Polity Set 152 | MROY Class

Polity Set 152

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πŸ“Œ Elections β€’ Tribunals

Q.1) Article 323B allows the appropriate legislature to establish Administrative Tribunals for resolving electoral disputes. Have such electoral tribunals been established in India?

Ans > No, electoral tribunals have not been established; disputes are heard by the High Courts
  • Constitutional Enablement via the 42nd Amendment: Article 323B was inserted into the Indian Constitution by the 42nd Amendment Act in 1976. This article explicitly empowers the appropriate legislature to establish specialized tribunals for adjudicating disputes relating to matters like elections to either House of Parliament or the State Legislature, aiming to expedite dispute resolution.
  • Failure to Enact Enabling Legislation: Despite the constitutional provision existing since 1976, neither the Parliament nor the State Legislatures have ever enacted the specific laws required to actually constitute and operationalize these electoral tribunals. The provision remains an unused constitutional enabler.
  • Current Judicial Framework Under RPA 1951: Because specialized tribunals do not exist, the legal mechanism defined under Part VI of the Representation of the People Act, 1951, continues to govern. All election petitions must be filed directly in the relevant State High Court, usually heard by a single-judge bench, with appeals going to the Supreme Court.
πŸ“Œ Elections β€’ Delimitation

Q.2) Are the orders issued by the Delimitation Commission subject to judicial review?

Ans > No, they cannot be challenged in any court of law
  • Constitutional Immunity Under Article 329: The Constitution of India explicitly bars the interference of courts in electoral matters. Article 329(a) specifically states that the validity of any law relating to the delimitation of constituencies, or the allotment of seats to such constituencies, cannot be called into question in any court. This grants the Delimitation Commission’s orders absolute finality.
  • Rationale for Barring Judicial Review: The primary reason for shielding the Delimitation Commission’s orders from judicial scrutiny is purely administrative and practical. If these orders were open to legal challenges, vested political interests could easily file injunctions, indefinitely delaying elections.
  • Procedural Finality and Presidential Gazetting: Once the Delimitation Commission finalized its findings, the orders are published in the Gazette of India and State Gazettes. While copies are laid before the Lok Sabha and the State Assemblies, these bodies have no power to suggest or enact modifications to the finalized orders.
πŸ“Œ Elections β€’ History

Q.3) In which year was the first Delimitation Commission Act enacted by the Parliament of India?

Ans > 1952
  • Constitutional Mandate for Re-adjustment: Article 82 of the Indian Constitution mandates the Parliament to enact a Delimitation Act after every census to ensure the ratio of the population to the number of seats remains uniform. This ensures the principle of “one vote, one value” is maintained.
  • The Genesis of the 1952 Act: Following the first official census of independent India in 1951, Parliament recognized the immediate need to redraw constituency boundaries. Consequently, the first Delimitation Commission Act was drafted and enacted in 1952.
  • Historical Timeline of Commissions: Following this inaugural act, Delimitation Commissions have been established only three more times: in 1962, 1973, and 2002. There was no delimitation after the 1981 and 1991 censuses due to a constitutional freeze implemented during the 1976 Emergency.
πŸ“Œ Elections β€’ Voting Tech

Q.4) When a voter casts their vote using an Electronic Voting Machine (EVM) with a Voter Verifiable Paper Audit Trail (VVPAT), the VVPAT window displays the printed slip to the voter for how many seconds before cutting it?

Ans > 7 seconds
  • Mechanism of the VVPAT System: The VVPAT is an independent verification printer attached to EVMs. It allows voters to visually verify that their vote was cast precisely as intended, printing a physical slip containing the serial number, name, and symbol of the chosen candidate.
  • The 7-Second Verification Window: The Election Commission meticulously designed the system to display this printed slip behind a transparent window illuminated by an LED light for exactly 7 seconds. This duration was determined to be optimal for an average voter to verify the info without causing undue delays in the queue.
  • Post-Verification Security: After 7 seconds, the internal mechanism automatically cuts the slip, which falls into a sealed drop box. The voter does not take the slip home, ensuring absolute vote secrecy while maintaining a physical paper trail for disputes.
πŸ“Œ Elections β€’ EVM Capacity

Q.5) What is the maximum number of candidates (including the NOTA option) that a single Ballot Unit (BU) of an EVM can cater to?

