by Manoj Jarange Patil,
Political Process.” (2019)
who added more demands like including Marathas under the Kunbi OBC
community and to include Marathas in free education policy.

OVERVIEW
• Since the formation of the state in 1960, the Marathas have been a politically dominant community in the state
with 12 of its 20 chief ministers, including the incumbent, coming from the community.
• Currently, Maharashtra has 62 per cent reservation – SC (13%); ST (7%), OBC (19%), Other Tribes (11%); and
Special Backward Classes (2%), EWS (10%). With the addition of 10 per cent for Marathas, total reservation in the
state will reach 72%.
• Marathas form 33% of the state’s population. (2011 census)
Background of Maratha Reservation:
• Narayan Rane Committee (2014): It was the first such committee that undertook a quantitative analysis of the
issue. Based on its recommendation, the Congress government took the ordinance route to provide 16% reservation
for Marathas outside the OBC quota. This was struck down by the Bombay High Court.
• Maharashtra State Backward Class Commission - Gaikwad Commission Report (2018): It stated that nearly 77%
of Marathas are agrarian. Agricultural distress, extreme poverty, agricultural income decline, and land holding
partitions are reasons for the Maratha Communities' plight.
• The Maharashtra government then enacted the Socially and Educationally Backward Classes Act, 2018, that
granted 16% reservation with Marathas specified as SEBC. The Bombay High Court stayed the implementation,
reducing the reservation quota. Finally, SC in 2021, struck down the Act since it breached the Indra Sawhney
verdict cap of 50%.
• Maharashtra State Backward Class Commission - Sunil Sukhre Report (2024): Protests gathered more steam with
hunger strikes by activists forcing the hand of the government. The new commission found that:
• Maratha population in the state is 28%, of which 21.22% is BPL (state average is 17.4%) and 84% of them are
backward.
• A whooping 94% of farmer suicides in the state are from the Maratha community.
• The backwardness of the community can be attributed to the inadequate representation in public services.
• Such a large backward community cannot be added into the OBC list and the state must use the powers under
Article 342A (3) to designate Marathas as SEBC and reservation provided under Article 15 and 16 of the Indian
Constitution.

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Indira Sawhney Judgment

💢 The Supreme Court in the Indira Sawhney case/Mandal Commission Case (1992) stated that:
💢 Backward classes of the citizens can be identified on the basis of caste and not only on the economic basis. Social
and educational backwardness is required for a group to qualify for reservation.
💢 The Supreme Court upheld the Mandal commission's 27% quota for backward classes.
💢 The verdict stated that the reservation including that of SC, ST, and backward class beneficiaries should not exceed
50%. The cap should only be exceeded in exceptional circumstances when an extraordinary or special case is made
out, and only with extreme caution.
💢 Reservation for backward classes should be confined to initial appointments only and not extended to promotions.
This was altered and reservation in promotions was made a fundamental right through 77th and 81st Constitutional
Amendments.

BENEFITS OF RESERVATION FOR MARATHAS

➡ Socio economic progress: Multiple reports from commissions and committees highlight the array of socio-economic
challenges faced by the backward communities, suggesting that the reservation bill serves to elevate them from
poverty and marginalisation.
» For instance, the Maratha community's government job representation dwindled by 4% in 5 years since 2018.
» Also, 84% Marathas earn less than ₹8 lakh a year and 21.22% of these earn less than ₹15,000 per year.
➡ Inclusive development: Helps to increase the representation and participation of Maratha community in various
sectors thus contributing to inclusive development.
» For instance, inadequacy of representation of Maratha community in public employment in the state have led
to the majority of the community stuck in the rural sector.
➡ State-specific situation: Many states due to their backwardness have provided reservation beyond the 50% cap. In
the Assembly, CM Shinde said there are 22 states that have over 50 per cent reservation. These include Tamil Nadu
(69%), Haryana (67%), Bihar (75%). If and when the laws are challenged in court, the government of Maharashtra
will have to prove that their case falls within the exception carved out in the Mandal Commission case.
➡ Ensure equality: Reservation acts as the basis of meritocracy, that is all people must be brought to the same level
before judging them on the basis of merit.
» According to the Indian Human Development Survey (2012), only 8.1% of people from the community had an
undergraduate degree as of 2010-11.

ISSUES ASSOCIATED WITH RESERVATION FOR MARATHAS

🛑 Advantage to dominant and elite class: Marathas have
been a dominant caste in Maharashtra. The Supreme Court
Constitutional Bench in 2021 did not find any extraordinary
circumstance to provide them additional benefits. Marathas
include warrior castes that are considered socially superior. The
reservation could help them get reserved seats in the local body
elections too.
🛑 Vote bank politics: It is possible that politicians are using it as a
tool for vote bank politics.  
» In 2016, of the 366 total members of the Legislative Assembly
(MLAs) (the Legislative Assembly has 288 MLAs and the
Legislative Council has 78), 169 (46%) were Marathas.
🛑 Division and enmity: The OBC groups, invoked by Chagan Bhujabal, have now called for agitation against the
Backward class demand of the Marathas.
» A majority of sugar and milk cooperatives and educational institutions are controlled by this community, thus
making it the backbone of the state’s rural economy.
» Hence, the reservation in services saying they are economically backward does not hold ground.

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🛑 Dilute the OBC quota: OBC communities are concerned that incorporating Marathas into the OBC category or
introducing a dedicated reservation for them could potentially reduce the opportunities accessible to existing OBC
beneficiaries.
🛑 Double reservation: Marathas are now under two quotas after a reservation Act and a draft OBC notification by the
Government. Kunbi Marathas can avail of OBC reservation under the notification and non-Kunbi Marathas will be
covered under the 10% quota newly created for the community in Maharashtra.

WAY FORWARD
❇ That the Act providing for reservation has been passed unanimously shows that the political struggle is over.
❇ The state has to now prove with substance in the courts regarding the reservation. A PIL has already been filed in
the Bombay High Court saying that there is no compelling reason to provide such a reservation.
❇ The state will also have to balance the demands of other communities.
❇ The reservation must apply the sub-categorisation method of deprivation. The quota must be altered to meet the
reality of representation.
❇ The issue of double reservation also needs to be addressed effectively.

CONCLUSION
Although reservation is essential for the backward section of the society, the reservations must be implemented in a
way that considers other sections of the society. hence providing equal access to resources and equality for all citizens.

SAMPLE QUESTION
Q) Reservations in India was introduced to rectify the past and historical injustice against the backward classes in
India. With recent examples, discuss the pros and cons of reservation in India. (15 M)(250 W)

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CITIZENSHIP AMENDMENT ACT (CAA) RULES

Syllabus: GS II - Indian constitution, Significant Provisions and basic structure

PYQ MAPPING WHY IN NEWS?

The rules regarding Citizenship (Amendment) Act, 2019 have been finally
Q)Explain the salient features of the
notified after 9 extensions by the central government. The rules pave
Constitution (One Hundred and Fint
the way for Hindu, Sikh, Jain, Buddhist, Christian and Parsi refugees from
Amendment) Act, 2016. Do you think
Afghanistan, Bangladesh and Pakistan to acquire Indian citizenship without
It is efficacious enough to remove the
having a valid passport of these countries or an Indian visa.
cascading effect of taxes and provide
for a common national market for
goods and services? (2017) INTRODUCTION
Q) “The Constitution of India is a The Indian constitution only has provisions for identifying citizenship at the
living instrument with capabilities time of its adoption. It provided the power to the parliament to decide the
of enormous dynamism. It is a modalities of future citizenship. Consequently, the parliament first passed
constitution made for a progressive the Citizenship Act in 1955. It was later amended 6 times. The latest 2019
society.” Illustrate with special amendment specifically eased the path for citizenship to specific religious
reference to the expanding horizons minorities from 3 neighbouring countries.
of the right to life and personal liberty.
(2023)
OVERVIEW
SHORT TAKES
• Any person entering Indian borders without valid documents or
National Register of Citizens (NRC): overstaying their visa is considered an illegal migrant.
Established in 2003, the National
Registration of Citizens (NRC) in India • Such persons may seek asylum and become naturalised citizens
identifies lawful citizens and detects subject to conditions. The Citizenship Act 1955 provided that,
illegal immigrants, currently active • They are to apply for naturalised citizenship after 12 months of
in Assam and possibly extending to continuous stay in India.
other states. Nagaland is concurrently
developing a similar database • They have to prove that they were resident in India for a total
known as the Register of Indigenous of at least 11 years in the 14 years preceding the above 12
Inhabitants. months.

