Polity Set 143
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π Polity β’ Supreme Court Judgments
Q.1) The historic Supreme Court judgment that declared the Electoral Bonds scheme unconstitutional and violative of the right to information (Article 19(1)(a)) was delivered in which year?
Ans > 2024
- Introduction of the Scheme: The Electoral Bond scheme was introduced through the Finance Act of 2017 and officially notified in January 2018. It was originally pitched as a banking mechanism to ensure transparency in political funding by allowing individuals and corporations to purchase anonymous, interest-free bearer bonds exclusively from the State Bank of India (SBI).
- The Constitutional Bench Ruling: On February 15, 2024, a landmark decision was delivered by a five-judge Constitution bench headed by Chief Justice of India D.Y. Chandrachud. The bench unanimously struck down the scheme, ruling that the anonymity provided by the bonds directly violated the citizenβs fundamental right to information guaranteed under Article 19(1)(a).
- Corporate Funding Amendments Quashed: Alongside the bonds, the Supreme Court invalidated crucial amendments made to the Companies Act, 2013. These amendments had previously removed the restriction that capped corporate donations at 7.5% of a company’s net profits.
- Immediate Directives to SBI: Following the ruling, the State Bank of India was ordered to immediately halt the issuance of new bonds and submit all historical purchase and encashment data to the Election Commission.
π Polity β’ Elections
Q.2) In the landmark case PUCL v. Union of India (2013), the Supreme Court directed the Election Commission to introduce which feature in the electoral process?
Ans > NOTA (None of the Above)
- The PUCL Public Interest Litigation: The introduction of NOTA was the direct result of a PIL filed by the People’s Union for Civil Liberties (PUCL). The Supreme Court ruled that the right to vote inherently includes the right not to vote for any candidate while maintaining ballot secrecy.
- Electoral System Significance: NOTA empowers voters to express their dissatisfaction. The Supreme Court observed that providing a negative voting option would compel political parties to field candidates with better backgrounds and integrity.
- Integration with Voting Machines: Following the 2013 judgment, the ECI mandated the addition of a specific NOTA button on all EVMs, always positioned at the very bottom of the candidate list.
- Limitations of the NOTA Vote: NOTA does not equate to a “Right to Reject.” Under current rules, even if NOTA receives the maximum votes, the contesting candidate with the next highest valid votes is declared the winner.
π Polity β’ Acts & Bills
Q.3) Under Section 8(3) of the Representation of the People Act, 1951, a sitting MP or MLA convicted of any offense and sentenced to imprisonment for not less than two years shall be disqualified for a further period of how many years since their release?
Ans > 6 years
- Statutory Framework: The Representation of the People Act, 1951, governs elections and disqualifications. Section 8 outlines grounds for disqualification arising from criminal convictions.
- The Lily Thomas Case Impact: In Lily Thomas v. Union of India (2013), the Supreme Court struck down Section 8(4), which previously allowed lawmakers a three-month window to appeal. Disqualification is now immediate upon conviction and sentencing of two years or more.
- Calculation of Total Disqualification: If a legislator is sentenced to three years, they are disqualified for those three years, plus an additional flat period of six years following their release (total 9 years).
- Application in High-Profile Cases: This led to the temporary disqualification of Rahul Gandhi in 2023 following a defamation conviction, which was later stayed by the Supreme Court.
π Polity β’ Constitutional Bodies
Q.4) How many times has the Delimitation Commission been established in India under the Delimitation Commission Acts?
Ans > Four times (1952, 1962, 1973, and 2002)
- Constitutional Mandate: Article 82 requires Parliament to enact a Delimitation Act after every census to readjust Lok Sabha seats. Article 170 mandates the same for State Legislative Assemblies.
- Historical Setup Dates: The Commission has been constituted exactly four times: 1952, 1962, 1973, and 2002. No commissions were established following the 1981 and 1991 censuses.
- Current Freeze on Seat Numbers: The 84th Constitutional Amendment Act (2001) froze the total number of existing seats at the 1971 census levels until the first census after 2026.
- Absolute Legal Authority: The Delimitation Commission operates as an independent body. Its final orders have the absolute force of law and cannot be challenged in any court.