Ans > 16
  • Physical Design Constraints of the Ballot Unit: An EVM consists of the Control Unit (with the presiding officer) and the Ballot Unit (inside the voting compartment). A standard Ballot Unit is physically manufactured with a fixed grid of 16 individual candidate buttons.
  • Inclusion of NOTA within the Limit: Following the SC’s 2013 mandate, the NOTA option must be provided. Operationally, NOTA is treated as a candidate. So if a constituency has 15 actual human candidates, the 16th slot is reserved strictly for NOTA.
  • Blanking Unused Buttons: If there are fewer than 15 candidates, the remaining active buttons on the BU are mechanically and electronically masked by the Returning Officer before polling begins to prevent accidental presses.
πŸ“Œ Elections β€’ EVM Evolution

Q.6) If there are more than 16 candidates in a constituency, additional Ballot Units (BUs) can be linked. What is the absolute maximum number of candidates (including NOTA) that the current generation of EVMs (M3) can handle by connecting multiple BUs to one Control Unit?

Ans > 384
  • Technological Evolution from M2 to M3: The ECI has progressively upgraded EVM technology. Older M2 EVMs could only connect 4 BUs (limiting them to 64 candidates). The current third-generation M3 EVMs (introduced in 2013) feature advanced microcontrollers and expanded memory.
  • Daisy-Chaining Ballot Units: The M3 Control Unit is engineered to support the “daisy-chaining” of multiple Ballot Units. An M3 Control Unit can successfully link up to 24 individual Ballot Units simultaneously in a single series.
  • Calculating the Absolute Maximum: Since each BU features 16 buttons, linking the maximum capacity of 24 units allows the system to handle a total of 384 slots (24 BUs Γ— 16 buttons). This capacity proved essential in the 2019 Nizamabad elections where 185 candidates contested.
πŸ“Œ RPA 1951 β€’ Political Parties

Q.7) Registration of political parties in India is governed by the provisions of which Section of the Representation of the People Act, 1951?

Ans > Section 29A
  • Legal Framework for Party Registration: Section 29A of the Representation of the People Act, 1951, provides the exclusive statutory framework for the registration of associations and bodies of individual citizens of India as political parties. The ECI derives its absolute authority to register these entities from this section.
  • Strict Application Timeline and Requirements: Under Section 29A, a newly formed association must submit an application to the ECI within exactly 30 days of its formal formation. It requires documentation like a constitution and an affidavit of allegiance to the Indian Constitution.
  • Benefits of Registration: While not legally mandatory to register to contest (independents can run), registering unlocks privileges like eventually upgrading to “Recognized” National/State party status, securing permanent symbols, and getting free broadcast time.
πŸ“Œ RPA 1951 β€’ Electoral Offences

Q.8) Which part of the Representation of the People Act, 1951 comprehensively defines and deals with “Corrupt Practices” and Electoral Offences?

Ans > Part VII
  • Defining Electoral Malfeasance: Part VII of the Representation of the People Act, 1951, serves as the critical legal guardrail protecting elections. It meticulously defines “Corrupt Practice” (Section 123) and outlines “Electoral Offences” (Sections 125 to 136).
  • Scope of Section 123 (Corrupt Practices): Section 123 provides an exhaustive list of corrupt activities, including bribery, undue influence, appealing to voters on grounds of religion or caste, promoting enmity, and organized hiring of vehicles for voter conveyance.
  • Consequences of Part VII Violations: If a court finds a winning candidate guilty of these practices during an election petition, their election is immediately declared null and void, and they face severe legal disqualification for up to six years.
πŸ“Œ Fundamental Rights β€’ Suffrage

Q.9) The Right to Vote in India is best classified legally as a:

Ans > Constitutional Right (Article 326) / Statutory Right (RPA 1951)
  • The Constitutional Foundation (Article 326): The primary bedrock of the voting right is Article 326, establishing Universal Adult Suffrage. It explicitly guarantees that elections shall be based on adult suffrage for citizens aged 18 or above.
  • The Statutory Framework (RPA 1950 & 1951): While the Constitution grants the broad principle, the operational mechanics and grounds for disqualification are codified in the RPA 1950 and 1951. For decades, courts defined the right strictly as a statutory right.
  • Evolving Supreme Court Jurisprudence: In landmark judgments like PUCL vs. UoI (2013), the SC clarified that while heavily regulated by statute, the fundamental substance of the right is directly derived from Article 326. Thus, it is classified as a Constitutional Right heavily regulated by statutory limitations.
πŸ“Œ RPA 1951 β€’ Prisoner Rights

Q.10) Under Section 62(5) of the Representation of the People Act, 1951, are prisoners (individuals confined in a prison under a sentence of imprisonment) permitted to vote in Indian elections?

Ans > No, prisoners do not have the right to vote
  • The Blanket Ban in Section 62(5): Section 62(5) imposes a strict blanket ban on voting for individuals in prison. It categorically states that no person shall vote at any election if they are confined in a prison under a sentence of imprisonment or in lawful police custody.
  • Application to Both Convicts and Under-trials: The legal provision makes no distinction between a convicted criminal and an under-trial prisoner presumed innocent. Both are equally stripped of voting rights for the duration of confinement.
  • Judicial Validation: Repeatedly challenged, the Supreme Court (e.g., Anukul Chandra Pradhan vs. Union of India, 1997) upheld the ban based on resource constraints and the principle of keeping individuals with criminal backgrounds away from the electoral process.
πŸ“Œ RPA 1951 β€’ Preventive Detention

Q.11) Under the same Act, does a person subjected to “Preventive Detention” under any law retain the right to vote?

Ans > Yes, they retain the right and can vote via postal ballot
  • The Legal Exception in Section 62(5): While Section 62(5) strips regular convicts and under-trials of voting rights, it explicitly carves out an exception stating the ban does not apply to a person subjected to preventive detention under any prevailing law.
  • Rationale for the Exception: A person in preventive detention is detained merely on suspicion regarding future public order acts; they have not been convicted nor are they undergoing a formal trial. Thus, the legislature chose not to strip their constitutional right.
  • Mechanism of Voting via Postal Ballot: Because these individuals cannot physically visit a polling booth, the Conduct of Election Rules, 1961, entitles them to cast their votes securely using postal ballots dispatched to their detention facility.
πŸ“Œ Elections β€’ Notification Authority

Q.12) The formal notification calling upon the constituencies to elect members for a general election to the Lok Sabha is issued by the:

Ans > President of India
  • Statutory Procedure under Section 14: The initiation of a general election for the Lok Sabha is legally governed by Section 14 of the RPA 1951. The process officially begins when a notification is published. This power is vested exclusively in the President of India.
  • The Role of the Election Commission: The President does not act independently on this timing. The law strictly mandates that the President can only issue this notification based strictly on the scheduled recommendations provided by the Election Commission of India.
  • Publication and Legal Trigger: Once signed by the President, the notification is published in the Gazette of India, marking the legal commencement of the election cycle and acting as the trigger for candidates to file nomination papers.
πŸ“Œ Elections β€’ State Assembly

Q.13) The formal notification calling upon the constituencies to elect members for a general election to a State Legislative Assembly is issued by the:

Ans > Governor of the State
  • Parallel Statutory Mechanism (Section 15): The procedure for initiating state-level elections mirrors the national process. Section 15 of the RPA 1951 dictates that the formal notification calling upon assembly constituencies must be issued by the Governor of the respective state.
  • Central Election Commission’s Authority: It is the central Election Commission of India (ECI), not the State Election Commission (which only handles Panchayat/Municipal polls), that conducts Assembly elections. The Governor acts on the recommendation of the central ECI.
  • Gazette Publication: The Governor’s formal notification is published in the State Gazette, officially opening the window for candidates to approach Returning Officers to file nominations.
πŸ“Œ RPA 1951 β€’ Security Deposit

Q.14) A candidate contesting a Lok Sabha election must make a security deposit. As per the current regulations, what is the standard security deposit amount for a general category candidate for the Lok Sabha?