National Population Register (NPR): • They must renounce their previous citizenship, be of good
It is a register of all the usual residents character and have adequate knowledge in a scheduled language
of the country. It includes both Indian of India.
citizens as well as a foreign citizen. The • India's Parliament amended the Citizenship Act in 2019 to offer
first National Population Register was naturalised citizenship to persecuted minorities from 3 neighbouring
prepared in 2010. countries who arrived in India before 31 December, 2014. The 11
year rule has been reduced to 5 years for such people and on
proving their religion and home country they will not be treated as
illegal migrants.
• Application of the Act, however, has been excluded in the tribal
areas and those under the "Inner Line" permit system in India
ostensibly to preserve the cultural identity of these areas.

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NEED FOR CAA

Religious Persecution: Large cases of religious persecution are reported from these neighbouring nations. The CAA
aims to provide a pathway to Indian citizenship for minorities who face religious persecution.
Home of religions: India is the home of various religions like Hinduism, Buddhism, Jainism and Sikhism. The
persecuted minorities would want to settle here.
Inclusive tradition: India has long been the home of the persecuted religions like Parsis, Tibetan Buddhists and Sri
Lankan Tamils. It is part of the Athithi Devo Bhav culture.
Fast-Track Citizenship: India has been hosting a large number of refugees from these countries who have been
residing here for a long time. The reduced residence requirement from twelve years to six years will accelerate the
process of citizenship. There have been over 80,000 applications from Pakistani Hindus alone since 2010.
Legal Pathway for regularisation: The CAA offers a legal framework for granting citizenship, ensuring that eligible
migrants can regularise their status and enjoy the rights and privileges of Indian citizens.
Specific solution to a specific problem: It is the religious identity that is the cause of their persecution, so a special
provision is needed exclusively for them. This Act has a cut off date of 2014 ensuring that there is no exploitation.
Not against Indian citizens: The central government says that Indian citizens will not be affected as it only serves the
people coming from neighbouring 3 countries.

Provisions of the latest rules:

The latest rules have simplified the process for the eligible refugees considerably compared to other applicants for
naturalisation.
Online application: Application first goes to a district level committee and final in person verification will be
approved by an empowered committee. Both the committees will be instituted by the centre.
Proof of citizenship: Any document or certificate issued by these 3 countries that shows either the person or
their ancestors were from these countries will suffice. They are acceptable beyond the validity period also.
Passport or visa requirements are done away with.
Language criteria: A self-declaration regarding knowledge of a scheduled language and ability to speak it is
sufficient. No school certificates are needed.
Proof of entry to India: One among the list of 20 documents is sufficient as proof. It includes Aadhar card,
driving licence, valid visa, Indian birth certificate, academic certificate, marriage certificate etc.
Digital Citizenship Certificate: Upon approval, successful applicants will be granted a digital citizenship
certificate, symbolising their formal recognition as Indian citizens in the digital realm.

CRITICISMS OF CAA
Violation of Equality: By excluding Muslims and Jews from its benefits, the CAA could be seen as taking away the
basic right to equality enshrined in Article 14.
Religious test to citizenship: The CAA's focus on religion for citizenship contradicts India's commitment to secularism
(Preamble and Article 25-28), enshrined in its Constitution.
CAA leaves other refugees: The CAA excludes other refugee groups in India, such as Tamils Hindus and Christians
from Sri Lanka and Hindu Rohingya from Myanmar.
Diplomatic backlash: Highlighting religious oppression in neighbouring countries has led to diplomatic pushback.
These countries feel India is overstepping or portraying them in a negative light. The UN High Commissioner for
Human Rights, Amnesty International, US state department amongst others have raised concerns.
Protests across the nation: India saw strong anti-CAA protests, for example, Shahbag protests. Assam has seen
protests due to contradiction of CAA provisions with Assam Accord of 1985 which was religion neutral when it came
to illegal migrants. Some state governments like Kerala, Tamil Nadu, Karnataka and West Bengal have announced
that they will not allow CAA implementation.

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Futile exercise: The cut off date is 31 December 2014 and the rules have been notified almost 10 years later. The
recently persecuted migrants will not be benefitted.
Weakening the NRC: CAA weakens the NRC by offering a path to citizenship for some religious groups who might
have entered illegally before the cut-off date. This could render the NRC exercise pointless. Muslims were particularly
worried that the government could use the law, combined with a proposed citizenship registry, to marginalise them
Other discriminations: Religious identity does not necessarily have to be the sole criteria for discrimination. Political
identity, gender identity and even lack of religious identity ie, atheism may also be cause for persecution.
Muslim religious minorities: Many independent thinkers, secularists in these countries have been persecuted and
many have shown their willingness to settle in India. Shia, Hazaras and other Muslim minority sections like Rohingya
are also reportedly persecuted in their countries.
Political weapon: Opposition, independent and religious groups have alleged that it is nothing but a political
gimmick. The law was passed before the previous elections and the rules just before the impending elections.

Can States Not Implement CAA ?

Provisions of Citizenship come within the jurisdiction of the Parliament. Also, citizenship, naturalisation and
aliens come under the Union List (item 17).
The Constitution allows only for single citizenship too. Thus, states have no role in the decision or implementation
of citizenship in general and CAA provisions in particular.
However, the states may raise the issue to the judicial review and seek its interpretation on the matter.
Interestingly, the process has been made online and side-steps any official state intervention. For example,
any other person seeking naturalisation would have to apply to the district collector but the eligible refugees
from the 3 countries can use the online route.
A state not implementing central law may create a case of failure of constitutional machinery in the state
invoking grounds for the president's rule under Article 356.
States may not accede to the request to resettle the refugees in their territory. But the costs of such a
decision, including the political costs of denying refuge may weigh heavily against the state.

COMPARISON BETWEEN CENSUS, NPR, NRC AND CAA

Census NPR NRC CAA

Citizenship Act Citizenship Act 1955;

Citizenship Act 1955 and its
Legal Basis Census Act 1948 1955; Citizenship Citizenship Rules,
amendments
Rules, 2003 2003
To identify Indian
To enumerate To provide an citizens and illegal
Provides ways and means of
the population NPR smart cards migrants. For
Purpose obtaining and losing indian
and demography for government targeted delivery
citizenship.
related data programmes of government
programmes
Eligible individuals seeking
covers all Indian citizenship and those
individuals residing Excludes Non citizens losing citizenship. 2019
Includes usual
Coverage in India including focusing solely on Amendment focus on the
residents
foreigners staying Indian citizens persecuted minorities from
more than 21 days Pakistan, Afghanistan and
Bangladesh.

