POLITY

PRELIMS
BY - Clear Vision For UPSC
Schedules of INDIAN
Constitution
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 Statutory Bodies

1. Agricultural and Processed Food Products Export 21. National Commission for Minorities.
Development Authority 22. Armed Forces Tribunal.
2. Airports Economic Regulatory Authority (AERA) 23. National Consumer Disputes Redressal
3. Central Adoption Resource Authority (CARA) Commission.
4. Central Electricity Authority (CEA) 24. Bar Council of India
5. Controller of Certifying Authorities (CCA) 25. National Commission for Women.
6. Central Zoo Authority (CZA) 26. National Human Rights Commission.
7. Competent Authority (CA) 27. National Green Tribunal
8. Marine Products Export Development Authority 28. Central Vigilance Commission
(MPEDA) 29. Central Information Commission
9. Narmada Control Authority (NCA) 30. Competition Commission of India
10. Insurance Regulatory and Development Authority 31. Competition Commission of India
(IRDA) 32. National Bank for Agriculture and Rural
11. Investor Education And Protection Fund Authority Development
12. National Highways Authority of India (NHAI) 33. National Legal Services Authority
13. National
National
34. Monuments Authority
14. National Disaster Management Authority (NDMA) 35. Bureau of Energy Efficiency (BEE)
15. National Tiger Conservation Authority (NTCA) 36. Bureau of Immigration (BoI), Ministry of Home
16. Pension Fund Regulatory and Development Affairs
Authority 37. Bureau of Indian Standards (BIS)
17. Real Estate Regulatory Authority (RERA) 38. Central Board of Secondary Education
18. Unique Identification Authority of India 39. Central Bureau of Investigation
19. Telecom Regulatory Authority of India 40. Reserve Bank of India
20. Food Safety and Standards Authority of India 41. Securities and Exchange Board of India
42. Coir Board, , Ministry of Micro Small and Medium
43. Coconut Development Board
44. Central Silk Board
45. National Jute Board
46. Rubber Board
47. Coffee Board
48. Tobacco Board
49. Tea Board
50. Spices Board
51. Central Waqf Council
52. Science and Engineering Research Board
 Quasi-Judicial Bodies

1. District Consumer Disputes Redressal Forum

2. Competition Commission of India
3. Appellate Tribunal for Electricity
4. National Human Rights Commission
5. State Human Rights Commission
6. Central Information Commission
7. State Information Commission
8. State Electricity Regulatory Commission
9. Railway Claims Tribunal
10. Income Tax Appellate Tribunal
11. Intellectual Property Appellate Tribunal
12. Central Excise and Service Tax Appellate Tribunal
13. Banking Ombudsman
14. Insurance Ombudsman
15. Income tax Ombudsman
16. Electricity Ombudsman
17. State Sales tax Appellate Tribunal
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 ARTICLES EXPLANATION
ARTICLE 12 Defines that state includes
{PART 3} ✓ Government and Parliament of India, [executive and legislative organs of Union
government].
✓ Government and legislature of states I.E executive and legislative organs of state
govt.
✓ All local authorities, that is, municipalities, panchayats, district boards, improvement
trusts, etc.
✓ ALL statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.+ all its agencies.
✓ Acc. SC, even a private body/ agency working as an instrument of the State falls
within meaning of the State
ARTICLE 13 ✓ All laws that are inconsistent with or in derogation of any of FR shall be void=>
doctrine of judicial review.
✓ Term ‘law’ in Article 13 : Permanent laws enacted by Centre and state; temporary
ordinance by president; Statutory instruments of delegated legislation (executive
legislation) like order;
✓ Supreme Court held in the Kesavananda Bharati case(1973) that a Constitutional
amendment can be challenged on the ground that it violates a fundamental right that
forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as
void
✓ This power wrt JUDICIAL REVIEW - SC(Article 32) and HC (Article 226) --declare a law
unconstitutional and invalid on the ground of contravention of any of FRs

RIGHT TO EQUALITY (ART.14-18)

ARTICLE 14 ✓ State shall not deny to any person equality before the law or the equal protection of
Equality before the laws
Law and Equal Concept of ‘equality before law’ is of British origin : (Negative Concept)
Protection of • It is an element of the concept of ‘Rule of Law’, propounded by A.V. Dicey, the
Laws British jurist
• Supreme Court held that the ‘Rule of Law’ as embodied in Article 14 is a ‘basic
feature’ of the constitution
• British constitution is result of rights of individuals defined by courts and not a
source of rights ;
✓ In the Indian System, the constitution is the source of the individual rights
• the absence of any special privileges in favour of any person
• the equal subjection of all persons to the ordinary law of the land administered
by ordinary law courts, and
• no person is above the law
Concept of ‘equal protection of laws’ has been taken from the American
Constitution: (Positive Concept)
• the equality of treatment under equal circumstances, both in the privileges
conferred and liabilities imposed by the laws,
• the similar application of the same laws to all persons
• the like should be treated alike without any discrimination
✓ Exceptions to Equality - The rule of equality before law is not absolute :
• president,
• member of parliament,
• member of state legislatures,
• foreign diplomats
who enjoy immunities, protections, and special privileges.

ARTICLE 15 ✓ State shall not discriminate against any citizen on grounds only of religion, race,
caste, sex or place of birth.

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 Prohibition of ✓ The word ‘only’ connotes that discrimination on other grounds is not prohibited
Discrimination on ✓ No citizens shall be prohibited from using general public use properties maintained
Certain Grounds partly of fully by state fund- This provision prohibits discrimination both by the State
and private individuals

EXCEPTIONS : State is permitted to make any special provision for

• women and children;
• socially and EDUCATIONALLY backward citizens in education institutes;
• economically weaker sections;
• SC,ST

ARTICLE 16 ✓ Provides for equality of opportunity for all citizens in matters of employment or
Equality of appointment to any office under the State
Opportunity in ✓ No discrimination for employment under state on grounds of only religion, race,
Public caste, sex, descent, place of birth or residence
Employment ✓ EXCEPTIONS:
• Parliament can prescribe residence as a condition for certain employment or
appointment in a state or union territory or local authority
• Reservation of appointments or posts in favour of any backward class that is
not adequately represented
• 103rd Amendment Act of 2019- In order to give effect to this provision, the
central government issued an order (in 2019) providing 10% reservation to the
Economically Weaker Sections (EWSs) in civil posts and services in the
Government of India

ARTICLE 17 ✓ Article 17 abolishes ‘untouchability’ and forbids its practice in any form
Abolition of • The term ‘untouchability’ has not been defined either in the Constitution or in
Untouchability the Act
• Supreme Court held that the right under Article 17 is available against private
individuals

ARTICLE 18 It prohibits the state from conferring any title (except a military or academic
Abolition of Titles distinction) on anybody, whether a citizen or a foreigner.

✓ It prohibits a citizen of India from accepting any title from any foreign state
✓ A foreigner holding any office of profit or trust under the state cannot accept any
title from any foreign state without the consent of the president.
✓ No citizen or foreigner holding any office of profit or trust under the State is to
accept any present, emolument or office from or under any foreign State without the
consent of the president.
✓ Supreme Court upheld the constitutional validity of the National Awards–Bharat
Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri.

RIGHT TO FREEDOM (ART 19–22)

ARTICLE19 ✓
& Right to freedom of speech and expression. -

Guarantees to all ✓ Right to assemble peaceably and without arms. -

citizens the six ✓ Right to form associations or unions or cooperative societies. -

rights ✓ Right to move freely throughout the territory of India. -

✓ Right to reside and settle in any part of the territory of India -

✓ Right to practice any profession

Right to acquire, hold and dispose of property was deleted by the 44th Amendment
Act of 1978.
✓ State can impose ‘reasonable’ restrictions
• EX: Sec 144 can restrain an assembly, meeting if there is a risk of obstruction,
annoyance or danger to human life, health or safety

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 ARTICLE 20 Grants protection against arbitrary and excessive punishment to an accused person,
Protection in whether citizen or foreigner or legal person. It contains three provisions :
Respect of
Conviction for No ex-post-facto law: No person shall be
Offences ✓ Convicted of any offence except for violation of a law in force at the time of the
commission of the act, nor
✓ Subjected to a penalty greater than that prescribed by the law in force at the time
of the commission of the act.
✓ Limitation is imposed only on criminal laws and not on civil laws or tax laws

No double jeopardy:
• No person shall be prosecuted and punished for the same offence more than once.
• Protection against double jeopardy is available only in proceedings before a
court of law or a judicial tribunal NOT for administrative courts

No self-incrimination:
No person accused of any offence shall be compelled to be a witness against himself.
Protection against self-incrimination extends to both oral evidence and documentary
evidence. However, it does not extend to
• compulsory production of material objects,
• compulsion to give thumb impression, specimen signature, blood specimens,
• compulsory exhibition of the body it extends only to criminal proceedings and not
to civil proceedings
ARTICLE 21 ✓ No person shall be deprived of his life or personal liberty except according to
Protection of Life procedure established by law
and Personal ✓ Gopalan case(1950), the Supreme Court has taken a narrow interpretation of the
Liberty Article 21. It held that the protection under Article 21 is available only against
arbitrary executive action and not from arbitrary legislative action
✓ Menaka case(1978), taking a wider interpretation of the Article 21. It ruled that
the right to life and personal liberty of a person can be deprived by a law provided
the procedure prescribed by that law is reasonable, fair and just it has introduced
the American expression ‘due process of law’
✓ Right to life also includes right to live with human dignity not mere survival
✓ ART. 21 safeguards Right to Marry
✓ Right to Privacy is part of Right to life and personal Liberty is imply in Art.21

ARTICLE 21 A ✓ It asks the state to provide free and compulsory education to all children between
Right to Education the ages of 6 to 14 years.
(added by the ✓ Also included in DPSP ART.45 and Fundamental Duty ART. 51A
86th
Constitutional
Amendment Act
of 2002)

ARTICLE 22 ✓ Article 22 grants protection to persons under both kinds of detention namely
Protection Against punitive and preventive.
Arrest and • Punitive detention is to punish a person for an offence committed by him after
Detention trial and conviction in a court
(Parliament and • Preventive detention - means detention of a person without trial and
states conviction by a court. If a person is arrested after committing a crime, it is
concurrently called punitive detention.
make laws on ✓ Art. 22 provides following protection against such detention-
preventive • Right to be informed of the ground & of arrest.
detention) • Right to consult and be defended by a & lawyer.
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 •Right to be produced before a magistrate within 24 hours of his arrest
(excluding the time of journey).
• Right not to be detained - for more than 24 hours without the authorityO
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of a
#magistrate
These are not available to Enemy Alien or under#
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preventive Detention.
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✓ Safeguards against preventive detention

• If the detention is for more than 3 months the matter must be referred to an
advisory board in which there shall be a High Court judge.
• The detention may be continued only where the advisory board considers
that there are sufficient grounds for further detention
• Grounds of detention must be communicated to the detenu.
• The detenu must be given an opportunity to make a representation against
the order of detention

RIGHT AGAINST EXPLOITATION : (ART. 23 & 24)

ARTICLE 23 ✓ This right is available to both citizens and non-citizens.
Prohibition of ✓ It protects the individual not only against the State but also against private
Traffic in human persons
beings and forced ✓ Article 23 also provides for an exception to this provision.
labour ✓ It permits the State to impose compulsory service for public purposes, as for
example, military service or social service