π Polity β’ Fundamental Rights
Q.5) The Right to Information (RTI) is implicitly guaranteed by the Constitution. The RTI Act officially came into force on:
Ans > October 12, 2005
- Constitutional Foundation: The Supreme Court has repeatedly held that the RTI is implicitly embedded within Article 19(1)(a) (freedom of speech and expression).
- Grassroots Movement Origins: The legislative push was largely driven by civil society movements, notably the Mazdoor Kisan Shakti Sangathan (MKSS) in Rajasthan regarding village development funds.
- Overriding Previous Secrecy Laws: Section 22 of the RTI Act gives it an overriding effect over the colonial-era Official Secrets Act of 1923.
- Timeline of Enactment: It received Presidential assent on June 15, 2005, and fully came into operational force 120 days later, officially beginning on October 12, 2005.
π Polity β’ Anti-Corruption
Q.6) The Lokpal and Lokayuktas Act, 2013, establishes the Lokpal at the Centre. What is the term of office for the Chairperson and Members?
Ans > 5 years or up to 70 years of age
- Historical Origins: The Lokpal is derived from the Scandinavian “Ombudsman”. The term “Lokpal” was coined by L.M. Singhvi in 1963.
- Catalyst for the 2013 Legislation: The eventual passage was heavily catalyzed by the nationwide anti-corruption movement led by Anna Hazare in 2011.
- Composition and Term Limits: The Lokpal consists of one Chairperson and a maximum of eight members. Their term is fixed at 5 years or up to 70 years of age, whichever comes first.
- Extensive Jurisdiction: Its jurisdiction includes investigating corruption allegations against the Prime Minister (with safeguards), Union Ministers, MPs, and all central government officers.
π Polity β’ Constitutional Amendments
Q.7) Which committeeβs recommendations formed the basis for the 69th Constitutional Amendment Act (1991), granting special status to Delhi?
Ans > Balakrishnan Committee
- Formation of the Committee: In 1987, the government appointed a committee headed by S. Balakrishnan to study the administrative reorganization of Delhi.
- The 69th Amendment Act: Based directly on this report, Parliament passed the 69th Amendment in 1991, designating Delhi as the “National Capital Territory of Delhi” (NCT).
- Creation of Article 239AA: It provided Delhi with a 70-member Legislative Assembly and a Council of Ministers headed by a Chief Minister.
- Key Subject Exceptions: Public Order, Police, and Land were specifically excluded and remain under the exclusive control of the Union Government via the Lieutenant Governor.
π Polity β’ Executive
Q.8) Article 77 of the Constitution states that the President shall make rules for the convenient transaction of the business of the Government. These are known as:
Ans > Government of India (Allocation of Business) Rules
- Constitutional Executive Power: Article 77 mandates that all executive actions of the Government of India shall be expressed in the name of the President.
- Creation of Ministries: The Allocation of Business Rules, 1961, serve as the blueprint for creating ministries and allocating subjects and responsibilities to each.
- Transaction of Business Rules: While Allocation decides *who* handles a subject, Transaction rules dictate *how* decisions are made (e.g., when matters must go before the Cabinet).
- Role of the Cabinet Secretariat: It acts as the primary custodian of both rules, ensuring inter-ministerial coordination and jurisdictional boundaries.
π Polity β’ Administration
Q.9) The Cabinet Secretariat, which provides secretarial assistance to the Union Cabinet, functions directly under the administration of the:
Ans > Prime Minister
- Evolution of the Secretariat: It traces its lineage back to the Executive Council of the Governor-General, later reorganized for the Union Cabinet post-independence.
- Direct Administrative Control: Unlike regular ministries, the Cabinet Secretariat functions directly under the leadership and administrative control of the Prime Minister.
- Core Operational Functions: It prepares the agenda for Cabinet meetings, records decisions, and ensures ministries implement these decisions as the central coordinating agency.
- Management of Intelligence Agencies: It also houses the administration of R&AW and oversees the Special Protection Group (SPG) and the Joint Intelligence Committee.
π Polity β’ Civil Services
Q.10) The highest-ranking civil servant in the Government of India, who also acts as the ex-officio head of the Civil Services Board, is the:
Ans > Cabinet Secretary
- Pinnacle of the Bureaucracy: The Cabinet Secretary sits at the absolute apex of the Indian administrative hierarchy and serves as the administrative head of the Cabinet Secretariat.