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Census NPR NRC CAA

Managed by state
governments under Central
Registrar General Registrar General
Ministry of Home supervision. For 2024 rules
Implementation and Census and Census
Affairs for persecuted minorities,
Commissioner Commissioner
the central government has
full control.
Not implemented
First conducted in
nationally yet. Assam 6 Amendments. Recent being
Last Conducted 2011 2010. Updated in
had conducted NRC 2019.
2015.
under Assam Accord.
Yes. Government
No. Government
cannot use the No. Government has No. Government has control
Confidentiality has control and
data to identify control and access and access
access
anyone.
Yes. Citizens are
Yes. They are
No. Respondents required to prove
bound to provide Not applicable. Only rejection
may choose their citizenship.
Punishments information. But of application if not eligible
not to disclose Will face legal
no verification for citizenship.
information. proceedings
needed.
otherwise

WAY FORWARD
Addressing Concerns: The government could consider reviewing the CAA to address concerns about religious
discrimination. This might involve revisions to include other persecuted groups.
Transparency in Implementation: Ministry of External Affairs have responded to global criticisms of CAA by stating
that they are “misplaced, misinformed and unwarranted”. It said that CAA is about inclusion and not exclusion. The
government must now walk the talk and tread with sensitivity and compassion to all sections in this matter
Open Dialogue: Fostering open dialogue between the government, religious communities, and civil society is
essential. This can help build trust, address anxieties and fake news, and find common ground. Toning down the
political bugle on CAA will help.
Judicial Review: More than 200 petitions against the CAA have reached the Supreme Court which in its first hearing
has sent a notice to centre and posted the case to April 9th. The Supreme Court is expected to solve the issue of
constitutionality amicably.

CONCLUSION
The central government brought in the CAA reportedly as it addresses the issue of statelessness, provides human dignity
and supports human rights. But the cost of this entire process has been put in doubt with the way the Act and now the
rules have been handled and timed. It will augur well for all sides if good sense and restraint prevails everywhere. The
Supreme Court, as the ultimate defender of the Constitution, now holds the responsibility of examining the CAA. They
must determine if the religious classification within the Act is fair and justifiable under Article 14, which guarantees
equal treatment before the law.

SAMPLE QUESTION
Q) Critically examine the Citizenship Amendment Act (CAA), 2019, with specific reference to its implications for India's
secular character and its potential impact on national security. Suggest any measures that could be taken to address
the concerns associated with the Act. (15 M)(250 W)

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CONCLUSION Your Notes

•

SAMPLE QUESTION

General Studies Paper - II-

PYQ MAPPING WHY IN NEWS?

SHORT TAKE
•
-

(2016)
Q2) -

•
(2018)
Q3) -

INTRODUCTION
(2020)
•

FEATURES OF THE BILL

•

•
•

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ARGUMENTS IN FAVOUR OF THE BILL ARGUMENTS AGAINST THE BILL

• • Undermining
NCCSA
•

•
•

CONFLICT IN CURRENT DELHI GOVERNANCE MODEL

•

•
•

WAY FORWARD
• state list

• )
•

CONCLUSION
•

SAMPLE QUESTION

Your Notes

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SOME IMPORTANT JUDGEMENTS OF KERALA

HIGH COURT IN 2023

Plastic Ban : Kerala High Court Lifts Ban On Non-Woven Bags Of 60 GSM & Above
The court held that the inclusion of non-woven bags of 60GSM and above in the list of banned
single use plastic items by Government Orders without regard to the GSM standards, and in viola-
tion of the provisions of the Plastic Waste Management Rules, 2016 as arbitrary and illegal.

In A First, Kerala High Court Orders Appointment Of Independent Counsel To

Represent Child In Custody Case
In an unprecedented move, the Kerala High Court directed the appointment of an independent
counsel for rendering pro bono legal services to represent a child in a custody battle between
its parents as the child’s best interests were properly represented in the 'wrangle' between the
mother and father.

Assisted Reproductive Technology Act- Enforcing Upper Age Limit On Couples Who
Were In The Middle Of Treatment Is Arbitrary
The imposition of age restriction under the ART (Regulations) Act, 2021 without a transition-
al provision, is irrational and arbitrary. Court also ruled that the upper age limit of 50 years for
women and 55 years for men is not excessive and arbitrary.

Pedestrian Crossings Must Be Marked & Enforced On All Main Roads: Kerala High Court
Orders State Govt, NHAI To Take Necessary Action
The Court called marking pedestrian crossing a "forensic duty" of the authorities. Slamming the
State Insurance Department for its argument that a person crossing the road using 'zebra cross-
ing' is required to be extra careful, the Kerala High Court held that unless negligence is specifically
proved such an inference cannot be made.

Every Unmarried Daughter Has Right To Get Reasonable Marriage Expenses From Her
Father Irrespective Of Religion
It is a right of every unmarried daughter irrespective of her religion. There cannot be a discrimi-
natory exclusion from claiming such a right based on one's religion.

'Unhealthy, Unscientific & Deleterious Practices To Be Prevented, Even If Done In Name

Of Religion': Kerala High Court On Animal Sacrifice
If it is found that slaughter of animals and birds is taking place in the precincts of a building,
immediate action ought to be taken to stop the same and appropriate action under the Kerala
Animals and Birds Sacrifices Prohibition Act ought to be taken.

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Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without
Any Valid Reason: Kerala High Court Slams Online Media Channels
The court observed that publication of another person's private moments for public viewing is, by
itself, an offensive act, even if there is no law preventing such action. Court said that channels are
showing more sleaze than news. It is for those channels to introspect and decide whether, by the
action of a few, faith in the fourth estate, a powerful pillar of our democracy, is getting eroded.
Humans forget, but the internet does not forget and does not let humans forget.

Dowry Demand Without Ingredient Of Cruelty Not An Offence U/S 498A IPC
It held that when both elements of demand and cruelty are combined, then liability would be
fastened on an accused. Cruelty, the court said, under IPC 498A would mean harassment and
coercion for an unlawful demand.

'Safe Sex' Education Need Of The Hour: Kerala High Court Suggests Govt To Constitute
Committee To Address Issue
Kerala High Court suggested introducing 'safe sex education' in school and college curriculums.
The Court asked the Chief Secretary to take appropriate action in this regard.

'Sexism Is Not Cool, Real Men Don't Bully Women': Kerala HC Asks Schools To Focus On
Character Building, Teach Etiquettes As Part Of Curriculum
The Kerala High Court, noting the increasing instances of sexual harassment against students in
schools and colleges, observed that lessons in good behaviour and etiquette must be part of the
curriculum and at least at the Primary Class level, teachers must be encouraged to instil virtues
and values in students.

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise

Reliable
The evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely
because the sexual abuse began when she was a child but she did not disclose it until she was
much older.
A child who was subjected to sexual assault by her father, not disclosing the same to anyone
during her childhood, is no reason to think that what is spoken to by her at a matured age is false.
The question whether the evidence tendered by such a person is reliable, is to be decided having
regard to the facts and circumstances of each case.

Seized Property Ought Not To Remain In Police/ Court Custody For Longer Than Abso-
lutely Necessary: Kerala High Court
Section 451 CrPC which empowers the criminal courts to make orders for interim custody of
seized property produced before it during trial The court held that the seizure of the property
by the police amounts to a clear entrustment of the property to a Government servant, and the
property should be restored to the original owner after the necessity to retain it ceases.

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SOME IMPORTANT JUDGEMENTS OF SUPREME