ARTICLE 24 ✓ Prohibits the employment of children below the age of 14 years in any factory,
Prohibition of mine or other hazardous activities
Employment of ✓ It does not prohibit their employment in any harmless or innocent work
Children in
Factories
RIGHT TO FREEDOM OF RELIGION (ART. 25-28)
ARTICLE 25 ✓ It says that all persons are equally entitled to freedom of conscience and the
Freedom of right to freely profess, practice and propagate religion.
Conscience and ✓ The implications of these are:
Free Profession, • Freedom of conscience
Practice and • Right to profess
Propagation of • Right to practice
Religion (Right of • Right to propagate
Individual) ✓ It does not include a right to convert another person to one’s own religion

ARTICLE 26 ✓ Right to establish and maintain institutions for religious and charitable
Freedom to purposes;
manage religious ✓ Right to manage its own affairs in matters of religion;
Affairs ✓ Right to own and acquire movable and immovable property; and
(Right of group) ✓ Right to administer such property in accordance with law

ARTICLE 27 ✓ No person shall be compelled to pay any taxes for the promotion or
Freedom from maintenance of any particular religion or religious denomination
Taxation for ✓ State should not spend the public money collected by way of tax for the
promotion of a promotion or maintenance of any particular religion
Religion ✓ No tax but Fee can be levied

ARTICLE 28 ✓ No religious instruction shall be provided in any educational institution wholly

Freedom from maintained out of State funds.
Attending ✓ However, this provision shall not apply to an educational institution
Religious administered by the State but established under any endowment or trust,
Institution requiring imparting of religious instruction in such institution

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 CULTURAL AND EDUCATIONAL RIGHTS (ART. 29-30)
ARTICLE 29 ✓ Provides that any section of the citizens residing in any part of India having a
Protection of distinct language, script or culture of its own, shall have the right to conserve
Interest of the same (Right to every citizen-includes Minority as well as Majority)
Minorities ✓ No citizen shall be denied admission into any educational institution
maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, or language

ARTICLE 30 ✓ All minorities shall have the right to establish and administer educational
Right of institutions of their choice (Right only to minority)
Minorities to ✓ Compensation amount fixed by State for compulsory acquisition of property of a
Establish and minority educational institution ( 44th Amendment)
Administer ✓ Term Minority is not Defined in Constitution
Educational
Institutions
OTHER FUNDAMENTAL RIGHTS
ARTICLE 31 ✓ Art. 31A Agriculture Reform, Industry, Commerce ( State Can Acquire Personal
Exceptions to Land)
Fundamental ✓ Art. 31B Acts in 9th Schedule protected being challenged on FR (I.R. Coelho case
Rights 2007- Ruled out Blanket immunity)
Art.31C
• Laws to implement DPSP 39 (b) & (c) immune by FR (Saving of Laws giving
effect to certain DPSP)
• No law containing a declaration that it is for giving effect to such policy
shall be questioned in any court on the ground that it does not give effect
to such a policy (Keshavanand Bharti Case- SC declared second provision
unconstitutional and void)

ARTICLE 32 ✓ Article 32 is Basic Feature of constitution

Right to ✓ Parliament can empower any other Court to issue directions, orders, writs
Constitutional ✓ President can suspend right to move any court for FR during National
Remedies emergency(Art. 359)
✓ Art. 32 is used for only enforcement of Fundamental Rights

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Amendment to the constitution

STATES
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FUNDAMENTAL RIGHTS
Right to equality (Articles 14–18)
a) Equality before law and equal protection of laws (Article 14).
b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
c) Equality of opportunity in matters of public employment (Article 16).
d) Abolition of untouchability and prohibition of its practice (Article 17).
e) Abolition of titles except military and academic (Article 18).
Right to freedom (Articles 19–22)
(a) Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii)
association, (iv) movement, (v) residence, and (vi) profession (Article 19).
(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain cases (Article 22).
Right against exploitation (Articles 23–24)
(a) Prohibition of traffic in human beings and forced labour (Article 23).
(b) Prohibition of employment of children in factories, etc. (Article 24).
Right to freedom of religion (Article 25–28)
(a) Freedom of conscience and free profession, practice and propagation of religion (Article 25).
(b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes for promotion of any religion (Article 27).
(d) Freedom from attending religious instruction or worship in certain educational institutions (Article
28).
Cultural and educational rights (Articles 29–30)
(a) Protection of language, script and culture of minorities (Article 29).
(b) Right of minorities to establish and administer educational institutions (Article 30).
Right to constitutional remedies (Article 32)
Right to move the Supreme Court for the enforcement of fundamental rights including the writs of
(i) Habeas corpus,
(ii) Mandamus,
(iii) Prohibition,
(iv) Certiorari,
(v) Quo war-rento (article 32).
FR Available Only To Citizens And Not To Foreigners
1. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association,
(iv) movement, (v) residence, and (vi) profession (Article 19).

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 4. Protection of life and personal liberty (Article 21).
5. Right of minorities to establish and administer educational institutions (Article 30).

FR Available To Both Citizens And Foreigners (Except Enemy Aliens)

1. Equality before law and equal protection of laws (Article 14).
2. Protection in respect of conviction for offences (Article 20).
3. Protection of life and personal liberty (Article 21)
4. Right to elementary education (Article 21A).
5. Protection against arrest and detention in certain cases (Article 22).
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6. Prohibition of traffic in human beings and forced labour (Article 23).
7. Prohibition of employment of children in factories etc., (Article 24).
8. Freedom of conscience and free profession, practice and propagation of religion (Article 25).
9. Freedom to manage religious affairs (Article 26).
10.Freedom from payment of taxes for promotion of any religion (Article 27).
11.Freedom from attending religious instruction or worship in certain educational institutions (Article
28).

CLASSIFICATION OF THE DIRECTIVE PRINCIPLES

SOCIALISTIC PRINCIPLES
1. To promote the welfare of the people by securing a social order permeated by justice–social, economic
and political– and to minimise inequalities in income, status, facilities and opportunities (Article 38).
2. To secure
i. The Right To Adequate Means Of Livelihood For All Citizens;
ii. The Equitable Distribution Of Material Resources Of The Community For The Common Good;
iii. Prevention Of Concentration Of Wealth And Means Of Production;
iv. Equal Pay For Equal Work For Men And Women;
v. Preservation Of The Health And Strength Of Workers And Children Against Forcible Abuse;
vi. (F) Opportunities For Healthy Development Of Children (Article 39).
3. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
4. To secure the right to work, to education and to public assistance in cases of unemployment, old age,
sickness and disablement (Article 41).
5. To make provision for just and humane conditions of work and maternity relief (Article 42).
6. To secure a living wage, a decent standard of life and social and cultural opportunities for all workers
(Article 43).
7. To take steps to secure the participation of workers in the management of indus-tries(Article 43 A).
8. To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).

GANDHIAN PRINCIPLES

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 1. To organise village panchayats and endow them with necessary powers and authority to
enable them to function as units of self-government (Article 40).
2. To promote cottage industries on an individual or cooperation basis in rural areas (Article 43).
3. To promote voluntary formation, autonomous functioning, democratic control and professional
management of cooperative societies8a (Article 43B).
4. To promote the educational and economic interests of SCs, STs, and other weaker sections of the
society and to protect them from social injustice and exploitation (Article 46).
5. To prohibit the consumption of intoxicating drinks and drugs which are injurious to health (Article 47).
6. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds (Article 48)
LIBERAL-INTELLECTUAL PRINCIPLES
1. To secure for all citizens a uniform civil code throughout the country (Article 44).
2. To provide early childhood care and education for all children until they complete the age of six
years(Article 45).
3. To organise agriculture and animal husbandry on modern and scientific lines (Article 48).
4. To protect and improve the environment and to safeguard forests and wild life(Article 48 A).
5. To protect monuments, places and objects of artistic or historic interest which are declared to be of
national importance (Article 49).
6. To separate the judiciary from the executive in the public services of the State (Article 50).
7. To promote international peace and security and maintain just and honourable relations between nations;
to foster respect for international law and treaty obligations, and to encourage settlement of international
disputes by arbitration (Article 51)

NEW DIRECTIVE PRINCIPLES (4 AMENDMENTS)

42nd Amendment Act Of 1976 Added Four New Directive Principles To The Original List.
They Require The State:
1. To secure opportunities for healthy development of children (Article 39).
2. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
3. To take steps to secure the participation of workers in the management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard forests and wild life (Article 48 A).
44th Amendment Act Of 1978 Added One More Directive Principle, Which Requires The
State To
1. Minimise Inequalities In Income, Status, Facilities And Opportunities (Article 38).
86th Amendment Act of 2002 changed the subject-matter of Article 45 and made
elementary education a fundamental right under Article 21 A. The amended directive
requires State to
1. Provide Early Childhood Care And Education For All Children Until They Complete The Age Of Six Years.

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 97th Amendment Act of 2011 added a new Directive Principle relating to
cooperative societies. It requires the state to
1. Promote Voluntary Formation, Autonomous Functioning, Democratic Control And Professional
Management Of Co-Operative Societies (Article 43B).

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FUNDAMENTAL DUTIES
According to ArticleM
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51A, it shall be the duty of every citizen of India:
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1. To Abide By The Constitution And Respect Its Ideals And Institutions, The National Flag And The National
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2. To Cherish And Follow The Noble Ideals That Inspired The National Struggle For Freedom;
3. To Uphold And Protect The Sovereignty, Unity And Integrity Of India;
4. To Defend The Country And Render National Service When Called Upon To Do So;
5. To Promote Harmony And The Spirit Of Common Brotherhood Amongst All The People Of India
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Transcending Religious, Linguistic And Regional Or Sectional Diversities And To Renounce Practices
Derogatory To The Dignity Of Women;
6. To Value And Preserve The Rich Heritage Of The Country’s Composite Culture;
7. To Protect And Improve The Natural Environment Including Forests, Lakes, Rivers And Wildlife And To
Have Compassion For Living Creatures;
8. To Develop Scientific Temper, Humanism And The Spirit Of Inquiry And Reform;
9. To Safeguard Public Property And To Abjure Violence;
10.To Strive Towards Excellence In All Spheres Of Individual And Collective Activity So That The Nation
Constantly Rises To Higher Levels Of Endeavour And Achievement
11.To Provide Opportunities For Education To His Child Or Ward Between The Age Of Six And Fourteen Years.
This Duty Was Added By The 86th Constitutional - --
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Amendment Act, 2002.
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ELEMENTS OF THE BASIC STRUCTURE

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-1. Supremacy of the Constitution
T2. Sovereign, democratic and republican-o
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nature of the Indian polity

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3. Secular character of the Constitution
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4. Separation of powers between-
the legislature, the executive and the judiciary
5. Federal character of the Constitution
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6. Unity and integrity of the nation
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I7. Welfare- state (socio-economic justice)

8. Judicial
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9. Freedom and dignity of the individual
10.Parliamentary
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11.Rule of law
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12.Harmony and balance between Fundamental Rights and Directive Principles

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 F
13.Principle of equality
14.Free and fair elections
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②15.Independence of Judiciary
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16.Limited power of Parliament to amend the Constitution
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17.Effective access to justice 321136 ,

I18.Principles (or essence) underlying fundamental O

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19.Powers of the Supreme Court under

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Articles 32, 136, 141 and 142
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20.Powers of the High Courts under Articles 226 and 227

CONSTITUTIONAL AMENDMENTS - MOST IMP

First Amendment Act,A
1951
1. Empowered the state to make special provisions for the advancement of socially and economically
backward classes.
2. Provided for the saving of laws providing for acquisition of estates, etc.
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3. Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review.
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4. Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly
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relations with foreign states and incitement to an offence. Also, made the restrictions =
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“reasonable” and
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thus, justiciable in nature.
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5. Provided that state trading and nationalisation of any trade or business by the state is-o
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not to be invalid on
the ground of violation of-
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the right to trade or business
Twenty-Fourth Amendment Act, 1971
1. Affirmed the power of Parliament to amend any part of the Constitution including fundamental rights.
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2. Made it compulsory for the president to give his assent to a Constitutional Amendment Bill.
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Twenty-Fifth Amendment Act, 1971 -

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1. Curtailed the fundamental right to property.
2. Provided that any law made to give effect to the Directive Principles contained in Article 39 (b) or (c)
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cannot be challenged on the ground of violation of the rights guaranteed by Articles-

14, 19 and 31.
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Twenty-Sixth Amendment Act, 1971

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1. Abolished The Privy Purses And Privileges Of The Former Rulers Of Princely States.
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Forty-Second Amendment Act, 1976 (The most comprehensive amendment made so far to
the Constitution; it is known as “MiniConstitution’; it gave effect to the recommendations of
Swaran Singh Committee.)
1. Added Three New Words (Socialist, Secular And Integrity) In The Preamble.
2. Added Fundamental Duties By The Citizens (New Part IV A).
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3. Made The President Bound By The Advise Of The Cabinet.