Ans > Rs 25,000
  • Purpose of the Security Deposit: The ECI mandates a security deposit under the RPA 1951 to deter non-serious or dummy candidates from cluttering the ballot, which complicates logistics and requires extra EVMs.
  • Current Financial Thresholds: Currently, a candidate from the General Category contesting a Lok Sabha seat must deposit β‚Ή25,000. For SC/ST candidates, the deposit is exactly half this amount (β‚Ή12,500) to ensure marginalized communities aren’t prevented from participating.
  • Rules for Forfeiture (Zamanat Zabt): If a candidate secures less than one-sixth (16.67%) of the total valid votes polled in the constituency, the deposit is completely forfeited. It is refunded only if they secure more than one-sixth or win the election.
πŸ“Œ RPA 1951 β€’ Security Deposit

Q.15) What is the standard security deposit amount for a general category candidate contesting a State Legislative Assembly election?

Ans > Rs 10,000
  • Scaling Down for State Elections: Because State Assembly elections cover a much smaller geographical area, the ECI sets a lower financial threshold for the security deposit to ensure it remains a deterrent without being an insurmountable barrier for grassroots politicians.
  • Current State-Level Thresholds: A candidate contesting under the General Category for a State Assembly must deposit β‚Ή10,000. SC/ST candidates are required to deposit β‚Ή5,000.
  • Uniformity in Forfeiture Rules: The mathematical threshold remains identical to the Lok Sabha: an Assembly candidate must secure at least one-sixth of the total valid votes to trigger a refund and avoid “Zamanat Zabt”.
πŸ“Œ RPA 1951 β€’ Election Expenditure

Q.16) Under the election expenditure limits revised in 2022, what is the maximum election expenditure limit for a candidate in a Lok Sabha constituency in larger states (like UP, Maharashtra)?

Ans > Rs 95 Lakhs
  • Rationale for Expenditure Limits: Section 77 of the RPA 1951 mandates keeping a correct account of all election expenditure. Setting a ceiling ensures a level playing field, preventing incredibly wealthy candidates from easily buying an election.
  • The 2022 Revisions by the ECI: Recognizing severe inflation and increased logistical costs, the ECI formally notified a substantial upward revision of these limits in January 2022 for all subsequent national elections.
  • Categorization Based on State Size: For larger states (e.g., Uttar Pradesh, Maharashtra), the Lok Sabha limit was raised from β‚Ή70 Lakhs to β‚Ή95 Lakhs per candidate. For smaller states, the limit was capped at β‚Ή75 Lakhs.
πŸ“Œ RPA 1951 β€’ Election Expenditure

Q.17) Under the revised 2022 limits, what is the maximum election expenditure limit for a candidate in an Assembly constituency in larger states?

Ans > Rs 40 Lakhs
  • Proportional Scaling for Assembly Seats: Because State Assembly constituencies are fractions of a larger Lok Sabha constituency, the campaign required is smaller. The ECI correspondingly scales down the legal expenditure limit for MLA candidates.
  • The 2022 Assembly Enhancements: In January 2022, the ECI revised the maximum allowable expenditure ceiling for MLA candidates in larger states from β‚Ή28 Lakhs up to a new cap of β‚Ή40 Lakhs.
  • Strict Auditing Penalties: For smaller states, the limit is β‚Ή28 Lakhs. Exceeding these limits or submitting false accounts is a “corrupt practice” under Section 123 of the RPA, leading to immediate unseating and a three-year disqualification.
πŸ“Œ RPA 1951 β€’ Exit Polls

Q.18) According to the Election Commission guidelines, exit polls can only be published or broadcast:

Ans > After the closing of polls in the final phase of the election across all states involved
  • The Problem with Phased Elections: If exit polls were broadcast after Phase 1, the predicted results would influence the psychological behavior of voters in subsequent phases, violating free choice.
  • Section 126A of the RPA 1951: To combat this, Parliament introduced Section 126A, which strictly prohibits the conduct of any exit poll, as well as publishing its results, during a specified embargo period.
  • The Embargo Timeline: The ban begins when polling commences on the first day of the first phase and lifts exactly half an hour after the final closing of the polls in the very last phase of the entire election process.
πŸ“Œ Campaigns β€’ Silence Period

Q.19) The “Silence Period,” during which public campaigning is strictly prohibited, generally begins how many hours before the scheduled close of polls in a constituency?