COURT IN 2023
Fundamental rights lie not only against the State, but also against non-State actors
Kaushal Kishor v. State of UP
A five-judge Bench held that fundamental rights can be enforced not only against the State, but
also against non-State actors. The Court held that the right to freedom of speech and expression
could only be curtailed by reasonable restrictions laid down under Article 19(2) of the Constitution.
The Court held that this was an exhaustive list and that new restrictions could not be imposed in
addition to these grounds.
Supreme Court upholds the decision of Demonetisation
Vivek Narayan Sharma v. Union Of India
The Supreme Court Constitution Bench upheld the decision taken by the Union Government six
years ago to demonetise the currency notes of Rs. 500 and Rs.1000 denominations. The majority
held that Centre's notification dated November 8, 2016 is valid and satisfies the test of proportion-
ality. Justice BV Nagarathna in her dissenting view held that though demonetization was well-inten-
tioned and well thought of, it has to be declared unlawful on legal grounds.
Supreme Court upholds abrogation of Article 370
In Re Article 370 of the Constitution of India
A Constitution Bench unanimously upheld the 2019 decision of the Central government to abro-
gate Article 370 of the Constitution, which revoked the special status accorded to the erstwhile
State of Jammu and Kashmir. The Court held that Article 370 was only intended as a transitory
provision and was temporary in character and thus, the President was empowered to abrogate it.
The court pointed out that Jammu and Kashmir ceased to have any internal sovereignty once it
acceded to the Union of India.
No legal recognition for same-sex marriages, civil unions
Supriyo v. Union of India
The Supreme Court refused to grant legal recognition to same-sex marriages, with the majority
leaving it to the legislature to provide non-heterosexual couples the right to enter into a legally
recognised marriage, a civil union or to adopt a child. All the judges were unanimous in holding
that there is no unqualified right to marriage and that same-sex couples cannot claim this as a
fundamental right.
'Ensure Manual Sewer Cleaning Is Completely Eradicated'
Dr.Balram Singh vs Union of India
The Supreme Court has issued a slew of directions to the Union and the State Governments to en-
sure that the abhorrent practice of manual scavenging is totally put to an end by strict implemen-
tation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The Court directed that the process of manual cleaning of sewers is completely eradicated and to
ensure that no individual has to manually enter sewers for any purpose
Parole period can't be included in period of actual imprisonment
Rohan Dhungat vs State of Goa and Ors
Supreme Court held that the Parole period has to be excluded from the period of sentence under
the Goa Prison Rules, 2006 while considering 14 years o f imprisonment for premature release. The
bench held that if the parole period is included as part of the sentence period, then any prisoner
who is influential enough may get parole several times.

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'Woman Not A Chattel, Has Identity Of Her Own; Marriage Won't Take Away Her Iden-
tity' : Supreme Court Strikes Down Income Tax Provision
Association of Old Settlers of Sikkim vs Union of India
The Supreme Court held that excluding Sikkimese woman merely because she marries a non-
Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act
is is totally discriminatory and thus unconstitutional. The Court also held that the exclusion of
old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India
on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) of Income Tax Act is
unconstitutional.

Land cannot be kept under temporary acquisition for years, it violates right to
property under Article 300A : Supreme Court
Manubhai Sendhabhai Bharwad and Another Versus Oil and Natural Gas
Corporation Ltd. & Others
The Supreme Court held that, “to continue with the temporary acquisition for number of years
would be arbitrary and can be said to be infringing the right to use the property guaranteed under
Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a
longer period can be said to be unreasonable, infringing the rights of the landowners to deal with
and/or use the land.”
Supreme Court upholds laws allowing jallikattu, kambala & bull-cart racing In Tamil
Nadu, Karnataka & Maharashtra
The Animal Welfare Board of India And Ors. v. UoI And Anr.
A Constitution Bench of the Supreme Court upheld the constitutional validity of the State amend-
ments made to the central law Prevention of Cruelty to Animals Act by the States of Tamil Nadu,
Karnataka and Maharashtra to allow the conduct of animal sports like Jalikattu, Kambala and bull-
cart racing in these respective States.

Right to Die: Supreme Court makes it easier for persons to opt for passive euthanasia
Common Cause v. Union of India
The Supreme Court has modified the slew of directions relating to advance medical directives, or
living wills issued in a 2018 judgement that had recognised the right to die with dignity as an inex-
tricable facet of the right to live with dignity under Article 21 of the Constitution, and had, accord-
ingly, upheld the legal validity of passive euthanasia.
'Courts should not further the notion that only male child will assist parents in old age;
avoid patriarchal remarks' : Supreme Court
Sundar @ Sundarrajan v. State by Inspector of Police
The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments.
A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Nara-
simha was deciding a petition seeking to review the death penalty awarded to a convict for the
kidnap and murder of a 7-year old boy.
Children of invalid marriages have right in their parent's share in hindu joint family
property: Supreme Court
Revanasiddappa vs. Mallikarjun C.A. No. 2844/2011 and connected cases
The Court held that children born out of void/voidable marriages are entitled to inherit a share in
the property of their deceased parents which would have been allotted to them on a notional par-
tition of the Hindu coparcenary property. However, such children are not entitled to the properties
of any coparcener other than their parents.

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REGIONAL BENCHES OF THE SUPREME COURT

Syllabus: GS II - Judiciary (structure, organisation functioning)

PYQ MAPPING WHY IN NEWS?

Q) Critically examine the Supreme Recently, the Parliamentary Standing Committee on Personnel, Public
Court’s judgement on ‘National Judicial Grievances, Law and Justice informed the Lok Sabha that the Law
Appointments Commission Act, 2014’ Ministry has accepted its recommendation to establish regional benches
with reference to appointment of of the Supreme Court (SC) across India.
judges of higher judiciary in India.
(2017) INTRODUCTION
Q) What was held in the Coelho case? The Law Commission of India in its 95th and 229th reports recommended
In this context, can you say that judicial the establishment of a Constitutional Bench in Delhi and the creation
review is of key importance amongst of four Cassation Benches in different regions of India, namely Delhi
the basic features of the Constitution? (Northern region), Chennai/Hyderabad (Southern region), Kolkata
(2016) (Eastern region) and Mumbai (Western Region).

OVERVIEW
SHORT TAKES
• According to Article 130 of the Constitution, the Supreme Court
Cassation Bench: It is an appellate
shall sit in Delhi or in such other place or places, as the Chief Justice
court which focuses solely on
of India may, with the approval of the President, from time to time,
interpreting the law that was applied
appoint.
in the lower court decision rather than
re-examining the facts of a case. The • At present, Special Leave Petitions (SLPs) constitute over 90% of
primary function of a cassation bench the Supreme Court’s docket.
is to review the legal reasoning used • The Supreme Court witnessed a 31% increase in the disposal of
by the lower court and to determine cases in 2023, compared to 2022.
whether it was correct.
• With an improved rate of disposal, the Supreme Court in 2023 heard
more than 20 Constitution bench cases and delivered judgments in
at least 18 of those.

NEED FOR REGIONAL BENCHES

➡ Judicial backlog: According to the National Judicial Data Grid (NJDG) dashboard, as of November 2023, there are
over 80,000 cases awaiting resolution in the Supreme Court.
➡ Overburdened: Currently, the Supreme Court is overburdened with matters such as transfer petitions, arbitral
appeals, etc. which it has no business hearing.
» It would be appropriate for a court of cassation to hear such matters.
➡ Access to justice: It will bring justice closer to their location, making it easier for litigants from different parts of
India.
» E.g. It reduces the additional cost associated with litigation such as travel and accommodation expenses at Delhi,
and loss of income due to spending time away from regular work during the said period by the litigant.
➡ Reduce geographical bias: There exists a regional disparity in the number of cases and the representation of judges
in the Supreme Court.
» As per a 2011 study conducted by the legal scholar Nick Robinson, a majority of the cases before the Supreme
Court are from High Courts close to Delhi.
» In 2023, the Delhi High Court (with a sanctioned strength of 60 judges), alongside the Allahabad High Court
(with a sanctioned strength of 160 judges) was the most represented region in the Supreme Court with 4 judges
each.

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➡ Enhanced focus on constitutional matters: The regional benches dealing with all appellate work arising out of the
orders/judgments of the High Courts of the particular region, enables the main bench in New Delhi to exclusively
address constitutional issues.
➡ Global examples:
» France has implemented a system comprising a separate court of appeal and courts of cassation.
» The US permanent appellate court includes nine of the senior-most judges from the cassation courts.

BENEFITS OF CONSTITUTING REGIONAL BENCHES

🌟 Efficiency: By distributing the workload more evenly across the country, the regional benches allocate more
resources to reduce judicial backlogs and ensure timely resolution of cases.
🌟 Specialisation: Regional benches would serve as specialised courts to handle cases related to specific areas of law
or those arising from the regions they serve.
🌟 Relevant and effective judgements: Familiarity and greater understanding of regional laws and customs enables
the judges in the regional benches in delivering faster and effective verdicts.
🌟 Legal development: Establishing regional benches could promote the development of legal infrastructure and legal
expertise across the country, empowering local legal professionals who cannot afford to relocate to Delhi.
🌟 Greater opportunities: It would lead to a robust Supreme Court Bar at the regional level that provides greater
opportunities and the democratisation of the Bar.
» The Tis Hazari Court which was divided into different district courts now has a vibrant District Bar in Saket, Rohini,
and Karkardooma.