4. Provided For Administrative Tribunals And Tribunals For Other Matters (Added Part XIV A).

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 5. Froze The Seats In The Lok Sabha And State Legislative Assemblies On The Basis Of 1971
Census Till 2001.
6. Made The Constitutional Amendments Beyond Judicial Scrutiny.
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7. Curtailed The Power Of Judicial Review And Writ Jurisdiction Of The Supreme Court And High Courts.
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8. Raised The Tenure Of Lok Sabha And State Legislative Assemblies From 5 To 6 Years.
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9. Provided That The Laws Made For The Implementation Of Directive Principles Cannot Be Declared
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Invalid By The Courts On The Ground Of Violation Of Some Fundamental Rights.

10.Empowered The Parliament To Make Laws To Deal With Anti-National Activities And Such Laws Are To
Take Precedence Over Fundamental Rights.
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11.Added Three New Directive Principles Viz., Equal Justice And Free-Legal Aid, Participation Of Workers
In The Management Of Industries And Protection Of Environment, Forests And Wild Life.
12.Facilitated The Proclamation Of National Emergency In A Part Of Territory Of India.
13.Extended The One-Time Duration Of The President’s Rule In A State From 6 Months To One Year.
14.Empowered The Centre To Deploy Its Armed Forces In Any State To Deal With A Grave Situation Of Law
And Order.
15.Shifted Five Subjects From The State List To The Concurrent List, Viz, Education, Forests, Protection Of
- - - -
-

Wild Animals And Birds, Weights And Measures And Administration Of Justice, Constitution And
- - -

Organisation Of All Courts Except The Supreme Court And The High Courts.
16.Did Away With The Requirement Of Quorum In The
- Parliament And The State Legislatures.
17.Empowered The Parliament To Decide From Time To Time The Rights And Privileges Of Its Members
-

And Committees.
18.Provided For The Creation Of The AllIndia Judicial Service.
-

19.Shortened The Procedure For Disciplinary Action By Taking Away The Right Of A Civil Servant To Make
-

Representation At The Second Stage After The Inquiry (I.E., On The Penalty Proposed).
-

Forty-Third Amendment Act, 1977 (Enacted by the Janata Government to nullify

some of the distortions introduced by the 42nd Amendment Act of 1976)
1. Restored the jurisdiction of the Supreme Court and the high courts in respect of judicial review and issue
of writs.
2. Deprived the Parliament of its special powers to make laws to deal with anti-national activities.
-

Forty-Fourth Amendment Act, 1978 (Enacted by the Janata Government mainly

to nullify some of the other distortions introduced by the 42nd Amendment Act,
1976)
1. Restored the original term of the Lok Sabha and the state legislative assemblies (i.e., 5 years)."
2. Restored the provisions with regard to quorum in the Parliament and state legislatures.
3. Omitted the reference to the British House of Commons in the provisions pertaining to the parliamentary
privileges.

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- - -
G
4. Gave constitutional protection to publication in newspaper of true reports of the proceedings
of the Parliament and the state legislatures.
- -

5. Empowered the president to send back once the-

= -
-
advice of cabinet for reconsideration.
- But, the
-
- -
reconsidered advice is to be binding on the president.
6. Deleted the provision which made the satisfaction of the president, governor and administrators final in
issuing ordinances.
7. Restored some of the powers of the Supreme Court and high courts.
8. Replaced the term “internal disturbance” by “armed rebellion” in respect of national emergency.
9. Made the President to declare a national emergency only on the written recommendation of the cabinet.
10.Made certain procedural safeguards with respect to national emergency and President’s rule.
11.Deleted the right to property from the list of Fundamental Rights and made it only a legal right.
12.Provided that the fundamental rights guaranteed by Articles 20 and 21 cannot be suspended during a
national emergency.
13.Omitted the provisions which took away the power of the court to decide the election disputes of the
president, the vice-president, the prime minister and the Speaker of the Lok Sabha.
Fifty-Second Amendment Act, 1985 (popularly known as AntiDefection Law)
1. Provided for disqualification of members of Parliament and state legislatures on the ground of defection
and added a new Tenth Schedule containing the details in this regard.
Sixty-First Amendment Act, 1989
1. Reduced the voting age from 21 years to 18 years for the Lok Sabha and state legislative assembly
elections.
Eighty-Sixth Amendment Act, 2002
1. Made elementary education a fundamental right. The newly-added Article 21-A declares that “the State
shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may determine”.
2. Changed the subject matter of Article 45 in Directive Principles. It now reads—“The State shall endeavour
to provide early childhood care and education for all children until they complete the age of six years”.
3. Added a new fundamental duty under Article 51-A which reads—“It shall be the duty of every citizen of
India who is a parent or guardian to provide opportunities for education to his child or ward between the
age of six and fourteen years”.
Ninety-SEVENTH Amendment Act, 2011
Gave a constitutional status and protection to co-operative societies. In this context, it made
the following three changes in the constitution:
1. It made the right to form co-operative societies a fundamental right.
2. It included a new Directive Principle of State Policy on promotion of cooperative societies.
3. It added a new Part IX-B in the constitution which is entitled as “The Co-operative Societies”.
Ninety-Ninth Amendment Act, 2014

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Replaced the collegium system of appointing judges to the Supreme Court and High Courts with a
new body called the National Judicial Appointments Commission (NJAC). However, in 2015, the
Supreme Court has declared this amendment act as unconstitutional and void. Consequently, the earlier
collegium system became operative again.

One Hundredth Amendment Act, 2015

Gave effect to the acquiring of certain territories by India and transfer of certain other territories to
Bangladesh (through exchange of enclaves and retention of adverse possessions) in pursuance of the Land
Boundary Agreement of 1974 and its Protocol of 2011. For this purpose, this amendment act amended the
provisions relating to the territories of four states (Assam, West Bengal, Meghalaya and Tripura) in the First
Schedule of the Constitution.
One Hundred and First Amendment Act, 2016
GST
One Hundred and Second Amendment Act, 2018
1. Conferred a constitutional status on the National Commission for Backward Classes which was set-up in
1993 by an Act of the Parliament.
2. Relieved the National Commission for Scheduled Castes from its functions with regard to the backward
classes.
3. Empowered the President to specify the socially and educationally backward classes in relation to a state
or union territory
One Hundred and Third Amendment Act, 2019
EWS 10% RESERVATION

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 PARLIAMENT #

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 CITIZENSHIP
12 Polity

TOPIC 05: CITIZENSHIP

ABOUT Dual citi enship

• The Constitution establishes a single citi enship, without Conte t: inistry of External Affairs noted that dual citi enship
differentiating based on states. is a challenge in India
• Single citi enship is a borrowed feature from the UK. Dual citi enship
• The term citi enship is not explicitly defined in the Dual citi enship: Grants an individual legal status as a citi en of
two or more countries.
Constitution
Countries offerin dual citi enship: US, inland, Albania,
• Article -11 provides the framework for acquiring
Israel, Pakistan
citi enship based on birth, domicile and descent.
Alternatives: India offers OCI program to Persons of Indian
• In India both a citi en by birth as well as naturalised citi en Origin, excluding ones who migrated to Pakistan and
are eligible for the post of President. While on USA, only Bangladesh
a citi en by birth is eligible to become President Benefits:
– embers with dual citi enship can hold passports of both
CONSTITUTIONAL PRO ISIONS countries
Article 5 Citi enship at the commencement of the constitution. – Can actively participate in political affairs of both countries
– Avail visa exemptions for travel purpose
Article 6 ights of citi enship of certain persons who have
– Engage in employment in either nation.
migrated to India from Pakistan.
Article 7 ights of citi enship of migrants to Pakistan who
returned to India for resettlement CITI ENSHIP ACT, 1955
Article 8 ights of citi enship of certain persons of Indian The Constitution has empowered Parliament to make
origin residing outside India. provisions related to Citi enship. Parliament enacted
Article 9 Persons voluntarily acquiring citi enship of a foreign Citi enship Act, 1 which provided certain ways to acquire
State not to be citi ens. Citi enship:
Article 10 Continuance of rights of citi enship.
Article 11 Parliament to regulate the right of citi enship by law.

By Birth
Date of Birth Conditions for citi enship
anuary th 1 0 - uly, 1 1 An individual shall be a citi en irrespective of the nationality of his parents.
On or a er uly, 1 1 An individual shall be a citi en if either of his parents is a citi en of India at the time of his birth.
On or a er ecember , 00 An individual shall be a citi en if both of their parents are Indian citi ens or if one of their parents is
an Indian citi en and the other is not an illegal migrant in the country at the time of his birth.

By Descent
A person orn outside India Citi enship
On or a er th anuary 1 0 Considered as a citi en if his ather was a citi en at the time of his birth.
but before December 1992
On or a er ecember 10. 1 Considered as a citi en if either of his Parents is a citi en of India at the time of his birth.
December 3, 2004 The parents who are citi ens of India have to declare that their minor child does not hold a passport of
any other country. egister within one year of the date of birth at an Indian Consulate in that country.
If the said term has expired, registration can be done with the approval of the Central Government.

By Re istration • Spouse of Indian Citi en ordinarily resident in India for

Central Government can register as a citi en of India any 7 years).
person based on application not being an illegal migrant • inor children of parents who are citi ens of India.
Person of Indian origin (ordinarily resident in India for 7 • A previous citi en of independent India ordinarily
years). resident in India for 12 months).