Ans > 48 hours
  • The Objective of the Silence Period: The 48-hour period gives voters a peaceful, unpressured window to reflect on candidates without a constant barrage of rallies, allowing for a rational voting decision.
  • Statutory Backing under Section 126: Section 126 of the RPA 1951 prohibits holding any public meeting or procession, and bans displaying election matter via television or similar apparatus during this window.
  • What is Permitted: Campaigning does not stop entirely; candidates are legally permitted to conduct quiet, door-to-door canvassing. However, the use of loudspeakers, crowds, and broadcast media is strictly criminalized.
πŸ“Œ Citizenship β€’ OCI Rights

Q.20) A person who is not a citizen of India but is an Overseas Citizen of India (OCI) cardholder:

Ans > Does NOT have the right to vote in any elections in India
  • The Misnomer of the OCI Card: Despite its title, the OCI scheme is not dual citizenship (which India strictly prohibits). An OCI card is essentially a lifetime visa granting parity with NRIs in financial/educational fields, but the holder fundamentally holds a foreign passport.
  • Citizenship as a Prerequisite: Article 326 and the RPA 1950 make absolute citizenship the non-negotiable prerequisite for voting registration. Because OCI cardholders have renounced Indian citizenship, they are ineligible.
  • Contrast with NRIs: This is different from Non-Resident Indians (NRIs), who are Indian citizens holding Indian passports but living abroad. NRIs do have the right to vote if they travel to their constituency.
πŸ“Œ Disqualification β€’ Hate Speech

Q.21) Under the Representation of the People Act, 1951, a person is permanently disqualified from contesting elections if they are convicted of promoting enmity between different groups under which section of the IPC?

Ans > Section 153A
  • Targeting Hate Speech and Enmity: Section 153A of the IPC criminalizes promoting enmity between groups on grounds of religion, race, etc. Lawmakers designated this a severe electoral offense to maintain secular harmony.
  • The Mechanism of Section 8(1) RPA: Section 8(1) of the RPA 1951 lists specific severe offenses. Conviction under any of these (even with just a fine) triggers immediate disqualification from contesting.
  • Duration of the Disqualification: The disqualification is not a literal lifetime ban, but lasts from the exact date of conviction and continues for a mandatory period of six years *after* release from prison.
πŸ“Œ Election Procedure β€’ Adjournment

Q.22) If a candidate dies before the polling day, but after the nominations are finalized, what happens to the election in that constituency?

Ans > If the deceased candidate belonged to a recognized National or State political party, the poll is adjourned to allow the party to nominate a replacement.
  • The Distinction Between Candidates: Section 52 of the RPA 1951 strictly differentiates between candidates from “Recognized” political parties and independent/unrecognized party candidates.
  • Death of a Recognized Party Candidate: If a recognized party’s candidate dies before polls, the Returning Officer adjourns the poll. The party is given 7 days to nominate a substitute candidate, and the election is rescheduled.
  • Death of an Independent Candidate: If an independent candidate dies, the election process is not halted. Voting proceeds as planned. If they posthumously win, the seat is declared vacant, and a by-election is held.
πŸ“Œ Parliament β€’ Disqualification

Q.23) Under Article 103, if a question arises as to whether a sitting MP has become subject to any disqualification (other than defection), the President decides the matter based on the binding advice of the:

Ans > Election Commission of India
  • Scope of Article 103 Disqualifications: Article 102 outlines disqualification grounds (office of profit, unsound mind, etc.). Article 103 dictates the mechanism for removing an MP if they fall into these categories post-election.
  • The Adjudicating Authority: The final authority rests formally with the President of India, who issues the final order stripping the MP of their membership.
  • The Binding Role of the ECI: However, Article 103 mandates the President must obtain the opinion of the Election Commission, which conducts hearings and whose final recommendation is entirely binding on the President.
πŸ“Œ Electoral Reforms β€’ NOTA

Q.24) The concept of the “NOTA” (None of the Above) option was implemented in India following a 2013 judgment delivered by the Supreme Court in a Public Interest Litigation filed by which organization?