ISSUES WITH CONSTITUTING REGIONAL BENCHES

🛑 Frivolous petitions: With easier access to justice, there is a possibility of numerous frivolous petitions being filed.
🛑 Conflicting precedents: Regional benches are likely to contribute to a growing body of conflicting precedents due
to divergent views of the courts of cassation, resulting in increased litigations.
🛑 Balkanization of the SC: Establishing regional benches could diminish the sacrosanct status of the centralised
Supreme Court and weaken the Supreme Court bar at the Centre.
🛑 Cost of infrastructure: The setting up of regional benches demands huge amounts of economic and human
resources.
» Financial costs of infrastructure (Constructing court buildings, offices, and facilities), equipping regional benches
with modern technology, operational costs (salaries and benefits, maintenance and utilities) and staffing (hiring
and training administrative staff, support staff, judges and experts) etc.
🛑 Location of regional benches: Determining the optimal number of regional benches and their strategic geographic
locations could lead to competition and disputes between different states or regions.
🛑 Funding source: There is no clarification on whether funding for setting up regional benches would come from the
central government, state governments, or a combination of both would be necessary.
🛑 Impact on lower courts: Appointing judges and skilled staff to regional benches could further strain existing
vacancies and resource shortages within regular lower courts.

WAY FORWARD
❇ Scrutinising mechanism: A mechanism which scrutinises the types of petitions that are permitted to be admitted
in the top court should be put in place.
❇ Hybrid hearings: A mechanism that allows preliminary and admission hearings to take place virtually, while final
hearings are conducted physically should be implemented.
» The relative success of virtual hearings by courts during the pandemic indicates that hybrid hearings are a
potential alternative to regional benches.

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❇ Use of technology: Technology can ensure uniformity in decisions by keeping judges updated about views of
different regional benches.  
» High Courts having more than one bench making only a few conflicting decisions indicates the success in this
regard.
❇ Quasi-judicial bodies: The top court can depend on quasi judicial bodies such as NCLT, NCLAT, tribunals, Lokpal etc
to reduce the burden of cases.
» Around 60,000 cases that are currently pending adjudication in the SC are civil cases.

CONCLUSION
The establishment of regional benches will increase the number of judges as well as lawyers resulting in a much-needed
boost to our judicial system. However, certain exclusive powers of the Supreme Court such as its original jurisdiction
under Article 131, its advisory jurisdiction under Article 143, and its writ jurisdiction under Article 32 of the Constitution
should be retained.

SAMPLE QUESTION
Q) Decentralising justice through regional Supreme Court benches is the need of the hour. Critically analyse.
(10 M)(150 W)

PANCHAYATS AS SELF GOVERNING INSTITUTIONS

Syllabus: GS II - Devolution of powers and finances to local levels; challenges therein.

PYQ MAPPING WHY IN NEWS?

Q) To what extent, in your opinion, as Three decades have passed since the 73rd and 74th Constitutional
the decentralisation of power in India Amendments Acts came into effect.
changed the governance landscape at
the grassroots? (2022)
INTRODUCTION
Q) Assess the importance of the
Panchayat system in India as a part Panchayat or ‘Panchayati Raj’ are institutions of local self government
of local government. Apart from envisaged through the 73rd and 74th Constitutional Amendments Acts.
government grants, what sources the It has been well-established in almost every state except Nagaland,
Panchayats can look out for financing Meghalaya, and Mizoram and all Union Territories except Delhi.
developmental projects. (2018)

OVERVIEW
• Article 40 of the Constitution outlines the organisation of village
panchayats and their empowerment to function as units of self-
government.
• The Ministry of Panchayati Raj was constituted in 2004 to strengthen
rural local governments.
• Panchayati Raj is the three-tier system at the rural level which
includes:
• Gram Panchayat at the village level
• Block Panchayat or Panchayat Samiti at the intermediate level
• Zilla Panchayat at the district level

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SC RULING ON IMMUNITY OF MPs AND MLAs

Syllabus: GS II - Indian Constitution & Judiciary

PYQ MAPPING WHY IN NEWS?

Q) The ‘Powers, Privileges and In a landmark judgement, the Supreme Court ruled that Members of
Immunities of Parliament and its Parliament (MPs) and Members of Legislative Assemblies (MLAs)
Members’ as envisaged in Article 105 cannot claim any immunity from prosecution for accepting bribes to
of the Constitution leave room for cast a vote or make a speech in the House in a particular fashion.
a large number of un-codified and
unenumerated privileges to continue. INTRODUCTION
Assess the reasons for the absence of
legal codification of the ‘parliamentary The Supreme Court of India ruled that MPs and MLAs cannot claim
privileges’. How can this problem be immunity from prosecution on a charge of bribery.
addressed? (2014) » The court disagreed with a 1998 ruling and stated that the claim of
Q) What do you understand by the privilege to seek immunity fails the twofold test.
concept of “freedom of speech and » The purpose of Articles 105 and 194 is to sustain an environment for
expression”? Does it cover hate speech debate and deliberation within the legislature.
also? Why do the films in India stand
on a slightly different plane from other The case stated in 1998 due due to a non-confidence motion against
forms of expression? Discuss. (2014) P V Narasimha Rao, where the CBI took up the investigation under the
Prevention of Corruption Act, 1988 against Jharkhand Mukti
Morcha (JMM) chief Shibu Soren and three other party MPs
for receiving bribes and voting against the no confidence
motion.

WHAT ARE PARLIAMENTARY PRIVILEGES?

Parliamentary privileges are special rights, immunities and
exemptions enjoyed by the members of the Parliament and
their committees.
These privileges are defined in Article 105 of the Indian
Constitution.
Article 194 guarantees same privileges to the Members
of Legislative Assemblies of states.
Under these privileges, the members of Parliament are
exempted from any civil liability (but not criminal liability)
for any statement made or act done in the course of their
duties.

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HISTORY OF THE JUDGEMENT

• 1998 PV Narasimha Rao judgement: Prime Minister P.V. Narasimha Rao was accused of bribing other members to
vote against a no-confidence motion initiated against the government. Also known as the Jharkhand Mukti Morcha
(JMM) bribery case of 1998.
• A five-judge bench held by a 3:2 majority that members of parliament and state legislatures were immune from
prosecution in bribery cases.
• Immune from bribery cases related to their speech or vote in the house in enjoyment of the parliamentary
privileges conferred by Articles 105(2) and 194(2) of the Constitution.
• Provided they upheld their end of the bargain for which they received a bribe.
• 2006 Kuldip Nayar v. Union of India: Held that elections to the Rajya Sabha are not proceedings of the legislature
but a mere exercise of franchise and therefore fall outside the ambit of parliamentary privileges under Article
194.
• 2014 Special Leave Petition: The 1998 verdict was doubted in an appeal by Jharkhand Mukti Morcha leader Sita
Soren who was accused of accepting a bribe for a 2012 Rajya Sabha vote.
• She claimed immunity under Article 194(2) of the Constitution, but the Jharkhand High Court dismissed her
plea, leading to the challenge in the Supreme Court.
• 2023 Sita Soren v Union of India: A seven-Judge Bench unanimously held that a lawmaker does not enjoy immunity
under Articles 105(2) and 194(2) of the Constitution against bribery.
• It also overruled the observations in Kuldip Nayar v. Union of India (2006) and clarified that the principles
enunciated by the verdict regarding legislative privileges will apply equally to elections to the Rajya Sabha and
to appoint the President and Vice-President of the country.