- Selection and Tenure: Traditionally chosen from the senior-most IAS officers. While the standard tenure is two years, the government can grant extensions.
- Head of the Civil Services Board: They play a critical role in recommending postings, transfers, and empanelment of senior officers (Joint Secretary level and above).
- Chief Crisis Manager: During national emergencies, the Cabinet Secretary chairs the National Crisis Management Committee to coordinate the government’s response.
π Polity β’ Legislation
Q.11) The Whistle Blowers Protection Act, designed to tackle corruption by public servants, was enacted by the Parliament in:
Ans > 2014
- Catalyst for the Legislation: The need was brought to the forefront following the tragic murder of Satyendra Dubey in 2003, who exposed corruption in the Golden Quadrilateral project.
- Legislative Journey: The Bill was passed by the Lok Sabha in 2011 and cleared by the Rajya Sabha in 2014.
- Core Objectives of the Act: It aims to provide a secure mechanism to report corruption or willful misuse of power and penalizes the victimization of the whistleblower.
- Implementation Challenges: Despite becoming law in May 2014, it has faced criticism for remaining largely inoperative due to delays in drafting necessary operational rules.
π Polity β’ Rights
Q.12) The Consumer Protection Act of 1986 was repealed and replaced by a more comprehensive Consumer Protection Act in which year?
Ans > 2019
- Need for Legislative Overhaul: The 1986 Act was structurally inadequate for modern issues like the digital economy, multi-level marketing, and e-commerce.
- Establishment of the CCPA: The 2019 Act created the Central Consumer Protection Authority (CCPA) to protect consumers as a class and penalize false advertising.
- E-Commerce and Product Liability: E-commerce platforms are explicitly covered, and the concept of “product liability” holding manufacturers liable for defective products was introduced.
- Enhanced Dispute Resolution: It revised pecuniary jurisdictions and introduced alternate dispute resolution through mediation cells.
π Polity β’ UPSC
Q.13) Which constitutional authority is empowered under Article 316 to appoint an acting Chairman of the UPSC when the office is vacant?
Ans > The President of India
- Constitutional Provision: Article 316 vests the power to appoint the Chairman and members of the UPSC exclusively in the President of India.
- The 15th Amendment Act: The provision for an “acting Chairman” was inserted via the 15th Constitutional Amendment Act of 1963 to ensure administrative continuity.
- Conditions for Appointment: Used if the office becomes vacant or if the current Chairman is temporarily unable to perform duties due to absence or illness.
- Duration of Acting Role: The acting Chairman continues until a new Chairman is permanently appointed or the original Chairman returns.
π Polity β’ Administration
Q.14) Which Union Ministry acts as the nodal agency for the Union Public Service Commission (UPSC)?
Ans > Ministry of Personnel, Public Grievances and Pensions
- Nodal Ministry Framework: Though an independent constitutional body, the UPSC relies on this Ministry for parliamentary business, budgetary allocations, and government correspondence.
- Department of Personnel and Training (DoPT): The DoPT acts as the specific coordinating agency, formulating civil service policies.
- Cadre Controlling Authority: Post-recruitment, the DoPT handles service allocations and acts as the central cadre controlling authority for the IAS and Central Secretariat Service.
- Ministry Leadership: This Ministry is traditionally kept under the direct charge of the Prime Minister.
π Polity β’ SPSC
Q.15) If a member of a State Public Service Commission (SPSC) wishes to resign, they must submit their resignation to the:
Ans > Governor of the State
- Appointment Authority: SPSC members are appointed exclusively by the Governor of that specific State (Article 316).
- Resignation Protocol: An SPSC member can resign before completing their standard tenure (6 years or age 62) by submitting a written resignation directly to the Governor.
- The Removal Exception: While the Governor appoints and accepts resignations, SPSC members can *only* be removed by the President of India (Article 317).
- Grounds for Presidential Removal: Grounds include proven misbehavior, insolvency, or paid employment outside duties, often requiring a Supreme Court inquiry.