© Study IQ Publications
Topic 0 : Citi enship 13

• Overseas citi en of India cardholder for years ordinarily OCI

resident in India for 12 months). Conte t: the inistry of External Affairs EA has introduced
changes to ease the OCI application process for Goans who hold
By Naturalisation: Portuguese citi enship, addressing long standing challenges.
Central Government may grant a certificate of naturalisation Overseas Citi en of India
to any person who is not an illegal migrant on application: High-Level Committee on Indian iaspora aimed to strengthen
esided in India or been in the service of a Government of India’s relationship with its global diaspora established in 000,
India 1 months preceding the application + should have chaired by L.M. Sin hvi.
resided/been in government service for an aggregate not OCI Amendments:
less than 11 years) Citi enship (Amendment) Act, 2003: Introduced OCI for
• Good character. Persons of Indian Origin PIO in specific countries.
Citi enship (Amendment) Act, 2005: Expanded OCI eligibility
• Ade uate kno led e of a lan ua e specified in the 8th
to PIOs worldwide (except Pakistan and Bangladesh).
Schedule to the Constitution.
Citi enship (Amendment) Act, 2015: Merged PIO and OCI
By incorporation of Territory: schemes into a single “OCI Cardholder” scheme.
Eli i ility for OCI:
• If a foreign territory becomes part of India, the Indian
• Individuals with Indian heritage or spouses of Indian citi ens/
Government specifies the persons who shall be the
OCI cardholders.
citi ens of India from the notified date
• Excludes individuals with Pakistani or angladeshi citi enship.
LOSS OF CITI ENSHIP Ri hts and Limitations of OCI Cardholders:
• Entitled to live, study, and work in India with some restrictions .
By Renunciation eclaration renouncing his/her citi enship. • Excluded from voting, government positions, and constitutional
inor children also lose citi enship can re – offices.
apply a er age of 1 .
Renunciation and Cancellation of OCI:
By Termination If a person consciously acquires citi enship of • OCI cardholders can renounce their status.
another country (does not apply during war).
• The government may cancel OCI registration based on specific
By Deprivation On grounds of 1) Fraud 2) Disloyalty to conditions, including security and integrity concerns.
constitution 3) Connection with enemy
Imprisonment of naturalised citi en
Ordinary resident (out of Indian for 7 years) CITI ENSHIP AMENDMENT ACT, 2019
The 2019 amendment made some significant changes to the
O ERSEAS CITI EN OF INDIA OCI Citi enship Act of 1955
• Not a Citi enship. No right to vote or hold public offices. • The specified class of illegal migrants from the countries
will not be treated as illegal migrants.
• Provides similar rights available to residents or citi ens
of India. • Individuals should belong to 6 communities i.e. Hindu,
Sikh, uddhist, ain, Parsi, or Christian + 3 countries i.e.
• Provides for permanent residency i.e. allowing them to
Afghanistan, Pakistan and Bangladesh.
live and work in India indefinitely.
• Entered India before or on the cut off date of 31st
• egistration of OCI is done by the Central Government
Decem er 2014.
based on application.
• Citi enship through naturalisation. equirement of
• enunciation of OCI cards can be done by OCI by making
residency has been decreased from 11 years to 5 years.
a declaration.
• Does not apply to two categories i.e. 6th schedule states
• Grounds for cancellation of OCI Card:
+ States under Inner line permit for example Arunachal
– Fraud, Pradesh, i oram, Nagaland, and anipur.
– isaffection towards constitution, • The Central Government can cancel OCI membership if
– Engaging with enemy during war, provisions of the Citi enship amendment act are violated
– Necessity in the interest of sovereignty of India or any other law so notified by the Central Government.
(security of state or public interest) Opportunity to be heard should be provided.
– Within five years of registration, OCI sentenced to
Imprisonment (two years or more)

© Study IQ Publications
14 Polity

Citi enship (Amendment) Rules, 2024

Conte t: ecently the inistry of Home Affairs HA amended the Citi enship ules, 00 and notified Citi enship Amendment ules,
0 to enforce Citi enship Amendment Act, 01
Citi enship (Amendment) Rules, 2024
Eli i ility: Applying for citi enship by naturalisation or registration a person must be-
– A person of Indian origin
– Person married to an Indian citi en
– A minor child of an Indian citi en
– Person whose parents are registered as an Indian citi en
– Parents or the person was a citi en of Independent India
– Person is registered as an OCI cardholder
Citi enship y naturalisation: Applicants must have knowledge of one of the languages as listed in the th schedule of the Constitution.
Renouncin citi enship: Application must have a declaration of renouncing citi enship irrevocably if the application of Indian citi enship
has been approved.

NATIONAL REGISTER OF CITI ENS NRC

Definition It is an official, verified and valid record of all Indian citi ens, containing details of individuals which are essential to
establish their claim to citi enship. Creation was mandated by the 00 amendment of the Citi enship Act, 1
O ective To document all the legal citi ens of India so that the illegal immigrants can be identified and deported
Components It includes demo raphic information about all those individuals who qualify as citi ens of India as per the Citi enship
Act, 1955. It will contain details of only Indian Citi ens.
History It was first prepared a er the 1951 Census of India. N C has not been updated till today except in Assam in 01 -
1 but only a er the Supreme Court order .

NATIONAL POPULATION REGISTER NPR

Usual residents The NP or National Population egister is a list of usual residents of the country.
Compulsory It is compulsory for every usual resident of India to register in the NP .
re istration
Inclusion Includes both Indian citi ens and forei n citi ens. Objective is to create a database of every usual resident in the
country.
Preparation of It is supposed to be prepared at the local village/sub-town , sub-district, district, state and national levels under
NPR provisions of the Citi enship Act 1 and the Citi enship egistration of Citi ens and Issue of National Identity
Cards ules, 00 .
Data collection The data for the National Population Re ister was first collected in 2010 by the Government of India. It was expected
to be repeated every 10 years.
Re uirements No documents are re uired for NPR. Self-declaration will be treated as enough for data entry in the population registrar.

Section 6A of Citi enship Act, 1955

Conte t: ecently the Supreme court upheld the constitutional validity of Section 6A of the Citi enship Act, 1 . The section grants
citi enship to immigrants who entered Assam before , 1 1
Assam Accord
Si ned in 1985 between the Union overnment and the All-Assam Students’ Union at the end of a -year-long agitation against the
in u of mi rants from Ban ladesh into the state of Assam.
• The Accord sets March 24, 1971, as the cut-off date to determine who is considered a foreigner in the state of Assam.
• Anyone who had come to Assam efore midni ht on that date would be an Indian citi en, while those who had come a er would be
dealt with as forei ners.
Si nificance of the date: Beginning with the Ban ladesh Li eration ar.
Implementation: by Implementation of Assam Accord Department in 1 .
• The same cut-off date was used in updating the National Re ister of Citi ens (NRC)

© Study IQ Publications
Topic 35: Constitutional bodies, Non-Constitution bodies, Other bodies
CHAPTER - 12
151

TOPIC 35: CONSTITUTIONAL BODIES, NON-CONSTITUTION

BODIES, OTHER BODIES

CONSTITUTIONAL BODIES
ELECTION COMMISSION
• Article: 324
• Composition: Chief Election Commissioner + Election Commissioners (Such Number Fixed by President)
• Appointment: President on recommendation of PM + LoP + Union Cabinet Minister nominated by the PM
• Term: Not specified in the Constitution - President decides. Otherwise, up to 6 years or 65 years
• Qualifications: No qualification specified in Constitution
• Salary & Allowances: Similar to SC judge
• Removal:
– Election commissioner: Removed by President on advice of CEC.
– CEC: Security of tenure (Same process as removal of SC judge)
• Resignation: President
• Reappointment: Not allowed
• Further employment: the Constitution has not debarred retiring ECs from further employment.
• Ministry: Ministry of Law & Justice
• Miscellaneous:
– Elections to Parliament, State Legislature, President & VP
– Expenses not charged on CFI
·

– Determined territorial area of electoral constituencies based on delimitation commission.

– State election commissioner removed on grounds & procedure similar to HC judge

UPSC/SPSC
• Article: 315-323
• Composition: Chairperson + Members (Such fixed by President)
• Appointment: By President
• Term: According to Constitution,
– UPSC - Upto 6 years or 65 years of age
– SPSC - Upto 6 years or 62 years of age
• Qualifications: Not specified.
– Half members have held office for at least 10 years under GOI/State govt.
• Salary & Allowances: Charged on -
– UPSC: CFI
– SPSC: CFoS
• Removal: No role of Parliament
– By President if: 1. Insolvent 2. Office of profit 3. Paid employment 4. Infirmity of mind or body 5. Misbehaviour SC enquiry
– SPSC: Resignation to Governor (But removal only by orders of President)
- • Resignation: President
• Reappointment: Not allowed
• Further employment: Chairperson: Not allowed,
– Members: May be appointed as chairperson of UPSC or SPSC but not any other employment.
• Ministry: Ministry of Personnel
• Miscellaneous: President wrt All India Services & Central service may notify matters in which it is not necessary to consult UPSC. (But
placed before Parliament for 14 days → Parliament cannot amend/repeal)

© Study IQ Publications
152 Polity

FINANCE COMMISSION
-
• O
Article: 280
•Composition: Chairperson + 4 other members
- -

•Appointment: By President
-

•Qualifications: By Parliament (As per FC Act, 1951)

- -

– Chairperson: Experience in public affairs

-

– Members:
T• Judge of HC
• Experience in Finance & accounts of Govt.
-

• Experience-
in financial matters & administration
• Special Knowledge of economics
-

I
• Salary & Allowances: As per provisions by Central government (Finance Act, 1951)
-
• Removal: As per FC Act, 1951
- -

– Mentally unsound
-
-– Insolvent
-– Convict for immoral offence
• Reappointment: Eligible for reappointment
• Ministry: Ministry of Finance-
-

- -
&
• Miscellaneous: FC: Autonomous body governed by GOI
– All powers of Civil courts as per CrPC
-

– Advises Government on Tax devolution to states, grants-in-aid, and other matters referred to it by the President
-
-
– Constituted every Fifth year or earlier as determined by the President.