IMPORTANCE AND OUTCOME OF THE JUDGEMENT

No Absolute Freedom of speech in Parliament: Freedom of speech in Parliament and the legislatures helps
members to express the grievances of their constituents, express diverse perspectives and ventilate the perspectives
of their constituents.
» Freedom of speech in Parliament ensures that the government is held accountable by the House.
» The recent judgement has categorised that privileges to MPs and MLAs are not absolute or unqualified.
Privileges Not a mark of status: Parliamentary privileges does not make legislators stand on an unequal pedestal,
but are guaranteed freedoms necessary to be in furtherance of fertilising a deliberative, critical, and responsive
democracy, adding it is for the legislator claiming a privilege against an action to satisfy that the privilege exists.
Bribery, a crime: A member engaging in bribery commits a crime, which may be unrelated to their ability to vote
or to make a decision on their vote.
Jurisdiction of Court: The Constitution bench said that the courts and the House exercise parallel jurisdiction over
allegations of bribery.
» The verdict pointed out that the Court’s jurisdiction to prosecute a criminal offence and the authority of the
House to take action for a breach of discipline operate in distinct spheres.
» Thus, judicial proceedings cannot be excluded merely because bribery charges can also be treated by the House
as contempt or a breach of its privilege.
A New test: According to the CJI, privileges will be governed by a two-fold test.
» First, the privilege claimed has to be tethered to the collective functioning of the House and
» Second, its necessity must bear a functional relationship to the discharge of the essential duties of a legislator.
» Accordingly, it was held that constitutional immunity from prosecution on a charge of bribery in connection with
a vote or speech in the legislature fails to fulfil such a test.

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Improved Scope of the Privileges: The Verdict pointed out that immunity guaranteed to legislators has been
colloquially called a “parliamentary privilege” and not “legislative privilege” for a reason.
» Thus, it cannot be restricted to only law-making on the floor of the House but extends to other powers and
responsibilities of elected members, which take place in the legislature or Parliament, and even when the
House is not in session.

RELATED ISSUES
No laws on privileges: Parliament has not made any special law to exhaustively codify all the privileges.
» They are based on Constitutional provisions, Various laws made by Parliament, Rules of both the Houses,
Parliamentary conventions and Judicial interpretations.
» This is why lawmakers escape prosecution by saying the wrongs done are part of these privileges.
Scope of privileges: It is tough to determine the scope and limits of parliamentary privileges.
» While these privileges are intended to protect the independence and integrity of the legislative process, they
can also shield lawmakers from accountability and scrutiny.
Against constitutional principles: Parliamentary privileges conflict with constitutional principles like, for instance,
equality before the law.
» For example, the privilege of immunity from arrest and legal process may be seen as giving members of parliament
special privileges that are not available to other citizens.
Lack of transparency: The process of enforcing parliamentary privileges in India is opaque and lacks transparency.
Hence, it is difficult to hold lawmakers accountable for their actions and undermine public trust in the legislative
process.
Inadequate Checks: There is lack of adequate oversight and mechanisms for enforcing parliamentary privileges.

WAY FORWARD
Urgent need for Codification: Without a codified law on what constitutes a privilege, it will airways be misused.
Responsible use: The Speaker must make sure that the privileges are used responsibly by the legislators and not
used to make inflammatory or offensive comments or false or baseless allegations.
» Members of parliament should not abuse them for personal or political gain.
Transparency and Accountability: Members of parliament should be transparent in their use of privileges and
should be made accountable for their actions.
Strict Adherence: There must be strict adherence followed with respect to Parliamentary procedures. This includes
respecting the rules and standing orders regulating the procedure of Parliament, and adhering to the principles of
impartiality and fairness.

CONCLUSION
This verdict by the Supreme Court will not only ensure clean politics but will also deepen people’s faith in the system.
It sets right the law which should have been done earlier. Now it is time that the government do the needed changes in
the rules and use privileges for the reasons it was intended initially.

SAMPLE QUESTION
Q) The Privilege provisions in the Constitution protect the Members of Parliament or MLAs for the discharge of their
duties and not to give them additional benefits. Explain the above with respect to recent judgements on immunity.
(10 M)(150 W)

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GRASS ROOT DEMOCRACY AS A BULWARK AGAINST

MAOISTS
Syllabus: GS I - -Social Empowerment, GSII-Panchayats & GSIII-Challenges to Internal Security.

PYQ MAPPING WHY IN NEWS?

Q) What are the determinants of Elections in Maoist strongholds, that are Schedule Five areas, have always
left-wing extremism in the Eastern been affected by violence in the backdrop of boycott calls by the Maoists.
part of India? What strategy should And this year was no different with respect to the Assembly elections in
the Government of India, civil Chhattisgarh.
administration and security forces
adopt to counter the threat in the INTRODUCTION
affected areas? (2020) • The party with which the tribal voter goes forms the government in
Q) The persisting drives of the the State of Chhattisgarh as tribal voters have a 34% of the vote share
government for development of in the State.
large industries in backward areas • But there was dismal voter turnout in the state. For instance, voter
have resulted in isolating the tribal turnout in maoist-affected areas such as Bijapur and Konta was as low
population and the farmers who as 3% to 4%.
face multiple displacements. With
Malkangiri and Naxalbari foci, discuss WHAT IS LEFT-WING
the corrective strategies needed to EXTREMISM?
win the Left-Wing Extremism (LWE) • Also known as Naxalism
doctrine that affected citizens back and Maoism, is a form of
into the mainstream of social and armed insurgency against
economic growth. (2015) the State motivated by
leftist ideologies.
SHORT TAKE
» They are against
• India has the world's largest democratic institutions
tribal population, and the tribal and use violence to
community of India is most subvert the democratic
economically underprivileged in processes at the ground
the society. level.
• As per the Census 2011, the tribal » These groups prevent the developmental processes in the least
population constitutes about 8.9% developed regions of the country & try to misguide the people by
of the total population in India. keeping them ignorant of current happenings.
• Maoist armed groups have a presence in 104 districts across 13 of
India’s 29 states.

WHY IS THERE LOW VOTER TURNOUT IN MAOIST AFFECTED AREAS?

➡ Call for Boycott: Maoists are for the people’s cause is the idea that insurgents use to make tribals boycott elections.
» The uneducated people are forced to shun the most effective tool towards their empowerment, i.e., by not
participating in the democratic process.
➡ Parallel Government: Maoist run the so called ‘jantana sarkar’. This has discouraged mass participation in the
democratic process. This aspect is appreciated by the local tribal population, and the state has not been able to
inspire them out of this idea.

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➡ Not addressing the basic issues: The political parties diverted away from the basic issues faced by the tribals.
» The ‘manufactured agenda’ such as religion-based conversions played a major role in elections and this was
not what tribals faced as concerns.
» There is lack of political will to implement the Panchayats (Extension to Scheduled Areas) Act (PESA) passed in
1996.
➡ Corruption and discrimination: The tribals face discrimination from the parties and are forced to provide bribes to
get works done.
» Tribals are seen as parting with the Maoists by the authorities and vice versa.

HOW CAN GRASS ROOT DEMOCRACY PLAY AGAINST MAOISM?

• Gram Sabhas: The PESA Act envisions the empowerment of gram sabhas as the sole authority to govern various
aspects of the socio-economic lives of the tribal community in the respective jurisdiction.
» This brings people at the grassroots level face to face with the government, and is aligned to the tribal way of
life in historical and traditional terms.
» This could render the Maoists, whose influence is receding, irrelevant as this act is the greatest enabler to
mainstream the tribal community.
• Tribal leadership: There is political absenteeism as tribal leaders should be nurtured by acknowledging them and
giving them a voice where it matters the most.
• Enhanced security: The counter insurgency activities are already in place and the government has deployed CAPFs
like CRPF, BSF, and ITBP in LWE-affected areas .
» The need of the hour is to protect the tribals who voice against the Maoists.
» The tribal rights must be acknowledged and atrocities from the Police must be brought to zero.
• Proper Implementation of schemes: Educational (Eklavya Model Residential Schools (EMRS)), Economic (Pradhan
Mantri Vanbandhu Vikas Yojana), Infrastructure (The Pradhan Mantri Adi Adarsh Gram Yojana (PMAAGY)) and Health
(Nikshay Mitra initiative) related schemes are already in place.
» The state government should focus on the implementation side of these schemes.
• Increased awareness: Awareness regarding the rights of Tribals, PESA Act and facts about maoists must be
continuously communicated through social media and Television.
» Programs like the Janjatiya Gaurav Divas must be held frequently to create a sense of belongingness and to
showcase the contribution of tribal communities to the country.
» The Janjatiya Gaurav Divas is celebrated to remember the contribution of tribal freedom fighters.