π Polity β’ Election Commission
Q.16) The Election Commission currently consists of the Chief Election Commissioner and:
Ans > Two other Election Commissioners
- Single-Member History: From 1950, the ECI operated as a single-member body with just the CEC (Sukumar Sen being the first).
- The 1989 Transition: The President appointed two additional Commissioners briefly before the 1989 elections to handle the lowered voting age.
- Permanent Multi-Member Structure: The 1993 Act permanently established the ECI as a three-member body (one CEC and two Election Commissioners).
- Equality of Power: All three possess equal voting power and draw equal salaries. Differences are strictly decided by majority vote.
π Polity β’ CAG
Q.17) The Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, which details the specific operational powers of the CAG, was passed by Parliament in:
Ans > 1971
- Constitutional Mandate: Article 149 specifically leaves it to the Parliament to prescribe by law the exact duties and powers the CAG must exercise.
- Enactment of the DPC Act: Parliament passed the CAG (DPC) Act in 1971, serving as the statutory backbone for India’s supreme audit institution.
- Scope of Auditing Powers: The Act empowers the CAG to audit all receipts and expenditures from the Consolidated Funds of India and the States, along with government companies.
- Independence and Service Conditions: The Act solidifies the CAG’s independence by securing their salary, pension, and retirement age.
π Polity β’ Auditing & Accounts
Q.18) In 1976, the CAG was relieved of their responsibilities regarding the compilation and maintenance of accounts for the Central Government. Which new office was created to handle this?
Ans > Controller General of Accounts (CGA)
- The Dual Burden Era: Until the mid-1970s, the CAG compiled *and* audited accounts, violating the modern principle of separating accounting from auditing.
- The 1976 Amendment: The CAG (DPC) Act was amended in 1976 to formally relieve the CAG from compiling Union Government accounts.
- Establishment of the CGA: The Controller General of Accounts was created under the Ministry of Finance as the Principal Accounting Adviser.
- State Level Exception: At the State level, the CAG still continues to perform both accounting and auditing functions.
π Polity β’ Special Provisions
Q.19) Article 371E empowers the Parliament to establish a Central University in which state?
Ans > Andhra Pradesh
- Context of Article 371: Part XXI contains special provisions for several states to meet regional demands and resolve historical disparities.
- The 32nd Amendment Act: Article 371E was inserted by the 32nd Amendment Act (1973) following the “Jai Andhra” and “Telangana” agitations.
- Parliamentary Empowerment: Article 371E explicitly empowers the Parliament to establish a Central University in Andhra Pradesh by law.
- Realization of the Mandate: Parliament enacted the University of Hyderabad Act in 1974, establishing the prestigious University of Hyderabad.
π Polity β’ Judiciary
Q.20) According to the original Constitutional design, which is the only Union Territory that has been specifically granted a High Court of its own since 1966?
Ans > Delhi
- Constitutional Authority: Article 241 grants Parliament the power to constitute a separate High Court for a Union Territory.
- Establishment of Delhi High Court: The Delhi High Court was officially established in October 1966, breaking from the Punjab High Court jurisdiction.
- Unique Historical Status: For decades, Delhi was the sole UT with an independent High Court, reflecting its vast population and litigation volume.
- Comparison with Other UTs: Most UTs fall under neighboring state High Courts (e.g., Puducherry under Madras). J&K retained its High Court when it became a UT recently.
π Polity β’ NHRC
Q.21) The selection committee for the Chairperson and Members of the National Human Rights Commission (NHRC) does NOT include the:
Ans > Chief Justice of India
- Statutory Body Framework: The NHRC is a statutory body established under the Protection of Human Rights Act, 1993, which mandates a bipartisan selection process.
- The Selection Committee: Appointments are made by the President based on recommendations from a six-member committee chaired by the Prime Minister.
- Composition: It includes the PM, Lok Sabha Speaker, Union Home Minister, Deputy Chairman of Rajya Sabha, and Leaders of the Opposition in both houses.
- Exclusion of the Judiciary: The CJI is not a member. However, if a sitting judge is considered, the committee must consult the CJI.
π Polity β’ Statutory Bodies
Q.22) Which statutory body is responsible for protecting the rights of minorities as per the UN Declaration of 1992?