GST COUNCIL
• Article: 279-A
• Composition: Union (Voting Share - O
33%) - Finance Minister & Minister of State for Finance/Revenue + States - Minister (any - preferably
-
-

finance) + Chairperson of CBIC (Permanent Invitee - Non Voting)

• Appointment: Constituted by President
• Ministry: Ministry of Finance
• Miscellaneous: Cooperation & Coordination between Centre & States for smooth & efficient administration of GST in the country
– Chairperson - Union Finance Minister & Vice-Chairperson - Chosen among ministers from the states, Decision Making - Based on
3/4th Majority of eighted Votes of Members Present & Voting ( uorum - 50%)

NATIONAL COMMISSION FOR SCHEDULED CASTES (NCSC)

• Article: 338
• Composition: Chairperson, Vice-Chairperson & 3 other members
• Appointment: By President
• Term: Conditions of Service & Tenure are determined by President (Currently, Term 3 years)
• Qualifications: Original Article 338 provided for Special Officer for SCs and STs, Government setup a parallel non-statutory multi-
member commission in 1978 for SCs and STs,
– Government replaced Special Officer for SCs and STs with a high-level National Commission for SCs and STs in 65th Constitutional
Amendment of 1990
– The government bifurcated the Combined Commission into separate bodies through 89th Constitutional Amendment of 2003.
• Ministry: Ministry of Social Justice & Empowerment
• Miscellaneous: Annual Report of Commission is presented to the President who places it before the Parliament and forwards it
to Governors who place it before the State Legislature with memorandums explaining actions taken on the recommendation and
explaining the reasons for any cases of non- acceptance.
– hile enquiring into specific cases: Powers similar to Civil court
– Central & State Governments must consult the commission on all major policy matters affecting SCs

© Study IQ Publications
Topic 35: Constitutional bodies, Non-Constitution bodies, Other bodies 153

NATIONAL COMMISSION FOR SCHEDULED TRIBES (NCST)

• Article: 338-A
• Composition: Chairperson, Vice-Chairperson & 3 other members
• Appointment: By President
• Term: Conditions of Service & Tenure are determined by President (Currently, Term 3 years)
• Qualifications: Same as NCSC
-

• O
Ministry: Ministry of Tribal Affairs
-

• Miscellaneous: Similar to NCSC

-

NATIONAL COMMISSION FOR BACKWARD CLASSES (NCBC)

• Article: 338-B
• Composition: Chairperson, Vice-Chairperson & 3 other members
-

• Appointment: By President
-

• Term: Conditions of Service & Tenure are determined by President (Currently, Term 3 years)
• Qualifications: Established
- - - O
as a Statutory Body in 1993 after SC Mandal Case Judgement.
– Conferred with Constitutional Status in 102nd Constitutional Amendment 2018
- - - - O
• Ministry: Ministry of Social Justice & Empowerment
-

• Miscellaneous:- Similar to NCSC

SPECIAL OFFICER FOR LINGUISTIC MINORITIES -

• Article: 350-B
e
• Appointment: By President
• Qualifications: Originally, Constitution did not make any &
provisions with respect to the office
O
- -

– It was created by the recommendations

-
of States Reorganisation Commission using 7th Constitutional Amendment of 1956
-

• Ministry: Ministry of Minority Affairs

• Miscellaneous: Investigates matters relating to the grievances arising out of non- implementation of constitutional safeguards or
schemes to safeguard linguistic minorities.

CAG
• &
Article: 148
• Appointment: By- President (Subscribe
-
to Oath before the President)
• Term: Constitution empowers the Parliament to determine conditions of service (CAG Act 1971 - Up to 6 years or 65 years of age)
• Removal: Same process as for the removal of SC judge
• Submit annual report to: President & Governor
– 3 Audit reports - 1. Appropriation 2. Finance 3. Public undertaking
• Further employment: Not allowed

O
• Miscellaneous: Heads the Indian Audits & Accounts department
– Centre: Audit only
&
– States: Audit + Account
-

-
-
– CAG Act, 1971: Duties, powers & functions.
– Agent of Parliament
-

ATTORNEY GENERAL OF INDIA

• Article: 76
• Appointment: By President
• Term: Holds office during the pleasure of the President. (Terms of services determined by President)
• Qualifications: ualified to become a judge in the Supreme court

© Study IQ Publications
154 Polity

• Removal: Pleasure of President

• Ministry: Ministry of Law & Justice
• Miscellaneous: Highest law officer of the country
– Possess Right to Audience across all courts in India,
– Right to Speak and take part in Parliamentary Proceedings in Both Houses (without the right to vote but enjoys all privileges);
– He is not a full-time counsel of Government and is not debarred from private practice

ADVOCATE GENERAL OF STATE

• Article: 165
• Appointment: By Governor
• Term: Holds office during the pleasure of the Governor. (Terms of services determined by Governor)
• Qualifications: ualified to become a judge in the High court
• Resignation: Governor
• Ministry: Ministry of Law & Justice
• Miscellaneous: Highest law officer of State.
– Right to Speak and take part in Proceedings in State Legislature (without the right to vote but enjoys all privileges);
– Not a full-time counsel of Government and is not debarred from private practice.

CEC and other ECs Bill, 2023

Context: the Union Government introduced the CEC and other ECs Bill, 2023 removing the Chief Justice of India (CJI) from a three-
member panel to select the Chief Election Commissioner (CEC) and Election Commissioners.
Related information:
• The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill,
2023, was introduced in the Rajya Sabha.
• According to this Bill, instead of the CJI, the three-member panel, when formed, would consist of a Cabinet Minister besides the
Leader of Opposition (LoP) in the Lok Sabha, and the Prime Minister, who would head it.
SC Judgement on appointment of Election Commission of India
In March 2023, A Constitution Bench of the Supreme Court ordered that Election Commissioners will be appointed 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.
More on judgement
Independent Staff: It called for the Election Commission to have an independent secretariat, rule-making powers, an independent
budget, and protection from impeachment.
• Financial Independence: Election Commission should draw funds directly from the Consolidated Fund of India, instead of having to
go to the Prime Minister’s Officer and the Law Ministry for funds and approvals.
• Safeguard to Election Commissioners: It extends the protection available to the CEC under the first proviso to Article 324(5) to other
Election Commissioners.
The court had said the order would hold good until a law was made by Parliament. Till this SC ruling, Election Commissioners and CECs
had been appointed by the President after recommendations from the government.

NCSC
Context: BJP leader Kishor Makwana, has been appointed as the chairperson of the National Commission for Scheduled Castes.
National Commission for Scheduled Castes (NCSC)
• Overview: the NCSC is a constitutional body established to safeguard Scheduled Castes against exploitation and to promote and
protect their social, educational, economic, and cultural interests.
Historical Evolution:
• Special Officer (Article 338): Initially, the Constitution provided for a Special Officer, titled the Commissioner for Scheduled Castes and
Scheduled Tribes, to oversee SC/ST welfare.
• 65th Constitutional Amendment Act, 1990: Amended Article 338 to replace the one-member system with a multi-member National
Commission for Scheduled Castes (SC) and Scheduled Tribes (ST).

© Study IQ Publications
Topic 35: Constitutional bodies, Non-Constitution bodies, Other bodies 155

• 89th Constitutional Amendment Act, 2003: Divided the National Commission into two separate bodies: the National Commission for
Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes (NCST), effective from 2004.
Composition:
• The NCSC comprises a Chairperson, a Vice-Chairperson, and three Members.
• These members are appointed by the President, as indicated by a warrant under his hand and seal.
• The President also determines their terms of service and tenure.
• The term of office for the Chairperson, Vice-Chairperson, and Members of the National Commission for Scheduled Castes (NCSC) is
three years from the date of assuming office.
• The Chairperson, Vice-Chairperson, and Members are not eligible for more than two terms.

NON-CONSTITUTIONAL BODIES/OTHERS
NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
• Act: Protection of Human Rights Act, 1993
• Composition: Chairperson & 5 Other Members + Ex-Officio Member (7) - Chairpersons of NCSC, NCST, NCBC, NC , NCPCR, NCM and
Chief Commissioner for PwD
• Appointment: President (On the recommendation of Committee consisting PM, Speaker of LS, Deputy Chairperson of RS, Leader of
Opposition in Both Houses & Union Home Minister)
• Term: Upto 3 years or 70 years of age (Conditions of service determined by Central government)
• Qualifications: Chairman - Must be retired CJI or SC Judge
– Members - 2 (Must be serving or retired SC Judge) + 3 (Having knowledge or practical experience with regards to Human Rights with
at least 1 woman)
• Removal: Similar to members of UPSC
• Resignation: To President
• Reappointment: Allowed
• Further employment: Not allowed
• Ministry: Ministry of Home Affairs
• Miscellaneous: Empowered to utilise the service of any officer or investigating agency of Central or State Government;
– Possesses powers of a civil court during its proceedings;
– It can only look into matters within one year of their occurrence.

STATE HUMAN RIGHTS COMMISSION (SHRC)

• Act: Protection of Human Rights Act, 1993
• Composition: Chairperson & 2 other members
• Appointment: Governor (On the recommendation of Committee consisting CM, Speaker of SLA, Chairperson of SLC, Leader of
Opposition in Both Houses & Minister of Home Affairs for the State)
• Term: Upto 3 years or 70 years of age (Conditions of service determined by State government)
• Qualifications: Chairman: Must be retired CJ or HC Judge
– Members: Retired or serving judge of HC or District judge with minimum 7 years experience and a person with knowledge and
practical experience with respect to Human Rights.
• Removal: Similar to members of UPSC
• Resignation: To Governor
• Reappointment: Allowed
• Further employment: Not allowed
• Miscellaneous: SHRC can inquire into violation of Human Rights only in respect of subjects mentioned in the State or Concurrent List
– Protection of Human Rights Act 1993 provides for the establishment of Human Rights Court in every district by State Government
with the concurrence of CJ of HC

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CENTRAL INFORMATION COMMISSION (CIC)

• Act: RTI Act, 2005 (Formed by Executive action)
• Composition: Chief information commissioner + Upto 10 Information commissioners
• Appointment: President (On the recommendation of Committee consisting PM, Leader of Opposition in Lok Sabha, and Union Cabinet
Minister nominated by the PM)
• Term: Prescribed by the Central government, or up to 65 years of age.
• Qualifications: Persons of eminence in public life with wide knowledge and experience in law, science and technology, social service,
management, journalism, mass media or administration and governance
– Note: Given they are not an MP/MLA/MLC, do not hold an Office of Profit, or connected to any political party
• Removal: Can be removed by President only in cases of Insolvency, Conviction to an Offence involving Moral Turpitude, Office of Profit,
or Infirmity of Mind or Body; Misbehaviour (Defined in Constitution) - Only upon binding advice of Supreme Court after enquiry
• Resignation: To President
• Reappointment: Not allowed
• Ministry: Ministry of Personnel
• Miscellaneous: CIC holds Suo-Moto Powers to order inquiry into matters if there are found reasonable grounds
– Submits its report to the Central Government which places it before Parliament.
– Holds power similar to Civil court when enquiring into complaints regarding RTI process & responses pertaining to offices, financial
institutions, PSUs under Central government and UTs.

STATE INFORMATION COMMISSION (SIC)

• Act: RTI Act, 2005
• Composition: State Chief information commissioner + Upto 10 Information commissioners
• Appointment: Governor (On the recommendation of Committee consisting CM, Leader of Opposition in Legislative Assembly, and State
Cabinet Minister nominated by the CM)
• Term: Prescribed by the Central government, or up to 65 years of age.
• Qualifications: Same as CIC
• Removal: Can be removed by Governor only in cases of Insolvency, Conviction to an Offence involving Moral Turpitude, Office of Profit,
or Infirmity of Mind or Body; Misbehaviour (Defined in Constitution) - Only upon binding advice of Supreme Court after enquiry
• Resignation: To Governor
• Reappointment: Not allowed
• Miscellaneous: SIC holds Suo-Moto Powers to order inquiry into matters if there are found reasonable grounds
– Submits its report to the State Government which places it before the State Legislature.
– Holds power similar to Civil court when enquiring into complaints regarding RTI process & responses pertaining to offices, financial
institutions, PSUs under State governments.

CENTRAL VIGILANCE COMMISSION (CVC)

• Act: Central Vigilance Commission Act, 2003.
• Composition: Central vigilance commissioner + Upto 2 vigilance commissioners
• Appointment: President (On recommendation of committee consisting PM, Union Home Minister and LOP in Lok Sabha)
• Term: Upto 4 years or 65 years of age
• Removal: Similar to CIC
• Resignation: To President
• Ministry: Ministry of Personnel
• Miscellaneous: Established through an executive resolution
– By Santhanam commission recommendation
– Apex vigilance institution of India to prevent & investigate corruption allegations.