Ans > People’s Union for Civil Liberties (PUCL)
  • The Flaw in the Old System (Rule 49-O): Before NOTA, voters refusing to vote had to verbally inform the presiding officer (Rule 49-O), which was recorded in a register, severely violating the secrecy of the ballot.
  • The PUCL Public Interest Litigation: The NGO PUCL filed a PIL challenging this, arguing the right to vote inherently includes the right to reject without compromising secrecy.
  • The Landmark 2013 Supreme Court Verdict: The SC ruled in favor of PUCL, directing the ECI to provide a “NOTA” button on all EVMs, allowing voters to safely register a protest vote.
πŸ“Œ Electoral Outcome β€’ NOTA

Q.25) If the NOTA option receives the highest number of votes in a constituency, what happens according to the current Election Commission guidelines?

Ans > The candidate who secures the second-highest number of votes (the highest among actual candidates) is declared elected.
  • The Lack of Legal Teeth: A widespread misconception is that a majority NOTA vote forces a re-election. Under current statutory framework, NOTA has zero legal power to invalidate an election outcome.
  • The First-Past-The-Post Reality: India follows the FPTP system. According to ECI guidelines, even if NOTA receives 99% of the votes, the human candidate securing the remaining 1% of valid votes will be declared the winner.
  • Push for Electoral Reforms: Organizations are actively petitioning courts to grant NOTA legal teeth (forcing re-elections and banning rejected candidates), but Parliament has not yet amended the RPA to implement this.
πŸ“Œ Executive β€’ Amendments

Q.26) Which Constitutional Amendment Act made it explicitly clear that the advice of the Council of Ministers is binding on the President?

Ans > 42nd Amendment Act
  • The Ambiguity in Original Article 74: Before 1976, Article 74(1) stated the Council was “to aid and advise” the President, leaving it ambiguous if this was consultative or legally binding.
  • The 42nd Amendment’s Decisive Shift: During the 1976 Emergency, the 42nd Amendment altered the language to state unequivocally that the President “shall, in the exercise of his functions, act in accordance with such advice,” eradicating discretionary power.
  • The 44th Amendment Modification: In 1978, the 44th Amendment added a proviso allowing the President to require the Council to reconsider their advice once. If sent back again, the President is forced to accept it.
πŸ“Œ Judiciary β€’ 9th Schedule

Q.27) The 9th Schedule of the Constitution was created specifically to protect which type of laws from being challenged in courts on the grounds of violating Fundamental Rights?

Ans > Land reform and Zamindari abolition laws
  • The Post-Independence Zamindari Challenge: Immediately after independence, state governments passed agrarian reform laws to abolish the Zamindari system. Zamindars swiftly dragged these states to court.
  • The Conflict with the Right to Property: Zamindars successfully argued that land acquisition violated their Fundamental Right to Property (Article 31) and Right to Equality (Article 14), leading courts to strike down the reforms.
  • The Creation of the “Constitutional Vault”: To rescue its socio-economic agenda, the Nehru government introduced the First Amendment, creating the 9th Schedule. Placing a law inside it made it immune to judicial review regarding Fundamental Rights violations.
πŸ“Œ Amendments β€’ Article 31B

Q.28) Article 31B (which validates laws placed in the 9th Schedule) was inserted by which Constitutional Amendment?

Ans > 1st Amendment Act (1951)
  • The Mechanics of the First Amendment: The First Amendment Act of 1951 was enacted to overcome legal hurdles related to agrarian reforms. It introduced two specific new articles: Article 31A and Article 31B.
  • The Function of Article 31B: Article 31B was designed as a sweeping mechanism explicitly stating that none of the Acts specified in the 9th Schedule shall be deemed void on the ground that they infringe on any Fundamental Rights.
  • Retrospective Validation: A powerful feature was its retrospective natureβ€”even if a court had previously struck down a law, placing it into the 9th Schedule under Article 31B legally revived and validated it immediately.
πŸ“Œ Supreme Court β€’ Jurisdiction

Q.29) The Supreme Court of India is granted the power to transfer any civil or criminal case from one State High Court to another State High Court under which Article?