Ans > National Commission for Minorities
- International Catalyst: The 1992 UN “Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities” influenced India’s legislation.
- Statutory Evolution: Elevated from a non-statutory body, Parliament passed the National Commission for Minorities Act in 1992.
- Core Mandate: It evaluates development progress, acts as an investigative agency, and looks into the deprivation of minority safeguards.
- Distinction: It exclusively handles religious minorities. Linguistic minorities fall under a separate constitutional authority (Special Officer for Linguistic Minorities).
π Polity β’ Minorities
Q.23) How many religious communities are currently notified as minority communities by the Government of India under the NCM Act, 1992?
Ans > 6
- Constitutional Context: The Constitution uses the word “minority” but does not define it. The Central Government classifies them under Section 2(c) of the NCM Act.
- The Original Notification: In October 1993, five religious communities were recognized: Muslims, Christians, Sikhs, Buddhists, and Parsis.
- The Sixth Addition: In January 2014, the government officially added Jains to the list, bringing the total to six.
- Demographic Weight: Together, these six communities constitute approximately 19.30% of the total population (2011 Census).
π Polity β’ Minorities
Q.24) The Jains were notified as the sixth minority community in India in which year?
Ans > 2014
- The Legal Struggle: The Jain community argued for years that Jainism is a distinct religion with its own scriptures and philosophy.
- State-Level Precedents: Several states (Maharashtra, Karnataka, MP, UP) already recognized Jains as a minority before central recognition occurred.
- Supreme Court Precedents: In Bal Patil vs Union of India (2005), the SC declined to intervene, noting it falls within the executive domain.
- The Final Notification: The UPA government conferred national minority status upon the Jain community via gazette notification on January 27, 2014.
π Polity β’ Political Parties
Q.25) A political party is recognized as a “National Party” if it wins at least 2% of seats in the Lok Sabha from at least three different states, OR if it is recognized as a State Party in at least how many states?
Ans > Four states
- The Election Symbols Order: The criteria are detailed in the Election Symbols (Reservation and Allotment) Order, 1968.
- Multiple Pathways: Aside from the 2% Lok Sabha rule, a party can qualify if it secures 6% of valid votes in four states plus 4 Lok Sabha seats.
- The State Party Route: If a political party fulfills the criteria to be a formal “State Party” in at least four distinct states, it automatically qualifies as a National Party.
- Recent Exam Relevance: The Aam Aadmi Party (AAP) achieved National Party status in 2023 because it secured State Party status in four states: Delhi, Punjab, Goa, and Gujarat.
π Polity β’ Committees
Q.26) The N.C. Saxena Committee (2009) was constituted by the Ministry of Rural Development to advise on the methodology for conducting the census of:
Ans > Below Poverty Line (BPL) families
- Background of the Committee: In 2008, an expert group headed by Dr. N.C. Saxena was appointed to reform the identification process of the poor to reduce inclusion/exclusion errors.
- Critique of Past Methods: The committee criticized strict income-based criteria for missing the multidimensional nature of rural poverty.
- The Three-fold Model: It proposed automatic exclusion of the visibly non-poor, automatic inclusion of the destitute, and a scoring mechanism based on deprivations.
- Foundation for SECC 2011: This framework laid the groundwork for the massive Socio-Economic and Caste Census (SECC) conducted in 2011.
π Polity β’ Acts
Q.27) The Prevention of Corruption Act, the primary law combatting corruption among public servants in India, was enacted in:
Ans > 1988
- Historical Context: The push for dedicated laws was heavily influenced by the 1964 Santhanam Committee report.
- Consolidation in 1988: The 1988 PCA consolidated anti-corruption provisions and broadened the definition of “public servant.”
- Major Overhaul in 2018: An amendment explicitly criminalized the act of giving a bribe, bringing the bribe-giver on par with the bribe-taker (with certain exemptions).
- Prior Sanction Mechanism: Section 19 mandates investigating agencies to obtain prior sanction from the competent authority before prosecuting a public servant.
π Polity β’ Executive Powers
Q.28) To grant a pardon, the President acts on the advice of the:
Ans > Union Cabinet (Ministry of Home Affairs)
- Constitutional Clemency Powers: Article 72 grants the President broad clemency powers (pardons, reprieves, respites, remissions).