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CENTRAL BUREAU OF INVESTIGATION (CBI)

• Act: Attached office under Ministry of Personnel
– CBI derives power from Delhi special police establishment Act, 1946)
• Composition: Director of CBI + Number of Joint directors, DIGs, SPs and other Police personnel
• Appointment: Director: Central Government (On the recommendation of Committee according to Lokpal Act 2014 consisting PM, LOP
in Lok Sabha, and CJI/Judge of Supreme Court)
• Term: As per CVC Act, Security of 2 years of tenure with eligibility to be reappointed thrice.
• Ministry: Ministry of Personnel
• Miscellaneous: Established on recommendation of Santhanam committee
– Investigates crimes relating to corruption, economic offences, serious and organised crime. (apart from terrorism)

NATIONAL DISASTER MANAGEMENT AGENCY (NDMA)

• Act: Disaster Management Act, 2005
• Composition: Prime Minister (Ex-officio chairman)
– Upto 9 members nominated by the chairperson of NDMA
• Ministry: Ministry of Home Affairs
• Miscellaneous:
– SDMA Composition CM(ex-officio Chairman) + Chairperson of State Executive Committee(ex-officio CEO) + Upto 8 members
nominated by Chairman,
– DDMA Composition → Collector/DM(ex-officio Chairman) + CEO of DDMA(appointed by State Government) + SP + CMO of District
+ Elected Representative of Local Authority(Co-Chairperson) + Upto 2 District Level Officer appointed by State Government.

LOKPAL
• Act: Lokpal & Lokayuktas Act, 2013
• Composition: Chairperson + Upto 8 Members (50% shall be judicial members and 50% must come from amongst the SCs, STs, OBCs,
Minorities, and omen)
• Appointment: President (On the recommendation of Selection Committee consisting of PM, Speaker of Lok Sabha, LOP in Lok Sabha,
CJI/Sitting Judge of Supreme Court, and Eminent Jurist)
• Ministry: Ministry of Personnel
• Miscellaneous: Under the purview of Lokpal - PM, Ministers, MPs and Officers from all Groups(A/B/C/D);
– It cannot undertake action suo moto;
– Lokayuktas: Composition and Functions vary from state to state

Lokpal and Lokayuktas Act, 2013

Context: Recently, A Division Bench of the Kerala High Court has held that the Lokayukta cannot investigate matters relating to the
selection of candidates by political parties for contesting elections.
Important facts for Prelims:
• The Lokpal and Lokayuktas Act, 2013 provides for the establishment of Lokpal at the centre; and Lokayuktas at the state levels to
inquire into allegations of corruption against public functionaries, and for related matters.
• Section 63 of the Lokpal and Lokayuktas Act, 2013 says, “Every state shall establish a body to be known as the Lokayukta for the State,
if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption
against certain public functionaries, within a period of one year from the date of commencement of this Act.”
– Even much before the enactment of the Act, many states in India had already set up the institutions of Lokayuktas.
• Appointment: In states, the Lokayukta and Up-Lokayukta are appointed by the Governor.
– At the time of appointment, the Governor, generally, consults the Chief Justice of the State High Court, and Leader of Opposition in
the State Legislative Assembly.
• Structure:The structure of Lokayukta does not follow a uniform pattern in all the states. (Lokayukta and Up-Lokayukta).
• Term of Lokayukta: the term of office fixed for Lokayukta in majority of states, is of five years duration or 70 years of age, whichever is
earlier; and the Lokayukta is not eligible for reappointment for a second term.
• Is CM under jurisdiction of Lokayukta- At the state level, there is no uniformity in case of the jurisdiction of Lokayukta. (In some states
like MP, MH, Gujarat etc. The office of CM is included under the jurisdiction, while in some states it is excluded).

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TRAI
Context: the Centre is planning to open the TRAI chairperson’s post to the private sector.
About TRAI:
• It is a statutory body established in 1997 through the Telecom Regulatory Authority of India Act, 1997, to regulate telecom services,
including fixation/revision of tariffs for telecom services.
• Objectives: the main objective of TRAI is to provide a fair and transparent policy environment which promotes a level playing field and
facilitates fair competition.
• Headquarters: the head office of the Telecom Regulatory Authority of India (TRAI) is located at New Delhi.
• Composition of TRAI:
– Members: TRAI consists of a Chairperson, two whole-time members and two part-time members, all of whom are appointed by
the Government of India.
� Chairperson: the Chairperson has the powers of general superintendence.
� He/She presides over the meetings of the TRAI.
• Recommendations: the recommendations of the TRAI are not binding upon the Central Government.
• Government Control over TRAI:
– TRAI is not a completely independent telecom regulator.
– Under section 25 of the Act, the government has the power to issue directions which are binding on TRAI.
– The TRAI is also funded by the Central Government.
• The TRAI Act was amended in 2000, establishing a Telecom Disputes Settlement and Appellate Tribunal (TDSAT).

Competition commission of India

Context: the Supreme Court has been hearing Coal India Ltd’s appeal against the Competition Commission of India which had imposed
a penalty of ₹591 crore on it.
• The Competition Commission of India (CCI) is a statutory body.
• It was established in 2009 by Government of India under the Competition Act, 2002 for the administration, implementation, and
enforcement of the Act.
• CCI is a quasi-judicial body.
• Composition: CCI consists of a Chairperson and 6 Members appointed by the Central Government.
• It should be noted that on the recommendations of Raghavan committee, the Monopolies and Restrictive Trade Practices Act, 1969
(MRTP Act) was repealed and replaced by the Competition Act, 2002.

National commission for protection of Child rights

Context: the NCPCR celebrated its 18th Foundation Day
Important facts for Prelims
• NCPCR is a statutory body established under the Commission for Protection of Child Rights (CPCR) Act, 2005.
• It is under the administrative control of the Ministry of Women and Child Development.
• Under the act, a Child is defined as a person in the 0 to 18 years age group
• This commission has a chairperson and six members of which at least two should be women. All of them are appointed by the Central
Government for 3 years.
• The maximum age to serve in the commission is 65 years for Chairman and 60 years for members. (Current Chairman- Priyank
Kanungo)
• The Chairman and the members are prohibited to hold office for more than two terms.
• Initiatives of commission to protect children- GHAR, MASI portal, Bal Swaraj portal.
• NCPCR also monitors effective implementation of:
– Protection of Children from Sexual Offences (POCSO) Act, 2012;
– Juvenile Justice (Care and Protection of Children) Act, 2015;
– Right to Free and Compulsory Education (RTE) Act, 2009.

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CIC
Context: the Supreme Court has affirmed that the Central Information Commission (CIC) holds the authority to form benches and set
regulations, emphasising the importance of its autonomy for effective functioning.
Central Information Commission (CIC)
• Establishment: the CIC was established under the Right to Information Act (RTI), 2005 as an independent statutory body to handle
complaints and appeals pertaining to requests for information under the RTI Act.
Composition:
• The CIC consists of a Chief Information Commissioner and up to 10 Information Commissioners.
• The President of India appoints the Chief and other Information Commissioners based on recommendations from a committee
comprising the Prime Minister, Leader of Opposition in the Lok Sabha, and a Cabinet Minister nominated by the Prime Minister.
Term and Conditions:
• The Chief Information Commissioner and Information Commissioners hold office for a term of 3 years or until they reach the age of 65,
whichever is earlier.
• They are not eligible for reappointment after their term ends.

Law Commission
Context: 22nd Law Commission of India submitted its Report No. 284, titled “Revisiting the Law on Prevention of Damage to Public
Property,” to GOI.
• The Law Commission of India is an executive body established by an order of the Government of India.
• It is neither a constitutional body nor a statutory body.
• Its primary function is to work towards legal reforms.
• The Commission is set up for a fixed tenure and serves as an advisory body to the Ministry of Law and Justice.
• Legal experts primarily make up its membership
Amendments to PDPP Act, 1984:
• Require bail applicants to deposit an amount equal to the estimated value of damaged property.
• Introduce comprehensive legislation targeting willful obstruction of public spaces, with potential provisions in Bharatiya Nyay Sanhita
(BNS).
Constitutional and Legal Provisions:
• Fundamental Right under Article 19: Includes the right to protest, but excludes disruptive or nuisance-causing demonstrations.
• Fundamental Duty under Article 51A: Citizens must protect public property and avoid violence.
• PDPP Act, 1984: Addresses acts of mischief that result in damage to public assets.

Enforcement Directorate
Context: ED confiscates Properties of accused under PMLA Act
The Anti-Money laundering legislation was passed by the government in 2002 and came into force on July 1, 2005.
Money Laundering is the process of converting black money into white money. It involves the process of hiding the source of money
obtained from illegal sources and converting it into clean money (thereby making it appear to have come from a legitimate source).
Enforcement Directorate (ED)
It is a multi-disciplinary organisation mandated with investigation of economic crimes and violations of foreign exchange laws. It is an
executive agency under the Department of Revenue, Ministry of Finance (GoI).
• Role of ED in relation to PMLA, 2002: the ED has been given responsibility to enforce the provisions of the PMLA by conducting
investigation.
– To trace the assets derived from proceeds of crime,
– To provisionally attach the property, and
– To ensure prosecution of offenders and confiscation of property by the Special Court.
• Functions of ED: It enforces provisions of following laws
– The Foreign Exchange Management Act, 1999
– The Prevention of Money Laundering Act, 2002
– The Fugitive Economic Offenders Act, 2018
ECIR: Enforcement Case Information Report, not necessary for ED to supply it to the Accused.

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GST Appellate Tribunal

Context: GST Council, in its 49th meeting, has approved the creation of the GST Appellate Tribunal.
• Section (109) of the Goods and Service Tax Act, 2017 (CGST Act) empowers the Union Government to constitute a GSTAT and its
Benches.
• It is a specialised authority to resolve disputes related to GST laws at the appellate level.
• The GST Tribunal will have one principal bench in New Delhi and as many benches or boards in States as decided by each State, subject
to approval of the Council.
• Members: the bench shall have two judicial members and two technical members, with a senior judicial member of the State High
Court in the selection panel. For a particular State bench, all judicial and technical members will be from that State.The CGST Act
provides for a member’s tenure to last four years with a provision of a two-year extension.

NITI Aayog
Context: NITI Aayog has been reconstituted, now including 15 Union Ministers, including representatives from NDA allies.
NITI (National Institution for Transforming India) Aayog
It was formed via a resolution of the Union Cabinet in 2015, and replaced the Planning Commission to foster cooperative federalism
and drive sustainable development goals.
Composition:
• Chairperson: the Prime Minister of India.
• Vice Chairperson: Appointed by the Prime Minister.
• Full-Time Members: Leading experts and professionals in economics, finance, and policy.
• Ex-Officio Members: Up to four Union Ministers nominated by the Prime Minister.
• Chief Executive Officer (CEO): Appointed by the Prime Minister to oversee day-to-day operations.
• Regional Council: Consists of state Chief Ministers and Lieutenant Governors of Union Territories to address regional issues.
• Special Invitees: Subject experts invited for specific expertise as needed.
Specialized Wings in NITI Aayog:
• Research Wing: Serves as NITI Aayog’s think tank, developing in-house sectoral expertise.
• Consultancy Wing: Acts as a marketplace for expertise and funding for central and state governments.
• Team India Wing: Consists of representatives from each state and ministry, enabling a collaborative pla orm.