CONCLUSION
Given its significant potential, the PESA Act could serve as a powerful tool to integrate the tribal community by
accommodating their aspirations. Its determined implementation is feasible in the medium and long term. Additional
steps must also be taken to inculcate confidence in the government and make the tribal people aware that democracy
is by the people, for the people and to the people.

SAMPLE QUESTION
Q) Evaluate how the implementation of Grass root democracy in LWE areas can act as bulwark against the maoists.
(10 M)(150 W)

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SOME IMPORTANT JUDGEMENTS OF SUPREME

COURT IN 2023
Actions can be taken against Officers of Armed Forces for Adulterous Acts:
Supreme Court
Joseph Shine vs Union of India
The Supreme Court ruled that Armed forces can take action against their officers for adulterous
acts, clarifying a landmark judgement of 2018 which decriminalised adultery. A five-judge Consti-
tution bench headed by Justice K M Joseph said that the 2018 judgegement did not concern the
provisions of the Armed Forces Acts.

Supreme Court directs appointment of Election Commissioners on advise of Commit-

tee comprising Prime Minister, Leader of Opposition and CJI
Anoop Baranwal v. Union of India
A Constitution Bench of the Supreme Court has ordered that Election Commissioners will be ap-
pointed by the President of India on the advice of a Committee consisting of the Prime Minister,
and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief
Justice of India.

Bhopal Gas Tragedy: Supreme Court Dismisses Centre's Curative Petition Seeking Addi-
tional Compensation From UCC
UoI And Ors. v. M/s. Union Carbide Corporation And Ors. Curative Petition
A Constitution Bench of the Supreme Court dismissed the curative petition filed by Central Govern-
ment seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals)
to claim additional compensation for victims of the Bhopal Gas Tragedy of 1984.

Disqualification not only affects the rights of the individual but also that of the elec-
torate he/she represents in the Parliament
Rahul Gandhi vs Purnesh Ishwarbhai Modi & Anr.
The Supreme Court stayed the conviction of Congress leader Rahul Gandhi in a criminal defama-
tion case for the ‘Modi’ surname remark he allegedly made during a political rally in 2019. The stay
has paved the way for Mr. Gandhi to return to Parliament.

Supreme Court issues direction to expedite Adoption processes

Temple of Healing V. Union of India
The Supreme Court issued directions to expedite adoption processes. It also directed States to con-
duct drives to identify adoptable children and establish adoption agencies. The Supreme Court said
that children living in child care institutions (CCI), whose parents have not visited them for over a
year or have “unfit” parents or guardians, should be identified and brought into the adoption pool.
The court ordered States and Union Territories to begin a bi-monthly drive to identify children in
the orphaned-abandoned-surrendered (OAS) category in CCIs.

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Supreme Court directs lowers courts to decide on pending Bail applications

Ritu Chhabaria v. Union of India
The Supreme Court, in a rather unusual order without relying on its own judgment of April 26,
directed lower courts to decide pending default bail applications. The April 26 judgment had held
that central agencies cannot deny accused persons their right to default bail by filing multiple
supplementary chargesheets and seeking renewed custody.

Guidelines modified for Senior Advocate Designation

Indira Jaising vs Supreme Court of India
The Supreme Court passed directions in pleas seeking modifications in the guidelines regulating
the conferment of the designation of Senior Advocates as laid down in its 2017 Judgment (Indira
Jaising V. Supreme Court of India). The Bench directed that the method of "Secret Voting" by the
full court should be the exception and not the rule.

Termination of Pregnancy - unethical if child and mother is healthy: Supreme Court

X v. Union of India
The Supreme Court declined a married woman’s plea to medically terminate her 26-week preg-
nancy, saying the court is averse to ordering doctors to “stop the heartbeat” of the foetus when
medical reports say she will give birth to a “viable baby”. The three-judge Bench made it clear that
the woman cannot claim an “absolute, overriding right” to abort, especially when multiple reports
from the AIIMS medical board have confirmed that there was no immediate danger to her life or
that of the foetus.

Back-to-Back service extensions of ED Director illegal: Supreme Court

Dr.Jaya Thakur vs Union of India
The Supreme Court asked Enforcement Directorate (ED) Director Sanjay Kumar Mishra to quit four
months before his third extension which ends in November even as it upheld statutory amend-
ments which facilitate the tenures of Directors of the Central Bureau of Investigation and the ED
to be stretched “piecemeal”. The Bench held that the back-to-back service extensions given to Mr.
Mishra in 2021 and 2022 were illegal.

'Irretrievable Breakdown of Marriage' a ground to dissolve marriage invoking

Article 142 powers : Supreme Court
Shilpa Sailesh v. Varun Sreenivasan
A Constitution Bench of the Supreme Court held that it can invoke its special powers under Article
142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of mar-
riage, which is not yet a statutorily recognised ground. It also that the Court can invoke the special
powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months
prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage
Act 1955.

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❇ Use of technology: Technology can ensure uniformity in decisions by keeping judges updated about views of
different regional benches.  
» High Courts having more than one bench making only a few conflicting decisions indicates the success in this
regard.
❇ Quasi-judicial bodies: The top court can depend on quasi judicial bodies such as NCLT, NCLAT, tribunals, Lokpal etc
to reduce the burden of cases.
» Around 60,000 cases that are currently pending adjudication in the SC are civil cases.

CONCLUSION
The establishment of regional benches will increase the number of judges as well as lawyers resulting in a much-needed
boost to our judicial system. However, certain exclusive powers of the Supreme Court such as its original jurisdiction
under Article 131, its advisory jurisdiction under Article 143, and its writ jurisdiction under Article 32 of the Constitution
should be retained.

SAMPLE QUESTION
Q) Decentralising justice through regional Supreme Court benches is the need of the hour. Critically analyse.
(10 M)(150 W)

PANCHAYATS AS SELF GOVERNING INSTITUTIONS

Syllabus: GS II - Devolution of powers and finances to local levels; challenges therein.

PYQ MAPPING WHY IN NEWS?

Q) To what extent, in your opinion, as Three decades have passed since the 73rd and 74th Constitutional
the decentralisation of power in India Amendments Acts came into effect.
changed the governance landscape at
the grassroots? (2022)
INTRODUCTION
Q) Assess the importance of the
Panchayat system in India as a part Panchayat or ‘Panchayati Raj’ are institutions of local self government
of local government. Apart from envisaged through the 73rd and 74th Constitutional Amendments Acts.
government grants, what sources the It has been well-established in almost every state except Nagaland,
Panchayats can look out for financing Meghalaya, and Mizoram and all Union Territories except Delhi.
developmental projects. (2018)

OVERVIEW
• Article 40 of the Constitution outlines the organisation of village
panchayats and their empowerment to function as units of self-
government.
• The Ministry of Panchayati Raj was constituted in 2004 to strengthen
rural local governments.
• Panchayati Raj is the three-tier system at the rural level which
includes:
• Gram Panchayat at the village level
• Block Panchayat or Panchayat Samiti at the intermediate level
• Zilla Panchayat at the district level

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AVENUES FOR OWN SOURCE OF REVENUE

♣ The major own source of revenue (OSR) where panchayats can earn maximum income are property tax, cess on
land revenue, surcharge on additional stamp duty, tolls, tax on profession, advertisement, user charges for water
and sanitation and lighting.
♣ Fees, rent, and income from investment sales and hires charges and receipts are some of the potential avenues for
non-tax revenue.
♣ Innovative projects like income from rural business hubs, innovative commercial ventures, renewable energy
projects, carbon credits. Corporate Social Responsibility (CSR) funds and donations are potential sources.