- The Bind of Cabinet Advice: Affirmed in Maru Ram vs Union of India (1980), the President does not exercise this independently but is bound by the aid and advice of the Council of Ministers.
- Role of the Home Ministry: Mercy petitions are routed through the Ministry of Home Affairs, which examines case files and sends a recommendation.
- Scope of Judicial Review: The Epuru Sudhakar case (2006) established that a presidential pardon is subject to limited judicial review if deemed arbitrary or mala fide.
π Polity β’ Governor Powers
Q.29) Can the Governor of a state pardon a person convicted of a crime under a Central law?
Ans > No, restricted strictly to offenses against State laws
- Constitutional Jurisdiction: Article 161 grants pardoning powers to Governors. However, it only applies to offenses against laws relating to matters to which the executive power of the State extends.
- Contrast with Presidential Power: The President has universal power to pardon crimes against any Central law (like IPC), which the Governor lacks.
- The Death Penalty Limitation: A Governor cannot grant a full pardon for a death sentence, even under a State law.
- Recent Nuance: The SC ruled in 2022 that a Governor can pardon a convict whose death sentence was already commuted to life, provided the underlying offense falls under the state’s domain.
π Polity β’ Constitutional Posts
Q.30) Which constitutional post is fondly referred to as the “first law officer of the Government of India”?
Ans > Attorney General for India
- Constitutional Mandate: Established under Article 76, the Attorney General (AG) is appointed by the President and must be qualified to be a Supreme Court judge.
- Role as First Law Officer: The AG gives legal advice to the Government and represents the Union in crucial Supreme Court/High Court cases.
- Unique Parliamentary Privileges: Under Article 88, the AG has the right to attend, speak, and take part in parliamentary proceedings despite not being an MP.
- Limitation on Voting: While enjoying MP immunities, the AG is explicitly barred from voting on any legislation or motion.
π Quick Summary β Polity Set 143
- Electoral Bonds: Supreme Court struck down the scheme in 2024.
- NOTA: Introduced following the PUCL v. Union of India (2013) ruling.
- Disqualification: RPA Sec 8(3) disqualifies convicted MPs for 6 years after release.
- Delimitation Commission: Established four times (1952, 1962, 1973, 2002).
- RTI Act: Officially came into force on October 12, 2005.
- Lokpal Term: Members serve for 5 years or up to 70 years of age.
- Delhi Status: 69th Amendment (1991) based on the Balakrishnan Committee.
- Article 77 Rules: Known as the Government of India (Allocation of Business) Rules.
- Cabinet Secretariat: Functions directly under the Prime Minister.
- Highest Civil Servant: The Cabinet Secretary heads the Civil Services Board.
- Whistle Blowers Act: Enacted by Parliament in 2014.
- Consumer Protection Act: The 1986 act was repealed and replaced in 2019.
- UPSC Acting Chairman: Appointed by the President of India (Article 316).
- UPSC Nodal Ministry: Ministry of Personnel, Public Grievances and Pensions.
- SPSC Resignation: Members submit resignations to the Governor of the State.
- Election Commission: Consists of a CEC and two other Election Commissioners.
- CAG Powers: Defined in the CAG (Duties, Powers and Conditions of Service) Act, 1971.
- Accounting Separation: The CGA was created in 1976 for Central accounts.
- Article 371E: Empowers Parliament to establish a Central University in Andhra Pradesh.
- UT High Court: Delhi is the only UT granted its own High Court since 1966.
- NHRC Selection: The committee does NOT include the Chief Justice of India.
- Minorities Body: National Commission for Minorities acts per the 1992 UN Declaration.
- Recognized Minorities: There are currently 6 notified minority communities.
- Jains Minorities: Jains were notified as the sixth minority community in 2014.
- National Party: Earned if recognized as a State Party in at least four states.
- N.C. Saxena Committee: Advised on the census methodology for BPL families.
- Prevention of Corruption Act: Enacted in 1988.
- Pardoning Power: The President acts on the advice of the Union Cabinet (MHA).
- Governor’s Pardon: Restricted strictly to State laws, not Central laws.
- First Law Officer: The Attorney General for India.
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