UAPA and NIA

Context: A three-judge bench of the Supreme Court has held that mere membership of a banned association is sufficient to constitute an
offence under the Unlawful Activities (Prevention) Act, 1967. This is a severe blow to principles of fundamental justice.
Important Facts for Prelims:
• UAPA was passed in 1967. It aims at the effective prevention of unlawful activities associations in India. Unlawful activity refers to any
action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.
• Section 3 of UAPA empowers the central government to declare an association as unlawful if it believes that the association is involved
in unlawful activities that threaten the sovereignty, unity, and integrity of India.
• Section 15 of the UAPA defines “terrorist act” and is punishable with imprisonment for a term of at least five years to life. In case the
terrorist act results in death, the punishment is death or imprisonment for life.
• The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by
way of an Official Gazette, declare it so.
• Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if the
crime is committed in a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum of 180 days after the arrests and the duration can be
extended further after intimating the court. (in normal cases time to file chargesheet is 60-90 days)
National Investigation Agency (NIA)
• The NIA is the Central Counter-Terrorism Law Enforcement Agency of India constituted under the National Investigation Agency (NIA)
Act, 2008, after the 26/11 Mumbai terror attack.
• It functions under the aegis of the Ministry of Home Affairs. (HQ- New Delhi)
• The agency is empowered to deal with the investigation of terror-related crimes across states under written proclamation from the
Ministry of Home Affairs without special permission from the states.

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3. Information from CAG reports can be used by investigating agencies to press charges against those who have
violated the law while managing public finances.
4. While dealing with the audit and accounting of government companies, CAG has certain judicial powers for
prosecuting those who violate the law.
Which of the statements given above is/are correct?
(a) 1,3 and 4 only (b) 2 only
(c) 2 and 3 only (d) 1,2,3 and 4
Answer: (c)

TOPIC 36: MISCELLANEOUS

LAND ACQUISITION
Context: Lakshadweep residents are expressing anger as the local administration continues to number trees on “Pandaram lands” (local
traditional land owned collectively or privately by residents).
Land Acquisition Laws in India
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR Act):
• The LARR Act governs land acquisition, ensuring fair compensation, rehabilitation, and resettlement of those affected by acquisition.
• Requires prior consent from affected communities for land acquisition for private projects (80%) and public-private partnership (PPP)
projects (70%).
• Mandates a Social Impact Assessment (SIA) to assess impacts on local communities and environment before acquisition.
Other Provisions
• It requires environmental and forest clearances, especially when they involve ecologically sensitive areas with significant tree cover or
traditional lands, like those in Lakshadweep.
• Forest Rights Act, 2006: Protects forest-dwelling communities’ rights over forest lands, requiring recognition and fair compensation
before any acquisition.

AADHAAR
Context: the EPFO has removed Aadhaar from the list of accepted documents for updating or correcting the date of birth.
Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
This Act establishes the Unique Identification Authority of India (UIDAI) as the statutory authority responsible for Aadhaar operations.
• Issuance of Aadhaar: Mandates unique Aadhaar numbers for residents using biometric and demographic data.
• Authentication: Provides a framework for identity verification via Aadhaar for accessing services.
• Data Protection: Includes provisions to ensure confidentiality and security of Aadhaar data.
• Offences and Penalties: Sets penalties for unauthorised access, data breaches, and misuse of Aadhaar.
Employees’ Provident Fund Organisation (EPFO)
• It is a statutory body under the Ministry of Labour and Employment.
• Provides financial security through EPF, Pension, and Insurance schemes for retirement, disability, or death.
Key functions
• Employees’ Provident Fund Scheme: Monthly employee and employer contributions, with interest, available for withdrawal on
retirement or certain conditions.
• Employees’ Pension Scheme (EPS): Part of employer contribution for employee pensions after retirement.
• Employees’ Deposit Linked Insurance Scheme (EDLI): Life insurance for EPF members in case of death during employment.
• Digital Services: Offers e-passbooks, claim submissions, and UAN (Universal Account Number) for job portability.
• Regulatory Role: Ensures employer compliance with EPF contributions and addresses grievances.

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CINEMATOGRAPH ACT
Context: Centre notifies Cinematograph (Certification) Rules, 2024.
Key features of the Cinematograph (Certification) Rules, 2024
• Term of Office: Members serve at the Central Government’s discretion.
• Women’s Representation: At least 1/3 of the Board must be women, ideally 50%.
• Temporary Chairperson: Government may appoint a member as acting Chairperson if needed.
• Advisory Panels: Established at regional offices by the Central Government.
• Efficiency Improvements: Faster, fully digital certification processes to reduce delays.
• UA Classification: UA category split into three age-based groups, voluntarily used.
– Seven years (UA 7 + )
– Thirteen years (UA 13 + )
– Sixteen years (UA 16 + )
• Priority Screening: Allows faster certification in urgent cases for filmmakers.
• TV Category Change: Recertification required for edited films to broadcast on TV.
• Perpetual Certification: Removes the 10-year validity limit for film certificates.

POST OFFICE ACT

Context: The Post Office Act 2023 replaces the Indian Post Office Act, 1898.
Key highlights:
• Interception and Detention of Postal Items:
– Section 9: Authorises the Centre to permit officers to intercept or detain postal items for reasons related to state security, foreign
relations, or customs issues.
– Items containing prohibited goods or liable for customs duty can be transferred to customs authorities.
• Exemption from Liability:
– Section 10: Post Office and its officials are exempt from liability for loss, misdelivery, delay, or damage, except where specifically
prescribed.
• Penalty for Service Use:
– Section 7: Individuals using postal services must pay applicable charges, with unpaid charges recoverable as arrears of land revenue.
• Removal of Penalties and Offences:
– The Act removes penalties and offences from the 1898 Act, including misconduct, fraud, and theft by postal officials.
– Offences like unauthorised mail opening, once punishable, are no longer penalised under the 2023 Act.
• Centre’s Exclusivity:
– The Act removes the Centre’s exclusive privilege to convey letters, formally recognizing the role of private courier services and
bringing them under regulatory oversight.
• Director General of Postal Services:
– Authorised to regulate postal services and set charges without requiring parliamentary approval.
• Identifiers and Post Codes:
– Section 5(1): the Centre may prescribe standards for addresses, address identifiers, and postcodes, aiming to introduce digital codes
for geographic precision.

DIPLOMATIC PASSPORT
Context: Diplomatic passport holders in India enjoy certain privileges and do not require visas for travel to 34 countries under visa
exemption agreements.
Diplomatic Passports
Issued to individuals holding diplomatic status or those on official duty abroad. Features maroon covers and is valid for five years or less.
Holders enjoy privileges and immunities:
• Exemption from arrest and detention.
• Exemption from specific legal proceedings in the host country.

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Issued by the Ministry of External Affairs (MEA) to:

• Diplomats and government officials on official duty.
• Officers from Indian Foreign Service (IFS) branches A and B.
• Immediate family members of IFS and MEA officials.
• Authorised individuals on government-sanctioned travel.
Grounds for Revocation (Passport Act, 1967):
• Holder is in wrongful possession.
• Obtained by suppression of material information.
• Required for sovereignty and integrity of India or India’s foreign relations.
• Conviction with a minimum two-year prison sentence.
• Court orders during criminal proceedings.

TELECOM ACT
Context: Key provisions of the new Telecom Act took effect on July 5, 2024, introducing changes in spectrum use, equipment regulation,
and TRAI appointments.
Provisions of the Telecommunications Act 2023
• Spectrum Utilisation: Enables sharing, trading, leasing, and flexible, technology-neutral spectrum use, with government enforcement
mechanisms.
• Blocking Equipment Ban: Prohibits equipment that blocks telecommunications, unless approved by the government.
• TRAI Appointments: Section 59(b) of the Act will amend section 4 of the TRAI Act 1997 and prescribes criteria for appointment of
Chairperson and Members of TRAI.

EUTHANASIA
Context: the Supreme Court of India simplified the rules on passive euthanasia in cases of terminal illness.
Important for Prelims:
• Living Will: Advance Medical Directives (AMD) or ‘living will’ allows a person to choose how he or she dies under certain medical
conditions.
• Passive Euthanaisa: It refers to withdrawing life support or treatment that is essential to keep a terminally ill person alive.
– The Supreme Court in Common Cause vs. Union of India & Anr, 2018, allowed passive euthanasia.
– It recognised the living wills of terminally-ill patients who could go into a permanent vegetative state and issued guidelines regulating
this procedure.
Guidelines for Passive Euthanasia:
• Three-Tier Structure: Under the guidelines, foregoing life support involved a three-level system of oversight
– an internal medical board for a preliminary opinion,
– A board constituted by the District Collector,
– Physical verification by a judicial magistrate.
Recent changes by SC:
Two-tier Process: SC has removed the clause that required the permission of a judicial magistrate to forego life support.
– The review board will also be approved by the chief medical officer instead of the district magistrate.
• Composition of the primary board has been changed from at least four experts from general medicine, cardiology, neurology,
nephrology, psychiatry or oncology with overall 20 years of experience to three experts including the treating physician and two
doctors with specialties and five years of experience.
• On Living Will: In 2018 Judgement, only a judicial magistrate could attest or countersign a living will, which would remain with the
district court.
– However, living will can now be signed by the executor in the presence of two attesting witnesses, preferably independent, and
attested before a notary or gazetted officer instead of a judicial magistrate.
• Time Bound Decision: 2018 judgement made no mention of any stipulated time within which a decision had to be made.
– Now, a secondary board must immediately be constituted by the hospital and the primary/secondary board must arrive at a
decision within 48 hours on withdrawal of further treatment.
• Role of Collector: Both boards will now be constituted by the hospital itself, removing the role of the collector.
Note: the above procedure is not mentioned in any law. These are guidelines by the Supreme Court and will exist until Parliament
passes any law in this regard.

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PRISON REFORMS
Context: the Supreme Court has decided to review the suggestions put forward by a committee it established in 2018 that was tasked
with assessing the issues a icting prisons nationwide, including deficiencies in medical care and other amenities for inmates, and
proposing remedies.
Important facts for Prelims:
• State Subject: Prisons’ is a State subject under the State List of the Seventh Schedule to the Constitution of India.
• Prison Act,1894:The management and administration of Prisons falls exclusively in the domain of the State Governments, and is
governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments
Various Committees related to Prison Reforms in India
• The Indian jail reform committee: Macaulay’s Minute of 1835 was responsible for laying down the foundations of the prison system
in India.
• Modern Prison Manual: An All-India Jail Manual Committee was set by the Indian government to prepare a Jail Manual. The bedrock
of prison management in India is based on the manual.
• Justice Mulla committee: the Mulla committee was set up in 1980 to review the laws, rules, and regulations for protecting society
and reforming offenders.
• Justice Krishna Iyer committee: the Iyer committee highlighted the plight of women prisoners and suggested the need to induct more
women into the Police Services and management.
• Justice Roy committee: the committee made recommendations with respect to issues such as overcrowding in prisons and correctional
homes and recommended remedial measures.
• Justice Malimath Committee: the committee suggested reforms such as replacing the death penalty with life imprisonment without
commutation or remission.
Rights of Prisoners in the constitution:
• Right to life: the right to life has been explicitly mentioned as a fundamental right that finds no distinction between a prisoner and a
common citizen.
• Right to free legal aid: Article 39-A provides for Right to free legal aid. Despite it being non-enforceable, the state should keep this in
mind while framing laws and policies for prisoners.