IMPORTANCE OF PANCHAYATS
➡ Fostering self-sufficiency: By leveraging local resources for revenue generation, Panchayats foster self-sufficiency
and sustainable development at the grass-roots level.
➡ Tailoring solutions to local needs: Panchayats tailor their initiatives to local needs by planning, decision-making, and
implementing revenue-generating activities ranging from agriculture and tourism to small-scale industries.
➡ Ensuring accountability: Through transparent financial management and inclusive participation, Panchayats ensure
accountability and foster community trust.
➡ Development and welfare: With the authority to impose taxes, fees, and levies, Panchayats direct funds towards
local development projects, public services, and social welfare programmes.

CHALLENGES FACED BY PANCHAYATS

🛑 Lack of authority and autonomy: In several states, gram panchayats lack the authority to collect taxes, and
intermediate and district panchayats are not delegated the responsibility of tax collection.
» While gram panchayats collect 89% of their own taxes, the intermediate panchayats collect only 7% and the
district panchayats a nominal amount of 5%.
🛑 Meagre revenue generation: Even after 30 years of devolution initiatives,
Panchayats earn only 1% of the revenue through taxes. and the rest is raised as
grants from the State and Centre.
» 80% of the revenue is from the Centre and 15 % from the States.
🛑 Freebie culture: Panchayats face several impediments in resource mobilisation,
freebie culture being a rampant one.
» Freebie culture in the society causes antipathy in paying taxes, a situation
exacerbated by elected representatives who feel that imposing taxes would
alter their popularity adversely.
🛑 Dependency syndrome for grants: The increase in the allocation of Central
Finance Commission (CFC) grants has led to the general aversion of panchayats
towards generating their own income.

Case Study
Best Practices in Fundraising: Ghatboral Gram Panchayat, Chhattisgarh
🔆 The Panchayat motivated voluntary contributions for projects benefiting everyone.
🔆 Organised cultural events, festivals, and melas to generate revenue.
🔆 Leveraged government schemes (E.g. MGNREGA) and CSR programs to secure funding for welfare initiatives and
infrastructural projects.
🔆 Built income-generating assets such as multipurpose community centres that could be rented out for events.
🔆 Provided training in handicrafts, food processing etc to self-help groups (SHGs) for women and youth, and sold
the products at local markets and through government-organised exhibitions.

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WAY FORWARD
❇ Demarcation of OSR: There is a need for clear demarcation of sources for revenue generation for the entire three-
tier panchayats to ensure equitable sharing.
❇ Effective revenue generation efforts: The gram sabhas should promote entrepreneurship, and foster partnerships
with external stakeholders to enhance the effectiveness of revenue generation efforts.
❇ Overcoming dependency syndrome: Panchayats should come up with their own source of resources while
minimising external dependance for funds and financial needs.
❇ Awareness generation: There is a need to educate elected representatives and the public on the significance and
the need for panchayats to be financially self-sufficient.

CONCLUSION
The Panchayat offers a political system of governance at a rural level with an intention of advancement at the grassroot
level. This age-old system of local Government has a long way to go to achieve financial autonomy. Diversifying revenue
streams and collaborative efforts by all stakeholders will be steps in the right direction to foster inclusive development
and reaffirm the importance of Panchayats in India's democratic fabric.

SAMPLE QUESTION
Q) Panchayats can only be fully functional when there are dedicated efforts in all tiers of governance, including the
State and central level. Analyse. (15 M)(250 W)

FOREIGN DIRECT INVESTMENTS

Syllabus: GS III - Changes in Industrial policy & their effects on industrial growth

PYQ MAPPING WHY IN NEWS?

Q)Justify the need for FDI for the The Union cabinet recently approved the amendment to the foreign direct
development of the Indian economy. investment policy for the space sector, allowing up to 100% investment
Why is there a gap between MOUs through three categories of liberalised entry routes.
signed and actual FDIs? Suggest
remedial steps to be taken for INTRODUCTION
increasing actual FDIs in India. (2016)
Till now the FDI was permitted to establish and operate satellites only
Q) Though India allowed foreign through the government’s approval route. In line with the vision and
direct investment (FDI) in what is strategy under the Indian Space Policy 2023, the Union Cabinet eased the
called multi brand retail through joint FDI policy on the Space sector by prescribing liberalised FDI thresholds for
venture route in September 2012, the various sub-sectors.
FDI even after a year, has not picked
up. Discuss the reasons. (2013) The three liberalised entry routes for FDI includes:

SHORT TAKES
🌟 Satellite Manufacturing & Operation: This segment includes satellite
data products and ground segment & user segment.
🇮 Automatic Route: Under the » An FDI of up to 74% can be availed under the automatic route,
Automatic Route, the non- beyond which government route will be applicable.
resident investor or the Indian
company does not require any
🌟 Launch Vehicles and Associated systems: This Sub-sector that
includes the Creation of Spaceports for launching and receiving
approval from the Government of
Spacecraft can get FDI through automatic routes up to 49%.
India for the investment.
» Beyond 49%, these activities will fall under government route.
🇮 Approval Route: Prior to
investment, approval from the 🌟 Components Manufacturing: 100% FDI under automatic route will
Government of India is required. be now permitted to manufacture components and systems or sub-
systems for satellites, ground segment and user segment.

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General Studies Paper - II

PYQ MAPPING WHY IN NEWS?

Q1) •

SHORT TAKE
(2013) •
Q2) .

• -

2020, 10 marks •

INTRODUCTION
•

REASONS FOR WATER DISPUTES

•

•
•

LEGISLATIVE MECHANISM TO CONSTITUTIONAL MECHANISM TO RESOLVE THE

DISPUTES
• •
-
-
•
•

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 38

REASON FOR FAILURE OF CONSTITUTIONAL AND LEGAL MECHANISM

STRUCTURAL ISSUES
•
•
•
•
PROCEDURAL ISSUES
•
•

IMPACT OF WATER DISPUTES ON FEDERALISM

•
•

• among states

WAY FORWARD
•
•
•
•

• .

CONCLUSION
•

SAMPLE QUESTION

Your Notes

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 39

SAMPLE QUESTION

(15 M)(250 W)

NHRC
Syllabus: GS II -

WHY IN NEWS?
PYQ MAPPING
Q) The

INTRODUCTION
•
Commission are appointed by the President on the

• The consists of the Prime Minister (Chairperson

(2014)
Q)

(2021)

SHORT TAKE
NHRC
• It was established under the

•
the Paris Principles (1991)

• The

(GANHRI)
India’s apex
rights watchdog with the ‘A’ status
a perfect score.

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 40

POWERS
•

•
• powers of a civil court

CHALLENGES
• Only a recommendatory body: No powers to enforce decisions.
•

• Ceremonial body:

• Armed forces:
the Centre.

NOTABLE INTERVENTIONS
• The commissions published a set of guidelines in 1997 that mandated every custodial death and encounter killing
be reported to it within 24 hours.
• 2007 Nandigram violence in West Bengal and release of which

• suicide by farmers.

SUGGESTIONS
• More powers:
• NHRC must be given a
• NHRC should be made a which will protect human rights at local levels also.
• human rights courts .
•
•

CONCLUSION

commitment to

the people.

SAMPLE QUESTION

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 41

ELECTION COMMISSION
-

WHY IN NEWS?
PYQ MAPPING
Q)

(2022)
Q)
SUPREME COURT RULING AND CONSTITUTIONAL
MANDATE
•

(2018) (10 mks)

• •
• .

Parliament.
•

• •

• in

•
were

Source- Economic Times

Page |015
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 42

• Sec 5

• Sec 6

• Sec 7 (1)

• Sec 7 (2)

• - For the EC to work

CONCLUSION

SAMPLE QUESTION

Your Notes

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