Ans > Article 139A
  • Insertion via the 42nd Amendment: Article 139A was inserted by the 42nd Constitutional Amendment Act of 1976 to streamline the judicial process and give the Supreme Court greater administrative command over High Courts.
  • Tackling Multiplicity of Proceedings: Article 139A(1) empowers the SC to withdraw identical or similar pending cases from various High Courts and dispose of them directly to establish a single binding precedent.
  • Ensuring the Ends of Justice: Article 139A(2) grants the SC authority to transfer any case from one State HC to another, often invoked when a fair trial is impossible due to local political pressure or bias.
πŸ“Œ DPSP β€’ Environment

Q.30) Which Article of the Constitution establishes the fundamental principle that “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country”?

Ans > Article 48A
  • Post-Stockholm Environmental Awakening: The original Constitution lacked explicit environmental provisions. After the 1972 UN Conference in Stockholm, the Indian government recognized the urgent need to embed environmentalism into the framework.
  • The 42nd Amendment and Directive Principles: The 42nd Amendment Act inserted Article 48A into Part IV (DPSP). This placed a specific moral obligation on the State to enact policies protecting the environment and safeguarding forests/wildlife.
  • Corresponding Fundamental Duty: Simultaneously, the amendment inserted Article 51A(g) into the Fundamental Duties, making it the duty of every citizen to protect and improve the natural environment, creating a dual responsibility model.

πŸ“Œ Quick Summary β€” Polity Set 152

  • Elections: Electoral tribunals under Article 323B remain unestablished; High Courts hear disputes.
  • Elections: Delimitation Commission orders hold absolute finality (No Judicial Review).
  • Elections: The First Delimitation Commission Act was enacted in 1952.
  • Voting Tech: VVPAT slip window displays for exactly 7 seconds.
  • EVM Capacity: Max candidates on one standard Ballot Unit is 16 (including NOTA).
  • EVM Capacity: M3 EVMs can handle up to 384 candidates by linking 24 BUs.
  • RPA 1951: Political parties register under Section 29A.
  • RPA 1951: Corrupt practices and electoral offences are defined in Part VII.
  • Fundamental Rights: Right to Vote is a Constitutional Right derived from Article 326.
  • Prisoner Rights: Convicts and under-trials in prison cannot vote (Sec 62(5)).
  • Prisoner Rights: Preventive Detention prisoners retain the right via postal ballot.
  • Notification Authority: President issues Lok Sabha notifications; Governor issues State Assembly notifications.
  • Security Deposit: General category Lok Sabha deposit is β‚Ή25,000. State Assembly is β‚Ή10,000.
  • Election Expenditure: LS limits for large states: β‚Ή95 Lakhs. Assembly limits: β‚Ή40 Lakhs.
  • Exit Polls: Embargo lasts until half an hour after polling concludes across all phases.
  • Silence Period: Campaigning bans begin 48 hours prior to poll closing.
  • Citizenship: OCI cardholders do not possess Indian voting rights.
  • Disqualification: Hate speech (Section 153A) triggers strict 6-year electoral disqualification.
  • Candidate Death: Death of a recognized party candidate forces poll adjournment.
  • MP Disqualification: President acts strictly on the binding advice of the Election Commission (Article 103).
  • Electoral Reforms: NOTA implemented post-2013 SC verdict in the PUCL PIL.
  • NOTA Reality: If NOTA gets max votes, the second-highest (human) candidate is elected.
  • Executive Power: 42nd Amendment made Council of Ministers advice legally binding on the President.
  • Judiciary: 9th Schedule created to shield Land Reforms/Zamindari abolition laws.
  • Constitutional Law: Article 31B (9th Schedule shield) introduced by 1st Amendment Act (1951).
  • Supreme Court: Article 139A grants SC power to transfer cases between High Courts.
  • DPSP: Article 48A obligates the State to protect forests, wildlife, and the environment.
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