CASTE CENSUS *
Context: the Bihar government conducted a caste survey, revealing that 63% of the state’s population belonged to OBC (Other Backward
Class) and EBC (Extremely Backward Class) categories. This led to demands for a nationwide caste census by Opposition parties.
What is Socio-Economic Caste Census?
It is a comprehensive study of the socio-economic status of rural and urban households. Additionally, SECC includes a caste census,
which provides information on the caste composition of the population.
Important facts for Prelims:
• Every Census in independent India from 1951 to 2011 has published data on Scheduled Castes and Scheduled Tribes, but not on other
castes.
– Before that, every Census until 1931 had data on caste.
– However, in 1941, caste-based data was collected but not published.
• SECC 2011 was the first caste-based census since the 1931 Census of India.
• Components of SECC: Ministry of Rural Development commenced the SECC 2011 on 29th June, 2011. It has three census components,
but under the overall coordination of the Department of Rural Development.
– Census in Rural Areas has been conducted by the Department of Rural Development.
– Census in Urban areas is under the administrative jurisdiction of the Ministry of Housing and Urban Poverty Alleviation (MoHUPA).
– Caste Census is under the administrative control of the Ministry of Home Affairs: Registrar General of India (RGI) and Census
Commissioner of India.
• SECC 2011 is also the first paperless census in India conducted on hand-held electronic devices.

SPECIAL MARRIAGE ACT

Context: A prominent actress has got married under the Special Marriage Act of 1954 (SMA).
About Right to marry and Special Marriage Act,1954
• Right to marry in India: Supreme Court in its recent rulings held that Right to marry is not a fundamental right under the Indian
Constitution.

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• The Act: the Special Marriage Act of 1954 (SMA) was passed in 1954, to govern a civil marriage where the State sanctions the marriage
rather than the religion.
• Enables Inter-Faith Marriage: Issues of personal law such as marriage, divorce, adoption are governed by religious laws that are
codified. These laws require either spouse to convert to the religion of the other before marriage.
– However, the SMA enables marriage between inter-faith or inter-caste couples without them giving up their religious identity or
resorting to conversion.
• Applicability: the applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains,
and Buddhists, across India.
• Age: the minimum age to get married under the SMA is 21 years for males and 18 years for females.
Important Provisions of the Act:
• Section 5: the parties to the marriage are required to give a notice, in writing, to a “Marriage Officer” of the district in which at least
one of the parties has resided for at least 30 days immediately preceding the notice.
• Section 6: It requires such a notice to be then entered into the Marriage Notice Book maintained by the Marriage Officer, which can be
inspected by “any person desirous of inspecting the same”.
• Section 7: It provides the process for making an objection, such as, if either party has a living spouse, is incapable of giving consent due
to “unsoundness of mind” or is suffering from mental disorder, resulting in the person being unfit for marriage or procreation.
• Section 8: It specifies the inquiry procedure to be followed after an objection has been submitted.
• Certificate of Marriage: Before the marriage is solemnised, the parties and three witnesses are required to sign a declaration form
before the Marriage Officer.
– Once the declaration is accepted, the parties will be given a “Certificate of marriage” which is essentially proof of the marriage.
• Inheritance: Once married as per the law, under Section 19 of the Act, any member of an undivided family who professes the Hindu,
Buddhist, Sikh or Jain religion shall be deemed to effect their severance from the family.
– This would affect rights, including the right to inheritance, of the persons choosing to marry under the SMA.

CONTENT BLOCKING IN INDIA

Context: According to the Ministry of Electronics and Information Technology, 4,999 YouTube links have been blocked by the Union
Government so far.
About Content blocking
• Section 69A of the Information Technology Act, 2000, empowers the government to block online content.
– Grounds: Section 69A allows the government to order the blocking of content on the grounds of it being necessary or expedient
to do so in the interest of sovereignty and integrity, defence of India, security of the State, friendly relations with foreign States or
public order or for inciting cognizable offence relating to above.
– Backing law: Under Information Technology (Procedure and Safeguards for Blocking for Access of Information for Public) Rules,
2009, the government passed the order.
• A Review Committee is required to meet at least once in two months to see if blocking under Section 69A were necessary.
– None of the 32,325 blocking orders passed since 2014 have been overturned by the Review Committee.

NATIONAL SECURITY ACT

Context: the National Security Act, 1980 has been invoked against separatist leader Amritpal Singh in Punjab.
What is National Security Act,1980
• Origin: NSA was passed by the Parliament in 1980. The act empowers the state to detain a person without a formal charge and without
trial.
• Reason behind invoking:
– The act is invoked to take a person into custody, preventing them from acting in any manner prejudicial to “the security of the state”
or for “maintenance of the public order”.
• Authority to invoke:
– The act is invoked through an administrative order passed either by the Divisional Commissioner or the District Magistrate (DM).
– The District Magistrate can slap NSA against an individual even if they are in police custody.
– No legal proceedings can be initiated against the official who carries out the orders under NSA.

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• Provisions under NSA, 1980:

– Re-arrest: A person can be detained under the NSA even if the same person has been acquitted by the court.
– Producing before magistrate: the NSA snatches away the individual’s constitutional right to be produced before the magistrate
within 24 hours.
– Provision of bail: the detained person loses the right to move a bail application before a criminal court.
– Detention without charges: Individuals charged under NSA can be detained without a charge for a maximum period of 12 months.
� The detainee can be held for 10 to 12 days in special circumstances without informing them about the charges against them.
• Grounds for detention:
– Individuals can be detained to prevent them from acting in any manner prejudicial to the defence of India, relations of India with
friendly countries or the security of India.
– The law can also be invoked to prevent a person from acting in any manner prejudicial to the maintenance of supply and services
essential to the community.
• Remedies against NSA:
– Persons detained under NSA have the right to make an effective representation before an independent advisory board, which
consists of three members and is chaired by a member who is, or has been, a judge of a high court.
– The writ of habeas corpus is another remedy available under the Constitution against the state’s power of taking people into custody
under the NSA.

DRUG PATENT IN INDIA

Context: Assistant Controller of Patents and Designs has rejected J&J plea for patent extension on TB drug.
About drug patent in India
• Patent is a form of Intellectual Property Right (IPR) in which an inventor agrees to disclose the entire invention, in return for an
exclusive right to stop others from using or making that invention.
• Ge ng patents in India:
– The inventor must apply to the government by describing the invention in writing to get a patent, through a patent application.
– If there is no pre-granted opposition to the patent, application will be accepted, and patent is granted. After being granted a patent,
the applicant can get a royalty from such inventions.
• Types of drug patents:
– Primary patent: Patents given for active ingredients are referred to as primary patents.
– Secondary patent: Patents filed on other aspects such as different dosage forms, formulations, production methods etc. of the active
ingredient are referred to as secondary patents.
• Indian Patents Act, 1970:
– The Patents Act, 1970 governs patents in India. The Office of the Controller General of Patents, Designs and TradeMarks is
responsible for implementing the Indian Patent Act.
• Eligibility for drug patents
– The law provides patent protection for pharmaceutical items and pharmaceuticals.
– Medicinal substances are patentable to the extent that patents would only apply to novel chemical entities.
• Non-eligibility
– Section 3(d) of the Patents Act categorically states that salt forms and derivatives of known substances are not patentable.
– Known procedure is not patentable and cannot be regarded as distinct from the known substance.
– Inventions involving well-known chemicals cannot be patented unless the invention exhibits a significant increase in efficacy.
• Significance
– Section 3 (d) of the act prevents the “evergreening of patents” by providing that only those pharmaceutical compounds that
demonstrate significantly improved “efficacy” can be patented.

FOREIGN CONTRIBUTION REGULATION ACT (FCRA)

Context: the Union Ministry of Home Affairs (MHA) has recommended the CBI probe against Oxfam India for the violation of the
provisions of Foreign Contribution (Regulation) Act.
Important facts for Prelims regarding FCRA:
• FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.

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• It was enacted in 1976 and was recently amended in 2022.

• Application: It is applicable to all associations, groups and NGOs which intend to receive foreign donations.
• FCRA requires every person or NGO seeking to receive foreign donations to be
– Registered under the Act.
– To open a bank account for the receipt of the foreign funds in State Bank of India, Delhi.
– To utilise those funds only for the purpose for which they have been received and as stipulated in the Act.
– They are also required to file annual returns, and they must not transfer the funds to another NGO.
• Prohibition: the Act prohibits the receipt of foreign funds by candidates for elections, journalists or newspaper and media broadcast
companies, judges and government servants, members of legislature and political parties or their office-bearers, and organisations of
a political nature.
• Validity: the registration is initially valid for five years and it can be renewed subsequently if they comply with all norms.
• Cancellation of Registration: Registration can be cancelled if an inquiry finds a false statement in the application.
– Once the registration of an NGO is cancelled, it is not eligible for re-registration for three years.
– The MHA also has the power to suspend an NGO’s registration for 180 days pending inquiry and can freeze its funds.
– All orders of the government can be challenged in the High Court.
FCRA 2022 Rules:
• It increased the number of compoundable offences under the Act from 7 to 12.
• Exemption from intimation to the government for contributions less than Rs 10 lakh – the earlier limit was Rs 1 lakh received from
relatives abroad, and increase in time limit for intimation of opening of bank accounts.
• The new rules reduced the limit on administrative expenses from 50 % to 20%.

COAL MINES ACT

Context: Competition Commission of India (CCI) said in the Supreme Court that Coal Mines (Nationalisation) Act, 1973, does not relate
to trade and commerce of coal, and thus does not protect Coal India Ltd (CIL) from the competition laws.
• Section 54 of the Competition Act, 2002, provides for exemptions and the government has exercised its power in two cases, but has
not exempted Coal India from application of the competition law.
About Coal Mines Nationalisation Act,1973
• It was enacted by the Indian Parliament, providing for the acquisition and transfer of the right, title and interest of the owners in
respect of coal mines specified in the Schedule.
• Objective: To ensure the rational, coordinated and scientific development and utilisation of coal resources consistent with the growing
requirements of the country.
• Under the Act, coal mining is exclusively reserved for the public sector.
• 1976 Amendment to the Act: Two exceptions to this policy were introduced, viz.
– captive mining by private companies engaged in the production of iron and steel;
– sub-lease for coal mining to private parties in isolated small pockets not amenable to economic development and not requiring rail
transport;
• 1993 Amendment to the Act: It allows private sector participation in captive coal mining for generation of power, for washing of coal
obtained from a mine or for other end uses to be notified by the Government from time to time in addition to the existing provision
for the production of iron and steel.

PENSION REFORMS
Context: T V Somanathan Panel to review the pension system for government employees will deliberate on whether any changes are
required to the National Pension System, and suggest the measures which will improve pensionary benefits for government employees
while maintaining fiscal prudence for the exchequer.
Related information:
• About Old Pension Scheme: Pension to government employees at the Centre as well as states was fixed at 50 per cent of the last
drawn basic pay.
– Only government employees are eligible for receiving a pension after retirement.
– Income under the old pension scheme doesn’t attract tax.
– It was described as a ‘Defined Benefit Scheme’, as it lay promise of an assured or ‘defined’ benefit to the retiree.

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